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Tractor Supply hearing to be redone

by EMILY BONSANT
Staff Writer | March 2, 2023 1:00 AM

THREE MILE — Boundary County commissioners approved two road variances for a Tractor Supply store, which will be built at 87 Homestead Loop, but due to an appeal and a procedural error the commissioners will redo the hearing.

At the Feb. 28 meeting, commissioners discussed an appeal by Cameron Smith, a neighbor just north of the coming Tractor Supply Co. store.

Smith, who lives directly north of the parcel told the Herald that he moved to the residence in the fall and had not been informed of the proposed store location. He said when Planning and Zoning sent notices to surrounding land owners requesting public comment at the Planning and Zoning meeting in October, the mail he received was addressed to the former land owners. He did not open the mail due to it not being addressed to him.

County Attorney Tevis Hull said Smith filed an appeal to the October Planning and Zoning decision to approve Tractor Supply’s conditional use agreement the week of Feb. 20. The appeal period was two weeks after the October hearing.

Hull said the appeal is untimely filed, but that there was a procedure issue. When the Planning and Zoning collected data on property owners in the vicinity of the coming Tractor Supply Store, Smith either had not yet owned the property, or had not yet appeared in the database. Either way as a property owner he had not been informed.

Hull said the notice was not addressed to Smith, but the previous property owners. In the 13 years he worked with counties, he’s not seen this issue come up. He added there is no “ill will” rather the county has the ability to cure this error.

He suggested the commissioners accept the appeal and redo the hearing where they approved the road approach variances for Tractor Supply Co. in order to solve the issue administratively before it can be taken to court.

He said if the appellant, Smith, is not satisfied then he can take it to court, but that county should solve the procedure error.

The commissioners accepted the appeal and will redo the public hearing for the Tractor Supply Co. road approach variance application at a later date.

The public hearing on Feb. 14 before the commissioners, was originally scheduled for Jan. 23, but was postponed to allow the applicant time to provide more drawings and a model for the north and south road approaches.

At the public hearing, neighbors expressed concern on whether Homestead Loop, as is, could handle increased traffic while maintaining pedestrian safety, especially with future housing developments coming into the area.

The meeting was not to approve the Tractor Supply Co. store, but to approve the road approaches to the county road. The parcel was already zoned commercial.

To start the meeting, commissioners said they had a conflict of interest with the application. This question is asked of commissioners and planning and zoning boards at meetings prior to the presentation of the applicant. Members of the board that have a conflict of interest then step down and recuse themselves from voting.

Commissioner Tim Bertling said that he had no conflict of interest. However, he noted that the parcel’s owner, James Byler, had allowed one of his large campaign signs and trailer to sit on the lot. He added that he has never met Byler.

During public comment, Smith requested Bertling not vote and claimed he did have a conflict of interest due to Byler placing one of Bertling write-in signs on the lot of the future Tractor Supply Co. store.

Later Darlene Schnieder, of Pace and Kerby, said she represented the Bylers and that she had been informed Byler had been approached by a third party to place one of Bertling’s signs on his property. After asking if Bertling was a “good man,” Byler allowed the campaign sign on the property.

Only one public comment in favor of the application was received by mail.

Adrienne Norris, with the Boundary County Watchman, asked out of order if the letter had been written by a resident of Boundary County or a relative of the Bylers.

Commissioners responded that Mr. Weaver resided in the county and was not related to Byler.

The north road variance was approved with the addition of providing landscaping on the north side of the building in lieu of a six-foot fence so as to not conflict with Smith’s future use of solar power. The road is being put in to allow the Bylers to retain access to the water on Homestead Loop for the parcel to the east.

The south road variance was approved with the addition condition of a larger turning radius, increasing the size from 45 feet to between 50 and 55 feet.

Jennifer Nylander of HSC Bonners Ferry, LLC presented the application on behalf of Tractor Supply. Nylander is out of Alabama and has developed more than 100 Tractor Supply stores.

She said they have been looking for a location in Bonners Ferry since 2017.

The Byler location was chosen due to the location off from Homestead Loop and access from Highway 95.

The Idaho Transportation Department would not allow direct access to the highways and so instead, Nylander said the applicant had to access Homestead Loop and needed a variance from the county.

Stop signs will be added at each egress and storm water storage will be located on the southern end of the development.

Vehicles will travel north on Homestead Loop and turn right into Tractor Supply. Within the parking lot, there will be a lane for vehicles to enter to have purchased items loaded onto the vehicle.

Many of those present were concerned with added traffic on Homestead Loop and semis traveling south bound from Moon Shadow.

Nylander said the weekly truck delivery will be going northbound on Homestead Loop to access the store. Trucks for Tractor Supply Co. will not be traveling south on Moon Shadow.

Road and Bridge officials said the Homestead Loop already has a cement pad base and the as a road is used more and becomes a large collector it will be improved.

Commissions added as the road needs maintenance as truck traffic picks up it will be addressed, but the Feb. 14 meeting was only for the road variance to the approach of the county road.

Bertling added that the intersection on Homestead Loop will be updated at a later date.

One neighbor was concerned about light pollution, noting that businesses at Three Mile are bright and scare animals.

Nylander said that Tractor Supply follows dark sky compliance and if there were to be a county ordinance requesting flood lights be turned off at a certain hour, they would comply.

Tractor Supply will dig a well instead of tapping into 3 Mile Water.

ITD and Boundary County did not require traffic study for the road variances.

At present Homestead Loop is a minor connector to artierials, such as U.S. 95.

Rene Nelson, Boundary County Road and Bridge Co-Superintendent said when a collector's use goes up it will be improved.

There was no public testimony nor rebuttal presented at the Oct. 27 planning and zoning meeting. The Planning and Zoning Commission unanimously approved the conditional use permit to allow a commercial use with a primary structure exceeding 15,000 feet to allow for a retail Tractor Supply Co. store.

The closest Tractor Supply Co. store is in Oldtown. Tractor Supply Company is the largest rural lifestyle retailer in the United States.