Findings - PZ - 1991 - Avante Annexation - Annex/Zoning To R-5 Patterson Subd Lots 1,2,3,4,5
CITY OF EAGLE
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On November 5, 1990, pursuant to public notice and hearing
procedures set forth in Section 67-6509 and 67-6525, Idaho State
Code, and Title 50 public hearings were held to consider the
annexation and zoning of certain properties known as Patterson
Subdivision, Lots 1,2,3,4, and 5, by property owner Tony Hickey,
et aI, before the Eagle Planning and Zoning Commission. The
petition for annexation and zoning was denied at that time based
on the request from the owner for a R5 zoning designation,
believed, by the Commission, to be too high a density. On
December 12, 1990 and on March 12, 1991, the application came
before the Eagle City Council. Hearings were held to determine
annexation of said properties, and zoning classifications of said
properties.
IN THE MATTER OF THE
ANNEXATION OF CERTAIN
PROPERTIES DOWN AS THE
AVANTE ANNEXATION AND ZONING
1991
FINDINGS OF FACT
AND CONCLUSIONS
OF LAW
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 issued the
following Finds of Fact and Conclusions of Law.
FINDINGS OF FACT:
1.
2.
The applicant, Tony Hicks initiated a proposal to annex
certain areas of the Eagla Impact area, and for those areas
to be included in the boundaries of the City of Eagle with
appropriate zoning classifications.
The records in this matter indicate all notices, and
publications has occurred as required by law. The records
further reflect notice of the public hearings were sent to
relevant public entities, including Central District health,
Eagle Sewer district, Ada County Highway District, Eagle
Water Co, Eagle Fire Dept, Idaho Power, and Ada County
Development Services among others. The City was advised by
said entities that subject to certain conditions there was
no objection to the annexation and zoning proposal.
3.
On March 12, 1991, a public hearing on the annexation of
said properties was held before the Eagle City Council.
Testimony was presented by neighborhood property owners that
the proposed annexation and zoning leading to development
may impact the schools, traffic conditions and high water
table in the region.
4.
The applicant testified that questions regarding those
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questions regarding the concerns of the public would be
addressed at the time of submission of a subdivision plat.
5.
The area to be annexed is bordered on the North by R1, on
the South by C2 and R5, on the West by A and R5 and the East
by the Eagle Impact Area.
The Criteria for annexation set forth in Idaho Code Section
50-222, Eagle City Code, Section 1-10-2 and 8-8-2 are
satisfied in that all are contiguous to the City and are
necessary for the orderly development of the City.
Requirements used in evaluating the application in Title 67
and 50, Idaho State Code are satisfied, the zoning
designation, R5, recommended by the Planning and Zoning
Commission to be to high is hereby reduced to R4, which is
reasonable and are in accordance with the provision of the
Comprehensive Plan.
6.
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The Eagle City Council concluded that the application for
annexation and zoning is consistent with the intent and
purpose of the Idaho State Code and Title 8 of the Eagle
City Code and that the proposed annexation and zoning
advances the public welfare and that the combination of
various land used presented and their interrelationship with
the land uses in the surrounding area justify annexation
and zoning to the City of Eagle.
The application submitted by Tony Hickey, et aI, for
annexation and zoning is in accordance with the Eagle
Comprehensive Plan and serves the welfare of the general
public and is in the public. interest.
8.
9.
The granting of the application for annexation and zoning
will not violate the Idaho Code nor nullify the interests
or purposes of the Eagle City Code or Eagle Comprehensive
Plan.
RECOMMENDATION
Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF
LAW, The Eagle City Council approves the application before it by
Tony Hickey, et aI, for annexation, denies the R5 zoning
designation, but designates a R4 zoning classification.
Based upon the foregoing, the City Council approves the
annexation and zoning designation of R4.
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DATED this 26 day of
:::y ~~
MAYOR STEVE GUERBER
March, 1991.
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