COMMISSIONERS MINUTES                                April 8, 2009

The Commissioners met in special session on the above date in the Commissioners Room, basement of the Elmore County Courthouse, 150 South 4th East, Mountain Home, Idaho.

Present at the meeting were Chairman Larry Rose, Commissioners Arlie Shaw and Connie Cruser. Also present was Deputy Clerk Barbara Steele, Civil Attorney Buzz Grant, Growth and Development Director Bonnie Sharp and Planning and Zoning Commission Chairman Nick Nettleton.

A work session was held on the proposed Elmore County Zoning and Development Ordinance.

Suggested changes from the Growth and Development Department were discussed.

Two definitions, Industrial/Manufacturing Use, Heavy and Industrial/Manufacturing Use, Light were added.

Industrial/Manufacturing Use, Heavy will read: Refers to the manufacture, processing and testing of goods and materials or products predominately from extracted or raw materials, or a use engaged in storage of such materials. Heavy Industrial includes manufacturing processes that use flammable or explosive materials, or storage of materials that potentially involve hazardous or commonly recognized offensive conditions. Heavy Industrial uses include those uses which require large amounts of water or where the by-products of such use such as noise, smoke, odor, glare, gas, or heavy vehicle use are present or generated. (The underlined portion was added as suggested by Civil Attorney Grant. )

Industrial/Manufacturing Use, Light will read: Refers to the manufacture, processing, and testing of goods and materials from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products. Light Industrial includes uses and operations that do not directly adversely affect nearby land uses. Light Industrial uses include a wide variety of enterprises that do not cause noxious odors or noise or use large amounts of water.

The mining classification was discussed. The proposed ordinance will require a conditional use permit for mining in Ag. Grandfathered property was discussed.

Energy options were discussed. Geothermal was reviewed and will not be included at this time.

Required findings were reviewed. Twelve findings instead of ten will be required.

1. The proposed use shall, in fact constitute a Conditional Use Permit as determined in Chapter 8, Table 6-8-11 ( C), Elmore County Land Use Table, as contained in this Ordinance;

2. The proposed use shall be in harmony with and in accordance with the Elmore County Comprehensive Plan and this Ordinance (Title 6);
3. The proposed use complies with the purpose statement of the applicable base zone and with the specific use standards as set forth in this Chapter;

4. The proposed use shall comply with all applicable County Ordinances;

5. The proposed use shall comply with all applicable State and Federal regulations;

6. The proposed us shall be designed, constructed, operated, and maintained in such a way as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity; and that such use shall not change the essential character of said area;

7. The proposed use shall not be hazardous or disturbing to existing neighboring uses or impede their normal development;

8. The proposed use shall be served adequately by available public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer, or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services;

9. The proposed use shall not create excessive additional requirements at public cost for public facilities and services and the proposed use shall not be detrimental to the economic welfare of the County;

10. The proposed use shall not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;

11. The proposed use shall have vehicular approaches which shall be so designed as not to create an interference with traffic on surrounding public or private roadways;

12. The proposed use shall not result in the destruction, loss or damage of a natural or scenic feature of major importance.

In Chapter 2, under Hazardous Waste or Material it reads: A. 2. and 3. It should read 1. 2. and 3.

In Chapter 8, page 3 of 136, under 6-8-97 it was changed to read Energy Production (<25kW), Home Use.

Table 6-8-11 (C), Elmore County Land Use Table, the following abbreviations apply: Allowed Use (AU), Administrative (AA), Conditional (C), Planned Community (PC) and Prohibited Land Use (X).

The following changes were made to the Land Use Table:

Brewery or Distillery, under M2 the allowed use was changed from AU to C.
Cabinet Manufacturing, under M2 the allowed use was changed from AU to C.
Composting Facility, Commercial, under M2 the allowed use was changed from AU to C.
Concrete Batch Plant, under M2 the allowed use was changed from AU to C.
Contractors Yard, under M2 the allowed use was changed from AU to C.
Dairy Products Processing, under M2 the allowed use was changed from AU to C.
Energy Production (<25kW), Home Use, under Ag the allowed use was changed from C to AU, under REC it was changed from X to AU, under RR/MU it was changed from X to AU, under M1 it was changed from C to X, and under M2 it was changed from C to X.
Energy Production Facilities, under Ag the allowed us was changed from C to X, under M1 it was changed from C to X.
Equipment Rental-Sales Yard Including Farm Equipment, under M2 the allowed use was changed from AU to C.
Food Processing and Packaging Plant, under M2 the allowed use was changed from AU to C.
Freight or Truck Terminal, under M2 the allowed use was changed from AU to C.
Furniture Refinishing, under M2 the allowed use was changed from AU to C.
A new line was added for Industrial/Manufacturing Facility, Heavy which lists Ag as an X, REC as an X, RR/MU as an X, C1 as an X, C2 as an X, M1 as an X, M2 as a C, PAZ as an X, ABHZ as an X and ACZ as an X.
A new line was added for Industrial/Manufacturing Facility, Light which lists Ag as an X, REC as an X, RR/MU as an X, C1 as an X, C2 as a C, M1 as a C, M2 as a C, PAZ as a C, ABHZ as an X, and ACZ as an X.
Lumber Yard-Retail/Wholesale, under M2 the allowed use was changed from AU to C.
Machine Shop, under M2 the allowed use was changed from AU to C.
Office, Temporary Construction, under M2 the allowed use was changed from AA to C.
Sawmill or Planing Mill, under M2 the allowed use was changed from AU to C.
Tower, Antenna or Structure, Commercial, under M2 the allowed use was changed from AA to C.
Truck and Trailer Stop and/or Wash, under M2 the allowed use was changed from AA to C.
Wireless Communication Facility, under M2 the allowed use was changed from AA to C.
Wrecking Yard, under M2 the allowed use was changed from AA to C.

The following was added: Chapter 8, page 96 of 136, Section 6-8-134: Industrial/Manufacturing Facility, Heavy:

A. A facility that manufactures, processes, and tests goods and materials predominately from extracted or raw materials, or a use engaged in storage of such materials shall be considered a heavy industrial/manufacturing facility.

The following was added: Chapter 8, page 96 of 136, Section 6-8-135: Industrial/Manufacturing Facility, Light:

A. A facility that manufactures, processes, and tests goods and materials from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products shall be considered a light industrial/manufacturing facility.

Chapter 8, page 96 of 136, Section 6-8-134 (Junkyard or Automobile Wrecking Yard) will be changed to read 6-8-136, which will also affect all the sections that follow, they will be re-numbered.

Chapter 17, page 6, E, 3a will read: a. Private roads shall be completed within two (2) years following the acceptance and approval of the roadway design by the Growth and Development Department. The roadway design will be submitted to the Growth and Development Department by a licensed engineer.

Ag A and Ag B was addressed. Combining the two in the new proposed ordinance was discussed. Mr. Nettleton explained there is very little difference in the two classifications and that is why they are being combined into one classification.

The Commissioners have accepted the suggested changes from the Planning and Zoning Commission and Growth and Development Department. Prosecutor Schindele and Civil Attorney Grant will review the changes and a public hearing has been set for May 4, 2009 at 6:00 p.m.

The Cell Tower lease at the Fair grounds between Elmore County and New Cingular Wireless PCS, LLC, was signed and will be voted on at the April 13, 2009 meeting, then mailed to New Cingular Wireless.

Commissioner Cruser stated she had received a report from the hospital on the ambulance runs since Elmore Medical Center has taken over the ambulance service.

Motion by Shaw, second by Cruser, to adjourn.
ROSE - AYE
SHAW - AYE
CRUSER - AYE Motion carried and so ordered.

/S/ LARRY E. ROSE, Chairman
ATTEST: /S/ MARSA GRIMMETT, Clerk