Commissioners Present:
Cindy Riegel
Bob HeneageMichael Whitfield
Other Elected Officials and Department Heads Present:
Kim Keeley, Clerk
Dan Reyes, County Manager
Dave Hudascko, RAD Curbside, spoke regarding the Eastern Idaho Regional Solid Waste District item under Public Works. Mr. Hudascko believes that this should have been given more discussion at the County level due to the impact on multiple years of County budgets.
Curt Behle wished to speak about Irish Acres. Because the agenda item related to Irish Acres is a public hearing, those comments need to be made during the hearing. By statute, public hearings must be recorded in case there is a judicial review.
Anthony Wilcox asked for an agenda item on a future meeting regarding ethics and conflicts of interest. He would like the County to set up an ethics committee.
Anthony Reynolds asked if he can request that all the committees post where they are getting their information, cite references.
Mr. Behle came back up to tell the Board that all the slots are full for the Town Hall on March 18.
| 5.1) |
2024-03-11 PUBLIC WORKS REPORT
Department: Public Works
|
Public Works Director Darryl Johnson presented his report.
Eastern Idaho Solid Waste District - the District is requiring District employees to haul waste to the site in order to keep oversite and respect the adjoining commercial potato farms. Mr. Hudascko requested a work session to discuss the haul contract and the financial obligations in general.
Road & Bridge - Mr. Johnson asked the Board if they would like him to pursue purchasing a tiny home to put at the R&B site for temporary housing for County employees. The Board directed Mr. Johnson to explore what would need to be done including but not limited to zoning issues with the City of Driggs. The Board further directed Mr. Johnson to explore the possibility of putting a few bunks in one of the spare rooms, as the facility has a full kitchen and showers.
Contract reviews - Mr. Johnson asked what is the expectation for the length of time to receive a contract review. He has been waiting for six weeks for one particular contract. The Board noted that the Deputy Civil Attorney is working on a standard contract template to facilitate the process.
Road Map update - Mr. Johnson is working on making packets for the individual roads with questionable validation methods.
Weed Superintendent Mark Paglieriani resigned recently.
B on 33 members Cecily Costa and Iris Saxer, gave a brief presentation on their mission. B on 33 is a grassroots organization working towards beautifying the main corridors in Teton Valley. The first project is to plant native wildflowers along the bike path.
The Board requested that this be added as a change in the per diem policy.
MOTION: Approve submitting form RPM003 to the Idaho Department of Lands for gravel pit S05094 on Packsaddle Road and officially retiring the reclamation plan of record.
RESULT:
MOVER:
AYES
NAYES
ABSTAIN
ADOPTED [Unanimous]
Bob Heneage SECONDER: Cindy Riegel
Cindy Riegel, Bob Heneage, Michael Whitfield
None
None
MOTION: Approve Resolution 2024-0311 Special Road Levy with a correction on the expiration date on the current levy in the ballot language.
RESULT:
MOVER:
AYES
NAYES
ABSTAIN
ADOPTED [Unanimous]
Michael Whitfield SECONDER: Cindy Riegel
Cindy Riegel, Bob Heneage, Michael Whitfield
None
None
Planning Administrator Jade Krueger presented the staff report for Irish Acres Preliminary Plat public hearing.
Patrick Trucco, the applicant, was present to answer questions.Megan Nelms, representing the applicant, stated that the applicant is agreeable with the conditions.
Russell Burton, also representing the applicant, was present to answer questions regarding the natural resource study.
Public comment was opened at 1:13 PM.Deidre Griffith spoke in favor of the application. She applauds the applicant on their process.
Ida Hansen spoke regarding the subdivision application process. She was in favor of the application.Penny Vasquez spoke in favor of the application.
Public comment was closed at 1:17 PM.
Applicant rebuttal. The applicant had nothing further.
Board deliberation. No further deliberation.
MOTION: Having concluded that the Criteria for Approval of a Preliminary Plat found in Title 9-3-2-C can be satisfied, I move to APPROVE the Preliminary Plat for the Irish Acres Subdivision as described in the application materials submitted on August 2, 2023 and additional information attached to the staff report, with the following conditions of approval:
1. Financial Surety of 125% of the engineer-stamped and dated cost estimate must be provided to Teton County. The current draft letter of credit is only for $195,000, but the cost estimate is $467,203. 125% would be $584,003.75.
2. Address public works comments:
a. Access permits required prior to construction for both interior roads (with the final plat application). The R&B permit provided was for an access for one building site. This doesn't match the subdivision application. Confirm it
matches the subdivision application and that it addresses both access points.
b. The plat should be updated to reflect the ADU restriction (no ADUS in Irish Acres per the Traffic Study calculations for the Single Family Dwelling and Recreation units).
3. A permit for any wetland disturbance should be completed, approved by the Army Corps and submitted with the final plat application per the Army Corps’ preliminary jurisdictional
determination.
4. Final plat should show the new building envelopes as submitted for this review.
RESULT:
MOVER:
AYES
NAYES
ABSTAIN
ADOPTED [Unanimous]
Bob Heneage SECONDER: Cindy Riegel
Cindy Riegel, Bob Heneage, Michael Whitfield
None
None
Ms. Krueger gave the staff report for the J&G Peacock Ranch Subdivision Final Plat.
Alison Ehler, representing the applicant, was present to answer questions. The Board expressed appreciation for the layout of building envelopes.
Public comment was opened at 1:31 PM.Jeff White spoke in favor of the applicant. He appreciates that it is a family legacy subdivision.
Public comment was closed at 1:32 PM.
Board deliberation. No further discussion.
MOTION: Having concluded that the Criteria for Approval of a Final Plat found in Title 9-3-2-D can be satisfied, I move to APPROVE the Final Plat for J&G Peacock Ranch Subdivision as described in the application materials submitted March 2, 2023 and additional information attached to the staff report, with the following conditions of approval:
1. Update the final plat in the following ways: a. Change the signature for PZC to the Planning & Zoning Commission chairperson.
b. Add a plat note indicating that all lots will access from Reunion Road (per Public Works review). 2. File the Avigation Easement Agreement with the City of Driggs with the recordation of the development agreement (after final plat approvals).
3. Add a specific requirement within the CC&R's for septic tank maintenance in conformance with recommendations from EIPH and DEQ.
RESULT:
MOVER:
AYES
NAYES
ABSTAIN
ADOPTED [Unanimous]
Michael Whitfield SECONDER: Cindy Riegel
Cindy Riegel, Bob Heneage, Michael Whitfield
None
None
Ms. Krueger gave the staff report for the Skyline View Ranch Subdivision Preliminary Plat public hearing. This is a continuation of the January 8, 2024 public hearing.
Dustin Cuttler, the applicant, was present to answer questions. The Board thanked the applicant for their responsiveness with the revised building envelopes.
Public comment was opened at 1:40 PM.
No one present wished to speak.
Public comment was closed at 1:41 PM.
Board deliberation. No further comments or questions.
MOTION: Having concluded that the Criteria for Approval of a Preliminary Plat found in Title 9-3-2-C can be satisfied, I move to APPROVE the Preliminary Plat for Skyline View Ranch Subdivision as described in the application materials submitted on July 10, 2023, and additional information attached to the staff report, with the following conditions of approval:
1. CC&Rs require a notary block.
2. Financial surety of 125% of the cost estimate is also required. The current letter for a bond proposal is insufficient. Must be submitted with final plat application.
3. Receive access permits from R&B before final plat application submission for S 5000 W & W 2250 S.
4. Access for lots 4 & 5 should be built as part of the subdivision improvements only to the creek crossing. This should be included in the improvements plan and cost estimate.
5. A subdivision sign is a required improvement. Please include sign and entrance landscaping in the improvement plan and cost estimate.
6. Address Public Works Comments:
a. The plat requires an owner dedication and all of the other necessary signature blocks (Treasurer, EIPH Health Certificate, PZC Chair, BoCC Chair, etc).
b. Communication needs to be included in the improvement plans.
7. The 500 GPM flow rate must be met, a dry barrel fire hydrant must be used, and an annual inspection/ certification per the 2018 International Fire Code must happen. Any additional
information required by the fire marshal must be supplied and approved before a final plat application may be submitted.
8. The IDWR permit for the Mahogany Creek crossing should be included in the final plat application.
RESULT:
MOVER:
AYES
NAYES
ABSTAIN
ADOPTED [Unanimous]
Michael Whitfield SECONDER: Bob Heneage
Cindy Riegel, Bob Heneage, Michael Whitfield
None
None
Ms. Krueger presented the staff report for the Wendorff Event Center SUP public hearing. Ms. Krueger pointed out the additional conditions of approval in the letter from P&Z Chair Tim Watters. The minutes from the Oct 10, 2023 will be amended at the next P&Z meeting to reflect those conditions.
The Board asked if the County could require that W10000S be brought up to County standard by the applicant. Ms. Krueger responded yes. Ms. Krueger stated that the County has not received any code complaints related to use on the property up to this point. Regarding septic capacity, Ms. Krueger has to defer to EIPH. The BoCC could ask the applicant to do a plat amendment to bring the lot up to 5 acres. The Board asked if they could deny a SUP based on Land Use Code pertaining to the impact on the quiet neighborhood. Ms. Krueger responded that yes they could.
David and Kristin Wendorff, the applicants, were present. They built the barn for family use and in the hope they would be able to use it for events. They believe the property is well suited for events. They would like to be able to have no limits on events under fifty (50) and a cap on the larger events at four (4). They would like the decibel recommendation to go away. They would be amenable to 180 decibels as outlined in the TUP requirements. Mr. Wendorff also responded to the public comment from VARD. He disputed most of the letter as incorrect and untrue. Ms. Wendorff discussed the meeting they had with the neighbors. She believes they can mitigate the issues brought forth in the meeting, primarily traffic and noise.
The Board asked if the applicants would be willing to improve W10000S. They do not want W10000S brought to County standards. The Board asked if the applicants would be hosting the events. The applicant responded that they will be on site or will have an event manager.
Public comments were opened at 2:53 PM. John Sweeterman (opposed). Mr. Sweeterman is concerned about whether the SUP is transferrable, the roads, the noise, and the general compatibility with the neighborhood.
Kristi ?? (support). Ms. ? is a neighbor to the west. She believes the applicant is well within their rights to be given the SUP. Stan Marshall (oppose). Mr. Marshall is very concerned about the noise impact, the traffic and the impact on wildlife. Not opposed to the indoor gatherings.
Tom Clark (opposed). Mr. Clark, president of Hidden Waters HOA, urges full scale rejection of the proposal. The proposal is not allowed under the PUD that the subdivision was created under. It will cause a diminution of surrounding properties.Susan Lykes (opposed). Ms. Lykes, president of Aspen Grove HOA, urges that the application be denied categorically, an event center of any size is inappropriate. She cited traffic, noise, impact to water, septic as top issues.
Jeff White (opposed). Mr. White pointed out that the facility was built prior to obtaining a SUP.Mayo Lykes (opposed). Mr. Lykes pointed out that the surrounding neighborhoods are more similar to zone RN 5 which does not permit event centers.
Greg Cisco (opposed). Mr. Cisco disagrees with the P & Z Commission findings. The event center is not compatible with the surrounding neighborhoods. Urie Kennedy (opposed). Mr. Kennedy, president of the Warm Creek HOA, does not believe a commercial business belongs in a residential area.
Laura Burnham (opposed). Ms. Burnham cited traffic issues, noise, incompatibility as reasons to deny. She does support small events that wouldn't require a permit. Kim Vletas (opposed). Ms. Vletas is opposed based on many of the concerns already voiced - traffic, noise, wildlife.
Drew Vance (opposed). Mr. Vance is concerned with proximity to neighbors, traffic issues, wildlife, and cost to taxpayers. Chloe Price (opposed). Ms. Price, a resident of Hidden Waters, does not think it is compatible with the surrounding neighborhoods.
Patricia O'Leary (opposed). Ms. O'Leary, a resident of Hidden Waters, gave the Board a map of the area. A commercial activity is not compatible with the area.Anna Trentadue (opposed). Ms. Trentadue pointed out that the lot is too small per the definition of lot in the Land Development Code. Covenants in the subdivision prohibit events (Instrument #229774).
Scott Christiansen (support). Mr. Christiansen supports the application.Anne Callison (opposed). Ms. Callison would like the Planning to staff to note when the concept hearing was and if Gary Armstrong was the Planning Administrator.
Tony Arneson (opposed). Mr. Arneson, a resident of Hidden Waters, is concerned about traffic, noise, and wildlife. He can't imagine how this application got this far. Sue Arneson (opposed). Urges the Board to deny. The only supporters of the application don't live here.
Michael Zolkewitz (opposed). Mr. Zolkewitz, a resident of Hidden Waters, asked the Board to consider if the benefits of the application outweigh the negative impacts on Teton Valley. Melissa Delmonego (opposed). Ms. Delmonego does not believe the application is compatible with a residential area.
Public comment was closed at 3:49 PM.
Applicant rebuttal. The Wendorff's believe they were upfront with their plans when they built the barn. They will require temporary toilets for the larger events. They believe they can mitigate the traffic issues. They believe that the impact will not be as great as represented by most of the commenters. The Board asked what the occupancy of the building is. Mr. Wendorff stated it is 150 people per the Fire Dept.
Ms. Krueger cited Instrument #229484, and read the CC&R's adopted in 2013. It states that no commercial use without the majority of owners of the HOA.Mr. Wendorff stated that they amended the CC&R's though they are not notarized. The new CC&R's allow for broad commercial use.
Board deliberation. The Board discussed:
Approval by P&Z was a split decision.The Code explicitly states that SUP's require a five acre lot.
Overwhelming opposition from public comment.The Int'l Building Code requires two bathrooms with two fixtures each for buildings allowing over 75 occupants. The Building Official allowed occupancy of 117 people.
Some concern if the SUP runs with the land or the owner. The Board could add an expiration to the SUP.How many events is appropriate? Should the County restrict the number of temporary use permits?
Traffic would need to be limited. Inappropriate to burden neighbors with the additional traffic. No ability for the County to improve the road due to other higher priority roads in dire need of work.Incompatibility with surrounding neighborhood.
MOTION: Having reviewed the application materials for the Wendorff Event Center SUP, as well as the additional material provided by staff and other agencies; I hereby move to DENY the Wendorff Event Center SUP, having found that the application does not meet the criteria found in Teton County Land Development Code Section 4-8 and Section 3-2 and Section 3-6.
RESULT:
MOVER:
AYES
NAYES
ABSTAIN
ADOPTED [Unanimous]
Bob Heneage SECONDER: Michael Whitfield
Cindy Riegel, Bob Heneage, Michael Whitfield
None
None
Ms. Krueger presented the staff report for Trestles Subdivision Preliminary Plat public hearing. The Board asked about the status of the NP Study. Jen Zung, the County's consultant for reviewing NP studies, stated that she spoke with the applicant about potential different methodologies. Thus far the applicants have done a level one study. Ms. Zung would recommend a level two study to further understand the impacts of the project on groundwater. She does not recommend approving the current study.
Ms. Krueger confirmed that the fiscal impact analysis did address the applications as an aggregate. She confirmed that there is no open space requirement in a subdivision, but as a Certified Planner she does not believe the application has adequate open space.
The Board asked about the Fiscal Impact Study's validity. In particular they questioned the methodology of the tax revenue calculation. The Board asked about the four lots that are not compliant with the underlying zoning.
The Board expressed concern over contamination to the nearby spring due to its importance to spawning Yellowstone Cutthroat Trout.
Glen Lent, representing the applicants, presented a power point on the application. Mr. Lent thought the P & Z Commission process was unfair. He believes there are a lot of parks, trails, and open space. He believes the NP Study is adequate. He does not believe the County consultant is following the Code.
Public comment was opened at 6:00 PM. Ginny Burnside (opposed). Ms. Burnside is concerned about the impacts to traffic, worried about the impact on wildlife, and polluting the aquifer.
August Christensen, Mayor of Driggs (opposed). Mayor Christenson pointed out that the City of Driggs is asking for a hard line on the southern border of the City for development. The City is opposed to the sprawl that this development creates, Concern regarding traffic and the single point of access. Sue O'Connor (opposed). Ms. O'Connor is opposed for all of the reasons that have been mentioned.
Steve O'Connor (opposed). Mr. O'Connor is opposed due to the impacts on wildlife, impacts on the aquifer, and traffic.Mark Buckley (opposed). Mr. Buckley is most concerned about the intersection at 2000S and Hwy 33.
Anna Trentadue (opposed). Representing Valley Advocates for Responsible Development. Ms. Trentadue believes this application is further from being approvable now than when it was submitted two years ago. Public comment was closed at 6:13 PM.
Applicant rebuttal. Brent Crowther, representing the applicant, stated that the applicant followed the procedure for the NP Study.
Curt Behle, one of the applicants, asked for clarity on what impact fees can be used for. The Board responded that they can only be used for capital improvements identified in the Capital Improvement Plan. They cannot used for personnel or capital items with less than a ten year useful life. The two points of access were created in consultation with the Fire Dept and the Public Works Dept. He clarified that the County consultant is paid by the applicant.
Board deliberation. Jen Zung presented the reasoning behind requiring the down gradient boundary study. The Code also states that additional levels of study can be required due to cumulative impacts. The Board discussed the significant impacts on water quality, water quantity, wildlife, natural resources, and traffic safety.
MOTION: Continue current hearing and Wildflower Rural Reserve hearing to Tuesday March 12 at 8 AM.
RESULT:
MOVER:
AYES
NAYES
ABSTAIN
ADOPTED [Unanimous]
Cindy Riegel SECONDER: Bob Heneage
Cindy Riegel, Bob Heneage, Michael Whitfield
None
None
| 11.6) |
2:50 PM ? PUBLIC HEARING: Wildflower Rural Reserve PUD Preliminary Plat Hearing.
Department: Planning & Zoning
|
This item was continued to Tuesday March12 at 8:00 AM.