Findings - CC - 1999 - FPUD-1-99/FP-1-99 - Final Development Plan/Final Plat/Banbury 2
oJ RIG J N ,\ L
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.2 FOR HARVEY HOFF )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-1-99 & FP-1-99
The above-entitled final development plan and final plat applications came before the Eagle City
Council for their action on March 23, 1999. 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 2, a 59-lot (50-buildable) residential
subdivision. This 19.22-acre (approx.) phase of Banbury Meadows PUD is located on the
west side of Eagle Road approximately V2-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 January 21, 1999.
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
traffic, and increased densities will not generate traffic in such amounts as to overload
the street network outside the PUD;
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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 standar<J$ 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 staffs opinion that this second phase of the 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 phase two final plat will be
in substantial compliance with the preliminary plat with the conditions recommended by
staff in the staff report.
REVIEW BY THE COMMISSION:
A review by the Planning and Zoning Commission was done on February 16, 1999. 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 two of the
proposed development with specific comments regarding the nature park, maintenance of
the nature park, the pathway from Banbury to Banbury Meadows, a meandering sidewalk
proposed along Eagle Road at the bluff, (Brinton would like to see some sort of sidewalk
for safety reasons).
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of FPUD-I-99 & FP-1-99 final
development plan and final plat approval for Banbury Meadows Subdivision Phase 2
with the site specific conditions of approval within their Findings Of Fact And
Conclusions Of Law document dated March 1, 1999.
REVIEW BY THE COUNCIL:
A review by the Council was done on March 23, 1999. The Council took action at that
time. The minutes are incorporated herein by reference.
The review included discussion regarding the overall development and phase two of the
proposed development with specific comments regarding the nature park and the
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unfeasibility of a meandering sidewalk proposed along Eagle Road at the bluff.
COUNCIL DECISION:
The Council voted 4 to 0 to approve FPUD-I-99 & FP-1-99 final development plan and
final plat for Banbury Meadows Subdivision Phase 2 with the site specific conditions of
approval below.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with the conditions noted in the January 13, 1999, and February 1, 1999, letters from
the City Engineer.
2. Provide a 5-foot wide concrete meandering sidewalk along Eagle Road abutting the site.
3. 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.
4. Developers shall provide a 10-foot wide easement, to be recorded as a separate document,
between lots 1 and 2, from Whitehaven Place to the site's south property line. The developer
shall construct a minimum 6- foot wide asphalt pathway within the easement and construct a
bridge over the stream for a connection to the pathway in Banbury.
CONCLUSIONS OF LAW:
A. The applications for this item were received by the City of Eagle on January 21, 1999.
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:
1. 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 can be 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
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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
8. The existing and proposed utility services are adequate for the population densities
and nomesidential uses proposed as noted by the agencies which will serve the
development.
DATED this 23rd day of March, 1999.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Rick
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