Loading...
HomeMy WebLinkAbout600 Interim Moratorium17~ 5" ORDINANCE NO. 60Q1 AN ORDINANCE OF THE CITY OF MERIDIAN PURSUANT TO SECTIONS 67-6523 AND/OR 67-6524, IDAHO CODE, FINDING THAT THERE IS IMMINENT PERIL TO THE HEALTH„SAFETY, OR WELFARE TO THE CITIZENS OF, THE CITY OF MERIDIAN, TO T.HE RESIDENTS WITHIN THE URBAN SERVICE PLANNING AREA AND THE AREA OF IMPACT OF THE CITY OF MERIDIAN DUE TO THE .OVEREXTENSION OF THE MERIDIAN FIRE DEPARTMENT;,, DUE TO THE RATIO OF POLICEMEN OF 1.1 PER 1,®00 PERSONS; DUE TO THE LACK OF TIME FOR. THE ZONING ADMINISTRATOR, THE CITY ENGINEER, AND HIS ASSISTANT, TO PROPERLY REVIEW AND EXAMINE THE DOCUMENTS AND PLANS FOR HEALTH.AND SAFETY REQUIREMENTS IN T.HE SUBDIVISIONS THAT HAVE BEN APPLIED FOR TO DATE; DUE TO THE CITY STAFF NOT HAVING ENOUGH TIME TO ADMINISTER APPLICATIONS; DUE TO LACK OF PLANNING FOR PARKS, OPEN SPACE CORRIDORS, AND PATHWAYS; DUE TO LACK OF PLANNING FOR PARKS, OPEN SPACE, CORRIDORS, AND PATHWAYS; DUE TO A LACK OF TIME TO TRY TO SEE THAT THERE IS A BALANCE OF LAND USES TO INSURE. THERE ARE REVENUES TO PAY FOR SERVICES; DUE TO A LACK OF MEETING THE GOAL OF THE COMPREHENSIVE PLAN TO RESERVE SCHOOL SITE; DUE TO A LACK OF TIME TO TRY TO SEE THAT AL OF THE GOALS AND POLICIES OF THE MERIDIAN COMPREHENSIVE PLAN ARE MET AND .COMPLIED WITH; 'AND DUE TO NOT HAVING REVIEWED THE PLAN TO SEE HOW THE CITY, URBAN SERVICE PLANNLNG AREA, AND THE AREA OF IMPACT ARE ' MEETING UP WITH THE GOALS AND POLICIES OF THE COMPREHENSIVE PLAN; ADOPTING AN INTERIM MORATORIUM .CEASING ACCEPTANCE OF ANY FURTHER RESIDENTIAL. DEVELOPMENT APPLICATIONS, INCLUDING, BUT NOT LIMITED TO, APPLICATIONS .FOR, OR WHICH INCLUDE, ANNEXATION, ZONING, REZONING, SUBDIVISIONS, RE-SUBDIVIDING, .PLATTING, CONDITIONAL USE, OR PLANNED DEVELOPMENT, FOR ANY RESIDENTIAL PURPOSE; THAT THE MORATORIUM ,SHALL NOT APPLY TO APPLICATIONS FOR COMMERCIAL OR INDUSTRIAL DEVELOPMENT; APPLICATIONS THAT INCLUDE BOTH RESIDENTIAL AND COMMERCIAL OR INDUSTRIAL USES SHALL BE TREATED AS 6ESIDENTIAL APPLICATIONS; THAT APPLICATIONS FOR RESIDENTIAL _ DEVELOPMENT WHICH WERE FILED WITH THE CITY AS OF MAY 14, 1993, AT 5:00 O'CLOCK P. M., SHALL CONTINUE TO BE PROCESSED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and.. the City Council have received testimony and' information from Wayne Forrey, City Clerk and Zoning Administrator, who has analyzed the Meridian Compr^ehensive Plan, who has been preparing a Comprehensive Plan Amendment, and who is knowledgeable of the applications for annexation, zoning and development that the City has received and which are pending. _ WHEREAS, :the Mayor and the City Council. have held the hearing required under Idaho Code, 67-6523 and/or 67-6524, have fo~md that the notice requirements undei^ those Sections of the Idaho Code have been met, and have made and adopted Findings of Fact and Conclusions of Law as required under the Local Planning Act. i 17' fi WHEREAS, the Mayor and the City Council of the City of Meridian, State of Idaho, have concluded that it is in the best interest of the citizens of the City, the residents of the Urban Service Planning Area and the Meridian A-r ea of Impact, to cease accepting applications• for .annexing, zoning, rezoning, subdividing, re-subdividing, platting, condition a_1 use, or planri'ed development for any residential purpose. WHEREAS, the Mayor and the City Council of- the City of Meridian, State of Idaho, have- concluded that the cessation of development should not apply to applications for commercial or industrial development and that applications that include both residential and commercial or industrial uses should be treated as residential applications. - - - - WHEREAS, the Mayor and the City Council of the City of Meridian, State of Idaho, have eonc•luded that -applications for Y^esidential development which were filed with the City as of May 14, 1993 at 5:0® o'clock p. m., the last d.ay to have had the Planning and Zoning Commission consider ~thes~ at its monthly meeting on June 8, 1993, should continue to be processed. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1. It has been found in the Findings of Fact and Conclusions of Law, and it is found and stated herein again, that there is a~n amendment •to the Meridian Comprehensive Plan being prepared and that there is imminent peril to health, safety, and/or welfare to the citizens of the City of Meridian, to the residents within the Urban Service Planning -Area, and the residents in the Meridian Area of Impact.- SECTION ~. That based upon the finding above and the Findings of Fact and Conclusions of Law, which have been adopted, an inter^im moratorium is hereby adopted ceasing any further residential development applications, including, but nat limited to, applications for, or which include, annexation, zoning, t^ezoning, subdividing, re-subdividing, platting, conditional use, or planned development, for any residential purpose; that the moratorium shall not apply to-applications for commercial or industrial development; that- applications that include both residential, and commercial or industrial, .uses shall be treated as residential applications; that applications for residential development which were filed with the City as of May 14, 1993 at Vii:®® o'clock p. m., the last day to have had the Planning and Zoning Commission consider them at its monthly meeting on June 8, 1993, shall continue to be processed. 177 SECTION 3: That the testimony, evidence, and things of which the City Council may take judicial notice of, and the Findings of Fact and Conclusions of Law, confirm and substantiate the above moratorium. SECTION 4: That the Moratorium shall be in effect for days, as allowed by Idaho Code, Sections 67-6523 and 67-6524, ~. which shall be: until the d.ay of , 1993, • unless sooner terminated or extended after. further evidence. SECTION 5: EFFECTIVE DATE: WHEREAS., there is an emei^gency therefor, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect ft^om and after its passage, approval anal publication according to law and, based on the health, safety and welfare hazard, this Moratorium shall be z^etroact i ve t o May 14, 1993. PASSED AND APPROVE THIS iST DAY OF JUNE, 1993. ~~ CITY OF MERIDIAN ,. B NT P. K N SF , MAYOR ATTEST: WAYNE ORRE , CITY C ERK ORDINANCE NO.C� AN ORDINANCE OF THE CITY OF MERIDIAN PURSUANT TO SECTIONS 67-6523 AND/OR 67-6524, IDAHO CODE, FINDING THAT THERE IS IMMINENT PERIL TO THE HEALTH, SAFETY, OR WELFARE TO THE CITIZENS OF THE CITY OF MERIDIAN, TO THE RESIDENTS WITHIN THE URBAN SERVICE PLANNING AREA AND THE AREA OF IMPACT OF THE CITY OF MERIDIAN DUE TO THE OVEREXTENSION OF THE MERIDIAN FIRE DEPARTMENT; DUE TO THE RATIO OF POLICEMEN OF 1.1 PER 1,000 PERSONS; DUE TO THE LACK OF TIME FOR THE ZONING ADMINISTRATOR, THE CITY ENGINEER, AND HIS ASSISTANT, TO PROPERLY REVIEW AND EXAMINE THE DOCUMENTS AND PLANS FOR HEALTH AND SAFETY REQUIREMENTS IN THE SUBDIVISIONS THAT HAVE BEEN APPLIED FOR TO DATE; DUE TO THE CITY STAFF NOT HAVING ENOUGH TIME TO ADMINISTER APPLICATIONS; DUE TO LACK OF PLANNING FOR PARKS, OPEN SPACE CORRIDORS, AND PATHWAYS; DUE TO A LACK OF TIME TO TRY TO SEE THAT THERE IS A BALANCE OF LAND USES TO INSURE THERE ARE REVENUES TO PAY FOR SERVICES; DUE TO A LACK OF MEETING THE GOAL OF THE COMPREHENSIVE PLAN TO RESERVE SCHOOL SITES; DUE TO A LACK OF TIME TO TRY TO SEE THAT ALL OF THE GOALS AND POLICIES OF THE MERIDIAN COMPREHENSIVE PLAN ARE MET AND COMPLIED WITH; AND DUE TO NOT HAVING REVIEWED THE PLAN TO SEE HOW THE CITY, URBAN SERVICE PLANNING AREA, AND THE AREA OF IMPACT ARE MEETING UP WITH THE GOALS AND POLICIES OF THE COMPREHENSIVE PLAN; ADOPTING AN INTERIM MORATORIUM CEASING ACCEPTANCE OF ANY FURTHER RESIDENTIAL DEVELOPMENT APPLICATIONS, INCLUDING, BUT NOT LIMITED TO, APPLICATIONS FOR, OR WHICH INCLUDE, ANNEXATION, ZONING, REZONING, SUBDIVIDING, RE -SUBDIVIDING, PLATTING, CONDITIONAL USE, OR PLANNED DEVELOPMENT, FOR ANY RESIDENTIAL PURPOSE; THAT THE MORATORIUM SHALL NOT APPLY TO APPLICATIONS FOR COMMERCIAL OR INDUSTRIAL DEVELOPMENT; APPLICATIONS THAT INCLUDE BOTH RESIDENTIAL AND COMMERCIAL OR INDUSTRIAL, USES SHALL BE TREATED AS RESIDENTIAL APPLICATIONS; THAT APPLICATIONS FOR RESIDENTIAL DEVELOPMENT WHICH WERE FILED WITH THE CITY AS OF MAY 14, 1993, AT 5:00 O'CLOCK P. M., SHALL CONTINUE TO BE PROCESSED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and the City Council have received testimony and information from Wayne Forrey, City Clerk and Zoning Administrator, who has analyzed the Meridian Comprehensive Plan, who has been preparing a Comprehensive Plan Amendment, and who is knowledgeable of the applications for annexation, zoning and development that the City has received and which are pending. WHEREAS, the Mayor and the City Council have held the hearing MORATORIUM ORDINANCE Page - 1 required under Idaho Code, 67-6523 and/or 67-6524, have found that the notice requirements under those Sections of the Idaho Code have been met, and have made and adopted Findings of Fact and Conclusions of Law as required under the Local Planning Act. WHEREAS, the Mayor and the City Council of the City of Meridian, State of Idaho, have concluded that it is in the best interest of the citizens of the City, the residents of the Urban Service Planning Area and the Meridian Area of Impact, to cease accepting applications for annexing, zoning, rezoning, subdividing, re -subdividing, platting, conditional use, or planned development for any residential purpose. WHEREAS, the Mayor and the City Council of the City of Meridian, State of Idaho, have concluded that the cessation of development should not apply to applications for commercial or industrial development and that applications that include both residential and commercial or industrial uses should be treated as residential applications. WHEREAS, the Mayor and the City Council of the City of Meridian, State of Idaho, have concluded that applications for residential development which were filed with the City as of May 141 1993, at 5:00 o'clock p. m., the last day to have had the Planning and Zoning Commission consider them at its monthly meeting on June 8, 1993, should continue to be processed. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: It has been found in the Findings of Fact and MORATORIUM ORDINANCE Page - 2 Conclusions of Law, and it is found and stated herein again, that there is an amendment to the Meridian Comprehensive Plan being prepared and that there is imminent peril to health, safety, and/or welfare to the citizens of the City of Meridian, to the residents within the Urban Service Planning Area, and the residents in the Meridian Area of Impact. SECTION 2: That based upon the finding above and the Findings of Fact and Conclusions of Law, which have been adopted, an interim moratorium is hereby adopted ceasing any further residential development applications, including, but not limited to, applications for, or which include, annexation, zoning, rezoning, subdividing, re -subdividing, platting, conditional use, or planned development, for any residential purpose; that the moratorium shall not apply to applications for commercial or industrial development; that applications that include both residential, and commercial or industrial, uses shall be treated as residential applications; that applications for residential development which were filed with the City as of May 14, 1993, at 5: 00 o'clock p. m. , the last day to have had the Planning and Zoning Commission consider them at its monthly meeting on June 8, 1993, shall continue to be processed. SECTION 3: That the testimony, evidence, and things of which the City Council may take judicial notice of, and the Findings of Fact and Conclusions of Law, confirm and substantiate the above moratorium. SECTION 4: That the Moratorium shall be in effect for days, as allowed by Idaho Code, Sections 67-6523 and 67-6524, which MORATORIUM ORDINANCE Page - 3 shall be until the ice. day of 19931, unless sooner terminated or extended after further evidence. SECTION 5. EFFECTIVE DATE: WHEREAS, there is an emergency therefor, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law and, based on the health, safety and welfare hazard, this Moratorium shall be retroactive to May 14, 1993. PASSED AND APPROVED this 1st day of June, 1993. CITY OF MERIDIAN GtItT KINGSFORD, Y ATTEST: - ( X ltu,4-t' 7• WAYNE F REY, CI Y CLERK MORATORIUM ORDINANCE Page - 4