November 9, 2016 Ponderay Planning and Zoning Commission File AX Annexation Request Thomas L. Clark. Preliminary Survey of Subject Parcel

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1 Ponderay - City Planning Staff Report November 9, 2016 Ponderay Planning and Zoning Commission File AX Annexation Request Thomas L. Clark Subject Parcels Preliminary Survey of Subject Parcel Project Summary Thomas L. Clark is requesting annexation into the City of Ponderay for three contiguous parcels located at the intersection of U.S. Highway 95 and West Bronx Road in Sections 35 and 36, Township 58 North, Range 2 West, Boise Meridian. Notice Provided Published in the Bonner County Daily Bee: Thursday, October 20, 2016 Mailed to affected taxing districts and the media: Friday, October 21, 2016 Posted at City Planning and to the City of Ponderay website: Friday, October 21, 2016 AX Page 1 11/2/2016

2 Site Information A. Site Data: The subject property is currently comprised of three small parcels of land. According to the preliminary record of survey completed by Alan Kiebert, PLS, in November of 2012, Parcel 1 contains ±1.18 acres; Parcel 2 contains ±.82 acres and the recently acquired (October 13, 2016) Parcel 3 contains ±.86 acres. Parcel 3 was recently created by deed, contrary to Bonner County Zoning and Subdivision Laws (see staff analysis and recommended Condition 1 below). Currently the subject properties are used for the operation of Cedar s of Idaho, a small scale cedar building material sales yard, which has been in operation this site since approximately 2004, according to the project representative. The property is presently located in unincorporated Bonner County and is zoned Rural-5. A building location permit for placement of a 1992 manufactured home on Parcel 1 is currently active with the Bonner County Planning Department (BLP ). Additionally, an application for the addition of a room, deck, storage and a garage (BLP ) was submitted to Bonner County planning on October, 20, This permit had not yet been issued as of October 27, B. Access: According to the application, the site (specifically Parcel 2 ) fronts on U.S. Highway 95 and has constructed legal, permitted residential access (MP479.43; NH-IR-F-5116(071)) (See proposed Condition 3). Parcels 1 and 2 also have direct frontage onto and an approved residential access (Encroachment Permit 3541 and 3853) onto West Bronx Road (See Condition 3). Parcel 3 has deeded access to U.S. Highway 95 via a 30-foot road and utility easement located along the southern boundary of Parcel 4. Additionally, Parcel 3 has deed access across a 15-foot easement for ingress and egress located along the western boundary of the McLinden parcel, which provides access to West Bronx Road. C. Environmental Factors: According to the Bonner County GIS the site is generally flat, with Parcel 3 containing some areas of slope to the northwest. The parcel does not contain any bodies of water mapped by the National Hydrography Data set, nor does it contain mapped floodplain (Zone X, D-Firm Panel 0710E). According to the U.S. Fish and Wildlife Service National Wetland inventory maps Parcel 3 contains mapped wetlands along the northwest property boundary and an apparent drainage area. D. Services: According to the applicant s representative, Martin E. Taylor, AICP, James A. Sewell and Associates, the subject property is served by the Northside Water Users Association and an individual septic system. The site is located within the Boundaries of the Lake Pend Oreille School District and Northside Fire District. AX Page 2 11/2/2016

3 E. Comprehensive Plan, Zoning and Current Compass Comp Plan Zoning Current Land Use Site Bonner County Rural Residential (5-10 acres) Bonner County, Rural-5 Commercial Sales, Cedar Lumber Sales Yard North Bonner County Rural Residential (5-10 acres) City of Ponderay Commercial and Bonner County, Rural-5 Commercial Sales, Yamaha Dealership (City of Ponderay) and Rural Residential (Bonner County) East Commercial (City of Ponderay) City of Ponderay, Commercial Agriculture Land and Residential (City of Ponderay) South Commercial and Low Density Residential (City of Ponderay) City of Ponderay, Rural Residential (City of Ponderay) West Bonner County Rural Residential (5-10 acres) Bonner County, Rural-5 Residential (Bonner County) F. Standards for Review Applicable Ponderay City Code (PCC) sections: Ponderay City Code is silent with regards to annexation requests. As a result the request has been reviewed for compliance with Idaho Code. Applicable sections of Idaho Code: Standard Required Provided I.C (2), General Authority Grants cities the ability to annex land that is connected to the city, other than that which is connected by a shoestring connection or a strip of land comprised of railroad or highway right-ofway, provided they are in compliance with the procedures required in this section. Additionally all portions of the highway located within the area of annexation be shall be included in the annexation. The subject parcels abut the boundaries of the City of Ponderay. Additionally, the subject parcels are located within the Area of City Impact for Ponderay. AX Page 3 11/2/2016

4 I.C (3), A, B & C Annexation Classifications I.C (4) Evidence of consent to annexation I.C (5)(a) Annexation Procedures for Category A Annexation I.C (6) Decisions relating to category B and C annexations I.C (7) Annexation of a noncontiguous municipal airfield Allows for three annexation categories A, B and C Evidence of written consent to annexation shall be obtained prior to annexation. Written consent to annexation must be recorded with the county recorder s office. Lands lying contiguous or adjacent to the any city in the state of Idaho may be annexed by the city if the proposed annexation meets the requirements of a category A annexation. Upon determining that a proposed annexation meets such requirements, the city may initiate planning and zoning procedures in accord with chapter 65, title 67, Idaho Code, to establish the comprehensive planning policies and zoning classification procedures. Category B and C annexations are subject to judicial review The city may annex land that is noncontiguous and is occupied by a municipal airfield The subject Annexation is a Category A By signing the annexation application the land owner has consented to the annexation of the subject property into the City Limits of Ponderay. (see Condition 2) An application signed by the land owner requesting annexation was received by the City of Ponderay on August 16, The application was later modified on October 18, 2016 to include an additional parcel. The request was not signed, but referred to the original signed request. State code mandates that signed authorization be recorded with the county recorder s office. (See Condition 2) The site as, evidenced by the application materials is located within the area of city impact for Ponderay and is adjacent to the jurisdictional boundaries of the city of Ponderay to the South and East. Staff has processed the application in accord with the procedures outlined in I.C and public hearing notice requirements of I.C The staff report and department file provide evidence of such and are available for review at Ponderay City Planning upon request. The subject annexation is a category A annexation and therefore is not subject to judicial review. This section of Idaho Code is not applicable. The subject property is not a municipal airfield. This section of Idaho code is not applicable. AX Page 4 11/2/2016

5 Project Review Staff finds that the proposal complies with all of the applicable requirements of Ponderay City Code and Idaho Code. Items warranting discussion or conditions are discussed below. Staff reserves the right to develop a full record in the event of an appeal. Agency Comment The application was sent to the following agencies for comment on September 7, 2016: Kootenai-Ponderay Sewer District City of Sandpoint Idaho Transportation Department Independent Highway District Northside Fire District Avista Utilities Bonner County Planning Milton Ollerton Bonner County Assessor s Office Ron Self Ponderay Police Department Lake Pend Oreille School District HMH Engineering Dan Larson and Eric Olson Ponderay City Engineer James A. Sewell and Associates Pat Parks Ponderay City Building Official At the time this report was prepared, the following comments had been received: Ryan Luttman, City of Sandpoint, dated September 13, 2016: Mr. Luttmann commented that the subject property is not located within the water service boundaries for the City of Sandpoint. Daniel W. Larson, P.E., HMH Engineering, LLC, Ponderay City Engineer, dated September 7, 2016: Mr. Larson commented that the proposed annexation has frontage on both US Highway 95/ US-2, a principal arterial and West Bronx Road, a collector. Permitted approaches exist on both. He further commented for the benefit of the landowner, that while the property is being annexed in as-is condition, the City does have standards that would typically be applied to the use occurring onsite. He advised that the land owner should be aware of City standards for screening, material storage and trash enclosures (PCC 9-5B-6A, 9-5B-6B and 9-5B-7), in an attempt to mitigate future complaints and investigations. Pat Park, CBO, James A. Sewell and Associates, City of Ponderay Building Official, September 7, 2016: Mr. Park commented that he had reviewed the annexation application and site map. He stated that he had no comment. Milton Ollerton, Planning Director, Bonner County, October 27, 2016: Mr. Ollerton commented that recordation of Instrument # caused the creation of an illegal parcel, which failed to comply with the Bonner County subdivision and zoning Ordinances. Additionally, Mr. Ollerton referenced a pending building location permit application for the addition of a room, deck, storage and garage onto an existing structure, located on a portion of the subject property. He stated The City may need to decide if they are going to take on the building inspection after annexation of if the permit will finish with the county. AX Page 5 11/2/2016

6 Staff Note: Mr. Ollerton s comments state the annexation request includes four separate Bonner County parcels. To clarify, the annexation request includes only three Bonner County parcels. Parcel 3 as shown on the preliminary record of survey above was created by the recordation of Instrument # as stated in the comments received from Mr. Ollerton. Parcel 4 was also created by remainder, however, is not a part of the annexation request and will remain under Bonner County Jurisdiction at this time. Additionally, staff has discussed the pending construction associated with pending Bonner County Building Location Permit with Pat Park, Building Official, James A. Sewell Associates. It was his opinion that applications for construction obtained while under the jurisdiction of Bonner County should be completed under the purview of Bonner County. As a result, annexation would have no affect on permit review, construction standards or inspections of the pending permit. If the annexation is approved all future construction would need to be completed to the standards of Ponderay. Applicant Response to Bonner County Comments: Martin E. Taylor, AICP, James A. Sewell and Associates, project representative, provided the following statements in response to the October 27, 2016, comments received from Mr. Ollerton. The county s subdivision and zoning standards have no bearing on the proposed annexation. The requested Commercial zone sets forth no lot size minimum (see PCC, Section 9-4C-2). The property has been reviewed and approved for subsurface sewage disposal (PHD Permit ). The property is served by the Northside Water User s Association. The property benefits from an approved county encroachment permit (EP3541). Consequently, the property benefits from at least one existing legal access to a public street (see PCC, Section 9-4C-2(F)). Idaho Department of Environmental Quality (IDEQ), Faye Beller, received November 1, 2016: Ms. Beller stated that IDEQ had no comments on the proposed annexation. Idaho Transportation Department (ITD), Robert Beachler, Acting Permit Coordinator, District 1, letter and received November 2, 2016: Mr. Beachler commented that the parcel currently has a 20-foot residential approach on-site. Any change of use on the subject property will require a new ITD commercial approach permit. At the time of application for a commercial approach, ITD will determine if a traffic impact study is required based on the projected traffic volume. (See proposed Condition 3) Public Comment At the time the staff report was prepared, no public comments had been received. Staff Analysis & Recommendation The requested annexation of three contiguous parcels into the incorporated City of Ponderay is being processed at the request of the land owner, Mr. Clark, making this a Category A annexation consistent with I.C (3). Parcel 3 appears to have been newly created (October 2016), contrary to Bonner County Subdivision Laws. It is staff s recommendation that Parcel 3 be brought into compliance with the zoning and subdivision laws of Bonner County Revised Code prior to annexation. AX Page 6 11/2/2016

7 The subject parcels have approved constructed access the both US Highway 95 and West Bronx Road. However, the approved permits are for residential use only, while a commercial use is occurring onsite and a commercial zoning designation has been requested. It is staff s recommendation, that an approved commercial approach be permitted and constructed to the satisfaction of the applicable road jurisdiction, to allow for compliant access to the existing commercial operation (see proposed Condition 3). The parcels are located adjacent to the municipal boundaries of Ponderay to the South and East and are located within the Ponderay area of city impact. The requested commercial zoning designation is consistent with the use occurring onsite. The City of Ponderay has not yet established a future land use designation for the subject property; therefore the requested commercial zoning designation is not inconsistent with the Future Land Use Map. Neighboring properties to the South and East are designated commercial by the Ponderay Future Land Use Map, indicating the subject area is slated for future commercial growth. A similar annexation was approved in 2014 (File AX14-007) for the Yamaha dealership to the North of the subject parcel. The estimated value (based on the current assessor records) shows an assessed value of approximately $64,468 per acre for the land only. Based on the current estimated land value, total acreage and the current Ponderay levy rates, annexation of requested property represents an estimated tax revenue increase of $ annually for Ponderay at this time. The newly placed residence with proposed additions as well as the personal property taxes for Cedars of Idaho will further increase the annual tax revenue. The average assessed value of properties located within Ponderay is approximately $94,978 per acre. No adverse agency or public comments have been received. Subject to the recommended conditions of approval, staff finds that this project is consistent with Ponderay City Code and Idaho Code. Therefore, staff recommends approval of the proposed annexation subject to the proposed conditions. Staff recommends the following findings of fact and conclusions of law. Findings of Fact 1. An application for annexation, signed by the land owner, was submitted to the City of Ponderay on August 16, A revised application was later submitted on October 18, 2016, which added Parcel According to the preliminary survey provided, the parcels are sized as follows: Parcel 1 ± 1.18 acres Parcel 2 ±.82 acres Parcel 3 ±.86 acres (see Condition 1 below) 3. The site is accessed from both U.S. Highway 95 and West Bronx Road. 4. The site is served by an individual septic system. 5. Water is provided by Northside Water Users Association. AX Page 7 11/2/2016

8 6. The site is located within the area of city impact for Ponderay. 7. The site is located adjacent to the municipal boundary of Ponderay. 8. The Ponderay Future Land Use Map designates land to the South and East of the site. 9. The use occurring onsite is consistent with the requested commercial zoning designation. 10. The public hearing notification requirements of I.C and I.C were met. Conclusions of Law Based on these Findings of Fact, the Planning and Zoning Commission concludes that the annexation request is/is not in accordance with the applicable sections of Idaho Code, and therefore is [recommended for/approval/denial]. Motion MOTION TO APPROVE: I move to approve this project, FILE AX16-013, to annex properties into the city of Ponderay and to expand the zoning map and assign the zoning designation of commercial to the subject property, finding that it is in accord with the applicable sections of Idaho Code as enumerated in the findings of fact and conclusions of law in the staff report, and based upon the evidence submitted up to the time the staff report was prepared and testimony received at this hearing. I further move to adopt the findings of fact, conclusions of law, and conditions of approval (noting any amendments) in the staff report. The action that could be taken to obtain the subdivision is to complete the conditions of approval as adopted. MOTION TO DENY: I move to deny this application, FILE AX16-013, to annex properties into the city of Ponderay and to expand the zoning map and assign the zoning designation of commercial to the subject property, finding that it is not in accord with the applicable sections of Idaho Code as enumerated in the findings of fact and conclusions of law in the staff report, and based upon the evidence submitted up to the time the staff report was prepared and testimony received at this hearing. I further move to adopt the findings of fact and conclusions of law in the staff report/or as amended. (noting amendments). The action that could be taken, if any, to obtain the subdivision is to: 1) File a new application with the Planning Department and meet the standards required by Ponderay City Code; or 2) Pursue such remedies as may be applicable at Idaho Code, Title 50, Chapter 2. Conditions of Approval 1. Prior to annexation ordinance recording, Parcel 3 shall be combined by recorded deed with Parcels 1 and 2, resulting in a single, deed parcel. 2. Written consent to annex shall be recorded with the Bonner County Recorder s Office and proof of such recording shall be provided to Ponderay City Planning prior to annexation. AX Page 8 11/2/2016

9 3. Prior to annexation ordinance recording, a commercial approach permit shall be obtained for access to the existing commercial operation occurring onsite. Said approach shall be constructed or modified to the satisfaction of the local road jurisdiction. Attachments: Annexation Application Preliminary Survey Aerial Photographs Agency Comments AX Page 9 11/2/2016