[Vision2020] Is a public vote allowable on WM for example

[bill bonte]

And being such an important function, it is unfortunate that the City  
of Moscow does not have a planning
department.  I has only a Community Development department.   
Therefore, we have lots of development and
precious little planning.

On Jan 12, 2006, at 11:04 AM, Michael Curley wrote:

> Ron:
> You are, of course, right that a zoning decision cannot be put to a
> vote of the public.  The matter is administrative IF an entity (I'll
> call them BB, Inc. for big box) proposes to build at a location that
> is within the Moscow city limits AND in a zone where the entity is
> allowed as a matter of right by the zoning code.  The administrator
> is charged with seeing that BB complies with all portions of Moscow
> City Code applicable to the situation--building codes, setbacks,
> storm water runoff, signage, lighting, buffer (planting strips, etc).
>  In any other situation, the matter is quasi-judicial--BB must ask
> for some type of permission or change to the code(s).  If BB proposes
> to locate where their type of operation is what is known as a
> "conditional use," then BB can locate there only with permission from
> the Board of Adjustment (whose decision can be appealed to City
> Council).  If the property is outside the city limits, it needs to be
> annexed and then rezoned.  If inside the city limits, but BB's
> operation is not currently permitted by right or by conditional use
> permit, then BB can ask for a rezone--which will be heard first by
> Planning and Zoning Commission for its recommendation to City
> Council, which will have another public hearing and render a final
> decision.
>
> One piece not often mentioned in discussions on 2020 (or elsewhere
> when I have heard them for that matter) is that a governmental entity
> cannot discriminate against BB.  It must treat BB and BB1 and BB2 all
> the same.  Thus, outside the imaginary BB world:  the city cannot
> allow Lowe's to do what it won't allow Home Depot to do--in the same
> location at least.  Certainly the city can deny HD a rezone on the
> east side of town (if there is cause to do so) and allow Lowe's a
> similar rezone (and sized store) on the west side (again, if there is
> good reason to do so).  Thus, the city can limit the size of new
> retail establishments to, for example, 150,000 sq. ft. (or less, or
> more)  But the limit would apply to Tri-State and Moscow Building
> Supply if they wanted to expand above that limit.  If they (or any
> other entity) is already above the limit, they would be a (legal) non-
> conforming use (some refer to this as being "grandfathered in," which
> is not exactly accurate, but...).
>
> The City could hold an advisory election to determine if a majority
> of Moscow voters would want the size (or location, etc) limits
> Council is or wants to consider.  As long as it is a legislative
> matter--concerning the passage of a code section applicable to all
> entities, there would be no problem with the vote (in my opinion).
> It could not be held, however, if it was related to a specific
> application.  For example, if Costco wanted to rezone a parcel, an
> advisory vote/election would violate Costco's due process rights (and
> probably others as well).  For better or worse, the public hearing
> process is where citizens could sound off about their interests and
> opinions about the pending application.
>
> That said, perhaps one can see why "planning" is such an important
> function.  Once faced with a specific application, the council's
> (and, thus, the citizens') options become substantially more limited.
>
> I apologize for the length of this post.
> Mike Curley
>
>
>
>
>
> From:           	"Ron Force" <rforce at moscow.com>
> To:             	<vision2020 at moscow.com>
> Subject:        	RE: [Vision2020] Walmart
> Date sent:      	Wed, 11 Jan 2006 14:44:36 -0800
>
> [ Double-click this line for list subscription options ]
>
> I don't believe there's any way under Idaho law for a zoning decision
> to be put to a vote. Doesn't it fall under an administrative
> decision,
> like the 10 Commandments decision in Boise?
>
> **********************************************
> Ron Force          Moscow ID USA
> rforce at moscow.com
> **********************************************
>
> Phil Roderick says:
> "I think Walmart proposal should be put to the vote of the people . .
> ."
>
> I don't think you'll get what you want, or what you think you'd get,
> if you put it to a vote.  Especially if you go countywide.
>
> I'm not saying it's right or wrong, but just what it is.
>
> DC
>
>
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