Development Code Amendment Process

The Development Code Amendment application is the procedure in which to amend the Development Code for Garden City, Title 8.  This amendment must be done in accordance with Garden City Code, 8-6A and 8-6B-5.

Step 1: Pre-Application:

A pre-application conference with the planning official is required, by code, prior to submittal.  Please contact building@gardencityidaho.org to set up a preapplication meeting.

Step 2: Prior to Application Submittal to the City:

The process begins with a Neighborhood Meeting. The Neighborhood Meeting involves inviting those who may be affected 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. Changes to the code affect the entire city.  Therefore, alternative forms of noticing can be utilized per Garden City Code 8-6A-7. 

Alternative noticing includes:

  1. Posting notice in three conspicuous locations within the city;
  2. Making the notice available to all forms of media for use as a public service announcement; and
  3. Providing a paid advertisement of at least a 2”X4” size in the Idaho Statesman all at least 15 days prior to the meeting. 

Verification of this meeting and the noticing 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 (including media contacts); and
  2. A copy of the notice with verification of size of notice and location it was posted (if alternative noticing is utilized); and
  3. A copy of the Idaho Statesman advertisement; and
  4. The notice that was sent; and
  5. The duration that someone was present (we ask that you stay for a minimum of 30 minutes in case someone is running late); and
  6. 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 3 Apply:

The required application forms can be found here: Code Amendment Application.  The application includes required application documentation that must be submitted prior to the City accepting the application.

The cost of the application is $1050 +$53/page.

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.  Please note that application materials must be submitted either in person or to building@gardencityidaho.org to be considered formally submitted. 

Step 4 Between Submitting the Application and the Hearings:

With Code Amendment requests, we find that it is extremely helpful to have work sessions with the recommending and decision-making bodies, particularly if there is a new concept or considerable change being proposed.

Once you have submitted, and it is determined that your application is complete, you will receive an acceptance letter that includes your work session and hearing dates.  The dates will be determined based on code and noticing requirements as well as reasonable staff workloads.  We will make every effort to be as expeditious as possible in processing your application.

Once the application is accepted, 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 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 around 14 days in advance of the hearing so that you can provide feedback.  Please provide feedback within 5 working days.  Please also note that not all comments may be included at that time.

 

Step 5 The Hearings

The Planning and Zoning Commission and the Design Review Committee are recommending bodies to the City Council.  The Planning and Zoning Commission meet the third Wednesday of every month at 6:30 pm.  The Design Review Committee meet the first and third Mondays of the month at 3:00pm.  The City Council meets the second and forth Mondays of the month at 6:00pm. A list of the potential hearing dates are found at the link: 

Hearing Schedules and Fees

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

  1. You will present the application to the board.  You may prepare a presentation if you like, but it is not required.  The board may ask you questions about your proposal.
  2. Garden City Staff will present the staff report
  3. Public testimony will be taken.
  4. You will have an opportunity to rebut any public testimony.
  5. The board will deliberate and make a recommendation/decision.

For more information, please find the link: How to attend a public meeting

 

Step 6 After the hearing:

A written decision will be provided to the applicant.  If the changes are approved, once the ordinance is published, it becomes effective.