Findings - CC - 2010 - RZ-12-09 - Rezone To R1 From Public / Semipublic 0.87 Acre At E Hill Rd & Dicky Drive 0 rT
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A REZONE FROM PS(PUBLIC/SEMIPUBLIC) )
TO R-1 (RESIDENTIAL UP TO ONE UNIT PER )
ACRE MAXIMUM)FOR CHRISTY RADCLIFFE )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-12-09
The above-entitled rezone application came before the Eagle City Council for their action on February 23,
2010. The Eagle City Council having heard and taken oral and written testimony, and having duly
considered the matter,makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Christy Radcliffe, represented by Shawn Nickel, with YP, LLC, is requesting approval of
a rezone from PS (Public/Semipublic)to R-1 (Residential up to one(1)unit per acre). The
0.87-acre(37,897 square foot) site is generally located at the northeast corner of the
intersection of East Hill Road and Dicky Drive.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 6:00 PM, October 13, 2009, in compliance
with the application submittal requirement of Eagle City Code. The application for this
item was received by the City of Eagle on October 20, 2009.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and the Eagle City Code on November 16, 2009. Notice of this public
hearing was mailed to property owners within three-hundred feet (300-feet) of the subject
property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and
Eagle City Code on November 16, 2009. The site was posted in accordance with the Eagle
City Code on November 27, 2009. Requests for agencies' reviews were transmitted on
October 21, 2009 in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on February 1, 2010. Notice of this public hearing was mailed to property owners
within three-hundred feet (300-feet) of the subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on January 26,
2010. The site was posted in accordance with the Eagle City Code on February 12, 2010.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 14, 1997, the Eagle City Council approved a Zoning Ordinance Amendment,
which in part recognized this site to be changed from an R-1 (Residential up to one (1)
unit per acre)to a PS (Public/Semipublic) zoning designation(ZOA-5-97).
On October 14, 1997, the Eagle City Council adopted Ordinance #298, which in part
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On October 14, 1997, the Eagle City Council adopted Ordinance #298, which in part
changed the zoning designation of this site from R-1 (Residential up to one (1) unit per
acre)to PS (Public/Semipublic).
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Public/Semi-Public PS (Public/Semipublic) Vacant parcel
Proposed No change R-1 (Residential—up to one Construct a single-family
(1) dwelling unit per acre dwelling
maximum)
North of site Residential Three(up to R-1 (Residential—up to one Residential (Evans No. 3
three(3) dwelling units (1)dwelling unit per acre Subdivision)
per acre maximum) maximum)
South of site Public/Semi-Public and PS (Public/Semipublic) Chaumont Subdivision No.
Residential Four(up to 1 (common lot)
four(4)dwelling units per
acre maximum)
East of site Public/Semi-Public PS (Public/Semipublic) Stephen C. Guerber Park
(City of Eagle)
West of site Residential Three (up to R-1 (Residential—up to one Single-family residence
three(3) dwelling units (1)dwelling unit per acre
per acre maximum) maximum)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 0.87-acres(37,897 square feet)
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See justification letter date stamped by the City on October 20, 2009, provided by the
applicant(attached to the staff report).
J. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Sewer and water lines are located adjacent to the site within Dickey Drive.
K. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
L. NON-CONFORMING USES:None are apparent on the site.
M. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report. Comments which appear to be of special concern are noted below:
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Ada County Highway District — Provided site specific conditions of approval the District may
require when it reviews a future development application
Central District Health—No objections to the proposal
Chevron Pipeline—No conflicts with the pipeline
Department of Environmental Quality—No comment
Eagle Fire Department—No opposition to the rezone application
Idaho Transportation Department—No comment
N. LETTERS FROM THE PUBLIC:
Merlene Mulnix stated in an email, date stamped by the City on November 23, 2009, that
she is opposed to the application since it will ruin the entrance to Dickey Drive and the
park.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• The Comprehensive Plan Land Use Map(adopted 08-25-09)designates this site as:
Public/Semi-Public
Suitable primarily for the development of such uses as golf courses, parks, recreation facilities,
greenways, schools, cemeteries, and public service facilities such as government offices.
Support activities may also be permitted.
All development within this land use is encouraged to be designed to accommodate the
different needs, interests, and age levels of residents in matters concerning both recreation and
civil activities.
The public/semi public land use designation is not a residential land use designation. When a
project or development is designed that contains or is adjacent to land holding a public/semi
public land use this land will not be included when calculating the allowable residential
density. Projects that hold a residential designation that want to provide amenities similar to
those allowed in the public/semi public designation may transfer density within the
development only when using the standards established in the Planned Unit Development as
defined in the comprehensive plan.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-2-1 Districts Established, Purposes and Restrictions:
R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential
neighborhoods. Gross density in an R district shall be determined according to the numeral
following the R. The numeral designates the maximum number of dwelling units per acre.
Multi-family and two-family units/developments are prohibited in R-1, R-2, R-3, R-4 and R-5
zoning districts, unless approved as part of a planned unit development (PUD). Centralized
water and sewer facilities are required for all subdivision and lot split applications submitted
after the effective date hereof in all districts exceeding one dwelling unit per two (2) acres (R-
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E). Whenever there is a conflict or difference between the provisions of this section and those
of other chapters and/or other titles, the chapter or title with the more restrictive provision shall
prevail.
8-2-3: OFFICIAL SCHEDULE OF DISTRICT REGULATIONS
District regulations shall be as set forth in the official schedule of district regulations, in the
performance standards in chapter 3 of this title, and as otherwise provided within this code. The
official schedule of district regulations is divided into five(5) land use groups: agricultural, residential,
commercial, industrial, and public/semipublic. To determine in which district a specific use is allowed:
A. Find the use in one of the land use groups;
B. Read across the chart until either "P" or"C" appears in one of the columns; and(Ord. 298, 10-14-
1997)
C. If"P" appears,the use is an allowed use; if"C" appears,the use is only allowed upon the issuance
of a conditional use permit and/or a development agreement upon rezone to an MU or BP zoning
designation; if no letter appears the use is prohibited.
The administrator shall interpret the appropriate district for land uses not specifically mentioned by
determining the district in which similar uses are permitted. If the administrator determines that a
proposed use is not specifically mentioned and is not similar to any specifically mentioned use the
administrator shall determine that the use is prohibited. When several combined land uses exist, or are
proposed,the most intensive land use shall be considered as the primary activity.
LAND USES DISTRICTS
A A-R R-E R L-O C-A C-1 C-2 C-3 CBD M-1 BP M-2 M-3 S MU
AGRICULTURAL
Agricultural and forest P
Dairy farm C
Farm P P
Farmer's markets (outdoor) P P P I P
Feedlot and stockyard C C
Horticulture(general) P P P P I P P I P
Horticulture(limited) P P P P P P P I P
Roadside stand (temporary P P P P P P P P P
structure)
Turf and/or tree farm P C I _
Vineyard P C
RESIDENTIAL
Apartment C C C C
Boarding or lodging house C C C C
or dormitory
Home occupation P P P P P I P I P
Mobile home(single unit) C C
(primary residence)
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Mobile home(single unit) C C C C
(temporary living quarters) C
Mobile home court(RV) C C C
Mobile home park C C
Multi-family dwelling P C C C C
Planned unit development C I C C C C C C C C C C C
Single-family dwelling P P I P P C I C C
Two-family dwelling P C _ C C
COMMERCIAL
Adult business C
Airport P
Ambulance services C P C C C
Animal shows or sales P C C P P _ C P C
Artist studios I P P P P
Arts and crafts shows C P P P C
Auction facility C C P C P
Automotive body shop P P P C P
Automotive gas station or
fuel islands C P P
Automotive gas station/ P P
service shop
Automotive, mobile home,
travel trailer, and/or farm C P P C P
implement sales
Automotive repair P P P C
Automotive storage I I I I I I I I C P
Automotive washing facility I I I I C P I P P I C I C
Bakery plant(wholesale) P C P
Banks/financial institutions
(no drive up service) P P P l P P
Banks/financial institutions C P C C P
(with drive up service) _
Bar 1 C C C C IC
Beauty/barber shop C C C P P P P P I I P
Bed and breakfast facility C C C C C C I C
Building supply outlet C I C P I C P I
Cabinet shop P P I I P I C P I C
Catering service P P P I I P
Cemetery C C C C C C C C C C C
Childcare Daycare center C C C C C C C C C C
Family P P P P C C P I P
Group C Cl C C C I C C C I C I C
Christmas tree sales P P P P P I P P P I P P
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Church C C C C 1 P P P P P P
Circuses and carnivals C P _ P I P C
Clinic p
Club or lodge P P P P P
Commercial entertainment C C P P P C
facilities (indoor)
Commercial entertainment C C P P P C
facilities (outdoor)
Communication facilities I C C P P P P I P C
Convenience store with
fuel service C P P
Convenience store with no C C C C P P P P P
fuel service
Detention facilities C
Drive in theater I I I I I I C C I I C C C
Drugstore I I I I C I I C P P P P
Electronic sales, service, or p P P P P P
repair shop
Emergency health care I _ C I P C C I _ C I P
Emergency services CC P P P F P FP
Equipment rental and sales C C P C C C
yard
Flex space P P P P
Food and beverage sales C P P P P P
Hardware store P P P
Health clubs, spas,weight C P P P P P
reduction salons
Heliports I I P
Home and business p P P P P P P
services
Hospital C C P P C C C
Hotel I I I P P I P C
Institution I I C C
Kennel C I C I C I C I C C C C I I I I C
Laboratories I - I P P I P P P P I C
Laundromat C I P P P P P I I C
Laundry(with drive up C P P P C
service)
Laundry(with no drive up C 1 P P P P P
service)
Live entertainment events C C I C P C P C
Massage spa I I I I C CHIC C I I C
IMobile office I I I ICICI ICIC C ICICI ICI
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Mortuary C C C C
Motel P P P C
Nonprofit rehabilitation C C
center
Nursery, plant materials P C C C P I P H P P I P C
Nursing/convalescent C C C C C C C C
home
Office, business and P P P P P C P
professional
Parking lot, parking garage P PP C PPP P P
Parking lot, parking
garage, commercial C PPP C PC C
Pawnshops (auto) C C
Pawnshops (general) C C
Personal improvement I P _ P I P P P I I P
Personal services P P P P P P
Personal wireless facilities C C PPP PP P PPP PPP
(height-35 feet or less)
Personal wireless facilities C C CCCCC CCC CC
(height-over 35 feet)
Photographic studio P P P P P P
Printing and/or blueprinting P _ PPP P P P
Professional activities P 1 P P P P P
Restaurant(drive in) P P
Restaurant(no drive thru) C C P P P P P
Restaurant(with drive thru) P P
Retail sales (general) _ C C P P P C
Retail sales (limited) P P P P P C
Retail sales(pharmacies C P P P P P
and medical)
Riding academies/stables P C C I I C
Shop, contractors(and/or
yard) C P P C P
Shopping center C C C P C
Shopping mall C C P
Sign shop, including p P P C P C
painting
Small engine repair
(mower, chainsaws, etc.) C P P P C C
Storage(enclosed building) 1 P P P P P C P P C
Storage(fenced area) C C C C C C C P P C
Street fair P P P P
1
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Tire shop, including P P P C
recapping
Trade fair P P C
Travel services P P P P P P
Truck stop C P C C
Upholstery shop P P P P C C C
Vet clinic(animal hospital) C C C P P P P P
Welding, tool shop C P P C P
Woodworking shop P P P P C P I I C
INDUSTRIAL
Asphalt plant P P
Automotive wrecking yard C C
or salvage
Beverage bottling plant C C P
Billboard manufacture C C P
Cement or clay products
manufacturing P P
Chemical storage and C
manufacturing
Concrete batch plant I P P
Dairy products processing I C P C P P
Food processing plant C P
Fuel yard _ I P
Grain storage C P
Ice manufacture, cold
storage C C P
Industry
Custom P P I P C
Limited P P I P C
Research and development I P C
Junkyard C C
Lumberyard, retail I C P
Machine shop _ P P P C P
Manufacturing,furniture P C P
Mobile home P
manufacturing
Monument works, stone C C P
Petroleum storage I C C
Planing mill P
Public utility yard _ C C C P
Railroad yard or shop C C P
Recycling operation I C
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Rendering plant I C
Research activities P C
Sand or gravel yard C P
Sanitary landfill C C
Stockyard, slaughterhouse;
meatpacking
Terminal yard, trucking I C P
Truck and equipment repair C C C C P
and sales(heavy)
Warehousing,wholesaling P C P
plant
Wood processing plant I I I I I P
PUBLIC/SEMIPUBLIC
Golf course and related C C C C C P P P P P C
services
Government building, P P P P P P P P P
offices
Library C I C P I P P I P I P C
Museum I C I C P I P P P I I I I P I C
Park and recreation C C C C C C C P P C
facilities
Portable classroom I I I I I P
Public service facilities I CI C I C ICI C I C I C I C I C C C I C I C I C C I C
School, public or private CH C ICI C C I C C C I P C
C. DISCUSSION:
• The Eagle Comprehensive Plan Land Use Map designates this site as Public/Semi-Public.
Public/Semi-Public lands are described in the Comprehensive Plan as suitable primarily
for the development of such uses as golf courses, parks, recreation facilities, greenways,
schools, cemeteries, and public service facilities such as government offices. This
designation also allows for support activities of the aforementioned uses. The definition of
the Public/Semi-Public goes on to state that this designation is not a residential land use
designation.
• This site was rezoned as part of a City initiated Zoning Ordinance Amendment on October
14, 1997 (ZOA-5-97). This privately owned site was adjacent to an area which at the time
was an abandoned Ada County Highway District gravel pit, and has since been developed
into a City park (Stephen C. Guerber Park). During the hearing process for the Zoning
Ordinance Amendment it was recommended and subsequently approved to change the
zoning of this site and the abandoned gravel pit from R-1 (Residential up to one (1) unit
per acre) to a PS (Public/Semipublic) zone based on public testimony and the
Comprehensive Plan Land Use Map designation of Public/Semi-Public. The uses that are
permitted within the PS (Public/Semipublic) zoning designation (as specifically indicated
in the chart above) include the following: golf course and related services, government
buildings or offices, library, museums, park and recreation facilities, portable classroom,
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school (public or private), parking lot or garage, emergency services, personal wireless
facility not to exceed thirty-five feet (35') in height or a vet clinic (animal hospital).
Ambulance services, emergency health care or personal wireless facilities exceeding
thirty-five feet (35') feet in height may be permitted upon approval of a conditional use
permit. The applicant's request to rezone the property to the previous R-1 (Residential up
to one (1) unit per acre) zoning designation would allow a land use (eg. single family
dwelling)that is compatible with the adjacent residential properties; the applicant
proposes to construct one construct single-family dwelling on the site. A single
family dwelling in this location would arguably be less of an impact on the residents in the
immediate area than the aforementioned non-residential uses. Staff recommends that the
site be rezoned to the original R-1 (Residential up to one (1) unit per acre) and that the
City initiate a Comprehensive Plan Map Amendment during the next Comprehensive Plan
Map Amendment cycle to include this site into the Residential One (up to one (1)
dwelling unit per acre maximum) land use designation which is similar to the Residential
Three designation to the north and to the west.
• With regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council",
and based upon the information provided to staff to date, staff believes that the proposed
rezone is in accordance with the City of Eagle Comprehensive Plan and established goals
and objectives because:
a. Although the requested zoning designation R-1 (Residential up to one(1)unit per acre
maximum) is different than the Public/Semi-Public designation shown on the
Comprehensive Plan Land Use Map, the proposed rezone of the property to R-1 will
accommodate a single family dwelling which is customarily known to be less
intensive than many of the uses permitted within the PS zone;
b. The information provided from the agencies having jurisdiction over the public
facilities needed for this site indicate that adequate public facilities exist to serve any
and all uses allowed on this property under the proposed zone;
c. The proposed R-1 (Residential up to one (1) unit per acre maximum) zone and land
use is compatible with the PS (Pubic/Semipublic) zone and land use to the east since
that area has already been developed as a City park(Stephen C. Guerber Park);
d. The proposed R-1 (Residential up to one (1) unit per acre maximum) zone is
compatible with the R-1 (Residential up to one (1) unit per acre maximum) zoning
designation and land uses to the north and west since those areas are developed
(Evans No. 3 Subdivision) or could be developed in the same manner at a later date;
e. The proposed R-1 (Residential up to one (1) unit per acre maximum) zone is
compatible with the PS (Public/Semipublic) zone and land use to the south since this
area is an unimproved (without any structures), detached common lot located adjacent
to Hill Road;
f. The land proposed for rezone is not located within a"Hazard Area" or"Special Area"
as described within the Comprehensive Plan; and
g. No non-conforming uses are expected to be created with this rezone.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date staff recommends approval of the requested
rezone.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
December 7, 2009, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one(other than the applicant/representative).
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by two (2) individuals who indicated that the reason the property was previously rezoned to PS
(Public/Semipublic) was to preserve the land for a park since this area was identified in the
comprehensive plan to be park space. They indicated that the property would be better suited to remain
with a public designation than to have a residential home located on the property. The individuals also
stated concerns as to whether or not a residential home could be located on the site due to the irregular
shape of the site. The individuals also indicated the proposed zone does not comply with the
comprehensive plan or perhaps since the city park is completed the vision of the comprehensive plan
has been achieved.
D. Oral testimony neither in favor nor in opposition was presented to the Planning and Zoning
Commission by two (2) individuals who were concerned with the amount of metal which was placed
within the fill that was allegedly utilized to construct Dickey Drive as part of Evans Acres Subdivision.
They were also concerned with the stability of the subject site since it is part of the filled area created
during the construction of Dickey Drive. They were also concerned with how sewer and potable water
will be provided to this site.
COMMISSION DECISION:
The Commission voted 3-0 (Aizpitarte and Smith absent) to recommend approval of RZ-12-09 for
a rezone from PS (Public/Semipublic) to R-1 (Residential up to one unit per acre maximum) for
Christy Radcliffe as shown within their Findings of Fact and Conclusions of Law document, dated
January 19, 2010.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on February 23, 2010, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in favor of this proposal was presented to the City Council by no one (other than the
applicant/representative).
C. Oral testimony in opposition to the application was presented to the City Council by one(1) individual
who indicated that rezoning the property to allow a residential dwelling would impede the integrity of
the park. The individual also indicated that if the applicant decided to not move forward with the
construction of a residential dwelling the city should purchase the property to include it with the
adjacent park.
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-12-09 for a rezone from PS (Public/Semipublic)to R-1
(Residential one unit per acre maximum)for Christy Radcliffe.
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CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held on site at 6:00 PM, October 13, 2009, in compliance with the
application submittal requirement of Eagle City Code. The application for this item was received by
the City of Eagle on October 20, 2009.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on November 16, 2009. Notice of this public hearing was mailed to property owners within
three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on November 16, 2009. The site was posted in
accordance with the Eagle City Code on November 27, 2009. Requests for agencies' reviews were
transmitted on October 21, 2009 in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on February 1,
2010. Notice of this public hearing was mailed to property owners within three-hundred feet (300-
feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code
and Eagle City Code on January 26, 2010. The site was posted in accordance with the Eagle City Code
on February 12, 2010.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-12-09) in
terms Eagle City Code Section 8-7-5 (F) (1) "Action by the Commission and Council" and has made
the following conclusions with regard to the proposed rezone:
a. Although the requested zoning designation R-1 (Residential up to one (1) unit per acre
maximum) is different than the Public/Semi-Public designation shown on the Comprehensive
Plan Land Use Map, the proposed rezone of the property to R-1 will accommodate one (1)
single family dwelling unit which is less intensive than many of the uses permitted within the
PS zone;
b. The information provided from the agencies having jurisdiction over the public facilities
needed for this site indicate that adequate public facilities exist to serve any and all uses
allowed on this property under the proposed zone;
c. The proposed R-1 (Residential up to one (1) unit per acre maximum) zone and land use is
compatible with the PS (Pubic/Semipublic) zone and land use to the east since that area has
already been developed as a City park(Stephen C. Guerber Park);
d. The proposed R-1 (Residential one (1)unit per acre maximum) zone is compatible with the R-
1 (Residential up to one (1) unit per acre maximum) zoning designation and land uses to the
north and west since those areas are developed (Evans No. 3 Subdivision) or could be
developed in the same manner at a later date;
e. The proposed R-1 (Residential up to one (1) unit per acre maximum) zone is compatible with
the PS (Public/Semipublic) zone and land use to the south since this area is an unimproved
(without any structures), detached common lot located adjacent to Hill Road;
f. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan; and
g. No non-conforming uses are expected to be created with this rezone.
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DATED this 9th day of March, 2010.
CITY COUNCIL
OF THE CITY OF EAGLE
Ad ounty, Idaho
Phi)Bandy, Mayor
ATTEST:
-e6-0-4-C441--(7/1 .• of E A GI
Sharon K. Bergmann, Eagle City itlerk 4s.� '•••••RA '••
. Owe O T�
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TE oF;
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