16-1685 Request for ReconsiderationCITY OF MERIDIAN ORDINANCE NO. � �0 - 16 S -5
BY THE CITY COUNCIL: BIRD, BORTON, CAVENER,
MILAM, PALMER, LITTLE ROBERTS
AN ORDINANCE REPEALING AND REENACTING TITLE 1, CHAPTER 7,
SECTIONS 10, MERIDIAN CITY CODE, REPEALING REQUEST FOR
RECONSIDERATION AND REENACTING AS PROCEDURE FOR REQUEST FOR
RECONSIDERATION; PROVIDING FOR A WAIVER OF THE READING RULES;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS; the Idaho Code in Title 67, Chapter 65 et.seq, commonly referred to as the
Local Land Use Planning Act (LLUPA) establishes the framework for local jurisdictions to make
all land use decisions within their jurisdiction; and
WHEREAS; LLUPA establishes a limited right to request reconsideration of a land use
decision; and
WHEREAS; Meridian City Code had previously established a request for consideration
criteria and procedure that is now preempted by the Idaho Code; and
WHEREAS; the Idaho Code allows City's to establish their own process on how request
for reconsideration can be heard by the City Council;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF MERIDIAN, IDAHO:
Section 1: That Title 1, Chapter 7, Section 10 is hereby repealed and reenacted as
follows:
1-7-10: PROCEDURE FOR REQUEST FOR RECONSIDERATION:
A. Pursuant to Idaho Code 67-6535 (Local Land Use Planning Act) regarding a request
for reconsideration of a City Council land use decision the following procedure must
be strictly followed:
1. After final approval of the findings of facts, conclusions of law, decision, and
order, the appellant, who may be any applicant or affected person, as defined by
Idaho Code, may request reconsideration of the final decision of the City Council.
2. Such request must be in writing and filed with the City Clerk within fourteen (14)
days of the final approval.
3. The request must identify specific deficiencies in the decision for which
reconsideration is sought.
4. If the request is properly filed and meets the requirement of identifying specific
deficiencies in the land use decision, the City Council shall schedule the matter to
be heard at a regularly scheduled meeting of the City Council.
PROCEDURE FOR REQUESTS FOR RECONSIDERATION - TITLE 1, CHAPTER 7, SECTION 10 PAGE 1 OF 3
5. Notice will be provided to appellant when the request will be scheduled to be
considered.
6. No additional evidence or testimony will be allowed at the City Council meeting.
7. At the City Council meeting, the Council shall consider the written request and
may affirm, reverse, or modify its decision, after compliance with the applicable
procedural standards.
8. If necessary, the Council may direct a new public hearing and all the procedures
and notices that are necessary will be done prior to a new public hearing.
9. A written decision shall be provided to the appellant within sixty (60) days of the
request.
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Section 2: That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the
Members of the full Council, the rule requiring two (2) separate readings by title and one (1)
reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall
be in full force and effect upon its passage, approval and publication.
PROCEDURE FOR REQUESTS FOR RECONSIDERATION - TITLE 1, CHAPTER 7, SECTION 10 PAGE 2 OF 3
PASSED by the City Council of the City of Meridian, Idaho, this_61L day of
2016.
(� APPROVED by the Mayor of the City of Meridian, Idaho, this -&-L day of
C\ "- ' \ _, 20:16.
TEOA&, ATTEST:
Tammy e W erd, MayorANO
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4 Y'-
Jacy Jon s, City Clerk
PROCEDURE FOR REQUESTS FOR RECONSIDERATION - TITLE 1, CHAPTER 7, SECTION 10 PAGE 3 OF 3
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50.901(A)
CITY OF MERIDIAN ORDINANCE NO. 16- t
An Ordinance of the City of Meridian Repealing and Reenacting Title 1, Chapter 7, Section 10,
Meridian City Code, Repealing Request for Reconsideration and Reenacting as Procedure for
Request for Reconsideration; Providing for a Waiver of the Reading Rules; and Providing an
Effective Date.
A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East
Broadway Avenue, Meridian, Idaho. This ordinance shall become effective upon the passage
and publication.
City of Meridian
Mayor and City Council
By: Jacy Jones, City Clerk
First Reading: - 1
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Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-
902: YES Y NO
Second Reading:
Third Reading:
STATEMENT OF MERIDIAN CITY ATTORNEY .AS TO ADEQUACY OF SUMMARY
OF ORDINANCE NO. ®1
The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho,
hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached
Ordinance No. 16- of the City of Meridian, Idaho, and has found the same to
be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-
901A (3).
DATED this q day of April, 2016.
William. L.M. Nary
City Attorney
PROCEDURE FOR REQUESTS FOR RECONSIDERATION - TITLE 1, CHAPTER 7, SECTION 10