Selle rezone remains at 10 acres

▶️ Listen to this article now.

SANDPOINT — A highly contentious debate highlighting a clash between personal property rights and increasing growth in the county has been officially settled.

An overflowing audience of over 100 people saw Bonner County commissioners deny a request to reconsider its prior decision to rezone of 714 acres in the Selle Valley from Agricultural Forestry’s 20-acre minimums, to Agricultural Forestry’s 10-acre minimums.

The reconsideration request submitted by grassroots group Keep Bonner County Rural came days after the commission’s Feb. 9 decision to rezone land owned by Pack River Partners, LLC.

Commissioner Chair Dan McDonald opened the meeting by limiting the discussion to the impact the rezone would have on county services such as water, sewer, and school districts.

Landowner Don Skinner and legal representatives of Pack River Partner’s maintain that there are no intentions to develop the land.

KBCR’s attorney, Preston Carter, gave a presentation arguing that the commission did not have enough information to uphold the decision to rezone the land.

“Is it prudent to approve zoning changes on this record?” Preston posed. “Or would it be better to make a decision when the facts are known and the effects are quantified?”

Carter went into detail about potential effects to Northside Elementary School, roadways, and the ability for future developments to gain adequate water supply.

Many of the meeting’s attendees have spoken at past hearings against the rezone, including chairman of Keep Bonner County Rural, Dave Bowman.

“Rezones can’t be separated from public services, and this application is particularly important in regard to public services. … Residents of this county have let me know repeatedly that they do not want their county to become burdened with irresponsible growth,” Bowman said. “I ask that you uphold the law today as is your sworn duty, [and] deny this application.“

All besides two of the approximately 15 people who chose to speak during public comment expressed their dissatisfaction with the rezone.

“Each time you allow an upzone you create a domino effect,” Susan Drumheller said. “The only people who benefit from this situation are the landowners who profit greatly when they subdivide and sell the property. … If you allow the rezone the applicants will simply double their profits at the expense of the county taxpayers now, and well into the future.”

Maureen Patterson simplified the sentiments expressed by many at previous hearings.

“We don’t want higher traffic volumes, overcrowded schools, or law enforcement infrastructure stretched thin, or dried-up wells,” Patterson said. “Please keep the zoning in accordance with the comprehensive plan and zoning laws to 20-acre parcels and do not double the density until there is sufficient information for services and these legitimate concerns, please.”

Of the two who did not speak against the initial rezone, one chose to speak neutrally, the other was the attorney for Pack River Partners, John A. Finney.

“We would submit that the board has sufficient information to consider the impacts of this zone change back to the 2008 zoning, 10-acre minimums. This is not high density. This is not even in a rural zone, this is in the Ag/Forest zone and it is consistent with the comprehensive plan,” Finney said.

After over an hour of commentary and presentations, commissioners closed the floor for deliberation, which lasted almost 20 minutes. The decision boiled down to whether the commission had enough information to make an informed decision about whether or not their prior decision to approve the rezone in February should remain, or not.

Commissioner Jeff Connolly addressed the lack of commentary from the Idaho Transportation Department in regards to potential increases to traffic.

“Most of the problems [involve] ITD, and with them not to participate in this is just a little spooky,” he said. “Because literally, to me, there appears to be obvious impacts to growth throughout the county.”

Deputy Prosecutor Bill Wilson advised the commission about the legal grounds the commission should consider in regards to the amount of evidence before them, including a brief mention that the county may face litigation regardless of their decision.

“There’s been good argument about the sufficiency of the evidence that is before you guys. We’ll probably get sued one way or the other, right? So let’s just assume that happens. The standard of review is that the court will uphold your decision so long as it is based on substantial competent evidence, even if that evidence is conflicting — even if there is contradictory evidence in the record,” Wilson said.

“Just because some might wish that there is more or better evidence in the record, doesn’t mean that you can’t make the decision based on what you have if you believe that it is sufficient for your purposes.”

McDonald verbalized a seven-point list of county agencies which provided information to the commission.

“When I looked through the file the first time, I looked at what was submitted by the agencies to determine what the impact might be and it was pretty slim pickins,” McDonald said. “Now we’re back here to articulate with better information.”

He touched on evidence and comments submitted by Panhandle Health District, Bonner County Road & Bridge Department, Lake Pend Oreille School District, Idaho Fish and Game, U.S. Forest Service, and other agencies before entertaining a motion to deny KBCR’s reconsideration request.

The commissioners unanimously decided to deny the reconsideration, their prior decision to rezone Pack River Partner’s land to 10-acre minimums still stands.

“I think what we did here, is clarify what we did here for the record that the law has been followed,” Connolly said.

Commissioner Steve Bradshaw was absent from the meeting; however, according to Idaho’s open meeting law, a quorum exists because two of the three commissioners were present.

As of Wednesday, it is unclear if any lawsuits resulted from their decision.

To watch the meeting, or any of the previous meetings by the county commissioners, go to Bonner County’s YouTube channel. Information about Keep Bonner County Rural can be found on their Facebook page, or on their website.