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HomeMy Public PortalAboutResolution 14-15 Will Serve CommitmentsRESOLUTION NO. 14-15 A RESOLUTION REGARDING WATER SYSTEM CAPACITY WILL SERVE COMMITMENTS; ESTABLISHING AN INVENTORY OF ISSUED WATER SYSTEM WILL SERVE COMMITMENTS FOR DEVELOPMENT APPLICATIONS WHICH HAVE EXPIRED; PROVIDING A PROCEDURE FOR REVOCATION OF EXPIRED WATER SYSTEM WILL SERVE COMMITMENTS; PROVIDING FOR A PROCESS WHEREBY PROPERTY OWNERS MAY PROTEST THE REVOCATION OF WATER SYSTEM WILL SERVE COMMITMENTS; AND PROVIDING FOR A HEARING BEFORE THE CITY COUNCIL. WHEREAS, in prior years, the City of McCall issued will serve commitments for water service to development applications which commitments did not contain a specific expiration date or contingency upon completion of the development; and WHEREAS, many of the development applications for which will serve letters were issued received approval but did not proceed to final development and the property no longer has the necessary entitlements to proceed with development; and WHEREAS, the developments for which prior entitlements have expired will be required to file and process new applications if the property owner desires to develop that property; and WHEREAS, the inventory of will serve commitments issued to developments that have expired is expected to exceed 300 equivalent dwelling units; and WHEREAS, regulations issued by the Idaho Department of Environmental Quality require the City of McCall to build and maintain infrastructure commensurate with total build - out of the water system inclusive of all issued will serve commitments; and WHEREAS, the current Idaho Department of Environmental Quality regulations do not allow the City to reduce water system capacity and redundancy for any will serve commitments which do not have a built in expiration date, even if the commitments are linked to developments which cannot be built because the underlying entitlements have expired; and WHEREAS, building and maintaining the City of McCall water system infrastructure for developments whose entitlements have expired adds unnecessary expense and burden on existing rate payers; and WHEREAS, prudent fiscal and infrastructure planning requires that the City of McCall only build and maintain such infrastructure as is necessary to provide for existing users and approved developments that have not expired; and WHEREAS, the recipients of the will serve commitments or the underlying property owner for which the commitments were issued may have a protected property interest in those commitments which should not be eliminated without due process of law. Page 1 of 3 Resolution 14-15 October 9, 2014 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of McCall, Idaho as follows: Section 1: The City of McCall Public Works and Community Development Departments shall identify all proposed developments that were never completed, including developments which were initiated for which final phases were not completed, specifically including the number of proposed connections for which will serve commitments are currently outstanding in spite of the failure of the developments to be completed. Section 2: The City of McCall Public Works and Community Development staff shall identify all former owners, and current owners, of the property associated with a development whose entitlements have expired for which there are outstanding water system will serve commitments. Section 3: After identifying the former owners to whom the commitments were issued, and current owners of the aforementioned properties, with the assistance of the City Clerk, City staff shall issue a notice to the former owners, and the current owners, notifying them that the City intends to revoke the will serve commitments associated with the property for which development application entitlements have expired, using a form of notice as represented in Attachment A, which is part of this Resolution. Section 4: The notice to former and current property owners shall be sent by certified mail, return receipt requested, to the last known mailing address that appears in the records of the City of McCall, Idaho, and such last known address as may be shown in the online database maintained by the Idaho Secretary of State for business entities. Section 5: Former and current owners of the property for which a notice has been issued shall have 30 days from the date of mailing of the notice in which to protest or object, in writing, to the proposed revocation and, thereby, request a hearing before the City Council. Section 6: After the time for responding to the notice has expired, staff shall prepare a list of those former and current property owners who did not respond and did not object or request a hearing before the City Council. Those will serve commitments will be referred to the City Council for revocation. Section 7: After the time for responding to the notice has expired, staff shall prepare a list of those property owners who have objected and exercised their right to a hearing and refer such list to the City Council for scheduling a hearing before the Council. Section 8: Upon referral of an objection and request for hearing to the City Council, the City Council shall, for each property, schedule a hearing before the City Council with notice of the hearing given at least 30 days prior to the date of hearing. The notice of hearing shall be mailed by certified mail, return receipt requested. Section 9: At any hearing on whether a water system will serve commitment should be revoked, the property owner or person claiming a right to the will serve commitment must Page 2 of 3 Resolution 14-15 October 9, 2014 come forward with evidence why the will serve commitment should be maintained, and if so, the date after which it should expire if not used. Section 10: For any water system will serve commitment which is revoked, a notice of revocation of will serve commitment shall be issued by the city clerk and shall be mailed by regular, first class mail to the last known address or addresses of the former and current owners of the property covered by those particular commitments. Section 11: For any property upon which a will serve commitment was issued and has been revoked, the revocation of such water system will serve commitment will not affect the ability of a property owner or successor in interest to request a new water system will serve commitment at such time as a new development application is proposed. Section 12: This Resolution shall take effect and be in force immediately upon its passage and approval. Passed and approved this 9 day of October, 2014. BessieJo War er, City Page 3 of 3 Resolution 14-15 October 9, 2014