Findings - PZ - 1995 - Rezone - Rezone From A To C2
CITY OF EAGLE
IN THE MATTER OF
JOHN M. AND GERI BURGESS
AN APPLICATION
FOR A REZONE
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FINDINGS OF FACT
AND CONCLUSIONS OF LAW
On August 7,1995 and August 21,1995 pursuant to public notice and
hearing procedures set forth in Section 67-6509, Idaho State Code,
Ron Sitzlar and Vicky Mîholchick representing the applicants, John
and Geri Burgess, came before the Planning and zoning Commission
for the City of Eagle, Idaho, requesting consideration for a rezone
from A to C2.
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:
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.
2.
The Planning and Zoning Commission heard this application on
August 7, and August 21, 1995. Mr. Sitzlar gave testimony
regarding the application. He said there may be an
application for a landscape nursery in the future, perhaps as
long as five years, but there are no plans now. The applicant
is aware that a landscape nursery is a permitted use without
a rezone, but he may want to add some additional retail uses.
3.
There was no public testimony.
RESPONSES RECEIVED FROM
ENTITIES:
Responses from Entities:
Eagle Fire Protection District:
6/15/95, No objection.
Central District Health: 6/23/95, "Before we can comment
concerning individual sewage disposal, we will require more data
concerning the depth of high seasonal ground water. If this land
is proposed to be developed, we encourage central sewer. If on-
site septic will be used, groundwater monitoring will be necessary.
EAGLE COMPREHENSIVE PLAN
LAND USE: Existinq Land Use Desiqnation is Medium Density
Residential--Suitable primarily for single family residential
development within an urbanized setting. Appropriate residential
densities are 4 dwelling units of fewer per gross acre.
Policies & Goals:
3. The design of the Commercial Zones, consisting largely of
government, commercial, manufacturing areas, and community
buildings shall conform to City Ordinances.
4. Floodways shall be reserved as a natural state such as a
greenbelt, wildlife habitat, open space recreational area and for
agricultural uses.
5. The City design review ordinance shall set forth criteria for
building design, landscaping, signage and other aesthetic
standards. Development along State Street within the Impact Area
and outside the City Limits shall be encouraged to comply with the
Design Review Ordinance.
7. New residential, commercial, and industrial development shall
be required to meet minimum design standards as specified by City
ordinances.
COMMUNITY DESIGN:
Comply with the Eagle Tree Plan
CONCLUSION
The Eagle Planning and Zoning Commission finds that a rezone
with no specific plan and no development agreement would not
be in the best interest of the City. It is not in agreement
with the Eagle Comprehensive Plan in the area of Land Use
Designation.
RECOMMENDATION
Based upon the foregoing findings of facts, the Eagle City
Council recommends that the application be denied.
Planning and Zoning Commission of the City of