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22 <br />FINDINGS OF FACT <br />Pius of Fact: The Planning Commission reconunends approval of the applicant's request for <br />a Conditional Use Permit for Jack & Jill Daycare and Preschool facility, based on the following <br />Findings of Fact and subject to the conditions listed below. <br />The applicant has followed the procedure in applying for Conditional Use Permit (CUP) <br />as outlined in Section 1665.04 Conditional Use Permits. An application for the CUP was <br />made on forms provided to Mr. Robert Poster, the applicant, by staff. The application <br />was signed and dated and the fee in the amount specified in Subsection 61.5.07 of the <br />City Code was attached to the competed application. The public hearing notice for the <br />September Planning Commission meeting was published in the City's legal newspaper <br />and notices were mailed to property owners adjacent to the property, according to <br />Section 115. The application is scheduled for the October 23, 2007 City Council meeting <br />for consideration. The CUP application be reviewed and considered with the following <br />items: <br />a.) The use is one of the conditional uses specifically listed for the district in <br />which the property is located. A text amendment was previously presented <br />to City Council for adoption and this CUP is contingent upon Council <br />adoption of the applicants proposed text amendment allowing daycare <br />facilities as a permitted conditional use in the Industrial Zoning District. <br />b.) The Council will specified all conditions which the Council deems necessary <br />to make the use compatible with other uses in the area. <br />c.) The use will not be detrimental to the health, safety, or general welfare of <br />persons residing or working in the vicinity or to the values of property in the <br />vicinity. The applicant has argued that a conveniently located daycare <br />facility will not be detrimental in any way to the health, safety, or general <br />welfare of persons residing or working in the vicinity but rather will be <br />welcomed to employees with children. They also indicated that the Jack & <br />Jill daycare and pre-school facility will not be in direct competition with Step <br />by Step Montessori as both facilities offer different programs. <br />d.) The use will provide a service or a facility which is in the interest of public <br />convenience and will contribute to the general welfare. Mr. Foster reports <br />that Jack & Jill daycare offers daycare convenience to employees of the area <br />businesses. <br />Conditions: <br />The following are specific conditions recommended for Council consideration and to be <br />made a part of the CUP for the Jack & Jill daycare and pre-school facilities. <br />F:\Planning\Findings of Fact\Findings of Fact FormatJack & Jill 10162007.doc <br />