P&Z Minutes Feb 16th 2017

Boundary County Planning and Zoning Commission

February 16, 2017

Public Horace ‘Marty’ Martinez, Steve Howlett
Planning & Zoning Ron Self, John Cranor, Tim Heenan, Scott Fuller, Kim Peterson, Marciavee Cossette, Wade Purdom, Caleb Davis
Absent Counselor Tevis Hull
Staff John Moss

At 5:30 pm Chairman Caleb Davis opened the meeting and welcomed two applicants who are interested in filling the opening in the Planning & Zoning Commission created upon the completion of Matt Cossalman's term. Staff suggested that in the next regularly scheduled meeting of the P&Z Commission the applicants be interviewed using a common set of questions to be asked of any applicant. Staff suggested that he would provide to all Commission members a list of sample questions, and asked the Commission to send their own ideas for these questions, the idea being to gain a comprehensive understanding of the applicant's interest in becoming a member of the Commission. Staff noted that an applicant who had expressed interest in being on the Commission was absent, and said that he would contact each applicant by phone prior to the next meeting and invite each to participate in that meeting. Also, letters of interest submitted by each applicant would be sent to the Commission prior to the next meeting for review.

The applicants in attendance (Horace ‘Marty’ Martinez, Steve Howlett) were welcomed and asked to feel free to ask questions regarding the substance of the current meeting as it progressed. Chairman Davis, after identifying the presence of a quorum asked if there were any changes or corrections to be made to the Minutes of the January 19 meeting. There being none, Davis asked for a motion to accept the minutes. Ron Self so moved, seconded by Scott Fuller. The motion to approve the minutes from the January 19 meeting carried unanimously.

[Planning & Zoning minutes are transcribed from the conversation that takes place during the meeting. Topics are condensed, eliminating verbatim comment in order to condense the material. Key points are included in this extraction and all votes taken are recorded.]

Since the agenda was to simply review the material relating to proposed changes to Land Use Ordinance 2017-1 as discussed in the January 19th meeting, Davis turned the meeting over to Staff to discuss same.

Staff suggested the meeting may not take a long time because of a change to the proposed updates, involving amending Overlays (proposed in a change to Section 18. Amendments), being removed per County Commissioners making it clear that Overlays had their own management structure not related to P&Z Commission responsibility.

Further, Staff shared the opinion that Family Transfer (Section 20.11.) be removed as being too difficult to administer for a number of reasons. Staff proposed the idea that when a family member wished to share property which would mean dividing a parcel into a size less than the zone density minimum in which the parcel lies, said family member can request a zone change making the parcel in question conform to the zone minimum density.

Staff reminded the Commission that there is no way to determine the relationship of an applicant to a proposed family member, that there is nothing in Section 20.11. (or anywhere in the Ordinance) that required a recipient to retain the newly created parcel for any length of time, nor is there any way to determine whether the recipient would hold the property for a determined period of time. Also, once transferred, the new family member could do whatever he wanted to do with his parcel (already determined to be below the minimum size for the zone) including further gifting a portion of this already smaller parcel after holding the land for the required 1 year. Staff said he had shared this thought with the County Commissioners and with Counselor Tevis Hull and had their concurrence that the removal of the Family Transfer option, to be replaced with a rezoning option had their approval. Staff noted that this approach involves the Planning & Zoning Commission, and the County Commissioners, and public hearings in both cases.

At this point discussion centered around the likelihood that rezoning in this matter would create a postage stamp blotch of parcels smaller than surrounding parcels and that the zoning map would be difficult to maintain much less administer. Asked how often a request is made for a Family Transfer, Staff responded that there are on average four a year, give or take one. The question was then posed why make any changes at all? If there are no more than four a year, since the residents of the county like this option, why change it? And if the concern relates to identifying actual family members then the affidavit proposed to clarify this relationship should resolve that concern.

Staff replied that adding an affidavit is more overhead to administer, that the simplest thing is to drop 20.11. altogether, and the intent of 20.11. to provide for family togetherness would still be met. Chairman Davis said he could see both sides of the picture and asked for a vote. Marcia Vee moved to review the proposed changes to 20.11., which contains verbiage to establish affidavits acknowledging both sender and receiver as well as the requirement the receiver hold the land for two years, for final review by the Planning & Zoning Commission at the next meeting, March 16 2017. The motion to review this topic at the next meeting was seconded by Wade Purdom. Voting was as follows:

Ron Self (no), John Cranor (no), Tim Heenan (aye), Scott Fuller (aye), Kim Peterson (abstain), Marciavee Cossette (aye), Wade Purdom (aye), Caleb Davis (tie breaker - no vote)

Discussion reflected that those opposed to the motion simply wished to leave the Ordinance as it is, no changes. Kim Peterson suggested removing the penalty for failing to retain for two years. The Commission was 100% opposed to the idea of removing Section 20.11. entirely.

The motion to submit the proposed changes to Section 20.11. for final review by the Planning & Zoning Commission at the next meeting, March 16 2017 (said changes containing verbiage to establish affidavits acknowledging both sender and receiver as well as the requirement the receiver hold the land for two years), was approved.

Attention returned to the changes being proposed, next in sequence being Section 11. Subdivisions, specifically which is the Approval process for a Short Plat procedure being decided by the County Commissioners. Staff again explained that Section had been added to incorporate the provision for the Administrator to issue a permit, something not seen in the current ordinance.

After review, the content changes proposed for Section 11. Subdivisions met with the approval of the Planning & Zoning Commission. Caleb Davis requested that all changes, including Section 2. Definitions (typographical), Section 4. Enforcement, Section 11. Subdivisions and that portion of Section 20. Parcel Divisions, 20.11. Transfer of Real Property to Family Members be provided to Commission members prior to the next meeting for final approval and recommendation to the County Commissioners. Staff said he would provide a packet similar to previous change requests, outlining a summary as well as the substance of proposed changes.

Staff indicated the March meeting would include a public hearing and that in addition to that hearing, and the questions of applicants for the Planning & Zoning Commission opening, there needed to be a discussion concerning upcoming review of the Comprehensive Plan, due in 2018. The plan needs to be considered and a decision made to either a) retain the Plan as it is now, or b) propose revisions to the Plan. A public hearing to air this decision is called for, and further processing involves more review (if necessary because of public input) then forwarding this recommendation to the County Commissioners for their approval. Chairman Davis asked for more input on the scheduling and timing requirements for the Comprehensive Plan update and Staff agreed to provide this information prior to the March meeting. Wade Purdom moved to adjourn, Ron Self seconded, approved unanimously at 7:35PM.

John B. Moss

Saturday, February 18, 2017 - 02:45
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