Comment pours in on proposed Copeland subdivision

December 10, 2011

Written comment poured in at the deadline for a proposed 30 lot subdivision abutting the Copeland Bridge, The Estates at Copeland Landing, nearly all opposed to the development, which will be the subject at a public hearing being held Thursday evening. "I spoke to quite a few people, but received barely any written comment until the deadline approached on Thursday," said county zoning administrator Mike Weland. When he stuffed packets to be sent to the nine members of the county planning and zoning commission Friday morning, he said, the papers barely fit into a 9x12 envelope. According to Weland, the concerns raised in the written comment on the proposal by Fox Enterprises, Spokane Valley, are diverse, from the impact residential development along the Kootenai River will have on the ability to farm some of the best agricultural land in the nation to the ability of the ground to contain private septic systems. County Road and Bridge Superintendent Jeff Gutshall raised concerns about road access, with about half the lots proposed accessing by driveways directly from Copeland Road to the south of the west end of the bridge, and the lots to the north of the bridge being accessed by a proposed private cul-de-sac. According to Gutshall, the proposal is going to have to be altered before the final plat is approved to meet state and federal road safety standards. Idaho Fish and Game, while uncommitted on the proposal, expressed concern over impacts to wildlife migration andpotential adverse impact on the endangered Kootenai River white sturgeon. A professional geologist submitted 19 pages of documentation showing why residential development along the Kootenai River would seem unwise. Several people expressed concerns over the potential fate of the diking system, which runs through the middle of the proposed lots. "If the people who buy these lots build their homes on the river side of the dikes, they're likely going to flood," several said. "If they build on the other side, how long before they decide they want to see river and decide to take out the dike?" The applicant says that the proposed development is the best way to capitalize on farm holdings, offering potential homeowners prime water front property while ensuring the continuity of agricultural production, putting the allowed number of lots on 80 acres and restricting 300 acres of the best farm ground from any future development. The point isn't being taken well, as perhaps the most prevalent sentiment expressed thus far in the process has been the potential impact on being able to farm at all. "I don't care how good your intentions are or what restrictions you put in place," many said, "farms and homes don't get along well together. Sooner or later, the homeowners are going to complain about the pesticides, herbicides, smoke, dust and noise that comes along with farming, and history shows that the homeowners always win." The public hearing takes place before the Boundary County Planning and Zoning Commission at 5:30 p.m. Thursday, December 15, in the main courtroom of the Boundary County courthouse, and while the deadline for written comment has passed, public participation is welcomed and encouraged. Based on their analysis of the application and how it applies to our newly adopted subdivision laws, the county planning and zoning commission will develop written findings on a recommendation to be sent to county commissioners, who will make the final decision on whether to approve or deny the application after they hold a second public hearing, likely in January, which will allow consideration of new or additional testimony. After that final county decision is rendered, again supported by written findings, anyone aggrieved by the decision then has the right to appeal, asking a court of law to determine whether county laws and processes were followed and whether those laws and processes comply with state and federal land use law. "This could well be a very interesting test of our new comprehensive plan and our planning and zoning ordinances," Weland said. To find out more, visit http://www.boundarycountyid.org/legals/11061fox/legal.htm.