A: PROPERTY RIGHTS
AN ANALYSIS OF
PROVISIONS WHICH
CHAPTER 80,
TITLE 67,
There exists a comprehensive code of zoning ordinances. There is provided by Chapter 65 of Title 67 Idaho Code, a due process procedure including provisions for public hearings to determine proper limitations on land use.
At the date of the adoption of this plan these zoning ordinances have been in effect since their adoption with only minor amendments.
Zoning ordinances need to be periodically reviewed and the permitted uses need to be adjusted to keep up with current needs. New zone classifications need to be created to address the nature and use of property to be annexed. The use of special use permits needs to be systematically applied to soften the transition of permitted activities and uses from zone to zone.
Additional procedures need to be adopted to more clearly define the steps to be followed by citizens in their specific requests for land use authorization.
B.
POPULATION
A POPULATION
ANALYSIS OF PAST, PRESENT,
Official population statistics obtained from the Idaho Department of Commerce for the period of 1969 – 2007 are attached hereto marked as Appendix A-Population.
The population history of the city has been relatively stable, remaining generally between 600 and 700 residents as indicated by the data obtained from the Idaho Department of Commerce. Current conditions would indicate that growth rate will continue consistent with that shown to date.
C. SCHOOL
FACILITIES
AN ANALYSIS OF
PUBLIC SCHOOL CAPACITY
The city and the entire county are served by a single school
district,
The district maintains a fleet of buses that meet state safety
requirements for the transportation of students within the city limits as
required by the state.
Goal: In the future zoning and the development of the streets, water, sewer, electric and other utilities, the city will consider need of the district to expand existing facilities and/or construct additional facilities on the district’s existing property outside the city limits, but in close proximity to the city, to accommodate increased enrollment as the area within the city limits may grow.
D:
ECONOMIC DEVELOPMENT
AN ANALYSIS OF
THE ECONOMIC BASE OF THE
The City of Moyie Springs has
historically been dependent on the timber and agricultural products industries.
Reliance on these industries has meant that the economy of Moyie Springs
has experienced fluctuations coinciding with fluctuations in those industries.
Maintenance of that basic industrial core is of vital importance to the
community. At the same time,
community leaders must recognize the need to welcome additional industrial
development of an appropriate type and kind.
At present, the primary source of real income in the community is the
natural resource income from the land surrounding the community and the retail
trade that activity generates.
Community leaders should remain vigilant in their protection of this fundamental
economic base.
The city surrounds a major timber processing plant (mill) located in the
industrial center of the city. This
mill predates the local land use planning act of 1975.
The neighborhoods are suited to this industrial purpose including smaller
timber based manufacturing businesses developed in the near proximity
surrounding the mill. The city has
historically enjoyed a favorable relationship with the mill, enabling the city
to establish a better water district system and city administration facilities
than would have been possible without the assistance and cooperation of the
mill.
The City of Moyie Springs should encourage economic development that will
enhance the overall economic stability of the Moyie Springs area by emphasizing
existing industrial and retail activity while encouraging new development which
complements the existing base.
POLICIES:
1.
Encourage new businesses to locate in Moyie Springs that will expand job
opportunities for the community at large.
2.
Zone areas that have potential for business development in such a manner
that they can be used for commercial and industrial development while
maintaining adjoining land use interests.
3.
Encourage business establishments that will promote the City of Moyie
Springs and the surrounding area.
4.
Work for the expansion and growth of existing businesses to enhance
employment and property values to provide better support for existing public
services.
5.
Support emphasis in manufacturing and processing of local materials and
crops.
6.
Tourism should be promoted as a stimulus to economic development.
This will provide employment and a variety of industries will thereby
benefit.
E.
AN ANALYSIS OF
NATURAL
Land use patterns in Moyie Springs are not unusual for a community
its size. The city lies upon the plateau of the Moyie and
Within the area of impact, there are existing farmlands interspersed with
residential areas.
A U.S. Post Office is maintained with in the city limits.
It is the intent of the Plan to provide general guidance respecting the relationship between proposed land uses and existing land uses, available public services, and public responsibilities assigned to the City of Moyie Springs. It is not the intention of this Plan to become a super-restrictive covenant, but it is to provide a vehicle for resolving all differences among neighboring land uses resulting in a natural progression from one use to the next. The civil courts remain the appropriate remedy for resolving disputes concerning appropriate activities. Nothing in the Plan should be construed as establishing an obligation for the city to provide additional public services and it should not be considered, in any way, to prohibit the allocation of public funds as a result of development activity.
Land Use Goal - 1.
To meet Federal and State standards for the protection of human health and safety, while maintaining the vitality of the local economy through preservation of the quality of land, air and water within the city.
Policies:
The long-term capability of land, air, and water resources to sustain human activity should be a significant factor in land use decisions. Decisions which threaten the quality of water or which impede air quality where human habitation is expected should be carefully monitored and impacts minimized in order to protect the public health and well-being.
Land Use Goal - 2.
Land use decisions should consider the availability of utility services. Developments in areas not presently served by sewage treatment should be required to install dry sewer systems to facilitate later hook-ups to the municipal system. If developments in these areas pose an immediate threat to water quality, “no sewer” should mean “no development” at the present time. Developers may also be called upon to install lift stations or other methods of conveyance of sewage to allow water quality to be preserved. Sewer hook-up policies should reflect the long-term cost to the City and may include hook-up fees and cost allocation methods to minimize the burdens of growth on existing city residents.
Land Use Goal – 3.
Land use in areas subject to perennial seasonal high water should be limited to agricultural use or public recreation. Recognition should be given to flood plain mapping, completed by the United States Department of Housing and Urban Development. Individuals wishing to contest the mapping for the flood plains should be allowed to do so with competent engineering information. Nothing in this plan should be construed to limit the rights of owners to develop their land in accordance with sound engineering principles so long as development plans do not compromise flood protection for the community or increase the likelihood of flood conditions on other private lands. The burden of proving so rests with the developer.
Land Use Goal – 4.
Safe domestic water supply should be made available to all residents of the City of Moyie Springs, with users responsible for paying for the extension or other system improvements necessary to serve their use. General rate payers should not bear the obligation to provide service to new users in areas not currently served by the City system. Federally mandated drinking water quality standards can best be met by universal public water system availability. Propriety of proposed land uses should be influenced by the ready availability of public water supply.
Land Use Goal – 5.
Buffers between uses that generate noises, odor, dust, light, etc., and other incompatible uses should be provided through both zoning and subdivision ordinances. Special use permits should be used appropriately and as necessary to create a soft transition and blend from one zone to another. Policies that apply judgment to the manner and location of development of special uses that may have particularly significant consequences should be consistently applied.
Land Use Goal – 6.
Area of City Impact authority which is provided by 67-6526 of the Idaho
Code has been negotiated with
Land Use Goal – 7.
Air pollution considerations should be taken into account in overall land use decisions and the quality of air in the City should be protected by approval of air quality appropriate industrial and commercial land uses, whether located in the City or not. All such considerations should be made in light of the need for economic vitality of the community and the surrounding areas.
Land Use Goal – 8.
Policies and dealings with individual development requests should reflect the long-term well-being of the utility capacity and budget availability of the City. Particular attention should be paid to maintaining adequate capital for utility replacement and for expansion where appropriate. This Plan recommends that additional costs engendered by new developments should be born by those most directly benefited.
Land Use Goal – 9.
The physical development of the City of Moyie Springs should be accomplished by rational land use decisions made in accordance with legally required procedures.
Policies:
1. Land use decisions should be based upon properly developed findings of fact and conclusions of law as required by state law. Efforts should be made to determine the full array of effects of any land use decisions. Decisions should be based upon facts in the record or generally known by the public at large.
2. The entire Comprehensive Plan should serve as a guide for development. No single component should dominate or overshadow any other, except as given priority by the general goals within the Plan itself.
3. The Comprehensive Plan and land use regulations should be monitored continually and updated when necessary to reflect current community goals and values, or when an activity calling for changes becomes pronounced. The Plan should not be changed on a mere whim, but it should recognize shifting currents in the local economy, local trends in land use and community and social effects of community development.
4. Zoning and subdivision regulations should be prepared, or existing regulations modified, to implement the policies set forth in the Comprehensive Plan.
5. In order to achieve the goals established by the Local Planning Act and by the Plan, comments should be received from citizens at every level of the land use decision-making continuum in accordance with the provisions of the Local Planning Act as often as necessary to provide a sense of public opinion to the City’s elected officials.
6. The activities presently existing within each area should be reviewed and each area rezoned to fit the activity, and if necessary, new zone classifications should be created. If this is not determined to be appropriate, then consideration should be given to requiring compliance with existing zoning requirements.
Land Use Goal – 10.
The City of Moyie Springs should encourage, but not be limited to,
development of land within corporate limits prior to annexation of undeveloped
fringe areas. Lands developed on
the fringe for eventual annexation should meet City development standards from
the outset. There should not be a
significant advantage to developing outside the community.
Cooperation with
Policies:
1.
Areas proposed for annexation should be considered only if they are
contiguous to the corporate limits of the City of Moyie Springs and meet all
other legal criteria set forth in
2. Annexation should occur after determination has been made that the City can provide those public services necessary to promote the health, safety, and general welfare of the citizens of Moyie Springs and of the citizens in the newly annexed area. Consideration of fiscal impacts and effects on services should be evaluated at the time annexation is requested. Any possible deficits in service provision or substantial costs may be factored into any approval of an annexation request. Annexation agreements may be a method for mitigating the effects of growth by annexation.
3. Development standards adjacent to the municipality’s corporate limits should conform to City regulations to assure that the physical plans developed will properly integrate and that City services can be provided with a minimal need for retrofit.
4. Annexation of new areas into the City should be accompanied concurrently by appropriate land use plans and application of zoning designations for the annexed area. Such plans should be consistent with the physical characteristics of the land and the service capabilities of the City. A funded program of mitigation by those requesting annexation is a possible alternative to strict concurrency.
5. The area of impact should be analyzed as to the existing and probable suitable uses. This conclusion should be embodied in a report to serve as a guide to staff and property owners in considering probable zone classifications to be assigned in the event of annexation.
F.
NATURAL RESOURCES
AN ANALYSIS OF
THE USES OF RIVERS
As its name “Moyie Springs” suggests, the city originates around a spring
that served as a public water source location for the early north/south trade
routes. The city is bordered by the
The river is an asset that the city should preserve and develop to enhance the natural attractiveness of the city. Land outside the city’s jurisdiction in the surrounding area is a combination of mountains, streams, and rich farmland. These resources lend themselves to both recreational, agricultural and timber opportunities. These areas are abundantly populated with birds, fish and wild game that create ample recreational opportunities for the residents of the city and surrounding region.
The area surrounding the city provides a home to an extraordinarily high number of species listed as endangered or other classifications which are protected under federal law. Although this creates an attractive environment to visit, it creates conflict with the natural and historical economic opportunities of the timber and agricultural industries.
Goal #1.
The city should exercise its authority and seek funding as available to
maximize the natural beauty and opportunities provided by the river.
Goal #2. The city needs to exercise its influence with the appropriate federal, state, county, and tribal agencies to preserve, maintain, and develop the economic and recreational opportunities these natural resources provide the area.
Goal #3. In both the areas of city jurisdiction and the adjoining region outside the city’s jurisdiction, the city will need to maintain a healthy economy to sustain the local farming and timber industries and at the same time maintain the quality of life and environment for which the region is naturally suited.
Goal #2 and #3 will be a balancing of the sometimes conflicting demands of industry and ecology, the wishes and needs of the local population, and federal laws and regulations.
G.
HAZARDOUS AREAS
AN ANALYSIS OF
KNOWN HAZARDS AS
Goal: To develop
emergency evacuation procedures and contingencies in the unlikely event of a
failure of the dams on the Kootenai River at Libby, Montana and the Moyie River
immediately upriver of the of the City limits.
Goal: To develop alternate transportation routes to by-pass the at risk areas until more effective corrections can be made to protect this transportation route from obstruction.
Goal: Ordinances need to be written to address building construction on unstable slopes.
Goal: The city has a
manmade hazard in that a railroad, the Burlington Northern Santa Fe Railroad
passes through the city. Also, U.S.
2, a primary highway for commerce between
Goal:
In close proximity to the City boundaries is a major natural gas
pipeline, which poses a risk to persons and property nearby.
Goal: These risks need to be addressed by maintenance of adequate contingency plans in the event of an emergency and continuation of training of personnel to deal with emergencies arising from such risk.
H.
PUBLIC SERVICES, FACILITIES
AN ANALYSIS
SHOWING GENERAL PLANS FOR SEWAGE, DRAINAGE, POWER PLANT SITES, UTILITY
TRANSMISSION CORRIDORS, WATER
SUPPLY,
The city is a full service city providing water, sewer and fire protection.
WATER
The water system originates at a series of deep water wells within the city. Service is limited to property within the city.
Goal #1: The water system is reaching capacity and a comprehensive study has been made and procedures implemented to address the future demands upon the system are being established.
Goal #2: To study and develop means and methods of providing equality in both the quality and cost of service to the consumers.
SEWER
The city's sewer system roughly corresponds to and parallels the city's water system and only serves the downtown portion of Moyie Springs. The sewer is also reaching capacity and the same limitations, studies, plans, goals and policies stated as to the water should be applied to the sewer.
POWER PLANT
SITES
Providing services for power, telephone and natural gas are the City of
Goal #1: It is the goal of the city to own or enable utilities that provide the best benefit to its citizens, safely and at an affordable cost.
The city has a fire station with a good quality, but aging, fleet of fire trucks. The department is operated by a trained volunteer department and the less expensive items of equipment have been periodically updated.
I.
TRANSPORTATION
AN ANALYSIS,
PREPARED IN COORDINATION WITH THE LOCAL JURISDICTION(S) HAVING AUTHORITY OVER
THE PUBLIC HIGHWAYS
The city is divided in a east/west direction by Highway 2 and one major railroad - the Union Pacific. (This issue is also addressed in several preceding sections including section G.) The highway is subject to the control of the Idaho State Department of Transportation, which is responsible for maintaining traffic control devices and speed limits.
Likewise, the railroad line bisecting the city is controlled by the railroad company and federal regulation. Again, like the highway, although it benefits the community for the transportation of goods and creation of jobs, it is disruptive to the street and utility systems within the city.
Finally, no comprehensive map or system of maps of the city's streets, right of ways and utility infrastructure exists.
Goal #1: Plan for future railroad crossing requirements, i.e. traffic and utilities.
Goal #2: Development of alternative routes to avoid the obstruction of transportation and resulting economic loss of safety concerns.
Policy: Review and prioritize the development of alternative routes in conjunction with local county authorities as necessary.
Goal #3: Develop a comprehensive inventory and map of all rights of way and infrastructure.
Policy: Establish first a priority to develop such for these facilities as they not exist, and when completed, periodically review and update as necessary.
Policy: Periodically review and update zoning ordinances and set back requirements to meet new and changing circumstances.
J.
RECREATION
AN ANALYSIS
SHOWING A SYSTEM OF RECREATION AREAS, INCLUDING PARKS, PARKWAYS, TRAILWAYS,
RIVER BANK GREENBELTS, BEACHES, PLAYGROUNDS,
The city is located in an area rich in recreational opportunities. Within a thirty mile radius, opportunities abound for fishing, hunting, water sports, camping, snowmobiling, skiing and many other outdoor activities.
Goal #1: To maintain existing facilities within the city at their optimum condition and their availability to as broad a cross section of the population and visitors as possible.
Goal #2: To be mindful of the potential of the natural characteristics of the public land within the city for development for recreational purposes.
Policy #1 It is the policy of the city to recognize and develop both the natural and manmade recreational opportunities within its authority. Recognizing that in doing so, it has contributed to the physical, mental and economic well-being of the citizens. Further recognizing that by virtue of its natural surrounding and recreational opportunities, the city has a competitive advantage to attract economic activity.
Policy #2: By its zoning, encourage the development of private recreational facilities.
K.
SPECIAL AREAS OR SITES
AN ANALYSIS OF AREAS, SITES, OR STRUCTURES OF HISTORICAL,
ARCHEOLOGICAL, ARCHITECTURAL, ECOLOGICAL, WILDLIFE, OR SCENIC SIGNIFICANCE.
As with recreation, the city, both within its boundaries and the adjoining region, has many special areas and sites. This natural characteristic of location lends itself to cooperative ventures with regional organizations and entities to maximize the quality of life and economic benefits.
Recognizing the authority of the city is limited regarding the special areas and sites. The city must influence state and federal agencies to follow a course that will help to maintain a sound economy and quality of life to benefit the residents of the city. The city must recognize and encourage the development and use of these special areas or sites for the economic benefit and enjoyment of its residents.
L.
HOUSING
AN ANALYSIS OF HOUSING CONDITIONS
Considering the longevity of the city and its modest, but steady, growth rate, it encompasses all types and kinds of housing and housing areas. Ordinances have been updated to accommodate recent legislation for mobile homes. There is a growing need for areas for new middle and upper middle class housing. The undeveloped areas most conducive to such are in the area of impact surrounding the city.
The city has adopted the Uniform Building Code, but does not inspect construction, Inspections required for electric and plumbing are provided by state agencies. In the case of natural gas, the utility provider is required by state and federal law to inspect.
POLICIES:
1. Clean, safe and sanitary housing with a suitable living environment should be available to all citizens through a combination of protection of private property rights by private landowners and a measure of public support for the community interest through zoning ordinance provisions and related land use regulations.
2. The city should cooperate with and encourage private efforts to provide adequate housing. This can best be accomplished by avoiding the erection of barriers to providing housing and development of land for all types of housing.
3. Developers should assist the community with development of public facilities or providing significant buffering from incompatible uses to minimize the cost impact upon public funds.
4. When extension of utilities is required to serve new housing developments, the cost and installation of those extensions should be the responsibility of the developer. General public support should only be provided when a definable public benefit can be achieved.
5. Sewage disposal should be provided for in accordance with standards set by the city in conjunction with the Panhandle Health District and Idaho Health and Welfare - Department of Environmental Quality. In areas where public sewage disposal is not available, a dry system or other collection system which would eventually connect to the public system should be provided by developers in order to ease future connection to a public system. Developers of projects may be called upon to provide either installation of necessary improvements, or payment of funds in lieu of such installation in order to facilitate future connection. Any individual systems allowed within the community should be installed in such a manner that eventual public sewage service can be provided with minimal cost to the city and impact upon the homeowners to meet performance standards set by the ordinance may be conditionally allowed where the zoning district allows conditional use applications.
6. It is the policy of the community to recognize that manufactured housing has a place in today's housing market as a source of decent and safe shelter. At the same time, the community requires that housing of this type conform to acceptable community design standards so that it will be compatible with its surroundings and help sustain property values of conventional site-built homes.
M.
COMMUNITY DESIGN
AN ANALYSIS OF NEEDS FOR GOVERNING LANDSCAPING, BUILDING DESIGN,
The city has limited resources beyond the land upon which the municipal facilities are located, to enhance the appearance of the city. The city is in the process of developing and beautifying the grounds upon which the city administration facilities are presently located.
N.
AGRICULTURE
AN ANALYSIS OF THE AGRICULTURAL BASE OF THE
Although the City is located in a rural area and to the west a few miles is rich farmland, the area within the city limits is not generally conducive to being used for commercial farming. The area is primarily an area conducive to being a support to the timber industry.
O.
IMPLEMENTATION
AN ANALYSIS TO DETERMINE ACTIONS, PROGRAMS, BUDGETS, ORDINANCES, OR OTHER
METHODS INCLUDING SCHEDULING OF PUBLIC EXPENDITURES TO PROVIDE FOR THE TIMELY
EXECUTION OF THE VARIOUS COMPONENTS OF THE
The various sections of this plan establish goals and policies to follow as a guideline to accomplish the goals and purposes stated.
Zoning ordinances need to be periodically reviewed and amended to meet changing needs and conditions.
Grant funding needs to be regularly pursued.
The Planning and Zoning Commission, at its regular meetings, should establish priority projects to meet the goal stated herein.
It is specifically intended that this plan be interpreted to be
consistent with presently existing land use regulations and the ordinances of
the city. However, it has been
repeated throughout the plan that this is a guide, and it is the intent purpose
of the city in the adoption of this plan that both the plan and the ordinances
of the City of Moyie Springs are living instruments ever changing to meet
changing needs and circumstances.
P.
NATIONAL INTEREST ELECTRIC TRANSMISSION CORRIDORS
AFTER NOTIFICATION BY THE PUBLIC
UTILITIES COMMISSION CONCERNING THE LIKELIHOOD OF A FEDERALLY DESIGNATED
NATIONAL INTEREST ELECTRIC TRANSMISSION CORRIDOR, PREPARE AN ANALYSIS SHOWING
THE EXISTING LOCATION
There is only one transmission line as identified voltages located
inside of the City of Moyie Springs’ municipal boundaries.
It is owned by the City of
At this time we do not know of any other proposed transmission line(s) in the City of Moyie Springs.
As of
As of September, 2012, based upon inquires of electric power providers there are no existing power corridors meeting these descriptions.