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HomeMy WebLinkAbout11-28-2006 HE MINUTES . y . CALDWELL HEARING EXAMINER • MINUTES November 28, 2006 � APPROV�p � cc.:3,�,.l.stZ=� I. Call to Order — Hearing Examiner, Mr. 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 (Planning Director), Anne Marie Skinner (Senior Planner), Savanna Davis (Secretary), April Cabello (Planning Technician), Brent Orton (Engineering Department). II1. Old Business A. Mr. Mapp approved the minutes of the October 24, 2006 meeting. I ..............................................................................� IV. New Business • Mr. Mapp asked Mr. Billingsley if there have been any changes to the agenda. Brian Billingsley, Planning Director, stated that the applicant for cases A. (Living Waters Annexation) and B. (Cayler Annexation) requests that the cases be continued to Wednesday, December 27, 2006. Mr. Mapp stated that Case Numbers ANN-138-06/SUP-285-06 & ANN-137-06 are being continued to December 27, 2006. � ..............................................................................� A. Case Number ANN-136-06 & SUB/PUD-161 P-06, a request made by Landmark Engineering and Planning for the annexation of 9.27 acres of land with R-1 (Single Family Residential) zoning and 1.93 acres of land with C-1 (Neighborhood Commercial) zoning, and for preliminary plat and planned unit development approval of Dakota Crossing Subdivision #3 with 53 residential lots, 6 commons lots, and 4 commercial lots. � The site is located at the intersection of Celeste Ave. and Moss Lane. Testimony: Brian Billingsley, Planning and Zoning Director, presented the staff report and stated that staff recommends that the 3 lots the applicant is requesting C-1 (Neighborhood Commercial) zoning on be zoned R-3 (Multi-Family Residential). • 1. Jed Wyatt, ap plicant's r epresentative, s igned i n f avor o f t he ap plication and submitted exhibit PZ-1000. Mr. Wyatt gave an overview of the subdivision. Mr. Wyatt spoke of lots and sizes and what type of housing will be placed on the lots. Caldwell Hearing Examiner Page 1 of 5 Minutes —Qctoher�4;-�6A6 �,1=!�, �(�� � ; Mr. Wyatt stated the two existing buildings will stay and be used for for Day Care . or Senior facility purposes. 2. Mr. Mapp stated he was not aware and can not make judgment tonight. Mr. Mapp said there is a big difference between a Day Care and Senior facility. Mr. Mapp stated he must know which they are going to choose, Day Care or Senior facility. 3. Mr. Wyatt spoke more on the open spaces and amenities 4. Mr. Mapp requested more information on the lot lines. 5. Mr. Wyatt explained the lot lines. 6. Mr. Mapp asked what the side and back setbacks are. 7. Mr. Wyatt answered Mr. Mapp regarding the setbacks. 8. Mr. Wyatt stated the builder had given them some foot prints, they put them on the lots and they work. 9. Mr. Mapp asked to have them. 10. Mr. Wyatt stated does not have a single foot print to give, the builder gave them a family of foot prints. 11. Mr. Mapp stated he would like to see the foot prints. 12. Mr. Mapp gave his concerns regarding zoning. 13. Mr. Mapp stated there is to be a location for a bus stop. 14. Mr. Wyatt stated the bus stop will be in the pocket park. 15. Mr. Mapp asked about lighting. 16. Mr. Wyatt said there will be street lights. 17. Mr. Mapp stated concern of no lighting in the pocket park where the bus will pick up children. 18. Mr. Mapp asked about functions of specific common areas. 19. Mr. Wyatt answered it will be park/gazebo area. � 20. Mr. Mapp asked how people are going to park with driveways so close together and duel driveways. 21. Mr. Wyatt answered yes will have shared or dual driveways and there will be parking on the street. 22. Mr. Mapp still stated concern of not enough parking on the street. 23. Mr. Wyatt stated there will be double car garages. 24. Mr. Mapp still stated he is concerned not enough parking on the street. 25. Mr. Billingsley submitted copy of landscape plan map to Mr. Mapp. 26. Steve Lynn signed in favor of the application and provided supporting testimony addressing type of homes on the lots, parking issues and lighting. 27. Mr. Mapp stated his concerns for the issue with the locations of ineters. 28. Mr. Lynn stated they have discussed with engineering the best place to put the meters. 29. Mr. Lynn spoke of open spaces and the open spaces will be accessible. 30. Mr. Lynn addressed issues of the two different side of the uses. Light business use. 31. Mr. Mapp stated they must make up their minds of what the use will be. 32. Mr. Lynn stated they weigh heavily toward the day care. 33. Mr. Mapp clarified they must make a decision before this can move forward. 34. Mr. Lynn stated will stay within the R-3 zoning. 35. Mr. Billingsley clarified what the zoning is for the lots, R-1 and R-3. 36. Mr. Mapp suggested for all the lots be zoned R-3 with a development agreement. 37. Mr. Mapp asked for the heights of the buildings. 38. Mr. Lynn stated in the packet submitted it is listed. • 39. Mr. Mapp responded the multi-family does not go to the peak of the roof. Caldwell Hearing Examiner Page 2 of 5 Minutes - , �v..�v��'✓1 7:� ��L.' 40. Dan Walters signed in favor of the application and provided supporting testimony • regarding the patio homes. Mr. Walters stated this will give the residence of Caldwell to have a choice other than single family homes. Mr. Walters stated the desire for this style of home and they are high quality and upscale homes. 41. Mr. Mapp stated his concerns of zoning and the homes all in one area and not spread through out Caldwell. Mr. Mapp stated if this goes to R-3 it will have to be re advertised. 42. Mr. Mapp asked staff to confirm if they agree with zoning R-3. 43. Mr. Billingsley stated how it is zoned and approved needs to be very clear to the developer and Mr. Mapp. 44. Mr. Mapp has a list of 17 items and he will give to staff to give to Mr. Lynn. Mr. Mapp would like the list back to the Planning and Zoning 2 weeks before the next hearing and to him 1 week before the next hearing. 45. Brent Orton, city engineer, presented some concerns that staff had about: a. Scale and that Mr. Mapp intended it to be larger and it would need to be on a scale of 1 to 20. b. Need the Hearing Examiner to specifically grant approval for access to Moss St if zoning stays R-1. c. Landscape buffer on the collector roads. 46. Mr. Mapp, continued this item to 12/27/06. Mr. Mapp asked the applicant provide all changes to staff 2 week prior to the meeting. Mr. Mapp will give the list of items to Savanna. Public testimony closed — Mr. Mapp closed public testimony. . Continued Case Numbers ANN-136-06 & SUB/PUD-161 P-06 to 12-27-06 ..............................................................................� B. Case Number SUP-284-06, a request by Jerry Hanson with Verizon Wireless for a special use permit to locate a new stealth wireless telecommunication facility. The site is located at 3701 S. Lake Ave. Testimony: 1. Brian Billingsley, Planning Director, presented the staff report. Mr. Billingsley stated section 2.7.8 is a condition of approval and requires a 50 ft setback. 2. Mr. Mapp asked staff to clarify access to the tower 3. Mr. Billingsley stated in the staff report says access is off of Lake Ave but the applicant is here and can address this question. 4. Nefi Garcia, applicant's representative, signed in favor of the application and provided supporting testimony. Mr. Garcia stated Jerry Hanson is no longer with them and Mr. Garcia has amended the application to put his name. Mr. Garcia stated he is the acting on behalf of Verizon Wireless. Mr. Garcia questioned conditions in paragraph 8 page 7 of 10. Mr. Garcia feels a lot of the conditions are too detailed for what they want to do. Per Mr. Garcia they are not a developer like the previous applicant was. We are a wireless provider of wireless service. Mr. Garcia stated a lot of the conditions being applied here are for major developers. Mr. Garcia said they would like to contest many of these conditions. • Mr. Garcia agrees with conditions: 8.12, 8.18 — 8.25, 8.27 but would like some amendments to 8.27. Caldwell Hearing Examiner Page 3 of 5 Minutes —Oeteber�#, v�z�:.,,,v��' ��. j�,=.�, 5. Mr. Mapp stated many of these are dealing with engineering and they are • standard engineering conditions. Mr. Mapp asked where is the access to get to this facility. 6. Mr. Garcia answered Mr. Mapp. Access will be the driveway into the drive in off of Lake Ave. 7. Mr. Mapp asked Mr. Garcia when this facility will be maintained. 8. Mr. Garcia said once site is constructed technicians will come out once a month to do preventative maintenance. Typically will be in the day light hours. Only in emergencies will be after hours. 9. Mr. Mapp asked what position Verizon Wireless will be on the tower. 10. Mr. Garcia stated Verizon Wireless will be in the top position and that will leave two other positions for other carriers. ' 11. Brent Orton, city engineer, stated the reason these conditions are imposed on any special use on a property that is considered development that triggers infrastructure policy. 12. Mr. Mapp stated the following conditions will be removed: 8.2 — 8.10, 8.13, 8.16, 8.17, 8.26 and to change 8.14, 8.15. 13. Alice Estrada signed in favor of the application but did not wish to speak. 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 5.3 in the staff report. Findings of Fact: The Hearing Examiner accepted the general facts as outlined in the • staff report, public testimony, and the evidence list 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 that Case Number SUP-283-06 is approved with the following conditions: • Condition 8.11-8.12 as listed in the staff report. • 8.15 First line only • 8.18-8.24 • 8.25 & 8.27 ! NOTE. See Recommendation for complete testimony or contact Community Development Department for audio tapes of the hearing. I ..............................................................................� V. Planning Issues None. • VI. Adjournment Caldwell Hearing Examiner Page 4 of 5 Minutes — , ` � J 4 , ���y� �� � �� . , .. The Hearing Examiner adjourned the meeting at approximately 8:35pm. � MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, M. JEROME MAPP, ON THE DATE NOTED BELOW: >, � �.-�- f� � � � ATTEST: M. Jero e Mapp Date � �., � ,�- Community Development Director � � Caldwell Hearing Examiner Page 5 of 5 Minutes — , � �/`�-�r'�j�`-� (. `3f ��'"� �'