Citizen Comment Opposing the SAP Proposal
Below is the second letter Ron Bush, a concerned Garden City citizen, hand-delivered to Garden City, which states reasons for his opposition to Lincoln Property’s SAP proposal. To read the letter and all attachments, click here.
Ronald E. Bush
Homeowner in the Plantation subdivisions
Garden City, ID
HAND-DELIVERED TO CITY HALL
Mayor John Evans
Council President James Page
Councilmember Teresa Jorgensen
Councilmember Russ Heller
Councilmember Bill Jacobs
Chairman Kent Rasmussen
Vice-chairman Kent Brown
Commissioner Ryan Montoya
Commissioner Steve Shepard
Commissioner Matthew Wilde
Ms. Lisa Leiby
City Clerk
Garden City
6015 Glenwood St.
Garden City, ID 83714
Re: Citizen comment in opposition to SAP Application of Lincoln Property Company — SAPFY2023-0001
Dear Mayor, Madam Clerk, Councilmembers and Commissioners:
This letter accompanies a “statement of opposition” (“Statement”) to the development application referenced above, which I will refer to as the “River Club Development” or simply, the “Development.” I am a homeowner in the Plantation subdivisions and reside in Garden City.
Much of what I describe in this letter and in the Statement is based upon documents I obtained from the City in response to a public records request. A copy of that request also accompanies this letter.
My opposition is based in part upon questions as to whether the owner (or owners) of the property are prevented from developing the property because of constraints and prohibitions contained in the Master Declaration of covenants and restrictions applicable to all lots in the Plantation neighborhoods.* The Master Declaration is a contract. The golf course property is a “lot” subject to those limitations, and therefore the owner of the golf course property is subject to those limitations, as are other property owners. Among those limitations are (1) prohibitions upon further subdivision of any lot and (2) prohibitions upon commercial use of any lot (not including the golf course clubhouse and pro shop). The golf course owner’s property rights are constrained and limited not only by the zoning ordinances applicable to the property, but also by the Master Declaration contract, in the same way property owners are in other subdivisions. The developer contends that it is not seeking to create a subdivision and has carefully avoided any use or reference to the word “subdivide” or “subdivision,” or even the word “lot” in its application (and the proposed, specially customized, SAP ordinance). The very fact of such contortions highlights the seriousness of the question as to whether the applicant has the right to do any development at all. Moreover, the “minor land division” argument is contradicted by the golf course owner’s prior actions in filing an application for a three-lot subdivision, named “Glass Island Subdivision,” between Gramarcy Lane and Plantation River Drive. It has been marketed — unimproved — for $2,000,000.
My Statement also focuses upon the City’s Comprehensive Plan and relevant zoning ordinances to rebut factual claims made in the Application and to describe facts and issues which are not contained or otherwise addressed in the Application.
I respectfully request that the SAP application be denied. Alternatively, I urge that the application — with its shape-shifting request for a shape-shifting zoning district — be returned to the drawing board. There should be full public participation in consideration of the proposal, in the manner that the City of Boise has done with its Harris Ranch and Syringa Valley developments and that the City of Nampa has done with its Highway 16 Specific Area Plan. Please require that the owners of the golf course fully reveal themselves, and require that they make known “who” the owners would be if the application were to be approved. Require that the owners and the developers defend their proposal in full light, with sufficient time for all interested people to see, consider and exercise their constitutional right to speak and write to the decision makers about the proposal, whatever their position might be. Finally, and importantly, taking those steps will help ensure that you have sufficient time to become familiar with the facts, to understand the legal issues and to obtain as much information as possible from the competing points of view, with sufficient time and knowledge to make a considered decision.
Your public service is appreciated, more than I can say.
Most sincerely,
Ronald E. Bush
*There are important unanswered questions about the ownership of the golf course property, particularly as the nature of the ownership and who will own what if the River Club Development SAP were to be approved by the City. The details of those questions are described in my earlier comments to the City about what the public records reveal concerning the golf course ownership, located beginning at page 24 of the “February 1 - 28” public comments section of the City’s online development services file for the application.
To read the letter and all attachments, click here.