NOTE: The July 22nd Fremont County Planning and Zoning Commission public hearing has been postponed. HFF will attend any future hearing if and when it is rescheduled. This is a continuation of the discussion that began this spring surrounding a proposed "airpark" and new Marriott in Henry's Lake Flats.
Fremont County Planning and Zoning Commission was scheduled to hold a public hearing on three issues affecting Henry's Lake Flats. The first is a proposal to amend the Fremont County Comprehensive Plan map from Rural to Industrial on 432 acres in Island Park for an "airpark". The second is a proposed zone change, from rural to industrial, for those 432 acres. The third, is a Class II permit application for a hotel on 60 acres in Island Park. The Henry's Fork Foundation submitted written comments to Fremont County P&Z, and below is a summary.
First, with respect to the Class II application submitted by Ensign Hospitality for construction of a hotel and other facilities---item #24-063---we recommend that the Commission reject the application. According to the Fremont County Comprehensive Plan on the County’s website, the parcel is zoned for rural use. The proposed commercial development is not consistent with that zoning, so the developer would first need to apply for a zoning change before submitting a Class II application.
Second, with respect to the applications submitted by HLE Incorporated for amendment of the comprehensive plan (item #24-050) and zoning change from Rural Base to Industrial Limited (item #24-051), we urge the Commission to deny both applications. In this case, the correct procedural steps seem to have been taken, namely identifying that the intended use of 133 acres of the full 432-acre parcel---a private airstrip---is not consistent with the existing comprehensive plan but can be conditionally approved if that 133 acres is rezoned to Industrial Limited.
However, we respectfully suggest that such a large (133 acres) and dramatic change in land use (from rural to industrial) on Henry’s Lake Flat would be more appropriately addressed through a full revision of the comprehensive plan rather than a site-specific amendment and zone change. County officials and citizens established zoning for Fremont County through a complete Comprehensive Plan Revision planning process. We acknowledge that the desires of the citizens of the County, as well as other factors, can change with time. If that is the case, then a new Comprehensive Plan would be the appropriate process by which to allow the abrupt and large-scale change in land use proposed by the applicant. In this case, approval of developments inconsistent with the 2008 plan would certainly set a precedent that large and drastic changes to existing land use that are inconsistent with the Plan can and will be approved, essentially rendering the comprehensive planning process irrelevant. If the plan can be changed any time a landowner desires, then why have a plan in the first place?
At a broader level, our concerns about all three actions are motivated by Policy 10 of the Comprehensive Plan, which states that “It shall be the policy of Fremont County to maintain, protect and enhance water resources in the County. Fremont County recognizes that clean, plentiful water resources are vital for the county’s agricultural and recreational economies and will use its development code to maintain and protect water resources.”
Our scientific data and those of others---most of it published in peer-reviewed scientific journals---shows that water quality in the Island Park area has been steadily declining for decades, as has the water supply that flows from the springs and streams that form the headwaters of the Henry’s Fork. Specifically, water supply in the Henry’s Fork watershed over the past 23 years is 15% lower than it was over the previous 23 years. This is equivalent to one and a half times the combined capacity of Henrys Lake, Island Park Reservoir, and Grassy Lake.
Further, we note that the State of Idaho has placed a moratorium on all new water rights—greatly limiting availability of water for all new and many existing junior water uses, except single-dwelling domestic use—throughout the entire Snake River basin upstream of Swan Falls, near Boise. No new commercial or industrial water rights are available for appropriation.
In addition, our data show that phosphorus concentrations in the Henry’s Fork both upstream and downstream of Island Park Reservoir have doubled in the past 10 years. A recent USGS study found a steady decline in water quality in Island Park Reservoir over the past 25 years. The two wastewater treatment facilities in Island Park—at Last Chance and Mack’s Inn—are already in need of expansion and upgrade and cannot handle additional waste from new commercial or industrial development. Any additional nutrient loading upstream of Island Park Reservoir has a compounded effect because it degrades water quality in the river above the reservoir and in the reservoir, which, in turn, exports poor quality water into the river downstream of the dam.
We believe that the Commission has an obligation via Policy 10 to consider potential effects on water quality and water quantity of any development that would be allowed on Henry’s Lake Flat as a result of land use changes from rural to commercial or industrial.