Planning and Zoning Regular Meeting

November 21, 2013 5:30 pm

Attending: Matt Cossalman, Chairman, John Cranor, Ron Self, Marciavee Cossette, John Cranor. Absent: Bruce Behrman, Steve Shelman, John Moss. Staff, Dan Studer.

At 5:30 pm Matt Cossalman, Chairman, opened the regular meeting and read through the agenda, and introduced the members of the commission.

First on the agenda, the minutes for September 19, 2013 were motioned to be accepted without change or addition by Ron Self, second by John Cranor; no discussion, the vote was unanimously in favor of the motion.

Cossalman announced that John Cranor will read the public hearing script for the opening of public hearing 13-073 Zone and Subdivision Ordinance amendment by administrator Dan Studer.

Cossalman asked Studer for opening remarks. Studer explained to the commission the history and reasons for the amendment to the subdivision ordinance. He then went on to explain how the language was developed, i.e. the simple subdivision name changed to simple parcel division and primitive subdivision language was used as a boiler plate for primitive parcel division. The change included termination or lapse period, enforcement changes and fee changes in the appendix to retain continuity. Also, after consulting with representatives of JRS Surveying and North Star Surveying and Tom Ulappa the language was pulled out of the subdivision section, and parcel line adjustment was added.

Cossalman opened the hearing to public comments. Don Jordon, Naples wished to speak. Don expressed concern over ability of someone to abuse this new provision. Also, better to have a couple sets of eyes looking over the process to catch mistakes or abuse. Roads are a big concern for the county, there are all kinds of ownerships, easements, and prescriptive easements and rights of way. Don is concerned that as residence density is increased, the easement and road standards increase proportionately to allow year round emergency access and turn-arounds.

Cossalman allowed Studer to rebutal. Studer addressed concerns by Jordan saying that the record of survey displaying the original parcel and split would have a certification on the face stating that any further division of property on this record of survey must require platting. In this sense, the primitive subdivision, and the more demanding rural and urban subdivision provisions apply to further splits – and these require higher year round road standards, and commissioner approval.

At 6:20 Cossalman closed the public hearing and opened discussion. Self liked the idea of a certification statement on the face of the record of survey. Cranor approves of the change and feels it is safe with the language used. Cossalman commented that the roads language is adequate for this level of parcel division.

Cossalman brought up the clause excluding corporations, and LLC's; Matt brought up the conversation with civil attorney Tevis Hull that some LLC's are not business people, but families who wish to protect family interests. We allow family trusts, but not family member LLC's. After discussion the commission decided add at the end of the clause, “...family trust, and LLC's that are entirely family owned.”

Cossalman brought up the parcel line adjustment clause and read it through. Matt suggested they add where the “...adjustment reduces non-conformance”, to the clause. The commission expressed their approval of the addition. Then, added to 11.10 Studer read language: “...the conveyance documents, or warranty deeds, must have the instrument number of the record of survey shown...”. The commission agreed to add that language as 11.10.7, assuring that title companies and purchasers in the future are aware of platting requirements encumbering the parcel.

Self expressed concern over the county commissioners signing the record of survey... they sign plats, not records of survey, and that is not necessary. Discussion came to the agreement that the surveyor sign the record of survey, the chairman of the board of county commissioners sign the certification that any further division of parcels requires platting, and the clerk sign when it is recorded. Language in Section 11.10.5 would be added to 11.10.4, and 11.10.5 as is will be eliminated.

Cossalman ended discussion and called for a motion. Cranor motioned that the Subdivision amendment with the changes discussed be recommended for approval and forwarded to the county commissioners. Ron Self second the motion; there was no further discussion. Cossalman called for the vote, which was unanimous.

There was a short break and Cossalman reconviened at 6:50 pm. The comprehensive plan was the next agenda item.

Cossalman reported that at the September meeting it was decided to meet with the commissioners and discuss the changes, however, because the commissioners were very busy with other issues not much was accomplished. Matt said they did get feedback from Pat Gardiner who was concerned we were not following process and Idaho Code. The commissioners recommended talking to our civil attorney Tevis Hull. Conversation with Hull verified our following open meeting law was complied with, and using the legislative process and consulting the public and commissioners is in compliance with law.

Cossalman said he would still like to meet with commissioners to get their input on their ideas and values they would like in the document before the next December meeting. Also, Gardiner expressed concern over Airport language but included no specifics; Cossalman would like to discuss this concern with commissioners.

Advice of consul agreed with language changes made, and included more of his own. Overall agreement to reduce specifics that are included in the ordinance be removed. And even consider where conditional uses are described – hold back on some of that language and leave a general picture. Hull suggested wordage such as “ including, but not limited to...”.

The commission had a general discussion, and decided that Cossalman and others will meet with commissioners in December to solicit their input and philosophy they would like to see in the Comp Plan. Then the results of the meeting will be disucssed at the December regular meeting.

Cossalman invited those present at the open meeting for comments. Don Jordan from Naples came forward.

Don would like to know what the intent is for rewriting the Comp Plan, what is the goal? Cossalman said the intent was to take out specifics that are appropriate for the ordinance. This team is interested in producing a more robust description of zones. In the implementation section there were suggestions on policy that were included in the ordinance and they decided to take those out. The comp plan policy said “you may do this”, but it's not in the best interest of the county. Don mentioned the removal of the language on “scenic value” removes a lot, and is a substantial change. He also discussed repetition by intent of the authors and the removal of that (i.e. Trails). Reducing language in wetlands was counter productive. Although Boundary County doesn't enforce regulations the plan shows the concerns of the public for that resource.

Cossalman opened the last agenda item, interview applicants for the open P&Z commission vacancy. Steve Tanner, who wrote an email letter of interest came forward. Tanner said he would like to be on the board to protect the property rights of citizens. He feels that the ordinance and comp plan process was flawed. Tanner stated that property rights don't come from government, it comes from God. Tanner does not believe the Planning and Zoning is right, it is a communistic philosophy, and it's alien to a free people. We are headed from freedom to slavery down the pike; government papers said to be the law of the land is not that – the law of the land, the law of the land comes from God. Fed and state government favor the right to property, as they do liberty and freedom. Tanner will protect that; you have the right to own property, but you don't have the right to abuse it, just like guns and the second amendment.

Tanner has been here over 50 years, was educated at Mt Hall and BFHS, then graduated from Uof I. Worked in private industry, timber industry, and construction. Members asked Tanner in regards to enforce the ordinance. Tanner explained that most laws just pit one group against another, such as people who hunt and animal rights groups. So the government takes your rights away and then issues you a permit.

The commission discussed the vacancy and upcoming reappointments in January. Cranor suggested a continued look for applicants; Studer expressed concern that at the turn of the year if people don't reapply for positions, reaching a quorum may be more difficult.

John Cranor made motion to adjourn, second by Ron Self, no discussion, the meeting ended.

Dan Studer