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Home My WebLink About02 Staff STAFF - Planning & Zoning ITEM DATE SUBMITTED BY SP-1 Hearing Notification Checklist 1 1,c().)'°,� trjj SP-2 Annexation Ordinance SP-3 Mailing List & Annexation Memo SP-4 Memo to Public Agencies SP-5 Mailing List & Annexation Verified 1 \ i`_ L7 i SP-6 Notice to Publish \ 1_ -7-013 —� SP-7 Mailing Notice CI- 21,- zD 1.5 SP-8 Affidavit of Publication 7; V + - i3 SP-9 Posting of Site , + _a- _ '3 SP-10 Staff Report � . �,�‘7 —3—\)° SP-11 SP-12 STAFF - City Council SC-1 Hearing Notification Checklist SC-2 Notice to Publish SC-3 Mailing Notice Zc SC-4 Memo to Public Agencies 3� SC-5 Affidavit of Publication SC-6 Posting of Site SC-7 Staff Report SC-8 PUBLIC HEARING REQUEST FOR AGENCY RESPONSE CHECKLIST \%_ P & Z/HE City Council Case NameOn r Wild •14 FLQ.,nesi, Mailing Date \1-Z2-71-27 Hearing Date \Z- 10-1 Address List Verified by I h f ' - 2i1...5 Publish Date I`---7J -t3 Public Agency Responses by I l'2-9- 2i-- Post Site Date \1-777- 3 Mail Public Agency Memos by II" 2 2' Engineering Department If site is in vicinity of water body: Fire Plans Examiner ( ) Bureau of Reclamation Building Department j ) Corps. Of Engineers js Police Department j ) Department of Water Resources SCHOOL DISTRICT ( ) Idaho Fish and Game ( ) Caldwell School District j ) Vallivue School District IRRIGATION DISTRICT j ) Pioneer Irrigation District If site is in vicinity of Boise River: ( ) Riverside Irrigation District ( ) Bureau of Land Management ( ) Canyon Hill Irrigation District j ) Boise Flood Control District #10 j ) Black Canyon Irrigation District If site is a gravel pit: j ) Golden Gate Irrigation District ( ) Department of Lands ( ) Caldwell Lateral Irrigation District j ) Wilder Irrigation District C) Franklin Ditch Co. (Midland area) If application is a subdivision plat vacation: ( ) Mason Creek Ditch Co. (Midland area) U DeAnn France, Canyon Co. Plat Room TRANSPORTATION ( ) Caldwell Transportation () Brown Bus Company j ) Canyon Highway District #4 ( ) Nampa Highway District #1 ( ) Idaho Transportation Department ( ) Valley Regional Transit j ) COMPASS (preliminary plats and annexations) OTHER ( ) Canyon County Development Services ( ) Boise Project Board of Control ( ) Southwest District Health ( ) Idaho Power ( ) Intermountain Gas j ) DTG Maps- Final Plats sSO, MEMO Date: November 8, 2013 To: Dave Marston, Mapping Department Angie Hopf, Mapping Department From: Jarom Wagoner, Senior Planner Caldwell Planning & Zoning Department RE: Case Number SUP-362-13 (Under The Ink-Fluence) Case Number SUP-362-13; a request by Jeremy Rhodes for special use permit approval to operate a tattoo parlor in a C-2 Community Commercial zone. The subject property is located at 2701 Cleveland Boulevard in Caldwell, Idaho. These Cases are being heard by the Caldwell Planning & Zoning Commission on Tuesday, December 10, 2013 and the notices need to be mailed on Friday, November 22, 2013. Please complete the mailing list and return to April Cabello by Friday, November 15, 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:jwagonert ci.caldwell.id.us If you have any questions, please contact me at extension 4662. April Cabello From: April Cabello Sent: Monday, November 11, 2013 8:15 AM To: Dave Marston; Angie Hopf Subject: 300ft Mailing List and Map Memo Attachments: SUP-362-13 Under The Ink-Fluence Special Use.pdf Hi Dave and Angie, Please see the attached memo. Thanks, April Cabello Planning Technician City of Caldwell (208) 455-4667 phone (208) 455-3050 fax 1 � 3 MEMO Date: November 8, 2013 To: Robb MacDonald, Engineering Department Andy Cater, Fire Marshal Travis Wright, Building Department Dave Wright, Police Department From: Jarom Wagoner, Senior Planner Caldwell P & Z Department RE: Case Number SUP-362-13 (Under The Ink-Fluence) Attached please find a land use application that you are invited to review. This case is scheduled to be presented before the Caldwell Planning & Zoning Commission on Tuesday, December 10, 2013 at 7:00 pm. Case Number SUP-362-13; a request by Jeremy Rhodes for special use permit approval to operate a tattoo parlor in a C-2 Community Commercial zone. The subject property is located at 2701 Cleveland Boulevard in Caldwell, Idaho. 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 Friday, November 29, 2013. E-mail:jwagoner(c�ci.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, November 11, 2013 8:13 AM To: Robb MacDonald; Andy Cater; Travis Wright; Dave Wright Subject: Public Agency Memo Attachments: SUP-362-13 Under The Ink-Fluence Special Use.pdf Hello, Please see the attached public agency memo. Please direct all responses or questions directly to Jarom Wagoner via email: jwagoner @ci.caldwell.id.us. 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Sparro . \ • / Griffiths Pkwy / . 7 tsp5Y'yss .sar,1 =' r— r^ II o '�-rr.7 22. 2 i k m.^�=2 N ,+ N Q1 /� 1..x.4. co u m j�/. v'myY°6_S'�^ no u9 M W �r L, Np AKn.K2lec N - YA SET NOTICE IS HEREBY GIVEN that the Caldwell Planning and Zoning Commission will conduct a public hearing on Tuesday, December 10, 2013, beginning at 7:00 p.m. in the Community Room of the Caldwell Police Department, 110 S. 5th Avenue, Caldwell, Idaho in order to hear the following: Case Number SUP-362-13; a request by Jeremy Rhodes for special use permit approval to operate a tattoo parlor in a C-2 Community Commercial zone. The subject property is located at 2701 Cleveland Boulevard in Caldwell, Idaho. 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, November 24, 2013 April Cabello From: April Cabello Sent: Tuesday, November 19, 2013 8:41 AM To: 'legals @idahopress.com' Subject: Legal Notice - Caldwell Planning & Zoning Commission - Publish Date November 24, 2013 Attachments: Hearing 12-10-13_PZ.doc Hello, The attached notice is for the Caldwell Planning & Zoning Commission Public hearing on December 10, 2013 to be published on Sunday, November 24, 2013. Thanks April Cabello Planning Technician City of Caldwell (208) 455-4667 phone (208) 455-3050 fax 1 5 t)" ;# <, -- Ph: 208.455.3000 u` _°.. i'; o Fax: 208.455.3003 E *: www•cityofcaldwell.com `` o ` l ' - $a` 'f2-f l The Treasure of the Valley NOTICE IS HEREBY GIVEN that the Caldwell Planning & Zoning :°= Commission will conduct a public hearing on Tuesday, December 10, 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, ct Caldwell, Idaho in order to hear the following: Debbie Case Number SUP-362-13; a request by Jeremy Rhodes for special use permit approval to operate a tattoo parlor in a C-2 Community Commercial zone. The subject property is located at 2701 Cleveland Boulevard in Caldwell, Idaho. 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. �� - rAf'=-.;, 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 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 be obtained by calling 455-4662 and by leaving a message if after-hours. Information can also be requested by emailing Jarom Wagoner at y-jr 0- 4 jwagoner(a�ci.caldwell.id.us or faxing him 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 i 4 j e. not help your cause to anger,alienate or antagonize the decision makers who are listening to your presentation. . j :� 2. Show your strength...Many neighborhood groups have organized their testimony by having one or a few people speak on behalf of the -� iii � � 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 C •.!lame a 208 455-4667 antes de la reunion. 100 BEST4 ers COMRk7NtTlES AfttlitEa cRITAAli Jvt - AMERi v'e' City Hall • 411 Blaine Street • P.Q.Box 1179 • Caldwell,Idaho 83606 • 208.455.3000 of'r, Ph: 208.455.3000 G t, � Fax: 208.455.3003 www.cityokaldwell.com l n,a ¢` , j ] /aA The Treasure vt'the Valley NOTICE IS HEREBY GIVEN that the Caldwell Planning & Zoning Commission will conduct a public hearing on Tuesday, December 10, 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 Number SUP-362-13; a request by Jeremy Rhodes for special use permit approval to operate a tattoo parlor in a C-2 Community Commercial vl, zone. The subject property is located at 2701 Cleveland Boulevard in Caldwell, Idaho. 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 a 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 be obtained by calling 455-4662 and by leaving a message if after-hours. Information can also be requested by emailing Jarom Wagoner at/wagoner a ci.Caldwell.id.us or faxing him 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 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 pars participar en la reunion debe contactar al las oficinas de la Ciudad o(lame a 208 455-4667 antes de la reunion. 6pWIVE4 100 BEST COMMONft1S 40sE4�4% H�artacE v INC PT AMERICA kPpurrec )x`• TREE env l,L' C6N City Hall • 411 Blaine Street • P.O.Box 1179 • Caldwell,Idaho 83606 • 208.455.3000 AFFIDAVIT OF PUBLICATION 30311 1005160 STATE OF IDAHO ) )SS. 1 CALDWELL, CITY OF County of Canyon ) ATTN: ACCOUNT PAYABLE Linda Spencer 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, LEGAL NOTICE and at all times hereinafter mentioned NOTICE IS HEREBY GIVEN was over the age of eighteen years, and that the_Caldwell Planning not a party to the above entitled action. and Zoning Commission will 2. That I am the Principle Clerk of the conduct a public hearing on Tuesday, December 10, Idaho Press-Tribune, a daily newspaper 2013, beginning at 7:00 p.m. in published in the City of Nampa, in the the Community Room of the Caldwell Police Department, County of Canyon, State of Idaho; that 110 S. 5th Avenue, Caldwell, the said newspaper is in general Idaho in order to hear the fol- lowing: circulation in the said County of Case Number SUP-362-13 Canyon, and in the vicinity of Nampa a request by Jeremy Rhodes and Caldwell, and has been for special use permit approval uninterruptedly published in said to operate a tattoo parlor in a C-2 Community Commercial County during a period of seventy-eight zone. The subject property is consecutive weeks prior to the first located at 2701 Cleveland Boulevard in Caldwell, Idaho. - publication of this notice, a copy of Case files and exhibits rela- is hereto attached. tive to this request are on file 3. That the notice, of which the annexed is at the Caldwell Planning and Py, printed rinted co > was published in said Zoning Department located at 621 Cleveland Blvd. Files are newspaper 1 times(s) in the regular and available for review during the entire issue of said paper, and was hours of 8:00 a.m.to 5:00 p.m. P P Monday through Friday. For printed in the newspaper proper, and not any further information, please call 455-3021. A person who in a supplement. is visually and/or hearing im- That said notice was published the following: paired, or needs an interpreter should contact the City prior to 11/24/2013 the meeting. November 24,2013 A li 1005160 STATE OF IDAHO) County of Canyon) On this 25th day of November in the year of 2013 before me a Notary Public, personally appeared. Linda Spencer, known or identified 0.,•,+"""t•,,, to me to be the person whose name is subscribed �,.`,S�t1ETT '•,,� to the within instrument, and being by me first CQ;••',,.•{•,,'•., �'•, duly sworn, declared that the statements therein Z,1 is.s. %O t are true, and acknowledge to me that he/she • O / :i Q ! executed the same.+ •t.. •s`••....,••''0-.*■ Notary Public for Idaho ' J. • '•,,,, STAlvoo Residing at Canyon County """"" My Commission expires 09/12/2018 5 kg 11 Billing Period 21 Advertiser/Client Name 11/2013 1 CALDWELL, CITY OF IDAHO PRESS TRIBUNE EMMETT MESSENGER-INDEX 23) Total Amount Due *Unapplied Amount 31 Terms of Payment C/O ISJ PAYMENT PROCESSING CEN 34 . 60 PO BOX 1570 POCATELLO ID 83204 211 Current Net Amount Due 'i 22) 30 Days -60 Days Over 90 Days (208)467-9251 N/A N/A N/A N/A Fax(208)467-1863 4) Page Number 51 -Billing Date 61 Billed Account Number ', 71 Advertiser/Client Number Advertising Invoice 1 11/24/13 775895 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 10 Date 11 News 151 .'SAU Size 471'Times Run .. I 1 paper Reference 121131141 Description-Other Cotmnents/Charges 191 Gross Amount 1201 Net Amount 181 84188 Units= 181 Rate 11/24/13 1005160 PH 12/10/13 PLAN & ZON 1X 40 . 00 1 LG LEGAL NOTICE NOTICE IS 40 . 00 29 . 60 34 . 60 34 . 60 11/24 IPT QLLt' 1/ Statement of Account -Aging of Past Due Amounts Due date : 12/09/13 211 Current Net Amount Due 221 30 Days 60 Days Overi0 Days. *Unapplied Amount 231 Total Amount Due N/A N/A N/A N/A 34 . 60 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 775895 11/2013 30311 30311 1 CALDWELL, CITY OF gill .111 ,. „„. .,,..,.# 1? (3) ,,,t,•y, , f.. 017..1 3- ,.i . ., i , ,... , .. 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' rrr r gttrg.gravrgg ';.7,,'‘4,,,,,f 4:• t,,,,, ''' t 4,,' :,*,1,,h*"*„,,,%,:t,„„„,A(4.,::",„ °'*,^t. ,. .. .,„ . . r' g"fC''7'r'gr,argV" '' vvv rhagl ' ' '''' g . .„,t4r,,,„Wrig ig r „.71;*$.4g.gr 1:,,:, ■• '' ''': ''''''i:tt: 1 . ,,. .44 . 4 ' g Ae......1....,-....,,,i, . -.4:.‘,.N. 1 40, ., / , ar .. . . r . r la- BEFORE THE PLANNING AND ZONING COMMISSION CITY OF CALDWELL, IDAHO PUBLIC HEARING HELD DECEMBER 10, 2013 To: Caldwell Planning and Zoning Commissioners From: Jarom Wagoner, Senior Planner Subject: Staff Report— Case No. SUP-362-13 (Under The Ink-Fluence Tattoo Parlor) Date: December 9, 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-362-13 to be held before the Caldwell Planning and Zoning Commission on December 10, 2013. Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, have been met. On November 22, 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 November 24, 2013 notice was published in the Idaho-Press Tribune; and, on November 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: Gerald & Shirley Beukelman, 3398 N. Can-Ada Rd., Nampa, ID 83687. 2.2 APPLICANT/DEVELOPER: Jeremy Rhodes, 409 E. Denver St., Caldwell, ID 83605. Case No.SUP-362-13 Under The Ink-Fluence Tattoo Parlor Page 1 of 5 P&Z Staff Report for December 10, 2013 2.3 REQUEST: The applicant is requesting special use permit approval to operate a tattoo parlor in an existing commercial building located at 2701 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 Commercial Commercial East C-2 Commercial Commercial West C-2 Commercial Commercial 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 November 8, 2013. No public agency comments were received as of the date of this staff report. 2.7.4 Landscaping: As per Section 10-07-02(2) of City Code, landscaping is required for this project. A detailed landscaping plan was not submitted with the application. Section 10-07-08 of City Code requires street landscape buffers to include: a mixture of trees, shrubs, and vegetation, a tree density equivalent to one tree per 35 linear feet of frontage and one shrub for every 7 linear feet of frontage (excluding driveways). Due to the unusual shape of the parcel there is approximately 750 feet of frontage which would equate to the planting of 21 trees and 107 shrubs, along with vegetative ground covering over approximately 12,000 square feet of area. Staff is recommending a modification of the landscape buffer requirements to only require the applicant to plant trees and shrubs within the existing buffer area along Blaine Street, beginning at the existing access in alignment with Georgia Avenue and continuing to the southeast for approximately 350 feet. This area currently exists with vegetation (grass). Staff is recommending that the applicant be required to plant 5 trees toward the southeast end of the existing grass area, so as to not be in conflict with the curved roadway. Staff is recommending that the applicant be required to landscape a minimum 250 square foot area located at the driveway entrance off of Blaine Street. This area should contain dry landscaping including landscape rock, boulders, and a minimum of 8 shrubs. The shrubs planted should be maintained at a maximum height of 3 feet. These requirements will Case No.SUP-362-13 Under The lnk-Fluence Tattoo Parlor Page 2 of 5 P&Z Staff Report for December 10, 2013 1 �, fW enhance the area, while also limiting the financial impact on the applicant from not having to landscape the entire frontage. Staff is recommending that the applicant be allowed a grace period to install the required landscaping. This will allow the applicant to operate their business, while this requirement is being met. Staff recommends that the landscaping requirements must be met within 6 months of the signing of the Order of Decision for this case. Staff recommends that in lieu of requiring a professional landscape architect to stamp the landscape plans that the applicant works with Planning & Zoning staff in determining the appropriate trees and shrubs to be planted, and the appropriate locations. 2.7.5 Parking: The parking lot as it currently exists meets the parking requirements of city code. III TESTIMONY BEFORE THE PLANNING AND ZONING COMMISSION, December 10, 2013 3.1 Reserved for Planning & Zoning Commission. 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 V COMPREHENSIVE PLAN ANALYSIS The Caldwell Planning & Zoning Commission 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. Policy 1-3: Consider on a case-by-case basis economic hardship relief that would allow legitimate, economically beneficial uses of property in situations where regulations would have an extreme result. GOALS AND POLICIES — Economic Development Goal 1: Promote economic development initiatives relating to housing, business, jobs, schools, recreational opportunities, infrastructure systems, public utilities and facilities, and public services. Policy 1-3: Encourage development that generates new job opportunity. GOALS AND POLICIES — Land Use Case No.SUP-362-13 Under The Ink-Fluence Tattoo Parlor Page 3 of 5 P&Z Staff Report for December 10, 2013 Goal 1: Establish land-use management policies that protect property rights and the environment, maintain a high quality of life, provide adequate land for all types of development, and adequately buffer non-compatible uses. Policy 1-2: Encourage commercial and industrial uses in areas that are readily accessible to regional and principal arterials and/or public transit. 5.2 The proposed project is not consistent with the following Comprehensive Plan Components: GOALS AND POLICIES — Community Design Goal 1: Foster growth and redevelopment in a manner that will enhance and improve the City's visual image. Policy 1-4: Ensure that new development enhances rather than distracts from the visual image of surrounding areas. Based upon these items, staff recommends APPROVAL of the special use permit request with the conditions of approval as outlined in Section 8 of this report. VI FINDINGS OF FACT 6.1 The Caldwell Planning & Zoning Commission 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. VII CONCLUSIONS OF LAW 7.1 The Caldwell Planning & Zoning Commission 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 Planning & Zoning Commission hereby orders that Case No. SUP-362-13, a request by Jeremy Rhodes for special use permit approval to operate a tattoo rlor in a C-2 Community Commercial zone located at 2701 Cleveland Boulevard, is pprove' /denied with the following conditions of approval (if approved): 8.2 The special-use permit to operate a tattoo parlor shall be solely for the applicant, Jeremy Rhodes, and his business Under The Ink-Fluence Tattoo. 8.3 The special use permit is not transferable from one (1) parcel of land to another parcel of land and may not be transferred from one applicant/owner to another applicant/owner on the same parcel of land. 8.4 The applicant shall install 5 Class II trees within the existing landscape buffer located along Blaine Street, abutting the site and provide a minimum 250 square foot landscaped area at the driveway entrance on Blaine Street. The landscape area shall include landscape rock, boulders, and a minimum of 8 shrubs. The applicant shall work with Planning & Zoning staff Case No.SUP-362-13 Under The Ink-Fluence Tattoo Parlor Page 4 of 5 P&Z Staff Report for December 10, 2013 / V in the design, location, and types of planting materials. The trees and shrubs shall be planted within 6 months from the date of the signing of the Order of Decision for this application. If this condition is not met, the special-use permit approval shall be null and void. 8.5 The applicant shall comply with City Code 10-02-06 regarding all signage on the subject property. 8.6 The applicant shall remove the existing vacant sign and pole that is within the right-of-way located on Blaine Street adjacent the existing driveway in alignment with Georgia Avenue. 8.7 All local, state, and federal rules and regulations shall be adhered to in the operation of the tattoo parlor. Case No.SUP-362-13 Under The Ink-Fluence Tattoo Parlor Page 5 of 5 P&Z Staff Report for December 10, 2013