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Home My WebLink About2-26-2008 HE MINUTES ,` CALDWELL HEARING EXAMINER MINUTES `�pp� _ � �� February 26, 2008 ��"`��,,� i. Call to Order — Hearing Examiner, Mr. Jerome Mapp, opened the meeting for the pubiic hearing at 7:10 p.m. II. Review of Proceedings — Mr. Jerome Mapp outlined the procedures for the public hearing. Members Present: Anne Marie Skinner (Senior Planner), Brian Billingsley (Planning Director), and Savanna Davis (Administrative Secretary) ill. New Business was moved from last on the agenda to first on the agenda after approval of the minutes. IV. Old Business Mr. Mapp approved the minutes of the December 26, 2007 meeting. V. New Business A. Case Number ANN-170-08 a request by George Thomas for annexation of 0.86 acres with C-2 Community Commercial zoning, a Comprehensive Plan Map designation of Commercial, and a development agreement. The site is located at 4024 S. Florida Avenue. Testimony: a) Anne Marie Skinner, Senior Planner, presented the staff report. b) Clay Brown, applicanYs representative, signed in favor of the application and provided supporting testimony. MR. MAPP CLOSE� THE PUBLLC TESTIMONY. Comprehensive Plan Analysis: Mr. Mapp accepted the comprehensive plan analysis as listed in section 5. Findings of Fact on Annexation: The Hearing Examiner accepted the general facts as outlined in the staff report, pubiic testimony, and the evidence list as a part of the Findings. Conclusions of Law for Annexation: The Hearing Examiner accepted the Conciusions of Law as outlined in the staff report. Order of Decision: The Hearing Examiner recommended that Case Number ANN-170-08 be approved. Vi. Old Business B. (continued from November 27, 2007 and from January 29, 2008) Case Number SUP- 301-07/SUB-168PF-07 a request by Keystone Custom Homes and Roger Branom for a special use permit for an assisted living center in an R-2 Combined Medium Density Residential zone and short plat approval of Keystone Village Subdivision consisting of 3 residential lots and 1 common lot. The site is located at the southeast corner of Florida Avenue and Mariah Court. Testimony: a) Anne Marie Skinner, Senior Planner, presented the staff report and read into the record a letter that was labeled exhibit A-22 and stated a change to the staff report on pg. 5 of 11 at the top of the page. She stated that everything except the first sentence should be deleted. b) Mr. Mapp expressed his concern for traffic congestion in the area, the poplar trees, and the community bathroom layout. c) Roger Branom, applicanYs representative, signed in favor of the application and stated that the community bathroom is for clients that are in need of assistance with bathing. Mr. Branom then stated that the popiar trees could be replaced with a different type of tree. d) Josh Baker signed in favor of the application but did not wish to speak. e) Cory Castagneto signed in favor of the application but did not wish to speak. f} Mr. Mapp stated his concerns for the landscaping plan showing rocks next to shrubbery. MR. MAPP CLOSED THE PUBLIC TESTIMONY Comprehensive Plan Analysis for SUP-301-07: Mr. Mapp accepted the analysis as listed in the Staff Report. Findings of Fact for SUP-301-07: 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. Conciusions of Law for SUP-301-07: The Hearing Examiner accepted the Conciusions of Law as outlined in the staff report. Order of Decision: The Hearing Examiner ordered that Case Number SUP-301-07 is approved with the foilowing canditions: • 8.2 through 8.18 • 8.19 Poplar trees described in the landscaping plan shall be replaced with a different variety of tree. • 8.20 The rock ground cover described in the landscaping plan shail be replaced with mulch and shrubs. Comprehensive Plan Analysis for SUB-168PF-08: Mr. Mapp found that the request was applicable to the Comprehensive Plan components listed in Sections 9.1 & 9.2 in the staff report. Findings of Fact for SUB-168PF-08: 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 SUB-168PF-08: 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-168PF- 08 be approved with the following conditions: • 12.2 through 12.6 • 12.7 Poplar trees described in the landscaping plan shall be replaced with a different variety of tree. • 12.8 The rock ground cover described in the landscaping plan shall be replaced with mulch and shrubs. C. (continued from January 29, 2008) Case Number SUB-'469PF-07 a request by Hibbard Properties LLC for short plat approval of Eagle's Nest Condominiums consisting of 3 existing buildings with 36 existing residential units. The site is located at 1110, 1112, and 1114 Kimball Avenue. Testimony: a. Brian Billingsley, Planning Director, presented the staff report. b. Rita Earl, AppiicanYs Representative, signed in favor of the application and provided supporting testimony. c. Mr. Mapp expressed his concern for parking and assigned parking spaces for each owner. MR. MAPP CLOSED THE 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 for SUB-169PF-07: 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 SUB-169PF-07: 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-169PF- 07 be approved with the following conditions: • 8.2 through 8.8 • 8.9- One parking space shall be assigned per unit and the remaining parking spaces shall be designated as visitor parking. D. (continued from January 29, 2008) Case Number SUP-303-07 a request by Centennial Baptist Church, Tony Van Manen and Jeff Pickrel for a special use permit to operate a classroomidaycare facility. The site is located at 3626 East Ustick Road. Testimony: a. Brian Billingsley, Planning Director, presented the staff report. b. William Van Sickie, applicant's representative, signed in favor of the application and stated that there is currently a daycare/school operating on site through an approved special use permit. c. Mr. Mapp asked how may square feet the proposed building would be. d. Mr. Van Sickle stated that it wouid be approximately 14,000 sq. feet. e. Mr. Billingsley stated that the amended building was 8,000 square feet not 14,000. f. Mr. Mapp then pointed out a correction that needed to be made to the staff report. Section numbers 8.15, 8.16 & 8.17 on page 11 should instead read 8.19, 8.20, and 8.21. g. Sidney Rochlitz signed in favor of the application but did not wish to speak. h. Stanley Windle signed in favor of the application but did not wish to speak. i. James Gipson signed in favor of the application but did not wish to speak. MR. MAPP CL(JSED THE PUBLIC TESTIMONY Comprehensive Plan Analysis: Mr. Mapp found that the request was applicable to the Comprehensive Plan components listed in Section 5.2 in the staff report. Findings of Fact on SUP-303-07: 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 SUP-303-07: The Hearing Examiner accepted the Conclusions of Law as outiined in the staff report. Order of Decision: The Hearing Examiner ordered that Case Number SUP-303-07 is approved with the following conditions: • 8.2 through 8.21 • 8.22 to read that the application is approved for a 14,000- square foot, 2-story building, in addition to the current facilities already existing on site. E. (continued from January 29, 2008) Case Number ANN-168-07/SUB/PUD-187P-07 a request by Ed Hendershot and Scott and Lori Sanderson for annexation of 58.23 acres with R-1 Single Family Residentiai zoning; a comprehensive plan map designation of Low Density Residential; a development agreement; and, a subdivision/planned unit development for Cottonwood Creek Subdivision consisting of 183 buildable lots (1 existing and 182 new) and 22 common lots. The site is located at 9352 Highway 20/26 and 9252 Highway 20/26. Testimony: a. Anne Marie Skinner, Senior Planner, presented the staff report and submitted an aerial photo which was labeled as PZ-1000. b. Todd Lakey, applicant's representative, signed in favor of the application and submitted PZ-1001 a site plan & PZ-1002 an area map. Mr. Lakey then stated that the Knott Lane issue has been addressed and he feels that the problem has been resolved. c. Mr. Mapp asked Mr. Lakey to go through item numbers 12.44 through 12.49 and explain the deviations that are being requested. d. Jed Wyatt signed in favor of the application and stated that the examples of buildings that were submitted may or may not differ from actual buildings that will be built on the lots. e. Ed Hendershot signed in favor of the application and provided supporting testimony. f. Shelly Fisher signed in favor of the application and provided supporting testimony emphasizing on the diversity in the proposed Cottonwood Creek Subdivision. g. Larry Shideler signed in favor of the application and provided supporting testimony. Mr Shideler stated that he owns adjoining property that he hopes to develop in the future. h. Shirley Burrows signed in opposition to the application and expressed her concern for the aensiiy and irafiTic inai in� propo�ed suiiUivisiu�� iiiay �ause. i. Dale Jansen Van Beek signed in opposition to the application and stated his concerns for traffic, access to the proposed application. Mr. Van Beek stated that he does not believe this project to be smart growth at all. j. Dwight Rice signed in opposition to the application and stated that he does agree with the changes that have been made since the last plat was submitted. k. Scott Ethington signed in opposition to the application and stated that he would like to see the ditch be replaced again so that he can have the other 2l3 of his water rights that he previously had. Mr. Ethington then requested that there be a privacy fence instailed. I. Victor Yamamoto signed in opposition to the application and stated that he owns property to the east and his concern for his fence tumbling into the subject property due to the 90 degree angled cuts that have been made into the soil. Mr. Yamamoto then stated that he would aiso like to see a privacy fence along his property line. m. Todd Lakey spoke in rebuttal addressing the opposition's requests and questions. MR. MAPP CLOSED THE PUBLIC TESTIMONY Comprehensive Plan Analysis for ANN-168-07: 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 on ANN-168-07: The Hearing Examiner accepted the general facts as outlined in the staff report, pubiic testimony, Exhibits PZ-1000 and PZ-1001 and the evidence list as a part of the Findings Conclusions of Law for ANN-168-07: 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-168-07 be approved with the foilowing conditions: I • 8.2 & 8.3 �� Comprehensive Plan Analysis for SUB/PUD-187P-07: Mr. Mapp found that the request I ' was applicable to the Comprehensive Plan components listed in Sections 9.1.1 through 9.1.2 in the staff report. � Findings of Fact on SUB/PUD-187P-07: The Hearing Examiner accepted the general '� facts as outlined in the staff report, public testimony, Exhibits PZ-1000 and PZ-1001 and !� the evidence list as a part of the Findings ! Conclusions of Law for SUB/PUD-187P-07: The Hearing Examiner accepted the I ' Conclusions of Law as outlined in the staff report. ', Order of Decision: The Hearing Examiner recommended that Case Number SUB/PUD- 187P-07 be approved with the following conditions: • 12.1 through 12.43 • the numbering in conditions 12.5 through 12.43 needs to be modified as number 12.4 is missing. • 12.44 - granted • 12.45- granted • 12.46- granted • 12.47- granted • 12.48- granted • 12.49- granted • 12-50- to read: no structure or driveway may be in the vision triangle. • 12.51 Mr. Ethington is to be provided with a privacy fence. VII. Planning Issues VIII. Adjournment The Hearing Examiner adjourned the meeting at approximately 9:45 p.m. MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, M. JEROME MAPP, ON THE D�TE NOTEp�,,B ELOW: � o�`"�,� ;';'% ;� � 1' f .r � ,) �` � �'; ✓� �.,�...,�'r` " �` ��: ATTEST: `" ;,� �°-- � - , , � �': �' M. Jercy�`ie Mapp Date � . � Planning and Zoning Director