NOTICE OF PUBLIC HEARING

The Boundary County Planning and Zoning Commission will hold public hearing at 5:30 p.m. Thursday, August 19, 2010, in the Main Courtroom at the Boundary County Courthouse to accept public comment on application 10-042 by the Bonners Ferry Church of the Nazarene, seeking a zone map amendment on parcel RP62N02E077050A.

The applicant is seeking to amend the zoning on the five acre parcel, located at 158 Meadow Creek Road, from agriculture/suburban to rural community/commercial, to bring about compliance with state laws regarding off-premise signage, to allow retention of an off-premise sign overlooking U.S. 95 for Meadow Creek Computer Works.

The deadline for written comment and material is 5 p.m. Thursday, Thursday, August 12, 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.

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

Boundary County Planning and Zoning Commission
FINDINGS AND RECOMMENDATION
Application 10-042: Bonners Ferry Church of the Nazarene Zone Map Amendment

MOTION: Made by member Dan Studer to forward to the Board of County Commissioners a recommendation to not approve application 10-042, seconded by member Jake Negley and carried unanimously.

OVERVIEW: The applicant is seeking to have five-acre parcel RP62N02E077050A, located at 158 Meadow Creek Road at the northwest intersection of Highway 2 and Meadow Creek Road, rezoned from agriculture suburban to rural community commercial to bring into compliance and allow retention of an off-premise advertising sign for Meadow Creek Computer Works.

PUBLIC HEARING: The Planning and Zoning Commission held public hearing on this application September 16, 2010. Prior to public hearing, written comment was submitted by:
1. Dave Parker, Boundary County Airport, stating the proposed use would not affect airport operations.
2. John O'Connor, 199 Meadow Creek Road, favoring retention of the sign but opposed to zone map amendment.
3. Don Jordan, 1281 Brown Creek Road, favoring retention of the sign but opposed to zone map amendment.

During public hearing, commissioners heard testimony from the following:
1. Stan Christopherson, applicant, who explained that the Idaho Transportation Department had advised him that the sign on the property, which has been in place for approximately five years, was not in compliance with state law in that it was not compliant with county ordinances regarding off-premise signs, which allow consideration of off-premise signs as a special use only in areas zoned rural community/commercial or industrial and on which a business is operating. He stated that in exchange for allowing the sign on church property, Meadow Creek Computer Works provides the church with high speed internet service. He said approval of the proposed amendment would not change the use of the land, but allow the church to make application for a special use permit for the off premise sign. The church was developed pursuant to Conditional Use Application 01-02, approved July 9, 2001.
2. Gary Gage, owner of Meadow Creek Computer Works, favor, saying that without the sign visible by passers by on Highway 2, potential customers would not know where his business was located. He stated that prior to erecting the sign, he had spoken to ITD and was told that his sign met all their requirements.
3. Don Jordan, Brown Creek Road, opposed, stated that he had no objection to the sign but that he strongly opposed a rezone to allow the sign to remain.
4. Jacob Epstein, Copeland, opposed, said that he saw no valid grounds for granting a zone map amendment.
5. Robert Michael, Meadow Creek Road, said that granting the application to allow the sign would violate federal law and potentially cost the ITD federal funding. He stated that granting the amendment would open the parcel to intense development, which did not fit with current land uses in that area and would infringe on the neighborhood.
6. John O'Connor, 199 Meadow Creek Road, said he had no problem with the sign, but that he opposed granting a zone map amendment for the entire parcel.

FINDINGS: In reaching recommendation, the planning and zoning commission found:
1. Rural community/commercial zoning was not compatible with the property or surrounding land uses, which are primarily large-lot residential and agricultural.
2. That the proposed amendment was not compatible with the Boundary County Comprehensive Plan.ss

/s/ 10/21/2010
Matt Cossalman
Co-Chair
Boundary County Planning and Zoning Commission