COMMISSIONERS MINUTES                                 October 24, 2007

The Elmore County Commissioner’s met in special session on the above date in the main courtroom of the Elmore County Courthouse, 150 South 4th East, Mountain Home, Idaho.

Present at the meeting were Chairman Larry Rose, Commissioners Connie Cruser and Arlie Shaw. Also present were the Clerk, Marsa Grimmett and Prosecutor, Kristina Schindele.

The meeting was opened by Commissioner Rose reading the Notice of Public Hearing into the record.

NOTICE IS HEREBY GIVEN that on Wednesday, October 24, 2007 at the hour of 6:00 p.m. in the Upstairs Courtroom, Elmore County Courthouse, 150 South 4th East, Mountain Home, Idaho, a public hearing will be held to hear public comment on a request to modify the Elmore County Planning and Zoning Ordinance regarding an application from Jay Brown for a Zoning Designation change from Air Installation Compatibility Use Zone (AIC) to Agriculture A. Property is located in the Northeast Quarter and the North Half of the Southeast Quarter and the North Half of the North Half of the South Half of the Southeast Quarter of Section 24, Township 4 South, Range 5 East, B.M. A more common means of locating this site is from Highway 51 (Bruneau Highway) and Old Grandview Highway, proceed west on Old Grandview Highway approximately 4 miles to SE Division Road. Turn south on SW Division Road, proceed ½ of a mile. Property located on the west side, and fronts on SW Division Road for the next 4,290 feet or just over ¾ of a mile.

Chairman Rose then stated if anyone had written testimony to hand it in or sign up to speak.

Stephanie J. Bonney, 1405 E. Oakridge Drive, Boise, Idaho, representative (Attorney) for Jay Brown, began with an overview of why this hearing was being held. She stated she sent over a letter on October 22, 2007 outlining the main points of their request today. She then stated they were here due to an honest mistake that the Planning and Zoning staff had made regarding the regulations of this property. The property was divided and Mr. Brown was assured he could have single family homes on the lots. There are 40 acres lots, with one 20 acre lot and one 60 acre lot. After the lots were divided the lots were tested for residential septic tanks as instructed by the Planning and Zoning Department. The Planning and Zoning Department then discovered the property was in the Airport Hazard Zone with a density of 1 house per 320 acres. At this point, the lots had been split and Mr. Brown had sold one of the lots for residential use. Mr. Brown received a vague letter stating the discovery. Mr. Brown then hired Ms. Bonney. Mr. Brown is asking to rezone the property from an Airport Hazard Zone to an Agricultural Zone. Ms. Bonney stated this property is at the edge of the Airport Hazard Zone. Ms. Bonney stated they are asking to do single family homes on very large lots. She stated that the Air Base testified at the Planning and Zoning public hearing they are concerned, however there was no testimony on how single family homes would impede the Air Base. She stated the worry was that a precedent would be set if this rezoning was allowed. Legally the County can rezone the property and it does not set any legal precedent in this particular hazard zone. She stated they wouldn’t be here if they had been told in the beginning the property could not have been split.

Ms. Bonney stated that Mr. Brown is prepared to put verbage on the deeds stating the property is in the vicinity of an Air Base and the purchaser cannot do anything to impede on the Air Base. She stated Mr. Brown recognizes the importance of the Air Base. Ms. Bonney went on to review other court cases regarding land use issues. She asked that the Commissioners approve the rezone because of the special circumstances.

Bill Richey, 1771 SE Hamilton Road, Mountain Home, Special Assistant for Military Affairs, stated he is opposed to the rezoning of the property in question. The State of Idaho has been awarded a grant from the Department of Defense, Office of Economic Adjustment, for a joint land use compatibility study and he recommends that the study be taken place and a moratorium be placed on the Airport Compatibility Zone until the study is done. The County’s Ordinance was set up to place a buffer around the Air Force Base. Mr. Richey stated the request to rezone this property to Agriculture would allow many uses of this land. He also stated Mountain Home Air Force Base is the number two employer in the State of Idaho and that needs to be taken into consideration.

Colonel Thomas M. Laffey, Missions Support Group Commander of Mountain Home Air Force Base, spoke next. He emphasized to the Commissioners a statement he made in his letter of August 1st, 2007. He read “We support the housing goals and objectives in the Elmore County Comprehensive Growth and Development Plan which state ‘Support new housing development near, adjacent to or within Areas of Impact and is located in productive or prime agricultural areas’.” He stated that speaks volumes of what Mr. Richey stated, the forefathers of the County were very smart, they sat down with Community leaders and Military leaders of the base and asked what was important to maintain the interests of Elmore County, the interests of Mountain and maintain the military interest of the Air Base so both could co-exist equally and productively. Col. Laffey stated his last job was working for the Secretary of the Air Force and the Chief of Staff of the Air Force on the BRAC (Base Realignment and Closure Commission) in which he drafted all the Air Force BRAC recommendations. The top criteria by which they judged which bases were to be closed was encroachment. Another top criteria was how much available un-encroached air space there was. He complimented the County on the planning that has taken place regarding encroachment. He then showed the Commissioners a map showing the Airport Hazard Zone along with a map showing the flight pattern around the Air Base.

Roger Fogleman, 3205 SW Smith Road, Mountain Home, Idaho, President of the Air Force Association Idaho Chapter and President of the Military Officers Association of America, Mountain Home Chapter . These are two national professional military organizations that have a strong presence on Capital Hill. Mr. Fogleman spoke in opposition to the rezone request and gave monetary figures of the economic impact that Mountain Home Air Force Base has in Mountain Home and Idaho. He asked that Elmore County work to protect the Air Base from encroachment.

Elaine Isaac, 1490 Centennial, Mountain Home, Idaho, Chairman, Military Affairs Committee, spoke in opposition of the rezone request. She submitted a letter stating the Military Affairs Committee and the Mountain Home Chamber strongly opposes any changes to the Elmore County’s Air Base Hazard Zone Area that would lessen the protection of Mountain Home Air Force Base.

Stephanie J. Bonney, Representative for Jay Brown, came forward to rebut any testimony given. Ms. Bonney stated the testimony was about the importance of the Air Base and the importance of the County to protect the Air Base from encroachment. No speaker spoke to what the solution should be. The Planning and Zoning Commission stated they didn’t know how this happened, a mistake was made and they didn’t know how to fix it. Ms. Bonney stated they had presented a solution to the County. No groups offered to reimburse the County for inverse condemnation which is what the situation will be. No one has offered to buy the property. This is a particular special situation that no one else has addressed other than we don’t like encroachment. She does not believe that allowing a these residential lots will single handedly be responsible for shutting down Mountain Home Air Force Base. Ms. Bonney stated in this particular instance the best solution for the County is to rezone this property.

Commissioner Shaw asked Jay Brown when he purchased the property. Mr. Brown stated he purchased the property in 1987. Commissioner Shaw asked Mr. Brown if he knew it was in the Airport Hazard Zone and he stated no.

Chairman Rose asked Ms. Bonney if she wanted to submit any further information after the testimony tonight. She stated she will not be submitting any further information after tonight.

Commissioner Cruser asked Ms. Bonney about the zoning permit application and under proposed structures it says “none”. Ms. Bonney stated they were not applying for building permits at that time.

Commissioner Cruser then asked Bonnie Sharp, Growth and Development Department Director about the test holes that were required. Ms. Sharp stated their office does not require test holes, but they require a signature from Marty Jones from Central District Health for any land split whether or not test holes should be done.

Commissioner Shaw asked Ms. Sharp if her department assumes that houses will be built on lot splits. Ms. Sharp stated sometimes the applicant verbally shares their plans, her office staff does not ask at the time of the application of a lot split. Ms. Sharp stated under no circumstance do they guarantee any kind of land use with any kind of lot split.

Stephanie Bonney responded that what Ms. Sharp stated was not true in this case if you refer to Lori Kane’s affidavit. According to Ms. Kane they did discuss what the land use would be.

Chairman Rose closed the public hearing.

/S/ LARRY E. ROSE, Chairman
ATTEST: /S/ MARSA GRIMMETT, Clerk