HomeMy WebLinkAboutElPatron_HE_FCO - SignedCITY OF CALDWELL CASE NO: SUP23-000011 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER 1
BEFORE THE CALDWELL HEARING EXAMINER
CITY OF CALDWELL, CANYON COUNTY, IDAHO
IN THE MATTER OF AN APPLICATION
FOR A SPECIAL USE PERMIT FOR A DANCE
HALL AND NIGHT CLUB USE
Property Owner: El Patron LLC
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FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND ORDER
Case No. SUP23-000011
This matter came before the Caldwell Hearing Examiner (“Examiner”) for hearing and
consideration on the 13th day of September 2023, upon a request filed by the applicant, the City of Caldwell
(“Applicant”), pursuant to all applicable Caldwell City Codes and Idaho Codes.
The Caldwell Zoning Ordinance (Ord. 1451, 12-13-1977) and the Idaho Land Use Planning Act
were used in evaluating the applications. The following standards applied to the subject application
proposals:
Code Code Callout Title
Caldwell City Code 10-01-02 Authority and Purpose
Caldwell City Code 10-01-03 Zoning Districts Purpose Statements
Caldwell City Code 10-02-01 General Regulations
Caldwell City Code 10-02-02 Land Use Schedule
Caldwell City Code 10-03-04 Special Use Permit Procedures
Caldwell City Code 10-03-12 Neighborhood Meeting
Idaho Code Title 67, Chapter 65 Local Land Use Planning
City of Caldwell 2040 Comprehensive Plan
Examiner having heard and taken oral and written testimony, and having duly considered the
matter, hereby makes the following findings, conclusions of law and decision on this matter.
I
RECORD
The record includes, but is not limited to all public testimony, evidence, staff reports,
presentations, exhibits, findings, minutes of the hearing(s); and all applications, plans, and documents
within the official case files.
CITY OF CALDWELL CASE NO: SUP23-000011 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER 2
II
FINDINGS OF FACT, CONCLUSIONS OF LAW
Regarding the request for a special use permit for a dance hall and night club use within the existing
El Patron Even Center, on approximately 1.27 acres on Parcel R3250010200, located in Clearwater Plaza
Lot c, Block 1, the Examiner received and reviewed the record and finds and concludes the following:
A neighborhood meeting was held by the applicant on June 5, 2023, in compliance with Chapter
10 Article 3 Section 12 of Caldwell City Code.
A public hearing on the requested Special Use Permit was held before the Examiner on September
13, 2023, at which time city staff presented a staff report along with an analysis of the application and all
pertinent information on the case to the Examiner. The applicant then presented the requests; and oral
testimony in opposition, neutral, and in favor were taken and made a part of the permanent record.
Based upon the testimony, information received, and record of evidence presented, the Examiner
made a motion to APPROVE the request for a special use permit for a dance hall and night club use within
the existing El Patron Event Center; and concluded the following:
The application decision process has complied with the public notice and hearing requirements of
Idaho Code and Caldwell City Codes; and
SPECIAL USE PERMIT APPROVAL CRITERIA
1. The Examiner has the authority to approve or deny the application;
2. The proposed use would not or will not cause any damage, hazard, nuisance or other detriment to persons or properties in the vicinity;
3. The proposed use is conditionally permitted by the City of Caldwell ordinances;
4. The proposed use in not in conflict with the comprehensive plan;
5. The proposed use does not impact the ability of political subdivisions, including school districts, to
provide services for the proposed use; and
6. The proposed special use meets the required approval criteria and standards as set forth in Caldwell
City Codes.
III
CONDITIONS OF APPROVAL
The approval of the applicant’s request for SUP23-000011, is subject to the adherence with the
following conditions.
1. Development of the subject property shall be consistent with all requirements, codes, policies,
standards, and regulations of the City of Caldwell, unless specifically stated otherwise in the in the
Order of Decision.
2. Any nuisances existing on the property (weeds, trash, debris, etc) shall be resolved and in
compliance with city codes prior to the approval of any construction drawings and/or issuance of
building permits.
CITY OF CALDWELL CASE NO: SUP23-000011 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER 3
3. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
4. All improvements and operations shall comply with applicable local, state and federal requirements
and procedures whether specifically addressed in the analysis of this application or not.
5. Within twelve (12) months of the date of signature of the order of decision showing approval of
the special use permit, the dance hall/night club use shall be utilized. If the applicable use is not
utilized within the required time frame, the special use permit approval shall become null and
void and another special use permit approval will need to be received.
6. This approval is for this application only. Additional permits, licenses and approvals may be
necessary.
7. The controller as defined by Caldwell City Code is responsible for maintaining all landscaping
and screening devices within the subject property. As applied to the development process, the
controller is understood to be the property owner, association or person representing the property
owner's interest with responsibility for abiding by the city's standards, rules, regulations, policies,
codes and ordinances.”
8. If any term or provision of this decision, to any extent, is held invalid or unenforceable, the
remaining terms and provisions hereof shall not be affected thereby, but each such remaining term
and provision shall be valid and enforced to the fullest extent permitted by law.
9. The maximum occupancy of the building, when utilized as a dance hall, with no tables and chairs,
and the floor remains open for dancing, shall not exceed 600 people as requested by the applicant.
10. The applicant shall pass a final inspection of building permit BC23-000092 for tenant
improvements, prior to hosting any ticked events for live music or other events where the stage
would be utilized.
11. A monthly calendar of events planned at the El Patron Event Center is required pursuant to
provisions of the Idaho State Alcohol Beverage License with the Multipurpose Arena Endorsement.
This mandate entails that the event calendar be submitted before the first day of each month to the
Idaho State Police/Alcohol Beverage Control and the Caldwell City Clerk. Each submittal must
include details concerning each event to include:
• Event date & time
• Type of event
• Approximate attendance
12. The applicant shall provide a shared parking agreement for the offsite parking they are using on the
property to the north.
CITY OF CALDWELL CASE NO: SUP23-000011 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER 4
IV
ORDER OF DECISION
The Examiner, based upon the testimony and evidence in record in this matter and upon findings
of fact and conclusions of law set forth herein DOES HEREBY DETERMINE AND DECIDE AS
FOLLOWS: the request for Special Use Permit SUP23-000011, is hereby APPROVED SUBJECT TO
THE CONDITIONS OF APPROVAL LISTED HEREIN.
These Findings of Fact, Conclusions of Law and Decision are approved and adopted by the
Hearing Examiner on this 13th day of September 2023.
_____________________________________ __________________
Hearing Examiner Date
ATTEST:
______________________
Director
9-13-23
CITY OF CALDWELL CASE NO: SUP23-000011 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER 5
EXHIBIT 1
ATTACHMENT A
City of Caldwell Fire Department Comments
CALDWELL FIRE DEPARTMENT
INSPECTION REPORT
EL PATRON, 5214 CLEVELAND BLVD, BLDG UNNAMED, CALDWELL ID 83607
DETAILS
Inspection Date: 06/29/2023 | Inspection Type: INSPECTION - Beer & Wine License | Inspection Number: 5563 | Shift: N/A |
Station: N/A | Unit: N/A | Lead Inspector: LISA RICHARD | Other Inspectors: N/A
VIOLATIONS
No Violations Found
GENERAL NOTES
ZACHARY GREENWOOD - 04/18/2023 @
16:35
Automatic sprinkler system needs to be serviced and tagged with current
documentation
ZACHARY GREENWOOD - 04/18/2023 @
16:35
Alarm system needs to be serviced, inspected and tagged with current documentation
NEXT INSPECTION DATE
No Inspection Scheduled
CONTACT SIGNATURE
Tony Chavez Reason for not collecting a signature: Wireless connection issues
INSPECTOR SIGNATURE
LISA RICHARD
Signed on: 08/24/2023 @ 14:29
QUESTIONS ABOUT YOUR INSPECTION?
LISA RICHARD
lrichard@cityofcaldwell.org
No phone number available
Printed on 08/24/2023 @ 14:31
Page 1 of 1
From:Lisa Richard
To:Morgan Bessaw
Subject:Re: El Patron
Date:Friday, August 25, 2023 11:22:25 AM
Attachments:image001.png
Standing room only is 885
Sent from my iPhone
On Aug 25, 2023, at 11:01 AM, Morgan Bessaw <mbessaw@cityofcaldwell.org>wrote:
What if they don’t use tables and chairs and its open standing for a concert?
Morgan Bessaw, AICP, CFM
Deputy Director, Planning & Zoning DepartmentCity of Caldwell621 Cleveland Blvd.Caldwell, Idaho(208) 455-4594<image001.png>
From: Lisa Richard <lrichard@cityofcaldwell.org>
Sent: Friday, August 25, 2023 10:10 AM
To: Morgan Bessaw <mbessaw@cityofcaldwell.org>; Alan Perry
<aperry@cityofcaldwell.org>
Subject: Re: El Patron
Yes they expanded the space. If they use tables and chairs in the space they are limited
to 406.
Sent from my iPhone
On Aug 25, 2023, at 8:23 AM, Morgan Bessaw
<mbessaw@cityofcaldwell.org> wrote:
Thank you, last question, does this use change the previous occupant load
of 374 persons?
Morgan Bessaw, AICP, CFM