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pollution</title></head><body>
<div>Jeff,</div>
<div><br></div>
<div>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?</div>
<div><br></div>
<div>Mark</div>
<div><br></div>
<div>At 12:32 PM -0800 1/23/06, Jeff Harkins wrote:</div>
<blockquote type="cite" cite>Mark,<br>
<br>
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. <i><b> All of the elements of
planning</b></i> 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.<br>
<br>
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. <br>
<br>
Is is possible that we are in agreement on this?<br>
<br>
At 10:43 AM 1/23/2006, you wrote:<br>
<blockquote type="cite" cite>Jeff,<br>
<br>
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?<br>
<br>
Mark<br>
<br>
At 10:33 AM -0800 1/23/06, Jeff Harkins wrote:<br>
<blockquote type="cite" cite>Mark,<br>
<br>
I think I answered your question quite clearly:<br>
<br>
<tt>Yes, there are numerous examples. But the predominant case
for local<br>
land use planning is the safety and health of the residents.<br>
<br>
</tt>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:<br>
<br>
<tt>to conduct a comprehensive planning process designed to prepare,
implement, and review and update a comprehensive plan, hereafter
referred to as the plan.</tt>.<br>
<br>
The primary components of the planning process are, as you properly
cite:<br>
<br>
<tt><x-tab> </x-tab> a) Property
Rights -- An analysis of provisions which may be necessary<br>
to insure that land use policies, restrictions, conditions and fees do
not<br>
violate private property rights, adversely impact property values or
create<br>
unnecessary technical limitations on the use of property and analysis
as<br>
prescribed under the declarations of purpose in chapter 80, title 67,
Idaho<br>
Code.<br>
(b) Population -- A population analysis of
past, present, and future<br>
trends in population including such characteristics as total
population, age,<br>
sex, and income.<br>
(c) School Facilities and Transportation --
An analysis of public school<br>
capacity and transportation considerations associated with future
development.<br>
(d) Economic Development -- An analysis of
the economic base of the area<br>
including employment, industries, economies, jobs, and income
levels.<br>
(e) Land Use -- An analysis of natural land
types, existing land covers<br>
and uses, and the intrinsic suitability of lands for uses such as
agriculture,<br>
forestry, mineral exploration and extraction, preservation,
recreation,<br>
housing, commerce, industry, and public facilities. A map shall be
prepared<br>
indicating suitable projected land uses for the jurisdiction.<br>
(f) Natural Resource -- An analysis of the
uses of rivers and other<br>
waters, forests, range, soils, harbors, fisheries, wildlife, minerals,
thermal<br>
waters, beaches, watersheds, and shorelines.<br>
(g) Hazardous Areas -- An analysis of known
hazards as may result from<br>
susceptibility to surface ruptures from faulting, ground shaking,
ground<br>
failure, landslides or mudslides; avalanche hazards resulting from
development<br>
in the known or probable path of snowslides and avalanches, and
floodplain</tt></blockquote>
<blockquote type="cite" cite><tt>hazards.<br>
(h) Public Services, Facilities, and
Utilities -- An analysis showing<br>
general plans for sewage, drainage, power plant sites, utility
transmission<br>
corridors, water supply, fire stations and fire fighting equipment,
health and<br>
welfare facilities, libraries, solid waste disposal sites, schools,
public<br>
safety facilities and related services. The plan may also show
locations of<br>
civic centers and public buildings.<br>
(i) Transportation -- An analysis, prepared
in coordination with the<br>
local jurisdiction(s) having authority over the public highways and
streets,<br>
showing the general locations and widths of a system of major
traffic<br>
thoroughfares and other traffic ways, and of streets and the
recommended<br>
treatment thereof. This component may also make recommendations on
building<br>
line setbacks, control of access, street naming and numbering, and a
proposed<br>
system of public or other transit lines and related facilities
including<br>
rights-of-way, terminals, future corridors, viaducts and grade
separations.<br>
The component may also include port, harbor, aviation, and other
related<br>
transportation facilities.<br>
(j) Recreation -- An analysis showing a
system of recreation areas,<br>
including parks, parkways, trailways, river bank greenbelts,
beaches,<br>
playgrounds, and other recreation areas and programs.<br>
(k) Special Areas or Sites -- An analysis of
areas, sites, or structures<br>
of historical, archeological, architectural, ecological, wildlife, or
scenic<br>
significance.<br>
(l) Housing -- An analysis of housing
conditions and needs; plans for<br>
improvement of housing standards; and plans for the provision of
safe,<br>
sanitary, and adequate housing, including the provision for
low-cost<br>
conventional housing, the siting of manufactured housing and mobile
homes in<br>
subdivisions and parks and on individual lots which are sufficient to
maintain<br>
a competitive market for each of those housing types and to address
the needs<br>
of the community.<br>
(m) Community Design -- An analysis of needs
for governing landscaping,<br>
building design, tree planting, signs, and suggested patterns and
standards<br>
for community design, development, and beautification.<br>
(n) Implementation -- An analysis to
determine actions, programs,<br>
budgets, ordinances, or other methods including scheduling of
public<br>
expenditures to provide for the timely execution of the various
components of<br>
the plan.<br>
<br>
</tt>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.<br>
<br>
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.<br>
<br>
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.<br>
<br>
I would very much like to know what their population analysis is and
the assumptions they made about it and drew from it.<br>
<br>
I would very much like to know what their assessment of school needs
is and what it is based on.<br>
<br>
I would very much like to know what their conclusions for economic
development are and what they are based on.</blockquote>
<blockquote type="cite" cite><br>
I would very much like to know what their conclusions for land use are
and what they are based on ....<br>
<br>
... and on and on and on.<br>
<br>
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.<br>
<br>
During my participation at the planning commission meetings, there
have been<i><b> no charts</b></i>,<i><b> no maps</b></i>,<i><b> no
population demographics</b></i>,<i><b> no economic
demographics</b></i>,<i><b> no studies or reports of any kind</b></i>
made available to the public.<br>
<br>
<i><b>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.</b></i><br>
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<blockquote type="cite" cite><br>
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