HomeMy WebLinkAboutZOA24-000001 - FCO - Ch. 10 and Ch. 11 Text Amd_Package 1CITY OF CALDWELL CASE NO: ZOA24-000001 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, 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
RECOMMENDATION
Case No. ZOA24-000001
This matter came before the Caldwell Planning and Zoning Commission (“Commission”) for
hearing and consideration on the 14th day of February 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
CITY OF CALDWELL CASE NO: ZOA24-000001 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
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.
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 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 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.
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, Article 3, Article 11, and Chapter 11, Articles 1–3
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(s) are in accordance with the adopted comprehensive plan; and
CITY OF CALDWELL CASE NO: ZOA24-000001 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
4. The proposed map amendment meets the required approval criteria and standards as set forth in
Caldwell City Codes.
III
ORDER OF RECOMMENDATION
The Commission, based upon the testimony and evidence in record in this matter and upon
findings of fact and conclusions of law set forth herein DOES HEREBY DETERMINE AND DECIDE
AS FOLLOWS: the request for a Zoning Ordinance Text Amendment to Chapter 10, Article 1, Article 3,
and Article 11, and Chapter 11, Articles 1–3 of Caldwell City Code, is RECOMMENDED FOR
APPROVAL.
These Findings of Fact, Conclusions of Law and Order are approved and adopted by the Caldwell
Planning and Zoning Commission on this 14th day of February 2024.
_____________________________________ __________________
Chair Date
ATTEST:
______________________
Director