MINUTES

Boundary County Planning & Zoning Commission

April 21, 2005

Members present: Jim Paulus, Chairman, Rod Barcklay, Barry Davis, Tom Hollingsworth, John Kellogg, Doug Reoch, Toby Schnuerle, and Trevelyn Sheppard.  Member absent Jane Kirby.  Staff present:  Rae Jeanne Adams. 

Presiding Chairman Jim Paulus called the meeting to order at 5:30 p.m., and the public hearing commenced.

A video entitled A Guide to Growth Management for Idaho City and County Officials was played for the benefit of the applicants and those in attendance for the public hearing.  After the 10-minute video, the public hearing continued.

A motion by Doug Reoch was offered to approve the March Minutes as received by the Board Members.  Rod Barcklay seconded the Motion, and the Board was all in favor.

Chairman Jim Paulus, read the Chairman’s Script with procedures and opened the public hearing.

SUB 05-02 commenced with Rick Dinning speaking in behalf of TUNGSTEN HOLDINGS, INC., applicant, giving testimony to create a subdivision under the name of ENCHANTED VALLEY indicating a desire to comply with the Zone District for size and designing the private road for the subdivision addressing dust abatement.

The hearing was then opened to the public for those to speak in favor: 

The hearing commenced for those to speak uncommitted.

David Ronniger, Moyie Springs spoke in opposition and concern for neighbors and the impact on the area, stating that seven lots seemed quite an impact and that four or five would be better   Applicant, Mr. Dinning stated he was not willing to reduce the size and/or number of the lots, and Board Member, Reoch pointed out applicant was staying within the zone district size.  Staff read the Panhandle Health District e-mail into the record, and applicant closed with a comment that his interpretation of the ordinances was that it was not necessary to have contact with Panhandle Health at this point in time before the hearing but would so make the contact.  Board Member Barcklay questioned standards of the road and applicant indicated 60’ and the attempt to develop a good road but that cost prohibited building the road to county specs. 

Chairman, Paulus then closed the public hearing on this application and a Motion was made by Barry Davis to approve as given, which was seconded by Toby Schnuerle.  The motion carried with all in favor.

SUP 05-03 – application by Dennis L. and Brenda L. Liermann for a Special Event Center.  Applicant opened with testimony proposing to cater to the needs of the county for weddings, family events, reunions, etc., with the attempt to create a center for Boundary County and economic development to draw locals to participate rather than going south to another county or out of town.  Discussion followed regarding road issues and safety and the traffic on weekends and evening.  Applicants have lived in this area for 27 years, so their desire is to build an outstanding facility for the community.  Testimony followed that all alcoholic functions would be monitored and that the intent was for a family-style atmosphere, that all fire codes would be followed, and that the closing time would be 1:00 a.m.

The Sign-Up Sheet tallied as follows:  28 Support the Application, 15 Oppose the Application, 2 Neutral

Public Testimony followed with Phil Allegretti speaking favorably indicating a lot of dealings with the Liermanns and that they always did what they said they would do.

Steve Moyer indicated the project would be an asset to the community and was definitely needed.

Don Jordan agreed with previous testimony and indicated it would be worthwhile to support local people.

Jerry and Paula Howell spoke in favor indicating they live down the road and knew the Liermanns did quality work.

Doris Hutchens spoke in favor, as well as Wayne Cavendar, both living in close proximity.

Shirley Anderson spoke in support explaining it would be great to be able to have a Christmas Party in Boundary County, as a past one had to be held in Sandpoint. Stated she felt the Liermanns’ theme for a family-oriented business would benefit our community and a class act.

Karen Brown said she always has to go out of Bonners Ferry for functions because there are no facilities available and was in favor of something local.

Lilly Blackwell spoke in favor as a newcomer to the community being an event planner and a wedding consultant and that a facility with atmosphere would be an asset to the community.

Those speaking uncommitted were Barbara Spring and Randy Forte with a question whether the county would upgrade the road and that this road situation should be addressed.

The Opposition testimony then followed with Anthony Kath stating his favor for the Liermanns but his concerns were regarding the roads and travel in the winter.  It appeared to him the center sounded like a real popular facility and that he moved out to this area to get out of the city and his real concerns were problems on the weekends.

Marion Vinton also moved out to the area because of quietness and feels the facility’s events will create a major problem and that if Liermanns desire to proceed, they can build in their own back yard.  Board Member Doug Reoch questioned Marion Vinton the closeness in distance, and her reply was one-quarter mile.

Judy Boss testified that she lives close to Vintons and that she had moved out of town for peace and quiet and worried about the children and traffic.

Robert Dameron commenced with his comments that Liermanns were truly blessed, neat people but wants Liermanns to put this facility on a commercial property elsewhere.  His testimony was that the county can’t maintain the road and that law enforcement can’t respond, because the County Sheriff doesn’t have the work force to patrol and that the time frame of 1:00 a.m. facility hours reveals great concerns. He further stated the county road was not wide enough and that the county doesn’t even sand the roads for the school busses.  Additional concern was noise and that he lives there for peace and quiet and that he could deal with hunting dogs and even a subdivision.  He expressed there is a need for this facility but that it should be in the city and not in a rural zone area like Mountain Meadows.

Tara Lightwalker testified she had moved here for the natural beauty, peace, quiet, and privacy and that she doesn’t like the idea of cars driving on the road.  She did agree this was a good idea for the project but that it should be somewhere else in an area more developed for such an application and not rural but urban.

David Hall agreed with what had been expressed and that the Liermanns are great people but that this was not about friendships but it was a business.  His concerns were his horses across from the subject property and the liability with children participating at the facility and then coming onto his property.  He expressed he was fearful out-of-towners would come to use the facilities and then leave without any concern for the community or adjoining property owners and that he was worried about young adults coming out and having parties.  Additional concerns were lack of privacy, the county road and access at County Road 8 and Highway 95 and safety issues.  He indicated the Legion and other public entities have facilities available.  Mr. Hall submitted a Petition with 30 signatures in opposition.

Rebecca Hall testified she lives bout 350 fee away from the site and that Liermanns were great people but she moved out to the area for privacy and that if the facility was available and could be opened until 1:00 a.m., this would be a real detriment.  She stated concerns re drinking and driving the winding road and indicated she has a son just getting his drivers license, working late, and then driving home with a party just closing down at this event center.

Chairman, Paulus questioned applicant whether the facility would serve alcohol and Mrs. Lierman answered she was proposing beer and wine and intended to get a restaurant license to serve the beer and wine

David Hall again expressed his worry about family reunions bringing their own alcohol to the facility and the lack of control.

Mary Barber testified she agreed with the past testimony and that she lives directly across from the facility and is concerned about the alcohol, the hours of operation, and traffic.

The Applicant, Brenda Liermann then gave closing statement indicating the road is obviously an issue.  She indicated we live in the mountains and every road goes up, around, and has curves.  Her additional response is that he daughter lives on the property site with her family, her son lives close, and that she and her husband also live in close proximity.  The added that the intention is not as a kid function and that people like to go to a quiet and peaceful setting for weddings away from the city.

The hearing was then closed for public testimony and discussion followed amongst the Board.

Board Member, John Kellogg indicated this type of facility dictated this area for the facility and that people don’t want to go to the city for these events.  Rod Barcklay indicated the public’s testimony was to have their peace and tranquility.  Barry Davis commented the P&Z Board has been pushing for economic development and he feels this site was a good place for the facility and that it would create employment.  Tom Hollingsworth indicated his concern about the noise and further indicated the squeaky wheel gets the oil and that if this application was approved and there were community function problems, it was his feeling the Sheriff’s Department was 100% ready to react and assist.  Hollingswoth indicated he had been on dispatch and feels the Sheriff would react and that the Sheriff’s Department deals with DUI’s.

Discussion followed from Doug Reoch and Toby Schnuerle regarding property values and the result would be an increase in value and not in taxes and that the facility would be an asset.

The Board then discussed the time frame of 1:00 a.m. and wanted to address any noise situation; including music at the facility and that the music should be limited at night use to an 11:00 p.m. shut down and that the music should be limited to inside and not outside on the patio.  Chairman Paulus asked if the building would be air-conditioned and if so, then the doors wouldn’t be opened and thus canceling the noise level.

John Kellogg asked where the building would be placed on the property and Mr. Liermann pointed on the map that the facility would be built behind a cluster of trees, as the intent being to lend privacy to property owners.

Chairman, Paulus then indicated he had been given Jane Kirby’s vote by proxy as a negative vote.

He then called for a motion and Board Member Hollingsworth made the Motion recommending the approval with the stipulation that the music cease right at 11:00 p.m. and that the hours of operation would be to close at 1:00 a.m.  The Motion with recommendation was seconded by Doug Reoch and the Motion carried.

Final Hearing:

SUP 05-04 – Applicant, Matthew B. Philbrook requesting a Special Use Permit to build a rental complex commenced his testimony there was a huge need for this type of unit and desires to build for the community.

Board Member Tom Hollingsworth raised the question regarding spaces and the indication of four cars as the number of cars at the complex.  Applicant responded that there is additional space available.

Chairman, Paulus indicated a review should be given to the current Zone Ordinances re parking spaces and the amount of space necessary.  Additionally, Board Member Kellogg questioned if there would be additional parking spaces for small trailers, boats, etc.  Board Member Barcklay questioned whether applicant had additional plans for another four-plex on site, and Doug Reoch questioned the size of the parking lot area.

The hearing was then opened to the public and DON JORDAN spoke in favor indicating he had drawn up the plans and would prefer to see growth around the core of municipality, rather than sprawled out within the county, indicating this complex site is adjacent to the BTC area.

There was no uncommitted or neutral testimony.

The following gave testimony opposing this application:

DEBORAH RAU bought Ray and Linda Brown’s home and her concern was noise but a greater concern was the walkway on Walker Lane with noise, dust, garbage, and safety issues without sidewalks.

NATHON CLAIRMONT indicated his family was most affected by the proposal, because they live right next to the property.  He stated he had checked how the property was zoned when they purchased as residential.  He is concerned with traffic on Tamarack Road, the walking trail to BTC on Walker Lane, and no sidewalks to BTC.  Privacy is a real concern to Clairmont, as the proposed building would be very close and overlooking his bedroom.

DOTTIE GRAY lives on the corner of Walker and Badger Avenue and had same concerns regarding traffic, the children in the area, emergency response for fire, law enforcement, and medical emergency and the time frame, and someone parking on their premises to visit the complex

DOUGLAS LADELEY indicated same concerns as Mr. Clairmont and feels most families have more than two cars and is concerned about greater traffic.  He also gave testimony of concern that an additional building could be built, as well as the area being residential and not commercial.

BILL RAU indicated his major concerns were water and sewer and whether the complex would be city hookup.

Board Member, Schnuerle then questioned where the proposed facility would be placed and Philbrook responded the placement was to avoid the exhaust fans at the back of BTC and that the trees were to buffer the sound.  The problem was if trees were taken out to reposition the facility, Philbrook would lose his buffer.

Applicant, PHILBROOK then made his closing statement as a counter to the traffic and noise.  Mr. Philbrook testified that if he had known the noise level, which emanates from the BTC Store in advance, he would have fought the store development.  The Philbrook family has been in the community since 1955 and the response now is he cannot see the real issue regarding the traffic behind BTC since the store was built.

The hearing was then closed for public discussion.

John Kellogg then indicated two key issues that the Board should realize the responsibility for the adjoining property owners and that they had purchased their homes in a residential area and this should enter into their decision-making.  Kellogg indicated he is in favor of Boundary County having places for people to rent but that he is not in favor of the placement of this facility.  Chairman, Paulus indicated this issue had come up two times before but Philbrook had withdrawn.  Hollingsworth objected because of the access road and would be in favor if the access would be Walker Road and thus the facility placed in a different area.  The indication is that the Board is attempting to be aware that facilities have proper roads, and Hollingsworth indicated objection because of the access.  Hollingsworth indicated he would be in favor if the access would be by Walker Road and thus the placement of the facility would change. Chairman Paulus, and Board Member Reoch both agreed additional concern regarding the parking lot and the number of units proposed and parking spaces, as well as additional parking available for visitors and ingress and egress as a real issue.

A Motion was then made by Toby Schnuerle to approve with a stipulation that adequate parking would be computed with an increase by 2,400’.  Barry Davis seconded the motion.

A vote was then taken as those in favor:  Toby Schnuerle, Barry Davis, and Doug Reoch.

A vote was taken as those against:  Tom Hollingsworth, Rod Barcklay, and Trevelyn Sheppard

John Kellogg abstained.

Chairman, Paulus then broke the tie with a negative vote with a recommendation of disapproval due to the county road, traffic concern, and neighbors.

The Public Hearings were now closed.

Board discussion then followed regarding the Gift Deed Special Hearing scheduled for next Thursday, April 28, 2005.

The meeting adjourned at 7:25 p.m.