[Vision2020] Subdivision off Joseph Street

[Kit Craine]

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86 Acres to be subdivided south of Joseph

On Wednesday, November 12, 2003 the Planning and Zoning Commission is=20
scheduled to hear propositions to annex approximately 86 acres of land=20=

located south of Joseph street just beyond the bridge to approximately=20=

where the city limits currently are on the north side of Joseph, At the=20=

same hearing P&Z will consider revising the comprehensive plan,=20
rezoning the area, and reviewing a preliminary subdivision plat for 62=20=

acres. This subdivision will have R-1 single family home on the hill=20
tops and R-4 apartments in the lowlands along an extension of White=20
Avenue which will curve to meet Joseph. There will be businesses at the=20=

intersection of White and Joseph.

As of today (Nov. 10), notice of this hearing has not been posted on=20
the city's website; the only published legal notice was in the Daily=20
news on October 25th.

The November 12th hearing is compressing three different processes=20
which are governed by three different sections of code into one=20
package. When one considers the State and City codes, there are some=20
questions as to whether the city can do this:

	=95 Annexation is governed by Idaho Code 50-222 and 67-6525. In =
the=20
state defined process, the city council must request and receive a=20
recommendation from the planning and zoning commission concerning the=20
final zoning PRIOR to the annexation (67-6525.) The council must then=20
follow the procedures stated in IDC 50-222-5(a) to pass an annexation=20
ordinance (50-222.) Both the commission recommendation and council=20
decision involve public hearings.
	=95 Rezoning, and any related changes to the comprehensive plan, =
is a=20
Type 2 Administrative Hearing under Moscow City Code (4-10-3(B)). This=20=

process requires public notice and a hearing before the Planning and=20
Zoning Commission which produces a recommendation, then a second=20
noticed hearing before the Council, which produces the decision.
	=95 Review of subdivision plats is a Type 1 Administrative =
Hearing under=20
Moscow City Code (4-10-3(A)). The decision from this type hearing is=20
final, pending appeal from a higher authority.
	=95 Although state code says that the council shall amend the=20
comprehensive plan and zoning ordinance "concurrently or immediately=20
following" the adoption of an ordinance of annexation (ID 67-6525),=20
Moscow's code contains a district (FR - Farm, Ranch, Outdoor=20
Recreation) which was created specifically to hold open and annexed=20
areas until land use studies are completed and the appropriate zoning=20
determined. Moscow City Code explicitly states that "[a]ll land=20
hereafter annexed to the City SHALL be classified FR" (4-11-6(J)). The=20=

city code clearly defers the zoning decision until after the annexation.
	=95 The area proposed for annexation will not be within the city =
limits=20
until the annexation ordinance is passed by council and recorded. As a=20=

result, the proposed subdivision will still be in the area of impact=20
during the November 12th hearing. Creating a subdivision in the area of=20=

impact requires county involvement.
	=95 One of the criteria for approval of a preliminary =
subdivision plat=20
is that it conforms to the existing zoning regulations (MCC 5-1-8-7).=20
At the time of the merged hearings, the "existing" zone is Agriculture=20=

Forestry, not R-1 or R-4; the zones that would allow the proposed=20
development will not exist until after the council adopts an ordinance=20=

changing the Comprehensive Plan and Zoning Ordinance.

The above information was sent to all City Council members on November=20=

3.

Given the magnitude of the impact a subdivision such as the proposed=20
will have on a town, the public needs (and has a right) to be fully=20
included in the decision. In the November 12th hearing, the process is=20=

collapsed to a point where it appears as if the annexation and rezoning=20=

are done deals and the city is simply going through the motions of=20
accepting public input. While that may be an advantage to the=20
applicant, it restricts the peoples' right to participate in the future=20=

of their community.

Kit Craine=20=

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<bold><smaller>86 Acres to be subdivided south of Joseph

</smaller></bold>

<fontfamily><param>Times New Roman</param><smaller>On Wednesday,
November 12, 2003 the Planning and Zoning Commission is scheduled to
hear propositions to annex approximately 86 acres of land located
south of Joseph street just beyond the bridge to approximately where
the city limits currently are on the north side of Joseph, At the same
hearing P&Z will consider revising the comprehensive plan, rezoning
the area, and reviewing a preliminary subdivision plat for 62 acres.
This subdivision will have R-1 single family home on the hill tops and
R-4 apartments in the lowlands along an extension of White Avenue
which will curve to meet Joseph. There will be businesses at the
intersection of White and Joseph.


As of today (Nov. 10), notice of this hearing has not been posted on
the city's website; the only published legal notice was in the Daily
news on October 25th.


The November 12th hearing is compressing three different processes
which are governed by three different sections of code into one
package. When one considers the State and City codes, there are some
questions as to whether the city can do this:


	=95 Annexation is governed by Idaho Code 50-222 and 67-6525. In =
the
state defined process, the city council must request and receive a
recommendation from the planning and zoning commission concerning the
final zoning PRIOR to the annexation (67-6525.) The council must then
follow the procedures stated in IDC 50-222-5(a) to pass an annexation
ordinance (50-222.) Both the commission recommendation and council
decision involve public hearings.

	=95 Rezoning, and any related changes to the comprehensive plan, =
is a
Type 2 Administrative Hearing under Moscow City Code (4-10-3(B)). This
process requires public notice and a hearing before the Planning and
Zoning Commission which produces a recommendation, then a second
noticed hearing before the Council, which produces the decision.

	=95 Review of subdivision plats is a Type 1 Administrative =
Hearing
under Moscow City Code (4-10-3(A)). The decision from this type
hearing is final, pending appeal from a higher authority.

	=95 Although state code says that the council shall amend the
comprehensive plan and zoning ordinance "concurrently or immediately
following" the adoption of an ordinance of annexation (ID 67-6525),
Moscow's code contains a district (FR - Farm, Ranch, Outdoor
Recreation) which was created specifically to hold open and annexed
areas until land use studies are completed and the appropriate zoning
determined. Moscow City Code explicitly states that "[a]ll land
hereafter annexed to the City SHALL be classified FR" (4-11-6(J)). The
city code clearly defers the zoning decision until after the
annexation.

	=95 The area proposed for annexation will not be within the city =
limits
until the annexation ordinance is passed by council and recorded. As a
result, the proposed subdivision will still be in the area of impact
during the November 12th hearing. Creating a subdivision in the area
of impact requires county involvement.

	=95 One of the criteria for approval of a preliminary =
subdivision plat
is that it conforms to the existing zoning regulations (MCC 5-1-8-7).
At the time of the merged hearings, the "existing" zone is Agriculture
Forestry, not R-1 or R-4; the zones that would allow the proposed
development will not exist until after the council adopts an ordinance
changing the Comprehensive Plan and Zoning Ordinance.=20


The above information was sent to all City Council members on November
3.


Given the magnitude of the impact a subdivision such as the proposed
will have on a town, the public needs (and has a right) to be fully
included in the decision. In the November 12th hearing, the process is
collapsed to a point where it appears as if the annexation and
rezoning are done deals and the city is simply going through the
motions of accepting public input. While that may be an advantage to
the applicant, it restricts the peoples' right to participate in the
future of their community.=20


Kit Craine</smaller></fontfamily>=20=

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