Boundary County Planning and Zoning Commission

Boundary County Planning & Zoning Commission
Minutes

August 20, 2004

Members present: Jim Paulus, Rod Barcklay, Tom Hollingsworth, Doug Reoch, Toby Schnuerle, Barry Davis, Jane Kirby. Members absent: John Kellogg. Staff present: Mike Weland, Tracy Ahner.

1. Chairman Paulus called the meeting to order at 5:30 p.m. and called for election of a new vice chair in the wake of Mary Ann Luedtke's passing. Hollingsworth nominated Jane Kirby, Barcklay seconded and the motion carried unanimously. Paulus called for reading of the July minutes. Kirby made motion to waive reading and approve the minutes as mailed. Schnuerle seconded and the motion carried unanimously.

2. Paulus read the procedure and opened public hearing on CUP 04-02. No member cited conflict of interest. Applicant James Shrock said he lives on County Road 41B and explained where the road is. He outlined his proposal to use existing buildings as a church and to deed 1.5 acres to the church. Weland gave staff report, reminding members of federal law that precludes denying applications to churches except in cases of significant concern, and said the key issue was whether a church qualified as a public service facility. Paulus called for public testimony. No one spoke in favor, uncommitted or opposed. No closing comments were made. In discussion, Hollingsworth expressed concern about the septic system, Shrock said he had been in contact with Panhandle Health and would bring the system into state compliance. Reoch asked if the church had enough room for expansion with 1.5 acres, Shrock said it did. Following discussion, Davis made motion to approve application CUP 04-02 as presented with the provision that the applicant meet Panhandle Health septic requirements. Reoch seconded and the motion carried unanimously.

3. Paulus opened public hearing on SUB 04-03. Steve Moyer, representing the applicant, outlined the proposed subdivision, access, septic requirements and covenants proposed. Hollingsworth asked if he knew whether Three Mile Water could provide service, Moyer said they could. Discussion was held over the PGT pipeline right of way and its effect on lot sizes, Moyer said the rights of way would be laid out on the plat and recorded with each deed so purchasers of those properties affected would be aware of the restrictions. Applicant Nelson Mast said he and Steve had discussed building sites and stated some of the lines may have to be slightly adjusted in the preliminary plat to ensure each lot is suitable for building. No staff report was given. Paulus called for public testimony. Joe Farrell, a local Realtor and nearby property owner, said he was in favor of the proposal, saying there is a need for rural housing in the community and that the applicant's proposal was well thought out and properly planned. He stated that with the proposed covenants, the subdivision would be as nice as several existing subdivisions in that area. No one spoke uncommitted. Speaking in opposition were Mike Facha, who cited concerns over additional traffic and said County Road 62A is a one-lane road. Paulus read the letter submitted by county road supervisor Jeff Gutshall. Reoch asked how many homes were currently on County Road 62A, Facha said there are 10 homes and one business. He stated that County Road 62A floods nearly every year and said Road and Bridge has said they can't ditch the road because of the pipeline. Jenny Starr, an adjoining property owner, said she was opposed to the number of homes being proposed, and said existing roads could not handle the excess traffic. She expressed concern about wildlife habitat, the excessive number of pets, children trespassing onto private property. She stated she'd like to be assured that roads would be improved and that fencing would be installed. She asked about impact from septic systems on area wells, the impact the proposal would have on schools. With no further testimony, Paulus called for closing comments. Moyer said he had talked with Panhandle Health and no problems were foreseen for providing adequate septic systems to each parcel proposed, he said he had spoken with Gutshall and improvements were planned for the roads. Paulus closed the hearing to public testimony and called for discussion among members. Davis said he felt the applicant should be commended for going through the process, saying the property could be split in ways that would cause significant impact without public hearing. Kirby concurred and said the community is growing. After discussion, Hollingsworth made motion to forward to county commissioners a recommendation that application SUB 04-03 be approved. Barcklay seconded and the motion carried unanimously.

4. Paulus called for discussion of the proposed zone map amendment by planning and zoning. Staff stated that each member had received the final proposal developed during earlier workshops, and that if all members concurred with the proposal, all that was needed at this point was a decision to proceed to public hearing. Members unanimously agreed to draft an application and take it before public hearing at the next meeting.

5. On old business, Kirby again recommended that the home business clause be removed from the zoning and subdivision ordinance and said she felt the term "zoning certificates" should be amended to "zoning permit." Staff stated that this could be included in the application for zone map amendment. Discussion was held on home businesses, and members determined that the provisions should be retained. Schnuerle asked staff if a position vacancy announcement had yet been made to fill the position created by Luedtke's death, Weland said it had not. Members advised staff to run announcements.

6. There being no further business before the Planning and Zoning Commission, Reoch made motion to adjourn. Schnuerle seconded and the motion carried unanimously. The meeting adjourned at 6:30 p.m.