Findings - PZ - 1990 - No App Number - Annexation Of Areas 1-8 (No Map Included)
CITY OF EAGLE
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IN THE MATTER OF THE
ANNEXATION OF CERTAIN
PROPERTIES KNOWN AS THE
CITY OF EAGLE ANNEXATIONS
1990
FINDINGS OF FACT
AND CONCLUSIONS
OF LAW
On December 18, 1989, before the Eagle Planning and Zoning
Commission, and on January 23, 1990, before the Eagle City
Council, hearings were held to consider the annexation of certain
properties described by Exhibit "A" attached. On March 19, 1990,
before the Eagle Planning and Zoning Commission, and on March 27,
1990, before the Eagle City Council hearings were held to
determine the zoning classifications of such properties. On May
21, 1990 before Eagle Planning and Zoning Commission, and on May
22, 1990 before Eagle City Council hearings were continued to
formulate zoning for the designated areas.
Based upon the oral and written evidence submitted at the
hearings before it and the recommendation of the Eagle Planning
and zoning Commission, the Eagle City Council issues the
following Finds of Fact and Conclusions of Law.
FINDINGS OF FACT:
1.
2.
The Eagle City Council initiated a proposal to annex certain
areas of the Eagle Impact area, and for those areas to be
included in the boundaries of the City of Eagle with
appropriate zoning classifications.
All zoning classifications are described by Exhibit "Bh
attached, and are hereinafter collectively referred to as
the CITY OF EAGLE ANNEXATIONS, 1990 and are more
particularly described in Ordinance 164 on file in the
office of the Eagle City Clerk.
3.
On December 18, 1989, a public hearing on the annexation of
said properties was held before the Planning and Zoning
Commission. Fifteen days prior to such hearing, notice of
the hearing was published in the official newspaper of the
City and mailed to all property owners within 300 feet of
the external boundaries of each area of the proposed
annexable area hereby known as areas 1 through 8, designated
on exhibit "A" attached. testimony in support of and in
opposition to the annexation of said properties was
presented at the hearing. Based upon the evidence before
it, the Planning and zoning Commission recommended
annexation to the Eagle City Council.
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4.
5.
On January 23, 1990, a public hearing on the annexation of
the CITY OF EAGLE ANNEXATIONS, 1990, areas was held before
the City Council. Fifteen days prior to such hearing,
notice of the hearing was published in the official
newspaper of the City and mailed to all property owners
within 300 feet of the external boundaries of the area 1
through 8 areas. testimony in support of and testimony in
opposition to the annexation of said areas was presented at
the hearing. The evidence indicated that the annexation of
said areas will be beneficial to both the property owners
and the City.
On March 19, 1990, a public hearing was held before the
Planning and Zoning Commission on the zoning designations
for the CITY OF EAGLE ANNEXATIONS, 1990. Fifteen days prior
to the hearing, notice of the hearing was published in the
official newspaper giving the zoning designations by a map
(Exhibit nAn) outlining the areas 1 through 8 and the
proposed designed zoning for each area. The evidence
presented at the hearing was in support of the zoning
designations and no testimony in opposition was presented.
Based upon such evidence and the City's Comprehensive Plan,
the Planning and zoning Commission recommended zoning for
areas 1 though 8.
6.
On March 27, 1990, a public hearing was held before the City
Council on the zoning designations for the CITY OF EAGLE
ANNEXATIONS, 1990 areas. Fifteen days prior
to the hearing, notice of the hearing was published in the
official newspaper giving the zoning designations by a map
(Exhibit nAn) outlining the areas 1 through 8 and the
proposed designed zoning for each area. The evidence
presented at the hearing was in support of the zoning
designations and no testimony in opposition was presented.
The evidence presented shows the recommended zoning
designations to be appropriate for the existing and proposed
uses of said areas. Such designations are compatible with
the existing zoning district and the area and the future
development of the areas as set forth in the comprehensive
Plan.
7 .
The areas as a single geographical unit are contiguous or
adjacent to the City of Eagle and are within its area of
impac t .
8.
Annexation of areas 1 through 8 will promote the orderly
development of the City.
CONCLUSIONS OF LAW:
1.
all notice and hearing requirements established by Idaho
Code Section 67-6511 and Eagle City code Section 8-7-5 for
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the annexation and zoning of the CITY OF EAGLE ANNEXATIONS,
1990 areas have been satisfied.
2.
The criteria for annexation set forth in Idaho code Section
50-222, Eagle City Code Section 1-10-2 are satisfied in that
all are contiguous to the City and are necessary for the
orderly development of the City.
3.
the requirements et forth in Eagle City code Section 8-8-2
that annexed areas lie within the City's area of impact is
satisfied.
4.
the annexation is reasonable because of inclusion of the
areas within the city will be beneficial to both the City
and such areas.
5.
the zoning designations recommended by the Planning and
zoning Commission are reasonable and are in accordance with
the provision of the Comprehensive Plan and Title 8 of the
Eagle City code.
ORDER:
Based upon the foregoing, the City Council approves the
annexation of the CITY OF EAGLE ANNEXATION, 1990, and the zoning
of them as described in exhibit nBn.
DATED this
day of September, 1990.
CITY OF EAGLE
BY:
MAYOR STEVE GUERBER
ATTEST:
BY:
BARBARA MONTGOMERY
EAGLE CITY CLERK
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