BONNER COUNTY PLANNING DEPARTMENT PLANNING AND ZONING COMMISSION STAFF REPORT FOR March 1, 2018 Project Name: Amendment & Zone Change: Spirit Lake North, LLC File Number,Type: AM 162-18/ZC365-18 Request: Legal Description: Location: Parcel Size: Applicant: Project Representative: Property owner: The applicant is requesting a 280 acre comprehensive plan map amendment from map designation Agriculture / Forestry 10-20 acre lot size minimums, to Rural residential 5-10 acre minimums. In addition a zone change from A/F-10 to R-5. The Southeast Quarter of the Northwest Quarter; and the East Half of the Southwest Quarter; and the Southeast Quarter all in Section 21, Township 54 North, Range 4 West Boise Meridian. The site is generally located Northeast of Spirit Lake on Goldfinch Lane. ±280 acres Spirit Lake North, LLC : Martin E. Taylor, AICP James A. Sewell and Associates 1319 North Division Ave. Sandpoint, ID 83864 Martin E. Taylor, AICP James A. Sewell and Associates 1319 North Division Ave. Sandpoint, ID 83864 Same as applicant Application filed: December 27, 2017 Notice provided: Mail: February 5, 2018 Site Posting: February 15, 2018 Published in newspaper: February 7, 2018 File #AM162-18 & ZC365-18 March 1, 2018 Page 1 of 10
Project map Project summary: The applicants are requesting a comprehensive map amendment to from AG/ Forest 10-20 acre minimums to Rural residential 5-10 acre minimums, and concurrent zone change from Agriculture/Forestry-10 (A/F-10) to Rural-5 (R-5). The project area is 280 undeveloped acres, flanked by state forest land to the east and south and 20 acre Agricultural Forestry residential lots to the north, and 5 acre Agricultural Forestry residential lots to the west. If approved, the new zoning district would allow for 5 acre lots to be created through future subdivision. Uses within the Rural residential zone allow for nearly the same uses as the A/F-10 zone. The lot is located Northeast of the city of Spirit Lake. 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 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 File #AM162-18 & ZC365-18 March 1, 2018 Page 2 of 10
BCRC 12-322 Agriculture/Forestry zoning district Background: A. Site data: The property is a 280-acre parcel that is undeveloped. B. Access: Access is provided by Goldfinch Lane, via Cardinal Lane via Peregrine road. Peregrine road and Cardinal lane lie within a 60-foot wide ingress-egress easement. Both roads have paved travel surfaces, Goldfinch is graveled. C. Environmental factors: The site is predominately flat. Small southwesterly slopes exist around 2%. The property contains no surface water, flood hazard area (ZONE: X, FIRM: 1125E), wetlands, or riparian area. However, the site does have prime agricultural soils, designated as Bonner Gravelly Silt Loam. D. Services: The site would be served by individual septic systems, and individual wells. Wells in the area range from 16 gallons per minute (gpm) to 60gpm. The site lies within the Spirit Lake Fire District, as well as the West Bonner School District. E. Comprehensive Plan, Zoning and Current Land Use Compass Comp Plan Zoning Current Land Use & Density Site Ag/forest Land A/F-10 Undeveloped Land; 280 acres North Ag/forest Land A/F-20 Residential lots; 20 acres East Ag/forest Land A/F-20 Forest Land South Ag/forest Land A/F-20 Forest Land West Ag/forest Land A/F-20 Rural Residential; 5 acres 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). G. Proposed Comprehensive Plan Land Use Designation Comprehensive Plan Designation Rural residential provides for residential development in areas where urban services are not available and slopes may vary up to 30%. These areas include hazards and critical wildlife habitats, where lower densities reduce potential impacts to resources and exposures to loss of property or lives. Small scale agricultural uses and residential development are permitted. Provided Slopes are 2%, according to the application Private roads provide access Individual systems will be utilized The site is designated as containing prime agriculture soils. File #AM162-18 & ZC365-18 March 1, 2018 Page 3 of 10
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 characteristics of the subject acreage, including access suitable for emergency vehicles, sewage disposal suitability and well water availability, the area is satisfactorily suited for the R-5 zoning and the corresponding 5-acre lot size minimum. 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, Section 12-215(c). 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. J. Agency Review The application was routed to agencies for comment on February 5, 2018. The following agencies commented: USFS, IDEQ, PHD, Inland power and light commented: No comment. Spirit Lake Fire District, Fire Chief Jon DeBernardi commented: Describing there is need for an additional ingress /egress point to the area, in addition requesting the roads to be paved due to health and public safety concerns. See Notational recommendation below. K. Public Notice & Comments The following public comments were received: Numerous letters, phone calls and office visits from residents surrounding the proposal have stated concern for the poor condition of the road and the singular access point to and from the subdivision. Comments submitted have echoed the need for proper road safety standards in event of an emergency. The applicant has responded to these concerns. Please see public comment attachments for details. Staff analysis: Staff concluded this project is consistent with Bonner County Revised Code and Comprehensive Plan, based upon the following: The Bonner County Comprehensive Plan designation of Rural residential allows for zoning designations of either R-10 as well as R-5. Surrounding land uses include properties of 5 acres with rural residential uses, 20 acre parcels, as well as State forested land to the east and south. While the site contains prime agricultural soils, staff concludes the area is suitable for comprehensive map designation Rural residential and Rural-5 zoning. Agency and public comments submitted concern the health and safety of property owners in an File #AM162-18 & ZC365-18 March 1, 2018 Page 4 of 10
around the subdivision, specifically regarding the condition of Goldfinch road, which is gravel, and only one point of entry/exit. Rezoning 280 acres to 5 acre minimums leads to the potential of an additional 56 lots added through subdivision. The section where this development is occurring is surrounded by largely undeveloped forest, being flanked on all sides by state forest lands. BCRC 12-261 provides guidelines for amendment application, it states 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) In analysis of a projects efficacy in relation to the comprehensive plan, we refer to each elements Implementation portion of the comprehensive plan. Under the Property Rights element, the Goals portion aids in establishing that property rights are a Two way street and that adjoining landowners and future generations shall be considered. The Objectives portion provides instruction to consider Impacts to other properties shall be taken into account when considering land use proposals, policies and codes Policies dictate that Bonner County shall consider the attorney general's checklist, proscribed at Idaho Code 67-8003 and provided in the Property Rights component of the counties comprehensive plan, for all land use decisions When considering adjoining landowners and the future generations within this property rights element, we must consider the future impact that further subdivision will allow, creating potential for an additional 56 lots. When considering a potential 56 more lots to be created, and a singular access point to the project area and in order to maintain the intent of the Property Rights element, the planning department recommends that that the applicant develop road standards in excess of the minimums outlined in Title 12 appendix. In review of IC 67-8003, the county does not view road development standards to violate this policy of Property Rights. The proposed project meets the requirements within the Population element. The proposed project meets the requirements within the School facilities and Transportation element. The proposed project meets the requirements within the Economic Development element. The proposed project meets the requirements within the Land Use element. The proposed meets the requirements within the Natural resources element. Hazardous Areas The intent of this element is to enable Bonner County Planning to..protect its community from the loss of lives and property and to reduce public and private financial loss due to flood, fire, mass wasting, avalanches and excessive slopes by setting standards for development within hazard areas and discouraging development in high hazard areas. Objectives states that Future development shall be designed to reduce the exposure to wildland fire and to provide for emergency and escape routes for residents. The Policies portion instructs that The county s wildland fire, urban/wildland interface policies and plan should be integrated into development patterns and standards. Analysis of the Bonner County Comprehensive Plan Hazardous areas component, Chapter 4 WILDFIRE, subchapter 4.3 -Protection, outlines factors that must be considered during land development that assist in the prevention of spread of wildfire. Two factors therein warrant further consideration, specifically Poor roads make fire vehicle access difficult, particularly during winter weather And Wide streets with more than one access route provide rapid, safe File #AM162-18 & ZC365-18 March 1, 2018 Page 5 of 10
fire suppression efforts. Single entry/ exit roadways create traffic bottlenecks during emergency fire operations. By ensuring paved road development during amendment process, staff concludes that addressing this portion of the comprehensive plan is indeed sufficient to satisfy BCRC 12-216. The agency and public comment period has identified concerns and the need for developed road access. In addressing these concerns staff has included a notational recommendation. Should the governing boards determine that future divisions of land within the rezone boundaries warrant paved surfaced low volume private roadways, and absent the development agreement opportunity, The below notation is recommended to be placed within the rezone ordinance in lieu of Conditional approval. Staff recommendation: (APPROVE, with Notational recommendation ) See Staff Analysis above. Planner s Initials: MP Date: 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. Comprehensive Plan Amendment Motion by the governing body: PLANNING COMMISSION MOTION TO APPROVE: I move to recommend approval to the county commissioners, this project FILE AM 162-18 a comprehensive plan map change, from Agriculture/Forestry- 10-20 acre minimums to Rural residential 5-10 acre minimums, 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 AM 162-18 a comprehensive plan map change, from Agriculture/Forestry- 10-20 acre minimums to Rural residential 5-10 acre minimums, 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. File #AM162-18 & ZC365-18 March 1, 2018 Page 6 of 10
Findings of Fact 1. The subject property is designated as Ag/Forest Land by the Bonner County Comprehensive Plan. 2. Martin E. Taylor submitted a land capability report concluding the property is adequately suited for the Rural residential zone 3. Future sewage disposal will be handled through individual systems. 4. Water will be provided by individual wells. 5. The property has private road access via Peregrine Road and Cardinal lane. 6. The property is located within the Spirit Lake Fire District. 7. Surrounding properties are used for single-family residential on 5-acre lots to the west, with 20-acre parcels to the north, and forest land to the south and east. 8. The property contains no wetlands, surface water, flood hazard area, or steep slopes. 9. The property does contain prime agricultural soils. (Bonner Gravelly Silt Loam) 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. (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 found to be in compliance. Conclusion 3 The proposal is in accord with the purpose of the intended zoning district, provided at Chapter 3, Bonner County Revised Code. File #AM162-18 & ZC365-18 March 1, 2018 Page 7 of 10
Zone Change Motion by the Governing Body: PLANNING AND ZONING COMMISSION MOTION TO APPROVE: I move to recommend approval to the County Commissioners this project FILE ZC365-18 to change the zoning designation for the subject property from A/F-10 to R-5 with 5 acre minimums, 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 ZC365-18 to change the zoning designation for the subject property from A/F- 10 to Rural-5, 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. Zone Change Findings of Fact: 1. The subject properties proposed designation is rural residential. 2. A land capability report concludes the property is adequately suited for the R-5 zone 3. Future sewage disposal will be handled through individual systems 4. Water shall be provided by individual wells. 5. The property has private road access via Peregrine Road and Cardinal lane. 6. The subject property is located within the Spirit lake Fire District. 7. Surrounding properties are used for single family dwellings, with 5- acre lots to the west and 20 acre lots to the north. File #AM162-18 & ZC365-18 March 1, 2018 Page 8 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. (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 found to be in compliance. Conclusion 3 The proposal is in accord with the purpose of the intended zoning district, provided at Chapter 3, Bonner County Revised Code. Notational recommendation: Should the governing boards determine that future divisions of land within the rezone boundaries warrant paved surfaced low volume private roadways, and absent the development agreement opportunity, The following notation is recommended to be placed within the rezone ordinance in lieu of Conditional approval. Future divisions of land within the rezone boundaries described herein shall be developed with roadways meeting the low volume private road standard set forth in Bonner County Revised Code, Title 12, Appendix A, Section 2.5A. Such roadways shall be paved. Because zone change ordinances are recorded, such a notation will necessarily run with the land, thereby placing future plat applicants on notice as to the road requirements. File #AM162-18 & ZC365-18 March 1, 2018 Page 9 of 10
Attachments: Amendment Proposed Comprehensive Plan Map Application Legal Notice/Map Land Capability Report Public comments Attachments: Zone change Site Plan Application Legal Notice/Map 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 #AM162-18 & ZC365-18 March 1, 2018 Page 10 of 10