09-17-2018 Planning Commission Packet

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LA18-000071 September 17, 2018 Page 2 of 4 Applicable Regulation: Conditional Use Permit (Section 78-916) The Planning Commission may recommend and the Council may grant a Conditional Use Permit (CUP) as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: 1) Consistent with the community management plan; The intent for the proposed grading is residential in nature, is consistent with the permitted uses for the Property, and is compliant with the zoning code and comprehensive plan 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The proposed grading is residential in nature which is consistent with the permitted uses for the Property. 3) Adequately served by police, fire, roads, and stormwater management; This statement is true. 4) Provided with an adequate water supply and sewage disposal system. This statement is true. 5) Not expected to generate excessive demand for public services at public cost; This statement is true. 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; This criteria relates to whether the proposed grades resulting from the earth movement are appropriate and in character with the surrounding land and neighborhood. The grading of the Property will be in conformance with the neighborhood. Once completed, the grading will have no impact on surrounding lands. The grades, once vegetated and landscaped should not have an adverse impact on the neighborhood. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The proposed grades will help to facilitate stormwater runoff down property lines, and not toward adjacent properties as is the current condition. The proposed grades should not result in a negative impact to neighboring properties. 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; The Applicant is proposing to elevate the land to accommodate a walk out which is not out of character for the neighborhood. It is likely adjacent properties will not be impacted. The site grading will be reviewed and monitored closely by the City's engineer to assure that all existing drainage patterns are maintained and adjacent properties are not adversely impacted.