NOTICE OF PUBLIC HEARING

The Boundary County Planning and Zoning Commission will hold public hearing at 5:30 p.m. Thursday, April 17, 2009, in the Main Courtroom at the Boundary County Courthouse to accept public comment on application 09-011 by Mike Sheppard, who is seeking a conditional use permit to erect an on-premise sign on Parcel RP00840003010AA, located on U.S. 1 at Porthill.

Specifically, the applicant is seeking to erect a 12-foot by 48-foot electronic sign, 26-feet in overall height, visible to traffic in both directions on U.S. 1, primarily to advertise his business, the Porthill Mercantile. In addition, the sign’s reader board would be made available to qualified public agencies for dissemination of emergency information, to include amber alerts, road advisories, etc. The parcel upon which the sign is proposed is zoned rural community/commercial.

The deadline for written comment and material is 5 p.m. Thursday, April 10, 2009. Written comment may be mailed to Boundary County Planning and Zoning, PO Box 419, Bonners Ferry, ID 83805, faxed to (208) 267-1205, or emailed to planning@boundarycountyid.org. Written comment will be accepted at public hearing provided the material is read into the record. There may be a five (5) minute limit per person on verbal testimony.

Further information on this application is available at the Planning and Zoning Office, Room 16 of the Courthouse, and the application is available for public review. Information is also available by calling (208) 267-7212.

Anyone requiring special accommodation due to handicap or disability should contact the planning office at least two (2) days prior to the hearing.

Sign Specifications

Staff Report

09-011

Type permit sought: Conditional Use

Applicant: Mike Sheppard

Property Owner: Same

Parcel: RP00840003010AA

Zoning: Rural Community/Commercial

Parcel Size: 4/10ths

Access: U.S. 1

Fire Protection: Hall Mountain Fire

Objective: To place a 302 1/4 square foot (23 1/4’ x 13’) electronic on-premise billboard sign 244’ in overall height, advertising the Porthill Mercantile, which is situated on an adjacent separate parcel. In addition to advertising, the sign would be made available for local public service announcements, including amber alerts and road conditions.

Ordinance: An on-premise commercial sign exceeding 60-square feet in the rural community/commercial zone district may be considered as a conditional use pursuant to Chapter 14, Section 6D.

Comp Plan Considerations:

Natural Resources:

            There are no surface waters; beaches and shorelines, wetlands, known subsurface waters or fisheries on the subject parcel.

            No critical wildlife or vegetation areas are identified upon the subject parcel, and no mineral extraction is proposed.

Transportation: The proposed sign would be visible to north and south bound traffic on U.S. 1 at the Canadian Border, which is a scenic by-way. The Idaho Transportation Department was notified of the application and made no response.

Public Services, Facilities and Utilities:

            Water: Trow Creek Water

            Sewer: Private septic system

            Electricity: Northern Lights

            Phone: Verizon

            Fire Protection: Hall Mountain Fire

No other sections of the Comprehensive Plan are affected by this application, to include hazardous areas, special areas or sites, recreation, population, community design, housing, economic development or land use.

Written Comment:

            Northern Lights, concerns over placement in power line right of way (copy provided applicant).

In reaching a decision, the commission will consider the following:

        1. That the site plan and other documentation included with the application provide sufficient detail to provide a clear description of the nature of the conditional use.
        2. Written and oral statements and testimony submitted by interested persons affected by the conditional use.
        3. That there is sufficient land area to accommodate the proposed conditional use and that any structures are so arranged as to minimize adverse effects on surrounding properties.
        4. That the proposed conditional use will not have substantial adverse effect on adjacent properties.
        5. That adequate public services, including water, sewage disposal, roads, fire protection, etc., exist or will be built to accommodate the proposed use.

Upon conclusion of the public hearing, the commission may:
        1. Approve the conditional use permit.
        2. Table the application pending receipt of additional information or amendment of the application.
        3. Disapprove the application for cause and recommend what actions, if any, may be taken to gain approval.
        4. Determine that, due to the scope or potential impact of the proposal, the final decision should rest with the board of county commissioners. Should the commission elect to forward the application to the board, the commission may recommend:
            a. Approval of the application.
            b. Specific provisions to be required prior to approval.
            c. Disapproval.

Boundary County Planning & Zoning Commission

FINDINGS AND DECISION

Application 09-011

MOTION AND DECISION: Motion made by member Rod Barcklay to disapprove application 09-011 as the site plan and documentation is insufficient to render an informed decision, that the proposed sign is too large and annoying to neighbors and posed potential hazard to aircraft operations at the Porthill Airport; seconded by member Jake Negley and carried unanimously.

Type permit sought: Conditional Use

Applicant: Mike Sheppard

Property Owner: Same

Parcel: RP00840003010AA

Zoning: Rural Community/Commercial

Parcel Size: 4/10ths acre

Access: U.S. 1

Fire Protection: Hall Mountain Fire

Objective: To place a 302 1/4 square foot (23 1/4’ x 13’) electronic on-premise billboard sign a maximum of 26’ in overall height, advertising the Porthill Mercantile, which is situated on an adjacent separate parcel. In addition to advertising, the sign would be made available for local public service announcements, including amber alerts and road conditions.

Ordinance: An on-premise commercial sign exceeding 60-square feet in the rural community/commercial zone district may be considered as a conditional use pursuant to Chapter 14, Section 6D.

Comp Plan Considerations:

Natural Resources:

            There are no surface waters; beaches and shorelines, wetlands, known subsurface waters or fisheries on the subject parcel.

            No critical wildlife or vegetation areas are identified upon the subject parcel, and no mineral extraction is proposed.

Transportation: The proposed sign would be visible to north and south bound traffic on U.S. 1 at the Canadian Border, which is a scenic by-way. The Idaho Transportation Department was notified of the application and made no response.

Public Services, Facilities and Utilities:

            Water: Trow Creek Water

            Sewer: Private septic system

            Electricity: Northern Lights

            Phone: Verizon

            Fire Protection: Hall Mountain Fire

No other sections of the Comprehensive Plan are affected by this application, to include hazardous areas, special areas or sites, recreation, population, community design, housing, economic development or land use.

Public Notification: Notification letters were sent to Hall Mountain Volunteer Fire, Boundary County Road and Bridge, Northern Lights, District Transportation Planner, Idaho Department of Aeronautics, Mike Sheppard, Ken Tompke, Evelyn Lietha and Elk Mountain Farms.

Written Comment Received:

            Northern Lights, concerns over placement in power line right of way. The applicant testified that the sign, as proposed, lie completely outside the power line right of way.

Public Hearing: Public hearing was held April 16, 2009, as scheduled. Testimony was provided by:

            Favor: Trevalyn Sheppard.

            Uncommitted: Matt Cossalman

            Opposed: Claine Skeen, Teresa Skeen, Dennis Ponsness, Pam Ponsness.

During public hearing, concerns were raised over lighting, especially at night; impact of light and blockage of views at neighboring residences, loss of enjoyment of property, the impact of such sign on the Selkirk Trail scenic route, the potential for unauthorized reprogramming of the sign as no security measures were included in the application, and interference with airport operations. The applicant stated that the sign proposed was the largest available and would likely not be the size that could be afforded; that light from the sign could be shielded, that the sign could be turned off after 11 p.m. and that the sign visible to traffic traveling north could be a static sign with no electronic reader board.

FINDINGS: In considering materials included in the application and testimony received in public forum, the planning and zoning commission finds the following:

1. That the sign as proposed was too large for the location and would impose significant adverse impact to surrounding property owners by virtue of its placement and lighting.
2. That despite notifying the Idaho Department of Aeronautics, there was sufficient concern over potential hazards to aircraft to warrant requesting a written response from that agency sufficient to allay those concerns.
3. That adverse impact could likely be mitigated by meeting with the neighbors and making significant changes to the proposal incorporating the details and specifications on those steps taken so as to provide mitigation, including size and placement of shielding, the definite dimensions of the sign to be erected, hours and levels of lighting, etc.

In reaching a decision, the commission did determine:

1. That the site plan and other documentation included with the application do not provide sufficient detail to provide a clear description of the scope and nature of the conditional use.
2. That the sign, as proposed, would adversely impact the enjoyment of property of those residing in the area from which the sign would be visible, to include excessive light.
3. That there is sufficient land area to accommodate the proposed conditional use.
4. That adequate public services, including water, sewage disposal, roads, fire protection, etc., exist or can be built to accommodate the proposed use.
5. That the applicant might gain approval by making separate application for the proposed use incorporating sufficient detail and specifications so as to address those concerns raised and sufficient to allow the commission to render a decision based on factual and accurate data.

In rendering this decision, the Boundary County Planning and Zoning Commission hereby advises the applicant of the right to appeal pursuant to Chapter 11, Section 3, Boundary County Zoning and Subdivision Ordinance, by submitting a letter of appeal within twenty (20) days from the date which these findings are signed.

/s/4/27/09

Doug Reoch

Chairman

Boundary County Planning and Zoning Commission