Idaho State Bar CLE "Real Estate Development Fundamentals: How to Build Rome, Described in One Day"

1. Zoning and Entitlement Review

2. Overview
• What is the Process?
• Steps before 1st client
meeting.
• Creation of timeline.
• Importance of
neighborhood
meeting.
• Public hearing tips.

3. Zoning Entitlements
• What can be built as a
right on property
based upon the
current government
regulations.
– Zoning code
– Comprehensive Plan
– Other regulations

4. Client Meeting
• Target property
location?
• What is intended use?
• Land use map versus
zoning map.
• Review zoning code.
• Review process within
particular jurisdiction.

5. Land Use Map

6. Zoning Map

7. Creation of Timeline
• Schedule all important
submission dates.
• Coordinate submission
dates with
development team.
– Architects
– Surveyors
– Traffic Engineers

8. GARDEN CITY CUP PROCESS
OUTLINE
•
Conditional Use Permit Process Outline
•
The Conditional Use Permit 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 Ada County to acquire this list (287-7200).
Some other important bits of information:
The cost of the Conditional Use Permit application is $546.
Conditional Use Permit applications typically go through a pre-application meeting with various reviewers associated
with the City (including the Fire Dept., Environmental Dept., Public Works Dept., and Building Dept.). We can schedule
this at your earliest convenience. Meetings are offered every Wednesday from 10 a.m. to noon at City Hall. Please call
or email to schedule.
A Fire Flow and Ability to Serve Letter are required for all Conditional Use Permit applications (see attached forms).
The cost for these is $174.20.
An analysis of the existing building will need to be submitted via a Commercial Building Permit to determine what
improvements, if any will be required, prior to occupancy.
All Conditional Use Permit applications must post signage on site 10 days in advance of the Planning and Zoning
Commission hearing at which they will be heard (I’ve attached information on this as well).
Because you are undergoing the Conditional Use Permit Application process, you may be subject to bringing this
property up to various standards, including the potential installation of sidewalks and landscaping. I recommend
contacting the Ada County Highway District to see what they may require in terms of street/sidewalk improvements
(387-6174) and impact fees.
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9. Calendar of Critical Dates

10. Calendar of Critical Dates

11. Neighborhood Meeting
• Mandatory in some
jurisdictions.
• If not mandatory
should I hold a
neighborhood
meeting?
– Project support
– Project opposition

12. Public Hearing Tips
• Understand the
process.
– Who can testify?
– How long is testimony
allowed?
– Do I need to establish a
record?
– What are my appeal
rights?

13. Public Hearing Tips
• Staff Report
– Commission knowledge
• Address concerns
raised at
neighborhood
meeting.
• Ask project supporters
to attend and testify.
• Be courteous to staff.