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HomeMy WebLinkAbout7-24-2007 HE MINUTES - - — 4 . * � CALDWELL HEARING EXAMINER :�PPRO�/E MINUTES _ _07 July 24, 2007 I. Cali 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 Biilingsley (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 June 26, 2007 meeting. ..�.,,�.��..._.�.....�..�. �.�,�..�.. _�..,�.,,.�� .....H.,...._,�.. • IV. New Business A. Case Number ANN159-07 & SUB/ PUD-178-07, a request by Jean Hoffman, Teleos Partners LLC and Mason and Stanfield for annexation of 11.36 acres into the City of Caldweil with an R-1 Single Family Residential zone, a comprehensive plan map change from Agriculture to Low Density Residential, a development agreement and a preliminary plat/planned unit development for Lincoln Village Subdivision consisting of 51 residential lots and 7 common lots. The site is located north of Lincoln Road and east of North Indiana Road. Testimony: a. Anne Marie Skinner, Senior Planner, presented the staff report and stated that the last sentence in Item #1 on page 8 needs to be removed. Ms. Skinner also stated that Mr. Mapp shali or shall not grant items 11.32 through 11.41 on page 20. b. Rita Earl, applicant's representative, signed in favor of the application and spoke of the numerous amenities that are within the proposed subdivision. Ms. Earl also • stated that Roger with the Caldwell School District stated to her that he has no objections to the proposed subdivision. , * . c. Mr. Mapp asked about the requested reductions in requirements. d. Ms. Earl explained that item 11.32 requests zero lot lines. e. Mr. Mapp stated that technically the proposed homes are duplexes and he asked Ms. Skinner if this complied with Caldwell's square footage requirements. f. Ms. Skinner asked Ms. Earl if the buildings will be connected. g. Ms. Earl answered that yes they would be. h. Ms. Skinner stated that yes it does comply because the buildings will be connected. i. Mr. Mapp asked Ms. Skinner what the square footage requirements are for the city of Caldwell. j. Ms. Skinner stated that the minimum lot square footage is 6,000 square feet. k. Mr. Mapp stated that there is no need for a lot line reduction. I. Ms. Skinner stated that if the intent is to sell structure and land then the property must be split. m. Ms. Earl then explained the following items : • 11.34- requesting a corner lot area from a minimum of 7,500 square feet to a minimum of 6,480 square feet for Lots 2A/26 and Lots 15A/156 of Block 3. • 11.35- requesting a corner lot frontage from a minimum of 75 feet to 70 feet for Lots 2 and 5 of Block 1; Lots 2 and 21 of Block 2. • 11.36- requesting a corner lot frontage from a minimum of 75 feet to 72 feet for Lots 2A/2B and Lots 15A/15B of Block 3. • 11.37- requesting a rear yard setback from 15 feet to 10 feet for Lots 2A through 15B of • Block 3. • 11.38- requesting front yard setbacks from 20 feet to 15 feet for lots with side entry garages. • 11.39- requesting the street side yard setback from 20 feet to 10 feet for Lots 5 and 2 of Block 1; Lots 2 and 21 of Block 2. • 11.40- Requesting the street side yard setback from 20 feet to 6 feet for Lots 2A/2B and Lots 15A/15B of Block 3. • 11.41- requesting a maximum height from 25 feet to 36 feet for all lots. n. Mr. Map stated that he has concerns about the lot dimensions. o. Scott Stanfield signed in favor of the application and spoke of the variances. p. Kelly Milier signed in favor of the application and stated that the intent of the project is to create a feel for a community and open space. q. Mr. Mapp asked Mr. Miller why he wasn't presented with a set of footprints of the subdivision. He also stated that the proposed project could still be done if a couple of lots were eliminated. r. Ms. Skinner then stated that Ms. Earl told her that she would be willing to put together a preliminary plat with footprints if Mr. Mapp would like to continue the case to the following hearing date. s. Mr. Mapp stated that he would like to hear the testimony from the people wha signed up to speak. t. Jason Orth signed in favor of the application but did not wish to speak. • u. Bobbie Bicandi signed in opposition of the application and stated her concerns �. 4 h F L. iJ hn�u chQ'c nninn tm m��io ho� furm auou� ��2r vYa�2r u2�r�y Co� � �pr�� ���s�.., , ���. �, �� ., y .,,, � .., „��., � equipment after traffic increased and whether or not there wouid be another sewer station installed. v. Loren Homstead signed in opposition of the application and did not wish to speak. w. Stephanie Tabor signed in opposition of the application and stated that she agreed with Ms. Bicandi. x. Jerry Tabor signed in opposition of the application and stated that he thought that 4 or 5 homes would be acceptable but not as many as being proposed. y. Charles Paynter signed in opposition of the application and stated his concerns for his water rights. z. Eugene Brasse signed in opposition to the application and did not wish to speak. aa. Dorothy Bicandi signed in opposition to the application and did not wish to speak. bb. Scott Stanfield stated that there would be fencing and he also stated that there would be fewer yards for the owners to take care of and more for the homeowners association. cc. Mr. Mapp stated that this case will be continued to August 28, 2007. Mr. Mapp asked that further information regarding this case be submitted to Anne Marie Skinner no later than 2 weeks prior to the next hearing. This should include footprints of each building on each lot showing how it will fit with the requested deviations. • Public testimony closed — Mr. Mapp closed public testimony with the stipulation that any further testimony will only address the new information being submitted. No new people may sign up to testify at the hearing on August 28, 2007. B. Case Number ANN-146-07 & SUB/PUD-169-07, a request by Landmark Engineering and Planning for annexation of 312.73 acres into the City of Caldweli with an R-1 Single Family Residential zone, a comprehensive plan map designation of Low Density Residential, a development agreement and a preliminary plaUplanned unit development for Lakemont Subdivision consisting of 507 residential lots and 19 common lots. The site is located at the northeast corner of the intersection of Midland Boulevard and Lincoln Road. Testimony: a. Anne Marie Skinner presented the staff report. b. Clint Boyle signed in favor of the application and provided supporting testimony. Mr. Boyle then submitted exhibit PZ-1001 (street layout). He then stated that he didn't think that making Knott lane a collector street necessary. ! Mr. Boyle then went through ali the proposed conditions and explained each of them. � c. Roger Rosdahl signed in opposition and stated his concerns for traffic, , fencing and mosquitoes from ponds within the subdivision. , d. Clay Klinginsmith signed in opposition of the application and stated that he is opposed to the size of the development. e. Julie Klinginsmith signed in opposition of the application and did not wish to speak. f. Shirley Burrows signed in opposition of the application and spoke of how the land in question is good farm land. Ms. Burrows then stated her concerns for her old artesian well and submitted a picture of a old well that was labeled as PZ-1002 and a picture of a dry well that was labeled as PZ-1003. g. Clint Boyle stated that the developer would agree to provide fencing. h. Brent Orton, city engineer, stated his concerns for street section. Public testimony closed — Mr. Mapp closed public testimony. Comprehensive Plan Analysis: Mr. Mapp found that the request was appiicable to the Comprehensive Plan components listed in Sections 5.1 through 5.12 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 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-146-07 & SUB/PUD-169P-07 be approved with the following conditions: • Conditions 11.2 through 11.32 as written • 11.33 through 11..35 • 11.36 states that garages will be 20 feet and frontage may vary in distance between 20 and 10 feet. • 11.37 not accepted • 11.38 accepted • 11.39 stated that there may be a 0 foot side yard set back if the opposite side is a 10 foot set back. • 11.40 accepted • 11.41 applicant must meet the requirements of the cities fire and engineering departments. • 11.42 accepted • 11.43 accepted as determined by Caldwell's fire and engineering departments and may have knuckles in appropriate locations. • • ,�,�� �,.�,�..,�� I C. Case Number ANN-160-07 & SUB/PUD-179-07, a request by Ed Hendershot and Landmark Engineering and Planning for annexation of 59 acres into the City of Caldweil with an R-1 Single Family Residential zone and an R-3 Multi-Family High Density Residential zone; a comprehensive plan map designation of Low Density Residential and High Density Residential; a development agreement; and , a preliminary piat/planned unit development for Cottonwood Creek Subdivision consisting of 179 residential lots and 24 common lots. The site is located at 9352 Highway 20/26, north of Highway 20/26 and east of Knott Lane. Testimony: a. Anne Marie Skinner, Senior Planner, presented the staff report and read exhibit PZ-1000 (a letter from the Highway District) into the record. Ms. Skinner also stated that Dwight Rice withdrew his application creating a second out parcel. Ms. Skinner then stated that items11.33-11.43 shall or shall not be granted by • the Hearing Examiner. Ms. Skinner also presented exhibit PZ-1001 (a road easement), PZ-1002 {renderings ), and PZ-1003 a revised staff report. b. Clint Boyle, applicant's representative, signed in favor of the application and provided supporting testimony. Mr. Boyle then submitted a vicinity map that was labeled as PZ-1004 and a road master plan map that was labeled as PZ-1005. c. Shelly Fisher signed in favor of the application and provided supporting testimony commenting on the price ranges of the homes being proposed. d. Laurie Sanderson stated that she would like fencing on the north and west boundaries of her property. e. Dwight Rice signed in opposition of the application and stated his concerns for his property values dropping and the small size of the lots near his home. Mr. Rice then stated that he is willing to donate land for a 30 foot easement that is required by the city. f. Melissa Rice signed in opposition of the application and stated her similar concerns as Mr. Rice. g. Roger Rosdahl signed in opposition and stated that he would like a fence to the north of the subdivision on the land that borders his property. h. Steve Ethington signed in opposition to the application and stated that he is opposed to the patio homes and opposed to any access to his property whatsoever. Mr. Ethington then stated that his irrigation was cut off and his drainage was ruined also. • i. Scott Ethington signed in opposition to the application and stated his concerns for the lot sizes his irrigation and drainage. • Public testimony closed — Mr. Mapp closed public testimany. Comprehensive Plan Analysis: Mr. Mapp found that the request was applicable to the Comprehensive Plan components listed in Sections 5.1 through 5.12 in the staff report. Findings of Fact on Annexation: The Hearing Examiner accepted the general facts as I 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-160-07 & SUB/PUD-179P-07 be approved with the following conditions: • 11.2 through 11.32 as written • 11.33 shall • 11.34 shall not • 11.35 shall not • 11.36 Shall • • 11.37 shall • 11.38 shall • 11.39 shall not • 11.40 shall • 11.41 shall • 11.42 shall with the city engineering and fire departments approval • 11.43 shail • 12.1 there shall be a fence around Ms. Sanderson's residence and reconfigure Block 3, lots 59, 60 and 61 to meet minimum required 6,000 square foot lots. • 12.2 interior lots of Block 4,5,6, & 7 shall be permitted to be 5,280- 5,285 square feet. V. Planning Issues • VI. Adjournment � � � The Hearing Examiner adjourned the meeting at approximately 12:25 a.m. MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, M. JEROME MAPP, ON THE DATE NOTED BELOW: �� �`� �� � � � , �t� �� ATTEST: M. Jerome pp Dat � � � ' � � Planning and Zoning Director .