Rezone

Rezone

A rezone request is to assign a property a different category of restrictions related to land use and development.  In certain instances a development agreement, or a specific agreement related to obligations related to standards, conditions, and timing of the development of the property may be entered into as a result of a rezone. Provisions related to a rezone are found in Garden City Code 8-6B-10.  The essential things to keep in mind is that the rezone can’t constitute ‘spot zoning’, and it must be consistent with the Comprehensive Plan.

 

Rezone requests are heard by the Planning and Zoning Commission as a recommending body and the City Council as the final decision maker.  If the City Council approves your request the zoning ordinance will be filed with the Ada County Land Records along with the development agreement, if applicable.

 

The forms you will need for a rezone are linked throughout this email, as well as a hearing calendar showing key dates and application deadlines.

 

Step 1 Prior to application:

The rezone process begins with a Neighborhood Meeting. The Neighborhood Meeting involves acquiring a list of all property owners within a 300’ radius of the property and mailing them an invite to a meeting to discuss the project. The meeting can be held no sooner than 10 days after the mailing has been sent and must be held between 5:30 p.m. and 8:00 p.m. M-F. Please contact building@gardencityidaho.org to obtain the 300’ list. Verification of this meeting is required when your application is submitted to the City.  The information required to provide verification is:

  1. The list of who the notice was sent to; and
  2. The notice that was sent; and
  3. The duration that someone was present (we ask that you stay for a minimum of 30 minutes in case someone is running late); and
  4. A sign-up sheet (if no one showed up, please indicate on the sign-in sheet).

 

For your convenience the City has drafted templates of a letter and sign-in.  You can opt to use the linked templates or make your forms.

 

Step 2 Application:

The required application forms can be found here: Rezone Application and Affidavit of Legal Interest.  The cost of the Rezone application is $951.30 +$10.50/acre and $264 for a Development Agreement or $423 for a Development Agreement Modification. North Ada County Fire and Rescue will charge $150 for their review.

 

Please submit one copy of all application materials and all application materials in electronic format in person or via mail.  The electronic materials can be emailed to building@gardencityidaho.org.

 

Step 3 Between Submitting the Application and the Hearing:

The Planning and Zoning Commission meet the third Wednesday of every month at 6:30 pm.  The City Council meets the 2nd and 4th Monday’s of the month.  Once you have submitted, you will receive your hearing dates via an acceptance letter.  Staff will then send out your application materials to stakeholder agencies and publicly notice the application in accord with statutory requirements. 

 

Staff will provide you with the public and agency comments that the City receives as well as a staff report that provides a thorough analysis of your application with regards to Garden City Code, Title 8 as well as a synthesis of other agency comments and requirements and public comment to date.  While staff is reviewing your application, they may reach out to you to request clarification or additional materials necessary to complete their review.  Staff will provide you with the draft report in advance of the hearing so that you can provide feedback and let staff know if they have accurately captured the application, made any omissions, or had any misunderstandings.  Please provide feedback quickly so that it can be incorporated prior to the staff report being finalized.  Please also note that not all agency and public comments may be included at that time that staff shares the draft report with you.

 

All rezone applications must post signage on site 10 days in advance of the hearings.  Both hearings can be on the same sign. You are responsible for:

  1. Making or having the sign made and posting the sign.  The requirements for the sign can be found in Garden City Code: 8-6A-7 #3
  2. 7 days prior to the hearing date, you will need to provide an affidavit of property posting demonstrating the sign was posted.  Photos of the sign will need to be included with the affidavit Affidavit of Posting. Please submit via mail, in person, or to planning@gardencityidaho.org.

 

Step 4 The Hearings

You or a representative will need to be present at the hearings to represent the application.  The application will be held in the following order:

  1. The Chairperson/ Mayor will introduce the request.
  2. You will present the application to the Planning and Zoning Commission/ City Council.  You may prepare a presentation if you like, but it is not required.  The Commission/ City Council may ask you questions about your proposal.
  3. Garden City Staff will present the Staff Report
  4. Public testimony will be taken.
  5. You will have an opportunity to rebut any public testimony.
  6. The Commission/ City Council will deliberate and make a decision.

 

Step 5 After the hearing:

A written recommendation will be provided to you from the Planning and Zoning Commission and a written decision from the City Council will be provided to you.  If the request is approved by the City Council it will be recorded at the Ada County Land Records, and your zoning will change. 

 

If you disagree with the City’s decision you can ask for a reconsideration within 14 days of the request in accordance with Idaho Statutes.  The written request must identify specific deficiencies in the decision for which the reconsideration is sought.  A takings analysis can be requested.

 

Please keep in mind that the City has very important deadlines that must be met for each application. If these deadlines are not met by the applicant, the city will be forced to move your application to a date certain. You are not guaranteed to be scheduled for the next Design Review Hearing.