ELMORE COUNTY

PLANNING AND ZONING COMMISSION

War Memorial Hall (American Legion) 515 East 2nd South; Mountain Home, ID 83647
Telephone: 208-587-2142 ext 502 or Fax 208-587-2120

MEETING
WEDNESDAY, 7:00 PM OCTOBER 20, 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, Todd Waite, Courtney Hiler, and K. C. Duerig. Also present were Attorney of Record Phil Miller, Bonnie Sharp Director, and Hemi Kuannark, Staff.

Chairman Nettleton stated they needed to address the issue of the Prairie commercial zoning before they go any further.

PUBLIC MEETING
COMMERCIAL AREA IN PRAIRIE
Chairman Nettleton stated they have reviewed the maps, and he felt the commercial zone was centered at the intersection of Prairie Road and W Long Gulch Road. The maps in the office are wrong. The Commission needs to make a determination on specific zoning of property and allowed uses before proceeding. T. Waite stated he thought the intersection was commercial.

C. Hiler motioned to correct all maps to reflect the commercial area for a 1/4 mile radius of the intersection of Prairie Road and Long Gulch Road. P. Osborn seconded. Aye vote was unanimous.

ED HOLDER
Chairman Nettleton asked Bonnie to give staff report on other issues they need to address. B. Sharp stated that all proposed projects are permitted, therefore Mr. Holder will not need a Conditional Use Permit, only a license for the RV/Motor Home Park.

Motion by P. Osborn to recommend a refund of application fees for Mr. Holder on the basis that no conditional use permit was required. A. Sobtzak seconded the motion. Motion carries with a unanimous aye vote.

Chairman Nettleton and B. Sharp apologized to Mr. Holder on behalf of the office and Commission for his troubles. They felt the office was acting in good faith.

PUBLIC HEARINGS
ED HOLDER – CONDITIONAL USE PERMIT FOR A RESORT/MOTEL
Chairman Nettleton closed this public hearing.

RICKY AXTELL – CONDITIONAL USE PERMIT APPLICATION FOR A PAINT SHOP
Rick Axtell gave the background of his proposal. He is going to build a 30ft X 30ft shop to store paint and equipment. The paint stored inside will be water based. About 150 gallons of solvent will be stored outside. The building would have a bathroom, and ventilation. Some painting will occur occasionally on site such doors and/or shutters. Storage racks for the paint would follow fire code.

Chairman Nettleton closed the public hearing, having no further testimony, and no public testimony.

CLAY WRIGHT
Jim Mihan, representative for Clay Wright, stated that in July a Conditional Use Permit was approved for 16 lots. Their intent is to amend the conditional use permit now for a 19-lot configuration. Chairman Nettleton clarified that they can consider all testimony, including previous testimony from original Conditional Use Permit application.

Sue Gillen asked how many times they were going to have to come before the Commission on this issue. The same problems exist as existed before, wanted to know how many times can he change his mind, when would the work be starting, and if they have looked at the issues with the road, sewer, and water.

Jim Mihan apologized for the confusion. They are returning to the original intended configuration. They would like to start development right away after approval, and if everything is smooth, they should be ready by March 2005. The NP study by the DEQ may require less lots, but they do not intend at this point of increasing the number above 19.

Chairman Nettleton hearing no further comment from the public, closed this public hearing.

REGULAR MEETING
APPROVE PREVIOUS MINUTES.
Motion by P. Osborn to approve minutes for 09/22/04 and revisit 09/29/04 with corrections at the next meeting. C. Hiler seconded. Aye vote was unanimous.

APPROVE PREVIOUS FCOs
BERNIE BROWN
Motion by C. Hiler to postpone the approval of the Bernie Brown FCO until the next meeting on November 3, 2004. D. King seconded the motion.

ROCKY MOUNTAIN LAND AND CATTLE
Commissioner Duerig recused himself.
P. Osborn asked if they needed to make a motion to accept this FCO with changes, or a separate motion. P. Miller stated they can make a motion on this FCO.

Motion by T. Waite motioned to accept the supplemental FCO with the date corrections. P. Osborn seconded. Roll call vote as follows: Chairman Nettleton - Aye, A. Sobtzak - Aye, P. Osborn - Aye, D. King - Aye, T. Waite - Aye, C. Hiler - abstain, and K. Duerig – recused. Motion carried.
Commissioner Duerig rejoins the Commission.

RICKY AXTELL
Motion by A. Sobtzak to approve the Conditional Use Permit, having met all nine standards for approval as stated in the staff report, for a commercial paint and storage shop with the following conditions:
• Applicant will meet all requirements of the Fire Department
• Applicant will comply with all DEQ and IDAPA regulations
• There will be appropriate ventilation installed in the building
• Applicant will meet any regulations from the jurisdictional highway district.
D. King seconded the motion. Aye vote was unanimous, motion carried.

CLAY WRIGHT
There was general discussion regarding previous approval. Several commission members expressed concern with water and discussed the option of having a community well system. It was discussed and decided that the Commission could make a motion regarding a community well.

Motion by A. Sobtzak to amend the Conditional Use Permit for up to a 19-lot configuration, having met all nine standards as listed in the staff report, with the condition added that there be a community well system. P. Osborn seconded.

Further discussion:
T. Waite expressed concerns that this would be cost prohibitive and would not meet the objective of conserving water. Chairman Nettleton agreed that individual wells would be cheaper than a community well. K. Duerig felt this would be an economic benefit. A. Sobtzak stated water resources wanted them to look at subdivisions long range. K. Duerig stated the permit costs were low with a short approval time. Chairman Nettleton felt lots with water were more valuable. T. Waite again expressed his concern about the problems he has encountered as a landowner with a community well. He also has heard problems expressed by other developers, such as cost and community agreement and water consumption.
Richard Smith is very much against a community well, and will not give water resources his permission if they ask him for it. He felt community wells used more water.
Aye vote was unanimous, motion with conditions carried.

TLK DAIRY TOUR
Consensus was to try for a Saturday in November.

ITEMS FROM THE PUBLIC
Jim Bivens came in to discuss options of splitting his property in Atlanta. The Commission asked for him to check his deeds and legal because the property may already be split.

MISCELLANEOUS BUSINESS
There was general discussion on copying previously distributed staff reports and other information for inclusion in current packets. Most members said they could find the information from old packets as long as the date was referenced.

MEETING ADJOURNED
_____________________________________
Nick Nettleton, Chairman Date
Attest:_________________________________
Bonnie Sharp, Director Date