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HomeMy WebLinkAbout02 Staff I"AFF - Planning & Zoning ITEM DATE SUBMITTED BY SP-1 Hearing Notification Checklist SP-2 Annexation Ordinance .k -� IdA SP-3 Mailing List & a Memo SP-4 Memo to Public Agencies '-1 , \12 ticy • SP-5 Mailing Lis ��i ►:�a Verified (p " - �Zj C / SP-6 Notice to Publish - oS3 G� SP-7 Mailing Notice �-� SP-8 Affidavit of Publication SP-9 Posting of Site ( n ��7 ,,\75 SP-10 Staff Report _. [ SP-11 .�. ��-� ', ,Of• SP-12 STAFF - City Council SC-1 Hedring Notification Checklist 210 72 SC-2 Notice to Publish b? SC-3 Mailing Notice �J SC-4 Memo to Public Agencies . SC-5 Affidavit of Publication SC-6 Posting of Site SC-7 Staff Report SC-8 PUBLIC HEARING REQUEST FOR AGENCY RESPONSE CHECKLIST & H City Council Case Name 1 \11\- ='; J Date Hearing Date Address List Verified by Publish Date Public Agency Responses by Post Site Date Mail Public Agency Memos by Engineering Department If site is in vicinity of water body: 0`` Fire Plans Examiner ( ) Bureau of Reclamation Z. Building Department ( ) Corps. Of Engineers AY Police Department ( ) Department of Water Resources S HOOL DISTRICT ( ) Idaho Fish and Game ( ) Caldwell School District ) Vallivue School District IRRIGATION DISTRICT ( ) Pioneer Irrigation District If site is in vicinity of Boise River: ( ) Riverside Irrigation District ( ) Bureau of Land Management ( ) Canyon Hill Irrigation District ( ) Boise Flood Control District #10 (1 Black Canyon Irrigation District If site is a gravel pit: ( ) Golden Gate Irrigation District ( ) Department of Lands (I_ Caldwell Lateral Irrigation District ( ) Wilder Irrigation District (1 Franklin Ditch Co. (Midland area) If application is a subdivision plat vacation: ( ) Mason Creek Ditch Co. (Midland area) ( ) DeAnn France, Canyon Co. Plat Room TRANSPORTATION ( ) Caldwell Transportation ( ) Brown Bus Company L) Canyon Highway District #4 ( ) Nampa Highway District #1 ( ) Idaho Transportation Department ( ) Valley Regional Transit ( ) COMPASS (preliminary plats and annexations) OTHER ( ) Canyon County Development Services ( ) Boise Project Board of Control � ) Southwest District Health ( ) Idaho Power ( ) Intermountain Gas ( ) DTG Maps- Final Plats MEMO Date: June 17, 2013 To: Dave Marston, Engineering Department Angie Hopf, Engineering Department "'"111%, From: Anne Marie Skinner, Senior Planner Caldwell Planning & Zoning Department '� RE: Case No. SUP-360-13 (Flores tattoo parlor) Case No. SUP-360-13 a request by J.R. Flores for special use permit approval for a tattoo parlor in a C-2 Community Commercial zone located at 2408 Cleveland. This Case is being heard by the Caldwell Hearing Examiner on Tuesday, July 9, 2013 and the notices need to be mailed on Friday, June 21, 2013. Please complete the mailing list and return to April Cabello by Wednesday, June 19, 2013. Please print for each case an 8 1/2 x 11 and a large aerial for Preliminary Plats, Short Plats, Special Use, Annexations, Time Extensions and Rezones. E-mail:amskinner(a�ci.caldwell.id.us If you have any questions, please contact me at extension 4662. April Cabello From: April Cabello Sent: Monday, June 17, 2013 12:20 PM To: Dave Marston; Angie Hopf Subject: 300 ft mailing list and map request Attachments: SUP-360-13 Flores Tattoo Parlor .pdf Hi Dave and Angie, Please see attached. Thanks, April 1 MEMO Date: June 17, 2013 To: Engineering Department Fire Department Police Department Building Department From: Anne Marie Skinner, Senior Plann- ; Caldwell P & Z Department .� RE: Case Number SUP-360-13 (Flores tattoo parlor) Attached please find a land use application that you are invited to review. This case is scheduled to be presented before the Caldwell Hearing Examiner on Tuesday, July 9, 2013 at 7:00 pm. Case No. SUP-360-13 a request by J.R. Flores for special use permit approval for a tattoo parlor in a C-2 Community Commercial zone located at 2408 Cleveland. Please review the attached application and information and provide me with your written input. I request that you e-mail any comments to me as soon as possible but no later than Wednesday, July 3, 2013. E-mail:amskinnerci.caldwell.id.us I will assume that you have no objections, concerns or comments if you do not reply to this request within the requested timeframe. If you have any questions, you may contact me at 455-4662. April Cabello From: April Cabello Sent: Monday, June 17, 2013 12:24 PM To: Brett Clark; Andy Cater; Robb MacDonald; Frank Wyant; Chris Allgood Subject: Public Agency Memo Attachments: SUP-360-13 Flores Tattoo Parlor .pdf Hello, Please see the attached public agency memo. Please direct all responses or questions directly to Anne Marie Skinner via email: amskinner@ci.caldwell.id.us. Thank you, April Cabello Planning Technician City of Caldwell (208) 455-4667 phone (208) 455-3050 fax 1 ,,... ,,,,,,,i■-w 47, , 11111111 III i 46'7645140. „ all 1111 11.111 • 0) '1,4 ..... + '-----\ %41 ----Th Iowa Ave , •Co#4 7943.14. \ . \ \ # a0 01 \ d, 4 , 00 .1. ! eD .. .„i 4:'' ,:','-' \\ *0 4 \ 1'1 S Illinois Ave ;?, .,,-,L: , e• ' e‘" , - .4-* II H **.‘,..-;,,,,,, em, .;--:-:7-:' 4':1r,*-1.4, °,,....' 42,\ ., *, ,4,,,,?4,AN4 <z ts, ii• ,,,k,.? '!1!""-7t"1-,$;*4'1'*,, ,, ',:-,-3',i;g2t:Ii7Y OP -419. " 0.AFt01!:1, .Z: 45 ' fl:) (1) -"' 42' '-.!;..4., .t,'- -. -*?-7-4„. %14.0 rA itt, i,k4-''' ' Wisconsin Ave 11111 11111 1 .,„0,-“,,,,vf,,,tit °- ' - , , ...,,, •i• IN tS1 S Ohio Ave , .__ „ ... * , .... cD7 . ,. _ . ... , , ,, , , , , _ se _ .. , , , . , , .., . . ,. , - ' - -- * . Mill : '''' • s44,, ei,:. 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Flores for special use permit approval for a tattoo parlor in a C-2 Community Commercial zone located at 2408 Cleveland. Case files and exhibits relative to this request are on file at the Caldwell Planning and Zoning Department located at 621 Cleveland Blvd. Files are available for review during the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday. For any further information, please call 455-3021. A person who is visually and/or hearing impaired, or needs an interpreter should contact the City prior to the meeting. PUBLISH DATES: Sunday, June 23, 2013 April Cabello From: April Cabello Sent: Tuesday, June 18, 2013 7:59 AM To: 'legals @idahopress.com' Subject: Legal Notice - Caldwell Hearing Examiner - Publish Date June 23, 2013 Attachments: Hearing 7-09-13_HE.doc Hello, The attached notice is for the Caldwell Hearing Examiner Public hearing on July 9, 2013 to be published on Sunday, June 23, 2013. Thanks April Cabello Planning Technician City of Caldwell (208) 455-4667 phone (208) 455-3050 fax 1 j ' Y .r'- Ph: 208.455.3000 a ‘'''' '` Fax: 208.455.3003 - , di o + s 7 y 1 �ww.cityofcaldwe11.com l , G�fj(4 am , The Treadirre of the hllley NOTICE IS HEREBY GIVEN that the Caldwell Hearing Examiner will 3' conduct a public hearing on Tuesday, July 9, 2013 at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Community Room of the Caldwell Police Department, 110 S. 5th Avenue, Caldwell, Idaho in order to hear the following: Case No. SUP-360-13 a request by J.R. Flores for special use permit approval for a tattoo parlor in a C-2 Community Commercial zone located at 2408 Cleveland. You are being notified because Idaho Code, 67-6509, Local Planning Act 67- 6509, requires notice of this public hearing to be provided to all political subdivisions providing services to the site and to all property owners or 1/2 ` purchasers of record who own property within 300 feet of the subject area. Correspondence regarding the proposal is to be submitted tot the voitArotwitti Planning & Zoning Department no later than five (5) working days prior to the public hearing. Public testimony will be taken at the hearing and made a part of the record. Case files and exhibits relative to this request are on file at the Caldwell Planning & Zoning Department and are available for review during the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday. Further information can also _ W W be obtained by calling 455-4662 and by leaving a message if after-hours. Information can also be requested by emailing Anne Marie Skinner at amskinnerci.caldwell.id.us or faxing her at 455-3050. A person who is visually and/or hearing impaired, or needs an interpreter should contact the City at least 24 hours prior to the hearing. SUGGESTIONS FOR TESTIFYING AT PUBLIC HEARINGS 1. Remember your objective...It is your objective to persuade the decision makers to vote or decide in favor of your side of the issue.It will not help your cause to anger,alienate or antagonize the decision makers who are listening to your presentation. 2. Show your strength...Many neighborhood groups have organized their testimony by having one or a few people speak on behalf of the group.The leader will ask those in the audience supporting the testimony to stand.This conveys to the decision makers the seriousness with which the issue is viewed by the attending parties. 3. Speak to the point...Public officials have heard hundreds of people give testimony. They are grateful when the testimony is pertinent,well organized,and directly regards the matter at hand. Long stories,lectures or philosophy,abstract complaints about .0 generalities,or redundant testimony are usually a poor use of time. 4. State your recommendation. �� �� 7% �� 5. Be informed....Get a copy of the plan being heard,the staff report,the proposed ordinance,or other pertinent material.Then read it and plan your comments accordingly. 6. If you don't wish to speak,write it down... and submit it prior to the hearing. If written testimony is specific,to the point and 4,WI�Y concise,it will be given as much attention as oral testimony. � � ��� ��� 7 Be reasonable....Put yourself in the shoes of the decision makers.They must balance all points of view,interests and proposals being made,and find the best course for the overall public good.While.Be prepared to compromise. rte, y W , " Any person needing special accommodations to participate in the meeting should contact the City Office at(208)455-4667 prior to the meeting. Cualquier persona necesitando comodidades especiales pars participar en is reunion debe contactar al las oficinas de la Ciudad o Ilame a(208)455-4667 antes de la reunion. cpl0w£11 i1QSEST CQMBMIITfES 4v£SERV4' .. tD HO HER tnGE p t'kGAL Cu City Hall • 411 Blaine Street • P.Q.Box 1179 • Caldwell,Idaho 83606 • 208.455.3000 9 cw * _ "..+-"... Ph: 208A55.3000 Fax: 208.455.3003 �'ri , tt _ www.cityofcaldwell.com t� '{y jj j � ] C F al o The Treasure of the J lley NOTICE IS HEREBY GIVEN that the Caldwell Hearing Examiner will conduct a public hearing on Tuesday, July 9, 2013 at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Community Room of the Caldwell Police Department, 110 S. 5th Avenue, Caldwell, Idaho in order to hear the following: 41,#01eRftt, t* Case No. SUP-360-13 a request by J.R. Flores for special use permit approval for a tattoo parlor in a C-2 Community Commercial zone located at 2408 �� Cleveland. You are being notified because Idaho Code, 67-6509, Local Planning Act 67- 6509, requires notice of this public hearing to be provided to all political subdivisions providing services to the site and to all property owners or purchasers of record who own property within 300 feet of the subject area. Correspondence regarding the proposal is to be submitted to the „ Planning & Zoning Department no later than five (5) working days prior to the public hearing. Public testimony will be taken at the hearing and = ry= made a part of the record. -g im;:: Case files and exhibits relative to this request are on file at the Caldwell Planning & Zoning Department and are available for review during the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday. Further information can also be obtained by calling 455-4662 and by leaving a message if after-hours. Information can also be requested by emailing Anne Marie Skinner at amskinner(a'ci.Caldwell.id.us or faxing her at 455-3050. A person who is visually and/or hearing impaired, or needs an interpreter should contact the City at least 24 hours prior to the hearing. �� W� SUGGESTIONS FOR TESTIFYING AT PUBLIC HEARINGS -, % 1. Remember your objective...It is your objective to persuade the decision makers to vote or decide in favor of your side of the issue.It will not help your cause to anger,alienate or antagonize the decision makers who are listening to your presentation. G � 2. Show your strength...Many neighborhood groups have organized their testimony by having one or a few people speak on behalf �� °� � of the group.The leader will ask those in the audience supporting the testimony to stand.This conveys to the decision makers the � seriousness with which the issue is viewed by the attending parties. 3. Speak to the point...Public officials have heard hundreds of people give testimony. They are grateful when the testimony is pertinent,well organized,and directly regards the matter at hand. Long stories,lectures or philosophy,abstract complaints about generalities,or redundant testimony are usually a poor use of time. 4. State your recommendation. 5. Be informed....Get a copy of the plan being heard,the staff report,the proposed ordinance,or other pertinent material.Then read it and plan your comments accordingly. 6. If you don't wish to speak,write it down...and submit it prior to the hearing. If written testimony is specific,to the point and concise,it will be given as much attention as oral testimony. 7. Be reasonable....Put yourself in the shoes of the decision makers.They must balance all points of view, interests and proposals being made,and find the best course for the overall public good.While.Be prepared to compromise. Any person needing special accommodations to participate in the meeting should contact the City Office at(208)455-4667 prior to the meeting. Cualquier persona necesitando comodidades especiales para participar en la reunion debe contactar al las oficinas de la Ciudad o Home a(208)455-4667 antes de la reunion. 4P`W WELT IlieiliStCrt COMMUNES Q��ERbF n o H>a,taGH E'�,sV, AMERICA TREE all is i'Nnxc cute,. City Hall • 411 Blaine Street • P.O.Box 1179 • Caldwell,Idaho 83606 • 208.455.3000 , .._..6 —.1"-- AFFIDAVIT OF PUBLICATION 30311 912984 STATE OF IDAHO ) )SS. 1 CALDWELL, CITY OF County of Canyon ) ATTN: ACCOUNT PAYABLE Leann Nobella PO BOX 1 179 of Nampa, Canyon County, Idaho, being CALDWELL ID 83606 first duly sworn, deposes and says: 1. That I am a citizen of the United States, and at all times hereinafter mentioned was over the age of eighteen years, and not a party to the above entitled action. LEGAL NOTICE 2. That I am the Principle Clerk of the NOTICE IS HEREBY GIVEN Idaho Press-Tribune, a daily newspaper that the Caldwell Hearing Ex- published in the City of Nampa, in the aminer will conduct a public hearing on Tuesday, July 9, County of Canyon, State of Idaho; that 2013,beginning at 7:00 p.m. in the said newspaper is in general the Community Room of the Caldwell Police Department, circulation in the said County of 110 S. 5th Avenue, Caldwell, Canyon, and in the vicinity of Nampa Idaho in order to hear the fol- lowing: and Caldwell, and has been Case No SUP-360-13 a re- uninterruptedly published in said quest by J.R. Flores for spe- County during a period of seventy-eight cial use permit approval for;a consecutive weeks prior to the first tattoo parlor in a C-2 Commu- nity Commercial zone located publication of this notice, a copy of at 2408 Cleveland. which is hereto attached. Case files and exhibits rela- 3. That the notice, of which the annexed is tive to this request are on file at the Caldwell Planning and a printed copy, was published in said '; Zoning Department located at newspaper 1 times(s) in the regular and 621 Cleveland Blvd. Files are available for review during the entire issue of said paper, and was hours of 8:00 a.m.to 5:00 p.m: printed in the newspaper proper, and not Monday through Friday. For in a supplement. any further information, please call 455-3021.A person who is Tha sa'd notice was bushed the following: visually and/or hearing im- 06/2 2i 13 !/ 3 paired, or needs an interpreter should contact the City prior to meeting. a / June 23,2013 ST E OF IDAHO) 912984 County of Canyon) On this 24th day of June in the year of 2013 before me a Notary Public, personally appeared. Leann Nobella, known or identified to me to be the person whose name is subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledge to me that he/she executed the same. .�'•..•'I�E+R'''•.,�� Notary Public or Idaho �••tip+�,..••.; If •, Residing at Canyon County •��;•`� •`'••. My Commission expires 07/25/2018 • 1.yOTAR}. •• •. • •'•.PUBLIC; p 4. �?1•`.•...•••'`Q`Z` 11 Billing Period 21 Advertiser/Client Name, 06/2013 1 CALDWELL, CITY OF IDAHO PRESS TRIBUNE EMMETT MESSENGER-INDEX ?J Total Amount Due :Unapplied Amount 31 Terms of Payment CIO ISJ PAYMENT PROCESSING CEN 33 . 12 PO BOX 1570 POCATELLO ID 83204 211' Current Net Amount.Due 221 30 Days 1 60 Days Over 90 Days (208)467-9251 N/A N/A N/A N/A Fax(208)467-1863 41 Page Number 51 Billing Date 61 Billed Account Number 71 Advertiser/Client Number Advertising Invoice 1 06/23/13 7 3 3 8 01 30311 30311 81 Billed Account Name and Address 1 CALDWELL, CITY OF Amount Paid: ATTN: ACCOUNT PAYABLE PO BOX 1179 Comments: CALDWELL ID 83606 Please Return Upper Portion With Payment 151 SAU Size 171 Times Run 19 Gross Amount 1201 Net Amount 101 Date 111 Newspaper Reference 12131141 Description-Other Comments/Charges t6� .Billed Units 181 Rate 36/23/13 912984 PH 7-9 1X 38 . 00 1 LG LEGAL NOTICE NOTICE IS 38 . 00 28 .12 33 . 12 33 . 12 06/23 IPT PO# PH 7-9 f PAYMENT AUTHORIZATION Supervisor Signature: �� ,�.Division Accamt t �\ �\ S Ptojeet t Amount to Pay: project ( �It CQ Due date : 07/08/13 Statement of Account -Aging of Past Due Amounts 211 Current Net Amount Due 221 30 Days 60 Days Over 90 Days "Unapplied Amount 231 Total Amount Due N/A N/A N/A N/A 33 . 12 IDAHO PRESS TRIBUNE (208)467-9251 *UNAPPLIED AMOUNTS ARE INCLUDED IN TOTAL AMOUNT DUE 241 Invoice Number 251 Advertiser Information 11 Billing Period 61 Billed Account Number 71 Advertiser/Client Number 21 Advertiser/Client Name 733801 06/2013 30311 30311 '1 CALDWELL, CITY OF 5 /C6 _. � �;:..�4...:..24.... 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P r. $ Iti BEFORE THE PLANNING AND ZONING COMMISSION/HEARING EXAMINER CITY OF CALDWELL, IDAHO PUBLIC HEARING HELD JULY 9, 2013 To: Jerome Mapp, Caldwell Hearing Examiner From: Anne Marie Skinner, Senior Planner/Development Team Leader Subject: Staff Report— Case No. SUP-360-13 (Flores Tattoo Parlor SUP) Date: July 3, 2013 THE FOLLOWING LAND USE ACTION IS THE PRIMARY FEATURE OF THIS APPLICATION: • SPECIAL USE PERMIT REQUEST TO OPERATE A TATTOO PARLOR IN A C-2 COMMUNITY COMMERCIAL ZONE TABLE OF CONTENTS: I COURSE OF PROCEEDINGS II GENERAL FACTS III TESTIMONY IV APPLICABLE LEGAL STANDARDS V COMPREHENSIVE PLAN ANALYSIS VI FINDINGS OF FACT VII CONCLUSIONS OF LAW VIII ORDER OF DECISION I COURSE OF PROCEEDINGS 1.1 The Caldwell Planning and Zoning Department issued a notice of public hearing on application SUP-360-13 to be held before the Caldwell Hearing Examiner on July 9, 2013. Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, have been met. On June 21, 2013 notice was mailed to all property owners within 300 feet of the project site and to all political subdivisions providing services to the site; on June 23, 2013 notice was published in the Idaho-Press Tribune; and, on June 27, 2013 notice was posted on the site. 1.2 Files and exhibits relative to this application are available for review in the Planning and Zoning Department, 621 Cleveland, Caldwell and at applicable public hearings. II GENERAL FACTS 2.1 PROPERTY OWNER: Pablo Villarreal Jr., 2812 Pecan Blvd., McAllen, TX 78501. 2.2 APPLICANT/DEVELOPER: J.R. Flores, 24282 State Line Rd., Parma, ID 83660 Case No.SUP-360-13 (Flores tattoo parlor) Page 1 of 4 Hearing Examiner Staff Report for July 9, 2013 ��1 2.3 REQUEST: The applicant is requesting special use permit approval to operate a tattoo parlor in an existing commercial strip mall building located at 2408 Cleveland Boulevard. The subject property is zoned C-2 Community Commercial, and a tattoo parlor is permissible in this zone with special use permit approval. The site is surrounded by commercial uses. 2.4 LEGAL DESCRIPTION: A legal description for the site was not necessary for the application. 2.5 COMPREHENSIVE PLAN DESIGNATION: The Caldwell Comprehensive Plan Map designation for the site of the special use permit is Commercial. Community Commercial: Suitable for a broad range of retail, service, and professional businesses clustered in areas such as a shopping center which may be anchored by one or more large retail establishments. 2.6 COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST: 2.6.1 Land Use: The subject property is zoned C-2 Community Commercial and is surrounded by the following uses: Direction Zone Comprehensive Map Use North C-2 Commercial Commercial South C-2 and R-3 Commercial and HDR Comm. and apartments East C-2 Commercial Commercial West C-D Institutional College of Idaho 2.6.2 Transportation/Connectivity: The subject property utilizes an existing street system. 2.6.3 Public Services, Utilities and Facilities: The engineering department, fire marshal, and building department were all sent a request for comment on June 17, 2013. No public agency comments were received. 2.7.4 Landscaping: This request does not generate any landscaping requirements as the site is fully developed. 2.7.5 Parking: This request does not generate any parking requirements as the site is fully developed with paved and striped parking areas. III TESTIMONY BEFORE THE HEARING EXAMINER, July 9, 2013 3.1 Reserved for Hearing Examiner. IV APPLICABLE LEGAL STANDARDS 4.1 City of Caldwell Zoning Ordinance No. 1451, as amended 4.2 City of Caldwell Comprehensive Plan, as amended 4.3 Idaho Code, Title 67, Chapter 65, Local Planning Act Case No.SUP-360-13 (Flores tattoo parlor) Page 2 of 4 Hearing Examiner Staff Report for July 9,2013 V COMPREHENSIVE PLAN ANALYSIS The Caldwell Hearing Examiner accepts the Comprehensive Plan Components as listed below. 5.1 The proposed project is consistent with the following Comprehensive Plan Components: GOALS AND POLICIES — Property Rights Goal 1: Ensure that land use policies, restrictions, conditions and fees do not violate private property rights, adversely impact property values or create unnecessary technical limitations on the use of the property. Policy 1-2: Identify potential takings of private property prior to a regulatory or administrative action on specific property. GOALS AND POLICIES — Economic Development Goal 2: Encourage business expansion and labor retention in areas suitable for commercial development. Policy 2-1: Provide commercial uses that meet all of the consumer needs for residents within the community and thereby reduce vehicle miles traveled. Goal 3: Create neighborhoods where citizens can live, work, and play. GOALS AND POLICIES — Land Use Policy 1-2: Encourage commercial and industrial uses in areas that are readily accessible to regional and principal arterials and/or public transit. Policy 2-3: Assemble land uses in a mixed-use fashion with homes and businesses located in a condensed area. 5.2 The request was not found to be inconsistent with any portion of the Comprehensive Plan Components. All adopted city ordinances, standards and codes were used in evaluating the application. The proposed use is conditionally permitted by the terms of the ordinance and is subject to conditions of approval. The proposed use will not cause damage, hazard, nuisance or other detriment to persons or properties in the vicinity which would conflict with the comprehensive plan. Based upon these items, staff recommends APPROVAL of the special use permit request. VI FINDINGS OF FACT 6.1 The Caldwell Hearing Examiner accepts the facts outlined in the staff report, public testimony and the evidence list. All adopted city ordinances, standards and codes were used in evaluating the application. The proposed use is conditionally permitted by the terms of the ordinance and is subject to conditions of approval. Case No.SUP-360-13 (Flores tattoo parlor) Page 3 of 4 Hearing Examiner Staff Report for July 9,2013 �V / V VII CONCLUSIONS OF LAW 7.1 The Caldwell Hearing Examiner has the authority to hear this case and order that it be approved or denied. The public notice requirements were met and the hearing was conducted within the guidelines of applicable Idaho Code and City ordinances. VIII ORDER OF DECISION 8.1 Based on the Findings of Fact and Conclusions of Law, the Caldwell Hearing Examiner hereby orders that Case No. SUP-360-13, a request by J.R. Flores for special use permit approval for a tattoo parlor in a C-2 Community Commercial zone located at 2408 Cleveland, is approved/denied with the following conditions of approval (if approved): 8.2 The specific terms and conditions placed on the Special Use Permit shall run with the land or until such time as the Permit may be revoked, become invalid or replaced with another approved permitted use or a different approved special use. 8.3 The special use permit shall not be considered as establishing a binding precedent to grant other special use permits. 8.4 The special use permit is not transferable from one (1) parcel of land to another parcel of land but may be transferred from one applicant/owner to another applicant/owner on the same parcel of land and for the same use. 8.5 All local, state, and federal rules and regulations shall be adhered to in the operation of the tattoo parlor. Case No.SUP-360-13 (Flores tattoo parlor) Page 4 of 4 �� Hearing Examiner Staff Report for July 9,2013 4/, Anne Marie. Skinner From: Anne Marie. Skinner Sent: Wednesday, July 03, 2013 1:22 PM To: 'blueringstudiol @gmail.com' Subject: Staff Report for Hearing on July 9 Attachments: SUP-360-13 Flores Tattoo Parlor HE.docm J.R., Attached please find the Staff Report for your public hearing with the Hearing Examiner on Tuesday,July 9, 2013 at 7:00 p.m. The hearing will be held in the Community Room at the Caldwell Police Station at 110 S. 10th Avenue. Please plan on arriving a few minutes prior to 7:00 p.m. to ensure enough time to sign the sign-up sheet. Staff will give a verbal staff report and then you will address the Hearing Examiner with an explanation of your project and answer any questions. Thank you, Anne Marie Skinner Senior Planner City of Caldwell Planning and Zoning 621 Cleveland Blvd. Caldwell, ID 83605 Direct Line: (208)455-4662 Fax: (208)455-3050 amskinner(c�ci.caldwell.id.us 1