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Home My WebLink About4-24-2007 HE MINUTES CALDWELL HEARING EXAMINER AP�'RC�v��a � MINUTES � ��'� April 24, 2007 I. 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), Savanna Davis (Secretary), Brent Orton (Engineering Department). III. Old Business A. Mr. Mapp approved the minutes of the February 27, 2007 meeting. B. (Continued from 3-27-07) Case Number SUB-172P-07, a request by Dyver Development, LLC; Aldon Harshman; Highland development, LLC; and Bailey Engineering 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. Brian Billingsley, Planning & Zoning Director presented the staff report and stated that the applicant is requesting a continuance. 2. Kevin Amar, applicant, provided supporting testimony stating that they did in fact want to request a continuance because more time was needed for the applicant to meet with a neighboring property owner to.discuss what will be done with a collector road. 3. Mr. Mapp approved the request for a continuance. Public testimony closed — Mr. Mapp closed public testimony. Case Number SUB-172P-07 will be deferred to June 26, 2007. IV. New Business A. Case Number SUP-288-07 & ANN-152-07 is a request by Rodney Deide, Brad Klahr and Modus Architecture for the annexation of 4.22 acres of land into the city with C-2 (Community Commercial) zoning, a comprehensive plan map amendment from low density residential to commercial, a development agreement and a special use permit for a selfstorage facility. The site is located at 5401 S. Florida Ave. • • Testimony: a. Brian Billingsley, Planning & Zoning Director, presented the staff report. b. Mr. Mapp asked about parking spaces. c. Mr. Billingsley stated that 4 parking spaces would be required. d. Brad Klahr, applicant, provided supporting testimony and'submitted an aerial photo which was label as ezhibit PZ1000 and a site plan which was labeled as PZ1001. e. Mr. Mapp asked if there would be any R.V. parking on site. f. Mr Klahr stated that there would be 3-sided buildings with covered roofs on the eastern boundary for R.V. parking. Mr. Klahr also stated that there would be a chain link fence with privacy slabs, business hours would be 7:00 a.m. to 8:00 p.m. and drainage would be retained on site. g. Mr. Mapp asked about the eight of the building structures. h. Mr. Klahr stated that the structures would be 15 feet high. i. Mr. Mapp asked what kind of materials would be used to construct these structures. j. Mr. Klahr stated that the strucfures would be colored using earth tones and would be constructed of inetal. k. Mr. Mapp asked about landscaping. I. Mr. Billingsley stated that staff will review submitted landscaping plans to ensure they meet City's requirements. 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 5.2 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 ANN-152-07 be approved with the following conditions: • 11.1 through11.18 • 12.1 the faculty may conduct business seven days a week from the hours of 7:00 am to 8:00 pm (recommended by Hearing Examiner). • 12.2 the storage units shall have earthtone colors on all sides (Recommended by Hearing Examiner). � > (, • B. Case Number SUB-173P-07 is a request by GLS, LLC and Conger Management Group for preliminary plat approval of Montana Subdivision with 17 residential lots and 3 common lots. The site is located on Montana Ave. between Uvalde St. and Tyler St. Testimony: a. Brian Billingsley, Planning & Zoning Director, presented the staff report. b. Reese Leavitt, applicant's representative submitted a copy of the original plat which was labeled as PZ1000 and a copy of the revised plat which was labeled as PZ1001. Mr. Leavitt also stated that the irrigation would be with Caldwell Irrigation District. c. Vonnie Ivy signed in opposition to the application and stated her concerns for the size of the lots and what would happen to the wildlife after the property was developed. d. Mr. Mapp stated that the lot sizes meet City's requirements and he does not have any jurisdiction regardi'ng wildlife. e. Linda McConnel signed in opposition �fa the application and stated her concerns for the lot sizes, fencing and if there was enough room for children to play in their back yards. f. Mark Ower signed in opposition to the application and stated his concerns for the surrounding property's devaluation. • g. Brian Billingsley then suggested to the applicant that there be a neighborhood meeting held to answer some of these questions. h. Baltazar Garza signed in opposition to the application and stated his concerns regarding an increase in traffic on Tyler St. and Uvalde Ave. i. Brent Orton, City Engineer, stated that there is no traffic study required for this subdivision and that the estimated traffic flow in the surrounding area is 170 vehicle trips per day. j. Mr. Garza then stated his concerns for irrigation. k. Mr. Orton stated that the subdivision would be restricted to use its own water rights for irrigation purposes. I. Mr. Leavitt stated that there had been no neighborhood meeting held but he would be willing to have one. Mr. Leavitt also stated that there would be a fence built along the rim. m. Mr. Mapp asked Mr. Leavitt if there would be any shake shingles on the homes in the proposed subdivision. n. Mr. Leavitt stated that there would not be any shake shingles and that the homes would be single family homes or�ly. Mr. Leavitt also stated that he did not believe that there is any intention to build "starter homes" in the proposed subdivision. o. Mr. Mapp clarified that he has no jurisdiction on the types of homes that are built in any proposed subdivision. p. Mr. Leavitt stated that he believed Tyler St. would be the primary access into the subdivision. Mr. Leavitt also state that the lot size and subdivision does comply with City's zoning regulations and the Comprehensive Plan. • , ,. • q. Mr. Billinqsley then stated that the CitV cannot restrict the types of homes developed and suggested that the developer maybe use subdivision covenants instead. 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 5.2 in the staff report. Findings of Fact: The Hearing Examiner acc�pted the general facts as outlined in the staff report, public testimony, and tlie 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: • 8.1 through 8.7 • 9.1 the applicant shall install a 6 foot privacy fence along the western property line of the subdivision (Recommended by Hearing Examiner). • C. Case Number OA-84-07 is a request by Caldwell's Planning & Zoning Director to adopt an amended zoning map that replaces a map adopted by the City Council on March 7, 2005. Testimony: a. Brian Billingsley, Planning & Zoning Director, stated that the proposed zoning map had been updated with all annexations for the past two years. Mr. Billingsley also stated that there were 30 annexations in 2006, 15 annexations in 2005 and that there are 3 new classifications added to the legend: RS1, RS2, & CC. b. Mr. Billingsley then asked Mr. Mapp if the questionable annexed p�operties should be taken off the map. c. Mr. Mapp stated that the map should be left as it is with no development occurring until the issue is resolved. Public testimony closed — Mr. Mapp closed public testimony. Mr. Mapp approved the proposed zoning map. • V. Planning Issues • 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 THE DATE NOTED BELOW: .�--� _. ,� _..... , � ..�� . '�i` I � ,, j � � � � ATTEST: ,, �`` M. Jerom D e � ,r � , , s; � .---`'"' P anning and Zoning Director i •