The URL can be used to link to this page

Home My WebLink About02 Staff STAFF - Planning & Zoning ITEM DATE SUBMITTED BY SP-1 Hearing Notification Checklist a- 3--z, I (e c� SP-2 Annexation Ordinance Ofr- SP-3 Mailing List & Annexation Memo • SP-4 Memo to Public Agencies Lot SP-5 SP-5 Mailing List 8gitiMeltelian Verified 2 -Loi L SP-6 Notice to Publish (9 - 1 (6— ( L C6- SP-7 Mailing Notice ,("\ l SP-8 Affidavit of Publication SP-9 Posting of Site a- ( / SP-10 Staff Report SP-11 SP-12 STAFF - City Council SC-1 Hearing Notification Checklist SC-2 Notice to Publish SC-3 Mailing Notice SC-4 Memo to Public Agencies SC-5 Affidavit of Publication SC-6 Posting of Site SC-7 Staff Report SC-8 BEFORE THE CALDWELL HEARING EXAMINER CITY OF CALDWELL, IDAHO PUBLIC HEARING HELD MARCH 8, 2016 Subject: Staff Report - Case No. SUP-16-01 (State Liquor Store SUP) THE FOLLOWING LAND USE ACTION IS THE PRIMARY FEATURE OF THIS APPLICATION: • SPECIAL USE PERMIT REQUEST TO OPERATE A LIQOUR STORE WITHIN A C-3 (SERVICE 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-16-01 to be held before the Caldwell Hearing Examiner on March 8, 2016. Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were met. On February 21, 2016 notice was published in the Idaho Press Tribune, on February 19, 2016 notice was mailed to all political subdivisions providing services to the site and to property owners within 300 feet of the site; and, on February 25, 2016 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 Boulevard, Caldwell and at applicable public hearings. II GENERAL FACTS 2.1 APPLICANT: Ross Holloway, RADIX Construction, 16 12th Avenue S. Suite 102, Nampa, Idaho, 83651. 2.2 REPRESENTATIVE: Chad Hamilton, Northwest Commercial Advisors, 3032 Copper Point Drive #205, Meridian, Idaho, 83642. 2.3 REQUEST: The applicant is requesting special use permit approval to operate a liquor store within a C-3 (Service Commercial)zone. 2.4 BACKGROUND: The subject property was recently developed with a new building constructed within the past year. All site improvements were completed as part of that construction project. 2.5 COMPREHENSIVE PLAN DESIGNATION: The Caldwell Comprehensive Plan Map designation for the site is Commercial. Commercial: Suitable for a wide range of retail and service uses including more intense commercial uses such as those that require large amounts of land for sales, storage or Case No.SUP-16-01 State Liquor Store SUP Page 1 of 4 Hearing Examiner Staff Report parking, light production or repair of consumer goods, and which may be less compatible with residential uses due to traffic, noise and other impacts. 2.6 Land Use: The subject property is zoned C-3 (Service Commercial) and is surrounded by the following uses: Direction Zone Comprehensive Map Use Site C-3 Commercial Retail North C-3 Commercial Retail/Restaurant South C-3 Commercial Retail/Coffee Shop East C-3 Commercial Retail/Future Dentist Office West C-3 Commercial Retail/Restaurant 2.7 Public Services, Utilities and Facilities: The engineering department, fire marshal, building department, police department, and Caldwell School District were all sent a request for comment on February 4, 2016. As of February 25, 2016 no comments have been received. 2.8 Transportation/Connectivity: The subject property has frontage on Cleveland Boulevard and Ustick Road, both principal arterial roadways. The access points were recently constructed as part of the development of this site. 2.9 Landscaping: As per Section 10-07-02(2) of City Code, landscaping should be required for this project. All landscaping was recently installed as part of the development of this site and meets current city code requirements. No additional landscaping is recommending for this application. 2.10 Siqnaqe: As per Section 10-02-06 of City Code, the applicant should be required to comply with the City's Sign Ordinance. This includes, but is not limited to, the restriction of placing temporary signage within any right-of-way and/or vision triangle areas. III TESTIMONY BEFORE THE HEARING EXAMINER, MARCH 8, 2016 3.1 Reserved for Caldwell 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 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. Case No.SUP-16-01 State Liquor Store SUP Page 2 of 4 Hearing Examiner Staff Report Policy 1-1: Establish a sound basis for land use and environmental regulations through comprehensive planning and adopted policies and ordinances. Policy 1-4: Assure that development pays its fair share by establishing a rational, equitable basis for calculating the type of any exaction, or the amount of any impact fee. 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 Goal 4: Create communities that generate cost effective public services and infrastructure. Policy 4-3: Require developers to meet design principles, development standards, and street and utility improvement requirements as set forth in the City's subdivision ordinance and infrastructure policy. 5.2 Staff finds that 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. 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. _ 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 _ e '•- ines of applicable Idaho Code and City ordinances. VI ORDER OF DECISION 8.1 Ba -: . the Findings of Fact and Conclusion , - - _ : _ --- ••. - ••'•- hereby orders tha . - Number SUP-16-0 - -. - et John Koehler/Freedom Title Loans for a s.ecial-use permit t. operate a Pay Day Loan/Title Loan ----- FLai ii-i rrmi, . - -ervice o • -,-, '.I) zone 'locate. - . - -•- an. :ou e • ' aldwell, Idaho, is approve. ••enied with the following conditions of approval (if approved): 8.2 Comply with all applicable city codes, ordinances, policies, and standards. 8.3 Maintain all landscaped areas in a weed-free condition. 8.4 All temporary signage shall be located outside of any right-of-way and vision triangle areas. Case No.SUP-16-01 State Liquor Store SUP Page 3 of 4 Hearing Examiner Staff Report 8.5 All signage on the site shall comply with City Code 10-02-06 (Sign Schedule). 8.6 The special-use permit to operate a liquor store shall be solely for the intended user, State of Idaho Liquor Dispensary and may not be transferred from one applicant/owner to another applicant/owner on the same parcel of land. 8.7 All local, state, and federal rules and regulations shall be adhered to in the operation of the facility. Case No.SUP-16-01 State Liquor Store SUP Page 4 of 4 Hearing Examiner Staff Report . , . 1.?"."s.,,,,, ,..,:.,,;-,,,-4: -Itt-- I / r— .A,,:%.%! zi k: , ,, 0 ., .. . ,, , . ' ' CN , , ,.; ,,,'' I t ''' I —.„. , 4 .,.... 1 I.C) ,., ,,,,., _ -. P ''' 7 ,,,lq,A4;64.1i:qt,',',V ^'.'..., -,-.- ,., -•- .. / '''',;:''',.„::::':,1J'a!" , . ',fp' t li , f".' ',i"igfl-U- '-.1.'11 5;--• i .., 1 ,.I li..4 _.... , ;I'' '''''':::!g--'-',ANA)'4';t''.4.':-',_ ,-,'e,,,-;-,,,,• , ....,,o,d,,..,-org„.•i.,,,,',..„.--,-;.,,,,-•• --- '.- - • - - l ...-,- fF,-.7-1s,e,,,,,;,:-:., ,-, ',4,:NP0A•'--4-4,11%'{-q'-,t4",'Ve",.,,,,,,, :-,,,,Tit.,._,.4,`,•[4:,„,..'„••,,k,"•,•A'.•,',1;;•;-"I'l-`;'" ,'3,-' "--,!""",-"---1 ,-,0-,--,,,,,,--„1.,,,,,-.-6,-,-;,••, ',. ,. ' ip...,pk 1-113Er# 1-0—,t§ n04, ,ii,,,,t,..-;,-:;:., ,,-- .-.J,,,-'0.---t,..i'-,,,0,.r:::0''f -.,i,''',:I.:'''',-!f9r;''', , ., _, :•,. 40.Y"q4",- :::‘,.i'",„-;:.,,„,:;.,-4,-z."' ,- . •,, . , ' i*iia . - ----.'- I ,--‘ -'' ':.,':,,,.-', I ' . , ,...4,...„........, ......,„..,i . ,,,,,,,,,.. , , ,.., ,, ...... . ,. ..... ., .,..,4 ...,,i„,..itvii L et , '1":".-.4"- , : -t ..;1' ii"3' ,,,. • 1 i ,-= ",''''.;',.1'''-''---- • '.. . ."-, ' ' -' ',-,. ' ',:.' ' —- - i 1 I i VOtP:g' . , I i I Z ;: 1 . , - . X i , - . . , . „... , .... 1 „ `'t __-l¢engBmt'e*t, __z Ora=-n, __.-,_,_,r_t`#4 _ -r,.t dvei OCfeePnii e,1 ___ _ - ---' 03/2016 1 CALDWELL, CITY OF IDAHO PRESS TRIBUNE EMMETT MESSENGER INDEX eribl iioiaal is ..„ „NK, =tnapp'a0Amouni. -4 f ._1 o Pay err , ., _$„ q,0 , ,.,,. C/O ISJ PAYMENT PROCESSING CEN 74 .56 PO BOX 1570 POCATELLO ID 83204 ... ati�°AinauntTfye, y_ ., fikaYs .. �`$ft"PaY ?,_st� i ;Ehrarta_? _: (208)467-9251 . 00 . 00 . 00 . 00 Fax(208)475-2338 Advertising Memo Bill 1 03/21/16 30311 LEGAL. 30311 w., ..:g9t1lt,v4r:geeal3w.fihlg pnd.AdgfwfRtTfgfpm F M .,f ��€. �:a � � ,_.,�,_„ �1 F� � ��s� � € P F R t' 1 CALDWELL, CITY OF �d. Amount Paid: ATTN: ACCOUNT PAYABLE PO BOX 1179 Comments: CALDWELL ID 83606 Ad #: 1419293 Please Return Upper Portion With Payment I fix' Peiere T� L�tfsaE��n l �s � � ` `," ,"r`.;a � ,,. 02/21/16 1419293 HEARING 03-08-16 1 . 0X94 . 0C 1 LG LEGAL NOTICE NOTICE IS 94 . 00 69. 56 74 . 56 74 . 56 02/21 IPT PAY,MEN' A RI?A1lON sor Vie: DivisionAnn Amount to Pay: Date`, vea: Project DescriSon: Statement of Account -Aging of Past Due Amounts fduisrtf lle'f Aiirsiant ,= 39 laps - _s 8d l ii -,, tT+ iia 4 , , @ Aa our[G>=` �€o ixti ., 0 . 00 0 . 00 0 . 00 0 . 00 74 . 56 IDAHO PRESS TRIBUNE (208)467-9251 *UNAPPLIED AMOUNTS ARE INCLUDED IN TOTAL AMOUNT DUE 241,',h+Y0iwb . T, „ ,_ _- BglingP iod _ _ = h »_.« _ t-_ Bt11 A�OURtJIitEtttte:__s.? It Y@I#ilEr(LY{IfIiKCit1Ai11e Wit.=7C;dvdr)tuNa � Frs �•. 1419293 03/2016 30311 30311 1 CALDWELL, CITY OF