Zoning Commission recommends denial of Ellisport Bay rezone

By Soncirey Mitchell
Reader Staff

The Bonner County Zoning Commission met for a grueling seven-and-a-half-hour meeting July 23 to discuss, among other topics, the proposed rezone of a 15.6-acre property along Ellisport Bay from Rural-5 to Recreation. After several hours of public comment and deliberation, the commission voted unanimously to recommend denial of the rezone to the Bonner County Board of Commissioners, finding that it would not align with neighboring zoning.

Stonehedge Partners, LLC, owns the property off of Cedar Lane toward the back of Ellisport Bay, which is divided into eight lots and one larger parcel. Of the more than 15 acres, only 9.23 are buildable, with the rest classified as mapped wetlands, including areas that are entirely submerged at Lake Pend Oreille’s summer pool level. The property and surrounding area are designated as “Recreational Community” on the Bonner County Comprehensive Plan Map.

The current Rural-5 zoning allows for low-density residential uses, as well as recreation and tourism activities “that can be supported by rural service levels.” Changing to recreational zoning would have allowed for higher-density development, commercial and private resorts, and uses that “enhance the recreational opportunities” of the area, such as boat storage, docks, marinas, hotels, recreational vehicle parks and campgrounds.

At the July 23 meeting, public comment largely sided against the rezone, citing potential negative impacts of future development; however, the owners have not indicated any plans to develop the property.

“There is no development associated with this. My clients have no idea what they’re going to do with this property,” said Jeremy Grimm, of Whiskey Rock Planning + Consulting, representing the applicants.

Though Zoning Commissioner Joe Mauk stated that the application did not indicate “adequate” sewage disposal services, water supply or roads for future development, the commissioners repeatedly stated that they could not take such “hypothetical” issues into account. 

Ultimately, Commissioner Michelle Johnson raised concerns that the proposed rezone was in conflict with the Comprehensive Plan due to the fact that much of the adjacent land is zoned Rural-5.

Among the Comp Plan’s evaluation criteria, it states that, “Areas have specific, individual land use designations, which results in homogeneity across the landscape. Islands of different land use designations defy the sense of rural context, especially if the land uses are markedly dissimilar.” 

Under the current county administration, “preserving rural character” has been a high priority in land use decisions.

The commission voted 3-0 to recommend denial to the BOCC, with Commissioners Jeff Poulsen and James Pound absent.

“The decision was faulty, in my opinion, because it conflicts with the Comprehensive Plan future land use map, which designates the area as Resort Community, not Rural or Rural Residential,” Grimm told the Reader. “This designation has been in place for over 21 years.”

He went on to say that the commission’s comments about “adequate” services were “pure speculation, as the eventual development or use may not even require water or sewer beyond use equal to a single family dwelling (boat storage for example has almost no demand for water or sewer). 

“As such, their finding is likely to be found invalid because no development is being proposed at this time; and, further, the county has rules and tools to ensure future uses meet requirements for water and sewer or fire protection,” Grimm added.

According to Grimm, the application will go before the BOCC for a final vote in “roughly five weeks,” as of press time. View the complete application online at bonnercountyid.gov/zc0002-26.

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