planning & zoning commission july 14, 2020 special call … · 2020. 7. 1. · latham, carey,...

Location: Confrence Room 165, Community Development, City Hall; 408 N Spokane St

SPECIAL CALL MEETING – 10:30 AM CALL TO ORDER

Please Turn Off Your Cell Phones PLEDGE OF ALLEGIANCE ROLL CALL OF PLANNING & ZONING COMMISSION MEMBERS Davis, Carey, Whalen, Kimball, Steffensen, Hampe Latham - EXCUSED AMENDMENTS TO THE AGENDA Final action cannot be taken on an item added to the agenda after the start of the meeting unless an emergency is declared that requires action at the meeting. The declaration and justification must be approved by motion of the Council.

CEREMONIES, ANNOUNCEMENTS, APPOINTMENTS, PRESENTATION DECLARATION OF CONFLICT Commission members are requested to declare if there is a conflict of interest, real or potential, pertaining to items on the agenda.

1. CONSENT CALENDAR The consent calendar includes items which require formal Commission action, but which are typically routine or not of great controversy. Individual Commission members may ask that any specific item be removed from the consent calendar in order that it be discussed in greater detail. Explanatory information is included in the Commission agenda packet regarding these items and any contingencies are part of the approval.

ACTION ITEMS:

A. Meeting Minutes 6-9-2020 B. Land App Annexation File No. ANNX-0002-2020 Reasoned Decision C. Community Forest Annexation File No. ANNX-0003-2020 Reasoned Decision

2. CITIZEN ISSUES (WRITTEN COMMENTS ONLY – SUBMIT VIA EMAIL TO [email protected] NO LATER THAN 4:00 PM ON THE DATE OF THE MEETING).

PLANNING & ZONING COMMISSION July 14, 2020 SPECIAL CALL MEETING AGENDA 10:30 AM

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City of Post Falls Planning & Zoning Commission Agenda July 14, 2020

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This section of the agenda is reserved for citizens wishing to address the Commission on an issue that is not on the agenda. Comments on issues that are planned for future meeting agendas should be held for that meeting.

3. UNFINISHED / OLD BUSINESS

4. PUBLIC HEARINGS

Items listed as public hearings allow citizen comment on the subject matter before the Commission. Residents or visitors wishing to comment upon the item before the Commission should follow the procedural steps. In order to testify, individuals must sign up in advance, providing sufficient information to allow the Secretary to properly record their testimony in the official record of the Planning and Zoning meeting. Hearing procedures call for staff presentation, applicant presentation followed by public testimony. Testimony by the public will be limited to 4 minutes per person.

5. NEW BUSINESS

6. ADMINISTRATIVE/STAFF REPORTS

7. COMMISSION COMMENTS

8. ADJOURNMENT

Questions concerning items appearing on this Agenda should be addressed to the Community Development Department – Planning Division at 208-773-8707.

The City Hall building is handicapped accessible. If any person needs special equipment to accommodate their disability, please notify the City Media Center at least 24 hours in advance of the meeting date. The

Media Center telephone number is 208-457-3341. Thank you. Planning & Zoning Commission meetings are broadcast live on Post Falls City Cable on cable channel 1300

(formerly 97.103). City videos are also available as video on demand on the City website.

Chair: Ryan Davis Vice Chair: Ray Kimball Members: Mark Latham, Vicky Jo Carey, Nancy Hampe, Lora Whalen, James Steffensen

Location: Via Zoom and/Facebook Live Streaming on City of Post Falls Facebook Page To register for the Zoom meeting please click here: https://zoom.us/webinar/register/WN_IZ7S_ejrQ162NpjRiQ2orw For public hearing information please click here: https://www.postfallsidaho.org/your-government/public-hearings/

REGULAR MEETING – 6:00 pm Zoom Meeting CALL TO ORDER

Please Turn Off Your Cell Phones PLEDGE OF ALLEGIANCE ROLL CALL OF PLANNING & ZONING COMMISSION MEMBERS Davis, Whalen, Kimball, Steffensen Latham, Carey, Hampe - EXCUSED AMENDMENTS TO THE AGENDA Final action cannot be taken on an item added to the agenda after the start of the meeting unless an emergency is declared that requires action at the meeting. The declaration and justification must be approved by motion of the Council.

N/A CEREMONIES, ANNOUNCEMENTS, APPOINTMENTS, PRESENTATION N/A DECLARATION OF CONFLICT Commission members are requested to declare if there is a conflict of interest, real or potential, pertaining to items on the agenda. N/A

1. CONSENT CALENDAR The consent calendar includes items which require formal Commission action, but which are typically routine or not of great controversy. Individual Commission members may ask that any specific item be removed from the consent calendar in order that it be discussed in greater detail. Explanatory information is included in the Commission agenda packet regarding these items and any contingencies are part of the approval.

PLANNING & ZONING COMMISSION June 9, 2020 MEETING MINUTES 6:00 PM

https://zoom.us/webinar/register/WN_IZ7S_ejrQ162NpjRiQ2orw

https://www.postfallsidaho.org/your-government/public-hearings/

City of Post Falls Planning & Zoning Commission Agenda June 9, 2020

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ACTION ITEMS:

A. Meeting Minutes 5-26-2020 B. Simon Zone Change File No. RZNE-0003-2020 Reasoned Decision C. North Place East Subdivision File No. SUBD-0006-2020 Reasoned Decision D. North Place East PUD File No. PUD-0004-2020 Reasoned Decision Motioned for approval by Whalen, as presented. 2nd By: Steffensen Vote: Kimball – Yes; Whalen – Yes; Steffensen – Yes; Davis - Yes Moved

2. CITIZEN ISSUES (WRITTEN COMMENTS ONLY – SUBMIT VIA EMAIL TO [email protected] NO LATER THAN 4:00 PM ON THE DATE OF THE MEETING). NONE

This section of the agenda is reserved for citizens wishing to address the Commission on an issue that is not on the agenda. Comments on issues that are planned for future meeting agendas should be held for that meeting.

3. UNFINISHED / OLD BUSINESS

N/A

4. PUBLIC HEARINGS

Items listed as public hearings allow citizen comment on the subject matter before the Commission. Residents or visitors wishing to comment upon the item before the Commission should follow the procedural steps. In order to testify, individuals must sign up in advance, providing sufficient information to allow the Secretary to properly record their testimony in the official record of the Planning and Zoning meeting. Hearing procedures call for staff presentation, applicant presentation followed by public testimony. Testimony by the public will be limited to 4 minutes per person.

A. Community Forest Annexation File No. ANNX-0003-2020, Jon Manley, Planning Manager, to present (ACTION ITEM) – City staff is requesting a recommendation to annex approximately 437 acres into the City of Post Falls with a zoning request of Public Reserve (PR). The recently adopted zoning designation is used for existing and future public uses along with governmental, public utilities, educational, recreational, cultural, water reuse, agricultural and environmental uses. This zoning designation does not allow privately-owned development. This request is generally located south of the Spokane River and west of Q’emlin Park. Its current use is recreational and planned Land Application, this is a heavily treed area with access to the Spokane River. Our plan is to keep the natural beauty in this area. Water and Sewer provider is the City of Post Falls however, we do not anticipate needing those services for this site. The adjacent zoning, Q’emlin Park, is Single-Family Residential (R-1) previously we zoned these types of spaces this way and requesting a Special Use Permit for different uses within however, we didn’t find this method favorable for larger pieces of land hence the newly adopted Public Reserve (PR) zoning designation. With this, the Public Reserve designation is consistent to the surrounding area and meets the goals within the Future Land Use Map and Comprehensive Plan. This property meets the Public Reserve guidelines as it more than the minimum 20 contiguous acres. The criteria that

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speaks to commercial, higher density and industrial zoning is not applicable to this request. All agencies were noticed and Avista commented with 3 concerns, their concerns have merit and City Administration and Staff are working with Avista regarding them, the annexation is not the appropriate time to address the concerns. Mr. Cafferty is available for any comments or questions regarding this matter. Davis – For clarification, we are here for the Annexation and not the land use currently, correct? Manley – Correct, and you are only making a zoning recommendation to Council, Council will make a decision on the Annexation. Whalen – I am new, can you tell me when the Public Reserve zoning was adopted? Manley – Within the last 12 months. Cafferty – To clarify Avista’s comments, they are more toward the security and annexing of their own property and is not an action item of its own tonight, correct? Manley – Correct. To add another benefit of this property coming in would be more of a police presence south of the Spokane River. Davis – Currently it is monitored by the county and if annexed it would be monitored by the Post Falls Police Department, Correct? Manley – Correct. Testimony: In Favor: None Neutral: None In Opposition – Scott Thorsness, 423 S. Marion Ct – no comments just in opposition. Other Questions from the Commission: Whalen – Is the wastewater regulated as far as phosphorous content by the EPA? Borrenpohl, Utilities Manager – That depends on the discharge, right now phosphorous, for what we plan to do with the Land App, is regulated by the State of Idaho Department of Environmental Quality, will be a reuse permit. For surface water, that would be a different permit application. Kimball – In most cases an annexation would bring water and sewer connection, will there be plans for those connections in the future? Borrenpohl – There is no plan to do that. Steffensen – My question was answered and reading citizen comments about possible single-family homes out there, is there plans to build homes, this is just an annexation and will be a park, correct? Manley – The intent is to have one large land holding and to subdivide for houses. The zone will not allow for privately developed houses. Cafferty – What is the present use of the property? Manley – It is used for Land App and recreational uses. Comments: Steffensen – My family utilizes those parks all the time and it is nice to have another area to hike. Whalen – There are some wonderful trails back in there and you can keep your social distancing as well.


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Kimball – This is a situation where the city owns property outside its own boundaries. By annexing it in, the city has more control as far as zoning and a use standpoint. This is a zone designed for properties like this one. Davis – I agree, and to address some concerns, it has no intention for residential buildings and is a piece of property that will continued to be monitored by EPA and DEQ.

Motioned for approval by: Whalen recommend for approval to City Council with Public Reserve (PR) zoning designation. 2nd By: Steffensen Vote: Kimball – Yes; Steffensen – Yes; Whalen – Yes; Davis - Yes Moved

B. Land App Annexation File No. ANNX-0002-2020, Jon Manley, Planning Manager, to present

(ACTION ITEM) – The City of Post Falls and the School District are requesting approval to annex approximately 717 acres into the City of Post Falls with a Public Reserve (PR) zoning designation. The zoning designation accommodates existing and future public uses along with governmental, public utilities, educational, recreational, cultural, water reuse, agricultural and environmental uses. This zoning designation does not allow privately-owned development. The property is generally located north of the future Bodine Avenue, east of Chase Road, west of HWY 41. The property the school has interest in is on the southeast corner of N Chase Rd and W Hayden Ave. There was a Real Property Exchange Agreement completed for them to acquire the 70 acres. Jerry Keane sent an email expressing their support with the annexation. Current land use is large agriculture tracts with a single residence and the City of Post Falls does own this property and has leased the property out for agricultural uses. There is no significant topography or vegetation matters that present a hazard. Majority of this site is served by East Greenacres for water and some is not, and sewer would be provided by the City of Post Falls. The City has owned this property for a long time, and it has been in the plan for the city to do Land Application. Street classification and traffic patterns; there are no known issues at this site. It is contiguous to Crown Pointe and the Technology Mixed property, so it is eligible for annexation and the Public Reserve zoning is compatible to the surrounding zoning and area and providing some open space with the Land Application. The current Future Land Use Map doesn’t identify this area however, in the propose Future Land Use it shows as a transition space. The Public Reserve is appropriate for all land uses which makes it consistent with the Future Land Use Map and for areas that are 20 acres or larger. Commercial, residential uses, and industrial use criteria is not applicable. All agencies have been routed and the Post Falls Police Department remain neutral and East Greenacres voiced their concern, I will have Mr. Borrenpohl address them. Borrenpohl - We share their concerns for protecting the aquifer the city draws our water from the Rathdrum Prairie Aquifer as well. As previously discussed, permits for these types of sites is done through Idaho Department of Environmental Quality which is a process and allows for public comment. The permit for Land Application will be routed through DEQ and any concerns they have will be addressed at that time. This is separate from the Annexation process we are currently just looking to bring in this property into the city so we can have more control and be able to enforce city code. Davis – Thank you, that is an important statement and all we are looking for is annexation and these concerns do not really apply tonight. Manley – Important note is before anything happens there is a separate permitting process first and right now, we are only looking to get zoning for it.


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Kimball – You mentioned part is within the East Greenacres district and the other would be within the Ross Point Irrigation District, correct? Manley – I did not research the specifics of that however Mr. Borrenpohl might be able to speak to it. Borrenpohl – I would have to get back to you, I don’t know it off hand. Manley – I can pull up GIS and look it up for you. Davis – While they are researching any other questions? Kimball – So, with the School District interested in part of this, will sewer be available? Water is if it is within the East Greenacres District. Borrenpohl – We have identified a possible route for sewer, yes. It would connect through Crown Pointe. Manley – GIS shows Greenacres to the west and the shaded grey is to the west, Mr. Borrenpohl, what does that mean? Borrenpohl – It means this isn’t annexed in however, it is in Ross Point’s service area. I think the city would obtain the water rights for agricultural purposes. Cafferty – It would depend on what properties have a service agreement with a water purveyor and other specifics to any other agreements to be in place. Generally, Mr. Kimball, you are correct the city usually requires the surrendering of water rights on annexed property to include those water rights so they can provide water throughout the city. Testimony: In Favor: None Neutral: Blanchette – Sarah Graham, is neutral and does not wish to speak; William Bauman, is not present and neutral with no comments. Steve Satchwell, 9522 Academy Hills Dr., Albuquerque NM – I own 112 acres of which you are wishing to annex part into the city tonight, my property runs from the south of Hayden and down the westside of Greensferry the railroad runs through it. My question is why only annex part of my land and not the rest of it? Is there a reason why you are not including the whole property at this time? Davis – At this time if you want to continue with your comments and we will make note and turn it over to staff to answer your questions. Satchwell – I am not opposed to what you are doing, I think I understand what the long-term plan is, and I don’t want to stand in your way. I am just curious because it looks like you are annexing half of my land and not the other half. I have had offers from people to buy me out and develop it; I am currently renting out the land to TNT Farm for agricultural uses. In Opposition: None Rebuttal: Kimball – I want to point out that Carey has joined us for the record. Manley – When we look at GIS you can what properties the city owns and what property Mr. Satchwell owns. The city’s property is to the north and to the west of Mr. Satchwell’s. So, when you look at the Vicinity Map of the property in question you can see that north part of what the City of Post Falls owns and to the west. Mr. Satchwell’s property is directly southeast, adjacent, but southeast of the proposed annexation. Davis – So, it is adjacent but not included in the annexation. Manley – Correct. Davis – Mr. Cafferty, can we get Mr. Satchwell back up, did you have questions for him?


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Cafferty – No, Mr. Manley clarified it for me, I do think it is a good idea to get Mr. Satchwell back on to clarify that we are not annexing his property, which I believe we are not. Seale – To make a note, the property to the north is what the school district recently bought and traded with us for the piece further to the west. Satchwell – Thank you for your clarification, I remain neutral on the action. Comments: Davis – Commissioner Carey welcome. Carey – I am going to abstain from voting only because I haven’t heard most of the testimony. Whalen – I believe this was well explained and appreciate the response to Mr. Satchwell. Kimball – City/School District land within the county; with regards to the school district they will need public services such as water and sewer. Public Reserve is a great zoning for that use it gives the pubic assurance that it will remain in public hands for those civic uses, etc. The remaining land owned by the city will remain for Land Application and not for developers. We hear often the pushback for annexing and developing and preserving our open space and prairie this will do that exact thing. Steffensen – Kimball said it well, we are all concerned about the environment I believe those are separate from this request.

Motioned for approval by: Steffensen recommend for approval to City Council with Public Reserve (PR) zoning designation. 2nd By: Kimball Vote: Whalen – Yes; Steffensen – Yes; Kimball – Yes; Davis - Yes Moved C. Idaho St. House Keeping Ordinance Update File No. TA-0001-2020, Jon Manley, Planning

Manager, to present (ACTION ITEM) – Seeking to assure that non-residential uses be constructed along Idaho or Spokane Streets. The code currently only states Spokane street must be used for non-residential uses; we want to add Idaho or Spokane Streets must be used for non-residential uses within the SC5 and SC6 zoning districts. This is the area within the city center plan. The Veneer Plan has been purchased by the developer on this project and I informed them of this code change; in their response they stated they are on board with this change. Within our city center plan, we are looking for the building to front the streets with the parking being towards the back, unlike most of Post Falls commercial developments where the parking is in the front and the building is set back. Without this code change you could potentially see only multi-family with no non-residential spaces. All agencies have been notified with no comments in return. Whalen – So, this is a small area that is new construction? Manley – The current code affected maybe 5 blocks that front Spokane Street some has pre-existing development that are all conforming with this code section. We are asking for the same code to front Idaho Street where the mill building currently sits. Testimony: In Favor: None Neutral: None In Opposition: None


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Comments: Kimball – I appreciate staff reaching out to the landowners for this change, too often things change, and landowners do not always check on them. Carey – I am happy to see things moving forward in trying to get the city center going. Steffensen – As we see development it will start to reflect how we are wanting the city center to look. Whalen – I agree with everyone.

Motioned for approval by: Carey recommend for approval to City Council as presented 2nd By: Whalen Vote: Kimball – Yes; Whalen – Yes; Steffensen – Yes; Carey – Yes; Davis - Yes Moved

5. NEW BUSINESS

N/A

6. ADMINISTRATIVE/STAFF REPORTS N/A

7. COMMISSION COMMENTS N/A

8. ADJOURNMENT

MOVED TO ADJOURN – KIMBALL 6:57PM On March 18, 2020 Idaho Governor Brad Little issued a Proclamation suspending the requirement contained in Idaho Code 67-74-20(5) that the public be able to physically

attend the Planning and Zoning meeting until the end of the declared COVID-19 emergency.

Questions concerning items appearing on this Agenda should be addressed to the Community Development

Department – Planning Division at 208-773-8707. The City Hall building is handicapped accessible. If any person needs special equipment to accommodate their disability, please notify the City Media Center at least 24 hours in advance of the meeting date. The

Media Center telephone number is 208-457-3341. Thank you. Planning & Zoning Commission meetings are broadcast live on Post Falls City Cable on cable channel 1300

(formerly 97.103). City videos are also available as video on demand on the City website.

Chair: Ryan Davis Vice Chair: Ray Kimball Members: Mark Latham, Vicky Jo Carey, Nancy Hampe, Lora Whalen, James Steffensen

Date Chair Attest

Planning and Zoning Reasoned Decision: ANNX-0002-2020 July 14, 2020 Page 1

Land App Annexation File No. ANNX-0002-2020

Planning and Zoning Commission

Reasoned Recommendation

A. INTRODUCTION:

APPLICANT: CITY OF POST FALLS and POST FALLS SCHOOL DISTRICT – JON MANLEY

LOCATION: GENERALLY LOCATED NORTH OF THE FUTURE BODINE AVE. EAST OF CHASE RD., AND WEST OF HWY41.

REQUEST: ANNEXATION OF 717 ACRES WITH THE PUBLIC RESERVE (PR) ZONE

B. RECORD CREATED:

1. S-1 Staff Vicinity Map 2. S-2 Staff Zoning Map 3. S-3 Staff Future Land Use Map 4. S-4 Land Exchange – Post Falls School District 5. PA-1 PFPD Comments 6. PA-2 East Greenacres Comments 7. PA-3 Superintendent Comments 8. PC-1 Bauman Comments 9. PC-2 Sorenson Comments 10. PC-3 Saul Comments 11. PZ Staff Report 12. Testimony at the June 9, 2020 Planning and Zoning Hearing: Jon Manley, Planning Manager. Mr. Manley presented the request to the Planning and Zoning Commission (hereinafter “the Commission”) at the June 9, 2020 public hearing, conducted via a ZOOM Meeting on-line and live streamed via the City of Post Falls’ Facebook page, and explained that the requested action is for the Commission to review the proposed zoning for the property that is requesting Annexation of approximately 717 acres and to make a recommendation to the City Council as to the appropriateness of the proposed Public Reserve (PR) zoning designation. The property is generally located north of the future Bodine Avenue, east of Chase Road, west of HWY 41 and more specifically described (See Exhibit S-4)

That portion of the southwest quarter of Section 13, the North half of Section 22 and the North half

of Section 23 all within Township 51 North, Range 5 West, Boise Meridian, Kootenai County,

Idaho, described as follows;

BEGINNING at the West quarter corner of said Section 22; Thence along the West line of the

northwest quarter of said Section 22, North 01° 06' 13" East a distance of 1973.08 feet;

Thence South 88° 53' 44" East a distance of 475.00 feet;


Thence North 01° 06' 13" East a distance of 675.13 feet to the North line of said Section 22;

Thence along said North line, South 88° 58' 44" East a distance of 2170.30 feet to the North quarter

corner of said Section 22;

Thence along the North line of said Section 22, South 88° 58' 56" East a distance of 2648.31 feet to

the northwest corner of said Section 23;


the North quarter corner of said Section 23;


the Northeast corner of said Section 23;

Thence along the East line of said Section 23, South 00° 38' 19" West a distance of 1243.50 feet to

the northwesterly right of way of Spokane International Railroad;

Thence along said northwesterly line, South 55° 59' 58" West a distance of 142.28 feet to the South

line of the North half of the northeast quarter of said Section 23;

Thence along said South line, North 88° 52' 02" West a distance of 2534.99 feet to the southwest

corner of said North half of the northeast quarter;

Thence along the East line of the northwest quarter of said Section 23, South 00° 51' 50" West a

distance of 1325.31 feet to the southeast corner of said northwest quarter;

Thence along the South line of said northwest quarter, North 88° 52' 21" West a distance of 2654.04

feet to the quarter corner common to Section 22 and 23;

Thence along the South line of the North half of said Section 22, North 88° 56' 40" West a distance

of 5304.61 feet to the POINT OF BEGINNING;

AND TOGETHER WITH AND INCLUDING THE FOLLOWING PARCEL:

The Southwest quarter of said Section 13, Township 51 North, Range 5 West, Boise Meridian,

Kootenai County, Idaho more particularly described as follows:

BEGINNING at the southwest corner of said Section 13; thence along the West, North, East and

South lines of said southwest quarter the following courses:

1) North 01° 06' 24" East a distance of 2650.61 feet;

2) South 88° 10' 28" East a distance of 2677.71 feet;

3) South 01° 04' 47" West a distance of 2643.50 feet;

4) North 88° 19' 37" West a distance of 2678.86 feet to the POINT OF BEGINNING

EXCEPT the following Spokane International Railroad right of way described as follows:


Commencing at the South quarter corner of said Section 13; thence along the South line of said

southwest quarter, North 88°19’37” West a distance of 797.64 feet to the southeasterly right of way

of said Spokane International Railroad, said point being the TRUE POINT OF BEGINNING;

Thence continuing along said South line, North 88° 19' 37" West a distance of 172.65 feet to the

northwesterly right of way of said Spokane International Railroad;

Thence along said northwesterly right of way, North 56° 16' 39" East a distance of 1181.59 feet to

the East line of said southwest quarter;

Thence along said East line, South 01° 04' 47" West a distance of 121.78 feet to said southeasterly

right of way of Spokane International Railroad;

Thence along said southeasterly right of way, South 56° 16' 39" West a distance of 971.35 feet to the

POINT OF BEGINNING;

The entire annexation containing 31,240,601 square feet or 717.186 acres more or less. This is a joint application for annexation and initial zoning by the City of Post Falls and Post Falls School District 273. The applicants own adjoining properties that are adjacent and contiguous to the current City boundaries and have applied collaboratively to more efficiently utilize public resources. The subject site is currently being farmed, and most of the nearby property outside of the City is larger tracts of residential property. Properties to the south are within the City and are residential in nature within the Crown Pointe subdivision. Public Testimony: Chairman Davis opened the floor for public testimony. In Favor: None Neutral:

- Sarah Graham: submitted a written comment but did not speak; - William Bauman: signed-up to speak but was not present; - Steve Satchwell, 9522 Academy Hills Dr., Albuquerque NM.

o Mr. Satchwell testified that he believed that his property, or a portion thereof, was being annexed as well and that the wished to have all his property annexed into the city. Following Mr. Satchwell’s testimony staff reviewed the boundaries of Mr. Satchwell’s property and were able to clarify for Mr. Satchwell and the Commissioners that the annexation did not include any of Mr. Satchwell’s property. The only owners of record of the properties being proposed for annexation and zoning are the City of Post Falls and the Post Falls School District.

Opposed: None

C. EVALUATION OF APPROVAL CRITERIA FOR INITIAL ZONING UPON ANNEXATION: C1. Zoning is assigned following consideration of such items as street classification, traffic

patterns, existing development, future land uses, community plans, and geographic or natural features (M.C. 18.16.010).


The applicants have requested Public Reserve (PR) zoning for the properties to be annexed. The

staff report indicates, and the Commission finds, that the properties are designated Residential on the Future Land Use Map, which is consistent with the requested PR zoning. As such, we find that the requested PR zone is consistent with the future land uses in the area as discussed in greater detail below.

Compatibility with Street Classification, Traffic Patterns and Community Infrastructure Plans:

This annexation request is for Public Reserve Zoning to accommodate such existing and future public uses, as, but not limited to governmental, public utility, educational, recreational, cultural, water reuse, agricultural, and environmental. It is anticipated that the none of the uses would be incompatible with the Street Classifications or Traffic Pattern adjoining the property. The City’s Transportation Master Plan classifies roadways that adjoin the proposed annexation areas as follows: Hayden Avenue is classified as a major collector roadway. Chase Road and Idaho Road are classified as major collector roadways. Greensferry Road is classified as a minor arterial roadway. Additionally, Greensferry Road and Hayden Avenue are identified by the Kootenai Metropolitan Planning Organization (KMPO) as Critical Access Corridors. Access to these roadways will be allowed in accordance with City’s access control policies and the KMPO Critical Access Corridor Policy.

Routing of sanitary sewer for the property has been identified in the City’s Water Reclamation Master plan. At this time, for a majority of the requested annexation area, sanitary sewer is not readily available to allow for the development of any uses that would require sanitary sewer service. A small section of the property, immediately north of the Crown Pointe subdivision can be service via an existing 8-inch main in Spokane Street. Other than the section adjoining the Crown Pointe Subdivision, the nearest serviceable sections of the proposed annexation area are approximately 2 miles from the current connection points to existing sanitary sewer. The requested zoning is compatible with the land uses anticipated within the City’s Water Reclamation Master Plan. When mains are extended to the site in conformance with the City’s Water Reclamation Master Plan, the transmission system will have sufficient capacity to service the site, at the requested zoning. Current capacity exists at the City’s Water Reclamation Facility; however, current capacity is not a guarantee of future service. The City per its master planning documents identifies this as an area for service by the City and as such would be willing to provide service.

A majority of the proposed annexation is located within the East Green Acres Irrigation District (Chase Rd. to ¼ mile east of Idaho Rd.) The remaining land is not currently located within a water purveyor’s boundary.

Compatibility with Existing Development and Future Uses:

There is nothing about the proposed Public Reserve (PR) zoning district that would be incompatible with existing developments in the area. Utilizing the city owned property primarily as a land application site will preserve some open space on the prairie.

The property owned by the School District will likely be developed as school facilities sometime in the future, which is appropriate for the Public Reserve zone.

Regarding the future uses, refer to Criteria 5 below within the zone change review criteria.

Regarding compatibility with the Comprehensive Plan, refer to the Comprehensive Plan analysis within Criteria 6 of the zone change review criteria.

Geographic/Natural Features: There are no vegetative or topographic areas of concern for the subject site.


C2. Commercial and high-density residential zoning is typically assigned along streets with a

higher road classification (M.C. 18.16.010).

This criterion is not applicable.

C3. Limited or neighborhood commercial and lower density residential zoning is typically

assigned for properties as they proceed farther away from the higher intensity urban activity (M.C. 18.16.010).


C4. Industrial zoning is typically assigned for properties with sufficient access to major

transportation routes and may be situated away from residential zoning (M.C. 18.16.010).


C5. Amendments to the zoning map should be in accordance with the Future Land Use Map

(M.C. 18.20.100).

The subject site is designated as G2(Managed) on the SmartCode Future Land Use Map. PFMC Title 18.16.010, Subsection E1 states the following: The PR Zone is appropriate for: a. All future land use designations within the Comprehensive Plan; and b. Areas with at least twenty (20) contiguous acres. Therefore, being that this request is greater than 20 acres and applicable in any Future Land Use designation, this request meets this criterion.

C6. Amendments to the zoning map should be consistent with the goals and policies found in

the Post Falls Comprehensive Plan (M.C. 18.20.100).

The zoning classification should conform to the goals and policies expressed within the Comprehensive Plan. While the Comprehensive Plan is a guide and not regulatory, a proposed zoning classification(s) should meet the intent of the Comprehensive Plan. The applicable goals and policies contained within the Comprehensive Plan under the Future Land Use, Transportation, and Cultural and Historic Resources, Housing and Community Design elements may contain relevant policies to be reviewed. Policies (listed by policy number) that are relevant to this annexation request are shown in italics below, followed by the Commission’s findings. Future Land Use – Community Design Policies: 6. Plan and implement a greenbelt system to provide identity, natural beauty, recreation

opportunities and transition to other land uses.

The Commission finds that: The proposed annexation of 717 acres with the zoning

designation of Public Reserve provides the opportunity to implement a greenbelt system to

provide identity, natural beauty, recreation opportunities and transition to other land uses. The

intent for the City owned portion, the majority, of this land is to be reserved as a land application

site to assist the capacity of the City’s wastewater collection system. The Post Falls School

District 70 acres on the western portion of the proposed annexation will be utilized for school


facilities. Utilization of land application can be beneficial in the development and maintenance of

a diverse ecosystem within any future greenbelt.

Future Land Use – Public Services Policies: 1. The city should maintain facilities and personnel at a level that provides citizens with services

that are reasonable, effective, and affordable.

The Commission finds that: As outlined in the Water Reclamation Facility Master Plan, the

addition of property to the Water Reclamation Facility’s reuse areas provides for a method to

deliver wastewater treatment to citizens at a reasonable and affordable rate. Additionally,

development of schools allows the Post Falls School District to meet the needs of a growing

community.

7. Maintain and provide high quality public infrastructure and associated services.

The Commission finds that: The properties should be required to dedicate necessary rights-of-way and easements as part of annexation. Sanitary sewer is not currently extended to the property; however, with the intension of a majority being for land application, the separation of the property from existing sewer mains is not a critical issue at this time. With the exception of that portion immediately north of the Crown Pointe Subdivision (including the property owned by the School District). Lands that do need sewer to allow for development will be limited in being able to construct any facilities requiring sanitary sewer until such time as other development(s) brings sewer within a reasonable distance for the property to be able to afford the extension of sewer to the site.

Future Land Use – Utility Services Policies: 8. The city should implement the Rathdrum Prairie Wastewater Master Plan as it continues to

grow across the prairie.

The Commission finds that: The City has historically taken the Rathdrum Prairie Wastewater

Master Plan into consideration with developments north of Prairie Ave and westerly of McGuire

Rd. The City is currently in the process of finalizing updates to the Water Reclamation Master

Plan for the Collections system, this would replace the Rathdrum Prairie Plan. The proposed

annexation is currently capable of being developed thru the implementation of extensions that

conform with both the current Rathdrum Prairie Wastewater Master Plan and the new Master

Plan that is pending approval.

10. Continue to provide storm water collection and treatment through use of grassed infiltration

areas and encourage the use of new or improved technology whenever practical.

The Commission finds that: Any site development would be required to conform with City of Post Falls Standards for the provision of storm water collection and treatment systems that will protect the Rathdrum Prairie Aquifer.

Future Land Use – Natural Resources Policies: 4. Encourage environmentally and economically sound measures to reduce, minimize, or

eliminate air, noise and water pollution

The Commission finds that: development of a transportation network, storm water systems and

sanitary sewer systems that conform with City Master Planning and Development Standards will


provide efficient systems that are cost effective and work toward minimizing environmental

impacts.

9. Investigate the application of treated wastewater onto the Prairie in a manner consistent with

Best Management Practices.

The Commission finds that: The majority of the requested annexation area ((647 acres +/-) will

be utilized for land application of treated wastewater consistent with state and federal

regulations, and BMPs.

Future Land Use - Overall Policies: 13. Participate in regional cooperative water and wastewater planning efforts on the Rathdrum

Prairie in order to determine the future Area of City Impact boundary and growth area. The Commission finds that: Land application has been identified for use on a majority of the property seeking annexation within existing and pending water and wastewater planning efforts.

D. STEPS THE APPLICANT CAN TAKE TO OBTAIN APPROVAL: N/A

E. CONCLUSIONS AND RECOMMENDATIONS OF THE COMMISSION:

ANNX-0002-2020, INITIAL ZONING: The Planning and Zoning Commission hereby finds that the requested PR zoning designation is in conformance with the City’s adopted standards and hereby recommends that that City Council approve the applicant’s request for PR zoning upon successful annexation of the property.

Approved by the Planning and Zoning Commission on _______________

________________________ _________________________________ Date Chairman _________________________ Attest

NOTICE OF RIGHTS:

Any affected person aggrieved by a final decision may submit a written notice of appeal along with the required fees in accordance with the City’s adopted fee schedule, to the City Clerk for appeal to the Post Falls City Council within fourteen (14) days of the date of the written


decision, pursuant to Post Falls City Code 18.20.60.E Any applicant or affected person seeking judicial review of compliance with the provisions of Idaho Code Section 67-6535 must first seek reconsideration of the final decision within fourteen (14) days of such decision. Such written request must identify specific deficiencies in the decision for which reconsideration is sought. The applicant has the right to request a regulatory taking analysis pursuant to Idaho Code Section 67-8003. Any affected person aggrieved by a final decision concerning matters identified in Idaho Code Section 67-6521(1)(a) may, within twenty-eight (28) days after all remedies have been exhausted under local ordinances, seek judicial review under the procedures provided by Chapter 52, Title 67, Idaho Code.


Community Forest Annexation File No. ANNX-0003-2020

Planning and Zoning Commission

Reasoned Recommendation

A. INTRODUCTION:

APPLICANT: CITY OF POST FALLS – JON MANLEY

LOCATION: GENERALLY LOCATED SOUTH OF THE SPOKANE RIVER, NORTH OF W. RIVERVIEW DRIVE, WEST OF Q’EMLIN PARK.

REQUEST: ANNEXATION OF 437 ACRES WITH THE PUBLIC RESERVE (PR) ZONE

B. RECORD CREATED:

1. S-1 Staff Vicinity Map 2. S-2 Staff Zoning Map 3. S-3 Staff Future Land Use Map 4. PA-1 Avista Comments 5. PC-1 Sorenson Comments 6. PC-2 Arnold Comments 7. PC-3 Stafford Comments 8. PC-4 Thorsness Comments 9. PZ Staff Report 10. Testimony at the June 9, 2020 Planning and Zoning Hearing: Jon Manley, Planning Manager. Mr. Manley presented the request to the Planning and Zoning Commission (hereinafter “the Commission”) at the June 9, 2020 public hearing, conducted via a ZOOM Meeting on-line and live streamed via the City of Post Falls’ Facebook page, and explained that the requested action is for the Commission to review the proposed zoning for the property that is requesting Annexation of approximately 437 acres and to make a recommendation to the City Council as to the appropriateness of the proposed Public Reserve (PR) zoning designation. The Project is generally located south of the Spokane River, north of W. Riverview Drive, west of Q’emlin Park. Further described within Exhibit S-1 The subject site is adjacent to and contiguous with the City’s Q-elim park which is zoned Single-Family Residential (R-1). Public Testimony: Chairman Davis opened the floor for public testimony; however, no public chose to speak. However, Mr. Thorsness had requested to speak but was not in attendance, therefore the public testimony was closed.

C. EVALUATION OF APPROVAL CRITERIA FOR INITIAL ZONING: C1. Zoning is assigned following consideration of such items as street classification, traffic


patterns, existing development, future land uses, community plans, and geographic or natural features (M.C. 18.16.010).

The request is for Public Reserve (PR) zoning for the property upon annexation. The staff report

indicates, and the Commission finds, that the property is designated G2 (Managed) on the Future Land Use Map, which is consistent with the requested PR zoning. As such, we find that the requested zone is consistent with the future land uses in the area as discussed in greater detail below.

Compatibility with Street Classification, Traffic Patterns and Community Infrastructure Plans:

The Commission finds that as this annexation request is to accommodate existing and future public uses, such as, but not limited to, governmental, public utility, educational, recreational, cultural, water reuse, agricultural, environmental. It is anticipated that the none of the uses would be incompatible with the existing Street Classification or Traffic Pattern. W. Riverview Drive is not classified in the City’s Transportation Master Plan since it is within the jurisdiction of Post Falls Highway District, and Federally Classified as a Rural Major Collector

Sanitary sewer is not available for the property. The requested Public Reserve Zoning and the intended purpose of this property as park land preserves open space and implement land application of treated effluent from the City’s Water Reclamation Facility; the need for sanitary sewer facilities is not anticipated. Prior to any future changes to provide sanitary sewer service, updating of the City’s Master Planning Documents would be needed to identify how service would be provided and any impacts from said service.

The proposed annexation is not currently served with water. The property is not identified as part of any existing water districts or future district areas. The City does not identify this area within master planning documents for providing water service. With the requested Public Reserve Zoning and the intended purpose of this property being to preserve open space and implement land application of treated effluent from the City’s Water Reclamation Facility; the need for domestic water facilities is not anticipated. Prior to any future changes to provide domestic water, updating of the City’s Master Planning Documents would be needed to identify how service would be provided and any impacts from said service.

Compatibility with Existing Development and Future Uses:

There is nothing about the proposed Public Reserve (PR) zoning district that would be incompatible with existing developments in the area. Utilizing this site primarily as open space for land application will preserve some open space south of the river.

Regarding the future uses, refer to 5 below.

Regarding compatibility with the Comprehensive Plan, refer to the Comprehensive Plan analysis within Criteria 6 of the zone change review criteria. Geographic/Natural Features:

There are no vegetative or topographic areas of concern for the subject site, as related to the requested zoning and land use.

C2. Commercial and high-density residential zoning is typically assigned along streets with a

higher road classification (M.C. 18.16.010). This criterion is not applicable.


C3. Limited or neighborhood commercial and lower density residential zoning is typically assigned for properties as they proceed farther away from the higher intensity urban activity (M.C. 18.16.010).

This criterion is not applicable. C4. Industrial zoning is typically assigned for properties with sufficient access to major

transportation routes and may be situated away from residential zoning (M.C. 18.16.010). This criterion is not applicable. C5. Amendments to the zoning map should be in accordance with the Future Land Use Map

(M.C. 18.20.100). The subject site is designated as G2(Managed) on the SmartCode Future Land Use Map and is

undefined on the Conventional Future Land Use Map. PFMC Title 18.16.010, Subsection E1 states the following:

The PR Zone is appropriate for:

a. All future land use designations within the Comprehensive Plan; and b. Areas with at least twenty (20) contiguous acres.

Therefore, being that this request is greater than 20 acres and PR zoning is applicable in any Future Land Use designation, this request would meet this criterion.

C6. Amendments to the zoning map should be generally consistent with the goals and policies

found in the Post Falls Comprehensive Plan (M.C. 18.20.100).

The zoning classification should conform to the goals and policies expressed within the Comprehensive Plan. While the Comprehensive Plan is a guide and not regulatory, a proposed zoning classification should meet the intent of the Comprehensive Plan. The applicable goals and policies contained within the Comprehensive Plan under the Future Land Use, Transportation, and Cultural and Historic Resources, Housing and Community Design elements contain relevant policies. Policies (listed by policy number) that are relevant to this annexation request are shown in italics below, followed by the Commissions reasoning. Future Land Use – Community Design Policies:

6. Plan and implement a greenbelt system to provide identity, natural beauty, recreation

opportunities and transition to other land uses.

The Commission finds that: The proposed addition of 437 acres with the zoning designation of

Public Reserve provides the opportunity to implement a greenbelt system to provide identity,

natural beauty, recreation opportunities and transition to other land uses. The intent of this

land is to be reserved as a land application site to assist the capacity of the wastewater

collection system. Land application of treated effluent would allow flexibility in implementation

of a green belt system and be beneficial in maintaining the long-term health of greenbelts

ecosystem.

Future Land Use – Public Services Policies:

1. The city should maintain facilities and personnel at a level that provides citizens with services that are reasonable, effective, and affordable.


The Commission finds that: as outlined in the Water Reclamation Facility Master Plan, the

addition of property to the Water Reclamation Facility’s reuse areas provides for a method in

which to deliver wastewater treatment to citizens at a reasonable and affordable rate.

7. Maintain and provide high quality public infrastructure and associated services.

The Commission finds that: the PR zoning of this property would allow for the City to continue providing high quality public infrastructure and associated services thru the provision and preservation of open space for the use and enjoyment of the public, which address a portion of the needs for the desired level of service for City Parks. Development of the property consistent with the PR zoning would allow for the implementation of land application facilities for the disposal of treated effluent from the City’s Water Reclamation Facility which aids in providing water reclamation solutions that respect the environment, in particular the Spokane River and Rathdrum Prairie Aquifer, and reduces the amount of land needed over the Prairie for land application.

Future Land Use – Utility Services Policies:

8. The city should implement the Rathdrum Prairie Wastewater Master Plan as it continues to

grow across the prairie.

The Commission finds that: The Rathdrum Prairie Wastewater Master Plan is not applicable to

this location as it does not require the extension of sewer mains across the Rathdrum Prairie.

However, the Rathdrum Prairie Wastewater Master Plan and current City of Post Falls Water

Reclamation Master Plan (Collections) identify the need to develop land application sites for the

disposal of treated effluent from the water reclamation facility. Such uses are needed to

preserve the quality of water in the Spokane River and Rathdrum Prairie Aquifer. Zoning of PR

will facilitate this process.

10. Continue to provide storm water collection and treatment through use of grassed infiltration

areas and encourage the use of new or improved technology whenever practical.

The Commission finds that: With the intension to preserve open space, no development of roadways and likely only limited development of other impervious areas; storm water would be reviewed and approved with any development that proposes to modify the existing environment. Appropriate storm water and erosion control measures would be required to comply with City Codes for protection of the Spokane River and to limit impacts to adjoining properties.

Future Land Use – Natural Resources Policies:

4. Encourage environmentally and economically sound measures to reduce, minimize, or

eliminate air, noise and water pollution

The Commission finds that: preservation of open space and land application of treated effluent

are viewed as both environmentally and economically sound principles that will have beneficial

impacts on air, noise and water quality.

9. Investigate the application of treated wastewater onto the Prairie in a manner consistent

with Best Management Practices.


The Commission finds that: Development of portions of this property for the application of

treated wastewater would be managed in a way consistent with state, federal and local

regulations and best management practices.

Future Land Use - Overall Policies: 14. Participate in regional cooperative water and wastewater planning efforts on the Rathdrum Prairie in order to determine the future Area of City Impact boundary and growth area.

The Commission finds that: The availability of water reuse is a critical component to provide wastewater service to areas within the City.

Based on the staff report and the information provided at the June 9, 2020 public hearing, we find the

requested PR zoning is consistent with the goals and policies contained in the comprehensive plan.

D. STEPS THE APPLICANT CAN TAKE TO OBTAIN APPROVAL: N/A

E. CONCLUSIONS AND RECOMMENDATIONS OF THE COMMISSION:

ANNX-0001-2020, INITIAL ZONING: The Planning and Zoning Commission hereby finds that the requested PR zoning designation is in conformance with the City’s adopted standards and therefore recommends that that City Council approve the applicant’s request for PR zoning upon successful annexation of the property.

Approved by the Planning and Zoning Commission on _______________

________________________ _________________________________ Date Chairman _________________________ Attest

NOTICE OF RIGHTS:

Any affected person aggrieved by a final decision may submit a written notice of appeal along with the required fees in accordance with the City’s adopted fee schedule, to the City Clerk for appeal to the Post Falls City Council within fourteen (14) days of the date of the written decision, pursuant to Post Falls City Code 18.20.60.E Any applicant or affected person seeking judicial review of compliance with the provisions of Idaho Code Section 67-6535 must first seek reconsideration of the final decision within fourteen (14) days of such decision. Such written request must identify specific deficiencies in the decision for which reconsideration is sought. The applicant has the right to request a regulatory taking analysis pursuant to Idaho Code Section 67-8003. Any affected person aggrieved by a final decision concerning matters identified in Idaho Code Section 67-6521(1)(a) may, within twenty-eight (28) days after all remedies have been exhausted under local ordinances, seek judicial review under the procedures provided by Chapter 52, Title 67, Idaho Code.