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Home My WebLink About3-27-2007 HE MINUTES i , • CALDWELL HEARING EXAMINER MINUTES ��, � �� March 27, 2007 � g _a.,s 1. Call to Order — Hearing Examiner, Mr. Jerome Mapp, opened the meeting for the public hearing at 7:00 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), Brent Orton (Engineering Department). III. Old Business A. Mr. Mapp approved the minutes of the Februa.ry27, 2007 meeting. IV. New Business A. Case Number SUB-172P-07 a request by Dyver Development for the preliminary . plat approval of Pennsylvania Park Subdivision with 263 residential lots and 15 common lots. This site is located at 1704 KCID Rd. Testimony: 1. David Bailey, applicanYs representative, stated that they are generally in agreement with staff's conditions. Mr. Bailey also stated that there was a request to place a collector street parallel with Chinden Blvd. and that there wasn't enough time to change the plat and show what effect that road would have on the project. Mr. Bailey stated that they would like more time to be able to make the changes. 2. Brent Orton stated that there were slight modifications to the conditions. He stated that staff would allow Enterprise Way to be built out to a non classified street width and act as a collector. 3. Mr. Mapp asked if there was access to highway 20/26 from the subdivision. 4. Mr. Orton stated that no the subdivision in question does not front 20/26. 5. Mr. Mapp asked that there be no more extensions concerning this subdivision. 6. Mr: Bailey stated that the plat would need to be changed and that he thought that the applicant could be ready to present this case in time for the next Hearing Examiner meeting. 7. Mr. Mapp stated tl�at he was granting a one month extension on case number SUB-172P-07. • Public testimony closed — Mr. Mapp closed public testimony. � ' • Case Number SUB-172P-07 will be deferred to April 24, 2007. B. Case Number SUB-171 P-07 a request made by Stanley Consultants for the Preliminary Plat approval of Blaisdell Subdivision with 8 buildable lots. The site is located on Elm St. and Ash St. Testimony: 1. Anne Marie Skinner, Senior Planne'r, presented the staff report and read a letter into the record labeled as exhibit PZ1000. 2. Kandi Hall, applicant's representative, stated that the existing green house that is located on the preliminary plat will be removed and that the applicant will meet all of cities requirements. Ms. Hall also commented on water and sewer location, landscaping, and street lighting. 3. Mr. Mapp asked about the existing alley behind lots 1 and 2. 4. Ms. Hall stated that the alley will remain there. 5. Mr. Mapp asked if Hazel currently connects to Elm St. where the street curves 6. Ms. Hall stated that it does not, but it will. 7. Mr. Mapp asked Ms. Hall to explain the:street connectivity in�this project. 8. Ms. Hall stated that Hazel will connect with a current private drive that will become public. • 9. Exhibit PZ 1001, a plat of the subdivision, was submitted by the applicanYs representative. 10. Mr. Mapp stated that Fairview will end in a cul-de-sac with an alley way that will connect to Elm St. 11. Mr. Mapp stated the he didn't believe there was a cross access agreement. 12. Ms. Hall stated that they will have a cross access agreement. 13. Mr. Orton stated that approaches should be limited to just one on Ash St. and that it should be centered across from Crescent Drive. 14. Wendy Kirkpatrick signed in favor of the application and provided supporting testimony stating that this project complies with all zoning ordinance and comprehensive plan. Ms. Kirkpatrick also stated that they have worked with the engineering department and will have a cross access agreement that runs through the entire project. 15. Gary McAllister signed neutral to the application and chose not to speak. 16. Mr. Stringfeild signed in opposition to the application and was absent from the meeting. � 17. David Kerrick signed in opposition to the application and submitted exhibit PZ 1002 (a recommendation from a. prior withdrawn case numbered ZON-46-06 & SUP-275-06) exhibit PZ 1003 (city supplemental specifications) and exhibit PZ 1004 .(pictures of Fairview Ave.). Mr. Kerrick stated his concerns regarding access to 10 Ave. and land locking parcels and referred to exhibit P� 1001. 18. Mr. Mapp stated that as stated by staff there will be an alleyway from the cul-de-sac to Elm St. • 19. Mr. Kerrick asked for the specifications for the alley way. I , • 20. Mr. Orton stated that there has not been a requirement placed on the applicant regarding improving the alley and that the applicant had originally wanted to vacate that alley. ' 21. Mr. Mapp stated that if there was an alley required by himself there would not be any land that was land locked. 22. Mr. Kerrick stated his concerns for improvements made to Fairview Ave and referred to exhibit PZ 1001. Mr. Kerrick then referred to exhibit PZ 1002. 23. Mr. Mapp addressed Mr. Kerrick's concerns about access to the project. 24. Mr. Mapp asked staff to explain the planning process to Mr. Kerrick. 25. Mr. Orton stated the applicant wanted to vacate Fairview Ave. and extend Hazel up to connect with Elm St. and to extend Fairview norfherly. 26. Juneal Kerrick signed in opposition to the application and submitted exhibit PZ 1005 (talking points) and RZ 1006 (attachments to talking points). Mrs. Kerrick stated that her objection is not to the project but to her belief that Fairview is not going to be adequately developed. Mrs. Kerrick then referred to exhibit PZ 1006 and stated that her issue is with the cul-de-sac. 27. Mr. Mapp stated that the cul-de-sac is adequate access and 10 Ave. will not have to be used. 28. Mr. Mapp explained that there would be a cross access agreement put in place. 29. Mrs. Kerrick stated that the application does not comply with the City of CaldwelPs street width requirements. � 30. Mr. Mapp stated that it does comply with the City's requirements. • 31. Mrs. Kerrick stated that if the City allows a plat the does not require any kind of right of way is that in essence a vacation of Fairview. 32. Mr. Mapp stated that there is a wider area than 16 ft which is going to remain available because there is a water line underneath making vacating right of way unfeasible. 33. Charles Kerrick signed in opposition of the application and did not wish to speak. 34. Pat Kerrick signed in opposition of the application and did not wish to speak. 35. Ellen Batt signed in opposition of the application and did not wish to speak. 36. Fred Batt signed in opposition of the application and did not wish to speak. 37. Kandi Hall stated that all of the City of Caldwell's requirements will be met Public testimony closed — Mr. Mapp closed public testimony. 1. Mr. Mapp stated that property will not be vacated after the decision is made. Vacation of property is applied ' for at the time of application submittal. Mr. Mapp then addressed the publics concerns for the cul-de- sac. Mr. Mapp then 'clarified that a neighborhood meeting is not legally binding because it is not a legally noticed meeting. • � M 1 • Comprehensive Plan Analysis: Mr. Mapp found that the request was applicable to the Comprehensive Plan components listed in Sections 5.1 through 5.2 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 recommended that Case Number SUB-171 P-07 be approved with the following conditions: • 8.2-8.12 • A cross access agreement shall be provided across all lots in the Blaisdell Subdivision. • Primary access to the adjoining easterly properties shall be from Fairway Avenue and its cul-de-sac as well as the roadway/alley right-of-way which shall be improved to City of Caldwell standards. V. Planning Issues April 9 workshop. • VI. Adjournment The Hearing Examiner adjourned the meeting at approximately 8:15 pm. MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, M. JEROME MAPP, ON--- TE NOTED BELOW: , J ''��f �� .� � ',,,, -` ATTEST: ,�� % M. Jerom \Aap te d ; f �� ,�c_. ,� y '_ Planning and Zoning Director � , �