P&Z Minutes Nov 16, 2017

Boundary County Planning and Zoning Commission

Minutes DRAFT November 16, 2017

Agenda
  1. Establish quorum; Open meeting
  2. Reading and approval of October 19 minutes.
  3. Hearing - Conditional Use Permit 18-002 for Davies
  4. Discuss status of Application 17-135 Comprehensive Plan
    • Plan
    • Plan Map
    • Rename Plan, Ordinances (Land Use, Overlays (Airport, Flood))
    • Public Comment (Open)
  5. Adjourn
Statistics
Attending
Names

Public

Bill Jarrell, Lisa Jarrell, Gary & Anita Woods, Clint Belyea

Planning & Zoning

Caleb Davis (Chairman), Wade Purdom (Co-Chair),
Marciavee Cossette, John Cranor, Tim Heenan, Adam Isaac, Scott Fuller, Ron Self, Rob Woywod

Absent

Counselor Tevis Hull

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 if there were any changes or corrections to be made to the Minutes of the October 19 2017 meeting. There being none, Davis asked for a motion to approve the October 19 minutes. Ron Self 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 - Recused, Scott Fuller - Aye, Marciavee Cossette - Aye, Wade Purdom - Aye, Adam Isaac - Recused, Rob Woywod - Aye, Ron Self- Aye, Caleb Davis - (tie-breaker);

Tally: Nay (0), Recused (2), Aye (6), Absent (0)

The motion to approve the October 16 minutes was unanimous.

[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.]

Next on the agenda was a Conditional Use Hearing regarding application 18-002 by Tom & Lisa Davies. Chairman Davis read the general Chairman's Script followed by the Legislative Script for application 18-002, a Conditional Use related to providing vacation rentals on property in a Suburban zone when such rentals are less than 500 feet from neighboring property.

Pursuant to that script there was no member of the Planning and Zoning Commission having ex parte contact and no members of the public wished to speak in favor of or neutral to the application. Chairman Davis asked the applicant(s) if they wished to give an opening statement.

Lisa Davies said the property contains a nice house and a studio sized structure. She said the plan is for the Davies' to be available at all times, since they own the neighboring parcel to the north. She said they were not experienced at providing rental service but that she wanted to be sure that if their renter had any questions or issues the Davies' would be right there to support them.

Chairman Davis then asked if there were any opposed to the application, and Lisa Jarrell spoke in opposition to the proposed use. She argued that the potential for trespass onto her property was likely due to the complete absence of a fence or line of demarcation separating her property from the Davies' property and that placing such a fence or line was something less than desirable. She said the neighborhood has been quiet and neighborly and that the Davies' had not contacted anyone with plans to introduce strangers into the neighborhood.

Bill Jarrell spoke, saying that his experience in law enforcement has been that renters, by their lack of ownership, are disruptive and detrimental to property both in being disrespectful of the rights of others and frequently being unlawful in their actions such as firing weapons and using alcohol and drugs. He stated that he came home at night for peace and quiet, not wanting the intrusion likely from a transient neighbor. Mr. Jarrell also mentioned the lack of comment regarding a letter from Tom and Lisa Kouri, the Kouris being a part of the neighborhood and also opposed to this application. Ron Self responded, saying the letter is part of the packet given to the Commission members several days before the hearing and that all had read and understand the Kouri's position.

John Cranor said that he had heard a lot of concern but that regarding the ordinance there didn't seem to be anything that would deal with these concerns. It seemed reasonable, he said, to consider mitigating options such as placing a fence to serve as a trespassing deterrent, or to block visibility of the neighboring property. However, it would seem these options should be discussed by the neighbors.

Rob Woywod made a motion that, while the floor is still open to public and applicant input, the hearing be tabled until the next meeting thereby giving the applicants and their neighbors time to review mitigating options, if any can be found. This was seconded by Ron Self, and the voting was as follows:

John Cranor - Aye, Tim Heenan - Aye, Scott Fuller - Aye, 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 (0)

The motion to table the hearing was unanimous.

Chairman Davis then asked staff for an update on Application 17-135, the Comprehensive Plan proposal recommending the approval of the 2008 plan to be retained for 2018. Staff explained that the hearing for this is scheduled for November 28 at 10 AM (a Tuesday) and suggested that any member of the P&Z Commission wishing to attend is welcome to do so.

Regarding the current zone map, staff presented a letter from Carolyn Hill requesting that when considering a zone map change Ms Hill would like for her property to be considered as a Rural Community Commercial zone.

Davis asked if the application to rename the ordinance and maps had been addressed by staff. Staff had included a copy of a proposed rename application in the packet distributed to the P&Z Commission for their consideration, seen as:

  • 9B18CPV1 Comprehensive Plan
  • 9B18CMV1 Comprehensive Plan Map
  • 9B18LOV1 Land-use Ordinance
  • 9B18LFV1 Land-use Ordinance Fees
  • 9B18LMV1 Land-use Ordinance Map
  • 9B18OAV1 Land-use Overlay - Airport
  • 9B18OFV1 Land-use Overlay - Flood

Wade Purdom made a motion that a change be made to the Comprehensive Plan / Ordinance Rename application form stating "Comprehensive Plan and Ordinance name changes to become effective on the date of adoption of the new Comprehensive Plan'. This was seconded by John Cranor, and the voting was as follows:

John Cranor - Aye, Tim Heenan - Aye, Scott Fuller - Aye, 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 (0)

The motion to change the Comprehensive Plan / Ordinance Rename application form stating "Comprehensive Plan and Ordinance name changes to become effective on the date of adoption of the new Comprehensive Plan' was unanimous.

At staff's suggestion Chairman Davis agreed to stop by the Administrator's office next week to sign the updated form after staff had filled in the rename details. Davis clarified that this would probably be after hours, perhaps as late as 5:30, and staff acknowledged the time requirement.

John Cranor moved to adjourn, Ron Self seconded, approved unanimously at8:00 pm.

John B. Moss

Date: 
Thursday, November 16, 2017 - 21:30
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