BONNER COUNTY PLANNING DEPARTMENT PLANNING AND ZONING COMMISSION STAFF REPORT FOR FEBRUARY 2, 2017 Project Name: French, Bruce File Number,Type: ZC358-16, Zone Change Request: The applicant is requesting a zone change from Suburban to Rural Service Center. Legal Description: Lot 12B, Block 1, Langley s Addition to Coolin, Section 10, Township 59 North, Range 4 West, Boise Meridian Location: Parcel Size: Applicant: Project Representative: Property owner: The project site is located within the Coolin community. 1.42 acres Bruce French 930 18 th Ave. N.E. Naples, Florida 34120 Martin E. Taylor, AICP James A. Sewell & Associates 1319 N. Division Ave. Sandpoint, Idaho 83864 Same as applicant Application filed: September 19, 2016 Notice provided: Mail: January 9, 2017 Site Posting: January 26, 2017 Published in newspaper: January 13, 2017 File #ZC358-16 February 2, 2017 Page 1 of 7
Project Site Plan Project summary: The applicant is requesting a zone change for a 1.42 acre parcel from the Suburban zoning district, to the Rural Service Center zoning district. The site is located within the Coolin community near Priest Lake, and the property is vacant. In addition to this zone change application, the landowner has submitted a conditional use permit application for a boat storage facility. Boat storage facilities are a conditionally allowed use within the Rural Service Center Zoning District. The proposed conditional use permit, would be contingent upon zone change approval. Applicable laws: The following sections of BCRC, Title 12, apply to this project: BCRC 12-211 General BCRC 12-212 Applications, applicants for amendment to zoning or Comp Plan map BCRC 12-214 Procedures for amendments BCRC 12-215 Application contents BCRC 12-216 Evaluation of amendment proposals BCRC 12-217 Public hearings, notice of BCRC 12-320.1 Zoning districts and map designation, purpose BCRC 12-320.2 Zoning districts and map designations established BCRC 12-327 Rural Service Center Zoning District File #ZC358-16 February 2, 2017 Page 2 of 7
Background: A. Site data: The subject property is described at 1.42 acres. The property is currently vacant. B. Access: The site will be accessed by Highland Drive. Highland Drive is a county owned and maintained road right-of-way, with a gravel travel surface, located within a varying width right-of-way. C. Environmental factors: The property is flat, with little to no grade. No surface water, flood hazard area (Zone: X; DFIRM 0430), or wetlands exist on site. Currently the property is heavily timbered, although the proposed boat storage facility would be mostly cleared, with the exception of an evergreen buffer to neighboring properties, according to the application. D. Services: According to the application, potable water is to be served to the site via an individual well that produces about 10 gallons per minute. Sewage is to be disposed of via the Coolin Sewer District, a wastewater and lagoon wastewater treatment system, serving the Coolin Community. Fire protection is served by the Coolin Cavanaugh Fire District, and the site lies within the West Bonner School District. The closest solid waste facility is the Dickensheet Station. E. Comprehensive Plan, Zoning and Current Land Use Compass Comp Plan Zoning Current Land Use & Density Site Resort Community Suburban Vacant Land North Resort Community Suburban Vacant Land East Resort Community Suburban Single Family Dwelling South Resort Community Rural Service Center Neighborhood Commercial West Resort Community Recreation Single Family Dwelling F. Standards review Section 12-216 of BCRC specifies that Staff and the governing bodies shall review the particular facts and circumstances of each proposal submitted and shall determine whether there is adequate evidence that the proposal is in accordance with the general and specific objectives of the comprehensive plan. Idaho Code stipulates that zoning districts shall be in accordance with the policies set forth in the adopted comprehensive plan. ( I.C., 67-6511): 12-327: RURAL SERVICE CENTER DISTRICT: A. The Rural Service Center district is established to promote the development of local commercial services in small communities to meet the needs of rural residents as well as limited tourist commercial services and limited light industrial uses consistent with the maintenance of the rural character of the area. The Rural Service Center district is also intended to provide opportunities for a variety of affordable housing types that are within walking distance of commercial services. These purposes are accomplished by: File #ZC358-16 February 2, 2017 Page 3 of 7
1. Providing for a range of small scale retail and rural service uses. 2. Allowing for mixed use buildings (housing over office or retail) and a range of housing types, including detached single-family dwelling units, cottage housing, townhouses, apartments and mobile home parks where sufficient services are provided. 3. Allowing for light industrial uses where activities are conducted primarily indoors and impacts to adjacent uses are mitigated. 4. Excluding commercial uses with extensive outdoor storage. 5. Excluding large scale commercial uses that would be more effectively located in incorporated cities. 6. Applying simple design standards that enhance pedestrian access and improve the character of the area. (Ord. 501, 11-18-2008) B. Use of this zone is appropriate in areas designated as neighborhood commercial, resort community or transition by the comprehensive plan and community plans and that are served at the time of development by adequate sewage disposal services, water supply, roads and other needed public facilities and services. Expansion of existing Rural Service Center districts or the creation of new Rural Service Center districts may be considered only if the expansion will not negatively impact the safety and function of a state highway or other roadway. (Ord. 512, 1-6-2010) G. Comprehensive Plan Land Use Designation The property is designated Resort Community. The comprehensive plan designation of Resort Community provides for urban-like densities for areas centered around the recreational areas developed for winter and water sports, golf and hiking, where urban services are provided. H. Land Capability Report A land capability report was submitted to the record by Martin E. Taylor, AICP, in accordance with BCRC 12-222(j), which states: Based on the physical site characteristic of proposed Lot 12B, and the fact that Lot 2 has been successfully developed with Coolin Marine Services, the area is satisfactorily suited for the intended use, subject to implementation of the accompanying stormwater management plan. The site has demonstrated that it is capable of withstanding disturbances without risk of harmful consequences as a result of floods, sewage, drainage, erosion, sedimentation, geological or surface slippage pursuant to Bonner County Revised Code, Sections 12-215(c) and 12-222(j). I. Stormwater plan A stormwater management plan was not required, pursuant to BCRC 12-720.3(k) because the proposal does not result in the creation of additional impervious surface, as defined. A stormwater management plan was submitted as part of the Conditional Use Permit package for the future impervious surfaces. File #ZC358-16 February 2, 2017 Page 4 of 7
J. Agency Review The application was routed to the following agencies for comment on October 25, 2016. The following agencies commented: Panhandle Health District Bonner County Road and Bridge Coolin-Cavanaugh Fire District Northern Lights Power Company Department Lands (Sandpoint) Staff Note: No agencies responded in response to the proposed zone change. K. Public Notice & Comments The following public comments were received: Janet Langley Ms. Langley submitted a letter to the planning department stating that the proposed zone change is not in accord with the CC&Rs of the plat.** **Staff Note: CC&Rs are not enforced by the county. Any violation of civil covenants shall be pursued in the civil realm. Staff analysis: Staff concluded this project is consistent with Bonner County Revised Code and Comprehensive Plan, based upon the following: The Rural Service Center zoning designation is meant to provide for a wide range of small scale and rural service uses. Coolin, being a rural community with close proximity to Priest Lake, has a unique set of services in demand, such as the winter storage of boats. The size is designated by the Bonner County Comprehensive Plan as Resort Community. Sewage disposal will be provided by Coolin Sewer District. Water will be provided by an individual well. Access is provided by a county maintained road right-of-way (Highland Drive). No agency commented with an adverse comment, and the issues raised by the public are not in the realm of county enforcement. STAFF RECCOMENDS APPROVAL. APPROVE: subject to conditions - See Staff Analysis below. Planner s Initials: SN Date: January 26, 2017 Note: This is only a recommendation. The final decision rests with the governing body after the completion of the public hearing and consideration of all relevant oral and written testimony and evidence. File #ZC358-16 February 2, 2017 Page 5 of 7
Motion by the governing body: PLANNING COMMISSION/BOARD OF COMMISSIONERS MOTION TO APPROVE: I move recommend approval to the County Commissioners this project FILE ZC358-16 a zone change from Suburban to Rural Service center, finding that it is in accord with the general and specific objectives of 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. I further move to adopt the following findings of fact and conclusions of law as written (or as amended). This action does not result in a taking of private property. MOTION TO DENY: I move to recommend denial to the County Commissioners this project FILE ZC358-16 a zone change from Suburban to Rural Service center, based upon the following conclusions: [REFER TO FOREGOING CONCLUSIONS OF LAW AND SPECIFY WHICH CONCLUSIONS THE PROJECT MEETS AND FAILS TO MEET]. The decision is 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 following findings of fact and conclusions of law as amended. This action does not result in a taking of private property. The action that could be taken, if any, to obtain the zone change is to: 1) File a new application with the Planning Department and meet the standards required by Bonner County Revised Code; or 2) Pursue such remedies as may be applicable at Title 67, Chapter 65, Idaho Code. Findings of Fact 1. The lot is currently zoned suburban with a comprehensive land use designation of Resort Community. 2. Sewage disposal will be provided by the Coolin Sewer District. 3. The lot has direct access and frontage to Highland Drive. 4. Highland Drive is a county owned and maintained road right-of-way, with a gravel travel surface. The Highland Drive right-of-way has a varying width. 5. Water is to be served by individual well. 6. No adverse agency comments have been submitted. 7. Rural Service Center zoning districts are adjacent to the subject property. 8. The applicant has submitted a conditional use permit application for boat storage within the Rural Service Center zone. File #ZC358-16 February 2, 2017 Page 6 of 7
Conclusions of Law: Based upon the findings of fact, the following conclusions of law are adopted: Conclusion 1 The proposed zone change is/ is not in accord with the Bonner County comprehensive plan. (See attached comprehensive plan goals, objectives and policies.) 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 Conclusion 2 This proposal was reviewed for compliance with the zone change criteria and standards set forth at Sections 12-212, 12-215, and 12-216, Bonner County Revised Code, and was/ was not found to be in compliance. Conclusion 3 The proposal is/ is not in accord with the purpose of the intended zoning district, provided at Chapter 3, Bonner County Revised Code. Attachments: Legal Notice/Map Posted to web @ http://bonnercounty.us/file-zc358-16/ Site Plan Application Land Capability Report Stormwater/erosion control plan The complete file is available for review in the Planning Department, 1500 Highway 2, Suite #208, Sandpoint, ID. Staff reports are available online one week before the hearing at www.bonnercountyid.gov Bonner County Revised Code (BCRC) is available at the Planning Department or online. File #ZC358-16 February 2, 2017 Page 7 of 7