Findings - CC - 1998 - FUPD-1-98 & FP-3-98 - Final Development Plan And Final Plat Banbury 1
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A FINAL DEVELOPMENT PLAN AND FINAL PLAT)
FOR BANBURY MEADOWS PUD SUBDIVISION)
PHASE NO.1. FOR HARVEY HOFF )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-1-98 & FP-3-98
The above-entitled final development plan and final plat applications came before the Eagle City
Council for their action on December 15, 1998. The Council having, and having duly considered
the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Harvey Hoff, represented by Roy Johnson, is requesting final development plan and final plat
approval for Banbury Meadows Subdivision Phase I, a 39-lot (30-buildable) residential
subdivision. This 9.82-acre (approx.) phase of Banbury Meadows PUD is located on the
west side of Eagle Road approximately Yz-mile north of Chin den Blvd. The site is within the
Eagle City Limits.
B. APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on April 21, 1998.
C. 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 attached.
D. PRELIMINARY PUD/PLAT FINDINGS:
Council Findings and Conclusions dated May 23, 1995, are incorporated herein by reference.
E. 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
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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
8. The existing and proposed utility services are adequate for the population densities
and nonresidential uses proposed.
F. 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.
G. STAFF ANALYSIS PROVIDED IN THE STAFF REPORT:
The City Engineer and Planning staff have reviewed the final development plan and final
plat. It is staff's opinion that this first phase of the final development plan can meet the
Findings of Fact required in Eagle City Code Section 8-6-6-3 B and C (as noted herein)
with the conditions recommended herein and that the phase one final plat will be in
substantial compliance with the preliminary plat with the conditions recommended by
staff in the staff report.
Special concern regarding useable open space with the PUD:
The CC&R's (and attached letter from Jerry Breaux - presumably the lessor of the
course) provide conditions favoring the commercial golf course while restricting
residential interaction with the golf course other than the ability for the residents to look
at the course (i.e.: golfers can walk on the residential properties to retrieve balls, balls
may fly on properties, fences aren't permitted, resident can't allow children to use the
golf course for playing, residents can't use their own private golf carts for the course, the
club house can only be used by people who pay the commercial fees and is not open to
use of association members through association dues).
The problem with these conditions is that the Code requires a PUD to be a Planned Unit
Development with the various components of the development working together. Also,
the required open space is to be usable, not just a commercial use that you can only look
at and cannot use unless you pay the commercial fees.
Therefore, the staff believes the City should assure that conditions are placed on this
development to allow the residential component reasonable use of the golf course and to
provide useable open space areas.
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REVIEW BY THE COMMISSION:
A review by the Planning and Zoning Commission was done on November 23, 1998.
The Commission made their recommendation at that time. The minutes are incorporated
herein by reference.
The review included discussion regarding the overall development and phase one of the
proposed development with specific comments regarding the club house, golf course,
nature park, the inter-relationship between the golf course the nature park and the
homeowners association. professional maintenance of the open space facilities and golf
course, the special features of the golf course (such as the classes for a variety of age
groups and youth employment), the concept of zero lot-line development, the pathway
from Banbury to Banbury Meadows, pictures are shown of the area and the unfeasibility
of a meandering sidewalk proposed alonge Eagle Road at the bluff, (Brinton would like to
see some sort of sidewalk for safety reasons). A handout is distributed to demonstrate the
townhouse set-backs. Another handout is distributed on the issue of private carts verses
club house carts. Golf Course fees are discussed.
COMMISSION DECISION:
The Commission voted 4 to 0 (Farnworth absent) to recommend approval of FPUD-1-98
& FP-3-98 final development plan and final plat approval for Banbury Meadows
Subdivision Phase I with the site specific conditions of approval within their Findings Of
Fact And Conclusions Of Law document dated November 23, 1998.
REVIEW BY THE COUNCIL:
A review by the Council was done on December 15, 1998. The Council took action at
that time. The minutes are incorporated herein by reference.
The review included discussion regarding the overall development and phase one of the
proposed development with specific comments regarding the club house, golf course,
nature park (and parking and road access for the nature park), the inter-relationship
between the golf course the nature park and the homeowners association. professional
maintenance of the open space facilities and golf course, the special features of the golf
course (such as the classes for a variety of age groups and youth employment), the
concept of zero lot-line development, the pathway from Banbury to Banbury Meadows,
pictures are shown of the area and the unfeasibility of a meandering sidewalk proposed
along Eagle Road at the bluff.
COUNCIL DECISION:
The Council voted 4 to 0 to approve FPUD-1-98 & FP-3-98 final development plan and
final plat for Banbury Meadows Subdivision Phase 1 with the site specific conditions of
approval below.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with the conditions noted in the November 18, 1998, letter from the City
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Engineer.
2. Provide a 5-foot wide concrete meandering sidewalk along Eagle Road abutting the
site along Phase 1.
3. Provide the 15+ acre nature park and pathway plan to the City to be reviewed by the
Design Review Board. The nature park shall be completed on or before December I,
1999. A surety for the nature park shall be provided to the City prior to the City
Engineer signing the final plat for phase 1.
4. "Zero lot line" development shall be permitted within phase one as proposed as long
as there is a minimum of IS-feet between homes, a minimum 7.5-foot setback from
any perimeter property line (of the subdivision), and a 20-feet minimum setback from
any front or side street property line (additional 5-feet is required for two story
structures). Provide a 7.5-foot easement for maintenance along any zero lot line.
5. The applicant shall submit payment to the City for all Engineering fees incurred for
reviewing this project, prior to the City Clerk signing the final plat.
ADDITIONAL CONDITIONS RELATED TO OVERALL DEVELOPMENT:
1. Work with City staff and the property owners of Banbury to try to provide a
minimum of two pathway connections to the pathway along the north side of
Banbury. The stream shall be bridged in both locations to allow the pathway
connections if an agreement with Banbury can be reached.
2. Provide documentation showing that the entire PUD will remain under single control
as required by Eagle City code and State Code.
3. Work with City staff, ITD staff and the property owners of Banbury to provide a 5-
foot wide concrete meandering sidewalk generally along the side of Eagle Road
within the site. The meandering sidewalk shall be detached from Eagle Road and
shall extend from the sidewalk currently on Eagle Road at the south end of the site to
the southerly entry road into Banbury Meadows if an agreement can be reached. An
easement shall be required for the sidewalk if an agreement can be reached.
4. Provide the 15+ acre nature park and pathway plan to the City to be reviewed by the
Design Review Board. The nature park shall be completed on or before December 1,
1999. A surety for the nature park shall be provided to the City prior to the City
Engineer signing the final plat for phase 1.
5. The setbacks the City will permit on the town house lots and other smaller lots should
be specified with this application (see attached "Townhouse Lot Setbacks" submitted
to the Commission on November 23, 1998).
6. Comply with the statements within the document title "The CC&R's should allow for
residents reasonable use of the Golf Course for recreation activities" submitted to the
Commission by the applicant on November 23, 1998.
CONCLUSIONS OF LAW:
A. The applications for this item were received by the City of Eagle on April 21, 1998.
B. In accordance 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:
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I. The proposed 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. Any proposed commercial development is justified at the locations proposed because
the Golf Course as located will provide a visual amenity to the residences (and the
developer will incorporate conditions within the CC&R's, as proposed to the City, to
provide interaction activities between the Golf Course and residential components of
the PUD) and the club house facilities are accessed by roadways capable of handling
the expected traffic and are located so as to not negatively impact residences proposed
within the PUD;
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 since the Plan calls
for the residential component and since a golf course would be permitted with a
conditional use permit in a residentially zoned area; and
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8. The existing and proposed utility services are adequate for the population densities
and nonresidential uses proposed as noted by the agencies which will serve the
development.
DATED this 12th day of January, 1999.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
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