Planning Commission Meeting Minutes
March 20, 2000

Present: Rich Zimmerman, Bill Smith, Deb Coleman, Kerry Cottrell, Ramon Luekenga, Mike Davis, Connie Otteson, Dirk Mace and Linda Crapo. ExOfficio Members, Clen Atchley and Pat Feldsien.

Welcome and introduction Clen Atchley. Nominations for Chairman, Mike Davis, Bill Smith (declined), Linda Crapo (declined), Rich Zimmerman. Mike Davis elected by 5 to 4 vote. Nominations for vice chairman – Ramon Luekenga (declined), Deb Coleman (declined), Rich Zimmerman elected unanimously.

Motion made by Rich Zimmerman to approve the minutes, seconded by Kerry Cottrell, minutes approved.

Public Hearing on the Henry’s Fork Estates, Dan Olmstead, owner, Marv Smith, attorney for Mr. Olmstead, and Ray Finch, surveyor. Chairman asked Karen Lords if all proper notices had been sent out and posted, procedure had been followed.

Mike Davis asked if there were any board members had a conflict of interest, to step down. All members declined any conflict.

Karen Lords passed out copies of the Henry’s Fork Estates plats to board members. She began with the review of the Application then the development review checklist, a correction was made to South Fremont checklist 5, the Total (dwelling units permitted without bonuses plus dwelling units permitted by bonuses) was corrected from 71 to 72.

Ray Finch, surveyor representing Mr. Olmstead, reviewed the plat with board members and answered questions. The project will be in three phases. The first phase will include underground utilities, road development. Canal companies issues have been addressed and agreements have been made.

Jerry Woods, District 7 Health Department, made a brief statement, stating the septic approval as presented appeared to be acceptable.

Mr. Finch addressed concerns regarding access, no build zones and footbridges over the canal. Ray Cagel, Lone Goose Environmental, did a wetlands study, Mr. Finch stated the wetlands areas will not be disturbed or impacted by the subdivision. Lots are to be 2.5 – 6 acres with an average lot being over 4 acres. There is to be a 300 ft. no build zone between the canal and river. Each lot will have to have its own well and septic system.

Mr. Davis brought up concerns about access to the private property belonging to Brent Singleton and Mike Angell’s water rights access. County Road will end in a cul de sac, 30 ft. from the Singleton property line. Private access was inferred by Mr. Finch, but nothing appears on the plat. Mr. Smith stated it has not been proven that there a legal right to access. Mr. Davis requested that an official agreement be made by the interested parties regarding access before the plat is approved. Mr. Davis wants it in the conditions that the interested parties have a right of way with no conditions or restrictions to access. The board requested that this issue be researched and addressed.

The issue regarding parking for Fisherman was bought up. In the court’s ruling regarding public access and parking it was determined that both of these be made available to the public.

Karen Lords read the letters from the Fall River Rural Electric Cooperative, Inc. stating their intent to serve. She also read all the letters sent to our office regarding the hearing (refer to your packet for details.)

Letter from: David L. & Ann Bauer, 30019 Avenida Classica, Rancho Palos Verdes, Ca. 90275. Property owners on North River Road, in support of Mr. Olmstead’s subdivision.

Letter from: Boyd J. Poulsen, Phd., 153 Hemlock Court, Palo Alto, Ca. 94306, property owner in Hidden Estates, resides there six months out of the year, concerned about the environmental impact the development will have on the environment. Would like to see more time given before the development proceeds. This would allow more time for a suitable buyer that would be more likely to want the land preserved.

Letter from: Kim Clarkin, 812 Hidden Estates Lane, St. Anthony, Id. 83445. Concerned about the effects the septic systems will have on the river and wetlands. Stated soil information he received from the USDA Soil Survey. Concerned about the impact on the habit of waterfowl, songbirds, raptors, bald eagles and trumpeter swans. Concerns also about the impact of 59 separate wells and how they will effect each other and the aquifer’s yield.

Letter from: Idaho Fish & Game. Concerned that the development of the 266 will adversely affect a number of wildlife species not only within the proposed project area but in the adjacent wetlands and along the river as well. Affected species: Bald Eagles, Trumpeter Swans, Sage Grouse, Waterfowl, Moose, Mule Deer and White-tailed Deer and Fisheries. Recommendations: 1. Work with US Fish and Wildlife Service on the effect of this project on the bald eagle nesting territory. 2. Consider options other than subdividing such as conservation easements, land exchange, conservation buyer. 3. Exclude from subdivision and development the area between the river and the Last Chance canal. Protect this area for fish and wildlife habitat. Conservation easement on this portion. 4. Homes should be screened from the river by vegetation or other means. 5. Restrict public access into the wetlands to the west of the proposed subdivision, during bald eagle, trumpeter swan and waterfowl nesting periods. 6. Maintain all of the large cottonwood trees on the property for potential eagle nest and roost trees. 7. Create a 200 foot buffer around the ponds that are within the subdivision and reserve for waterfowl nesting cover. 8. Subdivision Covenant should include: Wildlife depredation complaints cannot be filed against the Department. Pets must be kept under immediate control at all times. Feeding of wildlife should not be permitted at any time except feeding of song birds. 9. Any fences that are permitted should meet wildlife passage standards. 10. All utilities should be underground.

Mr. Finch commented again that the utilities would be underground.

Mr. Davis asked for public comment.

Mike Angell, St. Anthony, Id., has a ranch by the proposed sub division. His gate was locked and a no trespassing sign was put on his own fence by someone else. He doesn’t like to tell anyone what to do with his own property, but they (Mr. Angell and Mr. Singleton) were told by Mr. Olmstead he would never sub divide; he was only there to ranch. Concerned about dogs, kids with 22’s, too many houses and his right of way. Mr. Davis asked regarding livestock being moved up and down the road. Mr. Angell replied that Mr. Singleton did indeed move his cattle up and down the road. Mr. Angell is very concerned about his livestock due to the fact that they run an open range. He says if they people fence everything off then it will require 13 fences to cross the canal and 13 gates to open to get to the head gates.

Jeff Raybould, Fremont Madison Irrigation District and Egin Bench Canal Company, they have been working with Mr. Olmstead on an agreement with details to be to worked out regarding two easements for access to the canals for maintenance. Mr. Raybould expressed concerns about fencing the canals and must have that clarified in the covenants.

Mike Lawson, St. Anthony, 4th generation Idahoan along with his wife Sheralee. He is an outfitter and loves to see the beautiful ranches we have hear in Idaho. He has been in business 23 years and has floated the river for 23 years. In recent years he has received more complaints and seen more conflict due to homeowners not wanting people fishing in their back yard. His primary concern is the road, county commissioners, agreeing to this, with no public parking, along with loosing open space. He would like to see a compromise. He personally knows a buyer for this property but does not want a public road going through the property. If the road was restricted to non motorized access he was sure the willing buyer would be interested in putting in a conservation easement. Would like to see the entire road situation reconsidered. Feels County and residences were not well represented regarding the road.

J. D. Hancock, named as the defendant brought against Mr. Olmstead, because he was the one who went to the gate and asked why it was locked and Mr. Olmstead said it would stay locked and told him where to go. The gate has been locked ever since. He is not in opposition of the sub division. He discussed the road and access to the river. He wants wider access and large parking area. Questioning the portage location and wants that reviewed, because it conflicts with lot 3. Worried about residence complaining about vehicles and trailer parking in front of people’s homes. Would like to see lot 3 dedicated to public access and parking. Wants to see the county road extended all the way to Brent Singleton’s property.

Karen Lords stated that we couldn’t become involved in the road issue. Mr. Smith stated they are trying to comply with the terms and conditions set in place by the Fremont County Commissioners, Fremont County Attorney, and Judge Walters.

Mrs. Lords said the only issue that is in question right now is the private access to Mr. Singleton’s property.

Brent Singleton, adjoining property owner, main concern is his access to his property. He reviewed the history of the road usage and feels the road should remain open.

Mr. Smith said Mr. Olmstead that he will grant to Mr. Singleton what has historically always been granted to that property that is a license to use that road.

Ms. Coleman asked if that access is limited only to Mr. Singleton. Mr. Smith stated access would go with the property if and when it would be sold.

Charlie Sperry, Ashton, Henry’s Fork Foundation, doesn’t feel that road should be used for river access since the better access is across the river. He has been working with Mr. Olmstead regarding conservation buyers. He stated that the road is causing problems due to conservation buyers not wanting public access. He feels walk in access should only be considered in order to sell the property to the proper buyer. There is plenty of public access to the river, above and below the Chester dam, on the opposite side of the river with boat ramps being installed this year. He would like to see limited access through the Olmstead property in order to enhance it to a conservation buyer.

Cheryl Anne Mueller (Mr. Angell’s wife) stated there was not an environmental impact study down, and did not see a response from the US Fish and Game. Mrs. Lords stated that was not necessary on private property and US Fish and Game was notified but did not respond. Ms. Mueller also was concerned about the residences realizing it was their responsibility to fence not the cattle owners.

Mr. Davis closed the meeting to Public Discussion.

Mr. Davis asked Mr. Olmstead regarding covenants, Mr. Smith responded that nothing is in writing, but there would be a complete set of CC & R’s.

Mr. Cottrell made a motion to table the project until the committee could make an on sight inspection along with the issue of Mr. Singleton’s access being resolved. The motion was seconded by Mr. Zimmerman. The motion was pass unanimously. An on sight is scheduled for April 7th 2:00 PM.

Mr. Smith, requested a copy of the tapes from the meeting.

Rick Byrem, Centennial Properties Lodge and Cabin, sketch plan. Plans were reviewed, Mr. Byrem gave a brief history of the Jacobs development and plans for the future. Mr. Davis asked Jerry Woods opinion for septic approval and he felt that at this time he could see no problems. It was requested that Mr. Byrem make sure he has exact details as to the intended use of the lodge at the next level. Mr. Mace made a motion that was seconded by Bill Smith to allow them to proceed to the next level. The motion was voted on and passed.

Rick Byrem, Dean Bawden, Proposed Eagle Back Ranch Sketch Plan, 150 Acres, 30-35 Lots, Sec. 13 T13 R42. The plans were presented to the committee. Rick gave details of property location; he addressed the wildlife corridor and road access. Jerry Woods answered questions regarding health standards. It was moved and seconded that the plan be approved to the next level. A vote was taken and passed.

Karen Lords discussed the Administrators Report.

Ivel Burrell and Pat McCoy asked the Committee to consider a plan of action regarding lot splits. They explained a few of the problems concerning them and their departments and asked for the committee to consider options that might be considered for the future.

Deb Coleman made a motion to start the meetings at 7:00 PM it was seconded by Bill Smith and voted to change the time at the next meeting.

Meeting adjourned 11:30 pm.