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Home My WebLink About02 Staff I STAFF ITEM DATE SUBMITTED BY S-1 HEARING NOTIFICATION 6-07-01 STEVE HASSON CHECKLIST S-2 NOTICE TO PUBLISH 6-07-01 STEVE HASSON S-3 MAILING LABELS LIST, 300' 6-11-01 JOAN HOLMES VERIFIED S-4 MAILING NOTICE 6-11-01 JOAN HOLMES S-5 MEMO TO GORDON LAW, / _(s-c b DOUG BROWN, LONNIE FREEMAN t0 S-6 AFFIDAVIT OF PUBLICATION 6-12-01 S-7 AGENDA & STAFF REPORT (o - 2 5-O I 5-c 1 E Pip Sso, f s"b Let+e-r oar svbm►4tirc) 1 111 I o l ties/e Ora 5 SCy h b ycckLx S-9 kkaiwo d--c) t 4 t, —6(2-81z- re m '''.-IsuyiL___) PUBLIC HEARING NOTIFICATION CHECK LIST CASE NO. J P z -o ff CASE NAME s J c HEARING DATE Z- PUBLISH DATE ,�„�e , -- (faxed to Press on 4/7 ) MAILING DATE J •'^+ G f The following, if checked, are to be noticed no later than the above noted mailing date: N Applicant (.4 Representative _If site is in vicinity of water body: (x) Caldwell School District ( ) Bureau of Reclamation ( Property within 300 feet of project site ( ) Idaho Fish and Game (X) Pioneer Irrigation District ( ) Corps. of Engineers ( ) Riverside Irrigation District ( ) Department of Water Resources ( ) Canyon Hill Irrigation District If site is in vicinity of Boise River: ( ) Black Canyon Irrigation District ( ) Bureau of Land Management ( ) Golden Gate Irrigation District ( ) Caldwell Lateral Irrigation District If project is a gravel pit: (x) Canyon County Development Services () Department of Lands Canyon County Ambulance District ( ) Canyon Highway District#4 ( ) Other (,S Vallivue School District ( ) Boise Project Board of Control ( ) Post Site on n z ()l Southwest District Health ( ) Idaho Transportation Department I verify that legal notification was published on the date noted below and that the mailings to those persons/agencies, as checked,was done on the mailing date stated. Verified by: c//i' e a,' Date Signed: I verify that I posted the site on the date noted above. Verified by Dated: NOTICE IS HEREBY GIVEN that the Caldwell Hearing Examiner will conduct a public hearing in the public meeting room of the Canyon County Courthouse, 1115 Albany, Caldwell, Idaho on Wednesday, June 27, 2001 at 7:00 p.m., in order to hear the bllowing: Case No. OA-36-01, a request by the Community Development Director to adopt an amended zoning map that supersedes and replaces the zoning map as adopted by City Council on April 3, 2000 (Ordinance No. 2323). The new map includes all rezones and annexations that occurred between January 1, 2000 and December 31, 2000. All of the zone boundary changes that occurred during this time period were approved by City Council at respective public hearings held pursuant to the requirements of Idaho Code, Title 67, Chapter 65, Local Planning Act. Case No.ZON-13-01,a request by Karen Roark to rezone a vacant 8.91-acre land parcel from R-1 (Single Family Residential) to R-3 (Multi-Family High Density Residential). The parcel fronts on Logan Street and is approximately 458 feet northeast of the intersection of Dorman Avenue and W. Logan Street. Case No. ANN-55-01, a request by Greg Sittig to annex approximately 1.7 acres into the City as a R-2 (Medium Density Residential Zone). The parcel is located approximately 1550 feet northeast of the intersection of S. 10`h Avenue and Homedale Road and is more commonly known as 5107 S. 10`h Avenue and is contiguous to the City. The parcel is located within the area of City Impact, is zoned County Agricultural, and is designated as Low Density Residential on the Comprehensive Land Use Map. Case No. SUP-124-01 a request by Jose Castellanos for approval of a special use permit to operate a bar and dance hall. The club will occupy a leased space in the El Mercado Building located at 317 Happy Day Blvd. The underlying land is zoned C-3 (Service Commercial). Case files and exhibits relative to this request is on file at the Caldwell Community Development 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 be obtained by calling 455-3021. PUBLISH: JUNE 12, 2001 Hear6he FirstName LastNarn Addressl — City IGOR BABICHENKO 700 E ADDESON ST MERIDIAN, ID 83642 CABLE ONE 1314 N 3RD ST PHOENIX, AZ 85004 CANYON COUNTY 1115 ALBANY ST CALDWELL, ID 83605 BARTON HOLLOWAY PO BOX 967 CALDWELL, ID 83606 IDAHO COUNCIL, INC 317 HAPPY DAY BLVD CALDWELL, ID 83607 MIGRANT STE 4 ROBERTO JASSO 1517 E USTICK RD CALDWELL, ID 83605 ROBERTO JASSO 1517 E USTICK RD CALDWELL, ID 83605 PETER JENSEN 626 VIEW WAY NAMPA, ID 83686 PETER JENSEN 626 VIEW WAY NAMPA, ID 83686 TIMOTHY LARSON 13107 GREENWELL CALDWELL, ID 83605 MICHAEL LENNARTZ 5521 LASTER LN CALDWELL, ID 83607 LAWRENCE MILLER 5650 S STATE ST MURRAY, UT 84107 GEM NINE 1331 11TH AVE N EXT NAMPA, ID 83687 RICHARD SUTTLE 6211 CLEVELAND B CALDWELL, ID 83607 RICHARD SUTTLE 6211 CLEVELAND BLVD CALDWELL, ID 83605 GARY VANCE PO BOX 626 CALDWELL, ID 83606 JOSE CASTELLANOS 143 5TH ST #8 WILDER, ID 83676 PAUL NG 1819 N MIDDLETON RD NAMPA, ID 83651 BYLL THIES 15423 10TH AVE CALDWELL, ID 83605 TOM MOORE CALDWELL SCHOOL DIST #132 1101 CLEVELAND BLVD CALDWELL, ID 83605 VAUGHN VALLIVUE SCHOOL DIST #139 5207 S MONTANA AVE CALDWELL, ID 83605 HEINRICH LONNIE PIONEER IRRIGATION DIST PO BOX 426 CALDWELL, ID 83605 FREEMAN RIVERSIDE IRRIGATION DIST 25502 PET LN PARMA, ID 83660 CANYON HILL IRRIGATION 2505 JACKSON CALDWELL, ID 83605 ROY ORR BLACK CANYON IRRIG DIST PO BOX 226 NOTUS, ID 83656 GOLDEN C/O RIPLEY DOORN & CO 824 DEARBORN ST CALDWELL, ID 83605 GATE IRRIGATION SONNA LYNN CANYON CO DEVELOP SVCS 1115 ALBANY ST CALDWELL, ID 83605 FERNANDEZ REX BERRIE CALDWELL LATERAL IRRIG 1616 E CHICAGO ST CALDWELL, ID 83605 GREG OWEN CANYON CO AMBULANCE PO BOX 9160 NAMPA, ID 83652 SID BRIGHT CANYON HWY DISTRICT #4 15435 HWY 44 CALDWELL, ID 83605 2ASTELLANOS i 1) �oF GpLDWi f .� City of Caldwell /.; �•._... COMMUNITY DEVELOPMENT DEPARTMENT ,4 V Land Use and Zoning Services More To Disc g STEVE HASSON Community Development Director NOTICE IS HEREBY GIVEN that the Caldwell Hearing Examiner will conduct a public hearing in the public meeting room of the Canyon County Courthouse, 1115 Albany, Caldwell, Idaho on Wednesday, June 27, 2001 at 7:00 p.m., in order to hear the following: Case No. SUP-124-01 a request by Jose Castellanos for approval of a special use permit to operate a bar and dance hall. The club will occupy a leased space in the El Mercado Building located at 317 Happy Day Blvd. The underlying land is zoned C-3 (Service Commercial). 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 Community Development Department and will be made a part of the public record during the public hearing. Public testimony will also 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 Community Development 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 be obtained by calling 455- 3021. CITY HALL • 621 CLEVELAND BLVD. P.O. BOX 1177 • CALDWELL, ID 83605 • (208) 455-3021 (FAX) (208)455-3050 Memorandum Date: 6/15/01 To: Doug Brown Gordon Law Lonnie Freeman Ben Weymouth Bob Sobba From: Steve Hasson RE: Review of a special use permit to operate a bar and a dance hall in El Mercado Building Gentleman: the following case has been scheduled before the Hearing Examiner on Wednesday, June 27, 2001: Land Use application No. SUP — 124 — 01 — a special use permit to operate a bar and a dance hall in El Mercado building; this application is submitted by Jose Castellanos. I would have you review the attached application and provide input to those areas I have highlighted. I would appreciate your e-mailed comments by nd WP-4 Thank you in advance for your contribution. vJ V✓( . -fig City of a d ell COMMUNITY DEVELOPMENT DEPARTMENT ,, Land Use and Zoning Services +eToC STEVE HASSON Community Development Director Caldwell Hearing Examiner agenda for hearing of Wednesday, June 27, 2001, 7:00 p.m., in the public meeting room of the Canyon County Courthouse, 1115 Albany, Caldwell, Idaho. AGENDA I. Call to Order Ii. Review of Proceedings III. New Business- Hearings A. Case No. OA-36-01, a request by the Community Development Director to adopt an amended zoning map that supersedes and replaces the zoning map as adopted by City Council on April 3, 2000 (Ordinance No. 2323). The new map includes all rezones and annexations that occurred between January 1, 2000 and December 31, 2000. All of the zone boundary changes that occurred during this time period were approved by City Council at respective public hearings held pursuant to the requirements of Idaho Code, Title 67, Chapter 65, Local Planning Act. B. Case No. ANN-55-01, a request by Greg Sittig to annex approximately 1.7 acres into the City as a R-2 (Medium Density Residential Zone). The parcel is located approximately 1550 feet northeast of the intersection of S. 10th Avenue and Homedale Road and is more commonly known as 5107 S. 10th Avenue and is contiguous to the City. The parcel is located within the area of City Impact, is zoned County Agricultural, and is designated as Low Density Residential on the Comprehensive Land Use Map. C. Case No. ZON-13-01, a request by Karen Roark to rezone a vacant 8.91- acre land parcel from R-1 (Single Family Residential) to R-3 (Multi-Family High Density Residential). The parcel fronts on Logan Street and is approximately 458 feet northeast of the intersection of Dorman Avenue and W. Logan Street. D. Case No. SUP-124-01 a request by Jose Castellanos for approval of a special use permit to operate a bar and dance hall. The club will occupy a leased space in the El Mercado Building located at 317 Happy Day Blvd. The underlying land is zoned C-3 (Service Commercial). IV. Planning Issues V. Adjourn - 1 CITY HALL 621 CLEVELAND BLVD. P.O. BOX 1177 • CALDWELL, ID 83605 (208)455-3021 (FAX) (208) 455-3050 { CASE NO. SUP-124-01 JOSE CASTELLANOS BEFORE THE CALDWELL HEARING EXAMINER CITY OF CALDWELL,IDAHO IN THE MATTER OF THE APPLICATION OF JOSE CASTELLANOS FOR A SPECIAL USE PERMIT TO INCLUDE A BAR AND A DANCE HALL LOCATED IN EL MERCADO BUILDING. 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 IX. OTHER CONDITIONS OF APPROVAL. I COURSE OF PROCEEDINGS 1.1 The Caldwell Community Development Department issued a notice of Public Hearing on application SUP-124-01 to be held before the Caldwell Hearing Examiner on June 27, 2001. Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, have been met. On June 12, 2001 notice was published in the Idaho-Press Tribune; on June 11, 2001 notice was mailed to all property owners within 300 feet of the project site and to all political subdivisions providing services to the City of Caldwell; and, on June 20, 2001 notice was posted on the site. 1.2 Files and exhibits relative to this application are available for review in the Community Development Department and will be available for review at the hearing. II GENERAL FACTS 2.1 APPLICANT: Jose Castellanos, 143 5th Street# 8,Wilder,ID 83676 2.2 OWNER: Idaho Migrant Council, 317 Happy Day Blvd., Caldwell, ID 83605. Humberto Fuentes is the Executive Director/Landlord of El Mercado building who has agreed to lease space in that facility for purposes of establishing a dance Hall use as noted in a letter submitted along with the application dated May 31,2001. 2.3 REQUEST: Approval of a special use permit to operate a bar and a dance hall in the El Mercado Building; a floor plan is attached shows the dance floor in relation to the business layout. 2.3.1 The Applicant notes in his narrative that the intent is to hold special dances on Tuesdays,Wednesdays, Thursdays,Fridays, Saturdays and Sundays. Tuesdays and Wednesdays are dedicated to teenage dance during the hours of 6:00 to 10:00 p.m.; the bar will be closed on these days. Adult dance will be Thursday through Sunday during the hours of 6:00 p.m. to 1:00 a.m. 2.3.2 Zoning Ordinance No. 1451, Section 10-02-02, permits a Dance Hall and a Bar to be located in a C-3 S' � zone by special use permit. 2.4 LOCATION: The dance club establishment to be known as Club Chaos will be located in the central Suite of El Mercado building, 317 Happy Day Boulevard. (See location map) 2.5 COMPREHENSIVE PLAN LAND USE DESIGNATION: Commercial C-3. 2.6 COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST: 2.6.1 Property Rights: The five checklist criteria set forth by the Attorney General in the "Idaho Regulatory Takings Act Guidelines" was reviewed by planning staff and none of the criteria was answered in the affirmative. 2.6.2 School Facilities and Transportation: The Caldwell and Vallivue School Districts were notified of the request through mailing of the public hearing notification on June 11th, 2001 2.6.3 Land Use: Commercial—El Mercado houses many uses, such as retail sales/offices/restaurants. 2.7 Public Services,Utilities and Facilities: Pioneer Irrigation District was contacted: Mr.Freeman advised that the District did not have any special concerns or issues with this contemplated use. The Engineering Department provides the following comments concerning the use by Jose Castellanos: 1. If there is to be any increase in impervious area, provisions are to be made for the disposal of stormwater drainage in accordance with the City's Stormwater Management Policy. A copy of this policy is available upon request. The engineer of record is to provide calculations, which indicate the assumptions in his storm drainage plan,which comply with the storm drainage policy. 2. If applying for a building permit, the applicant will be required to adhere to the City of Caldwell Infrastructure Improvement Policy governing street improvements, such as curb, gutter, and sidewalk. 3. The existing property is connected to City sewer and water, but may be subject to additional connection fees if the proposed use increases the demand on City sewer and water services. 2.8 Fire Protection: The Caldwell Fire Department provided the following: For the record, there is an existing bar and dance hall facility already in this mercantile complex. It is called La Hacienda. This new application should not be confused with the existing La Hacienda bar and dance hall. However,parking requirements for the La Hacienda should be carefully reviewed in conjunction with this application to ensure adequate parking for two separate bar and dance hall businesses in the same commercial complex. If a SUP for this new venue is authorized,the CFD will require, as a condition of approval,that this facility comply with all applicable 1997 Uniform Fire Code regulations in place at the time of review of the SUP. We have met with the Applicant,Mr. Castellanos, and reviewed those items that we would require. Unlike other recent bar and dance hall applicants,the El Mercado facility has an automatic fire sprinkler and fire alarm systems already installed. To review this facility the Applicant needs to submit appropriate and complete plans. The following items are required for plan review: • A"to-scale"vicinity map showing surrounding streets and alleys, fire hydrant locations and adjoining buildings or exposures. • A"to-scale"floor plan drawing of the facility that accurately shows all exits, openings in walls (windows), proposed furniture layout(tables, chairs,bar stools, etc.), dance floor area, stage (if applicable), cooking area, aisle ways,restrooms and storage areas. The CFD looks forward to working with the Applicant through the SUP and plan review process. As a point of reference it should be noted that El Mercado building houses another dance club in La Hacienda Restaurant. In a memorandum dated October 3, 2000 relating to La Hacienda Restaurant's special use permit to engage in a dance hall activity the City Fire Marshal stated the facility will require a modification of the occupant load calculations and will be calculated during the plan review (change in use permit). Gordon Law noted in a memorandum dated October 3, 2000 that if there is any increase in impervious area the City's Stormwater Management Policy will have to be met, and that the Infrastructure Improvement Policy governing street improvements will have to be met. III TESTIMONY 3.1 Reserved. IV APPLICABLE LEGAL STANDARDS 4.1 City of Caldwell 1977 Comprehensive Plan, as amended. 4.2 City of Caldwell Zoning Ordinance No. 1451, as amended. 4.3 Idaho Code, Chapter 65, Local Planning Act V COMPREHENSIVE PLAN ANALYSIS - The request is applicable to the following Comprehensive Plan Components: (The following is a suggested analysis. It can be accepted by the Hearing Examiner as suggested, or additions/deletions can be made) 5.1 Property Rights- GOAL: To ensure that land use policies, restrictions, conditions and fees do not violate property rights, adversely impact property values or create unnecessary technical limitations on the use of the property. OBJECTIVE B: To identify potential takings of private property prior to a regulatory or administrative action on specific property. POLICY 1: Require staff to follow the Attorney General's Checklist Criteria outlined in the Idaho Regulatory Takings Act Guidelines prior to any proposed regulatory or administrative action on specific property, and to request legal counsel's review if any one of the criteria is answered in the affirmative. Staff reviewed the five criteria outlined in the Takings Act Guidelines and did not answer yes to any of the criteria. 5.2 School Facilities and Transportation- GOAL: To provide the on-going opportunity for school representatives of Caldwell and Vallivue School Districts to participate in the community planning process. POLICY 1: Include the school districts in the review process when considering land-use proposals. At a minimum, notice of the hearing for each proposal should be provided to the districts and any additional information that the districts might subsequently request. The Caldwell and Vallivue School Districts were notified of the request through mailing of the public hearing notification on June 11, 2001. 5.3 Land Use— GOAL: 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. The request is to permit a nightclub for dances to be held in a building that houses various uses, i.e., retail sales, offices, restaurants. The nightclub is viewed as compatible with other uses in this building. 5.4 Public Services,Utilities and Facilities— GOAL: To ensure that there are adequate police, fire, emergency services, and public utilities to meet the needs of the public. OBJECTIVE A: To protect the safety of people and their property. POLICY 2: Require emergency service providers, such as police and fire departments and EMS, in the development review process. VI FINDINGS OF FACT 6.1 Reserved for the Hearing Examiner. (Note: The general facts outlined in the staff report should be accepted as Findings of Fact and any other facts brought forward during public testimony should be restated by the Hearing Examiner and included as Finding of Fact.) VII CONCLUSIONS OF LAW(suggested) 7.1 The Hearing Examiner has the authority to hear this case and to approve or deny; 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-124-01, a request by Jose Castellanos for approval of a special use permit to conduct a dance hall and a bar to be located in El Mercado building is approved/denied with the following conditions: (if approved) 8.2 The specific terms and conditions placed on the Special Use Permit shall run with the land and remain valid upon a change of ownership, or until such time that the Permit may be revoked, become invalid, or replaced with another approved use. The Special Use Permit is not transferable from the approved site to another site. 8.3 The Applicant, or future assigns having an interest in the subject property, shall fully comply with all conditions placed upon this Special Use Permit. 8.4 No changes in the conditions and terms of this Special Use Permit, as approved, shall be undertaken by the Applicant, or future assigns having an interest in the subject property, until the Community Development Director has reviewed the proposed changes and determined whether or not they are substantial. If the changes are considered to be substantial, an amendment to the special use permit can only be granted by the Planning and Zoning Commission or Hearing Examiner through the public hearing process. 8.5 Any violation of the terms and conditions of this Special Use Permit by the Applicant, or future assigns having an interest in the subject property, will be deemed a misdemeanor and subject to the provisions set forth in Idaho Code, 18-113. Each day's continued violation will be deemed a separate offense. 8.6 A change in use (building) permit shall be obtained prior to the nightclub activities commencing. All of the requirements placed on the change in use permit by the Building Official, Fire Marshall and City Engineer shall be met prior to the permit being issued. IX OTHER CONDITIONS OF APPROVAL 9.1 Reserved for Hearing Examiner Report prepared by: /Aer 411, (0 25 � Commun i evelopment i irector Date �pFGALDwt,„,� *�. � City of Caldwell 9y ti,, , . COMMUNITY DEVELOPMENT DEPARTMENT Land Use and Zoning Services k�fm�J< 9 M°�e Ta ocv STEVE HASSON Community Development Director 7/11/2001 Jose Castellanos 143 5th St. #8 Wilder, ID 83676 RE: ORDER OF DECISION — CASE NO. SUP-124-01 Dear Jose: Enclosed for your files is a copy of the above referenced document as approved and signed by Hearing Examiner M. Jerome Mapp on July 3, 2001. Please review the conditions outlined in Section VIII, and note Conditions No. 8.2 thru 8.8 and specifically the following: 1) a change in use (building) permit shall be obtained prior to the nightclub activities commencing. All of the requirements placed on the change in use permit by the Building Official, Fire Marshall and City Engineer shall be met prior to the permit being issued; 2) in the event the parking after hours is not sufficient to handle the patron's needs that the Applicant will acquire additional parking; 3) a to-scale vicinity map showing surrounding streets and alleys, fire hydrant locations and adjoining buildings or exposures; 4) a to-scale floor plan drawing of the facility that accurately shows all exits, openings in walls (windows), proposed furniture layout (tables, chairs, bar stools, etc.), dance floor area, stage (if applicable), cooking area, aisle ways, restrooms and storage areas; 5) these maps and drawings must be furnished to the Community Development Director and the Fire Marshal and approved by them prior to any construction or utilization of the building. If you have any questions, please contact me at 455-3021. Sincerely, ' 1 , ev- Hasson Enclosure cc: Case File a8 CITY HALL 621 CLEVELAND BLVD. P.O. BOX 1177 CALDWELL, ID 83605 (208) 455-3021 (FAX) (208) 455-3050 MEMO TO: File FROM: Debbie Geyer DATE: June 28, 2002 RE: SUP-124-01 Club Chaos — 317 Happy Day Blvd. Contacted the Police Department concerning parking violations possibly reported at the Club Chaos from July 2001 to present. The police department has had not violations reported from the above address dealing with parking issues. S .9