PREAMBLE

WHEREAS,

1) Increased housing density adds new apartments, rowhouses, and condominiums to established residential neighborhoods;

2) Increased housing density disrupts existing neighborhoods, and alters the stability of the overall land use pattern of the community;

3) Increased housing density causes tremendous increases in traffic congestion, commute times, and air pollution;

4) Increased housing density limits land available for neighborhood parks and open spaces, and increases the demand on existing parks and open spaces;

5) Increased housing density increases the demand on existing public services, including fire, ambulance, and police services;

6) Increased housing density increases the demand on existing water and sewer systems, many of which may not be designed to handle the demand caused by increased housing densities;

7) Increased housing density increases the demand on our existing schools and school facilities;

8) Increased housing density costs taxpayers money.

Be It Enacted By the Citizens of the Metropolitan Service District:

Section 5 of the Metro Charter is amended as follows:

(4) Notwithstanding any other provision of this section, the metro council shall not adopt any ordinance which requires, either directly or indirectly, a city or county within the jurisdiction of Metro to increase housing densities or adopt minimum density requirements on residential land within the city or county.

(5) Prior to a city or county within the jurisdiction of Metro adopting a legislative amendment to a comprehensive plan or zoning ordinance to increase housing densities or to adopt minimum density requirements on residential land within Metro's jurisdiction, Metro shall mail notice of the proposed comprehensive plan or zoning ordinance amendment to all households within the area affected by the proposed comprehensive plan or zoning ordinance change. In addition, Metro, upon a city or county proposing a comprehensive plan or zoning ordinance amendment to increase housing densities, shall prepare a report on the effect of a proposed housing density increase. The report shall address the following factors:

(a) The effect of an increase in housing densities on the existing traffic pattern within the jurisdiction, including, but not limited to, an analysis of the effect of an increase in housing densities on traffic congestion, commute times and air quality. Metro shall give special attention to the effect on the existing traffic pattern in those residential areas of the city or county in which the housing density increases are proposed;

(b) The effect of an increase in housing densities on the availability of land within the jurisdiction for parks and open spaces, with special attention to the availability of these amenities within walking distance of each residential area of the city or county in which the housing density increases are proposed;

(c) The effect of an increase in housing densities on the availability and adequacy of fire, ambulance, and police protection within the jurisdiction, with special attention to the cost increases, if any, to the city or county and its taxpayers resulting from the need for additional public services resulting from an increase in housing densities;

(d) The effect of an increase in housing densities on the availability and adequacy of the existing public infrastructure, including, but not limited to, streets, water, and sewer services. Metro shall give special attention to the likelihood or need for any public infrastructure improvements which may be needed as a result of the increase in housing densities, and shall include a description of the type and level of improvements needed, the cost of those improvements, the proposed method for financing those improvements, and the person(s) to be responsible for financing those improvements as a result of the proposed increase in housing densities.

(e) The effect of an increase in housing densities on the availability and adequacy of schools within the jurisdiction, with special attention to any potential increases in the ratio of students to teachers and the adequacy of the existing school facilities to accommodate any projected increase in students;

(f) The effect of an increase in housing densities on wildlife, with particular detail upon any increase in costs of compliance with state, federal, metropolitan service district, or local wildlife laws resulting from the proposed increase in housing densities and the steps required to be undertaken by the local government to comply with any applicable wildlife laws as a result of the proposed density increase.

(6) For purposes of (5), all households within 500 feet of property subject to increased housing densities shall be considered to be affected by the proposed comprehensive plan or zoning ordinance amendment to increase housing densities. Metro may, but is not required to, provide for additional notice to other households affected by a proposed comprehensive plan or zoning ordinance.

(7) The report required under (5) shall be made available to the public, and shall be prepared in a manner that is understandable to the public, with adequate definitions and

explanations of any technical language used in the report. The report shall consider and address each of the factors required under (5) separately.

(8) Any notice required under section (5) shall be mailed at least 14 days prior to the initial public hearing on any city or county ordinance which proposes to increase housing densities. Notices under section (5) shall give the time and place of the public hearing, and a telephone number of the planning office for the city or county which is proposing the density increase.

(9) Notices required under section (5) shall be prepared in a manner that is understandable to the public. The purpose of the notice is to provide information only. The notice prepared under section (5) shall be limited to a concise and impartial statement of the proposed ordinance amendment, and the information required under section (8).

(10) Immediately upon passage of this Act, the Metro Council shall, in accordance with all applicable laws, repeal any Metro ordinance, or portion thereof which establishes minimum housing densities or minimum density requirements on residential land within the jurisdiction of Metro, or which requires a city or county within the jurisdiction of Metro to increase housing densities or adopt minimum density requirements on residential land within the city or county.

(11) For purposes of sections (4), (5), and (10), residential land includes all land zoned in a manner which will allow the siting of housing, including, but not limited to, residential zones or mixed zones allowing residential use.

(12) If any phrase, clause, section, part, or application of this Act is declared unconstitutional or otherwise unenforceable by a court of competent jurisdiction, the remaining phrases, clauses, sections, parts and applications shall remain in fall force and effect.

(13) The preamble used in this initiative is provided only for the convenience of the reader and does not become part of the Metro Charter or express any intent of the people in the adoption of this amendment. This section (section 13) is repealed on February 1, 2001.