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Home My WebLink About4-30-2004 REVISED HE MINUTES , . : CALDWELL PUBLIC HEARING BEFORE HEARING EXAMINER - MINUTES � � April 30, 2004 ��µ`d✓'� I. Call to Order — ' er, M. Jerome Mapp, opened the meeting for the public heari 7:07 p.m. - II. Review of Proceedings — Mr. Mapp outlined the procedures for the public hearing. Members Present: Steve Hasson, Community Development Director, Debbie Geyer, and Scott Woods, Engineering staff. III. Old Business The Hearing Examiner approved and signed minutes of March 24, 2004. IV. Hearings - A. Case Number ZON-39-04, a request by Naomi Robillard to rezone a parcel from R-1 (Single-Family Residential) to R-2 (Medium Density Residential) in order to convert a non-conforming triplex to a conforming use. This site is located at the southeast corner of Elm Street and Brock Avenue. As a part of the annexation • request, the Comprehensive Plan Land Use Map would be amended to designate this parcel as mixed residential; the amendment would be included in the next available update of the Comprehensive Land Use Map. Testimony: Steve Hasson, Community Development Director, presented the staff report. Debbie Lasher, Applicant's Representative, testified in favor. Deborah Snyder, testified in favor. Walter Albert, testified in favor. Kay Albert testified in favor. Public testimony closed — Mr. Mapp closed public testimony. NOTE: See order of Decision for complete testimony or contact Community Development Department for audio tapes of the hearing. 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; Land Use � — Goal; Public Services, Utilities and Facilities — Goal, Objective B, Policies 2, and 7; Transportation — Goal, and Objective A. . • Findings of Fact on Case No. ZON-39-04: The Hearing Examiner accepted the general facts as outlined in the staff report, and public testimony. Conclusions of Law on Case No. ZON-39-04: The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. Recommendation on Case No. ZON-39-04: The Hearing Examiner approved Case No. SUB-83P(E)-03 with the conditions outlined in the staff report. Public Hearing Closed - Mr. Mapp closed the public hearing. B. To hear concurrently, Case Numbers ANN-87-04 and SUB/PUD-101 P-04, a request by Hubble Engineering to annex approximately 39.57 acres into the City as an R-1 (Single-Family Residential) zone, and preliminary plat approval to develop a Planned Unit Development known as Kingsview Estates, which consists of 166 residential lots and 13 common lots. The site is abuts the west side of S. Indiana Avenue and is located approximately 114 mile north from the Karcher Road and S. Indiana Avenue intersection. Testimony: Steve Hasson, Community Development Director, presented the staff report. Scott Woods, Engineering Department Representative, testified as staff. • Ashley Ford, Applicant's Representative, testified in favor. Matt Schultz, testified in favor. Public testimony closed — Mr. Mapp closed public testimony. NOTE: See order of Decision for complete testimony or contact Community Development Department for audio tapes of the hearing. Comprehensive Plan Analysis: Mr. Mapp found that the request was applicable to the following Comprehensive Plan components: Property Rights - Goal, Objectives A, B and Policy 1; School Facilities and Transportation — Goal and Policy 1; Economic Development — Goal and Objective A; Land Use — Goal, Objectives Applicable to All Land Uses — A, Objectives Applicable to Residential Land Use - C; Natural Resources — Policy 1; Public Services, Utilities and Facilities — Goal, Objectives A, B, C, D, Policies 2, 6 and 7; Transportation — Goal, Objectives A, B, C; Housing — Goal, Objective E and Policy 7; Community Design — Goal, Objectives A, E, and Policies 1, 2, 6, 9, and 10. Findings of Fact on Case No. ANN-87-04: The Hearing Examiner accepted the general facts as outlined in the staff report, and public testimony and Exhibits PZ-1000 - 1002. Conclusions of Law on Case No. ANN-87-04: The Hearing Examiner accepted � the Conclusions of Law as outlined in the staff report. Caldwell Hearing Examiner Minutes — April 30, 2004 J Recommendation on Case No. ANN-87-04 (TO INCLUDE A DEVELOPMENT • AGREEMENT ASSOCIATED WITH THE REZONE TO RESIDENTIAL): The Hearing Examiner approved Case No. ANN-87-04 with the conditions outlined in the staff report. Findings of Fact on Case No. PUDISUB-101P-04: The Hearing Examiner accepted the general facts as outlined in the staff report, and public testimony and Exhibits PZ-1000 - 1002. Conclusions of Law on Case No. PUD/SUB-101P-04: The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. Recommendation on Case No. PUD/SUB-101 P-04: The Hearing Examiner approved Case No. PUD/SUB-101 P-04 with the conditions outlined in the staff report. Public Hearing Closed - Mr. Mapp closed the public hearing. C. To hear concurrently, Case Numbers ANN-88-04 and SUB-102P-04, a request by Brittany Development, LLC, to annex approximately 74.05 acres into the City as an R-1 (Single-Family Residential) zone, and preliminary plat approval to develop Brittany Heights, which consists of 303 residential lots and 26 common lots. The site abuts Homedale Road to the south, is approximately 1,600 feet west of Homedale Road and Midway Avenue intersection, and extends south to Moss Lane. • Testimony: Steve Hasson, Community Development Director, presented the staff report. Rita Earl, Applicant's Representative, testified in favor. Ms. Wildwood, Applicant's Attorney, testified in favor. Scott Stanfield, testified in favor. Jay Gundy, testified in opposition. Chris Randolph, testified in opposition. Scott Woods, Engineering Department Representative, testified as staff. Cristina Randolph, signed in opposition but chose not to speak. Brent Carpenter, testified in opposition. Don Patterson, testified in opposition. Barbara Alger, signed as neutral but chose not to speak. � Ken Alger, testified as neutraL Caldwell Hearing Examiner Minutes - April 30, 2004 r Naomi Vincent signed as neutral. • Public testimony closed - Mr. Mapp closed public testimony. NOTE: See order of Decision for complete testimony or contact Community Development Department for audio tapes of the hearing. Comprehensive Plan Analysis: Mr. Mapp found that the request was applicable to the following Comprehensive Plan components: Property Rights - Goal, Objectives A, B, C, D, and Policy 1; Special Areas or Sites Component - Goal; School Facilities and Transportation - Goal, Objective A, Policies 1, 2, and 3; Economic Development - Goals 1- 5, Objectives A, F, Policies 1, 3, and 4; Land Use - Goals 1- 6, Objectives Applicable to All Land Uses - A and B, Objectives Applicable to the Area of City Impact - A, B, D, F, G, Objectives Applicable to Residential Land Use - A and C, Policies for the Area of City Impact - 3, 4, 5, 6, 7, 8, Policies for Residential Use - 3, and 5; Natural Resources - Goals 1- 4, Objectives A, B, C, Policies 1, 2, 3, 4, 5, 8, 9, 10, 11 and 12; Hazardous Areas Component - Goal, Objectives A, B, C, Policies 2 and 3; Public Services, Utilities and Facilities - Goal 1- 2, Objectives A, B, C, Policies 1, 2, 3, 4, 5, 6, and 7; Transportation - Goals Applicable to Circulation 1- 4, Goals Applicable to Public Transportation 2- 4, Goals Applicable to Functionally Classified Road Map 1- 2, Objectives A, B, C, D, F, Policies 1, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, and 15, Policies Five Square Mile Area - 7; Parks, Recreation and Open Space - Goal, Objectives A, B, C, D, E, G, Policies 1 and 3; Housing - Goal, Objectives A, B, C, E, Policies 1, 2, 3 and 7; Community Design - Goal, Objectives A, B, C, E, F, G, � H, Policies 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10; Public Safety Component - Goals 1- 2, Objectives A, B, Policies 1, 2, 3, 4, 5, 6, 7, 8, 9, and 11. Findings of Fact on Case No. ANN-88-04: The Hearing Examiner accepted the general facts as outlined in the staff report, public testimony, and Exhibit PZ- 1000. Conclusions of Law on Case No. ANN-88-04: The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. Recommendation on Case No. ANN-88-04 (TO INCLUDE A DEVELOPMENT AGREEMENT ASSOCIATED WITH THE REZONE TO RESIDENTIAL): The Hearing Examiner approved Case No. ANN-88-04 with the conditions outlined in the staff report. Findings of Fact on Case No. SUB-102P-04: The Hearing Examiner accepted the general facts as outlined in the staff report, public testimony, and Exhibit PZ- 1000. Conclusions of Law on Case No. SUB-102P-04: The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. Recommendation on Case No. SUB-102P-04: The Hearing Examiner approved Case No. SUB-102P-04 with the conditions outlined in the staff report. � Public Hearing Closed - Mr. Mapp closed the public hearing. Caldwell Hearing Examiner Minutes - April 30, 2004 � . ,, : V. Adjournment: • --,� The Hearing Examiner adjourned the meeting at approxima 7:07 p. . w ,,.' __---� MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, M. JEROME MAPP, ON THE_D,A. E NOTED BELOW: f ,�....�.. . �._ ._ .,.. �� o� ATTEST: M. Jerome app D te Communi y evelopment Director � '� , � Caldwell Hearing Examiner Minutes — April 30, 2004