BOARD OF COUNTY COMMISSIONERS SIGNING Minutes Date: March 20, 2014 Case Name: The City of Post Falls-Police Department Case Number: CUP13-0007 Commissioners Present: Chairman Todd Tondee, Commissioner Daniel H. Green and Commissioner Jai Nelson Commissioner Absent: None. CONFLICT(S): None. CHANGES: None. STAFF PRESENT: Pat Braden, David Callahan, Mel Palmer, Kathryn Ford Case No. CUP13-0007, a request by The City of Post Falls/Scot Haug, Chief of Police, for a Conditional Use Permit (CUP) to construct and operate an unstaffed, non-commercial, wireless communication facility (“WCF”) located on Rathdrum Mountain on 160 acres in the Rural zone. Concurrently with the CUP application, the Applicant is requesting a Variance in application VAR13-0006. The site is described as N2-NE, N2-NW in Section 26, Township 52 North, Range 05 West. B. M. Kootenai County, ID. The Hearing Examiner heard this case on February 20, 2014 and recommended approval. The Board heard this at deliberations on March 6, 2014. Chairman Tondee and Commissioner Nelson approved the request. Commissioner Green was absent. (Planner-Mel Palmer) Motion by Commissioner Nelson, second by Chairman Tondee, to approve the signing for Case No. CUP13-0007 The City of Post Falls-Police Department. Commissioner Nelson: Commissioner Green: Chairman Tondee: Aye Abstain Aye Decision: Approved Deputy Clerk’s Signature: March 20, 2014 BOARD OF COUNTY COMMISSIONERS SIGNING Minutes Date: March 20, 2014 Case Name: The City of Post Falls-Police Department Case Number: VAR13-0006 Commissioners Present: Chairman Todd Tondee, Commissioner Daniel H. Green and Commissioner Jai Nelson Commissioner Absent: None. CONFLICT(S): None. CHANGES: None. STAFF PRESENT: Pat Braden, David Callahan, Mel Palmer, Kathryn Ford Case No. VAR13-0006, a request by The City of Post Falls/Scot Haug, Chief of Police, for a variance from Kootenai County Ordinance No. 401, minimum lot size requirements for the Rural zone. The Applicant is also requesting a variance to waive the Design Standards for paving, parking and landscaping as required in Kootenai County Ordinance No. 401, Chapter 17. The proposed site is located approximately 2 miles northwest of the City of Rathdrum, via a gated logging road on Rathdrum Mountain. The parcel number is 52N05W-26-1000. The site is described as N2-NE, N2-NW in Section 26, Township 52 North, Range 05 West. B. M. Kootenai County, ID. The Hearing Examiner heard this case on February 20, 2014 and recommended approval. The Board heard this at deliberations on March 6, 2014. Chairman Tondee and Commissioner Nelson approved the request. Commissioner Green was absent. (Planner-Mel Palmer) Motion by Commissioner Nelson, second by Chairman Tondee, to approve the signing for Case No. VAR13-0006 The City of Post Falls-Police Department. Commissioner Nelson: Commissioner Green: Chairman Tondee: Aye Abstain Aye Decision: Approved Deputy Clerk’s Signature: March 20, 2014 BOARD OF COUNTY COMMISSIONERS MINUTES OF PUBLIC HEARING March 20, 2014 ZON13-0002 Commissioners Present: Chairman W. Todd Tondee, Commissioner Daniel H. Green and Commissioner Jai Nelson Staff Present: David Callahan, Pat Braden, Mel Palmer, Kathryn Ford The Kootenai County Board of Commissioners met in a continuation of the regular meeting of the second Monday of March 2014. Chairman Tondee called the hearing to order at 9:05 a.m. The members were polled for conflicts of interest. CONFLICT(S): None. CHANGES: None. Case No. ZON13-0002, Western Property Management, LLC to change the zoning classification from Agricultural Suburban to Commercial with a Conditional Zoning Development Agreement on 2.95 acres. The proposed site is located within the Post Falls Area of City Impact on the northwest corner of the intersection of Huetter Road and Interstate 90. The Parcel number is 50N04W-05-2300 and described as Tax #1095 EX N 103’ EX RW, E2-TR 8 EX RW N of I-90 (IN LAWRENCE PARK) in Section 05, Township 50 North, Range 04 West, B. M., Kootenai County, Idaho. The Hearing Examiner heard this case on October 3, 2013 and recommended denial. The Board held a public hearing on December 19, 2013 and directed staff to schedule a third public hearing for the zone change request. (Planner-Mel Palmer) Staff Presentation: Mel Palmer, Planner II, stated this is the third public hearing for a zoning classification from Agricultural Suburban to Commercial for use as a plumbing administration office and storage. There have been no other public comments received. The site was posted and based on the signed affidavit, the public notice requirements have been met. The Hearing Examiner recommended denial and Board discussion can override the recommendation. Ms. Palmer provided the staff report (B 2001) for referencing the Conclusion of Law and added this third public hearing is to confirm a Board decision. Applicant Presentation: Gary Young, applicant representative, provided a brief review and submitted the finalized Conditional Zoning Development Agreement (B-2000). Exhibits: B 2000 – Conditional Zoning Development Agreement submitted by Gary Young. B 2001 – Staff report (S-39) for Conclusions of Law reference submitted by Mel Palmer. Public Testimony: Comment Sheets submitted: 1, Applicant/Representatives–1; In Favor-0, Neutral-0, Opposed-0. The names and address of the individuals speaking or submitting comments are part of the record. Applicants Rebuttal: None. Motion by Commissioner Green, second by Commissioner Nelson, to close the public hearing. The vote was as follows: Commissioner Nelson: Commissioner Green: Chairman Tondee: Aye Aye Aye Decision: Approved The public hearing adjourned at 9:26 a.m. MINUTES OF PUBLIC HEARING March 20, 2014 a.m. ZON13-0002 Page 2 Deliberations: Chairman Tondee stated the request fits the area and he would support this zone change request. Commissioner Green stated he had nothing to add from the prior hearing discussion. Commissioner Nelson added she would support the request since it is more appropriate with the activities today and future use. Motion by Commissioner Green, second by Commissioner Nelson, to approve Case No. ZON13-0002 Western Property Management and adopt the zone change with the Findings of Fact, Legal Standards, and Conclusions of Law with a Conditional Zoning Development Agreement. The vote was as follows: Commissioner Nelson: Commissioner Green: Chairman Tondee: Aye Aye Aye Decision: Approved Deputy Clerk’s Signature: March 20, 2014