County OKs new subdivision rules

Building on steep hillsides and next to shorelines just got more restrictive in Kootenai County with Wednesday’s adoption of new subdivision rules.

After three years of work, the Kootenai County Commission unanimously passed the rules for how land is divided and developed in the county. But the commission isn’t done with revisions to the zoning laws, which work together with the subdivision rules, and will hold another public hearing perhaps in late January.

The commission had hoped to get both revisions completed by 2005, when Commissioner-elect Katie Brodie replaces Commission Chairman Dick Panabaker.

During its morning meeting, the commission also rejected a proposal by the Seventh-day Adventist Church to nearly double the capacity of Camp MiVoden on Hayden Lake.

The commissioners said the process for reworking the subdivision rules was grueling but worth the time. And they commended a citizen’s advisory group, which the commission initially hesitated to appoint, for helping work out many contentious issues in both the subdivision and zoning laws.

“This has been a long, tough struggle,” Panabaker said. “I want to thank you for your patience.”

The new subdivision rules put more restrictions on developing on hillsides that are steeper than 35 percent but don’t altogether prevent building. And the rules stop people from building within 75 feet of streams. Along lakes and the Spokane and Coeur d’Alene rivers, the buffer zone is 45 feet from the shoreline. The previous rules restricted building within 25 feet of all major streams and lakes.

County Planning Director Rand Wichman said the stream protections only apply to lots created after the passage of the new subdivision rules.

Some environmental and conservation groups wanted the 75-foot setback to apply to lakes and Coeur d’Alene and Spokane rivers, but said overall the new subdivision law is workable.

“It’s a good positive step forward,” said Carol Sebastian of Kootenai Environmental Alliance who participated in the advisory committee. “We were pleased to see most of the recommendations that protect the environment and natural resources included.”

The new rules also have more protections for wetlands and sensitive areas.

The commission adopted new changes to the zoning rules but want to add a new section that would require a planned unit development to have a minimum of 35 lots. Because the change is so significant, the commission must have another public hearing.

Currently there is no minimum for how many homes must be in a PUD, which allows developers to ask for variances to certain county requirements, giving them more flexibility with a housing development’s layout. Commissioner Gus Johnson said smaller subdivisions don’t need that flexibility.

Even though the zoning draft isn’t complete, the commission indicated it liked the advisory committee’s recommendation to allow people to build one home per two acres in agricultural/suburban areas that are a transition between rural and more populated areas.

The commissioners said they don’t like language in the PUD rule that would allow developers to not only ask for variances to some county requirements but entirely waive some requirements.

Johnson said those standards are put in place for a reason and that waiving them for any reason is unacceptable.

The commission also wants to remove a part of the proposal that would require the county planning department to visit every proposed site.

In other county news, Camp MiVoden officials said they would resubmit plans for its proposed expansion within a few days. The commission unanimously voted against the proposal to allow for 440 campers.

The commission said camp officials didn’t provide enough information and questions still remain about where the new cabins would be located, the sewer system and the slips for recreational vehicles.

The controversial proposal drew more than 1,300 public comments.

Camp Director Richard Parker said all the information was presented but the commission chose to listen to the vocal opposition.

“There were a large number of people, who are very well organized, feeding (the commission) a lot of misinformation and not allowing the record to be seen clearly,” Parker said. “This is for the kids. We are going to do this for the kids.”