COMMISSIONERS
MINUTES JUNE 21, 2004
The Elmore County Commissioners met in special session on the above date in the
Commissioner’s Room, basement of the Elmore County Courthouse, 150 South 4th
East, Mountain Home, Idaho.
Present at the meeting were Chairperson Mary Egusquiza-Stanek, Commissioners
Larry Rose and Calvin Ireland. Also present was Deputy Clerk Barbara Steele.
The purpose of this special session was to make a decision on the public hearing
held on June 17, 2004 regarding a Planning and Zoning decision to approve an
application from Calmer and Enide Johnson for a Conditional Use Permit for a 3
Lot Letter of Information Subdivision in an Agriculture A Zone. The appeal was
filed by Brent and Robin Morton.
There was an issue regarding one of the adjacent property owners. Dawn Jarrels
stated she did not receive a notice of the public hearing for June 17, 2004. The
County’s records show a notice was mailed to her. Commissioner Rose checked with
our Prosecutor, Aaron Bazzoli and he told Commissioner Rose that we had followed
our requirements as set forth in the appeals process. She has the right to file
a letter of objection to the Board of Commissioners is she so desires.
Discussion on the issue began with Smith’s Road. Commissioner Rose asked if it
was a through road. Commissioner Ireland stated it narrowed down.
Commissioner Ireland then suggested we review the factors, general standards
applicable to all conditional uses from the County’s Planning and Zoning
Ordinance Section C.14-1.
The first standard is: Will, in fact constitute a conditional use as determined
by the Official Schedule of District Regulations for the Zoning District
involved.
Commissioner Ireland stated he felt that yes it would be a conditional use as
the property is Agricultural A Zoned.
The second standard is: Will be in harmony with and in accordance with the
Comprehensive Plan and this Ordinance.
Chairperson Egusquiza-Stanek asked what exactly does our ordinance say?
Commissioner Ireland responded that this property did fall within the Area of
City Impact and very near to the city sewer line. It is not scheduled to hook on
to the city sewer line at this point. Commissioner Rose stated the Planning and
Zoning Commission findings of facts on their hearing states the existing land
uses in the immediate area of the property in question are residential and
agricultural. Chairperson Egusquiza-Stanek stated she felt it was in harmony
with the current land use.
The third standard is: Will be designed, constructed, operated, and maintained
in such a way as to be harmonious and appropriate in appearance with the
existing or intended character of the general vicinity; and that such use will
not change the essential character of said area;
Commissioner Ireland stated that obviously building houses in a small field will
change the appearance but if you stood on the property and looked in any
direction you would see houses. That general area is 3 to 5 acres parcels for
the most part. The Commissioners agreed it met that standard.
The fourth standard is: Will not be hazardous or disturbing to existing or
future neighboring uses;
Chairperson Egusquiza-Stanek stated that they had received testimony on the
water and sewer. She stated the Commissioners don’t control the water or sewer.
Commissioner Rose stated we didn’t control water, sewer, or access uses.
Commissioner Ireland stated they could mitigate the issues that would be
disturbing, and apply conditions. Such as dust control, possibly speed limits.
Discussion followed and it being a private road there would be no way to police
a speed limit on it. Carl Phares from the Highway District submitted a letter to
the Planning and Zoning Commission for their hearing stating they did not
maintain the road and it was a private road. A letter from the City shows that
the intent of this road is it will connect to Smith’s road which crosses Bruneau
Highway some time in the future.
The fifth standard is: Will be served adequately by available public facilities
and services such as highways, streets, police and fire protection, drainage
structures, refuse disposal, water, sewer, or that the person responsible for
the establishment of the proposed conditional use shall be able to provide
adequately any such services;
Commissioner Ireland stated that services would be served adequately. The
Commissioners agreed.
The Sixth standard is: Will not create excessive additional requirements at
public cost for public facilities and services and will not be detrimental to
the economic welfare of the County;
The consensus was that it would not be detrimental to the economic welfare of
the County.
The Seventh standard is: Will not involve uses, activities, processes,
materials, equipment, and conditions of operation that will be detrimental to
any persons, property or the general welfare by reason of excessive production
of traffic, noise, smoke, fumes, glares or odors:
The Commissioners agreed that if it was going to be a business or club than that
would be excessive. But the requested use would not be.
The Eighth standard is: Will have vehicular approaches to property which shall
be so designed as not to create an interference with traffic on surrounding
public or private roadways;
Commissioner Ireland asked if there was a stop sign? The reply was no. The
Commissioners discussed requiring a stop sign where the road enters Daniels
Road.
The Ninth standard is: Will not result in the destruction, loss or damage of a
natural or scenic feature of major importance.
The Commissioners discussed blocking scenic views of existing houses. Usually
subdivisions have covenants and restrictions that address this issue. Every
building located in the County could have a some sort of a blocked view issue.
The Eighth standard was revisited regarding the road, having potholes in it and
the dust. The lot size was discussed. If this is allowed then dust control
should be required. The water was also discussed. The irrigated water use will
not be affected. Commissioner Ireland stated that just by splitting up the land
doesn’t mean the water use will change. There is a homeowners association that
has been formed regarding the irrigation water. The health district has approved
the property for septic systems and the individual wells. The property is not
located in the critical ground area, but located in a water management area
(Basin 61). That does not mean there is not a decline in the water tables,
however Water Resources are the water people and are the ones that approve the
wells. Fruitdale Subdivision where several of the people who gave testimony at
the Planning and Zoning hearing live, has 2.6 acre average lot sizes, which is
comparable to the request from Mr. Johnson on his lot split.
Discussion followed on the speed limit issue. Enforcing a speed limit was the
question. Requiring a speed limit would limit use of private property, and it
would not be enforceable.
Chairperson Egusquiza-Stanek reviewed all the standards and the Commissioners
are in agreement with number 1, 2, 3, 4 (was questionable), 5, 6, 7, 8 , & 9.
Number 4 was the dust from the private road and speed limit issue.
The irrigation district and homeowner’s association regarding irrigation was
discussed again.
The objections that have been raised at the public hearing are objections that
the Commissioners have no control over. Other agencies are involved who make the
decisions.
Motion by Rose, second by Ireland, to uphold Planning and Zoning’s decision,
with their conditions, to approve an application from Calmer and Enide Johnson
for a Conditional Use Permit for a 3-Lot Letter of Information Subdivision in an
Agricultural A Zone with the following conditions: (1. Dust abatement on the
private road from Daniel’s Road to Mr. Johnson’s west most driveway (2. A stop
sign on Smith’s Road coming onto Daniels Road to be installed. Discussion
followed and Commissioner Ireland urged Mr. Johnson to become involved in a
neighborhood road repair or road upgrade effort.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
Motion by Ireland, second by Egusquiza-Stanek to adjourn the special session.
EGUSQUIZA-STANEK - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
/S/ MARY EGUSQUIZA-STANEK, Chairperson
ATTEST: /S/ GAIL L. BEST, Clerk
