HomeMy WebLinkAboutHE MINS 11-10-09CALDWELL HEARING EXAMINER
MINUTES
November 10, 2009
I. Call to Order – Hearing Examiner, Mr. Jerome Mapp, opened the meeting for the public hearing at
7:00 p.m.
II. 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)
III.
Old Business:
A.
Mr. Mapp approved the Minutes of the September 15, 2009 meeting as signed on
September 24, 2009 by Hearing Examiner Mapp
IV.
New Business:
A.
Case Number SUB-181(E)-07 a request by Northland Properties LLC., Westpark Co. Inc.,
and Briggs Engineering for a one year time extension for Monarch Commercial No. 2. This site
is located on the east side of Middleton Road approximately 1,000 feet south of Ustick Road.
Testimony:
1. Anne Marie Skinner, Senior Planner/Community Development Coordinator, presented the
staff report.
2. Taylor Merrill, applicant’s representative, signed in favor of the application and provided
testimony stating the reason for the time extension was due to current economic
conditions.
MR. MAPP CLOSED THE PUBLIC TESTIMONY.
Comprehensive Plan Analysis: Mr. Mapp accepted the comprehensive plan analysis as listed.
Findings of Fact for SUB-181(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-181(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-181(E)-07 is approved
with conditions as outlined in the staff report.
Hearing Examiner Minutes Page 1 of 3
Meeting on November 10, 2009
B.
Case Number SUB-203P-09 a request by Concept Investments LLP, O’Reilly Automotive Inc
and Landmark Engineering and Planning for a six-lot commercial subdivision located in a C-3
Service Commercial zone and an M-1 Light Industrial zone at the northeast corner of Tates
Way and Cleveland Boulevard.
Testimony:
1.
Anne Marie Skinner, Senior Planner/Community Development Coordinator, presented
the staff report with the addition of condition 8.7 through 8.8 and submitted an aerial map
of the site labeled as exhibit PZ-1000.
2.
Clint Boyle, applicant’s representative, signed in favor of the application, submitted an
11x17 site plan labeled as exhibit PZ-1001 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-203P-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 SUB-203P-09: The Hearing Examiner accepted the Conclusions of Law
as outlined in the staff report.
Recommendation: The Hearing Examiner recommended that Case Number SUB-203P-09 be
approved with conditions 8.1 through 8.6 with the following additions:
•
Add 8.7 - The two drive approaches located on the preliminary plat labeled as Case File
Exhibit A-3 dated October 13, 2009 are approved in the locations as show on said plat.
•
Add 8.8 – All buildable lots in the entire subdivision shall be included in a looped water
system prior to the City’s signature on the final plat for Phase 2 of O’Reilly Subdivision.
C.
Case Number PUD-202-09 a request by Alberto Contreras, Brandon Juarez and Breckon
Land Design for approval of a planned unit development on 2.61 acres in a C-3 Service
Commercial zone located at the northwest corner of Ustick Road and Lake Avenue.
Testimony:
1.
Anne Marie Skinner, Senior Planner/Community Development Coordinator, presented
the staff report and submitted an aerial map of the site labeled as exhibit PZ-1000.
2.
Brandon Juarez, applicant’s representative, signed in favor of the application and
provided supporting testimony.
3.
Albert Contreras, applicant, signed in favor of the application but did not wish to speak.
4.
Alice Estrada signed in neutral of the application. Ms. Estrada owns a Drive-in Theater to
the east of the proposed PUD site and stated her concern with the lighting and the effect
it will have.
Hearing Examiner Minutes Page 2 of 3
Meeting on November 10, 2009
5.
Dan Robertson signed in neutral of the application and did not wish to speak.
6.
Judy Robertson signed in neutral of the application and did not wish to speak.
7.
Mr. Mapp stated the following condition should be added: lighting shall be directed within
the site not projecting to adjacent properties.
MR. MAPP CLOSED THE PUBLIC TESTIMONY.
Comprehensive Plan Analysis: Mr. Mapp accepted the comprehensive plan analysis as listed.
Findings of Fact for PUD-202-09: 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 PUD-202-09: The Hearing Examiner accepted the Conclusions of Law as
outlined in the staff report.
Order of Decision: The Hearing Examiner ordered that Case Number PUD-202-09 is approved
with conditions 8.1 through 8.6 with the following additions:
Add 8.7 - Lighting shall be directed within the property and not projecting onto adjacent
properties.
V. Planning Issues - None
VI.
Adjournment
The Hearing Examiner adjourned the meeting at approximately 8:15 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
Hearing Examiner Minutes Page 3 of 3
Meeting on November 10, 2009