Preston council denies 76-unit Denton Acres special-use permit, citing water, sewer and traffic concerns

The Preston City Council denied a special-use permit request for a 76-unit multi-family development in the Denton Acres subdivision after an extended public and staff discussion about infrastructure capacity and plan consistency.

Council member Brent Dodge moved to deny the permit, arguing the application conflicted with multiple elements of the city's comprehensive plan and failed to meet the a-through-h standards required for a special use. "These engineering observations show that water, sewer, and stormwater infrastructure are inadequate for 76-unit development without major upgrades," Dodge said, citing Keller and Associates' engineering letters in the council packet.

Developer Tony Crockett disputed that the project was out of compliance, saying his engineers had exchanged analyses with city staff and that the design "will work." Crockett said the 76-unit layout followed the ordinance's unit-per-acre calculations and that his professionals "have confirmed it." Staff planner Sean Alverson explained that code allows more than eight units per acre only with a granted special use and that the application centered on two 4.04-acre parcels proposed to contain 38 units each.

City and outside engineering reports in the packet, including correspondence from Keller and Associates, raised specific technical concerns: culinary water demand projections that could reach the city's maximum reliable capacity even after accounting for secondary irrigation; undersized sewer segments on 4th North and Highway 36 noted as in "poor condition"; stormwater reports with unspecified assumptions; and errors in a traffic-impact study that needed correction before approval. The public works director previously warned the 4th North sewer "cannot handle the volume of sewer connections proposed," the council heard.

Council members debated whether preliminary plat approval and the developer's prior submittal constituted a commitment to 76 units. Some members said the preliminary plat had been approved subject to the later special-use review; others said the council's prior action gave the developer a reasonable expectation to proceed. Terry Larson repeatedly asked staff about the planning commission vote — which was not unanimous — and raised procedural concerns about when technical review should have occurred.

After discussion, Dodge's motion to deny passed with three votes in favor and one abstention. When the mayor called the vote, the record shows Brent Dodge, Chris Larson and Todd Thomas voting "aye" and Terry Larson abstaining. Counsel Lyle reminded the council that code asks the city to tell denied applicants what actions they could take to obtain approval; staff told the council that, in this case, needed infrastructure upgrades (upsizing mains, road improvements and verified stormwater design) would likely be required and that no narrow set of conditions would be sufficient without substantial capital work.

The denial applies to the special-use request for 76 units on Lots 70 and 71; the council noted the broader preliminary plat remains in the record and that the developer retains the right to revise applications or return with different plans. The council did not set specific follow-up deadlines at the meeting.

The hearing included extended exchanges about zoning code sections (including 17.08.170), utility capacity studies dated in the packet and the role of secondary irrigation in limiting culinary-water demand. Several members urged caution about overbuilding given current water and sewer limitations; other members emphasized the long-term nature of the project and said many technical issues had been addressed through engineer-to-engineer coordination.

The council's action closes the current application for the larger 76-unit plan but leaves open the developer's ability to seek alternative approvals consistent with code requirements.