MINUTE ORDER BONNER COUNTY COMMISSIONERS PUBLIC HEARING MINUTES AUGUST 6, 2015

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1 MINUTE ORDER BONNER COUNTY COMMISSIONERS PUBLIC HEARING MINUTES AUGUST 6, 2015 CALL TO ORDER: Chair Cary Kelly called the Bonner County Commissioners hearing to order at 1:00 p.m. in the 3rd floor meeting room, Suite 338 of the Bonner County Administration Building, 1500 Highway 2, Sandpoint, Idaho. PRESENT: ABSENT: Commissioners Chair Cary Kelly; Vice Chair Glen Bailey; and Todd Sudick None ALSO PRESENT: Planning Director Clare Marley, AICP; Senior Planner II Dan Carlson, AICP; Planning Secretary Jeannie Welter PUBLIC HEARING: PRELIMINARY PLAT CALL FOR VISUAL, HEARING OR OTHER IMPAIRMENT REQUIRING ASSISTANCE: The Chair asked whether anyone needed special assistance to hear, see or participate in these proceedings. Hearing no response, the Chair continued with the public hearing. 1:15 p.m. S Preliminary Plat Knight s Cross Martin A. & Sylvia Zehnter are requesting approval for the subdivision of 38 acres zoned Rural 5 into five single-family residential lots. The subject property is located on Clagstone Road in Section 35, Township 54 North, Range 4 West, Boise Meridian. The Bonner County Planning and Zoning Commission at its public hearing on July 9, 2015, recommended approval of this application to the Board of County Commissioners. CONFLICT OF INTEREST/DISCLOSURE DECLARATIONS: The Chair requested the Commissioners declare any conflicts of interest or disclosures. Commissioner Bailey stated he is a longtime friend of the applicants but this does not create a conflict. The Chair noted that there were no additional disclosures or conflicts. STAFF PRESENTATION: Senior Planner II Dan Carlson presented a PowerPoint summary of the project and previously circulated staff report, concluding this project is consistent with Bonner County Revised Code. APPLICANT PRESENTATION: Martin Zehnter stated he and his wife purchased the property to divide among their family. PUBLIC/AGENCY TESTIMONY: None APPLICANT REBUTTAL: None Page 1 of 10

2 BOARD DELIBERATION: The Chair closed the hearing to public testimony. The Board discussed Findings and Conclusions. MOTION TO APPROVE: Commissioner Sudick moved to approve this project FILE S to subdivide 38 acres zoned Rural 5 into five single-family residential lots and the stormwater plan, finding that it is in accord with the Bonner County Comprehensive Plan and Bonner County Revised Code as enumerated in the following conclusions of law, and based upon the evidence submitted up to the time the Staff Report was prepared and testimony received at this hearing. Commissioner Sudick further moved to adopt the following findings of fact, conclusions of law and conditions of approval. The action that could be taken to obtain the plat is to complete the Conditions of Approval as adopted. This action does not result in a taking of private property. Commissioner Bailey seconded the motion. VOTED upon and the Chair declared the motion carried, unanimously. Background: A. Site data: The applicant is requesting subdivision of 38 acres into 5 singlefamily residential lots. The subject property is currently developed with one singlefamily dwelling that would remain on proposed Lot 5. B. Access: Access to the subject property is provided by Clagstone Road, an existing 50-foot wide public right of way with a ±28-foot wide gravel travelway. Clagstone Road is maintained by Bonner County. Access to Lots 1 and 2 would be provided by a private driveway located within a 26-foot wide driveway and utility easement. Lot 3 and 5 would have direct frontage on, and access to Clagstone Road. Access to Lot 4 would be provided by Dylan Road, an existing private road located to the south of the subject property. Dylan Road was constructed to Local C private road standards with the Tamarack Crest subdivision (File #S ). An easement benefiting Lot 4 has been provided at Instrument # C. Environmental factors: The subject property slopes from east to west at approximately 1% (application). The site does not contain mapped floodplain (DFIRM Panel 1350E, Zone X) or mapped wetlands (USFWS National Wetland Inventory). The site does contain Kootenai Gravelly Silt Loam soils, which the Bonner County Comprehensive Plan has identified as being prime agricultural soils. The property does not contain critical wildlife habitat, according to the Comprehensive Plan. D. Services: Water would be provided by individual wells. Lot 5 contains an existing well. Sewage disposal for Lots 1 through 4 would be provided by individual septic systems. Lot 5 contains an existing septic system (PHD Permit # ). The subject property is located within the Spirit Lake Fire District and the West Bonner School District. Page 2 of 10

3 E. Comprehensive Plan, Zoning and Current Land Use Compass Comp Plan Zoning Current Land Use & Density Site Rural Residential R-5 Single-family dwelling North Rural Single family residences developed on 7 to R-10 Residential 20-acre parcels East Rural Single family residences developed on 20+ R-10 Residential acre parcels South Rural Residential R-5 Tamarack Crest Subdivision West Rural Single family residences developed on 10 R-10 Residential to 20 acre parcels F. Standards review Standard Required Provided Minimum Lot Size (BCRC ) 5 acres Lots 1-4: 6 acres Lot 5: ±14 acres Depth to width, BCRC :1 maximum All lots comply Urban services, BCRC (a) For lots less than 1 acre N/A Water supply, BCRC (b) Demonstrate sufficient production capability Idaho Department of Water Resources Well Driller Reports for the area show production of one to 60 gallons per minute, with well depths of 20 to 502 feet, and a static water level of 16 to 420 feet. Page 3 of 10

4 Standard Required Provided Sewage disposal, BCRC (c) Adequate sewage disposal method as approved by Panhandle Health District and/or the state of Idaho Sewage disposal for Lots 1 through 4 would be provided by individual septic systems. Lot 5 contains an existing septic system (PHD Permit # ). Panhandle Health District has approved test holes for all lots. (See agency comments below) Fire risk assessment, BCRC (d) Fire plan, BCRC (d) Road name, BCRC (a) Road standard, BCRC (b) Fire risk assessment Fire Protection Plan Public Works Approval Meeting public or private road standards The applicant has provided a preliminary plat fire hazard rating form with a total hazard rating of 32, which indicates a moderate-high hazard rating. A fire protection plan has been provided in the preliminary plat application. (See Condition A- 1) N/A. No new roads proposed. N/A. No new roads proposed. Page 4 of 10

5 Standard Required Provided Legal access, BCRC (c) Shall be provided Clagstone Road, an existing 50- foot wide public right of way with a ±28-foot wide gravel travelway. Access to Lots 1 and 2 would be provided by a private driveway located within a 26-foot wide driveway and utility easement. Lot 3 and 5 would have direct frontage on, and access to Clagstone Road. Access to Lot 4 would be provided by Dylan Road, an existing private road constructed to Local C private road standards (File #S ). An easement benefiting Lot 4 has been provided at Instrument # Direct frontage, BCRC (d) For lots less than 5 acres N/A Natural hazards, BCRC (a) Designed around Contours shown on plat. No mapped flood hazard area. Page 5 of 10

6 G. Stormwater plan A stormwater management plan for driveway construction was required pursuant to BCRC (A). Bretta Provost, P.E. submitted a stormwater management plan to the record. The plan was routed to the Bonner County Contract Engineer for review. See agency comments below. H. Agency Review The application was routed to the following agencies for comment on April 6, 2015: Panhandle Health District Bonner County Public Works Department Spirit Lake Fire District School District #83 Northern Lights Power Company Department of Fish and Game Department of Lands (Sandpoint) U.S. Forest Service Bonner County Contract Engineer The following agencies commented: Bonner County Public Works, memorandum received April 16, 2015: Bonner County provided the following comments: 1. Road and Bridge requests a five-foot dedication of additional right of way along Clagstone Road (already proposed on plat). (See Condition B-3) 2. A current Encroachment Permit could not be located for the existing house at 8282 Clagstone Rd. a. In accordance with Bonner County Road Standards Manual (BCRSM) Section 3.1.D, the applicant shall file for an Encroachment Permit to improve the existing approach from Bonner County Public Works Office. b. The applicant shall make any improvements needed in order to bring the approach into compliance with current County standards. All identified work will need to be completed by the Applicant in accordance with Bonner County Road Standards Manual, Section 3. (Staff Note: The applicant is not proposing any changes to the existing driveway as a part of this application. Therefore, staff is not recommending a condition of approval.) 3. The driveways for the additional lots will also require encroachment permits at time of construction. If Lots 1, 2, and 3 all share a driveway off of Clagstone Road, this will be considered a road (3 or more homes) and will be required to be named and meet road approach standards. If this is anticipated to be a possibility, it would be best to name the road on the plat now. However, if lot 3 will have its own driveway directly off of Clagstone Rd, then standard residential encroachment permits will suffice. (Staff Note: Lots 1 and 2 would utilize a shared driveway. Lot 3 would have direct frontage on, and access to Clagstone Road. See Condition A-2) Page 6 of 10

7 Panhandle Health District, memorandum received April 16, 2015: Panhandle Health District commented that test holes had been dug and approved drainfield sites had been located for all lots within the subdivision. (See Condition B-5) Bonner County Contract Engineer, letter received June 5, 2015: The contract engineer commented that the stormwater plan appears to be complete, and in accordance with the county grading, stormwater management, and erosion control ordinance. (See Condition A-3) I. Public Notice & Comments Michael, C. Paden, received July 2, 2015: Mr. Paden and his wife Catherine object to the subdivision, raising concerns related to the existing inventory of lots in the area, impacts to ground water and wells in the area, increased traffic on Clagstone Road, existing trespass and vandalism, pollution from sewage disposal, air pollution from wood stoves and fireplaces, construction equipment traffic, and impacts to rural character. (Staff Note: Idaho Department of Water Resources Well Driller Reports for the area show production of one to 60 gallons per minute, with well depths of 20 to 502 feet, and a static water level of 16 to 420 feet. Bonner County Public Works did not raise any concerns related to increased traffic. Panhandle Health District commented that test holes had been dug and approved drainfield sites had been located for all lots within the subdivision. The remaining comments do not relate to the applicable subdivision approval standards.) Findings of Fact 1. The applicant is proposing subdivision of ±38 acres into five single-family residential lots. The subject property is designated Rural Residential by the Bonner County Comprehensive Plan. The subject property is zoned Rural 5, which requires a minimum lot size of five acres. 2. Water would be provided by individual wells. Lot 5 contains an existing well. Idaho Department of Water Resources Well Driller Reports for the area show production of one to 60 gallons per minute, with well depths of 20 to 502 feet, and a static water level of 16 to 420 feet. 3. Sewage disposal for Lots 1 through 4 would be provided by individual septic systems. Panhandle Health District commented that test holes had been dug and approved drainfield sites had been located for all lots within the subdivision. Lot 5 contains an existing septic system (PHD Permit # ). 4. Access to the subject property is provided by Clagstone Road, an existing 50- foot wide public right of way with a ±28-foot wide gravel travelway. Clagstone Road is maintained by Bonner County. Access to Lots 1 and 2 would be provided by a private driveway located within a 26-foot wide driveway and utility easement. Lot 3 and 5 would have direct frontage on, and access to Clagstone Road. Access to Lot 4 would be provided by Dylan Road, an existing private Page 7 of 10

8 road located to the south of the subject property. Dylan Road was constructed to Local C private road standards with the Tamarack Crest subdivision (File #S ). An easement benefiting Lot 4 has been provided at Instrument # The subject property is located within the Spirit Lake Fire District and the West Bonner School District. 6. The site does not contain mapped floodplain (DFIRM Panel 1350E, Zone X) or mapped wetlands (USFWS National Wetland Inventory). 7. The site does contain Kootenai Gravelly Silt Loam soils, which the Bonner County Comprehensive Plan has identified as being prime agricultural soils. 8. The property does not contain critical wildlife habitat, according to the Comprehensive Plan. Conclusions of Law: Based upon the findings of fact, the following conclusions of law are adopted: Conclusion 1 The proposed subdivision is in accord with the purposes of this Title and of the zone district in which it is located. Conclusion 2 The site is physically suitable for the proposed development. Conclusion 3 The design of the proposed subdivision will not adversely impact Bonner County s natural resources, as identified in the comprehensive plan. Any adverse impacts or potential for impacts shall be mitigated as a condition of approval. Conclusion 4 The public and private services, including but not limited to water, sewer services, solid waste, fire protection, emergency services, and school facilities and transportation, which will serve the proposed subdivision are adequate for the needs of future residents or users. Conclusion 5 The proposed subdivision will not cause circumstances to exist that will cause future residents or the public at large to be exposed to hazards to health or safety. Conclusion 6 The design of the proposed subdivision or related improvements will provide for coordinated access with the county system of roads and with adjacent properties, and will not impede the use of public easements for access to, or through the proposed subdivision. The proposed transportation system is designed to adequately and safely serve the future residents or users without adversely Page 8 of 10

9 impacting the existing transportation system by reducing the quality or level of service or creating hazards or congestion. Conclusion 7 The proposed subdivision is designed to comply with the design criteria for subdivisions set forth in Subchapter 6.2 of this chapter. Conclusion 8 The proposed subdivision is in accord with the Bonner County comprehensive plan. Property Rights Population School Facilities, Transportation Economic Development Land Use Natural Resources Hazardous Areas Public Services Transportation Recreation Special Areas or Sites Housing Community Design Implementation Conditions of Approval: Required plat notes: The following notes shall be recorded on the face of the final plat: A-1 All lots shall be developed consistent with the defensible space fire risk plan on file with the Bonner County Planning Department. A-2 Access to Lot 3 shall be via Clagstone Road. Encroachment permit approval from Bonner County Public Works is required for this lot for driveway construction onto Clagstone Road. A-3 The final plat shall contain the following note: Prior to driveway construction accessing Lots 1 and 2, the Lot 1 and/or 2 owner shall install prior to ground disturbing activities all temporary erosion control measures as designed and approved. The Lot 1 and/or 2 owner shall provide to the Planning Department prior to ground disturbing activities a signed statement from the project engineer or design professional stating that these measures have been installed as per the approved design specifications for said driveway. The Lot 1 and/or 2 owner shall install upon completing ground disturbing activities and shall maintain thereafter all permanent erosion control and stormwater management measures as designed and approved. The Lot 1 and/or 2 owner shall provide to the Planning Department upon completing ground disturbing activities a signed statement from the project engineer or design professional stating that these measures have been installed as per the approved design specifications. Page 9 of 10

10 Standard and site-specific plat conditions: B-1 A final plat shall be recorded. B-2 The preliminary plat shall be valid for a period not to exceed two (2) calendar years from the date of approval. At any time prior to the expiration date of the preliminary plat, the applicant may make a written request to the Planning Director for an extension of the preliminary plat for a period up to two (2) years. The Board of County Commissioners may consider such request for extension at any regular business meeting. The extension request must be approved or denied prior to the expiration date of the preliminary plat. B-3 An additional five-foot strip of land fronting on Clagstone Road shall be dedicated by the applicant on the final plat for right-of-way purposes. B-4 The applicant shall provide one of the following for all proposed lots: (a) Prior to final plat, an approved water and fire hydrant system capable of providing one thousand (1,000) gallons per minute for a minimum of two (2) hours, where, a community water system exists or is proposed as part of the development and is capable of delivering the pressurized water supply necessary for delivering fire flows as prescribed by International Fire Code, as adopted by the state fire marshal, and such later editions as may be so published and adopted by the state fire marshal, or as amended, modified or superseded, and incorporated herein by reference with a copy on file with the office of the clerk of the Board of County Commissioners, and herein after referred to as IFC. (b) A note on the final subdivision plat stating: At the time of Building Location Permit or Building Permit, the lot owner shall install a minimum two thousand (2,000) gallon water storage system, meeting IFC standards. Refill on demand is not required to meet IFC standards. (c) A note on the final subdivision plat stating: "The installation of an approved International Fire Code residential fire suppression sprinkler system is required in all newly constructed residences." (d) Prior to final plat, a man-made or natural water source with a dry hydrant capable of delivering adequate water supply as prescribed by International Fire Code. (e) A note on the final subdivision plat stating: At the time of building permit or building location permit, the lot owner shall install an approved fire suppression method to the satisfaction of Spirit Lake Fire District. B-5 The final plat shall depict approved drainfield site locations to the satisfaction of the Panhandle Health District. Page 10 of 10