Planning Commission Meeting Minutes
May 20, 2002

PRESENT: Mike Davis (Chairman), Bill Smith, Linda Crapo, Connie Ottesen, Kurt Eidam, Kip Martindale, Deb Coleman, Rich Zimmerman, Dirk Mace, Rod Dalling, Karen Lords (P&B Administrator) and Sue Sommer (P&Z Secretary).

OTHER ATTENDEES: Jerry Woods, Pat McCoy, Ivel Burrell

WELCOME: Mike Davis called the meeting to order at 7:12 p.m.

MINUTES: Rod Dalling motioned to approve the Minutes of April 15th, 2002. It was seconded by Deb Coleman and was approved unopposed.

SKETCH PLAN – RESTAURANT & CATERING SERVICE IN ISLAND PARK – YALE/KILGORE AREA – PAT DOYLE: NO SHOW. Set aside Sketch Plan until later in evening when or if Mr. Doyle shows up.

PUBLIC HEARING – SALEM PINES SUBDIVISION – CORNELL HANSEN NO SHOW. Set aside Public Hearing until later in evening when or if Mr. Hansen shows up.

PUBLIC HEARING ON CODE CHANGES: In the packets provided to the Board were the proposed Amended Fremont County Development Code and the Fremont County Comprehensive Plan. Karen Lords stated that the Notice of Public Hearing on these Code Changes had been published in the newspapers and posted as required. Karen read the Summary of the Comprehensive Plan and Zoning Ordinance changes drafted up by Trent Grant. Following the reading of the Summary, Karen asked if there were any questions or suggested changes. There were none. Chairman, Mike Davis, opened the meeting to Public Comment of the proposed code changes. Sandy Edwards (Newdale): Sandy had general questions on how Zoning issues are handled. She had no problems with the changes made to the Comprehensive Plan or the Zoning Ordinances. Kyle Babbitt: Wanted to commend the Planning & Building Dept. and the P&Z Board on all the work they’ve done to get the City of Island Park excluded from the Comprehensive Plan and Development Code.

Beings there were no further Public Comments Chairman, Mike Davis, closed the meeting to Public Comment and referred discussion back to the Board. The Board commented that the changes had been read and discussed enough and, therefore, Rich Zimmerman motioned to approve the Development Code and Comprehensive Plan changes. The motion was seconded by Dirk Mace and was approved unopposed. Rich Zimmerman wanted it noted that Karen Lords should be commended on all the work she has done to get these changes accomplished. All the Board members agreed that she is deserving of an enormous ‘thank you’ for all the work she has done.

SKETCH PLAN – RESTAURANT & CATERING SERVICE IN ISLAND PARK – YALE/KILGORE AREA – PAT DOYLE: Pat Doyle came in late and, therefore, this is a continuation of the Sketch Plan scheduled for earlier in the evening. In the packet there was provided a copy of the Sketch Plan Review, a plat map of the proposed location of the Restaurant and Catering Service, General Project Description with proposed buffering and plot plan provided by Pat Doyle. Pat Doyle presented his proposal to the P&Z Board as spelled out in his letter included in the packet. Photos were passed around of the proposed site. Board Member, Rich Zimmerman, stated that there is a definite need for this type of business in Island Park and feels there won’t be a problem approving this request. Mr. Doyle is planning for the Public Hearing in June and upon approval will begin drilling his Well and plan on beginning construction before the snow flies this winter. Jerry Woods is working out minor details relevant to qualifying for a commercial septic system vs. a domestic system. Chairman, Mike Davis, asked if there were any questions or expected problems. There were none. Rich Zimmerman motioned to accept the Sketch Plan. The motion was seconded by Dirk Mace and was approved unanimously to go to Public Hearing in June.

PUBLIC HEARING - SALEM PINES SUBDIVISION – CORNELL HANSEN: Cornell Hansen came in late and, therefore, this is a continuation of the Public Hearing scheduled for earlier in the evening. In the packets provided to the Board was the P&Z Administrator’s Memo/Report, a copy of the Public Hearing Notice, a copy of the Class II Permit Application, a copy of the South Fremont Zoning District Development Review Checklist, a copy of the LESA System Checklist and a letter from Fremont-Madison Irrigation District. Karen Lords advised that proper notice was mailed out, posted and published as required. The Board members declared that there was no conflict of interest and, therefore, Public Hearing could go forward. Karen displayed the Preliminary Plat. There will be individual wells and septic on these lots. Karen read the P&B Administrator’s Memo relevant to this project. Karen passed out a copy of a letter from Utah Power to all the Board Members. Chairman, Mike Davis, asked if there were any questions for Karen relevant to the proposed project. There were none. Cornell Hansen came forward and, briefly, explained his proposed project. He wished to make it clear that ALL 16 acres of Lot 8 gets the 1 stock/share of water. His personal home is not in this subdivision and is exempt from sharing the one stock/share of water. This information will be noted and recorded on the final plat map. Jerry Woods spoke on the sub-waters in this area not being known yet. Because of changes relevant to farming procedures in the area – the sub-water/flood irrigation will be monitored on a yearly basis. There are three monitoring wells in this subdivision. Jerry Woods said that at this point, an ‘Extended Treatment System’ could be approved for any of these lots. It’s a more expensive system, but would be more than adequate to be approved through his office. Chairman, Mike Davis, asked if there were any questions for Ms Lords or the developer. There were none so Chairman, Mike Davis, opened the meeting to Public Comment. Dale McPherson: He stated that he resides on adjacent property North and West of the proposed development. He, briefly, spoke on his concerns over the water issues. He had his well go dry and had to lower his pump 8’. There is another neighbor that is drilling another well today. They’re drilling as we speak. He stated his concern is that property that was being flood irrigated in the past will now have to water 1-1 1/2 acres from a culinary well. How will this affect the other surrounding property owners – with their wells going dry already. It is his understanding that only ½ acres of a parcel is be allowed to be watered by a culinary well. Kurt Eidam stated that 38’-45’ well depths are a very shallow well and that they are very fortunate to only have to drill that far. Mr. McPherson stated that the concern was that it would cost an ADDITIONAL $5-10,000 to dig a new well on an already established parcel. This can be a major hardship on a small family budget. Anita McPherson: She had a couple questions relevant to wells and septic systems and regulations relating to them. Jerry Woods answered her questions on the septic system regulations. The well regulations are not under the County guidelines and, therefore, any questions relevant to water or well regulations should be directed to the Dept. of Water Resources. Thelma Mortensen: She stated that she had sold property to Cornell Hansen and 1 ½ Canal Company Shares. She has lived in the area for 50 years and has no problem with this proposed subdivision. She realizes that progress ‘happens’ and she wishes for progress being done the correct way and has known Cornell Hansen long enough to know that he will do it the correct way. With no further Public Comments Chairman, Mike Davis, closed the meeting to Public Comment and referred discussion back to the Board. Kurt Eidam stated that this subdivision is in a good location and close to Rexburg. Mike Davis commented that the project is well put together and had gone to the site and sees no problem with approving. Several of the Board Members commented that the development seems to meet all the code requirements. Dirk Mace motioned to approve the development, as long as any conditions of approval have been met. The motion was seconded by Rich Zimmerman and was approved unopposed.

ADMINISTRATIVE REPORT: Attached to the Board Members’ Agenda was a list of the Approved Permits that were issued for the month of April.

• J-U-B ENGINEERS, INC. Ms. Lords passed out the letter from Nancy Taylor of J-U-B Engineers, Inc. Jerry Mason (Land Use attorney for ICRMP) told the Commissioners that the County should throw out the present Comprehensive Plan and Development Code. Mr. Mason recommended that the P&B Administrator meet with a J-U-B Engineers, Inc. representative and have them review the Fremont County Comprehensive Plan and Development Code. The Board went over each item and suggested change that Nancy Taylor had addressed in her letter. After a lengthy discussion about the letter, the Board concluded that most of the suggested changes were already in place or were being put in place already. It became obvious that the Development Code and Comprehensive Plan had NOT been reviewed entirely or they would have caught the fact that the issues were already in place. After a lengthy discussion, with input from several department representatives, the Board concluded that the Development Code and Comprehensive Plan could be tweaked a bit, but $34,500 quoted by J-U-B is not a viable expense that should be passed on to our county residents. The Board consensus was to suggest to the County Commissioners that the Planning & Building Department continue to utilize Rod Eastvold, as a consultant, on an as-needed basis and as long as any issue is not beyond his knowledge. Rich Zimmerman motioned to continue to utilize Rod Eastvold as a consultant to the Planning & Building Department, but to also note that if there is an issue that warrants issues being resolved that are beyond Mr. Eastvold’s training or comprehension, the P&B Department continue to be allowed to bring in other professional advice/consultants on an ‘as needed’ basis. The motion was seconded by Deb Coleman and was approved unopposed. Karen would try to get the P&Z Board put on the Agenda for the County Commissioners for June 10, 2002 and would advise Board Members via telephone or mail as to date and time.

• LOT SPLITS There was a lengthy discussion over the Lot Split issues. Ivel Burrell had concerns over making any passed ordinance go into affect on date of passing the ordinance and ON. Not going retroactive. Jerry Woods suggested that any Lot Split applications being taken, the applicant be told to get Septic Approval first. Jerry gave examples of how people had purchased a piece of property that had been split and no septic could be put on the property (for several different reasons – lot not big enough to handle the required size of drain field, wetlands, flood plain issues, structure or layout of the land, etc.) He suggested that the P&B Dept. provide the applicants with this information to protect them, when and if they decide to build on the proposed split property. The Health Department is putting in place new codes that could negatively affect these smaller lots and the Health Department Director out of Boise has suggested and approved the utilization of Jerry Woods to go to the proposed site and do an on-site of the lot splits. It would cost a nominal fee, but this fee could be applied to the Septic Permit at the future time of purchase. Karen stated that there are several other code changes that will be made by late fall (one of which is this Lot Split issue). Ms Lords will build a list and of the suggested changes and discuss at a later date.

MOTION TO ADJOURN: Connie Ottesen made a motion to adjourn the meeting and it was seconded by Linda Crapo and was approved, unopposed. Meeting was adjourned at 9:35 p.m.