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Findings - PZ - 1991 - Rezone - Rezone From R5 To C2 CITY OF EAGLE IN THE MATTER OF Claudette Young AN APPLICATION FOR A REZONE ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW On September 16, 1991, pursuant to public notice and hearing procedures set forth in Section 67-6509, Idaho State Code, and Section 8, Eagle City Code, Ron Sitzlar, representative of the applicant, Claudette Young, came before the Eagle Planning and Zoning for the City of Eagle, Idaho, requesting approval of a rezone from an R5 District to a C2 District. (Commercial) 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: 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 relevant public entities, including Central District Health, Eagle Sewer District, Eagle Water Co., Eagle Fire Dept., Idaho Power, and Ada Highway District. The City was advised by said entities that there was no objection to the applicant's request for a rezone. 2. The applicant would like to establish facilities for senior citizens which would include living quarters, living quarters for the owner, a restaurant, swimming pool, a kitchen unit and gift shop. These facilities would begin as phase 1 in the front portion of the property and continue into the back area. There is a proposal for a RV Park to be included in the rear area of the lot. 2. On September 16, 1991, a public hearing was conducted by the Eagle Planning and Zoning Commission. Testimony was presented by neighborhood property owners. A petition was submitted prior to the public hearing from property owners protesting the land use and zone change. There was also received a letter of protest from a land owner within the 300 Ft. perimeter. There were also those property owners attending the public hearing in opposition to the proposal. 3. Concerns of the public were as follows: a rezone would devaluate the property, commercial would not be desirable in that location and it would increase traffic and noise. The standards used in evaluating the application are in the following sections of the Eagle City Code: 8-2-3: Official Schedule of District Regulations: 8-7-2: Zoning Permits and certificates of Occupancy, the and Comprehensive Plan. The application submitted by Claudette Young for a rezone to a commercial district does not serve the welfare of the general public and is not in the best public interest. The granting of the application will violate the Idaho Code and nullifies the interests and purposes of the Eagle City Code and Eagle Comprehensive Plan. RECOMMENDATION Based upon the foregoing FINDINGS OF FACTS, the Eagle Planning and Zoning Commission recommends to the Council the application be denied based on violations of the aforementioned sections of Eagle City Code and Eagle Comprehensive Plan. ADOPTED by the Eagle Planning and Zon1i9nComm1ss1on of the City of Eagle, Idaho this 7 day of ();;:r;M~ . , .1991. APPROVED: " , ,4 . " . ~: .. '. ,~,,> ,;. .." .:. "';¡¡;'ilC"":"\"";:~';~~