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Home My WebLink About11-22-2005 HE MINUTES � CALDWELL PUBLIC HEARING BEFORE HEARING EXAMINER MINUTES November 22, 2005 I. Call to Order — Hearing Examiner, M. 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 pubiic hearing. Members Present: Melodie Halstead (Associate Planner), Brian Billingsley (Senior Planner) Jacqueline Hernandez (Planning Technician) and Brent Orton (Engineering Department). III. Old Business IV. Hearings — A. CASE NUMBER SUP-255-05, a request by the City of Caldwell for special permit approval to allow the construction of a municipal well including wireless control and data collection, backup power supply, and a well house. The site is located at 1501 KCID Road. Testimony: Melodie Halstead, Planner, presented the staff report. Ben Weymouth, Engineer Representative, presented facts concerning the application. 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 1; Land Use — Goal; Objectives Applicable to All Land Uses — A; Transportation — Goal and Objective A; Transportation — Goal and Objective A; Public Services, Utilities and Facilities — Goal, Objectives A and B. Findings of Fact on Case No. SUP-255-05: 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. SUP-255-05: The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. Order of Decision on Case No. SUP-255-05: The Hearing Examiner approved Case No. SUP-255-05 with the conditions outlined in the staff report. ......................................................................... B. CASE NUMBER SUB/PUD-126P-05 (Aspen Park), a request by James R. Wylie for preliminary plat approval of 36 residential lots accommodating 108 multi- family units and five common lots in a C-3 (Service Commercial) zone. The site is located on Laster Lane, approximately '/� mile east of the Lake Avenue and Laster Lane intersection and adjacent to the east boundary of Charmae Springs. Testimony: Melodie Halstead, Planner, presented the staff report. Rita Earl, Applicant's Representative, testified in favor and presented PZ-1000, PZ-1001 and PZ-1002. 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 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; Housing — Goal, Objective E and Policy 7. Findings of Fact on Case No. SUB/PUD-126P-05: The Hearing Examiner accepted the general facts as outlined in the staff report, public testimony and Exhibits PZ-1000, PZ-1001 and PZ-1002 as a part of the Findings. Conclusions of Law on Case No. SUB/PUD-126P-05: The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. Recommendation on Case No. SUB/PUD-126P-05: The Hearing Examiner approved to deny Case No. SUB/PUD-126P-05 with the conditions outlined in the staff report. Public Hearing Closed - Mr. Mapp closed the public hearing. ......................................................................... C. To hear concurrently Case Numbers ANN-104-05 and SUB/PUD-127P-05 (Dakota Crossing), requests by Landmark Engineering for annexation of approximately 38.14 acres zoned as follows: 4.96 acres as C-2 (Community Commercial) zone, 8.27 acres as R-3 (Multiple-Family Residential) zone, and 24.91 as R-1 (Single-Family Residential) zone to include a development Caldwell Hearing Examiner Minutes — November 22, 2005 . � agreement. The application also includes preliminary plat approval of 116 residential lots, 10 commercial lots, and 10 common lots. The site is located on the north side of Karcher Road, approximately 2,300 feet east of Lake Avenue. Testimony: Melodie Halstead, Planner, presented the staff report. Clint Boyle, Applicant Representative, testified in favor and presented Exhibits ' PZ-1000 and PZ-1001. T. J. Angstman, Applicant, signed in favor but chose not to speak. 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, B and Policy 1; School Facilities and Transportation — Goal and Policy 1; Economic Development — Goal and Objective A; Land Use — Goal; Objectives Applicable to All Land Uses — A, Objectives Applicable to Residential Land Use; Natural Resources — Policy 1; Public Services, Utilities and Facilities — Goal; Objectives A, B, C, D, Policies 2, 6 and 7; Transportation — Goal, Objectives A, B and C; Housing — Goal, Objectives E and Policies 7; Community Design — Goal, Objectives A, E, Policies 1, 2, 6, 9 and 10. Findings of Fact on Case No. ANN-104-05 (TO INCLUDE THE ; DEVELOPMENT AGREEMENT): The Hearing Examiner accepted the general facts as outlined in the staff report, public testimony and Exhibits PZ-1000 and PZ-1001 as a part of the Findings. Conclusions of Law on Case No. ANN-104-05: The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. Recommendation on Case No. ANN-104-05 (TO INCLUDE THE DEVELOPMENT AGREEMENT): The Hearing Examiner approved Case No. ANN-104-05 with the conditions outlined in the staff report. Findings of Fact on Case No. SUB-127P-05: The Hearing Examiner accepted the general facts as outlined in the staff report, public testimony and Exhibits PZ- 1000 and PZ-1001 as a part of the Findings. Conclusions of Law on Case No. SUB-127P-05: The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. Recommendation on Case No. SUB-127P-05 The Hearing Examiner approved Case No. SUB-127P-05 with the conditions outlined in the staff report. Public Hearing Closed - Mr. Mapp closed the public hearing. Calclwoil HeariFlg Examiner Minutes — November 22, 2005 ......................................................................... D. To hear concurrently Case Numbers ANN-105-05 and SUB-128P-05 (Canyon View Estates), requests by Landmark Engineering for annexation of approximately 24.38 acres as an R-1 (Single Family Residential) zone to include a development agreement. The application also includes preliminary plat approval of 84 residential lots and 10 common lots. The site is located approximately '/4 mile east of the southeast intersection of Lake Avenue and Karcher Road. Testimony: Melodie Halstead, Planner, presented the staff report. Clint Boyle, Applicant Representative, testified in favor and presented Exhibits PZ-1000. Evelyn Adams - testified in neutral. Bob Goodwin - testified in neutral. Norman Baker - testified in 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, Objectives A, B, C, D and Policy 1; Special Areas or Sites Component - Goal; School Facilities and Transportation - Goal, Objective A, Policies 1, 2 and 3; Economic Development - Goals I, II, III, IV, V, Objectives A, F, Policies 1, 3 and I 4; Land Use - Goals I, II, III, IV, V, VI, Objectives Applicable to All Land Uses - ! A, B, Objectives Applicable to the Area of City Impact - A, B, D, F, G, Objectives ' Applicable to Residential Land Use - A, C, Policies for the Area of City Impact - 3, 4, 5, 6, 7, 8, Policies for Residential Use - 3 and 5; Natural Resources - Goals I, II, III, IV, Objectives A, B, C, Policies 1, 2, 3, 4, 5, 8, 9, 10, 11 and 12; Hazardous Areas Component - Goal, Objectives A, B, C, Policies 2 and 3; Public Services, Utilities and Facilities - Goals I, II, Objective A, B, C, Policies 1, 2, 3, 4, 5, 6 and 7; Transportation - Goals Applicable to Circulation I, II, III, IV, Goals I Applicable to Public Transportation - II, III, IV, Goals Applicable to Functionally Classified Road Map - I, II, Objectives A, B, C, D, F, Polices 1, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, Policies Five Square Mile Area - 7; Parks, Recreation, and Open Space - Goal, Objectives A, B, C, D, E, G, Policies 1 and 3; Housing - Goal, Objectives A, B, C, E, Policies 1, 2, 3 and 7; Community Design - Goal, Objectives A, B, C, E, F, G, H, Policies 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10; Public ', Safety Component - Goals I, I I, Objectives A, B, Policies 1, 2, 3, 4, 5, 6, 7, 8, 9, and 11. Caldwell Hearing Examiner Minutes - November 22, 2005 Findings of Fact on Case No. ANN-105-05: The Hearing Examiner accepted the general facts as outlined in the staff report, public testimony and Exhibit PZ- 1000 as a part of the Findings. Conclusions of Law on Case No. ANN-105-05: The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. Recommendation on Case No. ANN-105-05 (TO INCLUDE A DEVELOPMENT AGREEMENT): The Hearing Examiner approved Case No. ANN-105-05 with the conditions outlined in the staff report. Findings of Fact on Case No. SUB-128P-05: The Hearing Examiner accepted the general facts as outlined in the staff report, public testimony and Exhibit PZ- 1000 as a part of the Findings. Conclusions of Law on Case No. SUB-128P-05: The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. Recommendation on Case No. SUB-128P-05: The Hearing Examiner approved Case No. SUB-128P-05 with the conditions outlined in the staff report. Public Hearing Closed - Mr. Mapp closed the public hearing. ......................................................................... V. Adjournment: The Hearing Examiner adjourned the meeting at approximately 10:26 p.m. MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, M. JEROME MAPP, ON THE DATE NOTED BELOW: i ATTEST: M. Jerome Mapp Date Community Development Director Caldwell Hearing Examiner Minutes — November 22, 2005