Boundary County Planning and Zoning Commission
MINUTES
July 21, 2005
Members present: Jim Paulus, Doug Reoch, Tom Hollingsworth,
John Kellogg, Toby Schnuerle, Rod Barcklay, Barry Davis. Members absent:
Trevalyn Sheppard. Staff present: Mike Weland.
1. Chairman Paulus called the meeting to order at 5:30 p.m. and called for reading of the June minutes. Hollingsworth made motion to waive reading and adopt minutes as presented, Barcklay seconded and the motion carried unanimously.
2. Paulus read the public hearing procedure and opened public hearing on CUP 0501. No member cited conflict of interest. Applicant Pastor Stan Kristoferson described the proposal, saying the purpose of the proposal was to provide an option for parents in the wake of the school board’s decision to implement a four-day school week. No staff report was given. Paulus called for comment from those in favor of the proposal. John O’Conner, who owns property to the northeast of the Nazarene Church, said it was a responsible use, though he had concerns over increased traffic. Overall, he stated the church had abided by the terms of their conditional use permit, and he favored the proposal. No one spoke uncommitted. In opposition, adjoining property owner Bob Michael said he didn’t feel a conditional use was the appropriate venue because the use did not constitute part of the church’s ministry and therefore did not meet the criteria of the zoning and subdivision ordinance and that the proposal was a business that should be processed as a special use. He said the idea was a good one, but not the location. He said fencing was not adequate to prevent children from wandering and didn’t provide sufficient security to safeguard children. Kimber Ruffu, an adjoining property owner, cited concern over wandering children and the impact of additional traffic. There being no further public comment, Paulus called for rebuttal from the applicant. Kristoferson said there would be a fee charged to offset expense, but the proposed use would be non-profit and operated under the auspices of the church. He stated that the number of students would be limited by the availability of staff, mostly volunteers from the church. He stated students would be supervised at all times, and that a new fence would be built for outdoor activities. He stated that the parking area at the church was ample and would preclude congestion on Meadow Creek Road. Hollingsworth asked what would prevent parents dropping students off there on days school was legitimately in session, Kristoferson stated the service would not be available on regular school days and that this would not be a “day care” at which parents could drop off students at their whim but a program in which students would be enrolled and schedules kept. There being no further public comment, Paulus closed the hearing to public testimony and called for discussion among members. Schnuerle stated that with the reduction of the school week, students needed a place to go, but said he was concerned over having that many children in that area due to noise and impact on surrounding residents. Hollingsworth asked if the workers would have background checks done prior to hire, Kristoferson said that all staff members with contact with students would be subjected to a full background security check, including an FBI check. There being no further discussion, Schnuerle moved to approve application CUP 0501 with the stipulation that services be offered only on Fridays or the day School District 101 cuts from the school schedule. Barcklay seconded and the motion carried unanimously.
3. Paulus opened hearing on application SUB 0505. No member cited conflict of interest. Applicant Rob Froelich described the proposal to develop eight lots each one acre in size with private access maintained by the property owners. He said covenants and restrictions would establish a minimum square footage for homes of 1,300 square feet, with no modular or manufactured homes. Water would be provided by Three Mile Water and by private wells. Because of inadequate water flows, sprinkler systems with self-contained water supplies would be required. There was no staff report. Paulus opened the hearing to public comment. There was no comment in favor. Speaking uncommitted, Ralph Byquist described the road layout and stated that a four-way stop sign should be situated there. Speaking in opposition were Harlan Brown, County Road 60, who said the proposal flies in the face of rural living. Erin Brown, an adjacent property owner, said there was a lot of horseback riding, bicycling and walking in the area, and that the area was not suited for the extra density. Jack Blake, an adjacent property owner, read a letter into the record and stated that such development would be a burden to Three Mile Water and North Bench Fire and that increased traffic would adversely impact the area. He questioned the need for another development. Teresa Taggart, an adjoining property owner, cited the increased traffic on County Road 60 and stated the effects would be felt beyond the immediate area. She questioned the impact of having wells beneath septic systems on one acre parcels and stated the proposal does not fit the neighborhood. Mark Taggart stated that he was concerned in that additional subdivisions are in the planning and development stages. Terry Grainger, an adjoining property owner, said his driveway connects to the drive established for the subdivision and questioned whether maintenance and snow removal would be adequate. Vicki Blake said no consideration had been given to the devaluation of surrounding properties and said the parcel under consideration was an interior parcel completely surrounded by existing residences. She said there was no green belt incorporated and no buffer between adjoining properties and that foundation work is already underway on one of the homes, and it’s directly in front of her home and will invade their privacy. She stated that approval of the application would make her part of a subdivision against her will. Danette Starr said she agreed with prior comment and was upset by the fact development had already started. Tim Patton said the comprehensive plan was written to preserve the rural lifestyle and recommended a moratorium on all subdivisions until county officials return from the upcoming workshop in October. There being no further comment, John Marquette, JRS Surveying, provided better maps of the proposal. Hollingsworth asked if the parcels included the road easement, Marquette stated they did, that property owners own to the center of the road. Hollingsworth said he was totally opposed to selling part of the road. Froelich stated that CCRs would limit each resident to no more than two dogs and would preclude obtrusive lighting and said restrictions would be enforced by a homeowner’s association. There being no further testimony, Paulus closed the hearing to public comment and called for discussion among members. Barcklay questioned staff as to when the area had been rezoned rural residential, Weland said it was done in 1999. Kellogg said he was opposed to the proposal because of its location. Hollingsworth made motion to forward to county commissioners a recommendation that application SUB 0505 be disapproved. Kellogg seconded and the motion carried unanimously.
4. Paulus opened public hearing on SUP 0508. Applicant Elvie Miller stated he’s owned the subject parcel for five years, and that at the time he split it he wasn’t aware there was a ten-acre minimum lot size requirement. He stated that the proposed plant would be the second plant established by Meadowlark Log Homes, the first being a bigger plant in Libby. He said the plant would be smaller, that a small office was included for selling products such as stain and chinking. There was no staff report. Paulus opened the hearing to public testimony. No one spoke in favor of or uncommitted. Miller noted the petition included in the application in favor, and said the signers were neighboring property owners. Tim Patton asked about the special use process and stated he opposed the application. Don Sappington, who lives about 1 ¾ mile from the proposed site, spoke in opposition, saying he was concerned about the peace and quiet of the neighborhood, increased traffic and damage to roads. He stated there was a lot of horse riding in the area and that increased traffic would pose hazard. He stated that he was concerned on damage to the road during the spring and fall. Paulus read for those in attendance the letter submitted by road superintendent Jeff Gutshall that the County Road was sufficient to handle the estimated traffic, including heavy trucks. There being no further public comment, Paulus called for rebuttal. Miller stated that he is very used to spring breakup and said that they arrange their schedule so as not to haul during that period. He stated that equipment used in preassembling log homes included a bandsaw, a crane and chainsaws. There being no further comment, Paulus closed the hearing to public testimony and called for discussion. Reoch made motion to forward to commissioners a recommendation of approval, Schnuerle seconded and the motion carried unanimously.
5. Discussion was held of the proposed fee schedule prepared by staff at the request of Kellogg to ensure that both publishing and the cost of administrative supplies was covered by the applicant. After discussion, it was decided to increase staff recommendations on zoning certificates and certificates of exemption from $20 to $35 and to increase the commercial industrial site plan to $50. It was agree to proceed to public hearing on the proposal at the August meeting.
6. Members discussed the county commissioners recommendation on gift deeding, It was determined that Section C was redundant and could be omitted. All else was approved and it was determined that this item as well as the rates would be combined into one amendment application and be presented at public hearing in August.
7. Discussion was held on establishing minimum road requirements in subdivisions. Staff stated he had not contacted Jeff Gutshall but would do so by the next meeting.
8. There being no further business, Hollingsworth moved to adjourn, Davis seconded and the motion carried unanimously. The meeting adjourned at 7:30 p.m.