NOTICE OF PUBLIC HEARING

The Boundary County Planning and Zoning Commission will hold public hearing at 5:30 p.m. Thursday, February 16, 2012, in the main courtroom at the Boundary County Courthouse to accept public comment on conditional use application 11-063 by Tungsten Holdings, Inc., to establish a gravel pit on seven-acre parcel RP65N01W200150A on Farm to Market Road approximately 1.6 miles south of Porthill. The hearing had originally been scheduled for January, but that meeting was cancelled due to inclement weather.

The applicant proposes to operate the pit mainly from 8 a.m. to 5 p.m. Monday through Friday, though occasional loads may be hauled outside those times or on Saturdays or Sundays. Crushing and blasting would be done on an as-needed basis during regular operating times only.

A surface mining permit for the proposed pit was issued by the Idaho Department of Lands in 2006 and the current proposal would not vary from that permit, which is on file and available for public review.

The deadline for written comment and material has been extended until 5 p.m. Thursday, February 9, 2012. 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.

Staff Analysis

Application 11-063, Tungsten Holdings Inc.

Conditional Use application to establish a gravel pit/rock quarry

Overview: The applicant is seeking to establish a gravel pit/rock quarry to provide a variety of rock products, including but not limited to landscape materials, boulders, rip-rap and crushed rock for road building, on seven-acre parcel RP65N01W200150A, located on Farm to Market Road approximately 1.6 miles south of Porthill. If approved, the quarry would operate from 8 a.m. to 5 p.m. Monday through Friday, though hauling may occur outside these hours. Crushing and blasting operations are proposed on an “as needed” basis, and will occur during regular business hours. No structures will be built to accommodate this use. Estimated traffic is ten vehicles per day, depending on the time of year and the need for material. A reclamation plan for the proposed pit was approved by the Idaho Department of Lands in February, 2006, and remains in effect. Pursuant to the requirements of that permit, blasting must be done by professionals, with monitoring for vibration and noise, and neighboring property owners are to be notified prior to blasting. The IDL permit requires dust control measures, and noxious weed and surface water control. According to an IDL representative, there is no limit established on the amount of material that can be extracted, though the reclamation permit establishes the maximum acreage the pit can be as well as back slope and other requirements. In IDL surface mining permit 2638, the maximum size permitted appears to be seven acres.

Zoning: Agriculture/forestry. The parcel does not lie within any overlay zone.

Use Class: The applicant does not specify the amount of material to be removed nor the duration of blasting or crushing operations. Depending on these specifics, the use proposed is either moderate or land-intensive. Because this information is not specified in the application, it is necessary to consider this as a land-intense use, which is established as a conditional use in the agriculture/forestry zone district.

Surrounding Uses: Predominately agriculture. By information provided by the applicant, the two closest residences are the Ferguson home, approximately 825-feet to the northeast, and the Gardiner home, approximately 3,275 feet to the southeast.

Soils: The parcel is entirely identified as “trebly, very bouldery rock outcrop” of marginal suitability for timber and of no suitability for agriculture.

Comprehensive Plan Guidance:

Property Rights: Section 14.2.1: “Boundary County policy is to establish fair and equitable land use ordinances, laws, and regulations such that each property owner with in the jurisdiction of Boundary County may lawfully enjoy the widest use of land with assurance that surrounding land uses, lawfully established, will not unduly infringe upon their enjoyment of property.” Section 14.2.3: “There exist and will be promulgated federal and state land use regulations within this jurisdiction so as to achieve objectives beyond those established herein. Boundary County should avoid duplicating these requirements …”
Natural Resources:
1. Surface waters, Beaches and Shorelines, Wetlands: Not affected.
2. Subsurface Waters: “Boundary County recognizes the importance of aquifers and groundwater to its citizens, as well as that limited information is available on the abundance, distribution and quality of such water sources. Boundary County recognizes that future planning decisions as regard subsurface waters are likely to be based on insufficient data.
3. Fisheries: Not affected.
4. Wildlife: No critical wildlife habitat is associated with this parcel, nor do any lie within the immediate vicinity.
5. Vegetation: As part of the reclamation plan included in the application, topsoil is to be set aside and those reclaimed portions of the pit are to be re-planted with native vegetation.
6. Minerals: Section 14.3.9.1: “Boundary County recognizes the need for the extraction of mineral resources as well as the fact that these resources must be extracted where they exist. In addition, it is recognized that mining and mineral extraction can be a long-term and intensive use that can adversely affect surrounding land uses. Boundary County policy is to reasonably balance the need for mineral extraction while providing protections to existing land uses.” Section 14.3.9.2: “Boundary County can balance the need for mineral extraction and provide protection to surrounding property owners by identifying those usage zones, such as high-density residential zones, which are incompatible with mineral extraction and restrict or prohibit mineral extraction in these zones.” Section 14.3.9.3: Boundary County can mitigate the potential adverse impacts of mineral extraction by establishing setback requirements of pits or mines from property boundaries and by requiring the retention of buffer areas.”
7. Transportation: Boundary County Road and Bridge was notified of this application. The proposal has no impact on state highways, railroads or airports.
8. Public Services, Facilities and Utilities: No public utilities will be required to accommodate this proposal and the proposed use does not affect the provision of public services or utilities. Drainage/storm water runoff requirements are specified in the IDL reclamation plan.
9. School Facilities and Transportation: No impact.
10. Hazardous Areas: There are no known hazard areas associated on or near the proposed site.
11. Special Areas or Sites: There are no known special areas or sites on or near the proposed site.
12. Recreation: This application does not impact recreation.
13. Population, Community Design, Housing: Not affected by this proposal.
14. Economic Development: Section 14.13: “The goal of this plan is to maintain and enhance the economic condition of Boundary County by influencing the development of policies that encourage enterprise, agricultural and forestry job development, industrial growth and commercial development in a way that will maintain the county’s rural qualities by ensuring compatibility within land use classifications.”

Ordinance:

Section 15.4.2: Establishes that “gravel borrow operations selling not more than 10,000 yards per year, crushing and blasting limited to two weeks per year” is to be considered a moderate use, which is unregulated in the agriculture/forestry zone district unless an existing residence is within 500 feet of the use proposed.

Section 15.6.2: Establishes that “Gravel pits or quarries with sales exceeding 10,000 yards per year with crushing and/or blasting” is a land-intensive use, which is a conditional use in the agriculture/forestry zone district.

As a conditional use, the following provisions apply:

The planning and zoning commission will hold public hearing on the proposed conditional use. Based on the materials of the application, staff analysis and testimony presented in writing or during public hearing, members of the planning and zoning commission will hold discussion to consider a decision and, if applicable, terms and conditions, giving due consideration to potential takings issues, so as to develop reasoned findings.

7.7. Considerations: When considering a conditional use application, the planning and zoning commission should determine, at minimum:

7.7.1. Whether the application, site plan and additional documentation provided by the applicant sufficiently demonstrate the full scope of the use proposed.

7.7.2. Whether the proposed use conforms to all applicable standards established by this ordinance.

7.7.3. Whether there is sufficient land area to accommodate the use proposed, and whether development is so timed and arranged so as to minimize adverse effects on surrounding properties and uses.

7.7.4. How the impacts of the use proposed compare with the impacts of existing uses within the zone.

7.7.5. Whether concerns raised by other departments, agencies or by the providers of public services, including but not limited to road and bridge, water, electricity, fire protection, sewer or septic, can be adequately addressed.

7.7.6. The potential benefit to the community offered by the use proposed.

7.7.7. Whether specific concerns aired through the public hearing process have validity and whether those concerns can be adequately addressed.

7.7.8. Whether the use proposed would constitute a public nuisance, impose undue adverse impact to established surrounding land uses or infringe on the property rights of surrounding property owners, and whether terms or conditions could be imposed adequate to mitigate those effects.

7.7.9. Whether the use proposed would unfairly burden Boundary County taxpayers with costs not offset by the potential benefits of the proposed use.

7.8. Terms and Conditions: In considering approval of an application to establish a conditional use, the planning and zoning commission may consider the imposition of terms and conditions as a means of eliminating or mitigating potential adverse effects or to provide for public safety. Such terms and conditions may, but are not limited to:

7.8.1. Control the sequence and timing of development.

7.8.2. Establish or limit hours or days of operation.

7.8.3. Establish limits on the timing and/or duration of potentially disruptive activities.

7.8.4. Require the installation of public services or utilities as recommended by providers necessary to accommodate the use proposed.

7.8.5. Establish specific locations and/or standards for structures, parking areas, access lanes, etc., to reduce adverse impact on traffic or traffic patterns.

7.8.6. Establish standards for landscaping, fencing, lighting or other measures so as to maintain the aesthetics or character of the area in which the use is proposed or to contain noise, dust, light or other potential nuisances from encroaching onto adjoining properties.

7.8.7. Require specific security measures, such as fencing, secure storage areas, fire prevention measures, etc., that are appropriate to the use and necessary for public safety.

7.8.8. Require proof of compliance with other county, state or federal regulations.

7.9. Decision: Upon conclusion of public hearing and based on the findings developed, the planning and zoning commission may, by motion and majority vote:

7.9.1. Approve: Approve the application, establishing terms and conditions and findings sufficient to enable staff to prepare written decision. At the discretion of the planning and zoning commission, final action may be tabled until the next regular meeting to allow review and approval of the written findings and decision. For tolling appeal, approval of a conditional use permit will be effective on the date the chair signs written findings and decision. On receipt of a signed decision to approve, the administrator will issue the applicant a conditional use permit, to include terms conditions established.

7.9.2. Disapprove: Disapprove the application for cause, establishing findings sufficient to enable staff to prepare written decision. At the discretion of the planning and zoning commission, final action may be tabled until the next regular meeting to allow review and approval of the written findings and decision. For tolling appeal, disapproval of a conditional use permit will be effective on the date the chair signs written findings and decision. On receipt of a signed decision to disapprove, the applicant will be provided a copy of those findings and advised of rights to appeal.

7.9.3. Table: Table a final decision to the next regular meeting to allow the applicant to obtain documentation of agency approvals or to provide additional specific information when the planning and zoning commission is likely to approve the application but:

7.9.3.1. The site plan and/or other documentation fail to provide a sufficiently clear and definable description of the scope of the development or use proposed.

7.9.3.2. Portions of the application fail to conform to specific standards established by this ordinance.

7.9.3.3. Additional agency approvals are established as a condition of approval requiring proof of compliance before additional development can proceed.

7.9.4. Defer Decision Authority: The planning and zoning commission my defer decision authority, forwarding to county commissioners a written recommendation or synopsis of issues when:

7.9.4.1. It is decided by the planning and zoning commission that a guarantee of installation agreement pursuant to Section 5 is necessary as a condition of approval; or

7.9.4.2. When the planning and zoning commission has cause to question whether or not an application meets criteria for consideration within a zone district, or

7.9.4.3. When the scope of the application or controversy generated is such that members of the planning and zoning commission are unable to reach consensus sufficient to render a motion or when it is determined by the planning and zoning commission that decision authority should rest with the board of county commissioners.

7.9.4.4. When decision authority is deferred to the board of county commissioners, the administrator will schedule an additional public hearing before that body pursuant to Section 21.