Friday, August 20, 2010


Boise County P&Z Commissioners, L-R: Clint Evans, Jon Bart, John Cottingham, Rosemary Ardinger and Lois Murphy.

The Boise County Planning and Zoning Commission held their regular meeting on Thursday, August 19, in the GV School Flex Room. Two items on the agenda were related: The Southfork Landing (SFL) amended PUD (planned unit development) public hearing and review and the Haile minor subdivision public hearing and review.

Lloyd Mahaffey, of Dynamis Group and part of the SFL development team, explained, “We had the small parcel on the east side of Alder Creek; it originally showed as seven lots. When the Army Corps of Engineers got done, it turned into three lots; with the new bridge, it looked more like two. We decided to amend the PUD. SFL will still have over 60% common area and we’ll pick up the parcels elsewhere. It’s one of the original properties and has its own well and septic; we had pulled the fire line—it will have full fire protection, with an unlimited two-inch connection supply; wetland area measures will remain in place. Really, everything is as it’s always been—no conditions will be changed.”

The 8.32 acre parcel was purchased by Terry and Joanne Haile, of Parma; the plat showing the Haile Subdivision was received by the County P&Z on June 9, 2010.

P&Z Chair Jon Bart began by clarifying the situation as he saw it: “The land has already been sold by SFL to the Hailes. There is concern that the Land Use Ordinance requirements have not been met. We are asked to judge this as though the land hadn’t been sold and review it “on their merits”.

Cherese McLain, Chief Civil Prosecuting Attorney for Boise County, said, “We became aware of the fact that it had been sold. The best option to move forward was to extract that property out of the SFL subdivision PUD."

Bart recommended that “we do what we were asked to do—accept it on its merits. I have looked for the proceedings for making a boundary change and I found remarkably little. Anyone aware of the procedure, let me know!”

P&Z Administrator Patti Burke said, “It’s a plat amendment in the Subdivision Ordinance.” Commissioner John Cottingham complimented Burke on finding a good resolution to a complicated situation.

Besides being to the east of Alder Creek Road, the parcel sits with the Southfork River on its northern boundary, and Southfork Road on the south. The previously approved plat has the easement on Alder Creek Road as 66 feet. The Right-of-Way will be 33 feet from the center of the road, on each side; this easement is stated as being for road clearance and snow storage.

Taxes on the property were discussed. There is a condition on the PUD, which states “the applicant must pay all taxes and obtain County Assessor certification prior to signing off the final amendment.” McLain said they do not intend to include the wording on the agreement. One condition is they are not to be held against SFL. There was uncertainty about who is the “applicant” and agreement was made on considering the Hailes as the applicants, since they are the owners of the property now. The point was made that P&Z commissioners are not the final say—it goes to the County Commissioners.

Resident Jayne Reed stated, “It was not made clear in the Staff Report-- the sale of this property was a clear violation –this goes to a trust issue. This shows people don’t have to follow rules.”

Chairman Bart said, “It’s made clear now.”

Reed continued, “I’m concerned this will have implications later. During one hearing, it was declared by Mahaffey that it didn’t matter regarding the bridge—both sides of the property was SFL. Are we, the taxpayers, going to be made to purchase more property to straighten out the east side? My understanding is the bridge is going to be bigger.” She voiced concern about safety and the position it would put the County in if they don’t have enough Right-of-Way for the bridge.

Then there are the wetlands. Reed went on, “They stated there would be no change. I think it should be written upfront that the Hailes don’t change them. And I am confused about the taxes due...this application is to clear up their violation. Why shouldn’t they be required? This is the County’s opportunity to bring them into compliance for payment of taxes. Why should we do them favors? They’re not doing us any. It does reflect on their progress. ” Also mentioned were the lines SFL illegally split on the parcel.

Jon Bart agreed that Reed raised some issues. The wetlands were deferred until “later”. McLain said, “There is no change in Right-of-Way. The 66 feet are the same. Talk to Bill Jones about the placement of the bridge.” Burke commented that if the County needed extra ground from the Hailes, she didn’t think it would prohibit the bridge going in.”

The Commission voted to approve the SFL PUD amendment, with the exception of “Item 5” (taxes). Commissioner Rosemary Ardinger expressed neutrality.

Then there was the one about the Hailes’ Minor Subdivision Public Hearing...there was discussion and confusion regarding subdividing the SFL parcels and the Haile parcel. Patti Burke stated, “The mother parcel cannot have another minor subdivision. SFL has other parcel numbers, but they can only have one minor per parcel. The original parcel is Southfork Landing. This will be recorded as the owner’s parcel.”

Jon Bart asked if the new owners can come back and subdivide their parcel. Burke said the ordinance dictates whether or not they could.

The point was brought up that the minor subdivision process is between 1-4 lots. The way Boise County has recognized this is they want people to do what they want to their properties. The Commission voted to approve the easement and the condition that the applicant must obtain any necessary permits for building in a wetland, if they wish to further develop the parcel.

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