[Vision2020] City Council's Material Change

[Scott Bauer]

Phil,
   
  I do not doubt your experience on P&Z, just as I do not doubt that governing boards oftentimes miss the finer points of law when they adopt ordinances. Case law abounds with examples of landowners who caught their elected officials cutting corners, e.g., Price v. Payette County, 131 Idaho 426, 958 P.2d 583.
   
  I carefully documented my statements, citing state and city code. You rely on your experience and some “fairly good attorneys.” Perhaps you would enlighten this forum by producing some of the memoranda from your attorneys showing that City Council can unilaterally pass land-use ordinances apart from the notice and hearing requirements of the Local Land Use Planning Act.
   
  Regarding moratoriums, you made my point. Yes, even a moratorium requires P&Z’s approval. Idaho Code § 67-6524 states, “If a governing board finds that a plan, a plan component, or an amendment to a plan is being prepared for its jurisdiction, it may adopt interim ordinances as required or authorized under this chapter, following the notice and hearing procedures provided in section 67-6509.”
   
  However, I.C. § 67-6523 provides one exception (which we addressed yesterday), stating, “If a governing board finds that an imminent peril to the public health, safety, or welfare requires adoption of ordinances as required or authorized under this chapter, or adoption of a moratorium upon the issuance of selected classes of permits, or both, it shall state in writing its reasons for that finding. The governing board may then proceed without recommendation of a commission, upon any abbreviated notice of hearing that it finds practical, to adopt the ordinance or moratorium.”
   
  Notice this section assumes that, under normal circumstances, P&Z will consider the amendment.
   
  Thanks again,
   
  Scott

		
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