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Home My WebLink About545 Annexation in Area of Impact ORDINANCE N0. ~`' ~.~ AN ORDINANCE OF THE CITY OF MERIDIAN PROVIDING FOR THE REPEAL OF CHAPTER 13, TITLE 1. AREA OF CITY IMPACT, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN AND RE-ENACTING SAID CHAPTER 13, TITLE 1, AREA OF CITY IMPACT WHICH SHALL PROVIDE FOR A PURPOSE; CONSIDERATION; MERIDIAN AREA OF CITY IMPACT BOUNDARY MAP; ANNEXATION IN THE AREA OF IMPACT; APPLICABLE PLAN POLICIES AND ORDINANCES; COORDINATION OF PLAN AMENDMENTS, ORDINANCE AMENDMENTS AND ZONING APPLICATIONS; AND RENEGOTIATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 67-6526, Idaho Code, requires that the City of Meridian and the County of Ada adopts an area of city impact and to provide which governmental entity's comprehensive plan and zoning and subdivision ordinances shall apply within the area of city impact; and whereas the City of Meridian and the County of Ada have previously established an area of city impact and have met the requirements of Section 67-6526, Idaho Code; and WHEREAS, Section 67-6526, Idaho Code, provides for a AMBROBE, FIT2GERALD 6 CROOKBTON Attorrreya end Counselors P.O. Boa a27 MerlGlen, IENo 87812 TelsD~one B88-N81 renegotiation procedure and process for making changes to the area of impact and which governmental entity's comprehensive plan and zoning and subdivision ordinances shall apply within the area of city impact; and whereas the City of Meridian and the County of Ada have met the renegotiation procedure and process and have agreed to change the area of impact and have agreed to change which entity's comprehensive plan and zoning and subdivision ordinances shall apply in the area of city impact; and WHEREAS, the City Council and the Planning and Zoning Commission have held and conducted public hearings on the conclusions of law; and whereas the adoption of the area of changes and have approved and adopted findings of fact and impact and applicable ordinances is a legislative function; and WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interests of the City to change the area of city impact and which comprehensive plan shall apply and which zoning and subdivision ordinances shall apply within the area of city impact and in that regard have concluded that it is in the best interest of the City to repeal Chapter 13, Title 1, Area of City Impact, of the Revised and Compiled Ordinances of the City of Meridian and to re-enact said chapter, and such to be effective upon approval hereof, NOW THEREFORE, BE IT ORDAINED BY THE MAYOR OF THE CITY OF MERIDIAN, AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, SECTION 1: That Chapter 13, Title i, Area of City Impact, of the Revised and Compiled Ordinances of the City of Meridian is hereby repealed. SECTION 2: That Chapter 13, Title 1, of the Revised and Compiled Ordinances of the City of Meridian is hereby re- enacted, shall be known as "AREA OF CITY IMPACT", and shall read as follows: "1-1301: PURPOSE: AMBROSE. FITZGERAID BCROOKSTON Attorneys e~M COYONIOni p.o. ao. ~zT Mer101en, IGNo 83812 TslaplwN BBB~181 The purpose of establishing an area of city impact is to identify a logical urban fringe area adjoining the City of Meridian. The urban fringe area is realizing, or will realize, development pressure that must be planned for in an orderly manner. Section 67- 6526, Idaho Code, requires that cities and counties negotiate an area of city impact. i-1302: CONSIDERATION: The following factors were considered by the Planning and Zoning Commission and the City Council in the establishment of an area of impact: (A) Trade area; (B) Geographic factors; and (C) Areas that can reasonably be expected to be annexed in the future. 1-1303: MERIDIAN AREA OF CITY IMPACT BOUNDARY: (A) The Meridian Area of City Impact is the area designated on the Meridian Area of City Impact Boundary Map, attached hereto and by this reference fully incorporated herein by this reference, copies of which are available for inspection and delivery at the City Clerk's office. (B) In case a property under single ownership is divided by the boundary line of the Meridian Area City Impact and the line divides such property so that one or both of the parts has a depth of three hundred feet (300') or less, such part may be included in the jurisdiction within which the remainder and larger portion of the property is located. 1-1304: ANNEXATION, AREA OF IMPACT: AMBROSE, FI72GERALD BCROOKBTON Attomeya eM GOYRNIOIa P.O. Bow ~Y7 MarIGIN, IEeNo i738aY Tslepfwne BBB~Mt (A) Annexation by the City of Meridian shall be limited to those lands lying within the area of impact and being contiguous to the city limits of the City of Meridian. (B) Upon annexation, the provisions of this ordinance, which is the agreement between the City of Meridian and Ada County, shall no longer apply to the annexed area. 1-1305 APPLICABLE COMPREHENSIVE PLAN POLICIES AND ORDINANCES: (A) The Meridian Comprehensive Plan as amended by the City of Meridian on July 17, 1990, shall apply to the Meridian Area of City Impact. (B) All subdivision plats, for land situated within the area of impact, shall be submitted to the City of Meridian for approval, in addition to Ada County for approval, as provided in Idaho Code Section 50-1306. AMBROSE, FITZGERALD dCROOKSTON Attomsye entl Counselors P.O. Box 431 Meritllen, Itlal~o 83842 TelePliona 8884481 (C) All subdivision plat applications in the Urban Service Planning Area of the City of Meridian for land zoned by Ada County as RT (Rural Transition) shall require a street and utility easement plan. Said plan shall provide for future resubdivision to urban densities and such easements shall be included on the final plat. This requirement may be waived if a letter is submitted to the Ada County Director of Developmental Services from the Meridian City Council prior to preliminary plat approval by the Board of County Commissioners approving the waiver, (D) A condition of approval for all subdivision plats in the Urban Service Planning Area of the City of Meridian for land zoned by Ada County as RT (Rural Transition) shall require that, prior to occupancy of the subdivisions first dwelling unit, dry line sewer and water lines shall be installed to accommodate the future resubdivision to urban densities. This requirement may be waived if a letter is submitted to the Ada County Director of Developmental Services from the Meridian City Council prior to preliminary plat approval by the Board of County Commissioners approving the waiver. (E) The Ada County Code, Title 8, the Ada County Zoning Ordinance, shall be the zoning ordinance applicable to the land in the Area of City Impact which is outside the Meridian City limits and within the boundaries of the Area of City Impact. 1-1306: COORDINATION OF PLAN AMENDMENTS, ORDINANCE AMENDMENTS AND ZONING APPLICATIONS: (A) All applications for Ada County and Meridian amendments to their respective comprehensive plans and irnplementing ordinances which apply within the Meridian Area of City Impact shall be sent by the entity considering such amendment to the other entity. A separate Referral Process shall be adopted by resolution by each entity regarding procedures and tune periods for, and the effect of, sending such amendments, and such resolution may be amended from time to time upon mutual agreement in writing by Ada County and the City of Meridian. (B) All Ada County applications for planned developments, subdivisions, rezones, private roads, and conditional use permits within the Meridian Area of City Impact shall be sent to Meridian, in accordance with the Referral Process arrived at pursuant to subsection A above. 1-1307: RENEGOTIATION: (A) In accordance with Idaho Code Section 67-6526 (d), the Meridian City CounciTT or the Board of Ada County Commissioners may request, in writing, renegotiation of any provision of this Chapter at any time. Within thirty (30) days of receipt of such written request by either party, a meeting between the two (2) jurisdictions shall occur. (B) While renegotiation is occurring, all provisions of this Chapter shall remain in effect until this Chapter is amended or a substitute ordinance is adopted by Meridian and Ada County, in accordance with the notice and hearing procedures provided in the Meridian ordinances and Idaho Code Section 67-6526, or until a declaratory judgment ~'-ro`m the District Court is final. Provided, however, that this Chapter or stipulated portions thereof shall be of no further force and effect if both jurisdictions so agree by mutually adopted resolution or ordinance. SECTION 3: EFFECTIVE DATE: WHEREAS, there is an emergency therefore, which emergency is hereby declared to exist, this Ordinance shall take effect and be in force and effect from and after passage, approval and publication as required by law and upon passage, approval and publication of the adjunct Ada County Ordinance. PASSED By the City Council and approved by the Mayor of the C~ty of Meridian, Ada County, Idaho, this ~~Q~~ day of ~~d Jc~l ~ ~ r 1990. APPROVED: ~~~~'"LLIc.~K`lN Fd~`~ ~J1~lb~ AMBROBE, FITZG ERALD b CROOKSTON Attomeye Intl Counaslors P.O. Box 1Y7 Msrlolan, VINO B3B/P TsISDKOne 8B6J~B1 ATTEST: ~~~ i aJ ck ,N~em inn, i y~ ' e~ c E - - -- ~ '~ , ~ i y _ _ ~ ~ ~ ~~ , ~ ' L ~ "` ~ - e ~ r r - , i ~ - ,erg ~ r s ' ~ ~.' ~ j •'•~.• ~ , ~ a I .• ~~ _ _ F _ ~ _ ~ i ~ ~` i I ~ .L ~ i i` ^ 1 ~ - \ ~ ' ~" i ~ ,` I rr }}}ggSl I ¢I _ _ - ~ ~ I -=_ ~ ~ ~~ ern utw Ilfi~~ over vsu~u ~ ^ iii~ur. Ova wum.c uc. J m. um ~eus..r E