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 §  Factors in Idaho Code § o Trade area o Geographic factors o 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 Confusion Poor 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) - § 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 ordinances 2.Application of county plan and ordinances 3.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 (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 Infrastructure o 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 § 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 hearing al l 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 (§ (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 processes 1. City must comply with all procedures for zoning changes within the annexed area 2. City must publish hearing notice and mail to all landowners 3. City must hold a public hearing 4. City must make appropriate findings

Annexation Categories Chapter 4 CATEGORY A All 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 al l 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 enclave AND 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-

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

Elaine Clegg (208)