HomeMy WebLinkAbout2004-03-301.
2.
3.
4.
5.
6.
7.
I
CITY OF MERIDIAN
CITY COUNCIL
AND
PLANNING & ZONING COMMISSION
JOINT WORKSHOP / SPECIAL MEETING
AGENDA
Tuesday, March 30, 2004, at 6:00 p.m.
Meridian Police Station Conference Room
1401 East Watertower, Meridian, ID
Roll -call:
X Shaun Wardle Bill Nary
Charlie2ountree Keith Bird
�C Mayor Tammy de Weerd
X David Zaremba David Moe
Wendy ewton-Huckabay Michael Rohm
_X Chairman Keith Borup artvvea, c.7 6.1Ig v,
Introductions:
Presentation of Meridian Development Corporation Annual Report for
2003 FY: �. ,�� �6
Discussion of Public Hearing Procedures: c0%jctsj=ed
Discussion of Presentation Procedures:
Discussion of General /Miscellaneous Agenda Item:
Discussion of Roles and Responsibilities (City Council, P & Z
Commission, Staff):`f
Meridian City Council and Planning & Zoning Commission Joint Workshop 1 Special Meeting Agenda
March 30, 2004 - Page 1 of 9
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City
Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
2003 Annual Report
Meridian Development Corporation (MDC)
City of Meridian Urban Renewal Agency
An urban renewal agency is required under Idaho Urban Renewal Law to file with the
local governing body, on or before March 31 of each year, a report of its activities for the
preceding calendar year. The report is to include a complete financial statement, setting
forth its revenues and expenses at the end of the calendar year. The fiscal year for the
urban renewal agency, the City of Meridian and most other political subdivisions in the
State of Idaho runs from October 1 through September 30. Consequently, the attached
financial statement is for the period ending September 30, 2003. This represents a
complete financial statement for fiscal year 2003.
Also attached as Appendix A, is an excerpt from the independent auditors' report for the
City of Meridian (pages 12-15). The Meridian Development Corporation is reported in
the audit as a "Component Unit" of the City and tracked as a separate column in the
associated spreadsheets.
MDC activities during the year 2003 built on the foundation of the urban renewal plan
adoption during the prior year. Many of the MDC activities focused on building a vision
and market strategy, design standards, and other formative elements that provide the
framework for redevelopment. Following is a summary of the major events and activities
of the MDC.
In January, 2003, MDC Chairman Jim Johnson resigned from the board. New officers
were elected, including Craig Slocum as Chairman, Clair Bowman as Vice -Chair,
Clarence Jones as Secretary, and Stacy Kilchenmann (ex -officio) as Treasurer.
Additional board members included Linda Rupe and City Council representatives
Tanury de Weerd and Keith Bird. In May, new member Jonathan Cecil was appointed to
fill Mr. Johnson's seat. Later, in November, Tammy de Weerd was elected as Mayor of
Meridian and was subsequently replaced by Councilman Charles Rountree.
In February, 2003, the MDC sponsored a stakeholders' workshop to discuss the draft
design standards for downtown. Over 40 participants were invited to represent different
interests, including developers, potential project owners, architects, real estate
professionals, downtown business owners and residents, historical organizations, other
public agencies, planners, and MDC Board members. A summary of the results of the
workshop, showing the top concerns/issues and solutions is attached as Appendix B.
Following the workshop, a subset of interested participants formed a steering committee
to refine the design standards and met several times over the spring and summer to create
a final draft of the standards. The final draft was then sent to the entire participant list for
review.
In April, 2003, the MDC held a workshop to establish its priorities for the near future.
The workshop participants discussed what needs to be done, roles/who will do it,
s
timeline, and potential costs to MDC. The top priorities, in descending order, were:
Market studies, supporting a new City Hall, railroad right-of-way acquisition, downtown
traffic circulation, and parking studies. Details of the workshop results are attached as
Appendix C.
A committee was formed to work on the top priority identified—a market study of the
downtown area. Over the summer of 2003, a Request For Proposals (RFP) was prepared,
advertised, and interviews were held with four different applicants from across the West.
In September, the MDC board ratified the recommendation of the selection committee by
passing Resolution 03-009, selecting The Hudson Company to prepare the Market
Strategy for downtown Meridian. Charts summarizing the scope of work and consultant
deliverables are included as Appendix D.
The market strategy work began in earnest in October with over 30 in-depth interviews
with downtown property owners and other stakeholders. Public presentations were then
held in November detailing market research findings, demographics, and interview
results. Direct mailings were sent to every property owner in the urban renewal area,
inviting them to the meeting. Similar presentations have continued into the current
calendar year. Updates have been given to City Council during Pre -Council workshops
along every step of the process. Completion of the process is anticipated in Spring 2004.
In August, 2003, the MDC held a Budget Hearing in compliance with state law for the
upcoming fiscal year. The budget was published on July 21 and August 4, and approved
during a public hearing on August 13. The resolution approving the budget is number 03-
008.
There are also several ongoing efforts of the MDC, with subcommittees chaired by
members of the board. Such efforts include a new website for the MDC, gateway
signage and enhancements, tax increment financing (TIF) fund participation policies,
executive director job description, and a fagade improvement grant/loan program.
For more information on the goals and activities of the MDC, please visit our website at
www.meridiandevelopmenteorp.com.
Appendix A
Fiscal Year 2003 Financial Statement
and
Excerpt from City of Meridian Audit
2
O O O �
O O O O
0 0 0 -
O O "3'1
N
4 O 41 v)
O O V V
O O N N
O O W] w)
O d It d'
O N N
O 7 lz�
O O
O O N N
CD Q Ln V)
0 o rr <r
O �
V` I'
0 0 0 0
d o a a
O O O O
O O
d d
O O
V' et
a
v
N
E"
U p
a �
c. c L1
0
C7 Cl A �
p O
v �
O, d- d d h d o w V'
�� w o +n C1 0 0 la n
00 a C,d r o 0 o a o
a, rn v o �� o o d• m
�o cq O O O N O d d W)
N G? N 0 0 0 0 0 0 0 O
N 000
O1 171c�+)� O I% 0 0 0 0 oo0
7 N N N N Un N -+ N
oa O d d N d d d V'y ai
n n o do C o Q oro c
cn
N
,t M O O O N O O O h cA
l- O N Cl G O G C O p1 p+.
cn N O O N 66 m 00 cV
i� m O O
O Lri
N C, b
N
O o 0 0 0 0 0 0 0 0 0
O O O O G O O O 4 4 O
O O O O O O O O O O O
O O O O O O O O O O O
O d d d Ci V'1 d vl v1 cn P
Vl M W N V b tn N c`t O
[Y
4
ASSETS
CURRENT ASSETS
Cash and cash equivalents
Investments
Receivables
Accounts (net of $28,154 allowance
CITY OF MERIDIAN, IDAHO
STATEMENT OF NET ASSETS
September 30, 2003
Primary Government
Governmental Business -type Component
Activities Activities Total Unit
$ 1,384,212
11,079,325
for entezpnse fund uncollectibles)
311,744
Property taxes
7,154,165
Assessments
_
Due from other governmental units
680,239
Interest
44,241
Prepaids
9,396
TOTAL CURRENT ASSETS
20,663,322
NONCURRENT ASSETS
Restricted cash and cash equivalents
512,730
Restricted investments
2,451,573
Capital assets
Land, infzastructure, and othez assets not
$ 2,471,378 $ 3,855,590 $ 27,276
36,278,994 47,358,319 -
1,392,749
1,704,493 -
-
7,154,165 -
6,164
6,164 -
-
680,239 -
173,016
217,257 _
891
10,287 10,371
40,323,192
60,986,514 37,647
- 512,730
2,451,573
epreciated 7,636,947 3,601,549 11,238,496 _
Buildings, improvements and equipment,
net of depreciation 10,557,881 67,555,411 78,113,292 _
TOTAL ASSETS $ 41,822,453 $ 111,480,152 $153,302,605 $ -37,647
See accompanying notes
-12-
CITY OF MERIDIAN, IDAHO
STATEMENT OF NET ASSETS (Continued)
September 30, 2003
Primary Government
Governmental Business -type
Activities Activities Total
LIA$II,ITIES AND NET ASSETS
CURRENT LIABILITIES
Accounts payable
Accrued payroll and taxes
Accrued vacation, current portion
Interest payable -
Deferred revenue
Customer deposits
Capital leases - current portion
TOTAL CURRENT LIABILITIES
NONCURRENT LIABILITIES
Accrued vacation - less current portion
Capital leases - less current portion
TOTAL LIABILITIES
NET ASSETS
S 547,400
$ 1,012,670
$ 1,560,070
362,563
139,321
501,884
39,649
9,741
49,390
44,267
-
44,267
7,017,396
-
7,017,396.
138,309
159,200
^ 297,509
360,000
-
360,000
8,509,584
1,320,932
9,830,516
356,839
87,672
444,5,11
2,960,000
-
2,960,000
11, 826,423
1,408, 604
13,235,027
Component
Unit
$ 11,365
11,365
11,365
Invested in capital assets, net of related debt
14,874,828
71,156,960 86,031,788 -
Restricted for:
Park improvements
979,169
- 979,169 -
Capital improvements
2,510,327
- 2,510,327 -
Police'center debt service
400,947
- 400,947 -
Unrestricted
11,230,759
38,914,588 50,145,347 26,282
TOTAL NET ASSETS
29,996,030
110,071,548 140,067,578 26,282
TOTAL LIABILITIES AND NET ASSETS S 41,822,453 $ 11 1,480,152 $ 153,302,605 $ 37,647
See accompanying notes
-13-
CITY OF MERIDIAN, IDAHO
STATEMENT OF ACTIVITIES
Year Ended September 30, 2003
Program Revenues
_
_
Operating
Capital
Charges for
Grants and
Grants and
Functions/Programs
Expenses Services
Contributions
Contributions
PRIMARY GOVERNMENT
GOVERNMENTAL. ACTIVITIES
,j
General government
Administration
$ 2,142,079 $ 224,684
$ -
$ 33,800
Public safety
Law Enforcement
4,482,470 491,445
14,940
11500
Fire Department
2,450,270 635,578
-
1,000 ;
Parks and Recreation
852,761 66,429
-
644,024
Community Planning and Development
1,662,207 2,444,619
-
228,391
Interest on long-term debt
151,050 -
-
-
TOTAL GOVERNMENTAL
ACTIVITIES
11,740,837 3,862,755
14,940
908,715 1
BUSINESS -TYPE ACTIVITIES
Water and wastewater
7,236,564 8,137,676
4,075,519
6,761,326 l
TOTAL, BUSINESS -TYPE
ACTIVITIES
7,236,564 8,137,676
4,075,519
6,761,326
TOTAL PRIMARY GOVERNMENT
$ 18,977,401 $ 12,000,431
$ 4,090,459
$ 7,670,041
COMPONENT UNIT
Downtown development
$ 13,494 $ -
$ 40,425
$
General revenues
Shared revenues
Property taxes, levied for general
purposes
Franchise fees
Sales tax and other governmental
Unrestricted investment earnings
Net increase (decrease) in fair value of investments
Miscellaneous
Gain (loss) on sale of fixed assets
Transfers - internal activities
TOTAL GENERAL REVENUES AND TRANSFERS '.
CHANGE IN NET ASSETS
NET ASSETS - BEGINNING
7.I
NET ASSETS - ENDING.: ` ' ,
See accompanying
notes
i
_Net (Expense)
Revenue and Changes in Net Assets
Primary Government
Governmental
Business -type
Component
Activities
Activities
Total
Unit
$ (1,883,595)
$ -
$ (1,883,595) $
-
(3,974,585)
-
(3,974,585)
_
(1,813,692)
-
(1,813,692)
_
(142,308)
=
(142,308)
1,010,803
1,010,803
_
(151,050)
-
(151,050)
_
(6,954,427)
-
(6,954,427)
-
-
11,737,957
11,737,957
-
-
11,737,957
11,737,957
-
(6,954,427)
11,737,957
4,783,530
_
26,931
6,088,008
-
6,088,008
-
610,892
-
610,892
_
1,875,184
-
1,875,184
_
443,132
1,205,773
1,648,905
-
(19,690)
(134,938)
(154,628)
_
46,656
28,275
74,931
-
j
48,759
10,606
59,365
�t
303,014
(303,014)
=
9,395,955
806,702
10,202,657
-
2,441,528
12,544,659
14,986,187
26,931
27,554,502
97,526,889
125,081,391
(649)
$ 29,996,030
$110,071,548
$140,067,578 $
26,282
i
See accompanying notes
Appendix B
Downtown Design Standards
Core Area Workshop
February 13, 2003
Ton Concerns/Issues
1. Parking How do we get enough?
2. Attracting people downtown need emotional attachment and other reasons to
come. Historic mix: Do the standards accommodate a variety of uses?
3. Review process to approve projects: new vs. renovations,
4. Need flexibility—Too specific on certain elements—FAR, parapets, height
variation, etc. Consider proportions vs. dimensions. Define "historic character".
5. How does the area around the core relate to the core?
6. Public education—enhance the standards with pictures, illustrations, etc. Meet
with property owners.
Tan Solutions
1. Parking:
• Prepare a Downtown Parking Plan: current supply/demand vs. long term
• Access parking from the alleys
• Have on -street parking throughout downtown.; look for areas to have
diagonal parking
• Encourage transit
• Have pedestrian pathways at mid -block for good connectivity
• Designate handicap parking spaces
• Have fees for parking
2, Attracting People:
• Need .mixed uses: retail, office, residential., etc.
• Be sure standards accommodate a variety of uses and not just a single user
• Design transit into the space
• Encourage a variety of activities on the sidewalks
• Provide for flexibility and variation
• Facilitate a developer's dreams, don't just restrict them
3. Review Process:
• Eliminate the required CUP process
• Designate permitted uses, as well as prohibited uses (Le. warehousing)
• May need a board or design review committee to consider projects—
especially if the standards include flexible guidelines.
Need illustrations in the standards
4_ Flexibility:
• Identify existing historic structures to pattern after
• Include, lots of photos and illustrations that depict the theme
5. Around the Core:
• Need to respond to existing conditions
• Allow surface parking today, build up as area densifies
6. Public Education:
Add graphics to the standards
Do outreach on downtown issues through water bills, etc.
Schools, civic groups; chamber of com "ecce, etc. presentations
Appendix C
MDC Next Steps & Priorities
Workshop Results
April 22, 2003
The MDC held a special workshop on April 22, 2003 to prioritize the next steps for the
agency, discuss what needs to be done for each item, make assignments, set a timeline
and discuss potential costs. Below is a summary of the results of the workshop, in
general order with the highest priorities first.
1. Economic Feasibility/Market Studies: There are 3 studies mentioned in the
Meridian Revitalization Plan needed to Build on the original study, done for the Pl=
a. Market Study: The first is a market study that identifies the sales leakage
from the area, identifies the trade area, identifies the consumers who shop
in the area, and identifies downtown's strengths and weaknesses.
b. Socio Economic Analysis: The second study is a socio economic analysis
that evaluates the demographic profile of the people who shop downtown
and compares them to the larger population.
c. Implementation Plan: A third study relates to the implementation plans,
prepares a downtown inventory of existing structures and evaluates the
displacement of business and people resultingfrom the new investment
What needs to be done: The market study needs to establish a strong vision for the
downtown. What is the identity that we are trying to build? What segments
of the locaVregional market are currently underserved that can be exploited
downtown? Who are the customers? What is our trade area? What are the
strengths and weaknesses of downtown; and what are our opportunities and
constraints?
The socio-economic analysis is ' a broader look specifically at the customers,
Who currently shops downtown and why?, Who else could we attract if we
had additional services? What types of businesses have offices? Who lives in
the downtown? What are needs and wants of those customers and how can we
better fill those needs? This study could be viewed as a major subcomponent
of the larger market study, as the results of the socio-economic study will play
a significant role in shaping the identity and opportunities of the area for the
market study.
The implementation plan will be an ongoing inventory of downtown
businesses, square footage, and vacancy rates. It answers the question of who
is in downtown, where they are, how much space is filled, and what is
available.
General comments about marketing downtown included:
• Downtown should be marketed as a single entity (similar to a mall) and not
piecemeal.
• Involve the Meridian Merchants Association (MNiA) and Chamber, of
Commerce (COC) in the marketing efforts_
Who will do it: The studies will be done by a consultant(s). To hire a consultant, a
Request for Proposals (RFP) first needs to be prepared. Linda, Clair and
Steve offered to work together to prepare the RFP, with input from David
Eberle.
Timeline: Unspecified, but this was the top priority for the MDC board and should
happen soon.
Potential Costs to MDC: The market study could easily cost around $45,000. A very
targeted market study could be as low as $20,000. Demographic information
gathered for the market study could be used in the socio-economic analysis.
The Socio-economic analysis will be cheaper if we can do local user surveys
instead of a phone survey. The database for the implementation plan could
run around $10-12,000. A GIS database is more costly up front, but more
useful in the long run. Some of the costs could be diffused by teaming with
the MNL4 and COC. Volunteers from both groups could potentially be used
to gather data for the implementation plan, conduct user surveys, etc.
2. New City Hall Bonding: The Meridian Revitalization Plan (The Plan) envisions
using the AMC as a financing conduit for a new City Hall. The plan assumes a
contractual relationship between the City and the 11 MC to issue bonds in FY 2005.
No flax Increment Financing (7YF) funds are currently dedicated to financing City
Hall, though the Plan does state that if additional TlFfunds are available, the AMC
may contribute directly.
What needs to be done: The bonding process needs to the investigated early on in
,preparation for the future City Hall., The City Hall is currently envisioned as a
$13-15,000,000 structure with three stories.'and ground floor retail/business
uses. We need to assemble a team to investigate the various bonding options,
including:
• City election
• MDC conduit financing (similar to Ada Co. Courthouse)
• State of Idaho Bond program
• Other options
The team will also document the needs driving the new City Hall, i.e.
outgrown existing facilities, etc. We need to be sure that the new City Hall is
factored into the Market Study.
Who will do it: City Council will take the lead, with representation from the MDC.
Team members include Tammy de Weerd, Keith Bird, Craig Slocum, Clarence Jones,
and Rich Allison.
Timeline: Undefined.
Potential Costs for MDC: None identified.
3. Railroad •Right-of-way: Acquisition of UPRR right-of-way in the downtown area
has been an ongoing topic of discussion for the MDC, and should not be lost. We
should stay informed on the issue through periodic updates from Clair Bowman
and/or ValleyRide.
What needs to be done: The Compass -Board has made the UPRR right-of-wdy
acquisition their #1 priority for congressional discretionary funding and have
organized a lobbying group to work on the issue. We need to contact our
congressmen and Elizabeth Criner (Veritas Advisors) to lend support and
stress the importance of this issue.
Who will do it: Clair Bowman has already sent out talking points on the subject to
the MDC Board members and Mayor Carrie. Clair and Steve will work to
prepare letters for the MDC board and the Mayor and City Council on the
subject. The MDC Board members, Mayor Corrie, and Council members
should contact the transportation staff members and contacts identified by
Clair. The Mayor and Council should also speak directly to the ValleyRide
board regarding title to the 20 -acre parcel if and when they take ownership of
it.
Timeline: The talking points and congressional staff contacts have already been sent.
Steve and Clair will work to have the letters drafted prior to the next meetings
of the MDC and City Council. The next opportunity for the Mayor and
Council to address the Valleyride board is July 16 at 2:30 PM. ValleyRide
staff has requested that any handouts related to the issue be delivered prior to
July 8 for inclusion in the board packets.
Potential Costs for MDC: None identified.
4. Traffic Circulation: Ihis is, at least in part, the one-way couplet debate. It
continues to come up—especially since it was brought back to the forefront by the
recent Waltman Lane project proposed by Mark Canfield One of the roles of the
MDC mentioned in the Plan is to address, traffic issues in the urban renewal area.
What needs to be done: Several thoughts arose on this issue—many separate, but all
related, including:
• Do traffic studies and surveys of businesses
• Get the right-of-way and pavement now, regardless of the ultimate_ pattern
{
• Work with the various agencies, especially ACRD
• Figure out a solution to the Waltman Lane` intersection
• Separate users—through traffic vs_ downtown destination traffic
• Need a strong vision for downtown
• Two--way/Couplet is too contentious to bring to the forefront now
• Two-way/Couplet is too important not to address it now
• Set the MDC vision now
o On -street parking everywhere downtown, regardless of pattern
o Upgrade Meridian Road
• Include an Origin/Destination study component in the Market Study to
provide data for the discussion
• Investigate E. 3rd Street as a potential through -connection
• Appoint a committee to work on the issue
Who will do it: The committee was not established, but Linda Rupe, Clarence Jones,
and Tammy de Weerd have all expressed interest in the past.
Timeline: A timeline was not set, but I got the sense that the committee 'would not be
established until after the Market Study was done, and the vision set. The
Market Study would be used first, with an origin/destination component, to
provide input and data into the discussion. In the meantime, the MDC board
would support City Council approaching ACRD on the issues that have
widespread agreement, including on -street parking in old- town, upgrading
Meridian Road with wider paved width and sidewalks, and getting proper
right -of. -way and paved areas throughout Old • Town—regardless of the
ultimate one-way/two-way configuration.
Potential Costs for MDC: None specifically identified. There will be a cost for
including the originidestination study into the Market Study.
5. Parking Structure/Studies: It is assumed that the Al DC will fund the construction
of a 250 -stall parking structure in FY 2006. Cost is approximately $3, 000, 000.
While we are not ready to begin design of the structure, parking continues to come up
as a significant downtown issue. There is work that could he done this year on a
parking study of existing conditions—supply & demand Max Clark, with CCDC, has
helped arrange a meeting -with their parking consultant to help define a scope of work
and hudget for such a study.
What needs to be done: We need to gather baseline data—where are we today? How
many parking spaces are currently available in Old Town? How many are
filled and where? What is the current supply and demand for parking spaces?
Is there an existing parking availability problem? There is software available
through Carl Walker Associates that ties potential uses to parking supply and
demand. We may want to acquire this software.
Who will do it: Dennis Burns, with Carl Walker Associates, net with Craig Slocum,
Ryan Armbruster and Steve Siddoway on 4/18103. Dennis has prepared a
draft scope of work and a proposed contract as a result of our meeting_ The
scope of work and contract was emailed to all workshop .participants Iast week
for review and discussion.To keep costs down, the proposal is to have MDC
provide the resources (i.e. volunteers) to conduct the actual parking counts.
Timeline: No timeline was set at the workshop. However, I sensed (and correct me.if
I'm wrong) that the general feeling was that this study is important, but should
not interfere with the Market Study because the Market Study is a higher
priority. Given that, we may want to wait until after a contract is finalized for
the Market Study and then check our remaining funds.
Potential Costs for MDC: From the CWI proposal: "We propose to provide the
scope of services noted above on a Fred Fee Basis of $3,500, plus authorized
reimbursable expenses, estimated at $900." (Total = $4,400).
[Note:, The current remaining budget for MDC. is $32,700. As noted earlier,
the Market Study could vary greatly from $20,OQO to $45,000+ depending on
the breadth of the final scope of work. One option would be to fund the
parking study now and adjust the market study scope of work to match the
available funds. Another option would be to work out the market study first
and then see if there is enough remaining budget to fund the parking study.]
The workshop ended after discussing the parking study. The following five items will
be discussed at the next regular MDC meeting, May 14 7:30 AM at City Hall. Given the
lower priority of some of these items, the discussion is likely to go faster.
6. Design Standards
7_ Facade &.Streetscape Improvement Program
S. Hire a Director
9. Incentives and Land Acquisition
10. Gateway and Infrastructure Improvements
Attachment D
Market Strategy Scope of Work
NOTE: E: = = Planned 51te visit by Consulting Team
MONTH
Phase Task
1
12
13
14
15
6
1 Data Collection, Analysis & Interpretation
1 Initial Data Collection Research & Interviews
a Finalize Contract
b Kick-off Meeting with Client Team
C Onsite Market Research
d Inteviews: Two Staff Over Two Days, Each Meet with 32 (aD 45 Minutes
e Socio-economic, Market & Physical Data Collection, Analysis
f Collect Examples of Successful, Analogous Development
g Outline Major Alternatives in Market Development
h Prepare Physical & Market Profile of Revitalization Area
i Team meeting to Review Findings, Alternatives, Progress
2 Presentation on Market Data & Findings for Landowners
a Prepare 35 Copies of Summary Handout
b Conduct Presentation on Alternative "Ends" & Futures of Downtown
11 Definition of Markets; Preparation of Draft Strategy
3 Preparation of Draft Market Strategy
a Refine Market Approaches into Formal Market Strategy
+ Define Primary and Secondary Markets
=�
+ Identify 1 st Year Tactics & 5-10 Year Programming
® b Conduct Brainstormina Workshop on Means to Attain Tarqeted Future Downto
n
C Re-evaluate Vacant and Under-utilized Land
d Evaluate local land use regulatory structure
e Identify Strategic Investment Opportunities to Attract Targeted Development
f Develop Target Business/industry Mix Details
4 Meeting with Landowners: Present Strategic Focus; Seek Feedback
a Prepare 35 Copies of Summary Handout
® b Conduct Presentation
III Prepare f=inal Market Analysis and Market' Strategy Report
5 Prepare Final Market Analysis and Market Strategy Report
® 6 Submit Final. Report.
NOTE: E: = = Planned 51te visit by Consulting Team
ConsaItant Deliverables
Deliverables
1 Regional Physical and Market Profile Analysis Report; Executive Summary
2 Summary of Citizen Interviews: Insights, Trends, Opportunities, Challenges
From 32 Citizen Interviews to be Arranged by Client
3 Regional Overview of Competitive Urban Centers, f=ocusing on:
Retail, Housing, Professional Services; Culture, Mixed Use
4 PowerPoint Presentation on Major Alternative Futures of Downtown Meridian (For Task 2b)
Will Include Samples of Similar Downtowns' Sufccesses in Development
5 Market Development Strategy, Powerpoint Presentation:
Will include:
Recommendations for Target Markets & Key Development Goals For Subdistricts
Definition of Primary and Secondary Markets
Market Development Strategy
Presentation for Task 3b
6 Market Development Action Plan: Steps, headers, Partners, Timeline & Key Tools
Will Include:
Identification of 1st Year Tactics & 5-10 Year Programming
Evaluation of Vacant and Under-utilized Land
Potential Resources to Support Implementation, Especially Public Investment
PowerPoint Overview of the Action Plan
Note, Draft Format of Report:
Executive Summary
Downtown Development Vision (General & By Subdistrict)
Market Opportunities Overview
(Quarttitive.Projections; Density Expectations by Use and Subdistricts)
Downtown Market Development Strategy
Includes Target Business & Industry Mix Recommendations
Includes Strategic Land Investment/Development Opportunities
Downtown Market Development Action & Work Plan
(Who, What, When, Where, How)
' . Brief Overview of Priorities for Regulatory Structure Refinement
Potential Resources to Support Implementation
Appendices as Appropriate
I/
f
17 '.
*IX"'
MAYOR
r Iq...
_ '"?�. _
CITY OF1�' �•.°--'
LEGAL DEPARTMENT
(208) 466-9272 • FAX 466-4405
Tammy de Weerd
PARKS & RECREATION
CITY COUNCIL MEMBERS
CAW�YIG�1�1?��`
(208) 888-3579 • Fax 898-5501
Shaun Wardle
IaANQ
PUBLIC WORKS
(208) 898-5500 • Fax 887-1297
William L. M. Nary
y�c
��
BUILDING
Charles M. Rountree
sti li /ter Y
REASURE Vn+
DEPARTMENT
(208) 887-2211 • Fax 887-1297
Keith Bird
1.9 o3
PLANNING &ZONING
(208) 884-5533 • Fax 888-6854
NOTICE OF SPECIAL JOINT WORKSHOP
MERIDIAN CITY COUNCIL
MERIDIAN PLANNING AND ZONING COMMISSION
NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian
and the Meridian Planning and Zoning Commission will hold a Special Joint
Workshop at the Meridian Police Department, 1401 East Watertower, Meridian,
Idaho, on Tuesday, March 30, 2004 at 6:00 p.m. The Meridian City Council and
the Meridian Planning and Zoning Commission will be discussing the following
items:
Presentation of Meridian Development Corporation Annual Report
for 2003 FY
M Discussion of Public Hearing Procedures
Discussion of Presentation Procedures
Discussion of General/ Miscellaneous Agenda Item
Discussion of Roles and Responsibilities (City Council, P&Z
Commission, Staff}
Irr��`
Of ���C1blic is welcome to attend.
DbER his 2 t'' day of March, 2004.
o
A Lj I Aik-,, - rf'n �
� .QC- -r(n
WILLIAM G. BERG, JR. - CIfY CLERK
33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433
City Clerk Office Fax (208) 888-4218 • Human Resources Fax (208) 884-8723 • Finance & Utility Billing Fax (208) 887-4813
Page 1 Ot !
Will Berg
From: Anna Powell [powelia@meddiancity.org]
Sent: Thursday, March 25, 2004 5:49 PM
To: William Nary; Will Berg; 'Tammy de Weerd'; 'Sill
Cc: 'Peggy Gardner'
Subject: Materials for Joint Hearing
1 have prepared the following materials for the Joint City Council and Planning and Zoning Commission hearing. You have
seen most of the materials already. There are two new items, "Abbreviated Hearing Materials" and "Generic Motions."
I am out of the office on Monday and Tuesday. I will be back prior to the meeting on Tuesday.
If you have comments, please get them to me by Friday afternoon. (Sorry for the short notice.) I will send out any edits on
Friday at 4:15. If you need changes made on Monday or Tuesday, I will CC Peggy so that she has the files. (Hope that is
OK, Peggy.)
Anna Borchers PoweA AICP
City ofMen&an Planning Director
660 E. IVatertomer Lane, Suite 202
Meridian, ID 83642
(208) 884-5533 phone
(208) 888-6854 facsimile
poxella@meridiandiy.org e-mail
3/26/2004
PLANNING AND ZONING COMMISSION OPENING REMARKS BY CHAIR
Good evening ladies and gentlemen. This is the time and place for the Meridian City's regularly
scheduled Planning and Zoning Commission meeting. The Commission primarily makes
recommendations to the City Council regarding annexations, rezones, conditional uses, planned
developments, and amendments to the City zoning ordinances and comprehensive plans. With
regard to subdivision preliminary plats, if we vote to deny a preliminary plat, that decision is
final. It is not forwarded to the City Council. Finally, we also hear appeals on the actions of the
Planning Director.
This Commission uses an abbreviated hearing agenda. Items where the applicant is in agreement
with the City planning staff's recommendations, and there is no adverse public testimony, may
be placed on the abbreviated hearing agenda. Items placed on the abbreviated hearing agenda
will be approved as a block without further public input. Items on tonight's regular agenda that
are not moved to the abbreviated hearing agenda or deferred will be heard in the order reflected
on the regular agenda, which is posted in the lobby.
This Commission will not begin a new hearing after midnight. This means that the Commission
may not be able to hear items placed at the end of the regular agenda. At or before 10:00 p.m.,
the Commission will determine what items will be deferred to a later hearing.
In order to conduct this hearing in an orderly manner, I will recognize anyone wishing to speak
or testify. We take word-for-word minutes of the proceedings, and the typist must be able to
identify who is speaking.
Hearings will begin with a brief presentation by staff. The applicant is then allowed up to fifteen
(15) minutes to make a presentation. The Commission will usually reserve its questions until the
staff and applicant have finished their presentations.
We will then take public testimony. We begin with the individuals whose names appear on the
sign-up sheet which is located on the table at the back of the room and then proceed with other
members of the public who wish to be heard. You have only one opportunity to provide
testimony. Prior to beginning your testimony, please state your name, spell your last name, and
state your address. Testimony of individuals is limited to three (3) minutes. An individual
appearing on behalf of a homeowner's association will be allowed up to half the time used by the
applicant.
We do use a timer. When you hear the bell, your allotted time is up. At the conclusion of the
public testimony, the Commission will have an opportunity to ask questions directed to the staff
or the applicant and the staff will be given an opportunity to make any final remarks. The
applicant will be allowed five (5) minutes of rebuttal after which the Commission will close
public testimony, deliberate, and render a decision.
ABBREVIATED HEARJNG AGENDA
We will now determine which items will be placed on our abbreviated hearing agenda. I will go
through the agenda items which no-one signed up to testify against.
(File #) is a (read project description)
■ Is the applicant or their representative here tonight? Are you in agreement with the
conditions of approval listed in the staff report? Let the record show that the applicant
responded in the affirmative.
® Is any member of the public here to testify against this project? If so, please raise your
hand. Seeing none, this project is a candidate for an abbreviated hearing.
(Move on to the next file until done.)
The abbreviated hearing agenda now contains the following items: (list). I will now entertain a
motion from the Commission/Council.
USE OF PRESENTATION MATERIALS
Any documents, photographs, charts, drawings, etc. which are used in the public hearing must be
submitted for the record and will be kept by the City Clerk.
We recommend the following presentation options:
® The overhead projector will accommodate smaller exhibits (up to 10" x 14") and will
display color photographs or drawings.
® You may also ask staff to display an image from the staff presentation.
® You may e-mail an electronic file to staff at least one day prior to the hearing. Staff can
then incorporate this file into their PowerPoint Presentation.
® Staff can run a PowerPoint Presentation for you. Please bring a CD of your presentation
and a paper copy for the Clerk's Office. We are currently using PowerPoint 2002.
® We discourage the use of large presentation boards because they are not easily visible to
the public or decision makers. If you choose this option, you must bring two boards. One
board shall face the decision makers; the other shall face the public audience. Again, this
option is highly discouraged.
There is a laser pointer at the podium for your use. There is also a microphone to the left of the
podium near the projector screen.
GET INVOLVED!
You have received notice from the City of Meridian that they will conduct a public hearing on a
decision that may impact your property. The hearing process is designed to alert City leaders to
public concerns. We encourage you to attend this public hearing.
At the hearing you will have the opportunity to: 1) listen, 2) ask questions and/or 3) testify either
in favor or opposition to the project. If you decide to ask questions or testify, you will have three
minutes to do so. Don't worry if you're not a great speaker just come and express your opinion
and concerns. If you follow the points below, you can organize your ideas and enhance your
testimony.
Be Prompt. Although your item of concern may be late on the agenda, it is important to be at the
meeting when it begins. If no-one is there to oppose a project, it may be placed on an abbreviated
hearing agenda and passed at the beginning of the meeting.
Remember your objective. Your goal is to persuade the decision makers to decide in favor of
your side of an issue. Angering, alienating or antagonizing the decision makers will not help
your cause. The best way to present your ideas is with testimony that is clear and informed.
Show your Strength. Many groups organize their testimony by having one person speak on
behalf of the group. If you are appearing on behalf of a group, you may be allowed up to half the
time used by the applicant in their presentation. (This means you may have up to a maximum of
fifteen minutes.) The group speaker should ask permission to have those in the audience
supporting the testimony to stand; this conveys the extent of public concern with the issue.
Speak to the Point. Public officials have heard testimony from hundreds of people. They're
grateful when testimony is pertinent, well organized and directly relates to the matter at hand.
Long stories, lectures on philosophy or abstract complaints are usually a poor use of your time.
Be sure to include your recommendations for resolving the situation; don't leave officials
guessing what it was you want them to do.
Be Informed. Your testimony gains credibility if it is well researched. Get a copy of the staff
report (or the plan, proposed ordinance or other available pertinent materials) for the project, and
read it before planning your testimony. If you have questions or need clarification on an issue,
contact the Planning & Zoning Department at (208) 884-5533 and ask to speak with the planner
working on the project.
Be heard. Testimony can be either presented orally or in writing. Each method is given attention
by officials. Written testimony has no length limitations, so you can explain your concerns or
recommendations in detail. Oral testimony presented at the hearing has time limitations, so that
everyone concerned has a chance to speak. Orally presenting the main points and submitting the
details in writing is a particularly effective method of testimony.
Be reasonable
Public officials must balance the views, interests and proposals of all parties involved, and then
find the best course for serving the overall public good. While it is your obligation to present
your own interests, remember that you have legitimate competition. Be prepared to occasionally
compromise.
GENERIC MOTIONS FOR PLANNING AND ZONING COMMISSION
Please note that italicized text is optional where the Planning and Zoning Commission
wishes to make changes to the Conditions of Approval. Text in (parentheses) is specific
information that needs to be included in the motion.
Close the Public Rearing
I move to close the public hearing on items (File #), (File #), and (File #).
Continue the Public Rearing
I move to continue the public hearing on items (File #), (File #), and (File #) to (date
certain).
Recommend Approval
I move to recommend approval to the City Council of File Number (File #) as presented
in the staff report dated (date) and the (site or plat) dated (date) with the following
modifications to the Conditions: (add any proposed modifications
Recommend Denial
I move to recommend denial to the City Council of File Number (File #) as presented in
the staff report dated (date) and the site plan dated (date) for the following reasons: (You
must state specific reasons for denial. They should address how the applicant might re -do
the application to gain your recommendation for approval.)
Approve (Accessory Use Permit Only)
I move to approve File Number (File #) as presented on the site plan. dated (date) AND
direct staff to prepare findings for approval for (date of next scheduled meeting) with the
following modifications to the Conditions of approval: (add any proposed modifications)
Deny (Preliminary Plat Only)
I move to deny (File #) as presented in the staff report dated (date) and on the preliminary
plat dated (date) for the following reasons: (You must state specific reasons for denial.
They should address how the applicant might re -do the application to gain your
approval.) AND I move to direct staff to prepare findings for (date of next scheduled
meeting) that reflect the public testimony and Commissioner comments presented this
evening.
Adjourn
I move we get the #@$A out of here.
PLANNING AND ZONING COMMISSION OPENING REMARKS BY CHAIR
Good evening ladies and gentlemen. This is the time and place for the Meridian City's regularly
scheduled. Planning and Zoning Commission meeting. The Commission primarily issues
recommendations to the City Council regarding annexations, rezones, conditional uses, planned
developments, and amendments to the City zoning ordinances and comprehensive plans. With
regard to subdivision preliminary plats, if we vote to deny a preliminaryplat, that decision is
final. It is not forwarded to the City Council. Finally, we also hear appeals on the actions of the
Planning Director.
This Commission uses an abbreviated hearing agenda. Items where the applicant is in agreement
with the City planning staff s recommendations, and there is no adverse public testimony, may
be placed on the abbreviated hearing agenda. Items placed on the abbreviated hearing agenda
will be approved as a block without further public input. Items on tonight's regular agenda that
are not moved to the abbreviated hearing agenda or deferred will be heard in the order reflected
on the regular agenda, which is posted in the lobby.
This Commission will not begin a new hearing after midnight. This means that the Commission
may not be able to hear items placed at the end of the regular agenda. At or before 10:00 p.m.,
the Commission will determine what items will be deferred to a later hearing.
In order to conduct this hearing in an orderly manner, I will recognize anyone wishing to speak
or testify. We take word-for-word minutes of the proceedings, and the typist must be able to
identify who is speaking.
Hearings will begin with a brief presentation by staff. The applicant is then allowed up to fifteen
(15) minutes to make a presentation. The Commission will usually reserve its questions until the
staff and applicant have finished their presentations.
We will then take public testimony. We begin with the individuals whose names appear on the
sign-up sheet which is located on the table at the back of the room and then proceed with other
members of the public who wish to be heard. You have only one opportunity to provide
testimony. Prior to beginning your testimony, please state your name, spell your last name, and
state your address. Testimony of individuals is limited to three (3) minutes. An individual
appearing on behalf of a homeowner's association will be allowed up to half the time used by the
applicant.
We do use a timer. When, you hear the bell, your allotted time is up. At the conclusion of the
public testimony, the Commission will have an opportunity to ask questions directed to the staff
or the applicant and the staff will be given an'opportunity to make any final remarks. The
applicant will be allowed five (5) minutes of rebuttal after which the Commission will close
public testimony, deliberate, and render a decision.
ABBREVIATED HEARING AGENDA
We will now determine which items will be placed on our abbreviated hearing agenda. I will go
through the agenda items which no-one signed up to testify against.
(File#) is a (read project description)
•Is the applicant or their representative here tonight? Are you in agreement with the
conditions of approval listed in the staff report? Let the record show that the applicant
responded in the affirmative.
• Is any member of the public here to testify against this project? If so, please raise your
hand. Seeing none, this project is a candidate for an abbreviated hearing.
(Move on to the next file until done.)
The abbreviated hearing agenda now contains the following items: (list). I will now entertain a
motion from the Commission/Council.
USE OF PRESENTATION MATERIALS
Any documents, photographs, charts, drawings, etc. which are used in the public hearing must be
submitted for the record and will be kept by the City Clerk.
We recommend the following presentation options:
■ The overhead projector will accommodate smaller exhibits (up to 10" x 14") and will
display color photographs or drawings.
• You may also ask staff to display an image from the staff presentation.
• You may e-mail an electronic file to staff at least one day prior to the hearing. Staff can
then incorporate this file into their PowerPoint Presentation.
• Staff can run a PowerPoint Presentation for you. Please bring a CD of your presentation
and a paper copy for the Clerk's Office. We are currently using PowerPoint 2002.
• We discourage the use of large presentation boards because they are not easily visible to
the public or decision makers. If you choose this option, you must bring two boards. One
board shall face the decision makers; the other shall face the public audience. Again, this
option is highly discouraged.
There is a laser pointer at the podium for your use. There is also a microphone to the left of the
podium near the projector screen.
GENERIC MOTIONS FOR PLANNING AND ZONING COMMISSION
Please note that italicized text is optional where the Planning and Zoning Commission
wishes to make changes to the Conditions of Approval. Text in (parentheses) is specific
information that needs to be included in the motion.
Close the Public Hearing
I move to close the public hearing on items (File #), (File #), and (File #}.
Continue the Public Hearing
I move to continue the public hearing on items (File #), (File #), and (File #) to (date
certain).
Recommend Approval
I move to recommend approval to the City Council of File Number (File #) as presented
in the staff report dated (date) and the site Ian or P lat dated (date) with the following
modifications to the Conditions: (add any proposed modifications)
Recommend Denial
I move to recommend denial to the City Council of File Number (File #) as presented in
the staff report dated (date) and the site plan dated (date) for the following reasons: (You
must state specific reasons for denial. They should address how the applicant might re -do
the application to gain your recommendation for approval.)
Approve (Accessory Use Permit Only)
I move to approve File Number (File #) as presented on the site plan dated (date) AND
direct staff to prepare findings for approval for (date of next scheduled meeting) with the
following modifications to the Conditions of approval: (add any proposed modifications)
Deny (Preliminary Plat Only)
I move to deny (File #) as presented in the staff report dated (date) and on the preliminary
plat dated (date) for the following reasons: (You must state specific reasons for denial.
They should address how the applicant might re -do the application to gain your
approval.) AND I move to direct staff to prepare findings for (date of next scheduled
meeting) that reflect the public testimony and Commissioner comments presented this
evening.
Adjourn
I move we get the #@$^ out of here.
GET INVOLVED!
You have received notice from the City of Meridian that they will conduct a public hearing on a
decision that may impact your property. The hearing process is designed to alert City leaders to
public concerns. We encourage you to attend this public hearing.
At the hearing you will have the opportunity to: 1) listen, 2) ask questions and/or 3) testify either
in favor or opposition to the project. If you decide to ask questions or testify, you will have three
minutes to do so. Don't worry if you're not a great speaker just come and express your opinion
and concerns. If you follow the points below, you can organize your ideas and enhance your,
testimony.
Be Prompt. Although your item of concern may be late on the agenda, it is important to be at the
meeting when it begins. If no-one is there to oppose a project, it may be placed on an abbreviated
hearing agenda and passed at the beginning of the meeting.
Remember your objective. Your goal is to persuade the decision makers to decide in favor of
your side of an issue. Angering, alienating or antagonizing the decision makers will not help
your cause. The best way to present your ideas is with testimony that is clear and informed.
Show your Strength. Many groups organize their testimony by having one person speak on
behalf of the group. If you are appearing on behalf of a group, you may be allowed up to half the
time used by the applicant in their presentation. (This means you may have up to a maximum of
fifteen minutes.) The group speaker should ask permission to have those in the audience
supporting the testimony to stand; this conveys the extent of public concern with the issue.
Speak to the Point. Public officials have heard testimony from hundreds of people. They're
grateful when testimony is pertinent, well organized and directly relates to the matter at hand.
Long stories, lectures on philosophy or abstract complaints are usually a poor use of your time.
Be sure to include your recommendations for resolving the situation; don't leave officials
guessing what it was you want them to do.
Be Informed. Your testimony gains credibility if it is well researched. Get a copy of the staff
report (or the plan, proposed ordinance or other available pertinent materials) for the project, and
read it before planning your testimony. If you have questions or need clarification on an issue,
contact the Planning & Zoning Department at (208) 8845533 and ask to speak with the planner
working on the project.
Be heard. Testimony can be either presented orally or in writing. Each method is given attention
by officials. Written testimony has no length limitations, so you can explain your concerns or
recommendations in detail. Oral testimony presented at the hearing has time limitations, so that
everyone concerned has a chance to speak. Orally presenting the main points and submitting the
details in writing is a particularly effective method of testimony.
Be reasonable
Public officials must balance the views, interests and proposals of all parties involved, and then
find the best course for serving the overall public good. While it is your obligation to present
your own interests, remember that you have legitimate competition. Be prepared to occasionally
compromise.
9
Will Beg
From: William Nary [Wnary@cityofboise.org]
Sent: Wednesday, March 17, 2004 2:35 PM
To: deweerdt c@meddiancity.org; siddowas@meridiancity.org
Cc: bergw@meridiancity_org
Subject: RE: MDC 2003 Annual Report
I was not anticipating a "pre -council" on the 30th since we are having a
workshop type meeting with the P&Z Commissioners. I don't have a
problem with this being a first agenda item. I agree this could be a
good opportunity for an update to the Commissioners as well.
As a side note I may not be available until 7:00 or so that day due to
a Boise City council meeting issue that I may need to attend, were we
starting earlier than 7:00?
>>> "Steve Siddoway" <siddowas@meridiancity.org> 03/17 8:23 AM >>>
I'll be out of town on a backpack trip on the 23rd, but I could do it
the
following week, on the 30th. That would be just prior to the joint
Council/P&Z meeting -will you be having a Pre -Council meeting that week?
Or,
I suppose we could make it a short part of the joint meeting agenda.
I'm
sure the P&Z Commission would appreciate the update, too. (?)
Steve
Steve Siddoway
Principal Planner
Meridian Planning & Zoning
660 E. Watertower Lane, Suite 202
Meridian, Idaho 83642
Phone 208.884.5533
Fax 208.888.6854
-----Original Message -----
From: Tammy de Weerd [mailto:deweerdt@meridiancity.org]
Sent: Tuesday, March 16, 2004 11:29 PM
To: 'Steve Siddoway'
Cc: Bill Nary; Will Berg
Subject: RE: MDC 2003 Annual Report
Can we get this scheduled on the 23rd? Thanks, t.
1
Tammy de Weerd, Mayor
City of Meridian
www.meridiaacity.org
(208) 888-4433 ext. 204
(208) 888-4218 fax
-----Original Message -----
From: Steve Siddoway[mailto:siddowas@meridiancity.org]
Sent: Tuesday, March 16, 2004 3:57 PM
To: Tammy de Weerd
Subject: FW: MDC 2003 Annual Report
Mayor,
Attached is the annual report of the MDC for the year 2003. The MDC
is
required by state law to submit a copy of the annual report to the
City
prior to March 31st. 2 have submitted it to the Clerk's office and
I'm
coordinating with them to get a public notice published in the
newspaper in
compliance with state law.
If you would Like, I can review the highlights of the report with the
City
Council at a Pre -Council meeting. You and Councilmen Bird and Rountree
are
already familiar with, most of the activities of the MDC over the past
year.
But, Councilmen Nary and Wardle may appreciate the update. Let me know
what
you think. I could also use the opportunity to update the Council on
the
status of the downtown design standards.
Steve
Steve Siddoway
Principal Planner
Meridian Planning & Zoning
660 E. Watertower Lane, Suite 202
2
0
Meridian, Idaho 83642
Phone 20B.884.5533
Fax 208.888.6854
-----Original Message -------
From: Steve Siddoway[mailto:siddowas@meridiancity.org]
Sent: Tuesday, March 16, 2004 3:46 PM
To: 'Jessica Johnson'
Cc: 'Will Berg'; 'Tara Green'; 'Graig Slocum'; 'Clair Bowman'; Ryan P.
Armbruster (rpa@elamburke.com)
Subject: MDC 2003 Annual Report
Jessica,
Per our phone conversation, attached is the annual report of the MDC
for the
year 2003. The MDC is required by state law to submit a copy of the
annual
report to the City prior to March 31st. Similar to last year, please
publish notice in the newspaper that the report has been filed and is
available for public viewing at the City Clerk's office. Call me if
you
have any questions.
Steve
Steve Siddoway
Principal Planner
Meridian Planning & Zoning
660 E. Watertower Lane, Suite 202
Meridian, Idaho 83642
Phone 208.884.5533
Fax 208.8B8.6854
3
Page 1 of 2
f r
Will Berg
From: Steve Siddoway
Sent: Wednesday, March 17, 2004 8:24 AM
To: Tammy de Weerd'
Cc: 'Bill Nary'; 'Will Berg'
Subject: RE: MDC 2003 Annual Report
I'll be out of town on a backpack trip on the 231d, but I could do it the following week, on the 30th. That would be
just prior to the joint Council/P&Z meeting ---will you be having a Pre -Council meeting that week? Or, I suppose
we could make it a short part of the joint meeting agenda. I'm sure the P&Z Commission would appreciate the
update, too. (?)
Steve
Steve Siddoway
Principal Planner
Meridian Planning & Zoning
660 E. Watertower Lane, Suite 202
Meridian, Idaho 83642
Phone 208.884.5533
Fax 208.888.6854
-----Original Message -----
From: Tammy de Weerd [mailto:deweerdt@meridiancity.org]
Sent: Tuesday, March 16, 200411:29 PM
To: 'Steve Siddoway'
Cc: Bill Nary; Will Berg
Subject: RE: MDC 2003 Annual Report
Can we get this scheduled on the 23rd? Thanks, t.
Tammy de Weerd, Mayor
City of Meridian
www.meridiancity.org
(208) 888-4433 ext. 204
(208) 888-4218 fax
-----Original Message -----
From: Steve Siddoway[mailto:siddowas@meridiancity.org]
Sent: Tuesday, March 16, 2004 3:57 PM
To: Tammy de Weerd
Subject: FW: MDC 2003 Annual Report
Mayor,
Attached is the annual report of the MDC for the year 2003. The MDC is required by state law to
submit a copy of the annual report to the City prior to March 31 st. I have submitted it to the
Clerk's office and I'm coordinating with them to get a public notice published in the newspaper in
compliance with state law.
If you would like, I can review the highlights of the report with the City Council at a Pre -Council
meeting. You and Councilmen Bird and Rountree are already familiar with most of the activities
of the MDC over the past year. But, Councilmen Nary and Wardle may appreciate the update.
Let me know what you think. I could also use the opportunity to update the Council on the status
of the downtown design standards.
3/17/2004
Page 2 of 2
Steve
-----------------------------------
Steve Siddoway
Principal Planner
Meridian Planning & Zoning
660 E. Watertower Lane, Suite 202
Meridian, Idaho 83642
Phone 208.884.5533
Fax 208.888.6854
-----Original Message -----
From: Steve Siddoway (maiito:siddowas@meridiancity.org]
Sent. Tuesday, March 16, 2004 3:46 PM
To: 'Jessica Johnson'
Cc: 'Will Berg'; Tara Green'; 'Craig Slocum'; 'Clair Bowman'; Ryan P. Armbruster
(rpa@eiamburke.com)
Subject: MDC 2003 Annual Report
Jessica,
Per our phone conversation, attached is the annual report of the MDC for the year 2003. The
MDC is required by state law to submit a copy of the annual report to the City priorto March 31 se
Similar to last year, please publish notice in the newspaper that the report has been filed and is
available for public viewing at the City Clerk's office. Call me if you have any questions.
Steve
Steve Siddoway
Principal Planner
Meridian Planning & Zoning
660 E_ Watertower Lane, Suite 202
Meridian, Idaho 83642
Phone 208.884.5533
Fax 208.888.6854
3/1.7/2004
f.
From: Tammy de Weerd
Sent: Wednesday, March 17, 2004 2:47 PM
To: 'William Nary; Tammy de Weerd; 'siddowas@meridiancity.org'
Cc: Will Berg
Subject: RE: MDC 2003 Annual Report
We were going to begin at 6:00 p.m. to have a chance to 'break bread' with the
Commissioners. It would be appropriate to begin with Steve's presentation, first with
design standards and second with the MDC report.
I realize, Bill, that you may not be there at the beginning, however, you have the most
information about the procedural aspects of our meeting process(es). What are your
thoughts?
Tammy de Weerd, Mayor
City of Meridian
www.meridiancity.org
(208) 888--4433 ext. 204
(208) 888-4218 fax
-----Original Message -----
From: William Nary [mailto:Wnary@cityofboise.org]
Sent: Wednesday, March 17, 2004 2:35 PM
To: Tammy de Weerd; siddowas@meridiancity.org
Cc: Will Berg
Subject: RE: MDC 2003 Annual Report
I was not anticipating a "pre -council" on the 30th since we are having a
workshop type meeting with the P&Z Commissioners. I don't have a
problem with this being a first agenda item. I agree this could be a
good opportunity for an update to the Commissioners as well.
As a side note I may not be available until 7:00 or so that day due to
a Boise City council meeting issue that I may need to attend, were we
starting earlier than 7:00?
>>> "Steve Siddoway" <siddowas@meridiancity.org> 03/17 8:23 AM >>>
I'll be out of town on a backpack trip on the 23rd, but I could do it
the
following week, on the 30th. That would be just prior to the joint
Council/P&Z meeting -will you be having a Pre -Council meeting that week?
Or,
I suppose we could make it a short part of the joint meeting agenda.
I'm
sure the P&Z Commission would appreciate the update, too. (?)
Steve
Steve Siddoway
Principal Planner
Meridian Planning & Zoning
1
660 E. Watertower Lane, Suite 202
Meridian, Idaho 83642
Phone 208.884.5533
Fax 208.888.6854
-----Original Message -----
From: Tammy de Weerd [mailto:deweerdt@meridiancity.org]
Sent: Tuesday, March 16, 2004 11:29 PM
To: 'Steve Siddoway'
Cc: Bill Nary; Will Berg
Subject: RE: MDC 2003 Annual Report
Can we get this scheduled on the 23rd? Thanks, t.
Tammy de Weerd, Mayor
City of Meridian
www.meridiancity.org
(208) 888-4433 ext. 204
(208) 888-4218 fax
-----original Message -----
From: Steve Siddoway [mailto:siddowas@meridiancity.org]
Sent: Tuesday, March 16, 2004 3:57 PM
To: Tammy de Weerd
Subject: FW: MBC 2003 Annual Report
Mayor,
Attached is the annual report of the MAC for the year 2003. The MBC
is
required by state law to submit a copy of the annual report to the
City
prior to March 31st. I have submitted it to the Cleric's office and
I'm
coordinating with them to get a public notice published in the
newspaper in
compliance with state law.
If you would like, I can review the highlights of the report with the
City
Council at a Pre -Council meeting. You and Councilmen Bird and Rountree
are
already familiar with most of the activities of the MDC over the past
2
I
year.
But, Councilmen Nary and Wardle may appreciate the update. Let me know
what
you think. I could also use the opportunity to update the Council on
the
status of the downtown design standards.
Steve
Steve Siddoway
Principal Planner
Meridian Planning & Zoning
660 E. Watertower Lane, Suite 202
Meridian, Idaho 83642
Phone 208.884.5533
Fax 208.888.6854
-----Original Message -----
From: Steve Siddoway [mailto:siddowas@meridiancity.org]
Sent: Tuesday, March 16, 2004 3:46 PM
To: 'Jessica Johnson'
Cc: 'Will Berg'; 'Tara Green'; 'Craig Slocum'; 'Clair Bowman'; Ryan P.
Armbruster (rpa@elamburke.com)
Subject: MDC 2003 Annual Report
Jessica,
Per our phone conversation, attached is the annual report of the MDC
for the
year 2003. The MDC is required by state law to submit a copy of the
annual
report to the City prior to March 31st. Similar to last year, please
publish notice in the newspaper that the report has been filed and is
available for public viewing at the City Clerk's office. Call me if
you
have any questions.
Steve
Steve Siddoway
3
Principal Planner
Meridian Planning & Zoning
660 E. Watertower Lane, Suite 202
Meridian, Idaho 83642
Phone 208.884.5533
Fax 208.888.6854
4
Will Ber
From:
William Nary [Wnary@cityofboise.org]
Sent:
Wednesday, March 17, 2004 2:58 PM
To:
deweert@exchange.meridiancity.org; deweerdt@meridiancity.org;
siddowas@meridiancity.org
Cc:
bergw@meddiancity.org
Subject:
RE: MDC 2003 Annual Report
That's great. I forgot about eating, since we rarely do that. I will
check on my time. I am planning on preparing a short memo on the
procedural issues for discussion as well.
>>> "Tammy de Weerd" <deweerdt@meridiancity.org> 03/17 2:47 PM >>>
We were going to begin at 6:00 p.m. to have a chance to 'break bread'
with
the Commissioners. It would be appropriate to begin with Steve's
presentation, first with design standards and second with the MDC
report.
I realize, Bill, that you may not be there at the beginning, however,
you
have the most information about the procedural aspects of our meeting
process(es). What are your thoughts?
Tammy de Weerd, Mayor
City of Meridian
www.meridiancity.org
(208) 888-4433 ext. 204
(208) 888-4218 fax
-----Original Message -----
From: William Nary [mailto:Wnary@cityofboise.org]
Sent: Wednesday, March 17, 2004 2:35 PM
To: Tammy de Weerd; siddowas@meridiancity.org
Cc: Will Berg
Subject: RE: MDC 2003 Annual Report
I was not anticipating a "pre -council" on the 30th since we are having
a
workshop type meeting with the P&Z Commissioners. I don't have a
problem with this being a first agenda item. I agree this could be a
good opportunity for an update to the Commissioners as well.
As a side note I may not be available until 7:00 or so that day due to
a Boise City council meeting issue that I may need to attend, were we
starting earlier than 7:00?
>>> "Steve Siddoway" <siddowas@meridiancity.org> 03/17 8:23 AM >>>
I'll be out of town on a backpack trip on the 23rd, but I could do it
the
following week, on the 30th. That would be just prior to the joint
Council/P&Z meeting -will you be having a Pre -Council meeting that
week?
Or,
I suppose we could make it a short part of the joint meeting agenda.
I'm
sure the P&Z Commission would appreciate the update, too. (?)
1
Steve
Steve Siddoway
Principal Planner
Meridian Planning & Zoning
660 E. Watertower Lane, Suite 202
Meridian, Idaho 83642
Phone 208.884.5533
Fax 208.888.6854
-----Original Message ------
From: Tammy de Weerd[mailto:deweerdt@meridiancity.org]
Sent: Tuesday, March 16, 2004 11:29 PM
To: 'Steve Siddoway'
Cc: Bill Nary; Will Berg
Subject: RE: MDC 2003 Annual Report
Can we get this scheduled on the 23rd? Thanks, t.
Tammy de Weerd, Mayor
City of Meridian
www.meridiancity.org
(208) 888-4433 ext. 204
(208) 888-4218 fax
-----Original Message -----
From: Steve Siddoway[mailto:siddowas@meridiancity.org]
Sent: Tuesday, March 16, 2004 3:57 PM
To: Tammy de Weerd
Subject: FW: MDC 2003 Annual Report
Mayor,
Attached is the annual report of the MDC for the year 2003. The MDC
is
required by state law to submit a copy of the annual report to the
City
prior to March 31st. I have submitted it to the Clerk's office and
I'm
2
4
coordinating with them to get a public notice published in the
newspaper in
compliance with state law.
If you would like, I can review the highlights of the report with the
City
Council at a Pre -Council meeting. You and Councilmen Bird and
Rountree
are
already familiar with most of the activities of the MDC over the past
year.
But, Councilmen Nary and Wardle may appreciate the update. Let me
know
what
you think. I could also use the opportunity to update the Council on
the
status of the downtown design standards.
Steve
Steve Siddoway
Principal Planner
Meridian Planning & Zoning
660 E. Watertower Lane, Suite 202
Meridian, Idaho 83642
Phone 208.884.5533
Fax 208.888.6854
-----Original Message -----
From: Steve Siddoway[mailto:siddowas@meridiancity.org]
Sent: Tuesday, March 16, 2004 3:46 PM
To: 'Jessica Johnson'
Cc: 'Will Berg'; 'Tara Green'; 'Craig Slocum'; 'Clair Bowman'; Ryan P.
Armbruster (rpa@elamburke.com)
Subject: MDC 2003 Annual Report
Jessica,
Per our phone conversation, attached is the annual report of the MDC
for the
year 2003. The MDC is required by state law to submit a copy of the
annual
report to the City prior to March 31st. Similar to last year, please
publish notice in the newspaper that the report has been filed and is
available for public viewing at the City Clerk's office. Call me if
3
you
have any questions.
Steve
Steve Siddoway
Principal Planner
Meridian Planning & Zoning
660 E. Watertower vane, Suite 202
Meridian, Idaho 83642
Phone 208.884.5533
Fax 208.888.6854
4
RESOLUTION NO. 2,�-2 6
BY: 61e1vt 1Je1v/kc1
BE RESOLVEDMERIDIAN,IDAHO:
The Council does hereby adopt as the official Policy and Procedures for public
hearings for the transaction of hearings before the City Council of the City of Meridian,
the following:
WHEREAS, the City Council has certain authority to adopt written organization
papers consistent with Chapter 65, Title 67 pursuant to Idaho Code Section 67-6504(c);
and
WHEREAS, it is found by the members of the City Council that it is in the best
interests for the conduct of its business to adopt written policy and procedures for the
RESOLUTION OF THE CITY OF MERIDIAN FOR CITY
COUNCIL'S PUBLIC HEARING PROCEDURE POLICY
conduct of matters governed under the City's Zoning and Development Ordinance, Title
XI of the Municipal Code; and
WHEREAS, the Council has duly considered a draft of the policy and
procedures, which is herein determined appropriate under the circumstances.
NOW THEREFORE, BE IT RESOLVED BY THE MEMBERS
OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO:
1. The City Council does hereby adopt as the official
public hearing procedure policy for public hearings of the City of
Meridian, a copy of which is attached hereto marked as Exhibit
"A" and by this reference incorporated herein.
PA SED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 1- day
of {� , 1998.
ATTEST:
CITY CLERK/SECRETA
111798 -Final
By: j,; %
M R RO ERT D. CORRIE
RESOLUTION OF THE CITY OF MERIDIAN FOR CITY Z
COUNCIL'S PUBLIC HEARING PROCEDURE POLICY
I
POLICY APPLICATION AND TITLE
1.1 This Policy and Procedure applies to matters before the City
Council governed under the City's Zoning and Development
Ordinances and shall be known as the "City Council Zoning and
Development Ordinance Policy and Procedure."
2
FEARING EXAMINER APPOINTMENT
2.1 Hearing Examiner: The Council may appoint a hearing examiner
to hear applications for subdivisions and variance permits, and
requests for zoning district boundary changes for subdivisions,
special use and variance. permits.
3
RULES OF EVIDENCE/SITE VISIT/RECORDS OF PROCEEDINGS
3.1 Time Limits Public Hearings: Time limits for speakers and
witnesses at the public hearings shall conform to the following:
3.1.1 Initial applicant presentation - 15 minutes.
3.1.2 Other persons speaking in favor of the application - 3
minutes.
3.1.3 Persons in opposition may have one (1) spokesperson who
may speak for 15 minutes.
3.1.4 Other persons speaking in opposition — 3 minutes.
3.1.5 Motion to modifv time limits: A motion may be made for
good cause showing why the time limits herein imposed by
this rule would violate the due process rights of an applicant
or affected party. Modification of this rule requires a
City Council Zoning and Development Ordinance
Policy and Procedure - 1 EXHIBIT "A"
maj ority vote of the Council. A motion to modify time limits
must be made prior to the presentation of evidence at the
public hearing.
3.2 Admissible evidence: All relevant evidence is admissible and
evidence which is not relevant is not admissible.
3.2.1 Relevant evidence shall mean "Evidence having any tendency
to make the existence of any fact that is in consequence to
the determination of the matter before the Council more
probable or less probable than it would be without the
evidence."
3.2.2 Limitations may be imposed upon the submission of
testimony or evidence which is cumulative and unnecessarily
duplicative of other evidence received.
3.2.3 All exhibits shall be marked by the City Clerk and shall not
be admitted as part of the record until a motion has been
made for the Exhibit's admission and admitted by action of
the Council.
3.3 Site Visits:. Site visits by the Mayor and Council/Hearing examiner
are to be done in conformance with Idaho Rules of Civil Procedure,
Rule 43 (0, A site visit can only be conducted when the
Council/Hearing Examiner shall first give notice to all affected
parties, of their right together with their counsel to be present at the
site visit. The visit shall be at a pre -determined time and on the
record. The agenda of the site visit should be stated on the record
before the visit. The City Clerk or designee should also attend the
site visit to take the minutes, which minutes shall be a part of the
record.
3.4 Record of Proceedings:
3.4.1 All public hearings shall be electronically recorded by the
City Clerk, and may be stenographically recorded by a court
reporter at the request of the Council, if requested by an
applicant or an affected party at their own expense.
City Council Zoning and Development Ordinance
Policy and Procedure - 2
3.4.2 All records of meetings, hearings, resolutions, studies,
findings, permits and actions of the Council shall be
maintained by the City Clerk.
4
OTHER RULES OF PROCEDURE FOR PUBLIC HE4-,.V-IVGS
4.1 The conduct of a public hearing shall be subject to State lav, City
ordinance, and this policy and procedure. Any matters otherwise not
governed thereby involving procedure shall be governed by "Roberts Rules
of Order", the latest edition thereof, as is applicable to the matter under
consideration. For good cause the Council may modify the application of
the Rules set forth in this policy at the beginning of any public hearing.
5
PROCESS OF PUBLIC HEARINGS BEFORE THE CITY COUNCIL
5.1 Public hearings which are quasi judicial and are held either before a hearing
examiner and/or the City Council who may require the following at each
hearing. The provisions of this section may be modified at each hearing
depending upon the circumstances with regards to application or permit
request and in accordance with the provision of due process rights to all
interested and affected parties.
5.1.1 Staff Report
The Planning and Zoning Department and/or the Public Works staff, as is
appropriate, shall have prepared and completed a staff report or an
amended report, as the case may be, on the application or permit which is
the subject of the public hearing.
The staff report, or an amended report when completed, shall be made
available to the public and affected parties at the City Clerlc s office.
City Council Zoning and Development Ordinance
Policy and Procedure - 3
5.1.2 Pre -Mark Exhibits
Applicants and affected property owners who seek to admit exhibits at
public hearings are encouraged to provide those exhibits to the City Cleric
before the public hearing for marking.
5.1.3 Sign -Up Sheet
A sign up sheet .for each public hearing shall be made available in the
Council Chamber or meeting room where the hearing is held for those who
wish to speak at the public hearing.
5.1.4 Agenda CalMdjournment-Hour
When the City Council has considerable agenda the Council at the
beginning of its meeting, following the consent agenda, may determine how
many public hearings will be heard. The Mayor may request those in
attendance to identify whether their public hearing is ready to be heard
and determine how many witnesses are appearing for and against the
application in each of the public hearings. After receiving this information
the Council may then determine the public hearings that can be heard at
the meeting, during reasonable hours. The Council may designate which
public hearings will be conducted with the appropriate motion to continue
the remaining scheduled public hearings, provided that the oldest matter
should be heard first. All public hearings continued should be re -noticed for
the next available date.
For purposes of this step, it is hereby determined that hearing, testimony
and receiving evidence and deliberating on matters after 11.00 o'clock p.m.
will require a special motion on the part of the council to continue public
hearing, otherwise the public hearing will be recessed until the next
available date.
City Council Zoning and Development Ordinance
Policy and Procedure - 4
0
6.1 Prior to the conduct of any public hearing the Mayor may inform those in
attendance of the format and procedure for public hearing and may include
any or all of the following to -wit:
STEP NO. 1: Agenda Call (See Section 5.1.4)
STEP NO. 2: The Mayor identifies all of the public hearings that will be heard
that evening. The Mayor shall then advise that all persons appearing
and wishing to testify are asked to sign on the appropriate sign-up
sheet for the public hearing in which they wish to testify.
STEP NO. 3: The Mayor explains the general format for public hearings as
follows:
-- Receive the Planning and Zoning Director's staff report,
-- Testimony from the applicant
-- Testimony of those who have signed up to testify in support
of the application, followed by
-- Testimony of those who are in opposition or wish to provide
a general relevant information.
Note: Unless a motion is made for good cause the public hearings
will be subject to the following time limits in their presentation:
-- The applicant's presentation 15 minutes.
-- Other persons speaking in favor of the application 3 minutes
per speaker.
-- Spokesperson in opposition shall be given 15 minutes.
-- Other persons speaking in opposition 3 minutes.
Any motion seeking a modification of this time limit must be made
after the matter is first called before the Council and prior to any
testimony.
City Council Zoning and Development Ordinance
Policy and Procedure - 5
-- The Mayor/Council may allow rebuttal and surrebuttal only
in the event there is new evidence presented and rebuttal and
surrebuttal shall be limited to ne�v evidence.
-- Irrelevant, immaterial or unduly repetitious evidence or
testimony shall be excluded. All documents, photos,
drawings, charts, etc. must be marked prior to or during the
hearing and identified by the witness during the witness's
presentation.
-- All persons attending these proceedings are requested by the
Council to remain courteous and respectful to all persons
testifying and you are requested to remain respectful during
Council deliberation.
7
HEARING FORMAT FOR EACH PUBLIC HEARING
The following is the format for each public hearing:
STEP NO. 1: Receipt of Staff Report: Staff shall make an oral presentation
including staff's review of the staff report and staff shall then move
to introduce the staff report and exhibits identified in the report as
part of the record.
The responsible staff person should at this time announce the
specific contents of the record and proposed exhibits which should
be identified as part of the record which are included in the staff
report, together with the appropriate motions for taking judicial
notice of City Ordinances, records and Comprehensive Plan.
STEP NO. 2: Testimony and evidence received:
First from applicant and those in favor of the application/appeal.
Follow the order on the sign up sheet.
a. Testimony given.
City Council Zoning and Development Ordinance
Policy and Procedure - 6
b. Questions by Council members
Testimony and evidence received from those in opposition to
the application/appeal. Start with designated representative then
take in the order on the sign up sheet.
a. Testimony given.
b. Questions by Council members
Testimony and evidence on rebuttal.
Optional at the discretion of the Mayor to allow testimony and
evidence on surrebuttal.
Testimony and evidence on surrebuttal.
STEP NO. 3: The City Clerk shall read the exhibit list of exhibits that have been
offered for admission to the record and the council should then vote
to determine which exhibits are to be admitted.
(City Clerk should also verify that the evidence in his/her custody).
STEP NO. 4: Close the Receipt of Testimony and Evidence (Requires a motion
and a vote of the majority of the Council.)
STEP NO. 5: Deliberation:
A. Mayor announces what Council has to consider and
determine.
S. Council members discuss the matter (only evidence that is
part of the record which includes testimony and exhibits
should be the subject matter of these discussions.)
C. The Council can ask for a legal opinion if it needs one to
complete the deliberation.
D. The Council can take the matter under advisement to render
an opinion at the next meeting date or at a date certain.
City Council Zoning and Development Ordinance
Policy and Procedure - 7
(check the ordinance in question to ensure this does not
violate any time tables requiring otherwise).
E. Render a decision and direct that the staff or the City
Attorney prepare Findings of Fact and Conclusions of Law,
as the case may be, in conformance Nvith the decision, and to
submit the same for approval to the City Council at the nest
scheduled meeting.
STEP NO. 6: After adoption of findings of fact and conclusions of law a motion
by Council directing the Attorney to prepare the appropriate
ordinance to be submitted at the next Council meeting for
consideration and/or as the case may be directing that a final Order
or Permit shall be prepared by the City attorney which shall be
signed by the Mayor and City Clerk as a ministerial act and then a
copy served by the Clerk upon the applicant, the Planning and
Zoning. Department, and/or the Public Works Department and any
affected party requesting notice.
0
PROCEDURE FOR FINAL PLAT APPROVAL
8.1 Procedure for Final Plat Al2- lications: The Administrator places the
final plat on Council agenda only after the Administrator determines that
the final plat is in compliance with the preliminary plat and all conditional
requirements have been met.
8.2 Council action:
8.2.1 Mayor announces the matter is before the City Council for
consideration of Final Plat approval.
8.2.2 Mayor recognizes staff to report on the applicant's compliance with
requirements the preliminary plat and all conditional requirements
thereof. Questions from Council.
8.2.3 Determination by Mayor and City Council if any additional
City Council Zoning and Development Ordinance
Policy and Procedure - 8
information is needed.
8.2.4 Decision to approve, conditionally approve, or disapprove, order a
mediation and/or table final plat for no longer than 45 days.
8.2.5 Final Order shall be prepared by the City Attorney in conformance
with the decision which shall be signed by the Mayor and City Clerk
and then a copy served by the Cleric upon the applicant, the
Planning and Zoning Department, and the Public Works
Department and any affected party requesting notice.
O PUBLIC HEARING PROCEDURE
OD; r Or
APPLICATION APPROVAL
9.1 Procedure for Application approval when there is no public hearing
provided:
9.1.1 Submission by the Administrator for placement of the application
on Council agenda only after the appropriate action has been taken
and completed by the Planning and Zoning Commission when
required.
9.1.2 Council Action:
9.1.2.1 Mayor announces the matter is before the City
Council for consideration.
9.1.2.2 Mayor or Cleric identifies the documents and
minutes/transcript of proceedings that have been
included as part of the record and to be considered by
the Council.
9.1.2.3 Mayor asks the Council if they request any additional
information. if so the matter may need to be
continued to receive the information.
City Council Zoning and Development Ordinance
Policy and Procedure - 9
9.1.2.4 Deliberation
9.1.2.4.1
Mayor states what Council has to consider and
determine.
9.1.2.4.2
Council members discuss the matter (only
evidence that is part of the record should be the
subject matter of the discussion).
9.1.2.4.3
The Council can ask for a legal opinion if it
needs one to complete the deliberation.
9.1.2.4.4
The Council can take the matter under
advisement to render an opinion at the next
meeting date or at a date certain. (check the
ordinance in question to insure this does not
violate any time tables requiring otherwise).
9.1.2.4.5
Render a decision and direct that the staff or
the City Attorney prepare Findings of Fact and
Conclusions of Law, if required, as the case may
be in conformance with the decision and to
submit the same for approval to the City
Council at the next scheduled meeting.
9.1.2.4.6
After adoption of Findings of Fact and
Conclusions of Law, if required, a Motion by
Council directing that a Final Order shall be
prepared by the City Attorney in conformance
with the decision which shall be signed by the
Mayor and City Clerk and then a copy served
by the Cleric upon the applicant, the Planning
and Zoning Department, and/or the Public
Works Department and any affected party
requesting notice.
XO
APPEALS OF PLANNING AND ZONING ACTION
10.1 Appeals which require a public hearing will follow the procedure in Section
5, 6 and 7 of this policy.
City Council Zoning and Development Ordinance
Policy and Procedure - 10
1 Q.2 Appeals which do not require a public hearing will follow the procedure in
Section 9 of this policy.
II
11.1 All Motions requesting Council action which concern matters of procedure
and process shall be processed and determined as follows:
11.1.1 Applicant or affected party files a Motion requesting specific
Council action in relationship to a claim based upon
procedure or process but only in the event the matter is
properly before the City Council.
11.1.2 City Cleric with the consent of the Mayor [in the Mayor's
absence the President of Council] shall place the Motion on
the agenda and direct that the Cleric give notice of the
hearing to the affected party and the developer for which the
Motion is at issue. Notice shall advise that the Council will
not receive new evidence but only hear argument, written
and/or oral, relevant to the motion and point of procedure or
process.
11.1.3 Hearing Format:
STEP NO. 1: Mayor shall announce that this is the time and place set for
the hearing of the motion of (Read
the motion).
STEP NO. 2: Mayor requests that those appearing to argue the Motion
identify themselves and who they represent and how much
time they request to argue.
STEP NO. 3: Mayor and Council decide on reasonable time limit for
presentations of oral argument. No new evidence presented
other than the record of the matter already in existence.
City Council Zoning and Development Ordinance
Policy and Procedure - 11
STEP NO. 4: Party filing the Motion presents oral argument followed by
other party with response by party ailing Motion allowed only
for new matters brought up by the other party.
STEP NO. S: Council deliberation which may include a request for advice
of legal counsel and clarification of record from City Clerk.
Council may proceed to decide the matter or table.
Council action may include either granting the motion or
denying the Motion as the case may be with the appropriate
order directing action in accordance with Council decision.
STEP NO. 6: Final Order shall be prepared by the City Attorney in
conformance with the decision which shall be signed by the
Mayor and City Cleric and then a copy served by the Cleric
upon the applicant, the Planning and Zoning Department,
and/or the Public Works Department and any affected party
requesting notice.
ey/PubiicHrg. Pro
City Council Zoning and Development Ordinance
Policy and Procedure - 12
CERTIFICATE OF M
OF
THE CITY f.:►
I, the undersigned, do hereby certify:
1. That I am the duly appointed and elected Clerk of the City of
Meridian, a duly incorporated City operating under the laws of the State of
Idaho, with its principal office at 33 East Idaho, Meridian, Idaho.
2. That as the City Clerk of this City, 1 am the custodian of its
records and minutes and do hereby certify that on the 151±i day of
1998, the following action has been taken and
authorized:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND
PURPOSES; AND ADOPTING AND ESTABLISHING A POLICY
FOR THE CONDUCT OF MATTERS BEFORE THE CITY
COUNCIL AND PROVIDING FOR AN OPTION FOR THE CITY
COUNCIL TO APPOINT A HEARING EXAMINER IN CERTAIN
TYPES OF APPLICATIONS GOVERNED UNDER TITLE X1 OF
THE MUNICIPAL CODE.
BE IT RESOLVED BY THE MEMBERS OF THE CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO:
The Council does hereby adopt as the official Policy and Procedures for public
hearings for the transaction of hearings before the City Council of the City of Meridian,
the following:
WHEREAS, the City Council has certain authority to adopt written organization
papers consistent with Chapter 65, Title 67 pursuant to Idaho Code Section 67-6504(c);
and
CERTIFICATE OF CLERK OF THE
CITY OF MERIDIAN
WHEREAS, it is found by the members of the City Council that it is in the best
interests for the conduct of its business to adopt written policy and procedures for the
conduct of matters governed under the City's Zoning and Development Ordinance, Title
XI of the Municipal Code; and
WHEREAS, the Council has duly considered a draft of the policy and
procedures, which is herein determined appropriate under the circumstances.
NOW THEREFORE, BE IT RESOLVED BY THE MEMBERS
OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO:
1. The City Council does hereby adopt as the official public hearing
procedure poly for pub(ii,;hgfpgs of the City of Meridian, a copy of which is attached
hereto marked -'as E � AKI this reference incorporated herein.
L
_A/IIILLIAM G. BERG, JR.
f 5 4�`•
STATE OF IDAHO,
ss.
County of Ada, }
Vn this /`.� day of , in the year 1998, before me,
C I►rYV� , a Notary Public, appeared WILLIAM G. BERG, JR.,
oknor identified to me to be the City Clerk of the City of Meridian, Idaho that
executed the said instrument, and acknowledged to me that he executed the same on
behalf of the City of Meridian.
$'aa®yaenm�cecaa844 J,
,
pry GSL L S' ®moo+
Bm °9 aelppp.,` Not Pu is for Idaho
® ,OTAh,� a �� Commission Expires:
0 °
.H4 0, ®i
%90606+6
O
CERTIFICATE OF CLERK OF THE
CITY OF MERIDIAN
E ..
Dect ber 1998
RFcETVF,j)
CITY OF -1ERIDI1A,-
December 1998
TABLE OF CONTENTS
POLICY AND PROCEDURES
ANNEXATION AND ZONING
PROCEDURE
DESIGNATION
CONDITIONAL USE PERMIT PROCEDURE
FINAL PLAT PROCEDURE
PRELIMINARY PLAT PROCEDURE
VARIANCE PROCEDURE
ZONING AMENDMENT PROCEDURE
I
POLICY APPLICATION AND TITLE
1.1 This Policy and Procedure applies to matters before the City
Council governed under the City's Zoning and Development
Ordinances and shall be known as the "City Council Zoning and
Development Ordinance Policy and Procedure."
2
HEARING EXAMINER APPOINTMENT
2.1 Hearing Examiner: The Council may appoint a hearing examiner
to hear applications for subdivisions and variance permits, and
requests for zoning district boundary changes for subdivisions,
special use and variance permits.
3
RULES OF EVIDENCE/SITE VISIT/RECORDS OF PROCEEDINGS
3.1 Time Limits — Public Hearings: Time limits for speakers and
witnesses at the public hearings shall conform to the following:
3.1.1 Initial applicant presentation - 15 minutes.
3.1.2 Other persons speaking in favor of the application - 3
minutes.
3.1.3 Persons in opposition may have one (1) spokesperson who
may speak for 15 minutes.
3.1.4 Other persons speaking in opposition — 3 minutes.
3.1.5 Motion to modify time limits: A motion may be made for
good cause showing why the time limits herein imposed by
this rule would violate the due process rights of an applicant
or affected party. Modification of this rule requires a
City Council Zoning and Development Ordinance
Policy and Procedure - 1
majority vote of the Council. A motion to modify time limits
must be made prior to the presentation of evidence at the
public hearing.
3.2 Admissible evidence: All relevant evidence is admissible and
evidence which is not relevant is not admissible.
3.2.1 Relevant evidence shall mean "Evidence having any tendency
to make the existence of any fact that is in consequence to
the determination of the matter before the Council more
probable or less probable than it would be without the
evidence."
3.2.2 Limitations may be imposed upon the submission of
testimony or evidence which is cumulative and unnecessarily
duplicative of other evidence received.
3.2.3 All exhibits shall be marked by the City Clerk and shall not
be admitted as part of the record until a motion has been
made for the Exhibit's admission and admitted by action of
the Council.
3.3 Site Visits: Site visits by the Mayor and Council/Hearing examiner
are to be done in conformance with Idaho Rules of Civil Procedure,
Rule 43(f). A site visit can only be conducted when the
Council/Hearing Examiner shall first give notice to all affected
parties, of their right together with their counsel to be present at the
site visit. The visit shall be at a pre -determined time and on the
record. The agenda of the site visit should be stated on the record
before the visit. The City Clerk or designee should also attend the
site visit to take the minutes, which minutes shall be a part of the
record.
3.4 Record of Proceedings:
3.4.1 All public hearings shall be electronically recorded by the
City Clerk, and may be stenographically recorded by a court
reporter at the. request of the Council, if requested by an
applicant or an affected party at their own expense.
City Council Zoning and Development Ordinance
Policy and Procedure - 2
3.4.2 All records of meetings, hearings, resolutions, studies,
findings, permits and actions of the Council shall be
maintained by the City Cleric
4
OTHER RULES OF PROCEDURE FOR PUBLIC HEARINGS
4.1 The conduct of a public hearing shall be subject to State law, City
ordinance, and this policy and procedure. Any matters otherwise not
governed thereby involving procedure shall be governed by "Roberts Rules
of Order", the latest edition thereof, as is applicable to the matter under
consideration. For good cause the Council may modify the application of
the Rules set forth in this policy at the beginning of any public hearing.
E
PROCESS OF PUBLIC HEARINGS BEFORE THE CITY COUNCIL
5.1 Public hearings which are quasi judicial and are held either before a hearing
examiner and/or the City Council who may require the following at each
hearing. The provisions of this section may be modified at each hearing
depending upon the circumstances with regards to application or permit
request and in accordance with the provision of due process rights to all
interested and affected parties.
5.1.1 Staff Report
The Planning and Zoning Department and/or the Public Works staff, as is
appropriate, shall have prepared and completed a staff report or an
amended report, as the case may be, on the application or permit which is
the subject of the public hearing.
The staff report, or an amended report when completed, shall be made
available to the public and affected parties at the City Clerk's office.
City Council Zoning and Development Ordinance
Policy and Procedure - 3
5.1.2 Pre -Mark Exhibits
Applicants and affected property owners who seek to admit exhibits at
public hearings are encouraged to provide those exhibits to the. City Clerlc
before the public hearing for marking.
5.1.3 Sign -Up Sheet
A sign up sheet for each public hearing shall be made available in the
Council Chamber or meeting room where the hearing is held for those who
wish to speak at the public hearing.
5.1.4 A enda Call./Ad'oumment Hour
When the City Council has considerable agenda the Council at the
beginning of its meeting, following the consent agenda, may determine how
many public hearings will be heard. The Mayor may request those in
attendance to identify whether their public hearing is ready to be heard
and determine how many witnesses are appearing for and against the
application in each of the public hearings. After receiving this information
the Council may then determine the public hearings that can be heard at
the meeting, during reasonable hours_ The Council may designate which
public hearings will be. conducted with the appropriate motion to continue
the remaining scheduled public hearings, provided that the oldest matter
should be heard first. All public hearings continued should be re -noticed for
the next available date.
For purposes of this step, it is hereby determined that hearing, testimony
and receiving evidence and deliberating on matters after 11:00 o'clock p.m.
will require a special motion on the part of the council to continue public
hearing, otherwise the public hearing will be recessed until the next
available date.
City Council Zoning and Development Ordinance
Policy and Procedure - 4
M
FORMAT ANNOUNCED BEFORE PUBLIC HEARINGS
6.1 Prior to the conduct of any public hearing the Mayor may inform those in
attendance of the format and procedure for public hearing and may include
any or all of the following to -wit:
STEP NO. 1: Agenda Call (See Section 5.1.4)
STEP NO. 2: The Mayor identifies all of the public hearings that will be heard
that evening. The Mayor shall then advise that all persons appearing
and wishing to testify are asked to sign on the appropriate sign-up
sheet for the public hearing in which they wish to testify.
STEP NO. 3: The Mayor explains the general format for public hearings as
follows:
-- Receive the Planning and Zoning Director's staff report,
-- Testimony from the applicant
Testimony of those who have signed up to testify in support
of the application, followed by
-- Testimony of those who are in opposition or wish to provide
a general relevant information.
Note: Unless a motion is made for good cause the public hearings
will be subject to the following time limits in their presentation:
-- The applicant's presentation 15 minutes.
-- Other persons speaking in favor of the application 3 minutes
per speaker.
-- Spokesperson in opposition shall be given 15 minutes.
-- Other persons speaking in opposition 3 minutes.
Any motion seeking a modification of this time limit must be made
after the matter is first called before the Council and prior to any
testimony.
City Council Zoning and Development Ordinance
Policy and Procedure - 5
-- The Mayor/Council may allow rebuttal and surrebuttal only
in the event there is new evidence presented and rebuttal and
surrebuttal shall be limited to new evidence.
-- Irrelevant, immaterial or unduly repetitious evidence or
testimony shall be excluded. All documents, photos,
drawings, charts, etc. must be marked prior to or during the
hearing 'and identified by the witness during the witness's
presentation.
-- All persons attending these proceedings are requested by the
Council to remain courteous and respectful to all persons
testifying and you are requested to remain respectful during
Council deliberation.
7
HEARING FORMAT FOR EACH PUBLIC HEARING
The following is the format for each public hearing:
STEP NO. l: Receipt of Staff Report: Staff shall make an oral presentation
including staff's review of the staff report and staff shall then move
to introduce the staff report and exhibits identified in the report as
part of the record.
The responsible staff person should at this time announce the
specific contents of the record and proposed exhibits which should
be identified as part of the'record which are included in the staff
report, together with the appropriate motions for taking judicial
notice of City Ordinances, records and Comprehensive Plan.
STEP NO. 2: Testimony and evidence received:
First from applicant and those in favor of the application/appeal.
Follow the order on the sign up sheet.
a. Testimony given.
City Council Zoning and Development Ordinance
Policy and Procedure - 6
b. Questions by Council members
Testimony and evidence received from those in opposition to
the application/appeal. Start with designated representative then
take in the order on the sign up sheet.
a. Testimony given.
b. Questions by Council members
Testimony and evidence on rebuttal.
Optional at the discretion of the Mayor to allow testimony and
evidence on surrebuttal.
Testimony and evidence on surrebuttal.
STEP NO. 3: The City Cleric shall read the exhibit list of exhibits that have been
offered for admission to the record and the council should then vote
to determine which exhibits are to be admitted.
(City Clerk should also verify that the evidence in his/her custody).
STEP NO. 4: Close the Receipt of Testimony and Evidence (Requires a motion
and a vote of the majority of the Council.)
STEP NO. 5: Deliberation:
A. Mayor announces what Council has to consider and
determine.
B. Council members discuss the matter (only evidence that is
part of the record which includes testimony and exhibits
should be the subject matter of these discussions.)
C. The Council can ask for a legal opinion if it needs one to
complete the deliberation.
D. The Council can take the matter under advisement to render
an opinion at the next meeting date or at a date certain.
City Council Zoning and Development Ordinance
Policy and Procedure - 7
(check the ordinance in question to ensure this does not
violate any time tables requiring otherwise).
E. Render a decision and direct that the staff or the City
Attorney prepare Findings of Fact and Conclusions of Law,
as the case may be, in conformance with the decision, and to
submit the same for approval to the City Council at the neat
scheduled meeting.
STEP NO. 6: After adoption of findings of fact and conclusions of law a motion
by Council directing the Attorney to prepare the appropriate
ordinance to be submitted at the next Council meeting for
consideration and/or as the case may be directing that a final Order
or Permit shall be prepared by the City attorney which shall be
signed by the Mayor and City Clerk as a ministerial act and then a
copy served by the Cleric upon the applicant, the Planning and
Zoning Department, and/or the Public Works Department and any
affected party requesting notice.
E01
PROCEDURE FOR FINAL PLAT APPROVAL
8.1 Procedure for Final „Plat Applications: The Administrator places the
final plat on Council agenda only after the Administrator determines that
the final plat is in compliance with the preliminary plat and all conditional
requirements have been met.
8.2 Council action:
8.2.1 Mayor announces the matter is before the City Council for
consideration of Final Plat approval.
8.2.2 Mayor recognizes staff to report on the applicant's compliance with
requirements the preliminary plat and all conditional requirements
thereof. Questions from Council.
8.2.3 Determination by Mavor and City Council if any additional
City Council Zoning and Development Ordinance
Policy and Procedure - 8
information is needed.
8.2.4 Decision to approve, conditionally approve, or disapprove, order a
mediation and/or table final plat for no longer than 45 days.
8.2.5 Final Order shall be prepared by the City Attorney in conformance
with the decision which shall be signed by the Mayor and City Cleric
and then a copy served by the Cleric upon the applicant, the
Planning and Zoning Department, and the. Public Works
Department and any affected party requesting notice.
NO PUBLIC HEARING - PROCEDURE FOR
APPLICATION APPROVAL
9.1 Procedure for Application approval when there is no public hearing
provided:
9. 1.1 Submission by the Administrator for placement of the application
on Council agenda only after the appropriate action has been taken
and completed by the Planning and Zoning Commission when
required.
9.1.2 Council Action:
9.1.2.1 Mayor announces the matter is before the City
Council for consideration.
9.1.2.2 Mayor or Clerk identifies the documents and
minutes/transcript of proceedings that have been
included as part of the record and to be considered by
the Council.
9.1.2.3 Mayor asks the Council if they request any additional
information. if so the matter may need to be
continued to receive the information.
City Council Zoning and Development Ordinance
Policy and Procedure - 9
9. 1.2.4 Deliberation
9.1.2.4.1
Mayor states what Council has to consider and
determine.
9.1.2.4.2
Council members discuss the matter (only
evidence that is part of the record should be the
subject matter of the discussion).
9.1.2.4.3
The Council can ask for a legal opinion if it
needs one to complete the deliberation.
9.12.4.4
The Council can take the matter under
advisement to render an opinion at the neat
meeting date or at a date certain. (check the
ordinance in question to insure this does not
violate any time tables requiring otherwise).
9.1.2.4.5
Render a decision and direct that the staff or
the City Attorney prepare Findings of Fact and
Conclusions of Law, if required, as the case may
be in conformance with the decision and to
submit the same for approval to the City
Council at the next scheduled meeting.
9.1.2.4.6
After adoption of Findings of Fact and
Conclusions of Law, if required, a Motion by
Council directing that a Final Order shall be
prepared by the City Attorney in conformance
with the decision which shall be signed by the
Mayor and City Clerk and then a copy served
by the Clerk upon the applicant, the Planning
and Zoning Department, and/or the Public
Works Department and any affected party
requesting notice.
10
APPEALS OF PLANNING AND ZONING ACTION
10.1 Appeals which require a public hearing will follow the procedure in Section
S, 6 and 7 of this policy.
City Council Zoning and Development Ordinance
Policy and Procedure - 10
10.2 Appeals which do not require a public hearing will follow the procedure in
Section 9 of this policy.
II
PROCEDURE FOR MOTIONS
11.1 All Motions requesting Council action which concern matters of procedure
and process shall be processed and determined as follows:
Applicant or affected party files a Motion requesting specific
Council action in relationship to a claim based upon
procedure or process but only in the event the matter is
properly before the City Council.
11.1.2 City Clerk with the consent of the Mayor [in the Mayor's
absence the President of Council] shall place the Motion on
the agenda and direct that the Clerk give notice of the
hearing to the affected party and the developer for which the
Motion is at issue. Notice shall advise that the Council will
not receive new evidence but only hear argument, written
and/or oral, relevant to the motion and point of procedure or
process.
11.1.3 Hearing Format:
STEP NO. 1: Mayor shall announce that this is the time and place set for
the hearing of the motion of (Read
the motion).
STEP NO. 2: Mayor requests that those appearing to argue the Motion
identify themselves and who they represent and how much
time they request to argue.
STEP NO. 3: Mayor and Council decide on reasonable time limit for
presentations of oral argument. No new evidence presented
other than the record of the matter already in e)dstence.
City Council Zoning and Development Ordinance
Policy and Procedure - I I
STEP NO. 4: Party filing the Motion presents oral argument followed by
other arty with response by party filing Motion allowed only
for new matters brought up by the other party.
STEP NO. 5: Council deliberation which may include a request for advice
of legal counsel and clarification of record from City Cleric.
Council may proceed to decide the matter or table.
Council action may include either granting the motion or
denying the Motion as the case may be with the appropriate
order directing action in accordance with Council decision.
STEP NO. 5: Final Order shall be prepared by the City Attorney in
conformance with the decision which shall be signed by the
Mayor and City Clerk and then a copy served by the Cleric
upon the applicant, the Planning and Zoning Department,
and/or the Public Works Department and any affected party
requesting notice.
ey/PublicHig.Pro
City Council Zoning and Development Ordinance
Policy and Procedure - 12
Request: Annexation and Zoning Designati®n
Idaho Code §§ 50-222 &- 67-6525
Municipal Code § 11-2-417
To: Mayor and City Council
From: Bill Gigray, City Attorney
Procedure:
Public Hearing:
Administrator shall report on the status of the application which should
include [Idaho Code §§ 50-222 &- 67-6525 and Municipal Code § 11-2-417]:
1. That notice of the public hearing has been given in accordance with
state law and City Ordinance provisions; and
2. Completely review the recommendation of the Planning and Zoning
Commission on the proposed annexation and zoning.
3. Review whether or not a development agreement is recommended and a
review of its terms and conditions.
4. Review any other applications that are linked to the subject application.
Applicant responds to the Administrator's report and any other relevant
information
Public testimony either for or against the request.
Deliberation and possible action by City
Council:
The Council must consider the requirements of the State Law for
ANNEXATION AND ZONING DESIGNATION REQUEST
PROCEDURE - I
annexation and zoning as well as the City Ordinances which include the
following issues:
1. Notice of public hearing given in accordance with law, and
2. Owner has filed written request for annexation; and
1 Subject real property is contiguous or adjacent to the City boundaries
and lies with the area of City Impact and with within the Meridian
Urban Service Planning Area as provided in the Comprehensive Plan;
and
4. Completed application has been filed; and
5. The subject annexation request and zoning designation and proposed
development is in accordance with the Comprehensive Plan; and
b. The proposed development and use is allowed in the requested zoning
designation; and
7. Any other required applications and permits required; and
8. Development considerations which are to be taken into account in order
to assure that the proposed development is designed, constructed,
operated and maintained in a manner which is harmonious and
appropriate in appearance with the existing or intended character of the
general vicinity, in order to ensure that the proposed use will not change
the essential character of the affected vicinity/area and will ensure that
the proposed uses will not be hazardous or disturbing to the existing or
future neighboring uses and in particular considering the impact of the
proposed development potential to produce excessive traffic, noise,
smoke, fumes, glare or odors; and
9. Considerations to ensure that the area will have vehicular approaches to
the property which shall be so designed as not to create an interference
with traffic on surrounding public streets; and
10. Consideration of comment from governmental subdivisions providing
services and with concern to prevent any additional cost to the public
ANNEXATION AND ZONING DESIGNATION REQUEST
PROCEDURE -2
for public facilities and services required for the proposed development;
and
11. Consideration to avoid the destruction, loss or damage of natural or
scenic features.
Possible .Action by the City Council.:
Im Continue the public hearing and request for more information and the
public hearing continued to a date certain [70 day limit § 11-2-416 1 2];
or
Accept the recommendations of the Planning and Zoning
Commission and request that findings of fact and conclusions of law and
the appropriate ordinance development agreement etc. be prepared by
the City Attorney and submitted for the Council's further deliberation
at the neat regularly scheduled Council Meeting; or
Modify the recommendations of the Planning and Zoning
Commission in accordance with the determination of the Council and
request that findings of fact and conclusions of lav and the appropriate
ordinance, Development agreement etc. be prepared by the City
Attorney and submitted for the Council's further deliberation at the
next regularly scheduled Council Meeting; or
Im Deny the Annexation request (this is always a discretionary option for
the Council)
ey1G--VVP leridian I5360M`&nnexZonReq.Pro
ANNEXATION AND ZONING DESIGNATION REQUEST
PROCEDURE - 3
Request: Conditional Use Permit
§ 11-2-418 Municipal Code
To: Mayor and City Council
From: City Attorney, Bill Gigray
Procedure:
Public Hearing unless the subject property is in Old Town and in Industrial
and Commercial Districts then there is no public hearing before City Council
unless Council orders one [ § 11-2-418 B]:
Administrator shall report on the status of the application which should
include:
1. Review of the contents of the application and the action and
recommendations of the Planning and Zoning Commission; and
2. Whether or not the application is linked to or requires other
applications; and
3. Whether the proposed use will in fact constitute a conditional use as
provided by the City's Zoning Ordinance; and
4. Whether the proposed use will be harmonious with and in accordance
with the Comprehensive Plan and the Development Ordinance; and
5. Whether the proposed development and use will be designed,
constructed, operated,and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general
vicinity, and that such use will not change the essential character of the
same area; and
6. Whether the proposed development and use will be hazardous or
disturbing to existing or future neighboring uses; and
i. Whether the proposed development and use will be serviced adequately
by essential public facilities and services such as highways, streets, police
CONDITIONAL USE PERMIT - 1
and fire protection, drainage structures, refuse disposal, water, or sewer
service, or that the applicant or persons responsible for the
establishment of the proposed conditional use shall be able to provide'
adequately any such services; and
S. Whether the proposed development or use will create excessive
additional requirements at public costs for public facilities and services
and will not be detrimental to the economic welfare of the community;
and
9. Whether or not the proposed development or use will involve uses,
activities, processes, materials, equipment and conditions of operation
that will be detrimental to any persons, property or the general welfare
by reasons of excessive production of traffic, noise, smoke, fumes, glare
or odors; and
10. Whether or not the proposed development or use will have vehicular
approaches to the subject property which shall be so designed as not to
create an interference with traffic on surrounding public streets; and
11. Whether or not the proposed development will result in the destruction,
loss or damage of natural or scenic feature of major importance; and
12. In the event conditions exist that result in an adverse effect upon
persons or property in the area or upon public services in relation to
items 3-11 above, whether or not there are reasonable conditions that
can be attached to a Conditional Use Permit that will:
a. Minin-dze adverse impact on other development; and/or
b. Control the sequence and timing of development; and/or
C. Control the duration of development; and/or
d. Assure that the development is maintained properly; and/or
e. Designate the exact location and nature of the development;
and/or
Require the provision of on-site public facilities or services; and/or
CONDITIONAL. USE PERMIT - 2
g. Require more restrictive standards than those generally required,
in the City's Subdivision and/or Development Ordinance.
Applicant response to the Administrator's report.
Any other public input.
Deliberation and possible action by City Council:
The Council must consider the requirements of § 11-2-419 Municipal Code
and decide and state:
1. Whether the proposed use will in fact constitute a conditional use as
provided by the City's Zoning Ordinance; and
2. Whether the proposed use will be harmonious with and in accordance
with the Comprehensive Plan and the Development Ordinance; and
3. Whether the proposed development and use will be designed,
constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general
vicinity and that such use will not change the essential character of the
same area; and
4_ Whether the proposed development and use will be hazardous or
disturbing to existing or future neighboring uses; and
S. Whether the proposed development and use will be serviced adequately
by essential public facilities and services such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water, or sewer
or that the applicant or persons responsible for the establishment of the
proposed conditional use shall be able to provide adequately any such
services; and
b. Whether the proposed development or use will create excessive
additional requirements at public costs for public facilities and services
and will not be detrimental to the economic welfare of the community;
and
CONDITIONAL USE PERMIT - 3
7. Whether or not the proposed development or use will involve uses,
activities, processes, materials, equipment and conditions of operation
that will be detrimental to any persons, property or the general welfare
by reasons of excessive production of traffic, noise, smoke, fumes, glare
or odors; and
8. Whether or not the proposed development or use will have vehicular
approaches to the subject property which shall be so designed as not to
create an interference with traffic on surrounding public streets; and
9. Whether or not the proposed development will result in the destruction,
loss or damage of natural or scenic feature of major importance; and
10. In the event conditions exist that result in adverse affect upon persons
or property in the area or upon public services in relation to items 3-11
above whether or not there are reasonable conditions that can be
attached to a Conditional Use Permit that will:
A. Minimize adverse impact on other development; and/or
B. Control the sequence and timing of development; and/or
C. Control the duration of development; angor
D. Assure that the development is maintained properly; and/or
E. Designate the exact location and nature of the development;
and/or
F. Require the provision of on-site public facilities or services; and/or
G. Require more restrictive standards than those generally required,
in the City's Subdivision and/or Development Ordinance.
CONDITIONAL USE PERMIT - 4
Possible action by the City Council:
IN Continue or table the proceedings. Council may request studies from
the Planning and Zoning staff or public agencies concerning social,
economic, fiscal or environmental effects of the proposed conditional use
[§ 11-2-41811(3)1;or
Im Deny the application because the evidence established that:
1. the proposed use will not in fact constitute a conditional use as
provided by the City's Zoning Ordinance; and/or
2. the proposed use will not be harmonious with and in accordance
with the Comprehensive Plan and the Development Ordinance;
and/or
3. The conditions east that result in adverse affect upon persons or
property in the area or upon public services in relation to items
3-11 above and there are not sufficient reasonable conditions that
can be attached to a Conditional Use Permit to eliminate or
satisfactorily reduce the adverse affect.
Grant the Application subject to reasonable conditions that can be
attached to a Conditional Use Permit to eliminate or satisfactorily
reduce the adverse affect upon persons or property in the area or upon
public services in relation to items 3-11 above.
Form of Motion:
I move that the City Council.
I. [approve, conditionally approve, deny, continue for additional study/
the Application for Conditional Use Permit; and
2. That the City Attorney draft Findings of Pact and Conclusions of Law
and Order of Decision in conformance with our findings and decisions
announced and to submit the same to our next regularly scheduled
Council meeting for consideration of adoption.
ey/Ct:VyWeridian 15360KCondUseReq.Pro
CONDITIONAL USE PERMIT - 5
z
r
Request: Final Plat Approval
§ 11 -9-604 Municipal Code
To: Mayor and City Council
From: City Attorney, Bill Gigray
Procedure:
Council action without Public Hearing:
Administrator. shall report on the Administrator's review of the Final, Plat
which should include [ § 11-9-604] :
1. That a completed application for Final Plat has been submitted which includes all
of the requirements of a final plat application and is in conformance with the
City's Zoning and Subdivision Ordinances; and
2. The final plat meets with all of the requirements of the approved or conditionally
approved preliminary plat; and
I A review of concerns raised by concerned persons or agencies; and
4. Specify any special conditions or recommendations of conditions of approval.
Possible action by the City Council:
Deny the application because
A. the proposed Final Plat does not include all of the requirements of a final
plat application and/or
B. is not in conformance with the City's Zoning and Subdivision Ordinances
and/or
FINAL PLAT APPROVAL
PROCEDURE -1
C. has not met all of the requirements of the approved or conditionally
approved preliminary plat, and/or
D. there are concerns raised by persons or agencies that are sufficient grounds
for denial based upon Comprehensive Plan or City Zoning and/or
Subdivision ordinance criteria.
Approve the final plat subject to conditions which should be specified ; or
Approve without conditions.
Fom-i of Motion:
I move that the City Council:
[approve, conditionally approve, deny, continue(45 day max)]the final plat
(identify the plat submitted for approval) [and the conditions of approval
are: (specify) ]
2. That the City Attorney prepare the appropriate Order in conformance with this
decision; and
3. That the Mayor be empowered to sign the same as a ministerial act necessary to
carry out this decision; and
4. That the City Clerk serve a copy of the Order upon the Applicant, the Planning
and Zoning Director, and any interested party requesting notice of decision.
C:1MWMeridian 15360M\Fina1PlaLPtq.Pro
FINAL PLAT APPROVAL
PROCEDURE - 2
Request: Preliminary Plat Approval
§§ 11-9-603-604 Municipal Code
To: Mayor and City Council
From: City Attorney, Bill Gib ay
Procedure:
PublicHearing:
Administrator shall. report on the status of the application
which should include [§§11-9-603=604]:
1. That a completed application for preliminary plat has been submitted,
includes all of the requirements of a preliminary plat application, and is
in conformance with the City's Zoning and Subdivision Ordinances; and
2. Whether the application is part of a series of subdivision applications
angor whether any other applications for permits such as variance, or
conditional use pen -nit etc. are required; and
I Why the proposed development is or is not in conformance with the
Comprehensive Plan; and
4. Describe the preliminary plat location and the circumstances of the
vicinity and specify whether or not there are urban services available to
accommodate the proposed development, whether or not the application
is in continuity within the City's Capital improvement program,
whether or not there is public financial capability of supporting services
for the proposed development and any health, safety, or environmental
problems that are associated with the development; and
S. Review the action and recommendation of the Planning and Zoning
Commission; and
6. Specify any special conditions or recommendations of conditions of
PRELIMINARY PLAT APPROVAL REQUEST
PROCEDURES - 1
approval.
Applicant response to the Administrator's report.
Any other public input.
Deliberation and possible action by City
Council:
The Council must consider the requirements of the City's Subdivision
Ordinance; and
Whether or not the proposed development is or is not in conformance with the
Comprehensive Plan; and -
Whether or not there are urban services available to accommodate the
proposed development; and
Whether or not there is continuity of the proposed development within the
City's Capital improvement program, and
Whether or not there is public financial capability of supporting services for
the proposed development; and
Whether or not there are any health, safety, or environmental problems that
are associated with the development.
Possible action by the City Council:
Continue the public hearing and order the negotiation of items of the
Preliminary Development Plan pursuant to § 11-9-604E .5 of the
Municipal Code (note 45 day limit); or
Deny the application because:
PRELINUNARY PLAT APPROVAL. REQUEST
PROCEDURES - 2
a. the proposed development does not conform with the
Comprehensive Plan; and/or
b. it does not comply with the Subdivision and/or Zoning Ordinance
requirements or urban services are not available; and/or
C. it is not in continuity to the City's Capital improvement
program; and/or
d_ there is not public financial capability to support services; and/or
e. there are health, safety, and/or environmental problems.
Approve the preliminary plat subject to conditions which should be
specified; or
Approve without conditions.
Form of Motion:
Z move that the City Council:
1. [approve, conditionally approve, deny, continue(45 day max)] the final
plat (identify the plat submitted for approval) [and the conditions of
approval are: (specify) ]
2. That the City Attorney prepare the appropriate Order in conformance
with this decision; and
3. That the Mayor be empowered to sign the same as a ministerial act
necessary to carry out this decision; and
4. That the City Clerk serve a copy of the Order upon the Applicant, the
Planning and Zoning Director, and any interested party requesting
notice of decision.
Order upon the Applicant, the Planning and Zoning Director, and any
interested party requesting notice of decision. [note on order to include
approval period language of § 11-9-604 F (1)-(3)]
PRELIMINARY PIAT APPROVAL REQUEST
PROCEDURES - 3 ey/G:1V1Meridian 15360WmUnxPLatReq.Pro
Request: 'Variance
11-2-419 Municipal Code
To: Mayor and City Council
From: City Attorney, Bill Gib ay
Procedure:
PublicHearing:
Administrator shall report on the status of the application which should
include:
Identify the City Subdivision and/or Development Ordinance from
which a variance is sought; and
2. Review the facts of any claimed special circumstances or conditions
affecting the property that are the basis for the request for variance, and
any facts that establish that it would clearly be impracticable or
unreasonable to comply; and
3. Review of any unusual topography, the nature and condition of adjacent
development, and/or other physical conditions or other conditions if
any, that make strict compliance with the City's Subdivision and/or
Development Ordinance unreasonable under the circumstances; and
4. Review whether the circumstances of this application present a situation
where the conditions and requirements of the Subdivision and/or
Development Ordinance will result in inhibiting the achievements or the
objectives of those Ordinances; and
5. Review of facts relative to the effect granting the application would have
upon the public's welfare and/or injury to other property in the area of
the application; and
6. A review of facts relative to the application which would alter the intent
VARIANCE REQUEST
PROCEDURE- I
and purpose of the Subdivision and/or Development Ordinance and the
City's Comprehensive Plan which would result by a granting of the
application; and
. Whether or not the matter should be sent to the Planning and Zoning
m
Comission for review.
Applicant response to the Administrator's report.
Any other public input.
Deliberation and possible action by City
Council:
The Council must consider the requirements of the City's Subdivision and/or
Development Ordinance and must state conclusions and supportive reasons
regarding the following standards and conditions as follows:
Whether or not there are such special circumstances or conditions
affecting the property that the strict application of the provisions
of the Subdivision and/or Development Ordinance would clearly
be impracticable or unreasonable; and
2. Whether or not strict compliance with the requirements of the
Subdivision and/or Development Ordinance would result in
extraordinary hardship to the owner, subdivider or developer
because of unusual topography, or the nature or condition of
adjacent development, or other physical conditions or other
conditions that make strict compliance with the Ordinance
unreasonable under the circumstances, or that the conditions and
requirements of the Ordinance will result in inhibiting the
achievements or the objectives of the Ordinance; and
I Whether or not granting the requested variance will be
detrimental to the public's welfare or injurious to other property
in the area of the proposed development; and
4. Whether or not the granting of the variance will have the effect of
VARIANCE REQUEST
PROCEDURE- 2
altering the intent and purpose of the Subdivision and/or
Development Ordinance and/or the City's Comprehensive Plan.
Possible action by the City Council:
IM Continue or table the public hearing (note 45 day limit) ; or
Direct that the application for Variance go before Planning and Zoning
Commission [§ 11-2-419 D]; or
IM Deny the application because there is insufficient evidence to find that:
There are such special circumstances or conditions affecting the
property that the strict application of the provisions of
Subdivision and/or Development Ordinance would clearly be
impracticable or unreasonable; and/or
2. Strict compliance with the requirements of the Subdivision and/or
Development Ordinance would result in extraordinary hardship
to the owner, subdivider or developer because of unusual
topography, or the nature or condition of adjacent development,
or other physical conditions or other conditions that make strict
compliance with the Ordinance unreasonable under the
circumstances, or that the conditions and requirements of the
Ordinance will result in inhibiting the achievements or the
objectives of the Ordinance; and/or
3. The requested variance will not be detrimental to the public's
welfare or injurious to other property in the area of the proposed
development; and/or
4. The granting of the variance will not have an effect of altering the
interest and purpose of the Subdivision and/or Development
Ordinance and/or the City's Comprehensive Plan.
Approve the variance subject to conditions which should be specified.
Approval should be based upon the fact that there is a sufficient
showing in the evidence that:
VARIANCE REQUEST
PROCEDURE- 3
I. There are such special circumstances or conditions affecting the
property that the strict application of the provisions of
Subdivision and/or Development Ordinance would clearly be
impracticable or unreasonable; and/or
2. Strict compliance with the requirements of the Subdivision and/or
Development Ordinance would result in extraordinary hardship
to the owner, subdivider or developer because of unusual
topography, or the nature or condition of adjacent development,
or other physical conditions or other conditions that make strict
compliance with the Ordinance unreasonable under the
circumstances, or that the conditions and requirements of the
Ordinance will result in inhibiting the achievements or the
objectives of the Ordinance; and/or
3. The requested variance will not be detrimental to' the public's
welfare or injurious to other property in the area of the proposed
development; and/or
4. The granting of the variance will not have an effect of altering the
interest and purpose of the Subdivision and/or Development
Ordinance and/or the City's Comprehensive Plan.
Approve without conditions which should be based upon the fact that
there is a sufficient showing in the evidence as stated above for approval
with conditions.
Form of Motion:
I move that the City Council:
1. [approve, conditionally approve, deny, continue(45 day max)] the
Application for Variance ; and
2. That the City Attorney draft Findings of Fact and Conclusions of
Law and Order of Decision in conformance with our findings and decisions
announced and to submit the same to our next regularly scheduled Council
meeting for consideration of adoption.
£y/G:WWeridian 15360M\VarianceReq.Pro
VARIANCE REQUEST
PROCEDURE- 4
Request: Zoning Amendment Application
Idaho Code §§ 67-6511
Municipal Code § 11-2-41.6
To: Mayor and City Council
From: Sill Gigray, City Attorney
Procedure:
Public Hearing:
Administrator shall report on the status of the application which should
include [Idaho Code §§ 67-6511 and Municipal Code § 11-2-416]:
L That notice of the public hearing has been given in accordance with
state law and City Ordinance provisions; and
2. Completely review the recommendation of the Planning and Zoning
Commission on the proposed annexation and zoning.
3. Review whether or not a development agreement is recommended and a
review of its terms and conditions.
4. Review any other applications that are linked to the subject application.
Applicant responds to the Administrator's report and any other relevant
information
Public testimony either for or against the request.
Deliberation and possible action by City Council.:
The Council must consider the requirements of the State Law for annexation
and zoning as well as the City Ordinances which include the following issues:
ZONING AMENDMENT REQUEST
PROCEDURE - I
Notice of public hearing given in accordance with law; and
2. Completed application has been filed; and
3. The subject zoning designation and proposed development is in
accordance with the Comprehensive Plan; and
4. The proposed development and use is allowed in the requested zoning
designation; and
5. Any other required applications and permits required; and
6. Development considerations which are to be taken into account in order
to assure that the proposed development is designed, constructed,
operated and maintained in a manner which is harmonious and
appropriate in appearance with the existing or intended character of the
general vicinity, in order to ensure that the proposed use will not change
the essential character of the affected vicinity/area and will ensure that
the proposed uses will not be hazardous or disturbing to the existing or
future neighboring uses and in particular considering the impact of the
proposed development potential to produce excessive traffic, noise,
smoke, fumes, glare or odors; and
7. Considerations to ensure that the area will have vehicular approaches to
the property which shall be so designed as not to create an interference
with traffic on surrounding public streets; and
8. Consideration of comment from governmental subdivisions providing
services and with concern to prevent any additional cost to the public
for public facilities and services required for the proposed development;
and
9. Consideration to avoid the destruction, loss or damage of natural or
scenic features.
ZONING AMENDMENT REQUEST
PROCEDURE -2
Possible Action by the City Council:
Im Continue the public hearing and request for more information and the
public hearing continued to a date certain [70 day limit § 11-2-416 F2];
or
Accept the recom.anendations of the Planning and Zoning
Commission and request that findings of fact and conclusions of law and
the appropriate ordinance/development agreement etc. be prepared by
the City Attorney and submitted for the Council's further deliberation
at the next regularly scheduled Council Meeting; or
Modify the recommendations of the Planning and Zoning
Commission in accordance with the determination of the Council and
request that findings of fact and conclusions of law and the appropriate
ordinance, Development agreement etc. be prepared by the City
Attorney and submitted for the Council's further deliberation at the
next regularly scheduled Council Meeting; or
Deny the zoning amendment application request and request that
findings of fact and conclusions of law be prepared by the City Attorney
and submitted for Council's further deliberation at the next regularly
scheduled Council meeting.
ey/G.-VA feridian 15360M\ZonxmendReq.Pro
ZONING AMENDMENT REQUEST
PROCEDURE - 3
Prepared by:
White, Peterson, Pzuss, Morrow & Gigray, P.A.
Attorneys at Law