Findings - PZ - 1992 - Rezone - Rezone From Cbd To R5/150 & 162 Park Rd.
CITY OF EAGLE
IN THE MATTER OF
TAYLOR, AN APPLICATION
FOR A REZONE
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)
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FINDINGS OF FACT
AND CONCLUSIONS OF
LAW
On May 18, 1992, pursuant to public notice and hearing procedures
set forth in Section 67-6509, Idaho State Code, and Section 8,
Eagle City Code, Bill Taylor, applicant and representative of Hazel
and Norman Hurlbert, and Les Cullen, applied for a rezone from CBO
(Central Business District) to R5 (Residential,S units per acre).
Mr. Taylor submitted a statement to the Eagle Planning and Zoning
Commissioners stating the property is in a residential subdivision,
it would seem appropriate that the zoning on this property be
changed to residential. The location of the proposed rezone is 150
Park Rd. and 162 Park Rd. This application is being heard before
the Eagle Planning and Zoning Commission for the City of Eagle,
Idaho, to request consideration for said rezone.
Based on testimony from the applicant and all interested parties,
together with all documentary evidence submitted concerning the
application, the Eagle Planning and Zoning Commission finds the
following:
1.
FINDINGS OF FACT AND CONCLUSIONS OF LAW:
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 pq~lic and private entities with responses to the
proposal being ,received in the City Clerk's office from those
entities, including Eagle Sewer District, Eagle Fire District,
Central District Health, and Ada County Highway District. The
City was advised by said entities that subject to certain
conditions there was no objection to the establishment of the
proposed rezone;
2.
On May 18, 1992 public hearing proceedings were conduc~ed by
the Eagle Planning and Zoning Commission. Testimony was
received by Cliff VanHorn objecting to the rezone. The
meeting was continued until June 1, 1992 in order to continue
review of the rezone and to give Mr. VanHorn the opportunity
to submit documents supporting his objections to the City
Clerk;
3.
On June 1, 1992 the hearing continued, no counter testimony
was offered. The Eagle Planning and Zoning Commission
recommends approval of the rezone as presented.
4.
The standards used in evaluating the application are in the
following sections of the Eagle City Code and Comprehensive
Plan:
8-2-1:
DISTRICTS ESTABLISHED, PURPOSES AND RESTRICTIONS:
5.
6.
8-2-3: OFFICIAL SCHEDULE OF DISTRICT REGULATIONS:
8-7-5: AMENDMENTS
COMPREHENSIVE PLAN: Purpose and Scope (h) to ensure that
the development of land is commensurate with the physical
characteristics of the land
The Commission concludes that the application for a rezone is
consistent with the intent and purpose of title 8 of the Eagle
City Code and that the proposed rezone advances the public
wel fare and that the proposed land use presented and the
interrelationship with the land uses in the surrounding area
justify the granting of a rezone;
The Commission concludes that there is adequate evidence
showing that a rezone at the proposed location satisfies the
general standards for an amendment to the zoning text and
zoning map of the City of Eagle set forth in Section 8-7-5-E
(1 and 2) of the Eagle City Code. Specifically, that the use
will be harmonious with and in accordance with the general
objectives of the Comprehensive Plan and Title 8 and that the
rezone, if the conditions attached to this approval are met,
any development on said property will be adequately served by
essential public facilities and services.
7.
The application submitted by Bill Taylor for a rezone from
(CBD) to (R5) is in accordance with the Comprehensive Plan and
the requested_rezone serves the welfare of the general public
and public int~rest;
8.
The 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 the Eagle Planning
and Zoning Commission concludes that the recommendation to
Council for the applicant's request for a rezone should be
granted.
ADOPTED by the Eagle Planning and Zoning Commissb~.~J the City of
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Attest:g *i~,..,.,~.r-,~~~~-, . "..':~
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Barbara~)19Þ'tgpÎnerý', ::
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This
15
day of
~/
June
APPROVED:
LLOYD GERBER
CHAIRMAN
\
.,
FINDINGS OF FACTS AND CONCLUSIONS OF LAW
D. W. TAYLOR, REZONE,
EAGLE CITY COUNCIL
THE FINDS OF FACT AND CONCLUSIONS OF LAW and recommendation
regarding the Rezone application submitted by Bill Taylor,
applicant and representative of Hazel and Norman Hurlbert and Les
Cullen adopted by the Eagle Planning and Zoning Commission on June
15, 1992 are hereby adopted by the Eagle City Council.
THIS
21
day of
July
, 1992.
AP~OVTI: '\
t
q"",^ O??Ur\ ~
MAYOR ~'GUEiSERu - ~