HomeMy WebLinkAbout9-23-2008 HE MINUTES CALDWELL HEARING EXAMINER
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September 23, 2008
I. Call to Order — Hearing Examiner, Mr. Jerome Mapp, opened the meeting for the public 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),
Brent Orton (City Engineer) and Savanna Davis (Administrative Secretary) '
III. Old Business I
Mr. Mapp approved the minutes of the August 26, 2008 meeting.
IV. New Business
A. Case Number SUB-151E-06 a request by BC Landholdings Inc. and Landmark
Engineering and Planning for a one-year time extension and phase division from 6
phases to 15 phases for the Marble Creek preliminary plat. The site is located on the
south side of Marble Front Road and the west side of KCID Road.
Testimony:
a) Anne Marie Skinner, Senior Planner, presented the staff report and submitted
an aerial map labeled as exhibit PZ-1000.
b) Jed Wyatt, applicanYs representative, signed in favor of the application and
provided supporting testimony.
MR. MAPP CLOSED THE PUBLIC TESTtMONY.
Comprehensive Plan Analysis: Mr. Mapp accepted the comprehensive plan analysis as
listed.
Findings of Fact for SUB-151E-06: The Hearing Examiner accepted the general facts as
outlined in the staff report, public testimony, and the evidence list as presented.
Conclusions of Law for SUB-151 E-06: The Hearing Examiner accepted the Conclusions
of Law as outlined in the staff report.
Order of Decision to time extension: The Hearing Examiner ordered that the time
extension in Case Number SUB-151E-06 is approved.
Hearing Examiner Minutes Page 1 of 4
Meeting on August 26, 2008
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Recommendatian to phase division: The Hearing Examiner recommended that the
phasing plan in Case Number SUB-151E-Q6 be approved with the following conditions of
approvaL
• 9.1 through 9.3
• 9.4 A phasing pian be submitted before the case goes to City Council.
B. Case Number ZON-62-08 a request by Carrington Company and Thomas Kraus
for a rezone of 9.56 acres from C-1 Neighborhood commercial to C-2 Community
Commercial and a development agreement. The site is on the south side of Ustick
Road and he ide of 10' Avenue.
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Testimony:
a) Anne Marie Skinner, Senior Planner, presented the staff report and submitted
an aerial photo labeled as exhibit PZ-1000.
b) Thomas Kraus, applicant, signed in favor of the application and provided
supporting testimony.
MR. MAPP GLOSED THE PUBLIC TESTIMONY.
Comprehensive Plan Analysis: Mr. Mapp accepted the comprehensive plan analysis as
listed.
Findings of Fact for ZON-62-08: The Hearing Examiner accepted the general facts as
outlined in the staff report, public testimony, and the evidence list as presented.
Conclusions of Law for ZON-62-08: The Hearing Examiner accepted the Conclusions of
Law as outlined in the staff report.
Recommendation: The Hearing Examiner recommended that Case Number ZON-62-08
be approved with the following conditions:
• 8.2 through 8.14.
C. Case Number SUP-318-08 a request by Raquel Olvera for a special use permit
to operate a child care center in an R-3 High Density Residential zone. The site
th
is addressed as 824 N. 7 Avenue and is north of Galveston Street, south of
Frontage Road and east of North 7' Avenue.
Testimony:
a) Brian Billingsley, Planning Director, presented the staff report and submitted an
aerial photo labeled as PZ-1000.
b) Raquel Olvera, applicant, signed in favor of the application and provided
supporting testimony.
MR. MAPP CLOSED THE PUBL{C TESTIMONY.
Hearing Examiner Minutes Page 2 of 4
Meeting on August 26, 2008
Comprehensive Plan Analysis: Mr. Mapp accepted the comprehensive plan analysis as
listed.
Findings of Fact for SUP-318-08: The Hearing Examiner accepted the general facts as
outiined in the staff report, public testimony, and the evidence list as presented.
Conclusions of Law for SUP-318-08: 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-318-08 is
approved with the conditions as outlined in the staff report.
D. Case Number SUP-319-08, a request by TayCor Development LLC and Willow Falis
Development LLC for special use permit approval for a fitness facility in a C-1
Neighborhood Commercial zone. The site is addressed as 2621 S.10� Avenue, Suite
#102.
Testimony:
a) Anne Marie Skinner, Senior Planner, presented the staff report and submitted
an aerial photo labeled as PZ-1000.
b) Kieth Bradshaw, applicanYs representative, signed in favor of the application
and provided supporting testimony.
MR. MAPP CLOSED THE PUBLIC TESTIMONY.
Comprehensive Plan Analysis: Mr. Mapp accepted the comprehensive plan analysis as
listed.
Findings of Fact for SUP-319-08: The Hearing Examiner accepted the general facts as
outlined in the staff report, public testimony, a�d the evidence list as presented.
Conclusions of Law for SUP-319-08: 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-319-08 is
approved with the following conditions:
• 8.1 through 8.11
E. Case Number SUP-317-08 a request by Chad & Melinda McDaniel for a special use permit
to exceed the number of farm animals allowed within City limits. The site is addressed as
1109 W. Ustick Rd. and is located on the south side of Ustick Road approximately 184 feet
east of Farmway Road.
Hearing Examiner Minutes Page 3 of 4
Meeting on August 26, 2008
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Testimony:
a) Anne Marie Skinner, Senior Planner, presented the staff report and submitted
an aerial photo labeled as PZ-1000.
b) Chad McDaniel, applicant, signed in favor of the application and provided
supporting testimony.
MR, MAPP CLOSED THE PUBLIC TESTIMONY.
Comprehensive Plan Analysis: Mr. Mapp accepted the comprehensive plan analysis as I
listed.
Findings of Fact for SUP-317-08: The Hearing Examiner accepted the general facts as
outlined in the staff report, public testimony, and the evidence list as presented.
Conclusions of Law for SUP-317-08: 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-317-08 is
approved with the following conditions:
• 8.2 thraugh 8.14
• with condition 8.12 changed to read that there shall be a limit of 100 animals
I
VII. Planning Issues
VIIi. Adjoumment
The Hearing Examiner adjourned the meeting at approximately 8:00 p.m.
MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, M. JEROME MAPP, ON
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Hearing Examiner Minutes Page 4 of 4
Meeting on August 26, 2008
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