Findings - PZ - 1991 - Rezone - Rezone From R5 To C2
CITY OF EAGLE
IN THE MATTER OF
Claudette Young
AN APPLICATION FOR A
REZONE
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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:
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