COMMISSIONERS MINUTES
JANUARY 26, 2005
The Elmore County Board of Commissioners met in special session at the hour of
7:00 p.m. in the Commissioner’s Room, basement of the Elmore County Courthouse,
150 South 4th East, Mountain Home, Idaho.
Present at the meeting were Chairman Larry Rose and Commissioners Mary Egusquiza
and Connie Cruser. Also present at the meeting were Clerk Gail Best, Prosecutor
Aaron Bazzoli and Vanessa Starr, Court Reporter.
The purpose of the meeting was to re-hear testimony on an appeal of a Planning
and Zoning Commission decision on an application from Weitz and Company for a
Zoning change application in a Light Industrial Zone to a Residential Mixed. The
site is located in a portion of the East Half of Section 22, Township 3 South,
Range 6 East, B.M. A more common means of locating the site is from the
intersection of Elmcrest and Air Base Road, north on Elmcrest approximately one
half mile. Property is located on the west side, approximately 228 acres.
Representing Weitz and Company were: Greg Sabala, 1735 E. Mary Lane, Meridian,
83642, Greg Embry, 251 E. Front Street, Boise, Idaho 83701, Lee Schrack, 6202 N.
Cape Arago, Idaho, 83714, and John Carpenter, 104 9th Avenue South, Idaho.
Greg Embry began by stating it is the parties understanding that the rehearing
will be starting off with the old record and the material this evening will
simply be an addition to that record.
Prosecutor Bazzoli asked if Mr. Embry is reaffirming the previous record? Mr.
Embry stated he was.
Mr. Embry stated that after the last hearing Weitz and Company asked for
mediation with a Petition for Judicial review. The Judge vacated the Stipulation
and Order due to the record being non-transcribable. There was two primary
reasons the Petition was filed:
(1) The role of the Mountain Home Comprehensive Plan - the project is in the
Mountain Home Area of Impact.
Mr. Embry said comprehensive plans can be a struggle, and a balance must be
struck between the government bodies making planning decisions using the
planning tool (comp plan) and private property rights. Mr. Embry added that a
comp plan cannot be elevated to the level of a statute.
(2) Regulatory takings analysis - If a governing board takes away all viable
uses for the owner’s property then regulatory takings comes into place.
Weitz and Company has two options for his property.
(a) Rezone
(b) Have an appraiser appraise it, and the governing entity pay Weitz and
Company for it.
John Carpenter of Land Mark Engineering and Planning, Inc., gave the Board a
booklet for White Sage Estates. Mr. Carpenter said the comp plan should be used
as a guide only and most are updated every few years. Mr. Carpenter said that
Elmore County is growing and expected to keep growing, from 2005 through 2020
Elmore County could get an additional 13,000 people in the County. Weitz and
Company would like to do a nice mixed area, and they have the perfect spot for a
subdivision that is adjacent to other neighborhoods. It will not take
agricultural ground out of production. Mr. Carpenter said they would be
providing a water and sewer system to City standards with a maintenance system
on the site. A nice mixed area of single family dwellings, four plexs and some
commercial business would be ideal on the site and a real benefit to Elmore
County, providing a nice tax base as well. Mr. Carpenter stated the fiscal
impact could be found on page 69.
Commissioner Cruser asked what type of business did he think might be there? Mr.
Carpenter stated a variety, for example day care, engineering and other office
buildings in general - there could be endless possibilities to serve that
neighborhood area.
Lee Schrack stated if you want to look long range, there are numerous ways to
develop and they feel strongly that this development would be an asset to Elmore
County. Mr. Schrack stated he didn’t think their development would be
responsible for an influx to Elmore County but he is certain the population is
going to steadily grow by 12% annually as it has in recent years. Mr. Schrack
stated why not give these people a nice place to live and increase the tax base
for the County?
Greg Sabala stated he was a casualty of Elmore County, his parents had to leave
here because his parents had to make a living. Mr. Sabala stated Mountain Home
needs jobs, which this project would bring to the area. Westside Development
wants to do a quality project, the subdivision would have berms and be pleasing
to the eye. A subdivision where people could feel proud to live in. Mr. Sabala
asked the Board to tell him why they would favor the area to be industrial?
Commissioner Egusquiza stated because the railroad is so close. Mr. Sabala asked
what about the neighborhoods that have been recently built there, and whether
they want to be close to an industrial area?
Commissioner Cruser asked who asked for the zoning change from agriculture to
industrial? John Carpenter replied it was the City of Mountain Home when they
zoned the City.
Commissioner Egusquiza asked why Mr. Weitz did not protest the change. Greg
Embry stated Mr. Weitz did oppose the zoning going to industrial.
Prosecutor Bazzoli asked if Weitz and Company was aware that residential is a
use on the list of items that can be done in a light industrial area?
The importance of the area of City impact was discussed. Commissioner Egusquiza
stated that the Board did not wish to overburden the City.
Chairman Rose stated they had hoped that the City of Mountain Home would be at
this meeting to discuss this matter at the hearing, and they had been notified
several times.
There was discussion on whether to leave the record open to allow time to talk
with the City. The Board decided not to do so. A decision on the project will be
made on February 28, 2005 at 3:00 p.m.
Motion by Rose, second by Egusquiza to close the hearing on Weitz affirming that
no verbal or written testimony will be accepted by the Board.
ROSE - AYE
EGUSQUIZA - AYE
CRUSER - AYE Motion carried and so ordered.
/S/ LARRY E. ROSE, Chairman
ATTEST: /S/ GAIL L. BEST, Clerk
