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HomeMy WebLinkAboutCode Enforcement . City of Caldwell 111?iiititilkr,i,t-.6 `z '=t Planning and Zoning Department Vin./�, .�r,. 1\ 44,17--e %"`'` CODE ENFORCEMENT REPORT Date 02-25-2009 Case No. 2009-02-25-1157 Location: Anytime Fitness 2621 S 10t" Avenue Ste. 102 Caldwell, ID 83605 Complainant(s): Planning and Zoning Department Complaint: Verify compliance with conditions as set forth in SUP-319-08 Property Owner: John Palleria 2511 Dorman Avenue Caldwell, ID 83605 Special Use Permit Applicant: Taycor Development LLC and Willow Falls Development LLC INSPECTION RESULTS 02-25-2009 At the request of the Planning and Zoning Department, the conditions of SUP-319-08 are being inspected for compliance. Conditions that are relevant are as follows: 8.6. A sign permit shall be obtained prior to installing any new sign at the site, including temporary signs. All signage on the site shall always meet all requirements of the most current sign ordinance in place at the time of any development application. 8.11. Special use permit approval is valid for six consecutive months counted from the date of the signed Order of Decision. Should a Certificate of Occupancy not be issued within that timeframe the special use permit approval shall become null and void unless a time extension is requested and granted by the Planning and Zoning Director. 03-09-2009 Upon conducting a site inspection it was found that the conditions are met. The Certificate of Occupancy must be issued by 3-26-09, so this case will be monitored for compliance. 03-24-2009 As per Anne Marie, a Certificate of Occupancy was signed and issued. A sign permit was also obtained. Case Closed. GOAL I: To promote economic development initiatives relating to housing, business, jobs, schools, recreational opportunities, infrastructure systems, public utilities and facilities, and public services. GOAL IV: To create neighborhoods where citizens can live, work and play. OBJECTIVE H: To provide commercial uses that meet all of the consumer needs for residents within the community and thereby reduce vehicle miles traveled and land required for parking. C. Land Use— GOAL I: To 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. GOAL II: To create a strong sense of community and place. GOAL III: To create communities that are more livable, affordable and ecologically sustainable. D. Transportation — GOALS APPLICABLE TO CIRCULATION: GOAL III: To create communities with more cohesive, interconnected and walkable neighborhoods. GOAL IV: To promote healthy lifestyles. 5.2 The request was not found to be inconsistent with any portion of the Comprehensive Plan Components. Staff recommends approval of the request with conditions as listed in Section 8 of this staff report. VI FINDINGS OF FACT 6.1 The Hearing Examiner accepted the facts outlined in the staff report, public testimony and the evidence list. VII CONCLUSIONS OF LAW 7.1 The 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-319-08, a request by TayCor Development LLC and Willow Falls Development LLC for special use permit approval for a fitness facility in a C-1 Neighborhood Commercial zone is approved with the following conditions of approval: SUP-319-08 (Anytime Fitness SUP) Page 5 of 7 ORDER OF DECISION 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, replaced with another approved use or the use is discontinued for more than three (3) months. The Special Use Permit is not transferable from the approved site to another site. 8.3 The applicant/developer and owner, and any future assigns having an interest in the subject property, shall fully comply with all conditions placed upon the Special Use Permit. 8.4 No change(s) to the conditions and terms of the Special Use Permit, as approved, shall be undertaken until the Planning and Zoning Department Director has reviewed the proposed change(s) and determined whether or not the change(s) is substantial. If the change(s) is determined to be substantial, the change(s) shall only be allowed if approval is received through the public hearing process. 8.5 Any violation of the terms and conditions of the Special Use Permit shall be deemed a misdemeanor and subject to the provisions set forth in Idaho Code, 18-113. Each day's continued violation shall be deemed a separate offense. 8.6 A sign permit shall be obtained prior to installing any new sign at the site, including temporary signs. All signage on the site shall always meet all requirements of the most current sign ordinance in place at the time of any development application. 8.7 One temporary sign (which includes banner signs) is allowed on the site only for a maximum of 90 days per calendar year. 8.8 All Engineering items listed under Section 2.7.3 shall be met, accomplished and/or constructed. The Engineering Department shall inspect all required items to ensure compliance with City Engineering Code. No certificates of occupancy shall be issued until the subject property has passed all Engineering Department inspections. 8.9 No certificate of occupancy shall be issued until the subject property has met all Fire Department, Engineering Department, Planning and Zoning Department and Building Department requirements and passed all necessary inspections. Business operations cannot begin until the certificate of occupancy has been issued. 8.10 All city, state and federal regulations regarding any activity, building, business operation or use on the subject property shall be met prior to issuance of any certificates of occupancy. 8.11 Special use permit approval is valid for six consecutive months counted from the date of the signed Order of Decision. Should a Certificate of Occupancy not be issued within that timeframe the special use permit approval shall become null and void unless a time extension is requested and granted by the Planning and Zoning Director. SUP-319-08(Anytime Fitness SUP) Page 6 of 7 ORDER OF DECISION CASE NUMBER SUP-319-08 WAS HEARD BY THE HEARING EXAMINER AT A PUBLIC HEARING HELD SEPTEMBER 23, 2008. THE FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER OF DECISION WERE ADMINISTIVELY PROVED AND SIGNED BY THE HEARING EXAMINER ON THE DATE NOTED.BEtW. Jerom M pp;:ca1dwell , earing Examiner 7`'; /.7�' " ATTE T: . _ Ap Date/ -•1mr .11 11111111P. A M'_ne'kt fir, e for Planner SUP-319-08 (Anytime Fitness SUP) Page 7 of 7 ORDER OF DECISION