Findings - PZ - 2014 - CU-05-00 MOD - Height Exception For 60' High Poles/Safety Netting/East Side Driving Range Banbury BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A CONDITIONAL USE PERMIT )
FOR A HEIGHT EXCEPTION FOR 60-FOOT )
HIGH POLES AND SAFETY NETTING AT )
BANBURY GOLF COURSE DRIVING RANGE )
FOR BANBURY MEADOWS,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-05-00 MOD
The above-entitled conditional use permit application came before the Eagle Planning and Zoning
Commission for their recommendation on October 6, 2014, at which time public testimony was taken and
the public hearing was closed. The Eagle Planning and Zoning Commission made their recommendation at
that time. The Eagle Planning and Zoning 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 Cornel Larson with Larson Architects, P.A., is
requesting a conditional use permit approval for a height exception for the addition of 60-foot
high poles and safety netting along the east side of the driving range at the Banbury Meadows
Golf Course. The site is located on the west side of Eagle Road approximately /-mile north
of Chinden Boulevard.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at the Banbury Golf Course Clubhouse at 6:00 PM,
August 18, 2014, in compliance with the application submittal requirement of Eagle City
Code. The application for this item was received by the City of Eagle on August 21, 2014.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission
was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and
the Eagle City Code on September 15, 2014. Notice of this public hearing was mailed to
property owners within three-hundred feet (300-feet) of the subject property in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on September
18, 2014. Requests for agencies' reviews were transmitted on August 25, 2014 in accordance
with the requirements of the Eagle City Code. The site was posted in accordance with the
Eagle City Code on September 25, 2014.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
The City Council approved the PUD for Banbury Meadows Subdivision on May 23, 1995.
The Design Review Board approved the landscape plan for the golf course and phase one of
Banbury Meadows Subdivision on June 9, 1998.
The City Council approved a conditional use permit (CU-05-00) for Banbury Meadows, LLC
on July 11, 2000, for twenty four (24) wooden poles and safety netting along the north and
east sides of the driving range at the Banbury Meadows Golf Course. The height of the poles
were limited to 35-feet at the time.
E. COMPANION APPLICATIONS: None.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two R-2-P(Residential two with a
g Planned Unit Development) Golf Course
Proposed N/A N/A N/A
North of site Residential Two R-2-P(Residential two with a Banbury Meadows Sub
Planned Unit Development)
South of site Residential Two R-2-P(Residential two with a Banbury Meadows Sub
Planned Unit Development)
East of site Mixed Use MU DA(Mixed Use with a Lakemoor Sub
development agreement)
West of site Residential Two R-2-P(Residential two with a Banbury Meadows Sub
Planned Unit Development)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The site is currently a driving range/golf course.
SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 75.02-acres (entire golf course) N/A
8.5-acres (driving range only)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: N/A
Height and Number of Stories of Proposed Buildings: N/A
Gross Floor Area of Proposed Buildings: N/A
On and Off-Site Circulation: N/A
K. PUBLIC SERVICES AVAILABLE: N/A
L. PUBLIC USES PROPOSED: The golf course and driving range are open to the public.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern -none
Evidence of Erosion-no
Fish Habitat-no
Floodplain -no
Mature Trees -yes
Riparian Vegetation -no
Steep Slopes -no
Stream/Creek: no
Unique Animal Life-unknown
Unique Plant Life-unknown
Unstable Soils -unknown
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Wildlife Habitat-unknown
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report. Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Eagle Fire Department
Q. LETTERS FROM THE PUBLIC:
The following correspondence is attached to the staff report:
Frank Celsnak stated in correspondence date stamped by the City on September 23, 2014, that the
proposed height of 60-feet appeared to be arbitrary, no information was provided at the
neighborhood meeting regarding the distance of the tees (whether the errant balls were hit from the
short or long side of the range), and offered an alternative setup for the course in lieu of raising the
height of the poles and safety netting.
Linda Bennett stated in a correspondence date stamped by the City on September 30, 2014, that
she is opposed to the proposed net height increase to 60-feet, that it would impact the view from
her home, as well as impact the value of hers and all other homes that overlook the driving range.
R. EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission/Council shall review the particular facts and circumstances of each proposed
Conditional Use in terms of the following standards and shall find adequate evidence showing that
such use at the proposed location:
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title(Eagle
City Code Title 8)for the zoning district involved;
B. Will be harmonious with and in accordance with the general objectives or with any
specific objective of the Comprehensive Plan and/or this title(Eagle City Code Title 8);
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area;
D. Will not be hazardous or disturbing to existing or future neighborhood uses;
E. Will be served adequately by essential public facilities such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water and sewer and schools; or
that the persons or agencies responsible for the establishment of the proposed use shall be
able to provide adequately any such services.
F. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
G. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare by reason
of excessive production of traffic, noise, smoke, fumes, glare or odors;
H. Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code 8-1-2: Rules and Definitions:
GOLF COURSE AND RELATED SERVICES: A tract of land laid out for playing the game
of golf that may include a clubhouse,dining and snack bars,pro shop, and practice facilities.
STRUCTURE: Anything constructed or erected, the use of which requires location on the
ground or attachment to something having a fixed location on the ground. Among other things,
structures include buildings, mobile homes, walls,fences and billboards.
• Eagle City Code 8-2A-6 (A): Design Requirements, Objectives and Considerations:
2. Site Landscaping: The site landscaping shall minimize impact on adjacent properties
through the proper use of screening with sound and sight buffers, and unsightly areas shall
be concealed or screened and the design review board shall consider:
a. The location, height, and materials of walls, fences, hedges and screen plantings to
ensure harmony with adjacent development;
c. The providing of screen plantings or other screening methods reasonably required to
conceal outdoor storage areas, trash receptacles, service areas, truck loading areas,
utility buildings and other unsightly developments;
d. The installation of sound and sight buffers, the preservation of public views, light and
air, and the consideration of those landscape aspects of design which may have
substantial effects on neighborhood development, land uses, and amenities;
• Eagle City Code 8-2A-6 (B): Architectural Requirements, Building Materials, Fence And
Deck/Patio Materials, Colors,And Architectural Appurtenance Height Limitation:
6. Architectural appurtenance height restrictions:
a. All spires, poles, antennas, steeples, towers, and any other such structures shall be
limited to a maximum of forty feet(40') within the DDA and TDA and thirty five feet
(35') in all other locations. Additional height may be permitted if a conditional use
permit is approved by the city council.
• Eagle City Code 8-7-3-1: Purpose and Interpretation of Conditional Use:
A. Purpose: It is recognized that an increasing number of new kinds of uses are appearing
daily, and that many of these and some other more conventional uses possess
characteristics of such unique and special nature relative to location, design, size, method
of operation, circulation and public facilities that each specific use must be considered
individually.
B. Interpretation Of Conditional Use: Any use which is permitted as a conditional use in a
district under the terms of this title shall not be deemed a nonconforming use in such
district, but shall, without further action, be considered a conforming one. (Ord. 40, 10-
1978,rev. 9-1980)
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C. DISCUSSION:
• On July 18, 2000, Eagle City Council approved thirty five (35) foot high metal poles to hold
the safety netting for Banbury Meadows driving range. Additionally, the applicant was
required to plant a minimum of 32-trees (20-feet minimum height at planting—measured from
the top of berm) on the north and south sides of each pole along the north side of the driving
range. The applicant is proposing to add additional poles (height to 60-feet (25-feet higher
than the maximum allowed by code))to accommodate higher netting.
Per Eagle City Code 8-2A-6(B)(6)(a), the maximum height allowed for "spires, poles,
antennas, steeples, towers, and any other such structure shall be limited to . . . thirty five feet
(35'). . . Additional height may be permitted if a conditional use permit is approved by the city
council." The height of the poles are determined by measuring from the finished grade of the
adjacent roadway to the top of the poles.
The applicant submitted a drawing on September 22, 2014, showing the potential trajectory of
golf balls hit from the lower tee (located 250-yards from the safety netting). The drawing
shows that an 80 compression golf ball hit by a 9% lofted driver from the lower tee (250-
yards) could reach the safety netting at a height of 50-feet. It should be noted that there is
another tee located 280-yards from the safety netting. In light of the information provided, the
fact that the driving range has tees located at both 250 and 280-yards, and the potential that a
golf ball could reach the safety netting at a height of 50-feet, it is staff's recommendation that
the maximum height of the poles for the safety netting should be increased to a height of 50-
feet. The applicant should be required to construct the metal poles for the safety netting
located at the Banbury Golf Course driving range at a maximum height of 50-feet.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on October
6, 2014, at which time public testimony was taken and the public hearing was closed. The Commission
made their recommendation at that time.
B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
one (1) individual (other than the applicant/representative) who lives at the end of the driving range
and has had damage to his home and surrounding property and is concerned that if the netting is not
constructed someone could be injured.
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by four(4) individuals who indicated concerns regarding the height of the poles & safety netting, how
unsightly they will be, the owner should use an all-purpose covering for the driving range tees in lieu
of the grass so that they can hit from the tees which are furthermost from the safety netting, or require
the use of low compression balls, and the poles and safety netting will have a negative impact on their
property values.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission discussed during deliberation that:
• Questioned what type of education, if any, has been done to stop golfers from using drivers
from the lower tee (tee closest to the safety netting) or from them using the higher
compression balls vs. lower compression balls.
• The owner has not done enough to engineer a solution to the problem.
• The owner is using the City to fix a private matter, and that there may be other steps the
owner can take to mitigate the issue.
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COMMISSION DECISION:
The Commission voted 3-0 (Koellisch and Wright absent) to recommend denial of CU-05-00
MOD for a height exception for the addition of 60-foot high poles and safety netting along the east
side of the driving range at the Banbury Meadows Golf Course for Banbury Meadows, LLC, for
the reasons stated under the Commission Deliberation section above.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at the Banbury Golf Course Clubhouse at 6:00 PM, August 18,
2014, in compliance with the application submittal requirement of Eagle City Code. The application
for this item was received by the City of Eagle on August 21, 2014.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on September 15, 2014. Notice of this public hearing was mailed to property owners within
three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on September 18, 2014. Requests for agencies' reviews
were transmitted on August 25, 2014 in accordance with the requirements of the Eagle City Code. The
site was posted in accordance with the Eagle City Code on September 25, 2014.
3. The Commission reviewed the particular facts and circumstances of the proposed conditional use (CU-
05-00 MOD) in terms of Eagle City Code Section 8-7-3-2, "General Standards For Conditional Uses"
and has concluded that the proposed conditional use:
A. Will not be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such use
will change the essential character of the same area because the proposed height will exceed
the height of the existing trees surrounding the area by approximately 25-feet and will be
easily seen from adjacent residential homes and Eagle Road thereby creating an unsightly
view, and;
B. Will be hazardous or disturbing to existing or future neighborhood uses since the proposed
metal poles and safety netting will be visible from the existing residential subdivision and is
not aesthetically compatible with the surrounding residential uses;
DATED this 20th day of October, 2014.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County,Idaho
Trent Wright,Vice Chair �•.•`4 J■GLF•,,,,,,
.1 r 1OAT
ATTEST: • ; *Q �• •
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Sharon . Bergmann,Eagle City C -rk „••, STA •••`�
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