Planning and Zoning – March 28, 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 Purdom moved, and Commissioner Cranor second the motion, to approve the February 22, 2024, minutes as written. The Chair declared the motion approved on a unanimous voice vote.

Commissioner Hollabaugh entered the meeting at 5:33 p.m.

Public Testimony: John Poland provided comment on the enforcement code update being tabled for a decision by the Boundary County Board of Commissioners at their March 11 th meeting.

Public Hearing: FILE #24-0050, VARIANCE, ADINA & LYNN FELDMANN are requesting a lot size minimum variance on a 10.1-acre parcel in the Ag/Forestry zone to allow for a 9.76-acre parcel, where 10 acres is required, to create an exempt 0.34-acre public utility facility parcel for the Cabinet Mountains Water District. The parcel is located off Diamond Road and is identified as Assessor’s Parcel RP61N01E235250A in Section 23, Township 61 North, Range 1 East, B.M

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

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

Applicant Presentation: None.

Public Testimony: Jeremy Davy for the Cabinet Mountains Water District (in favor) provided public testimony regarding the existing infrastructure and need for the variance.

Applicant Rebuttal: None.

Deliberation/Discussion: The Chair closed the public hearing, and the Commission began deliberations. The Commission discussed amending condition #2 to remove the language of a land division. Ms. Marley read the amended language out loud for the Commission.

MOTION: Commissioner Self moved, and Commissioner Purdom seconded the motion, to approve the request for a lot/parcel size minimum variance to allow for a future land division to create a 0.34-acre exempt public utilities facility parcel and a 9.76-acre remainder parcel, File 24-0050, finding that the proposal IS in accord with the comprehensive plan and the criteria of Section 12 of the Boundary County Land Use Ordinance, based upon the findings, conclusions, and conditions as amended to amend Condition #2 as read into the record by planning staff. 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 #24-0051, CONDITIONAL USE PERMIT, KOVERAGE CONTRACTORS, LLC is requesting a conditional use permit for commercial uses with primary structures exceeding 15,000 square feet on an 18.83-acre parcel in the Commercial/Light Industrial zone. Uses include storage unit buildings along with an office, retail stores, storage shops, and a lumber storage building. Currently, the office, one store with an attached shop, lumber storage building, and seven storage unit buildings exist. Additional buildings are proposed and include a second store, three storage shops, and six storage unit buildings. The parcel is located at 65126 Highway 2 and is identified as Assessor’s Parcel RP62N01E133000A 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: Ms. Vogel summarized the hearing procedures and provided an overview of the proposal.

Applicant Presentation: None.

Public Testimony: Ivan Wedel (neutral), Philip Sweet (opposed), and Michelle Sweet (opposed) provided public comment regarding on-site infrastructure, traffic, and on-site material containment.

Applicant Rebuttal: Keith Mellinger (applicant) and Jeff Mellinger (representative) provided closing statements regarding public comments, on-site infrastructure, and requesting the days and hours of operation be amended to 7:00am-5:30pm, Monday-Saturday.

Deliberation/Discussion: The Chair closed the public hearing, and the Commission began deliberations. Planning staff reviewed Section 7 standards with the Commission, who then discussed concerns of snow buildup around structures, needing to amend the days and hours of operation for Koverage Building Supply, standards for commercial lighting, and the need for approvals from the Idaho Transportation Department, Boundary County Airport, and Federal Aviation Administration.

MOTION: Commissioner Purdom moved, and Commissioner Cranor seconded the motion, to approve the conditional use permit for the commercial uses with primary structures exceeding 15,000 square feet, File #24-0051, 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 amend Finding #16 to The Koverage Building Supply days and hours of operation are 7:00am-5:30pm, Monday-Saturday; amend Condition #8(a) to Days and hours of operation shall be 7:00am-5:30pm, Monday-Saturday; and remove Condition #8(b). This action does not result in a taking of private property. A roll call vote was taken with Commissioners Purdom, Self, Cranor, and Hollabaugh voting for approval and Commissioners Isaac, Benage, and Fuller voting for denial. The Chair did not vote.

The Chair declared the motion approved on a 4-3 roll call vote.

Updates & Announcements: Ms. Vogel provided a list of files scheduled for the April 2024 meeting. Ms. Marley gave legislative updates on changes for annexations, areas of city impact, and material changes. Ms. Marley also provided an overview of the status of the enforcement code update. Mr. Jones was introduced to the Commission. The Commission requested to have a workshop with County Commissioners.

Adjournment: The Chair declared the meeting adjourned at 7:35 p.m.