Boundary County Planning and Zoning Commission
Minutes October 17, 2019
|
|
Attending
|
Names
|
|
Public |
George E. Schrems, Orrin & JoLen Everhart, Ray Rossbacher, Kelly Wilson, Chris Qualls, John Poland, Randy Morris, Stacy Brown, David & Beth Nicholas, Mike & Karen Glazier, Paul & Viki Perryman, Harry & Mary Guinn, Don & Janna Stanford, Carla Dedera, Jeanne E. Osborn, Robert & Fath Kalberg, Denise Hettrick-Egge, Susan & Byron Burrow, Eric & Eileen Madson, Jon & Sharon, Ron McIlnay, Georgia Earley, Carol & Jake Negley, Samuel Lovely, Miles Stephens, Ed Katz, Natalie Long, Jeremy Davy, Kate Rossbacher, Kevin Bererra, Jerry Haas, Georgette Baillesd’Err, Chester Savage, Richard Pick, Steve & Angi Wilkinson, Ron & Linda Klein, Paula & Rhome Desbiens, Sue & Bob Lombard, Jane Kelley, Glory & Matt Rossbacher, Ann Fleshe |
|
Planning & Zoning |
David Hollabaugh, Tim Heenan, Adam Isaac, Ron Self, Rob Woywod, Caleb Davis (Chair), John Cranor |
|
Absent |
Wade Purdom (Co-Chair), Scott Fuller, Counselor Tevis Hull |
|
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 Chairman Caleb Davis 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 September 19, 2019 Meeting. There being none, Davis asked for a motion to approve the September 19 Minutes. Ron Self so moved, seconded by Rob Woywod, and there being no further discussion Davis called for a vote. The votes were as follows:
John Cranor - Abstain, Tim Heenan - Abstain, Scott Fuller - Absent, David Hollabaugh - Abstain, Wade Purdom -Absent, Adam Isaac - Aye, Rob Woywod - Aye, Caleb Davis - Aye, Ron Self - Aye
Tally: Nay (0), Aye (4), Absent (2), Abstain (3)
The motion to approve the September 19, 2019 Meeting minutes was approved.
Chairman Davis opened the meeting to hearing 19-176 by applicant Jim Ball, a request to establish an Urban Subdivision on parcel #RP62N01E349035A (totaling 4.06 acres) which is located in the Rural Residential Zone at Shamrock Drive and Blue Sky Rd in paradise Valley.
After reading the quasi-judicial script for a long plat subdivision, and explaining that there are Considerations related to Long Plat applications as found in Section 11.6.2.3., Davis asked the applicant for an opening statement. He stated that as a rule of thumb there would be a 2 minute time limit placed on each speaker, but when Ball asked for more time it was agreed that he could speak for 4 minutes.
After the applicant spoke (he was signaled that his time was up), the Commission clarified with the applicant that requirements of the Urban Subdivision (power, water, infrastructure, septic) had all been considered and were available.
Davis asked for members of the audience who were in favor of the application to speak. Several did so.
When asked if there were any members of the audience neutral with regards to the application, Randy Morris of Road and Bridge responded to say there were concerns related to the infrastructure and being able to remove snow to an approved or satisfactory location.
Davis asked for members of the audience who were opposed to the application to speak. Several did so.
The Planning and Zoning Commission had received and read letters from county residents who both supported and disagreed with the proposal. Many residents spoke in the hearing, most were opposed but some were in approval of the application. Davis closed the hearing to public comment and asked the Commission to consider the details of the application. Before completing a discussion among the Commission members, Chairman Davis summarized the Ordinance and Comprehensive Plan by reading excerpts from both:
9B18CPV1 - Comprehensive Plan
1.7. Title 67, Chapter 65, the “Local Land Use Planning Act,” establishes regulations by which a local jurisdiction may establish land use regulation, including provisions for public hearings on certain proposals, wherein adjoining property owners are sent notice of the proposal and everyone who might be affected may be heard, so that decisions made consider the rights not only of the applicant, but of other property owners as well.13.1.2. The primary goal of this comprehensive plan is to enable and encourage responsible management in its appropriate place and in the appropriate density, such that those who own land are afforded the best and highest use of their property in their own best interests. And that the people who choose to live here for the peace and tranquility this country affords may do so as well.
13.2.5. Housing: Determining suitable density for residential development is tied to the ability to serve future residents adequately with water, septic, fire protection, and roads. Issues heavily discussed during community workshops to develop this Comprehensive Plan included maintaining the rural character of the community, preserving an individual’s right to build the home that best suits their family’s circumstance and need, maintaining water availability and quality, and the desire to focus higher development density into those areas where the infrastructure is currently in place so that expansion can keep ahead of expected growth. It is recognized that the only factor in the provision of affordable housing exercised by the county is in the establishment of minimum lot sizes through land use zoning laws.
13.5.7. Rural Residential: Those lands which may lie well outside community centers but which by virtue of adequate roads and the availability of public services, to include water and fire protection, make them suitable for large lot residential development and compatible commercial and light industrial uses. The purpose of this designation is to encourage continued agricultural and silvicultural productivity and use of these lands, while affording residents within the zone district enjoyment of the rural qualities of life such property affords. Uses compatible with this designation include farming, ranching, timber harvest, small commercial and light industrial enterprises. A minimum parcel size of not less than five acres should be imposed.
9B18LOV2 - Ordinance
11.4. Applications for Platted Subdivision: It is the responsibility of the applicant, based on the specific provisions of the zone district in which the subdivision is proposed, to provide sufficient information and data so as to convince the deciding body that the specific proposal is or can be made compatible with zone district requirements, that sufficient public services are or can be made available to accommodate the proposed subdivision and that subdivision standards are met.14.2. Interpretation: It is hereby acknowledged that this ordinance cannot and should not attempt to anticipate the myriad possible uses of land which may be proposed within its jurisdiction, and that determining highest and best use of private property rests solely with the property owner. However, it is also recognized that specific uses of land could adversely affect the rights of adjoining property owners to similarly enjoy their use of property, as well as detract from the values enjoyed by the general public as established in the comprehensive plan.
Davis then asked for a vote based on the considerations as well as the excerpted material.
Commissioner Rob Woywod made a motion based on the considerations and reference to the ordinance and comprehensive plan to recommend the Boundary County Board of Commissioners disapprove application 19-176 by Jim Ball. This motion was seconded by Commissioner Ron Self and voting was as follows: (an Aye vote means to disapprove): Commissioner John Cranor, Aye; Commissioner Scott Fuller, Absent, Commissioner Adam Isaac, Aye; Chairman Caleb Davis, Aye, Commissioner David Hollabaugh, Aye, Commissioner Ron Self, Aye, Commissioner Tim Heenan, Aye, Co-Chairman Wade Purdom, Absent, Commissioner Rob Woywod Aye.
Tally: Nay (0), Aye (7), Absent (2), Abstain (0)
The motion to recommend disapproval of application 19-176 based on the considerations and reference to the ordinance and comprehensive plan carried unanimously./
Chairman Davis referred to the agenda for hearing 19-177 submitted by the Planning and Zoning Commission, a request to update Ordinance 9B18LOV2 to create 9B18LOV3.
John Poland had seen the proposed changes online and suggested there were remaining changes to be made concerning junk yards. David Nicholas agreed there were changes possible to not just the definition and approach to junk yard standards but that the excess property proposed change could be enhanced. However, it was obvious to all in the meeting that the changes had not been visible online long enough to completely grasp the level of detail available. It was suggested that because the material to be reviewed had just been made available online that the hearing be tabled for one month to allow the public time to review and respond to the proposed changes.
Ron Self moved to table the hearing until such information requested can be provided.
Davis called for a vote to table application 19-177 until November 21 and to place this as the first item on the agenda went as follows:
John Cranor - Aye, Tim Heenan - Aye, Scott Fuller - Absent, David Hollabaugh - Aye, Wade Purdom -Absent, Adam Isaac - Aye, Rob Woywod - Aye, Caleb Davis - Aye, Ron Self - Aye
Tally: Nay (0), Aye (7), Absent (2), Abstain (0)
The motion to table Application 19-177 until the next meeting on November 21 and to place this hearing as the first item on the agenda was approved.
There being no further input David Hollabaugh moved to adjourn, Ron Self seconded, approved unanimously at 9:00 pm.
Transcribed by: John B. Moss