Findings - PZ - 1991 - Rezone - Rezone From A To C2
CITY OF EAGLE
IN THE MATTER OF
TOWNE, AN APPLICATION
FOR A REZONE
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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:
'3.
4.
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 re~one;
The proposed location for the rezone is bordered to the E
by a C2 District, the W by an A District, the N by a A
District and to the S by C2 District;
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.
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. Specifically, that the
use will be harmonious with and in accordance with the
general objectives of the Comprehensive Plan and Title 8 and L
that the rezone, if the conditions attached to this ~~I~
approval are met, any development on said property will be
adequately served by essential public facilities and
services; and that the vehicular approaches to the property
shall be so designed as not to create an interference with
traffic on State Highway 44;
7 .
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;
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.
1.
CONDITIONS ~
v Þt1 f
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
2.
3.
8-4-2: PARKING
8-4-5: PARKING SPACES
4.
8-2A (1-11) DESIGN REVIEW DISTRICT REQUIREMENTS
7-1A (1-3) BUILDING REGULATIONS
5.
ADOPTED by the Eagle Planning and Zoning Commission of the City
of Eagle, Idaho.
This
6
day of
May
, 1991.
~~
HOMAS R. EAS , JR
CHAIRMAN, EAGLE PLANNING
AND ZONING COMMISSION
L
BARBARA MON.,G..
CITY CLERK:~I-,
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