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Home My WebLink AboutHearing 9-15-09CALDWELL HEARING EXAMINER MINUTES September 15, 2009 Call to Order – Hearing Examiner, Mr. Jerome Mapp, opened the meeting for the public hearing at 7:00 p.m. Review of Proceedings – Mr. Jerome Mapp outlined the procedures for the public hearing. Members Present: Anne Marie Skinner (Senior Planner/Community Development Coordinator), Brent Orton (Assistant City Engineer), Brian Billingsley (Planning Director) and April Cabello (Planning Technician) Old Business: Mr. Mapp approved the Minutes of the July 28, 2009 meeting as signed on August 3, 2009 by Hearing Examiner Mapp New Business: Case Number ANN-175-09 a request by JR and Karen Smith to annex one acre into the City of Caldwell with an R-1 Low Density Residential zone located on the east side of KCID Road approximately 1000 feet north of Linden Road. Testimony: James Spencer, applicant’s representative, signed and testified in favor of the application stating that the request was to annex into the City of Caldwell to utilize City water services. Mr. Spencer further stated that sewer was unavailable and they would therefore be seeking a septic drainfield permit. Marshall Hickman signed and testified as neutral. Mr. Hickman was concerned about a paving requirement on the gravel drive to the north of the subject property and stated that said gravel drive was not owned in its entirety by the applicant. Brent Orton, assistant city engineer, testified that Canyon County requires paving of private drives if three or more houses utilize the private drive but the City does not have such a requirement. Shawn Shelton signed and testified as neutral. Mr. Shelton was also concerned about a possible paving requirement on the gravel drive as he also utilizes said drive for access to his house. MR. MAPP CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis: Mr. Mapp accepted the comprehensive plan analysis as listed. Findings of Fact for ANN-175-09: 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 ANN-175-09: The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. Recommendation: The Hearing Examiner recommended that Case Number ANN-175-09 is approved with conditions as outlined in the staff report. Case Number SUB-172(E)-07 a request by Dyver Development LLC and Bailey Engineering for a one-year time extension request for Pennsylvania Park Subdivision. This site is located on the west side of KCID Road approximately 400 feet south of Highway 20/26. Testimony: Anne Marie Skinner, Senior Planner/Community Development Coordinator presented the staff report. Shawn Brownlee, applicant’s representative, signed in favor of the application and briefly stated the reason for the time extension request was due to the current decline in the housing market. MR. MAPP CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis: Mr. Mapp accepted the comprehensive plan analysis as listed. Findings of Fact for SUB-172(E)-07: 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-172(E)-07: The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. Order of Decision: The Hearing Examiner ordered that Case Number SUB-172(E)-07 is approved with conditions as outlined in the staff report. Case Number SUB-56(E)-00 a request by Dyver Development LLC and Bailey Engineering for a one-year time extension request for Delaware Park #2 The Colonies. This site is located on the east side of KCID Road approximately 487 feet south of Highway 20/26. Testimony: Anne Marie Skinner, Senior Planner/Community Development Coordinator, presented the staff report. Shawn Brownlee, applicant’s representative, signed in favor of the application and briefly stated the reason for the time extension request was due to the current decline in the housing market. MR. MAPP CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis: Mr. Mapp accepted the comprehensive plan analysis as listed. Findings of Fact for SUB-56(E)-00: 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-56(E)-00: The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. Order of Decision: The Hearing Examiner ordered that Case Number SUB-56(E)-00 is approved with conditions as outlined in the staff report. Case Number SUB-139(E)-06 a request by Teleos Cedar Crossing 1, LLC, Kelly Miller, Rose Law Group and Ashley Ford for a one-year time extension request for Cedar Crossing Subdivision. This site is located on Florida and Orchard on the east side of Florida. Testimony: Anne Marie Skinner, Senior Planner/Community Development Coordinator, presented the staff report. Kelly Miller, applicant, provided testimony stating the reason for the time extension was due to the current economic climate and the applicant not wanting to further develop lots when there were so many developed lots already on the market. Stephanie Chamberlin signed in neutral of the application. Ms. Chamberlin owns property adjacent to the Cedar Crossing Subdivision. Ms. Chamberlin stated for the record the difficulties she has been having with her septic drainfield system and she attributes those difficulties to the overflow ditch that was re-routed due to the Cedar Crossing development. She stated that, since the developer has completely lined the ditch, she is not experiencing anymore difficulties. The developer has promised that the lining will be made permanent once the irrigation season is over. MR. MAPP CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis: Mr. Mapp accepted the comprehensive plan analysis as listed. Findings of Fact for SUB-139(E)-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-139(E)-06: The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. Order of Decision: The Hearing Examiner ordered that Case Number SUB-139(E)-06 is approved with conditions as outlined in the staff report. Case Number SUB/PUD-130(E)-05 a request by Larry Laraway, Sawgrass Village, LLC, Dave Meldrum and WRG Design for a one-year time extension request for Sawgrass Village Subdivision. This site is located on the west side of Florida Avenue approximately 900 feet north of Karcher Road. Testimony: Anne Marie Skinner, Senior Planner/Community Development Coordinator, presented the staff report. Chris Laraway, applicant’s representative, provided testimony stating the reason for the time extension was due to the current economic climate and the applicant not wanting to further develop lots when there were so many developed lots already on the market. MR. MAPP CLOSED THE PUBLIC TESTIMONY. Comprehensive Plan Analysis: Mr. Mapp accepted the comprehensive plan analysis as listed. Findings of Fact for SUB-130(E)-05: 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-130(E)-05: The Hearing Examiner accepted the Conclusions of Law as outlined in the staff report. Order of Decision: The Hearing Examiner ordered that Case Number SUB-130(E)-05 is approved with conditions as outlined in the staff report. Planning Issues - None Adjournment The Hearing Examiner adjourned the meeting at approximately 7:45 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 / Community Development Coordinator Date