Findings - CC - 1994 - Annex/Zoning - Annexation & Zone Designation Of R4
CITY OF EAGLE
COUNCIL
IN THE HATTER OF
AN APPLICATION BY
Bruce and Kimberly
Patterson. Sharon and
Stacia
AN APPLICATION FOR
ANNEXATION AND ZONING
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FINDINGS OF FACTS
AND CONCLUSIONS OF LAW
On March 22,1994, Pursuant to public notice and hearing procedures
set forth in Section 67-6509, Idaho State Code, William Belnap,
Attorney for the applicant, came before the City Council for the
City of Eagle, Idaho, requesting approval for annexation to the
City of Eagle and a request for a zoning designation of R4.
Based on testimony from the applicant and all interested parties,
together with all documentary evidence submitted concerning the
application, the Eagle City Council finds the following:
FINDINGS OF FACT AND CONCLUSIONS OF LAW:
1.
On December 20, and February 7, 1994, a public hearing was
conducted by the Eagle Planning and Zoning Commission.
Testimony in opposition to the application was heard. The
Commission recommended to Council denial of the application
based on the following:
1.
2.
There are no services to support the application.
The actual size of the property in relation to the split
of the property by the new SH55 is unclear.
There is no benefit to the City of Eagle to annex.
It is not in harmony and consistent with the existing land
uses in the area.
3.
4.
2.
On March 22,1994, a public hearing was conducted by the Eagle
City Council. Testimony in opposition was presented by
neighborhood property owners. There were concerns about
density and comprehensive plan conflicts.
3.
The records in this matter indicate all notices, and
publications have occurred as required by law. The records
further reflect notice of the public hearing was sent to the
appropriate public and private entities with responses to the
proposal being received in the City Clerk's office from those
entities. Those responses are as follows:
RESPONSES RECEIVED FROM
ENTITIES:
12/13/93: Eagle Sewer Dist: The sewer district has not been
contacted regarding this matter. This area is within the district
but not annexed. There are no sewer lines in the area. The
property could possibly be served via Great Sky Estates or
extending the line on Hill Rd.
12/15/93: ITD: The ITD records show the property is owned by Edna
Patterson. She may have deeded a portion of the property to Bruce
and Kimberly. They have no objections to the annexation as 10ng as
the proposed state highway 55 corridor is preserved and all parties
realize that there will not be any access points (driveways,
approaches, etc) allowed on state highway 55. No access will be
allowed on Hill Rd. from Station 16+00 to station 20+00 (400 ft
from SH 55 on Hill Rd. east of SH 55 the first and only access
point will be at station 22+82. (plat enclosed)
EAGLE FIRE DIST: 12/20/93: There is no opposition but the District
questions if the lot size is large enough to provide separation
from neighboring homes and buildings?
ACHD: 12/30/93: The 2000 Urban Functional Street classification
Map designates Hill Rd. as a major collector roadway. The District
requires a minimum of 90 ft of right-of-way on major collectors in
an urban impact area, width sufficient for 5 traffic lanes, 5 ft
sidewalks, and bicycle pathways. The ultimate right-of-way will be
acquired as development is occurring. District policy
restrict/prohibits direct lot access to collectors.
The State Highway route is to be reconstructed along a new
alignment that will split this parcel as shown on the submitted
vicinity map. ITD will not allow access to the highway for this
parcel and access to Hill Rd. will not be allowed for 400 ft. from
the intersection. ITD staff has indicated that the right-of-way
for the future roadway may not be purchased for up to 4 months and
the portion of the parcel to the east of the new road will become
an uneconomic remnant (undevelopable).
SITE SPECIFIC REQUIREMENTS:
1. Dedicate 45 ft of right-of-way from the centerline of Hill Rd.
abutting the parcel. The owner will be compensated for this from
available impact fee revenues in this benefit zone.
2.
The District will restrict access to Hill Rd.
3. Provide a deposit to the public Rights-of Way Trust Fund at the
District for the required street improvements on Hill Rd. abutting
parcel.
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EAGLE BUILDING INSPECTOR: 1/26/94: At this time there is an
existing house on the property and there has been a foundation
poured for a manufactured home. The County has placed a Stop Work
order due to the fact no permit was issued for the foundation. The
access to the foundation is from a gravel road to the west of the
existing house. There has been some survey work done in this area
as evidenced by the stakes on the property. I would want to know
if this survey is for road construction or for subdividing
purposes. Because of the foundation having been done without a
permit, and not knowing if this has been resolved with the County
Building Dept., I would suggest this not be approved until such
time the City is assured of the intentions of the property owners.
CENTRAL DISTRICT HEALTH: A sewage permit shall be obtained prior
to construction of a sewage system.
4.
Written responses in opposition were received by Gary and
Betty Olson.
5.
The property being considered for annexation is bordered to
the north by Ml (manufacturing) to the south, east and west by
residential areas.
6. The standards used in evaluating the application are in the
following sections of the Eagle City Code and Comprehensive Plan.
With respect to the review of the annexation and zoning.
ANNEXATION
IDAHO STATE CODE:
50-222: ANNEXATION OF ADJACENT TERRITORY--In any annexation of
adjacent territory, the annexation shall include all potions of
highways lying wholly or partially within the annexed area.
67-6525: PLAN AND ZONING ORDINANCE CHANGES UPON ANNEXATION OF
UNINCORPORATED AREA
67-6509: NOTICE PROCEDURES
EAGLE CITY CODE:
1-10-2:
ANNEXATIONS: Whenever any land lying contiguous or
adjacent to the City shall be or shall have been laid off
into blocks containing not more than 5 acres of land in
each when lawfully subdivided 0 platted or not; or
whenever any person has sold or begun to sell such
contiguous or adjacent lands in tracts not exceeding 5
acres; or whenever he owner or his agent on such
contiguous and adjacent lands hall request annexation in
writing to the Council, the City Council, by ordinance,
may declare the same, by proper legal description, a part
of the City; provided, that a showing must be made that
the area to be annexed can reasonably be used for orderly
development of the City and not connected to the City
only by a shoestring or strip of land upon a public
highway.
TITLE 8-Z0NING
8-7-6:
8-8-2:
ZONING UPON ANNEXATION
ANNEXATION TO OCCUR ONLY IN AREA OF CITY IMPACT
The standards used in ev~iluating the application are in the
following sections of the Eagle City Code and Comprehensive Plan:
ZONING DISTRICTS
8-2-1: Districts established
R Residential Districts: to provide regulations and
districts for various residential neighborhoods. Density
in an R District shall be determined according to the
numeral following the R. The number designates the
maximum number of dwelling units per acre. Centralized
water and sewer facilities are required in all district
exceeding one dwelling unit per acre.
8-2-3: Schedule of District use Regulations: district regulations
shall be as set forth in the Official Schedule of District
Regulations and in the performance standards.
8-7-2:
Zoning Permits and certificates of occupancy
A. Zoning Permit
1. Application
2. Plan
3. Approval
4. Expiration
5. Occupancy
of permit
EAGLE COMPREHENSIVE PLAN
LAND USE: Residential uses- I. The residential densities in the
City limits shall not exceed the land use designations as reflected
on the Land Use Designation Map, adopted with the 1993 Eagle
Comprehensive Plan on May 11, 1993.
COMMUNITY DESIGN: (#4) Floodways shall be reserved as a natural
state such as a greenbelt, wildlife habitat, open space
recreational area and for agricultural uses
COMMUNITY DESIGN: (#7) New residential, commercial, and industrial
development shall be required to meet minimum design standards as
specified by City ordinances.
COMMUNITY DESIGN:
Comply with the Eagle Tree Plan
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CONCLUSION
The Eagle City Council concludes that the application for
annexation and zoning (R4), is consistent with the intent and
purpose of the Idaho State Code, 1993 Eagle Comprehensive Plan and
Eagle City Codes, specifically IC 50-222, 67-6525, 67-6519, City
Code 1-10-2, and Title 8-2-1 establishing zoning districts. The
zoning designation is in accordance with the Eagle Comprehensive
Plan and serves the welfare of the general public, and is in the
public interest.
The proposal is appropriate and follows the orderly development of
the City and protects the health, safety and welfare of the new
1993 comprehensive plan.
Granting of the application will not violate the Idaho Code nor
nullify the interests or purposes of the Eagle City Code or Eagle
Comprehensive Plan.
Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF LAW,
the Eagle City Council concludes that the application for
annexation and a zoning designation of residential, 4 units per
acre (R4), be approved.
ADOPTED by the Eagle City Council of the City of Eagle
this
12
day of
April
, 1994.
~~ved:r-
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