[Vision2020] RE: lighting pollution
Mark Solomon
msolomon at moscow.com
Mon Jan 23 13:18:58 PST 2006
Jeff,
We are both in agreement that Phil knows more
about the mining industry than you and I ever
will. But you're still avoiding answering the
question: is it appropriate or not appropriate to
regulate a business for effects off-site that may
not have identifiable safety or health issues
such as noise or lighting?
Mark
At 12:32 PM -0800 1/23/06, Jeff Harkins wrote:
>Mark,
>
>Of course, for an industrial mining operation,
>one would be foolish not to consider the
>tradeoffs (benefits and costs to be more
>precise) of the business operation. All of the
>elements of planning as cited in 67.6508 should
>be considered and analyzed. And analysis
>requires more than conjecture, opinion and
>feelings as a basis for judgment.
>Fundamentally, it requires knowledge.
>
>For example, I have been very impressed with the
>degree of knowledge and reason that Phil Nesbitt
>brings to the table - particularly on questions
>pertaining to the extractive industry. While I
>have questions about the application of some of
>his findings (just some), I know that he has
>done his homework on the science of the issues.
>He looks at issues from reason and knowledge and
>bases his recommendations and conclusions on
>those findings. Our local planning process
>would benefit greatly from the application of
>that concept.
>
>Is is possible that we are in agreement on this?
>
>At 10:43 AM 1/23/2006, you wrote:
>
>>Jeff,
>>
>>Let me be more specific then. Would you
>>consider regulating of a business operation,
>>such as a rock pit, a matter of public health
>>and safety on the issues of hours of operation,
>>noise and lights?
>>
>>Mark
>>
>>At 10:33 AM -0800 1/23/06, Jeff Harkins wrote:
>>
>>>Mark,
>>>
>>>I think I answered your question quite clearly:
>>>
>>>Yes, there are numerous examples. But the predominant case for local
>>>land use planning is the safety and health of the residents.
>>>
>>>But you raise one of my major points of
>>>concern about our local planning commission
>>>and that is their fulfillment of the primary
>>>duty to:
>>>
>>>to conduct a comprehensive planning process
>>>designed to prepare, implement, and review and
>>>update a comprehensive plan, hereafter
>>>referred to as the plan..
>>>
>>>The primary components of the planning process are, as you properly cite:
>>>
>>> a) Property Rights -- An analysis of
>>>provisions which may be necessary
>>>to insure that land use policies, restrictions, conditions and fees do not
>>>violate private property rights, adversely impact property values or create
>>>unnecessary technical limitations on the use of property and analysis as
>>>prescribed under the declarations of purpose in chapter 80, title 67, Idaho
>>>Code.
>>> (b) Population -- A population analysis of past, present, and future
>>>trends in population including such
>>>characteristics as total population, age,
>>>sex, and income.
>>> (c) School Facilities and Transportation
>>>-- An analysis of public school
>>>capacity and transportation considerations
>>>associated with future development.
>>> (d) Economic Development -- An analysis
>>>of the economic base of the area
>>>including employment, industries, economies, jobs, and income levels.
>>> (e) Land Use -- An analysis of natural land types, existing land covers
>>>and uses, and the intrinsic suitability of
>>>lands for uses such as agriculture,
>>>forestry, mineral exploration and extraction, preservation, recreation,
>>>housing, commerce, industry, and public facilities. A map shall be prepared
>>>indicating suitable projected land uses for the jurisdiction.
>>> (f) Natural Resource -- An analysis of the uses of rivers and other
>>>waters, forests, range, soils, harbors,
>>>fisheries, wildlife, minerals, thermal
>>>waters, beaches, watersheds, and shorelines.
>>> (g) Hazardous Areas -- An analysis of known hazards as may result from
>>>susceptibility to surface ruptures from faulting, ground shaking, ground
>>>failure, landslides or mudslides; avalanche
>>>hazards resulting from development
>>>in the known or probable path of snowslides and avalanches, and floodplain
>>>hazards.
>>> (h) Public Services, Facilities, and Utilities -- An analysis showing
>>>general plans for sewage, drainage, power plant sites, utility transmission
>>>corridors, water supply, fire stations and
>>>fire fighting equipment, health and
>>>welfare facilities, libraries, solid waste disposal sites, schools, public
>>>safety facilities and related services. The plan may also show locations of
>>>civic centers and public buildings.
>>> (i) Transportation -- An analysis, prepared in coordination with the
>>>local jurisdiction(s) having authority over the public highways and streets,
>>>showing the general locations and widths of a system of major traffic
>>>thoroughfares and other traffic ways, and of streets and the recommended
>>>treatment thereof. This component may also make recommendations on building
>>>line setbacks, control of access, street
>>>naming and numbering, and a proposed
>>>system of public or other transit lines and related facilities including
>>>rights-of-way, terminals, future corridors, viaducts and grade separations.
>>>The component may also include port, harbor, aviation, and other related
>>>transportation facilities.
>>> (j) Recreation -- An analysis showing a system of recreation areas,
>>>including parks, parkways, trailways, river bank greenbelts, beaches,
>>>playgrounds, and other recreation areas and programs.
>>> (k) Special Areas or Sites -- An analysis
>>>of areas, sites, or structures
>>>of historical, archeological, architectural, ecological, wildlife, or scenic
>>>significance.
>>> (l) Housing -- An analysis of housing conditions and needs; plans for
>>>improvement of housing standards; and plans for the provision of safe,
>>>sanitary, and adequate housing, including the provision for low-cost
>>>conventional housing, the siting of manufactured housing and mobile homes in
>>>subdivisions and parks and on individual lots
>>>which are sufficient to maintain
>>>a competitive market for each of those housing
>>>types and to address the needs
>>>of the community.
>>> (m) Community Design -- An analysis of needs for governing landscaping,
>>>building design, tree planting, signs, and suggested patterns and standards
>>>for community design, development, and beautification.
>>> (n) Implementation -- An analysis to determine actions, programs,
>>>budgets, ordinances, or other methods including scheduling of public
>>>expenditures to provide for the timely
>>>execution of the various components of
>>>the plan.
>>>
>>>I have been attending Planning Commission
>>>meetings for over a year now as they have
>>>plodded through the proposed changes to the
>>>Comprehensive Long Range Plan. In virtually
>>>every meeting, one or more attendees have
>>>raised the question - why are you doing this?
>>>what is your objective? what is the problem
>>>you are trying to resolve. In not one single
>>>meeting has a planning commission member
>>>reached into a file, briefcase or drawer to
>>>produce a copy of an analysis of any kind.
>>>Not once. This group has not provided
>>>evidence of an analysis that includes any of
>>>the required analysis units - despite repeated
>>>requests. This would seem to be in conflict
>>>with the requirements of 67.6508.
>>>
>>>I think that this is the primary reason that
>>>this particular proposed ordinance has met
>>>with such resistance. The Planning Commission
>>>has taken several positions on issues,
>>>presumably based on their personal knowledge,
>>>experience and beliefs, instead of providing
>>>an analysis of issues, with the results
>>>available in writing for review. And they
>>>have certainly not reduced their findings to
>>>writing to allow review or dialogue about
>>>their analyses supporting their findings.
>>>
>>>Coincidentally, the makeup of the committee
>>>did not have a representative for the farming
>>>sector for the full year. The group that would
>>>be most impacted by the proposed ordinance was
>>>not even represented on the Commission.
>>>
>>>I would very much like to know what their
>>>population analysis is and the assumptions
>>>they made about it and drew from it.
>>>
>>>I would very much like to know what their
>>>assessment of school needs is and what it is
>>>based on.
>>>
>>>I would very much like to know what their
>>>conclusions for economic development are and
>>>what they are based on.
>>>
>>>I would very much like to know what their
>>>conclusions for land use are and what they are
>>>based on ....
>>>
>>>... and on and on and on.
>>>
>>>As an example of how the process has worked,
>>>when asked on direct questioning why they took
>>>the particular approach they did to regulate
>>>an activity, their response was, "Well we
>>>received a letter stating that we should do
>>>this" They talked about it and thought it was
>>>a "good idea" and drafted that provision of
>>>the ordinance. For example, by their own
>>>statements, they acknowledge that the lighting
>>>ordinance was the result of input from one
>>>citizen - Mr Stu Goldstein. If there was an
>>>analysis of the neede for the lighting
>>>ordinance, they have not made it available to
>>>the public.
>>>
>>>During my participation at the planning
>>>commission meetings, there have been no
>>>charts, no maps, no population demographics,
>>>no economic demographics, no studies or
>>>reports of any kind made available to the
>>>public.
>>>
>>>Mark - Thank you for bringing the elements of
>>>the planning process to light. This may
>>>provide a means by which future proposals for
>>>changes to the Long-Range Comprehensive Plan
>>>are conducted in accordance with all the
>>>applicable provisions of the planning process.
>>>It may also help to refocus everyone on the
>>>appropriate elements to consider as we
>>>conclude consideration of the changes pending
>>>now.
>>>
>>
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