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HomeMy WebLinkAbout2023-04 MoratoriumCITY OF CHUBBUCK, IDAHO RESOLUTION No. 2023- Uy Moratorium WHEREAS, Idaho Code §67-6523 allows a governing board to adopt a moratorium on a selected classes of permits if it finds imminent peril to the public health, safety, or welfare; and WHEREAS, said moratorium can be effective for a period not longer than one hundred eighty two (182) days; and WHEREAS, for purposes of this Resolution, extended stay facilities are defined as facilities which offer lodging to tenants for more than 30 days, but not including bed and breakfasts, recreational vehicle parks, group homes, nursing homes, assisted living centers, and residential short-term rentals. WHEREAS, the City of Chubbuck does not have special regulatory standards which differentiate hotels/motels facilities from extended stay facilities. WHEREAS, from March 1, 2021 through May 15, 2023, the Chubbuck Police Department or other law enforcement agencies experienced 922 calls -for -service to an extended stay facility (average of 34.79 times per month) compared to 189 calls -for -service to a hotel in the same vicinity in the same period (average of 7.13 times per month). Prior to the facility converting to an extended stay facility, it was a hotel; between January 1, 2019 and March 1, 2021, the hotel experienced 407 calls -for -service (average of 15.65 times per month). The calls to the extended stay facility since its conversion from a hotel around March 2021 included the following natures: homicide, stolen vehicles, suspicious activity, welfare checks, theft, vandalism, child protection, harassment, trespassing, drug violations, animal problems, sexual assaults, and a myriad of other types; RESOLUTION - Page t C:\Users\jbowers\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\7EON09KR\Resolution 2023-05- 17 - Moratorium on Extended Stay Facilities.doex WHEREAS, from November 2021 through May 2023, the Chubbuck Fire Department and/or Bannock County Ambulance responded to 299 calls -for -service (average of 16.61 times per month) to an extended stay facility compared to 123 calls -for -service in the preceding 6 years when the same building was a hotel prior to its conversion to an extended stay (1.71 times per month). Most of the calls to the extended stay facility dealt with drug overdose and mental health; WHERAS, the Chubbuck Police and Fire Departments do not have the ability to maintain service extended stay facilities while still providing historical levels of service to the whole of the City, and any new or expanded extended stay facilities will further dramatically decrease levels of service across the City to the detriment of the community's health, safety, and welfare; WHEREAS, the Mayor has repeatedly been approached by business owners operating in the vicinity of an extended stay facility who have experienced increased criminal and suspicious activity since an extended stay facility opened near them, threatening their security and investments; WHEREAS, extended stay facilities have historically demonstrated to be very different from hotels/motels in the City of Chubbuck in terms of criminal activity and law enforcement needs, emergency services needs, social services needs, and safety and welfare concerns; WHEREAS, a temporary moratorium on business licenses, building permits, demolition permits, design review committee applications, and plat applications for new and expanded extended stay facilities will allow the City time to propose and if approved, adopt requirements to address emergency service needs, and increase the public health, safety, and welfare of residents, business owners, and visitors of Chubbuck; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Chubbuck as follows: RESOLUTION - Page 2 C:\Users\jbowers\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\7EON09KRaesolution 2023-05- 17 - Moratorium on Extended Stay Facilities.docx Effective with the adoption of this Resolution, there shall be an emergency moratorium, as defined in Idaho Code §67-6523, on business licenses, building permits, demolition pennits, design review committee applications, and plat applications for new or expanded facilities which offer lodging to tenants for more than 30 days, excluding bed and breakfasts, recreational vehicle parks, group homes, nursing homes, assisted living centers, short-term rentals, and other like uses, and which are located within Chubbuck city limits. This moratorium shall automatically expire 182 days after the adoption of this Resolution unless sooner amended or rescinded by the Mayor or the City Council. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR ON 7 2023. Kevin B. England, Mayor ATTEST: o owers, City Clerk RESOLUTION - Page 3 C:\Users\jbowers\AppData\Local\Microsoft\Windows\rNetCache\Content.Outlookc 7EON 09KRIResolution 2023-05- 17 - Moratorium on Extended Stay Faci lities.docx