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Home My WebLink About9-27-2005 HE MINUTES i CALDWELL PUBLIC HEARING BEFORE HEARING EXAMINER MINUTES September 27, 2005 i. Call to Order — Hearing Examiner, M. Jerome Mapp, opened the meeting for the public hearing at 7:07 p.m. II. Review of Proceedings — Mr. Jerome Mapp outlined the procedures for the public hearing. Members Present: Gian Paolo Mammone (Community Development Director), Debbie Geyer (Specialist), Melodie Halstead (Associate Planner), Ben Weymouth (Assistant Engineer) and Brent Orton (Engineering Department). III. Old Business IV. Hearings — A. Case No. SUP/PUD-252-05, a request by the First Southern Baptist Church for special use permit approval (planned unit development) to allow a church within an R-1 (Single Family Residential) zone. The site is located at 912 West Linden Street. Testimony: Melodie Halstead, Planner, presented the staff report. Ben Weymouth, Assistant City Engineer, presented facts concerning the application. Larry Silver, testified in favor. Pastor Earl Lowen, Applicant, testified in favor. Dennis Montgomery, Applicant Representative, testified in favor. Robert & Geraldine Hall, signed in favor, but chose not to speak. Bruce Boster, signed in favor, but chose not to speak. Eugene England, requested that the cottonwoods planted on the property line between his property and the churches property remain. Ron McConnell, testified in opposition. Ken Waddle, testified in opposition. Jerome Mapp noted that the opposition testimony was mainly neutral. Public testimony closed — Mr. Mapp closed public testimony. NOTE: See order of Decision for complete testimony or contact Community Development Department for audio tapes of the hearing. Comprehensive Plan Analysis: Mr. Mapp found that the request was applicable to the following Comprehensive Plan components: Property Rights — Goal, Objective B and Policy 1; Special Areas or Sites Component — Goal, Objectives A and B; School Facilities and Transportation — Goal and Policy 1; Economic Development — Goals I; Natural Resources — Objective B, Policies 5 and 7; Public Services, Utilities and Facilities — Goal I, Objective B and Policy 1; Transportation — Goals Applicable to Circulation — I, I II and Objective A. Findings of Fact on Case No. SUP/PUD-252-05: The Hearing Examiner accepted the general facts as outlined in the staff report, public testimony, and Exhibits PZ-1 — PZ-8 (Sing In Sheets) as a part of the Findings. Conclusions of Law on Case No. SUP/PUD-252-05: The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. Order of Decision on Case No. SUP/PUD-252-05: The Hearing Examiner approved Case No. SUP/PUD-252-05 with the conditions outlined in the staff report. ......................................................................... B. Case No. SUP-253-05, a request by Legacy Wireless Services for special use permit approval to allow for wireless communication facilities to attach on an existing chimney structure located on the Sears Building. The site is generally located at 524 E. Cleveland. Testimony: Debbie Geyer, Specialist, presented the staff report. Cameron McFadden, ApplicanYs Representative, testified in favor. Public testimony closed — Mr. Mapp closed public testimony. NOTE: See order of Decision for complete testimony or contact Community Development Department for audio tapes of the hearing. Comprehensive Plan Analysis: Mr. Mapp found that the request was applicable to the following Comprehensive Plan components: Property Rights — Goal, Objectives A and C; School Facilities and Transportation — Goal and Policy 1; Land Use — Goals I, IV; Objectives Applicable to All Land Uses — A and B; Natural Resources — Goals I, II, III, IV and Objective B; Public Services, Utilities and Facilities — Goals I, II, Objectives A, B, C, F, Policies 2 and 3. Findings of Fact on Case No. SUP-253-05: The Hearing Examiner accepted the general facts as outlined in the staff report and public testimony as a part of the Findings. Caldwell Hearing Examiner Minutes — September 27, 2005 Conclusions of Law on Case No. SUP-253-05: The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. Recommendation on Case No. SUP-253-05: The Hearing Examiner approved Case No. SUP-253-05 with the conditions outlined in the staff report. Public Hearing Closed - Mr. Mapp closed the public hearing. ......................................................................... C. Case No. SUB-122P-05, a request by Combs Land and Development for preliminary plat approval of Cirrus Pointe Subdivision that consists of 373 residential lots and 42 common area lots within 5 phases on 162 acres in an R-1 (Single Family Residential) zone. The site is generally located on the west side of Indiana Street at the intersection of Indiana and Orchard Avenue. Testimony: Melodie Halstead, Planner, presented the staff report. Brent Orton, Associate Engineer, presented facts concerning the staff report. Ben Weywouth, Assistant Engineer, presented facts concerning the staff report. Gian Paolo Mammone, Community Development Director, presented facts concerning the staff report. Todd Lakey, Applicant Representative, testified in favor and presented Exhibit PZ-1001 (Color Rendering for Entire Development). Toni Elordi, Applicant, signed in favor, but chose not to speak. Reese Leavitt, Applicant Representative, signed in favor, but chose not to speak. Mike Bruett, signed in support, but chose not to speak. Edward G. Jenkins, testified in neutral. Chris Garman, testified in opposition and presented Exhibit PZ-1000 (Annexation Map). Robert Jenkins, testified in opposition. William Jenkins testified in o osition. , pP Public testimony closed — Mr. Mapp closed public testimony. NOTE: See order of Decision for complete testimony or contact Community Development Department for audio tapes of the hearing. Comprehensive Plan Analysis: Mr. Mapp found that the request was applicable to the following Comprehensive Plan components: Property Rights — Goal, Objective B and Policy 1; School Facilities and Transportation — Goal and Policy Ca�dwell Hearing Examiner Minutes — September 27, 2005 1; Economic Development — Goal; Land Use — Goal, Objectives A and C; Natural Resources — Goal, Objectives A, C and Policy 1; Public Services, Utilities and Facilities — Goal, Objectives A, B, C, D, Policies 1, 2, 3, 5 and 7; Transportation — Goal, Objectives A, B, C, Policies 2 and 5; Hazardous Areas Component — Goal, Objectives A, B and Policy 2; Recreation — Goal, Objective A and Policy 3; Community Design — Goal, Objectives A, B, C, E, G, Policies 1, 2, 3, 5, 6, 8, 9, 10 and 11. Findings of Fact on Case No. SUB-122P-05: The Hearing Examiner accepted the general facts as outlined in the staff report, public testimony and Exhibits PZ- 1000 (Annexation map) and PZ-1001 (Color Rending Entire Development) as a part of the Findings. Conclusions of Law on Case No. SUB-122P-05: The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. Recommendation on Case No. SUB-122P-05: The Hearing Examiner approved Case No. SUB-122P-05 with the conditions outlined in the staff report. Public Hearing Closed - Mr. Mapp closed the public hearing. ......................................................................... D. Case No. OA-70-05, a request by the Caldwell Community Development Department to amend the City Code Sections 04-01-97(7)A, 04-07-35(1), 07-01- 09(1)B, 10-09-11(4)B, 11-02-04(5)D, 11-02-04(7), 11-02-06(1), 11-02-07(4)(B), and 12-17-06 regarding final plat applications; clarifying acceptable financial guarantee (bonding) practices for incomplete subdivision improvements; and providing for the city to withhold some building permits until improvements are complete. Testimony: Debbie Geyer, Specialist, presented the staff report. Ben Weymouth, Assistant City Engineer, presented facts concerning the staff report. Public testimony closed — Mr. Mapp closed public testimony. NOTE: See order of Decision for complete testimony or contact Community Development Department for audio tapes of the hearing. Findings of Fact on Case No. OA-70-05: The Hearing Examiner accepted the general facts as outlined in the staff report and public testimony as a part of the Findings. Conclusions of Law on Case No. OA-70-05: The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. Recommendation on Case No. OA-70-05: The Hearing Examiner approved Case No. OA-70-05 with the conditions outlined in the staff report. Caldwell Hearing Examiner Minutes — September 27, 2005 Public Hearing Closed - Mr. Mapp closed the public hearing. ......................................................................... V. Adjournment: The Hearing Examiner adjourned the meeting at approximately 8:20 p.m. MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, M. JEROME MAPP, ON THE DATE NOTED BELOW: i / /� �'� � � ATTEST: . app D te ��- Community Development Director Caldwell Hearing Examiner Minutes — September 27, 2005