During the public hearing the plan commission has an opportunity to review the application materials, ask questions of the applicant, and gather public input regarding the proposal. Answers to all questions about a proposal should be recorded in the official record on the matter. When making a decision, the plan commission should consider all of the evidence in the record, including the application, evidence gathered on-site and during the public hearing, staff reports, photos, sketches, letters, emails, and audio and video tapes. The plan commission must determine the credibility of each piece of evidence and decide whether the applicant has shown that they meet all of the legal standards necessary to grant the request.

A sample decision form is provided at the end of this chapter to help the plan commission record relevant findings of fact, conclusions of law, and their determination:

Findings of Fact

Findings set out the relevant facts from the evidence presented. Findings should identify the applicant, the specific relief requested, and the properties affected by the proposal. A list of witnesses, documents and exhibits relied upon in making the decision should be preserved and referenced in the findings.

Conclusions of Law

Conclusions describe, fact by fact, how each legal standard was or was not met based on the evidence presented. Depending on the type of decision being made, standards might include “public safety,” “adequate public facilities,” or “consistency with the comprehensive plan.” Standards specific to each type of decision are found in local ordinances, state statutes and case law and are described in related sections of this handbook. If no evidence was presented to meet a standard, or if evidence was rejected because it was believed to be unreliable or unbelievable, those facts should be stated on the record.

Determination

The recommendation or final decision on a matter states whether the request was granted or denied and specifies applicable time limits, conditions and other limitations. A written decision supplied to the applicant should include a notice of appeal rights.

The plan commission may not grant or deny an application by simply restating the statutory or ordinance language that was or was not met. Instead, the commission must explain the “grounds” it relied upon to make its decision. It must cite the specific evidence and reasons why the application does or does not meet each legal standard.

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