Boundary County Planning and Zoning Commission

MINUTES

April 20, 2006

Members present: Rod Barcklay, Henry McMahon, Doug Reoch, Barry Davis, Jake Negley, Toby Schnuerle, Delton Amoth. Members absent: John Kellogg. Staff present: Mike Weland.

1. Hollingworth opened the hearing and called for reading of the February minutes. Reoch made motion to waive reading and accept the minutes as mailed. Barcklay seconded and the motion carried unanimously.
2. Hollingworth read the procedure for the hearings and opened public hearing on CUP 06-01 by the Assembly of God Church. Member Earl Berwick, Naples, spoke on behalf of the applicant, stating that the church had been a good member of the Bonners Ferry community for 60 years and had outgrown its space. He stated that the property had been purchased several years ago with the intent of building a new church. He stated that the actual building would be more modest than that depicted in the application. Hollingworth called for staff report; Weland stated that the only public comment on the proposal came from the Highway Department saying that the approach and access had been approved. Reoch asked staff if septic had been considered, Weland stated the applicants would have to obtain a permit from Panhandle Health. Hollingworth opened the floor for public comment, there was none. There was no closing statement from the applicant. Hollingworth closed the hearing and called for discussion among members, there was none. Barcklay made motion to approve the proposal as presented, adding the stipulation that the applicant obtain permit from Panhandle Health and other state agencies. Reoch seconded and the motion carried unanimously.
3. Hollingworth opened public hearing on application SUP 0601 for an ornamental rock quarry by Richard Schnuerle. No member cited conflict of interest. The applicant stated that the proposed quarry was on Black Mountain Road, that his interest was in marketing ornamental rock only and that no crushing operations would be required. He stated that drilling and blasting would be required no more than twice per year, and that actual operation of the pit would probably only occur three to four months out of the year. Amoth asked how close the proposed pit was to Oscar Anderson’s, Schnuerle said approximately 200 feet. Toby Schnuerle asked the distance to the nearest house, the applicant stated about a half mile. Negley asked how much explosive would be used in each blast, the applicant stated he did not know, that all blasting would be done by professionals. Reoch asked why blasting should be limited to twice per year, and asked the applicant if he realized that by placing that restriction, adding more days should that become necessary would require a new application. Schnuerle stated he felt twice per year would be sufficient. Toby Schnuerle asked what time of the year blasting and drilling was anticipated, the applicant said the most likely time would be July through August. Hollingsworth asked for staff report, and Weland described the letter from Oscar Anderson requesting that the county adopt the private Anderson road into the county road system. Staff stated the P&Z Commission had no authority to make a recommendation on that request, and recommended that the letter be forwarded immediately to County Commissioners so they could take appropriate action. Members concurred. Hollingsworth opened the hearing for public comment. No one spoke in favor of or uncommitted on the proposal. Clarence Jones, Highland Flats, stated that Anderson had ceased blasting in his pit about a year ago because of impact to neighbors, and stated that there were several houses being built in the area. He stated that he’s building homes approximately ½ mile from the proposed quarry. He stated that the roads were not capable of handling the additional heavy truck traffic, and stated such an operation would increase dust and slide potential on County Road 6. He stated blasting would increase the danger of slides, and said there had been slide activity less than a mile from the pit. He stated that the county road leading to the pit was curvy and often congested, and that additional truck traffic would pose a danger. He stated that a one lane bridge limited access. He said that allowing this permit would establish an isolated commercial and industrial area. He stated that his biggest concern was the impact on his home, and the reduction in property value that would result should a pit be established. He cited the comprehensive plan as advocating private property rights, and said that were the pit approved, he intended to file suit at the first blast. Davis asked how long Jones had lived in the area and Jones stated since 1992. McMahon asked if school buses used Anderson’s road, Jones said he had never seen any. Barcklay asked if Jones had plans to develop, Jones said he plans to sell one existing home currently used as a rental. Reoch asked if the dust on Anderson’s road directly affected his home, Jones said it did not. Hollingsworth called for additional testimony from those opposed. Dr. John Gale, Highland Flats, stated he owns Hidden Valley Tree Farm and has resided in the area for 20 years. He stated that blasting at Anderson’s pit damaged his home and shook the house. Schnuerle asked where he lived in relation to the pit, Dr. Gale said he lived a little closer than Jones, approximately ½ mile from the pit. Barcklay asked if it could be proved the blasting did the damage, Dr. Gale stated he showed Mr. Anderson the damage and Anderson quit blasting. He stated that since the blasting was over, he could now affect repairs to his porch. Tim Patton, Naples, spoke in opposition, asking if the applicant had obtained necessary state permits. He stated he had spoken to DEQ personnel, who told him that blasting could cause hydrological damage and increase turbidity. He stated that heavy truck traffic caused compaction of roadways and could alter normal water channels. He said blasting would disrupt wildlife. Schnuerle pointed out that any human activity disrupted wildlife, and stated that the commission had heard Patton’s opposition on many proposals, and that it was the same every time. A short argument ensued and Hollingsworth restored order. Davis asked if there was documentation that heavy truck traffic caused water course alteration, and Patton stated he could obtain such documentation. Barry stated that the road is constantly used by logging trucks, and said he saw no difference between logging trucks and dump trucks. Hollingsworth asked staff whether additional permits would be required, Weland stated that the applicant would be required to obtain a permit from the Idaho Department of Lands, file a reclamation plan and post bond, and recommended that if a recommendation of approval was granted, that this be attached as a condition. There being no further public comment, Hollingsworth asked for a closing statement. The applicant stated his concern that many people didn’t actually know where the proposed pit was, citing an error in the legal publication that put the pit on County Road 6A, nearly a mile away. Davis asked the applicant he had owned the property, Schnuerle said about 45 years. There being no further comment, Hollingsworth closed the hearing to public testimony. Phil Schnuerle asked if the time for comments in favor had already passed, Hollingsworth reopened public hearing to allow his comment. Phil stated that in 1996, Highland Flats Hill washed out and the county expended significant funds in repairing the damage. He stated it would have been much cheaper had the county been able to acquire rock from a nearby pit than having to transport it from pits farther away. Amoth asked if Anderson had been blasting at the time of the washout, Schnuerle said he didn’t believe they were. There being no further comment, Hollingsworth closed the hearing to public comment and called for discussion. Citing concerns raised regarding blasting, Barcklay said the original application called for blasting only twice per year, and discussion had established a specific time of the year, June through September, when blasting would occur. Weland stated that on similar applications, a condition was imposed requiring that the applicant notify landowners within a certain radius of proposed blasting dates in advance, and that he also notify planning and zoning to allow a press notice. Discussion was held on blasting methods, and it was noted that Anderson no longer used explosives, employing instead an expansive agent that split rock. It was noted that the reason, in large part, was because Anderson specialized in decorative work, carving and polishing, and that explosives damaged too much material by fracturing. There being no further discussion, Hollingsworth called for a motion. Davis made motion to forward a recommendation of approval with the condition that blasting be limited to no more than two times per year, that blasting be limited to the months of June through September and that property owners within one half mile of the pit be notified in writing of blasting dates at least 14 days before blasting is to occur, and that notice also be sent to the zoning administrator for public notification. Reoch seconded the motion, and the motion carried, with six members voting “aye” and Toby Schnuerle abstaining.
4. Hollingworth called a five minute recess.
5. The meeting reconvened and Hollingsworth opened public hearing on application SUP LP 0602 by the Schnuerle Brothers, Inc. Toby Schnuerle cited conflict of interest. Applicants Max Schnuerle, County Road 41, stated they proposed to divide 106 acres of the parcel, located east of Mirror Lake Golf Course, into 18 surveyed lots. He stated the roads had been installed, the water was in and work on getting electricity and telephone service to the lots was underway. He stated the zone district called for five acre parcels, and stated the lots would range in size from five to 7.6 acres in size. Barcklay asked to what standard the roads had been built and Max stated they were very near to county road standards, describing the base and fill rock used. Weland stated that the size was included in the application, that it would be a 24-foot-wide, all-weather surfaced road on a 60-foot access and utility easement. Negley asked who would maintain the road, and Schnuerle stated it would be maintained by the property owners. Discussion was held of the placement of homes in relation to sloped areas, and Schnuerle provided an aerial photo and showed that the homes would all be on level areas, each offering a view. Discussion was held on access, and staff stated that ITD had requested the file, which had been provided them, and no comment had been received. Barcklay noted the US 95 slide of 1997 that slid onto the golf course, Schnuerle said the slide did not affect his property. Hollingsworth stated he had concern that the access of the highway was on a curve, and Schnuerle stated that the existing access had been approved years before by ITD. Hollingsworth called for testimony from those in favor. Ty Piper, Coeur d’Alene, said he was interested in buying one of the lots to build his retirement home, and stated that the subdivision was well planned and showed good foresight. He stated the subdivision would be an asset to the community. Speaking uncommitted, Jacob Epstein asked for clarification of the long plat process, and discussion was held on new requirements under the emergency ordinance and what previously existed. No one spoke in opposition to the proposal. There was no closing statement, and Hollingsworth closed the hearing to public testimony and called for discussion. McMahon said he was concerned about the lack of response from ITD, staff stated they had been provided ample opportunity and that ITD was typically very good about expressing concern. It was stated they would have additional opportunity, as a second public hearing was to be held before County Commissioners. There being no further comment, Hollingworth called for a motion. Davis made motion to forward to county commissioners a recommendation that the application be approved as presented. Amoth seconded and the motion carried unanimously.
6. On unscheduled business, Davis called for discussion of testimony from the public, asking if it was necessary to hear repetitive or inapplicable testimony. It was determined that everyone had a right to present their views, but that time limits could be established and enforced.
7. Hollingsworth stated that during the break, Toby Schnuerle had been verbally assaulted by Tim Patton in the restroom, and that as a result, he’d asked Patton to leave the meeting. Staff stated that Patton had a known history of confrontational behavior. He said that while it was necessary to listen to all testimony, there was no requirement that members of planning and zoning respond, only that they weigh the testimony and make their own judgment as to its value and merit.
8. Staff provided members a written report on progress to date on the comprehensive plan.
9. There being no further business, Reoch made motion to adjourn, Davis seconded and the motion carried unanimously. The meeting was adjourned at 7:30 p.m.