Commissioners’ – Week of March 14, 2022
Meeting Date: March 14, 2022 9:00 am
Meeting Minutes
***Monday, March 14, 2022, at 9:00 a.m., Commissioners met in regular session with Chairman Dan Dinning, Commissioner Wally Cossairt, Commissioner Tim Bertling (via telephone), Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
Commissioners gave the opening invocation and said the Pledge of Allegiance.
9:00 a.m., Chairman Dinning stated for the record that they were notified of a document to the county’s outside auditor that needed to be signed today due to time sensitivity and Commissioners were just made aware of it.
9:00 a.m., Road and Bridge Department Co-Superintendents Renee Nelson and Randy Morris joined the meeting to give the departmental report. A written report was provided.
Mr. Morris reviewed information on a piggyback bid for a Western Star cab-chassis. Ms. Nelson said she’s still waiting for comments from County Civil Attorney Tevis Hull, but the purchase and sales agreement needs to be signed in order to be placed on the build list. Chairman Dinning asked if Road and Bridge has budget for this. Ms. Nelson said Road and Bridge does have budget for this as they had budgeted for more. The cost of cab and chassis is $138,000.00 and the lease payment is $30,890.00.
Commissioner Cossairt moved to sign the Purchase and Sale Agreement with Freightliner Northwest for a truck and chassis. Commissioner Bertling second. Motion passed unanimously.
Ms. Nelson said Aaron Hunt with Union Pacific Railroad has passed on the matter pertaining to delays to a Union Pacific Railroad oversight manager to review and this person will contact Road and Bridge.
Ms. Nelson said she has nothing new for the Alta Forest Product siding project and she is going to follow up with the project representative and a senator about the delays for this project as well.
Ms. Nelson informed Commissioners that she was approached last week by the Kootenai Tribe about their plans for the travel plaza and they showed the plans to Road and Bridge.
9:06 a.m., County resident Marty Martinez joined the meeting.
Ms. Nelson said the Kootenai Tribe is requesting a traffic study be done due to the intersection with Highway 95 and they would also like another approach to the highway. Road and Bridge will have to approve what gets done for the project in that aspect. The Kootenai Tribe would like additional approaches to Great Northern Road. Ms. Nelson said she agreed that a traffic study and Idaho Transportation Department’s input would be a good thing. The project is probably going to happen sooner rather than later.
Ms. Nelson brought up the trailer lease and stated she’s still waiting to hear from the County Civil Attorney about this.
Mr. Morris said they ordered a Walk ‘n’ Roll packer to use behind the grader.
Ms. Nelson said there was a meeting about Twin Rivers Road and the Kootenai Tribe has the final plans for what they want to do with their portion of this road, but it may affect realignment of the county’s portion. Ms. Nelson said from what Mr. Morris has heard, the project will be a benefit all the way around.
9:15 a.m., Commissioner Cossairt moved to go into executive session pursuant to Idaho Code 74-206(1)b, to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public-school student. Commissioner Bertling second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Bertling “aye”. Motion passed unanimously.
The meeting with Ms. Nelson and Mr. Morris ended at 9:27 a.m.
Commissioners continued their executive session.
County Civil Attorney Tevis Hull joined the executive session at 9:27 a.m.
The executive session ended at 10:25 a.m. No action was taken.
Commissioner Bertling ended his telephone call.
Marty Martinez, Gregory Lamberty and Hilary Kraly joined the meeting at 10:25 a.m.
Commissioner Cossairt moved to sign Commissioners’ meeting minutes for March 7 & 8, 2022. Chairman Dinning yielded the chair to second. Motion passed unanimously.
Commissioner Cossairt moved to declare the 1998 Dodge Grand Caravan, VIN#1B4GP44GXWB733790, that had been used by the Senior Hospitality Center, surplus. Chairman Dinning yielded the chair to second. Motion passed unanimously.
Commissioner Cossairt moved to sign the Agreement/representation letter for County Outside Auditor Scott Hoover for the county audit for year ending September 2021. Chairman Dinning yielded the chair to second. Motion passed unanimously.
Commissioners reviewed claims for payment. Fund totals are as follows:
Current Expense $ 101,755.95
Road & Bridge 119,105.29
Airport 4,832.27
District Court 6,356.92
Justice Fund 57,929.12
911 Funds 3,556.31
Health District 14,240.00
Indigent & Charity 20,243.44
Parks and Recreation 4,151.75
Revaluation 550.19
Solid Waste 34,024.29
Tort 1,201.13
Veterans Memorial 611.17
Weeds 330.00
Restorium 33,451.02
Waterways 4,130.78
Grant, Airport 16,679.64
Grant, Selkirk Coop Weed Mgmt 8,499.96
TOTAL $431,649.23
Trusts
Boundary County Drug Court 154.44
Driver’s License Trust 11,359.50
Motor Vehicle Trust 121,378.05
Sheriff’s Trust Fund 348.20
Odyssey Court Trust Account 19,108.80
Odyssey Bond Trust Account 655.25
TOTAL $153,004.24
GRAND TOTAL $584,653.47
Citizens are invited to inspect detailed records on file in the Courthouse (individual claims & Commissioners’ allowance & warrant register record 2021-2022).
10:30 a.m., Commissioners canvassed the ballots from the March 8, 2022 school bond vote. Clerk Poston stated there were no inaccuracies.
Commissioner Cossairt moved to state that Commissioners of the county and state aforesaid, acting as a Board of Canvassers of Election, do hereby state that the attached is a true and complete abstract of all votes cast within this county for the candidates and/or questions as they appeared at the election held on March 8, 2022 as shown by the records now on file in the County Clerk’s Office, and to sign the canvas. Chairman Dinning yielded the chair to second. Motion passed unanimously.
Commissioner Cossairt moved to adopt Resolution 2022-19. A resolution of Boundary County, Idaho amending the official comprehensive plan map designation from agriculture/forestry to rural residential for Ken & Lois Weakly, Planning Department File #21-114. Chairman Dinning yielded the chair to second. Motion passed unanimously. Resolution 2022-19 reads as follows:
Boundary County, Idaho Resolution 2022-19
A RESOLUTION OF BOUNDARY COUNTY, IDAHO
AMENDING THE OFFICIAL COMPREHENSIVE PLAN MAP DESIGNATION
FROM AGRICULTURE/FORESTRY TO RURAL RESIDENTIAL
KEN & LOIS WEAKLY, PLANNING DEPARTMENT FILE #21-114
WHEREAS, the Boundary County has the authority pursuant to Idaho Code §67-6509 to amend its Comprehensive Plan; and
WHEREAS, any person may petition the governing board for a plan amendment at any time, pursuant to the Idaho Local Land Use Planning Act and local land use law; and
WHEREAS, Ken and Lois Weakly submitted an application to amend the Boundary County Comprehensive Plan Map land use designation from Agriculture/Forestry to Rural Residential for an approximately 10-acre parcel known as RP65N02E353460A, located in Section 35, Township 65 North, Range 2 East, B.M.; and
WHEREAS, Boundary County Planning and Zoning Commission conducted a duly noticed public hearing on June 24, 2021, and recommended denial of the application, and the Boundary County Board of Commissioners conducted a duly noticed public hearing on August 3, 2021, and approved the request; and
WHEREAS, the request to change the comprehensive plan map, which is based upon the findings and conclusions, is in accord with the Comprehensive Plan criteria of Section 18 of the Boundary County Land Use Ordinance, as evidenced by the Board of Commissioners’ decision letter dated August 30, 2021; and
WHEREAS, pursuant to Idaho Code §67-6509, no plan shall be effective unless adopted by resolution by the governing board;
NOW, THEREFORE, BE IT RESOLVED by the Boundary County Board of Commissioners that the Comprehensive Plan map is hereby amended to change the land use designation from Agriculture/Forestry to Rural Residential for an approximately 10-acre parcel described as follows: Commencing at the NW corner of Section 35, Township 65 North, Range 2 East, B.M., Boundary County, Idaho; thence east 660’ on the north line of said section to a point; thence south 660’ to the real point of beginning; thence south 660’ to a point; thence east 660’ to a point; thence north 660’ to a point; thence west 660’ to the point of beginning.
Done this 14th day of March, 2022.
BOUNDARY COUNTY
BOARD OF COMMISSIONERS
s/______________________
Dan Dinning, Chairman
s/______________________
Wally Cossairt, Commissioner
Absent___________________
Tim Bertling, Commissioner
ATTEST:
s/________________________ 3-14-22
Glenda Poston Date
Clerk of the Board of County Commissioners
Recorded as instrument #290628
Commissioner Cossairt moved to adopt Ordinance 2022-3. Boundary County Planning & Zoning File #21-114, Ken & Lois Weakly zone change, agriculture/forestry to rural residential. Chairman Dinning yielded the chair to second. Motion passed unanimously.
Clerk’s Note: This ordinance can be found on pages 8 and 9 of these minutes
Commissioner Cossairt moved to adopt Resolution 2022-20. A resolution of Boundary County, Idaho amending the official comprehensive plan map designation from agriculture/forestry to industrial, Alta Forest Products, LLC, Planning Department File #21-193. Chairman Dinning yielded the chair to second. Motion passed unanimously. Resolution 2022-20 reads as follows:
Boundary County, Idaho Resolution 2022-20
A RESOLUTION OF BOUNDARY COUNTY, IDAHO
AMENDING THE OFFICIAL COMPREHENSIVE PLAN MAP DESIGNATION
FROM AGRICULTURE/FORESTRY TO INDUSTRIAL
ALTA FOREST PRODUCTS, LLC, PLANNING DEPARTMENT FILE#21-193
WHEREAS, the Boundary County has the authority pursuant to Idaho Code §67-6509 to amend its Comprehensive Plan; and
WHEREAS, any person may petition the governing board for a plan amendment at any time, pursuant to the Idaho Local Land Use Planning Act and local land use law; and
WHEREAS, Alta Forest Products, LLC submitted an application to amend the Boundary County Comprehensive Plan Map land use designation from Agriculture/Forestry to Industrial for a ±16.84-acre parcel known as Tax 76, Assessor’s Parcel RP60N01E064962A, located in Section 6, Township 60 North, Range 1 East, and Section 1, Township 60, Range 1 West B.M.; and
WHEREAS, Boundary County Planning and Zoning Commission conducted a duly noticed public hearing on September 23, 2021, and recommended approval, and the Boundary County Board of Commissioners conducted a duly noticed public hearing on November 16, 2021, and approved the request; and
WHEREAS, the request to change the comprehensive plan map, which is based upon the findings and conclusions, is in accord with the Comprehensive Plan criteria of Section 18 of the Boundary County Land Use Ordinance, as evidenced by the Board of Commissioners’ decision letter dated December 27, 2021; and
WHEREAS, pursuant to Idaho Code §67-6509, no plan shall be effective unless adopted by resolution by the governing board;
NOW, THEREFORE, BE IT RESOLVED by the Boundary County Board of Commissioners that the Comprehensive Plan map is hereby amended to change the land use designation from Agriculture/Forestry to Industrial for an approximately 16.84-acre parcel described as Tax No. 76 of Section 6, Township 60 North, Range 1 East and Section 1, Township 60, Range 1 West, B.M., as illustrated in the attached Exhibit A and made a part of this record, and described as:
A tract of land situated in Government Lot 6 and 7 and the East Half of the Southwest Quarter (El/2 SW l/4) of Section 6 Township 60 North, Range 1 East, AND the Northeast Quarter of the Southeast Quarter (NE l/4 SE l/4) of Section 1, Township 60 North, Range 1 West, B.M., Boundary County, Idaho, being a portion of that parcel described in Instrument No. 273883; more particularly described as follows: BEGINNING at the intersection of the centerline of Deep Creek and the west line of said Section 6, which is S 00°34’56” E, 644.05 feet from the West Quarter (W l/4) corner of Section 6; thence, leaving said west line S 77°53’06” E, 20.00 feet to a 5/8″ rebar and plastic cap stamped PLS 3628; thence, continuing S 77°53’06” E, 1194.31 feet to a 5/8″ rebar and plastic cap stamped PLS 3628; thence S 39°35’33” E, 527.78 feet to the intersection with the south line of said NE l/4 SW l/4, which is marked on the ground by a 5/8″ rebar and plastic cap stamped PLS 3628; thence S 07°55’27” E, 21.64 feet; thence S 83°02’04” W, 5.16 feet; thence S 89°36’36” W, 567.34 feet; thence S 89°45’52” W, 664.99 feet; thence N 00°43’53” W, 12.89 feet to the intersection with the south line of said Government Lot 6 which is marked on the ground by a 5/8″ rebar and plastic cap stamped PLS 3628; thence, leaving said south line N 09°32’36” W, 85.65 feet to a 4″ square steel plate on a 1-1/2″ pipe; thence S 89°16’07” W, 256.34 feet to the intersection with the easterly right of way of Deep Creek Loop which is marked on the ground by a 5/8″ rebar and plastic cap stamped PLS 3628; thence, along said right of way N 09°51’15” W, 77.10 feet to the intersection with (the) line between said Sections 1 and 6; thence, continuing along said right of way N 09°51’15” W, 474.15 feet to the centerline of Deep Creek; thence, leaving said right of way and along the centerline of Deep Creek the following Three (3) courses: N 54°44’44” E, 40.72 feet; thence N 48″10’41” E, 38.88 feet; thence N 75°13’58” E, 14.10 feet to the POINT OF BEGINNING, encompassing an area of 16.84 acres, located off Deep Creek Loop Old Highway 95 north of the existing mill operations.
Done this 14th day of March, 2022.
BOUNDARY COUNTY
BOARD OF COMMISSIONERS
s/______________________
Dan Dinning, Chairman
s/______________________
Wally Cossairt, Commissioner
Absent__________________
Tim Bertling, Commissioner
ATTEST:
s/________________________ 3-14-22
Glenda Poston Date
Clerk of the Board of County Commissioners
Recorded as instrument #290630
Clerk’s Note: Exhibit A can be found with the original Resolution on file in the Clerk’s Office.
Commissioner Cossairt moved to adopt Ordinance 2022-4. Boundary County Planning & Zoning File #21-193, Alta Forest Products, LLC zone change agriculture/forestry to industrial. Chairman Dinning yielded the chair to second. Motion passed unanimously.
Clerk’s Note: this ordinance can be found on pages 10 and 11 of these minutes
Commissioner Cossairt moved to adopt Resolution 2022-21. A resolution of Boundary County, Idaho amending the official comprehensive plan map designation from rural residential to suburban, LMJPNP, LLC, Planning Department File #21-033. Chairman Dinning yielded the chair to second. Motion passed unanimously. Resolution 2022-21 reads as follows:
Boundary County, Idaho Resolution 2022-21
A RESOLUTION OF BOUNDARY COUNTY, IDAHO
AMENDING THE OFFICIAL COMPREHENSIVE PLAN MAP DESIGNATION
FROM RURAL RESIDENTIAL TO SUBURBAN
LMJPNP, LLC, PLANNING DEPARTMENT FILE #21-033
WHEREAS, the Boundary County has the authority pursuant to Idaho Code §67-6509 to amend its Comprehensive Plan; and
WHEREAS, any person may petition the governing board for a plan amendment at any time, pursuant to the Idaho Local Land Use Planning Act and local land use law; and
WHEREAS, LMJPNP, LLC submitted an application to amend the Boundary County Comprehensive Plan Map land use designation from Rural Residential to Suburban for three parcels located north of Bonners Ferry off Homestead Loop in Section 15, Township 62 North, Range 1 East, B.M.; and
WHEREAS, Boundary County Planning and Zoning Commission conducted a duly noticed public hearing on February 25, 2021, and recommended denial of the application, and the Boundary County Board of Commissioners conducted duly noticed public hearings on April 20, 2021, and September 7, 2021, and approved in part and denied in part the request to amend the Boundary County comprehensive plan map; and
WHEREAS, the request to approve a change to the comprehensive plan map for a portion of the property that is the subject of File #21-033 is in accord with the Comprehensive Plan criteria of Section 18 of the Boundary County Land Use Ordinance and is based upon the findings and conclusions as evidenced by the Board of Commissioners’ decision letter dated October 18, 2021; and
WHEREAS, pursuant to Idaho Code §67-6509, no plan shall be effective unless adopted by resolution by the governing board;
NOW, THEREFORE, BE IT RESOLVED by the Boundary County Board of Commissioners that the Comprehensive Plan map is hereby amended to change the land use designation from Rural Residential to Suburban for a 34.62-acre parcel known as Assessor’s Parcel Number RP62N01E157211A, located in Section 15, Township 62 North, Range 1 East, B.M., and illustrated in the attached Exhibit A and made a part of this record, and described as: the Northeast Quarter of the Southeast Quarter of Section 15, Township 62 North, Range 1 East, B.M., Boundary County, Idaho, west of the highway and county right-of-way.
Done this 14th day of March, 2022.
BOUNDARY COUNTY
BOARD OF COMMISSIONERS
s/_____________________
Dan Dinning, Chairman
s/_____________________
Wally Cossairt, Commissioner
Absent_________________
Tim Bertling, Commissioner
ATTEST:
s/_______________________ 3-14-22
Glenda Poston Date
Clerk of the Board of County Commissioners
Recorded as instrument #290632
Clerk’s Note: Exhibit A can be found with the original Resolution on file in the Clerk’s Office.
Commissioner Cossairt moved to adopt Ordinance 2022-5. Boundary County Planning & Zoning File #20-172, LMJPNP, LLC, zone change rural residential to suburban. Chairman Dinning yielded the chair to second. Motion passed unanimously.
Clerk’s Note: This ordinance can be found on page 12 and 13 of these minutes.
10:41 a.m., Commissioner Tim Bertling joined the meeting via telephone to participate in the executive session.
10:41 a.m., Commissioner Cossairt moved to go into executive session pursuant to Idaho Code 74-206(1)a, to consider hiring a public officer, employee, staff member or individual agent. Commissioner Bertling second. Commissioners voted as follows: Chairman Dinning “aye”, Commissioner Cossairt “aye” and Commissioner Bertling “aye”. Motion passed unanimously.
Commissioner Tim Bertling ended his call at 10:42 a.m.
The executive session ended at 11:00 a.m. No action was taken.
Commissioner Cossairt moved to sign the plat for the Pine Top Subdivision for Shem Johnson. Chairman Dinning yielded the chair to second. Motion passed unanimously.
Commissioner Cossairt moved to reduce the hours of a Parks and Recreation employee by one-quarter of an hour per week and to increase the wage by $0.12 per hour. Chairman Dinning yielded the chair to second. Motion passed unanimously.
11:02 a.m., Commissioner Cossairt moved to go into executive session pursuant to Idaho Code 74-206(1)b, to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public-school student. Chairman Dinning yielded the chair to second. Commissioners voted as follows: Chairman Dinning “aye”, and Commissioner Cossairt “aye”. Motion passed unanimously. The executive session ended at 11:04 a.m. No action was taken.
Commissioners stated that they needed to remake their motions to adopt Ordinances 2022-3, 2022-4 and 2022-5 as they realized they hadn’t conducted a roll call vote.
Commissioner Cossairt moved to adopt Ordinance 2022-3. Boundary County Planning & Zoning File #21-114, Ken & Lois Weakly zone change, agriculture/forestry to rural residential. Chairman Dinning yielded the chair to second. Commissioners voted as follows: Chairman Dinning “aye” and Commissioner Cossairt “aye”. Motion passed unanimously. Ordinance 2022-3 reads as follows:
BOUNDARY COUNTY, IDAHO
ORDINANCE NO. 2022-3
BOUNDARY COUNTY PLANNING & ZONING FILE #21-114
KEN & LOIS WEAKLY ZONE CHANGE
AGRICULTURE/FORESTRY TO RURAL RESIDENTIAL
AN ORDINANCE OF BOUNDARY COUNTY, IDAHO, AMENDING THE BOUNDARY COUNTY OFFICIAL ZONING MAP (BOUNDARY COUNTY ZONE DISTRICT MAP) BY REZONING A CERTAIN PARCEL OF LAND FROM AGRICULTURE/FORESTRY TO RURAL RESIDENTIAL AND PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, Idaho Code §67-6511 and Boundary County land use codes provide the procedures and authority for the county to amend its zoning map; and
WHEREAS, Ken and Lois Weakly submitted an application to amend the Boundary County Official Zoning Map from Agriculture/Forestry to Rural Residential for an approximately 10-acre parcel known as RP65N02E353460A, located in Section 35, Township 65 North, Range 2 East, B.M.; and
WHEREAS, Boundary County Planning and Zoning Commission and the Boundary County Board of Commissioners held duly noticed public hearings on June 24, 2021, and August 3, 2021, respectively, at which interested persons had the right to be heard per Idaho Code §65-6509; and
WHEREAS, pursuant to Idaho Code §67-6511 and §67-6509, the request to amend the official zoning map was evaluated to determine the extent and nature of the amendment request with particular consideration given to the effects of delivery of and provisions for public services; and
WHEREAS, As required by Idaho Code §67-6511, the governing board has analyzed the proposed change to the zoning map to ensure that it is not in conflict with the policies of the adopted comprehensive plan; and
WHEREAS, Boundary County Board of County Commissioners has approved a resolution to change the Comprehensive Plan Map land use designation from Agriculture/Forestry to Rural Residential for the subject parcel; and
WHEREAS, the request to amend the official zoning map was approved by the Boundary County Board of Commissioners following the public hearing, as evidenced by the Board of Commissioners’ decision letter dated August 30, 2021.
NOW THEREFORE,
Be it ordained by the Board of County Commissioners of Boundary County, Idaho that the following ordinance is hereby adopted, as follows:
Section 1. Adoption of Ordinance:
The Boundary County Official Zoning Map (Boundary County Zone District Map) is hereby amended to rezone from Agriculture/Forestry to Rural Residential a ±10-acre parcel described as follows: Commencing at the NW corner of Section 35, Township 65 North, Range 2 East, B.M., Boundary County, Idaho; thence east 660’ on the north line of said section to a point; thence south 660’ to the real point of beginning; thence south 660’ to a point; thence east 660’ to a point; thence north 660’ to a point; thence west 660’ to the point of beginning.
Section 2. Severability:
The sections of this ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections.
Section 3. Effective Date:
This ordinance shall be in full force and effect upon the passage and publication of the ordinance or ordinance summary in one (1) issue of the official newspaper for Boundary County, in accordance with the Idaho Code.
This ordinance duly enacted as an ordinance of Boundary County, Idaho on this 14th day of March, 2022, upon the following roll call vote:
ROLL CALL:
Commissioner Dinning s/_________________________________
Commissioner Cossairt s/_________________________________
Commissioner Bertling Absent_____________________________
APPROVAL OF ORDINANCE SUMMARY
Publication of the ordinance by summary in the official newspaper is hereby approved by the Boundary County Commissioners on this 14th day of March, 2022, upon the following roll call vote:
ROLL CALL:
Commissioner Dinning s/_________________________________
Commissioner Cossairt s/_________________________________
Commissioner Bertling Absent_____________________________
ATTEST:
s/ 3-14-22
Glenda Poston Date
Clerk of the Board of County Commissioners
Recorded as instrument #290629
Commissioner Cossairt moved to adopt Ordinance 2022-4. Boundary County Planning & Zoning File #21-193, Alta Forest Products, LLC zone change agriculture/forestry to industrial. Chairman Dinning yielded the chair to second. Commissioners voted as follows: Chairman Dinning “aye” and Commissioner Cossairt “aye”. Motion passed unanimously. Ordinance 2022-4 reads as follows:
BOUNDARY COUNTY, IDAHO
ORDINANCE NO. 2022-4
BOUNDARY COUNTY PLANNING & ZONING FILE #21-193
ALTA FOREST PRODUCTS, LLC ZONE CHANGE
AGRICULTURE/FORESTRY TO INDUSTRIAL
AN ORDINANCE OF BOUNDARY COUNTY, IDAHO, AMENDING THE BOUNDARY COUNTY OFFICIAL ZONING MAP (BOUNDARY COUNTY ZONE DISTRICT MAP) BY REZONING A CERTAIN PARCEL OF LAND FROM AGRICULTURE/FORESTRY TO INDUSTRIAL AND PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, Idaho Code §67-6511 and Boundary County land use codes provide the procedures and authority for the county to amend its zoning map; and
WHEREAS, Alta Forest Products, LLC, submitted an application to amend the Boundary County Official Zoning Map from Agriculture/Forestry to Industrial for a ±16.84-acre parcel known as Tax 76, Assessor’s Parcel RP60N01E064962A, located in Section 6, Township 60 North, Range 1 East, and Section 1, Township 60, Range 1 West, B.M.; and
WHEREAS, Boundary County Planning and Zoning Commission and the Boundary County Board of Commissioners held duly noticed public hearings on September 23, 2021, and November 16, 2021, respectively, at which interested persons had the right to be heard per Idaho Code §65-6509; and
WHEREAS, pursuant to Idaho Code §67-6511 and §67-6509, the request to amend the official zoning map was evaluated to determine the extent and nature of the amendment request with particular consideration given to the effects of delivery of and provisions for public services; and
WHEREAS, as required by Idaho Code §67-6511, the governing board has analyzed the proposed change to the zoning map to ensure that it is not in conflict with the policies of the adopted comprehensive plan; and
WHEREAS, Boundary County Board of County Commissioners has approved a resolution to change the Comprehensive Plan Map land use designation from Agriculture/Forestry to Industrial for the subject parcel; and
WHEREAS, the request to amend the official zoning map was approved by the Boundary County Board of Commissioners following the public hearing, as evidenced by the Board of Commissioners’ decision letter dated December 27, 2021.
NOW THEREFORE,
Be it ordained by the Board of County Commissioners of Boundary County, Idaho that the following ordinance is hereby adopted, as follows:
Section 1. Adoption of Ordinance:
The Boundary County Official Zoning Map (Boundary County Zone District Map) is hereby amended to rezone from Agriculture/Forestry to Industrial a ±16.84-acre parcel known as Tax 76, Assessor’s Parcel RP60N01E064962A, located in Section 6, Township 60 North, Range 1 East, B.M., and Section 1, Township 60, Range 1 West, more fully described as follows:
A tract of land situated in Government Lot 6 and 7 and the East Half of the Southwest Quarter (El/2 SW l/4) of Section 6 Township 60 North, Range 1 East, AND the Northeast Quarter of the Southeast Quarter (NE l/4 SE l/4) of Section 1, Township 60 North, Range 1 West, B.M., Boundary County, Idaho, being a portion of that parcel described in Instrument No. 273883; more particularly described as follows: BEGINNING at the intersection of the centerline of Deep Creek and the west line of said Section 6, which is S 00°34’56” E, 644.05 feet from the West Quarter (W l/4) corner of Section 6; thence, leaving said west line S 77°53’06” E, 20.00 feet to a 5/8″ rebar and plastic cap stamped PLS 3628; thence, continuing S 77°53’06” E, 1194.31 feet to a 5/8″ rebar and plastic cap stamped PLS 3628; thence S 39°35’33” E, 527.78 feet to the intersection with the south line of said NE l/4 SW l/4, which is marked on the ground by a 5/8″ rebar and plastic cap stamped PLS 3628; thence S 07°55’27” E, 21.64 feet; thence S 83°02’04” W, 5.16 feet; thence S 89°36’36” W, 567.34 feet; thence S 89°45’52” W, 664.99 feet; thence N 00°43’53” W, 12.89 feet to the intersection with the south line of said Government Lot 6 which is marked on the ground by a 5/8″ rebar and plastic cap stamped PLS 3628; thence, leaving said south line N 09°32’36” W, 85.65 feet to a 4″ square steel plate on a 1-1/2″ pipe; thence S 89°16’07” W, 256.34 feet to the intersection with the easterly right of way of Deep Creek Loop which is marked on the ground by a 5/8″ rebar and plastic cap stamped PLS 3628; thence, along said right of way N 09°51’15” W, 77.10 feet to the intersection with (the) line between said Sections 1 and 6; thence, continuing along said right of way N 09°51’15” W, 474.15 feet to the centerline of Deep Creek; thence, leaving said right of way and along the centerline of Deep Creek the following Three (3) courses: N 54°44’44” E, 40.72 feet; thence N 48″10’41” E, 38.88 feet; thence N 75°13’58” E, 14.10 feet to the POINT OF BEGINNING, encompassing an area of 16.84 acres, located off Deep Creek Loop Old Highway 95 north of the existing mill operations.
Section 2. Severability:
The sections of this ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections.
Section 3. Effective Date:
This ordinance shall be in full force and effect upon the passage and publication of the ordinance or ordinance summary in one (1) issue of the official newspaper for Boundary County, in accordance with the Idaho Code.
This ordinance duly enacted as an ordinance of Boundary County, Idaho on this 14th day of March, 2022, upon the following roll call vote:
ROLL CALL:
Commissioner Dinning s/________________________________
Commissioner Cossairt s/________________________________
Commissioner Bertling Absent____________________________
APPROVAL OF ORDINANCE SUMMARY
Publication of the ordinance by summary in the official newspaper is hereby approved by the Boundary County Commissioners on this 14th day of March, 2022, upon the following roll call vote:
ROLL CALL:
Commissioner Dinning s/________________________________
Commissioner Cossairt s/________________________________
Commissioner Bertling Absent____________________________
ATTEST:
s/ 3/14/22
Glenda Poston Date
Clerk of the Board of County Commissioners
Recorded as instrument #290631
Commissioner Cossairt moved to adopt Ordinance 2022-5. Boundary County Planning & Zoning File #20-172, LMJPNP, LLC, zone change rural residential to suburban. Chairman Dinning yielded the chair to second. Commissioners voted as follows: Chairman Dinning “aye” and Commissioner Cossairt “aye”. Motion passed unanimously. Ordinance 2022-5 reads as follows:
BOUNDARY COUNTY, IDAHO
ORDINANCE NO. 2022-5
BOUNDARY COUNTY PLANNING & ZONING FILE #20-172
LMJPNP, LLC, ZONE CHANGE
RURAL RESIDENTIAL TO SUBURBAN
AN ORDINANCE OF BOUNDARY COUNTY, IDAHO, AMENDING THE BOUNDARY COUNTY OFFICIAL ZONING MAP (BOUNDARY COUNTY ZONE DISTRICT MAP) BY REZONING A CERTAIN PARCEL OF LAND FROM RURAL RESIDENTIAL TO SUBURBAN AND PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, Idaho Code §67-6511 and Boundary County land use codes provide the procedures and authority for the county to amend its zoning map; and
WHEREAS, LMJPNP, LLC, submitted an application to amend the Boundary County Official Zoning Map from Rural Residential to Suburban for three parcels of land located in Section 15, Township 62 North, Range 1 East, B.M.; and
WHEREAS, Boundary County Planning and Zoning Commission held a duly noticed public hearing February 25, 2021, and the Boundary County Board of Commissioners held duly noticed public hearings on April 20, 2021, and September 7, 2021, at which interested persons had the right to be heard per Idaho Code §65-6509; and
WHEREAS, pursuant to Idaho Code §67-6511 and §67-6509, the request to amend the official zoning map was evaluated to determine the extent and nature of the amendment request with particular consideration given to the effects of delivery of and provisions for public services; and
WHEREAS, as required by Idaho Code §67-6511, the governing board has analyzed the proposed change to the zoning map to ensure that it is not in conflict with the policies of the adopted comprehensive plan; and
WHEREAS, Boundary County Board of County Commissioners has approved a resolution to change the Comprehensive Plan Map land use designation from Rural Residential to Suburban for a portion of the property that is the subject of File #20-172; and
WHEREAS, the request to amend the official zoning map for a portion of the subject property was approved by the Boundary County Board of Commissioners following the public hearings, as evidenced by the Board of Commissioners’ decision letter dated October 18, 2021.
NOW THEREFORE,
Be it ordained by the Board of County Commissioners of Boundary County, Idaho that the following ordinance is hereby adopted, as follows:
Section 1. Adoption of Ordinance:
The Boundary County Official Zoning Map (Boundary County Zone District Map) is hereby amended to rezone from Rural Residential to Suburban a 34.62-acre parcel known as Assessor’s Parcel Number RP62N01E157211A, located north of Bonners Ferry off Homestead Loop in Section 15, Township 62 North, Range 1 East, B.M., and described as: the Northeast Quarter of the Southeast Quarter of Section 15, Township 62 North, Range 1 East, B.M., Boundary County, Idaho, west of the highway and county right-of-way.
Section 2. Severability:
The sections of this ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections.
Section 3. Effective Date:
This ordinance shall be in full force and effect upon the passage and publication of the ordinance or ordinance summary in one (1) issue of the official newspaper for Boundary County, in accordance with the Idaho Code.
This ordinance duly enacted as an ordinance of Boundary County, Idaho on this 14th day of March, 2022, upon the following roll call vote:
ROLL CALL:
Commissioner Dinning s/_________________________________
Commissioner Cossairt s/_________________________________
Commissioner Bertling Absent_____________________________
APPROVAL OF ORDINANCE SUMMARY
Publication of the ordinance by summary in the official newspaper is hereby approved by the Boundary County Commissioners on this 14th day of March, 2022, upon the following roll call vote:
ROLL CALL:
Commissioner Dinning s/_________________________________
Commissioner Cossairt s/_________________________________
Commissioner Bertling Absent_____________________________
ATTEST:
s/ 3/14/22
Glenda Poston Date
Clerk of the Board of County Commissioners
Recorded as instrument #290633
Commissioners recessed for lunch at 11:15 a.m.
1:30 p.m., Commissioners reconvened for the afternoon session with Chairman Dan Dinning, Commissioner Wally Cossairt, Clerk Glenda Poston, and Deputy Clerk Michelle Rohrwasser.
1:30 p.m., Commissioner Cossairt moved to go into executive session pursuant to Idaho Code 74-206(1)a, to consider hiring a public officer, employee, staff member or individual agent; and 74-206(1)b, to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public-school student. Chairman Dinning yielded the chair to second. Commissioners voted as follows: Chairman Dinning “aye” and Commissioner Cossairt “aye”. Motion passed unanimously. The executive session ended at 12:00 p.m. No action was taken.
There being no further business, the meeting adjourned at 12:00 p.m.
s/_______________________________________
DAN R. DINNING, Chairman
ATTEST:
s/_____________________________________
GLENDA POSTON, Clerk
By: Michelle Rohrwasser, Deputy Clerk