HomeMy WebLinkAboutORD 3348-A AMENDED MoratoriumCITY OF CALDWELL
ORDINANCE No. 3348-A
Bill No. 28-A
/AMENDED ORDINANCE NO. 33481
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING BILL
NO. 28, ORDINANCE NO. 3348, PERTAINING TO A MORATORIUM ON
PRELIMINARY PLATS, PLANNED UNIT DEVELOPMENTS, SPECIAL USE
PERMITS, AND RESIDENTIAL ANNEXATIONS; 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 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
circumstances constitute an imminent peril to the public safety and welfare of the City of Caldwell
and its citizens; and,
WHEREAS, the City Council, by Bill No. 28, Ordinance No. 3348, placed a moratorium
on certain applications for preliminary plats, planned unit developments, special use permits, and
residential annexations; and,
WHEREAS, City Staff have developed a calculus for providing City Council with
information relevant to the question of whether a particular development will result in an
unmitigable draw on public safety resources and services; and,
WHEREAS, City Staff are processing a permanent ordinance through the Planning and
Zoning commission and City Council as required by the Local Land Use Planning Act as required
by Title 67, Chapter 65, Idaho Code, which shall be before the City Council in September of 2021;
and,
WHEREAS, in lieu of keeping the Moratorium Ordinance in place in its current iteration,
the City desires to amend the same to allow development application processing to resume; and,
WHEREAS, the City desires to allow development application processing to resume, with
certain limitations to protect the life, safety, and welfare of the citizens of the City of Caldwell;
and,
WHEREAS, it is the position of the City Council that this amendment to Bill No. 28,
Ordinance, No. 3348, will allow development applications and processing to resume while still
addressing the imminent peril found to exist by Resolution No. 154-21
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Caldwell,
County of Canyon, State of Idaho:
Section 1. The Temporary Hold on Development Applications is Repealed: The
foregoing recitals, being a true and accurate description of an imminent peril to the public welfare
of the City of Caldwell, the stay 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, by Bill No. 28, Ordinance No. 3348, is
hereby repealed, as conditioned by Sections 2 and 3 of this Amended Ordinance. This Amended
Ordinance shall remain in effect for the original term of Ordinance No. 3348.
Section 2. Processing Applications: For all applications for preliminary plats, planned
unit developments, residential special use permits, and residential annexations, City Staff shall
conduct a fiscal analysis of said application to provide information to the Planning and Zoning
Commission and the City Council concerning the City's ability to provide the proposed
development with police, fire and public safety services. The ability to provide public safety
services shall be a criterion of approval for all of the foregoing applications.
Section 3. Effective Date: This Amended Ordinance shall be in full force and effect
immediately upon the date of its passage.
Section 4. Severability: This Amended Ordinance 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 carry out the purposes of this
Amended Ordinance before the declaration of partial invalidity.
Section 5. Conflicts: If a conflict exists between this Amended Ordinance and any other
ordinance, resolution, or order of the City of Caldwell, this Amended Ordinance shall control until
its expiration or termination by City Council.
PASSED BY THE COUNCIL ofthe City of Caldwell, Idaho this 2"d day of August, 2021.
APPROVED BY THE MAYOR of the City of Caldwell, Idaho this 2nd day of August,
2021.
APPROVED
By 4W4�
GARRET NANCOLAS, Mayor
ATTEST:
By
DEBBIE &YER, Ci Clerk ••••.• p........
: JAN 15
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