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