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Findings - CC - 2015 - RZ-10-15/PP-07-15 - Rz From Mu-Da In Lieu Of Pud Include Height Exception/Eagle Lakes SubdBEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION ) FOR A REZONE WITH A DEVELOPMENT ) AGREEMENT IN LIEU OF A PUD AND ) PRELIMINARY PLAT FOR EAGLE LAKES ) SUBDIVISION FOR PACIFIC .PARTNERS ) RESIDENTIAL ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ -10 -15 AND PP -07 -15 The above - entitled rezone with development agreement in lieu of a PUD and preliminary plat applications came before the Eagle City Council for their action on October 27, 2015. The City Council, having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Pacific Partners Residential, represented by Kasey Ketterling with T -O Engineers, Inc., is requesting a rezone from MU (Mixed Use) to MU -DA (Mixed Use with a development agreement in lieu of a PUD, including a height exception) and preliminary plat approvals for Eagle Lakes Subdivision, a 301 -unit, 80 -lot (51- single - family, 6- multi - family [consisting of 250- units], 12- commercial, 10- common, and 1- private street) subdivision. The 75 -acre site is generally located on the south side of State Highway 44, approximately 1,129 -feet west of the intersection of State Highway 55 and State Highway 44. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held on -site at 6:00 PM, on Thursday, May 21, 2015, in compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on June 12, 2015. A revised preliminary plat was provided on September 2, 2015. C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on August 31, 2015. Notice of this public hearing was mailed to property owners within three - hundred feet (300 -feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on August 26, 2015. Requests for agencies' reviews were transmitted on June 24, 2015, in accordance with the requirements of the Eagle City Code. The site was posted in accordance with Eagle City Code on September 9, 2015. Notice of Public Hearing on the application for the Eagle City Council was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on October 5, 2015. Notice of this public hearing was mailed to property owners within three - hundred feet (300 -feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on September 30, 2015. The site was posted in accordance with the Eagle City Code on October 15, 2015. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: N/A Page 1 of 42 KVIanning Dept\Eagle ApplicationASUBS\201 SEagle Lakes Sub ccf.doc E. COMPANION APPLICATIONS: FPDP -0 1 -15 — A floodplain development permit to allow for site development within the area of special flood hazard. On August 28, 2015, the Floodplain Development permit was approved by the Floodplain Administrator. F. APPLICANT' STATEMENT OF JUSTIFICATION OF THE REZONE: See justification letter dated September 2, 2015 (attached to the staff report), provided by the applicant's representative. G. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT: The applicant is requesting a development agreement (in lieu of a PUD). The development agreement is to address reductions in minimum lot size, setbacks, easements, height exception, and other deviations from standard requirements in the MU (Mixed Use) zone. H. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: I. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA, CEDA, or DSDA. J. SITE DATA: Total Acreage of Site — 75.00 -acres Total Number of Lots — 80 Page 2 of 42 KAPlanning Dept\Eagle Applications\,SUBSt201 MEagle Lakes Sub ccf:doc COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Mixed Use, Floodway, MU (Mixed Use) Vacant parcel and Scenic Corridor Proposed No Change MU -DA (Mixed Use with Mixed use development Development Agreement [in including commercial, lieu of a PUD]) retail, single - family, multi- family residential. North of site Business Park BP (Business Park) and MU State Highway 44, mobile (Mixed Use) home park, and office building South of site Floodway and Eagle RP (Rural Preservation — Ada Boise River and vacant Island Special Use Area County designation) parcel East of site Mixed Use, Floodway, MU (Mixed Use) Concrete business (Idaho and Scenic Corridor Concrete Company) West of site Mixed Use, Floodway, MU -DA (Mixed Use) Proposed Tennis Club and Scenic Corridor Plaza and Renorvare Subdivisions I. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA, CEDA, or DSDA. J. SITE DATA: Total Acreage of Site — 75.00 -acres Total Number of Lots — 80 Page 2 of 42 KAPlanning Dept\Eagle Applications\,SUBSt201 MEagle Lakes Sub ccf:doc