Minutes

Boundary County Planning and Zoning Commission

May 20, 2004

Members present: John Kellogg, Doug Reoch, Jane Kirby, Mary Ann Luedtke, Tom Hollingsworth, Toby Schnuerle, Rod Barcklay. Staff present: Mike Weland. Members absent: Jim Paulus, Barry Davis.

1. Luedtke opened the meeting at 5:30 p.m. and called for reading of the April minutes. Kirby made motion to waive reading and accept the minutes as mailed, Schnuerle seconded and the motion carried unanimously.

2. Staff read the hearing procedure and Luedtke opened public hearing on SUP 03-04. No member cited conflict of interest. The applicant was not in attendance and no opening statement was given. Staff report was given. Members discussed tabling the application and requesting the applicant’s attendance. Following discussion, it was decided to allow testimony from members of the public. No one spoke in favor of or uncommitted on the proposal. Nathan Clairmont, owner of a home adjacent to the subject parcel, spoke in opposition to the proposal, citing inadequate lot size for the addition of four families, inadequate access to handle the estimated traffic or additional visitors without requiring parking on the access road, and the expected decline in property values. He stated that he purchased the property and house from the applicant last year and that he decided on the purchase in part due to assurances from the applicant that the parcel would be used only for storage. Doug Ladely, 6468 Tamarack, said he was concerned about access, and stated he didn’t believe 12’ mobile homes as depicted in the site plan were made anymore. Donna McCandless, who owns a business at the intersection leading to the proposed mobile home park, stated she was concerned about increased traffic, and stated four homes on the parcel as proposed was excessive. Amy Clairmont, owner of the home adjacent to the subject parcel, stated she didn’t feel the parcel size was adequate to allow placement of the mobile homes as depicted on the site plan. She said the applicant does not live in Boundary County and expressed concern over management. She said the proposed use would result in overcrowding. Ladely stated that he and Amy had measured the proposed site and came up with 166’ of available space, not 216’ as shown in the application. Realtor Mary Peterson stated that as a realtor she was concerned over setting a precedent in the residential zone district by allowing such high-volume residential use. Kellogg asked the Clairmonts about the trees on the subject parcel, which are predominantly large firs, and stated that cutting those trees would increase wind and force adjacent owners to cut their trees. Clairmont stated that they had to cut one tree on their property for this reason. Kirby stated she would like to have the applicant in attendance to address the concerns. Hollingsworth stated that he felt the subject parcel was too small for the use proposed and that a trailer park there would not be habitable. Reoch asked for clarification of the site plan. There being no further discussion, Luedtke called for a motion. Hollingsworth made motion to forward to commissioners a recommendation of disapproval due to parcel size, lack of adequate access and lack of available visitor parking, and made no recommendation as to steps the applicant could take to gain approval. Reoch seconded and the motion carried unanimously.

3. Luedtke opened public hearing on LLA 04-01 by David Byler. No member cited conflict of interest. The applicant was not in attendance, and staff explained that Steve Moyer had been scheduled to appear on behalf of the applicant but had been called away for a family emergency and that Tom Ulappa was on hand to answer any questions. No member of the public spoke in favor, uncommitted or opposed to the proposal. Reoch asked for clarification of the location of the subdivision. There being no further discussion, Schnuerle made motion to approve application LLA 04-01 as presented. Kellogg seconded and the motion carried unanimously.

4. Luedtke opened public hearing on SUP 04-04 by Peter Bellecy. No member cited conflict of interest. Staff stated that he had erred in presenting a pre-application review before the planning and zoning commission and that this action had violated Idaho’s open meeting law. He stated that on advice of counsel, it was recommended that the planning and zoning commission conduct the hearing and forward a recommendation to commissioners, where a subsequent public hearing would remedy the potential violation. Adrian Bryan represented the applicant, and waived an opening statement. No member of the public spoke in favor or uncommitted. Mel Hannig, Coeur d’Alene, who owns lots in the Nixon Moyie Subdivision, read a letter he had submitted into the record and stated he had no objections provided the appearance of the operation enhances rather than detracts from the surrounding area and does not adversely affect property values. Ken Nail, Eastport, stated he was concerned over the affect the U.S. 95 realignment would have on access, saying that proposals he’s seen call for elevating the roadway to a grade 17’ higher than currently exists. He stated he was not opposed to the application, but requested that his concern be taken into account. Barcklay asked for more information on ITD plans, and discussion was held. Mary Peterson, who owns lots in the subdivision, asked if ITD had been contacted or if their approval had been obtained. Bryan stated that he has been in contact with ITD and the indication is the realignment will not be a problem. He stated that an application to ITD for a commercial access was pending the planning decision. Nail stated that the location is on the wrong side of the highway for a duty free, Bryan said ITD was requiring an enhanced approach to take this into account. Discussion was held regarding the vacant duty free directly across the highway, it was learned that ITD had purchased the site for the realignment. Nail advised withholding a decision until access questions could be answered. Schnuerle stated the commission could make their decision contingent upon ITD approval. Following further discussion regarding access and highway realignment, Schnuerle made motion to forward a recommendation of approval to county commissioners contingent on ITD approval and with the provision that access to other parcels in the subdivision not be disrupted. Discussion was held, and it was determined that the accesses could not be disrupted as they were included in the subdivision plat. The motion was remade with the access provision stricken. Reoch seconded and the motion carried unanimously.

5. Luedtke called for old/unscheduled business, there was none.

6. Luedtke opened the rezone workshop. Discussion was held on the request by Truss Tek to consider rezoning two parcels in the Three Mile area from rural community/commercial to industrial to allow construction of an industrial park. Members determined that the current use of one of those parcels was industrial and concurred that such a park in that area would be conducive to orderly industrial development, and it was agreed to include those two parcels when forwarding an application for rezone. Discussion was held of the area south of the Walco-Trygg Industrial Park, which is also currently used for industrial purposes. Following discussion, it was agreed that an area south of the Walco-Trygg Industrial Park that is currently zoned rural community commercial be included in the application for industrial zoning, and that two areas immediately to the north currently zoned agriculture/forestry be proposed for rezone to industrial with the exception of an existing residential parcel, which would be recommended for rezone to rural residential.

7. At 7 p.m., conflict arose in scheduling of the extension office meeting room. Members tabled the workshop and directed staff to set another workshop, preferably on a Tuesday evening, when the meeting room would be available. There being no further business before the planning and zoning commission, Kirby made motion to adjourn. Kellogg seconded and the motion carried unanimously. The meeting adjourned at 7 p.m.