Land-use proposal goes to another hearing

COEUR d’ALENE — Stakeholders of a proposed new county land-use classification for resort lodges, conference centers and guest ranches will have another chance to share thoughts on the proposal.

At 6 p.m. on Feb. 22 at the Kootenai County Administration Building, commissioners will reopen the public hearing on the land use that would be allowed in a commercial zone and with a conditional-use permit in agriculture, agricultural suburban, rural and restricted residential zones.

"I was not comfortable with some of the language being proposed, so I felt that we should re-notice it and open it up to public testimony again so we can get more input," said Commissioner David Stewart, referring to the decision to reopen the public hearing.

The commissioners unanimously voted on Thursday night to reopen the public hearing. More than 50 people attended the meeting, which was scheduled so commissioners could start their deliberations on the proposal.

The new classification would be defined as "a facility, including a lodge and/or resort cabins, and other supporting ancillary buildings, with or without food service, that serves as a destination point for patrons and that relies on its rural location and the natural environment to provide recreational opportunities and activities such as horseback riding, hiking, fishing and boating.

"If customarily incidental to the use, these facilities may also be used for meeting, recreation, education and wedding and reception facilities."

Stewart said he felt comfortable reopening the public hearing after county attorney Pat Braden recommended doing so due to language changes made by staff in the proposal.

"(Braden's opinion) sealed the deal for me," Stewart said.

Stewart said he doesn't believe a critical balance to creating the new land-use classification has been struck.

"What we're doing is creating more regulation that people have to work within," he said. "Where do you find that balance between wordsmithing it enough so that it is functional yet there's still protections to neighbors of the property? I don't believe we are at that balance, and that's why I'd like more public input. But I do believe this is something that needs to be dealt with."

Stewart said there's both support and opposition to the proposal.

"Some people believe that we do need to do something like this, that more separation from the current codes is needed because the community is changing," he said. "Others don't want change and more regulations."

Stewart said he believes weddings should be dealt with on their own.

"They're a different animal," he said.

If a new category is adopted, there will have to be a mechanism to deal with nuisances in rural and residential zones.

Stewart said, if a landowner applies for a conditional-use permit, which is currently required to build such facilities, the county has more control over conditions it wants landowners to follow. However, he said banks won't lend money to businesses that operate under conditional-use permits.

David Callahan, the county’s community development director, supports the concept of a new classification.

The Planning Commission held a public hearing on Oct. 15, then voted on Oct. 22 to forward the proposal to county commissioners with no recommendation.

The commissioners held a public hearing on Dec. 10 then decided on Thursday to reopen the public hearing on Feb. 22.

"The general consensus is that people would want another turn at the microphone (due to proposed language changes to the proposal)," Green said.

During the public hearing in December, 58 people commented, including 44 who opposed the change.