A. Applicability: The purpose of this section is to provide a process for amending the text of the zoning ordinance and/or the zoning district map, or other portions of city code deemed by the City Attorney to fall under the regulatory purview of the Local Land Use Planning Act of the State of Idaho, Chapter 65, Title 67.
B. General Requirements and Procedures:
1. Initiation of an Amendment:
a. Amendment Initiated by the City: The Council, LUDC, Mayor, or CSD, may initiate a request to amend the text of this title or to amend the zoning district map.
b. Amendment Initiated by a Property Owner: An owner of private property within the City of Chubbuck or their duly authorized representative, may initiate a request to amend the text of this title or to amend the zoning district map by submitting an application to the CSD.
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 in order 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. City May Require Conceptual Development Plan: When not accompanied by a plat or other use permit, the CSD, LUDC, or Council may require a conceptual development plan that depicts streets, site access, internal circulation patterns, connectivity to adjacent properties, general locations of buildings, land uses and parking, pedestrian walkways, and private/public open space.
4. Notification Requirements: Notices for the public hearing shall be provided in accordance with section 18.28.010 C.
5. Public Hearing: A public hearing shall be held by LUDC in accordance with procedures adopted by Council resolution. At the public hearing, LUDC shall receive pertinent evidence concerning the proposal, particularly with respect to the standards of approval in Section 18.28.050 B.8.
6. Recommendation: After considering the petition, facts, testimony, and the review criteria found in section 18.28.050 B.8., LUDC shall make a recommendation to the Council on whether to approve without or with conditions, deny, or modify an amendment request. Following the LUDC hearing, if LUDC recommends a material change to the proposed amendment which was considered at the hearing, it shall give notice of its proposed recommendation and conduct another public hearing concerning the matter if the council will not conduct a subsequent public hearing concerning the proposed amendment.
7. Council Review of Recommendation: Following receipt of LUDC’s recommendation, the Council shall hold a meeting to consider the request and the recommendation of the Commission and shall render a decision. Since a public hearing was held on the application by the Commission, a public hearing with Council shall not be required however, affected persons may petition the Council in writing to hold a public hearing. The decision as to whether or not to hold a hearing shall be at the discretion of the Mayor after discussing the petition with the city’s legal counsel, the Council President, and the CSD. In those instances where a hearing is held, notice shall be given pursuant to requirements of Idaho Code section 67-6511 and the applicant shall be responsible for the costs associated with additional notices. As a requirement for consideration and action, any written petition by an affected person for a hearing shall be submitted to the CSD not less than seven (7) calendar days prior to the Council meeting in which the application will be reviewed in order for the petition to be considered. Any petition not submitted in a timely manner shall be barred from consideration. Petitions shall include the names and addresses of the petitioners and a narrative describing the petitioner’s concerns with the application as they specifically pertain to the review criteria as found in subsection 8 of this section and describing how the proposal affects their interests.
8. Standards for Approving a Title Text or Map Amendment: A title amendment may be only recommended for approval by LUDC, and approved by the Council, if affirmative written findings of fact are made on each of the following standards; concurring findings between the two bodies are not necessary in order for the Council to approve, approve with conditions, or deny an application:
a. Map Amendment:
(1) The proposed map amendment would be in the community’s best interest;
(2) The list of uses permitted by the land use ordinance would blend with surrounding land uses and the uses permitted in the proposed zoning district would be harmonious in terms of their scale, mass, coverage, density, and intensity with adjacent land uses.
(3) The subject site is suitable for the type and intensity of land uses permitted under the proposed zoning district.
(4) The subject site would be adequately served by transportation routes, police, fire and EMS protection, water/sewer, schools, and other public facilities and services, or agencies, to serve the public health, safety, and general welfare under the proposed zoning district; and
(5) The proposed map amendment is generally not in conflict with the goals, objectives, and policies of the adopted Comprehensive Plan. LUDC and Council shall have discretion in interpreting exact boundary locations of the future land use map designations when considering map amendment requests.
b. Text Amendment:
(1) The proposed text amendment would be in the community’s best interest.
(2) The proposed text amendment is consistent with the existing provisions of the zoning ordinance; and
(3) The proposed text amendment is generally not in conflict with the goals, objectives, and policies of the adopted Plan and furthers them more than the adopted zoning text.
C. Approval by Ordinance: Zoning ordinance amendments, text or map, shall become effective when the Council adopts an ordinance amending the Title and upon summary publication.
D. Rezoning of Land within Four Years: If the Council adopts a zoning district change pursuant to a request by a property owner, the Council shall not subsequently reverse its action or otherwise change the zoning classification of said property without the consent in writing of the current property owner for a period of four (4) years from the date of adoption of said change, per Idaho Code section 67-6511(d).
E. Regulatory Takings Analysis: An amendment of the zoning ordinance applicable to an owner’s lands or approval of conditional rezoning or denial of a request for rezoning may be subject to a regulatory taking analysis provided for by Idaho Code section 67-8003, consistent with the requirements established thereby.
F. Zoning Development Agreements (ZDA):
1. Purpose: A zoning development agreement (ZDA) is a discretionary tool to be used by LUDC and the Council pursuant to Idaho Code section 67-6511A. ZDAs allow a change in a zoning for a specific project, with a specific use, to be developed in an area which may not be appropriate for all uses permitted outright or conditionally within the proposed zone. Approval of a ZDA, pursuant to this section, would permit the proposed use, with conditions, within the proposed zone.
2. ZDA Designation: Lands approved for a change in zoning with a ZDA shall be designated by a “ZDA” (Zoning Development Agreement) on the map following the official zoning designation (e.g., R-1(ZDA), R-2(ZDA), C-1(ZDA), PUD(ZDA), etc.). Designation of property as (ZDA) shall not constitute “spot zoning” nor shall be it presumptive proof that the zoning of other property adjacent to or in the vicinity of the ZDA property should be zoned the same.
3. When Permitted or Required: A ZDA may be permitted or required at the discretion of LUDC or Council when considering a request for a rezone. An agreement, when permitted or required, shall be initiated through one of the following methods:
a. On request by the landowner or duly authorized representative.
b. On recommendation of the CSD; and
c. As recommended by LUDC and/or required by Council.
(1) LUDC or Council may require that a ZDA be executed prior to allowing a particular project to proceed. A ZDA may be formulated when approval of the rezone would permit uses within that zone which may not be appropriate to the area, but the subject project presented may have value to the community which could otherwise be allowed using an agreement.
4. Creation and Form: If a ZDA is deemed necessary by LUDC or Council, the developer or owner shall prepare and execute an agreement with the City that shall be reviewed and approved for form by the City Attorney prior to final Council action. The agreement shall contain the provisions set out below, and once executed by the developer/owner, shall be presented to Council for its approval, and then recorded with the County Clerk with a copy of the instrument provided to the City. Minimum provisions in ZDA’s shall be:
a. Legal description of the subject property;
b. An affidavit by the owner of the property agreeing to the submission of the use and property for an agreement;
c. A concept plan for the property including, but not limited to preliminary site plans, elevation plans, density, and other pertinent exhibits;
d. Construction schedule, including projected occupancy date;
e. Provisions for any reservation or dedication of land;
f. The duration of the agreement; and
g. A provision that the owner acknowledges and agrees that failure to comply with the terms of the agreement shall result in a rezoning of the real property to the zoning district existing immediately prior to the execution of the agreement or, in the case of the preexisting zone being an initial zone at annexation, a zone deemed appropriate by the Commission and Council.
h. A provision specifying that the agreement and all conditions, terms, duties, and obligations included in said agreement shall be an encumbrance on the real property and shall run with the land.
i. Any other matter required by the Council. (Ord. 832, 2021: Ord. 845 § 13, 2022)