North Idaho Slow Growth

Research and Information

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    Resources and Information for Hayden Residents

    Jun 22, 2022

    This page was developed for Hayden residents who are concerned about recent changes to the City's Comprehensive Plan. It provides an overview of problems with the 2040 plan and links to additional information.    The problems of growth management in North Idaho are complicated and we encourage residents to keep informed.    Topics covered include:  

    1. History of Comprehensive Planning in Hayden
    2. Land Use Maps and Residential Zoning
    3. Multi Family and "By Right" Development
    4. Legal Issues Related to Comp Plans
    5. Research and Commentary 
    6. Contact Information 

     

    NOTE: We have tried to compile accurate information about a controversial subject.  Anyone who sees information on this page that they believe to be inaccurate or misleading should contact the editor, and we will make corrections or clarifications as quickly as possible.    We are also willing to link to articles that rebut or contradict these findings in our Research and Commentary section.  

     

    1) History of Comprehensive Plans in Hayden

    Idaho has required cities to enact Comprehensive Plans as guides for development since the 1970s, but the statutes governing them have gotten more complicated over time.   Over the last 20 years  the city of Hayden has grown significantly and its government has become increasingly influenced by state and federal housing, transportation, and urban growth policies.   

    This is important to understand, because the whole Comprehensive Planning process was never intended to reflect ONLY the priorities of Hayden citizens.  Comprehensive plans have been used to  integrate local, state and federal priorities into urban development nationwide and cities throughout the country are struggling with many of the same problems facing Hayden.   

    Hayden’s 2008 Comprehensive Plan was in place before Hayden's controversial 2040 Plan was enacted, so it is a good benchmark for comparison.   It provided zoning suitable for a rural-suburban Hayden, and requred Special Use Permits for all large scale (five or more units) multi-family developments.   The vast majority of residential development in Hayden has always been single family homes, even in neighborhoods zoned for "Residential Multi-family." 

    In 2019, KMPO, a federal agency overseeing urban development in Kootenai cities, provided city planners with aggressive population growth numbers and encouraged them to update their Comprehensive plans.   Unfortunately, these updates were made during Covid lockdowns so there was limited public input, and when the 2040  Comprehensive Plan was passed in May 2021 it generated immediate controversy.

    The new plan provided for significantly higher residential densities and rezoned over 1400 acres as Mixed Use to accommodate high density complexes.  Because of widespread opposition to the plan, two new Hayden city council members were elected in Nov 2021. Both spoke out against the new Comp Plan and promised to make substantial changes. Unfortunately, it has been more difficult than anticipated to make modifications to the plan and although some Mixed Use zoning has been temporarily suspended, many serious problems remain. 

    The following links are provided so that Hayden residents can review the 2008 and 2040 Comp Plans for themselves.  

     

    These articles from the NI Slow Growth Research Blog may help residents understand what Comp Plans are use for and who is behind them.

    2) Land Use Maps and Residential Zoning

    Hayden has traditionally been a suburban-rural community with a high rate of home ownership and that is reflected in the CURRENT LAND USE map.

    Hayden's CURRENT Land Use Map (ABOVE) shows existing single family parcels in yellow and Residential Multi Family parcels in Brown.  NOTE: R-MF allows for both single family and multi-family structures.   Notice that Mixed Use (Purple) and Mixed Residential (Blue) exist as categories on the CURRENT map, but very few parcels have been assigned the "new" zones.   

    Hayden's FUTURE Land Use Map (FLUM) is taken from the 2040 Comp Plan.   It shows a large amount of acreage dedicated to high density Mixed Use (Purple) development, encompassing many neighborhoods that were formerly designated R-MF.    

    NOTE:  R-MF from the previous map does not exist in the FLUM, but a new, denser multi-family zone, Mixed Residential (formerly blue, now orange) has spread beyond R-MF's original boundaries. 

    IMPORTANT:   Privately owned homes, including detached single family and townhomes are allowed in Mixed Residential areas. But, Mixed Use zoning codes only allow residential structures containing four or more units.  This means that in all new Mixed Used developments, individually platted, Owner Occupied Residences are PROHIBITED.  Over 1400 acres of Hayden are now assigned to a zoning category that only allows for rental properties and condominiums.  

     

    3) Multi-family Zoning and By Right Development

    Almost all the controversy regarding Hayden's 2040 Comp Plan has to do with multi-family zoning.  But there are various types of multi-family zoning and it is easy to misunderstand or misrepresent the situation by communicating half-truths or making false comparisons.  So to begin our discussion of a difficult topic, we will look at all available residential zoning options for both the 2008 and 2040 Comprehensive Plans.  

    The 2008 Comp Plan recognized three residential zoning codes and allowed additional multi-family/mixed use facilities in Commercial zones with a Special Use Permit:

    • Residential Suburban (RS)— Single Family, min .5 acre.
    • Residential Single Family (R1) — Single Family, min .2 acre.
    • Residential Multi-family (R-MF) —  Single Family, Duplex, Triplex, Four-plex.  Min .2 acre; max 35% lot coverage.
    • Commercial or R-MF with Special Use Permit — Apartments or Mixed Use developments, up to 20 units per acre,  Subject to City Council Approval.

     

    The 2040 Comp Plan retained RS and R1 single family zone types, but the FLUM converted most RS neighborhoods to R1, and allowing for higher density “infill”.    In addition, it abrogated R-MF and introduced two new Multi-Family zones. 

    • Mixed Residential (MR) – Single Family, Duplex, Townhome, Cottage, Min. .12 acre, max 70% lot coverage.   Allows for Condo-style zero-lot homes in corporate developments.  
    • Mixed Use (MU) — Four-plex minimum, up to 15 units per acre, up to 70% lot coverage.  Commercial on ground floor allowed, multi-building complexes allowed.  Private ownership only allowed as condominium.   By-Right Development once parcel is zoned for Mixed Use. 

     

    There are complicated issues relating to both MU and MR zoning categories, but they are of different natures.  To be brief, the major problem with Mixed Residential Zoning is that is may be used to densify existing residential neighborhoods by introducing smaller lot sizes.   It is the MR building code itself, and the conversion of existing R1 neighborhoods to MR that is controversial.  

    The major problem with Mixed Use is NOT its building code.   The problem is the PROCESS by which Mixed Use developments are approved.   The 2040 Comp Plan offers By Right approval for high density development to any and all land owners whose property is zoned for Mixed Use.  Widespread and unrestricted Mixed Use zoning removes all safeguards against over-development in Hayden, formerly provided by "Special Use Permits." 

    Comparison between R-MF and MR.   Both R-MF and MR are intended to allow for small scale multi-family structures in residential neighborhoods.  Both allow duplexes and triplexes, but MR also allows for townhomes and cottages on privately platted lots.  More importantly, MR allows for smaller lots, higher densities, and townhomes with up to 70% lot coverage.  In the FLUM, MR is used, not only as a replacement for some R-MF neighborhoods, but also in areas formerly zoned R1. This is to allow higher density development in neighborhoods with undeveloped or oversized parcels. 

    Mixed Use and By Right Development.   In the 2008 Plan, there was no zoning code specific to high density apartments or Mixed Use, but there were two methods by which property owners could build such structures: 1) Plan Unit Development agreements, and 2) Special Use Permits in Commercial Zones. Most existing apartments in Hayden were developed using these processes. 

    The problem with Special Use Permits, from the point of view of property owners, is that they require a public hearing and City Council Approval.  Property that has been rezoned Mixed Use, on the other hand, can be developed "By Right" without a discretionary approval process, as long as developers conform to building codes.   

    Developers who own property in areas that have been designated Mixed Use in the FLUM have to go through a rezoning process that requires a public hearing, but they do not need to disclose plans for future development. Once their parcel has been rezoned, no further approval is required, and in most cases the P/Z commission is bound to grant a rezone unless “objective” reasons for denial are put forth.  And according to Idaho law, public opposition is NOT an "objective" reason to curtail development.

    In other words, replacing "Special Use Permits, " which require public hearings on specific developments, with "By Right"  Mixed Use  building codes, put developers and land owners squarely in the drivers seat and make it far more difficult for Hayden citizens to prevent the "over-building" of Hayden.   THIS IS INTENTIONAL.  In "Smart Growth" jargon, this transfer of power from citizens to stakeholders is known as "Making development decisions predictable, fair, and cost effective."  

    Providing developers with a path to "By Right" development of Multi-family complexes is the true purpose of the Mixed Use zoning code.   It is the PROCESS, not the specifics of the code itself, that is a problem. 

    4)  Legal Issues Related to Comp Plans

    The legal issues related to Comprehensive Plans are complicated and difficult.  Many Hayden residents do not understand why the City Council, which is supposedly in favor of reigning in "out of control" growth, has not acted more quickly.  Legal Issues are a HUGE reason why.

    First, it is important to understand that it is the Federal Government that is pushing for the creation of Comprehensive Plans and "smart growth."   The push to densify existing urban areas is Nation Wide.  City planners are not  allowed to start the planning process with a blank slate.  They are required to follow a prescribed formula and to consider state and federal laws and priorities, and use data supplied by federal agencies as a basis for projecting future growth.

    Second, Hayden city officials are accustomed to working with land owners and developers.  Local "stakeholders" had a great deal of influence on the 2040 Plan and they are generally in favor high density multi-family development.  The push for densification is coming from both state and federal agencies outside Hayden, and from influential land owners within.   

    Third, both local developers and the federal government have armies of lawyers, who may sue, or create problems for the city if Hayden doesn't behave according to their wishes. City officials are aware of the legal and professional consequences of standing up to government agencies and wealthy "stakeholders".    Neither the city administrators, nor the city lawyers want to take the chance of getting sued if they attempt to modify the city's Comp Plan according to the wishes of actual residents. 

    The following video shows Hayden's City attorney explaining to Council Member Sandy White why she is not allowed to attend the July 9th town hall, or discuss the rezoning of Residential Multi-Family parcels with her constituents.     It is from the June 14 Hayden city council meeting and the clip of interest is at time stamp [1:34].   The video provides a good example of the kind of pressure Hayden representatives are under and why it is difficult for them to initiate necessary changes.   

    https://www.youtube.com/watch?v=ZUnyyhO8pR4&t=5640s

    Hayden Residents do not like to hear this.  It sounds like legal blackmail.  But it is necessary to understand what Hayden citizens who seek to improve the Comp Plan  are up against. Nothing good will happen unless area residents inform themselves about these issues and make their preferences known.  Only sustained public pressure can counteract the legal and economic forces arrayed against Hayden.    Contact Information is provided below. 

     

    5) Research and Commentary

    Unfortunately, Hayden's current zoning and development regulations are complicated, and sometimes reading the "fine print" is necessary to understand what is going on.    Pro-growth investors, attorneys, and developers know that when the common man does not understand what they are upto, they will meet with little resistance. Complicated zoning codes are intimidating and confusing, and therefore favor investors and developers over residents and small business owners. 

    Our research and commentary section include a more detailed analysis of the Hayden's plans for densification.  Most articles just cover a single subject, and were written to help Kootenai residents understand how densification will affect their community, so that they may work effectively to resist it. 

    Save Hayden — A group of concerned Hayden area residents is trying to organize activists to oppose the densification of our community.    Their website has links to the actual zoning regulations (past and present) as well as several articles that explain what these zoning regulations mean for the citizens of Hayden.   

    • MR Density Limits are Unenforceable — Focuses specifically on problems with the new medium density "Mixed Residential" code, and compares MR and R-MF claims. 
    • Understanding Claims about Density — Gives a broader introduction to density claims, and explains why High densities are so problematic for Hayden. 
    • How Hayden Residents Lost their Voice — Discusses the problems with "By Right" development of Multi-family residents, and how the new zoning code denies citizens a meaningful voice in limiting the densification of their community. 

     

    North Idaho Slow Growth Research (a.k.a SLOG BLOG) — The NISGR website was created in 2022 to publish in depth research relating to housing and development in Kootenai County.  The Slog  Blog is strongly in favor of HOME OWNERSHIP opportunities, and opposes policies that favor multi-family development.  

     

    Editorials from Concerned Citizens of Hayden

    • Densifying Hayden Will Intensify Problems — Letter by a Hayden council member who opposes rapid growth encourages citizens to get involved in saving their community. (M. Roetter, June 2021)
    • Hayden Get a Grip on Growth  — Article by a former Hayden council member lamenting  the revised comprehensive plan that upzones existing neighborhoods and accommodates immoderate growth.  (N. Lowery, Oct 2021) 

     

    6)  Contact Information

    City of Hayden Contact Info

    The City of Hayden Website, especially the "Imagine Hayden" page, contains a great deal of information about the Comprehensive Plan, and Planning process.

     

    City of Hayden Elected Representatives

     

    Community Organizations Opposing Densification

    Hayden community members are actively organizing in order to be more effective in reforming or repealing the 2040 Comprehensive Plan.   However, for legal reasons, this effort cannot be led by Hayden administrators or elected representatives.    The group calls itself "Save Hayden" and can be reached at   savehayden@proton.me

    The Save Hayden website has more up to date information. 

    Only a sustained, grass-root efforts can Protect Hayden from irresponsible, out-of-control development. 

     

     

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