P&Z splits vote but approves Rhead dairy

Five months after initially opening a public hearing for an application for a conditional use permit and confined animal feeding operation for Robert and Marlene Rhead, the Elmore County Planning and Zoning Commission closed the hearing July 6 and rendered a split decision to grant the application.

As the commission reviewed the particular facts and circumstances of each proposed condition use in terms of the nine standards that each CUP must meet, they determined the proposal will in fact constitute a conditional use as determined by the official schedule of district regulations for the zoning district involved.

All members agreed the proposed project will be in harmony with and in accordance with the comprehensive plan and the ordinance.

But it was the standard the project will 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 will not change the essential character of said area, where members could not find agreement. K.C. Duerig said he felt the addition of 6,000 head cannot be considered as not changing the appearance or essential character of the area.

Duerig also offered a "nay" vote to the standard 'Will not be hazardous or disturbing to existing or future neighboring uses'. He explained he thought there was a potential for hazard with birds in the flight path for aircraft at Mountain Home Air Force Base. He also noted the state siting team had given the project a moderate risk rating and pointed out the potential for high levels of phosphorus as a result of runoff from the 'nutrients' produced from the animals.

His opinion was echoed by the newest member of the P&Z Commission, Richard Roddenberry.

Roddenberry cast the sole dissenting vote to the issue that the project 'will 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.'

Roddenberry also disagreed that the proposal 'will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the county.' He felt the road improvements recommended by the highway district will be borne by the people. Other P&Z members felt the proposal did meet the standard.

As the commission addressed the issue 'will not involve uses, activities, processes, materials, equipment, and conditions of operations 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,' the votes once more were split. Duerig said the potential was there for health impacts, noting the proximity of the base and airborne particles. Roddenberry noted, "there will be odors. You can't get around it."

The P&Z members were in agreement the proposal met the final two standards: "will have vehicular approaches to property which shall be so designed as no to create an interference with traffic on surrounding public property or private roadways" and "will not result in the destruction, loss or damage of a natural or scenic feature of major importance."

As the commission moved on the discussion of the CAFO requirements, they agreed the proposed dairy fully complied with the ordinance. Courtney Hiler moved to approve the CUP and CAFO application for the Rhead dairy, with Patti Osborn seconding the motion.

When the roll call vote was cast, Roddenberry, citing once more his concerns with the proximity of the base, voted 'nay.'

Duerig also voted no, expressing his concerns that the area was approaching the maximum number of cows it could support, predicting a nutrient (manure) overload with 185,000 tons of manure that will have to be 'exported.'

Acting chair Al Sobtzak, along with Hiler and Osborn, all cast 'aye' votes.

The commission is expected to adopt the finds of fact and conclusions of law at its July 20 meeting. Opponents of the decision will then have 15 days to file an appeal with the Board of Elmore County commissioners.