21-1925 City Code regarding requst for reconsideration of a Land Use Decision Item#28.
CITY OF MERIDIAN ORDINANCE NO. 21-1925
BY THE CITY COUNCIL: BERNT, BORTON, CAVENER,
HOAGLUN, PERREAULT, STRADER
AN ORDINANCE AMENDING TITLE 1, CHAPTER 7, SECTION 10, OF THE MERIDIAN
CITY CODE, REGARDING THE PROCEDURE FOR A REQUEST FOR
RECONSIDERATION OF A LAND USE DECISION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS; the Mayor and City Council are empowered to make land use decisions on
behalf of the City pursuant to Title 67, Chapter 65 of the Idaho Code (Local Land Use Planning Act)
and Title 11 of the Meridian City Code (Unified Development Code); and
WHEREAS; Meridian City Code 1-7-10 establishes the procedure to request reconsideration
of a final decision of the City Council on a land use decision; and
WHEREAS; clarification is necessary to assure that service and notice is properly filed and
processed with the appropriate City Department;
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 amended 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-,4ke
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, in accordance with the provisions of this
section.
2. Such request must be in writing and filed by personal service to the City Clerk within
fourteen(14) days of the final approval. Failure to timely or personally serve the City Clerk shall be
a valid basis for summary denial of the request without consideration by City Council. The party
filingthe he request for reconsideration shall provide a copy of the request to the City Community
Development Department and City Attorney's Office
3. The request must identify specific deficiencies in the decision for which reconsideration is
sought.
4. If the request is timerproperly filed, b t�Pplicant or affected person, and meets the
requirement of identifying specific deficiencies in the land use decision, the City Getineil Clerk shall
schedule the request to be lid considered at a regularly scheduled meeting of the City Council.
AMENDING MCC 1-7-10 RE:THE PROCEDURE FOR A REQUEST FOR RECONSIDERATION OF A LAND USE DECISION page 665
Item#28.
5. The City Clerk shall provide to the party filingthe he request for reconsideration notice of the
date, time, and place of the meeting at which City Council will consider the request will be r,-ov to l
to appellant when the« est..will be scheduled to be c side ed
6. In considering the request for reconsideration, City Council shall take no new
evidence or testimony,but shall confine its decision to the record as it relates to the written request
will be all.,.;;Ve At.th- City Council,sooting
7. At the City Getineil meeti R, Following consideration of the request, the Council slhaff
consider the written r t4 an may affirm, reverse, or modify its decision, after e ,.,1;.nee• wi
the—applieable pr-ee€ standards. 8. if neeess the or Council may direct a new public
hearing on the decision and all the procedures and notices that are neeessar-y will be d0fie PFiE)r-t
new p4lie hear-in .
97. Within sixty(60) days of the City Clerk's receipt of the request for reconsideration, the
City Attorney, s�prepare, and the City Clerk shall provide to the party requesting reconsideration,
aA written decision on n'Tcll �% idea to the a ella*t within s xt-y(60) days e the request.
Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this
ordinance are hereby voided.
Section 3. That this ordinance shall be effective immediately upon its passage and
publication.
PASSED by the City Council of the City of Meridian, Idaho, this 23rd day of March, 2021.
APPROVED by the Mayor of the City of Meridian, Idaho, this 23rd day of_March, 2021.
APPROVED: ATTEST:
Robert E. Simison, Mayor Chris Johnson, City Clerk
AMENDING MCC 1-7-10 RE:THE PROCEDURE FOR A REQUEST FOR RECONSIDERATION OF A LAND USE DECISION page 666
Item#28.
CERTIFICATION OF SUMMARY:
William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary
below is true and complete and upon its publication will provide adequate notice to the public.
William L. M. Nary, City Attorney
SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 21-1925
An ordinance amending Title 1, Chapter 7, Section 10, of the Meridian City Code, regarding the
procedure for a request for reconsideration of a land use decision; and providing an effective date.
AMENDING MCC 1-7-10 RE:THE PROCEDURE FOR A REQUEST FOR RECONSIDERATION OF A LAND USE DECISION page 667
ADVERTISING PROOF
PRESS �p
MER7DfAN PREmS PO Box 9399
Lo��News w=<h Holden Emmert 1618 N Midland Blvd, 83651,
BO�SEWEEKLY Messenger Nampa,ID 83652
/ndex
Ph. (208)465-8129 Fax: (907)452-5054
BILLING DATE: ACCOUNT NO: LEGAL NOTICE
03/27/21 21410 SUMMARY OF CITY OF
MERIDIAN ORDINANCE
NO.21-1925
ADRIENNE WEATHERLY An ordinance amending Title
1 MERIDIAN, CITY OF 1,Chapter7,Section 10,of the
33 E. BROADWAYAVENUE Meridian City Code, regarding
MERIDIAN, ID 83642 the procedure for a request for
reconsideration of a land use
decision; and providing an ef-
fective date.
April 2,2021 85454
AD# DESCRIPTION START STOP TIMES AMOUNT
85454 ORD 21-1925 04/02/21 04/02/21 1 $16.10
Payments:
Date Method Card Type Last 4 Digits Check Amount
Discount: $0.00 Gross:$16.10
Surcharge: $0.00 Paid Amount:$0.00
Credits: $0.00
Amount Due:$16.10
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AD#85454
AFFIDAVIT OF PUBLICATION
STATE OF IDAHO
County of Ada
21410 85454
1 MERIDIAN, CITY OF SHARON JESSEN
of the State of Idaho, being of first duly sworn, deposes
33 E. BROADWAY AVENUE and says:
MERIDIAN, ID 83642 1.That I am a citizen of the United States, and at all
times hereinafter mentioned was over the age of
eighteen years, and not a party to the above entitled
action.
LEGAL NOTICE
2.That I am the Principle Clerk of the Meridian Press,
SUMMARY OF CITY OF
MERIDIAN ORDINANCE
a week/ newspaper published in the State of Idaho;
Y news P P
NO.21-1925
that the said newspaper is in general circulation in the
An ordinance amending Title
said county of Ada, and in the vicinity of Meridian,
1, Chapter7, Section 10, of the
Meridian City Code, regarding
Idaho and has been uninterruptedly published in said
the procedure for a request for
reconsideration of a land use
County during a period of seventy -eight consecutive
decision; and providing an ef-
fective date.
weeks prior to the first publication of this notice, a
April 2, 2021 85454
copy of which is hereto attached.
3.That the notice, of which the annexed is a printed
copy, was published in said newspaper 1 times(s)
in the regular and entire issue of said paper, and
was printed in the newspaper proper, and not in a
supplement
That said notice was published the following: 04/02/2021
SHARON JESSIx,,Y
STATE OF IDAHO
County of Canyon and Ada
On this 2nd day of April, in the year of 2021 before me a
Notary Public, personally appeared. SHARON JESSEN,
known or identified to me to be the person whose name is
subscribed to the within instrument, and being by me first
duly sworn, declared that the statements therein are true,
and acknowledge to me that he/she executed the same.
r+n+rr►
Notary Public of Idaho/ZX/'OTA/4)M commission expire
y
AD# 85454