Minutes

Planning & Zoning Commission

Public Hearing

August 13, 2019

Starting at 5:00 PM

 

 

LOCATION:              150 Courthouse Dr, Driggs, ID 83422

                                          1st Floor Meeting Room

 

Commissioners Present:

Sarah Johnston

Jack Haddox

David Breckenridge

Marlene Robson

Pete Moyer

Cleve Booker

Chris Larson

 

 

Staff Present

Gary Armstrong

Joshua Chase

Sharon Fox

 

1.              Approval of Minutes

 

·         Tuesday May 14, 2019

Ms. Johnston wanted to make changes to a comment she made regarding Fox Creek Village plat amendment.  She will listen to the audio file and restate her comment at the September 10th meeting.

RESULT:              TABLED [UNANIMOUS]

MOVER:              Chris Larson, Vice Chair

SECONDER:              David Breckenridge

AYES:              Sarah Johnston, Jack Haddox, David Breckenridge, Marlene Robson, Pete Moyer, Cleve Booker, Chairman, Chris Larson, Vice Chair

2.              Chairman Business

Mr. Booker addressed the public letting them know that Moose Creek Ranch CUP hearing has been postponed by the applicant in order to arrange a meeting with concerned residents and to complete some appropriate studies.  They will revise their application accordingly after listening to the neighbors and concerned citizens and reviewing the results of the studies. 

 

3.              Administrator Business

Mr. Armstrong commented on his conversation with the Moose Creek applicant that requested the postponement of their application the day before the scheduled hearing.  He explained the applicant wants time to complete some suggested studies and to meet with neighbors and interested citizens to hear what their concerns are and attempt to address them.  The will likely resubmit a revised application sometime next Spring.

 

Mr. Armstrong next discussed the Commissioners terms that are coming to an end in September for four members.  So far there have been no new applications and he asked the members whose terms are expiring to send an email requesting consideration for re-appointment if interested.

 

Next was a code amendment update. He stated the consultant was in the process of a code audit and the results should be available by the end of August.  Their next step will be an outline for revising the code that will be filled in as they go through the process.

 

Item #1. – Scenic Corridor Design Review: Colin Hill Scenic Corridor Permit  Colin Hill has applied to place a detached garage on a property located at 3785 W 9300 South with his existing single family dwelling in the scenic corridor of State Highway 31.

Legal Description: LOT 3 BLK 1 HAMBLIN ACRES SEC 17 T3N R45E; RP000410010030

Mr. Chase reviewed the application for a garage that will be built in the Scenic Corridor in Hamblin Acres with the same materials and color scheme of the existing residence.  Additional landscaping has been added to the site for screening.  He explained the site is a small parcel and does not have a lot of extra room for alternate locations.

 

Ms. Johnston asked about the setbacks for the garage and how they were measured.  Mr. Chase commented that the Ordinance suggests a 50' setback, but that would push the structure into the property boundary setbacks.  Due to the narrow buildable area of the lot he felt the proposed location was a reasonable option and will meet the County building setbacks for the lot. Ms. Johnston asked if the setback was measured from the right-of-way line or from the lot line. Mr. Chase commented he believed the applicant measured the setback from the lot line based on the requirements enforced through the building permit process.

 

Mr. Collin Hill, applicant, commented he is meeting the setback requirements he was given by the Building Dept. when he applied for his building permit.  He also presented samples of the siding he was proposing to use.

 

COMMISSION DELIBERATION:

 

Ms. Johnston was confused on the 50' setback requirement in the Scenic Corridor and wanted to know why Staff did not consider it applicable that the proposed location did not meet the 50' setback.  Mr. Chase explained that the lot was non-conforming in size and it would be difficult to meet that setback requirement due to the amount of buildable space on the lot. Ms. Johnston commented the 50' setback was established for a reason and the applicant could build a smaller structure that would meet the 50' setback requirement. Mr. Chase commented the applicant has built a berm and installed additional landscaping to help mitigate the impact of the building in relation to the highway.

 

Mr. Larson asked for an opinion of the Staff if the garage would meet the Scenic Corridor setback.  Mr. Armstrong explained that the lot line is 30' from the edge of the right-of-way and 40' from the edge of the pavement of Highway 31. The  proposed structure is 29' from the edge of the property line so it will be over 50' from the outer edge of the road right-of-way. 

 

Ms. Johnston commented that based on some of the materials submitted,  she is not coming to the same conclusion that the building will be at least 50' from the edge of the right-of-way, and unless that is a condition of approval she would not support the motion to approve.

 

MOTION:  Having found that the proposed development for Colin Hill is consistent with the Teton County development ordinances, specifically Title 8-5-2-D,  I move to approve the Scenic Corridor permit with the following conditions of approval:
1.              The proposed structure requires a Teton County Building Permit and must comply with the Teton County Building Code.
2.              Building materials shall not be highly reflective materials as represented in the application.

RESULT:              APPROVED [5 TO 2]

MOVER:              David Breckenridge

SECONDER:              Pete Moyer

AYES:              David Breckenridge, Marlene Robson, Pete Moyer, Cleve Booker, Chairman, Chris Larson, Vice Chair

NAYS:              Sarah Johnston, Jack Haddox

Item #2. – Scenic Corridor Design Review: Legacy Classic Trucks Scenic Corridor Permit  Northworks Architects has submitted an application for a scenic corridor review for Brent Winslow to construct a commercial building of 17,875 square feet located in the scenic corridor on the west side of State Hwy 33 near Rocky Road Industrial Park.

Legal Description: SEC 11 T4N R45E; RP04N45E115365

Mr. Chase reviewed the request for a 17,575 sq. ft. commercial structure to house the Legacy Classic Trucks business in the M-1 zone adjacent to Rocky Road Industrial Park on Highway 33.  The building meets the setback requirements for the Scenic Corridor and the M-1 Zone setback requirements. The uses proposed by the applicant are all uses Permitted with Conditions in the M-1 zone and they will be submitting an application for those once the Scenic Corridor application is approved.  They are proposing some landscaping in the front of the building and have provided an elevation drawing verifying they meet the height restrictions.  They have also provided samples and information for the exterior of the building. 

 

Ms. Corinne Wicke with Northworks Architects, representing the applicant, stated that the building will have a showroom in the front and that will have a second floor overlooking mezzanine, but the shop space will be on one level.  She showed samples of the exterior of the proposed building.  Ms. Wicke asked for guidance on the business signage and was instructed to work with staff when they are ready to install a sign. The proposed signage will be on the canopy of the building. 

 

Ms. Robson asked what the height of the building was and Corrine stated it was 28 feet at the front of the building, which is the highest point. Mr. Haddox asked about the trucks that will be stored outside.  Ms. Wicke said they would be outside but would be stored on the north side and hidden behind a fence so not visible from the road.  Mr. Booker asked about the lighting at night on the inside of the glass showroom.  Ms. Wicke stated the owner will not be working at night and would prefer not to light the showroom at night. Any exterior lighting would be down cast and comply with the lumen restrictions in the Code.

 

COMMISSION DELIBERATION:

 

Mr. Larson commented he wanted to address the interior lights based on the size of glass frontage on the building.  Mr. Armstrong explained how the light was measured, whether it is interior or exterior, which is done using a tool to measure the lumens present from a light source at the property line. Compliance with the light restrictions is required based on the Code and it would not be necessary to include that as a condition of approval.

 

MOTION:  Having found that the proposed development for Winslow Bent is consistent with the Teton County development ordinances, specifically Title 8-5-2-D, I move to approve the Scenic Corridor permit with the following conditions of approval:
1.              All structures require a Teton County Building Permit and must comply with the Teton County Building Code.
2.              Building materials shall not be highly reflective materials.
3.              Obtain Permitted with Conditions permit for the proposed use(s).

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Sarah Johnston

SECONDER:              David Breckenridge

AYES:              Sarah Johnston, Jack Haddox, David Breckenridge, Marlene Robson, Pete Moyer, Cleve Booker, Chairman, Chris Larson, Vice Chair

Item #3. – Action Item - Public Hearing: Laurel Flats Subdivision Preliminary Plat  The applicants are proposing a 6 lot subdivision on approximately 18.67 acres. The residential lots will meet the zoning requirements and range from 2.5 - 3.17 acres. The proposed subdivision is located south and west of the City of Victor and is accessed from County Road W 9500 South.

Legal Description: SEC 15 T3N R45E;  RP03N45E154350

Mr. Chase reviewed the application for a six lot subdivision on a 18.67 acre parcel in the City of Victor Area of Impact accessing off of 9500 South.  The City of Victor had no comment to offer on the application.  He stated that the Fire Marshal has approved the use of Southern Skies Subdivision fire suppression system for this subdivision.  Mr. Chase also commented that no overlays are present on the parcel so no studies are required and the Concept review was done administratively.

 

Mr. Larson asked about the cul-de-sac.  Mr. Chase commented the Concept application had a cul-de-sac and that has since been changed to a hammerhead turnaround prior to submitting for Preliminary review.

 

Mrs. Sharon Woolstenhulme, representing the applicant, clarified the cul-de-sac has been replaced with a hammerhead turnaround.  She also stated that the existing house will change their driveway to access off Laurel Drive, the interior subdivision road.  An application has been submitted for an access permit to Road & Bridge. She stated there is a contract in place to access water from the fire hydrant provided by Southern Skies Subdivision, which has a well to supply water.

 

PUBLIC COMMENT:

 

Mr. Scott Wientjes, adjacent property owner, was concerned with the loss of the agricultural feel of the neighborhood if the subdivision is approved.  He did not believe there is a demand for more lots in the area since Southern Skies has so many unsold lots.  He was also concerned with the water suppression proposal if it is supplied from the Trail Creek canal. 

 

Ms. Woolstenhulme commented she has a home very close to the proposed subdivision and understands the changes that are occurring in the valley, although she did not believe 18 acres is a large enough parcel to be a viable farming operation. She also confirmed that the Fire Marshal has signed off on the use of the fire hydrant in Southern Skies so there won't be a fire pond.

 

COMMISSION DELIBERATION:

 

Ms. Johnston felt the application meets the requirements outlined in the subdivision ordinance,   but she did not feel it was meeting the spirit of the Comp Plan.  Mr. Haddox also commented he did not feel the application met the Comp Plan guidelines, and was concerned with the loss of ag ground being turned into a subdivision.  Mr. Booker commented the staff report states the application meets the intent of the Comp Plan, and he hoped the new land use code will make it more clear. Mr. Larson commented he understood the agricultural  nature of the neighborhood, but the proposal is close to subdivisions on both sides as well.

 

MOTION:  Having concluded that the Criteria for Approval of a Subdivision Preliminary Plat found in Title 9-3-2(C-8) can be satisfied and having found that the proposal is generally consistent with the goals and policies of the 2012-2030 Teton County Comprehensive Plan,  I move to recommend approval of the Preliminary Plat for Laurel Flats Subdivision as described in the application materials submitted June 26, 2019 and as supplemented with additional applicant information attached to this staff report.

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Sarah Johnston

SECONDER:              Chris Larson, Vice Chair

AYES:              Sarah Johnston, Jack Haddox, David Breckenridge, Marlene Robson, Pete Moyer, Cleve Booker, Chairman, Chris Larson, Vice Chair

Item #4. – Action Item - Public Hearing: Flatiron Subdivision Preliminary Plat  The applicant is proposing a 2 lot subdivision on approximately 10 acres. The residential lots will meet the zoning requirements and be 4 and 5.1 acres in size. The proposed subdivision is located south and west of the City of Victor and is accessed from County Road S 2000 West.

Legal Description: SEC 15 T3N R45E; RP03N45E153803

Mr. Chase reviewed the application for a two lot subdivision on 10 acres in the Victor Area of Impact with an access directly across from the existing Southern Skies Subdivision. The Concept review was done administratively since there are no overlays on the parcel and there were no studies required for this subdivision.  Mr. Chase commented there is already an existing house on one of the two lots.

 

Ms. Sharon Woolstenhulme, representing the applicant, commented they applicant has supplied the EIPH health certificate and has secured the permit from Teton County Road &Bridge for access.

 

PUBLIC COMMENT:

 

There was no public comment.

 

COMMISSION DELIBERATION:

 

The Commission had no issues with the application.

 

MOTION:  Having concluded that the Criteria for Approval of a Subdivision Preliminary Plat found in Title 9-3-2(C-8) can be satisfied and having found that the proposal is generally consistent with the goals and policies of the 2012-2030 Teton County Comprehensive Plan,  I move to recommend approval of the Preliminary Plat for Flatiron Subdivision as described in the application materials submitted June 26, 2019 and as supplemented with additional applicant information attached to this staff report.

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Sarah Johnston

SECONDER:              Marlene Robson

AYES:              Sarah Johnston, Jack Haddox, David Breckenridge, Marlene Robson, Pete Moyer, Cleve Booker, Chairman, Chris Larson, Vice Chair

Item #5. – Action Item - Public Hearing: Green-Brown Packsaddle Creek Estates Variance  Elaine Green & Robin Brown are requesting a variance from a property boundary setback, in order to reduce a front property setback from 30 feet to 20 feet, for construction of a home on lot 39 of Packsaddle Creek Estates, Division 1.

Legal Description: LOT 39 BLK 1 PACKSADDLE CREEK ESTATES DIV 1 SEC 8 T5N R44E; RP000570010390

Mr. Armstrong explained the application for a Variance is based on the significant drop off on the rear portion of the lot.  The subdivision was approved in 1970 prior to the County adopting the zoning and subdivision ordinances and the original setbacks for the subdivision when it was approved were 20' on the front, which is stated in the CC&Rs. The plat did not reflect the reduced setbacks when it was recorded so the current County setbacks apply. When the applicant submitted a building permit application she was informed of the 30' setback.  Based on the slope at the rear of the lot the applicant would like to place the house closer to the road, which would meet the 20' setback she believed to be applicable. Mr. Armstrong stated the Commission is acting as the Board of Adjustment for the application and will be making the final decision.

 

Ms. Elaine Green, applicant, stated the dropoff at the rear of the lot was the reason for the variance request. She explained that only the corner of the deck will be encroaching into the 30' setback and would not want to have to take out a large amount of trees to move it back further.

 

PUBLIC COMMENT:

 

There was no public comment.

 

COMMISSION DELIBERATION:

 

Ms. Johnston felt the steep slope of the lot meets the definition of a hardship for the Variance request.  Mr. Moyer asked if the deck mattered if it encroached.  Mr. Chase commented it is allowed to encroach up to 6' if uncovered.

 

MOTION:  Having concluded that the Criteria for Approval of a Variance found in Title 8-8-1 can be satisfied and having found that the proposal is not a detriment to the public’s or neighbors’ health, safety, and welfare, I move to approve the Variance applied for by Ms. Green and Ms. Brown for a reduced front-yard setback of 20 feet as described in the application materials submitted June 21, 2019.

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Sarah Johnston

SECONDER:              Marlene Robson

AYES:              Sarah Johnston, Jack Haddox, David Breckenridge, Marlene Robson, Pete Moyer, Cleve Booker, Chairman, Chris Larson, Vice Chair

Item #6. – Action Item - Public Hearing: Moose Creek Ranch CUP - WITHDRAWN  Conestoga Ranch-Grand Tetons LLC, is applying for a Conditional Use Permit for a Campground, RV Park, or Travel Trailer Camp; Retreat Center; and Dude Ranch (permitted with conditions) at the existing Moose Creek Ranch operation located at 2733 E 10800 S, southeast of the City of Victor.

Legal Description: SEC 20 T3N R46E;  RP03N46E206200; RP03N46E208001; RP03N46E293000    

WITHDRAWN

 

Adjourn

 

MOTIONAdjourn 6:40 PM

Adjourned at 6:40.

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              David Breckenridge

SECONDER:              Jack Haddox

AYES:              Sarah Johnston, Jack Haddox, David Breckenridge, Marlene Robson, Pete Moyer, Cleve Booker, Chairman, Chris Larson, Vice Chair