Findings - CC - 2005 - FPUD-2-05/FP-3-05 - Phase 7/73 Lot/20.87 Acre
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A FINAL DEVELOPMENT PLAN AND FINAL PLAT
FOR BANBURY MEADOWS PUD SUBDIVISION
NO.7 FOR BANBURY MEADOWS LLC
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-2-0S & FP-3-0S
The above-entitled final development plan and final plat applications came before the Eagle City Council
for their action on April 26, 2005. The 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:
Banbury Meadows, LLC, represented by Johnson Engineering, is requesting final development plan
and final plat approval for Banbury Meadows Subdivision Phase 7, a 73-lot (70-buildable, 3-common)
residential subdivision. This 20.87-acre (approx.) phase of Banbury Meadows PUD is located on the
west side of Eagle Road approximately Y2-mile 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 incorporated herein by reference.
C. PRELIMINARY PUD/PLA T FINDINGS:
Council Findings and Conclusions dated May 23, 1995, are incorporated 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
Page 1 of 4
K:\Planning Dept\Eagle Applications\SUBS\2005\Banbury Meadows No.7 fpud ccf.doc
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.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
The City Engineer and Planning staff have reviewed the final development plan and final plat.
This phase differs slightly from the original preliminary development plan in lot quantity by a
reduction of fourteen (14) 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.
The Banbury Meadows PUD was approved in 1995 without the provision for any definitive
deviation for building setbacks. As noted in the letter of July 21, 1998 (attached) addressed to
Harvey Hoff, it was recommended that the setbacks for the patio homes and townhomes be
clarified during the review of the final plat for the first phase of the development. As noted in the
Council findings of fact and conclusions of law document for Banbury Meadows No.1 (dated
January 12, 1999), only the setbacks for the patio homes to be constructed within phase one were
addressed. To clarify, townhomes (multi-family) are defined in Eagle City Code as a dwelling
consisting of three (3) or more dwelling units including townhouses and condominiums with
varying arrangements of entrances and party walls whereas a patio home falls under the
classification of a single-family dwelling. The applicant has now proposed two-family dwellings
in lieu of the multi-family, which may be considered a slight difference with regard to the original
preliminary development plan approval. The issue that remains is to determine the setbacks for the
townhomes within this phase. The setbacks proposed by the applicant for the townhomes are as
follows:
Street Side
20-feet (Garage area)
IS-feet (Living area)
IS-feet
5-feet
lO-feet for certain lots adjacent to specific easement areas
O-feet for units sharing a common wall
20-feet
Front
Rear
Side
For a point of reference, these proposed setbacks and lot configurations are similar to those
approved for the Two Rivers PUD (Phase 6). The applicant has submitted a site plan which
depicts the layout of the dwellings on the lots as well as colored renderings of the dwellings to
illustrate the intended character of the development. Staff will defer to the Planning and Zoning
Commission and the City Council regarding the appropriate building setbacks required for the
siting of the dwellings.
Page 2 of 4
K:\Planning Dept\Eagle Applications\SUBS\2005\Banbury Meadows No.7 fpud ccf.doc
REVIEW BY THE COMMISSION:
A review by the Planning and Zoning Commission was completed on April 4, 2005. The
Commission made their recommendation at that time. The minutes are incorporated herein by
reference.
COMMISSION DECISION:
The Commission voted 4 to 0 (Lien absent) to recommend approval of FPUD-2-05 & FP-3-05 for
a final development plan and final plat approval for Banbury Meadows PUD Subdivision No.7
with the site specific conditions of approval shown within their Findings of Fact and Conclusions
of Law document, dated April 18, 2005.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on April 26, 2005. The Council made their decision
at that time. The minutes are incorporated herein by reference.
COUNCIL DECISION:
The Council voted 4 to 0 to approve FPUD-2-05 & FP-3-05 for a final development plan and final
plat for Banbury Meadows PUD Subdivision No.7 with the following Planning and Zoning
Commission recommended site specific conditions of approval:
1. Comply with all conditions of the City Engineer as noted in the letter dated March 4, 2005.
2. Comply with all applicable conditions of the Banbury Meadows PUD.
3. The dwelling units shall take access from one roadway only as depicted on the site plan date
stamped by the City on March 29, 2005 (on file at Eagle City Hall).
4. The dwellings shall be built in substantial compliance with the design and configuration as
illustrated on the colored renderings date stamped by the City on March 29, 2005 (on file at
Eagle City Hall).
5. The setbacks approved for the townhomes within this phase are as follows:
Street Side
20-feet (Garage area)
IS-feet (Living area)
IS-feet
5-feet
lO-feet for certain lots adjacent to specific easement areas
O-feet for units sharing a common wall
20-feet
Front
Rear
Side
6. Add a note to the final plat which specifies the building setbacks approved for the townhomes.
7. Delineate on the final plat those ACHD easements referenced under the Easements Title Block
noted on the final plat. For example, the conceptual drawing) showing the setbacks for the
dwellings (date stamped by the City on March 29, 2005) references a 20-foot wide easement
(10-feet either side of the side lot line) between Lots 40 and 41, Block 43, yet the easement is
not shown on the final plat.
8. 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.
9. 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."
Page 3 of 4
K:\Planning Dept\Eagle Applications\SUBS\2005\Banbury Meadows No.7 fpud ccf.doc
CONCLUSIONS OF LAW:
A. The application for this item was received by the City of Eagle on January 13, 2005.
B. In accordance with Eagle City Code Section 8-6-6-3 B, the Council finds that the facts submitted with
the application and presented to the Council, with the conditions herein, establish that:
1. The proposed seventh 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;
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.
DATED this 10th day of May 2005.
CITY COUNCIL
OF THE CITY OF EAGLE
~da County, Idaho
ATTEST:
""U"....
,,--- ....
,," Á""i OF 1:<1 ...
J." "\.~ ."..... ()~ ".
" ;-: .. .. ~ .
~ v.. POR . ~ °.
f I,Pv.. -1)0 \ "\
:*: ~. :
: : -.- : * :
\ \~^SEAL ~,:,1 S
. <JI "<0. ',fiiJ1 ~
".. ~ "":~~U:"'AO $
#'-.~l',' .:.,..,,"
##### 1:: OF \1) r' ,
.""......,"~
Page 4 of 4
K:\Planning Dept\Eagle Applications\SUBS\2005\Banbury Meadows No.7 fpud ccf.doc