Findings - PZ - 2001 - FPUD-5-00 & FP-11-00 - Final Development Plan/Ft For Banbury 5
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)
PHASE NO.5 FOR BANBURY MEADOWS, LLc. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-5-00 & FP-I1-00
The above-entitled final development plan and final plat applications came before the Eagle
Planning and Zoning Commission for their recommendation on January 2, 2001. 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 Roy Johnson, is requesting final development plan
and final plat approval for Banbury Meadows Subdivision Phase 5, a 41-10t (39-buildable)
residential subdivision. This 16.28-acre (approx.) phase of Banbury Meadows PUD is
located on the west side of Eagle Road approximately Yz-mile north of Chinden Blvd. The
site is within the Eagle City Limits.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on November 17, 2000.
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.
On September 14, 1999, the Eagle Council approved the final plat and final development
plan for Banbury Meadows Phase III, with the following condition (No.3 of 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.
Recently, the Idaho Department of Transportation determined that the guardrail installation
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would be compromised if a sidewalk were constructed adjacent to it. The City Engineer
(Holladay Engineering) believes that a sidewalk can be built without compromising integrity
or safety. The City Council has granted the City Engineer permission to proceed in
negotiations with ITD in order to arrive at a workable solution. This action has only
transpired within the past two weeks and therefore a resolution is not immediately available.
This application should be approved with one of the conditions stating that no building
permits should be issued until the sidewalk action is resolved. This will allow negotiations to
continue without delaying the development of this project.
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;
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.
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. It is staff's opinion that this fourth phase ofthe 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 four final plat will be in
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substantial compliance with the preliminary plat with the conditions provided within the
staff report.
REVIEW BY THE COMMISSION:
A review by the Planning and Zoning Commission was completed on January 2, 2001.
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 sidewalk along Eagle Road from Banbury to Banbury Meadows
abutting phase two of the development.
COMMISSION DECISION:
The Commission voted 4 to 0 (Bloom absent) to recommend approval of FPUD-5-00 &
FP-II-00 for a final development plan and final plat approval for Banbury Meadows
Subdivision Phase 5 with the following staff recommended site specific conditions of
approval with underlined text to be added by the Commission and text shown with strike-
thru to be deleted by the Commission.
SITE SPECIFIC CONDITIONS OF APPROVAL:
I. Comply with the conditions noted in the November 27,2000, 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. Submit street lighting plans and receive City Engineer approval of said plans prior to
City Engineer signing final plat.
4. No b1:lilàing permits shall be iss1:led I:Œtil the eoastroetioa of the 5 foot '.vide
(miaimlufl) eOHeret" sidewalk aloag the v;est side ofEagl" Road is eompleteà (as
stated in the origiflal Banàur}' Meadows pm) unless a satisfactory resolutioa afRong
all parties eoneemeà is eoßel1:làed.
5. If the City Engineer can work with ITD to obtain approval for the installation of a
sidewalk on the west side of Eagle Road extending from the existing sidewalk
(adjacent to Banbury Subdivision) south to the northerly entrance of Banbury
Meadows Subdivision. then the applicant shall construct the sidewalk. If approval
cannot be obtained from ITD within 90-davs of City Council approval of this
application. then construction ofthe sidewalk shall not be required as a condition of
approval of this plat. However. it shall be carried over as a condition of phase six.
6. The City shall retain the letter of credit for the installation of the above mentioned
sidewalk. The letter of credit shall only be released when the sidewalk is constructed.
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CONCLUSIONS OF LAW:
A. The application for this item was received by the City of Eagle on November 17,2000.
B. In accordance 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 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 ofthe 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 ITom the
highway districts having jurisdiction;
4. No commercial development is proposed;
5. Any exception ITom 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 ofthe 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.
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DATED this 16th day of January, 2001.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Id 0
oore, Eagle City CIeri
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