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CC - Hearing Process Letter to Appellants Charlene Way From:Chris Johnson Sent:Tuesday, July 13, 2021 8:16 AM To:City Clerk Subject:City Council Review Hearing Process July 13, 2021 To: Appellants – Robert Black (Land Baron/Villasport, individually), Jon & Cherie Hoeger and Michael & Cherilyn Kynaston (Jointly); Applicant – Brian Tsai (The Oasis); Joe Dodson, Associate Planner; Bill Parsons, Planning Supervisor; Bill Nary, City Attorney; Cameron Arial, Community Development Director; Adrienne Weatherly, Deputy City Clerk From: Chris Johnson, City Clerk Re: City Council Review Public Hearings CR-2021-0004 and CR-2021-0005 Good morning. As this is a unique situation, in that we have two requests for Council Review regarding the same conditional use permit approved by the Planning and Zoning Commission, this email is being transmitted to all parties in order to explain the order and method in which City Council will hear the requests.  Legal Staff will advise the Mayor and Council, as well as the public of the process for the evening and the decision that would be made by the City Council, and the basis of a trial de novo  Planning Staff will then advise the City Council on the original application (CUP-2021-0004) that was before the Planning and Zoning Commission and their decision  The Mayor and City Council can agree to combine the two hearings into one hearing  Appellants Black (CR-2021-0004) and Hoeger and Kynaston (CR-2021-0005) have a combined 30 minutes to present their case on why the application should be denied. The parties will need to identify how much time each party needs within the 30 minutes. If they cannot agree they each (Black) and (Hoeger/Kynaston) get 15 minutes per each appeal  Applicant Tsai gets 30 minutes to present his project to the Mayor and Council and rebut all of the appellant arguments  Public Testimony (3 minutes per person/10 minutes for an HOA representative) will be taken  Applicant Tsai gets 15 minutes (total) of rebuttal after public testimony  Appellants get 15 minutes (total) after public testimony and Applicant rebuttal. This time is shared between parties  During all testimony, parties should direct comments and questions to City Council through the Mayor and not direct comments and questions to another party 1  The Mayor and City Council may ask additional questions of any party prior to closing the public hearing  The public hearing is closed, and no further testimony is heard, unless the hearing is reopened by the City Council  The City Council may render a decision, or determine that a continuance is necessary and set the hearing(s) to a future date If any party has a presentation (slide shows, handouts, etc.) they should be submitted to the City Clerk prior to the beginning of the meeting. If a party is bringing a physical handout, they should bring 12 copies. Digital presentations should be hand-delivered to the clerk on a flash drive, or emailed to cityclerk@meridiancity.org prior to 4:00 pm the day of the hearing(s). The full meeting agenda will be posted to the city website no later than 5:00 pm on Friday, July 16, but likely by end of business Wednesday, July 14. At this time, there are four public hearings scheduled for the Regular Meeting. The requests for City Council Review will most likely be the last items on the agenda. However, the earlier hearings will likely be short (based on previous hearings of the same item in previous years). Additional questions about procedure should be directed by email to the City Attorney and the City Clerk. Please email both parties with any general questions. Thank you, Chris Johnson, M.Ed., IdCMC City Clerk | City of Meridian 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208.888.4433|Email: cjohnson@meridiancity.org All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. 2