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HomeMy WebLinkAboutZOA23-000001 CC version signedCITY OF CALDWELL CASE NO: ZOA23-000001 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER BEFORE THE CALDWELL CITY COUNCIL CITY OF CALDWELL, CANYON COUNTY, IDAHO IN THE MATTER OF AN APPLICATION FOR A ZONING TEXT AMENDMENT FOR CHAPTER 10, ARTICLE 3, SECTION 10-03-12, CALDWELL CITY CODE. ) ) ) ) ) ) ) ) ) ) ) FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF DECISION Case No. ZOA23-000001 This matter came before the Caldwell City Council (“Council”) for hearing and consideration on the 15th day of August 2023, upon a request filed by the City of Caldwell Planning and Zoning Department (“Applicant”), on behalf of the City of Caldwell, pursuant to all applicable Caldwell City Codes and Idaho Codes. The Caldwell Zoning Ordinance (Ord. 1451, 12-13-1977) and the Idaho Land Use Planning Act were used in evaluating the applications. The following standards applied to the subject application proposals: Code Code Callout Title Caldwell City Code 10-01-02 Authority and Purpose Caldwell City Code 10-03-03 Amendment and Reclassification Idaho Code Title 67, Chapter 65 Local Land Use Planning Idaho Code Title 50, Chapter 2, Section 50-222 Annexations City of Caldwell 2040 Comprehensive Plan Council having heard and taken oral and written testimony, and having duly considered the matter, hereby makes the following findings, conclusions of law and decision on this matter. CITY OF CALDWELL CASE NO: ZOA23-000001 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER I RECORD The record includes, but is not limited to all public testimony, evidence, staff reports, presentations, exhibits, findings, minutes of the hearing(s); and all applications, plans, and documents within the official case files. II FINDINGS OF FACT, CONCLUSIONS OF LAW Regarding the request for a zoning ordinance text amendment of Chapter 10, Article 3, Section 10-03-12 of Caldwell City Code, the Commission received and reviewed the record and finds and concludes the following: A neighborhood meeting was not required. A public hearing on the requested Zoning Ordinance Text Amendments were held before the Commission on July 26, 2023, at which time city staff presented the proposed amendments, and a staff report and analysis of the amendments to the Commission. Oral testimony in opposition, neutral, and in favor were then taken and made a part of the permanent record. Based upon the testimony, information received, and record of evidence presented, the Commission made a RECOMMENDATION TO THE CITY COUNCIL FOR APPROVAL of the request for Zoning Text Amendments of Chapter 10, Article 3, Section 10-03-12, Caldwell City Code with modifications; and A public hearing on the request for zoning ordinance text amendments of Chapter 10, Article 3, Section 10-03-12 of Caldwell City Code, were held before the City Council on August 15, 2023, at which time city staff presented a staff report along with an analysis of the application and all pertinent information on the case. The applicant then presented their requests; and oral testimony in opposition, neutral, and in favor were taken and made a part of the permanent record of evidence. Based upon the testimony, information received, the record of evidence presented, and consideration of the recommendation from the Commission, the City Council voted to APPROVE the request for zoning ordinance text amendments of Chapter 10, Article 3, Section 10-03-12 of Caldwell City Code. CITY OF CALDWELL CASE NO: ZOA23-000001 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Exhibit 1 - Attachment A Draft Ordinance Text Amendments WITH COMMISSION RECOMMENDED MODIFICATIONS 10-03-12: NEIGHBORHOOD MEETINGS PUBLIC HEARING PROCESS: A. (1) Neighborhood Meetings: Applicants shall conduct a neighborhood meeting for any of the following applications; special use permits, variances, annexations, planned unit developments, preliminary plats, appeals, comprehensive plan map amendments, and rezones. 1. (2) It shall be the sole duty of the applicant to provide written notice of a neighborhood meeting to all property owners or purchasers of record owning property within three hundred feet (300') of the exterior boundary of the subject property; except that in the case of variance applications only, written notice of a neighborhood meeting only needs to be provided to property owners immediately adjacent to the subject property. 2. Notice of a neighborhood meeting shall be in addition to, and not combined with notices already required by this chapter, and shall include the date, time, location and purpose of the meeting. 3. (3) The purpose of the neighborhood meeting shall be to review the proposed project and discuss neighborhood concerns, if any. The applicant/developer shall provide and discuss the development plan, proposed land uses, densities, and features of the proposed development. The applicant shall also communicate the timing and logistics (phasing) of the project. 4. (4) The meeting shall not be on a holiday, a holiday weekend, or the day before a holiday or holiday weekend. 5. (5) The meeting shall be held at one of the following locations: a. A. On the subject property; b. B. At a nearby available public meeting place including, but not limited to, a fire station, library, school, or community center; or c. C. An office space with suitable meeting facilities if such facilities are within a one-mile radius of the nearest public meeting place. 6. (6) The neighborhood meeting shall be conducted prior to the application being accepted by the Planning and Zoning Department. a. A. The subject application(s) shall be submitted within two (2) four (4) months following the neighborhood meeting. b. B. Notices of the neighborhood meeting shall be placed in the mail at least ten (10) fifteen (15) days prior to the date of the neighborhood meeting. 7. (7) The neighborhood meeting form(s) shall be obtained from the planning and zoning department and shall be completed and submitted to the planning and zoning department along with the application submittal. B. Mailing and Publishing of Public Hearing Notices: In accordance with Idaho Code and this chapter, the following public notices shall be required based on the type of land use application below. 1. Required notices for comprehensive plan, zoning ordinance, and subdivision ordinance text enactments, amendments, and repeals. a. Published notice. At least fifteen (15) days prior to the hearing, notice of the time and place and summary of the proposed amendment, request or application to be discussed shall be published in the official newspaper or paper of general circulation within the jurisdiction. The commission notice shall also make be made available a notice to other papers, radio and television stations serving the jurisdiction for use as a public service announcement. b. Public agency notifications. Notice shall be sent to all political subdivisions providing services within the planning jurisdiction, including school districts, at least fifteen (15) days prior to the public hearing. 2. Required notices for annexations, comprehensive plan land use map amendments, zoning ordinance map amendments, development agreements, special use permits, variances, planned unit developments, and subdivision plats. a. Published notice. At least fifteen (15) days prior to the hearing, notice of the time and place and summary of the proposed amendment, request or application to be discussed shall be published in the official newspaper or paper of general circulation within the jurisdiction. The commission notice shall also make be made available a notice to other papers, radio and television stations serving the jurisdiction for use as a public service announcement. b. Public agency notifications. Notice shall be sent to all political subdivisions providing services within the planning jurisdiction, including school districts, at least fifteen (15) days prior to the public hearing. c. Radius notices. Notice shall be provided by mail to property owners or purchasers of record within the land being considered; three hundred feet (300') five hundred feet (500’) beyond the external boundaries of the land being considered; and any additional area that may be impacted by the proposed application as determined by the planning and zoning director. For variance applications, only adjacent (including across streets and alleys) residents and property owners need be notified. d. Mass notification procedure. When notice is required to be given to two hundred (200) or more property owners or purchasers of record, an alternative form of procedure of official notice of the public hearing for both the commission and council shall be that the public hearing notice shall be published in the official newspaper or newspaper of general circulation in the area two (2) consecutive times. Sufficient notice shall be deemed to have been provided if the city provides notice through a display advertisement at least four (4) inches by two (2) columns in size in the official newspaper of the city at least fifteen (15) days prior to the hearing date, in addition to site posting on all external boundaries of the site. C. Physical Site Posting of Public Hearing Notices. 1. Not less than fifteen (15) days prior to each public hearing, the applicant shall post a copy of the public hearing notice of the application on the property under consideration. Except as noted herein, posting of the property must be in substantial compliance with the following requirements: a. Properties or Land Less Than Two (2) Acres in Size. The applicant shall post a sign consisting of one (1) 18-inch by 24-inch bright colored, laminated paper, or other similar material mounted to a rigid surface of equal size and attached to metal or wood support posts. Notices shall specify the name of the applicant, a statement concerning the proposed development, and the date, time and location of the public hearing. b. Properties or Land Two Acres or More in Size. The applicant shall post a 4’ x 4’ sign consisting of plywood or other hard surface mounted on two (2) 4"x4" posts. Centered at the top of the four foot by four foot (4' x 4') sign board(s) in six inch (6") letters shall be the words "Caldwell Public Hearing Notice" and the date of the hearing. In addition, each sign shall include the name of the applicant, the proposed development, the hearing body, the date, time, place of the public hearing, the nature of the hearing, and a summary of the proposal to be considered. Each sign shall be painted white and the letters shall be painted black and shall appear on both sides. An example of this sign is listed below: c. The Director may require larger sized posting(s) or multiple notice(s) for applications that, in the reasonable discretion of the Director, could result in significant adverse traffic, environmental, aesthetic, noise, pollution, or population density impacts. Additionally, the Director may require larger sized posting(s) or multiple notice(s) if, in the reasonable discretion of the Director, the specific circumstances of the site and the proposed development create a risk that the notice as provided will be insufficient to alert the general public and adjacent owners to the proposed development. d. Sign placement & quantity: (1) The notice(s) shall be posted perpendicularly along each roadway, excluding Interstate 84, adjacent to the subject property boundaries. The base of the notice shall be at least three feet above the ground. (2) If the property has roadway frontage of 1,000 feet or more, a notice shall be placed at each end of the property roadway frontage. (3) Notice(s) shall be located on the property, with the notice oriented to oncoming traffic, outside of the public right-of-way. (4) If the sign cannot be placed on the property and still be clearly visible, the sign may be placed within the right-of-way if consent of the owner of the right-of-way can be obtained. (5) In circumstances where placing signs per the standards listed herein is not practical, the director may identify an alternative sign placement strategy. e. Proof of posting. A notarized statement, map depicting the location(s) of the sign(s) and a photograph of the posting shall be provided to the city no later than ten (10) days prior to the public hearing attesting to where and when the sign(s) were posted. Failure to provide proof of posting by such date may result in the hearing being continued or delayed until the proof of posting has been satisfied. f. Sign removal. The signs shall be removed no later than three (3) days after the public hearing for which the sign had been posted is ended. D. Public Hearings: On every land use action for which notice is provided below, both the Planning and Zoning Commission and the City Council shall hold a public hearing in which interested persons shall have an opportunity to be heard. Following the commission hearing, if the commission recommends a material change to the proposed amendment/action which was considered at the hearing, it shall give notice of its proposed recommendation and conduct another public hearing concerning the matter if the council will not conduct a subsequent public hearing concerning the proposed amendment. If the council will conduct a subsequent public hearing, notice of the commission's recommendation shall be included in the notice of public hearing provided by the council. 1. Types of Public Hearings: a. Legislative. Legislative hearings include hearings on amendments to, or enactments of any ordinance. They also include revisions or amendments to the City of Caldwell Comprehensive Plan, or applications to establish a new zoning or overlay district. In legislative hearings, the record is not limited to the record developed by the review body. Any and all new evidence may be received by Council during a legislative hearing regardless of whether the evidence was introduced in prior procedural steps. b. Quasi-Judicial. Quasi-judicial hearings are hearings in which the review bodies are making decisions on the application of policy to a specific development application. 2. Decisions. The decision body shall approve, approve with conditions, approve with modifications, or deny an application based upon the applicable standards and criteria in this Code and the City of Caldwell Comprehensive Plan. Whenever a governing board or zoning or planning and zoning commission grants or denies an application, it shall specify: a. The ordinance and standards used in evaluating the application; b. The reasons for approval or denial; and c. The actions, if any, that the applicant could take to obtain approval. 3. Decision Criteria. A decision body authorized to act under this Code shall base a decision on the following criteria and any specific criteria indicated elsewhere in this chapter for the specific type of application. a. The approval is consistent with the goals, policies, and intent of the adopted Comprehensive Plan; and b. The approval is consistent with the general purpose of this Code stated in Section 10-01-02 (2) and 11-01-02 (1). 4. Conditions. A decision body authorized to act under this Code may impose conditions as needed to ensure that the approval is consistent with the adopted Comprehensive Plan and this Code. 5. Hearing Records. A record of the hearings, findings made, and actions taken by the commission and/or city council shall be maintained by the city. 6. Notice of Decisions: The approval or denial of any application required or authorized pursuant to Title 67, Chapter 65, and Idaho Code, shall be in writing and accompanied by a reasoned statement. A reasoned statement explains the criteria and standards considered relevant, states the relevant contested facts relied upon, and explains the rationale for the decision based on the applicable provisions of the comprehensive plan, relevant ordinance and statutory provisions, pertinent constitutional principles and factual information contained in the record. Every final decision rendered shall provide or be accompanied by notice to the applicant regarding the applicant’s right to request a regulatory taking analysis pursuant to section 67-8003, Idaho Code. An applicant denied an application or aggrieved by a final decision concerning matters identified in section 67-6521(1)(a), Idaho Code, may within twenty-eight (28) days after all remedies have been exhausted under local ordinance seek judicial review under the procedures provided by Title 67, Chapter 52, Idaho Code. 7. Request for Reconsideration by Affected Persons. On any application brought before the city council affecting the use, occupancy or development of real property, including, but not limited to, those matters governed by the Idaho Local Land Use Planning Act, found at Idaho Code section 67-6501 et seq., or the Caldwell Zoning Ordinance, found in this title, a party may request that the city council reconsider a decision pursuant to the terms of this section. Decisions and recommendations of the planning and zoning commission are not subject to reconsideration but may be appealed to the city council as provided in this title. Except that, decisions on annexations, being legislative decisions, do not qualify for reconsideration, and requests for reconsideration on annexations will not be heard by the City Council. This exception does not apply to category B or category C annexations subject to judicial review in accordance with Chapter 2, Title 50, Idaho Code. a. As required by Idaho Code section 67-6535(2)(b), any applicant or affected person who wishes to seek judicial review of compliance with the provisions of Idaho Code section 67-6535, must first seek reconsideration of the final decision within fourteen (14) days. b. Such written request must be delivered to the city clerk within that time frame and must identify specific deficiencies in the decision for which reconsideration is sought. c. The city council shall review the petition for reconsideration at a regular meeting and decide whether to reconsider the matter. d. The city council may consider its decision only if it finds any of the following: (1) There was a clerical error in the decision; (2) The decision resulted from fraud or mistake; (3) There is new evidence for the record or a change in circumstances; (4) There was a procedural error; (5) The council previously rejected the application by a tie vote; or (6) The decision was made in violation of substantive law. e. If the city council chooses to reconsider the final decision, the city council shall provide the applicant or affected person a written decision on such action. If the city council grants reconsideration in whole or in part, a hearing before the city council will be scheduled to address the specific deficiencies identified by the applicant or affected person, which shall be conducted pursuant to the public notice procedures set forth in this section. The issues examined upon reconsideration shall be limited to issues raised by the petition for reconsideration and the record previously established, as well as the applicable law. The cost of all required notices shall be borne by the party(ies) seeking reconsideration of the decision and paid in advance. f. Following the hearing on the reconsideration, the city council may affirm, reverse, or modify, in whole or in part, its' prior decision and shall provide a written decision to the applicant and the affected person(s) within sixty (60) days of receipt of the request for reconsideration. If the city council fails to timely decide, the request for reconsideration is deemed denied. A decision shall not be deemed final for purposes of judicial review unless the process required in this subsection has been followed. The twenty-eight (28) day time frame for seeking judicial review is tolled until the date of the written decision regarding reconsideration or the expiration of the sixty (60) day reconsideration period, whichever occurs first. g. Once the council has reconsidered any of its decisions relating to a given application, as set forth hereinabove, it may not entertain any additional or subsequent request for reconsideration, whether by the same or any other interested party. h. A failure to request reconsideration is a failure of the applicant or affected party to exhaust administrative remedies. 8. Appeals: a. Any applicant or party aggrieved by a decision of the planning and zoning commission, hearing examiner, or other hearing body, with respect to the provisions of this article may appeal that decision to the city council by filing a notice of appeal with the city clerk within fifteen (15) days following the date upon which the decision was made. b. Content Of Appeal: All appeals shall be in writing and shall contain the following: (1) The appellant's name, address, and telephone number; (2) The appellant's statement describing his or her standing to appeal; (3) Identification of the application and/or decision which is the subject of the appeal; (4) The appellant's statement of grounds for the appeal addressing why the appellant believes the decision to be unlawful or inappropriate to the factual circumstances. c. Setting Of Appeal Hearing: Upon the timely filing of appeal, the city shall set the date, time and place for the appeal to be heard by the city council. d. Burden Of Proof: The appellant shall bear the burden of proving the decision was unlawful or inappropriate to the factual circumstances. e. The council shall give legal public notice to the parties in interest, and decide the same within a reasonable time following the hearing. At the hearing, any affected party may appear in person, by agent or attorney. CITY OF CALDWELL CASE NO: ZOA23-000001 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER Exhibit 1 – Attachment B Approved Planning & Zoning Commission Findings of Facts, Conclusions of Law, and Recommendation / Order