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Findings - PZ - 2016 - Rezone from A to C2 - Establish Office In Existing Building On Site CITY OF EAGLE IN THE MATTE~ OF TOWNE, AN APPLICATION FOR A REZONE ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW On April 15, 1991, pursuant to public notice and hearing procedures set forth in Section 67-6509, Idaho State Code, and Section 8, Eagle City Code, John Towne, applied for a rezone from "A" Agricultural to "C2" Commercial, for the purpose of establishing an office in an existing building on site, to be heard before the Eagle Planning and Zoning Commission for the City of Eagle, Idaho, requesting 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: 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 the appropriate public 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 sid entities that subject to certain conditions there was no objection to the establishment of the proposed rezone; 2. On April 15, 1991 public hearing proceedings were conducted by the Eagle Planning and zoning Commission. Testimony received was favorable, receiving no objections to the proposed rezone; 3. The proposed location for the rezone is bordered to the E by a C2 District, the W by an A District, the N by an A District and to the S by C2 District; 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: C2-Neighborhood Business District: "to permit the establishment of convenience business uses which lend to meet the daily needs of the residents of an immediate neighborhood. Such districts are typically appropriate for small shopping clusters or integrated shopping centers located within residential 5. 6. 7. 8. neighborhoods" 8-2-3: OFFICIAL SCHEDULE OF DISTRICT REGULATIONS: "offices" permitted in C2 areas 8-7-5: AMENDMENTS COMPREHENSIVE PLAN: Community Design, Commercial Development and Community Facility Uses & Economic Development 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 welfare 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. The application submitted by John Towne for a rezone from (A) Agricultural to (C2) Commercial is in accordance with the Comprehensive Plan and the requested rezone serves the welfare of the general public and public interest; 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. Provisions regarding development: 1. The owner shall comply with all requirements of the Idaho State Transportation District and/or Ada County Highway District; 2. No ditch, pipe or structure for irrigation or drainage water or irrigation waste water shall be obstructed, routed, covered or changed in any way unless such obstruction rerouting covering or changing has first been approved in writing the ditch or drainage district officer in charge. A copy of such written approval by said officer shall be filed with the City Clerk prior to said change; 3. Any development on said property shall meet the requirements of approval of sewer and water facilities; 4. Any development on said property shall comply with all of the Eagle City Code sections regulating commercial districts including but not exclusive to the following sections: 1. 8-3-4: COMMERCIAL AND INDUSTRIAL USES RESTRICTED 8-4-2: PARKING 2. 3. 8-4-5: PARKING SPACES 4. 5. 8-2A (1-11) DESIGN REVIEW DISTRICT REQUIREMENTS 7-1A (1-3) BUILDING REGULATIONS On May 14, 1991, pursuant to public notice and hearing procedures set forth in Section 67-6509, Idaho State Code, and Section 8, Eagle City Code, John Towne, the applicant came before the Eagle City Council for consideration of a rezone. Based upon the foregoing findings of facts recommended by the Eagle Planning Commission, the Eagle City Council concludes that the applicant's request for a rezone should be granted. ADOPTED by the Eagle City Council, City of Eagle, Idaho. This 28 day of AP~aM STEVE GUERBER MAYOR May , 1991. .' 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