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S1276........................................by STENNETT, MARLEY, MALEPEAI,
WERK, KELLY, LANGHORST, BURKETT - THERMAL GENERATION POWER PLANTS - Amends
existing law to provide that in the case of an ordinance amendment or
special use permit involving the location of a thermal generation power
plant with a nameplate capacity of 50 megawatts or greater, the residents
of counties immediately adjoining the county where the thermal generation
power plant is proposed to be located shall be given notice of the proposed
ordinance change or proposed special use permit.
01/19 Senate intro - 1st rdg - to printing
01/20 Rpt prt - to Loc Gov
02/02 Rpt out - rec d/p - to 2nd rdg
02/03 2nd rdg - to 3rd rdg
02/08 3rd rdg - PASSED - 26-8-1
AYES -- Andreason, Bunderson, Burkett, Cameron, Coiner, Compton,
Corder, Darrington, Davis, Fulcher, Gannon, Goedde, Hill, Kelly,
Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie,
Schroeder, Stegner, Stennett, Werk
NAYS -- Broadsword, Burtenshaw, Geddes, Jorgenson, Pearce,
Richardson, Sweet, Williams
Absent and excused -- Brandt
Floor Sponsors - Stennett & Corder
Title apvd - to House
02/09 House intro - 1st rdg - to Loc Gov
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1276
BY STENNETT, MARLEY, MALEPEAI, WERK, KELLY, LANGHORST, BURKETT
1 AN ACT
2 RELATING TO THE LOCAL PLANNING ACT; AMENDING SECTION 67-6511, IDAHO CODE, TO
3 PROVIDE THAT, IN THE CASE OF AN ORDINANCE AMENDMENT INVOLVING THE LOCATION
4 OF A THERMAL GENERATION POWER PLANT WITH A NAMEPLATE CAPACITY OF FIFTY
5 MEGAWATTS OR GREATER, THE RESIDENTS OF COUNTIES IMMEDIATELY ADJOINING THE
6 COUNTY WHERE THE THERMAL GENERATION POWER PLANT IS PROPOSED TO BE LOCATED
7 SHALL BE GIVEN NOTICE OF THE PROPOSED ORDINANCE CHANGE; AMENDING SECTION
8 67-6512, IDAHO CODE, TO PROVIDE THAT, IN THE CASE OF A SPECIAL USE PERMIT
9 INVOLVING THE LOCATION OF A THERMAL GENERATION POWER PLANT WITH A
10 NAMEPLATE CAPACITY OF FIFTY MEGAWATTS OR GREATER, THE RESIDENTS OF COUN-
11 TIES IMMEDIATELY ADJOINING THE COUNTY WHERE THE THERMAL GENERATION POWER
12 PLANT IS PROPOSED TO BE LOCATED SHALL BE GIVEN NOTICE OF THE PROPOSED SPE-
13 CIAL USE PERMIT; AND DECLARING AN EMERGENCY.
14 Be It Enacted by the Legislature of the State of Idaho:
15 SECTION 1. That Section 67-6511, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 67-6511. ZONING ORDINANCE. Each governing board shall, by ordinance
18 adopted, amended, or repealed in accordance with the notice and hearing proce-
19 dures provided under section 67-6509, Idaho Code, establish within its juris-
20 diction one (1) or more zones or zoning districts where appropriate. The zon-
21 ing districts shall be in accordance with the policies set forth in the
22 adopted comprehensive plan.
23 Within a zoning district, the governing board shall where appropriate,
24 establish standards to regulate and restrict the height, number of stories,
25 size, construction, reconstruction, alteration, repair or use of buildings and
26 structures; percentage of lot occupancy, size of courts, yards, and open
27 spaces; density of population; and the location and use of buildings and
28 structures. All standards shall be uniform for each class or kind of buildings
29 throughout each district, but the standards in one (1) district may differ
30 from those in another district.
31 Ordinances establishing zoning districts shall be amended as follows:
32 (a) Requests for an amendment to the zoning ordinance shall be submitted
33 to the zoning or planning and zoning commission which shall evaluate the
34 request to determine the extent and nature of the amendment requested. Partic-
35 ular consideration shall be given to the effects of any proposed zone change
36 upon the delivery of services by any political subdivision providing public
37 services, including school districts, within the planning jurisdiction. An
38 amendment of a zoning ordinance applicable to an owner's lands or approval of
39 conditional rezoning or denial of a request for rezoning may be subject to
40 the regulatory taking analysis provided for by section 67-8003, Idaho Code,
41 consistent with the requirements established thereby.
42 (b) After considering the comprehensive plan and other evidence gathered
43 through the public hearing process, the zoning or planning and zoning commis-
2
1 sion may recommend and the governing board may adopt or reject an ordinance
2 amendment pursuant to the notice and hearing procedures provided in section
3 67-6509, Idaho Code, provided that in the case of a zoning district boundary
4 change, and notwithstanding jurisdictional boundaries, additional notice shall
5 be provided by mail to property owners or purchasers of record within the land
6 being considered, and within three hundred (300) feet of the external bound-
7 aries of the land being considered, and any additional area that may be
8 impacted by the proposed change as determined by the commission. In the case
9 of an ordinance amendment involving the location of a thermal generation power
10 plant with a nameplate capacity of fifty (50) megawatts or greater, the resi-
11 dents of counties immediately adjoining the county where the thermal genera-
12 tion power plant is proposed to be located shall be given notice of the pro-
13 posed ordinance change. Notice shall also be posted on the premises not less
14 than one (1) week prior to the hearing. When notice is required to two hundred
15 (200) or more property owners or purchasers of record, alternate forms of pro-
16 cedures which would provide adequate notice may be provided by local ordinance
17 in lieu of posted or mailed notice. In the absence of a locally adopted alter-
18 native notice procedure, sufficient notice shall be deemed to have been pro-
19 vided if the city or county provides notice through a display advertisement at
20 least four (4) inches by two (2) columns in size in the official newspaper of
21 the city or county at least fifteen (15) days prior to the hearing date, in
22 addition to site posting on all external boundaries of the site. Any property
23 owner entitled to specific notice pursuant to the provisions of this subsec-
24 tion shall have a right to participate in public hearings before a planning
25 commission, planning and zoning commission or governing board subject to
26 applicable procedures.
27 (c) If the request is found by the governing board to be in conflict with
28 the adopted plan, or would result in demonstrable adverse impacts upon the
29 delivery of services by any political subdivision providing public services,
30 including school districts, within the planning jurisdiction, the governing
31 board may require the request to be submitted to the planning or planning and
32 zoning commission or, in absence of a commission, the governing board may con-
33 sider an amendment to the comprehensive plan pursuant to the notice and hear-
34 ing procedures provided in section 67-6509, Idaho Code. After the plan has
35 been amended, the zoning ordinance may then be considered for amendment pursu-
36 ant to section 67-6511(b), Idaho Code.
37 (d) If a governing board adopts a zoning classification pursuant to a
38 request by a property owner based upon a valid, existing comprehensive plan
39 and zoning ordinance, the governing board shall not subsequently reverse its
40 action or otherwise change the zoning classification of said property without
41 the consent in writing of the current property owner for a period of four (4)
42 years from the date the governing board adopted said individual property
43 owner's request for a zoning classification change. If the governing body does
44 reverse its action or otherwise change the zoning classification of said prop-
45 erty during the above four (4) year period without the current property
46 owner's consent in writing, the current property owner shall have standing in
47 a court of competent jurisdiction to enforce the provisions of this section.
48 SECTION 2. That Section 67-6512, Idaho Code, be, and the same is hereby
49 amended to read as follows:
50 67-6512. SPECIAL USE PERMITS, CONDITIONS, AND PROCEDURES. (a) As part of
51 a zoning ordinance each governing board may provide by ordinance adopted,
52 amended, or repealed in accordance with the notice and hearing procedures pro-
53 vided under section 67-6509, Idaho Code, for the processing of applications
3
1 for special or conditional use permits. A special use permit may be granted to
2 an applicant if the proposed use is conditionally permitted by the terms of
3 the ordinance, subject to conditions pursuant to specific provisions of the
4 ordinance, subject to the ability of political subdivisions, including school
5 districts, to provide services for the proposed use, and when it is not in
6 conflict with the plan. Denial of a special use permit or approval of a spe-
7 cial use permit with conditions unacceptable to the landowner may be subject
8 to the regulatory taking analysis provided for by section 67-8003, Idaho Code,
9 consistent with requirements established thereby.
10 (b) Prior to granting a special use permit, at least one (1) public hear-
11 ing in which interested persons shall have an opportunity to be heard shall be
12 held. At least fifteen (15) days prior to the hearing, notice of the time and
13 place, and a summary of the proposal shall be published in the official news-
14 paper or paper of general circulation within the jurisdiction. Notice may also
15 be made available to other newspapers, radio and television stations serving
16 the jurisdiction for use as a public service announcement. Notice shall be
17 posted on the premises not less than one (1) week prior to the hearing. Not-
18 withstanding jurisdictional boundaries, notice shall also be provided to prop-
19 erty owners or purchasers of record within the land being considered, three
20 hundred (300) feet of the external boundaries of the land being considered,
21 and any additional area that may be substantially impacted by the proposed
22 special use as determined by the commission. In the case of a special use per-
23 mit involving the location of a thermal generation power plant with a
24 nameplate capacity of fifty (50) megawatts or greater, the residents of
25 counties immediately adjoining the county where the thermal generation power
26 plant is proposed to be located shall be given notice of the proposed special
27 use permit. Any property owner entitled to specific notice pursuant to the
28 provisions of this subsection shall have a right to participate in public
29 hearings before a planning commission, planning and zoning commission or gov-
30 erning board.
31 (c) When notice is required to two hundred (200) or more property owners
32 or purchasers of record, alternate forms of procedures which would provide
33 adequate notice may be provided by local ordinance in lieu of mailed notice.
34 In the absence of a locally adopted alternative notice procedure, sufficient
35 notice shall be deemed to have been provided if the city or county provides
36 notice through a display advertisement at least four (4) inches by two (2)
37 columns in size in the official newspaper of the city or county at least fif-
38 teen (15) days prior to the hearing date, in addition to site posting on all
39 external boundaries of the site.
40 (d) Upon the granting of a special use permit, conditions may be attached
41 to a special use permit including, but not limited to, those:
42 (1) Minimizing adverse impact on other development;
43 (2) Controlling the sequence and timing of development;
44 (3) Controlling the duration of development;
45 (4) Assuring that development is maintained properly;
46 (5) Designating the exact location and nature of development;
47 (6) Requiring the provision for on-site or off-site public facilities or
48 services;
49 (7) Requiring more restrictive standards than those generally required in
50 an ordinance;
51 (8) Requiring mitigation of effects of the proposed development upon ser-
52 vice delivery by any political subdivision, including school districts,
53 providing services within the planning jurisdiction.
54 (e) Prior to granting a special use permit, studies may be required of
55 the social, economic, fiscal, and environmental effects of the proposed spe-
4
1 cial use. A special use permit shall not be considered as establishing a bind-
2 ing precedent to grant other special use permits. A special use permit is not
3 transferable from one (1) parcel of land to another.
4 SECTION 3. An emergency existing therefor, which emergency is hereby
5 declared to exist, this act shall be in full force and effect on and after its
6 passage and approval.
STATEMENT OF PURPOSE
RS 15546
The purpose of this legislation is to amend the Local Planning Act to
provide that, in the case of an ordinance amendment involving the
location of a thermal generation power plant with a nameplate capacity
of fifty megawatts or greater, the residents of counties immediately
adjoining the county where the thermal generation power plant is
proposed to be located shall be given notice of the proposed ordinance
change; and to provide that, in the case of a special use permit
involving the location of a thermal generation power plant with a
nameplate capacity of fifty megawatts or greater, the residents of
counties immediately adjoining the county where the thermal generation
power plant is proposed to be located shall be given notice of the
proposed special use permit. This will give out-of-county residents
the opportunity to appear and testify before the decision-making
bodies of the county. This will aid the county decision-makers to gain
a greater understanding of the overall effects of such facilities.
FISCAL IMPACT
None.
Contact
Name: Sen. Clint Stennett Sen. Kate Kelly
Sen. Bert Marley Sen. David Langhorst
Sen. Edgar Malepeai Sen. Mike Burkett
Sen. Elliot Werk
Phone: 332-1351
STATEMENT OF PURPOSE/FISCAL NOTE S 1276