HomeMy WebLinkAboutZOA24-000001 FCO - SignedCITY OF CALDWELL CASE NO: ZOA24-000001 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 1, ARTICLE 3, AND
ARTICLE 11 AND CHAPTER 11, ARTICLE 1
THROUGH ARTICLE 3, CALDWELL CITY
CODE.
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FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND ORDER OF
DECISION
Case No. ZOA24-000001
This matter came before the Caldwell City Coucnil (“Council”) for hearing and consideration on
the 19th day of March 2024, 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 Title, Purpose, and Zoning Districts (various sections)
Caldwell City Code 10-03 Administrative Procedures (various sections)
Caldwell City Code 10-11 Industrial Airport Overlay Zone (all sections)
Caldwell City Code 11-01 General Regulations (various sections)
Caldwell City Code 11-02 Procedures for and Contents of Plats (various sections)
Caldwell City Code 11-03-02(15) Private Streets
Idaho Code Title 67, Chapter 65 Local Land Use Planning
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: ZOA24-000001 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 1, Article 3,
and Article 11, and Chapter 11, Articles 1–3 of Caldwell City Code, the Council 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 was held before the
Commission on February 14, 2024, 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.
A public hearing on the requested Zoning Ordinance Text Amendments was held before the
Council on March 19, 2024, at which time city staff presented the proposed amendments, and a staff report
and analysis of the amendments to the Council. 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, record of evidence presented, and consideration
of the Commission recommendation of approval to the City Council, THE CITY COUNCIL VOTED TO
APPROVE the request for Zoning Text Amendments of Chapter 10, Article 1, Article 3, Article 11, and
Chapter 11, Articles 1–3 Caldwell City Code; and
In approving the request for a Zoning Text Amendments, the City Council 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;