Boundary County Planning and Zoning Commission

Minutes DRAFT December 19, 2019

[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 6:00 PM 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 November 21, 2019 Meeting. There being none, Purdom asked for a motion to approve the November 21 Minutes. Ron Self so moved, seconded by John Cranor, and there being no further discussion Purdom called for a vote. The votes were as follows:

John Cranor - Aye, Tim Heenan - Absent, Scott Fuller - Aye, David Hollabaugh - Absent,
Wade Purdom -Aye, Adam Isaac - Absent, Rob Woywod - Aye, Caleb Davis - Absent, Ron Self - Aye

Tally: Nay (0), Aye (5), Absent (4), Abstain (0)

The motion to approve the November 21, 2019 Meeting minutes was unanimous.

Wade Purdom opened the hearing for Application 20-015, an application to rezone the Sukenik, Jordan and Gagnier properties from City of Bonners Ferry Ownership to de-annexed County property in a Residential zone, said application presented by Ron Sukenik.
Mr. Sukenik presented the documentation showing appropriate City of Bonners Ferry documentation reflecvting ownership deeds and the City's approval of the de-annexation process. Mr. Sukenik explained the background of the original establishment of the properties as being part of a large portion of land surrounding the Fodge Pulp Mill and at which time the acquisition seemed appropriate. However, subsequent to more than 40 years of time it has become clear that some City services are not available (water, sewer) and that the owners wish to de-annex in order to acquire alternate services.

No one spoke in a neutral nor opposed opinion, and after a short discussion staff mentioned that there seems to be no automatic way to change the parcel numbers from the existing City numbers to County numbers. He said that he would update the application to mention the need for this numbering change, and that perhaps as part of the process involving the City and County assessors offices this would simply be a detail that would orrur as part of the application process.

Co-Chair Purdom asked for a motion: Scott Fuller moved to recommend approval of the zone change to the County Commissioners. Ron Self seconded, and the voting was as follows:

John Cranor - Aye, Tim Heenan - Absent, Scott Fuller - Aye, David Hollabaugh - Absent,
Wade Purdom -Aye, Adam Isaac - Absent, Rob Woywod - Aye, Caleb Davis - Absent, Ron Self - Aye


Tally: Nay (0), Aye (5), Absent (4), Abstain (0)

The motion to recommend approval of Application 20-015 to the Boundary County Commissioners was unanimous.

Purdom noted the time as being 6:30 and Staff suggested that the scheduled time for the next hearing was 7:15 per the Agenda. He suggested that the 3rd item on the Agenda, the interviewing of Planning and Zoning Commission applicants, could be shifted to the current slot, thereby allowing time for anyone interested in Application 20-011 to arrive. Purdom announced the change in the Agenda and Fuller said he didn't want to be a wet blanket, he really enjoys participating on the Commission but he has a potential conflict in scheduling for the first three months of 2020. Staff pointed out that Cranor is completing his second term and thuis creates the potential for an opening on the Commission, while Fuller is completing his first term and thus is able, if he so wishes, to remain on the Commission as long as the County Commissioners are agreed to retain him. Staff verified that all have read the application from David Nicolas who has applied for an open position. This was affirmed.

Co-Chair Purdom asked for a motion: Ron Self moved to recommend retaining John Cranor and Scott Fuller on the Planning and Zoning Commission to the County Commissioners. Rob Woywod seconded, and the voting was as follows:

John Cranor - Aye, Tim Heenan - Absent, Scott Fuller - Aye, David Hollabaugh - Absent,
Wade Purdom -Aye, Adam Isaac - Absent, Rob Woywod - Aye, Caleb Davis - Absent, Ron Self - Aye


Tally: Nay (0), Aye (5), Absent (4), Abstain (0)

The motion to retain John Cranor and Scott Fuller on the Planning and Zoning Commission to the County Commissioners was unanimous. Staff stated that Fuller and Cranor should notify the County Commissioners of their intent, and that Staff would also provide the Commissioners with this decision.

Next on the agenda was the application to rezone the Thompson property from Agriculture/Forestry to Rural Community Commercial, application 20-011. (The Administrator notes: The applicant has previously said that this request was first proposed over a year ago, at the time a request for a Conditional Use permit to place a sign on the property was approved. However that request was replaced by application 19-155 to create an Urban Subdivision. (19-155 has been canceled.)

Purdom asked for a Staff Report.

Commissioner Ron Self asked if the Commission had already reviewed the Staff Report? Staff replied that he had failed to post the property and had not issued a mailing for the November meeting. Staff apologized previously for the oversight and said that notice was mailed to surrounding property owners and that publication did take place in time for the December 19 2019 meeting.

Purdom asked the applicant if he had an opening statement. Dick Staples responded for the applicant, saying that it is understood that any development will have increased traffic flow and that the applicant is aware that ITD must approve the turn off at Dusty Lane for commercial traffic. He said that growth is going to happen and that the applicant wants to always be compliant with county and state regulations.

Purdom asked if there were any uncommitted to the proposal. There being none, has asked if there were any opposed?

Tim Patton said he was concerned about green-space, and he was opposed to the idea because rezoning would influence others to do the same thing. He said that wildlife in the area would be impacted as this is already a corridor in high road kill. He said the intent of the zoning in this area is to minimize smaller parcels, and the proposed change suggests the creation of smaller parcels which in turn means higher density, more threat to the green-space and more threatening to existing wildlife.

Mike Ahner said that he lives on Dusty Lane, which is a bad turn out for traffic already. He suggested that any traffic directed to this property should come from and access off the highway, NOT Dusty Lane.

Tracy Ahner said she doesn't want a lot of 2-acre neighbors; she moved to the area because of the large parcel spaces by design, and this change would threaten her by increasing the number of neighbors. She said she thought the rezone is an attempt to get around restrictions associated with subdivisions.

Purdom thanked the participants for their views and asked the applicant for a closing response.

Kevin Thompson said that he wished to acquire the highest and best use of the property and the plan is to create larger parcels than originally requested (4 to 5 acres originally). He said that if turning off at Dusty Lane is an issue he can create a parallel private road on his property, getting access not on Dusty Lane but at a point next to it so that he can take ownership of necessary changes (he wants the access to the property to be safe and well maintained).

He said that there is plenty of water available in shallow wells and that any development is understood to require both water and sewer; he said that he understands that Cabinet Mountain water is now available in the event there is an issue with shallow wells and water capacity there. Although neighbor Julie Johnson was not present, Thompson wanted to make it clear that he wished to work with her and if a rezone is complicated by the need to do a parcel line adjustment he is willing to do whatever needs to be done to make this happen; perhaps there is a way to retrofit the zone change to exclude the Johnson property? He just wants to do the right thing for all concerned.

After thanking the applicant, Purdom asked the Commission to discuss proposed rezone. It quickly became clear that there were several issues that needed to be answered. Cranor spoke for several members by saying that the application could be approved except for the unknowns. Woywod summed these as being a) Dusty Lane turnout, b) water availability (Self was adamant in believing shallow wells will NOT work in this area on a year-round basis) and c) issues with the southern neighbor involving a parcel line dispute because of a structure straddling the existing parcel line.

Fuller suggested that it would help if more of the Commission were present to help decide the issue, and Purdom pointed out that the Commission has three options in their recommendation: approve, deny, or render considerations (which involves specifying the issues of contention and tabling this matter until the next meeting, allowing time for review and approval of the written considerations at which time a motion can be made to forward this information to the County Commissioner).

Purdom asked for a motion, and Self moved to table the application until the January meeting. He said that this would give Staff time to provide written considerations which can then be dealt with as either of the three options currently available. John Cranor seconded, and the votes were as follows:
John Cranor - Aye, Tim Heenan - Absent, Scott Fuller - Aye, David Hollabaugh - Absent,
Wade Purdom -Aye, Adam Isaac - Absent, Rob Woywod - Aye, Caleb Davis - Absent, Ron Self - Aye


Tally: Nay (0), Aye (5), Absent (4), Abstain (0)

The motion to table the application until the January meeting was unanimous.

Purdom thanked everyone for participating in both hearings then asked if there was a motion to adjourn. Ron Self so moved, Rob Woywod seconded, approved unanimously at 8:00 pm and the meeting was adjourned.

Transcribed by: John B. Moss