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1984 10-154a II • • A G E N D A MERIDIAN CITY COUNCIL October 15, 1984 ITEMI 1 ~i 2~ ~ 3! 4. 5: 6. Minutes of Previous.Meeting Held October 1, 1984 (APPROVED) APPROVED Minutes of Special Meeting Held October 4, 1984. ~ ~ Application for Beer & Wine License by Lewis Wright, Wright's Specialty Seafood &~Meat Market. (APPROVED) Findings of Fact and Conclusions on Meridian Impact Area. (APPROVED) Ordinace # 438: Ame:nding Gas Installation Ordinance. (APPROVED) Ordinance # 439 & 44~0 pertaining to Impact Area (APPROVED) Resolution # 90 & 91 pertaining to Impact Area (APPROVED) Department Reports. ~ ,. MERIDIAN CITY COUN~L OC~ER_ 15TH, 198 Regular meeting of the Meridian City Council called to order by Mayor Kingsford at 7:30p.in. Members Present: Councilman Brewer; Councilman Tolsma; Councilman Giesler; Councilman Myers. Others Present: Bruce Stuart; Kenny W. Bowers; Doug Nichols; Earl Ward; Lloyd Howe; Gary Smith; Gary Schaffer; LeRoy Nelson; Steve Gratton; Wayne Crookston; Bob Spencer. ' Minutes of the previous meeting held Oct. lst 1984, were approved as written. Minutes of the Special Meeting held Oct. 4, 1984 were approved as written. Mayor Kingsford read a proclamation declaring Oct 21, thru October 27, 1984 as National Business Women's Week. Item#1: Application for beer and wine license for Wright Specialty Seafood and Meat Market. Po~lice Ciiief Nichols stated there were no objections to granting this license. The motion was made by Tolsma and seconded by Myers to approve the beer and wine license for Wright Specialty Seafood and Meat Market, Lewis Wright. , Motion Carried: All Yea Item#2- Findings of Fact and Conclusions on Impact Area. The motion was made by Gi~esler and seconded by Brewer that the Meridian City Council hereby approves and adopts the Findings of Fact and Conclusions and Ordinances and Resolutions pertaining thereto. Motion Carried: Brew.er, yea; Tolsma,yea; Myers, yea; Giesler, yea; Item#3- Ordinance #438 Mayor Kingsford read, an Ordinance repeling sections 2-916 and 2-917, Title 2, Chapter 9,. Gas Installatiori and Piping, revised and com- piled ordinance of the City of Meridian, Acla County, Idaho, and re- enacting the said Sections 2-916 and 2-917, Title 2, Chapter 9, to read as set forth herein, is there anyone in the audience that wishes ordinance #438 read in its intirety? There was no response. The motion was made by Brewer and seconded by Giesler that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on. three different days be dispensed with and that Ordinance Number 438 as read be passed and approved. Motion Carried; All Yea <(2) .. . Item #4: Ordinance # 439~ and #440: Mayor Kingsford read, an Ordinance providing for the establishment and adoption of the boundry of the Area of Impact of the City of Meridian Idaho; providing for the inculsion or exclusion of property which is divided by the Area of Impact boundry, providing for a procedure for the renegotation of the Area of Impact of the City of Meridian, provid- ing for a severance clause, is there anyone in the audience that wishes Ordinance #439 read in its entirety? There was no response. The Motion was made by Tolsma and seconded by Brewer that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different.days be dispensed with and that Ordinance #439 as read be passed and approved. Motion Carried: All Yea Mayor Kingsford read, an Ordinance providinq for the application of plans and Ordinance for the Meridian Area of City Impact: Providing that Meridian will limit annexation of unincorporated land to its Area of City Impact: Applying the Ada County Comprehensive Plan rural area section to the Meridian Area of City Impact, Applying the Ada County Zoning Ordinance within tje Meridian Area of City Impact: Providing for the amendment of the~Meridian and Ada County Comprehensive Plans to be consistent with this agreement: Providing for the coordination of plan amendments, Ordinance amendments and Zoning applications, Is there anyone in the audience that wishes Ordinance #440 read in its entirety? There was no response. The Motion was made by Tolsma and seconded by Giesler that the rules and provisions of 50-902 and all rules and provisions required that Ordin- ancesbe read on three differ,ent days be dispensed with and that Ordin- ance #440 as read be passed and approved. Motion Carried: All yea. Item #5: Resolution # 90 and #91: Mayor Kingsford read, a Resolution of the City of Meridian, Idaho, approving the adoption of a referral process agreement between the City of Meridian and the County of Ada which agreement establishes procedures for amending Comprehensive Plans and policies and Zoning and Development Ordinances and the processing of Zoning and Develop- ment applications. Is the anyone in the audience that wishes Resolution # 90 read in its entirety? There was no response. The Moiton was made by Giesler and seconded by Brewer to approve Resolution #90. Motion Carried: All Yea. Mayor Kingsford read, a Resolution of the City of Meridian, Idaho approving the adoption~of two referra.l areas and a procedure for processi~n:g by Ada County of Comprehensive Plan amendment applications and Zoning amendments application which effect the two referral areas and comments by ~ii~ City qf Meridian on said applications. Is the any- one in the audience that wishes Resolution # 91 read in its entirety. There was no response.. . ~~~3~ • , • he Motion was made by Gi.esler and seconded by Myers to approve esolution #91. Motion Carried: All Yea~. Mayor Kingsford advised the Council that there was another Resolution which did not appear on the Agenda which needs acted on at this meet- ing. Resolution #92: Mayor Kingsford read, a Resolution establishing a greivance procedure for discrimination against the handicapped, setting forth that the discrimination against the handicapped is against City policy. Is there anyone in the audience that wishes Resolution #92 read in its entirety? There was no response. The Motion was made by Brewer and seconded by Tolsma to approve Etes- olution #92. tion Carried; All Yea,. Iltem#6: Department Reports: City Attorney Crookston advised the Mayor and Council that the Senior Citizens had signed a re~lease on the property at the City Park, the City had given them a Lease on. The Motion was made by.Brewer and seconded to go to Executive Session to discuss the purchase of real property at 7:45 p.m. IMotion Carried: All Yea. The Meeting reconvened at 8:00 p.m. The Motion was made by Brewer and seconded by Giesler to authorize the dispersal of funds f'or the Marks property located at 29 East Idaho in the amount of $39,500.00 plus closing costs and for the Glaisyer property located at 35 East Idaho in the amount of $42,000.00 plus closing costs. ~'Motion Carried: All Yea~~ i ,Councilman Myers advised the Mayor and Council that they were still ,:working on an agreement with the.University of Idaho for the tree ;,project at the Sewer Plant.~ Being no further business to come before the Council the Motion was made by Myers and seconded by Tolsma to adjourn at 8:04 p.m. Motion Carried: All Yea. ATTEST: APPROVED: ~ NT KINGSFOR , MAY R , City Cler `• , , ORDINANCE N0. ~~~'_ ~ AN ORDINANCE PRQ~IIDING FO~t THE APPLICATION O:F PLANS AND ORDINANCES FOR THE MERIDIAN;AREA OF CITY IM~AGT; PROVZDING THA.T MERIDIAN WILL LIMIT ANNEXATION OF UNINCORPORATED LANDS TO ITS AREA OF CITY IMPACT; APPLYING~THE'ADA COUNTY COMPREHENSIVE PLAN RURAL AREA SECTION TO THE MERIDIAN AREA OF CITY IMPACT; APPLYING THE ADA COUNTY ZONING ORDINANCE WITHIN THE MERiD3AN AREA OF CITY II~3PACT; PROVIDING FOR THE AMENDr!IENT 0~' THE NiERIDIAN AND: ADA COUNTY COMPREHEN.SIVE PLANS TO BE CONSTSTENT WITH THIS AGREEMENT; PROVIDING FOR THE COORDINATION'OF PLAN AMENDMENTS, ORDINANCE AMENDMENTS AND OF ZONING APPLICATIONS; PROy.I.D~NG FOR RENEGOTIATION OF THE PROVISIONS OF THIS ORDINANCE AND PROj1ID.ING FOR A SEVERANCE CLAUSE .~1NA EFFECTIVE DATE . WHEREAS, Section 67-6526 (a)., of Title 67, Chapter 65, Idaho Code, known as the Local Planning Act 1975, requires that the City Council of the City of Meridian, Idaho and the County Commissioners of Ada County, Idaho adopt an ordinance providing for app,li.cation of plans and ordinances for the area of city impact which ordinance shall provide for one of the following: (1) application of the city comprehensive plan and ordinances to the area of city~impact; or (2) application of the county comprehensive plan and ordinances to the area of city impact; or (3) application of any mutually agreed upon comprehensive plan and ordinances to the area of city impact; WHEREAS, Section 67-6526 (.a), Idaho Code provides that said ordinance stating; whose comprehensive plan and ordinances shall apply to the area of city impact should have been passed and approved at Teast by July l, 19-78, and that if it has not been adopted by said date Section 67-6526 (b), Idaho Code, provides ..,< that a committee:,of nine persons_.should be appointed by the City Council and the County Commissioners to make a recommendation to the Council and to the Commissioners as to whose comprehensive plans and ordinances should ap~1y to the Area of Impact; WHEREAS, said aommittee was appointed and did meet and has made a recommendation to the City Council mf the City of Meridian and to the County Commissioners, of. the County of Ada; WHEREAS, the recommendations by the committee as to the Area of Impact and its boundary and whose comprehensive plan and ordinanees should a.pply to the area of impact are reasonable and meet the goals arid objections of the Local Planning Act of 1975; WHEREAS, the City Council has conducted Public Hearings on the Area o€ Impact and whose comprehensive plan and ordinances should apply in the Area of Impact and has approved and adopted Findi.ngs of Fact-and Conclusions regarding the same; and whereas the adoption of an Area of Impact and stating whose comprehensive plan and ordinances should apply in the Area of Impact is a legislative function required by the Local Planning Act of 1975; 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 aF.prove and adopt the Area of Impaet and apply the comprehensive plan and ordinances as recommended by the Committee and such to be effective upon approval hereof. , . ~ J ~ ~ • ~ NOW THEREFORE,~BE IT ORDAINED BY THE r'lAYOR OF THE CITY OF ~ ~: . . : . MERIDIAN, AND THE CITY COUNCIL OF THE CITY OF I~ZERIDIAN., ADA COUNTY, IDIaHO, ` ~ ,. .. ~ 1.0 MERIllIAN AREA QF CITY IMPk~~T ~OUNDARY'- The Meridian Area of City Impact bQUndar~,is.as adopted in'City~Ordinance Number ~~ and Count~r Ordinance Number ~~. Upon annexation of any portion of the Area,of City Impact in Meridian, the provisions of this ordinance shall, not longer apply to such annexed areas. 2.0 ANNEXATION TO 0'CCUR ONLY IN AREAS OF CITY IMPACT - Meridian shall limit its anne~ation ~to those l~nds within its ArBa of City Tmpact. If Meridian wishes to annex 1and~s outside of its Area of Ci~y Impact, it shall renegotiate its Area of City Impact boundary with Ada County in accordance with Idaho Code 67-6526(d). 3.0 PLAN POLICIEB AND ORDINANCES TO APPLY TO'THE MERIDIAN AREA OF CITY IMPACT ° , . 3.1 The Ada County Comprehensive Plan - Rural Area Section adopted by Ada County as of May I8, 1983, shall apply, to the Rural Area as identified on the Area of City Impact boundary map in Cit Ordinance Number ~~ and County Ordinance Number ~~, which is the larid area outside the Me-ridian City limits but within~ the Area of City Impact boundary. ' 3.2 Both Nteridian and Ada County shall amend their Comprehesive Plans. to be consistent with this ordinance. 3.3 The Ada County Zoning Ordinance shall be used to implement this ordinance. AMBROSE', FITZGERALD &CBOOKSTON ;I Attomeys and Counsel~oLra F.O. Box 427 Meridlen, Idaho 83842 Telephone ~888-4t81 ;l• ~I ' il 4.0 COORDINATION OF PLAN AMEN ZONING APPLICATIONS - S, ORDINANCE AMENDMENTS, AND 4.1 All applications for county and city amendments to their respective comprehensive plans and implementing ordi- nances which apply within the Meridian Area of City Impact sha11 be sent by the entity considering such amendment to the other entity. A separate Referral Process, City Resolu~ion Number ~, County Resolution Number sha13 be adoptecl, by resoluti.on, by each entity reg rding procedures and ti:me periods for, and the effect of, sending such ameridments'. d . • -` • . ~ ~.1 • ~ i iy I ~ ,~ ~ i _. . , • , . ~ • 4.2 A11 county applications for Planned De~elopments, subdivision, re;zones, conditional use permits, and private roads within the Meridian Area of City Impact sha11 be sent to Meridian, in~accordance with the Referral Process cited in Seetion 4.1 above. 5.0 RENEGOTIATION -~ ,. 5.1 In accordance with Idaho Code 67-6526Cd~, the i~eridian City Council or the Board of Ada County Commissioners may request, in,writing, to renegotiate any provision of this grdinance at any time~. Within 30 days of receipt of such ~,~~~ written request by either party, a meeting between the two jurisdictioris shall occur. 5.2 While renegotiation is occuring, all provisions of this ordinance shall remain in effect until this ordinance i:s amended or a substitute ordinance is adopted by Meridian and Ada County, in accordance witli the notice and hearing procedures provided in Title 67, Chapter 65 of Idaho Code, or until a declaratory judgment from the district court is final. Provided, however, that this ordinance or stipulated portions thereof shall be of no fur-ther force and effect if both jurisdictions so agree by mutually adopted resolution. ,, i ~ ~,; ;~ ~I ~ r ,I I i ~I i i j AMBRQSE, FITZGER~ALD BCROOKSTON i~ Atlorneys and Counselora F:O. Box?427 Merltf lan, ldaho 83842 Telephone 898-4481 ,~ 6.0 SEVERANCE - SYiould any sect3on, clause or provision of this ordinance be declar~d invalid by a court of competent jurisdition, the same shall not affect the validity of this ordinance as a whole or any part thereof, other than the part so declared to be inval•ic~, each seition, clause and provision hereof being declared severable. 7.0 WHEREAS, there is an emergency therefore, which emergency is declare to exist,~this Ordinance shall take effect and be in force and effect from and after its passage, approval and publica- tion as required by law. i~ .' ~ ~: • ~ : ,: - I ~ ,', •`~ ^~J` • • ' ~. ~I ~ • ~; • ~ASSED By the City Council and approved by the Mayor of the " C'ty of Meridian, Ada County, Tdaho, this l~~ day of . / . , . 198~4. . ~ ,, , " P,~PP.RQV-ED : ;I ~ ;~ _ ~ ~ ~~ ~ ~ G:rant. P., King ford Mayor ATTEST: Jac , ity c;ler ~ ~ '} c •3' ~ ~. ~ ;- ~ {, • q ,~ ~ ORDINANCE NO. ~-~I' ~ ~ ~f~ AN ORDINANCE REPEALING SECTIONS CHAPTER 9, GAS INSTALLATION AND PILED ORD:INANCES OF THE CITY OF RE-ENACTING THE SAID SECTIONS 2• CHAPT~,R 9, TO READ AS SET I'ORTH IVE UPON APPROVAL HEREOF. 2-916 AND 2=917, TITLE 2, PIPING, REVISEn AND COM- MERIDIAN, ADA COLTNTY, AND -916 AND 2-917, TITLE 2, HEREIN, AND TO BE EFFECT- WHEREAS, the City Council and the I~Iayor of the City of Meridian, Idaho have concluded that it is in the best interest of -the City to repeal.Sections 2-916 and 2-917, Title 2, Chapter 9, Gas Installation and Piping of the Revised and Compile d Ordinances of the City of Nleridian, Ada County and to re-enact said sections which shall read as hereinafter set forth, and which enactment shall be effective upon ap- proval hereof, ~ NOW, THEREFORE, B~ IT ORDAINE~.BY THE rlAYOR OF THE CITY OF MERIDIAN, and the CITY ^GOUNCIL -0F THL CITY OF ~NIERInI1~N, ADA COUNTY , IDA~IO , " - ~ ' ~ .' ` Section 1. That Sectioris 2-916 and 2-917 of Title 2, , , , . Chapter 9, Gas Iristallation and Piping are hereby repealed. .. ,, Section .2. :That the following shall l~e enacted as Sec- tions 2-916 and 2-.917, Title 2, Chapter 9, Gas Installation and Piping, and shall read as follows: 2-916: LICENSE FEES: Before any license is issued the applicant,shall pay to the City Clerk a license fee in accordance wi~h the followinc~ schedule: Gas Fitting Contractor 40.00 Journeyman Gas I'i tte r 10 . 0 0 Apprentice vas Fitter NONE , , 'i~ _;,- ~, ,. ' _ il '~ ~I :I 'i i. i~ :i ; i ~ , • Upon payment of the above. fee and presentation of a valid certificate of compe;tency or other aaceptable indentific.ati.on as shall be required for a Gas Fitting Contractor, Journey- man Gas Fitter, or Apprentice, the City Clerk shall issue a License Certificate, indicating clearly thereon the name of the holder, class'ification and year for which it is valid. 2-.917: EXPIRATION AND P.ENEWAL OF LICENSES: All licenses shall expire upon an;d shall be renewed not later than Dec= ember 31, oi each year. SECTION 3. WHE:REAS, there is an emerc~ency therefore, wh~ich emergency is declared to exist, this Ordinance snall take effect and be in force and~,effe.ct..from and. after its passage, approval amd p ublication as required by law. PASSE~ by the City Council and approved by the Mayor of the City of P~ieri.dian,, Ada County, Tdaho, this/~~~-day of d~v~"' ,, 1984. APPROVED: ~ ~ . ~ ; ~ { ~~ . GRANT P, KI G~SFO n, MAYOR j;-.. ' ATT.ES T :. ~ JA NIE , CITY CLERK ~ , .~' ~i . - •..s : ~ i ~ ~.. i~ ~ ~~ AN ORDINAI~t:CE PROVIDING FOR THE ESTABLISHP~lENT AND ADOPTION OF THE BOUNDARY OF THE AREA OF IMPACT OF THE CITY OF NTERIDIAN, IDAHO; PROUIDING FOR THE INCLUSION OR EXCLT~SION OT' PROPERTY WHICH IS DIVIDED BY THE AREA OF Ir7PACT BOUNISARY; PROVIDING FOR A PRO:G.~EDURE FOR TH~E RENEGOTIATION OF THE AREA OF IMPACT OF THE CITY OF l~IERIDIAN'; ~ROVIDING FOR A SEVEE2I~NCE CLAtJSE ; Tn 3E EFFE'CTIVE UPON APPROVAL HEREOF. WHEREAS, Section 67-6526 (a) , of Title 67, Chapter 65, Idalzo Code, knowri as the Local Planning Act 1975, requires , that the City Council of the City of PQeridian, Idaho arid the County Commissioners~of ~da C~unty, Idaho adopt, by ordin- ance, a ma.p identifying an area of City Impact within the unincorporated arEaof Ada County; i WHEREAS, Section 67-6526 (.a), Idaho Code provides that said ordinances adopting an Area of Impact should have been passed and approved. at Teast by January l, 19 73 , and that i f it has not been 'adopted by said date Section G7-6526 (b) , Idaho Cocle, provides that a cornmittee of nine persons should be ap- pointed by the City ~Council and the County Comntiissioners to malce a recommend~ation to tr~e Council and to the Commissioners what the Area of~ Impact shoulc~ be; D+1~:EREAS, said committee was appointed and did meet and ,~ AMBROSE, FITZGERALD BCROOKSTON ~ Attomeys and Counselors P.O. B~z 427 Merldlan, Idaho 83842 Telephone 8881181 ~L has made a recommendation to the City Council of the City of Me ridian and to ~the County Commissioners of the County of Ada; WHEREAS,the! recommendations by the committee as to the Area of Impact and its bo.undary is reasonable and meets the goals and objections of the Local Planning Act of 1975; , i ~~-~. ;.~.~-,J - il ~; s a , II ~ • ~. ' • . ~ ~ ~ . ~ . . . ~ . ,~ ' ~ + ~ '' ~ ' • , . G~7HEREAS, the City Council has conducted Pui~lic FIearings on the Area of Impact and has approved and adopted Finc~ings of Fact and Conclus~ions regarding the Area of Impact; and whereas the adoption of an Area of Impact is a legislative function required by the Local PTanning T~ct of 1975: and ~, WHEREAS, the City Council and the i~laj~or of the Gity of Meridian, Idaho,;have conclnded that it is in the best inter- ests of tlze City~ to .approve and adopt the Area of Impact as recomme.nded hy the Committee and such to be ef~ective upon approval hereof, N06V THEREFORE., BE IT QRDAINED BY THF P-1AYOP~ OF Tf~E CITY OF , ~: . , MERIDIAN, AND THE CITY COUI~ICIL OF THE CITY OF MERIDIAN, AD~'~ COUNTY, IDA'HO, ' Section 1.0, AREA OF CITY IMPACT DESIGNATED--The P~leridian A_rea of City Impact is the area designated on the attached map and incorporated~~ he:rein by reference. Section 2.0, PROPERTY DIVIDED BY THE BOUr1DARY--In case a property under single ownership is divided by the bounda.ry line of the Meridian Area~ of City Impact and the line divides the property so that one or both of the parts has a depth of 3J0 feet or less, such part may be included in the jurisdiction within which tlze:~rernainder and larger portion of the property is located. - Section 3.0 RENEGOTIATION-- 'i AMBROSE, FITZGEFiALD 8 CROO ~STON Attorney,s end Counselors P:O. Boz 427 Merldlanj~IdaAo 83842 Telephone ~888-r481 ~. 3.1 In accordance with Idaho Code 67-6526 (.d), the Merid,ian City Council or the Board of Ada County Comr?is- sioners may req.uest,, in writinc~, to renegotiate, any pro- vision of this ordinance at any time. [~7ithin 30 days of receipt of such~ written request by either party, a meeting between the two jurisdictions shall occur. 3.2 T~lhile renegotiation is occuring, all provisions of thi;s ordin.ance:~shal.l remuin~ in e_ff~ect ~unti~l~ th.i.s .or~i~an:ce~. is i ~ ~,,~, ; ~. ~i I ~~~ • amended or a substit~ute ordinanee is adopted by Meridian and Ada County, in ac.cordance with the notice and hearing.prn- cedures provided~in~Title 67, Chapter 65 of Idaho Cod~e, or until a declaratroy judgment from the district court is final. Provided, however, that this~_ordinance-or stipulated portions thereof shall be of no furt:~er force arid .effect i~ both jur- isdictions so aaree by mutua~lly ado~ted resolution. - . ~ Section 4.0 SEVEF2APICE--Shoul`d any section, clause or a provision of this ordinance be declared invalid by a court of compe~tent jurisdiction, the same shall not affect the validity of this ordinance as a whole or any part thereof, other than the part so declared to be invalid, each section, clause and provision hereof being declared serverable. Section 5.0 [n1HEREAS, there is an emergency therefore, which emergency is declared to exist, this Ordinance shall take effect and be in force and effect from and af~ter its passage, aFproval and pubTication as required by law. PASSED by the City Council and approved by the P•iayor of -_ 'I :~ ! , ~i i; ,, ij '~ AMBROSE, FJTZGERALD 8 CROOKSTON Attorney ~nd Counselors ;~ P.O. 8oz 427 Merldian, Idaho 83842 Telephone ~888-4481 ,~ I the. City of Mericlian', Ada County, Idaho, this ~.• ~~~day of ~' i~~ , ~ 9 8 4 . . , APPROVED: V ' A GRANT P. I~IN SFO , 1'ZAYO~ ATTEST: ~ ~~ ~ `~ _ ~ . . .. . .. . . ... .... _. . _.. . . . ._.. . . I .,_.._..--------...._.....---- • .. ... .. ... ...._.. . ~ .._ .._....-~- .. ' . i ' • _ ~~~~ .' ' : . . . .. . .. . ._.._ : .{ ~MERIDIAN dREA OF GTY IMPACT ;~ . . ~. ~ ;(County Ordinance No.13_6, _ ) . ~ . ; (City Ordinance No. 439 ) ~ S Highway 20 - 26 L_ ~~ ; . - _. ._-_.-..- ------~---.- :_ . . . .. ~- : ~. .,~, -~---. ;_ :.~. : ' ~ I _ . ; .. . : ~ ; ~ . . '' 1 ' ' ~ Mi I lan Road ~ . . . ' _ ._._...~.1 ~ ~ ~ ' ~ ~ i ~ 36 31 ~ ~ . a~ ._ - ~ Us{tick Road ~ ,` e~7 i ~ 7 ~~ 4 : ~.~.,b .,'c~1~ ~~ ~~,` `~ .e,~ ~ s s ~ ' . ~ ~~ t4~ ;R}. ' ~ ~ ~. ~~~ ~i ~,~ ~1 ~~ ~ 1' ... ~ ~~ ,.l-±,~'(;lA~~i~ 'r '.~~' ~' .', ~ 1 ;~~ 0 Cherry ~ ~~~~`. ~Lone"~' '~`~ ~:~- ~ US v' Hi hv- 30 ~~~ - ~ ~ : . ~ ,,:.~.,.•~:>:.:,; ;~:-,~ '~-" , . 1 . ~~ ~.~~ ~=--- ~~`'~:~-~... ~~~;~IMERIDIA ` ~ . - ~ ~ ! PINE. ST. ' ` ' ~ ion Pacifi ' ~ ' ~ ~J R ~ ~~ +- ~ ~ ,.~.. . . ~-- US ~ighway~ :3 • ~ Fronkli d. ~~ ° •: ''~;. ~ „ , ' - ~- ~ : . ~~ .~~,.~ - Interstate 8~ rt ~ .1 - ~ ._ ; --'~~ , verlan~ Road :~ ~ ~~ ~. ~ ~ ~ \ ~ ~. ~ ~ ~ J~ ) 0 o ~ o ; ~ o`~ ~ f_J o ~ f ~ ~ : ~ ~ ~ Victory ~ Road ~ . I\ . , , ~ ~ ~ _ a a ~ o ~, ~ o --- ~ /~ ~ ~ ~ V - ~ p . ~ p -~; \ ~ Amity c~ ~ ~° Road~ ~ ' Y ~ ~ ~ \ ~ i ~. p ~ ~ ~ C C \~~ ~ ~ i ~'~. 33 oD ~ ~ J 36 ~ 31 ~ a~ ~ ~~, J ,~ - - ' > ~L U p - ~ Lake ~ Hazel ~ w~Road ~ ~ 1 I ; o _' ;' ~ Meridian Area of City Impact ~ ~ ' ^~~ Meridian City Limits i Y 6 ~ ^ 1 ^ Referral Areas ` , `. ~-~ ~ ~ ~~ ~ Columbia ~- ~~ ~ ~ . ~! ~ , . ~~. . ~ ~ , • BEFORE THE ~CITY COUNCT_L OF THE CITY OF r4E~ IDIAN ~ CITY OF MERIDIAN ARE?~ OF I'4FACT P~2ELISTNAR'Y FINDIIdGS OF FACT AND CONCLUSICINS The City Cc,uncil of the City of r-ieridian, Idaho, being required by the Local Planning 1~ct of 1975 to adopt an'Area of Inpact Ordinance and an Orclinance k~hich inc~icates whether City or County Zoning,and Developmerit Ordinance will apply in the Area of 3mpact, and the Planninr~ and ZoninG Coi:-mission ana the City Coucnil havi~ng held public hearings on t3.zP matter ~he r~ost recent of which ~aas held by the City Council on October 4, 1984, at 7:30~0'clocl p.r~., and the City Council having re-- ceived the recommendation of the Area. of Impact Cornmit-tee as allowed in Section 67:';6526, Idaro Code, and the City having considered ttie pubiic input and having duly considered the 'matter,, the City Council of the City of ,'~•?eridian makes the follo~aing: ~ FINDINGS OF FACT l. That the,.Planning and Zoning Commission held a duly noticed public hearing on the Area of Impact on r7.arch 27, 197~, as required by Sections 67-G526 (e) and 67-6509, Ida~o Code; • • at said hearing the proposed Area of Impact set forth in par- a~°raph 2 helow was di~scussed and input had tlzereon; additionally ~~e question of whose comprehensive pianning and zoning ordinances would apply in the unincorporate~ portion of the Area of Impact was discussed. 2. That the Planning and Zonin~ Commission, at its regular meeting on~ April 10, 1978, passed a resolution recommending that the City Council adopt the hereinbelow set forth Area of Irnpact; To wi t: The West Boundary being the Ada-Canyon County; line; the North Boundary being Highway 20; the East Boundary being Cloverdal'e Road until such point as Cloverdale Road reaches the Interstate-0verland Road area, then including the Five :~'Iile, Eight r-4ile and Ten Mile Creek Drainage.areas, but in no event shall it extend East past Cole Road or the New York Canal, whichever is closest; and the S.outh Boundary beinc~ the Rawsqn Canal to the point it, intersects with the Ada-Canyon County line. 3. That the City Council of the City of Meridian held a duly noticed public Yiearing on the proposed Area of Impact as recommended by the Planning and Zonirig Commission on April 17, 1978. , 4. That the City Council, subseguent to the hearing re- ferred to in paraaraph three (3) above at its D1ay 1978 meeting, ~ passe~ Ordinance No. 324 which is hereby incorporated by tlzis referrence as if set forth if full; said Ordinance 32~ adop ted ~ the area described in para_r,raph two (2) above as the Meridian Area of Impact; that additionally :said O•rdinance also in= dicate:d that ttie. i~Ier.idian Coinpre~ensiVe ~~Pl~an and. that the • Meridian zoning and subdivision ordinan;ces would apply to the unincorporated area of the Area~of Impact. 5. That the adoption of Ordinance No. 324 was completed withou~t the input of.; the County of Ada and was not adopted :~ pursuant to the riegotiation required by Section G5-6526, Idaho Code; that Ada County did not recognize the Area of Impact as adopted by Ordinance 324 ; that the City of. P~eridian has used the Area of Impact as adopted in Qrdinance 324 as a guideline. for planning and development decisions even t~'~ough not formally approved by Ada~County pursuant to the procedure required by the Local Plannirig Act of 1975. 6. That Section 67-6526 (.a) requires that the City and „ the County adopt by ordinance a map identifying an ~rea of City impact within the unincorporated area of the county at Teast by January l, 1978; tha.t Section 67-6526 (b) requires that if the Area of Ir:lpaet is not mutually set by the City and the County by January l, 197~, that within 30 days thereafter, a com- mittee of nirie persons should be agreed on; that said com- cittee i.s to meet an;d recommend to the City Council and the Co,unty Commissioners an Area of City Impact torether caith compreh:ensive plan and ordinance requirements. 7. T:zat City of P2eridi.an Ordinance 324 was not found acceptable or ag',reea~ble to Ada County and therefore it became necessary to follow the proce dures outlined in Sect.ion 67-6526, ~. I • Idaho Code ; that due to various reasons neither the City Council nor the County Commissioners pursued the Area of Impact negotiations procedure in a timely fashion. 8. That on Aug~ust 29, 1983, the nine-member ~leridian A.rea of Impact Negot'iating Committee was formed in accordance with Idaho Code, 67-65`26 (b); the Committee was compose d of: Commissioners Bill Gratton Commissioners Vern Emery Commissioners Ed Riddle Then Councilman Grant Kin gsford Councilman Bill Brewer Councilman Rick: Orlon (later replaced by Councilman Bob Giesler)~ ~ Mr. Terry Smitli PZr. Bob Spencer Mr. D~avid Daven.port 9. That the P~7eridian. Are.a of Impac,t ~Negotiating Committee met on several oecas';ions to consider the Area of Impact and what aomprehensiye p,lan and which entity's ordinances should apply to the Area of Impact: ~ „ -; ,M1~ 10. That Idaho Code, 67-6526 (a) requires that two ordinances be passed to set up the Area of Impact; one ordinance is to adopt a map which identifies the Area o.f City Impact such as a map; the o.ther ordinance is to set which governmental entity's comprehensi:ve plan and zoriing and development orclinances are to apply to ,the Area of Impact; said section allows that City plans and ordinance could apply, county plans and ordinances could: apply, or any mui.ually agreed upon plan and ordinances ~could~ apply. . I • 11. The Meridian Area of Impact Negotiating Committee has recommended that the Meridian Area of Impact be defined as set forth on the attached map which by this referrence is in- corporated herein as ~if set forth in full hereat; the Committee has further recon~unended that Ada County's Comprehensive Plan~ Rur•al Area Policies, and Ada Gounty's Zoning and Development Ordinances apply in t!he unincorporated areas of the P~ieridian Area of Impact; the committee has recommended two ordinances and two resolutions which by these refere.nces are incorporated herein as if set forth in full hereat even though not attached hereto. The first ordinance designates a:4eridian l~,rea of City Impact boundary using the one-quarter mile section lines as the boundaries. A map is attache d to this ordinance iden tifying the Area of City Impact. The map also shows related Referral Areas, which are discussed in the second resolution. Also con- tained within this ordinance are provisions for the treatment of property which is ~split by the Area of City Impact boundary and for a renegotiation process of the_A-rea of City Impact and for a se~~erance clause . The second ordinance applies the County Comprehensive Plan Rural Area Policies and the Ada County Zoning Ordinance to the unincorpor;ated area within tYie Meridian Areas of City Impact. In addition,, this second ordinance states that: ' '~ ~i ;i '• • ~ ~! ~ P~eridain may not annex outside of this Area of City ~ Impact Boundary, that City and County amendments to their ~i respective comprehensive plans and zoning ordinances that i apply within tYie P~teridain Area of Gity Impact shall be ~j referred to' the other for comments, and provides~. for a ~ renegotiation p:rocess. ~~ In reference to the before mentioned two Area of City '~ Impact Ordinances', it should be emphasized that the county~ rural ~i area policies do not apply to land within the city limits or to ;: I any future annexed lands to Meridian. The lderidian City Council ' 'j ~~ has exclusive jurisdi~ction within the city limits. The only , ~, ii restriction to the city's jurisaiction is that annexation not 'I ~~ occur outside of the ac~opted Area of City Impact boundary. 'i The first resolution, which is called the Meridian Area ;~ of City Impact Referr:al Process, establishes the specific time , ,~ periods and Procedures for Meridi.an and Ada County to refer each 'd other's plan and ordi;nance amendments to the other. Specifically , covered are all amendments to comprehensive plans, the ~oning ~ Ordinance, and zoning applications. These items cannot be ~' considere d at a public hearing unless an d until the referral has I been sent to. the other jurisdiction within the specified time ' ~I ~, , period. The contents of this resolntion could have been put jl , within the Area of City Impact, Ordinance ~ however, they were ~~ placed in the resolution so that they ~could be changed if the ;' ~~ , . ; time periods or psocess proved, to be unreasonable. ~ . ' :~ _ ~ The second Area of City Impact Ordinance requires that the AMBROSE, FITZGEfiALD ~ ~ ' ~ ` referral process~ ';take place ~ }JClt'~~1@ re~s~olution identifies t~l@ & CFOOKSTON i Attornel a and . ' Counselors ' , . P.O. Box 427 Meridlan1, tdaho 83842 Telephone~888~4481 ~ i; il . ~ . ~ • specific time periods and to whom the referrals should be sent. If the time periods need to be lengthened or shortened, for whatever reason, a.ch~ange in the resolution.can be accomplished without renegotiating the Area of City Impact Ordinances. Such a renegotiation would be more ti:me-consuming and needlessly b ureaucratic. The second reso~lution, called the Meridian/Ada County Referral Areas, describes two areas that were originally con- sidered to be included in the Meridi~n_Area of City Impact boundary, but were rejected because they could not ineet State Code criteria for inc~lusiom~within the Meridain Area of City Impac.t. These areas are still of concern to Meridian, however. Specifically, tlie City of Meridian caarits to be officially in- formed of any effort to amend the County Comprehensive Plan p.olicies that would apply to these referral areas or of any effort to include these areas in another city's Area of City Impact. Conseq.ueritly, t~is resolution would require that Z~da Gounty notify Meridian of any Connty Comprehensive Plan amend- ment or any county ne,c~otiated Area of City Impact Ordi~nance affecting the Referral Areas. ~2. That Section 67-6526 (b), Idaho Code requires that in defining an area of City Irnpact, the following. ~actors shall be considered: ~ (1) trade area~~; (2) geogra~hic: factors; an~d . 1 ( 3) areas that, to the City below-" I can -reasonabl~ in the fu~ture ; be ~ expe,cted each factor i to be annexed is addressed TRADE AREA T~e Intersection,of. Cherry Lane, E~airview Avenue and East lst Street~ s.erves as. the commercial hub of Meridian. Adjacent to,~ and extending from tiiis intersection are the Cherry Plaza Sli'opping Center, the Smith's Shopping Center, the Old To~an Me,ridian area, and adjacent commercial sites to these three centers. Taken together, these commercial areas could~ be defined as a large community-sized shop- pi.ng center. N,ormally a community-sized shopping center cor.lprises between T00,000 to 300,000 square feet of floor area. Cherry Plaza includes approximately 135,000 square feet of gross floor area and the Smith's Shopning Center includes approximately 64,OQ0 square feet of floor area. At a density of three dwelling units per acre (DU/A), a community-sized shopping center can be ex~ected to have a service radius of two to three miles (DeChiara, Joseph and Lee Koppelman, Urban Planning and Design Criteria (New York : Van Nos trader Reinfio ld Compariy, 19 75 ;. p. 42 8.). The va.st majority 'of the City of Meridian i-s zoned R-4 (8,000 square foot lots), whi.ch is equivalent to approximately three DU/A.• From the intersection of Fairview Avenue, Cherry Lane; and East lst Street to the proposed Meridian Area of City Impact boundaries, the distance in each direction is ap:proximatley as follows: North--1 3/4 miles. East---2 3/4 miles (abuts the adopted Boise Area ' of City Im~act boundary). South--3 1/4 miles. ~ West---3 3/4 miles. ~~ AMBROSE, FITZGEfiALD SCROOKSTON ~ Attorney,s and Counaelora i P.O. Boz 427 a Merldlen;~,ldaho 83842 ~~ Telephone 888-1481 This Intersection may not be the exact center of the described three maj~r shoppin,~ areas, but it is necessary to pick a specific location for analysis purposes. Also, these shopping'center standards are general and must be appliecl and balancecl against other factors such as existing land use, public service eapahilities, geogra~hic factors, and ability to annex. • ~ . • ,, AMBR,OSE, FITZGERALD~ BCROOKSTON Attorneys and ~Gounselors P.O. Box 427 Merldlan;~ldaho 83842 ielephone~8~88-4~81 '~ . r Additionally, there i.s a~fairly large shopping center at the intersection of Fairview Avenue and Five ~ile roa~ and another fai.rly substantial shopping center at Overland Road and Five Mile Road; these two shapping centers appear to be visited more by City of Boise and Urban Boise residents, at least mo're s~o t:~an by rZeri:dian residents. GEOGRAPHIC FACTORS The P~Ieridian, area has a generally flat to rolling terrain whicYi is devoid of major geographic factors which ~aould divide or unite the City of Meridi.an. There are no major rivers except for the Boise River, ~ahich is to the north of the proposed Area o~ City Impact. There are no major elevation clianr,es, with the possible exception of the be,nches or rims which do not seem to pose any r,lajor barrier to city development or expansion. Roads are a, maj:or man-made feature o~ the geography of the Merid'ian Area of City Impact. IIowever, only Interstate 84 couTd be consic~ered as a barrier. This I-84 I~arrier will become les~s of a factor in the future as the Eagle Road interchange is developed. In addition, transportation plans (Ada Planning Association, Transportation Plan for Northern Ada Co;urity, (.October, 1982J, p. 34, Meridian CompreYiensive Plan, p. 18.), call for the construction of a Locust Grove Ra:ad Overpass in the long-term future. This will also lessen the barrier of I-84. T~e Southwest Cornmunity Wastewater D2anage*nent Study (1980) indicates that the general flow of ground water from South- west Boise/5outheast Meridian is to~vard the City of Meridian. This northwest flow of the qroundtaater applies to all the land which is g,enerally north of Amit1t Roac7.. At Amity Road the qrourid water f].ows directly. wes;t, anc~ south. of Aztlity I~o:a~ the cjround water flo~as iri a~~sout~ to south- westerly direc~tion. . -, . ~ _ . - - ~ . . , . .r . . -- ~ , ~i~FAS;_.THciT?;CAP1~; REASO~dP.BLY BE EXPECZ'E?~) ,TO BE ~ANNy~~ED ~TO ~THE CITY IN THE FUTURE ~ , . ,. . The Meridian Compreherisive~P'lan, adopted in 1~75 and as amen ded in 1984:, indentifies an Urban Service Planninc~ Area (US:PA) ~~ for the City of Nleridian. 1`~eridian is expected to grow to appr.oximatley 20,500 people by the year 2000 (Ada Planning Association, Demographic Report, Ada County, Iclaho, (July, 1984) p. 3.) . Within the 1978 and th;e 1984 USPA boundaries indicated in the r.~eridian Comprehensive Plan, a population of approximatley 50,000 can easily be . - :. • accommodate.d at the den:sities identified in the P~~eridian Comprehensive Plan. In other words, the USPA for Meridian could be considered as an ultimate plan or fifty-year r,rowtii"-pattern. Normally comprehensive plans cover a growth period of twenty years. Consequently, a fifty-year planning period can be considered as more futuristic and as an ultimate design for the City of Meridian. ,. The proposed rleridian ~Area 'of~ City Iripaxt includes all of this ultimate f,ifty-year USP1~ for the City of Meridian as ic~entified in the adopted l7ericlian- Comprehensive Pla~n. In f'act, the'. proposed P;eridiam' ~'lrea of;.~ity Impact is larger than the USPA. ~ ~ . The USPA boundaries indicate~d 'in th.e r7eridian Comprehensive Plan are generalized sketch boundaries and are not drawn to fit any lec~al description of property. Consequently, the USPP r:tay be.' lar~ger or smaller in given areas base~ upon the ahility.; of ~2eridian to provide urban aervices to those areas as determined by Meridian ~~hen these lanc?s are an- nexed. ~ Two r.lajor factors a~fecting public service capabilities were used by the~Committee to ref_ine the boundary of the proposed Area of City Impact so that a1:1 of the Urhan Service Plan- ning Area would~ be include~ ~~~ithin it. These factors rnay affect the city's ability to provide services and to annex these areas in tne future .. Tlzese teao factors i.nclude a l. It is 'desirable to maintain gravity-flow se~aer iines for collecting waste~aater at the T~Seridian V7astewater Treatment Plant because ne~a seV~age pumping stations are not rec~uired. mhe l~ieridian Wastew:ater Treatment Plant is located northwest of' the intersection of LTStick and TEn r~Sile P.oads. The southern part of ~1ack Cat Roau. and the northern part of Eagle Road were not included in' the proposEd Meridian Area of. City Im~act because they coui~ not be serviced by gravity- flo~a sewer collection lines. :i i AMBROSE, FITZGERALD 8 CROOICSTON R Attorneys and Counaelors . P.O. Boz 427 Meridlan;~ldaho 838~2 Telephone 888~4481 i: 2. r4~ajor roads such as :ection l.ine roads were con- sidered as poor ulti=z~:te bounclaries bet~aeen the Neric~ian city limits anc?. either the Ada County's rural lancls or the Boise citv limits. This is . the iitajor reason why the C~ities of Boise and t~eridian agreed in 1:9~2 t~ a comr~,on Area or City Impact boundary dividina ~;~ze jurisdicrions. a.t a line one-quar~er mile ~~~eGt of and parallel to Cloverdale_ Road. It is simpl~ rlore practical • • and cost effective for one city to provide services on botYi sides of a major street, If Cloverdale Road, for example, ~aas used as the ultimate boundary between the city limits of Boise and P•leridian, two cities would run major underground utilities (sewer, water, etc.) and emergency vehicles (police, fire, ambulance, etc~:) along and down the same street but only serve one side of the street. In fact, an accident which occured on Cloverdale Road might actually occur in both cities and involve responses from two police departments, fire departments and ambulance services. Consegue.ntly, quarter-mile section lines would be used as boundaries rather than road's. An additional factor considered in this category of Area that could reasonably be expected to be annehed is that the City already has great`amounts of land zoned for residential, com- merical ar.d industr.i.atl uses but have yet to be developed; addition- ally the rleridian Comprehensive Plan encourages infilling rather than sprawl and has a pol.icy that development locate ~adjacent to existing similar development and uses. 13. That the City of Boise and. Ada County have entered into mutual ~rea of Impact ordinances which set the western boundary of Boise Area of Impact as basically beinr~ one-quarter (l/4) mile west of Cloverdale Road; that the City of Aieridian could have designated land east of Cloverdale Road as part of the City of Meridian's Area of Impact; that Section 67-6526(c) provides that where two cities' Areas of Impa•ct overlap tr.at the County Com- missioners slzall make~ recommendations for adjustment and if tlze two cities cannot then agree on Areas of Impact the County C.om- missioners are then required to call a special election c-ahere ~. ,: ,. ~. • ~ • the resi.dents in ~the ~overlap Area slial'1 decic~e in which cities' Area of Im~act they desire to be located. 14. mhat the,Meridian Comprehensive Plan, Policy Diagrams ; at page 7, identi,fies all the various neighborhood, conunercial and industrial ~areas ~in ancl surrounding tl~e Gity of t4eridian which were conside'red of importance ,at the time of the oric~inal adoption of the Plan; it further i:dentifies tile Url~an Service Planning Area (USPA) as amended April 2, 1934; the Proposed Area of Impact inc:ludes all of the USPA and the previously identified development areas. 15. That the proposed Nieridian Area of Impact includes the th ree sites that have been proposed to.t~e City Council as possible sites for a regional~shoppina center. ~ 16. That many of the policies of the Meridian Comprehensive Plan tend to sup~ort the proposedt =~•re~ of Impact,~ Orclinances and - ;~ Resolu~tions. These policies include the following; . . , ~ ;~~ ' ~ ' , ~ a.P. 9 LAND USE--POLICIES: ' "4. The following land use acti~Jitie"s are not in compliance with the basic goals and objectives of the Comprehensive Plan: c. Scattered residential (sprawl or spread)" b. P.12 POPULF.TION G'-ROi~~TH--POLICIES c "3. L'nimproved or unrealized land within the i"eric~ian City limits and Urban Service Plan- ning Area shouid be utilized in order to r~iaximize public investments, eurtaiT Urban sprawl and protect existing agricultural lands ~iom unneces.sary infrin,ement" "4. No n;ew residential, cor.imercial or industrial clevelopments should be approved outside of the LTrba~n Service Planniny Area, unless it can be shown th'~t Lrban services ~can be reasonably p rovi de d'° • , • c.P.15 ECONOD~IC POLICIES: "6. It is the p~licy of the City of P~Ieridian to support shopping facilities which are effectively integratecl into existing residential areas, and plan for new shopping centers as growth and development warrant. " d.P.l6 INDUSTItIAL POLICIES: "1. Tne development considerations for each of the Industrial Review Areas should be phased and prioritized to provide for orderly growth and deve;lopment, minimize the cost, of providing utilities and transportation services and pro- mote unified deveTopment within.the Urban Service PTanning Area." '°2. Industrial development within the City limits should receive ~t~he 'higlitest priority. e.P.26 ~IOUSING POLICIES; "12. Land development regulations should be revised to encourage the infilling of existinc~ vacant ., parcels within the city limits ." ~~ ;; ;; ,i ii ;, i ;i ~ ~, ~~ ;i I AMBROSE, FITZGERALD. BCROOKSTON Attorneys and Counaelors II P.O. Box 427 Merldiam, Idaho 93812 Telephone 888~418L I~. ~i f. P. 35 RUR~1L AREAS--POLICIES : "3. Although it is reaognized that urhanized developmen.t does._ zx:i,5.t'. with~i~_ the _.rLir~l~ areas. of the Urban.Service Planning area, the rural land's should be kept in agricultural production as 1'ong as possible until. alternative uraan services can be accommodated throuc~h planned community services." "4. Uses„in the rural areas of the Urban Service Plannina Area riot scheduled for Urban Services (mun-icipal sewer and ~aater facilities and other essential services) should be maintained in ac~ricultural use until such land'has been iden~tified as part of a City Capital improvement prog,rart for development. " g.P.39 POLICIES--(WATER ~UPPLY): "3. The,construction of indviidual wells in rural land within the Urban Service Planning Area • ~ will,be discouraged, as such developments are not in comp,Tiance with the growth and develop- ment policies of the Comprehensive Plan." h.P.4~ POLICIES (SEWERP,GE rACILITIES AND SERVICE); "1-. 1~T1 new subdivisions, ~lanried developments and large comrnercial and inc~ustri.al developrnent projects shall be required to connect to the municipal sewer syst.em." 17. That the City Council held a public hearing on the proposed Area of Impact and the Ordinances and Resolutions adopting such and whi,ch ordinances set forth that the County's Comprehensive Plan, Rural Pdlicies and the~Courity''s zoning ordinances would apply to the.uniricorp.orated area of the P~eridian Area of Impact; that such hearing was duly noticed as required by Idaho Code, Sections 67-6509 ~and'~-67=6526; that no puF~lic comment or evidence was re.cieved. CONCLUSIONS 1. That all the requirements of the Local Planning Act of 1975, Title 67, Chapter 65, have been met including all ~ ~. notice and hearing requirements with the exception t.hat the 1~rea of Impact Ordinanees were not enactec~ by January 1,, 1978, or July 1, 1978. ~ 2. That the P'lanning and Zoning,Commission of the City ;i AMBROSE, FI7ZGERALD &CROOKSTON Attorneys and Counselors ;~ P.O. Box 427 Meridlen, Idaho 83842 Telephon `888-4181 ~~ of Meridian duly considered the Area of Impact matter and recom- mended that Area as e~nacted in Ordinances No. 324. 3. That Ada County did not agree with the Area of Impact as ~adopted in Ordinance No. 324 and that is why t?ze Meridian ii • ~~ • Area of Impact Negotiating Committee was selected. 4. That the Meridian Area of Impact Negotiating Committee was duly selecte d', held meetings and considered the matter as required by Idaho Code, Section 67-6:526 (b~ ; that the Committee's recommendation has been duly received by the City of P~Ieridian and the Ada County Commissioners. 5. Th.at the City Council has held the required public hearin~: which was duly noticed; that the City Council has duly considered the recommendations of the Committee and has made the the findings as a~bove' stated. 6. That the Meridian Area of Impact proposed by the C.ommittee can be considered as the primary trade area of t~Ze City of i~Ieridian an,d the business locate d in the city and adjacent thereto. 7. That there, are no major or significant geograp'riic factors which aid in ~efining the P•ieridian Area of Impact~ how- ever, the underground waterflow now known allow the City to not be as concerr~ed about the area around Amity Road and South of Amity Road as the City initially was; that~ the removal of this concern justifies the deletion of alot of the area that had been originally included in the Five, Nine and Ten P~iile Creek Drainage. 8. That tlze lack of ability to gravity flow sewer from the land substantially `N:orth aof Ustick Road~ and also ~'ast of the half mile line between ~Eagle Road an~d Locust, Grove Roa~ ~~., -•~.. make it reasonable to delete those areas from the Area of Impact contained in Ordinance 324.~ ' ,~ . ~~. ~ • • • !~ ;i ; , , 9. That the areas referred to in paragraph 7 ar.d 8 above ; that have been deleted from~ the Area of Impact as proposed by ~ I ~ ; the Cornmittee are"still of interest and concern to the~City of i P~eridian but such"interest and concern is adequatPly protected ii by designating them as Referral Areas and being informed as to ;~ ,~ , land use applications~effecting those areas. '~I 10. That'the ~rea of Impact proposed by the Committee contains all the area that the City of r.qeridian is likely to '~ annex in the future; the City already has vast amounts of an- i nexed and zoned land that is capable o~ being developed resident- ially, comr.~ercially, and industrially and yet it remains un- ~ ,~ ; developed; at this time it is not foreseeable u~hy the City , ~ ~vould need or want to annex' land beyond .the P~ericlian ?~rea of ;I i .~ Impact as praposed by Lhe~'Committee for the next twenty-five ;; to fifty l~ears. ,, ' . , . ~i i 11. That~since the-,City--already has larre amounts of i ~'~ annexed but undeveloped l~nd',ia.ithin the C,itl limits, considering many of the policies of the P~eridian Comprehensive Plan dictate ;i infilling and the locating of,new uses adjacent to existing uses ' , an~ considering that a11 new develo~ment is required to endeavor to ' connect to municipal water and sewer, tile Cit~ concluc~es that !I ;i ~evelonment outside the City limits but within the Area of Impact ;I should rot be encouraged.~ By having the Ada County Comprehensive ~~ , Pl.an, Rural Polic~ies,, apply to the unincorporated arca o~ the '~ A~eridian Area of Impact, development outside the City limits will AMBROSE, FITZGERALD ~ ,i . &CROOKSTON ~ not be encouragecl. ~ ~ At4orneys and Couns'elors 1~ P:O. Box 427 Merldian, Idaho 83812 ~ Telephon ;888-4481 ~~ ~ - M; : :~` , ~; _ , • ' • ~ ' I ~~ ~ ~ . • ' . ~ ' h~ ' ' . ' T2. That in the event the City does d~si.r,e to have a ~~ deyelopment locate in,what wo~uld now be land in the unincorporated . ~ Are a of Impact or such a development wants to be controlled by Meridi.an Ordinance, - i't can be annexed and. t~-ius ~'the County ~ ~ ~, Comprehensive Plan wo.uld not apply. ~ 1 i ' 13. That the referral process contained in the Ordinance^ ~' and Resolutions will provide both the City and the County with . . ~ ~i infqrmation and ability for input on land use applications in '!~ ~ the Area of Impact and is in the best interest of the City of 'i ,~ Meridian. _ ;~ 14, That the City may take judicial notice of its own ,i plans, policies, and ordinances and those of another governmental ' i entity . „ ~ i ;j , . 15. That the ,adoption of an Area of Impact, as required '~ ,by-the Local Planning Act of 1975, is~a legislative function. ~ II 16. That the Three basic factors in determining and • . ;~ defining the Meridian Area of Impact, those beina "Trade Area," 'I °Geog-raphic Factors,":°;and "Areas that can reasonably be expected to be annexed to the City in the future" indieate t:~at the ' ~~ ,~ I Meridian Area of Impa,ct as proposed by the Committee~is reasonable ~ and should be adopted. ~I - 17. ~ That the rfieridian Area of Impact and the t~ao ,1 " ordinances and t~vo resolutions as proposed by the Committee meet the requirements of t~he Local Planning Act. of_ 1975 and have been , R ' pursuant to~~ that .Act; that they are reasonable,'~ ~ pro~posed and adopted AMB OSe, , FISZGERALD , i 8 CROO,KSTON I ~ , Attorneys and Counselors _ P.O. BoxA27 i Merldlan, Idaho ~ . 83842 TelepAone;898-~181 il 1 ~ • I~ I ` • .. . ~ ;~ supported by the above iindings, and are in the k?est interests ~'~ ,I ~ of the City of Meridilan. ~l ~ APPRO~IAL AND AD0'pTION OF ,i FINpIN.r,S ~OF F'ACT AND CONCLUSIONS ~~ ~~ , T~e Nieri~dian City Coun,cil hereby appxoves and adopts these ; ` • Findings of Fact and Conclusi.ons on the Area of Impact and ; ~ ~ Or.dinances and Resolutions pertaininq thereto. ~;i Roll Call Voted ~ . ..~ ,I Councilman Giesler ~_ Councilman P~ye-rs . @ ' Councilman Tolsma ~ Councilman,Brewer , _ _ :~ , r~ayor Kingsford (Tieb'reaker) :: • . . . ' . . ~ . ~ l:. ' . I ;~ Motion . - , , i~ ,i f ',~ il , ~Deni Approved:lJl.t'il ' ~i~ ~ ~ • • ec~ - . . ,I i ; . I ,I i~ 'I ~i ;i AMBROSE, ~ . , , • FITZGERALD u S CROOKSTON ~- Attorneys.and ~, ~ Counselora P.O. Box 427 Merldien Idaho ~ . ~ 83842 Telephone~8BB~4481 '1 ~ rc [ . i. ~ ,. ~: EROD ~ (County ; (City Or BAIV AF3EA 0~ Cl~Y lMPACT ~ ; ; . . .. . :..... ~ . Ordireance No~__. . ...T ~ ; . ~ ~ . • , ~ dina~r~c~ No. ~ ) U. S. Highway 20 - 26 l -;° ~--- -----.._ . _ . .. ~. . ~ . .. . e ~iii~ ~~i . , ..... .: i.. ~ ~ ~ ~ ~. ,_... .. .:. : i ; ~ ~ . . ~ ~. } ` ~ ~ Mi I lan Road ,~,.~~ ~ . ~ ~ 9a v ° 36 3 ~ v~ ~ . , - .,~ Usticbc Road ~~ ~ °~~~ 1. ~ ~•~ t~'rsr~•'~ `.:' . , .~~~. • ~.-'. ~ ~ . ~~ •tr~~~1.~ ~ ~ ~ 3't'' ~~~ ~ ; •'~ ~ ' '~~. 'w.~•. , (~ .,`.', ~ le ~ ... r .~~A. y~_L.y,~ : .., ..j~ .; ~,;., •; ~ o ~ -~•~ ~!~'At•'I+~i~ ~•:~.. ~r',•4 ! . ;~• y~ •. • ~ Cher~y ~ ' ~ ~~~:~~. ~Lane'f~' ';~. . .~~. US ~^ Hi hv~ 30 ~ 1 ~ ~ ~ • • , ~.. .. .,.... ; , . ; . :~_., . ~~ , ~ 1 ' ~' `"~.' ~, .,. ~' .MERIDIA .~ o ~ ` ~ PINE. ST. ... ~ ion Pacif i R, ~ i ~' ..~ ~ ~-- US ighwa ~ .3 • ~ Fronkli d. ~-_..../' ~ ,: ~t: . ~: ~ '° ~ ~ I - ~ ~~ .~. `~ ~ Inlerstate 83 rt ~'~ ~~ -.~ . verlan~ Road -- , ~~ , \ .~ : ~ ~ s~ ~ o~~ ~ o ' o ~ ~ ~-° o _~..-~~ -~ ~ ~ o ~ ~ ~ ~ o o ~ ~ ~ Victo-y ~ Road ~ ~ ~ \ ~ o ~, ; o . ---- ~ ~ j~ o .. . U ~ ` ~ ~ , o ' Ami1 c~ ~~ ~ Road1 c . ~ ~ 'a' \,a ~ ~ ~ ' o ~~ ~ ~° ~~° 33 ~ ~ . J 36 ~ 31 ~ ~ • ~ ~ J . ~ . ~, o o ' o ~ ~ 'Lake ~ Hazel ~ W ~Rood ~ ~ ~, ~ ~ 0 ~ lNer6dian Area of City Impact ; ~r; •~~ IVleridian Clty Llmits i Y 6 ~ ^ 1 ~ Re9~rr~i Areas .~ . ~ Columbio ~~ „~-~ . ~ .. ~ i . ~ . ,~ . ~~ ,~ PROCLAMATION FOR NATIONAL BUSINESS WOMEN'S WEEK WNEREAS working women constitvte 43 million of the nation's work - force, and are constantly striving to serve their communities, their states and their nation in civic and cultural programs, and WHEREAS major goals of bvsiness and professional women are to help create better conditions for business women through the study of sociaZ, educationaZ, economic and political problems; to help them be of greater service to their community; to further friendship with women throughovt the world, and wHEREAS a11 of us are proud of their Ieadership in these many fields of endeavor, NOtia, "I'}-~REFORE I ~ ~ P~e~' _~YOR OF THE CITY OF ~~'17~1`~Ol/Qvu -' ~--__.__ .~ bg the avthority vested in me, do hereby proclaim October 21 through 27, 1984, . ~ NATIOr1A~L BUSINESS WONIDJ' S WEEK sponsored by the National Federation of Buslnes~and Profess,iqo~al Women's C1ubs, Inc., and urge a11' citizens in /~;ey~ ~ ictrv ~eR~~4 0 . a11 civic and fraternal g,roups, a11 educational associations, a11 news media and other community organizations to join in this salute to working women by encouraging and promoting the celebration of the achievements of a11 business and professional women as they contribute daily to our economic, civic and cultural purposes. ~ By _ Da t ~ l~ ~a d ~ , • • RESOLUTION IQO.~~ A RESOLUTION ESTABLISH~N; [~ GRIEVANCE PROCEDURE FOR DISCRIMINAT AGAINST THE HANDICI~PPED; SETTING ~'ORTH THAT THE DISCRI'!~INATION AGAINST THE HANDICAPPED IS AGAINST CITY POLICY. " ~ WHEREAS,,handicapped individuals are entitled to the same rights as non-handicapped individuals. ~nTHEREAS,.dis;crimination against the handicapped is de- gradinr to all parties involved and only makeslife more dif- ficult for the hanclicapped. ~~IHEREAS, it is in the best interest of the City of Meridian and its citizens to alleviate any and all discrimination ac~ainst tlze handicapped, particularly p.~Zysical barriers . NOW, T'rIEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO,~~that the City hereby ado:pts the followi,ng as its official policy against discrimi- nation of the handicapped and a procedure for processina and resolving cornplain~ of. such. discrimination: 1. It is th,e oificial policy of the Cit~ of Meridian that discrimination against the handicapped is forbidden; that this policy shall 'apply to employment practices, such things as physicaT barriers of any kind or anything whatever that discrimi- nate or aat to discriminate against the handicapped. 2. That pursuant to the above policy the City hereby adopts the following proced.ures for processing and resolving • ~ • complaints invqlving discrimination aqainst the handicapped: A, The indi,vidual complaining of violation of the above po'licy shall be referred to as the "Complainant." The complainant shall file a formal complaint. The complaint need not be a legal document and may be informal,in its terms. The complaint shall be in writing and shall contain as much information as ' possible about the alTeged violation. If for some reason the complainant cannot write or is visually impai~red~he may have someone else prepare the complaint or reque,st the Program Co-ordinator to assist in its preparation. The complaint must be signed or indicate the complainant cannot sign and in such case it must be signed by the complainants agent. B. The complaint should be dated and filed within thirty (30),,days of the date of the alleged violation, the complaint must be filed with the program Co=ordinator, who for the City of D~Ieridian shall be , whose address is 728 Meridian Street, P~Ieridian, Idaho, 83642; phone number 888-44.33 and whose office hours are 8:0~ a.m, to 5~OOp.m. C. Within fifteen {15) working days of receipt of the complain,t the Program Co-ordinator shall respond in writing (or by means of a method understood by t.1e compl.ain~:ant) to the complaint. The response shall offer a resolution or explain the position of the City"of r~leridian with respect to the complaint. D. If in the opinion of the complainant, the response by the Program Co-ordinator is not sufficient or does riot satisfactorily resolve the issue, the complainant may, within twenty (20) working days of the date of the response, request a hearing before the City Council of the City of DZeridian for a resolution. The request for hear.ing should be sent to the City Clerk, City of Meridian, 72.8 D:eridian Street, r~2eridian, Idaho, &3642, phone number 888-4433. AMBROSE, FITZGERALD BCROOKSTON i~. Attorneys and Counselore P.O. Box 427 Merldian~`Idaho 83842 Telephone,8881181 ~~ E. Within ten (10) days of receipt of t:~e request for hearimg, the City Clerk shall schec~ule a hearing before' the Gity Council which hearing may not be scheduled more.~than forty-five aays after receipt of the request for hearing. {~ , F. At the hearinq the complainant may be represented by an attorney but need no't be;, he may ~?resent his version ~ V , ,.. ~~ ~ , • 1. ~ of the facts and circumstances and may present any documentary or testimonial evidence he desires. The City' may lil~e~vise present anything it cleems relevant , ~ to the issue and may have its case presented by the C.ity, Attorney , ,r ~. , ~• G. Within thirty (30) ;days o~ the hearing, the City Coun:cil shall decide the issue and i,ts decision shall be in writi~ng or by means of :a met~n.od understood by the complainant. A copy of the written decision, or b~ such`,other means, shall be mailed or delivered to the complainant. . H. Al1 comp.laints received b1 the Progiam Co=ordinator and responses by the City Council shall ~e kept or filed by,the~City of .Mer-idian for a period of three years. These docurnents may be~ requested by the Office of Reveri~ue Sharing should an investigation into alleged~discrimination on the bas.is of handicapped status be initi.ated. I. T~ie decision of the City Council shall be final. 3. It is the intent of the adoption of this policy and procedure to meet .the requirements of the Office` of F.:evenue Sliaring as it pertains t~o discrimination of the handicapped and a grievance procedure to process complaints of violation. PASSED BY THE City Council and approved by the r~Iayor of the City of Meridian, this 15th day of October, 1984. i ~ ~ GR.ANT P . " RIN ,SFORD , r~'IA~ OR ~I ~) ~ i i~ ~ ') AMBROSE, FITZGERALD SCROOKSTON Attorneys and Counaelora ;~ P:O.'Boz 427 Merldlan;~ldaho . 83642 TelepAone 888-4t81 ATTEST ' i - f~ • , • • _ ; ~~ RESOLUTION NO, ~~ A RESOLUTION OE THE CITY OF MERIDIAN, IDAHQ, APPROVING THE ADOPTION OF TWQ'.REFERRAL AREAS AND ~~ROCEDURE FOR PROCESSION BY ADA COUNTY OF COMPREHENSIVE PLAN AMENDMENT APPLICATIONS AND ZONING ANiENDMENT$ A,PPLZCATI:ON WHICH. EFFECT THE TWO REFERRAL AREAS AND COMMENTS BY THE C~TY OF MERIDIAN ON SAID APPLICATIONS. WHEREAS, Ada County and the City of Meridian have jointly adopted an Area'of City Impact Ordinance; and WHEREAS, certain areas were excluded from consideration from the Meridian Ar-ea of Impact because it was unlikely that such ~ ~ areas would be annexed. or provided with urban services by Meridian i.n the future; and , WHEREAS, Meridian has an interest in being informed of planning and ordinance amendments considered by Ada County that might affect these areas. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY'OF MERIDIAN: That the City of l~seridian hereby adopts the hereinafter ', AMBROSE, FIT2GERALD BCROOKSTON Attorneys and Counselors ~ P:O. Boz 427 Merldlen;Flda~o 83842 ,~ Telephone 888-1481 i~ set forth two Meridian/Ada County Referral Areas and procedure for processing Ada County Comprehensive Plan amendment applica- tions and zoning amendment applications which effect the two referral areas and. Meridian's comments on said applications. SECTION 1,0 - REFERRAL AREAS 1.1 The northern referral area is the land within the following boundaries:~ ~ ~. , ~ . ~i .~ ~ •~ .. . 'I I i~ ~~ ~~ ~ ~` ~1 'I I `I ~ ~j :~ r, ~ ~i ;; I; II 'i ~I i i ~ . ~; i, ;' AMBROSE, FITZGEFiALD BCROOKSTON ~~. Attorneys and Counselore P.O. Boz 427 Meridlen; Idaho 83842 -_ Telephone 888-1481 +~ . I ~ ., • 1 . . • .. .. Beginning at t~he intersection of Chinden Boulevard and Linder,Road; south along Linder ~qad for 1 1/4 miles to a.point 1/4 mile south of McMillan Rqad; thence east for 2 3/4 miles to a point 1~4 mile west of Eagle Road; thence south for one mile.to a point 1/4 mi.le ~outh of Ustick Road; thence east one mile to a point 1/4 mile west of C]:overdale Road; thence north for 2 1/4 mi.les to a poirit on Ch,ind~en Boulevard; thence west for 3 3/4 miles to the point of beginning, the intersection o~ Chinden Boul.evar,d and Linder Road.. _ . •, 1.2 The southern r,e~erral area'is the land with~in'the folTowing boundaries: r , ~ , Beginriing on Kuna=Meridian+Road''~at a point,l/4 mile south of Victory Road south~for 2 3%4 miles along Kuna-Meridian Road to the in'.tersection o=f. Columbia R:oad;,:.thence east for 2 3/4 miles to a point 1/4 mil'e west~of Cloverdale Road; thence north for 2 3/4 miles to a point 1/4 mile south of Victory Road; thence west for 2 3/4 miles to the point of beginning on Kuna-Meridian Road. 1.3 The northern referral area and the southern referral area ~ are shown on the attached Meridian Area of City Impact ~~' Map which is hereby incorporated herein as if set forth in fulT hereat,. SECTION 2.0 - AMENDrZENT OF COUNTY PLAN AND ORDINANCES IN _ REFERRAL AREA ` ` Amendments to the Cou-nty Comprehensive Plan and all Area of City Impact Ordinances which apply within the Referral Areas shall be sent by the Ada,County Planning Commission to the Meridian City Council a~nd amendments to the County Zoning Ordinance which apply within the Referral Areas shall be sent by the Ada County Zoning Commission to the M'eridian City Council. Such amendments shall be received at least 15 days prior to any public hearing on them. Any comment by the Meri.dian City Council on such amendments shall be made to the appropriate county agency in writing prior to or at such public hearing. The Board of Ada County Commissioners shall notify the Meridian City Council in writing of the county's action on such amendments within 15 c~ays following a final action by Ada County. on such.matter. '~i ' . . 4 f .. ~j i ' ,i II ,; i~ . ;i ' . • ~ • . . PASSED BY THE COUNCIL OF THE CITY OF,MERIDIAN, IDAHO, TH~IS~~~~~- day o _ , 1984' . ~ " A~PROVED: ~ ~ Grant P. K~.ng . ord , Nlayor ATTEST: y Cler '~~/ / , ~ I ' ~ - u - ~i ~) , ~ !) ' : ~i ' i ~, ~; i: ~~ ii I . ~ ~~ ~i ;) , ~ ~ I ~ ~ i~ AMBROSE, FITZGERALD &CROOKSTON Attorneys and Couns;ora ~ , P.O. Box 427 Meridlen'; Idaho 83842 Telephone~88B~1481 :~ i~ u ~ ' : ;i ~ :. __~~_ .~ ,. , . . . ~z , . ;~ , ~ ~ , , ,, ~, , ~ .~ ~ RESOI,UTION r10.~ ~ A RESOLUTION OF THE CI.TY OF MERIDIAN, IDAI30, APPROVING THE A`-~~~ ~ DOPTIQ~TOF A REFERRAL PROCESS AGREEI~ENT BETWEEN THE CITY OF MEi.~IDIAN AND~ THE ' COtTNTY OF ADA WHICH AGREEr~EN'T ESTABLISHES PRO- II CEDURES FOR AMEN~DIYJG. COMPREHEDISIVF PLANS ANn POLICIES AND ZON- ING AND DEVELOPhiENT ORDIDIANCES AND THE PROCESSING' OF ZONING i AND DEVELOPP~ENT APPLICATIONS. I, 6VHEREAS, the 1975 Local Planning Act requires that Ada y County and each o~f i;ts cities establish Area of Impact Bound- '~ ,i aries for each city anc~ designate the plans and ordinances to ~ app~ly within such Areas of Impa~ct; and , ~ WHEREAS, Idaho Code, S~ction 67-6526(.a), establishes pro- ~i cedures and deadline.s for establishing such Area of Impact Or- ;~ dinancE~s ; and ; . ~ WH,EREAS, Idaho Code, Section 6,7-6526 (:b) ;. ;_rec~uires that if '~ the provisions of 67=6526~(a)• ~are~.rio~t met by the de•adline of , .,~ , ~~ Januar_y l, 1978,~the County Commissioners togetlier with three ~ ' ~. ._ . elected officials from the ci'ty cori;cer'ne,d~Yand three city or ~ ~ i ~ county residents sha,11, by r-ajority vote, recommend to the city '~ and county governing~boards an area of city impact, toaether ~; with plan ~and ordinance requirements; and , , ,, ,i ~i WI-iEREAS, such a~ nine-member committee was formed ~y Ada , ~; County and: r7eridian on August 29, 19~3,~ b~,~ co;nsensus-;~ ana ~ ~ II WHEREAS, said committee has recom.men~de3adoption of an ~~ ordinance establishing the boundary of the A~eridian Area of ,, AMBROSE, ~ City I•mpact and an o:rdinance providing for the application of FITZGERALD ~ &CROOKSTON , ' ~ Attorneys and Counselora I~ " P:O. Boz 427 i ~ Meridlan;~ Idaho , ~ ~ 83842 ~~ Telephone i8~8B-4481 II ~ ,i . ~ plans and ordinance;for the n4eridian Area of City Impact, and WHEREAS, the committee has also~ recommenc~ that a referral ; I ~. >~ ~I AMBROSE, FITZGERALD &CROOKSTON 'I Attorney~s and , Counselors P.O. Bo ~427 Meridlan, IdeAo 83842 Telephone 988J181 ~~. process agreement establishing procedures for amending plan policies and ord~inances and the processing of zoning appli- cations be adopted; NOW, THEREEORE, BE IT RESOLVED BY THE r!IAYOR ArID THE CITY COUNCIL OF THE CITY OF 1`~IERI~IAN, ID~.HO: That the City of N!eridian hereby adopts the hereinafter set forth N!eridian Area of City Impact Referral Process which reads .as follows: SECTION 1.0 AP~lENDMEN,T O~' COMFRE~IENSIVE PLANS FOR LAND SOLEY WITHIN OR TO BE INCLUDED I.D1 THE CITY LIn~!ITS 1.1 Applications to amen~ the bZeridian Comprehensive Plan or zoning ordinance.s, which application pertains to land already in the city limits or land which will be an- nexed into the City of '~eridian coincident with adoption of the Comprehensive Plan Amendment, shall not be governed or controlle~ by this referral process or the Area of City Impact Ordinance. The City of r~Zeridian shall, however, provide Ac~a County with copies of such a~plications 15 days prior to the initial public hearing on said applica- tion and the County, if it desires, may provide comment and input on the application. Such input shall in no way be binding or controlling on the City of Meridian but shall be treatecl as documentary evidence. Upon ap~roval, if approved, the amendment or the admendmen t and the an- nexation, if annexation is a part of the application, shall be effective and the Meridian Cit~ Council shall within fifteen (15)~ days of approval of saicl amendment or amend- men t and annexation, as the case may be, notify the Ada County Zoning Commission of said approval and the effect- ive date thereof. SECTION 2.0 AMENDMENT OF COMPREHEN.SIVE PLANS AND ORDINANCES FOK THE MERIDIAN AREA OF .CITY Ir~IPACT 2.1 Any app'lication to amend the Meridian Comprehensive • • i r AMBROSE, FITZGEFiALD &CROOKSTON Attorney~ end Counselors ~ P.O. Boz 427 Merldlan;(Idaho 83842 Telephone 888-1481 plan as it:may effect the unicorporated areas shall be reviewed and approved or denied by the P~lexidian City Council before.the Ada County Planning Commission shall schedule such amendments for public lzearing. 2.2 All applications for such amendments to the I~ieridian Comprehensive Plan and to the text of P~eridian's imple- menting ordin:ances shall be fo~iarded to the Ada County Planning Co:mmission by the r~eridian Planning and Zoning Commission ~at least 15 days prior ',to any public, hearing on such proposed amendment (s),:~ The Ad'a County Planning Commission shall determine whether or not sucii an amend- ment is in ~conflict with one, or more of, the goals, objec- tives or po~licies of tlze Ada County Comprehensi:ve Plan. The ~da County Planning Commission sha~l notify the Mer= ieli,an Plann;ing and Zoning Commission of such determination in writing prior to or at such public hearing. Such input from the~County shall not be binding or controlling on the City~ of Meridian but.shall be treate d as documentary evidence . 2.3 Once an amendment to the A4eridian Comprehensive ~lan is adopted by the Meridian City Council, the Meridian City Council shall fozward a copy of the final document to the Ada County Plamning Commission within 15 days after its adoption, along with notice as to when the amendment will take effect: Any such amendment made by t_he I~-Zeridian City Council to the ,Meridian Comprehensive Plan, in accord with Idaho Code, sha~ll not take effect in the unincorporated Meridian Area of City Impact unless and until such amend- ment is adopted by the Board of Ada Countv Commissioners as an amendment to the Ada County Comprehensive Plan. 2.4 All proposed amendments ta the Ada County Comprehen- sive ~'lan Rural~ Area Secti-on shall be forwarded by the Ada County Planning Commission to the Meridian City Plan- ning and Zoning Commission at least fifteen (15) days prior to any public hearing on such proposed amenclment. All proposed amendments to the Z~da County Zonin~ Ordin- ance which affect Lm~icorporated areas of the P~eridian Area of City Impact shall be fon,varded by the Ada County Zon- ing Commission to the I~teridian City Planning and Zoning Commission at least fifteen (15) days prior to any public hearing on such proposed amendment. Any comments by the Meridian Planning and Zoning Commission on such amendments sha'll be made to tk~e County agency forraarding said amend- ment in writing, prior to or at such public hearing and • • such shall'not be binding or controlling on I~da County but shall be treated as documentary evidence . The Board.of Ada County Commissioners shall notify the Meridian Ci~ty Council, in writing, of the county's action on such amendments within the P~eridian Area of City Im- pact withiri 15 days following a final decision on such ma t te r . , SECTION 3.0 PROCESSINI OF ZONING APPLICATIONS IN THE MERIDIAN AREA OF CITY IMPACT 3.1 The Ad.a County Zoning Commissiori shall send to the Meridian Planning an~ Zoning Commission all Courity ap- plications ~'for Planned Developments, subdivisions, re- zones, conditional use,permits and private roads, located witnin the Meridian Area of City_ Impact 30 days prior to any county publia hearing on such anplications. The D4er- idian Planning and Zoning Commission shall make recommend- ations to the Ada County Zonin;g Commission on such ap- plications 'in writing and shall cite the County Compre- hensive Plan Rural Area policies or otner policies sup- porting such recommendation. Such recommendations shall be 'received by the Ada County Zoning Division no later than 24 days after Meridian has received such application. 3.2 The P•~e:ridian City Council shall make written recom-> s~:e:n~d~:tion: to the Board of County Commissioners, and to the County Zonin g Commission where appropriate, on any of the applications cited in Section 3.1 abo ve. T~:e reeom- me-ndation~ ~ must be received by the County Zoning Division rio ~=lat.e~ ~" than 24 days after Meridian has received such applica"tion:;. The council shall cite the County Comprehen- sive Plan Rural Area policies that support their recom- mendation.. ' The recommendation from the P~eridian City Council shall not be binding or controll.ing on Ada County but shall be treated as clocumentary evidence . 3.3 Neithe r the Board of Ada County Commissioners nos the Ada County Zoning Commission shall hold a pul~lic hearing on such application until the recommendation of the Mer- idian City Council or Meridian City Planning and Zoning Commission ~as ~been received, or the date the County should have received the said Council's or Commission's recom~ mendation, specified above, has passed. AMBROSE, FITZGERALD &CROOKSTON ~- Attorneys and Counselore ~ P.O. Box1 427 Meridlan~lldeho 83842 Telephone 8~88-r481 ~! 3.4 The Ada County Zoning Division will notify the Meridian City Council in writing of the County's action . I -~ . ,; ~ , '~ 'J 'i 4 ~~ „ >~ i il II I AMBROSE, FITZGERALD & CROOK`STON l ' Attorneys~end Counselors. i~ P.O. Bo`x 427 Merldlen, Idaho &'~842 ip Telephone;~888J181 i~ I +~ ; • ~ , ; on applications within the P7eridian Area of City Impact but outside the~ Meridian City limits within 15 days fol- lowirig a final decision by the appropriate Ada County ageney on such inatter. PASSED BY T~IE COUNCIL OF THE CITY OF P-REP.IDIAN, InAHO, THIS ~' ~~day o f ~~ ~!~ . , 19 8 4. ~ i , ; ~ ~ APPROVED; I 4I ~ ; ~ ~ i ~ ATTEST: ;' _ I ;- ~ ~. I f ~ 1 l ~ ~ i I ~ ~ ~ ~ ` ~y~. ' NT P . KIN~SFORD, N!A`~OR NI j ~