Code Revision to Silence Public Input

[Kit Craine <kcraine@moscow.com>]

Heads up Moscow. There is a public hearing Monday, August 19 at
7:30 p.m. in the city council chambers regarding a proposed code
amendment that will effect your ability to participate in
decisions that could impact your property values and your quality
of life. This proposed amendment is the result of a dispute my
neighbors and I had with the city over a "lot division" at 724
Kenneth. Despite direct questions to the realtor/developer, the
first we knew of this development was when two foundation holes
were dug behind the existing house. When we asked the city's
building department about it, we were assured by the staff that
this was a “lot division” where public notice is not required,
that the development was fully in compliance with the "zoning"
and that there was nothing we--or the city--could do to stop it. 

After doing some research, we discovered that information was not
exactly true. According to Moscow's Subdivision Code, that
development was a subdivision and public notice was required.
Also, although the use (duplexes) and the lot sizes were in
compliance with the requirements of the zoning DISTRICT, the
development violated other aspects of the zoning CODE.
Furthermore, although the city had given itself the authority for
these “lot divisions” by grafting language into the Building
Code, the procedure it was following was not in compliance with
that code.

We brought these facts to the attention of the city council. The
response? Rather than changing their behavior to comply with the
law, the city official are proposing to “clarify” the code in
order to bring the law into compliance with their process. This
“clarification” specifically states that public notice and
hearings will not be required for the subdivisions involving
fewer than five lots. It still does not require compliance with
all of the zoning laws. As a result, developers will be able to
continue operating without the inconvenience of public oversight.

What's most disturbing about this situation is the city's
determination to permit development without public involvement.
The code is being revised very quietly; the only warning is an
inaccurate notice of the proposed amendment published in the
legal notices of the August 3-4, 2002 issue of the Pullman-Moscow
Daily News. According to this blurb, there will be a public
hearing before the Planning and Zoning Commission on Wednesday,
August 19th (August 19th is a Monday, the third Monday of the
month, a day that is reserved for City Council meetings). In
addition, although the notice also stated that a "complete file
on this matter is available for public inspection at the
Community Development Department," it took me four days to get a
"draft" of the proposed ordinance. Who knows if this is the same
material the council is reviewing?

The people are clearly not being given enough notice to be able
to participate in a decision that will have long term
consequences for the entire city, so I'm bringing this issue
before Vision 2020 with the hope that you will comment to the
council. Please, if you value Moscow the way it is, let your
voice be heard.