HomeMy WebLinkAbout3-10-2009 HE MINUTES , �„�
CALDWELL HEARING EXAMINER
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March 10, 2009 �°° �^05-%. `
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I. Call to Order — Hearing Examiner, Mr. Jerome Mapp, opened the meeting for the public
hearing at 7:02 p.m.
II. Review of Proceedings — Mr. Jerome Mapp outlined the procedures for the public
hearing.
III. Members Present:, Brian Billingsley (Planning Director), Brent Orton (City Engineer)
and April Cabello (Planning Technician)
IV. Old Business:
A. Mr. Mapp approved the Minutes of the January 27, 2009 meeting as signed on
February 20, 2009 by Hearing Examiner Mapp.
V. New Business:
A. Case Number SUP-323-09 a request by Grace Community Church dba Living Water
Worship Center and Eldorado Development for a Special Use Permit for a Church in an
R-1 Low Densiry Residential zone. The site is located on the west side of South 10"'
Avenue approximately 180 feet north of Pat Lane.
Testimony:
1. Brian Billingsley, Planning Director, presented the staff report and submitted
an aerial map labeled as exhibit PZ-1000.
2. Mr. Mapp asked Mr. Billingsley if the City received a letter or document this
week regarding covenant issues.
3. Mr. Billingsley stated they received a phone call regarding a deed restriction
and also stated this deed restriction is enforceable in the court of law and is
not to be considered as part of the special use permit hearing and it would be
a civil issue handled in the court of law.
4. Mr. Mapp stated he wanted it noted on record that the deed restriction was
discussed and it is a civil matter.
5. Steve White, applicant's representative, provided supporting testimony and
stated they received signatures from all the neighbors except for one
individual, whom is at the hearing and signed up to speak. Mr. White stated
he felt all issues have been resolved. Mr. White submitted the list of names
and the legal description labeled as exhibit PZ-1001.
6. Mr. Mapp stated tnere had been no changes to the application but staff had a
change to the landscaping plan.
7. Mr. White stated that he agreed.
8. Mr. Billinglsey stated the applicant had not submitted the revised
landscaping plan but that it is a condition of approval that the approved
Iandscaping plan be submitted before a building permit is granted on this
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9. Roger Gibson signed in favor of the application, and stated this special use is
a great asset for all residents in the area.
Hearing Examiner Minutes Page 1 of 3
Meeting on March 10, 2009
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10. Fae Gee signed in favor of the application but did not wish to speak.
11. Donald Gee signed in favor of the application but did not wish to speak.
12. Pastor James Dunn signed in favor of the application but did not wish to
speak.
13. Tim Rosandick signed in opposition of the application and stated he
submitted, to Anne Marie Skinner, a copy of the restricted deed. Mr.
Rosandick stated that at the time the property was sold the proposed buyer of
the property asked to have the deed restriction waived and he declined to do
so in hope the City would not take any action regarding the special use
permit application while the restricted deed remains an issue. Mr. Rosandick
stated he is in the position to sign off on the deed restrictions if the conditions
listed in a letter dated October 13, 2003 are met. Mr. Roasndick then
submitted this letter to staff.
14. Mr. Mapp explained to Mr. Rosandick the conditions of the letter are
conditions between two parties and that he cannot add the conditions of the
letter to the special use application because this is a civil issue between
property owners.
15. Mr. Rosandick clarified with Mr. Mapp that this is an issue between the two
private parties and the City is not to be involved and stated that he had a
meeting with the applicant and representative and there was a general
agreement that the conditions would be met.
16. Mr. Mapp answered yes that is correct and Mr. White may issue his rebuttal
and concur at that time and will be on record.
17. Mr. White spoke in rebuttal and stated he does concur with Mr. Rosandick
and if required they will put together a legal document for signature. Mr.
White stated they will comply and are in agreement with the eight items on
the letter dated October 13, 2003.
18. Mr. Billingsley stated the letter dated October 13, 2003 will be labeled as
exhibit PZ-1002.
MR. MAPP CLOSED THE PUBLIC TESTIMONY.
Comprehensive Plan Analysis: Mr. Mapp accepted the comprehensive plan analysis as
Iisted.
Findings of Fact for SUP-323-09: The Hearing Examiner accepted the general facts as
outlined in the staff report, public testimony, and the evidence and exhibits list as presented.
Conclusions of Law for SUP-323-09: The Hearing Examiner accepted the Conclusions of
Law as outlined in the staff report
Order of Decision: The Hearitlg Examiner ordered Case Number SUP-323-09 is approved
with conditions as outlined in the staff report with the addition of the following conditions:
• 8.1 through 8.15
• Adding 8.16- Maximum number of parking spaces with an
administrative variance of up to 25% can be granted and bring the
maximum total of 159 snaces.
Hearing Examiner Minutes Page 2 oF3
Meeting on March 10, 2009 �
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VII. Planning Issues —
• None.
VIII. Adjournment
The Hearing Examiner adjourned the meeting at approximately 7:30 p.m.
MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, M. JEROME
MAPP, T E NOTF�➢-�ELOW:
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��� � ATTEST:
M. Jerome Ma p Date
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Brian Billingsley, Planning Director Date
Hearing Examiner Minutes Page 3 of 3
Meeting on March 10, 2009