Hayden grapples with zoning changes
HAYDEN — Density-lowering amendments to two new zones in the Hayden Future Land Use Map will go back to the Planning and Zoning Commission for a public hearing following a 3-1 council vote Tuesday night.
After a July 29 open house, staff rewrote “Mixed-Use” and “Mixed-Residential” standards to address concerns highlighted in public comments. Staff developed the two zones after council approval of the Imagine Hayden 2040 Comprehensive Plan in 2020.
According to code language, “Mixed-Use” allows for residential multifamily — four units or more per structure — and commercial uses. “Mixed-Residential,” by comparison, is solely for single, two, or three-family housing developments.
Drafted changes to the two codes:
• Lowered the maximum number of dwelling units per acre in Mixed-Use from 20 to 15 and a base amount of 12 given location, landscaping, and amenities
• Identified Mixed-Use designs based on size and location
• Added clarifying language about the nonresidential and commercial areas within Mixed zones
• Updated zone graphics to more accurately reflect setback requirements when adjacent to residential zones
Councilman Matt Roetter was the lone opposition to the amendments because he said the zones might still increase density.
Changes in the comprehensive plan and subsequent revision to the Hayden Future Land Use Map placed hundreds of existing properties into a state of nonconformance. Senior Planner Donna Phillips explained that the changes primarily impacted properties under the Multifamily zone standards eliminated in the new comprehensive plan.
Nonconforming properties, Phillips said, are those built to code at the time of construction but following the overlay of a new zone no longer meet design standards.
There are 232 medium-density and 287 high-density lots in the former Multifamily zone, Phillips said. Due to their nonconformance, Phillips explained that if an owner wanted to build a shed or addition on their property, it would be denied because of current city codes.
“We have a plethora of lots across the city (in nonconformance),” Phillips said. “The problem is when someone who owns the property wants to do something on it, they come to the city, and I say no because the zone they have doesn’t allow it.”
Those residents can petition the city to allow a zone change, and some do, City Attorney Caitlin Kling said. However, it can require public hearing processes, fees and is not always approved, Councilman Dick Panabaker noted.
“I live in one of those places. When our house was built in the little subdivision between the two highways, that was residential, and later they changed that all to commercial,” Panabaker said. “So if I want to do anything with my house, it’s worthless.”
Staff would mail letters for the 500 properties in a citywide zone map amendment to determine how many residents would like to participate in the zone change.
Kling said zone boundaries aren't defined under the new Hayden Future Land Use Map and Mixed designations. The city is still gathering information and speaking to property owners about the potential amendments. To figure out a path forward, staff asked for direction from the City Council.
“With massive zone changes, I don’t know what people are thinking or how they are affected,” Roetter said. “It’s difficult for me to decide on these kinds of things when I don't know all the ramifications and the concerns of the property owners."
Due to a mass of information presented by Phillips, Roetter motioned to table any action on rezoning Multifamily properties. He also asked staff to bring forward a cost analysis for employee time and notice the zone change process requirements.
The motion passed 3-2, Councilmembers Dick Panabaker and Roger Saterfiel dissenting.
“I think we should just keep this thing going and get the answers,” Saterfiel said. “That’s what we’re all seeking.”
