How to Participate in the Administrative Application with Notice process

Land use applications such as Design Review, Minor Land Divisions, and Non-Conforming Setback Extensions are reviewed through an Administrative with Notice process.

After the City receives an application, it assigns an application number and provides the applicant with the information needed to prepare for a neighborhood meeting. The applicant then invites nearby residents to participate through property posting and mailed notices to neighbors within a 300-foot radius.

The purpose of this meeting is to present the project, explain how community members can be involved in the process, outline the public’s rights to comment or appeal, and provide an opportunity for questions and feedback.

Written public comments are accepted for 17 calendar days after the neighborhood meeting.

You can fill out the Public Comment From or send comments to Development Services, 6015 N Glenwood St, Garden City, ID 83714-1347.

To be included in the official record, your comment must:

Comments shall be submitted to the Development Services Department no later than seventeen (17) days after the neighborhood meeting.
Comments shall be in writing and may include exhibits.
Comments shall include the submitter’s:
- Full name,
- Address, and
- Signature.
Comments must specifically address the application. Matters outside of the subject application cannot be considered.
Comments shall not contain personally derogatory remarks.
Comments shall be sufficiently detailed to identify specific deficiencies related to the code or the required findings. This is essential because appeals are limited to matters contained within the official record.

Required findings are the standards the City uses to evaluate an application and make a decision.

Before approving or denying a project, the City must determine whether the proposal meets these standards based on the information in the official record. The findings explain how the project complies with City Code and other applicable requirements.

Design Review findings are outlined in Section 8-6B-3(E), Required Findings.

Minor Land Division findings are outlined in Section 8-5C-6(C), Standards.

How to Participate in the Public Hearing Application proccess

Projects such as Title 8 Code Amendments, Comprehensive Plan Amendments, Conditional Use Permits, Planned Unit Developments, Specific Area Plans, Subdivisions, Variances, Zoning Map Amendments are reviewed through a public hearing process.

Before submitting an application, the applicant must hold a neighborhood meeting. The applicant invites nearby residents to participate by mailing notices to property owners and residents within a 300-foot radius.

The purpose of this meeting is to present the project, explain how community members can participate in the process, outline the public's rights to comment on or appeal the application, and provide an opportunity for questions and feedback.

Written comments and exhibits shall be submitted at least 9 working days prior to the date of the public hearing. This timeframe allows staff to incorporate comments into the record, staff report, and draft potential decisions, and to provide the record to decision-makers in a timely manner. In cases of significant public comment, this timeframe may be extended. If comments are submitted after the deadline, the person may read their comments into the record during the public hearing, provided they can do so within the allotted time.

You can fill out the Public Comment From or send comments to Development Services, 6015 N Glenwood St, Garden City, ID 83714-1347.

To be included in the official record, your comment must:

Comments shall include the submitter’s:
- Full name,
- Address, and
- Signature.
Comments shall be in writing and may include exhibits.
Written comments must address the issue at hand. Matters outside of the subject application cannot be considered.
Written comments and exhibits shall be submitted at least 9 working days prior to the date of the public hearing.

All submitted comments will be posted online so you can verify they have been received.

Required findings are the standards the City uses to evaluate an application and make a decision.

Conditional Use Permits findings are outlined in Section 8-6B-2(D), Required Findings.

Development Code Amendments findings are outlined in Section 8-6B-5(D), Required Findings.

Planned Unit Developments findings are outlined in Section 8-6B-7(G), Required Findings.

Specific Area Plans findings are outlined in Section 8-6B-6(E), Required Findings.

Subdivisions findings are outlined in Section 8-5B-5, Required Findings.

Variances findings are outlined in Section 8-6B-9(E), Required Findings.

Zoning Map Amendments findings are outlined in Section 8-6B-10(F), Required Findings.

How to become an Interested Party

To receive updates about a specific application, you need to become an Interested Party.

If you fill out the Public Comment Form, it already includes a question asking whether you would like to become an Interested Party. If you do not wish to provide a public comment, you may skip the section of the form requesting comments and simply provide your details to register as an Interested Party.

If you plan to submit your comments by mail instead, you must state that you would like to become an Interested Party and provide your email address.

Important

You must provide a valid email address and monitor it regularly to receive updates.

Interested Parties will be notified by email of:

Any revisions to the application
The final decision
A description of the appeal process

Community members are encouraged to participate and provide input.

How to Appeal a Decision

Appeals are limited to matters contained in the official record. Anyone affected by the project, as determined by LLUPA, may appeal the application.
Must be submitted within 15 calendar days of the decision.

The appellant shall submit a written appeal that includes:

A clear statement of the alleged error(s) in the decision
Citation to applicable code provisions supporting the claim
Specific citations to the record (including page numbers)
Proposed alternative findings
Please find the Appeal Form at the following link

The City notifies the appellant and applicant, if different.
A respondent, if any, may submit a written response within a timeframe designated by staff (typically within two weeks of the notification).
The appellant may submit a rebuttal within a timeframe designated by staff (typically within two weeks of the response)
Staff reviews the submissions for timeliness and ensures no new evidence is introduced.
Staff prepares a procedural memorandum
An appeal hearing is scheduled and notice is provided. The city will also notify interested parties via email of the appeal, although they will not be able to provide evidence or testimony unless they are the appellant, applicant, or property owner.

Abuse of Discretion Standard of Review: The review standard is limited to whether there is an error in the decision.
Closed record: No new evidence or testimony is permitted.

The appeal body deliberates only on matters within the record.
No oral argument is permitted by parties, unless stipulated to by all parties
Appellant(s) and respondent(s) are to be present to respond to questions if requested.

Decisions shall be based on the criteria for appeals and reconsiderations in GCC Table 8-6A-3.

If an appeal and Council-initiated review apply to the same application:

The matters shall be heard together.
The process will follow Council-initiated review procedures.
Appeal materials (including responses and rebuttals) are incorporated into the record.

Citizen Participation Guide