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Home My Public Portal AboutOrd. 827 - Moratorium on Residential Subdivision & Residential Building Permit ApplicationsORDINANCE NO. 827 AN ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO, FINDING THAT AN IMMINENT PERIL TO THE PUBLIC, HEALTH, SAFETY AND WELFARE EXISTS AND IMPLEMENTING IMMEDIATELY A MORATORIUM ON RESIDENTIAL SUBDIVISION AND RESIDENTIAL BUILDING PERMIT APPLICATIONS WITHIN THE CITY LIMITS OF MCCALL. 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. 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, 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 a moratorium on all residential subdivision and residential building permit applications within the City. The moratorium shall not apply to complete applications for preliminary plat or building permit approval which were filed prior to the effective date of this Ordinance, or applications for final plat approval of property included in the said preliminary plats as approved. Section 3: This moratorium will terminate at the behest of the City Council or one hundred and eighty two (182) days from the adoption of this ordinance, whichever occurs first. Section 4: This Ordinance shall take effect immediately upon its passage and approval. DATED this 2.8 day of Sep-km.612006. ATTEST: how Jeanne York, City Clerk [SEAL] CITY OF MCCALL Valley County Idaho William A. Robertson, Mayor F-, Y J'� 9 I e e • s •1 * i City of McCall Certificate of Recording Officer STATE OF IDAHO } 1 County of Valley } I, the undersigned, the duly appointed, qualified, City Clerk of the City of McCall, Idaho, do hereby certify the following: 1. That pursuant to the provisions of Section 50-207, Idaho Code, I keep a correct journal of the proceedings of the Council of the City of McCall, Idaho, and that I am statutory custodian of all laws, ordinances and resolutions of said City. 2. That the attached Ordinance No. 827 is a true and correct copy of an ordinance passed at a regular meeting of the Council of the City of McCall held on September 28th, 2006 and duly recorded in my office; and 3. That said regular meeting was duly convened and held in all respects in accordance with law and to the extent required by law, due and proper notice of such meeting and that a legally sufficient number of members of the Council voted in the proper manner and for the passage of said ordinance; and that all other requirements and proceedings incident to the proper adoption and passage of said ordinance have been duly fulfilled, carried out and observed; and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of McCall, Idaho this 28th day of September 2006. Joanne York, City Clerk CITY OF MCCALL September 29, 2006 To the Citizens of McCall: On September 25, 2006 the City of McCall was served with a lawsuit by the Central Mountain Board of Realtors. The lawsuit seeks to overturn in court significant portions of the McCall Community Housing Program, specifically the requirement that subdivisions dedicate 20 percent of the resulting homes as deed restricted community housing and the requirement that builders pay a community housing fee in support of community housing programs. The lawsuit was served on the City without any attempt by the Central Mountain Board of Realtors to negotiate with the City and without any public comment from the Central Mountain Board of Realtors expressing opposition to the ordinances. This despite the opportunity to provide comment at no fewer than five properly noticed and well attended public hearings held over a period of several months. The ordinances the Central Mountain Board of Realtors is seeking to overturn are key elements of a legal, fair, and prudent response by the City to a critical need for workforce housing in the face of explosive growth and dramatic appreciation in property values. While some in our community have profited from growth and appreciation, many others have been displaced or denied the opportunity of home ownership or even residence in McCall. Our essential character as a community is threatened as a result. The City of McCall will vigorously defend its community housing program in the face of this legal challenge by the Central Mountain Board of Realtors. As the lawsuit places a cloud of uncertainty over subdivision and building permit decisions made under our ordinances, yesterday the City Council declared an emergency moratorium on subdivision and residential building permit applications. The City will not be accepting subdivision or residential building permit applications until this issue is resolved. Per State statute, completed applications that have already been filed at the City will be processed in accordance with our ordinances. The threat posed to the community character of the City of McCall by the action of the Central Mountain Board of Realtors is real and immediate. While we may disagree on other important issues, the City of McCall stands united in its resolve to oppose this selfish and cynical attack on our community. We invite you to join us as we work to keep McCall a vital and diverse home for people of all incomes. Sincerely, City of McCal/ ity Willi A. Robertson, Mayor Bonnie Bertram, Council Member w if Laura Scott, Council Member Don Bailey, CounciW(esident Mike Kramer, Council Member 216 East Park Street • McCall, Idaho 83638 • (208) 634-7142 • FAX (208) 634-3038