Findings - CC - 2016 - Zoning - Raymond Dowding-Dowding Gravel Co/Id Sand Gravel
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF )
EAGLE LAND COMPANY-PRIME EARTH)
AND MYRON STAHL AND KATHREN )
STAHL, TRUSTEES, AND RAYMOND)
DOWDING-DOWDING GRAVEL CO., )
IDAHO SAND AND GRAVEL )
A ZONING APPLICATION)
FINDINGS OF FACT
AND CONCLUSIONS OF
LAW
This matter having come before the Planning and zoning Commission
of the City of Eagle, Idaho, On July 15, August 5, and September
16, 1991, for public hearing pursuant to public notice as
required by law, the application for the zoning of Tract 1
(legal description attached as Exhibit A) by Eagle land Company
(Prime earth), Applicant, and the application for zoning of Tract
2 (legal description attached as Exhibit B) by Myron Stahl and
Kathren R. Stahl, Trustees, and Raymond Dowding (Dowding Gravel
Co., Idaho Sand and Gravel Co.), Applicants, in the vicinity of
Hill Road and Highway 55; the Planning and zoning Commission
having heard testimony from interested parties and being fully
advised in the matter, recommended to the Eagle City Council
the following:
2.
to deny the zoning requests of the Applicant for M3 zoning
for Tract 1 and Tract 2, and further recommend the zoning
classification of Tract 1 and Tract 2 as an R5 zoning
designation.
the recommendation of the Planning and zoning Commission is
based upon the following facts:
A. it is adjacent to residential zoning;
B. 'it is a logical use;
C. if grandfather rights exist, the operation can continue
until the need is gone, at which time property zoning
will be already in place; and
D. for safety and health protection for residential areas.
1.
3. R5 zoning for Tract 1 and Tract 2 is consistent with the
Comprehensive Plan and is compatible with the use and zoning of
the neighboring area.
This matter having come before the Eagle City Council of the City
of Eagle, Idaho, on October 22, November 12, November 26,
December 3 and December 10, 1991, for public hearing pursuant to
public notice as required by law, the application for the zoning
of Tract 1 by Eagle Land Company (Prime Earth), Applicant, and
the application for zoning of Tract 2 by Myron and Kathren R.
Stahl, trustees, and Raymond Dowding (Dowding Gravel Co., Idaho
Sand and Gravel Co.), Applicants, in the vicinity of Hill Road
and Highway 55; the City Council having heard testimony from
interested parties and being fully advised in the matter, now
makes the following:
1.
2.
FINDING OF FACT
The property owner of Tract 1 is:
known as Prime Earth
Eagle Land Co., also
The property owners of Tract 2 are: Myron and Kathren
Stahl, Trustees, and Raymond Dowding, also known as Dowding
Gravel Co., Idaho Sand and Gravel Co.
The property owners of Tract 1 and Tract 2 are hereinafter
referred to as the "Applicants".
The Applicants made applications to the zoning Administrator
for an M3 zoning classification for Tracts 1 and 2, more
fully described in the attached Exhibits A and B,
respectively.
3.
Tracts 1 and 2 were annexed by the City of Eagle at the
request of the Applicants on June 12, 1990 pursuant to
Ordinance No. 163. The Applicants requested that said
properties be annexed subject to the condition of the
properties being zoned M3.
4.
As part of the zoning procedure, notice and hearings are
required by state statutes and under City Code. The City of
Eagle gave notices and conducted publ~c hearings according
to the Applicants' zoning applications requesting M3 zoning
and subsequently zoned the properties M3. Applicant Prime
Earth then commenced gravel extraction operations.
5.
On January 21, 1991, by petition, several residential
property owners who owned property within 300 feet of the
external boundaries of Tract 1 and Tract 2, notified the
City that they had not received the written notice as
required by law. Said property owners indicated that their
properties were injured by the gravel extraction operations.
6.
The failure to provide proper notice to the surrounding
property owners was due to an incomplete list given to the
City by the Applicants pursuant to the Applicants'
responsibilities under City of Eagle Code Section 8-7-5(C).
The City of Eagle has a duly adopted Comprehensive Plan,
adopted January, 1978, and revised March, 1990.
7 .
8.
Due to the defective notice of the earlier hearings, the
Planning and Zoning Commission conducted another set of
public hearings regarding the Applicants' zoning
applications. The Planning and Zoning Commission held its
first public hearing on July 15, 1991, at the City of Eagle
City Hall building.
9.
Notice of the Planning and Zoning Commission hearing of July
10.
11.
12.
15, 1991 was published in the official newspaper and mailed
to all persons who own property within 300 feet of the
external boundaries of Tracts 1 and 2, all as required by
law.
Upon these applications for zoning, the following
organizations and agencies were notified for their comments:
Ada County Assessor, Ada County Engineer, Ada County
Highway District, Eagle Sewer District, Idaho State
Transportation District, Eagle Water Co, and Ada County
Development Services. No Adverse comments were received.
At the October 22, 1991 public hearing portion of the Eagle
City Council meeting, members of the community spoke in
opposition to the Applicants' zoning application. There
concerns were:
1.
2.
3.
4.
5.
health and safety problems
inadequate bonding
decrease in property values
noise pollution
inappropriate location for gravel
extraction
Two representatives of the Applicants spoke in favor of the
M3 zoning. The basis of their argument was to enable the
Applicants to continue their gravel extraction operation.
The Eagle City Council continued the hearing regarding the
zoning applications to November 12, 1991, the date of the
next regularly scheduled City Council meeting, in order to
deliberate the issue in order to reach a decision.
13.
At the November 12, 1991, City Council meeting a decision
was handed down to zone Tract 1 and Tract 2 M2 with
conditions of approval. Those conditions would be
presented at the regularly scheduled City Council meeting on
November 26, 1991.
14.
On November 26, 1991, the issue was continued for further
discussion regarding conditions. A special Council workshop
was scheduled for December 3, 1991, in order for the
Council and Applicants to deliberate said conditions to be
placed on Tract 1 and Tract 2 in order to zone the parcels
M2 with a Conditional Use Permit.
15.
The Eagle City Council met in special session on December 3,
1991 to discuss the conditions for the M2 zoning and
Conditional Use Permit for Tract 1 and Tract 2.
16.
The proposed conditions derived from the December 3, 1991
meeting, are to be presented at the regularly scheduled
meeting of Eagle City Council on December 10, 1991.
17.
The proposed Conditional Use Permit conditions are as
follows:
1.
Compliance with Eagle City Code, Section 8-3-5 (K):
Unique Land Uses;
Compliance with Eagle City Code, Section 8-2A-3:
Design Review Overlay District;
Reclamation Plan Conditions;
Hours of operation limitations;
Limited areas of extraction;
Construction of a berm;
Allow the continued use of Tract 1 and Tract 2 as
gravel pits;
Observance of all applicable Eagle City Codes, State
and Federal Codes regarding air and water pollution and
erosion;
Locked gates with required fencing around the perimeter
of the property;
Surrounding property owners be accountable in case of
trespassing.
2.
3.
4.
5.
6.
7 .
8,
9.
10.
The Eagle City Council met in regular session on December
10, 1991, the proposed conditions discussed at the December
3, 1991 meeting were presented. The proposed conditions
were adopted by the Council with a correction in number 6,
which should read "along the inhabited areas of the Prime
Earth properties, the W~9~ south side", and to include as
condition ill, "Any future housing developments adjacent to
the gravel pits will include berming, which will be the
responsibility of the developer, not Prime Earth or Idaho
Sand and Gravel".
18.
At all public meetings all interested persons were given
the opportunity to be heard.
19.
The surrounding land uses in the immediate area of these
properties are a State of Idaho gravel operation, vacant
land, and residential housing. The surrounding land is
zoned R5, C3 or is unzoned by the City.
20.
The present use of Tract 1 and Tract 2 is for gravel
extraction. The proposed future use of the land, at the
conclusion of the gravel extraction, is residential
subdivisions.
21.
The Comprehensive Plan provides, as policies and goals for
industrial uses with in the City of Eagle, that:
A.
Factors such as public services and environmental and
social impacts, shall be considered before approval is
given to industrial proposals.
Industrial development shall be limited to light
industry and technical parks.
Industrial development shall adhere to State and
B.
C.
22.
23.
D,
Federal laws with respect to air and water quality.
Industrial proposals that may overburden public
service and facilities causing increased public
expenditures shall not be approved unless the industry
directly pays its proportionate costs of related
services.
The Comprehensive Plan has not been amended pursuant to
these zoning applications.
In making its decision regarding the Applicants' zoning
requests, the Eagle city Council reviewed these
applications, with due consideration to:
A.
B.
C.
providing orderly development of the City;
promoting public health, safety, and general welfare;
protecting property rights and enhancing property
values;
ensuring that adequate public facilities and services
are provided to the people at reasonable costs;
ensuring compatibility with the surrounding
neighborhoods;
ensuring that the economy of the State and localities is
protected and enhanced;
ensuring that the important environmental features of
the State and localities are protected and enhanced;
encouraging the protection of prime agricultural,
forestry, and mining lands for production of food,
fibre, and minerals;
encouraging urban and urban type development within the
incorporated City;
avoiding undue concentration of population and
overcrowding of land;
ensuring that the development on land is commensurate
with the physical characteristics of the land;
protecting life and property in areas subject to natural
hazards and disasters;
protecting fish, wildlife, and recreation resources; and
avoiding undue water and air pollution.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
Based on the foregoing Findings of Fact, the Eagle City Council
hereby makes the following:
1.
2.
CONCLUSIONS OF LAW
The earlier action taken by the City on the Applicants' M3
zoning requests is void, because written notice to all
persons who owned property within 300 feet of the exterior
boundaries of Tract 1 and Tract 2 was not given due to a
defective list of property owners given to the City by the
applicants.
Tract 1 and Tract 2 come into the City as unzoned land.
3.
Statutory due process, as contained in the Idaho Code and
City of Eagle Code, has been satisfied.
4.
A zoning classification of M3 for Tract 1 and Tract 2 is
not compatible with the use and zoning of the surrounding
area.
5.
A zoning classification of R5, as recommended by Eagle
Planning and zoning Commission, is not compatible with the
present use of Tract 1 and 2, and lacks control that
granting manufacturing zoning with a Conditional Use Permit
provides.
Based upon the foregoing Findings of Fact and Conclusions of Law,
the City of Eagle Council hereby enters the following:
DECISION
It is the decision of the Eagle City Council to deny the zoning
request of the Applicants' for M3 zoning for Tract 1 and Tract 2.
Further, to disregard the Eagle Planning and zoning Commissions
recommendation for R5 zoning for Tract 1 and 2.
The Eagle City Council grants M2 zoning with a Conditional Use
Permit for said Tracts with the afore mentioned conditions.
DATED this
14
day of
January, 1992.
CITY OF EAGLE
A?I:'~
MAYOR STEVE GUERBER
Attest:
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