A. Purpose: The purpose of this section is to establish procedures for amendments to the text and map components of the adopted Comprehensive Plan (Plan) of the City of Chubbuck.
B. Applicability: The provisions of this section shall apply to any Plan amendment application.
C. Hearing Requirements and Procedures:
1. Initiation of an Amendment:
a. Amendment Initiated by the City: The Council, LUDC, Mayor, or CSD may propose to amend the Plan.
b. Amendment Initiated by a Property Owner: A property owner or duly authorized representative wishing to modify the Plan first shall complete a pre-application conference with the CSD prior to the submittal of a Plan amendment application, the purpose of which for the potential applicant to discuss their proposal with staff to identify any readily apparent issues with the proposal and to discuss rationale for the proposal.
2. Deadline for Complete Applications is Twenty-Eight (28) Days before Hearing: Complete applications containing the required information and in the format prescribed by the CSD and all fees as established by resolution of the Council shall be submitted to the CSD at least twenty-eight (28) calendar days before the desired hearing. If an application is deemed incomplete and additional information is required from the applicant, the CSD may remove the item from the desired meeting’s agenda. If upon review the CSD determines that an application is of such unusual complexity that more time is needed to thoroughly review and analyze an application to make findings and a recommendation to LUDC, the CSD may cause the application to be heard no later than one (1) regularly scheduled meeting after the originally anticipated meeting.
3. Amendments Require At Least One (1) Public Hearing: Prior to recommending the adoption, amendment, or repeal of the Plan to the Council, LUDC shall conduct at least one (1) public hearing in accordance with the resolution of the City Council and with notice provided in accordance with section 18.28.010 C. LUDC shall review the criteria found in 18.28.040 D. and issue provide a recommendation to the Council as whether the proposal satisfies or does not satisfy each criteria.
D. Recommendation to Council and Required Findings: Upon recommendation from LUDC, the Council shall review the recommendation and the record at a public meeting; at their discretion, the Council may call for a public hearing to be held and the applicant shall be responsible to all costs of providing notice. The Council may approve a Plan amendment after considering following criteria; affirmative findings on each of the following are not required to approve an amendment:
1. The proposed change is required for the public convenience or necessity, or the general welfare of the community, and is in the community’s best interest.
2. The proposed change is needed to recognize substantial changes in the actual conditions of the area or city that have occurred since the comprehensive plan was adopted, or is necessary to correct one or more goals, objectives, or policies that exist in the plan.
3. The proposed change will comply with the community’s goals, objectives, and policies within the comprehensive plan, including its maps; and
4. The proposed change will not place undue burden on transportation or other public facilities in the planning area and does not adversely impact the delivery of services by any political subdivision.
E. Material Change from LUDC Recommendation Requires Public Hearing: If the Council determines it best to make a material change from the recommendation of LUDC, further notice and public hearing shall be provided in accordance with section 18.28.010 C. before the Council adopts, amends, or repeals the Plan.
F. Approval by Resolution: A Plan amendment shall become effective when enacted by resolution by the Council. (Ord. 832, 2021: Ord. 845 § 13, 2022)