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Findings - PZ - 1994 - rezone from M1 to C1 - Rezone 2.16 Acres At S Eagle Rd M1 To C1 CITY OF EAGLE IN THE MATTER OF NORTH CHANNEL CENTER/ DENNIS BAKER AN APPLICATION FOR A REZONE ) ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW On October 3, 1994, pursuant to public notice and hearing procedures set forth in Section 67-6509, Idaho State Code, North Channel Center, represented by Wayne Stollfus, spokesman for the owner, Dennis Baker, came before the Eagle Planning and Zoning Commission for the City of Eagle, Idaho, requesting consideration for a rezone from M1 to C1. Based on the application, testimony from the applicant and all interested parties and, together with all documentary evidence submitted concerning the application, the Eagle Planning and Zoning Commission finds the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. 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 relevant public entities. 2. The application includes 2.16 acres at 725 South Eagle Road. The parcel has existing C1 zoning to the north and south, R5 to the west and A across Eagle Road. 3. There was no written testimony and no one gave oral testimony during the hearing. RESPONSES RECEIVED FROM ENTITIES: CENTRAL DISTRICT HEALTH: none ADA COUNTY ASSESSOR: none EAGLE FIRE DEPT.: none EAGLE WATER CO.: none EAGLE SEWER DIST. 9/7/94, Lynn Sedlacek; "Eagle Sewer District's function is to provide for the collection, treatment, and disposal of sewage and wastewater. Future use of our property may be consistent with this function." WRITTEN COMMENTS: none The standards used in evaluating the application are in the following sections of the Eagle City Code and Comprehensive Plan: ZONING DISTRICTS 8-2-1: Districts established R Residential Districts: to provide regulations and districts for various residential neighborhoods. Density in an R District shall be determined according to the numeral following the R. The number designates the maximum number of dwelling units per acre. Centralized water and sewer facilities are required in all districts exceeding one dwelling unit per acre. 8-2-3: Schedule of District Use Regulations: district regulations shall be as set forth in the Official Schedule of District Regulations and in the performance standards. 8-7-2: Zoning Permits and certificates of occupancy A. Zoning Permit 1. Application 2. Plan 3. Approval 4. Expiration 5. Occupancy of permit EAGLE COMPREHENSIVE PLAN LAND USE: Commercial--Suitable primarily for the development of a wide range of commercial activities including offices, retail and service establishments. COMMUNITY DESIGN: (#7) New residential, commercial, and industrial development shall be required to meet minimum design standards as specified by City ordinances. COMMUNITY DESIGN: Comply with the Eagle Tree Plan RECOMMENDATION Based upon the foregoing findings of facts the Eagle Planning and Zoning Commission recommends that the application be approved as the application is compatible with the surrounding property, zones and land uses, and conforms to the Eagle Comprehensive Plan and Land Use Map in the area defined by the application. ADOPTED by the Eagle Planning and Zoning Commission of the City of Eagle, Idaho. This 17 day of October , 1994. APPROVED: ATTEST: KEN SMITH, CHAIRMAN EAGLE PLANNING AND ZONING COMMISSION MARY BERENT, CITY PLANNER CITY OF EAGLE THE FINDINGS OF FACT AND CONCLUSIONS OF LAW, and recommendation regarding North Channel Center/Dennis Baker application for a rezone from M1 to C1 before Eagle Planning and zoning Commission on October 17, 1994, are hereby adopted by the Eagle City Council. DATED this 22 day of November, 1994. AP~:W Steve Guerber, MaYðr City of Eagle Attest: 6v~4 Planner