Zoning and entitlement review - Spink butler LLP
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Zoning and entitlement review - Spink butler LLP

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

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

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  • 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. • • • • • • •
  • 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.