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HomeMy WebLinkAboutSUP-02C-91 PLANNING AND ZONING DEPARTMF"T Gp1.OW\„� ... �. t, ..- .m -a (i i± .af Ci;. t.� .e1.1 621 CLEVELAND BLVD. k,'!. ' hti,,. CALDWELL, IDAHO 83605 ".;,,, r:r), 4' - TELEPHONE 455.3006 A Ti '0” FAX 455-3003 APPLICATION FOR SPECIAL USE PERMIT (Not a Building Permit) NAME: Betty Adams PHONE No . (home ) 459-- -- (business ) 454-0330 ADDRESS : 2912 E. Cleveland Blvd . , Caldwell , ID 2 2(.�� GENERAL LOCATION : 2912 E. Cleveland ti35 v O /06 G EN land Blvd, Caldwell , TD R3605 DESCRIPTION OF PROPOSED SPECIAL USE (Attach if necessary ) : Living guarters for ser,nri ty pPrsonnpl_ ZONING CLASSIFICATION: COMPREHENSIVE PLAN DESIGNATION: FEE : A $100. 00 fee must be paid after application acceptance by the Planning and Zoning Commission and before processing by the Administrator. PLAN : A plan of the proposed site for the special use shall be at- tached showing the location of all buildings , parking and loading area, traffic access and traffic circulation , open spaces , landscaping, refuse and service areas , utilities , signs and yards . A legal description of the land involved in the special use mu:.t accompany the plan. .NARRATIVE: A narrative statement describing the use and an evalua- tion of the effects of the use on such elements as noise , ,,,,,.'o ,t glare , odor, fumes and vibration on adjoining property ; a l.N°: ?' discussion of the general compatibility with adjacent and other properties in the district ; and the relationship of the proposed use to the Comprehensive Plan. COMMISSION EVALUATION : The Commission shall review the particular facts and circumstances of each proposed special use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location: 1 . Will , in fact , constitute a special use as established on the Official Schedule of District Regulations for the zoning district involved; 2 . Will be harmonious with and in accordance with the general objectives or with any specific objective of . the Comprehensive Plan and/or the Zoning Ordinance . J . 111114 Ut.: UC J161 U , l-vtl.: 1.1 lil. L, U , ,, ,L A cA„ . 0 uiAu 4it ..i/lvua.11Lll to be harrr -nious and appropriate in ' pearance with the existing c intended character of tt .... general vicinity and that sTch use will not change the essential charac- ter of the same area; 4 . Will not be hazardous or disturbing to existing or future neighboring uses ; t 5 . Will- be served adequately bytessential public facilities and services such as highways , streets , police and fire - protection, drainage structure , refuse disposal, water and sewer and schools ; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services ; 6 . Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community ; 7 . Will not involve uses , activities , processes , materials , equipment and conditions of operation that will be detri- mental to any persons , property or the general welfare by reason of excessive production of traffic , noise , smoke , fumes , glare or odors ; 8 . Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares ; and 9 . Will not result in the destruction, loss or damage of a natural , scenic or historic feature of major impor- tance . a a re of Applicant This application together with the Plan and the Narrative shall be submitted to the Administrator on or before 5 : 00 p .m. on the Friday preceding the regularly scheduled Planning and Zoning Commission meeting on the third Thursday of each month . Any application not in the Administrator ' s office by the above time will be scheduled and considered at the following month ' s meeting. The Administrator reserves the right to not officially accept, this application until total review is accomplished and all required information is submitted. The date of the public hearing will be established by the Planning and Zoning Commission upon their accep- tance of a complete application . -OFFICE USE ONLY- DATE RECEIVED : 7/02627"0 ACCEPTED BY : C RECEIPT NO : 4- 6S FILE NO: (79 .; ( --*) C-- -f-;c4- PLANNING-ZONING COMMISSION HEARING DATE : 7 - (,2 ---4 / ACTION TAKEN : ' 'r' 'iii w : rc �. "We Deliver Happiness" 2912 E. Cleveland Blvd. • Caldwell, Idaho 83605 Betty Adams Phone: (208) 454-0330 Don Wixom Don & Salli Christensen NARRATIVE Despite the fact that we have a very sophisticated alarm system, with both motion and glass breakage sensors , within the past six months we have had three burglary attempts . The last one resulted in $3000 . damage to our store . Our insurance is being jeopardized . In order to reduce the risk of vandalizm and break ins, we wish to put in a "Security" apartment upstairs . • k j! '''.Ti ••`,1 ' a,. '•e;: .! •f 't l r> 1'•`A. . th �} • I1JlI ! 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' Cc FUND DEP'7 BASIC i � SUB ® 08 CASH ❑ MONEY CHECK W ORDER r---, I RECEIPT v/ �/„3 ZQ AMOUNT MEM 61111111.1111111111 1111111111111111111111111im 1.11111111111111.11.0.1 il-i'r' ,- ii- Lull"REC'D BY: TOTAL 00 '/ 6 ` 65 ®o WHITE— CUSTOMER YELLOW— DATA ENTRY PINK— ABF 322-6729 19498 DEPOSIT PLANNING AND ZONING DEPARTMF"T GpLOW \o� CCi± .if C athtve11 621 CLEVELAND BLVD. '<a"V.q. I,- CALDWELL, IDAHO 83605 Is. •lio - TELEPHONE 455.3006 h .T4,,tE`{ FAX 455.3003 APPLICATION FOR SPECIAL USE PERMIT (Not a Building Permit) 445V-99,„? 7 NAME: Betty Adams • PHONE No . (home ) 4 -9537 (business ) 454-0330 ADDRESS : 2912 E. Cleveland Blvd. , Caldwell , ID GENERAL LOCATION: 2912 E. Cleveland Blvd, Caldwell , Tn R3605 DESCRIPTION OF PROPOSED SPECIAL USE (Attach if necessary) : Living quarters far erurity _pprer lnel_ ZONING CLASSIFICATION: COMPREHENSIVE PLAN DESIGNATION: FEE : A $100. 00 fee must be paid after application acceptance by the Planning and Zoning Commission and before processing by the Administrator. PLAN : A plan of the proposed site for the special use shall be at- tached showing the location of all buildings , parking and loading area, traffic access and traffic circulation, open spaces , landscaping, refuse and service areas , utilities , signs and yards . A legal description of the land involved in the special use mutt accompany the plan. (NARRATIVE: A narrative statement describing the use and an evalua- h6.a t. tion of the effects of the use on such elements as noise , S � glare , odor, fumes and vibration on adjoining property ; a discussion of the general compatibility with adjacent and other properties in the district ; and the relationship of the proposed use to the Comprehensive Plan. COMMISSION EVALUATION: The Commission shall review the particular facts and circumstances of each proposed special use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location: 1. Will , in fact , constitute a special use as established on the Official Schedule of District Regulations for the zoning district involved; 2 . Will be harmonious with and in accordance with the general objectives or with any specific objective of . the Comprehensive Plan and/or the Zoning Ordinance . 3 . Will be designed , constructed, operated and maintained to be hart pious and appropriate in ipearance with the existing o.. intended character of th.r general vicinity and that such use will not change the essential charac- ter of the same area; 4 . Will not be hazardous or disturbing to existing or • future neighboring uses; 5. Will- be served adequately bytessential public facilities and services such as highways , streets , police and fire protection, drainage structure , refuse disposal, water and sewer and schools ; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services ; 6 . Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community ; 7 . Will not involve uses , activities , processes , materials , equipment and conditions of operation that will be detri- mental to any persons , property or the general welfare by reason of excessive production of traffic , noise , smoke , fumes , glare or odors ; - 8 . Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares ; and 9 . Will not result in the destruction, loss or damage of a natural , scenic or historic feature of major impor- tance . g •a re of Applicant This application together with the Plan and the Narrative shall be submitted to the Administrator on or before 5 : 00 p .m. on the Friday preceding the regularly scheduled Planning and Zoning Commission meeting on the third Thursday of each month . Any application not in the Administrator ' s office by the above time will be scheduled and considered at the following month' s meeting. The Administrator reserves the right to not officially accept. this application until total review is accompI3shed and all required information is submitted. The date of the public hearing will be established by the Planning and Zoning Commission upon their accep- tance of a complete application. -OFFICE USE ONLY- DATE RECEIVED: 7,4267/ 9 ( ACCEPTED BY : C RECEIPT NO: L--65 63 FILE NO: 093 ( 3J - PLANNING-ZONING COMMISSION HEARING DATE: 7 -2.2 -4 / ACTION TAKEN : X11 •' '!1 u . I' ic'��� .� ' i .� .. ic A ww say sAIN0 A w AD se A w solo %NO "We Deliver Happiness" 2912 E. Cleveland Blvd. • Caldwell, Idaho 83605 Betty Adams Phone: (208) 454-0330 Don Wixom Don & Salli Christensen NARRATIVE Despite the fact that we have a very sophisticated alarm system, with both motion and glass breakage sensors, within the past six months we have had three burglary attempts . The last one resulted in $3000 . damage to our store. Our insurance is being jeopardized . In order to reduce the risk of vandalizm and break ins, we wish to put in a "Security" apartment upstairs . m l 1.----- .. m c„ .3 D m T` O A r .. . z t) d g Z" r O M X v X r O , m = m \l, 53 K r— m ww��r 33 n D _ I I ,1. z x s MI ? m f\ i > r m 33 n D z 1\\\ 3 C cn n \, / NOTICE OF PUBLIC HEARING LEGAL NOTICE IS HEREBY GIVEN, THAT THE CALDWELL PLANNING AND ZONING COMMISSION WILL HOLD A PUBLIC HEARING IN THE CITY HALL, COUNCIL CHAMBERS, 621 CLEVELAND BOULEVARD, CALDWELL, IDAHO, ON THURSDAY, SEPTEMBER 5, 1991 AT 7:00 P .M. THE PURPOSE OF THE HEARING IS TO CONSIDER A SPECIAL USE PERMIT APPLICATION TO ALLOW THE CONSTRUCTION OF A RESIDENTIAL DWELLING UNIT WITHIN THE SECOND FLOOR OF THE EXISTING AMERICAN MUSIC BUILDING . THE INTENT OF THE REQUEST IS TO PROVIDE A RESIDENTIAL APARTMENT FOR SECURITY PURPOSE . THE SUBJECT PROPERTY IS ZONED C-3 (SERVICE COMMERCIAL) AND IS LOCATED AT THE NORTHWEST CORNER OF CLEVELAND BOULEVARD AND LINDEN STREET . FURTHER INFORMATION IS AVAILABLE FROM THE PLANNING AND ZONING DEPARTMENT, CALDWELL CITY HALL, 455-3006 . INTERESTED PERSONS ARE INVITED TO ATTEND THE PUBLIC HEARING AND OFFER TESTIMONY REGARDING THE CONSIDERATION OF SAID SPECIAL USE PERMIT . PREPARED BY, DENNIS CROOKS, DIRECTOR PLANNING AND ZONING CITY OF CALDWELL PUBLISH : AUGUST 19TH MAIL: August 25, 1991 1 _cpup�CC' >NNING AND ZONING DEPARTMENT itetts4 O DENNIS E.CROOKS , 621 CLEVELAND BLVD. Planning&Zoning Director • ;;p CALDWELL, IDAHO 83605 �< TELEPHONE 455-3006 MOr.To O`‘` FAX 455-3003 August 16 , 1991 Ms . Betty Adams 2912 E. Cleveland Blvd. Caldwell , ID 83605 Dear Ms . Adams : This letter is to advise you that a special meeting of the Planning and Zoning Commission will be held on Thursday, September 5 , 1991 , and your application for a Special Use Permit for the security apartment will be heard at that time . Respectfully, /4S \-L...s.int Liz Yeary, Planning Aide Planning and Zoning DC : eay . ? c- a .",' /e/4 � A ... ..,... . . , or ... _itti 0 kNik‘---- 1k k,. / - '- .' - •- . '-' • , _. / . ,., , . \ 'ti •17.144,01 ifigit • . Npli CAM ... . �`e%► — 1i II i ,..., n �. yam. i . . \ ,e ,i4,4,.. 4* --__ L • ' r c T ® .rr o00\, •. 1 2 Vim` ��?.. _ ti //" p \ •.®•( . t C \ 02� it4,x i( • • I. -����\ r ;/j, / ion 1,. ' \'k� rya '- . - - r,, ✓+ r 1 ii •S . Ism, 1(" • • - r '. RE6T \�d., .4;4.0, ':..1* :-.7 6 5 '- , NI IIIP {IIIII! <,IIII Iiiik.„..:,.,0. �� Milli III. MI � :> 44 • 1: 7NI111111ftwtrir nr,tl 7, • F '� �j • 1 I{I{�1`i�If, i!4 �1 <;III 1 II Jul — 1lIl� ► ‘•-• ,. _� 1 �.� I �r Iilll�:ad 111�!UI �i 1 r�' ICI u' �� .6 �..• P H. m�l� 5mill Kg if 11P CO• ,� ; �� '� It soli Ig=dt�.1a N riur'gi ;II. ti, \. . . � • c ""X111011 I 0anml 11111 1111,?,I 11111f: . .� i 0 II ,2 Jt� I�1'i� mist) Ni � i7Qi ';i dca y -II 111 =-1 1112111 if " im A , i witi-due 1 a Co f s RLq .11 '41101k . '- LOCUST •■ • \, ► iP :roi S.a rRt �,< •, \r ,�_ •e` ' »• n. N. fl lLi I 6211E9 !1_1/: DR: _____• . •Altiih, . %, \ . ..-.7\ \ ,, ) 1, tio,..„. .:.: r„,,..,,,,, saw 1111111 - , - Baal' 1 ,� .J t^f, ti -4-_, -EST ( _7 YIB�VIQ • 'SSIIT�DT YDAT �'{c'pE'a� � `° '�,• - , 0 M a z , 0 V. M n1 ,r E :V ., �> eatiCrr e• ,4,4% Q7v t 7 U. I di ACV. ',�r "1' .' , ,_-- n•»»_ :Lt9tr1n. / /_tea- 4 •� soy., STAFF REPORT Meeting of September 5, 1991 TO: Planning and Zoning Commission FROM: Planning and Zoning Department REQUEST: Special Use Permit application to allow the construction of a residential dwelling unit within an existing retail shopping center. APPLICANT: Betty Adams (American Music) GENERAL LOCATION: Northwest corner of Cleveland Boulevard and Linden Street . LEGAL DESCRIPTION: Portion of the SW 1/4 of Section 26, T4N, R3W PROPERTY CHARACTERISTICS: 1 . Property is zoned C-3 (Service Commercial ) . 2 . The Land Use Component of the City Comprehensive Plan designates the site as Frame and Service Commercial . 3 . The property is a corner lot, approximately 1 . 3 acres in size and developed with a retail/commercial center. 4. Surrounding zoning to the north, south and west is C-3 . Zoning to the east across Cleveland Boulevard is C-2 . 5 . Surrounding land uses to the north and south are commercial . A combination of commercial and vacant property exists to the east across Cleveland Boulevard. A mobile home borders the site to the west . LEGAL REQUIREMENTS: 1 . Notice of public hearing to adjacent property owners within 300 feet of the subject property. 2 . Notice in official newspaper. 3. Posting of property in accordance with State Law. 4. Public hearing set for September 5 , 1991 . 1 EVALUATION: Reference to the City 's Land Use Schedule indicates that within the C-3 zoning district residential uses are classified as special uses . Uses which require a special use permit possess characteristics such as to require review by the Commission. The Commission, in considering a request for a special use, may require higher standards of site development than normally required under the Zoning Ordinance . The applicant is proposing to install a security residential apartment within the second floor of the existing American Music building. No exterior alterations to the structure are proposed and the building will maintain its commercial appearance . 1 . COMPREHENSIVE PLAN Frame and service commercial is defined as an area for a wide range of retail , service and professional uses . Residential uses, particularly a security apartment that is ancillary to a commercial establishment does not appear to be in conflict with the Plan. 2 . OFF—STREET PARKING Ample off—street parking is provided on the subject property. 3 . LAND USE COMPATIBILITY Since the proposed security apartment is essentially a component of the established commercial complex and internalized with the second floor of the building, the proposed use appears compatible with the established development pattern of the area . RECOMMENDATION: Approve the Special Use Permit 2 SUGGESTED TERMS AND CONDITIONS FOR THE CONSIDERATION OF THE PLANNING AND ZONING COMMISSION: 1 . Not transferable from one property to another. 2. The Special Use Permit is granted for the construction of a security apartment within the second floor of the American Music building. 3. A minimum of two off—street parking spaces shall be designated to serve the residential apartment unit . Prepared by, Dennis Crooks, Director Planning and Zoning City of Caldwell DC/slm stf .musi 3 . . -?T1 % J1 . . •1:Imo•^!i*.-- I� ' e' I , t.,., ' .. I- 'l`:cam ,7•••& l Imam '1 :. a:7"...... •''''•1. r ,.. r:. 1 — ltf—''----ialle.,,,u_ - el.,1-'c' I ' PI u° rGgx" iG i "' ! 1! r ) I� 4. r °14 , , Filili ■ I.r\.t•„,,,r.,1•S 1.is.., ,.. li 1 '„:-.K: . . , < I 3 R � u �j El /I / ' i� I / f./ / _ / / Pll / 1 ..s. ,... z/ • -?:•'-,:;::•''"..11:7;''. ► / i r k;;',':;.:-.'.-..:. // 1 • r •, i�y7.LT f r o • 'lam` �',d�f(y� ,?. •,,"�1 e . S,a fi. ; ,1 r,. % (J', �� 1 1 l,`.�'. 't•� ti* {. ,r yt i! v t - 1 1 - ,1 t , ' 1, fr�. : ' 7 ,• tr'�+---,- .. .� {i ll '9.-.".•..:1":;.;.‘` . ,• . :;«;1. �.... .. ,.:. .i`�:.'';:— OLSON & .ASS0C v r 'TA i. III`. .: 4;••,-;-' ,.t' :.i�'_:..?','zn. ?'j� i IATES ,,// l ,�• ,.•� ..••Jfi r..Kie;.,i.i•r.._'.t.`,` ) =1 . ► C,, it -1 i. : F C t %.,V. T 0 or Y,h14.'^4 ' — .. .. 466.2212.: . I:: Neva IDAHO 83651 rn — `....., r 'IMP, X 74 ■ Z 0 CAO, a z ........ VA I-1 ---1 . x. 1=1 I 1.._____ A 1 -c Z. I FL_ 1----7-71 1 (-_• c rt1 I C, L._ ,.--, ,-- › > OD ZC.)M cn -t, > -....4 0 m .-.. .,1 13 11 M • ■4 < r- o M 3) > • r- --I a,7, .A. 33 > MN -- m. " . 0 , m • , 0., , , , . , , z c . .c 0 > > CIO . 0 2) Cr I C> CI3 33 M Co -0 R1 > (.N A , 0 m / L . / .411P / ‘ > / (1"4 \ \ m 33 5 . / i N > z / al c a 5 / 1N1116 \ .. \ / ./•3. Public Hearing :: S/261/ 0_S 6" . �y r 2/ L„r 4 /t' ,CCg/G &LAO& SIG`{-U? S?EET FOR PU LLC HEA. NGS No person shall be permitted to speak before the Planning and Zoning Commission at a puolic hearing until recognized by the Chairman. All persons speaking shall speak before a microphone in such a manner as will assure that the recorded testimony or remarks will be accurate and trustworthy . At the commencement of the hearing, the Commission snail establish a time limit to be observed by all speakers . When the public hearing is quasi-judicial in nature or one after which the Commission is required by law to make findings of fact , each speaker must swear or affirm that his testimony will be true and correct . Any person refusing to comply with rules will be prohibited from speaking during the public hearing . - NAME ADDRESS • • • a complaint was received from a neighbor concerning the proposed use . Concerning the description of the facility in Notices of Hearing, Dennis further stated that the Land Use Schedule does not list every possible use , but that he uses his professional judgment to decide within which category a particular establishment may fall . The City Zoning Ordinance uses the terminology "convalescent , nursing and rest home" for the elderly. Mr. Belnap quoted from the Idaho Code concerning mentally and physically handicapped persons in a supervise facility. Bob Carpenter stated that this was not new informs ion. Tom Ensley then moved that the Planning and Zoning Commission determine that they can consider the special use permit application and on that basis that the special use permit be denied. Bob Carpenter seconded t e Motion. ' After some discussion, Dennis stated that the C ty Attorney ' s finding was that the State Code differentiates between a mentally and/or physically handicapped person and an elderly person and that the two classifications are not neces arily the same . Bob Carpenter added that the City Attorney bas d his opinion on his knowledge of law and that we have to abide by his opinion . This application is for a commercial enterprise and as such is receiving the same scrutiny a other commercial enterprise would receive in this residential ighborhood . A vote was taken and the Motion to deny the Special Use Permit was approved 3 to 1 . Those in favor were Bob Carpenter, Tom Ensley, and Rita Earl . George Banta voted against the motion; Mary Higdem abstained cause of absence from the previous public hearings . The clie t was advised of her right to appeal the decision to the City/ Council . Notice of such appeal is required within five (5) days of the Planning and oning Commission Meeting. 9 /c-31 The next public hearing was an application for a Special Use Permit to allow a security apartment within the American Music Building on property located at 2912 E. Cleveland. Betty Adams , applicant . Dennis explained the background of the application and the reason for the hearing, that this was a residential use in a C-3 (Commercial ) zone . The first person to offer testimony was Sally Christiansen, representing the applicant . She stated that the request was in response to crime in the neighborhood and three break-ins in the Music Building within the last six months . There will be only one or two persons living in the apartment at one time , either the owners or someone closely related . 3 Rita Earl felt that the use would be appropriate . Tom Easley questioned the parking situation, which was determined to be plentiful . Chairman Randolph confirmed that the applicant has agreed to comply with the terms and conditions of the permit . A motion was made by Mary Higdem and seconded by Rita Earl to approve the Special Use Permit and the motion passed unanimously. The next item of business was a preliminary plat application for Hickman Subdivision No . l . Dennis explained the application and confirmed that the subdivision required dedication for both Lake Avenue and Ustick Road to allow for street widening at some point in the future . He further stated that Mr. Hickman has worked closely with Planning and Engineering Staff in designing the subdivision. Concern was expressed as to whether lots fronting on Lake Avenue should access to Lake Avenue or should be so designed as to access on a street within the subdivision i self . Commissioners generally felt that with the reduction in ,lots and with circular or dual access driveways for the Lake/venue lots, that the design of the subdivision was acceptable,/. In response to a question from Bob Carpenter regarding sewer hookup, Dennis explained that sewer hookup is not available to the lots under consideration at his time, but should there be further expansion of the subdivision at a later date, there would have to be a connection to City sewer services . If there is a change in ownership of the adjoining parcels , they too would be heard by the Planning and Zoning Commission and the sewer question would continue to be addressed. Don Watts, from A & B Engineers in Boise , confirmed that the lots are 40% larger than required by Southwest District Health for septic tank installation and that sewer availability, street access and traffic patterns were studied at the beginning of the project . Mr. Hickman stated that he is working closely with the City and is trying to benefit the City in addition to establishing a development , and they are considering open spaces , green belt and small park areas within the subdivision. After discussion by several commission members concerning street access , particularly to Lake Avenue, Bob Carpenter made a motion to approve the preliminary plat subject to staff placing restrictions on further development regardless of ownership until sewer service is provided; secondly, that circular or dual access driveways be constructed with the driveway behind the public right-of-way, in order to provide safe access to Lake Avenue for the seven lots in question; and thirdly, that the Vallivue School 4 . —PLANNING AND ZONING DEPARTMENT c.P_•-l'Invktz 0011101 47 (Situ of &Orwell , .4 ..,. c.) . tv,,, -4.- DENNIS E.CROOKS tll g;',1 ,, ko• .4,-„1- 621 CLEVELAND BLVD. CALDWELL, IDAHO 83605 TELEPHONE 455-3006 Planning&Zoning Director "ore To(")‘‘ FAX 455-3003 PLANNING AND ZONING COMMISSION ACTION REPORT Meeting of September 5, 1991 WHEREAS . the Planning and Zoning Commission on September 5 , 1991 , considered an application for a special use permit to allow the construction of a security apartment with the existing American Music Building located at 2912 E. Cleveland Boulevard (Betty Adams, applicant) . WHEREAS , the Planning and Zoning Commission, after considering public testimony presented by interested persons and reviewing the particular facts and circumstances associated with the request , voted to approve the special use permit to allow the construction of a security apartment, subject to the following terms and conditions : 1 . Not transferable from one property to another. 2 . The Special Use Permit is granted for the construction of a security apartment within the second floor of the American Music building. 3. A minimum of two off–street parking spaces shall be designated to serve the residential apartment unit . FINDINGS OF FACT/CONCLUSIONS OF LAW: 1 . An application for a Special Use Permit was properly filed in accordance with the provisions of Section 6-4-4 of the Municipal Code . 2 . The Special Use Permit was determined to be appropriate for processing since the applicant requested a residential use in the C-3 zone, which is classified as a special use (Section 6-2-1 , Table 1 of the Zoning Ordinance) . 3. The legal requirements were done in accordance with the procedures outlined in Section 6-4-4 (C) of the Municipal Code . Legal notice of the Special Use Permit application and public hearing was published in the local newspaper. Adjacent property owners were notified of the Special Use Permit request and public hearing. Notice was posted on the premises not less than one week prior to the public hearing . 4. A public hearing was conducted by the Planning and Zoning Commission in accordance with procedures contained within Section 6-4-5 (C) of the Municipal Code . 5 . Public testimony was given in favor of the request . There was no opposing public testimony given. 6 . The Planning and Zoning Commission, in granting approval of the Special Use Permit, concluded the following: A. The granting of the Special Use Permit will not be in conflict with the Comprehensive Plan. B. The granting of the Special Use Permit would not cause damage , hazard or detriment to persons or property in the vicinity. C. The proposed use of the property was determined to be in harmony with the established development pattern of the area . The applicant is advised of his right to appeal the decision of the Planning and Zoning Commission. Written notice of such an appeal shall be filed with the City Clerk within five (5) days after the decision of the Commission. DATE OF APPROVAL: September 5 , 1991 Prepared by. (71:2104/1Z6b01143 Dennis Crooks , Director Planning and Zoning City of Caldwell act .mus 2 ~ ��� ��� ���� �� 7L �� • BLOCK LOT PROPERTY ADDRESS OWNER ADDRESS One Linden Plaza 1 2402 E. Linden Southland Corp 10220 SW Greenburg Rd 100 Emp.Say. Portland OR 97223 2 S.Georgia Ave Northwest Land 4622 Hillcrest View Dr. & Cattle Co. Boise, ID 83705 3 2520 E.Linden Idaho Press 221 1st Ave W #405 Tribune Inc. Seattle WA 98119-4224 Mountain View Sub #1 Q BT3 3020 Cleveland Dean Dishman 1901 Colorado Caldwell ID 83605 CT4 2520 Linden Dean Dishman DT5 2502 E.Linden Howard Eismann PO Box 1007 Caldwell ID 83606 R BT1 3005 E.Cleveland Steven D.Willworth 2622 Cherry Caldwell ID 83606 Unplatted area T16A 2900 Cleveland Bob Garrow T15C Blaine Street Gary Vezzoso 2709 Ustick Rd. Linda Vezzoso Caldwell ID 83605 T15B Caldwell Blvd Idaho Farmway Inc. 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