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Home My Public Portal AboutMinutes_Planning & Zoning Meeting_08122009PLANNING AND ZONING COMMISSION MEETING AND PUBLIC HEARING AUGUST 12, 2009 6:30 P.M. AT THE COMMUNITY CENTER PRESENT: Chairman Adrian Beazer, Members; Bruce Case, Lance Ellis, City Clerk Robyn Keyes. ABSENT: Roy Hobbs VISITORS: Dan Garren. PZ Chairman Beazer welcomed everyone and led the Pledge of Allegiance. Minutes. The minutes were reviewed. PZ member Case made a motion to approve the minutes. PZ member Ellis seconded the motion. All were in favor. Motion carried. Minutes approved PZ chairman Beazer introduced Dan Garren and explained that Mr. Garren had been invited to join the Planning and Zoning Commission. Mr. Garren told about himself, and explained that he worked for the Department and Fish and Game, and had an interest in the community and its development. Chicken ordinance. PZ member Ellis went over the ordinance drafted by the City Attorney, and made further recommendations for the Council. The Commission members would like the ordinance to allow 1/3 of an acre for chickens and they are not in favor of allowing frying hens due to the mess and waste produced, and the need to dispose of that waste properly. The PZ members removed Llama from the animal units and concluded that must have been a typographical error by the Attorney. PZ member Ellis suggested adding goats to the animal units since many people already had goats. PZ member Case agreed that goats either needed to be added, or ask the homeowners to remove their goats. PZ member Case was not sure if adding goats would require another public hearing, and decided the issue needed to be addressed. PZ member Ellis suggested removing the term "fowl" from the ordinance since fowl could also mean other types of birds. PZ member Ellis also suggested changing the term "domestic hens" to "domestic female chickens" for the same reason, and adding the term "no roosters" PZ member Case agreed that the keeping of chickens should be a conditional use as suggested by the Attorney. Windmill ordinance. PZ chairman Beazer suggested the City adopt Bonneville County's windmill ordinance. Set back requirements were discussed and the Commission agreed that the County's requirement of 60 feet from other utility lines and out buildings was adequate. Chairman Beazer said he would continue to work on a draft for the City. 1 PZ chairman Beazer said he would like to gather input from the community regarding residential windmill use. The chairman asked Clerk Keyes to put a notice in the newsletter that the Planning and Zoning Commission would like to invite public comment regarding the issue during the next planning and zoning meeting in September. Swales. PZ member Ellis said he would like to establish some clear guidelines for material allowed within the swales besides grass and gravel. PZ member Ellis said many people were putting decorator river rock and trees in the swales and did not see the harm in doing so as long as the utility lines underneath were not disturbed and the homeowner knew that the City was not responsible for any damage to the material if the utilities needed to be accessed. Clerk Keyes brought up the issue of trees and ownership, since the swale was City property. PZ member Case suggested getting the input from the Public Works Supervisor before going any further with the issue. PZ member Case said that all of the new developments were using curb and gutter and that swales were not being used anymore. PZ member Case thanked the other Commission members for their time and said he had enjoyed his time on the Planning and Zoning board. Clerk Keyes thanked PZ ember Case for all of his hard work and dedication to the Commission, and said that he had made a positive impact within the community. PZ member Case made a motion to adjourn. PZ chairman Beazer seconded the motion. A11 were in favor. Adjourned 7:55 p.m. Z 2 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF BONNEVILLE, STATE OF IDAHO IN RE: An application to amend the text of the (FINDINGS Bonneville County Zoning Ordinance (AND DECISION ( This matter comes before the Bonneville County, Commissioners as an application to amend the text of the Bonneville County Zoning Ordinance. The request is being proposed by the County as a general amendment to the Ordinance. The Planning and Zoning Board heard this matter of the wind tower on November 19, 2008 and the matter of the SC-1 Zone on October 22, 2008 and recommended approval of the changes as drafted. The County Commissioners heard these matters on December 16, 2008. After having reviewed the testimony, the. recommendations of the Planning and Zoning Board, the Zoning Ordinance, and the Comprehensive Plan the Commissioners find that it is in the best interest of the county to make the following changes. Amending Section 1-1903 (40) Child care nurseries for temporary care of small children while parents are shopping in the center. To read as follows: Section 1-3118 (40) , Daycare centers and group daycare facilities. Adding Section 1-443 Wind Generation Facilities. To read as follows: Section .1-443. WIND GENERATION FACILITIES 1. PURPOSE. Bonneville County recognizes the increased demand for alternative energy generating facilities and the need for moreinexpensive power that wind turbine facilities may provide. The purpose of these supplemental regulations is to protect the community's interest in properly siting wind turbine towers in a manner consistent with sound land use planning, while also allowing private and commercial providers to meet their power generating objectives. 2. PERMITTED AND PROHIBITED USES. A. Private Pole mounted non -guyed Wind Turbine Towers are permitted in all zones. B. Commercial Wind Power Generating Facilities are permitted upon granting of a special use permit within the A-1 Agricultural, G-1 Grazing Zones, all industrial Zones and Commercial Zones. 3. ADDITIONAL STANDARDS: USE PERMIT CRITERIA. No permit shall be granted for a Private Wind Turbine Tower or Commercial Wind Power Generating Facilities unless it is determined thdt the proposed use meets all of the following criteria: A. Maximum tower height for priv to wind turbines shall be 60 feet to the top of the blades. B. The minimum required setback distance between each Wind Turbine Tower and all surrounding property lines, overhead utility lines, shall be no less than the tower height plus the rotor radius plus 10' unless Page 1 P & Z Ordinance December 16, 2008 Amendments extended by an easement for fall distance and waiver of decibel level is recorded. The recorded easement cannot be used to adjust the minimum acreage requirement. C. The minimum distance between the ground and any part of the rotor blade system shall be 20 feet. D. Wind Turbine Tower facilities shall be located with relation to property lines so that the level of noise produced during any wind turbine operation shall not exceed 45 dba, measured at the boundaries of all adjacent parcels that are owned by non -site owner or at any point past the property line. E. Minimum site area. Private wind turbine towers shall be allowed only on lands with a minimum lot area of one acre. A maximum of three towers will be allowed per parcel with. an acre required for each tower. F. All wind turbines must have an automatic braking, governing, or feathering system to prevent uncontrolled rotation creating excessive pressure on the tower structure, rotor blades, and turbine components. G. All power transmission lines from the Wind Turbine Tower to the on -site electrical panels shall be underground. H. Procedures for emergency shutdown of power generation units shall be established and posted prominently and permanently within three feet of the meter panel. I. No experimental, homebuilt, or prototype wind turbines shall be allowed without submitting documentation of their maximum probable blade throw distance in the event of failure and setback an appropriate distances based on that documentation. J. No Wind Turbine Tower facilities shall be installed in any location where its proximity with an existing microwave communications link, an existing fixed broadcast, retransmission, or reception antenna (including residential reception antenna) for radio, television, or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception. K. Compliance with Building Code: Building permit applications for wind energy systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of the tower showing compliance with the Building Code and certified by a licensed professional engineer shall also be submitted. L. Compliance with National Electric Code: Building permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code. This information is frequently supplied by the manufacturer. . M. Utility Notification: No small wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer -owned turbine. N. Use of nighttime, and overcast daytime condition, strobe lighting to satisfy tower facility lighting requirements for the FAA shall be required. Towers over sixty feet in height shall have steady on white and red lighting. O. Wind measurement for Commercial Generating facilities. A wind study using an anemometer shall be performed for the five -month prime wind period of May to September at the proposed site prior to the hearing application filing. Any certified study within a one-half mile distance of the proposed installation shall meet the requirements of this Section. 4. LIABILITY INSURANCE Commercial towers only. Prior to issuance of a Building Permit for a Wind Turbine Tower and continuing after construction until such facility is removed from the site, the applicant shall provide documentation satisfactory to the county and at such reasonable intervals as determined by the county of the existence of liability insurance coverage with $1,000,000 limit, for property damage, injury or death resulting from the construction, placement, use, maintenance, operation of a Wind Generation Facility, by the owner of the Site. Page 2 P & Z Ordinance December 16, 2008 Amendments ' 5. REMOVAL OF OBSOLETE WIND TURBINE FACILI'1IES. A. Obsolete or unused wind turbines and accessory structures shall be removed from any site within six months of the discontinuance of the use thereof. Owner of the site shall notify the county in writing within thirty (30) days of the discontinuance of the use of such Turbine Tower or facility. Failure to notify and/or remove the obsolete or unused tower or facility in accordance with these regulations shall be a violation of this law. The county may remove such facilities after 180 days and treat the cost as a tax lien on the. property. 6. PERMIT AND SITE PLAN PROCEDURES/SUBMITTAL REQUIREMENTS. A. Private Wind Turbines must submit documentation showing that they comply with the above requirements. B. Commercial Generating facilities shall provide a digital elevation model -based project visibility map showing the impact of topography upon visibility of the project from other locations throughout the region, to a distance of 5 miles from the center of the project. The scale used shall depict a 3-mile radius no smaller than 2.7 inches, and the base map shall be a published topographic map showing cultural features and other landmarks. C. Color photographs, at least 3 inches x 5 inches, taken from several locations within a three-mile radius of the boundaries of the commercial facility site, shall be provided. Said photographs shall be computer enhanced to simulate the appearance of the as -built aboveground site facilities as such would appear from said locations. 7. Wind access claims against adjacent parcels. Unless a prior wind access easement has been acquired claims cannot be filed against neighbors for obstructing wind, based on either current or future improvements on their parcels. After consideration of the proposed December 16, 2008 changes to the zoning ordinance the Bonneville County Commissioners approve the above changes to the Bonneville County Zoning Ordinance and it chall become effective upon publication thereof. Passed by the Bonneville County Board Of Commissioners January 29, 2009. LE COUNTY COMMISSIONERS lui� - � yi , " rit dford 'ifer Page 3 P & Z Ordinance December 16, 2008 Amendments THE PLANNING AND ZONING COMMISSION MEETS THE SECOND WEDNESDAY OF EACH MONTH AT 6:30 P.M. AT THE COMMUNITY CENTER LOCATED AT 3548 NORTH MAIN STREET, IONA. 2009 SCHEDULE AS FOLLOWS: JANUARY 14TH FEBRUARY 11 TH MARCH 11 TH APRIL 8TH MAY 13 TH JUNE 10TH JULY 8TH AUGUST 12TH SEPTEMBER 9TH OCTOBER 14TH NOVEMBER 41 H DECEMBER 9TH