Minutes, December 17, 2009
Members present: Bruce Behrman, Jake Negley, Matt Morgan, Matt Cossalman, Steve Shelman, Rod Barcklay, Doug Reoch. Staff present: Mike Weland
Reoch opened the meeting at 5:30 p.m., introduced members and called for reading of the July 16 minutes. Cossalman made motion to waive reading and adopt as presented, Morgan seconded and the motion carried, with Shelman abstaining.
Reoch opened public hearing on application 09-081 and read procedure. No member cited conflict of interest or ex-parte contact.
Applicant Marc Paulsen said that he had reviewed the new comprehensive plan and map and said that the suburban designation on property along the Moyie River was a sensible idea, good for the property owners and good for the county. He said that initially his intent was to partition and sell a 2 ˝-acre tract, but subsequent to filing application his neighbor to the east expressed interest in purchasing 3 ˝ acres to consolidate with their 1 ˝ acre parcel to make it more useable. Cossalman asked what specifically made the property fit the comprehensive plan designation as suburban, Paulsen said that the property was riverfront, and most had already been divided into small lots.
Reoch called for staff report, Weland stated there were no changes to the staff report presented.
Reoch asked for public comment in favor of the proposal; Dan Deiss, the adjoining property owner seeking to purchase the property, said that the addition of the 3 ˝ acres would make their undersized parcel, currently 130-feet wide, more liveable. He stated that the property was too rocky to farm and was only marginal for growing timber.
Reoch called for testimony from those uncommitted, there was none.
Reoch called for testimony from those opposed, there was none.
Reoch called for the applicant's closing comment, Paulsen said he had nothing to add. Barcklay asked why he couldn't wait for the passage of the new zoning ordinance, Paulsen stated he needed the money, and felt the proposal fits the goals set out in the comp plan and allowed for the best use of the property.
Reoch closed the hearing to public comment and called for discussion among members. Morgan said that to him, the application clearly fit with the new comprehensive plan and that he could see no reason to hold up the applicant. Cossalman said that the commission was there to serve the public.
Shelman made motion to approve application 09-081 without conditions, Behrman seconded and the motion carried, with five votng “aye” and one abstention.
Because of a prior commitment, Morgan left the meeting at 6:05 p.m.
Reoch called for review of letters of interest for membership, discussion was held on the process, with members wondering why they were being asked to review the applications when the decision belonged to county commissioners. After discussion, staff stated that in that portion of the ordinance already reviewed, the procedure was established to require P&Z review to allow recommendations, with all applications going to commissioners for final review and decision. Letters of interest had been received from Tim Patton, Terry Capurso and Steve Tanner. Tanner was in attendance, saying that the notice published encouraged those interested to attend. Barcklay said that he disagreed with Tanner on many issues, but had respect that he so steadfastly stood up for his beliefs. He said that in the past, he'd heard Tanner say that there shouldn't even be land use regulations, and asked why he wanted to serve on a board that was tasked with upholding these laws. Tanner said it's an illusion that he doesn't believe in the need of law or of land use planning. He said there were areas where government planning was appropriate and legitimate, particularly to uphold Christian principles, but went too far when they deprived property owners their private rights to use their land. Cossalman said Tanner was a vociferous proponent of private property rights, and stated that since serving on the board, he's found his hands tied by due process laws, that curtailed his ability to research proposals on his own. He asked Tanner would feel stifled by these laws, and asked whether he would be able to serve as effectively as a member of the board as he did as a member of the audience, Tanner admitted he didn't know. Reoch asked if Tanner felt he could see both sides of the coin when considering land use applications; Tanner said he can see both sides right now. There being no further questions, Tanner left the meeting. After further discussion, the members of the board agreed they were too divided to forward a recommendation to commissioners. Staff said that no deadline on letters had been set, and stated that he would continue to accept letters of interest.
Cossalman reported that county commissioners last month made the decision not to take P&Z input in the development of the zoning and subdivision ordinance, and said he thought it was important that members be allowed to continue to participate. After discussion, the Planning and Zoning Commission resolved to forward county commissioners the unanimous opinion of the Planning and Zoning Commission that their continued input into the development of the zoning and subdivision ordinance would improve its outcome. Cossalman made motion to forward the resolution, Negley seconded and the motion carried unanimously.
There being no further business, Barcklay made motion to adjourn, Behrman seconded and the meeting was adjourned at 6:30 p.m.