Planning and Zoning – November 30, 2023

Meeting Date: November 30, 2023 5:30 pm

Minutes

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 (via phone)

Chair Davis called the meeting to order at 5:38 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 Contract Planner Tessa Vogel, and members of the public.

Consent Agenda: Commissioner Cranor moved, and Commissioner Fuller seconded the motion, to approve the October 26, 2023, minutes. The Chair declared the motion approved on a unanimous voice vote.

Consent Agenda: Commissioner Cranor moved, and Commissioner Purdom seconded the motion, to approve the 2024 P&Z Commission calendar. The Chair declared the motion approved on a unanimous voice vote.

Public Hearing: FILE 23-0175, CONDITIONAL USE PERMIT, UNIVERSAL STORAGE, LLC is requesting a conditional use permit to allow for eight, 6,900 square foot mini-storage structures containing a total of 50 storage units on a 4.95-acre parcel. The site is zoned Commercial/Light-Industrial and is located within the Boundary County Airport Overlay Area at 72 Tonka Way. The site is identified as Assessor’s Parcel Number RP62N01E133150A in Section 13, Township 62 North, Range 1 East, B.M.

  • Legal & Disclosures: The Chair read the legal notice and called for disclosures. No disclosures were made.
  • Staff Presentation: Associate Planner Vogel summarized the hearing procedures and provided an overview of the proposed conditional use permit.
  • Applicant Presentation: Project Representative Austin Hittle stated the mini storage structures will be built as needed and that all eight structures may never be built if there is not a demand for that many storage units.
  • Public Testimony: None.
  • Applicant Rebuttal: None.
  • Deliberation/Discussion: The Commission noted there seems to be no issues with the proposal as the use is similar to uses in the vicinity of the site.
  • MOTION: Commissioner Purdom moved, and Commissioner Woywod seconded the motion, to approve the conditional use permit File #23-0175 for eight, 6,900 square foot mini storage structures containing a total of 50 storage units, 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 written and declared this action does not result in a taking of private property. The Chair declared the motion approved on a unanimous voice vote.

Public Hearing: FILE 24-0007, CONDITIONAL USE PERMIT, BOULDER CREEK IDAHO PROPERTY, LLC, is requesting a conditional use permit to allow for a school, staff housing, and educational programs and activities for the proposed North Idaho Classical Academy. The proposed public charter school would serve up to 390 students and 60 employees daily to include residential housing for staff on the lower campus. The upper campus would be used as a retreat for hosting educational, recreational, and training events and activities, with short- and long-term housing with camping and RV facilities, including school staff housing. All uses will occur on six parcels totaling 119 ½ acres on the former Boulder Creek Academy site. The site is zoned Ag/Forestry and located at multiple addresses off Voyageur Lane, Emerson Lane, Mares Loop, and Denali Lane. The site is identified as Assessor’s Parcels RP61N02E055562A, RP61N02E054900A, RP61N02E055000A, RP61N02E055220A, RP61N02E054801A, and RP61N02E057801A in Section 5, Township 61 North, Range 2 East, B.M.

  • Legal & Disclosures: The Chair read the legal notice and called for disclosures. The Chair disclosed that he took a tour of the site outside of his position on the P&Z Commission prior to knowing of an application submittal for a conditional use permit and noted that he has no bias or formed any decisions on the file. Ms. Marley disclosed that Ruen-Yeager & Associates, Inc. (RYA) is providing limited engineering services regarding existing services for Boulder Creek Idaho Property, LLC and North Idaho Classical Academy and noted that the Boundary County Board of Commissioners have been notified and provided their consent to have RYA continue planning services for the county on the file.
  • Staff Presentation: Ms. Vogel summarized the hearing procedures and provided an overview of the proposed conditional use permit with additional conditions that were added after the completion of the staff report due to conversations with the Boundary County Road & Bridge Department. Renee Nelson, Boundary County Road & Bridge Department Co-Supervisor, provided to the Commission her agency comments and recommended conditions.
  • Applicant Presentation: Project Representatives for the North Idaho Classical Academy (lower campus) Jacob Francom and Stephen Lambert provided an overview of the school proposal and North Idaho Classical Academy. Project representative for Boulder Creek Ranch (upper campus) Adam Ware provided an overview of the existing and proposed uses for the campus. All representatives answered questions from the P&Z Commission.
  • Public Testimony: Public testimony neutral to project was given by Kathryn Kolberg, Environmental Health Program Manager for Panhandle Health District I, provided historical information on the sewage disposal systems on site and recommendations for moving forward with updates to the site for the proposed uses. Jesse Stafford stated that more of the public should have been notified beyond the 300-foot radius and voiced concerns over the impact of the proposal on the local roads.
  • Applicant Rebuttal: Representatives Mr. Francom and Mr. Lambert addressed the travel impact questions and explained the use of the proposed bus system. Representative Mr. Ware addressed the sewage disposal work comments from Ms. Kolberg.
  • Deliberation/Discussion: The Commission discussed the proposal and additional conditions from planning staff and the Boundary County Road & Bridge Department. The Commission requested conditions #10 and #11 be revised and new conditions for Road and Bridge permitting be drafted to address testimony.
  • Recess: The Chair called for a 5-minute recess while the planning staff independently assembled the testimony and drafted suggested conditions for review.
  • Hearing resumed: The Chair reopened the hearing and requested staff read into the record the suggested amendments to the conditions, as they had drafted.
  • MOTION: Commissioner Purdom moved, and Commissioner Woywod seconded the motion, to approve the conditional use permit File #24-0007 for the proposed North Idaho Classical Academy, with a lower campus comprised of a public school and employee housing, and an upper campus comprised of a retreat, short- and long-term housing, and recreational camping and RV facilities, 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 accept conditions #10, through #15 as read into the record by Ms. Marley and declared this action does not result in a taking of private property. The Chair declared the motion approved on a unanimous voice vote of those present. (Commissioner Self had to leave the meeting prior to the motion.)

Condition #10: Prior to occupancy and operation of the new uses and school, the applicant shall obtain proof of approval for water and sewer services from the Panhandle Health District and/or the Idaho Department of Environmental Quality and shall provide proof of the approvals to the Boundary County Planning & Zoning Department.

Condition #11: Sign placement shall meet the minimum standards of Section 10.3.3. of Boundary County land use law. Sign placement shall be in accord with the minimum sight triangle standards of Boundary County Road & Bridge standards.

Condition #12: Any operation of the North Idaho Classical Academy and/or Boulder Creek Ranch shall not occur without proper permitting, including but not limited to this conditional use permit, placement permits, and/or land adjustment or division permits, or violations shall occur.

Condition #13: The applicant shall obtain approval from the Boundary County Road & Bridge Department for all road names, whether for new roads or proposed road name changes.

Condition #14: All approaches from the site to the county road system shall meet the minimum Boundary County road encroachment standards prior to use, to the satisfaction of Boundary County Road & Bridge. The applicant shall submit encroachment permits and receive approval from Boundary County Road & Bridge for any changes or improvements to the approaches to the Boundary County road system prior to use.

Condition #15: The applicant shall improve the approaches to the Cow Creek public right-of-way at Constitutional Drive and Emerson Lane to accommodate bus and RV access, to the satisfaction of Boundary County Road & Bridge prior to use. The improvements shall include widening and paving both approaches at the said intersections to county standards. Pavement shall extend from the county improved road surface to the edge of the right-of-way line, to the width and radius determined by the county permit.

Public Workshop: Ms. Marley presented an updated draft of the text amendment related to the enforcement code. The Commission agreed to have the file scheduled to public hearing on January 25, 2024. Recommendations for P&Z appointments: Ms. Marley advised that Planning and Zoning Commission Members John Cranor and Scott Fuller have terms expiring January 1, 2024. Both are interested in being reappointed. Boundary County placed two display ads in the Bonners Ferry Herald on October 26th and November 2nd , but no one submitted letters of interest. The P&Z is required by local codes to forward their recommendation for appointments to the Board of County Commissioners.

Motion: Commissioner Woywod moved, and Commissioner Purdom seconded the motion, to recommended that Commissioners Fuller and Cranor be re-appointed to the Planning and Zoning Commission. The Chair declared the motion approved on a unanimous voice vote of those present.

Updates: Ms. Vogel provided an update on files heard by the Board of County Commissioners at the November 7, 2023, public meeting and items scheduled for the January 2024, P&Z Commission public meeting and the January 09, 2024, Board of County Commissioners’ public hearing.

Adjournment: Commissioner Woywod moved, and Commissioner Purdom seconded the motion, to adjourn the meeting. The Chair declared the motion approved on a unanimous voice vote at 8:09 p.m.