War Memorial Hall (American Legion) 515 East 2nd South; Mountain Home, ID 83647
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MEETING
WEDNESDAY, 7:00 PM AUGUST 18, 2004
Chairman Nettleton called the meeting to order, and established a quorum. Members of the Elmore County Planning and Zoning Commission present were Chairman Nick Nettleton, Vice-Chairman Al Sobtzak, Patty Osborn, Doug King, Courtney Hiler, Todd Waite and K.C. Duerig. Also present were Attorney of Record Phil Miller, Senior Planner Bonnie Sharp, and Planner Danette O’Donnell.
PUBLIC HEARINGS
1. JIM CARRIE – MALLARD CREEK SUBDIVISION
D. O’Donnell gave staff report, and letters from the record.
Jim Carrie gave background and explained project in detail. He answered questions regarding irrigation, central water and sewer, fencing, and city requirements.
Ken Ivey stated he had his water questions answered. He had questions regarding access and animal control.
Anthony Klazura stated his concerns were answered regarding water and sewer. He had concerns with traffic congestion, access across the canal, an additional law enforcement.
Kim Bideganeta-Uriona stated her water concerns were answered too. She felt the septic was small. She questioned why there were no curbs, gutters, or sidewalks. She would like a fence along her side of the property. She asks all development done before property is sold.
Jim Carrie responded to testimony. He was willing to fence property and follow any agency requirements. There will be covenants regarding animals. He stated he was willing to contact the highway district and ask about reducing the speed limit by 5 mph on Canal road.
Ken Ivey stated he wanted access onto Frontage road considered because of the reduced speed.
Anthony Klazura stated he concurred with Ken Ivey.
Kim Bideganeta-Uriona stated plat does not show 2 canals, they must be left open for tractors to access and clean out.
Jim Carrie stated he will correct the plat. He spoke with Calvin Ireland and make whatever provisions are necessary so pipes can be maintained.
Chairman Nettleton closed public hearing having no further public testimony.
2. KENNETH CASPER – EXPAND CUP for Private Airpark
Ken Casper gave history on airpark. He wants to extend it 2700 ft. He does not want a commercial runway, but would like to have rental hangers houses along the airstrip. T. Waite stated he thought that might be a commercial use. A. Sobtzak stated it was a condition on the original CUP the airstrip is to remain private. K. Casper would like those conditions amended. Runway would still be private. There was general discussion on whether this was an amended CUP or a separate CUP. Consensus was this was an amended CUP and Mr. Casper needed Dan Hennis’ permission to amend the entire CUP. Chairman Nettleton stated hearing would be left open until September 15, 2004.
3. RURAL TELEPHONE
Mark Martell gave the history of application. He submitted 2 copies of the plot plan, and displayed posters with pictures of a building similar to what they propose. This proposal will allow them to provide phone service and high speed internet to that area. T. Waite asked about having outside equipment. M. Martell stated they would only need a generator, and possibly a backhoe. C. Hiler asked about why they chose cinderblock for construction. M. Martell stated they wanted a building that would hold up and not require a lot of maintenance. P. Osborn asked if they were willing to build something similar to the vicinity. M. Martell stated yes. P. Osborn asked if there would be any line reels like shown in picture. M. Martell stated no, any reels would be on a truck, which would be there overnight at most. There would be no storage of lines on site. He stated he submitted plans to the architectural committee, but have not heard anything from them. P. Miller verified the lot he proposed construction on was not one of those identified in the CC&Rs as being able to have commercial uses. M. Martell stated that was right. This location was lower, but has easier access. Chairman Nettleton asked about notification issues. B. Sharp stated it met the minimum 300’ as well as the whole subdivision.
John Whitted read covenant sections. He stated 2 out of 3 members of the architectural committee have not been notified. He submitted names of owners within the subdivision that do not want it there.
Scott Bennett stated he was opposed to commercial use and the building being cinderblock. He stated there was commercial area down the road, build there. He stated they already have a facility between Pine and Deer Creek, and asked why a new one.
George Bennett, from Grandview, stated he owns two lots in Pine Meadows. He felt 300’ not enough notice. He felt residential use should be preserved in subdivision. He feared in 3-4 years the parking lot would be full of stuff. The notification was confusing.
Mark Martell stated the plans were finished Tuesday, so they may not have reached the subdivision committee yet. The living quarters would only be used at times when snowed in or overnight if they are coming back from Atlanta or such. It would not be a permanent residence. They would not store anything there, especially trash. They chose this location because the route of service has changes. As more services are needed they need a bigger office, which is not possible at the current location, nor would it be effective because of the loop distance. There would not be much traffic there at all maybe 1-2 times a week at most. Chairman Nettleton asked if the living quarters would only be for emergency services. M. Martell stated yes. Chairman Nettleton asked about the office. M. Martell stated it would be a switching office, not open to the public and no one working there. They would work with the Subdivision committee to make the lot look nice and look like the surrounding area. They agreed to this in the application. He read the Fish and Game letter. Their current facility was built in 1984, they need something closer to residents as well as bigger to accommodate up to date services. C. Hiler asked about commercial property. M. Martell stated there was not any available. They have put earnest money down on this lot. Chairman Nettleton stated he would like to have time for the architectural committee time to respond. A. Sobtzak stated it could be a condition on the CUP. P. Miller stated the original CUP may want to be reviewed.
John Whitted stated the committee will have to get together to go over the plans, however the Commission will be breaching the CC&Rs if they approved this.
A. Sobtzak stated he was ready to make a motion on this. He stated they do make CC&Rs conditions of approval, and they would be going against. P. Miller stated they are still in public hearing.
Mark Martell stated cable is not like roads. The old facility is not capable of the new infrastructure. There is no commercial property on the road of pine available, nor in the area. This venture is not really commercial. He doesn’t want to make enemies.
Chairman Nettleton closed the public hearing.
REGULAR MEETING
1. JIM CARRIE – CUP and PRE-PLAT for Mallard Creek Subdivision
C. Hiler motioned to approve the Preliminary plat and conditional use permit, having met the 9 standards, with following conditions, legal description needs corrected, lot 7 block 2 meets a 50ft minimum lot frontage, roads will have 60ft right-of-way, Lamberton will be changed to Canal Road, Right to Farm Act be included on the notes, Elmore County Highway District will be changed to Mountain Home Highway District, Zoning will be fixed to Ag B, proof of or approval of irrigations rights, show all existing irrigation ditches on plat, vicinity map corrected, there shall be no curbs/sidewalks required, sewer and water lines will be brought to road for future city hook up, Road will be completed or bonded before lots are sold, subdivision will meet fire codes with hydrants, street names approved, security/privacy fence on south boarder, and small privacy fence on berm. B. Sharp requested the CUP application be fixed to match the preliminary plat. C. Hiler added that her motion. K. Duerig seconded.
P. Miller clarified they are approving the CUP and Pre-plat with changes. P. Osborn stated she was uncomfortable without seeing the pre-plat changes in place first. T. Waite stated he would like to see plat with 60ft right of way. P. Osborn agreed it meets the 9-Standards. She felt they could approve CUP and hold off on the pre-plat to see changes.
Roll call vote as follows: D. King – Nay, A. Sobtzak – Nay, K. Duerig – Aye, Chairman Nettleton – Nay, P. Osborn – Nay, C. Hiler – Aye, and T. Waite – Nay. Motion failed.
P. Osborn motioned to approve the Conditional Use Permit with corrections. Rescinded motion.
Chairman Nettleton polled the commission as to whether to approve the conditional use permit tonight or not. General consensus was they could approve the CUP. P. Osborn put her motion back on the table. General discussion was there were too many changes to the preliminary plat, including notes from staff, and when to make requirements, and which requirements should be on the conditional use permit. P. Osborn rescinded motion again.
A. Sobtzak motioned to postpone until August 15, 2004, to submit corrections on preliminary plat and CUP application. P. Osborn seconded. Aye vote unanimous, motion carried.
2. RURAL TELEPHONE
A. Sobtzak motioned to deny the Conditional Use Permit, based on they would be violating the CC&Rs. P. Osborn seconded the motion. Roll call vote as follows: D. King – Nay, A. Sobtzak – Aye, K. Duerig – Aye, Chairman Nettleton – Aye, P. Osborn – Aye, C. Hiler – Nay, and T. Waite – Nay. Motion carried, CUP is denied.
D. O’Donnell stated the Board has requested that anytime an application is denied the Commission address each of the nine standards individually, so it can be noted in the FCO. A. Sobtzak addressed each of the nine standards as follows: 1. yes; 2. yes, CP for small businesses; however, already been platted for residences, proposal does not coincide with those residences; 3. No, commercial endeavor not allowed by CC&Rs; 4. No not hazardous, but yes disturbing to neighbors, or it would have not been in the CC&Rs; 5. Yes; 6. No; 7. No; 8. Yes; and 9. No.
Chairman Nettleton asked for another roll call vote: D. King – Nay, A. Sobtzak – Aye, K. Duerig – Aye, Chairman Nettleton – Aye, P. Osborn – Aye, C. Hiler – Nay, and T. Waite – Nay.
A. Sobtzak stated he felt the way to approve this would be to change the CC&Rs. P. Miller stated they could approve it, but it would not stop any land owner from suing them. Chairman Nettleton stated he would have felt more comfortable if the architectural commission had time to review the plans and make comments. C. Hiler stated she did not feel it is the Commission’s position to enforce CC&Rs, especially when they haven’t read them. T. Waite stated he suspected they did not require nor review the CC&Rs when the subdivision was being prepared, therefore he doesn’t feel any obligation to enforce them.
Chairman Nettleton stated they have a right to appeal within 15 day. P. Miller clarified, 15 days from the dated of the signed FCO, which they should be getting.
3. LONE PINE DAIRY EXTENSION
Chairman Nettleton gave background history on this. C. Hiler motioned to approve the extension of Lone Pine Dairy until April 26, 2005. P. Osborn seconded. Aye vote was unanimous.
4. DALE MEEKS
Dale Meeks, representing Ferrel Freer, he would like to have a lot line adjustment, and is questioning the administrative decision of having to re-plat the lot because of costs. There was general discussion to the drawbacks and benefits of requiring a Conditional Use Permit. T. Waite motioned to allow a lot line adjustment by record of survey, and legal descriptions recorded by deed. D. King seconded. Aye vote was unanimous. D. O’Donnell clarified what Dale Meeks needed to do in the office.
5. MISCELLANEOUS
1. Ketterling tour was cancelled.
MEETING ADJOURNED
_____________________________________
Nick Nettleton, Chairman Date
Attest:_________________________________
Bonnie Sharp Date
