HomeMy WebLinkAbout9-23-08_HECALDWELL HEARING EXAMINER
MINUTES
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)
Old Business
Mr. Mapp approved the minutes of the August 26, 2008 meeting.
New Business
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:
Anne Marie Skinner, Senior Planner, presented the staff report and submitted an aerial map labeled as exhibit PZ-1000.
Jed Wyatt, applicant’s 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 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-151E-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.
Recommendation to phase division: The Hearing Examiner recommended that the phasing plan in Case Number SUB-151E-06 be approved with the following conditions of approval:
9.1 through 9.3
9.4 A phasing plan must be submitted before this case goes to City Council.
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 the east side of 10th Avenue.
Testimony:
Anne Marie Skinner, Senior Planner, presented the staff report and submitted an aerial photo labeled as exhibit PZ-1000.
Thomas Kraus, 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 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 conditions as outlined in the staff report.
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 is addressed as 824 N. 7th
Avenue and is north of Galveston Street, south of Frontage Road and east of North 7th Avenue.
Testimony:
Brian Billingsley, Planning Director, presented the staff report and submitted an aerial photo labeled as PZ-1000.
Raquel Olvera, 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 listed.
Findings of Fact for SUP-318-08: 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-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.
Case Number SUP-319-08, a request by TayCor Development LLC and Willow Falls 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.10th Avenue, Suite #102.
Testimony:
Anne Marie Skinner, Senior Planner, presented the staff report and submitted an aerial photo labeled as PZ-1000.
Kieth Bradshaw, applicant’s 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, and 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
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.
Testimony:
Anne Marie Skinner, Senior Planner, presented the staff report and submitted an aerial photo labeled as PZ-1000.
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 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 through 8.14
with condition 8.12 changed to read that there shall be a limit of 100 animals on site.
Planning Issues
Adjournment
The Hearing Examiner adjourned the meeting at approximately 8:00 p.m.
MINUTES APPROVED AND SIGNED BY THE HEARING EXAMINER, M. JEROME MAPP, ON THE DATE NOTED BELOW:
ATTEST:
M. Jerome Mapp Date
Anne
Marie Skinner, Senior Planner