HomeMy WebLinkAbout6-26-2007 HE MINUTES �
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. CALDWELL HEARING EXAMINER A�P�touE�
MINUTES �Q-�-..
June 26, 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), Anne Marie Skinner
(Senior Planner), Savanna Davis (Secretary), Brent Orton (Engineering
Department).
III. Old Business
A. Mr. Mapp approved the minutes of the April 24, 2007 meeting.
B. (continued from 4-24-2007) Case Number S�1��-172P-07, a request made by
Dyver Development, LLC; Aldon Harshman; �Fiighland Development, LLC; and
Bailey Engineering for the preliminary plat approval of Pennsylvania Park
Subdivision with 254 residential lots and 19 common lots. This site is located at
1704 KC I D Rd.
� Testimony:
a. Anne Marie Skinner, Senior Planner, presented the staff report.
' b. Mr. Mapp asked if the applicant met the square footage requirements on
the corner lots.
c. Ms. Skinner stated that the square footage requirements were not yet met
and would have to be met before this case went to City Council.
d. Mr. Mapp asked if there had been a traffic study and if the applicant had
met engineering's requirements.
e. Mr. Orton stated that yes they had and the information was in
engineering's comments.
f. Kent Brown, applicant's representative, signed in favor and provided
supporting testimony.
g. Mr. Mapp stated his concerns for the chemicals stored at the property
adjacent to 1704 KCID Road.
h. Mr. Brown stated that Doug Brown of the Fire Department doesn't yet
know if the concerns about the said chemicals are valid.
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 5.8 in the
• staff report and were accepted.
� Findings of Fact: The Hearing Examiner ac�e�it'ed fhe 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-172P-07 be approved with the following conditions: _
• 8.2 to 8.13 as stated in the staff report with the change to 8.13 that all i
requirements of the Fire Department and Building Department shall be
met. "��°
• 9.1 minimum requirements for a 4-plex�in' an R-3 zone.
• 9.2 minimum requirements for corner lot setbacks.
N. New Business
D. Case Number SUP-292-07, a request made by Jose and Sandra Zavala for
special use permit to operate a day care facility at a site in and R-1( Single
Family Residential) zone, The site is located at=3404 Colorado Avenue.
Testimony:
. a. Anne Marie Skinner, Senior Planner, presented the staff report.
b. Sandra Zavala, Applicant, signed in favor and provided supporting
testimony.
c. Mr. Mapp stated his concerns for fencing, whether or not there was a dog
on the property, what the hours of operation would be, the age groups of
the children that would be attending this facility, parking and when the
children would be allowed outside.
d. Ms. Zavala stated that there is an existing chain link fence:in place, she
does not own a dog, the hours of operation would be 5 a.m. to 5 p.m., the
age groups of the children that would attend are 8 weeks to 10 years old,
the parents would park in the driveway and the children would be allowed
outside once in the morning around 9:30 to 11:30 and once in the
afternoon around 3:00.
e. Mr. Mapp asked Ms. Skinner if this application is compliant with the
square footage requirements.
f. Ms. Skinner stated yes the application is compliant with the requirements
for square footage.
g. Patrick Graves signed in opposition to ,the application and stated his
concerns for his property value dropping and the noise level of the
children while outside.
h. Machelle Siegel signed in opposition to the application and stated her
concerns for her property value dropping and the noise level of the
children while outside.
• i. Monte Kirkhart signed in opposition and stated his concerns for noise.
�, flahra ��/alch ci?nerl in �nnn�iti�n anci st�t�d her concerns for the noise
levels of the children while outside.
� k. Mr. Mapp asked Ms. Zavala how many children she is providing care for
currently.
I. Sandra Zavala stated that she has four children of her own and four
children that she is currently cari�g for: °' `.' •
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 5.1.1 through 5.1.6 in '
the staff report and were accepted.
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. ';`;,ii ,
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-292-
07 is denied.
B. Case Number ANN-158-07, a request macle �y- Larry and Sandra Corn, Land
• Associates and Landmark Engineering for annexation of 56.68 acres into the City
of Caldwell with an R-1 Single Family Residential zone classification, a
development agreement and a comprehensive plan map designation of Low
Density Residential. The site is located at 20666 Middleton Road.
Testimony:
a. Brian Billingsley, Planning Director, presented the staff report.
b. Clint Boyle, applicant's representative, provided supporting testimony and
stated that this annexation will link several projects in the area that are
waiting on a sufficient annexation path. Mr: Boyle submitted a vicinity map
that was labeled as exhibit PZ-1000.
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 5.1.5 in
the staff report.
Findings of Fact on Annexation: The Hearing Examiner accepte:d the general
facts as outlined in the staff report, public testimony, and the evidence list as a
part of the Findings. ,
Conclusions of Law for Annexation: 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-158-07 be approved with the following conditions:
■ Conditions 8.1 through 8.9 as written
■ The Development Agreement must be part of the Annexation.
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C. Case Number ANN-149-07, a request made by Stanley Consultants for annexation
of 429.09 acres of land into the City of Caldwell with 279.42 acres as R-1 Single
Family Residential, 110.37 acres as R-3 Multi-Family High Density Residential, 12.66
acres as C-1 Neighborhood Commercial, and 26.64 acres as C-3 Service
Commercial, a development agreement and comprehensive plan map :designation of
Low Density Residential, High Density Residential and Commercial. The site is
located at the southeast corner of Highway 20/26 and Knott Lane, north of Ustick
Road and west of Madison Road. , '
I . . . . �:'!.Y '. ' � ...
Testimony:
a. Brian Billingsley, Planning Director, presented the staff report.
b. Wendy Kirkpatrick, applicant's representative, signed in favor and
provided supporting testimony stating that this project would include
mixed uses, a school site, a park center and 10 acres of trails.
• c. Dwight Rice, signed in neutral and provided testimony stating his
concerns for access onto Highway 20/26 and traffic increases.
d. Mr. Mapp stated his concerns for the C-3 zoning being to harsh of a
zoning designation. .
e. Ms. Kirkpatrick then stated that there would be no heavy use for this
property.
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 5.1.1 through 5.1.5 in
the staff report. ,
Findings of Fact on Annexation: 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 on Annexation: 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-149-07 be approved with the following conditions:
• 8.1 & 8.2 through 8.9
• • 9.1 the following uses are not permitted:.
p nnrfiahla lah `. `,
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o boarding house
� o build repair
o sales
o new/used
o auto storage
o cabinetry
o building supply outlet
o dance hail
o drive in theatre ,
o farm equipment
o frozen food locker
o kennel
o furnishing refinishing
o mortuary
o R.V. park
o sheet metal fabrication
o shop for contractor
o sign shop
o trailer/ mobile home sales
o mini storage( with special use permit)
o equipment rental ( with special use permit)
• D. Case number ANN-147-07 & SUB-170P-07, a request made by Landmark
Engineering & Planning for annexation of 8.09 acres of land into the City of
Caldwell with R-1 Single Family Residential zoning and preliminary plat approval
of Eagle Rock Subdivision #2 with 23 residential lots and 1 common lot. The site
is located on the west side of Midland Road, approximately '/2 �mile north of
Highway 20/26.
Testimony:
a. Anne Marie Skinner, Senior Planner presented the staff report.
b. Lenny Riccio, applicant's representative, signed in favor, submitted a
preliminary plat labeled as PZ-1000, a site plan labeled as PZ-1001,
and a vicinity map labeled as PZ-1002 and provided supporting
testimony stating that this plat is just supplementary to the original
Eagle Rock Subdivision.
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 5.1.1 through 5.1.2 in
the staff report and were accepted.
• Findings of Fact: The Hearing Examiner accepted the general facts as outlined
in the �taff 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. !" 1
Order of Decision: The Hearing Examiner recommended that Case Number
ANN-147-07 be approved with the following conditions:
• 8.1 through 8.2 as written �,
Order of Decision: The Hearing Examiner recommended that Case Number
SUB-170P-07 be approved with the following conditions:
• 11.1 through 11.31 as written
V. Planning Issues
VI. Adjournment
The Hearing Examiner adjourned the meeting at approximately 9:03 pm.
MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, M. JEROME
• MAPP, ON THE DATE NOTED BELOW:
� 2 � ATTEST:
M. Jerome Ma D te
ti
Planning and Zoning Director
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