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Home My WebLink About2-7-2002 P&Z MINUTES _ - _ __ . w ,�.. ' . � CALDWELL PUBLIC HEARING BEFORE HEARING EXAMINER MINUTES February 7, 2002 1. Call to Order — Hearing Examiner, M. Jerome Mapp, opened the mee�ing for the - public hearings at 7:00 p.m. and outlined the public hearing tl. Review of Proceedings — Mr. Mapp outlined the public hearing procedures. Members Present: Steve Hasson, Community Development Director, Debbie Geyer and Ben Weymouth (Assistant City Engineer). 111. Hearings A. Case No. SUB-58P(E)-00, a request by Parkiand Development, LLC for a one year extension of the preliminary plat of Monarch Subdivision granted by City Council on January 2, 2001. The planned unit development consists of 809 residential, 1 commercial, and 25 common area lots on approximately 175 acres in an R-1 zone. The subdivision is located along the east side of Middleton Road beginning approximately one-half mile south of the intersection of Ustick Road and Middleton Road and going northward approximately one-half mile from this intersection. Mr. Mapp, Hearing Examiner, dispensed with the reading of staff cor�ments by the Community Development Directw, Steve Hasson. Mr.lVlapp inquired of the Applicant, Ken Brown, if he agreed with the conditions of the staff report in regards to his request for an extension. Mr. Brown replied that he fully agreed with the stafF report and. conditions as writt'en. Public Testimony Closed - Mr. Mapp closed the testimony. Findings of Fact: Mr. Mapp accepted the general facts outlined in the staff report as well as the facts brought forward during the public testimony. Concfusions of Law: Mr. Mapp accepted the Conclusions of Law outlined in the staff report. _ Order of Decision: Mr. Mapp approved SUB-58P(E)-00 with the conditions as outlined in the staff report. Public Hearing Closed — Mr. Mapp cfosed the public hearing. ******�,.*.*,.�**�*,.*.*#,**.�*„**,.*�**.**�****�*� B. Case No. ANN-63-01 a request by Carl Mai for approval to annex approximately 78.34 acres into the City as an R-1(Single Family Residential) zone. The site is located at the soutfiwest corner of the intersection of Homedale Road and S. Florida Avenue. The site is within the Area of City Impact and is currently zoned County Ag. As a part of the annexation request, the Comprehensive Plan Land Use Map would be amended to designate this parcel as R-1; the amendment would be included in the next available update of the Comprehensive Land Use i . _ ___ _._.__,_. __ _ __ _ ,� � Map. The parcel is legally described as a portion of the E%Z of the N�IV %< of Section 11, T.3 N., R.3 W., Canyon County Idaha Testimony: Steve Hasson, Community Development Director, presented the staff report. Rita Earl, Applicant's Representative, testi�ed in favor. NOTE: See Order of Decision for complete testimony or contact Community Development Department for audio tapes of the hearing. Public Testimony Closed — Mr. Mapp closed the testimony_ Comprehensive Plan Analysis: Mr. Mapp found that the request was applicabie to the following Comprehensive Plan components: Property Rights — Goal, Objective B and Policy 1; School Facilities and Transportation — Goal and Policy 1; Land Use — Goal; Objectives Applicable To All Land Uses — Objective C; Area of City Impact — ` Objective A and Policy 5. Findings of Fact: The Hearing Examiner accepted the general facts outlined in the staff report as well as the facts brought forward during public testimony. . Conclusions of Law: Mr.. Mapp the Conclusions of Law outlined in the staff report. Recommendation to City Council on ANN-63-01: Mr. Mapp recommended appcoual of ANN-63-01 with the conditions as outlined in the staff report. Public Hearing Closed — Mr. Mapp closed the public hearing. ****************�****�*****�****�*:.******�**********�***� - C. Case No. �,NN-62-01 a request 6y Donald Mai for approval to annex - approximately 100.29 acres into the City as an R-1(Singte Family Residential) zone. The site is located at the northwest comer of the intersection of S. Florida Avenue and Homedale Road. The site is within the Area of City Impact and is currently zoned County Ag. As a part of the annexation request, the Comprehensive Plan Land Use Map would be amended to designate this parcel as R-1; the amendment would be included in the next available update of the Comprehensive Land Use Map. The parcel is legally described as a parcel of land located in the-SW '/< of Section 2, T. 3 N., R. 3 W., B.M., Canyon County, Idaho. Testimony: Steve Hasson, Community Development Director, presented the staff report. Rita Earl, Applicant's Representative, testified in favor. . Vicki Myers, testified in opposition. _ Rita Earl, testified in rebuttaL Comprehensive Plan Analysis: Mr. Mapp found that the request was applicable to the following Comprehensive Plan components: Property Rights — Goal, Objective B and Policy 1; School Facilities and Transportation — Goal and Policy 1; Land Use — Goal; Objectives Applicable To All Land Uses — Objective C; Area of City Impact — Objective A�and Policy 5. - Planning & Zoning Hearing Examiner Minutes — February 7, 2002 � �- r' � 4 � .. � . . � . � �'��. Findings of Fact: The Hearing Examiner accepted the general facts outlined in the staff report as well as the facts brought forward during public testimony. Conclusions of Law: Mr. Mapp accepted the Conclusions of Law outlined in the staff report. Recommendation to City Councii on ANN-62-01: Mr. Mapp recommended approvai of ANN-62-01 with the conditions as outlined in the staff report. Public Hearing Closed — Mr. Mapp ciosed the public hearing_ *.****�*.*�***,,.,.�*�*,*��..,.�,.*,*****,***�.**********,** D. Case Nos. ANN-64-02 and SUP-153-02, a request by Clayne Hanson for approvai to annex approximately 5.5 acres currently zoned County R-1 into the City as an G2 (Community Commercial) zone, and for a special use permit to construct a mini-storage facility on the aforementioned site. The parce! is located on the northeast corner of Ustick Road and Montana Avenue and is also known as 4007 Montana Avenue. As - a part of the annexation request, the Comprehensive Plan Land Use Map would be amended to designate this parcel as G2; the arnendment would be included in the next available update of the Comprehensive Land Use Map. Testimony: Steven Hasson, Community Development Director, provided the staff report. Clayne Hanson, Applicant, testified in favor. lan Conrad, testified in favor. .- Dawna Jenkins, signed up in favor but did not wish to speak. James Herring, testified in opposition. Mr. Herring stated his concern of a conflict of interest-with Mr. Mapp hearing the case inasmuch as Mr. Mapp had also conducted the public hearing of the case for Canyon County in July 2001. Mark Hiity, Attorney, questioned Mr. Mapp concerning his prior involvement with the case as the Hearing Examiner for Canyon Counry. It was recommended by Mr. Hilty that the hearing be stopped and rescheduled before the Planning and Zoning Commission. Testimony was ceased. The hearing was closed and staff directed to place this case on the next Planning and Zoning Commission agenda. **,.****„*.****,.***********#.,.�*,*,.,***,..*,�*****�*****„*** E. Case No. SUB-65P-02, a request by Crestline Development, LC and Heartland Development, LLC. for preliminary plat approvai of Pennsylvania Park subdivision which consists of 331 residential and 5 common area lots on approximately 81.19 acres zoned R-2 and R-3. The site abuts the west side-of KCID Road approximately 437 feet south of the intersection of Highway 20/26 and KCID Road and extends southward approximately one-quarter mile. A report was given by Jerome Mapp, Hearing Examiner, and Steve Hasson, Community Development Director, concerning possible exparte communication from the Applicant's Attorney, Susan Wiidwood. It was determined by the Mark Hiity, City Attorney, that no violation had been made concerning exparte communication and the public hearing could proceed. . Planning & Zoning Hearing Examiner Minutes — February 7, 2002 � Steve Hasson, Community Development Director, presented the stafF reporf_ • �x in lo�imn� i+h a�� r�ty tngineer, testified conceming the Logan Street issue ,., .,,...,, , and connectivity of the subdivision. A recess was called bythe Hearing Examiner at 8:45 p.m. for the purpose of reading the document (A-9) provided by the Applicant's Attomey, Susan Wildwood. Ben Weymouth, testified conceming comments within the document. Rita Ear1, Applicant's Representative, testfied in fav�r. Kevin Amar, Applicant's Representative, testified in favor. Scott Stanfield, ApplicanYs Representative, testified in favor. _ Susan Wildwood, ApplicanYs Attomey, test�ed in favor. James Hoover, Neighbor, testified in opposition. Susan Wildwood, testified in rebuttaL Mr. Mapp, Hearing Examiner, decided to continue the public hearing until Thursday, ' February 21, 2002, at 7:00 p.m. - at the Caidwell Police Department Community I � Room_ - N. `° Planning Issues — The next regulariy scheduled � Hearing Examiner meeting is March 7, 2002. _ . V. - Adjoumment — Mr. Mapp adjoumed the meeting at 10:05 p.m. " MINUTES ADMINISTRATIVELY APPROVED BY HEARING EXAMINER M. JEROME MAPP ON THE DATE NOTED BELOW. ATTE � M. Jerome Mapp C nity Development Director 3 18f OZ- Date Planning & Zoning Hearing Examiner Minutes — February 7, 2002 - _