Findings - CC - 1999 - FPUD-3-99/FP-11-99 - Banbury 3/70 Lot/66 Buildable Lots
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)
PHASE NO.3 FOR BANBURY MEADOWS, LLC. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-3-99 & FP-11-99
The above-entitled final development plan and final plat applications came before the Eagle City
Council for their action on September 14, 1999. 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 Roy Johnson, is requesting final development plan
and final plat approval for Banbury Meadows Subdivision Phase 3 , a 70-lot (66-buildable)
residential subdivision. This 24.23-acre (approx.) phase of Banbury Meadows PUD is
located on the west side of Eagle Road approximately Y2-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 July 1, 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.
On January 12, 1999, the Eagle Council approved the final plat and final development plan
for Banbury Meadows Phase I and on March 23, 1999, the Council approved the final plat
and final development plan for Banbury Meadows Phase II.
D. PRELIMINARY PUDIPLAT 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
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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
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 pennit.
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 third 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 three 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 August 16, 1999.
The Commission made their recommendation at that time. The minutes are incorporated
herein by reference.
The review included discussion regarding the proposed development with specific
comments regarding the pathway from Banbury to Banbury Meadows and the attached
sidewalk proposed along Eagle Road abutting phase two of the development.
COMMISSION DECISION:
The Commission voted 4 to 0 (Brinton absent) to recommend approval of FPUD-3-99 &
FP-11-99 final development plan and final plat approval for Banbury Meadows
Subdivision Phase No.3 with the following staff recommended site specific conditions of
approval.
REVIEW BY THE COUNCIL:
A review by the Council was completed on September 14, 1999. The Council took action
at that time. The minutes are incorporated herein by reference.
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COUNCIL DECISION:
The Council voted 3 to 0 (Merrill absent) to approve FPUD-3-99 & FP-11-99 final
development plan and final plat for Banbury Meadows Subdivision Phase No.3 with the
site specific conditions of approval below.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with the conditions noted in the July 20, 1999, letter from the City Engineer.
2. 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.
3. In lieu of providing a 10-foot wide easement between Lots 1 and 2 of Phase 2 (and
constructing the asphalt pathway for a connection to the pathway in Banbury) provide a 5-
foot wide (minimum) concrete sidewalk along the west side of Eagle Road (location and
design for safety barrier to be reviewed and approved by ITD). The sidewalk shall extend
from the sidewalk currently on Eagle Road at the south end of the site to the southerly entry
road into Banbury Meadows.
CONCLUSIONS OF LAW:
A. The applications for this item were received by the City of Eagle on July 1, 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
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
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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 nonresidential uses proposed as noted by the agencies which will serve the
development.
DATED this 5th day of October, 1999.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
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