Boundary County Planning and Zoning Commission
Minutes February 15, 2018
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Attending
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Names
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Public |
Wayne Pusl, Darci Price, Terry Johnson, Chris Hoover, Andy Scott, Rick Meyer, Ron Eliassen, Chris Hummer, Han Beggly, Alan Sumptor, Karen Tice, Darlene Young, Kris Quillin, Dennis Weed, Wendy McClintock, Jim Greenslitt, Marsha Greenslitt, Kevin Lederhos, Levi Falck, Brian McDonald, Nancy Gould, Susan Falck, Tom Jones, Mathew Gomez, Bob Norton, Gary Gaztambide, Elaine Gaztambide, Abbey Pipitone |
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Planning & Zoning |
Caleb Davis (Chairman), Wade Purdom (Co-Chair), Counselor Tevis Hull, MarciaVee Cossette, John Cranor, Tim Heenan, Adam Isaac, Ron Self, Rob Woywod |
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Absent |
Scott Fuller |
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Staff |
John Moss |
At 5:30 pm Chairman Caleb Davis opened the meeting and presented the evening agenda. After identifying the presence of a quorum Davis asked the members of the Commission to introduce themselves.
[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.]
Following the introductions Davis asked the Commission if there were any changes or corrections to be made to the Minutes of the January 18 2018 meeting. There being none, Davis asked for a motion to approve the January 18 Minutes. Wade Purdom 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 - Abstain, Scott Fuller - Absent, Marciavee Cossette - Aye, Wade Purdom - Aye, Adam Isaac - Aye, Rob Woywod - Abstain, Ron Self- Aye, Caleb Davis - (tie-breaker);
Tally: Nay (0), Recused (2), Aye (6), Absent (1)
The motion to approve the January 18 2018 minutes was unanimous.
Next, the Chairman opened a Conditional Use Hearing regarding applications 18-042, 18-043, 18-044 and 18-045 by Levi Falck. This application is for parcels #RP62N01E142861A, #RP62N01E142876A, #RP62N01E142870A and #RP62N01E142841A,, totaling 5.51 acres in the Commercial/Light Industrial zone.
Applications 18-042, 18-043, 18-044 and 18-045 are a request for a Conditional Use related to placing a Commercial junk yard on parcels in a Commercial/Light Industrial Zone.
Opening the hearing on applications 18-042, 18-043, 18-044 and 18-045, Chairman Davis read the Quasi-judicial script including the conditions necessary to grant approval (9B18LOV1, Section 7.7 Considerations and 7.8. Terms and Conditions) and determined there was no one on the Planning Commission having ex parte contact. Davis then explained that before opening the hearing for public comment he had received word that Counselor Tevis Hull wished to speak concerning the application.
Counselor Tevis Hull then addressed the Planning and Zoning Commission and, turning to the large audience seated in the courtroom, said that his remarks were intended for them as well. He began by saying that information provided by counsel may effect what happens in this meeting so his intention is to make everything clear.
He said that as counsel he received a package concerning everything related to this application, as does every member of the Planning and Zoning Commission. He said it is Staff's responsibility to provide information in this package that includes not only information about the application but also contains material received from the public; supportive,neutral and opposed. He said he looked at this information and realized there would be certain information of interest to the Planning and Zoning Commission to enable an informed decision regarding the approval of this Conditional Use Permit. Some of this information included IDEQ and ITD perspectives that should be included when reviewing the conditional Use considerations regarding the making of Terms and Conditions inclusive of these agencies concerns.
In talking with Staff regarding the information received, we agreed that it would be helpful if we have all the information we can receive in order to have a more complete understanding of any issues. As a result, Staff contacted DEQ and they responded saying they have lots of things that need to be considered in these circumstances. It was suggested by DEQ that they receive a copy of the application in order to make a determination of whether they have specific concerns. This would enable including their concerns as appropriate Terms and Conditions in the issuance of a Conditional Use Permit.
Counselor Hull continued, because a Conditional Use Permit runs with the land it is not given to an individual but is to considered as a long term use involving future generations. He recommended that the application be tabled to allow additional information from various agencies (ITD and IDEQ) to be received by the Commission for their consideration.
He said that it is obvious that everyone present, whether supportive, neutral or opposed, need to have as much information as possible. It would be helpful if the public could also hear the recommendations of other agencies prior to evaluating Terms and Conditions that may be related to these same agencies concerns. The Commission also needs as much information as possible in order to make an appropriate decision.
Tim Heenan asked if the public can speak, since there are so many present? Then table the hearing?
Counselor Hull responded that was indeed an option. The pitfall is that the applicant is unable to address any concern the agencies may or may not have, and everyone returns to the next meeting partially influenced by what was said at this hearing and specifically influenced by the response of the agencies, so this Commission will be weighing a decision in a situation where nobody could make a fully informed presentation of their views until all the facts are known. He said it is the Commission's decision as to opening the hearing to public comment, but he thought that all concerned want to have all the facts and right now, that's not the case. He suggested that by taking public comment now, when reopening the hearing the need will be to supplement previous testimony with opinion based on newly discovered facts. He suggested that if you wait until all the facts are in the Commission will have peace of mind knowing that all opinions received are of common and complete awareness of all the facts. But, he said, this is a practical issue, not a legal issue.
Tim Heenan can a notice be mailed to these people?
Counselor Hull replied by asking Staff "Is there a publication normally made when opening a tabled hearing"?
Staff said no, that original publication and notices mailed were for the first hearing, only, because everyone attending had already received notice and because they are present they know the situation.
Counselor Hull said that perhaps this could be an exception, partly due to the original mailing having a typographical date error (subsequently corrected) and partly because the receipt of information from the agencies will take an unknown length of time. Staff said this would be no problem, but there are two considerations involving publication and mailing. First, the lead time for publication of 15 days and the Herald's publication deadlines require at least a month advance prior to the hearing date (3rd Thursday of any month) such that the hearing can not be held in March, that earliest date would be in April. Second, in order to send mailing notices to all present there must be a valid mailing address supplied in the sign-in sheet.
Ron Self asked if this mailing can include everyone here?
Counselor Hull replied of course, this is a courtesy issue.
Chairman Davis said he would ask those present for a mailing address.
Following the explanation given by Counselor Hull, Davis asked the Commission if there was anyone wishing to make a motion and Self moved to table the hearing until information is received from DEQ and ITD establishing any concerns either agency may have regarding this application, and that when such information is received staff will send notification, to all present at this hearing, of the date and time the hearing will be reopened and at that same time republish in the Herald notification of this event. The motion was seconded by Adam Isaac, and there being no further discussion Davis called for a vote. The votes were as follows:
John Cranor - Aye, Tim Heenan - Aye, Scott Fuller - Absent, Marciavee Cossette - Aye, Wade Purdom - Aye, Adam Isaac - Aye, Rob Woywod - Aye, Ron Self- Aye, Caleb Davis - (tie-breaker);
Tally: Nay (0), Recused (0), Aye (8), Absent (1)
The motion to approve tabling the hearing until information is received from DEQ and ITD establishing any concerns either agency may have regarding this application, and that when such information is received staff will send notification, to all present at this hearing, of the date and time the hearing will be reopened and at that same time republish in the Herald notification of this event, was unanimous.
Chairman Davis then asked all present who wished to be notified of the next hearing date to place their mailing address on the signup sheet. He apologized for the inconvenience of their having made an appearance and not having a chance to speak, thanking them for their participation, and welcoming their return when the hearing can be resumed. The public left after those so inclined made their sign-in sheet addresses available.
Chairman Davis then asked staff what steps are needed to amend the Comprehensive Plan and Comprehensive Plan Map. Staff responded by saying that approval of the 2008 Comprehensive Plan and Comprehensive Plan Map to be retained as the 2018 version resulted in the approved renaming of these documents to 9B18CPV1 (Comprehensive Plan) and the Map to 9B18CMV1. Applications are needed for making amended changes to both Plan and Map, and although Staff Reports have been framed for these (18-049, 9B18CPV1 and 18-050, 9B18CMV1) an actual application form needs to be signed for each. Davis said he would sign these applications, and that each would say 'see attached' in order to represent changes to be made.
Staff said there are no hearings scheduled for March but that this would be a good time to plan workshops. He explained that workshops can be held weekly (or whenever convenient) but this is up to the Commission to decide and schedule. Rob Woywod suggested that the next regularly scheduled meeting date, March 15, could be considered a workshop day, such being the first available date to begin this effort. This was agreed to by everyone.
Staff suggested that when reviewing the Comp Plan Map it is important to view not only what the Comp Plan and existing Comp Plan Map reveal but also to view the parcel distribution as seen in the current Land Use Zone Map (9B18LMV1). This Zone Map shows actual parcel layout which has occurred and as such differs from the parcel distribution at the time the Comprehensive Plan Map was created more than 10 years ago. The Planning and Zoning Commission is now in a position to view how actual land use has evolved from the time the Comprehensive Plan Map was created, enabling a more realistic picture of current and proposed future development. However, staff suggested that the review of the Map can wait until the Comprehensive Plan review for amendments is complete.
Davis suggested that each member should review the Comprehensive Plan and come with notes involving any changes they think are appropriate. This will enable quickly moving through the entire Plan because this review was just completed when recommending the 2008 plan be adopted as the 2018 Plan. Since everyone is familiar with the Plan content, any such potential changes can be addressed without belaboring every word in the document, as was just recently reviewed.
Wade Purdom moved to adjourn, MarciaVee Cossette seconded, approved unanimously at 7:00 pm.
Transcribed by: John B. Moss