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DECISION ON DEVELOPMENT CODE 2-1-17 LMS

After much discussion and several motions the City of Salmon’s Development Code and Zoning Map, recommended for approval by City Planning and Zoning (P&Z), passed the city council February 1st on a five to one vote.

The main issue of debate was P&Z’s recommendation to change an area north of Elk’s Road from ‘commercial’ to ‘industrial’ zoning. Even though the map was approved the council will seek further clarification on the commercial vs industrial classification. P&Z maintains the area is grandfathered for ‘industrial use’ based on information from the Lemhi County Building Department.

Council President Jim Baker wants to see written confirmation of that information. He said if the 10 acre parcel’s new owner, Boyd Foster, wants to use the property as ‘industrial’ he needs to go through the P& Z process. Baker questioned when the property’s classification was supposedly changed from ‘commercial.’

City Attorney Fred Snook suggested tabling any decision until more information can be obtained from P&Z and County/City Building Administrator Gary Goodman.

The first motion on the topic was made by Baker and was to retain the property’s zoning status as ‘commercial.’ A roll call vote resulted in a tie leaving it up to Mayor Leo Marshall to cast the deciding vote or not. If no vote is cast to break a tie the motion dies. The mayor chose to let the motion die and the discussion was continued.

Councilman Russ Chinske was troubled by people being told one thing then told another. He said it is up to the council to fix the problem, not the owner who was informed the property is industrially zoned. Chinske said he would like to hear from Foster and from Goodman and that it is the council’s responsibility to clarify the situation.

In answer to a question from Councilman Neal James, Councilman Rob Jackson said the ‘commercial’ zoning was initiated in December of 1992.

The property originally belonged to the city which sold it to the Forest Service for $1. Then it went to a private owner who was allowed to use it as industrial, or what at that time was considered to be industrial use.

Baker made a motion to table the subject until the next meeting. That motion failed on a vote of four to two with councilmen Jim Bockelman and Baker voting in favor of tabling.

Councilman Jackson then made a motion to approve P&Z’s recommendation that the Development Code be accepted and the Zoning Map show the area as an ‘industrial’ zone. The motion passed on a vote of five to one with Baker voting against it.

Jackson followed with a motion to pass the first reading of Ordinance 17-819 which is an ordinance to amend the City of Salmon Development Code and Zoning Map. The motion passed with Baker casting the only ‘no’ vote. Unless a reading is waived, an ordinance requires three readings before it can be officially adopted.


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