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HomeMy WebLinkAbout01 Applicant 1 i4 P _. _ _ _ _, , -:=7,--...,;11._, , ,. .,, , „u, ,'40.1.-*:-!•', t•-•'-art'-7:- - 1--- -$ ;' ` ( DATE SUBMITTED BY A-1 APPLICATION & RECEIPT ,.:y-z 4pi, A-2 WRITTEN DESCRIPTION 1-tY-44 A-3 SITE PLAN OR PLAT Y� iii4,_ \) � ' A-4 VICINITY MAP A-5 ASSESSOR'S MAP A-6 ASSESSOR'S ROLL A-7 TRAFFIC IMPACT STUDY A-8 NEIGHBORHOOD MEETING FORM A-9 CD - LEGAL DESCRIPTION (POCKET) A-10 DEED A-11 LANDSCAPING PLAN APPLICATION OP' A-12 LANDSCAPING PLAN . A-13 3v-t -7 410.cre..... c• -,e-1 tct-0"7 -7 41.11401,.,i¢_÷..- - ..._ A-14 A-15 A-16 A-17 A-18 A-19 A-20 RECEIVED P CEIV D JUL 1 4 2016 `,,, Planning & Zoning Division .40 THE CITY OF I HEARING REVIEW MASTER APPLICATION Type of Review Requested(check all that apply) ❑ Annexation la Appeal/Amendment STAFF USE ONLY: ❑ Comprehensive Plan Map Change File number(s): Pp " ❑ De-Annexation ❑ Ordinance Amendment n ❑ Rezone Project nam . ,_ ‘. DIAAry t i I. I El Special Use Permit $� 0 Subdivision Preliminary Plat Date filed: '7•)�_ ate complete: ❑ Subdivision-Final Plat Related files: S –'_-f 1 0O ❑ Subdivision-Short Plat fir/ ur 0 Time Extension ❑ Variance ril Other App-1 3()--5-(" 5PidAVIAL4 Subject Property Information Address: 31b >0u-r1--H- 1C E{ STtze c4Y1 Parcel Number(s): D� OO Subdivision: Block: Lot: Acreage: Zoning: C–C. Prior Use of the Property: S Z[a N A-h r" Piil-t Ls Proposed Use of the Property: g `\ 1.2 m" �S Applicant Information: T.3 el-c InALAs4LC? 21 b–1 Applicant Name: Phone:S gess Address: 3 ZZ SWcsi-F{ fLT 1- Ste: City: C✓.__InkAl-L' State: ' -1 Zip: 23 CoC}Sr Email: (k e e C1A- Wn'v i Ai Cell: )-o o &o 17 i (0-7 Owner Name: Phone: Address: City: State: Zip: Email: Cell: Agent Name: (e.g., architect,engineer,developer, representative) Address: City: State: Zip: Email: Cell: Authorization Print applicant name: ?-1=C-- ,e-12.--K I E Applicant Signature: A Date: 7._/3 - `2--e,i U 621 Cleveland Boulevard • Caldwell,Idaho 83605 • Phone: (208)455-3021 • www.cityofcaldwell.com/PlanningZoning Planning & Zoning Division THE CITY QF ./ APPEAL/AMENDMENT Project Name: R� Mpt.%l File#: Applicant/Agent: d os i=IJ Applicant Staff (V) Description (V) vi/4_17-1 Act Completed and signed Hearing Review Application ✓'� Narrative fully describing the request, including the following: ➢ Specific item/requirement being appealed Vkift-rnr ➢ Reasons for the appeal/amendment ➢ Site-specific limitations and/or impediments on the property ➢ Any other pertinent information to the request. Please remember the applicant has the � 11 burden of proof to show why their request should be granted is ' - Warranty deed for the subject property Pier Vicinity map,showing the location of the subject property Ail Pi' WPI 1-y)a Copy of the Order of Decision,and/or other documents pertaining to prior approvals of the site ( ,, -- Fee V� C,t cL S6 SI ZP�1%" / Z 3'7. O� APPEALING A CASE DECISION REQUESTING AN AMENDMENT CASE#: 51AP— 1 07 CASE#: Case decision being appealed was rendered by: Requesting an amendment of: ❑ Planning&Zoning Commission ❑ Development Agreement SHearing Examiner : Item#(s) ❑ Historic Preservation Commission ❑ Design Review Commission ❑Condition(s)of Approval from Order of Decision ❑ P&Z Director ❑ Landscape Design Review Committee :Condition#(s) STAFF USE ONLY: 0. 1(9 ORtfrS 0d Date Application Received: 1_1 '`0 4 1,4.6 Received by: Proposed Hearing Date: Hearing Body: 621 Cleveland Boulevard • Caldwell,Idaho 83605 • Phone: (208)455-3021 • www.cityofcaldwell.com/PlanningZoning ii SUICYCLE 1453 i, .re-5-3rre-sT-s... •—e--- \......--, 44folf.A716-83f64-3-71.9 92-379/12413152 if 11 .32_2_, ,51-0 V1-1-j 044 ST.:; --1-- 8908377255 11 ii CQ cj,4_,L( . .--yj 2,s 6 Of- DATE gr--5 :- 4i t ' .:I PAY TO THE ,g! .:, ORDER OF ......--/ , P a,,.,/,e/f/ I .. Etta.ARS j 4, g' WELLSFARGO Wells Fargo Bank,NA wIdetargo.corn A 1 Ar6o0— 16-03 ,.. FOR iDD44-P1 il OdlAtA./C5‹ _Ill/1---'- NP IS; I 1 II.000000 Ill S 31111 I: 1 24 1.037-491: 8908377 2550 , 31587 CITY OF CALDWELL Cash 0 Check# Amount Tendered Change Payment 1 Date I 1 -, \ RECEIVED FROM ' ''.,. 1 i . 1 For , t: _,.....-- t ,‘ . ' '1 ., 1 Account No. \A - fs,/ By By I City of Caldwell Receipting Form \,.,.,..miming&Zoning,Engineering,and Fire Departme,„,•-•~- Planning&Zoning Engineering Fire Department Totals Sales Qty Qty Qty Comprehensive Plan 10360 $ t $ Ordinances 10360 - $ $ Master Park Plan/Master Trails&Pathway Plan 10360 - $ 1 1 $ Xerox copies 1401 1 $ $ _. -- Special Use Permit _Audio Tape Duplication 10360 $ Less than 2 acres 10200 $ 12530 1 $ 22025 II $ $ 2 to 20 acres 10200 Hr t $ 12530 I 1 $ 22025 II $ $ t More than 20 acres 10200 I $ 12530 $ 22025 $ $ PUD With subdivision 10210 $ 12530 $ 22025 $ $ [Without subdivision 10210 $ 12540 I $ 22025 $ $ Zone Change 1 Less tan 2 acres 10220 $ I 22025 $ $ 2 to 20 acres10220 $ I 22025 $ $ ,More than 20 acres 10220 $ 22025 $ $ Annexation Less than 2 acres 10240 $ 12550 $ 22025 $ $ 2 to 20 acres 10240 $ 12550 $ 22025 $ $ , More than 20 acres 10240 $ 12550 $ 22025 $ $ Comprehensive Plan Map 10300 $ $ Less than 2 acres 10260 $ $ 2 to 20 acres 10260 $ $ 'More than 20 acres 10260 Comprehensive Plan Text Amendment 10270 $ ' $ Subdivision Plats(non PUD)Preliminary 10180 $ 12511 $ 22025 I $ $ Final 10180 $ 12512 $ 22025 $ $ Short plat 10180 $ 12513 $ 22025 L IL $ $ Additional Fees Administrative Time Extension 10280 $ $ Appeals/Amendments to Conditions 10290 $ 237.e 4 $ 2 Business Permit(Change in Use) 11040 $ $ Business Permit(No Change in Use) 11040 $ $ Certified Mailing 10340 $ $ Code Enforcement Admin.Fee 64240 $ $ Design Review Application _ 10330 $ $ Development Agreements 10335 $ $ Hearing Examiner 10350 $ $ -Legal Notice 10310 $ $ Lot Line Adjustments 10280 $ I $ Lot Split 10280 I $ 12520 $ 22025 $ $ ---------- Minor Land Use Application 10216 $ $ Manufactured Home Park 10190 I $ 22020 $ $ Minor Land Use Application Renewal 10216 $ 22020 $ I Ordinance Text Amendments 10230 $ $ Plat Amendments 10280 I - - $ Regular Mailing 10340 I $ $ (Subdivision Time Extension 10180 $ I I ! $ Variance 10250 $ 7 $ TOTAL: $ $ — 1 $ $ — --- -___ - - I Tax 998 I `� _� GRAND TOTAL $ I4Dra pt-3— t(0' D—S I 7 UPDATED:10/3/2015e �iwOf� 1 Date July 14, 2016 To Mayor, City Council, and City Planners, Attached letter to appeal case number SUP-16-07 and appeal for any yet to be or already issued business permit. Under applicant for appeal the check box area that contains applicant,description, and staff grayed area of appeal form is incomplete because documents for physical discovery and review at not yet available for special use permit and city business permit. 1. These include a yet to be produced written transcript of recorded hearing officer which conducted the meeting for final approval,city planner,Mr. Bail represented by Kevin Elliott and self Robert Muse. 2. Copy for the order of decision. 3. Complete signed hearing review application. Until all records and physical evidence are provided and available this appeal will need to be amended. When documents and physical evidence are received there should be an extension with a time limit for review to be determined and agreed to between City and Robert Muse for final document and physical evidence for submission for appeal hearing to be scheduled at ba date yet to be determined. Signed Robert Muse 697-2167 322 South 10th Street Caldwell, Idaho 83605 ORDER OF DECISION BY THE HEARING EXAMINER CITY OF CALDWELL, IDAHO PUBLIC HEARING HELD JULY 12, 2016 Subject: Case No.SUP-16-07(Mr.Bail SUP) THE FOLLOWING LAND USE ACTION IS THE PRIMARY FEATURE OF THIS APPLICATION: • SPECIAL USE PERMIT REQUEST TO OPERATE A BAIL BONDS FACILITY WITHIN THE C-C (CITY CENTER) ZONING DISTRICT. 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- 07 to be held before the Caldwell Hearing Examiner on July 12, 2016. Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act,were met. On June 26,2016, notice was published in the Idaho Press Tribune, and on June 24, 2016 notice was mailed to all political subdivisions providing services to the site and to all property owners within 300 feet of the project site; and, on June 30,2016 notice was posted on the site. 1.2 On July 12,2016,the Caldwell Hearing Examiner approved the special-use permit request. 1.3 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: Kevin Elliot, Mr. Bail Inc.,7005 W. Fairview Avenue, Boise, Idaho,83704. 2.2 REQUEST: The applicant is requesting special use permit approval to operate a bail bonds facility within the C-C(City Center)Zoning District. 2.3 LEGAL DESCRIPTION:A legal description for the site was not necessary for the application. 2.4 COMPREHENSIVE PLAN DESIGNATION:The Caldwell Comprehensive Plan Map designation for the site is City Center. Case No.SUP-16-07 Mr.Bail SUP Page 1 of 10 Hearing Examiner Order of Decision City Center: Suitable for a wide range of residential and commercial land uses, including vertical and horizontal mixed uses, attached single-family and multi-family housing, community and neighborhood retail, professional offices, services, hotel-motel, entertainment, cultural, and civic uses. The primary goal of this classification is to create a mixed use pedestrian area. Highly automobile-dependent uses and surface parking lots are generally discouraged in the core area of this classification. 2.5 COMPREHENSIVE PLAN COMPONENTS APPLICABLE TO THE REQUEST: Land Use: The subject property is zoned C-C(City Center)and is surrounded by the following uses: Direction Zone Comprehensive Map Use Site C-C City Center Retail North C-C City Center Strip Mall/Retail South C-C City Center Restaurant East C-C City Center Offices West C-C City Center Park/Bank Transportation/Connectivity: The subject property utilizes an existing street system and currently has access from Cleveland Boulevard, a principal arterial. The Engineering Department is not recommending any changes to the existing access. Public Services, Utilities and Facilities:The engineering department, fire marshal, building department, Idaho Power, and police department were all sent a request for comment on May 18, 2016. The Mapping Department responded on May 19, 2016(see PA-1). The Police Department responded on May 23, 2016(see PA-2). The Idaho Transportation Department responded on May 24, 2016(see PA-3). The Engineering Department responded on June 28, 2016 (see PA-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. As noted in the Engineering Department comments (see Exhibit PA-4) the property lies within the boundary of the Caldwell Downtown Framework Master Plan. This would require the property street frontages to be improved as according to that plan (i.e. decorative street lights, curb, gutter, sidewalk w/pavers, irrigation, landscaping, and other features). Ill PUBLIC TESTIMONY 3.1 Testimony before the Hearing Examiner,July 12, 2016 Jarom Wagoner, Senior Planner/Development Team Leader, 621 Cleveland Blvd., Caldwell, ID 83605, presented the staff report and stated that the applicant is requesting special use permit approval to operate a bail bonds facility within the C-C(City Center)Zoning District. Mr, Mapp asked staff to explain to the audience if this use is approved, and if they cease to operate this type of use,what kind of timeframe is there and what will happen to the permit for this business. Case No.SUP-16-07 Mr.Bail SUP Page 2 of 10 Hearing Examiner Order of Decision Mr. Wagoner responded that if the special use permit is approved then the applicant has the right to conduct the business, If they cease the operation and move out and the location is vacant for more than 12 months then at that time the special use permit will be null and void and if a new business with the same type of use(bail bonds) they would need to proceed with applying for a new special use permit. If the bail bonds vacates the site and anything different than a bail bonds occupies that site then automatically if that use ceases operation and another bail bonds wants to go into the location, the bail bonds would have to apply for a special use permit. Mr. Mapp wondered how many bail bonds are in the surrounding area. Mr. Wagoner stated there had been a special use approved for a bail bonds not far from this site however the applicant never came forward to being operations and since the time has lapsed and it is null and void. Mr. Mapp reviewed condition 8.3 stating that it deals with improving Cleveland Blvd. and 10th Avenue that abuts the site and would like the applicant to identify that they are willing to comply with the conditions set forth in the staff report. Kevin Elliott, applicant, 7005 West Fairview, Boise, ID signed in favor of the application and stated that he is the general manager for Mr. Bail Inc., and that they are a retail bail organization with offices in Boise, Twin Falls, Burley and Idaho Falls. They are doing an expansion throughout the state of Idaho and Caldwell is an area that they would like to move their operation into. Mr. Elliott further explained they have highly trained and skilled bail agents, they conduct their business way above board. The company was Big Dog Bail Bonds prior to it being purchased in February 2016 and Big Dog Bail Bonds was around for 4 years prior to this and so they are a long standing bail bonds company. Mr. Elliott explained that this is a prime location for their business, based on the location, the closeness to the court house and the jail facilities.They will have limited foot traffic into the office; most of it will be for record keeping and conducting business with co-signers etc., for the bail process. Mr. Elliott further stated that they fully intend to follow the guidelines that the City has set out to improve the business and the area and that they look forward to working in this location. Mr. Mapp asked Mr. Elliott if they had reviewed the staff report and the conditions set forth in the staff report. Mr. Elliott responded that he had. Kristina Cross, 14342 Sherondoah, Caldwell, ID signed in favor of the application but did not wish to speak. Lisa Elliott, 5049 S. Badger Place, Boise, ID signed in favor of the application but did not wish to speak. Robert Muse, 322 10th Street, Caldwell ID signed in opposition of the application and stated that he owns the business on the corner of 322 S 10th Street in this building complex as described. Mr. Muse explained that he currently provides security for Caldwell facilities such as Los Portales, Columbia Event Center, Blue Eye Speak Easy and Blue Ecstasy. Mr. Muse stated that his 15 officers and he are responsible for reducing law enforcement dispatch by about 300% in the four years, reducing law enforcement involvement by 95%with no previous or current pending lawsuits over the last six years. They have made arrests from rape to DUIs on private and public roads;this includes the inspections by the State of Idaho and Oregon for successful licensing and compliance in Idaho and Oregon that include County Fair Grounds, National Guard Armories, City Parks and collaboratively working with Case No.SUP-16-07 Mr. Bail SUP Page 3 of 10 Hearing Examiner Order of Decision Sheriff's and Chiefs of Police to increase public safety. They cooperate with state agencies collecting evidence for future prosecutions and criminal violations. Mr. Muse explained why he gave this information being that in the last few weeks there has been a shooting, a bail recovery agent at the Sunnyslope Market. Mr. Muse further explained that his business at 322 S 10`h Street is a motorcycle retail business, it is an off road street bike business that has kids that come in the store and he can't have a bail bonds office next to him with the possibility of either pedophiles on probation or parole coming into that place of operation violating their probation or parole not knowing that there is this potential for them to find themselves in a really a double jeopardy situation. The other problem is he can't have people in uniform, handcuffs and guns bringing people into the building complex while kids are unloading their motorcycles with their parents (pictures submitted exhibit PR-1) in his place of business. This is not a productive place to put a bail bond and recovery business that will subject his children, his families, children, mothers and fathers that come to his place of business. Mr. Muse further stated that he has spent a lot of time here in Caldwell for the last six years working with the Caldwell Police Department; he has knowledge of the working criminal element. Mr. Muse also stated that he is a 11 year licensed state bail agent but that he does not run a bail bond agency out of 322 S 10th Street just for these reason. Mr. Muse stated that Mr. Elliott has on occasion accused him of such an act,falsely accused him to the point that he was issued a letter by the City of Caldwell saying he was running a bail bond agency with no physical evidence what so ever, nothing and it was inspected and nothing was found to that fact. So we are talking about somebody's ethical and moral character. Mr. Muse continued to state that Mr. Elliot in a court case called State versa Bonds, which he will leave, (exhibit PR-2) which all this has happened in the last few days, he highlighted some the things that they courts found on Mr. Elliot and that the Judge says Mr. Elliot has a bondsman that may resort to impermissible self-help behavior which can result in illegal behavior and if they don't like the law they will do whatever they want.This is part of the court case that he submitted tonight, (exhibit PR-2) and that Mr. Elliot can review it to debate it, whatever he'd like to do but because he cannot meet the five day deadline because of the actions Mr. Elliot has taken within the last five days, Mr.Muse stated that is why he is submitting it here as part of the hearing process. Mr, Muse also stated that concerning the bail, that there has never been a bail bond ever issued out of that building, 322 S. 10th Street on his behalf. There has never been any collection payments, never been any fugitives on his location and that the City Representative has inspected it. There is a sign on his trailer that says Bail Bonds and he uses the trailer to go to events which is totally legal and permissible, he does his bail the old-fashioned way on the kitchen table of a co-signer, the old-fashioned way of going to the jail and that he does not need an office and if he did he wouldn't put it in 322 S. 10th Street. He has had an office in Nampa and he has a website that his boards go to, to inform the general public and how the bail process works and things they need to know.The postmaster has never delivered a bail bond letter to his business at 322 S. 1O`h Street and he can testify to that. These are the things that are going to make for a very terrible relationship between him as the leaser at the end of the building trying to improve the community, both working on the weekends with the current law enforcement and at the same time having kids and families coming to his place of business and can't have people that are long term felons coming to that same location and possibly violating their own probation and parole. Mr. Muse stated that these are the things that he is concerned about and worried about with the whole application. If Mr. Elliot wants to go out and find a separate building on a separate private piece of property with no other adjoining business, that's what he needs to do in order to monitor and supervise his own operation. Mr. Muse stated that is why he is here tonight, is to make sure the City understands the risk and liability that the general public, his customers, he, his kids and their kids are at. (Exhibit PR-3)a letter of concerns was submitted. Mr. Mapp asked Mr. Muse how long he had been at the location 322 S. 10th Street. Mr. Muse responded that he moved in that location March of 2016. Case No.SUP-16-07 Mr. Bail SUP Page 4 of 10 Hearing Examiner Order of Decision Mr. Mapp asked Mr. Muse to explain his business. Mr. Muse responded that his business is motorcycle, off road street bikes, they also sell clothing, boots,gloves, minor service repair that is totally zoned for that type of retail work in that building and they have a Business Permit with the City for those activities. Mr. Mapp said that in Mr. Muses testimony that he has families and children coming in. Mr. Muse responded absolutely, the off road community is nothing but family, its mom and dad bringing their daughters,their kids,their boys,their girls, their nephews,their nieces,ages as young as 2 years old to old people like him walking into his family business. Mr. Mapp asked what his hours of operation are. Mr. Muse stated that his hours of operation are Tuesday through Friday from 11am to 6pm, Saturday from 11am until he closes,6pm plus,and they are closed on Sunday and Monday. Mr. Mapp wondered if Mr. Elliot was aware of Mr. Muses business. Mr. Muse responded yes,he would hope so. Mr. Mapp clarified with Mr. Muse he had not had any conversations with Mr. Elliot regarding his business. Mr. Muse responded that he has communicated asking for a face to face and has neglected to have such conversations; the communication was in text messages. Mr. Mapp asked Mr. Muse before he moved to Caldwell,where was he located prior to that. Mr. Muse responded that the history of his motorcycle shop called Suicycles has been in the Treasure Valley since 1990 which he sold it in approximately 1999 and became a deputy Sheriff for Owyhee County. Then his sons re-opened the business again in the City of Nampa in 2003, closed again and sold all the property in Nampa. Now re-opened the business again in Caldwell and purchase his residential property in Caldwell so now all his business and everything he does are in Caldwell. Mr. Mapp stated for the record that the issues with the court he cannot deal with, he can only deal with the land use issues. Mr. Muse responded that the court information was just about ethical integrity and his statements. Mr. Mapp called Mr. Elliot for rebuttal. Mr. Elliot gave rebuttal testimony. Mr. Elliot stated that during the course of his operation it is of the utmost importance that he never enters his retail office with anybody that has been recovered for jumping a bond. If somebody is taken back into custody as result of missing court, they are handcuffed and taken straight to the jail facility. At no time does he ever bring anybody into his office with handcuffs nor do any of his agents wear guns:They are not armed; it is one of his policies that he will not allow his agents to be armed in the office. The falling out that Mr. Muse and he have seemed to have had, he has a picture on his phone, not sure how to put it into evidence, but the unit he is trying to move into has a trailer parked in front Case No.SUP-16-07 Mr. Bail SUP Page 5 of 10 Hearing Examiner Order of Decision of it and there is a sign on the front of the trailer that wasn't there when he first tried to lease this space.On the trailer there now it says"Bail Bonds"with an arrow pointing around the corner.Since he raised the concern with the City, and all he did was ask the City people if this was something acceptable and they City moved to whatever course they took by contacting Mr. Muse and asking about it. Mr. Muse has now taken duck tape and taped over the entrance sign. Mr. Elliot stated the one thing he does not understand is the one thing that they have tried to do is abide by all the requirements of the City to operate whatever business within the City that they want to operate and was just pointing out that there was somebody that appeared to be running a bail bond out of a space similar to his. Mr. Mapp interjected and stated that his interest is in land use.The differences that Mr. Muse and Mr. Elliot have and any legal issues, he cannot deal with. He will deal with the land use issues and what he is hearing from Mr. Muse that his concern is a possible conflict even though Mr. Elliot says it never happens, it could. Mr. Mapp further stated that Mr. Elliot needs to convince him that it won't happen. Mr. Mapp stated that Mr. Muse is also concerned about the type of individuals that come in. Mr. Mapp stated that he has nothing on the record one way or the other so he will give Mr. Elliot time to debate the issue regarding the business and how the business functions and anything that Mr. Muse said regarding Mr. Elliot's business of which has people coming in and out of his business, it is a conflict. Mr. Elliot responded that his business is in the retail setting, is just that, it is a retail setting.Anything to do with the recovery end of any of their defendants is done separately and completely separate from the retail operation.At no time, in the retail operation do they have people in handcuffs, carrying guns, or putting anybody at risk because he has been in this business 14 years and he made a commitment to himself and to the people that work for him that safety is the most important thing. He will not put anybody at risk, including himself for a bail bond. Its money, it's not about life. His big thing in his business is the safety of everybody in his office and around his office. It will be well lit and staffed, and there will never be an issue as far as a defendant being in that office with handcuffs. Mr. Mapp stated that this is what is confusing him,is he going to have a sign that says Bails Bondman. Mr. Elliot responded yes, it will say Mr. Bail with their phone number on it. Mr. Mapp stated that as he understands that a bail bondsmen business is where friends, family or someone comes into pay the bail bond on someone that has gotten in trouble. Mr. Elliot explained that a bail bond is a guarantee to the court that the defendant is going to show up to court. Mr. Mapp explained that he is trying to get an idea of who will be coming into the building. Mr. Elliot stated that typically it will be the family members because if the defendant is in jail that's when the interview with the defendant is done, at the jail. Mainly the people who that visit the retail office are going to be the family members of the defendant. Mr. Mapp clarified again that the defendants will not come to the office. Mr.Elliot stated that if they have the defendant on payment,there are times the defendants will come by the office to make payments, but in today's world with credit cards, most of the payments are done over the phone. Case No.SUP-16-07 Mr.Bail SUP Page 6 of 10 Hearing Examiner Order of Decision U � Mr. Mapp asked when Mr. Elliot said the defendant may come in, are they still defendants or just paying their bill. Mr. Elliot responded that what they do is called premium financing, so there are times that the defendant will have to visit them to make payments on their bonds, or maybe there was something that was missed that they may have to come visit for that or the agent will meet up with them. Mr. Elliot further stated that what is frustrating to him is in bail bonds, they don't deal with the real hardcore folks. Most of the people they deal with are the people that get DUI's, or people that have had a spat with their spouse, driving without privileges and things along those lines. The idea that every defendant that they bail out is some sort of hardened criminal, that is over the top. These people all have jobs, they have lives and Mr. Elliot said that they are just providing a service so the defendant can move on with their lives. Mr. Elliot stated that they do not go get criminals out and put everybody at risk,that's just not what they do. Mr. Mapp asked staff about condition number 8.4 and to confirm that it would include any type of signage and would have to comply with the City. Mr. Wagoner responded that was correct. Mr. Mapp asked staff what they have in regards to if he approves this case,conditions that maybe deal with contrary to what Mr.Elliot said. Mr. Mapp stated that he has never seen anybody come into a bail bonds office in handcuffs,but if someone happened to do that what do we have anything that will deal something to the contrary. Mr.Wagoner responded that he does not have any experience with bail bonds but knows that possible conditions can be based on the general testimony of the applicant in regards to what Mr. Mapp is discussing of individuals or his agents coming with the individuals in handcuffs and things like that.The difficulty with that is down the road when there is an issue that arises when staff from the City at tonight's hearing is not around and does not have the first hand knowledge of this hearing, it can require listening to the meeting and trying to interrupt through the recording what was indented, what was Mr. Elliot's stating and is he in compliance with what he is doing now.So the enforcement of that can be difficult but has seen it before with conditions if approved based on the testimony given on how the operation will operate. It is the looking at the feasibility of enforcing those conditions. Mr. Mapp stated that we have a description of Mr. Elliot's business on the record. If anything was contrary to that or if we got a report of anything contrary to that, it could be a reason to withdraw the Special Use Permit. They would have to go back through a public hearing; the City could not just automatically withdraw the Special Use Permit. Mr. Mapp told Mr. Elliot that he is on the record regarding how his business functions. Mr. Mapp stated that any decisions made are with the land use issues. Mr. Mapp held a discussion so the people in the audience could understand where he is coming from and that the issue is regarding the land use of the bail bonds use in the City Center Zone and the notice reads: A Special Use Permit to operate a Bails Bond Use. Mr. Mapp stated that he understands Mr. Muses concerns, having just opened a business a couple of months ago and the neighbor being a Bails Bond business. Mr. Muse is concerned not only about his Case No.SUP-16-07 Mr. Bail SUP Page 7 of 10 Hearing Examiner Order of Decision � L business but also his customers. Mr. Mapp stated that he has no record of any of the things that Mr. Muse says that can happen, has happened or will happen. Mr. Mapp stated on the record that when he handles a Special Use Permit, he wants to have conditions that can be enforced, that are in the record and if somebody has to go to court, the courts can see that this was the condition and the applicant violated it. Before it would go to court it would come back before the Hearing Examiner and he would have to determine the violation of the conditions. Mr. Mapp closed the public testimony. 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. Policy 14: 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 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 1-1: Guide the growth and development of land uses in such a way that the health, safety, and general welfare of residents will be protected. Goal 1: Establish land-use management policies that protect property rights and the environment, Case No.SUP-16-07 Mr.Bail SUP Page 8 of 10 Hearing Examiner Order of Decision maintain a high quality of life,provide adequate Policy 1-2: Encourage commercial and industrial uses in areas that are readily accessible to regional and principal arterials and/or public transit. GOALS AND POLICIES—Transportation Goal 2:Protect public safety and the environment. Policy 2-2: Ensure that City lots have sufficient frontage and/or accessibility to public streets to mitigate public health and safety concerns. Policy 5-2: In order to minimize the number of driveway approaches, create alternative access points when locating along a principal arterial road. 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 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 Number SUP-16-07 a request by Mr. Bail Inc./Kevin Elliott for a special-use permit to operate a Bail Bonds Use within the C-C (City Center) Zoning District located at 316 S. 10th Avenue in Caldwell, Idaho, is approved with the following conditions of approval: 8.2 Comply with all applicable city codes,ordinances, policies, and standards. 8.3 Improve Cleveland Boulevard and 10th Avenue abutting the site to meet the Downtown Streetscape requirements as listed in Exhibit PA-4. These improvements include but are not limited to:decorative street lights, sidewalk with pavers, irrigation, landscaping. The applicant shall either install these improvements prior to commencing operations, or sign-up for the improvements through the City of Caldwell Decorative Concrete Local Improvement District(LID)if available. 8.4 All local,state,and federal rules and regulations shall be adhered to in the operation of the facility. Case No.SUP-16-07 Mr.Bail SUP Page 9 of 10 Hearing Examiner Order of Decision CASE NUMBER SUP-16-07 WAS HEARD BY THE CALDWELL HEARING EXAMINER AT A PUBLIC HEARING HELD JULY 12, 2016. THE FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER OF DECISION WERE ADMINISTRATIVELY APPROVED AND SIGNED BY THE CALDWELL HEARING EXAMINER ON THE DATE NOTED BELOW. 411/. M.Je • e app, wearing • miner ATTEST: 4,e4 W4 istfrA1/42 /St&I 3.7 Date linikr Jarom :: - Senior Planner Case No.SUP-16-07 Mr.Bail SUP Page 10 of 10 Hearing Examiner Order of Decision • , APPLICANT ITEM DATE SUBMITTED BY A-1 APPLICATION & RECEIPTm. GA, A-2 WRITTEN DESCRIPTION rt,.*(O A-3 SITE PLA)OR n� wT ��. /__ 1'L� €1� Cl .✓ 35 44-11L.. A-4 VICINITY MAP y� i‘• C- I I/4� A-5 ASSESSOR'S MAP A-6 ASSESSOR'S ROLL A-7 TRAFFIC IMPACT STUDY A-8 NEIGHBORHOOD MEETING FORM '`'"i L t 51(0. art �''� i 7k -7.1 A-9 CD - LEGAL DESCRIPTION (POCKET) A-10 DEED A-11 LANDSCAPING PLAN APPLICATION A-12 LANDSCAPING PLAN A-13 kt),,,. kik, A-14 A-15 A-16 A-17 A-18 A-19 A-20 4 THE CITY OF Planning& Zoning Division (: 4 i # HEARING REVIEW MASTER APPLICATION Type of Review Requested (check all that apply) ❑ Annexation El Appeal/Amendment STAFF USE ONLY: t r El Comprehensive Plan Map Change File number(s): ` ❑ De-Annexation ❑ Ordinance Amendment ❑ Rezone Project name: I ., XSpecial Use Permit El Subdivision-Preliminary Plat Date filed: Date complete: ❑ Subdivision-Final Plat Related files: ❑ Subdivision-Short Plat ❑ Time Extension ❑ Variance ❑ Other / S / Subject Property Information 3 1 l`7 ) O1 (s_ex , Q�,,,,,.A1 Address: Parcel Number(s): Subdivision: Block: Lot: Acreage: Zoning: Prior Use of the Property: SPa, Proposed Use of the Property: -64,1 i.�0r O4 Q LC Applicant Information: Applicant Name: V`'\-Z.. ! t 1i c. Phone: 9D$- '7�isb'�'j Address: 7005 1.CJ �'���t) City: --EDke State: .d Zip: S37b4/ Email: 1 i h@ W12 �.TckIt , tp-y� Cell: P'�'� wner Name: � �- q1'r� �/eO��q�?'l t- jen(b419:4)1e : �8��vn��— 7���Address:a0D JV t 'r/G "PI 0 City. State: Zip: z Email:7Q.iQ. J YAP_ l 1 T . [,b-yv� Cell: (900-0- 7�--D07S Agent Name:(e.g;ar�hi - . 3enfi�' __) eU 1 v\ 7' 11(y-t Address: 7OO (� t-G�12ti1 eu) City:—go; State: Ei Zip: 037o4 Email: 14ek) h11 Mk f j TdcD,& Cell: Authorization Print applicant name: 4< Urn � f Io&ie I► [ ��aiwe_je Applicant Signature if/ Date: /Jr �// V 621 Cleveland Boulevard • Caldwell,Idaho 83605 • Phone: (208)455-3021 • www.cityofcaldwell.com/PlanningZoning ::::65 .... .._- THE CITY OF Planning & Zoning Division I j SPECIAL-USE PERMIT CHECKLIST Project Name: File#:S .+ 1(C) o7 Applicant/Agent: Applicant Staff (�) Description ( ) Completed& signed Hearing Review Master Application %./ Narrative fully describing the proposed use/request V Recorded warranty deed for the subject property Signed Property Owner Acknowledgement(if applicable) -.-1. Vicinity map,showing the location of the subject property(8 1/2"x 11") V Site Plan The following are suggested items that may be shown on the site plan: • Property boundaries of the site • Existing buildings on the site • Parking stalls and drive aisles • Sidewalks or pathways (proposed and existing) • Fencing(proposed and existing) Floor Plan ✓ Landscape Plan (if applicable) Neighborhood Meeting sign-in sheet V l ' Fee STAFF USE ONLY: Date Application`Received: 5 1 Li Received by: Proposed Hearing Date: Hearing Body: 621 Cleveland Boulevard • Caldwell,Idaho 83605 • Phone: (208)455-3021 • www.cityofcaldwell.com/PlanningZoning City of Caldwell Receipting Form >..Rnning&Zoning,Engineering,and Fire Department Planning&Zoning Engineering Fire Department Totals Sales Qty Qty Comprehensive Plan 10360 $ Qty $ I ,Ordinances 10360 1 $ $ Master Park Plan/Master Trails&Pathway Plan 10360 $ $ Xerox copies 1401 $ $ Audio Tape Duplication 10360 $ $ Special al Use Permit Less than 2 acres 10200 $ kt'J —12530 $ kp 22025 S 4r. 2 to 20 acres 10200 $ 12530 $ 22025 $ $ PUD More than 20 acres 10200 $ $ , $ 12530 $ 22025 With subdivision 10210 $ 12530 $ 22025 $ $ Without subdivision 10210 $ _ 12540r 'I $ 22025 $ $ Zone Change Less than 2 acres 10220 $ 22025 $ $ 2 to 20 acres 10220 $ 22025 $ $ More than 20 acres 10220 I 22025 $ $ Annexation Less than 2 acres 10240 $ 12550 $ 22025 $ $ 2 to 20 acres 10240 $ 12550 i $ 22025 $ $ More than 20 acres 10240 r $ 12550--1 $ 22025 $ _ $ Comprehensive Plan Map 10300 $ $ Less than 2 acres 10260 2 to 20 acres 10260 $ 1 1 $ More acres 10260 $CompreheiivePlan Text Amendment 10270 $ Subdivision Plats(non PUD) Preliminary 10180 $ 12511 i $ 220251 $ $ Final 10180 $ 12512 1 $ 22025 , $ $ Short plat 10180 li $ 12513 ' $ 22025 $ $ Additional Fees Administrative Time Extension 10280 $ ' I $ Appeals/Amendments to Conditions $10290 $ Business Permit(Change in Use) 11040 $ $ Business Permit(No Change in Use) 11040 $ $ Certified Mailing 10340 $ $ Code Enforcement Admin.Fee 64240 $ $ Design Review Application 10330 $ � $ Development Agreements- ._ I Hearing Examiner 10350 $ 073 $ 18,3 'Legal Notice 10310 $ D $ J �_Lot Line Adjustments 10280 I $ $ Lot Split 10280 $ 12520 Ir_ $ 22025 $ $ Manufactured Home Park 10190 $ $ Minor Land Use Application 10216 $ 22020 $ $ Minor Land Use Application Renewal 10216 $ 22020 $ Ordinance Text Amendments 10230 $ $ $ Plat Amendments 10280 $ P&Z Commission 10350 � $ Regular Mailing V.61 x `�, 10340 $ -.p) $ 'Subdivision Time Extension V 10180 $ $ ji Variance 10250 $ 1 $ TOTAL: $ 1 $ _ $ $ Tax 998 PA'r 11 / TOTAL ,�{-�( - - J - GRAND I tY UPDATED:10/3/2015 "if —i riilTI--7-5-',---------------7------77----- - ------- p----m-7:,- ;41,, 84-13/654 668 BAIL \...., r=1,7irel„V i„ 7005 W FAIRVIEW AVE BOISE,IDAHO 83704 DATE 57/4*/1k, ... i. l'.. PAY TO THE i' ORDER OF I $ ‘&74C8i 00 . ittc ,.. I. CHASE di - 1... ..... JPMorgan Chase Bank,NA. I: vienny.Chase.com r, 6:719 C lakk i USe Ve,e '-i-- 1_ .- 1: i:06 P400 L 3 71: 80 L 279 ? 80'066E1 1 31532 CITY OF CALDWELL CashLJ Check# Li/. x - ....,) Amount Tendered Change , -,- -•, Li \ v i -;---) Payment ) -., . --' Date , I ,...::: 4.,..... / -.,r i For - _,.; i.. .( •--,-' '\_,•-t---:;,.„..-(. '--, oi,,,,i ., \ ,...._ ,,--7 _...... ., . Account No. By .- •.....-.1 „,....• .,.,.‘ . ....._ Office: 208-275-0075 • �' Toll Free: 855-4MR-BAIL IN JAIL CALL MR.BAIL www.mrbailidaho.com 7005 W. Fairview Avenue 201 3rd Avenue East Boise, Idaho 83704 Twin Falls, Idaho 83303 Mr Bail Inc. 7005 W Fairview Ave May 16, 2016 Boise Idaho 83704 To Whom it may concern : The purpose of this letter is to outline the intended use of the property located at 921 Cleveland Blvd ste 316 in Caldwell Idaho. We will be using the space to house a retail Bail Bond company where our customers will visit our office to secure the release of criminal defendants from the Canyon County Jail. It will be a office setting and signage on the exterior of the building. We will have 3 employees that will man that office . If you have any q estion feel free to contact me at the number listed below. /Aff/./ /! d'' ' OF/ -vin Elliott General Manager Kevin(Eimrbailldaho.com' 208-514-7600 Caldwell-Google Maps https://www.google.com/maps/place/Caldwell,+ID+83605/@43.66... s to Caldwell Si' , # - /..` , ;s. ',4' , '' *�� r. s 4� ''? sir lo y t 'f,r� � � 1. Imagery©2016 Google,Map data©2016 Google 50 ft..,,,.,.. 4. •,...,..,,,,,.„,„1„.,,, ,..,„,1„'„':14.t.4:::--: , •,,,,..4.,,,„ ' , ._4 y Caldwell Idaho 83605 rte • \h, J3 1 of 2 5/6/2016 2:31 PM Caldwell-Google Maps https://www.google.com/maps/place/Caldwell,+ID+83605/@43.66... Maps Caldwell / ° z ' 1.'-' 10,0 / , ,,,,,, „ , „ g • Nw, .ash i%^ 4 ,,, - u Imagery©2016 Google,Map data©2016 Google 10 ft r • JAZ/y ,r , � ' x l y' 1,,;41**Jr'1"-,,,:oi,-""f-,,;,.•;-,-,; :.--,-,.,K4,1,,,,,,,„„„i„.,,,,..., ,-IA4* ...„-.'„;,t,' ,r', -'Wf,,,,C.'.•*, .-46,+'•';:',°"9' ,..W,,': *tiir,:::." 2",',;;;;/,‘,0 '-'-"a,:4!..t.:•'..:!- I '..1fr,::',;',? '' ' . ,' ' q,, Caldwell Idaho 83605 ,n Ilvki 1 of 2 5/6/2016 2:34 PM Property Owner Acknowledgement 1444 i)2.41L44. 42‹.or) fa./, /91 (Warne) (Address) illteP Iasi (City) (State) being first duly swam upon,oath,depose and say: 1. That am the record owner,or authorized designee of the record owner of property located at Astm - (Address) and I grant my permission to: nie-014' / 0 7C)05 (YU (Name) (Address) )60/ (City) (State) to submit the accompanying application(s)pertaining to that property. 2. I agree to iriderrinify„defend and hold the City of Caldwell and its employees harmless from any claim or liability resulting from any dispute as to the statement(s)contained herein or as to the ownership of the property which is the subject of the application. 3, i hereby grant permission to City of Caldwell staff to enter the subject property for the purpose of site inspection(s)related to processing said application(s). 11A- /11/ Dated this / 4:22 day of /4 20 (Signature) 4/‘-) i/gnature) Revised 6/2013 NEIGHBORHOOD MEETING FORM City of Caldwell Planning and Zoning Department 621 E. Cleveland Blvd., Caldwell, ID 83605 Phone: (208) 455-3021 G5nn Start Time of Neighborhood Meeting: iaorti End Time of Neighborhood Meeting: 5 . 3 0 4701 Those in attendance please print your name and address. If no one attended,Applicant please write across this form "No one attended." PRINTED NAME ADDRESS, CITY, STATE, ZIP 1. 0 ovNe -14 evvd-P42. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. Neighborhood Meeting Form Page 2 of 3 Revised 6/2013 20. 21. 22. 23. 24. 25. Neighborhood Meeting Certification: Applicants shall conduct a neighborhood meeting for the following: special use permit applications; variance applications; annexation applications; planned unit development applications; preliminary plat applications that will be submitted in conjunction with an annexation, rezone or planned unit development application; and, rezone applications as per City of Caldwell Zoning Ordinance Section 10-03-12. Description of the proposed project: Date of Round Table meeting: Notice sent to neighbors on: Date &time of the neighborhood meeting: Location of the neighborhood meeting: Developer/Applicant: Name: Address, City, State, Zip: I certify that a neighborhood meeting was conducted at the time and location noted on this form and in accord with City of Caldwell Zoning Ordinance Section 10-03-12. DEVELOPER/APPLICANT SIGNATURE DATE Neighborhood Meeting Form Page 3 of 3 AC/ Bail Office: 208-275-0075 Toll Free: 855-4MR-BAIL IN JAIL CALL MR.BAIL www.mrbailidaho.com 7005 W. Fairview Avenue 201 3rd Avenue East Boise, Idaho 83704 Twin Falls, Idaho 83303 To whom it may concern: Mr. Bail Inc. Is wanting to put a retail bail bond office at 921 Cleveland Blvd Ste 316 in Caldwell Idaho. We are requesting a special use permit from the city of Caldwell in order to occupy the space listed above. There will be a neighborhood meeting where any concerns can be raised at 5pm on April 20th 2016 at the address listed above. Th : nkYou Kevin Elliott General Manager Mr Bail Inc a ‘3, 2,7 0 3 — 0 m a 0 0 0 0 3 a v 0 io a 0 0 ikj:<-13‘