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Home My WebLink AboutZOA23-000001 Staff Report_CC SR Caldwell Planning & Zoning Department STAFF REPORT for Public Hearing Item | City Council | 08-15-2023 STAFF ANALYSIS AND RECOMMENDATION SUMMARY Comprehensive Plan Compatibility: The proposed amendment IS in accordance with the adopted comprehensive plan. Surrounding Area Compatibility: Not Applicable / No Impact Zoning District Regulations and Purpose Statement: Not Applicable / No Impact STAFF RECOMMENDATION Staff finds the project IS compliant with all applicable codes, regulations, and policies. Should Council choose to approve the request(s), staff recommends the approval be subject to the conditions listed in the Findings of Fact, Conclusion of Law, and Order. TABLE OF CONTENTS: Ordinance Amendment Summary Applicable Regulations Zoning Text Amendment Approval Criteria Public Notifications & Comments Staff Analysis Staff Recommendation Planning and Zoning Commission Recommendations City Council Decision Options ORDINANCE AMENDMENT SUMMARY The City of Caldwell proposes to amend Caldwell City Code, Chapter 10, Article 3, Section 10-03-12, pertaining to the section title, pertaining to neighborhood meetings, and adding language pertaining to the public hearing process as follows: Change the section title from “neighborhood meetings” to “public hearing process”; Amend the text for the “Neighborhood Meetings” subsection to: Clarify the purpose of the neighborhood meeting; Extend the timeframe for conducting a neighborhood meeting prior to submitting an application from two (2) months to four (4) months; Add new subsection on “Mailing and Publishing of Public Hearing Notices” to include: New text addressing the statutory requirements for published notices, public agency notifications, radius notices, and mass notification procedures, based on land use types. Add new subsection on the “Physical Site Posting of Public Hearing Notices” to include: New text addressing the requirement for the applicant to post the site fifteen (15) days prior to each public hearing; New text addressing the requirements for the type, size, font, and color of public hearing signs based on land size; New text for sign placement and quantity; New text for providing a proof of posting, to include requiring a notarized statement, map and photograph of the posting no later than ten (10) days prior to the public hearing; and New text requiring the removal of signs no later than three (3) days after the public hearing. Add new subsection on “Public Hearings”, to include: New text on the types of public hearings (Legislative and Quasi-Judicial) and a definition of such; New text addressing the statutory requirements for when deciding bodies approve or deny an application, to include specifying the ordinance and standards used in evaluating the application, the reasons for approval or denial, and the actions, if any, that the applicant could take to obtain approval; New text addressing general application approval criteria and references to other specific approval criterial elsewhere in the code; New text authorizing the decision body to impose conditions as needed to ensure consistency with the adopted comprehensive plan and the city code; New text for maintaining a record of the hearings, findings made, and action taken by the hearing bodies; New text addressing the statutory requirements for notifying the applicant on approval or denial decisions made on applications in writing, accompanied by a reasoned statement that explains how and why the decision was made, the relevant facts and factual information contained in the record, and a notice of the applicant’s right to seek Judicial Review; New text addressing the statutory requirements and process for seeking reconsideration of a city council decision, to include new text clarifying 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; and New text addressing the process for filing an appeal for decisions made by the commission, examiner, or design review committee. APPLICABLE REGULATIONS The City of Caldwell Planning and Zoning Department reviews land use applications for conformance with the following codes, regulations, plans and policies: City of Caldwell Zoning Ordinances City of 2040 Caldwell Comprehensive Plan Idaho Code, Title 67, Chapter 65, Local Planning Act Idaho Code, Title 50, Chapter 2, Section 50-222 and 50-223 ZONING TEXT AMENDMENT APPROVAL CRITERIA Caldwell City Code Sections 10-03-03 (amendment and reclassification) outlines the Conclusions of Law pertinent to zoning ordinance text amendments. Before the commission recommends an amendment to the city's official zoning map and before the council approves any proposed zoning map amendment(s), the commission and the council must individually find and conclude the following: The proposed text amendment(s) are in required for public convenience, necessity, or general welfare; The proposed amendment is in accordance with the adopted comprehensive plan; and Reword Section 10-03-12, Subsection C1d to allow the application(s) to be continued or removed from the hearing schedule until proof of posting has been received. PUBLIC NOTIFICATIONS AND COMMENTS AVAILABLE PUBLIC RECORDS: Files and exhibits relative to this application are part of the official record and were available for review in the Planning and Zoning Department located at 621 Cleveland Boulevard in Caldwell, Idaho, and at applicable public hearings. PUBLIC NOTIFICATIONS: Notice of Public Hearing was provided in accordance with Idaho Code, Title 67, Chapter 65, Local Land Use Planning Act and Caldwell City Code. NOTIFICATION TYPE KEY DATES Transmittal to all Agencies June 13, 2023 Property Owner Notice (300’) Not applicable Newspaper Legal Notice Published July 9, 2023 Site Posted Not applicable Planning and Zoning Commission Public Hearing July 26, 2023 REVIEW COMMENTS BY CITY DEPARTMENTS AND EXTERNAL AGENCIES: No comments or concerns were received by city departments or external agencies. PUBLIC COMMENTS: No public comments were received. STAFF ANALYSIS CODE REVIEW: The proposed text amendment is necessary for public convenience, necessity, or general welfare; and meets all requirements of the city code. Applicable Code Meets Code Yes No 10-01-02 Authority and Purpose ☒☐ 10-03-03 Amendment and Reclassification☒☐ *Will meet city code at the time of building permit. CONFORMANCE TO THE 2040 COMPREHENSIVE PLAN: The city’s comprehensive plan provides guidance for any future changes to the zoning ordinances. In addition, the comprehensive plan provides goals and policies to ensure that land use policies, regulations, conditions, and fees do not violate private property rights. A thorough review and analysis has indicated the proposed text amendments are consistent with the adopted goals and policies of the comprehensive plan. STAFF RECOMMENDATION Staff is recommending approval of Case No: ZOA23-000001 as provided in the Findings of Facts, Conclusions of Law, and Order found in Exhibit 1. P&Z COMMISSION RECOMMENDATION Based on the Record and Evidence, Findings of Fact, and Conclusions of Law, the Planning and Zoning Commission, on July 26, 2023 recommended approval of Case No. ZOA23-000001 and with the following modifications: Require notices of the neighborhood meeting be placed in the mail at least fifteen (15) days prior to the date of the neighborhood meeting, instead of ten (10) days. Increase the radius notifications sent by mail to property owners or purchasers of record within the land being considered from three hundred feet (300’) to five hundred feet (500’). Reword language for “proof of posting” subsection to address public hearing delays based on an applicant’s failure to proof of posting on more than one occasion. CITY COUNCIL DECISION OPTIONS CITY COUNCIL OPTIONS City Council may vote to approve the ordinance text amendments as recommended by the Commission; or City Council may vote to approve the ordinance text amendments with modifications; or City Council may vote to deny all the ordinance text amendments as recommend by the Commission, and state the reason for denial, and direct staff to make findings of fact to support this decision; or City Council may vote to continue the public hearing to a future public hearing date (date certain), and request additional information from staff, the applicant, or both; or City Council may vote to continue the public hearing to a future public hearing date (date known), and request additional information from staff, the applicant, or both, and a re-noticing and advertisement. ATTACHED EXHIBITS Exhibit 1: Draft City Council Findings of Facts, Conclusions of Law, and Order Attachment A: Original Draft Ordinance Text Amendment Attachment B: Draft Ordinance Text Amendment with Commission Recommended Modifications Attachment C: Bill and Ordinance Attachment D: Ordinance Summary EXHIBIT 1 Findings of Facts, Conclusions of Law, and Order