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Findings - CC - 1990 - - Rezone CITY OF EAGLE EAGLE CITY COUNCIL In the Matter of: ) ) CHARLES AND JOANNE LOBDELL) Rezone) FINDINGS OF FACTS & CONCLUSIONS OF LAW On February 27, 1990, pursuant to public notice and hearing procedures set forth in Section 67-6509 of the Idaho Code, this matter came before the Eagle City Council of the City of Eagle, Idaho, a public hearing upon tpe request of JoAnne Lobdell for a rezone of the property located on the W. side of Eagle Road, off Mace Road directly E. of Eagle Island State Park. The application was for consideration of a rezone of property from A, Agricultural to R-5 Residential in order to establish a future site for a subdivision. The property 41 acres. Based on testimony from the applicant and interested parties together with all documentary evidence submitted concerning the application, the Eagle City Council finds the following: FINDINGS OF FACT: 1. The records in this matter indicate all notices, public hearings, and publications have occurred as required by law. The records further reflect notice of the proposed change appropriate to the public and private entities with responses having been received from those entities; 2. The proposed rezone is in conflict with the Eagle Comprehensive Plan of 1989, and does not meet the standards set forth in Title 9, of, the Eagle City Code; 3. Property is entirely in the flood plain/floodway zone. CONCLUSIONS OF LAW: 1. On February 27, 1990 public hearing proceedings were conducted with Eagle Planning and Zoning. The Commission recommended denial of this application to the Eagle City Council. 2. Based on the Findings of Eag]e Planning and Zoning, the Eagle City Council denied the application based on the following: PAGE 20 of the Eagle Comprehensive Plan ~all new subdivisions, with densities of more than 3 single family dwelling units per 5 aces shall be required to be connected to a central sewer system and central water facility". FINDINGS OF FACT/LOBDELL PAGE 2 TITLE 9, Chapter 1, Section 3 of the Eagle City Code, "avoidance of the scattered subdivision of land that would result in the lack of water or sewer service". Application denied, at this time, with a recommendation to the applicant to re-apply if and when development is eminent. DATED this 13 day of March, 1990. Attest: Approved: STEVE GUERBER, MAYOR Barbara Montgomery City Clerk