Minutes

Planning & Zoning Commission

Public Hearing

May 14, 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 March 12, 2019

RESULT:              ACCEPTED [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

2.              Chairman Business

There was no Chairman business.

 

3.              Administrator Business

Mr. Armstrong informed the Commission that the BoCC has decided to contract with Logan Simpson Design to update the land development code beginning in mid June.

 

Mr. Armstrong also asked the Commission to consider re-upping their terms and to continue to be involved in the code update process.

 

Item #1. – Action Item - Public Hearing: Coltside Subdivision Preliminary Hearing  The applicant is proposing a 2 lot subdivision on approximately 20 acres. The residential lots will meet the zoning requirements and are shown as 9.8 acres each. The proposed subdivision is located south of the City of Victor.

Legal Description: RP03N45E150010, S2NE4NE4 SEC 15 T3N R45E

Mr. Chase reviewed the proposal for a two lot subdivision on 20 acres located in the Victor Area of Impact.  It meets the zoning requirements for density and minimum lot size.  The City of Victor has reviewed the application and felt that it meets their design review standards and had no issue with the concept.  He explained the original concept application was requesting three lots but it was revised upon preliminary application submittal to contain only two lots, which would eliminate the need for fire suppression and an interior road.

 

Ms. Sharon Woolstenhulme, representing the applicant, provided a brief power point presentation showing photos of the site and discussed the decision to change the application to a two lot subdivision based on the City of Victor not allowing use of a nearby fire hydrant for fire suppression. 

 

PUBLIC COMMENT:

 

Mr. Rick Harmon, owner of a Pole Canyon Ranch lot adjacent to the proposed subdivision, wanted an explanation of the buffer letter he received.  Mr. Armstrong explained the APO notification requirements of 300'.  Mr. Harmon then asked about the location of buildings on the site.  Mr. Armstrong commented the applicant can address that at rebuttal. 

 

Mr. Arnold Woolstenhulme, representing the applicant, explained that the owner would not care to designate building envelopes as the lots are going to be sold and they would not want to dictate the location of a home for the future potential lot owners. 

 

COMMISSION DELIBERATION:

 

Mr. Moyer asked how close the City of Victor sewer system was to this lot.  Mr. Woolstenhulme commented the lot is about 3/8 a mile from the nearest connection.

 

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 Coltside Subdivision as described in the application materials submitted March 13, 2019 and as supplemented with additional applicant information attached to this staff report.

RESULT:              APPROVED [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

Item #2. – Action Item -  Public Hearing: Fox Creek Village Significant Plat Amendment  The owner of the Reserve Area of Fox Creek Village PUD, a 8.03 acre lot, has constructed a house on the lot and would like to split off a 1.5 acre piece with the house on it.

Legal Description: RESERVED AREA FOX CREEK VILLAGE PUD SEC 23 T4N R45E, RP0020000000R0

Mr. Chase explained that the application is to divide an 8 acre lot identified on the original plat as a "Reserved Area".  The applicant built a single family residence on the lot, and would not like to divide the new residence on 1.5 acres from the balance of the 8 acre lot and keep the remaining 6.5 acre lot as a "Reserve Area" lot.  Mr. Chase explained that the PUD process allows for lots below the minimum lot size of 2.5 acres with trade offs like increased open space and clustering of lots, although this application is not proposing any additional open space.  The newly created Reserve Area parcel still does not have a clear definition of use and the access road shown on the recorded plat has not been constructed yet.  Mr. Chase stated the primary concern identified in the review was the proposed use of the newly created 6.5 acre Reserved Area parcel.  That information was not included in the application. 

 

Ms. Woolstenhulme, representing the applicant, provided a power point presentation showing the site and the existing access.  Mr. Woolstenhulme explained the reference of Reserved Area lot which was given to the lot during the PUD approval process. The original developer had used all of his residential building rights through the PUD process so there were no residential building rights left for the front highway lots.  He designated the lots to the south as M-1 with the intent to build some storage units and small business offices.  That left the 8 acre parcel, which was titled "Reserved Area" and was anticipated to be used for some type of development, but had no residential building rights options.  He stated that the current owner/applicant has not stated his intent for the remaining acreage on the Reserved Area lot.

 

PUBLIC COMMENT:

 

There was no public comment.

 

COMMISSION DELIBERATION:

 

Mr. Larson commented he wanted to see what the applicant had in mind for the remaining portion of the Reserved Area lot as well as the adjacent M1 lots before making any decisions. Ms. Johnston noted that in order to approve a substantial change in impact the entire PUD must comply with current regulations.  She said this request does not meet requirements such as having 50% open space or having non residential lots located within the interior of the PUD rather than on the highway.

 

Ms. Robson asked if the PUD has been reviewed or changed since it was approved.  Mr. Chase commented there is not an amended plat recorded, but a previous developer at one point applied to have the M1 lots changed to Commercial.  That change was discussed but never formally approved.  Mr. Booker felt the applicant should specify what will be done with the remainder of the Reserved Area lot before going forward.

 

MOTION:  Having concluded that the Criteria for Approval of a Substantial Plat Amendment found in 9-7-1 (B-3b)) have not been satisfied, I move to RECOMMEND DENIAL of the Preliminary Amended Plat for Fox Creek Village PUD Subdivision based on the following findings:
1. Proposal does not comply with current PUD code and standards.

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Chris Larson, Vice Chair

SECONDER:              Sarah Johnston

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

Item #3. – Action Item - Public Hearing: La Paz Este Contigo Subdivision Preliminary Plat Hearing  The applicant is proposing a 2 lot subdivision located at 10079 Old Dry Ridge Road, Tetonia, Idaho. The proposed subdivision will divide the 80.5 acre parcel into one 2.5 acre lot, and one 78 acre lot.  The area is zoned A/RR-2.5 (Agriculture/Rural Residential). There is currently a dwelling structure on each of the proposed lots. A portion of the proposed subdivision is located within the Hillside Overlay.

Legal Description: SEC 12 T6N R45E; RP06N45E127955

The Planning Commission took a 5 minute break at 6:15 PM.

 

Mr. Armstrong reviewed the request to separate 2.5 acres from the 80.5 acre Eich Family Trust parcel, which would create two conforming lots.  There is a small portion of the lot that is within 300' of Badger Creek, but it is only approximately 1.1 acres of the total parcel.  The owner of the remaining 78 acres has expressed some concerns with the language in the Development Agreement and Mr. Armstrong suggested that the two parties get together and negotiate an Agreement that would be acceptable to both parties. If a further subdivision of the remaining 78 acre parcel was requested in the future, the plat could be amended at that time.

 

Mr. Michael White, representing the applicant, explained his current interest in the application and the past history of the request. He explained that the Development Agreement proposed is a draft and the applicant will work with the Eich Family Trust to come to an agreement on a final draft of the Development Agreement. He stated that Mary Eich has no intention to further divide the 2.5 acres she is asking for and he was not aware of any plans to further subdivide the remaining 78 acres, although there would be no reason why they could not come back for a plat amendment in the future if they chose to.

 

PUBLIC COMMENT:

 

Mr. Greg Eich, representing the Eich Trust, wanted to ask the Commission to consider the letters submitted by the Eich Family and by the Eich Family Trust lawyer.

 

COMMISSION DELIBERATION:

 

It was the consensus of the Commission that the Preliminary Plat application should move forward to the BoCC with a recommendation for approval.

 

MOTION:  Having concluded that the Criteria for Approval of a Subdivision Preliminary Plat found in Title 9-3-2(C-8) can be satisfied with the inclusion of the following conditions of approval 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 forward a positive recommendation to the BoCC for  the Preliminary Plat for La Paz Este Contigo Subdivision as described in the application materials and as supplemented with additional applicant information attached to this staff report with direction to the BoCC that the Development Agreement should have a legal review prior to Final Plat.

RESULT:              APPROVED [UNANIMOUS]

MOVER:              Chris Larson, Vice Chair

SECONDER:              Marlene Robson

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

Item #4. – Action Item -  Public Hearing: Mary Eich NP Waiver Request  The applicant is proposing a two lot subdivision on property which includes land in the Wetlands Waterways Overlay adjacent to South Badger Creek. The applicant is requesting a waiver from the requirements of the NP evaluation as no new septic systems are proposed with the application.

Legal Description: RP06N45E127955; Tax #6498 SEC 12 T6N R45E

Mr. Armstrong briefly reviewed the need for an NP Evaluation because of the location of Badger Creek within 300' of the parcel and explained the applicant has requested an NP Waiver based on site specific characteristics of the land.  Approximately 1.1 acres of the parcel touches Badger Creek in the northeast corner, and because it has a 30% slope it is undevelopable.  Based on the inability to build any closer than 2,000' from Badger Creek, the reviewing engineer at Harmony Designs recommended approval of the NP Waiver request.

 

PUBLIC COMMENT:

 

There was no public comment.

 

COMMISSION DELIBERATION:

 

It was the consensus of the Commission that the NP Waiver request should be approved.

 

MOTION:  I move to grant the NP Waiver request for La Paz Este Contigo Subdivision.

RESULT:              APPROVED [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

Adjourn

 

MOTIONAdjourn 6:45 PM

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              David Breckenridge

SECONDER:              Cleve Booker, Chairman

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