Boundary County Planning & Zoning

MINUTES

February 21, 2008

Members present: Jake Negley, Tom Hollingsworth, Rod Barcklay, Henry McMahon, Bruce Behrman, Jan Christenson, Doug Reoch. Members absent: Barry Davis. Staff present: Mike Weland

1. Hollingsworth opened the meeting at 5:30 p.m., introduced members and called for reading of the December minutes. Reoch made motion to waive reading and approve minutes as mailed, McMahon seconded and the motion carried unanimously.
2. Hollingsworth called for election of officers. McMahon made motion to retain officers as previously elected, Barcklay seconded and the motion carried unanimously.
3. Hollingsworth introduced commission applicant Matt Morgan, who stated his background and interest in serving. Hollingsworth called for vote by ballot and members unanimously agreed to recommend to county commissioners that Morgan be appointed to a full term on the Planning and Zoning Commission.
4. Hollingsworth read the hearing process and opened public hearing on application 08-005.
   1. Applicant Jeremy Grove stated that a lot of kids and adults are into paintball, and presently the nearest insured course is in Spokane. He said that paintball is now a college sport and that over 30-million people play. He stated that he planned to be a paintball dealer and course master, and said he was taking classes to become a certified referee. He said that insurance provisions precluded any drinking on the course and that those who violated course rules would be permanently excluded from being on the course. He said that the paintballs used were non-toxic and biodegradable, and that the guns used were powered by CO2, thus there was little noise and no fire hazard. He discussed the safety rules that would be in place. He said such an enterprise would benefit recreational opportunities in the community and would be an economic benefit, stating that many parents dropped their kids off at the course and spent the day shopping. He said that he is in negotiations with the Idaho State Police to utilize such a course for rural SWAT training.
   2. Christenson asked how much area would be used for the course, Grove said approximately 12 acres. Christenson asked what methods would be employed to prevent “spill off,” or people going off the course, Grove said that a 150-foot buffer from roads and surrounding property would be set off using ribbons and netting to delineate the field of play.
   3. McMahon asked about the range of the guns, Grove said that high-end guns, such as those which would be used by SWAT teams, would reach about 150-feet, though most guns had an effective range of 20-50 feet. He stated that the paintballs were designed to break on light impact. He presented a paintball for members to examine. McMahon asked if the proposed use would be year-around, Grove said it would be mostly a summer activity taking place between May and September, though winter events could be undertaken on special occasions, such as New Years, using balls designed for cold weather.
   4. Barcklay asked for additional detail on parking and access, Grove stated that most traffic would reach the site off U.S. 95 and that all parking would be on-site.
   5. Hollingsworth asked for staff report, staff stated that a late letter in opposition to the proposal had been submitted by Pete and Georgia Jiminez, which had been provided members.
   6. Hollingsworth called for public testimony from those favoring the proposal. Linda Grove, owner of the property, said that for years the community has looked for activities for kids, and that currently a number of Boundary County kids traveled regularly to Spokane to play paintball. She stated that allowing the proposal would save local players that trip and would attract players from outside the area, and that it would enable local kids who couldn’t afford traveling to Spokane the opportunity to play.
   7. Sherry Nash, whose son plays on a team sponsored by the Kootenai Tribe, stated that she regularly takes a large group of kids, typically 8-10 per trip, to play and compete in paintball throughout the region, making regular trips to Spokane. She said having a local course would encourage more people to play and save the expense of travel. She spoke of the rules involved, and stated that there were very seldom violations as they were enforced by permanent banishment from the course.
   8. Fred Orzalli, an adjoining property owner, stated that his only concern was establishing a wider buffer.
   9. Hollingsworth called for comment from those uncommitted on the proposal. Georgia Jiminez, Pleasant Valley, stated that she had submitted a letter in opposition to the proposal, but that Mr. Grove had visited and better explained the scope of the proposal, addressing most of her and her husband’s concerns. She stated that the community does need recreational opportunities for kids, but that she was concerned about parking.
   10. Kevin McLeish, Paradise Valley, stated that he didn’t see anything wrong with Mr. Grove using his own property to provide a service to the community, and stated that paintball would be a non-impactive event.
   11. Carolyn McNeil, Pleasant Valley, said she didn’t object to the proposal, but said that sanitary facilities needed to be addressed and she expressed concern that traffic and parking might interfere with a new fire station being built in the area this summer.
   12. Hollingsworth called for testimony from those opposed. Judy Mace, Deep Creek Loop, said there was a railroad access into the property used regularly by hunters, and said she was concerned over the use of that access by participants.
   13. Mike Oehler, adjoining property owner, said the area was inappropriate for such use as there were houses within hearing distance, and that such an activity would entail, by its nature, much yelling and hollering. He stated that would interfere with their peaceful enjoyment of property. He stated he had concerns with the potential of participants leaving the property and trespassing on adjoining properties. He stated that he was concerned about people smoking in the woods and the threat of forest fire, and the potential expansion of the operation.
   14. Fred Orzalli said he was concerned with traffic and dust.
   15. In rebuttal, Jeremy Grove said that his father, Don Grove, routinely hires a private party to provide dust control on the road, and stated that concerns over noise were unfounded as the equipment used was quiet and the participants, if they yelled, would get shot. He stated that there would be no smoking on the course, and that each session would be monitored by a referee to ensure rules were abided by.
   16. Reoch asked the applicant about the potential for having tournaments and the number of people that might be involved, Grove stated that with 12 acres, the maximum number of people involved would be 100. Grove stated that all parking would be provided on-site, with no on-road parking permitted, and said there was sufficient land to accommodate parking well in excess of the maximum number of people who could participate. He stated that a U.S. Forest Service-approved fire truck would be maintained on site during all events.
   17. There being no further testimony, Hollingsworth called for discussion among members. Reoch stated that such use offered potential for good clean fun for kids and adults, but said he was concerned about traffic. He stated that this use was something the community and the commission looked for, as it offered both commercial potential and the opportunity to provide something for people to do. He said that, if approved, provisions needed to ensure of a barrier to prevent any vehicles passing by from being hit. McMahon said that he was concerned over the potential for injuries during such events, and said he would like to see provisions to have a first-aid qualified person during paint ball sessions. Barcklay said he was concerned that the fire truck be kept on site during events, and said measures needed to be included for dust control.
   18. There being no further discussion, Hollingsworth called for a motion. Reoch made motion to forward to county commissioners a recommendation of approval, to include a recommendation that county road and bridge be made aware of the potential for increased dust and the need for abatement, and with the condition that a setback of at least 60-yards be maintained between the course, adjoining properties and Lookout View Road. McMahon seconded and the motion carried unanimously.
5. Hollingsworth opened hearing on application 08-007.
   1. Applicant Elvie Miller described the rock wall bisecting his property and explained that granting a variance would allow a better configuration of the property. He stated that he was not seeking to create any additional parcels, but seeking to better utilize the land in conformance with the physical features of the land.
   2. Staff reported that a letter in opposition had been submitted after deadline by adjoining property owner Bill Leach, provided to members at the outset of the meeting.
   3. Hollingsworth called for public testimony from those in favor of the proposal. Kevin McLeish, an adjoining property owner, stated that the proposal would not change the overall density of the land but would place the homes closer together.
   4. There were no comments uncommitted nor opposed, nor was there rebuttal by the applicant. Hollingsworth closed the hearing to public testimony and called for discussion among members. Reoch stated that the proposal met all the requirements of a variance. Christenson made motion to approve application 08-007 based on topography and the fact that there would be no resultant increase in density, Reoch seconded and the motion carried unanimously.
6. Tim Patton attempted to give a Power Point presentation on clustered development but neither he nor staff were able to get the projector to work, so Patton agreed to give the presentation at the next meeting after ensuring that a working projector was available.
7. There being no further business before the commission, Reoch made motion to adjourn, Christenson seconded and the motion carried unanimously. The meeting adjourned at 7:30 p.m.