Boundary County Planning and Zoning Commission

MINUTES

December 15, 2005

Members present: Jim Paulus, Doug Reoch, Tom Hollingsworth, John Kellogg, Barry Davis, Rod Barcklay, Delton Amoth. Staff present: Mike Weland. Members absent: Jeff Mellinger, Toby Schnuerle.

1. Paulus opened the meeting and called for a reading of the November minutes. Staff read a letter submitted by Clay Simmons citing misattribution of a quote during that meeting, and recommended that the name be stricken and replaced with “unknown speaker.” Kellogg made motion to waive reading of the November minutes and that they be approved as amended. Hollingsworth seconded and the motion carried unanimously.
2. Paulus reopened public hearing on application SUB 0514 by John Taft. Staff reported that the applicant had again requested the hearing be tabled for a month pending potential sale of the property. Per the applicant’s request, the hearing was tabled until the January, 2006,meeting.
3. Paulus read the public hearing procedure and opened public hearing on VAR 05-07 by Pat Carson. Kellogg cited conflict of interest and abstained from participation. The applicant described the parcel on which variance was sought as backed by U.S. Forest Service land and fronted by old U.S. 95, segregating that portion from an original 10-acre parcel. He described the terrain, stating that a seasonal drainage separates the parcel. He stated he had been issued a zoning certificate to build, but was advised by Panhandle Health that the drain field needed to be 175-feet from that drainage. Staff read a letter submitted by Cheryl Webster into the record. Paulus opened the hearing to public testimony and Carson added that water on the property was supplied by Mission Creek and that Panhandle Health had approved the placement of septic. No one else spoke on the application. Paulus closed hearing to public testimony and called for discussion. Hollingsworth asked the applicant if he had anything in writing from Panhandle Health assuring that seepage would not affect wells on adjoining properties, Carson did not. Hollingsworth read IC 67-6502 regarding the duties of the planning commission. Carson said the application for variance was not primarily for septic placement, but to provide better placement of the home and garage. Barcklay said he didn’t have an issue and would be willing to grant the variance with Panhandle Health approval, especially as the property abuts Forest Service land. There being no further discussion, Hollingsworth made motion to approve application VAR 05-07, Reoch seconded and the motion carried unanimously.
4. Paulus opened public hearing on combined application AM 0515 and SUB 0513 and explained that the board would first hold hearing on the application for amendment. Bob Gallaher displayed a plat map showing the parcel and said the request for rezone was based on the topography of the parcel, which he described as mostly sloping and rocky, with two benches that provided suitable view building sites. He said a 30-acre portion of the parcel in the Moyie River canyon was unsuited for building and would be left as it is. He stated that the property was not productive for agriculture. He stated that there was year-around access to the parcel, that phone service was available and that he had discussed water with the president of the Skin Creek Water Association and was informed that water was available, but that upgrades to the system would be required. He stated he had agreed to fund the upgrade. He stated that water could also be provided by well. Paulus asked if he could maintain the existing 10-acre minimum lot size, Gallaher stated that he could, but that ten acre parcels would not allow best use of the property. Paulus asked when he’d purchased the property, and if the applicant knew that the parcel was zoned agriculture/forestry when he purchased. Gallaher said he purchased the property in June, and that he was aware of the zoning, but said that at the time he purchased, the provision for designed development was in place and that his intent had been to apply under those provisions. With the emergency ordinance in place, he chose to seek zone map amendment to allow five acre parcels. Paulus stated that under a designed development, the proposal had to provide extraordinary design considerations, and asked the applicant what was extraordinary about the subdivision proposed; Gallaher stated that it was the topography. Staff read two letters into the record in opposition to the proposal. Discussion was held on the impact to the Skin Creek Water Association. Paulus opened the hearing to public testimony. Herman Mesenbrink, who owns adjoining property, spoke in favor of the amendment, saying he felt the plan looked good and that a five-acre parcel size was not out of the question, as ten-acre lots typically have about two acres maintained while the rest remains unkempt. He said ten-acres was too large. Barcklay asked where the individuals who wrote the two letters read earlier resided in relation to the parcel, Mesenbrink said approximately a mile east. John Moss, president of the Curley Creek Fire Association and a member of the Skin Creek Water Association, spoke uncommitted, saying he wanted to clarify that water was available, but the problem was in delivery to the site. He said he had concern over water availability in an emergency, and stated that there was a 10,000 gallon emergency supply at Evergreen School, but that it was earmarked for the school and would not be available in the event of fire in the proposed subdivision. He stated that the existing roads were sufficient for emergency vehicles, but said the roads were not designed for heavy traffic. He stated that a holding tank on the property for emergency use would be beneficial, and Gallaher stated that he could place such a holding tank and pointed out a location on the plat map. Ken Brink, who resides in the area, stated he was concerned about septic, because the land slopes down to the Moyie River near the points where the City of Moyie Springs and the Three Mile Water Association draw water. He stated that DEQ regulations on holding tanks and water quality may complicate placing a holding tank on the property. Martha Jones said she was concerned that allowing the application would take away the things that people come here for, and said that she felt people keep wanting to trade profit at the expense of quality of life. Speaking in opposition to the amendment, Jacob Epstein, Copeland, said he saw no overriding public necessity to vary from current zoning and didn’t see a real reason for the change. Kennon McClintock, who lives approximately one mile east of the parcel, requested the commission uphold the 10 acre minimum parcel size to avoid sprawl, and stated that fragmenting would eventually have an adverse impact on agriculture and timber. There being no further comment, Paulus called for a closing statement. Gallaher said that the land is too steep, and that the natural contours of the property with two benches for home sites lent itself to very nice homesites. He stated that current zoning in the City of Moyie Springs to the west allowed much higher density, and said the development would improve the local tax and consumer base. Barcklay questioned the benefits to the tax base, saying that there have been 500 recent splits, but that most had not been built on. Paulus closed the meeting and called for discussion, and spoke of the economy, saying that it was a fallacy that brining in people would improve the tax base considering the immediate costs imposed on schools and road and bridge. Kellogg said he worried when topography was cited as a rationale for development. He said the area was zoned agriculture/forestry for a reason, and said he saw no need to change. Davis said he saw no reason to allow the change from current zoning. Hollingsworth said the comprehensive plan process has started, but that at this point they didn’t know what the public wanted, he said he felt the board should wait and find out, and that until that process was through, he couldn’t support the application. Staff advised that in making a decision, each component of the comprehensive plan had to be considered and factored into the decision; Paulus requested he read component one and staff did. No comment was provided. Barcklay made motion to forward to county commissioners a recommendation that application AM 05-15 be disapproved; Kellogg seconded and the motion carried unanimously.
5. Under old business, discussion was held regarding the comprehensive plan review process and discussion was held regarding mailing the questionnaire to all Boundary County property owners. Reoch made motion that staff draft a request to county commissioners to fund mailing the questionnaire to all Boundary County property owners, Amoth seconded and the motion carried unanimously.
6. There being no further business before the commission, Reoch made motion to adjourn. Hollingsworth seconded and the motion carried unanimously. The meeting adjourned at 7 p.m.