KOOTENAI COUNTY COMPREHENSIVE PLAN 2020 Update Originally Adopted December 2010 KOOTENAI COUNTY COMPREHENSIVE PLAN UPDATE February 2020 BOARD OF COUNTY COMMISSIONERS Chris Fillios, Chairman Leslie Duncan Bill Brooks KOOTENAI COUNTY PLANNING COMMISSION Dave Levine, Chairman Collin Coles, Vice Chairman Bob Grossglauser Wes Hanson John Malloy Deborah Rose KOOTENAI COUNTY COMMUNITY DEVELOPMENT David Callahan, Director GUIDE TO THE 2020 COMPREHENSIVE PLAN UPDATE GUIDE TO THE 2020 COMPREHENSIVE PLAN UPDATE – 1 The 2020 Comprehensive Plan Update is element is summarized. Next, the logic not a complete overhaul of the 2010 used to develop the goals, policies, and Comprehensive Plan. The Update objectives (where applicable) for each focused only on the goals, objectives and element is presented. This is followed by policies of the 2010 Comprehensive a summary of the Update’s policies for Plan. After thoroughly reviewing and each element. evaluating the 2010 Plan’s goals, objectives and policies, the Planning After each element introduction, the Commission compressed, combined, accompanying goals and policies are rephrased, eliminated and added new presented. The more complex elements ones. The aim was to create a more (Property Rights, Land Use and Natural understandable, informative, and Resources) also contain objectives so achievable document. The Board of policies can be better organized. County Commissioners approved the Update with only a few non-substantive Under current Ninth Circuit case law, the changes. County is prohibited from exercising land use jurisdiction over lands owned The Update’s goals, objectives and by the Tribe or any of its enrolled policies replace those found in the 2010 members located within the Coeur Plan. The Future Land Use Map is d’Alene Reservation. This is true unchanged, and is located after the regardless of whether that land is owned Update and before the Appendix. The by the Tribe or a member thereof in fee remaining areas of the 2010 simple, or whether it is owned by the Comprehensive Plan also have not federal government in trust for the Tribe changed, and are included in an or any member of a federally recognized Appendix located after the Future Land Indian Tribe. This is reflected in section Use Map. Changes to such items as the 8.1.104 of the Kootenai County Code, plan’s data and Future Land Use Map which expressly disclaims jurisdiction will be considered later. over these lands. The following document contains the However, this does not necessarily Kootenai County Comprehensive Plan preclude the County from exercising its Update’s goals, objectives and policies. planning functions over such lands, nor The elements are arranged in the order does it preclude zoning of these lands found in the Local Land Use Planning with the understanding that such zoning Act, Title 67, Chapter 65, Idaho Code. is not enforceable unless the land passes into non-Tribal ownership. The same is An introduction summary prefaces each true with lands owned by the federal planning element. The 2010 Plan called government or the State of Idaho that are these elements “chapters” but the Update outside the County’s land use calls them “elements.” In each element jurisdiction. introduction, the content of the 2010 Comprehensive Plan regarding the As you read through the Update, please understand that the goals, policies and GUIDE TO THE 2020 COMPREHENSIVE PLAN UPDATE – 2 objectives found in it are not enforceable regulations concerning land use. They only provide directions for writing regulations in the future. 2020 COMPREHENSIVE PLAN UPDATE Goals, Objectives and Policies GOALS, OBJECTIVES AND POLICIES – 1 ____________________________________ 4. Remedy existing nonconformities and avoid creating new nonconformities by Element (a) – Property Rights adopting appropriate land use regulations. ____________________________________ 5. Document specific health, safety and SUMMARY: The 2010 Comprehensive general welfare reasons supporting each Plan addresses property rights from a legal land use decision. viewpoint, describing federal and state protections and procedures for assessing and Objective 2 (Zoning): Balance property appealing takings. The Board of County rights with the responsibility to protect Commissioners believes that property rights public health, safety and general welfare are fundamental and thus adopts policies through zoning. that recognize these rights while ensuring public health, safety and general welfare. Policies: The 2020 Comprehensive Plan Update’s policies focus on property rights while 1. Adopt zoning which reflects current land protecting public health, safety and general use and expected future land use based welfare. primarily on the concerns articulated by those who own property within the GOAL: To adopt land use regulations and unincorporated area of Kootenai County. zoning that protect property rights while ensuring that public health, safety, general 2. Avoid reductions in land use intensity welfare and natural resource protection (called "down-zoning") in any County needs are met. initiated zoning map or development code text amendments, with the exceptions being Objective 1 (General): Recognize the a property owner's voluntary agreement to a fundamental importance of owners’ rights to change, or if there is a clear, useful and use and control their properties in all significant public purpose. The need for map regulations and policies and justify any and text amendments should either remedy limitations on these rights. existing nonconformities or at least not create new ones. Policies: Objective 3 (Takings): Ensure that land use 1. Determine public outlooks on property regulations are adopted and applied in a rights, public health and safety and general manner consistent with takings law. welfare. Policies: 2. Tailor land use regulations to reasonably address nuisances and other concerns related 1. Establish a process for the County to to health, safety and general welfare, while evaluate land use regulations using the Idaho respecting individual property rights. Attorney General’s Regulatory Takings Act Guidelines as a starting point but tailoring 3. Protect the rights of property owners to the evaluation tool for ease of use. the greatest extent possible by increasing the land uses permitted by right in each zone 2. Adopt land use regulations which provide and decreasing conditional and prohibited that agency exactions may only be made a land uses. condition of permit approval if they are roughly proportional, both in nature and GOALS, OBJECTIVES AND POLICIES – 2 extent, to the impact of the use to be ____________________________________ permitted. Element (c) – School Facilities 3. Endeavor to prevent the need for the and Transportation exercise of eminent domain, but when it _______________________________________ occurs, mitigate its effects through land use regulations. SUMMARY: The 2010 Plan supports ____________________________________ school districts and the expansion of educational opportunities. The Board of Element (b) – Population County Commissioners believes that school ____________________________________ districts should be notified about larger residential developments so mitigation may SUMMARY: The 2010 Plan contains be addressed. The 2020 Update’s policies numerous population statistics and support school district planning efforts and projections. The Board of County provide that the County should inform Commissioners believes that population school districts about larger residential information needs to be kept current and developments so mitigation measures may consulted while planning. The 2020 Update be discussed. calls for periodically refreshing population data so it helps guide planning. GOAL: To support school districts and other educational providers in establishing GOAL: To monitor and measure population future school sites and meeting their and settlement densities in order to project transportation needs. growth characteristics for ongoing planning purposes using all available resources. Policies: Policies: 1. Provide relevant information on proposed residential development applications with 1. Make current population, housing the appropriate impacted local school permits, development pattern and other districts. analytical data available to the Planning Commission, Board of County 2. Develop regulations which require Commissioners, regulatory agencies and the applicants for large-scale residential public annually or as needed by the developments of 50 or more residential units appropriate departments. to consult with local public school district officials at the pre-application stage. 2. Identify and document population trend changes and resulting implications and 3. Develop regulations which require large- formulate recommendations to the Board of scale residential developments of 50 or more County Commissioners for element residential units to address the mitigation of amendments, as deemed necessary by the impacts on public school facilities and Planning Commission. services. 3. Maintain a list of available sites/parcels by zone categories to help balance available sites with population growth and development. GOALS, OBJECTIVES AND POLICIES – 3 ____________________________________ ____________________________________ Element (d) – Economic Element (e) – Land Use Development ____________________________________ ____________________________________ SUMMARY: The 2010 Plan offers SUMMARY: The 2010 Plan contains many numerous and often conflicting