Findings - PZ - 2004 - FPUD-6-04 & FP-8-04 - Banbury Meadows Phase 6/23-Lot/7.74 Acre
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A FINAL DEVELOPMENT PLAN AND FINAL PLAT
FOR BANBURY MEADOWS PUD SUBDIVISION
NO.6 FOR BANBURY MEADOWS LLC
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-6-04 & FP-8-04
The above-entitled final development plan and final plat applications came before the Eagle Planning and
Zoning Commission for their recommendation on November 15, 2004. The Commission 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:
Banbury Meadows, LLC, represented by Johnson Engineering, is requesting final development plan
and final plat approval for Banbury Meadows Subdivision Phase 6, a 23-10t (23-buildable) residential
subdivision. This 7.74-acre (approx.) phase of Banbury Meadows PUD is located on the west side of
Eagle Road approximately YHnile north of Chinden Blvd. The site is within the Eagle City Limits.
B. HISTORY:
The City Council approved the PUD for Banbury Meadows Subdivision on May 23,1995. The
Findings of Fact and Conclusions of Law for the annexation, rezone, lot split, preliminary plat, and
preliminary development plan are included herein by reference.
C. PRELIMINARY PUD/PLAT FINDINGS:
Council Findings and Conclusions dated May 23, 1995, are included herein by reference.
D. FINDINGS OF FACT REQUIRED BY EAGLE CITY CODE SECTION 8-6-6-3 B:
The Commission shall find that the facts submitted with the application and presented to them
establish that:
1. The proposed development can be initiated within one year of the date of approval;
2. Each individual unit of the development, as well as the total development, can exist as an
independent unit capable of creating an environment of sustained desirability and stability or
that adequate assurance will be provided that such objective will be attained and the uses
proposed will not be detrimental to present and potential surrounding uses, but will have a
beneficial effect which would not be achieved under standard district regulations;
3. The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic,
and increased densities will not generate traffic in such amounts as to overload the street
network outside the PUD;
4. Any proposed commercial development can be justified at the locations proposed;
5. Any exception from standard district requirements is warranted by the design and other
amenities incorporated in the final development plan, in accordance with the PUD and the
adopted policy of the Council;
6. The area surrounding said development can be planned and zoned in coordination and
substantial compatibility with the proposed development;
7. The PUD is in general conformance with the Comprehensive Plan; and
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8. The existing and proposed utility services are adequate for the population densities and
nonresidential uses proposed.
E. FINDINGS OF FACT REQUIRED BY EAGLE CITY CODE SECTION 8-6-6-3 (C):
Upon granting or denying the application, the Council shall specify:
1. The ordinance and standards used in evaluating the application;
2. The reasons for approval or denial; and
3. The actions, if any, that the applicant could take to obtain a permit.
ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
The City Engineer and Planning staff have reviewed the final development plan and final plat.
This phase differs from the original preliminary development plan in lot quantity with a reduction
of two (2) building lots from that previously approved with the preliminary development plan.
Considering this change, it is staff's opinion that this final development plan can meet the
Findings of Fact required in Eagle City Code Section 8-6-6-3 Band C (as noted herein) with the
conditions recommended herein and that the final plat will be in substantial compliance with the
preliminary plat, with the conditions herein.
REVIEW BY THE COMMISSION:
A review by the Planning and Zoning Commission was completed on November 15, 2004. The
Commission made their recommendation at that time. The minutes are incorporated herein by
reference.
COMMISSION DECISION:
The Commission voted 4 to 0 to recommend approval of FPUD-6-04 & FP-8-04 for a final
development plan and final plat approval for Banbury Meadows PUD Subdivision No.6 with the
following staff recommended site specific conditions of approval with underlined text to be added
by the Commission:
1. Comply with all conditions of the City Engineer as noted in the letter~ of October 12, 2004.
and November 9. 2004.
2. Comply with all applicable conditions of the Banbury Meadows PUD.
3. The applicant shall submit payment to the City for all Engineering fees incurred for reviewing
this project, prior to the City Engineer signing the final plat.
4. Revise the note section on the final plat to reference the International Building Code (IBC) not
the Uniform Building Code.
5. Any stub street which is expected to be extended in the future shall be provided with a sign
generally stating that, "This street is to be extended in the future."
CONCLUSIONS OF LAW:
A. The application for this item was received by the City of Eagle on October 1, 2004.
B. In accordance with Eagle City Code Section 8-6-6-3 B, the Commission finds that the facts submitted
with the application and presented to the Commission, with the conditions herein, establish that:
1. The proposed sixth phase of the development can be initiated within one year of the date of
approval based upon the testimony and documentation presented by the developer;
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2. Each individual unit of the development, as well as the total development, can exist as an
independent unit capable of creating an environment of sustained desirability and stability or
that adequate assurance will be provided that such objective will be attained and the uses
proposed will not be detrimental to present and potential surrounding uses, but will have a
beneficial effect which would not be achieved under standard district regulations because of
the conditions placed on this development;
3. The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic,
and increased densities will not generate traffic in such amounts as to overload the street
network outside the PUD based upon written responses received from the highway districts
having jurisdiction;
4. No commercial development is proposed;
5. Any exception from standard district requirements is warranted by the design and other
amenities incorporated in the final development plan, in accordance with the PUD and the
adopted policy of the Council because the varied lot sizes and setbacks as specifically
approved by the City, will allow for a mix of housing types in accordance with the
Comprehensive Plan;
6. The area surrounding said development can be planned and zoned in coordination and
substantial compatibility with the proposed development since no intensive uses, that might
impact the planned residential areas surrounding the development, are proposed;
7. The PUD is in general conformance with the Comprehensive Plan; and
8. The existing and proposed utility services are adequate for the population densities as noted by
the agencies which will serve the development.
c.
The Commission stated that the reduction in the quantity of lots (2) from that approved with the
preliminary development plan is a minor revision that results in a slightly less intensive use of the site,
and recognizes that this phase six of the development is in substantial compliance with the Banbury
Meadows PUD.
DATED this 6th day of December 2004.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
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