HomeMy WebLinkAboutORD 3348 - EMERGENCY MORATORIUMCITY OF CALDWELL
EMERGENCY MORATORIUM
BILL 28, ORDINANCE NO. 3348
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL ADOPTING AND
DECLARING A MORATORIUM UPON THE ISSUANCE OF PRELIMINARY PLATS,
PLANNED UNIT DEVELOPMENTS, AND RESIDENTIAL ANNEXATIONS;
CREATING AN EXCEPTION TO PROTECT EXISTING PROPERTY RIGHTS;
DIRECTING STAFF TO BRING FORWARD A PERMANENT SOLUTION WITHIN 120
DAYS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND
DECLARING THE SUBORDINATION OF ALL ORDINANCES, RESOLUTION, AND
ORDERS IN CONFLICT HEREWITH.
RECITAL OF FACTS AND LAW
WHEREAS, the City of Caldwell is tasked with providing for the general welfare of the
citizens of Caldwell; and,
WHEREAS, the largest benefit provided by the City of Caldwell to its citizens is in the
form of life -safety services, including police and fire services, which constitute approximately
seventy-five percent (75%) of the City of Caldwell's annual general fund expenditures of property
tax revenue; and,
WHEREAS, a necessary component of providing said life -safety services is the
maintenance, repair, replacement, and construction of facilities for the Caldwell Police Department
and Caldwell Fire Department, including police and fire stations; and,
WHEREAS, a necessary component of providing said life -safety services is the provision
of vehicles and equipment for the Caldwell Police Department and Caldwell Fire Department,
including police, fire, and emergency medical vehicles, protective equipment for police officers
and firefighters, and other life -safety supplies; and,
WHEREAS, the most vital component of providing said life -safety services is the
employment of a sufficient number of Caldwell Police Officers and Caldwell Firefighters to ensure
the health and safety of the citizens of Caldwell, to ensure response times are short enough to allow
for incident response rather than disaster mitigation, and to protect the health and safety of
Caldwell's police officers and firefighters themselves; and,
WHEREAS, the City of Caldwell has an operating policy that new growth should be
obligated to pay for itself, rather than allowing new growth to increase the tax burden on current
City residents; and,
WHEREAS, the City of Caldwell continues to grow, and a large portion of that growth is
residential housing; and,
WHEREAS, residential areas generate a much larger draw on life -safety personnel and
resources than industrial and commercial areas because of the nature of the uses to which those
areas are put; and,
WHEREAS, the Idaho Legislature has adopted House Bill 389, which has been signed
into law, which has eliminated the City's. ability to require that new growth to pay for itself by
removing the City's ability to include the total value of new residential construction and
annexations in budget calculations; and,
WHEREAS, the City's only alternative method of providing services to new growth will
be to ask current residents to pay for said growth through a reduction in their own life -safety
services; and,
WHEREAS, such a reduction would put the health and safety of the citizens of Caldwell
at risk; and,
WHEREAS, the City has adopted Resolution No. 154-21, declaring that the foregoing
circumstance constitutes an imminent peril to the public safety and welfare of the City of Caldwell
and its citizens; and,
WHEREAS, the City is authorized, by Idaho Code 67-6523, to adopt emergency
moratoriums if the City Council finds that there is an imminent peril to the public's safety and
welfare; and,
WHEREAS, the City Council may, upon such finding, proceed without recommendation
of the Planning and Zoning Commission to adopt a moratorium responding thereto; and,
WHEREAS, the adoption of the moratorium may be accomplished upon such abbreviated
notice of hearing as the City Council deems practical; and,
WHEREAS, City Council Resolution No. 154-21 called for a hearing on this moratorium
to be held on May 17th, 2021; and,
WHEREAS, said hearing was posted to the City Council's meeting agenda on May 13,
2021; and,
WHEREAS, said hearing has been held.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Caldwell,
County of Canyon, State of Idaho:
Section 1. The foregoing recitals, being a true and accurate description of an imminent
peril to the public welfare of the City of Caldwell, a moratorium is hereby imposed upon the
receipt, processing, and approval of applications for conditional use permits, preliminary plats,
planned unit developments, and annexation requests for residential development within the City
of Caldwell, except as provided in Section 2 of this moratorium. The moratorium shall be in place
for one hundred and twenty (120) days following the adoption hereof.
Section 2. This moratorium shall not apply to any permit that has already been issued,
nor shall it apply to any permits for which any related application or license has already been
requested from, filed with, or issued by the City. This limitation shall not prohibit the Caldwell
City Council from exercising the control it is otherwise authorized to exercise over any such
development.
Section 3. City staff are hereby directed to present a permanent solution to the
problems addressed by this moratorium within 90 days.
Section 4. This moratorium shall be in full force and effect immediately upon the date
of its passage.
Section 5. This moratorium is hereby declared to be severable. If any portion hereof is
declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in
full force and effect and shall be read to cavy out the purposes of this moratorium before the
declaration of partial invalidity.
Section 6. If a conflict exists between this moratorium and any other ordinance,
resolution, or order of the City of Caldwell, this moratorium shall control until its expiration or
termination by City Council.
PASSED BY THE COUNCIL of the City of Caldwell, Idaho this 17a' day of May, 2021.
APPROVED BY THE MAYOR of the City of Caldwell, Idaho this 17`s day of May,
2021.
ATTEST:
Ic y
DEBBIE GEYER, Ci ler
I!l2 2 t11]y 1117
By
Chris Allgood
City Council President
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MEMORANDUM
TO: FILE
FROM: Debbie Geyer, Caldwell City Clerk
DATE: May 19, 2021
RE: CITY OF CALDWELL ORDINANCE NO. 3348
AFFIDAVIT OF POSTING
This is verify that Ordinance No. 3348 (Approved by Caldwell City Council on May 17, 2021)
has been posted in at least five (5) public places within the City of Caldwell City Limits, pursuant
to Idaho Code 50-901.
1) Caldwell City Hall (411 Blaine Street)
2) Caldwell Development Services (621 Cleveland Boulevard)
3) Caldwell Public Library (1010 Dearborn Street)
4) Caldwell Veteran's Hall (1101 Cleveland Boulevard)
5) Canyon County Courthouse and Administrative Building (1115 Albany Street - and 111
North 11'" Avenue)
Signed:
Caldwell City Clerk
State of Idaho)
County of Canyon)
On this � day of May, 'n, the ear 2021, before me tff( K(A Q(0 , a Notary Public,
personally appeared. eb (�- LN a known or identified to
me to be the person who name is subscribed to the instrument, and ack.WWjQged to me that she/he
executed the same by affixing their signature thereto. •.••'�p K •••.,
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