COMMISSIONERS MINUTES
AUGUST 24, 2004
The Elmore County Commissioners met in special session on the above date in the
Commissioner’s Room, basement of the Elmore County Courthouse, 150 South 4th
East, Mountain Home, Idaho.
The special session was to hold a public hearing to hear testimony on an
application from Exergy Development Group, LLC, for a Zoning and Development
Ordinance Amendment to allow wind/electrical generating facilities in an
Agriculture A Zone.
Present were Chairperson Mary Egusquiza, Commissioners Larry Rose and Calvin
Ireland, and Deputy Clerk Barb Steele. Also present in the audience was Judy
Devol from the Mountain Home News and Billy F. Richey, Special Assistant for
Military Affairs, representing the Governor’s Office.
The Public Hearing commenced and Chairperson Egusquiza asked if anyone wished to
testify.
Billy F. Richey, 105 South 3rd East, Mountain Home, stated he was the military
liaison representing the Governor’s office. He stated his office supported the
fact that a conditional use permit would be required in the ordinance to allow
wind/electrical in Ag A. He also stated the ordinance needs more clarification.
In the briefing the Air Force prepared for the Planning and Zoning Commission it
explains the excluded areas and height restrictions requested. The Commissioners
and Mr. Richey reviewed a map of the Air Force base and the requested area to be
excluded which was submitted by Mr. Richey. Commissioner Ireland asked when the
Planning and Zoning Commission voted to approve a Conditional Use Permit for
Exergy Corporation in an Ag A land classification was it unanimous. Chairperson
Egusquiza replied it was a unanimous vote. Commissioner Rose stated obviously it
was very important that the Air Force know where these wind/electric generating
facilities would be. Discussion followed on FAA regulations, future use at the
base, and the fact it would be a Conditional Use Permit so each application
would be reviewed individually.
Mr. Peter Richardson joined the meeting.
Chairperson Egusquiza asked Mr. Richey about the briefing the Air Base gave on
the subject. Mr. Richey went over a handout that was used at that briefing and
gave one to the Commissioners. It included: Purpose, Air Force Policy, Air Force
Concerns, Airspace, Ordinance Change Request, Basic Impact, Flight Paths, and
Impact Assessment. The handout was received and put in the file.
Peter Richardson from the Law Firm Richardson & O’Leary, 99 East State Street,
P.O. Box 1849, Eagle, Idaho 83616, representing Exergy Corp appeared. He stated
that the draft ordinance that the Planning and Zoning Department crafted is a
good one. The primary concern seems to be the impact on the Air Force base, he
feels the ordinance provides more than adequate protection of the Air Base. The
proposed ordinance was reviewed. Mr. Richardson stated in their view, that
ordinance already has protections factored in and the ordinance should be
approved.
Commissioner Ireland asked about diesel fuel. Mr. Richardson doesn’t know why
the use of diesel fuel is in the ordinance, as their company has no plans to use
diesel fuel. Commissioner Ireland stated that some other company said they were
interested in using diesel and discussion followed on the procedure for the use
of diesel.
Mary asked about Ordinance Revision No. 1 by James R. Carkulis. Mr. Richardson
said he believed that the Planning and Zoning Commission had approved it and
passed it onto the Commissioners for the public hearing. There are two drafts of
the Ordinance.
The first draft reads:
ORDINANCE NO_________
AN ORDINANCE AMENDING THE ELMORE COUNTY ZONING AND DEVELOPMENT ORDINANCE -
PROVIDING THAT CHAPTER 1, ARTICLE VIII-1, SECTION 1.E.8-1, PRIME
AGRICULTURAL/GRAZING A-ZONE AG A, CHAPTER 1, ARTICLE VIII-1, SECTION 5.E.8-1,
LIGHT MANUFACTURING - M1 ZONE AND CHAPTER 1 ARTICLE VIII-1, SECTION 6.E.8-1,
HEAVY MANUFACTURING - M2 ZONE, BE AMENDED TO ALLOW ELECTRICAL PRODUCTION BY,
SOLAR OR WIND POWER; PROVIDING FOR SETBACKS FROM RESIDENCES, NOISE LIMITS AND
OTHER MITIGATION REQUIREMENTS; ALLOWING FOR VARIANCES FROM THE SETBACK
REQUIREMENT; ALLOWING AFFECTED LANDOWNERS TO WAIVE THE SETBACK REQUIREMENT; AND
REQUIRING LANDSCAPING AND MITIGATION PLANS:
WHEREAS, The Elmore County Zoning and Development Ordinance of 1994, as amended
in 1995 and 1999 was adopted for the public health, safety and general welfare
of the citizens of Elmore County as authorized by Title 67, Chapter 65 of the
Idaho Code and Article 12, Section 2 of the Idaho Constitution;
WHEREAS, The Zoning and Development Ordinance contains a land use matrix and
zoning district regulations designating land uses and regulations within the
County;
WHEREAS, The Elmore County Planning and Zoning Commission has recommended that
the Board of Commissioners of Elmore County amend the Elmore County Zoning and
Development Ordinance to allow certain types of electrical generating facilities
in Agriculture A, Light Manufacturing and Heavy Manufacturing Zones;
WHEREAS, A public hearing was held on ______________ by the Elmore County
Commissioners of Elmore County to take public testimony on the proposed
amendment and notice of that hearing was published in the Mountain Home News on
___________ and _____________.
WHEREAS, a request to consider that action was made and testimony on the
requested reconsideration was taken on ________, and the Board voted ______ to
approve the proposal; and
WHEREAS, the proposal was passed as amended on___________ by a vote of ___, the
Board having concluded that the proposed amendment was in accordance with the
comprehensive plan and that amendments made by the Board were not material;
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ELMORE COUNTY, IDAHO, IN
LAWFUL MEETING ASSEMBLED:
That the following Sections of the Elmore County Zoning and Development
Ordinance be amended as follows:
1. That Chapter 1, Article VIII-1, Section 1.E 8-1, PRIME AGRICULATURE/GRAZING
A-ZONE AG A be amended to include a new Subsection 1.E.8-1(n) that shall read:
Electricity Generating Facilities
Certain types of electricity generating facilities are permitted in this zone.
1. The facility must only use, solar cells or wind power to produce electricity
for sale. The use of diesel fuel is allowed only for emergency generation of
electricity for fire suppression or winding down turbines.
2. The owner or operator of the facility must show compliance with applicable
Idaho Public Utility and Federal Energy Regulatory Commission rules and
regulations before receiving a zoning permit and must operate the facility in
conformance with those same regulations.
3. Facility improvements must be at least 2,500 feet from any residence existing
at the time of the application for permit. This distance shall be measured from
the center line of the power producing turbine to the closest edge of the
residence. The distance may be shortened if the applicant applies for and is
granted a variance using the standards and procedures contained in Chapter 1,
Article XX-1 of this ordinance. Provided however, that the owner of an affected
residence may waive, in writing, the setback requirement for that residence. If
such a waiver is submitted to the office of the Zoning Administrator for each
residence within 2500 foot setback no variance need be obtained.
4. Operation of the facility shall not create or cause any dangerous, injurious,
noxious or otherwise objectionable condition that could adversely affect the
surrounding area or adjoining premises. Operation of the facility shall not
result in any noise louder than 58 decibels on the A-weighted decibel scale as
measured from 750 feet from the center line of the power producing turbine. A
higher decibel reading would require a variance. The Administrator shall cause
the applicant to provide information detailing possible adverse impacts and
require mitigation of the same as set forth in Chapter 1, Article VIII-1,
Section D,8-1, Provisions for Commercial and Industrial Uses.
5. The applicant, with its building permit application, shall submit and
thereafter follow a landscaping, screening and noise control plan to comply with
section 4 above. The plan’s ability to comply with section 4 shall be certified
by a licensed engineer employed by the applicant. All improvements on the
facility shall be enclosed by an appropriate security fence.
6. The applicant shall demonstrate and maintain an adequate fire protection and
fire fighting capacity, including entering into an agreement with a public
firefighting agency when the applicant’s project is within the jurisdiction of
such an agency.
7. Before a zoning permit is granted, the applicant shall hold at least two (2)
public meetings. Notice of those meetings shall be by publication in local
newspaper and by mail to property owners within one (1) mile of the proposed
facility.
2. That Chapter 1, Article VIII-1, Section 5.E.8-1, LIGHT MANUFACTURING - M1
Zone be amended to include a new Subsection 2.E.8-1(i) that shall read:
Electricity Generating Facilities
Certain types of electricity generating facilities are permitted in this zone if
in addition to the light manufacturing requirements contained in this Section
5.E.8-1, they comply with the requirements in PRIME AGRICULTURE/GRAZING A-ZONE
AG A Chapter 1, Article VIII-1, Section 1.E.8-1.
3. That Chapter 1, Article VIII-1, Section 6.E.8-1, HEAVY MANUFACTURING -M2 Zone
be amended to include a new Subsection 6.E.8-1(b) that shall read:
Electricity Generating Facilities
Certain types of electricity generating facilities are permitted in this zone if
they comply with the requirements set forth in PRIME AGRICULTURE/GRAZING A-ZONE
AG A Chapter 1, Article VIII-1, Section 1.E.8-1.
4. The Chapter 1, Article VI-1, the Official Schedule of Zoning District
Regulations be amended to include a new land use in the matrix, that of
“Electricity Generation Facilities-Solar Cell/Wind Power.” That use shall be a
permitted use in the Heavy Industrial M2, Light Industrial M1, and Agricultural
B zones and prohibited use in all other zones.
5. That Chapter 1, Article VII-1, Community Development Overlay and Area of
Critical Concern Districts, Section B.7.1 so that the Mountain Home Aquifer,
Community Development Overlay Requirement shall read:
Minimum residential lot size = 5 acres per dwelling unit within the Mountain
Home Aquifer Recharge CDO area. Technical studies shall normally be required for
all proposed development with densities greater than one (1) dwelling unit per
five (5) acres or as directed by the Elmore County Planning and Zoning
Commission. However, Elmore County reserved the right to have final
determination in this matter. All subdivision and any residential development
with a density greater than (1) dwelling unit per five (5) acres must be
connected to any approved central sewer system as a condition of approval.
Development requests will be processed through the condition use review
procedures if a potential for adverse impact on the ground or surface water
exists. Any proposed development that increases or contributes surface drainage
to the Mountain Home Reservoir will not be allowed.
This Ordinance shall be in full force and effect from and after its passage,
approval, and publication.
Dated this ____day of _______.
________________________________________
MARY EGUSQUIZA-STANEK, Chairman
________________________________________
LARRY ROSE, Commissioner
________________________________________
CALVIN IRELAND, Commissioner
ATTEST:
_________________________________________
GAIL L. BEST
Clerk of the Board of County Commissioners
The second draft “REVISION NO. 1 by James T. Carkulis” reads:
ORDINANCE NO_________
AN ORDINANCE AMENDING THE ELMORE COUNTY ZONING AND DEVELOPMENT ORDINANCE -
PROVIDING THAT CHAPTER 1, ARTICLE VIII-1, SECTION 1.E.8-1, PRIME
AGRICULTURAL/GRAZING A-ZONE AG A, CHAPTER 1, ARTICLE VIII-1, SECTION 5.E.8-1,
LIGHT MANUFACTURING - M1 ZONE AND CHAPTER 1 ARTICLE VIII-1, SECTION 6.E.8-1,
HEAVY MANUFACTURING - M2 ZONE, BE AMENDED TO ALLOW ELECTRICAL PRODUCTION BY,
SOLAR OR WIND POWER; PROVIDING FOR SETBACKS FROM RESIDENCES, NOISE LIMITS AND
OTHER MITIGATION REQUIREMENTS; ALLOWING FOR VARIANCES FROM THE SETBACK
REQUIREMENT; ALLOWING AFFECTED LANDOWNERS TO WAIVE THE SETBACK REQUIREMENT; AND
REQUIRING LANDSCAPING AND MITIGATION PLANS:
WHEREAS, The Elmore County Zoning and Development Ordinance of 1994, as amended
in 1995 and 1999 was adopted for the public health, safety and general welfare
of the citizens of Elmore County as authorized by Title 67, Chapter 65 of the
Idaho Code and Article 12, Section 2 of the Idaho Constitution;
WHEREAS, The Zoning and Development Ordinance contains a land use matrix and
zoning district regulations designating land uses and regulations within the
County;
WHEREAS, The Elmore County Planning and Zoning Commission has recommended that
the Board of Commissioners of Elmore County amend the Elmore County Zoning and
Development Ordinance to allow certain types of electrical generating facilities
in Agriculture A, Light Manufacturing and Heavy Manufacturing Zones;
WHEREAS, A public hearing was held on ______________ by the Elmore County
Commissioners of Elmore County to take public testimony on the proposed
amendment and notice of that hearing was published in the Mountain Home News on
___________ and _____________.
WHEREAS, a request to consider that action was made and testimony on the
requested ordinance change was taken on ________, and the Board voted ______ to
approve the proposal; and
WHEREAS, the proposal was passed as amended on___________ by a vote of ___, the
Board having concluded that the proposed amendment was in accordance with the
comprehensive plan and that amendments made by the Board were not material;
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ELMORE COUNTY, IDAHO, IN
LAWFUL MEETING ASSEMBLED:
That the following Sections of the Elmore County Zoning and Development
Ordinance be amended as follows:
6. That Chapter 1, Article VIII-1, Section 1.E 8-1, PRIME AGRICULTURE/GRAZING
A-ZONE AG A be amended to include a new Subsection 1.E.8-1(n) that shall read:
Electricity Generating Facilities
Certain types of electricity generating facilities are permitted in this zone.
1. The facility must only use, solar cells or wind power to produce electricity
for sale. The use of hydrocarbon-based diesel fuel is allowed only for emergency
generation of electricity for fire suppression and ramping up or winding down
the electrical output of the wind turbines. Energy storage systems may be
utilized as a component of the overall facility to enhance the operating
conditions of the energy production.
Comment: Mark, The ability to enhance the value of an intermittent source should
not be removed from consideration.
2. The owner or operator of the facility must show compliance with any
applicable statute in the Idaho Code, Idaho Public Utility Commission
Administrative Rules or decisions, and Federal Energy Regulatory Commission
rules and regulations and must operate the facility in conformance with those
same regulations. Operation not in conformance with the above regulations shall
be caused to rescind the zoning permit.
Deleted: Utility
Deleted: before receiving a zoning permit
Comment: For example, a contract with the utility need only to show compliance
at the time of commissioning, not necessarily construction.
3. Facility improvements must be at least 2,500 feet from any residence existing
at the time of the application for permit. This distance shall be measured from
the center line of the power producing turbine to the closest edge of the
residence. The distance may be shortened if the applicant applies for and is
granted a variance using the standards and procedures contained in Chapter 1,
Article XX-1 of this ordinance. Provided however, that the owner of an affected
residence may waive, in writing, the setback requirement for that residence. If
such a waiver is submitted to the office of the Zoning Administrator for each
residence within 2500 foot setback no variance need be obtained.
Comment: Mark, I would also add a provision on compliance with all Federal
Aviation Authority rules and also one whereby all required lighting requirements
be as neighbor friendly as possible.
4. Operation of the facility shall not create or cause any dangerous, injurious,
noxious or otherwise objectionable condition that could adversely affect the
surrounding area or adjoining premises. Operation of the facility shall not
result in any noise louder than 58 decibels on the A-weighted decibel scale as
measured from 750 feet from the center line of the power producing turbine. A
higher decibel reading would require a variance. The Administrator shall cause
the applicant to provide information detailing possible adverse impacts and
require mitigation of the same as set forth in Chapter 1, Article VIII-1,
Section D,8-1, Provisions for Commercial and Industrial Uses.
5. The applicant, with its building permit application, shall submit and
thereafter follow a landscaping, screening and noise control plan to comply with
section 4 above. The plan’s ability to comply with section 4 shall be certified
by a licensed engineer employed by the applicant. All improvements on the
facility site shall be properly secured from unauthorized public access and
tampering.
Comment: Mark, it would be impossible to effectively fence the entire area. The
substation is fenced according to security rules and the turbines are locked to
outside access.
Deleted: enclosed by an appropriate security fence.
6. The applicant shall demonstrate and maintain an adequate fire protection and
fire fighting capacity, including entering into an agreement with a public
firefighting agency when the applicant’s project is within the jurisdiction of
such an agency.
7. Before a zoning permit is granted, the applicant shall hold at least two (2)
public meetings. Notice of those meetings shall be by publication in local
newspaper and by mail to property owners within one (1) mile of the proposed
facility.
2. That Chapter 1, Article VIII-1, Section 5.E.8-1, LIGHT MANUFACTURING - M1
Zone be amended to include a new Subsection 2.E.8-1(i) that shall read:
Electricity Generating Facilities
Certain types of electricity generating facilities are permitted in this zone if
in addition to the light manufacturing requirements contained in this Section
5.E.8-1, they comply with the requirements in PRIME AGRICULTURE/GRAZING A-ZONE
AG A Chapter 1, Article VIII-1, Section 1.E.8-1.
3. That Chapter 1, Article VIII-1, Section 6.E.8-1, HEAVY MANUFACTURING -M2 Zone
be amended to include a new Subsection 6.E.8-1(b) that shall read:
Electricity Generating Facilities
Certain types of electricity generating facilities are permitted in this zone if
they comply with the requirements set forth in PRIME AGRICULTURE/GRAZING A-ZONE
AG A Chapter 1, Article VIII-1, Section 1.E.8-1.
4. The Chapter 1, Article VI-1, the Official Schedule of Zoning District
Regulations be amended to include a new land use in the matrix, that of
“Electricity Generation Facilities-Solar Cell/Wind Power.” That use shall be a
permitted use in the Heavy Industrial M2, Light Industrial M1, and Agricultural
B zones and prohibited use in all other zones.
The words permitted use were underlined and by condition was written in with a
question mark.
5. That Chapter 1, Article VII-1, Community Development Overlay and Area of
Critical Concern Districts, Section B.7.1 so that the Mountain Home Aquifer,
Community Development Overlay Requirement shall read:
Minimum residential lot size = 5 acres per dwelling unit within the Mountain
Home Aquifer Recharge CDO area. Technical studies shall normally be required for
all proposed development with densities greater than one (1) dwelling unit per
five (5) acres or as directed by the Elmore County Planning and Zoning
Commission. However, Elmore County reserved the right to have final
determination in this matter. All subdivision and any residential development
with a density greater than (1) dwelling unit per five (5) acres must be
connected to any approved central sewer system as a condition of approval.
Development requests will be processed through the condition use review
procedures if a potential for adverse impact on the ground or surface water
exists. Any proposed development that increases or contributes surface drainage
to the Mountain Home Reservoir will not be allowed.
This Ordinance shall be in full force and effect from and after its passage,
approval, and publication.
Dated this ____day of _______.
________________________________________
MARY EGUSQUIZA-STANEK, Chairman
________________________________________
LARRY ROSE, Commissioner
________________________________________
CALVIN IRELAND, Commissioner
ATTEST:
_________________________________________
GAIL L. BEST
Clerk of the Board of County Commissioners
Chairperson Egusquiza read a letter received on August 18, 2004 from the
Military Affairs Committee, 205 North 3rd East, Mountain Home, Idaho 83647.
August 18, 2004
Elmore County Commissioners
Elmore County Courthouse
150 South 4th East, Suite #3
Mountain Home, ID 83647
Dear Commissioners,
The Mountain Home Chamber of Commerce Military Affairs Committee made up of
local businesses and citizens of Elmore County. We request that you support the
attached proclamation that we have developed and passed by a vote of our
membership. We appreciate your support for Mountain Home Air Force Base in the
past and again call upon you to provide the language in Elmore Counties’
ordinance for Wind Turbine Generation that will protect the Air Force flight
operations. As noted in the proclamation, we oppose any wind turbines in Area
“D” and “E” and furthermore oppose any structures above 99 feet in the Airport
Terminal airspace for MHAFB and the Mountain Home Municipal airport.
Sincerely,
Mr. Jerry Rost, Chairman, Military Affairs Committee
Military Affairs Committee
Mountain Home, Idaho
Proclamation of Support for
Mountain Home Air Force Base
Whereas, the Military Affairs Committee is made up of local citizens of Mountain
Home, Idaho and Elmore County, and
Whereas, the Military Affairs Committee promotes the expansion, development and
effectiveness of Mountain Home Air Force Base and other military operations
within the state of Idaho, and
Whereas, the committee is composed of business and individual members of the
Mountain Home Chamber of Commerce who desire to promote the purposes as defined
above through both social and political action endeavors, and
Whereas, the Mountain Home Air Force Base provides an economic impact to
southwestern Idaho of over $850 million dollars.
Whereas, the Department of Defense is establishing a Base Realignment and
Closure Commission to close approximately 25 percent of all military
installations.
Whereas, the Military Affairs Committee has joined with the Governor of Idaho,
the County Commissioners of Elmore and Owyhee counties and the Mayors of the
cities of Mountain Home, and Glenns Ferry in writing letters of support for
Mountain Home Air Force Base to the Secretary of the Air Force and agree to work
and protect the base’s operations.
Whereas, this protection will continue to show support by continuing to not
allow encroachment to creep in on the base or its training range, and
Whereas, Elmore County is working to develop an ordinance to allow wind turbine
generation in Elmore County.
We the members of the Military Affairs Committee highly recommend and encourage
the Board of Commissioners of Elmore County to insure that the ordinance does
not impact or impede military training or flight operations.
Furthermore, we support wording of the ordinance for a “conditional use permit”
process that would exclude wind turbine towers within the Mountain Home Air
Force Base’s class “D” and “E” airspace and limit the height of structures in
the Airport Terminal airspace for Mountain Home Air Force Base and the Mountain
Home Municipal Airport to ninety nine feet.
Jerry Rost, Chairman, Military Affairs Committee, Mountain Home, Idaho, August
18, 2004
Special Assistant for Military Affairs
August 23, 2004
Elmore County Commissioners
Elmore County Courthouse
150 South 4th East, Suite #3
Mtn Home, ID 83647
Billy F. Richey
Spec Asst for Military Affairs
150 South 3rd East
Mountain Home, ID 83647
Dear Commissioners,
As your aware, Mountain Home Air Force Base is one of the top impacts to the
economy of Elmore County and Southwestern Idaho. Their latest economic impact
statement shows the base to have an economic impact of over $850,000,000. During
2005, the Department of Defense and the current administration is planning to
have a Base Realignment and Closure Commission and close approximately 25 per
cent of the services installations. To date the state and county have been very
supportive of our base and troops, protecting our base against encroachment and
helping the Air Force to develop one of the best training areas in the United
States. It is very important that the protection of the base and it’s training
capabilities be included in the thought process as ordinances are revised or
news ones written.
The Elmore County Planning and Zoning Commission took a good step forward in
their deliberations for an ordinance allowing wind turbine generation in all of
Elmore County. They added the requirement for it to require a conditional use
permit. This would allow the Air Force and FAA to look and comment on each
application to insure that it would not interfere with flight operations.
However, it would be better for all concerned to go ahead and include the areas
that are already known to be harmful to air operations and exclude these areas
from the permit process. Plus there are some areas that will require a height
limitation to not impact flight operations. To go ahead and put these exclusion
and limitations in the ordinance would save time and money by everyone
concerned.
Recommended Wind Turbine Ordinance Requirements:
1. Conditional Use Permit required for all wind turbine projects
2. Exclude Class D and E airspace for Mountain Home AFB
3. Limit Structure Height to 99 feet in Airport Terminal Areas
4. Define Airport Terminal Area for Mountain Home AFB and Mountain Home
Municipal Airport as: Low Altitude Region (KM00165) ANM ID E5 Mountain Home (see
attached chart)
5. Require TERP’s Review
Sincerely,
BILLY F. RICHEY, Special Assistant for Military Affairs
Attachments:
1. MHAFB Economic Impact Statement, FY 03
2. Airspace Chart
Commissioner Rose asked Mr. Richardson about a letter from Mr. Carkulis, Exergy
Corp, regarding rescinding the height restrictions dated April 7th that was
submitted from our Growth and Development Department. Mr. Richardson had no
knowledge of the letter and briefly reviewed it. Mr. Richardson stated that if
you pass this ordinance, there is a process for evaluating each application and
it would be best to let that happen on an individual basis. The letter
referenced above was specific to a certain location.
Chairperson Egusquiza asked if there was any more testimony. There being no
answer the hearing was closed. The Commissioners commented on the lack of
interest.
Motion by Egusquiza, second by Ireland, to adjourn.
EGUSQUIZA - AYE
ROSE - AYE
IRELAND - AYE Motion carried and so ordered.
/S/ MARY EGUSQUIZA, Chairperson
ATTEST: /S/ GAIL L. BEST, Clerk
