Planning Commission Meeting Minutes
September 16, 2002

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

OTHER ATTENDEES: Jerry Woods, Bob Bauer (Batch Plant), Virgil Newton (Fremont Telcom), David Benton (Shotgun Village Estates), Douglas Clegg (Spring Creek Manor Assisted Living Center) and Scheiss Engineering (Fall River Property).

WELCOME: Mike Davis called the meeting to order at 7:06 p.m.

MINUTES: Bill Smith motioned to approve the Minutes of August 19th, 2002. The motion was seconded by Rich Zimmerman and were approved unopposed.

PUBLIC HEARING - BATCH PLANT – ST. ANTHONY, IDAHO – CAREY SARGENT/BOB BAUER: 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 distributed photos taken of the proposed site and then read the P&B Administrator’s Memo relevant to this project. Karen reviewed the provided packet information, including going over the site plan that Bob Bauer had provided. She wanted it noted that the driveway was being moved to the southern most part of the property. In the packet was a copy of the Class II Permit Application, the P&B Administrator’s Memo, the South Fremont Zoning District Development Review Checklist, the Site Plan, handwritten proposal of the project presented by Carey Sargent, Batch Plant Information (including a drawing of the proposed Cement Batch Plant) and a Photo of the batch plant’s actual ‘set up,’ Chairman, Mike Davis, asked if there were any questions for Karen relevant to the proposed project. There were none. Karen read a letter submitted by Beatrice H. Goulding, which was submitted too late to be included in the packets. Members were each given a copy. It was pointed out that the proposed plant is NOT in the city limits. Bob Bauer came forward and stated that 99% of the vehicles/trucks would NOT be taking the route through the city residential area. The only time a truck may travel through the residential area is if there is a concrete ‘pour’ that is located in that residential area. He indicated the most used route will be disbursing in the vicinity of the southern most exit of St. Anthony. From there the trucks will either travel North or South on the Highway or travel East past the old Stud Mill or West across the freeway past Seipert’s gravel pit. He briefly explained the proposed development and its location being 1/8 mile from the closest resident (mobile home). He explained that several businesses are actually already in the area or planned: Seipert’s gravel pit, ‘Out of a Limb’ log furniture business, the Five-County Detention Center, Hathaway’s, Inc. – to name a few. Chairman, Mike Davis, asked the Board if there were any questions for Ms Lords or for Mr. Bauer. There were none so Chairman, Mike Davis, opened the meeting to Public Comment. Lionel Smith: Mr. Smith stated that his concern was over the dumping of the balance of a concrete load (and/or wash and drain of concrete residue in the barrel of the trucks). The location being ¼ mile from the proposed city park and the Greenbelt area was a concern. He stated that he had, personally, had to clean the area from a previous dumping of this vicinity and he didn’t want to continuing doing so. Lionel asked if there are any required ‘re-claimers’ that apply to the site of a batch plant, by any department, State or Federal. Mr. Bauer stated that this property exists of 4-feet of old highway road and the debris/road was put there by the highway department many years ago. As far as Mr. Bauer knows the ground is too solid to absorb any runoff and he doesn’t think there is any ‘re-claimer’ that applies to this project. Terry Clements: Mr. Clements stated that he is mostly concerned with the contamination of the water and/or aquifer. The water in that area had been contaminated at one point. Any runoff from this project would inevitably run right down through Jerry Carter’s place and into the river. He feels that any residue from the concrete (lime, etc.) cannot help but contaminate the water and destroy the view of the area. A batch plant can be moved anywhere and feels that it should not be located in this particular spot. Kyle Babbitt: Ms Babbitt declared that she has appeared several times before the Board and represents the Henry’s Fork Foundation. At this point in time, she states that she has been involved in the Greenway development in the St. Anthony area. The proposed Greenway project starts at the Texaco and passes through the underpass and down through Jerry Carter’s property. She has several concerns, but the biggest concern is the dumping, water quality/contamination, noise and the unsightliness of a batch plant being seen from the Greenway and from the highway running past our town. Shawn Frandsen: Mr. Frandsen stated that he had been working with Brent Hill in cleaning up the area. He said he’s also a part of trying to get part of the gravel pit turned into a recreation area within the city limits. He had concerns with the children at the school located over the hill behind this project and also the chemicals that may be emitted or drained on the ground from this project.

Chairman, Mike Davis, asked if there were any rebuttals.

Lionel Smith: Lionel Smith presented photos of the site of High Valley Concrete (that Carey Sargent had been a partner of, until just recently). There were abandoned trucks, tires and concrete waste captured on these photos. There was, also, a photo of dumped and hardened ‘concrete wash’ that had been put on the property directly south of this proposed development.

There were no other Public Comments and, therefore, Chairman Davis closed the Public Comments portion. The Board discussed the proposed project and decided, because of lack of information relevant to ‘reclaiming’, water runoff, possible ‘wash down’ area provisions needed, etc. The Board needed more information relevant to the requirements for a Batch Plant. Rich Zimmerman motioned to table this project until additional information is obtained and/or provided by the developer and Karen Lords, Planning & Building Administrator. They were asked to contact DEQ and Dept. of Lands to obtain any information relevant to a ‘Batch Plant.’ The motion was seconded by Kip Martindale to ‘table’ the project until information was provided and the motion was approved unopposed.

PUBLIC HEARING - WAREHOUSE FOR FREMONT TELCOM – ST. ANTHONY, IDAHO : 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. In the packet was provided the Class II Permit Application, property layout and description, Warranty Deed showing ownership by Michael and Laura Dolezal, the P&B Administrator’s Memo and the South Fremont Zoning District Development Review Checklist. Virgil Newton was in attendance to represent Fremont Telcom, if there were any questions. Karen displayed front and side elevation plans of the proposed project along with photos taken of the site. Virgil Newton stated that this will be an unmanned warehouse with no water or electricity. Karen Lords then read the P&B Administrator’s Memo relevant to this project. She has recommended security fencing and tree buffering along the highway. Chairman, Mike Davis, asked the Board if there were any questions for Ms Lords or for Mr. Newton. There were none so Chairman, Mike Davis, opened the meeting to Public Comment. There was no one signed up to speak so the Chairman, Davis, closed the Public Hearing and turned discussion over to the Board. Kurt Eidam motioned to approve the project, with Buffering Installation being encouraged and off-Street parking and loading areas being provided. The motion was seconded by Bill Smith and was approved unopposed.

SKETCH PLAN – SHOTGUN VILLAGE ESTATES – 15 ACRES – DAVID BENTON: In the packet there was provided a copy of the Sketch Plan Review, a legal description of the proposed site, a site plan of the proposed 15 acres – 5 lots. Karen began describing the proposed project, when Mr. Benton began making verbal changes to the plans that had not been included in the Sketch Plan packet. He distributed several different plot plans and the Board became too confused to figure out what Mr. Benton had planned. Several Board members interceded comments that he, Mr. Benton, should have had his ‘final’ proposed plan in the packet, and not be standing before the Board and tell them to ‘pick one’ that THEY liked. It is HIS project and HE needs to provide information as to what HE wants or is planning to do. A motion was made by Rich Zimmerman to delay the Sketch Plan until Mr. Benton meets with the P&B Administrator, Karen Lords, and he decides what he wants to do and which plans he intends to use. The motion to delay Sketch Plan was seconded by Kurt Eidam and was approved unopposed. Mr. Benton should contact Karen Lords and set a date and time to meet.

SKETCH PLAN – SPRING CREEK MANOR – ASSISTED LIVING CENTER – TASCHER SURVEY – PARCEL 6 – DOUGLAS CLEGG: In the packet there was provided a copy of the Sketch Plan Review, a legal description of the proposed site, a site plan of the proposed, a letter to the City of St. Anthony requesting annexation into the city limits and a response letter from the City of St. Anthony to Doug Clegg confirming availability of city water and sewer services. Doug Clegg presented his Assisted Living Center project to the Board. The plan is to have a 30-bed – 26 unit facility, varying between 280-600 sq. feet of living space in each unit. There would be a common ‘dining room’ and ‘bathing facility.’ Because of the Occupational License requirements, this project would HAVE to be on city utilities. There would be approximately 9 full-time staff members (15 staff/employees including full and part-time). Karen Lords explained that the current Fremont County Development Code requires two (2) parking spaces per bed. Doug Clegg stated that they have several other facilities and the most restricted requirements for parking spaces was one space per apartment/unit but are willing to do whatever the county requires. Karen suggested that they provide a gravel ‘overflow’ parking area in order to comply with the code requirements. Karen advised Mr. Clegg that he will need to contact the Idaho Department of Transportation to obtain an access permit from the state highway. (Ray Wolf of the Rigby, Idaho office) A motion was made by Kurt Eidam to accept the Sketch Plan with suggested conditions of approval being: to obtain the necessary access permits from the State on to Highway 191 (two accesses), to provide proof of meeting the requirements of the Bureau of Occupational Licensure, obtaining code approval/go ahead, from the South Fremont Fire District. Karen suggested getting a written approval of Part A of the application for the Occupational License to keep for permanent record in the file. The motion was seconded by Rich Zimmerman to go forward to Public Hearing in October and the motion was approved unopposed.

SKETCH PLAN – FALL RIVER PROPERTY – 40 ACRES/9-LOT SUB-DIVISION AND TO COMPLETE EMPLOYEE HOUSING – SCHEISS ENGINEERING/CHRIS PARK – EAST OF ASHTON - PIERRE FRECHETTE: In the packet there was provided a copy of the Sketch Plan Review, a legal description of the proposed site, a site plan of the proposed project, the North Fremont Zoning District Residential Density Calculation Worksheet, drain field information, plans for completing the barn and converting to employee housing, photos of the pond at the site. Clyde Burnside presented an overview of the proposed project to the Board. The plan is to have the still unapproved barn, converted to employee housing for employees to maintain roads to and in the subdivision. He stated that there were NO plans for renting of these rooms. There were some vague areas of this development and, therefore, Deb Coleman motioned for a Master Plan to be presented to the Board. In the confusion, there was not a ‘second’ for the motion. There was further discussion, however, with Jerry Woods relevant to his requirements in order for approval of the barn conversion to employee housing. They still need test holes done but it looks as if the project is ‘doable’ if the right system is considered. Chris Parke pointed out the walkway that will be built across Fall River to access forest service land by horse and/or walking. It will be high enough that Fall River winter heights will not affect it. Karen Lords brought to the attention of the Board that there is further planned development is being planned by Mr. Frechette in this area but that lots of information is missing because it is still in the planning stage. Kurt Eidam motioned to approve the employee housing and the development of the 40 acres/9-lot sub-division. Rod Dalling seconded the motion and was approved unopposed. It was made perfectly clear that if the barn that is being converted into employee housing is ever rented out (or monies collected), they would need to apply for the appropriate commercial zoning permits.

ADMINISTRATIVE REPORT: Attached to the Board Members’ Agenda was a list of the Approved Permits that were issued for the month of August of 2002. Karen announced to the Board members that the St. Anthony Impact meeting had been cancelled and rescheduled for the October P&Z meeting. A memo was handed out to all Board Members to attend the ICRMP meeting scheduled for Wednesday, September 25th, 2002 at 7:00 p.m. relevant to the ‘open meeting law’ training. This is a mandatory meeting for all county appointed boards. The Board, briefly, discussed the replacement Board member to take Deb Coleman’s place. Mike Davis contacted several of them and Janice McNee’s name was given as another possibility. Mike will try and contact her to see if she would be interested.

MOTION TO ADJOURN: Rod Dalling made a motion to adjourn the meeting and it was seconded by Connie Ottesen and was approved, unopposed. Meeting was adjourned at 9:29 p.m.