1990 10-30
SPECIAL MEETING PLANNING & ZONING OCTOBER 30, 1990
The Special Meeting of the Meridian Planning and Zoning Commission was called to
order by Chairman Jim Johnson at 7:30 P.M.:
Members Present: Tim Hepper, Jim Shearer, Moe Alidjani:
Members Absent: Charlie Rountree:
Others Present: K. Beumeler, Dexter King, Joan Priest, Bill Gill, Al & Pat Marion,
Wayne Crookston,
Johnson: Our purpose for this Meeting tonight is to consider an application to amend
the Area of Impact Ordinances and to discuss a petition to amend the Area of Impact
and associated ordinances. This is a Public Hearing and I will now open the Public
Hearing, is there anyone from the Public who wishes to testify? Being no response
the Public Hearing is closed. Commissioners you have before you two items, the petition
itsself which is really a two part petition, let's start with that, are there any
questions regarding the petition? There were no questions of the commission.
Explained how the map is now and where the changes would be. The second part of this
petition is basically a, through a series of meetings with Ada County, because
apparently there is pressure from developers and other concerned parties to change
the ordinances so that five acre tracts can be developed. This Amendment to Title
1 Chapter 13 of our Area of Impact addresses that. It makes our changes in our
Ordinances to coincide with Ada County and the main purpose of our petition is to
address this issue. There is an addendum to that in order to speed up this process
we've already adopted preliminary Findings of Fact and Conclusions of Law by the
City Attorney, since we've have not had any testimony and our prior discussions
indicate our agreement that would be the second issue we've handled tonight is to
approve the Findings of Fact and Conclusions of Law. At this point we need to address
the Findings.
The Motion was made by Alidjani and seconded by Shearer that the Meridian Planning and
Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions
of Law.
Roll Call Vote: Hepper - Yea; Rountree - Absent; Shearer - Yea; Alidjani - Yea;
MotionCarried: All Yea:
The Motion was made by Shearer and seconded by Alidjani that the Meridian Planning and
Zoning Commission hereby recommends to the City Council that the Planning & Zoning
Commission's proposed Amendments to the Area of Impact Ordinances and Map should be
approved and adopted.
Motion Carried: All Yea:
The Motion was made by Shearer and seconded by Shearer to adjourn at 7:35 P.M.:
Motion Carried: All Yea:
APPROVED:
~., ; _ ,
JIM JOHNSON, CHAIRMAN
AMBROSE,
FITZG ERALD
B CROOKSTON
Attorneys uM
Countblorc
P.O. Boz /Z7
Mer101en,IEeKo
&1812
Taleptans 888-1181
NOTICE OF SPECIAL MEETING
NOTICE IS HEREBY GIVEtJ that the Planning and Zoning
Commission of the City of Meridian will hold a special meeting
at 7:30 o'clock p.m., Tuesday, October 30, 1990, at the Meridian
City Hall, 33 East Idaho Street, Meridian, Idaho. The purpose
of said meeting is to hold a public hearing to take testimony
and written statements pertaining to the proposed amendments to
Chapter 13, Title 1, Area of City Impact, of the Revised and
Compiled Ordinances of the City of Meridian, and to consider and
discuss changes in Resolution N0. 90 regarding the Referral
Process Agreement between the City of Meridian and Ada County
for land use applications. See Notice of Public Hearing
published in this issue regarding the hearing and its purposes.
The public is welcome and comments and testimonies will be
taken regarding the above matters.
i ,
DATED this~~~i day of(~!"r°1 1990.
i
M
NOTICE OF PUBLIC HEARING
AMBROSE,
FITZG ERALD
d CROOKRTON
Atmmeye anE
GGUnNIOro
P.O. Bov lZ7
MarlElAn, IUeho
BJ812
TeIp110M 8881181
NOTICE IS HEREBY GIVEN that the Meridian Planning and
Zoning Commission will hold a public hearing on October 30,
1990, at 7:30 o'clock p.m., at the Meridian City Hall, 33 East
Idaho Street, Meridian, Idaho, pursuant to Sections 67-6509 and
67-6526, Idaho Code, to take testimony and written statements
pertaining to proposed amendments to Chapter 13, Title 1, Area
of City Impact, of the Revised and Compiled Ordinances of the
City of Meridian.
The proposed amendments Chapter 13, Title 1, Area of City
Impact, are, in summary, as follows:
1. To change the Area of City
extend it on a portion of the west
and to extend it in the northeast
west of Cloverdale Road and to 1/
Millan Road. The proposed Area of
as shown on the attached map.
Impact boundary to
to Mc Dermott Road
corner to 1/4 mile
4 mile south of Mc
Impact boundary is
2. To repeal Chapter 13, Title 1, Area of City
Impact and to re-enact it to re-organize it and to set
forth the Area of Impact boundary and map; to delete
one of the "Renegotiation" provisions since there is
now a duplication of the same provision; to state and
reaffirm that the Meridian Comprehensive Plan shall
apply to the Meridian Area of City Impact; to state
that within the Area of Impact but outside the City
limits land use applications shall be governed by the
Ada County Zoning and Subdivision Ordinances; to state
that all proposed subdivision plats within the
unincorporated area of impact shall be submitted to
both the City of Meridian and Ada County for approval;
to state that proposed subdivision plats in Ada
County's Rural Transition Zone and in Meridian Urban
Service Planning Area Boundary shall contain a street
and utility easement plan which provides for
resubdivision to urban densities, unless a waiver of
that requirement is obtained from the Meridian City
Council; to state that subdivisions in the Ada County
Rural Transition Zone and in the Meridian Urban
Service Planning Area, issuance of the first building
permit prior to the first building permit shall
install dry line sewer and water lines to accommodate
future resubdivision to Urban densities unless a
~rrritten waiver of this requirement is granted by the
Meridian City Council; to provide for a referral
process between the City and Ada Gounty for land use
applications and providing for a referral process
resolution; to provide for a renogtiation procedure
for the Area of Impact and the Area of Impact
Agreement contained in Chapter 13, Title 1, and to
state that during renogtiation the existing provisions
shall apply.
The Commission will also
changes in Resolution No. 90
Agreement between the City
applications.
discuss and consider proposed
regarding the Referral Process
and Ada County for land use
The public is welcome and encouraged to submit testimony or
written commit.
DATED this ~ day of October, 1990.
AMBROBE,
FITZGERALD
6 CROOKSTON
Allomaya and
Counealora
P.O. Boa 127
MMCMn, kWo
&9812
TalspNOna 8881181
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DRAFT 10/5/90 C[IAPTER 4
MFI2IDIAN AAFA OF C,LTY Il~ACP
SDCPION:
9-4-1: Meridian Area of City Impact Botuxlary
9-4-2: Annexation, Area of Impact
9-4-3: Applicable Plan Policies and Ordirarx~s
9-4-4: Coordination of Plan Attrerrhtients, Ordinance Amendments,
and Zoning Applications
9-4-5: Renegotiation
9-4-1: MERIDIAN ARFA ~ C,LTSC IMPACT B(~iaC:
A. Meridian Area of City Impact Hourx7ary Map_
1. The Meridian Area of City Impact is the area designated on the
Meridian Area of City Fact Bourr3ary Map, hereby fully
incorporated by reference, copies of which are available for
inspection at the Ada County Department of Development Services.
2. AmerKhnents to the macs are as follows:
a.
B. In case a property under single ownership is divided by the bowidary
line of the Meridian Area of City Impact and the line divides such
property so that one or both of the parts has a depth of three hundred
feet (300') or less, such part may be included in the jurisdiction
within which the remainder and larger portion of the property is
located.
9-4-2: Ai~TIQ~i, ARFA OF IMPACT:
A. Annexation by the City of Meridian shall be limited to those lands lying
within the area of impact and being contiguous to the boundaries of the
City of Meridian.
B. Upon annexation, the provisions of this agreement shall no longer apply
to the annexed area.
9-4-3: APPLICABIE PLAN PCHSC,D~S AND Q~IH~7+S:
A. `Ihe P,ele-2enn~p-Meridian Comprehensive Plan as amended by the City of
Meridian on Julv 17, 1990, Rrxre}-Arra -by-P~7a~ec~n~y-a9
e€-Map-46; 49837 shall apply to the Mexidian Area of City Impact.
B = --Present}y-aeneel-~arids-sHe~~-be-e~~e~red-~leve~ep-in-aeeerelanee-br#~k
develegmenb-stsr~areLg-eenta}ned-ir-Pr]a-Eannty*-Sen}rxf~inariee
8= B. All subdivision plats, situated within the area of impact, shall be
submitted to the City of Meridian for approval, in addition to Ada
County approval, as provided in Idaho Code Section 50-1306.
C.
D.
B= E. The Ada County Code, Title 8, the Zoning Ordinance ~ shall be used
to i~lement this Chapter. All land use applications shall also comply
with the provisions of this Chapter.
9-4-4: CO(H~INATICN OF PLAN 1T15, (YmIl~tdCE AM@III+IENPS APID
Zt<dII~ APPLI(~7.`I(1i5:
A. All applications for County aril City amendments to their respective
Comprehensive Plans and implementing ordinances which apply within the
Meridian Area of City Impact shall be sent by the entity considering
such amerrdmexit to the other entity. A separate Referral Process shall
be adopted by resolution by each entity regarding procedures and time
periods for, and the effect of, sending such amerxLnents, and such
resolution may be amended from time to time upon mutual agreement in
writing by Ada County and the City of Meridian.
B. All County applications for planned developments, subdivisions, rezones,
private roads, and conditional use permits within the Meridian Area of
City Tiripact shall be sent to Meridian, in accordance with the Referral
Process arrived at pursuant to subsection A above.
9-4-5: RII~IATI(N:
A. In accordance with Idaho Code 67-6526(d), the Meridian City Council or
the Board of Ada County Commissioners may request, in writing,
renegotiation of any provision of this Ci~apter at any time. Within
thirty (30) days of receipt of such written request by either party, a
meeting between the two (2) jurisdictions shall occur.
to preliminary plat approval by the Board.
B. While renegotiation is occurring, all provisions of this (riapter shall
remain in effect until this chapter is amended or a substitute ordinance
is adopted by Meridian and Ada County, in accordance with the notice and
hearing procedures provided in ~ , Ada County and
Idaho Code-- s or until a declaratory judgment from the District Court
is final. Provided, however, that this C3~apter or stipulated portions
thereof shall be of no further force and effect if both jurisdictions so
agree by mutually adopted resolution.
~a-eet~rf~y-eeele; -~~t~e-B
Attachment to County Resolution
CITY OF MERIDLAN/ADA GOiINPY REE'II2RAL, PROCESS AQ2EQ~IP
Section 1.0 AMII~S7T OF CITY COMpRII~SISIVE PLAN AND ORDII~,NCFS
1.1 All proposed amerxhnents to the Meridian Comprehensive Plan or the
Meridian Zoning and/or Subdivision Ordinances shall be forwarded to the
Ada County Development Services Department Director by the Meridian City
Clerk at least fifteen (15) days prior to any public hearing on any such
proposed amendment(s), whether said amendment(s) is before the Meridian
Planning and Zoning Commission or the Meridian City Council. The Ada
County Department of Development Services shall determine whether or not
such amendment(s) is in conflict with either the Ada County
Comprehensive Plan or the Ada County Zoning Ordinance. The Ada County
Development Services Department Director shall notify the Meridian
Planning and Zoning C~mnission, or the Meridian City Council, as the
case may be, of such determination in writing prior to or at such public
hearing. Stich input from the County shall not be binding or controlling
on Meridian, but shall be treated as documentary evidence.
1.2 When the Meridian City Council has rendered a final decision to
adopt an amencFner~t to the Meridian Comprehensive Plan or the Meridian
Zoning and/or Subdivision Ordinances, the Meridian City Clerk shall,
within fifteen (15) days, forward a copy of the final docimient to the
Ada County Development Services Department Director and the Board of Ada
County Commissioners, along with a notice as to when the amendment will
take effect in the City. Within thirty (30) days after the Plan
ai[~erxFrient was mailed, the Board of Ada County Commissioners shall either
protest the amencanent and request renegotiation of the area of city
impact ordinances, or if necessary, shall direct the Ada County Planning
and Zoning Commission to schedule the amendment for public hearing as an
arrwrv3rrwnt to the area of city impact ordinance.
Section 2.0 ANI~1DNgNT OF COUNTY COMPRIIgSIS1VE PLAN AND ZONING ORDINANCE
2.1 All proposed arnerrhnents to the Ada County Comprehensive Plan and/or
the Ada County Zoning Orriinance shall be forwarded by the Ada County
Development Services Departrent Director to the Meridian City Clerk at
least thirty (30) days prior to any public hearing on any such proposed
a„w„rln,ant(s) . The Meridian City Council aIld/or the Meridian Planning
aril Zoning Cor~unission shall determine whether or not such amencLnent is
in conflict with one or more of the goals, objectives, policies or
provisions of Meridian Comprehensive Plan, the Meridian Zoning and/or
Subdivision Ordinances. The Meridian City Council shall notify the Ada
County Development Services Department of such determination >n writing
prior to or at such public hearing. Such input from the City shall not
be binding or controlling on the County, but shall be treated as
doctunentary evidence.
2.2 The Boax+d of Ada County Commissioners shall notify Meridian, in
writing, of the County's action on such amendment(s) within fifteen (15)
days following a final decision on such matter along with notice as to
when the amendment(s) will take effect in the County. Within thirty
(30) days after the anwr,r9mant(s) were mailed, the Meridian City Council
shall either protest the amendment(s) and rerniact renegotiation of the
Area of City Impact Ordi~?nrac, or if necessary, shall direct the
Meridian Planning and Zoning Commission to schedule the amendment for
public hearing as an ama.+rtn+nnt to the Area of City Fact Ordinance.
Section 3.0 PROCESSING OF LAND USE APPLICATIONS IN THE MERIDIAN AREA OF
CITY IMPACT
3.1 The Ada County Development Services Department Director shall send
to the Meridian City Clerk all County land use applications concerning
property located within the Meridian Area of City Impact including, but
not limited to, applications for: planned developments, subdivisions,
rezones, private roads, and conditional use permits, thirty (30) days
prior to any county public hearing on such application. The Meridian
Planning and Zoning Commission or the Meridian City Council shall make
recommendations to the Ada County Development Services Department
Director on such application, >r writing and shall cite the Meridian
Zoning and/or Subdivision Ordinances or the Meridian Comprehensive Plan
policies, goals, objectives or provisions supporting such
recbnmiendation. Such recormnendation shall be mailed to the Ada County
Development Services Department Director within thirty (30) days. Such
input from Meridian shall not be binding or controlling on the County,
but shall be treat~i as documentary evidence.
3.2 Neither the Board of Ada County Commissioners nor the Ada County
Planning and Zoning Commission shall hold a public hearing on such
application until the rec«mnendation of the Meridian City Council or the
Meridian Planning and Zoning Commission, as the case may be, has been
received, or the date the County should have received said Council's or
Commission's rec~nerxlations, specified above, has passed.
3.3 The Ada County Department of Development Services will notify the
Meridian City Clerk in writing of the County's action on land use
applications located within the Meridian Area of City Impact but outside
the Meridian city limits within fifteen (15) days following final
decision by the appropriate County agency on such matter.
Section 4.0 AMFS~S]T OF ~i1NPY PLAN AND ORDINANCES/PROCT:SSING OF LAND USE
APPLICATIONS IN REFII2RAI, AREAS
AtnerxFnents to the Ada County Comprehensive Plan, the Ada County Zoning
Ordinance, and all Area of City Impact Ordinances which apply within the
Referral Areas, as identified on the Meridian Area of City Impact Map,
and all larXl use applications within those referral areas shall be sent
by the Ada County Development Services Department Director to the
Meridian City Clerk. Stich docwneents shall be mailed at least thirty
(30) days prior to any public hearing on them. Any comment by the
Meridian City Council on such docimients shall be made to the Ada County
Development Services Department in writing prior to or at such public
hearing. Such input from Meridian shall not be binding or controlling on
the County, but shall be treated as docimientary evidence. The Board of
Ada County Commissioners shall notify the Meridian City Council in
writing of the County's action on such dociunents within thirty (30) days
following a final action by Ada County on such matter.
APPROVED AND ADOPTED THIS DAY OF 1990.
BOARD OF COUNTY
Vernon L. Bisterfeldt, C]~airman
Judy M. Peavey, Commissioner
Dave O'Leary, Commissioner
John Hastida, Ada County Clerk
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
CITY OF MERIDIAN'S
OCTOBER 1990 APPLICATION TO AMEND
THE AREA OF IMPACT ORDINANCES
PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled application to amend the Meridian Area
of Impact Ordinances having come on for public hearing on
October 30, 1990, at 7:30 o'clock p.m., and the Planning and
Zoning Commission having heard any and all testimony that was
submitted, including the taking of judicial notice of matters of
which it may take judicial notice, and including its knowledge
of existing conditions and prior findings of fact and
conclusions of law adopted on prior amendments to the Area of
Impact Ordinances and Comprehensive Plan amendments and having
duly considered all the evidence, officially noticed evidence
and the facts of the Comprehensive Plan, the Local Planning Act
of 1975, and the Zoning and Subdivision Ordinances of the City
of Meridian, the Planning and Zoning Commission makes the
following:
FINDINGS OF FACT
1. That the Application was submitted by the Planning and
AMSROSE,
FITZGERALD
B CROOKSTON
Attomaye ~nC
cwAS.l«.
F.o. eo. u~
MMGIAn,IGNo
5381]
Talptwn5888~N61
Zoning Commission and is an amendment proposed by the Commission
FINDINGS OF FACT AND CONCLUSIONS OF LAW 1
after negotiations with Ada County by members of the Commission
and the City Council; that Ada County is in agreement with the
proposed changes in the area of impact ordinances and associated
resolutions and in fact proposed many of the changes.
2. That there are two specific land areas involved in
AMBROSE,
FITZGERALD
6 CROOKSTON
Aflomeya Ntl
Counsalora
P.O. Bov X27
MerlAlen, Itlaho
83812
TalspNOne 88&M81
this Application where the Area of Impact boundary would be
expanded from its present boundaries which are I) extending the
northeast corner of the area of impact to 1/4 mile west of
Cloverdale Road and to I/4 mile south of McMillan Road and 2)
extending the most westerly portion of the Area of Impact to
McDermott Road; that the other principal provisions of the
Application are to provide that in the unincorporated area of
the Area of Impact the Meridian Comprehensive Plan shall apply,
that within the area of impact but outside the city limits land
use applications shall be governed by the Ada County Zoning and
Subdivisions ordinances; to state that proposed subdivision
plats in Ada County's Rural Transition Zone and in the Meridian
Urban Service Planning Area shall contain a street and utility
easement plan which provides for resubdivision to urban
densities unless a waiver of that requirement is obtained from
the City of Meridian, and that in the Rural Transition Zone of
Ada County and within the Urban Service Planning Area prior to
the issuance of the first building permit, dryline sewer and
water lines must be installed to accommodate future
resubdivision to urban densities unless a written waiver is
granted by the Meridian City Council; that the Application of
FINDINGS OF FACT AND CONCLUSIONS OF LAW 2
the Planning and Zoning Commission to amend the Area of Impact
Ordinances and the Area of Impact map is hereby incorporated
herein as if set forth in full.
3. That the two specific land parcels of property to
which the extension of the Area of Impact boundary applies are
adjacent to the present Meridian Area of Impact and are zoned by
the County.
4. That the two specific parcels of property to which the
extension of the Area of Impact boundary portion of Application
deals with are presently used for residential acreages, pasture
land and farm ground.
5. That the area between the Meridian City limits and the
AMBROSE,
FIRGERALD
B CROOKSTON
Attomaya InE
('qunNlMa
P.O. Boa 127
MerlElan, IEYIo
B3B12
Teleplwne 88&1161
city limits of Boise is becoming more and more developed; that
with the development of the area between the two cities, demand
for municipal services will continue to grow; that since the
last amendment to the Area of Impact ordinances in 1984 the
Meridian School district constructed a new high school at the
corner of Cloverdale and McMillan Road and that historically
residential development is encouraged thereby; that the
feasibility of providing sewer service to this area has been
increased in that it has become known that extension of the City
of Meridian's sewer treatment along the South Slough is
possible; that the improvement of Eagle Road from Overland Road
to Fairview Avenue has been completed and it is planned that
that improvement will continue from Fairview Avenue to the City
of Eagle and further; that with the improvement of Eagle Road
FINDINGS OF FACT AND CONCLUSIONS OF LAW 3
AM BROSE,
FITZGERALD
S CROOKSTON
Allwnays uM
Couneelwe
P.O. Bo. 127
Msddlen, Idefw
838/2
Telplgne 888~N81
the continued development of the northeastern portion of the
existing Area of Impact is likely; that the City limits of the
City of Meridian already extend to within one-half mile of
Cloverdale Road along Fairview Avenue; that the extension of the
area of impact boundary in this northeast direction is not an
extension further east than the existing boundary but is an
extension to the north and is merely a squaring up of the
boundary.
6. That regarding the extension of the Area of Impact
Boundary on the west to McDermott Road, the Meridian City limits
already extends to Black Cat Road and the residential growth is
continuing in that direction with the continued development of
Cherry Lane Village and Golf View Estates.
7. That Section 67-6526 (b), Idaho Code, requires that in
defining an area of city impact, three factors shall be
considered which are the trade area, geographic factors, and
areas that can reasonably be expected to be annexed to the city
in the future; that the City, when it amended its Area Of Impact
Ordinances in 1984, addressed these three concerns and the
findings pertaining to the above three factors are incorporated
herein as if set forth in full with the following comments; 1)
that Meridian's trade area is extending to the east with the
improvement of Eagle Road; 2) that there are new industrial uses
expanding along Eagle Road and with the improvement of Eagle
Road this expansion is likely to continue; 3) that it is
probable that the intersection of Eagle Road and Fairview
FINDINGS OF FACT AND CONCLUSIONS OF LAW 4
Avenue, although not developed in any fashion will likely be
developed in the not too distant future; 4) that the 1984
findings were limited to retail trade area and it is found to be
just as important to consider the industrial and commercial
trade area as well and with the industrial expansion along Eagle
Road Meridian's trade area is extending to the east; 5) that
with regard to consideration of the areas that can reasonably be
expected to annexed in the future, the indication that the area
in the northeast likely can be provided sewer service by means
of extension of sewer lines in the South Slough indicates that
this northeastern area is likely to be annexed in the future due
to the growth the area is even now experiencing.
8. That the City of Boise and Ada County entered into
Area of Impact Agreements regarding Boise's Area of Impact,
which agreements set Boise's western boundary of its area of
Impact at one-quarter of a mile west of Cloverdale; that the
extension of Meridian's Area of Impact in the northeast would
not interfere or conflict with Boise's area of impact.
9. That Ada County has rezoned the land within Meridian's
AMBROSE,
FITZG ERALO
B CROONSTON
Attomeye and
Counblon
P.O. Box ~2T
MMO4n, IOYro
8]M2
Tsleplwns BBB~M1
Area of Impact to what the County refers to as Rural
Transition; that this zone allows development of five acre
tracts if the County's ordinances relating to that type of
development and zone are complied with; that the City of
Meridian is concerned that if five acre tract development is
allowed in the Area of Impact, that future sewer problems could
exist as evidenced with the sewer problem that is occurring in
FINDINGS OF FACT AND CONCLUSIONS OF LAW 5
AMBROSE,
FITZGERALD
d CROOK570N
Attomaya ane
Counsslaa
R.o. Boa a77
MM01an,l0al~o
B38a2
T~Nplwna BBBMEt
what is referred to as Southwest Boise Metropolitan Area; that
to avoid similar problems in the Meridian area future planning
of sewer needs and installation of dry sewer lines need to be
provided for and since sewer and water lines are more
efficiently placed in road rights-of-way, it make sense to have
sewer, water and roads planned in advance so that future and
eventual municipal services will be able to be provided to the
area and at the least amount of cost; that there could be
situations where the installation of dry water and sewer lines
and future planning of sewer and water lines and roads is not
necessary and thus it is necessary to have a procedure where
such future planning requirements can be waived.
10. That due to the County changing the zoning of the
unincorporated land in the Area of Impact to the Rural
Transition Zone, which allows development of five acre tracts,
that such a change poses a possible severe impact on land that
is designed to be at some time in the future annexed to the
City; that in order to have more control over that land it is
appropriate to have the Meridian Comprehensive Plan apply to
that area; that Ada County has agreed that Meridian's
Comprehensive Plan shall apply to the area.
11. That these findings of fact have been prepared on a
preliminary basis prior to the public hearing and it may be
necessary to amend these findings on the basis of testimony
submitted at the hearing and the Commission reserves the right
t0 d0 S0.
FINDINGS OF FACT AND CONCLUSIONS OF LAW 6
CONCLUSIONS OF LAW
1. That the requirements of the local Planning Act,
Title 67, Chapter 65, Idaho Code, including all notice and
hearing requirements have been met; that the Planning and Zoning
Commission has authority to recommend changes to the area of
impact.
2. That the Application was initiated by the Planning and
Zoning Commission with the consent and urging of Ada County and
not by any individual or private entity.
3. That the Commission may take judicial or official
notice of existing conditions in the City, County and State, and
of governmental actions, policies and ordinances and of its own
prior findings in other land use Applications and those of the
City Council.
4. That the function of adopting and amending the Area of
Impact Ordinances is a legislative function mandated by the
Local Planning Act itself. Burt vs. The City of Idaho Falls
105 Idaho 65, 665 P.2d 1075 (1983). That even though this is a
legislative function, the Local Planning Act requires that the
procedures of 67-6509, Idaho Code, be met and thus Findings of
Fact and Conclusions of Law have been prepared.
5. That the Application itself is concluded to meet the
AMBROSE,
FITZGERALD
6 CROOKBTON
AttomaysMM
OounNlors
P.O. Boa of
MerIEWn, IWllo
&981]
Talsplana 8881181
requirements of the Local Planning Act.
6. That it is concluded that there has been significant
FINDINGS OF FACT AND CONCLUSIONS OF LAW 7
changes in the area warranting changes to the Area of Impact
ordinances and map; that a significant change is the change by
the Ada County Commissioners to allow development of five (5)
acre tracts within the unincorporated areas of Ada County; also
the changes along Eagle Road also constitute substantial and
significant changes in the area warranting changes in the Area
of Impact agreement and ordinances..
7. That the Commission concludes that the facts presented
and the officially noticed facts are sufficient to amend the
Area of Impact Ordinances and the Boundary; that the Commission,
since these Conclusions were prepared prior to hearing, reserves
the right to amend these Conclusions to accurately reflect the
testimony
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts
AMSROSE,
FI7ZGERALD
6 CROOKSTON
and approves these Findings of Fact and Conclusions of Law.
ROLL CALL:
Commissioner Hepper
Commissioner Rountree
Commissioner Shearer
Commissioner Alidjani
Chairman Johnson (Tie Breaker)
Voted_~
Voted / ~
Voted~_
.,\~~// Voted
~!~ Voted _
Attom•y •nd
Go•R..Iw, FINDINGS OF FACT AND CONCLUSIONS OF LAW 8
P.O. BoK I27
MBNOIan, IANO
83812
Tal•p1aMBB&MB7
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RECOMMENDATION
The Meridian Planning and Zoning Commission hereby
ecommends to the City Council that the Planning and Zoning
ommission's proposed Amendments to the Area of Impact
~dinances and Map should be approved and adopted.
OTION:
APPROVED: DISAPPROVED:
~~
AMBROSE,
FITZG ERAID
d CROONSTON
Attorneys an0
Counwloro
P.O. Box a9
Mxlolen,loslw
87M2
Tslepllone BBBN81
IINDINGS OF FACT AND CONCLUSIONS OF LAW 9