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IDAHO CODE

Ada County is required to comply with state law. Below are several statues to which we argue Ada County has failed to adhere.

 

IDaho code 67-6502

The purpose of the Local Land Use Planning Act (LLUPA) is to protect Idahoans's quality of life by preserving and protecting important natural resources and surroundings. Although Ada County references LLUPA as a guide to planning and zoning decision-making, we believe the Dry Creek Ranch subdivision does not comply with LLUPA. 

TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 65

LOCAL LAND USE PLANNING

67-6502.  Purpose. The purpose of this act shall be to promote the health, safety and general welfare of the people of the state of Idaho as follows:

(a)  To protect property rights while making accommodations for other necessary types of development such as low-cost housing and mobile home parks.

(b)  To ensure that adequate public facilities and services are provided to the people at reasonable cost.

(c)  To ensure that the economy of the state and localities is protected.

(d)  To ensure that the important environmental features of the state and localities are protected.

(e)  To encourage the protection of prime agricultural, forestry and mining lands and land uses for production of food, fiber and minerals, as well as the economic benefits they provide to the community.

(f)  To encourage urban and urban-type development within incorporated cities.

(g)  To avoid undue concentration of population and overcrowding of land.

(h)  To ensure that the development on land is commensurate with the physical characteristics of the land.

(i)  To protect life and property in areas subject to natural hazards and disasters.

(j)  To protect fish, wildlife and recreation resources.

(k)  To avoid undue water and air pollution.

(l)  To allow local school districts to participate in the community planning and development process so as to address public school needs and impacts on an ongoing basis.

(m)  To protect public airports as essential community facilities that provide safe transportation alternatives and contribute to the economy of the state.


IDaho code 67-6509

This code delineates notice procedures for all public hearings. The public hearing on December 15, 2016 was not noticed pursuant to Idaho Code. We were told that because the issue was tabled at an earlier hearing, it was not required to be re-noticed. We have found no evidence supporting this claim. We believe public hearings give people a chance to have their voices heard about issues affecting their community. If the public is not valued as an integral part of this process (as a lack of notice would suggest), then a public hearing does not serve its important purpose. The Board of County Commissioners and Ada County Development Services have repeatedly dismissed concerns about the lack of notice for the public hearing and the community, understandably, does not feel valued or heard in this process.

TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 65

LOCAL LAND USE PLANNING

67-6509.  Recommendation and adoption, amendment, and repeal of the plan. (a) The planning or planning and zoning commission, prior to recommending the plan, amendment, or repeal of the plan to the governing board, shall conduct at least one (1) public hearing in which interested persons shall have an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the plan to be discussed shall be published in the official newspaper or paper of general circulation within the jurisdiction. The commission shall also make available a notice to other papers, radio and television stations serving the jurisdiction for use as a public service announcement. Notice of intent to adopt, repeal or amend the plan shall be sent to all political subdivisions providing services within the planning jurisdiction, including school districts and the manager or person in charge of the local public airport, at least fifteen (15) days prior to the public hearing scheduled by the commission. Following the commission hearing, if the commission recommends a material change to the proposed amendment to the plan which was considered at the hearing, it shall give notice of its proposed recommendation and conduct another public hearing concerning the matter if the governing board will not conduct a subsequent public hearing concerning the proposed amendment. If the governing board will conduct a subsequent public hearing, notice of the planning and zoning commission recommendation shall be included in the notice of public hearing provided by the governing board. A record of the hearings, findings made, and actions taken by the commission shall be maintained by the city or county.


Ada County ordinance 8-7A-5 

"Legal Notice: At least fifteen (15) days prior to the public hearing, the director shall publish a notice of the time and place and a summary of the application in the official newspaper of general circulation in the county."


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