NOTICE OF PUBLIC HEARING

Boundary County Commission will hold public hearing at 11 a.m. Tuesday, December 7, 2010, in Commission Chambers at the Boundary County Courthouse to accept public comment on application 10-025 by Boundary County to amend the Boundary County Zoning and Subdivision Ordianance.

Specifically, the county is seeking to amend Chapter 7, Section 1D, establishing gravel pits as a conditional use within the Agriculture/Forestry zone district, and to amend Chapter 18 by adding the definition of a guest house. The planning and zoning commission has recommended the application be disapproved to allow amendment to the definition of a guest house as follows:

“Accessory Dwelling Unit: Not more than one structure, not exceeding 950 square feet, where a primary residence exists or is to be built on a single parcel or lot.”

The deadline for written comment and material is 5 p.m. Thursday, December2, 2010. 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 or by visiting the county website, www.boundarycountyid.org.

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

The Boundary County Planning and Zoning Commission held public hearing on application 10-025 June 17, 2010, and did accept public comment on both proposed amendments to the Boundary County Zoning and Subdivision Ordinance. Both proposals were examined separately.

Amendment proposal 1: To amend Chapter 7, Section 1 to add the following paragraph to subchapter D, Conditional Uses: Gravel pits and quarries.

Findings:
1.Six members of the public spoke to this proposal, and while their positions were varied, all agreed that gravel pits and quarries should be allowed, with most advocating allowing additional time to establish specific standards to ensure safety and mitigate potential adverse impacts.
2.The planning and zoning commission finds that specifically adding gravel pits and quarries as a use conditionally allowed in the Agriculture/Forestry zone district is essential to the well-being of Boundary County.
3.Due to the potential of controversy regarding the establishment of gravel pits, the Planning and Zoning Commission finds that the deciding body on such applications should be the elected board of county commissioners, and therefore recommend that gravel pits and quarries be conditionally allowed as a special use, subject to two public hearings and a final decision by the Board of County Commissioners.
4.Based on the recent ruling by the Idaho Supreme Court that our method of identifying special uses is in violation with Idaho Code, the Planning and Zoning Commission recommends deleting the phrase; “Any use not specified in this section as a use by right or conditional use is eligible for consideration as a special use, subject to the provisions of Chapter 13” be stricken.
5.MOTION: Made by member Steve Shelman to add gravel pits and quarries to Chapter 7, Section 1E, Special Use, striking the existing language as it is in violation of Idaho Code. Member Matt Cossalman seconded, and the motion passed by a vote of three “aye” and one “nay,” with member Marciavee Cossette favoring approval as originally proposed.

Amendment proposal 2: To add to Chapter 18, Definitions, the following: Guest House: Structures with no kitchen facilities and not exceeding 950-square feet designed for overnight or short term occupancy where a primary residence exists or is to be built on a parcel or lot.

Findings:
1.Three members of the public spoke to this proposal, and all concurred that the definition needed more clarity. Concern was raised that prohibiting kitchen facilities could lead to safety hazards as hot plates, microwaves and other kitchen appliance would be used on wiring not designed to carry such loads.
2.The planning and zoning commission finds that including a definition for a guest house is necessary to reduce the existing ambiguity that depends on how a structure is used as the determining factor in what constitutes a guest house, which is allowed as a use by right in all but the industrial zone district.
3.The planning and zoning commission finds that, because a guest house is a use by right, no adequate method exists to ensure that occupancy is limited to overnight or short term use. Therefore, the term “guest house” is insufficient. The planning and zoning commission therefore recommends that the term, “accessory dwelling unit” be adopted.
4.The planning and zoning commission noted that the definition as proposed is written in the plural while the intent of the definition is to limit the number of guest houses on a single parcel or lot to one.
5.MOTION: Made by member Matt Cossalman to forward to county commissioners a recommendation that the proposed definition proposed be amended to read: “Accessory Dwelling Unit: Not more than one structure, not exceeding 950 square feet, where a primary residence exists or is to be built on a single parcel or lot.” Member Steve Shelman seconded and the motion carried unanimously.