Conditional use · Planning application
Daycare, bar among new uses approved on 4-acre commercial site
Approved April 15, 2026, the uses include a commercial entertainment facility, a child daycare center, a full-service drinking establishment and a tobacco entertainment establishment. Drinking and tobacco venues must close 2 a.m. to 6 a.m.
From the filing
The application's description as it appears in City of Garden City's record. See the official record
The applicant is asking for one conditional use permit covering the existing commercial spaces at 521 E 41st Street, so a range of businesses such as restaurants, entertainment and similar uses could move in and out without a new permit each time a tenant changes. The site is a 4.023-acre part of a mixed-use development that already includes an apartment building, and the applicant has not proposed any exterior work. Staff supports the flexibility only as long as site conditions stay unchanged, and the Planning and Zoning Commission hearing was scheduled for April 15, 2026.
Julie Miller with Studio H Architects is requesting a Conditional Use Permit to encompass future uses in an effort to expedite tenant occupancy at 521 E. 41st St.; Ada County Parcel #R2734520791, located in the C-2 Mixed Use Commercial Zoning District with a Development Agreement.
Timeline
April 15, 2026
Approved
Garden City Planning and Zoning Commission: Approved. Decision signed May 20, 2026.
April 15, 2026
Public hearing: Garden City Planning and Zoning Commission
Documents
Staff reports
- Download Staff report for conditional use permit, flex commercial use
Garden City planning staff report for the April 15, 2026 Planning and Zoning Commission hearing, with recommendation summary and code review.
April 14, 2026 · 20 pages · 1.2 MB · Staff Report
Decisions
- Download Amended findings of fact, conclusions of law and decision
Amended Garden City Planning and Zoning Commission decision on a conditional use permit, following an April 15, 2026 hearing, with findings on zoning, flood hazard and applicable code standards.
May 19, 2026 · 12 pages · 214 KB · Decision
- Download Staff request to clarify conditional use permit decision
Development Services staff asks the Planning and Zoning Commission to clarify its April 2026 approval so the decision lists the requested conditional uses rather than by-right uses.
May 19, 2026 · 1 page · 302 KB
- Download Findings of fact, conclusions of law and decision
Planning and Zoning Commission decision on a conditional use permit for a 4.023-acre commercial and multifamily property, with findings on zoning, flood hazard and applicable code standards.
April 14, 2026 · 16 pages · 296 KB · Decision
Notices
- Download Affidavit of property posting for public hearing
Notarized affidavit attesting that the property was posted for a public hearing at least ten days before the hearing, with a sign posting photo page attached.
Yesterday · 2 pages · 2.7 MB · Notice
Application
- Download Conditional use permit application form and checklist
Application form for a conditional use permit covering future allowed uses, with applicant, property, and required submittal checklist items.
Yesterday · 13 pages · 12.1 MB · Application packet
Correspondence
- Download City engineer comments
The city engineer's review found no comments on the conditional use permit, since the request only changes the use of the existing building without altering its footprint.
March 26, 2026 · 1 page · 176 KB · Agency comment
- Download DEQ agency comment letter on air quality and dust
Idaho DEQ letter covering air quality rules on fugitive dust, trade waste burning, and permit applicability, and recommending a dust control plan before final plat approval.
March 23, 2026 · 4 pages · 719 KB · Agency comment
- Download Idaho Transportation Department comments
The Idaho Transportation Department's District 3 office reported no comments or concerns, stating the application does not meet thresholds for a Traffic Impact Study.
March 17, 2026 · 5 pages · 329 KB · Agency comment
