Sand Creek setback amendment passes city council

A public hearing was conducted at Wednesday evening’s Sandpoint City Council meeting regarding the proposed amendments to city code to replace existing Sand Creek setback regulations.

City planner, Amy Tweeten, told officials that the need for the code amendment became evident during the preliminary design of the Farmin’s Landing project.

This plan is part of the 2020 Parks and Recreation Master Plan on the downtown waterfront. “The plan incorporated public gathering places and use of stormwater best management practice structures to capture, treat and slowly release surface water to Sand Creek that would not be allowed under the current code language,” Tweeten said. “That’s why the amendment is needed.”

Tweeten’s presentation included a slide that explained the ordinance changes that included a requirement for a permit before “ground disturbance on any property adjacent to Sand Creek; requires buildings within the defined Downtown Waterfront (both sides of Sand Creek between the Hwy 95 Bypass bridge to Cedar Street Bridge) to be reviewed for consistency with adopted planning documents; requires a Conditional Use Permit for ‘functionally dependent water uses and structures’ within the 25’ buffer (buildings not allowed), compliance with the Sandpoint Stormwater Ordinance, and applicable federal and state permits.”

Nine interested citizens spoke to the ordinance. None were adamantly against the ordinance, but all were concerned that the ordinance was insufficient. Several stated they thought the city was putting the cart before the horse. One thought the language too vague.

Others were concerned with losing public access, the possibility of tax increases and the fear of losing Sandpoint’s small town appeal to uncontrolled development and questioned whether or not it wouldn’t be prudent to postpone making a decision until some of their points were researched.

Mayor Shelby Rognstad summed up what he heard the public say was missing from this ordinance. “I heard at least five times that a guarantee of public access was missing from this amendment. I also heard concern around the lack of design standards particularly around landscape design.”

Rognstad said that one person pointed out that the city’s waterfront could become a sea of concrete. “There were also references that this would be something to be included in the comprehensive plan which is up for continuation and revision this year. I heard many times requests for tabling and asking for one more workshop to hash out these details.”

“Generally what I’m hearing from the public is that we’ve done a lot of good work, and I realize that this is a difficult amendment. People feel very passionate about their waterfront and we want to make sure we get it right,” he said.

The lively discussion centered on the option to table the amendment and if that were to happen how much time would be spent trying to make the ordinance flawless. Councilor Joel Aispuro spoke in favor of waiting. He pointed out that there weren’t any developers in attendance and from that he could assume that there was nothing imminent in the works.

“Development is coming whether we like it or not,” he said. “But our job is to do it right.”

Councilor Deb Ruehle said, “My personal opinion is that nothing is perfect. We stand to have more things happen by not doing anything. I would like to revisit this in six months. It’s not perfect, but it’s an excellent document.”

With staff tasked with coming up with stronger language about some of the concerns, particularly the public access component, council unanimously approved the amendment.

No one stepped forward to speak during the second public hearing. This one was regarding the a change in ordinance Title 9, chapters one, two and four to replace existing definitions for the building, building line and structure, and eliminating the definition for a tourist home.

The council unanimously approved the ordinance changes. They also approved the consent agenda before adjourning for the evening.

City council meetings are held at City Hall, 1123 Lake St., on the first and third Wednesdays of the month at 5:30 p.m.