HomeMy Public PortalAboutOrd. 833 - Replace 827 and 828 Moratorium on Building Permits Residential and Res SubdivisionORDINANCE NO. 833
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO REPLACING
ORDINANCES 827 AND 828 OF THE McCALL CITY CODE, TO PROVIDE THAT THERE
IS AN IMMEDIATE NEED FOR COMMUNITY HOUSING AND TO PROVIDE FOR AN
INTERIM MORATORIUM ON ALL RESIDENTIAL SUBDIVISION AND RESIDENTIAL
BUILDING PERMIT APPLICATIONS WITHIN THE CITY OF Mc CALL WITH CERTAIN
EXCEPTIONS AND EXEMPTIONS.
WHEREAS, the health, safety and welfare of the citizens of the City of McCall is dependent
upon a reasonable supply of affordable, deed restricted workforce housing (community housing)
being made available to ensure that medical personnel, peace officers, emergency personnel, fire
personnel, public works personnel, providers of other professional services, and service workers
live within proximity to their work to provide municipal and private sector services; and
WHEREAS, the McCall City Council held housing policy discussions at City Council meetings
on July 14, 2005 and August 11, 2005; held public information sessions on housing policy on
August 20, 2005 and August 23, 2005, and held public hearings on a proposed Housing Policy
on September 7, 2005 and September 22, 2005; and
WHEREAS, to assure the existence of a supply of desirable and affordable housing for persons
currently employed in the McCall area, persons who were employed in the McCall area prior to
retirement, the disabled, persons whose services are required to serve new residential properties
and other qualified persons of the McCall area, the City of McCall adopted a Community
Housing Policy (Resolution 05-19) on September 22, 2005; and
WHEREAS, among other action items Resolution 05-19 directed staff to develop ordinances to
implement the Community Housing Policy for consideration by the Planning & Zoning
Commission and the City Council, including an Inclusionary Housing Ordinance and a
Residential Linkage (Community Housing Fee) Ordinance; and
WHEREAS, after public hearings before the McCall Planning and Zoning Commission and the
McCall City Council, on February 23, 2006 the McCall City Council adopted Ordinance 819
(Inclusionary Zoning), and Ordinance 820 (Community Housing Fee); and
WHEREAS, on September 25, 2006 the City of McCall was served with a lawsuit by the
Mountain Central Board of Realtors, who are seeking to overturn Ordinances 819 and 820; and
WHEREAS, the uncertainty caused by the lawsuit significantly diminishes the City's ability to
provide a reasonable supply of community housing to preserve the health, safety and welfare of
the citizens of the community during a period of rapid growth of the community; and
WHEREAS, pursuant to Idaho Code Section 67-6523, the City may adopt an emergency
resolution declaring a moratorium on certain classes of permits for a period not to exceed one
hundred and eighty two (182) days; and
WHEREAS, the McCall City Council did adopt Ordinance Number 827 on September 28, 2006
and thereby enacted a moratorium on certain classes of permits until March 29, 2007; and
WHEREAS, subsequent to adoption of Ordinance Number 827 the McCall City Council did
adopt Ordinance Number 828 on October 12, 2006. Ordinance Number 828 replaced Ordinance
827 for purpose of exempting certain housing noted in MCC 3.8.21(C) as well as to afford
individuals the opportunity to mitigate the effect that construction of their residence or
subdivision will have upon the need for workforce or community housing in McCall Idaho by
allowing applicants to offer a fonit of affordable housing mitigation; and
WHEREAS, pursuant to Idaho Code Section 67-6524, the City may adopt and interim
moratorium on certain classes of building permits for a period not to exceed three hundred and
sixty five (365) days; and
WHEREAS, Ordinance Number 833 provides an interim moratorium on residential subdivision
approvals and building permits within the City of McCall for a period of 365 days from the time
Ordinance Number 827 expires on March 29, 2007, while continuing the certain noted
exceptions and exceptions incorporated into Ordinance Number 828.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF McCALL, IDAHO, as follows:
Section 1: The City Council hereby finds that an imminent peril to the public, health,
safety, and welfare exists caused by the inability to provide a reasonable supply of community
housing made necessary by new residential growth.
1. The subdivision of land and the development or construction of residential dwelling
units generates the demand for employees to maintain and service the new units.
2. A severe shortage of housing affordable to the workforce in the City of McCall, and
the surrounding region, has been determined by a technical analysis and documented
in the Housing Market and Needs Assessment, Valley and Adams County, dated July,
2005.
3. Continued residential development that increases the need for community housing
without contributing to the provision of such housing will threaten the health, safety
and general welfare of the community.
Section 2: The City Council hereby declares an interim moratorium on all residential
subdivision,. and residential building permit applications within the City, except the following:
housing which is exempt according to McCall City Code 3.8.21(C), and any other subdivision or
building permit application which is accompanied by a proposal to mitigate the effect the
development of such subdivision or construction and/or occupancy of such residence will have
that will increase the need for community/workforce housing in McCall. City staff will evaluate
the proposal for mitigation and make a decision whether to accept or reject the proposed
mitigation. A denial of a proposal, which results in denial of the building permit or subdivision
application, may be appealed to the City Council. The interim moratorium shall not apply to
complete applications for preliminary plat or building permit approval which were filed prior to
September 28, 2006, or applications for final plat approval of property included in the said
preliminary plats as approved prior to that date.
Section 3: This interim moratorium shall take effect March 29, 2007 and will terminate at
the behest of the City Council or three hundred and sixty five (365) days from the effective date
(March 27, 2008), whichever occurs first.
PASSED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 22nd DAY OF
March, 2007.
APPROVED BY THE MAYOR OF THE CITY OF McCall, IDAHO, THIS 22nd DAY OF
March, 2007.
William A. Robertson, Mayor
Attest:
e York, City Cleit