(1) Purpose. The purpose of this section is to establish procedures for comprehensive plan amendments, including amendments to the future land use map.
(2) Initiation Of Proceedings:
A. Amendments to the text of the comprehensive plan may be initiated by the city council, the planning commission, or the planning director.
B. An amendment to the comprehensive plan map may be initiated by the city council, the planning commission, the planning director, or by an application of one or more of the owners of property affected by the proposed amendment.
(3) Amendment Application Procedures:
A. Neighborhood Meeting Required. Any person seeking an amendment to the comprehensive plan map for their affected property shall first conduct a neighborhood meeting in accordance with 10-03-12 of this chapter.
B. Application Submission. Any person seeking an amendment shall file a completed application, checklist, and all appropriate fees, with the Planning and Zoning Department on forms prescribed by the Department, accompanied by such data and information necessary to assure the fullest presentation of facts, as determined by the Planning Director. The Director shall have the authority to require any additional information or data necessary to aid in understanding and reviewing the amendment request.
1. If the requested amendment is for a comprehensive map change, it may be concurrently reviewed with an application for amendment of the zoning map or an application for annexation, provided procedural requirements for each application are met.
2. No application for the same comprehensive plan map amendment, concerning the same property, which has been denied by the City, shall be received or processed by the Planning and Zoning Department within six (6) months of such denial, unless the Planning Director determines that significant changes have been made to the prior development proposal.
(4) Public Notice and Hearings: The commission and city council shall conduct the public notice and hearings in accordance with the procedures set forth in 10-03-12 of this chapter, and pursuant to the notice and hearing procedures provided in section 67-6509, Idaho Code.
(5) Commission Consideration and Decision:
A. The commission, prior to recommending an amendment, supplement, or repeal of the comprehensive plan to the Council, or prior to recommending approval or denial to the Council for any application, shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard.
(6) City Council Consideration and Decision:
A. Comprehensive plan amendments may be approved or denied only after the city council has received a recommendation from the planning commission, and a public hearing has been held in relation thereto before the council, in which interested persons shall have an opportunity to be heard.
B. The city council, prior to approving any comprehensive plan text amendment requests, shall find and conclude the requests have met the criteria identified in subsection (7) of this section, and shall make the express findings of such.
C. The city council, prior to approving any comprehensive plan map amendment requests, shall find and conclude the requests have met the criteria identified in subsection (8) of this section, and shall make the express findings of such.
D. In addition to the express findings, whenever the city council grants or denies an application, it shall specify:
1. The ordinance and standards used in evaluating the application;
2. The reasons for approval or denial; and
3. The actions, if any, that the applicant could take to obtain approval.
E. If the city council approves the proposed amendment, it shall be effective through the enactment of a resolution. A copy of the adopted or amended plan shall accompany each adopting resolution and shall be kept on file with the city clerk. If the approval is for, or includes approval of a comprehensive plan map amendment, and it shall thereafter be made a part of the comprehensive plan by appropriate amendment of the future land use map.
(7) Required Findings for Approval of a Comprehensive Plan Text Amendment:
A. In the course of consideration of any such request, the city council, upon recommendation from the commission, must find and conclude that ONE (1) or MORE of the following criteria exists.
1. The amendment is based upon new information that was not available at the time of adoption of the comprehensive plan, or circumstances have changed since the adoption of the plan that warrant an amendment to the plan;
2. An amendment is necessary to correct, update, and/or clarify one or more goals, objectives, or policies that exist in the plan;
3. The proposed text amendment will help further the goals, objectives, and policies within or between any chapter of the Caldwell Comprehensive Plan;
4. The proposed text amendment provides an improved guide for future growth and development of the city; and/or
5. An update is necessary or required in accordance with Chapter 65, Title 67, Idaho Code.
(8) Required Findings for Approval of a Comprehensive Plan Map Amendment:
A. In the course of consideration of any such request, the city council, upon recommendation from the commission, must find and conclude that ALL of the following criteria exist.
1. The proposed amendment is consistent with the general intent, purpose, policies and goals of the comprehensive plan, or addresses changed conditions since the last time the comprehensive plan map was amended;
2. The proposed amendment does not adversely impact other aspects of the Comprehensive Plan;
3. The accompanying zoning is consistent with the requested comprehensive plan classification;
4. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicate that adequate public facilities and services can be, or are expected to be provided, to serve any and all uses allowed on this property under the accompanying zone;
5. The request has met compliance with all public notice and hearing requirements of the City Code and Idaho Code.
6. The amendment will result in the long-term physical, natural, economic, and/or social benefits to the community and is in the best interest of the community. (Ord. 1451, 12-13-1977; Ord. 1746, 6-29-1987; Ord. 1988, 5-17-1993; Ord. 2023, 2-22-1994; Ord. 2747, 5-19-2008; Ord. 2805, 11-2-2009; Ord. 2865, 6-20-2011; Ord. 3576, 3-19-2024)