PROJECT OVERVIEW
Kootenai county area-wide zone change
PROJECT OVERVIEW
The intent of this area area-wide zone change also known as “rezone” is to rezone tribally owned, privately owned, or leased properties within the Coeur d’Alene Reservation boundaries to agriculture where the existing land use is compatible with the Agricultural Zoning District. The purpose of this rezone is to preserve agricultural land, timber lands, open spaces, natural resources, and the existing rural character of the southwest portion of Kootenai County. This rezone is supported by both Kootenai County and Coeur d’Alene Tribal policies. Under this proposal, parcels that qualify for a rezone must meet the following thresholds:
· Currently zoned as “Rural Zone”
· 20-acres in size or larger
· Within the boundaries of the Coeur d’Alene Reservation
· Assessor’s office recorded an agricultural or timber tax exemption in the past two tax years.
These thresholds were determined to create a list of properties that have existing land uses that are compatible with the proposed agricultural rezone. If your property meets the criteria thresholds above, your property has been identified to be rezoned in this effort. Kootenai County originally identified 209 parcels proposed for rezone, this number has increased to 217 parcels to reflect the 2022 County Assessor data and include additional tribal-owned parcels. There are a total of 217 parcels proposed for the rezone from rural to agricultural equaling 25,226.47 acres.
PROJECT APPLICANT
This rezone is a joint-lead effort by Kootenai County and the Coeur d’Alene Tribe. The project applicant is Kootenai County through authorization by the Board of County Commissioners upon request of the Coeur d’Alene Tribe.
PROJECT CONTACTS
Project Consultant:
Rachelle Bradley
Planner, SCJ Alliance
rachelle.bradley@sjcalliance.com
(509) 835-3770, ext. 344
Kootenai County Lead:
David Callahan
Director, Community Development
(208) 446-1082
Coeur d'Alene Tribe Lead:
Tyrel Stevenson
Legislative Director, Coeur d'Alene Tribe
tyrel.stevenson@cdatribe-nsn.gov
(208) 686-2065
PUBLIC COMMENT OPPORTUNITIES
· Upcoming: Virtual Open House August 18th, 2022 at 5pm via Zoom using Meeting ID: 851 7671 4224 and Passcode: 431572.
· Past: Open House on July 19th at 5:00pm at Stensgar Pavillion at Circling Raven Golf Course Worley, Idaho. We had over 100 participants.
· Public Hearing in September, date TBD.
· Kootenai County’s Intuitive Municipal Solutions (iMS) portal and search record number ORA22-0001
· Contact the project lead Rachelle Bradley at rachelle.bradley@scjalliance.com or 509-835-3770 ext. 344
PRIMARY REZONE IMPACT
The primary impact of the rezone is that subdivisions or “lot segregations” are prohibited in the Agricultural Zoning District. The prevention of subdivisions in the Agricultural Zoning District ensures open space and natural resources are preserved in Kootenai County and within tribal lands. In addition to the prohibition of subdivisions, the following differences between the Rural and Agricultural zones.
SECONDARY REZONE IMPACT
A secondary impact of the rezone will be changes to the developmental standards as set forth in Kootenai County’s Title 8 Code. As indicated in the table below, most developmental standards with either stay the same or be less restrictive. The more restrictive dimensional standards apply only when an alley is present.
PROJECT OVERVIEW (continued)
COMPREHENSIVE PLAN POLICY SUPPORT
The Kootenai County Comprehensive Plan supports this area-wide zone change. The following policies emphasize the importance of preserving the County’s rural character and fostering a rural community for unincorporated County lands.
Element (e) – Land Use
Obj. 1A (Rural Character). Foster rural and community character by encouraging open space, public resources, forestry, agriculture, and low-intensity development.
Obj. 1B (Rural Community). Foster existing rural communities and character by encouraging land uses to be consistent with existing development, voluntarily retaining open space, and allowing commercial uses that serve local residents and harmonize with these communities.
Element (e) – Land Use
Obj. 1A (Rural Character). Foster rural and community character by encouraging open space, public resources, forestry, agriculture, and low-intensity development.
Obj. 1B (Rural Community). Foster existing rural communities and character by encouraging land uses to be consistent with existing development, voluntarily retaining open space, and allowing commercial uses that serve local residents and harmonize with these communities.
FUTURE LAND USE
The proposed rezone efforts support the County’s long-term community development vision as depicted in the Future Land Use Map, which shows appropriate, suitable, or desired land uses. The Future Land Use Map depicts land in southwest Kootenai County as scenic or resource/recreation regardless of whether the land is zoned rural or agricultural. The areawide rezone from the rural zoning designation to agricultural will not change the current or future land uses and will only require a zoning map amendment.
ZONING REGULATIONS
The purpose for zoning regulations in Kootenai County is three-fold: (1) to promote the health, safety and general welfare of the County; (2) to carry out the policies of the Comprehensive Plan; and (3) to provide standards of orderly growth and development and avoid undue concentration of population and overcrowding of land. This proposal supports all three by fostering rural and community character by encouraging open space, public resources, forestry, agriculture, and low-intensity development as identified in the County’s Comprehensive Plan.
This proposal is in conjunction with the Local Land Use and Planning Act, Idaho Code § 67-6501 et seq. (LLUPA), county ordinances enacted under the authority of LLUPA, and other relevant federal and state laws and county ordinances.
TRIBAL COMPONENT
Parcels owned by the Coeur d’Alene Tribe in the reservation boundaries are included in the rezone proposal that are also currently zoned as Rural and over 20-acres in size. Tribal-owned parcels are included in the rezone proposal regardless of the agricultural or timber tax exemption status due to the tribe’s general tax exemption status. There are 74 parcels owned by the Coeur d’Alene Tribe that are included in this zone change proposal equaling 11,555.12 acres. The overall project area map includes proposed rezone parcels and differentiates tribal-owned parcels as yes-tribal.
PROJECT AREA MAPS
Frequently Asked Questions
Property owners that own parcels proposed to be rezoned to agricultural received a postcard notification in mid-April. If you are still unsure whether you received the postcard or if you are affected please visit the County’s iMS portal and refer to the Mailing List. In addition, you can contact project staff directly.
No, in general there are three basic circumstances in which a compensable taking occurs:
1) When a government action causes physical occupation of property;
2) When a government action causes physical invasion of property; and/or
3) When a government regulation effectively eliminates all economic values of the property.
This proposal does not meet any of these circumstances. The County is not proposing an action that causes physical occupation or property or physical invasion of property. The proposal also does not eliminate all economic values of the property. Per Kootenai County Code 8.2.106 there are multiple uses permitted in the agricultural zone as well as conditional uses that allow development. The zoning change from Rural to Agricultural does prohibit subdivisions, however, subdivisions are not a fundamental attribute of ownership.
In addition, a zoning ordinance that deprives an owner of the highest and best use of his land is not a “taking.” There are two methods for finding a zoning ordinance unconstitutional. First, it may be shown that it is not “substantially related to the public health, safety, or welfare.” Second, it may be shown that the “zoning ordinance precludes the use of property for any reasonable purpose” (Idaho Regulatory Takings Act Guidelines, 2020). This proposal does not preclude the use of property for any reasonable purpose. For the most part, permitted, accessory, and conditional uses in the zoning designation of “rural” are similar to the agricultural zoning designation. Both zoning designations equally prohibit commercial, industrial, or manufacturing uses. Both designations also equally require a minimum 65% open space free from structures.
Kootenai County has established exemptions to the divisions of land codified in 8.6.103 that permit subdivisions regardless of zoning designation. Divisions made pursuant to a will, testamentary trust, testamentary provision of an inter vivos trust, or other similar instrument associated with a decedent's estate are exempt from the lot consolidation process, including the prohibition in the agricultural zone. There are specific requirements identified in § F (1-4) that must be met to be able to claim the exemption.
The Kootenai County Assessor’s office assesses the market value of your property based upon the fair market value and reflects market conditions in your neighborhood. According to the Kootenai County Assessor website, if your property jumped significantly this year, it may be related to: (a) the physical inspection revealed improvements not known by the Assessor before, or; (b) your neighborhood is a ‘hot market” resulting in higher market sales data for your neighborhood. A property’s zoning designation does not influence tax assessments.
You are eligible to be included in the rezone by request even if your property does not meet the threshold criteria. Please contact Kootenai County Community Development directly to request including your parcel as part of the rezoning.
There are multiple options for providing your feedback. You can provide feedback at any time through the iMS portal and by searching for the record number ORA22-0001. There will also be an informative open house in July and a public hearing in August. Details of these events will be updated on this webpage when scheduled and notifications will be sent to property owners in the southwest Kootenai area. In addition, you can contact project staff directly at any time.
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