Boundary County Planning and Zoning Commission
Minutes May 16, 2019
|
|
Attending
|
Names
|
|
Public |
Matt Pluid, Rob Pluid, Peter Wilson, Patti Duscher, Larry Duscher, Jeremy Davy |
|
Planning & Zoning |
David Hollabaugh, John Cranor, Adam Isaac, Ron Self, Caleb Davis (Chair), Tim Heenan, Scott Fuller, Rob Woywod |
|
Absent |
Wade Purdom (Co-Chair), 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 April 18, 2019 Meeting. There being none, Davis asked for a motion to approve the April 18 Minutes. Adam Isaac so moved, seconded by Rob Woywod, and there being no further discussion Davis called for a vote. The votes were as follows:
John Cranor - Aye, Tim Heenan - Abstain, Scott Fuller - Aye , David Hollabaugh - Aye, Wade Purdom -Absent, Adam Isaac - Abstain, Rob Woywod - Aye, Caleb Davis - Abstain, Ron Self - Abstain
Tally: Nay (0), Aye (4), Absent (1), Abstain (4)
The motion to approve the April 18, 2019 Meeting minutes was approved.
Chairman Davis then read the Chairman's General Script for public hearings, and the Quasi-Judicial Script for Application 19-082, preparing the meeting for the application by Rob Pluid for a zone map amendment hearing.
Applicant Rob Pluid said the reason for the request is to provide for son Matt Pluid land on which to build his house. The desired land is an area on the north end of parcel RP62N02E075565A which totals 31.24 acres. A small portion of this parcel, about 1-1/2 to 2 acres, is timbered and makes this location desirable for Mat Pluid's residence location. The applicant stated that he has absolutely no desire to further divide any of this 31.24 acre parcel, for any reason, that his sole motivation is that there seems no other way to create the desired parcel since the gift to family members provision was removed from the ordinance.
Rob Pluid further explained that this process started with an application request for a Residential Placement permit for a residence to be placed on a 2 acre parcel yet to be divided. He was told by staff that the residential placement application requires a parcel number specific for the land to receive the residence, but that this parcel number is not yet available because the land has not been divided. Further, because the next step would be to apply for a parcel division in order to create the son's parcel, this application cannot be accepted until and unless the parcel division creates a suitable parcel size. Because the ordinance disallows a parcel division creating a parcel less than 5 acres (the density of the Rural Residential zone), said application for a parcel division cannot be accepted until the zone in which the parcel lies allows for division of the size required. To enable all such requests the applicant has filled separate applications for each purpose: 19-083 Parcel Division Simple and 19-084 Residential Placement permit. Both of these applications are pending the outcome of this hearing before they can be processed.Staff concurred with this explanation, saying the additional requests are included in the material presented for the Commission to review.
Davis thanked the applicant and asked if there were anyone present who wished to speak in favor of the application. Matt Pluid said that he wanted to preserve the are at the north end of the parcel that is currently used for agriculture and that he simply wanted the few timbered acres there for his home. He said that the timber line makes an ideal border for the requested parcel and that he wishes no more and no less than the timbered area.
Davis thanked Mr. Pluid and after determining there were no additional speakers in favor asked if there were anyone present who wished to speak uncommitted to the application.
Larry Duscher said that he has 30 acres adjacent to the applicant's property and is not opposed to the request.
Peter Wilson said that he has property due east of the applicant's property, does not wish to split his own property but has no problem with the applicant splitting off a piece for his son.
Chairman Caleb Davis then asked the applicant if he wished to make a closing statement. Rob Pluid said that he wants to gift a smaller parcel and keep the gifting value low because he also has 6 other kids to think about. He reiterated he has no plans to further divide this land.
Chairman Davis then closed the hearing to public comment 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 and they are aware that making this change enables further division of the land by this or subsequent owners. However they acknowledge the applicant's statement that further subdividing is neither desired nor planned. The discussion focused on spot zoning, and not wanting to make 'postage stamp' stamp decisions. In this regard they noted that the applicant owns adjoining properties, each large parcel on either side of Amoth Rd, and that each parcel lies in a different zone. As a result of approving this request, both of these properties would be in the Suburban zone and thus definitely not involving spot zoning.
Chairman Caleb Davis asked for a motion to recommend approval of the Application based on no disapproval from the public, not being spot-zoned due to being adjacent to suburban zone parcels and the request being consistent with provisions in both the Comprehensive Plan and Ordinance 9B18LOV2. Adam Isaac expressed strong reservations regarding further provisions for dividing land into smaller parcels. He suggested dividing off the necessary 5 acres consistent with the Rural Residential density and then making this request for rezone on the resulting 5 acre parcel. Staff said the bottom line would be a repeat of this request with the same need to change the zone from Rural Residential to Suburban, same parties involved. General discussion involving Adam's concern supported his dislike of providing for smaller parcels but all agreed that change was inevitable and this area would be developing eventually. It was acknowledged that the applicant has no desire to subdivide any more than is possible to provide acreage for his son's residence. Davis again called for a vote to recommend approval to the County Commissioners. John Cranor so moved, seconded by Ron Self, and there being no further discussion Davis called for a vote. The votes were as follows:
John Cranor - Aye, Tim Heenan - Aye Scott Fuller - Aye , David Hollabaugh - Aye, Wade Purdom -Absent, Adam Isaac - Abstain, Rob Woywod - Aye, Caleb Davis - Aye, Ron Self - Aye
Tally: Nay (0), Aye (7), Absent (1), Abstain (1)
The motion to recommend approval of Application 19-082 to the Boundary County Board of Commissioners was approved.
Davis thanked the applicant and visiting members of the public, who then left the meeting.
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, and it was suggested that the Commission members take this as a research assignment and return next month with some thoughts on how to provide a definition that both describes junkyards and also makes provision for managing the use and terminating the use of junkyards.
Staff mentioned the need for placing storage units (and required adequate temporary parking space) in an appropriate Light or Moderate Use description in Section 15.
Scott Fuller moved to adjourn, Adam Isaac seconded, approved unanimously at 7:55 pm.
Transcribed by: John B. Moss / Scott Fuller