Findings - PZ - 1993 - rezone from R16 to R21 - Rezone From R16 To R21
CITY OF EAGLE
IN THE MATTER OF
FIRST SERVICE GROUP
AN APPLICATION
FOR A REZONE
FINDINGS OF FACT
AND CONCLUSIONS OF
LAW
On February 22, 1993, pursuant to public notice and hearing
procedures set forth in Section 67-6509, Idaho State Code, John
Browning, the applicant, came before the Eagle Planning and Zoning
Commission for the City of Eagle, Idaho, requesting consideration
for a rezone from R16 to R21.
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:
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
relevant public entities, including Central District Health,
Eagle Sewer District, Meridian School District, Eagle Water
Co., Eagle Fire Dept., Idaho Power, and Ada County
Development. Responses from those entities were favorable.
2.
The records reflect granting of a rezoning from R5 to R16 and
a variance granted, under the file name of Lyle Pope on
December 11, 1990. The rezone and variance request was, in
part, Lot 5 of Schmelzer Subdivision. The variances granted
were: set back variances from 25 foot set backs to 10 foot set
backs in the rear on the East side of the property, and from
20 foot set backs to 7 1/2 on the East and West of the long
lot.
3.
On February 22, 1993 a public hearing was conducted by the
Eagle Planning and Zoning Commission. There was no public
testimony.
4.
The development is bordered to the north by Eagle Food Town
market, the South by a Triplex zoned R16, to the East by a
Four plex also zoned R16 and to the West by R5 (single family
dwellings) .
5.
The standards used in evaluating the application are in the
following sections of the Eagle City Code and Comprehensive
FINDINGS OF FACTS AND CONCLUSIONS OF LAW
First Service Group-John Browning
EAGLE CITY COUNCIL
On March 23, 1993 pursuant to public notice and hearing procedures
set forth in Section 67-6509, Idaho State Code, and Title 9, Eagle
City Code, John Browning, owner and developer of the property came
before the Eagle City Council for the City of Eagle, Idaho,
requesting approval of a application rezone from R16 to R21 for the
purpose of building a 4 plex unit on the property formerly known
as the" Pope property".
Based on the application, testimony from the applicant and all
interested parties and, together with all documentary evidence
submitted concerning the application, the Eagle City Council finds
the following:
THE FINDINGS OF FACT AND CONCLUSIONS OF LAW and recommendation
regarding the application submitted by John Browning for the First
Service Group, adopted by the Eagle Planning and Zoning Commission
on February 22, 1993 are hereby adopted by the Eagle City Council
with the following modifications:
1. to approve the rezone from R16 to R21 with the condition there
be initiated a development agreement between the City and
developer, and to comply with those items initiated by Lyle Pope in
the original application granting the rezone and variances. The
Council will need the record researched but believe those
conditions include the following:
1. the buildings will be one level
2. parking spaces will be paved.
3. the project will be fenced
4. there will be no parking in the alley
5. there will be a picnic area and a barbecue pit in the back
6. landscaping will be incorporated in the design as shown in the
plan.
3/30/93:
Research of tapes and file determined the following:
1. Landscaping, per drawing in application, will be included in
the project. A picnic area would be developed with a barbecue
area. The fencing would be wood 2X6 post w/ 2X4 stringers with a
gate in the back.
THIS ~ day of April
qfyved I) D
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MAYOR OF EAGLE
, 1993.
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Plan:
ZONING DISTRICTS
8-2-1: Districts established
R Residential Districts: to provide regulations and
districts for various residential neighborhoods. Density
in an R District shall be determined according to the
numeral following the R. The number designates the
maximum number of dwelling units per acre. Centralized
water and sewer facilities are required in all district
exceeding one dwelling unit per acre.
8-2-3: Schedule of District use Regulations: district regulations
shall be as set forth in the Official Schedule of District
Regulations and in the performance standards.
8-7-2:
Zoning Permits and certificates of occupancy
A. Zoning Permit
1. Application
2. Plan
3. Approval
4. Expiration of permit
5. Occupancy
EAGLE COMPREHENSIVE
PLAN
LAND USE: Residential uses- I. The residential densities in the
City limits shall not exceed twenty five (25) units per acre.
6.
The granting of a rezone and variance will not violate the
Idaho Code nor nullify the interest or purpose of the Eagle
City Code, or Eagle Comprehensive Plan.
7 .
Based upon the foregoing findings of facts the Eagle Planning
and Zoning Commission recommends that the application be
granted subject to the requirements of the variances
previously obtained in the Lyle Pope application of 12/11/90.
ADOPTED by the Eagle Planning and Zoning Commission of the City of
Eagle, Idaho.
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~\
This
1
day of
March
, 1993.
APPROVED:
\
\
KEN SMITH, CHAIRMAN
EAGLE PLANNING AND ZONING
COMMISSION