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Home My WebLink About7-25-2006 HE MINUTES S � i CALDWELL PUBLIC HEARING BEFORE HEARING EXAMINER . MINUTES July 25, 2006 APPROVED CC�'.�— �'C� I. Call to Order — Hearing Examiner, M. Jerome Mapp, opened the meeting for the public hearing at 7:05 p.m. II. Review of Proceedings — Mr. Jerome Mapp outlined the procedures for the public hearing. ' Members Present: Brian Billingsley (Senior Planner), David Richey (Associate Planner), Dee Fernandez (Secretary), Gordon Law (City Engineer), Brent Orton (Engineering Department) and Mark Hilty (City Attorney). III. Old Business 1. Mr. Mapp approved the minutes of the June 27, 2006 meeting. IV. New Business/Hearings B. Case Number VAR-29-06, a request by Windsor Creek LLC, for a variance of ordinance 11-03-02, Street Location and Alignment. The site is located south of Homedale Road and east of Lake Avenue. • Testimony: Brian Billingsley, Senior Planner, informed Mr. Mapp that the applicant requested more time to respond to the staff report. Mr. Mapp asked if anyone in the audience was in attendance for this case; there was no one. Case continued — Mr. Mapp continued case number VAR-29-06 to the August 22, 2006 Hearing Examiner public hearing. ..............................................................................� A. Case Number ANN-125-06, a request by Sallie Palleria and Brett Anthon, for annexation of 0.33 acres of land into the City limits with R-1 Single Family Residential zoning. The site is located at 1005 W. Linden. Testimony: David Richey, Associate Planner, presented the staff report. Anne Marie Skinner, applicant's representative, testified in favor of the application. Gordon Law, City Engineer, answered the question about hookup to city sewer when it becomes available in this area. . Caldwell Hearing Examiner Page 1 of 4 Minutes — July 25, 2006 � ' Gail Gordon signed in neutral of the application and provided testimony. He inquired � about putting in a well and septic system, and also that he will not be required to put in curb and gutter. Public testimony closed — Mr. Mapp closed public testimony. Comprehensive Plan Analysis: Mr. Mapp found that the request was applicable to the Comprehensive Plan components listed in Sections 5.1 through 5.4 in the staff report. Findings of Fact: The Hearing Examiner accepted the general facts as outlined in the staff report and public testimony as a part of the Findings. Conclusions of Law: The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. Recommendation: The Hearing Examiner recommended approval of Case Number ANN-125-06, a request by Sallie Palleria and Brett Anthon, for annexation of 0.33 acres of land into the City limits with R-1 Single Family Residential zoning. Case closed. NOTE: See Recommendation for complete testimony or contact Community Development Department for audio tapes of the hearing. ..............................................................................� � III. Old Business (continued) B. Case Number SUP-270-06, a request by City of Caldwell, for special use permit approval to operate a public park in a C-2 (Community Commercial) zone. The site is located at the corner of Kimball Avenue and Arthur Street. Testimony: Brian Billingsley, Senior Planner, presented the staff report. He presented a letter from Caldwell Building Official Brett Clark as exhibit PZ-1001, a letter from Darren Truchot of Tru Engineering PC as exhibit PZ-1002, a revised concept plan from the Caldwell Engineering Department as exhibit PZ-1003, and a cross-section of the basement backfill from the Caldwell Engineering Department as exhibit PZ-1004. Mark Hilty, City Attorney, applicant's representative, testified in favor of the application. He submitted a letter from former Community Development director Steve Hasson as exhibit PZ-1005. Gordon Law, City Engineer, applicanYs representative, testified in favor of the application. He addressed the five items noted in the June 27, 2006 minutes and the engineering aspects of the illustration in PZ-1004. Dick Winder signed in opposed to the application and provided testimony. He testified � that the City did not follow the proper procedure of applying for a special use permit after the property was acquired to operate a park at the property. He is opposed to the Caldwell Hearing Examiner Page 2 of 4 Minutes — July 25, 2006 . ' project due to the money involved, it can become a public nuisance, the other two area . parks are not used, and a detriment to economic development in the downtown area. Jason Timmons signed in opposed to the application and did not speak. Ron McWilliams signed in opposed to the application and provided testimony. He said the use of the property is the cause of the damage to a building. He submitted photographs as exhibit PZ-1006. Jerry Timmons signed in opposed to the application and provided testimony about water damage in his basement. Terri Timmons signed in opposed to the application and provided testimony. She submitted photos on poster board as exhibit PZ-1007. She testified that homeless people currently use the nearby parks. Susan King signed in opposed to the application on Terri Timmons' comment sheet and did not speak. Mark Hilty provided rebuttal testimony. Dick Winder was recalled by Mr. Mapp. Public testimony closed — Mr. Mapp closed public testimony. Comprehensive Plan Analysis: Mr. Mapp found that the request was applicable to the • Comprehensive Plan components listed in Sections 5.1 through 5.5 in the staff report. Findings of Fact: The Hearing Examiner accepted the general facts as outlined in the staff report and public testimony as a part of the Findings. Conclusions of Law: The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. Order of Decision: The Hearing Examiner ordered approval of Case Number SUP- 270-06, a request by City of Caldwell, for special use permit approval to operate a public park in a C-2 (Community Commercial) zone with conditions 8.2 — 8.10 as outlined in the staff report. Case closed. NOTE: See Recommendation for complete testimony or contact Community Development Department for audio tapes of the hearing. ..............................................................................� V. Planning Issues Mr. Mapp discussed the Special Use Permit application to operate a nightclub/saloon received by Brian Donesley for White Horse Saloon. He asked Brian Billingsley to give an update of • this case. Mr. Mapp stated that he has requested reconsideration of his prior approval of the SUP application until comments could be received from Caldwell Chief of Police Sobba and Caldwell Hearing Examiner Page 3 of 4 Minutes — July 25, 2006 .� .a considered by staff, and for another hearing to be held on a date certain: August 22, 2006. Mr. • Mapp asked staff to re-notice this meeting to allow Mr. Donesley to state his reasons why the request should be approved. Mr. Donelsey has the option to withdraw his request, by submitting written documentation to the staff. There was further discussion with Mark Hilty. Mr. Billingsley stated that two appeals have been received by adjacent property owners that would have to be heard by the City Council if Mr. Donesely wanted to continue with his case. Based upon Mr. Hilty's direction, the applicant will be asked if he chooses to proceed, and if so, re-noticing will be done for reconsideration at the August 22, 2006 Hearing Examiner public hearing, to include a legal opinion from Mr. Hilty. VI. Adjournment The Hearing Examiner adjourned the meeting at approximately 8:50 p.m. MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, M. JEROME MAPP, ON THE DATE NOTED BELOW: ATTEST: M. Jerome Mapp Date � Community Development Director � Caldwell Hearing Examiner Page 4 of 4 Minutes — July 25, 2006