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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 We Appreciate Your Business! 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