Boundary County Planning and Zoning Commission
Minutes DRAFT August 15, 2019
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Attending
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Names
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Public |
David Nicholas, Beth Nicholas, John Poland, Carol Clausen |
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Planning & Zoning |
John Cranor, Adam Isaac, Ron Self, Scott Fuller, Tim Heenan, Rob Woywod, Wade Purdom (Co-Chair) |
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Absent |
David Hollabaugh, Caleb Davis (Chair), Counselor Tevis Hull |
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Staff |
John Moss |
[Planning & Zoning minutes are transcribed from the conversation that takes place during the meeting. Topics are condensed, eliminating verbatim comment in order to condense the material. Key points are included in this extraction and all votes taken are recorded.]
At 6:00PM Co-Chairman Wade Purdom identified the presence of a quorum, opened the Meeting, and asked the Commission if there were any changes or corrections to be made to the Minutes of the July 18, 2019 Meeting. There being none, Purdom asked for a motion to approve the July 18 Minutes. Rob Woywod so moved, seconded by Tim Heenan, and there being no further discussion Purdom called for a vote. The votes were as follows:
John Cranor - Aye, Tim Heenan - Aye, Scott Fuller - Abstain, David Hollabaugh - Absent, Wade Purdom -Aye, Adam Isaac - Aye, Rob Woywod - Aye, Caleb Davis - Absent, Ron Self - Abstain
Tally: Nay (0), Aye (5), Absent (2), Abstain (2)
The motion to approve the July 18, 2019 Meeting minutes was approved.
Co-Chairman Wade Purdom asked Staff for guidelines as to how to approach the agenda items. Staff suggested that although this is intended to be a workshop with public input, most of the input received over the last three months has been digested and discussed, so that now is the time to provide a final review before preparing an application for placing the proposed changes before the public in a hearing as part of the ordinance amendment procedure. Think of tonight's meeting as a summation of these changes. If there are still things to be worked out, now is the time to do that. Before the meeting closes tonight would be a good time to invite public comment, since there is a lot of material to be reviewed.
Purdom asked Staff for a summary of what we have now. Staff replied to say that there had been much discussion regarding junkyards, and that Mr. Niocholas has been pointing out that the storage of public property, up to a half acre in size, is unregulated per Section 15.2.11. (Outdoor storage of materials and property, not to include refuse, out of direct public view and less than half an acre in size.) Therefor, Staff said, it appears the answer has already been suggested by Mt. Nicholas, and that the Planning and Zoning Commission might consider adding code to Section 15 that would provide a means of regulating the storage of material in excess of 1/2 acre, if such storage is not out of sight.
Staff shared that Counselor Hull had reviewed this approach and agreed that failing to comply with a notice of violation would be cause for Injunctive Action (Section 4.2.) and the Planning and Zoning Commission suggested that this same procedure might be effective for failing to comply in other areas as well, specifically in compliance with Terms and Conditions associated with Special Use, Conditional Use and Variance permits.
Staff went on to present a summary of the various changes discussed in earlier meetings, including:
a) junkyard definition, standards for maintaining junkyards, and provisions for failing to comply with terms and conditions set for Conditional Use (and Variance) permits;
b) new Utility Use permit, similar to a Residential Placement permit, to be used for instances where an address is requested but no structure is involved;
c)
- modifying an Urban Subdivision to remove the lot size limitation of 2-1/2 acres and
- modifying 11.6.1.1. and 11.6.2.1. to reference amending a plat
d)
- modify zone district specifications to incorporate Utility Use Permits and
- provide for regulating excess storage
e) Stipulate in Parcel Division classes that a Record of Survey will reflect the changes being proposed
f) include a series of typographical corrections
which, in summary, involves Sections: 2, 4, 6, 7, 10, 11, 12, 15 and 20.
Purdom suggested that Staff present this summary along with an application to Amend Ordinance 9B18LOV2 (to create 9B18LOV3) for review at the next scheduled meeting. He said that based on this review of the application a public hearing can be scheduled for a formal review of the proposed changes. Co-Chair Purdom then asked the public for any closing comments.
John Poland suggested the following definitions be provided to the Planning and Zoning Commission for use when considering any update to junkyard standards and definitions:
Junkyard
Any area where waste, junk, trash, discarded or salvaged materials are
bought, sold, exchanged, baled, parked, stored, disassembled, or handled, including auto wrecking yards, house wrecking yards, used lumber yards, used furniture yards, and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, or for the sale, purchase, or storage of salvaged machinery or the processing of used, discarded, or salvaged material as part of manufacturing operations.Junk
Junk is defined as “Old or discarded scrap, copper, brass, iron, steel or other metals, or materials including but not limited to tires, household appliances, furniture, rope, rags, batteries, glass, rubber debris, waste, trash, construction debris, plumbing fixtures, or any discarded, dismantled, wrecked, scrapped, junk, or nuisance motor vehicles or parts thereof. Building materials stored on site for an active or pending construction project are not considered “junk” under this definition.Junk Vehicle
A “Junk Vehicle” is a vehicle that does not display a current license
plate lawfully upon a vehicle; is partially dismantled, wrecked or
extensively damaged or deteriorated; and is not capable of lawful
operation on public roads.
Purdom thanked Mr. Poland and agreed that the Planning and Zoning Commission would review the definitions presented.
Carol Clausen asked how to draw attention to other locations which seemed to be junkyards from their appearance, if not actually buying or selling what appears to be refuse. Staff responded by saying that a letter to the Administrator is the first step in addressing an issue. (See 4.4, ‘Reporting Violations’, and 4.5. ‘Notice of Complaint’.) Failure to reach satisfactory compliance may result in a ‘Notice of Violation’; see 4.7.
There being no further input Ron Self moved to adjourn, Rob Woywod seconded, approved unanimously at 7:55 pm.
Transcribed by: John B. Moss