Boundary County Planning & Zoning Commission
Minutes
November 18, 2004

Members present: Jim Paulus, Chairman, Barry Davis, Tom Hollingsworth, John Kellogg, Jane Kirby, Doug Reoch, and Toby Schnuerle. Member absent: Rod Barcklay, due to illness: Staff present: Rae Jeanne Adams.

Chairman Paulus called the meeting to order at 5:35 p.m. The Minutes of the October 21, 2004, meeting were discussed with a motion by Doug Reoch and seconded by Tom Hollingsworth to accept as were received by mail to each Planning & Zoning Board Member, and the Motion carried unanimously.

The meeting proceeded:

1. Chairman Paulus then read the procedure and opened the public hearing on Schaffer SUP 04-05. Nanci Schaffer gave her presentation regarding her desire to build and operate a commercial winery on property owned by her sister, Julie Schaffer. Nanci indicated they planned to start out small beginning the first stage constructing a 20’X30’ building for winemaking and storage. The second phase is projected for an attached 30’X30’ building to serve as a cellar, bottling room, and tasting room/gift shop. She indicated her own concerns regarding County Road 77 and that she had discussed dust abatement control with Jeff Gutshall, Superintendent, County Road and Bridge, as well as the private/community road, accessed by several families, which she indicated was another concern for an adjoining property owner. Chairman Paulus inquired how long the road was and Nanci Schaffer indicated County Road 77 was about ¼ mile and then another ¼ mile of private/community road to her winery site with approximately six families using the road up to her proposed site. Schaffer stated her plans to improve the road as her business grew, stating the logics were if there wasn’t a well-maintained road, then she couldn’t expect customers to drive to her business. Applicant confessed now that she has additional motivation, she acknowledged she would have to get more involved in all community amenities. Calcium Chloride to take care of dust abatement was offered by Chairman Paulus, along with a stipulation for a speed limit to be posted on the road. Although Jane Kirby indicated the road had been a problem forever within the neighborhood, Tom Hollingsworth offered perhaps all neighbors should chip in and maintain the road as a community effort. Applicant also indicated she had plans to clear the property of some old vehicles but that the landscaping would be left rather virgin to fit into the current scenery. She also discussed alcoholic beverages and the license necessary to serve this type beverage, stating the wine tasting would be a different license. Doug Reoch questioned applicant’s first stage regarding this license, and she indicated she had researched the license for the winery being $500 on a state level. Reoch questioned whether applicant had the capital to facilitate the winery, and she indicated the reasoning to plan the business in several stages. She addressed the fire protection and how she would support the fire district.

Reoch indicated his viewpoint of not wanting to stand in the way of a potential business but to honor the neighbors by giving additional attention to the road, and the Board agreed the road was an issue that the community should deal with. Basic thought given was applicant must clean up her property and assist in the road improvement to thrive in her business.

Those in favor of the proposal: Karl Heiss and John Sharp.

Those opposed primarily regarding the road concerns: Robert Moir, Martin Draxlir, and Ed Minden.

Following this discussion and the public testimony, a Motion was made by Toby Schnuerle to accept the application, which was seconded by Tom Hollingsworth , and the Planning and Zoning Commission unanimously agreed to forward a recommendation of approval of Schaffer SUP 04-05 to the Boundary County Commissioners.

2. Chairman Paulus then opened public hearing AM 04-01 by the Boundary County Planning and Zoning Commission for amendment to the Official Boundary County Zoning Map. Discussion followed with Chairman Paulus indicating the extent of the commercial corridor was greater as advertised and laid out than what the Board had anticipated. The area to consider was then laid out from the City of Bonners Ferry city limits south on Highway 95 to Mirror Lake Golf Course (CR 2), along Highway 95 (Mile Marker 494.6) at Sam Wohali’s wrecking yard (near Pat Piel’s yellow airplane) north toward Naples, and from Highway 95 North and Highway 2 at the Three-Mile area along Highway 2 east to the Oxford Loop road. A Motion was made by Tom Hollingsworth to change the original plan to this as discussed, which was seconded by Jane Kirby. Discussion followed re input and the distances from the highway centerlines as 500 feet along Highway 95 and 1000 feet on Highway 2.

Chairman Paulus explained it was the Planning and Zoning Board’s desire to stimulate the potential for new businesses and to attract businesses and jobs without having to wait for two to five months to get a property rezoned for commercial to commence their business and that the Economic Development Committee and the P & Z desired to stimulate the community by getting in place a commercial zone. The Board reminded the public the basic reason for this hearing was a rezone “proposal” for community input, and the Board explained to the public that they were attempting to do a service to the community without any pay or reciprocation.

PUBLIC DISCUSSION then followed with those giving testimony supporting the application: GLENN MEREDITH desires to use his property in a more beneficial way and owns 10 acres along the highway and desires to be zoned commercial and the ability to do something with his highway frontage property. ED MINDEN lives in the Highway 2 area and indicated there are many businesses along this highway, i.e., the sign shop, gravel pit, nurseries, etc. He questions whether he should apply for a permit on his own for his property and not count on the Highway 2 corridor rezone.

STEVE TANNER indicated he is against government regulation but for the rights of the individual property owner and that each property owner should be able to use his property as he sees fit. JAN ROSE spoke in favor of the current proposal as presented but not the sweeping proposition, as he would like to see some commercial zones going deeper than miles and miles following a limited distance from the highway centerlines. LYNDA G. EKSTROM commending the board but acknowledging the sweeping change as not being her desires and that of the P & Z Board. She applauded the Board for correcting their sweeping change attitude as published in the newspaper and that property owners should be individually notified.

THOSE NEUTRAL but giving testimony were: JERRY HIGGS requesting a copy of a map regarding the land use and how this proposal would fit into the current Comprehensive Plan with his indication that P & Z could not change a zoning area until changing the Comprehensive Plan. TIM PATTON would like to see a couple of alternatives indicating more need for green zones and would like to see the commercial and industrials in clusters and not strung out along the highway. DON JORDAN stated his feeling was P & Z Board was making a decision that would affect us for years to come. He expressed he was in favor of growth but to continue as good stewards for our county to ensure planned growth and that he likes the area to continue as it is. Testimony was given by another businessman representing the Selkirk Loop and concern with the present community attitude towards a strip mall. Said Wal Mart in Montana went in and did rapid things without community input. He indicated he wanted the area to go by a case-by-case situation and to settle in to two or three smaller areas and that the current proposed area was too large.

THOSE OPPOSED gave testimony: MARY PETERSON as a realtor indicated a lot of commercial development coming forth but that she would prefer a spot zone of the proposed area and not the sweep. She indicated a preference of the previous procedure of individuals making application so that adjoining property owners are able to give input and that what made Boundary County so special is that there was not the sweeping area for the commercial zone with a recommendation to spot zone a proposed area and not the sweep. She indicated Kootenai County takes ten months to process applications and that time was not a bad thing. Those signing the Sign-Up Sheet opposing: JOHN R. LOZIER, JEFFREY V. DUNIK, SHAELA CONNOR, and KAREN MARTINS.

Board Member JANE KIRBY indicated that the ITD would decide what access would be allowed to the individual commercials for access off of the highway, and Board Member JOHN KELLOGG indicated the reason the area was chosen close to the highway corridor was to keep traffic off of the county roads. John indicated his feeling, after receiving public testimony, was that the attendants of this meeting did not want any change.

Chairman, JIM PAULUS requested a show of hands that the community desires for new businesses to come in and to do their Special Use applications through the standard procedures and to keep the process as is. A majority of hands, approximately 94% thus complied, and Chairman PAULUS indicated the Board wanted to listen to the public outcry thus tabling the proposal for additional work.

The meeting was adjourned at 8:15 p.m.