The URL can be used to link to this page

Home My WebLink About10-10-2000 P&Z MINUTES - h � �� CALDWELL PUBLIC HEARING BEFORE HEARING EXAMINER MINUTES OF OCTOBER 10, 2000 I. Call to Order — Hearing Examiner Lee Dillion opened the meeting for the public hearings at 7:00 p.m. and outlined the public hearing procedures. City staff in attendance were: Linda James, Community Development Director, Mark Hilty, City Attorney, and Joan Holmes, Planxiing Technician. II. Aearings A. Case No. ANN-43-00, a request by Harvey and Brenda Hudgens to annex approximately 5.11 acres into the City as a C-4 (Interchange or Freeway Commercial) zone. The parcel is located at the southeast corner of the intersection of Aviation Way and Crown Street, is within the Area of City Impact, appears to be zoned County Ag, and is designated on the City's Comprehensive Plan Land Use Map as M-1 (Light-Industrial). Testimony — Linda James presented the staff report. Mark Kubinski, Applicants' legal counsel, testified and stated that he had just been retained by the Applicants today and that he was requesting a continuance of the hearing in order for him to have time to review the application. Hearing Examiner's Action — Mr. Dillion continued the hearing to a date and time certain, that being Tuesday, November 14, 2000, at 7:00 p.m., public meeting room, Canyon County Courthouse, 1115 Albany, Caldwell. �:�***�*�***:��**�**�***��*�**�***********�**��*:�****��*******�*****�*�******�******� B. Case No. ANN-42-00, a request by Rick Sweaney to annex approximately 3.43 acres into the City as a C- 3(Service Commercial) zone. The subject parcel is located at the northwest comer of the intersecrion of Highway 20/26 and Borchers Lane, is within the Area of City Impact, is currently zoned County Ag, and is designated on the City's Comprehensive Plan Land Use Map as agriculture. As a part of the annexation request, the Comprehensive Plan Land Use Map would be amended to designate this parcel as C-3; the amendment would be included in the next available update of the Comprehensive Land Use Map. The parcel is legally described as a portion of the SW '/4 SE '/4 of Secrion 24, Township 4 North, Range 3 West, Boise Meridian, Canyon County, Idaho Testimony — Linda James presented the staff report. Rick Sweaney, Applicant, testified in favor and offered to answer questions. Public Testimony Closed — Mr. Dillion closed public testimony. Comprehensive Plan Analysis — Mr. Dillion found that the request was applicable to the following Comprehensive Plan components set forth in the staff report: Property Rights — Goal, Objective B, and Policy 1; School Facilities and Transportation — Goal, and Policy 1; Land Use — Goal, Objectives Applicable to all Land Uses — C; Area of City Ixnpact — Objective A, and Policy 5; Public Services, Utilities and Facilities — Goal, Objective B, and Policy 5; Transportation— Goal, Objective E, and Policies 2 and 8. Findings of Fact — Mr. Dillion accepted the general facts outlined in the staff report as Findings of Fact and included the following facts: the request is in compliance with the Comprehensive Plan components set forth in the staff report; the request is straight-forward and it is in keeping with the other annexation requests that have recently been approved along the 20/26 corridor. Conclusions of Law — Mr. Dillion accepted the Conclusions of Law outlined in the staff report. f ' Recommendation to City Council — Mr. Dillion recommended approval of Case No. ANN-42-00 a request by i Rick Sweaney to annex approximately 3.43 acres into the City as a C-3 (Service Commercial) zone. Public Hearing Closed — Mr. Dillion closed the public hearing. *** �� *** �*��*�**�*��*�****�******�****�*�**��*�**�********�*****��*�x��**�***** C. Case No. SUP-104-00, a request by Roberto Banuelos for approval of a special use pernut to include a dance floor night club in the La Hacienda Restaurant. The La Hacienda Restaurant is located in Suite 100 of the El Mercado, 317 Happy Day Boulevard and is zoned C-3 (Service Commercial). Testimony — Linda James presented the staff report. Roberto Banuelos, Applicant, testified through an interpreter and asked how long he could stay open for dances. Linda James responded that the La Hacienda is a restaurant that also serves beer and that the restaurant would have to remain open during the hours of dances if beer was going to be served. Public Testimony Closed — Mr. Dillion closed public testimony. Comprehensive Plan Analysis — Mr. Dillion found that the request was applicable to the following Comprehensive Plan components set forth in the staff report: Property Rights — Goal, Objective B, and Policy 1; School Facilities and Transportation — Goal, and Policy 1; Land Use — Goal; Public Services, Utilities and Facilities — Goal, Objecrive A, and Policy 2. Findings of Fact — NIr. Dillion accepted the general facts outlined in the staff report as Findings of Fact and included the following facts: the request is in compliance with the Comprehensive Plan components outlined in the staff report; the restaurant will have to remain open during hours of operarion for dances or no alcohol can be served. Conclusions of Law — Mr. Dillion accepted the Conclusions of Law outlined in the staff report. Order of Decision — Mr. Dillion approved SUP-104-00 with the condirions outlined in the staff report and included the following conditions: 8.7) The prunary use shall continue as a restaurant with the secondary use as a nightclub. The existing liquor license is for the serving of beer only. No beer shall be served during the hours that dances are held unless the restaurant remains open and continues to serve food. The hours for serving beer shall be in compliance with Article 7, Secrion 06-07-31, Subsection (2) of Caldwell City Code, which reads: "Beer/Wine: It shall be unlawful and a misdemeanor for any person in any place licensed to sell beer and/or wine, or where beer and/or wine is sold to be consuxned on the premises, to sell or pernut to be consumed on the premises, beer and/or wine as the same is defined by law, between the hours of one o'clock (1:00) A.M. and six o'clock (6:00) A.M. and during the following times: A. Any patron present on the licensed premises after the sale of beer has stopped as provided in this Subsection shall have a reasonable time, not to exceed tivrty (30) minutes, to consume any beverage already served. And, B. Any person who consumes or intentionally pernuts consumprion of beer and/or wine upon a licensed premises after the time provided for in this Subsection shall be guilty of a misdemeanor." And, 8.8) As a part of the change in use pernut process, the Applicant shall provide the City Clerk with a new floor plan as set forth in Article 7, Liquor, Beer and Wine Regularions, Sections 06-07-11 and 06-07- 17 of City Code. The Applicant shall also comply with any requirements placed on the liquor pernut by the State of Idaho and Canyon County regarding the addirion to the restaurant license of a"nightclub." Public Hearing Closed — Mr. Dillion closed the public hearing and noted anyone wishing to appeal his decision should see the Director of Community Development. *��*��****�****�*****�*��*��**��*****�**************��*:�**��********��*******��*��*�� VII. Planning Issues - There were no plaxming issues brought forward. Hearing Examiner Minutes of October 10, 2000 z � VIII. Adjournment — Mr. Dillion adjourned the meeting at approximately 7:35 p.m. MINUTES APPROVED AND SIGNED BY HEARING EXAMINER LEE DILLION ON THE DATE NOTED BELOW. Lee Dillion Date ATTEST: Community Development Director Hearing Examiner Minutes of October 10, 2000