Planning Commission Meeting Minutes
August 20, 2001

PRESENT: Mike Davis (Chairman), Bill Smith, Connie Otteson, Dirk Mace, Rich Zimmerman, Linda Crapo, Rod Dalling, Karen Lords (P&B Administrator) and Sue Sommer (P&Z Secretary).

OTHER ATTENDEES: Rick Byrem, Justin Abbott, Jerry Woods

WELCOME: Mike Davis called the meeting to order at 7:06 p.m. and welcomed Kip Martindale as our new Board Member.

MINUTES: Upon review of the minutes, Dirk Mace motioned to approve the minutes as written. It was seconded by Bill Smith and approved unopposed.

PUBLIC HEARING – PUBLIC HEARING – RICK GEARY – VET CLINIC – GARY WOOD PROPERTY: Karen Lords advised that proper notice was mailed out, posted and published as required. The Board members declared that there was not conflict of interest and, therefore, Public Hearing could go forward. Karen read the P&B Administrator’s Memo relevant to this project. Included in the packets to each Board Member were given copies of the Class II Permit Application, Public Hearing Notice, Administrative Memo, Development Review Checklist, a revised site map of the proposed project. Chairman, Mike Davis, asked if there were any questions for Karen relevant to the proposed project. There were none.

Rick Geary briefly described the slightly moved location of the proposed building/business on the Gary Wood property. He agrees to meet all the buffering, signs, on-site sewage disposal, off-street parking/loading areas, industrial/commercial solid waste disposal and solid waste disposal conditions as outlined in Chapter VI of the Fremont County Development Code.

Chairman, Mike Davis, asked if there were any questions for Mr. Geary. Bill Smith asked about the proposed time frame for beginning construction. Mr. Geary plans to begin concrete and framing work before the weather gets bad so that the business will be in working condition before the first of the year. Originally, Mr. Geary was advised that the exit near this property location would remain open when the Idaho Department of Transportation goes through and updates maintenance and closes the unnecessary exits off the freeway. Recently, however, he heard to the contrary… that this exit may be one of the proposed ‘closed’ exits. He will not be looking at any closures for at least five (5) years and will be speaking to the highway department relevant to the business affect with this exit closure, especially because this is the same exit as the Fremont County Golf Course.

Chairman, Mike Davis, opened the meeting to Public Comment. There was no one signed up on the ‘public comment’ sheet and no one asked to comment and, therefore, the meeting was closed to Public Comment and referred to the Board.

After a short discussion among the Board Members, Dirk Mace motioned to accept the proposed development. It was seconded by Rich Zimmerman and accepted unanimously.

Karen Lords wished to include in these minutes that we had neglected to read (but had received) a ‘positive’ Public Comment letter on this project.

PUBLIC HEARING – CELL TOWER – UBIQUITEL/SPRINT – ON ECK PRODUCTS PROPERTY – ASHTON, ID: Karen Lords advised that proper notice was mailed out, posted and published as required. The Board members declared that there was not conflict of interest and, therefore, Public Hearing could go forward. Karen read the P&B Administrator’s Memo relevant to this project. Included in the packets to each Board Member were given copies of the Class II Permit Application, Public Hearing Notice, Administrative Memo, Development Review Checklist, Project Description (submitted by UbiquiTel/Sprint) and a site map of the proposed project. The developer, Justin Abbot, distributed a “Wireless Phone Usage” pamphlet to all the Board Members, which briefly describes how cell phones work, history of they’ve evolved and ‘health and safety’ information – relevant to cell phone use. Karen passed out photos of the site, which showed the proposed location. Chairman, Mike Davis, asked if there were any questions for Karen relevant to the proposed project. There were none.

Justin Abbott described, in depth, the proposed cell tower project. He answered any questions the Board had. Mr. Abbott assured the P&Z Board that this project would comply with all the Fremont County Development Codes and the applicable FAA & FCC requirements. There is a ‘take down’ clause in lease agreement, between the property owner and themselves. They have a five (5) year lease with a 5-year renewable lease. He assured the Board that upon ‘non-use’ of the tower, the structure would, most probably, be removed within 30-60 days – definitely not more than six (6) months after non-use.

Chairman, Mike Davis, asked if there were any questions for Mr. Abbott. There were none.

Chairman, Mike Davis, opened the meeting to Public Comment. There was no one signed up on the ‘public comment’ sheet and no one asked to comment and, therefore, the meeting was closed to Public Comment and referred to the Board for discussion and decision.

Rich Zimmerman motioned to accept the proposed development. It was seconded by Bill Smith and accepted unanimously based on the conditions of approval listed on the Administrator’s Memo.

PUBLIC HEARING – STORAGE FACILITY FOR TOWED VEHICLES – D.J. BARNEY – ST. ANTHONY, ID Karen Lords advised that proper notice was mailed out, posted and published as required. The Board members declared that there was not conflict of interest and, therefore, Public Hearing could go forward. Karen advised the Board that Mr. Barney had gone beyond his requirements and had, personally, notified the surrounding residents of his proposed business, asked that if there were any questions relevant this project to contact him at his home or business located in Rexburg. He advised what his intentions are for the future success of his business.

Karen read the P&B Administrator’s Memo relevant to this project. Included in the packets to each Board Member were given copies of the Class II Permit Application, Public Hearing Notice, Administrative Memo, Development Review Checklist and the Idaho Transportation Department Speed Letter (relevant to Right-of-Way Permitting). Karen distributed several photos of the, already established, project and asked if there were any questions.

D.J. Barney described his proposed development as a facility that would contain storage of temporarily impounded vehicles. Average stay would be 6-12 hours to 3 days. He assured the Board that very few vehicles would be stored more than the maximum of 45 days (except for Sheriff’s Office requests for a case). He is planning to put in the security screen fencing slats on the newly installed fencing. Two sides would be done before the end of this year and the front as can afford and the rear would be last, beings the gravel pit on the rear side (but all would be done before the allowable time is up - two years). He has received three calls from some concerned neighbors, and the questions were inquiries if this was a salvage/junk yard, what type of night lighting would used and some questions on the buffering around the fenced area. They seemed satisfied with his responses. The property owner has told Mr. Barney that he prefers that no trees be planted as a buffer on this property and, therefore, the security screen is his proposed route of buffering.

The Board Members had some questions about the process in handling towing calls, storage of towed vehicles, storage of waste (pieces and parts off vehicles involved in wrecks) and the transferring of vehicles to Barney’s Rexburg storage facility when a longer than 45 day storage is required.

Since there were no further questions from the Board, the Chairman, Mike Davis opened the meeting to Public Comment.

Trenna Peebles: Trenna spoke on how wonderful Mr. Barney has been on informing her and her neighbors. Their only concern was the ‘buffering’ issue. Her and her neighbors would prefer buffering with ‘trees and bushes’ as this project is in a residential area. They would, however, agree to the security screening, as Mr. Barney is planning.

With no further comments, Mr. Davis closed the meeting to Public Comment. The Board discussed that all four sides of the property would need to be buffered. Trees and vegetation would be preferred, but not required.

After a brief discussion among the Board Members, Rod Dalling motioned to accept the proposed development. It was seconded by Rich Zimmerman and accepted unanimously based on the stipulations of the buffering requirements being completed (either with vegetation or a privacy fence) within the two-year completion deadline.

FINAL PLAT – RIVER ROCK ESTATES Karen displayed the Final Plat Map indicating the proposed lots. Per the development agreement – The developer will have one year to complete this phase of the project, before beginning any further phases.

Rick Byrem: They’ve met with the Fremont County Road & Bridge Department and from that meeting the decision was made for Lots 8 and 9 to share a common driveway. Lots 5 & 6 will access through the proposed road right-of-way. Lots 2 & 3 will also have shared driveways/access points onto 500 North. Lots 1, 4 and 7 will be able to pick a location to have their driveway. This met with Fremont County Road & Bridge approval.

Rich Zimmerman motioned to approve the Final Plat of River Rock Estates – Phase 1. It was seconded by Dirk Mace and motion carried, unopposed.

For their information, the Assessor, Ivel Burrell, spoke up and stated that the back lots are still in Ag Use and will remain that way as long as it is used for grazing or pasturing of animals. This Ag usage will keep the property taxes lower, than if used as residential/rural property.

SKETCH PLAN – LESLIE PARKINSON – SUBDIVISION – CHESTER AREA In the packet there was provided a copy of the Sketch Plan Review. Karen Lords stated that she had done an ‘on-site’ of this parcel of ground. According to the portion of our Development Code relevant to productive cropland, she did a LESA Evaluation Checklist on this property and came up with a score of 12. If the checklist amounts to a score of 15 or less then the property cannot be considered Productive Cropland. This ground, therefore, cannot be considered Productive Cropland.

Leslie Parkinson provided a copy of the proposed subdivision map. She reviewed the proposed project. She has done 14 soil test holes on this property. District 7 Health has looked at the property and agrees that each lot will, easily, be able to handle a well and septic. Electric and telephone will be provided up to the property. There will be very strict covenants with NO livestock, except horses and pets. They propose that one side of this subdivision will be ‘stick built’ homes and the other 1/2 for double manufactured homes on a foundation with a garage.

Jerry Woods spoke and said there had been 14 test holes and this property can handle standard systems as designed and set up. Leslie passed out a letter to Jerry Woods from Mountain River, Inc. relevant to 5 test hole results on the property. Karen scheduled an on-site at this property for September 5th at 6:00 p.m. and meet in the Courthouse parking lot.

Rich Zimmerman motioned to accept this Sketch Plan. It was seconded by Rod Dalling and was approved, unopposed.

ADMINISTRATIVE REPORT: Attached to the Board Members’ Agenda was a list of the Permits that were issued in July of 2001.

We are pushing to work on the Code Amendment changes by the October meeting. We should have the crossed out and edited changes for this Boards review. We are also aiming for February and March for the Public Hearings relevant to these changes.

Connie Otteson made a motion to adjourn the meeting and it was seconded by Linda Crapo and was approved, unopposed. Meeting was adjourned at 9:00 pm.