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90A (Amended) Referral Process Comp Plan Amendments w/ Ada County415 AMENDED RESOLUTION NO. 90 A RESOLUTION OF THE CITY OF MERIDIAN AMENDING RESOLUTION NO. 90 WHICH IN 1984 APPROVED THE ADOPTION OF A REFERRAL PROCESS AGREEMENT BETWEEN THE CITY OF MERIDIAN AND THE COUNTY OF ADA WHICH AGREEMENT ESTABLISHES PROCEDURES FOR REFERRING AMENDMENTS OF COMPREHENSIVE PLANS AND POLICIES AND ZONING DEVELOPMENT ORDINANCES BETWEEN THE CITY OF MERIDIAN AND THE COUNTY OF ADA AND PROVIDES FOR THE PROCESSING OF ZONING AND DEVELOPMENT APPLICATIONS; RESCINDING SAID ORIGINAL RESOLUTION 90 AND READOPTING SAID RESOLUTION TO READ AS SET FORTH HEREINAFTER; AND PROVIDING AN EFFECTIVE DATE. i WHEREAS, the City Council of the City of Meridian passed Resolution No. 90 in 1984 adopting a referral process between the City and Ada County for comprehensive plan, zoning and subdivision amendments and applications and which both the Meridian City Council and the Ada County Commissioners have agreed to change and amend; and WHEREAS, the 1975 Local Planning Act requires that Ada County and each city therein establish area of impact boundaries for each city and to designate the comprehensive plans and ordinances to apply within such areas of impact; and WHEREAS, Idaho Code Section 67-6526 establishes procedures for amending or changing said area of impact ordinances and the area of impact boundaries; and WHEREAS, the City of Meridian and the County of Ada have agreed to amend their respective area of impact ordinances and the boundaries of the Meridian Area of City Impact and either have passes ordinances so changing such area of Impact and the associated ordinances or are in the process of so adopting such ordinances; and WHEREAS, the City of Meridian and the County of Ada have agreed to amend the referral agreement resolutions establishing procedures for referring to each other applications for amendments to comprehensive plans, zoning and subdivision ordinances, and developmental ordinances and procedures for processing applications for such amendments; NOW, THEREFORE, HE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: 416 The City of Meridian hereby adopts the hereinafter set forth Amended Meridian Area of Impact Referral Process which shall read as follows: Section 1.0 AMENDMENT OF CITY COMPREHENSIVE PLAN AND ORDINANCES 1.1 All proposed amendments 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 Developmental 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 Commission, or the Meridian City Council, as the case may be, of such determination in writing prior to or at such public hearing. Such input from the County shall not be binding or controlling on Meridian, but shall be treated as documentary evidence. 1.z When the Meridian City Council has rendered a final decision to adopt an amendment to the Meridian Comprehensive Plan or the Meridian Zoning and/or Subdivision Drdinances, the Meridian City Clerk shall, within fifteen (15) days, forward a copy of the final document 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 amendment was mailed, the Board of Ada County Commissioners shall either protest the amendment 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 amendment to the area of city impact ordinance. Section 2.0 AMENDMENT OF COUNTY COMPREHENSIVE PLAN AND ZONING ORDINANCE 2.1 All proposed amendments to the Ada County Comprehensive Plan and/or the Ada County Zoning Ordinance shall be forwarded by the Ada County Development Services Department Director to the Meridian City Clerk at least thirty (30) days prior to any public hearing on any such proposed amendmentts). The Meridian City Council and/or the Meridian Planning and Zoning Commission shall determine whether or not such amendment 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 in 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 documentary evidence. 2.2 The Board 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 amendment(s) were mailed, the Meridian City Council shall either protest the amendment(s) and request renegotiation of the Area of City Impact Ordinances, or if necessary, shall direct the Meridian Planning and Zoning Commission to schedule the amendment for public hearing as an 41'7 amendment to the Area of City Impact 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, in writing and shall cite the Meridian Zoning and/or Subdivision Ordinances or the Meridian Comprehensive Plan policies, goals objectives or provisions supporting such recommendation. Such recommendation 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 treated 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 recommendation 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 recommendations, 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 AMENDMENT OF COUNTY PLAN AND ORDINANCES/PROCESSING OF LAND USE APPLICATIONS IN REFERRAL AREAS Amendments 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 land use applications within those referral areas shall be sent by the Ada County Development Services Department Director to the Meridian City Clerk. Such documents shall be mailed at least thirty (30) days prior to any public hearing on them. Any comment by the Meridian City Council on such documents shall be made to the Ada County Development Service Department in writing prior to or at such public hearin. Such input from Meridian shall not be binding or controlling on the County, but shall be treated as documentary evidence. The Board of Ada County Commissioners shall notify the Meridian City Council in writing of the County's action on such documents within thirty (30) days following a final action by Ada County on such matter.. Section 5. EFFECTIVE DATE. This Resolution shall be effective upon passage and approval thereof and upon the passage and approval of the Ada County adjunct Resolution. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, THIS 20th Day of November, 1990. APPROVED: ` ~ _/ "~ ~ RANT P. KINGSFORD, MA i. ATTEST: JACK CLERK