HomeMy WebLinkAboutZOA23-000002 FOC_PZ - Signed FindingsCITY OF CALDWELL CASE NO: ZOA23-000002 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
BEFORE THE CALDWELL P&Z COMMISSION
CITY OF CALDWELL, CANYON COUNTY, IDAHO
IN THE MATTER OF AN APPLICATION
FOR A ZONING TEXT AMENDMENT FOR
CHAPTER 10, ARTICLE 1 AND CHAPTER 10
ARTICLE 2, CALDWELL CITY CODE.
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FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND ORDER OF
RECOMMENDATION
Case No. ZOA23-000002
This matter came before the Caldwell Planning and Zoning Commission (“Commission”) for
hearing and consideration on the 22nd day of November 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), the Idaho Land Use Planning Act, and
other pertinent sections of Idaho Code were used in evaluating the applications. The following standards
applied to the subject application proposals:
Code Code Callout Title
Caldwell City Code 10-01-03 Zoning Districts Purpose Statements
Caldwell City Code 10-02-02 Land Use Schedule
Caldwell City Code 10-02-03 Height, Lot Line Setback and Lot Dimension Schedule
Idaho Code Title 67, Chapter 65 Local Land Use Planning
Commission 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: ZOA23-000002 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 1 and Chapter
10, Article 2 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 November 22, 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 1 and Chapter 10, Article 2, Caldwell City Code; and
In approving the request for a Zoning Text Amendments, the Commission concluded the following:
The application decision process has complied with the public notice and hearing requirements of
Idaho Code and Caldwell City Codes; and
ZONING TEXT AMENDMENT
1. The Commission has the authority to recommend approval or denial of the application;
2. The proposed text amendment(s) are required for public convenience, necessity, or general welfare;
3. The proposed amendment is in accordance with the adopted comprehensive plan; and
4. The proposed map amendment meets the required approval criteria and standards as set forth in
Caldwell City Codes.