Boundary County Planning and Zoning Commission
Minutes DRAFT June 20, 2019
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Attending
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Names
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Public |
Owen Plato, Lori Plato, Mike Cox, Gus Jackson, Jim Greenslitt, John Poland, Carol Clausen, Harold Wedel, Randal Wedel, George Hays, Marty Becker |
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Planning & Zoning |
John Cranor, Adam Isaac, Ron Self, Caleb Davis (Chair), Scott Fuller, Rob Woywod |
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Absent |
Tim Heenan, David Hollabaugh, Wade Purdom (Co-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 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 May 16, 2019 Meeting. There being none, Davis asked for a motion to approve the May 16 Minutes. Ron Self so moved, seconded by John Cranor, and there being no further discussion Davis called for a vote. The votes were as follows:
John Cranor - Aye, Tim Heenan - Absent, Scott Fuller - Aye , David Hollabaugh - Absent, Wade Purdom -Absent, Adam Isaac - Aye, Rob Woywod - Aye, Caleb Davis - Aye, Ron Self - Aye
Tally: Nay (0), Aye (6), Absent (3), Abstain (0)
The motion to approve the May 16, 2019 Meeting minutes was approved.
Chairman Davis then read the Chairman's General Script for public hearings, and the Quasi-Judicial Script for Application 19-035, preparing the meeting for the application by Harold Wedel for a continued hearing from January 17, 2019 concerning a Subdivision on Echo Drive. Note: Staff pointed out that the Chairman's Script suggested that there would be an opportunity for members of the public to comment on the application, correcting this impression by saying that the hearing as continued had already heard from the public in January and that the hearing was tabled to allow the applicant time to respond to requests made by Road and Bridge, the Fire Department and the Planning and Zoning Commission. Although the purpose of this meeting is to review the applicant's response to those requests, the public will be asked for their comments at the close of the hearing, said purpose of the hearing is to forward a recommendation of approval or denial to the Board of County Commissioners. There will be another full hearing to be held by the County Commissioners to review this application and the public will be asked at that time for their comments. Lori Plato asked why she wasn't told about the January meeting. Staff responded by saying the same mailing list was used for this meeting as for the January meeting, so could not offer an explanation as to the prior mailing being missed. However, the mailing will be repeated for the Board of Commissioners meeting and everyone will again have the opportunity to attend and comment at that time.
Applicant Randy Wedel speaking for Harold Wedel said the items that were asked for have been delivered.
Chairman Davis thanked Mr. Wedel and asked the Commission to discuss the application. In this general discussion, the Commissioners stated they believe the request is in line with the provisions of the Comprehensive Plan regarding the use of land in the Suburban zone.
07:38p.m; Commissioner Davis moved to go into executive session pursuant to Idaho Code 74-206(1)b. Commissioner Self second. Commissioners voted as follows: Chairman Davis “aye”, Commissioner Self “aye”, Commissioner Hollabaugh “absent”, Commissioner Cranor “aye”, Commissioner Heenan “absent”, Commissioner Fuller “aye”, Commissioner Woywod “aye”, Commissioner Isaac “aye”, Commissioner Purdom “absent”. Motion passed unanimously. The executive session ended at 07:52p.m. No action was taken.
Chairman Caleb Davis asked for a motion to recommend approval of the Application to include wording that recognizes a concern for an additional fire hydrant. Davis called for a vote to recommend approval to the County Commissioners conditional upon full and complete compliance in accord with each part stipulated by
- Road and Bridge (see attached letter)
- North Bench Fire (see attached letter - note second hydrant)
- Planning and Zoning Commission (see attached letter)
prior to the construction of any residence, and that 'Will Serve' letters are provided by
- Panhandle Health
- 3-Mile Water
- Northern Lights (NLI)
for ALL proposed lots.. Ron Self so moved, seconded by John Cranor, and there being no further discussion Davis called for a vote. The votes were as follows:
John Cranor - Aye, Tim Heenan - Absent Scott Fuller - Aye , David Hollabaugh - Absent, Wade Purdom -Absent, Adam Isaac - Abstain, Rob Woywod - Aye, Caleb Davis - Aye, Ron Self - Aye
Tally: Nay (0), Aye (5), Absent (3), Abstain (1)
The motion to recommend approval of Application 19-035 (with stipulations as noted) to the Boundary County Board of Commissioners was approved.
Davis thanked the applicant and visiting members of the public.
Next on the agenda was the discussion of junkyards; their definition (Section 2), their Use and terminating their Use (Section 10), and enforcement provisions (Section 4). Several aspects of all of these areas were discussed.
First, a reminder: "Topics are condensed, eliminating verbatim comment in order to condense the material. Key points are included in this extraction..."
No real progress was made in resolving any of the aforementioned areas, but some comments and opinions made for insightful consideration. For instance, after Staff read the existing ordinance definition of a Junkyard, the distinction between Commercial and Non-commercial became blurred. How does one determine whether a junkyard operates for 'the purpose of commercial gain', versus one which is not so inclined? If it is to be determined by the use of an Idaho tax identification number, where is this information tested to validate the commercial definition?
Carol Clausen asked why make a distinction? A junkyard is a junkyard, by definition. If you have a junkyard which meets the definition of a junkyard, why cloud the use with a commercial/non-commercial adjective? What difference does it make? A junkyard is a junkyard!
John Poland said true, and NO junkyard should be allowed in the Agriculture/Forestry zone, period!
Jim Greenslitt added "What about the type of screening to help the value of surrounding properties"? He also asked "If a violation due to inadequate screening occurs then what is needed is a meaningful way to comply with ordinance guidelines".
Marty Becker said that we should make every effort to keep northern Idaho the jewel that it is.Greenslitt said that's right and failure to do so is devastating real estate values.
Chairman Caleb Davis asked those present to think in terms of legislative verbiage, asking for ideas as to how to state these thoughts in language that can be written into the ordinance. Rob Woywod said the reference to a junkyard definition should be clear and simple. He also suggested that shipping containers be classified as junk. John Cranor suggested that the need is to define what is objectionable. Staff contributed that Justice Potter Stewart of the United States Supreme Court once declared, ‘I don’t know how to define pornography, but I know it when I see it’.
Davis suggested there is far too many areas to address in one meeting and asked if there might be a way to solicit ideas that the Planning and Zoning Commission might consider? John Poland said YES and offered some thoughts on paper he had brought with him as talking points. Davis suggested these be given to Staff for distribution and to be considered prior to the next meeting on this subject. An abbreviated list of these talking points follows the adjournment vote, below.
Scott Fuller moved to adjourn, Adam Isaac seconded, approved unanimously at 7:55 pm.
Points to consider when reviewing junkyards:
- State Law addresses junkyards.
- Another (Federal) Statute ('49 USCS '30501 [Title 49. Transportation: Subtitle VI. Motor Vehicle and Driver Programs; Part A. General; Chapter 305. National Motor Vehicle Title Information System)
junk yard means an individual or entity engaged in the business of acquiring or owning junk automobiles for- resale in their entirety
- rebuilding, restoration or crushing Reference
- Additional junkyard definition: a place, often a large open area, where useless or unwanted items are left and sometimes sold. Reference
Transcribed by: John B. Moss / Scott Fuller