367 Interim Emergency Moratorium
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ORDINANCE NO. 367
AN ORDINANCE ADOPTING AND ENACTING AN INTERIM EMERGENCY MORATORIUM ON NEW
RESIDENTIAL DEVELOPMENT PLATTING AND STAYING ALL ACTION ON PENDING RESIDENTIAL
SUBDIVISIONS.
WHEREAS, the City Council and the Mayor of the City of Meridian held a
hearing pursuant to Chapter 65, Title 67, Idaho Code, for the purpose of
receiving input and testimony regarding the adoption of an emergency intermin
ordinance and moratorium as allowed by Sections 67-6523 and ,67.,.6524, Idaho Code,
and . , .'
WHEREAS, the City Council and Mayor, makes the following findings:
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1. That ordinances implementing the Meridian Comprehensive Plan are being
prepared for the City, that being the Zoning and Development Ordinance and Zoning
map and the status of that proposed Ordinance is as follows:
a. The City of Meridian, hereinafter referred to as the City. is in the
process of reviewing the Proposed Ordinance which will be in accordance
with the Plan, as required by Idaho Code 67-6511; and
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b. The Plan contains urban development policies which cannot be imple-
mented until the Proposed Ordinance is adpoted by the City Council; and
c. The City Planning and Zoning Commission. hereinafter referred,lto:as
the Commission, held a public hearing on October 30, 1979 concerning the
Proposed Ordinance for the purpose of receiving public comment; and
d. The City Commission has made a formal recommendation tofue City Council
concerning the Proposed Ordinance; and .
e. The City Council has received the recommendation of the City Commission
and has taken their recommendation under advisement in order to finalize
and adopt the Proposed Ordinance.
2. That the Comprehensive Plan is intended to insure growth and development
in an orderly fashion in accordance with adopted policies and procedures governing
the use of land, residential development, the provision of services and the
distribution of new'housing units within the Urban Service Planning Area; and
3. That the Comprehensive Plan specifically cites as problems in the residen-
tial community of Meridian. that there exists a lack of a proper mix of housing
types between ownership and rental units for all income group$ and Meridian has
more than its share of low and moderate income housing and Meridian's tax base is
predominately residential and presently does not have the diversification to
support additional low and moderate income households and the City does not have
an information system to monitor housing development.
4. That the Comprehensive Plan adopts as one policy" for residential
housing that the City intends to provide for a wide diversity of housing types
(single family, mobile homes, and multi-family arrangements) and choices between
ownership and rental dwelling units for all income groups in a variety of
locations suitable for residential development.
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5. That some of the purposes of the Local Planning Act of 1975 are to
protect property rights and enhance property values, to insure that adequate
public facilities and services are prOVided to people at reasonable cost. to
insure that the economy of the locality is protected and enhanced and to avoid
undue concentration of population and overcrowding of land; that the City of
Meridian and its Council has the responsiblity of implementing the Local Plan-
ning Act and implementing the purposes stated above.
6. That there is an imbalance of housing within the City of Meridian
weighted in favor of the low and moderate income side; that the 1978 Housing
Study by HUD revealed this imbalance; that the City of Meridian has in excess
of 10.6% of the assisted housing in Ada County; that the 1978 Housing Study
proposes to correct this imbalance by directihg that 90% of the assisted housing
should be in Boise and that the remaining 10% should be divided between unin-
corporated Ada County, Meridian. Eagle and KUna. Meridian. itself, now has in
excess of 10%.
7. That the City has adopted through participation in the Ada Planning
Association. a Housing Strategy Plan which contains policies for reasonable
distribution of housing opportunities for low and moderate income families
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between the cities of Eagle, Meridian, Kuna, the rural areas and Boise.
8. That the Proposed Ordinance will enable the City to have the
necessary information to monitor residential development on a regular basis
to insure implementation of the housing policies of the Comprehensive Plan.
9. The Comprehensive Plan adopts as policies for fire and police protection
to insure adequate protection for new developments; however, residential
construction, expecially low and moderate income housing, does not pay its
way for urban services; the followingstadies confirm that residential
development does not pay for the urban services demanded and needed:
a. Analysis of Growth Management Fe'es ,in Ada County, I'daho,
Business Economic,-rnc., December 12, 1979. -----
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b. Do New Residential Developments ~ Their Own Way? A Case Study in
Ada County, Idaho, Idaho Citi zens Col ati on, 1977. . - . .
c. Do Single Family Houses ~ Thei~~wn 'Way? Urban Land Institute
Resource Monograph No. 15, 1968. '. .,...,....,-, .
10. That it costs approximately $1,794.00 per household to deliver all
urban services to the citizens of Meridian; that this figure includes roads,
schools, water, sewer, police and fire protection, and other governmental
services; that the residential tax base does not now nor has it ever provided
the revenues to provide these tax funds; however, the residential tax base in
Meridian is overburdened and ne,w industry should be brought in to relieve the
tax burden on the residential s~ctor of the tax base; allowing new residential
development which is not planned nor directed but confused and haphazard will
defeat this Comprehensive Plan objective.
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11. That there are presently approximately 1,180 platted lots within the
City of Meridian that are capable of being built upon to which a cessation of
platting new residential developments would have nQ effect; that all types of
houses attracting all income levels can be constructed on those 1,100 lots;
that a cessation of new residential developments will not adversely effect the
residential construction in the City of Meridian, particularly"in light of the
present economic conditions, in that there are more than enough lots capable
of being built upon; and input from the public supports the idea that some
type of housing control is a necessity.
12. The Mayor and the City Council further find that due to the increased
tax burden suffered by the City as the result of increased residential:
development, particularly low and moderate income housing; that due to the
adverse impact on police and fire protection and other city services which
result from increased residential development; due to the lack of balance in the
housing presently whithin the City of Meridian, due to the adverse impact on all
government services created by increasing residential development; due to the
requirement that the City of Meridian pursue and enforce the purposes of Local
Planning Act; due to the need for informed and monitored residential housing
for all income brackets; due to the goals and policies of Meridian's Comprehensive
Plan; and that because of the Proposed Ordinance, the Zoning and Development
Ordinance and Zoning map, is in the process of being prepared for the City of
Meridian imminent peril to the public health, safety or welfare exists wnich
requires the adoption of an Ordinance ceasing the platting of new residential
developments and that all actions by the City in regard to residential subdivisions
shall be stayed. Further, that based upon the above recitals it is necessary to
enact the above referenced stay.
WHEREAS, the City Council and Mayor of the City of Meridian, Idaho, have
concluded that is is in the best interest, due to the above, and required due to
imminent peril to the public health, safety or welfare of the citizens of
Meridian to enact an Ordinance requiring the cessation of the platting of all new
residential development and place a stay on platting procedures.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
MERIDIAN. ADA COUNTY, IDAHO:
Section 1. That there is hereby enacted and adopted an emergency interim
moratorium ordinance requiring that no further residential developments be
platted and that all procedured for platting are hereby stayed; that this
moratorium ordinance shall not effect residential developments previously platted.
Section 2. WHEREAS, there is an emergency existing therefor, which emergency
is hereby declared to exist, this Ordinance shall take effect and be in full force
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and effect from arid after its passage, approval and publication as required by law, until one
hundred twenty (120) days from April 21,1980.
ADOPTED this 21st day of April, 1980.
cATTEST:
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