Findings - CC - 2016 - annexation/zoning - Quail Ridge Farm Annex/Zone R2 130.50 Acres
BEFORE THE CITY COUNCIL
OF THE
CITY OF EAGLE, IDAHO
In the matter of an )
application by )
Roger Crandlemire )
for annexation and)
zoning )
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
This matter having come before the City Council of the City of
Eagle, Idaho, on May 12, for public hearing pursuant to public
notice as required by law, continued the hearing to May 26, 1992 in
order to review the application and again continued the hearing
until August 11, 1992, at the applicants request. The application
for annexation, zoning classification of R2, by the owner of the
property, Roger C. Crandlemire is represented by Ed Thomas; the
City Council having heard testimony from interested parties and
being fully advised in the matter, now make the following:
2.
FINDING OF FACT
1.
The City of Eagle has a duly adopted Comprehensive Plan,
adopted January, 1978, and revised March, 1990.
The property owner is Roger Crandlemire dba Quail Ridge Farm
is hereinafter referred to as the "Applicant" and is
represented by Ed Thomas.
The applicant of the property made application to the Zoning
Administrator for: (1) annexation of the property into the
corporate limits of the City of Eagle; and (2) an R2 zoning
classification for the property;
At all public meetings referenced herein, all interested
persons were given the opportunity to be heard.
The surrounding land use in the immediate area of the property
is residential and agricultural.
The present use of the property is Agricultural-Residential.
The propose future use of the approximately 130.50 acres is a
residential subdivision.
Notice of the City Council hearing of May 12, 1992, was
properly published in the official newspaper and was properly
mailed to all persons who own property within 300 ft of the
external boundaries of the property.
Upon these applications, the following organizations and
agencies, among others, were notified for their comments: Ada
County Highway District, Eagle Sewer District, Central
District Health, Meridian School District, Ada County
Development Services, Meridian School District and Eagle Fire
District;
The City was advised by these entities that, subject to
certain conditions, there were no objections to the annexation
and zoning of the property.
At the May 12,1992 public hearing portion of the City Council
meeting, testimony was presented by neighborhood property
3.
4.
5.
6.
7.
8.
9.
10.
11.
12,
13.
14.
15.
owners that the proposed annexation may have an adverse impact
upon surrounding property owners quality of water, overuse of
wells, density, saturation of ground and drainage problems,
school over crowding, and congestion of traffic. The public
also requested consideration of a moratorium on growth until
a study of the area was done.
The property is within the City of Eagle Impact Area and the
Urban Service Planning Area.
Idaho Code Section 50-222; 67-67-6525; and the City of Eagle
Code 1-10-2; 2-1-5E; 8-7-6, and 8-8-2 govern annexation of
property into the corporate limits of the City of Eagle.
The Eagle Planning and Zoning Commission conducted public
hearings; after property notice, and made a decision, all as
required under state and local law, concerning the annexation,
zoning and preliminary plat approval of the property.
Idaho Code Section 67-6501 through 67-6537 and the City of
Eagle Code Title 8 governs the zoning of property annexed by
the City of Eagle.
In making its decision regarding the Applicants application,
the City Council reviewed the application with due
consideration to:
A.
Providing orderly development of the City according
to the Comprehensive Plan;
Promoting public health, safety, and general
welfare,
Protecting property rights and enhancing property
values;
Ensuring that adequate 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;
Protection of life and property in areas subject to
natural hazards and disasters;
Protecting fish, wildlife,
resources;
Avoiding undue water and air pollution; and
To allow School Districts to participate in
community planning.
B.
C.
D.
E.
F.
G.
H.
1.
J.
K
L.
M.
and
recreation
N.
O.
Based on the foregoing Findings of fact, the City Council hereby
makes the following:
A.
Conclusions of Law
1.
A zoning classification of R2 for the property upon which the
predominant use is now agricultural is premature.
2.
A zoning classification of AR is more appropriate at this
time, with the understanding that prior to residential
development a rezone would be considered.
The zoning classification of AR is compatible with the use and
zoning of the surrounding area.
All requirements necessary to meet the statutory requirements
of annexing the property with AR zoning have been complied
with.
Statutory due process, notice and hearing requirements, as
contained in the Idaho Code and City of Eagle Code, were
satisfied.
3.
4.
5.
Based upon the foregoing Findings of Facts and Conclusions of Law,
the Eagle City Council hereby enters the following:
Decision
IT IS THE DECISION OF THE EAGLE CITY COUNCIL TO:
B.
Approve the application for annexation of the property into
the corporate limits of the City of Eagle;
Approve the zoning AR (Agricultural-Residential);
C.
The decision is based upon the annexation, proposed use and
zoning are consistent with the Comprehensive Plan, state law
and City of Eagle Ordinances;
D.
All application as approved herein is in the best interest of
the public health, safety and welfare of the City of Eagle and
its residents and property therein.
DATED THIS
day of
, 1992.
Attest:
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MontgT~.' EAgle' ,,:C~;~ Clerk
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Barbara