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.
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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
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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
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Resolution 14-15
October 9, 2014