MINUTES

Boundary County Planning & Zoning Commission

May 19, 2005

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

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

Chairman Paulus opened discussion with the comment that the Board needed to appoint a Vice Chairman, since the resignation of Jane Kirby.  John Kellogg nominated Tom Hollingsworth.  Rod Barcklay nominated Toby Schnuerle.  A vote was taken by ballot and was a tie vote.  Chairman, Paulus flipped a coin, and Tom Hollingsworth honored the toss with a heads call on the toss of the coin.

The video entitled A Guide to Growth Management for Idaho City and County Officials was waived because of the heavy hearing schedule.

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

Jeff Gutshall, Superintendent of Boundary County Road and Bridge spoke regarding the transportation system for Boundary County and our road system with emphasis on specific parts of the county long-term road planning system and road standards.  Gutshall’s visit to the Board was to also express his knowledge regarding the subdivision questions he had been fielding for the developers.

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

LLA 05-02 , an application by Larry A. Glahe, dba GLAHE & ASSOCIATES starting the public hearing for a Lot Line Adjustment.  Chairman, Paulus stepped down due to a conflict of interest.  Glahe gave testimony for the owners, David E. and Dea Bridgett Story.  After the surveyor’s explanation, the hearing was then opened to the public with no one in favor, neutral, or opposed.  Consequently, no closing statement was made, whereupon Rod Barcklay made a motion to accept the Lot Line Adjustment, which was seconded by John Kellogg.  The Motion carried unanimously by the Board.

SUP 05-06 – Application by Scott E. Crane for a Special Use Permit to operate a small excavation business and to sell utility and dump trailers on site.  Staff read Hazel C. Pharris’s letter of opposition into the record and then Mr. Crane gave his testimony for his application.  A question followed from a Board Member as to the distance the trailers would be displayed from the highway, which was verified as being off the highway frontage. 

Public Testimony then followed with no one in favor, and no one neutral.

Testimony followed with Jacob Epstein opposed and concerned with someone opening a business within an agriculture/forest area not designated as commercial.  Mr. Epstein expressed Highway 95 north of Bonners Ferry should not have Special Use Permits to do businesses.

Dorothy Smith read her testimony into the record strongly opposing.

Applicant Crane’s closing statement indicated the equipment was small enough to pull around with a pickup truck, he had no intentions to employ anyone, and would maintain a low profile regarding this small home-based business.  He indicated he has a nice, new home on site and will keep the project small.

Board Member John Kellogg then questioned applicant regarding loading his own equipment and taking to own job destination and that the trailers would be ¼ mile from highway.  Applicant also indicated a sign would be required to become a dealer on behalf of the trailer sales, and applicant would have to comply with the P&Z Ordinance regarding the sign size.

A Motion was then given by Board Member Toby Schnuerle to approve, which was seconded by Barry Davis.  The Motion passed the Board unanimously.

SUB 05-03 – Applicant, Scott G. Pierson, dba BALANCE BUILDERS, INC., represented by Steve Moyer, North Star Surveying, to create a nine-lot subdivision from a 48.850 acre parcel.

Chairman, Paulus questioned why the lot sizes were less than the zone district of five (5) acres, followed by a question by Board Member Barcklay regarding the type of drive and size, and a question from Board Member Hollingswoth if there was a written easement agreement for the private road.

Public Testimony then followed with no comments in favor.

Charles Drexel spoke neutral indicating he lives within ¼ mile from the parcel.  Thoughts were Progress is Inevitable but had concerns that the beauty of the area would be maintained for our community and that he desired reasonable setbacks.  Mr. Drexel indicated he was okay with the project providing utilities were available and asked the Board to consider wisely.

No one gave testimony in opposition.

Applicant closed with a statement the developer was considering tree planting for separation of the lots and that the desire was to maintain a real rural feeling.  Mr. Pierson indicated all utility concerns had been addressed and that he took pride in his work.

Discussion then following by the Board Members regarding the lot sizes, the project elevations, contours, etc., and that Lots 6 and 7 were quite limited toward the back side as the property slopes off on the bench.  Board Member Kellogg then indicated five acres, five acres, and five acres.

Board Member Barcklay contributed he felt very strong about the zone district staying at the five-acre minimum, that he doesn’t want the door opened to have lots smaller than the zone district, and that he desired to have the roads held as close to county road specs as possible. 

Board Member Schnuerle then addressed the rearranging of the lots to keep within the five-acre minimum and still have the nine (9) lots as presently platted out.  Chairman, Paulus indicated developer could put in less lots.  Board Member Hollingsworth indicated he too wanted to stay within the zone district minimum size of five-acre parcels.  Chairman, Paulus then offered his comment that the developer builds excellent homes.  Board Member Reoch evidenced concerns regarding the private road and that it should be treated for dust abatement. Applicant indicated the road now serves six (6) other properties and will also service subject subdivision’s nine (9) lots.

A Motion was then made by Board Member Hollingsworth to approve based on a new survey complying with the five (5) acre lots, which was seconded by Rod Barcklay.  The Motion then passed unanimously by the P&Z Board.

Final Hearing – SUP 05-05 by applicant, Rick Dinning on behalf of TUNGSTEN HOLDINGS, INC., to operate a gravel pit and rock quarry with Rick Dinning, the president offering testimony for the need of a rock pit in the Porthill area.  Mr. Dinning’s testimony continued with Tungsten owning 308 acres with the seven-acre pit area situated in the middle of the property, that the nearest neighbor was eight (8) miles away, that the Stippich Pit, a comparable pit, was 23 miles away, and that the Road & Bridge Supervisor had approached applicant regarding material.

P&Z Board Member discussion then followed regarding the time frame for crushing the material as 60 contiguous days, the difference between pit run and size of material, whether applicant would expand the area if he ran out of material and how far out of the seven (7) acre area, and the status of blasting the site for the material.  Additional questions were discussed regarding the number of vehicle trips, if Boundary County used the pit the number of trips, and the limitations on the Ponsness Pit and the Bushnell Pit in the vicinity. 

The hearing was then opened for Public Testimony:

Those In Favor – NONE

Those Neutral – Steve Banks testified his desire for applicant to do additional research regarding environmental impact on the area.  Has the DEQ been contacted?

Patrick Gardiner then gave testimony in opposition regarding requesting a 45-day continuance, which was denied by the Resource Planner.  Mr. Gardiner indicated he wanted time to prepare a written document.  Additional comments from Mr. Gardiner was that Verizon had not been given proper notice.  Mr. Gardiner indicated he has 220 acres adjoining, has registered cows, and was concerned about blasting, because this would agitate and excite the cows.  He stressed he has an embryo program and was concerned about the breeding of his cows and indicated if the cows were stressed, he would not have an embryo program.  He also expressed concern about his water and his well and has spent considerable amount of money for his irrigation system and that his water system would be disturbed by the blasting.  He testified that when Kiewit was blasting for their road, Porthill water went down and that the blasting caused redirection of the water and that a fourth gravel pit in the area would make this Pit Row.

Further questions ensued from Chairman, Paulus regarding HB230.  Chairman, Paulus commented HB230 had been amended by Senate Bill 1228 which exempted fugitive emissions and that HB230 was originally put in for the dairy industry, which was then amended by SB1228.

Pam Ponsness then gave opposing testimony regarding the railroad grade position and access, to whom would the material be sold, and that Ponsness had an approved pit permit but apparently proper arrangements with Boundary County for material had not been consummated.  She continued with testimony regarding their proposal to the County as wanting “in kind” works without any reciprocation and that their desire for a stipulation with the County that no money change hands but “in kind” transaction, but Boundary County still will not use their material. 

Chairman, Paulus then questioned whether Ponsness had a signed contract, and the Ponsness answer was no.

Ada Gardiner testified she had moved into the agriculture area and started their ag business.  She stated she is worried about the peaceful enjoyment of their property from the gravel pit and reiterated there was four gravel pits in the area, and that the proposed gravel pit owner was an absentee owner and didn’t really care about what was going to happen to the area.  She also testified her concern regarding the potential lower value of their property.

Applicant, Rick Dinning’s closing statement clarified his thoughts regarding Boundary County receiving material from subject pit and that Tungsten was not depending on the County as a source for the material and that their anticipation was from others.  Mr. Dinning then indicated Munson didn’t have adequate rock and also clarified the subject property was owned to the County Road and there was no issue about railroad property, and that they would get a permit from the county for road access.

Dinning further commented that their ancestor’s had been here since 1937 and that two of his uncles had owned Gardiner’s property, so they were not “out of county” residents and that the mother, brother, and brother-in-law were owners of Tungsten and not “out of county” residents.

The hearing then closed for public testimony Chairnman, Paulus called for Board discussion following:

Board Member, Barcklay indicated his desire for Jeff Gutshall to volunteer an explanation or to answer the County issue question and Member, Toby Schnuerle indicated he also wanted to hear an explanation from Mr. Gutshall.  Chairman, Paulus cautioned the Board that he felt if this would hold any bearing on whether or not the Planning and Zoning Board would approve or disapprove and further stated he didn’t want to put anyone in a position to have to jeopardize their position in the County and that Planning and Zoning had to make the decision whether this was conducive to the Comprehensive Plan.  Chairman, Paulus read to the public portions of the Comprehensive Plan, as well as part of the Staff Report.  Board Member, Reoch questioned how this project would impact the adjoining property owners, with Board Member Hollingsworth indicating his thoughts that this was a double-edged sword and that it would, and additionally questioned the County Agreement with the other pits in the area.  Chairman, Paulus gave caution to the Board that they should filter through the public testimony and concentrate on the Comprehensive Plan and not on here say.  Board Member Schnuerle discussed that current pits in the vicinity had not been developed into pits to be able to remove material, that there were three (3) pits in the area to his knowledge, and that you couldn’t go and get any material because none of them were developed as actual working pits.  Chairman, Paulus indicated concerns regarding the agriculture participants and their business for raising cows.  Board Member Kellogg discussed reclamation for the pits and indicated how anyone could testify and know the blasting influence on the water and that a gravel pit covering seven (7) acres would be an open-face mine and not just a gravel pit.

Discussion then followed regarding stipulations regarding the calving season protecting adjacent property, water, and blasting.

A Motion was then made by Board Member Kellogg to deny this SUP, which was seconded by Barcklay.

Chairman, Paulus then called for a vote.  The Board Member vote was as follows:  three (3) to deny, one (1) abstaining, and two (2) votes to approve.

The Public Hearing was now closed.

Board discussion then followed regarding a special dinner for retiring Board Member, Jane Kirby, with several suggestions offered by member, Tom Hollingsworth.

The board then interviewed Delton Amoth, applicant for P&Z Board Member to replace retiring Jane Kirby.  Chairman, Paulus requested that additional time and consideration be given and for Staff Member, Adams to advertise this Board Member opening.

The Meeting Adjourned at 8:20 p.m.