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Designs on stopping legislation

by JEFF SELLE/Staff writer
| March 1, 2014 8:00 PM

COEUR d'ALENE - Legislation that would prohibit local governments from requiring aesthetic building design standards is sailing through the Legislature, but the city of Coeur d'Alene is hoping local legislators will stop it in the Senate.

House Bill 480, which is sponsored by Rep. Ed Morse, R-Hayden, would amend two code sections in the state's Local Planning Act.

The first amendment will restrict local government's use of design standards for aesthetics and beautification, making those requirements voluntary only.

The second amendment would restrict local government's authority for aesthetic design to surface finishes only, and does not grant the authority to require structural design modifications for commercial and industrial buildings.

The bill passed the House of Representatives 50-17 Monday, with all of the North Idaho legislators voting in favor of the bill except for Rep. Eric Anderson, R-Priest Lake, who was absent during the vote.

Mayor Steve Widmyer said he met with the city's Interim Planning Director Warren Wilson, who has reviewed the legislation and determined that, if passed, the legislation could force the city to completely rewrite its zoning ordinances.

"This could cost the city tens of thousands of dollars. We are talking upward of $100,000 to rewrite those design standards," Widmyer said, adding the way the legislation is worded, the revision process would be complicated.

"It's not so simple," He said. "You just can't open it up and remove those standards because legislation isn't specific enough."

Keith Erickson, spokesman for the city, said the city sent a letter to the House prior to that vote, and now it has drafted another letter it plans to send to the Senate's Local Government and Taxation Committee members.

In that draft letter, the city explains its opposition to the legislation, and says revamping the city's code would likely be expensive.

"House Bill 480 would strip cities of most design review authority and result in a significant burden to taxpayers in Coeur d'Alene and, we believe, across the state," the draft letter said. "The city of Coeur d'Alene has spent tens of thousands of dollars over the years revising our zoning standards to allow for increased intensity in exchange for design considerations to protect the surrounding property owners."

The draft letter goes on to say the bill would require the city to revise all of its commercial zones and other impacted zones to remove the design elements, and explained that the city would likely have to reduce the increased intensity developers currently enjoy to preserve the balance between rights of the developer and rights of their neighbors.

"This will take a significant amount of time and money and will likely result in permitting delays and confusion in an economy that is just beginning to turn around," the letter said.

Rep. Morse could not be reached for comment Friday afternoon.