2022-12-15 Special Meeting
PLANNING AND ZONING COMMISSION MEETING
SPECIAL MEETING
City Council Chambers, 33 East Broadway Avenue Meridian, Idaho
Thursday, December 15, 2022 at 5:15 PM
MINUTES
PRESENT
Commissioner Patrick Grace
Commissioner Andrew Seal
Commissioner Maria Lorcher
Commissioner Steven Yearsley
Commissioner Mandi Stoddard
ABSENT
Commissioner Nathan Wheeler
ADOPTION OF AGENDA
Motion made by Commissioner Lorcher, Seconded by Commissioner Grace.
Voting Yea: Commissioner Grace, Commissioner Seal, Commissioner Lorcher, Commissioner
Yearsley, Commissioner Stoddard
DEPARTMENT REPORTS
1. Presentation: Planning and Zoning Commission Best Practices by Caleb Hood,
Planning Division Manager
ADJOURNMENT
6:00 P.M.
WE IDIAN
PLANNING AND ZONING COMMISSION MEETING
SPECIAL MEETING
City Council Chambers, 33 East Broadway Avenue Meridian, Idaho
Thursday, December 15, 2022 at 5:15 PM
MINUTES
PRESENT
Commissioner Patrick Grace
Commissioner Andrew Seal
Commissioner Maria Lorcher
Commissioner Steven Yearsley
Commissioner Mandi Stoddard
ABSENT
Commissioner Nathan Wheeler
ADOPTION OF AGENDA
Motion made by Commissioner Lorcher, Seconded by Commissioner Grace.
Voting Yea: Commissioner Grace, Commissioner Seal, Commissioner Lorcher, Commissioner
Yearsley, Commissioner Stoddard
DEPARTMENT REPORTS
1. Presentation: Planning and Zoning Commission Best Practices by Caleb Hood,
Planning Division Manager
ADJOURNMENT
6:00 P.M.
Planning & Zoning Commission Training Caleb Hood, Bill Parsons & Kurt Starman Presented by: December 15, 2022 Workshop
Agenda 2 Q&A•in IdahoMaking Fundamentally Sound (and Legally Defensible) Decisions •Interpreting and Applying Standards and Policies•Yes, you have some–Judicial Decisions -Discretion
in Quasi•Law (UDC)–Goals/Vision (Comp Plan) •Policies (Comp Plan) and Standards (UDC) Explained•
Comprehensive Plan of City Impact (ultimate City limits)Designates future land uses within the Area •well as a Map (FLUM) with future land usesIncludes Text (background and policies)
as ••Sets citywide goals and policies•Meridian’s vision for the future•65)-67§Required by State Law (LLUPA, IC •
Unified Development Code lots and blocks, roadways, easements, etc.–Subdivision standards •–•family, restaurants, etc.-multi–Specific Use Standards •Signs and fencing allowances and
restrictions•streets & sidewalks, waterways, etc.aisles, lighting, -landscaping, parking & drive-Improvement standards •Uses allowed (permitted, conditional, accessory, or prohibited)•Dimensional
standards (lot size, setbacks, height, etc.)•Traditional Neighborhood)Zoning Districts (Residential, Office, Commercial, Industrial, and •City Code (Title 11) that establishes standards
for:•Unified Development Code (UDC)•
Comprehensive Plan Both key in development review and Findings 5 Implementation (Zoning/Code) Policy (Comp Plan) and Implements the Plan••Regulatory•conditionsReflects current •Specific•Zoning
Sets direction for zoning•Based on legislation•Advisory•futureAspirations for the •Vision•Long range and general•
Policy and Implementation 6 Implementation Site and design review •Use Permits•Subdivision•Zoning•Policy Specific Area Plans •Master Plans•Comprehensive Plan •
Policy Implementation 7 Ensures compliance with that specific development standards •plans Site & design have impacts on surrounding uses Allow for review of certain uses that may •Subdivision
Ensures adequate public facilities and buildable area •Creates the way for property to be bought and sold•Use permit Conditional First regulatory step •Sets framework for development•and
ZoningAnnexation Less Discretion
8 merely guidelines for guiding zoning decisions. •compliance cannot be the sole basis for denial-non•need not strictly conform •based on a factual inquiry•determined on a case by
case basis•What the courts have said: adopted comprehensive plan.with the policies of the not in conflict •accordance•compliance •conformity•: Actions must be in: What the LLUPA says
Relationship of Plan with Codes Policy and Implementation
City Codes and Policies What are the best practices for making a motion for denial (and approval)?expressly explainable?What about having “bad feelings” or concerns with a proposal that
are not -parking for multi–egin a certain situations (What should the Commission do when specific standards don’t appear applicable doesn’t align with what other agencies have done
or commented?What happens when the Commission hears from the public and that testimony Application Doesn’t Seem AppropriateWhen an –
Finds of Fact, Conclusions of Law, Conditions 10 conditions. findings, conclusions, and Decision must be supported by the Avoid the grocery list approach •Nexus and proportionate•Connect
to time or action•ConditionsConditions and Decision findings of fact. Conclusions must be support by the Link the facts to conclusions of lawyour code regulations. disregard what
is not relevant to Identify facts relevant to the code; Understand the code requirements;Conclusions of LawFindings of Fact/and Decision “Rules”
Ten Commandments of Good Quasi 11 Think like a judge, act like a judge and decide like a judge. 10.Do not invade the province of staff9.Impose only lawful conditions8.Support the decision
with real evidence7.Have written findings and conclusions6.Make a good record5.Consider all the evidence4.Be politically correct and dignified3.Avoid politics2.Follow the Code1.making-Decisionjudici
al -
Two Phases of Public Hearings Motion and Decision Discussion closed Public Hearing is DeliberationCommission Public Comments Applicant TestimonyStaff Presentation finding -Fact 12
Making Motions Vote on the motion 6.Restates the motion or has recorder do soB.state the motion-Asks if there is a need to reA.Chair calls the Question5.for clarification)Discussion
on the motion (Staff may ask 4.Motion is seconded3.Reasons for the condition B.State them A.If there are conditions: 2.Approve with conditionsC.Comp Plan and/or Code)back to -Disapprove
(with reasons that tieB.ApproveA.“Move to…” and then describe the action 1.13 Basic Outline-
Legal Requirements Under LLUPA 14.actions, if any, that the applicant could take to obtain approvalThe (c)•s for approval or denial; andreasonThe (b)•in evaluating the application;standards
usedThe ordinance and (a)•:shall specifyWhenever a governing board or zoning or planning and zoning commission grants or denies an application, it •6519(5)-Idaho Code section 67•fairness
and the essentials of reasoned decision making. . .emphasis on fundamental evaluate the adequacy of procedures and resultant decisions in light of practical considerations with an s
a whole and to s aof recognized principles of law. In reviewing such decisions, the courts of the state are directed to consider the proceedingal application ticIt is the intent of
the legislature that decisions made pursuant to this chapter should be founded upon sound reason and prac•Idaho Code section 6535(3)•specific authorization, or denial of same, on appeal.-of
an approved permit or site compliance or noncompliance with relevant decision criteria shall be grounds for invalidationFailure to identify the nature of compliance or noncompliance
with express approval standards or failure to explain (a)•and statutory provisions, pertinent constitutional principles and factual information contained in the record.explains the
rationale for the decision based on the applicable provisions of the comprehensive plan, relevant ordinance statement that explains the criteria and standards considered relevant, states
the relevant contested facts relied upon, and a reasoned byThe approval or denial of any application required or authorized pursuant to this chapter shall be in writing and accompanied•Idaho
Code section 6535(2)•aspects of compliance or noncompliance with relevant approval standards and criteria in the written decision.requested permit or approval. Whenever the nature of
any decision standard or criterion allows, the decision shall identify interested residents and decision makers alike may know the express standards that must be met in order to obtain
a standards and criteria shall be set forth in express terms in land use ordinances in order that permit applicants, approval y. Such untshall be set forth in the comprehensive plan,
zoning ordinance or other appropriate ordinance or regulation of the city or coeria which ritThe approval or denial of any application required or authorized pursuant to this chapter
shall be based upon standards and c•6535(1)-Idaho Code section 67•Approval or Denial of Applications
Resources 16 The Citizen’s Guide to Planning, J.AllorDavid The Planning Commissioners Guide, Albert Solnit. The Job of the Planning Commissioner, APA quarterly -The Commissioner www.plannersweb.c
om-Planning Commissioners Journalhttp://idahoapa.org-American Planning Association Idaho Chapter www. planning.org -American Planning Association (APA)www.idahocities.org-Association
of Idaho Cities, Givens Pursley attorneys at Law; 2007Idaho Land Use Handbook