SAP Public Hearing Info from Garden City

The following information was sent via email on April 15, 2023 to interested parties from Garden City. Please note, this information could change. Keep up-to-date by regularly visiting this website and/or the Garden City website.

We need to fill the room at the upcoming SAP public hearings (April 27 at 5:30pm and May 22 at 6:00pm) with concerned homeowners. Please join us! Together we can make an impact.


This email is to provide you with some information to navigate the upcoming public hearing process for the Specific Area Plan application SAPFY2023-0001.

ANTICIPATED HEARING DATES

The Planning and Zoning Commission will hear this matter on Thursday, April 27, 2023, at 5:30 pm.  If a decision is rendered the City Council will hear the matter on Monday, May 22, 2023, at 6:00 pm.  If the Planning and Zoning Commission continues the hearing it will likely be continued to a date certain of Wednesday, May 17, 2023, at 6:30 pm. A continuance would result in the City Council hearing being continued to a likely date of Monday, June 12, 2023, at 6:00 pm.

The hearings will be in the Council Chambers at Garden City Hall, 6015 Glenwood Street, in Garden City.

PARKING

There is limited parking available.  If you can carpool or arrive to city hall in an alternative method of transportation it is recommended to do so.

HEARING BACKGROUND

The application will be heard at quasi-judicial hearings.  This means that a hearing body will seek to determine facts about a particular issue, in this instance application SAPFY2023-0001,  and apply the standards of adopted ordinances to the application.  The hearing functions similar to a court proceeding. It is requested that individuals do not speak unless called upon to do so. 

The order of the hearing generally is as follows, however, please note that it is within the Chairman/ Mayor’s discretion to change the order of the hearing:

  1. The Chairman/ Mayor introduces the application.

  2. The applicant presents the application.

  3. Staff provides a report.

  4. Public provides testimony.

  5. The applicant may make a rebuttal.

  6. The public hearing is closed.

  7. The hearing body deliberates the item on record.

  8. A recommendation or decision is rendered.

  9. Anyone who wishes to seek judicial review must request a reconsideration of the final City Council decision within 14 days of the decision.  A reconsideration must be in writing and identify deficiencies in the decision.   

MATERIALS FOR THE RECORD

All materials, documents, photos, exhibits, and visual presentations need to be submitted seven days in advance of the hearing.  Due to the volume, and staffing capacities, we respectfully request that you submit earlier than seven days prior to hearing to ensure that we can provide the information to the hearing body in a timely manner to be considered as a part of the record.

ADVANCED SIGN UP

For this application we are expecting a great deal of public interest.  If you wish to pre-sign up to testify, please fill out this sign-up form and submit it to planning@gardencityidaho.org.  Those who sign up more than 48 hours ahead of time will be called on to testify first.

SPOKESPERSON SIGN-UP

If you are wishing to have a spokesperson speak on your behalf, make sure that they have submitted the spokesperson sign-in to planning@gardencityidaho.org.  Please find the linked Spokesperson Sign-Up form.

SEATING

To expedite the hearing, there will be reserved seating for those who are next to testify.  Please do not sit in these seats unless your name has been called to queue for testimony.  If you have been called on, please move to the reserved seats to reduce delays.

ROLE OF APPLICANT

The role of the applicant is to provide facts to assist in the understanding of their application and demonstrate compliance with the code.

ROLE OF PUBLIC

The role of the public is to provide written or oral testimony to supplement the facts in the record.

ROLE OF STAFF

The role of staff is to distill the application request and associated record.  The role of staff is also to provide an analysis of which regulations apply to the application and if the application conforms to applicable legal regulations.

ROLE OF PLANNING AND ZONING COMMISSION

The Planning and Zoning Commission is an unpaid volunteer board of experts from the Garden City community who will provide a recommendation to the City Council.   Their recommendation will be based on objective information within the record and how the application conforms to or conflicts with regulations.  They cannot consider subjective matters, matters which are not a part of the record, or legal matters that are beyond their authority.  Their recommendations will be adherent to information in the record and the legal parameters that they are bound by.  Their recommendation is not a reflection of their personal taste or opinions.  It is often said that part of being on a Planning and Zoning Commission may entail having to approve an application that one is not fond of or deny an application that one is fond of. 

ROLE OF CITY COUNCIL 

The City Council will hold a hearing after the Planning and Zoning Commission’s recommendation.  They are bound by the same parameters as the Planning and Zoning Commission.  Their decision will be based on objective information within the record and how the application conforms or conflicts with Garden City Code.  

AUDIO VISUAL

The official meeting is the in-person meeting at City Hall.  The city offers the ability to participate remotely, see link: How to Attend a Public Meeting.

The audio-visual equipment in the Council Chambers has unexpectedly stopped functioning.  The city is in the process of installing new equipment and is hopeful that it will be functional by April 27, 2023.  However, as this is an emergency replacement of equipment, there is no guarantee that it will be fully functional by the date of the hearing.  Please note that if the option for remote attendance is not functioning, the in-person hearing will continue.

End of email.

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A Response to the SAP Applicant’s Letter