BONNER COUNTY PLANNING DEPARTMENT PLANNING AND ZONING COMMISSION STAFF REPORT FOR June 7, 2018 Project Name: French Addition File Number,Type: AM163-18, Comprehensive Plan Amendment and ZC366-18, Zone Change Request: The applicants are requesting a Comprehensive plan amendment for the subject properties from Remote and Prime Ag/Forest to Resort Community and a zone change from Forest 40 to Recreation. This will change the comprehensive plan designation to Resort Community and will change the split zone on the property to be consistent throughout the parcel. Legal Description: A tract of land in a portion of Section 8/9, Township 61 North, Range 4 West, Boise Meridian, Bonner County, Idaho Location: In the area of Nordman at the end of Copper Bay Road Parcel Size: Applicant: Project Representative: 1 parcel equal approximately 0.56 acres Scott and Susan French 304 Copper Bay Road Nordman ID 83848 Travis Haller Glahe & Associates INC. 303 Church Street Sandpoint, Idaho 83864 Application filed: April 19, 2018 Notice provided: Mail: May 14, 2018 Site Posting: May 22, 2018 Published in newspaper: May 16, 2018 File #AM163-18/ZC366-18 June 7, 2018 Page 1 of 10
Project summary: The French s are requesting a comprehensive plan amendment from Remote and Prime Ag/Forest to Resort Community and a zone change from Forest 40 to Recreation. There is currently a home with detached garage, playhouse and boat dock on the property. The home was purchased in 1992. The applicant acquired a 0.23 acre parcel from the Forest Service in 2003. The property was combined through a lot line adjustment and the comprehensive plan designation and zoning were never changed. The applicant is requesting the amendment and zone change to bring the lot to one comprehensive plan designation and one zone instead of having a split zone property. File #AM163-18/ZC366-18 June 7, 2018 Page 2 of 10
Applicable laws: The following sections of BCRC, Title 12, apply to this project: BCRC 12-210 et seq, Title Amendments, Comprehensive Plan Amendments And Zone Changes BCRC 12-320.1 Zoning districts and map designation, purpose BCRC 12-320.2 Zoning districts and map designations established BCRC 12-328 Recreation District Background: A. Site data: The parcel is a 0.56 acre parcel. The applicant purchased the property in 1992, (Instrument 407383). In 2003, the applicant purchased a 0.23 acre parcel from the Forest Service (Instrument 635940). The property was combined through a lot line adjustment at Planning Department file # LS1667-10 and recorded at Instrument 800813. B. Access: The property is accessed at the end of Copper Bay Road, a 30-ft wide gravel access road, recorded in Book 1 of Plats, Page 170, at Instrument 91288. C. Environmental factors: The property slopes slightly on the Southwest portion of the lot gradually progressing in slope northeast towards Priest Lake. The flood plain slightly encroaches the property on the north side. File #AM163-18/ZC366-18 June 7, 2018 Page 3 of 10
D. Services: Sewer is provided by the Granite-Reeder Water and Sewer District. Water is provided by individual well. Power is provided by Northern Lights and served by the West Priest Lake Fire Department. E. Comprehensive Plan, Zoning and Current Land Use Compass Comp Plan Zoning Current Land Use & Density Site Remote Ag/Forest Forest 40 and Residential 0.56 acres Home, garage, playhouse, boat docks Recreation North Priest Lake Remote Recreation Residential lots less than 1.0 acre East Ag/Forest Remote Recreation Residential lots less than 1.0 acre South Ag/Forest West Remote/Ag Forest Forest 40 US National Forest G. Standards review 12-215: Applications for Zone Changes and Comprehensive Plan Map Amendments, Contents The application was considered complete and routed to agency review on April 13, 2018. 12-216: Evaluation of Amendment Proposals 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. (Ord. 501, 11-18-2008) The applicant submitted a response to the specific objectives of the comprehensive plan. (Please see application provided). The applicant is requesting a comprehensive plan map amendment from Remote Ag/Forest to Resort Community. From the Land Use Chapter of the Comprehensive Plan. Remote Ag/Forest Land: The remote Ag/forest land is located on mountaintops and remote areas of the County where few or no access roads have been constructed. Included in these areas are most of the state and federal lands, which are managed for forest production or recreation. Staff: This property is located adjacent to the National Forest and on the shore of Priest Lake in the Nordman area. There are roads constructed providing access to the properties. The area is service with water, sewer, electricity and fire. The area provides urban-like densities centered around a recreational area. The private property in this area is zoned Recreation consistent with a Resort Community designation. The Resort Community designation is described below: Resort Community: The 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. File #AM163-18/ZC366-18 June 7, 2018 Page 4 of 10
Comprehensive Plan Amendment: Zone Change Request The applicant is requesting a zone change on a portion of his property from Forest 40 to Recreation eliminating the split zone on the parcel and making the parcel consistent with the neighborhood. The neighborhood is zoned Recreation consistent with the following definition: 12-328 Recreation District A. The recreation district is established to provide a wide range of recreational uses in areas where if access is by road rather than solely by waterways, the road shall be located within a recorded easement or public right of way, except where subject to the terms of an approved special use permit or a state or federal agency, adequate water and sewer services and fire services. Consideration shall also be given to access to potential public transportation systems. The recreation district is intended to provide for a range of housing types and uses that are accessory and complementary to recreational and residential uses. These purposes are accomplished by: 1. Allowing for a range of housing types provided adequate services are available. 2. Providing for commercial and private resorts which contain provisions for a range of recreational activities. File #AM163-18/ZC366-18 June 7, 2018 Page 5 of 10
3. Excluding uses that are not compatible with the desired recreational character of the area. 4. Encouraging conservation development configurations that create permanent open space, protect sensitive environmental features, reduce infrastructure costs and/or enhance recreational opportunities. 5. Applying simple design standards that enhance the recreational opportunities and character of the area. B. Use of this zone is appropriate in areas designated as transition, neighborhood commercial, urban growth area and resort community with the following conditions: 1. Land is physically suitable to accommodate a broad range of residential and recreational uses. 2. Sites are served by adequate sewage disposal service, water supply, roads and other needed public facilities and services. (Ord. 501, 11-18-2008) I. Land Capability Report Travis Haller, Glahe and Associates, Inc provided a Land Capability Report: The existing property is adequately suited and currently being utilized for Recreation as it has been for many years. The site is capable of withstanding disturbances without the risk of substantial harmful consequences of floods, sewage, drainage, erosion, sedimentation, or geological or surface movement per Bonner County Revised Code, Section 12-215(C). J. 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. File #AM163-18/ZC366-18 June 7, 2018 Page 6 of 10
K. Agency Review The application was routed to the following agencies for comment on April 3, 2018 Forest Service Bonner County Road and Bridge West Priest Lake Fire District West Bonner County School District #83 Northern Lights Power Company Department of Fish and Game Department of Environmental Quality Natural Resource Conservation Service Department of Lands (Priest Lake) Department of Water resources Fish and Wildlife Service Granite-Reeder Water and Sewer Department of Lands, Nav. Waters Idaho Department of Environmental Quality, Email dated May 14, 2018: Faye Beller of DEQ provided the following comment on surface water quality and storm water control: Storm water controls will need to be developed that adequately protect surface waters and ground water from being impacted during and after construction. The local storm water control authority should be contacted for details on the appropriate collection/treatment/disposal requirements. Control of sedimentation and erosion during construction activities must be achieved by the use of acceptable best management practices (BMPs) and is considered the responsibility of the owner/developer/contractor for the project. The project may require compliance with the Construction General Permit, a program administered by the U.S. Environmental Protection Agency. This requirement is designed to prevent pollution of waters of the U.S. during construction projects. More information on this requirement can be found at: https://www.epa.gov/npdes-permits/stormwater-discharges-construction-activities-region-10 Road and Bridge commented on April 17, stating no comments as Copper Bay Road is a private road. L. Public Notice & Comments There were no public comments received. Staff analysis: The maps portray the request accurately in that the area is zoned Recreation with a Remote Ag/Forest designation. The analysis of the project reveals that the area as described and currently used is consistent with a Resort Community land use designation. The neighboring parcels are 1.0 acres or less. There are a couple parcels larger. The area, is located on the shores of Priest Lake, a recreational area developed for winter and water sports (Comprehensive Plan 6.14). The urban services are in place with the exception of hard surfaces and urban water. This will be addressed in the subdivision phase should the applicant choose to split the parcel. The parcel appears consistent with the designation for the Recreation zone. Staff recommendation: APPROVE See Staff Analysis. Planner s Initials: HMO Date: May 25, 2018 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 #AM163-18/ZC366-18 June 7, 2018 Page 7 of 10
/Motion 1/ Comprehensive Plan Amendment Motion by the governing body: PLANNING COMMISSION MOTION TO APPROVE: I move to recommend approval to the Board of County Commissioners on this project, FILE AM163-18, requesting a comprehensive plan amendment for the subject property from Remote Ag/Forest to Resort Community, 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. Findings of Fact 1. The parcel is 0.56 acres split between a Forest 40 zone and a Recreation zone. 2. The neighboring properties range in size from 0.15-acres to 1.8-acres. 3. The entire neighborhood if zoned Recreation inconsistent with the Remote Ag Forest designation. 4. The proposed amendment is near Resort Community Designation. 5. The subject property and neighborhood appear to be consistent with a Resort Community designation. 6. Sewer is provided by Granite-Reeder Water and Sewer District 7. Water is provided by an on-site well. 8. Access is provided to the area by Copper Bay Road, a 30-foot gravel access road. Conclusions of Law: Based upon the findings of fact, the following conclusions of law are adopted: Conclusion 1 The proposed comprehensive plan map amendment 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 File #AM163-18/ZC366-18 June 7, 2018 Page 8 of 10
MOTION TO DENY: I move to recommend denial of this project FILE AM163-18 requesting a comprehensive plan amendment for the subject property from Remote Ag/Forest to Resort Community, based upon the following conclusions: [REFER TO FOLLOWING 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. /Motion 2/ Zone Change Motion by the Governing Body: PLANNING AND ZONING COMMISSION MOTION TO APPROVE: I move recommend approval of this project, FILE ZC366-18, requesting a zone change for a portion of the subject property, as described, from Forest 40 to Recreation, 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. Zone Change Findings of Fact 1. The parcel is 0.56 acres split between a Forest 40 zone and a Recreation zone. 2. The neighboring properties range in size from 0.15-acres to 1.8-acres. 3. The entire neighborhood if zoned Recreation inconsistent with the Remote Ag Forest designation. 4. The property is proposed to be designated Resort Community. 5. Sewer is provided by Granite-Reeder Water and Sewer District 6. Water is provided by an on-site well. 7. Access is provided to the area by Copper Bay Road, a 30-foot gravel access road. File #AM163-18/ZC366-18 June 7, 2018 Page 9 of 10
Zone Change Conclusions of Law: Based upon the findings of fact, the following conclusions of law are adopted: Conclusion 1 The proposed zone change is in accord with the Bonner County comprehensive plan. 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 found to be in compliance. Conclusion 3 The proposal is in accord with the purpose of the Recreation zoning district, provided at Chapter 3, Bonner County Revised Code. Conclusion 4 The proposal is appropriate for the area based on the existing and surrounding uses as a recreation area for winter and summer activities. MOTION TO DENY: I move to recommend denial of this project FILE ZC366-18 requesting a zone change for a portion of the subject property, as described, from Forest 40 to Recreation, based upon the following conclusions: [REFER TO FOLLOWING 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. File documents are available on the website at https://www.bonnercountyid.gov/file-am163-18-zc366-18 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 #AM163-18/ZC366-18 June 7, 2018 Page 10 of 10