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Findings - PZ - 1996 - - Cu For Child Care Facilityr. CITY OF EAGLE IN THE MATTER OF YMCA ) AN APPLICATION FOR ) CONDITIONAL USE PERMIT ) FOR CHILD CARE FACILITY ) FINDINGS OF FACTS AND CONCLUSIONS OF LAW On July 1, 1996, Pursuant to public notice and hearing procedures set forth in Section 67-6509, Idaho State Code, Nina Ross representing the YMCA, the applicant, came before the Eagle Planning and Zoning Commission, for the City of Eagle, Idaho, requesting approval for a Conditional Use Permit for Child care facility during the summer and before and after school. Based on testimony from the applicant and all interested parties, together with all documentary evidence submitted concerning the application, the Eagle City Planning and Zoning Commission finds the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW: 1. On July 1, 1996, a public hearing was conducted by the Eagle Planning and Zoning Commission. Testimony was presented by neighborhood property owners. Oscar Letz testified in opposition to the application, he was concerned about the number of children, fencing is primitive, a weed area not grassed, concerned about the noise, too much traffic. Testifying in favor of the proposal were Keith Hanson -Church Pastor, Debbie Borke, Chuck Leis. 2. The records in this matter indicate all notices, and publications have occurred as required by law. The records further reflect notice of the public hearing was sent to the appropriate public and private entities with responses to the proposal being received in the City Clerk's office from those entities. Those responses are as follows: RESPONSES RECEIVED FROM ENTITIES: Eagle Fire District 6/18/96: Both exits off the stage area have to be widened. A 3 to 5 ft. Separation wall has to be built on the stage to keep children from falling off the stage onto the gym floor. Kent McCleney Eagle Sewer District 6/14/96 This facility is connected to Sewer. The calculations are in the same manner as the public schools. There will be no adjustment in connection fee. The District has no objection to the CUP. 3. Nina Ross spoke on behalf of the YMCA and outlined the project to the Commissioners. She spoke about the numbers of children on the site at a given time (about 36), there is a ratio of 1 teacher to 12 students. There will be about 88 children enrolled, ages 6 and over, but the children would not attend all at the same time. During school there are YMCA vans to take them to public school and to pick them up. City Clerk, Barbara Montgomery, stated that the Fire District has two conditions that they would want made prior to approval. The exits would have to be widened, and construct of a wall on the stage. 4. The standards used in evaluating the application are in the following sections of the Eagle City Code and Comprehensive Plan. 8-7-3-2: GENERAL STANDARDS FOR CONDITIONAL USES: The Commission/Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location: A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this Title for the zoning district involved; B. Will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or this Title; C. Will be designed constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; D. Will not be hazardous or disturbing to existent or future neighboring uses; E. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer an schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services; F. will not create excessive additional requirements at public cost for public facilities and services and will not b detrimental to the economic welfare of the community; G. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke fumes, glare or odors; H. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares; and I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8-3-3 D. Side and Rear Yards for Nonresidential Uses Abutting Residential Districts: Nonresidential buildings of uses shall not be located nor conducted closer than forty feet to any lot line of a residential district; except that the minimum yard requirements may be reduced to fifty percent of the requirement if acceptable landscaping or screening approved by the Council is provided. Such screening shall be a masonry or solid fence between four and eight feet in height, maintained in good condition and free of all advertising or other signs. Landscaping provided in lieu of such wall or fence shall consist of a strip of land not less than twenty feet in width planted with an evergreen hedge or dense planting of evergreen shrubs not less than four feet in height at the time of planting. 8-7-3-3 Public Sites and open spaces: shall conform to the following: A. Public Uses B. Natural Features C. Special Developments 8-7-3-4: Supplementary conditions and safeguards: In granting and CUP the Council may prescribe appropriate conditions, bonds and safeguards in conformity with this Title. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the CUP is granted, shall be deemed a violation of this Title. 8-7-3-5: CONDITIONAL USE PERMITS 8-7-3-5-C-2: Upon granting or denying a CUP specify: a. the ordinance and standards used in evaluating the application; b. the reasons for approval or denial; and c. the actions, if any, that the applicant could take to obtain a permit. 8-7-3-5-D: Conditions of permit: Upon granting of a CUP conditions may be attached to said permit including, but not limited to, those: 1. Minimizing adverse impact on other development; 2. Controlling the sequence and timing of development; 3. Controlling the duration of development; 4. Assuring that development is maintained properly; 5. Designating the exact location and nature of development; 6. Requiring the provision for on site or off site public facilities or service; and 7. Requiring more restrictive standards than those generally required in this Title 8-7-3-5-E: TRANSFER OF PERMIT: A CUP is not transferrable from one parcel to another. (D) A CUP shall not be considered as establishing a binding precedent to grant other CUP. CONCLUSION The Planning and Zoning Commission concludes that the application for Conditional Use Permit as presented is consistent with the intent and purpose of the Eagle Comprehensive Plan and Eagle City Codes. Granting of the application will not violate the Idaho Code nor nullify the interests or purposes of the Eagle City Code or Eagle Comprehensive Plan, with the conditions recommended by the Eagle Planning and Zoning Commission; RECOMMENDATION Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF LAW, the Eagle Planning and Zoning Commission recommends to the Council the application for a Conditional Use Permit be approved subject to the following conditions: 1. Meet the recommendations of the Fire District for the stage and exits. ADOPTED by the Eagle Planning and Zoning Commission of the City of Eagle, Ida`this 15 day of July , 1996. tir T -W: ATTEST: -4 BE B LEY LAURA MARKHAM PLANNING NING DEPUTY CITY CLERK COMMISSION