Planning and Zoning – July 25, 2024

Meeting Minutes

P&Z Members in attendance:

☒ Caleb Davis, Chair      ☐ Wade Purdom, Co-Chair      ☐ David Hollabaugh      ☒ John Cranor
☒ Rob Woywod                 ☐ Scott Fuller                                    ☒ Bill Benage
☒ Adam Isaac                     ☒ Ron Self

Chair Davis called the meeting to order at 5.30 p.m. Roll call: Commission members present are noted with an “X” in the boxes above. Also in attendance: Acting Zoning Administrator Clare Marley, Associate Planner Tess Vogel, Planning & Zoning Administrator Ben Jones and members of the public.

Consent Agenda: Commissioner Self moved, and Commissioner Cranor second the motion, to approve the June 27, 2024, minutes as written. The Chair declared the motion approved on a unanimous voice vote.

Public Hearing (Continuation): FILE #24-0076, CONDITIONAL USE PERMIT, MAVERICK, LLC, a continuation of the public hearing from the May 23, 2024, Planning & Zoning Commission meeting to consider a modification to the conditional use permit for Panhandle Door & Drawer, located at 168 Pot Hole Road in Section 29, Township 61 North, Range 1 East. This file was continued from the June 27, 2024, Planning & Zoning Commission hearing to allow for more information to be provided on proposed fencing and specific locations of the fencing on the site plan, average vehicle trips, widening of Pot Hole Road, and access information from Idaho Transportation Department.

Legal & Disclosures: The Chair read the legal notice and called for disclosures. No disclosures were made.

Staff Presentation: Ms. Marley explained the hearing procedures, and Ms. Vogel provided an overview of the proposal.

Applicant Presentation: Applicant Nelson Mast presented the requested new evidence gathered for the purpose of the continuation and stated his willingness to plow snow and had no objections to widening Pot Hole Road and improving Maverick Lane. Mr. Mast answered questions from the Planning & Zoning Commission.

Public Testimony: Don Jordan, Brian Brinley, David Dewberry, Jeff Steinborn, Kelli Martin, and Emma Dominguez spoke in opposition to the proposal. Their concerns were regarding a blind spot on Maverick Lane, claims of misrepresented details in a conversation with the applicant, topographical challenges to widening Pot Hole Road, impacts on neighboring properties, and the Applicant’s buildings being too high for a fence to mitigate neighbors’ views. Mr. Steinborn submitted Exhibit A, a photo of the berm on Maverick Lane, Ms. Martin submitted Exhibit B, a photo of side dumpster trucks using Pot Hole Road, and Ms. Dominguez submitted Exhibit C, a photo of a truck blocking a driveway entrance.

Applicant Rebuttal: Applicant Mr. Mast described the logistics of widening the road with the newly presented concerns.

Deliberation/Discussion: The Chair closed the public hearing, and the Commission began deliberations. The Commission voiced concerns over lack of jurisdiction to address fire, environmental, and highway complaints, lack of documents, burden of proof, and ability to uphold decisions in a court of law.

Motion: Commissioner Self moved, and Commissioner Woywod seconded the motion, to approve the conditional use permit for the modification of CUP #05-07 for a manufacturing business exceeding 8,000 square feet, File #24-0076, finding that the proposal IS in accord with the standards of Idaho Code and Section 7 of the Boundary County Zoning & Subdivision Ordinance, based upon the findings, conclusions and conditions as amended to add findings and conclusions 19-22 (as written in the staff report continuation), amend findings 2.e and 14 to 200 vehicle trips per day, amend condition 6.e to 200 vehicle trips, and add conditions 13 (as written in the staff report continuation) 14 (as written in the staff report continuation and adding a requirement to survey Pot Hole Road) and 15 (as written in the staff report continuation). This action does not result in a taking of private property.

The Chair declared the motion approved on a unanimous voice vote.

Chair Davis declared a recess at 6:50 p.m. Proceedings resumed at 6:58 p.m.

Public Hearing: FILE #24-0059, CONDITIONAL USE PERMIT, TFES 1124 is requesting a conditional use permit approval to allow for a stand-alone RV park for monthly minimum rental periods to include RV pads, a pavilion, office with a caretaker’s residence, commercial sign, and pickleball court on a 1.6-acre lot in the Commercial/Light industrial zone. The subject property is lot 4, block 2 of Northland Woods 1st addition, located off Tobe Way and identified as Assessor’s parcel RP00390002004A, in Section 14, Township 62 North, Range 1 East, B.M. This file was originally scheduled for the June 27, 2024 Planning and Zoning Commission public hearing but was rescheduled due to a change in the proposed use.

Staff Presentation: Ms. Marley explained the hearing procedures and Ms. Vogel provided an overview of the proposal.

Applicant Presentation: Applicant Munro Murdock introduced Exhibit A, the updated site plan that allowed more room for septic area and reduced the number of RV stalls to 15. He discussed the reasons for his timeline in the permitting process and benefits provided by the project. Mr. Murdoch also answered questions from the Planning & Zoning Commission.

Public Testimony: Casey West spoke in favor of the proposal, noting that there is a need for long-term rentals in the County and it fits in with the existing uses of the area. Jason Peppin from Panhandle Health District spoke neutrally on the proposal, providing an overview of the work done so far with septic permitting for the site.

Applicant Rebuttal: Mr. Murdock explained the work that has been done with Panhandle Health District and challenges that have occurred.

Deliberation/Discussion: The Chair closed the public hearing, and the Commission began deliberations. The Commission noted that the use was a good fit for the area.

Motion: Commissioner Isaac moved, and Commissioner Woywod seconded the motion, to approve the conditional use permit to allow a recreational commercial and recreational hospitality use for a stand-alone, 20-unit RV park and associated amenities and uses as shown in File #24-0059, finding that the proposal IS in accord with the standards of Idaho Code and Section 7 of the Boundary County Zoning & Subdivision Ordinance, based upon the findings, conclusions and conditions as amended to removed finding 11 regarding hours of operation. This action does not result in a taking of private property.

The Chair declared the motion approved on a unanimous voice vote.

Decision to cancel August regular meeting:
Commissioner Self moved, and Commissioner Cranor seconded the motion, to cancel the August 22, 2024, regular Planning & Zoning Commission meeting due to no files or workshops being scheduled.

The chair declared the motion approved on a unanimous voice vote.

Updates & Announcements:

Ms. Vogel asked the Commission if they would like to have a workshop at the September meeting, and the Commission agreed that a workshop would be beneficial to have one in September and would like to cover previously discussed topics.

Adjournment: The Chair declared the meeting adjourned at 7:50 p.m.