08-1366 City Code Reconsideration of Final DecisionCITY OF MERIDIAN ORDINANCE NO. o$` ~ 3~.0 ~.0
BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA
AN ORDINANCE ADDING TITLE 1, CHAPTER 7, SECTION 10, MERIDIAN CITY
CODE, REGARDING REQUEST FOR RECONSIDERATION FOR ,FINAL DECISIONS
OF TH~E MERIDIAN CITY COUNCIL OF THE CITY OF MERIDIAN; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and Council have the authority pursuant to Idaho State Code and
the Meridian City Code to make final decisions on land use matters; and
WHEREAS, affected parties have the ability to appeal adverse decisions to the Court of
appropriate jurisdictions; and
WHEREAS, the City Council has the authority to implement procedural due process
steps in its ordinances to assist affected parties with opportunity to be seen and heard by the City
Council;
WHEREAS, this additional portion of the process will not adversely affect any rights of
the parties already established by law;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF MERIDIAN, IDAHO:
Section 1. That Title 1, Chapter 7, Section 10, Meridian City Code is hereby added to
read as follows:
1-7-10: REQUEST FOR RECONSIDERATION
A. On Unified Development Code (UDC) land use application matters , that is governed by
the Local Land Use Flanning Act of the Idaho State Code, after a final decision of the City
Council is rendered, but prior to the Findings of Facts, Conclusions, of Law, Decision, and Order
are adopted a party may request the City Council reconsider their action. This step is optional
and does not need to be done to allow the party the ability to appeal a decision of the City
Council to a court of appropriate jurisdiction as allowed by Local Land Use Planning Act of the
Idaho State Code.
To make such a request a party must meet the following criteria:
1) The requesting party must have been a party in the underlying action in one of the
following: the City; the property owner of the subject property; the applicant for the
project; or has presented written or oral testimony at the public hearing where the final
decision was rendered; and
2) The request must be in writing and presented to the City Clerk no more than
seven (7) calendar days after the council action and decision have been rendered; and
' 3) The request must state a basis for the request and a brief statement of issues and
decision that the requesting party is asking to be reconsidered; and
REQUEST FOR RECONSIIDERATION ORDINANCE-Page i of 3
4) The request must include but is not limited to:
(a) The party requesting reconsideration has relevant information; and
(b) The relevant information was not previously presented and is in response
to something brought up at the previous hearing; and
(c) The information was not previously available.
B. The City Council will consider the request at the next regularly scheduled meeting and
the requesting party is not required to be present. The requesting party will not have an
opportunity to address the Council; nor shall the Council invite the requesting party to provide
testimony regarding the matter. The Council may grant or deny the request. This will be the
final decision of the City Council.
C. If the City Council denies the request, the City Council will then approve the Findings of
Fact, Conclusions of Law, Decision, and Order for the affeeted project.
D. If the City Council grants the request, the requesting party rnust pay the fee for a new
public hearing within ten (10) calendar days of Council grant of reconsideration. If the payment
is not made to the City Clerk within the specified time frame, the City Council shall be notified
at their next regularly scheduled meeting and the request for reconsideration shall be rescinded.
E. All noticing shall be done in the same manner as all public hearings. If the applicant for
reconsideration is not the property owner they may post the notice of hearing sign that is required
by ordinance in the right of way, if they have permission of the appropriate authority. The City
Council may waive this requirement if necessary. The City Council shall consider all relevant
facts regarding the reasons the property has not been properly posted and rnay direct any
reasonable measures it wants to assure that the public has appropriate notice. The new hearing
shall be conducted in the same manner as all public hearings.
F. Upon payment of fees, the City Clerk will schedule a new public hearing for the
application as allowed by the Meridian City Code and all notieing requirements shall be
mandatory. The new public hearing and ultimate decision shall be a final action of the City
Council. No Request for Reconsideration may be accepted by the City Clerk on the decision of
the City Council frorn this hearing.
G. Only one request for reconsideration by any party may be sought on any project.
Section 2: That this Ordinance shall be in full force and effect upon its passage, approval and
publication.
REQUEST FOR RECONSIIDERATION ORDINANCE-Page 2 of 3
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
~Jr~ day of Sl~l'1C~ , 2008.
~ APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
3 day of ~U~ 1'1~ , 2008.
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REQUEST FOR RECONSIIDERATION ORDINANCE-Page 3 of 3