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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