area of impact introduction apa idaho october 8, 2015
TRANSCRIPT
Area of Impact Introduction
APA Idaho October 8, 2015
The Legal Foundation of LLUPA
Local Land Use Planning Act• Successor to Standard Planning and Zoning
Enabling Act – pre-Depression• Enacted in 1975 – modeled after American
Law Institute (ABA) prototype
What is an Area of City impact?
Required by LLUPA Idaho Code § 67-6526
Factors in Idaho Code § 67-6526o Trade areao Geographic factorso Areas that can
reasonably be expected to be annexed to the city in the future
Chapter 1
Area of City Impact Toolkit
Chapter 1. Preparing to Develop an Area of City Impact (AoCI)
Chapter 2. The Area of City Impact Process – Legal Foundations
Chapter 3. Area of City Impact Disputes
Chapter 4. After Adoption of an Area Of City Impact
Things to think about – Appendix
Why the Tool Kit is Needed
ConfusionPoor Communication
Inherent Conflicts Bad planning
Cities and Counties
must plan
Poorly written
legislation
• No intent statement• No definitions• Poorly integrated with other
law• Constitutionally flawed
• No resources• No guidelines• Don’t always get along
Review of Legal Foundation – What’s required and enabled
• Mandatory procedure (shall adopt) - §67-6526• Map identifying area (both city and county)• Separate ordinance applying plans and
ordinances for AoCI (both city and county)• Implementation requires total of four separate
ordinances• Cannot carry out Category B or C annexation
unless in AoCI – I.C. §50-222
Case law impacts to Legal Foundation – Regulating Ordinances
• Options for regulating ordinances in AoCI:1. Application of city plan and ordinances2. Application of county plan and ordinances3. Application of mutually agreed upon plan and
ordinances - can mimic city plan and ordinances
Blaha Court Cases impacts law – Cities have no authority outside corporate limits
– Only second and third options remain – third option must be implemented by county
Is it Working? ….What did we hear– the bad
Survey of planners and Elected Officials Majority feel state law is not adequate in its intent
and direction to cities and counties regarding AOIs Many issues/tension around AoCI and annexation The current process is filled with uncertainty and
challenges for many jurisdictions Wide range of how AoCI expansions are planned
The Negotiation Process – Keys to Success
Good relationships
Good information
Standards that match the plan
Community support
Chapter 2
Early consultation between city(s) and county: Agree to negotiate or
renegotiate Set Expectations Develop work plan
Identify issues, data and analysis needed
Identify a schedule Plan public involvement
How an Area of City Impact is Determined – boundaries of the Map
Idaho Code 67-6526 (b)
Trade area
Geographical Factors
Areas that can reasonably be expected to be annexed to the city in the future.
Chapter 2
Trade Area
Definition: Geographic area from which businesses or a city draws it customers May have more than one trade area depending on
business types, isolation, relative size, etc. Blurred with advent of e-commerce – in our more
mobile society, perhaps not as relevant Analyze who is using city provided direct services
such as parks and libraries, and indirect users of utilities, roads and such that serve businesses.
Chapter 2
Definition: No clear definition of geographic factors, consider both natural and manmade Natural factors to consider
o Water o Landform, o eco-systems
Manmade factors o Infrastructureo Ownership patterns
Geographical factors
Chapter 2
What is “…reasonably be annexed…”
Look at past development trends and annexation requests
Present and planned uses Ownership around proposed boundaries Look to create regular boundaries (no islands) where urban services should be provided is the best
indicator of future areas to be annexed
Chapter 2
What is the future? At least ten years – Its difficult to plan
accurately more than twenty years Ideal to match with:
o Comprehensive Plan(s)
o Match with infrastructure plans
What to plan for “…in the future…”
Chapter 2
Idaho Code §67-6509 requires adherence to public notice
requirement that are the same as for adoption of a Comprehensive Plan
15 day notice of public hearing
Decision by governing body
Optional public hearingall
Statutory Requirements vs. Best practices
Community Involvement to Create a Shared Vision/Goals
Opportunities to involve the public: Ensure their understanding of
the process, Allow the m to air their
concerns should happen long before a
public hearing to consider the plan and ordinance for the Area of City Impact.
Process set in law for City/County conflicts – known as the “Gang of Nine”
Process set in law for City/City conflicts – can lead to an vote
Both have been problematic
What if there are conflicts
Appendix
Failure to Adopt or Disagreement between a City and County (§67-6526(b))
Written notice of demand for compliance with the law
Within 30 days, the mayor selects and the city council confirms 3 elected city officials as representatives
Within 30 days, the county commissioners and the 3 confirmed city officials select 3 city or county representatives at large
Committee of Nine is formed including the 3 County Commissioners, three city officials and three at large representatives
Within 180 days, the Committee of Nine, by majority vote recommend a plan, ordinance and Area of City Impact
The city and county governing bodies have 60 days to act upon the recommendation.
If either fails to act it is basis for filing for a declaratory judgment in district court. Chapter 3
Disputes between Cities that have interest in overlapping AoCI
A city makes a request to the county to resolve a disagreement between cities on a Area of City Impact boundary
Within 30 days, the county commissioners recommend adjustments to the cities.
The cities conduct a public hearing process to consider the county's recommendation.
If a city objects to the county's recommendation, the county holds an election within the disputed area in which residents within that area are asked which Area of City Impact they desire.
The county submits the results of the election to the cities.
Chapter 3
After Adoption of an Area of City Impact
The County administers the AoCI
The City annexes land within the AoCI
The AoCI is reviewed every ten (10) years for possible update
Chapter 4
Annexation
Chapter 4
All Annexations must follow basic planning and zoning processes1. City must comply with all procedures for zoning
changes within the annexed area2. City must publish hearing notice and mail to all
landowners3. City must hold a public hearing4. City must make appropriate findings
Annexation Categories
Chapter 4
CATEGORY AAll landowners consent
-OR-Land area to be annexed is an enclave† of <
100 parcels
Need not be included in the Area of City Impact if all landowners consent. Must be in
Comprehensive Plan
May be annexed unilaterally by ordinance.
Does not require a detailed annexation plan
all
CATEGORY B> 100 parcels and > 50% of landowners (based on land area) have consented
-OR-< 100 parcels (regardless of landowners
consent) and is not an enclaveAND
Parcel(s) are 5 acres or less‡
Land area to be annexed must be within Area of City Impact
Annexation may proceed over objections by some or all landowners if appropriate
findings can be made.
City must prepare detailed annexation plan
.
CATEGORY C> 100 parcels and < 50% of landowners (based on land area) have consented
AND Parcel(s) are 5 acres or less‡
Land area to be annexed must be within Area of City Impact
After following procedures outlined landowners in area to be annexed must be
polled and over 50% must consent.
City must prepare detailed annexation plan
.
.
-OR-
-OR-
UN
ILA
TE
RA
L
CO
UN
CIL
DE
CIS
ION
RE
QU
IRE
S V
OT
E
Annexation – When is the right time?
Are residents in the Impact area hooked up to city infrastructure (50%?)
Are residents in the Impact area using other City Services (parks, library, cultural assets)
Are city residents subsidizing costs within the Area of City Impact (quantify if possible)
Can city provide full service to the area in question?
Chapter 4
