Minutes
Planning & Zoning Commission
Public Hearing
September 13, 2022
Starting at 5:00 PM
LOCATION: 150 Courthouse Dr, Driggs, ID 83422
1st Floor Meeting Room
Commissioners Present:
Wade Kaufman
J.A. Michelbacher
Erica Tremblay
Rebeca Nolan
Commissioner Timothy Watters -- Absent
Commissioner Wyatt Penfold -- Absent
Commissioner Lindsey Love -- Absent
Staff Present
Claire Lazes
Sharon Fox
Jade Kreuger
1. Approval of Minutes
· Tuesday June 14, 2022
RESULT: ACCEPTED AS AMENDED [UNANIMOUS]
MOVER: Erica Tremblay, Commissioner
SECONDER: Wade Kaufman, Commissioner
AYES: Wade Kaufman, Commissioner, J.A. Michelbacher, Chairman, Erica Tremblay, Commissioner, Rebeca Nolan, Commissioner
ABSENT: Timothy Watters, Commissioner, Wyatt Penfold, Commissioner, Lindsey Love, Commissioner
· Tuesday July 12, 2022
RESULT: ACCEPTED AS AMENDED [UNANIMOUS]
MOVER: Wade Kaufman, Commissioner
SECONDER: J.A. Michelbacher, Chairman
AYES: Wade Kaufman, Commissioner, J.A. Michelbacher, Chairman, Erica Tremblay, Commissioner, Rebeca Nolan, Commissioner
ABSENT: Timothy Watters, Commissioner, Wyatt Penfold, Commissioner, Lindsey Love, Commissioner
2. Chairman Business
Mr. Michelbacher thanked Commissioner Tremblay for her service on the Planning Commission and wished her well in the future. This will be her last meeting.
Mr. Michelbacher asked the Commission for another volunteer to attend the joint P&Z hearing at the City of Driggs on September 14th at 6:00 PM. There were no additional Commissioners available to attend. Mr. Michelbacher would be the only representative.
3. Administrator Business
Ms. Krueger informed the Commission that the meeting could still be held with the City of Driggs, but would appreciate anyone who might be free at the last minute.
Ms. Krueger then informed the audience and the Commission that Maple Bella Vista has been postponed. She briefly discussed the Short Plat application process, which was being used by one of the applications. Ms. Krueger also discussed a proposed training on the new Land Use Code in January.
Item #1. – Scenic Corridor Review: Alpine Acres Scenic Corridor Hearing Jackson Hwy, LLC has submitted an application for a Scenic Corridor Overlay review for Lots 7 - 11 in Alpine Acres Subdivision located on Hwy 33 and W 5000 S between Victor & Driggs.
Legal Description: Lots 7 - 11 Alpine Acres Subdivision, Sec 26, T4N, R45E
Ms. Claire Lazes reviewed the application for a Scenic Corridor Review for Alpine Acres Subdivision located on Hwy 33 and W 5000 S. The applicant has applied for 5 structures and driveways on 3 lots in the subdivision. She discussed existing landscaping, building materials, and suggested conditions of approval that included additional landscape buffering for the residences on the highway.
Mr. Harley Wilcox, applicant, commented he did not find screening requirements in the Ordinance for the homes in the Scenic Corridor and stated there will not be any storage proposed for the tiny homes. He stated the 510 sq. ft. homes will share the septic on each lot and there will be shared wells. He stated he is not planning on any additional landscaping along the Hwy 33 frontage in order to keep the sales price affordable in his opinion. He emphasized he is bringing in these tiny homes to provide affordable housing and that the buyers could provide their own landscaping when ready.
COMMISSION DELIBERATION:
Ms. Nolan asked Mr. Wilcox if his intent is to sell the units individually. Mr. Wilcox stated he would be selling them. The Commission was pleased with the attempt to provide affordable housing, but would have liked to see more landscaping provided by the applicant. They strongly suggested he reconsider adding at least minimal landscaping on the highway frontage.
MOTION: Having found that the proposed development for Jackson Hwy LLC is consistent with the Teton County development ordinances, specifically Title 8-5-2-D, I move to approve the Scenic Corridor Permit with the conditions provided in the staff report.
RESULT: APPROVED [UNANIMOUS]
MOVER: Wade Kaufman, Commissioner
SECONDER: Erica Tremblay, Commissioner
AYES: Wade Kaufman, Commissioner, J.A. Michelbacher, Chairman, Erica Tremblay, Commissioner, Rebeca Nolan, Commissioner
ABSENT: Timothy Watters, Commissioner, Wyatt Penfold, Commissioner, Lindsey Love, Commissioner
Item #2. – Public Hearing: Eustachy-Wysong Ranch Subdivision Concept Plat Hearing (Continued & Revised) Eustachy-Wysong LLC has submitted an application for a 12 lot subdivision on 60 acres located at 3769 W 4850 N south of Tetonia. Zoning is A/RR 2.5 and there are Big Game Migration, Songbird/Raptor Breeding Habitat, and Priority Wetland Habitat overlays as well as floodplain. Lots range in size from 2.5 to 10 acres.
Legal Description: RP05N45E053100; TAX #7416 SEC 5 T5N R45E
Ms. Krueger reviewed the application for a 12 lot subdivision on 60 acres located on 3769 W 7 4850 N south of Tetonia. She explained the proposal has been revised since the original application hearing and the changes made since the first hearing, along with the required studies and the need for fire suppression approval. Ms. Krueger also commented that the access has been resolved and that no new public comment was received after the proposed changes were posted on the website.
Mr. Brent Crowther with Civilize Engineering, LLC, representing the applicant, commented they have no problems with the proposed conditions of approval and do not believe that clustering the lots was in the best interest of the applicant. He stated they would consider this approach once all the studies are complete based on the results.
Mr. Kaufman asked how the houses would be constructed when the water pivot covers four different properties. Mr. Crowther commented the issues have not been resolved on the water rights and the pivot irrigation at this time.
PUBLIC COMMENT:
Mr. Peter Moffett commented he has been taking care of the property since the new owners took possession and wanted to speak in favor of the Concept application based on the efforts of the applicants to try and develop the property without requesting the maximum density.
Mr. Glenn Moradian, adjacent property owner, commented against the application because it will displace the current Ag use of this parcel that has a pivot that moves across it and adjacent properties that will no longer be able to function if houses are built on this parcel. He was also concerned about access. He stated he will sue the County if this development is approved.
Ms. Sheree Petrovic was concerned about losing the Ag land and the animal migration corridors in this part of the County.
Ms. Helen Seay, adjacent property owner, was concerned about losing the Ag use of the land and the conservation value of losing the existing wildlife corridor.
Ms. Ida Hansen commented that it is the Commission's obligation to base their decision on the Code that was in effect when the application was submitted, and this application meets the underlying densities and will be doing all required studies to move forward to the next step.
Ms. Merri Moradian, adjacent property, provided a video for the Commission showing the property when it was in Ag use. This video was played by Niki Richards with VARD.
APPLICANT REBUTTAL:
Mr. Crowther commented that there is an easement agreement to access the property and the owner is aware that they will have to make road improvements on County roads to mitigate the increased traffic. He was confident that the subdivision application will be approved by EIPH and the parcel will qualify for domestic wells on each lot through IDWR. He also pointed out that the revised application is requesting less that the underlying zoning allows.
COMMISSION DELIBERATION:
Mr. Michelbacher commented the application is a Concept application and will not have all the answers until moving forward to Preliminary Plat stage until the tests are completed. Ms. Tremblay commented she would like to see larger lots and more open space, but since it is a Concept application she felt it meet the criteria for approval. Mr. Kaufman commented he supported individual property rights but was concerned with the loss of productive Ag land. He would prefer to see the lots clustered to allow for more open space and larger lots. Ms. Nolan was concerned that the proposal does not take into consideration the loss of water rights for adjacent Ag lands and the loss of the pivot operations. She wanted to see the building envelopes outside the reach of the pivot so it could continue to operate.
MOTION: Having concluded that the Criteria for Approval of a Subdivision Concept Plan found in Title 9-3-2(B-4) can be satisfied with the condition the developer review the layout of the current lots to increase the sizes of the lots and to reduce impact of those lots on the pivot and the multiple habitat ovelrays, I move to APPROVE the Concept Plan for Eustachy-Wysong Subdivision as described in the application materials submitted March 14, 2022, and as updated with additional applicant information attached to this staff report.
RESULT: APPROVED [3 TO 1]
MOVER: Erica Tremblay, Commissioner
SECONDER: J.A. Michelbacher, Chairman
AYES: J.A. Michelbacher, Chairman, Erica Tremblay, Commissioner, Rebeca Nolan, Commissioner
NAYS: Wade Kaufman, Commissioner
ABSENT: Timothy Watters, Commissioner, Wyatt Penfold, Commissioner, Lindsey Love, Commissioner
Item #3. – Public Hearing: Farmstead Subdivision Concept Hearing Driggs Acquisition, LLC submitted an application for an 8-lot subdivision on two parcels totaling 41.24 acres located on E 1000 S southeast of Driggs. Zoning is A/RR-2.5 and the lots range in size from 4.3 - 6.02 acres. There are no overlays on the parcel.
Legal Description: RP04N46E060150; TAX #6731 SEC 6 T4N R46E and RP04N46E060050; TAX #6730 SEC 6 T4N R46E
Ms. Lazes reviewed the application for an 8 lot subdivision on two parcels totaling 41.24 acres located on E 1000 S. There are no overlays on the property and the lots range in size from 4.3 to 6 acres. She reviewed the need for a subdivision application approval with EIPH and the need for a fire suppression plat approved by the Fire Marshal that will be required at the Preliminary Plat stage and the need for an improvements plan to cover the required improvements. Ms. Lazes also commented on the temporary employee housing units that will be removed by the end of the summer season.
Mr. Bob Oblondi with Rendezvous Engineering, representing the applicant, commented they combined the lots to have one HOA and all be under the same CC&Rs. He stated they will pursue the EIPH approval and meet with the Fire Marshal to define the fire suppression needs prior to Preliminary Plat submittal.
PUBLIC COMMENT:
There was no public comment.
COMMISSION DELIBERATION:
The Commission had no issues with the application at this stage.
MOTION: Having concluded that the Criteria for Approval of a Subdivision Concept Plan found in Title 9-3-2(B-4) can be satisfied I move to APPROVE the Concept Plan for Farmstead Subdivision as described in the application materials submitted November 5, 2021 and as updated with additional applicant information attached to this staff report with the inclusion of the following condition of approval: 1) the applicant come back with full water right details at Preliminary Plat stage.
RESULT: APPROVED [UNANIMOUS]
MOVER: Rebeca Nolan, Commissioner
SECONDER: Wade Kaufman, Commissioner
AYES: Wade Kaufman, Commissioner, J.A. Michelbacher, Chairman, Erica Tremblay, Commissioner, Rebeca Nolan, Commissioner
ABSENT: Timothy Watters, Commissioner, Wyatt Penfold, Commissioner, Lindsey Love, Commissioner
Item #4. – Public Hearing: 2HJ Hastings Preliminary Plat Hearing Jeff & Beverly Hastings submitted an application for a 6-lot subdivision on 16.28 acres located on Stateline Rd and E 3000 N. This parcel is north of Driggs and is zoned A/RR 2.5 with no overlays. The lots range in size from 2.51 to 5.15 acres.
Legal Description: RP05N46E170600; TAX #3493 SEC 17 T5N R46E
Ms. Krueger reviewed the application for a 5 lot subdivision on 16.28 acres located on Stateline Road and E 3000 N. The parcel has no overlays and the fire suppression system and EIPH subdivision applications have been approved. The applicant met the interior road requirements and provided CC&Rs that cover the required County conditions.
Mrs. Sharon Woolstenhulme with AW Engineering, representing the applicant, commented that the application was to divide property between family members. She commented the applicant has an access agreement with the Eidelweis subdivision and a fire suppression agreement with the adjacent Eidelweis Subdivision. She also pointed out the applicant has already deposited money with Teton County to cover the required improvements. Ms. Woolstenhulme also discussed the Grand Teton Irrigation Company water rights.
PUBLIC COMMENT:
There was no public comment.
COMMISSION DELIBERATION:
The Commission was pleased to see a family owned parcel being divided among family members.
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 recommend APPROVAL of the Preliminary Plat for the 2HJ Hastings Ranch Subdivision as
described in the application materials submitted on June 16, 2022, and additional information attached
to the staff report.
RESULT: APPROVED [UNANIMOUS]
MOVER: Wade Kaufman, Commissioner
SECONDER: Erica Tremblay, Commissioner
AYES: Wade Kaufman, Commissioner, J.A. Michelbacher, Chairman, Erica Tremblay, Commissioner, Rebeca Nolan, Commissioner
ABSENT: Timothy Watters, Commissioner, Wyatt Penfold, Commissioner, Lindsey Love, Commissioner
Item #5. – Public Hearing: Celebration Acres Subdivision Preliminary Plat Hearing Max Nedved submitted an application for a 2-lot subdivision on 5.47 acres located on S 1000 E between E 4625 S & E 5000 S. The parcel is zoned A/RR 2.5 and has no overlays. Lots will be 2.5 ac & 2.97 ac.
Legal Description: RP04N46E196120; TAX #5901 SEC 19 T4N R46E
Ms. Krueger reviewed the application for a 2 lot subdivision on 5.47 acres that is being processed as a Short Plat application located on S 1000 E between E 4625 S & E 5000 S. Ms. Krueger read the comments from the County Engineer regarding the access requesting a plat note that limits further lot splits unless the access is improved to County standards for more than 2 lots.
Mr. Taylor Cook with Nelson Engineering, representing the applicant, commented the applicant will meet the driveway standards and had no issues with adding a plat note regarding further lot splits.
PUBLIC COMMENT:
Mr. Brad Kirstetter, owner of the 5 acre lot just to the north, asked if a future lot split would be allowed on his lot. Mr. Michelbacher stated he would have to bring the driveway up to County road standards in order to do that.
COMMISSION DELIBERATION:
The Commission had no issues with the application.
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 RECOMMEND APPROVAL of the Preliminary Plat for the Celebration Acres Subdivision as described in the application materials submitted on May 17, 2022, and additional information attached to the staff report.
RESULT: APPROVED [UNANIMOUS]
MOVER: Wade Kaufman, Commissioner
SECONDER: Rebeca Nolan, Commissioner
AYES: Wade Kaufman, Commissioner, J.A. Michelbacher, Chairman, Erica Tremblay, Commissioner, Rebeca Nolan, Commissioner
ABSENT: Timothy Watters, Commissioner, Wyatt Penfold, Commissioner, Lindsey Love, Commissioner
Item #6. – Public Hearing: Frontier Ranches Subdivision Substantial Plat Amendment Alexis Oltman submitted an application to subdivide Lot 5, Frontier Ranches Subdivision into 2 lots of 2.5 acres each located just south of W 7000 S on Mustang Trail. There are no overlays on the lot.
Legal Description: RP002900000050; LOT 5 FRONTIER RANCHES SUB SEC 34 T4N R45E
Ms. Krueger reviewed the application for a plat amendment to the Frontier Ranches Subdivision located just south of W 7000 S on Mustang Trail. Because the request increases the density in the subdivision it is being processed as a significant plat amendment. She discussed the conditions of approval suggested in the staff report and noted that there are no overlays on the parcel so there will be no additional studies required. She also mentioined that the existing CC&Rs allow for further lot splits such as the one being proposed.
Mr. Taylor Cook with Nelson Engineering, representing the applicant, commented on the condition listed in the CC&Rs that allows further lot split on this lot and Lot 4. He also stated that they will approach the HOA for a formal letter of approval.
PUBLIC COMMENT:
There was no public comment.
COMMISSION DELIBERATION:
The Commission had no issues with the split based on the fact that the CC&Rs stated further lot splits of the two large lots were allowed.
MOTION: Having found that the proposed plat amendment for Frontier Ranches Subdivision complies with the requirements of Title 9-7-1 (B-3b) based on the findings prepared in the staff report, I move to approve the application submitted on June 15th, 2022.
RESULT: APPROVED [UNANIMOUS]
MOVER: Erica Tremblay, Commissioner
SECONDER: Rebeca Nolan, Commissioner
AYES: Wade Kaufman, Commissioner, J.A. Michelbacher, Chairman, Erica Tremblay, Commissioner, Rebeca Nolan, Commissioner
ABSENT: Timothy Watters, Commissioner, Wyatt Penfold, Commissioner, Lindsey Love, Commissioner
Item #7. – Public Hearing: MD Garden Grove Subdivision Concept Hearing & Zone Change Brian Haynie and Arno Kruisman submitted an application for a 32-lot subdivision for employee housing on a single 40-acre parcel owned by MD Nursery and Landscaping Inc. The parcel is located off of Hwy 33, south of E 2000 South approximately 1 mile from the City of Driggs. To facilitate this development a zone change is required from A/RR 2.5 to C-2. All 32 lots will be approximately .25 acres.
Legal Description: RP04N45E111800; TAX #6229 SEC 11 T4N R45E
Ms. Krueger reviewed the request for a Zone Change and a Concept Subdivision on a 40 acre parcel located behind the existing MD Nursery landscape operation. They are requesting the zone be changed to C-2 in order to allow for 32 lots of approximately .25 acres each. She also commented on the need for the Zone Change to move forward to the BoCC for the next step and the fact that the subdivision will need to be reviewed by the Planning Commission again once the Preliminary Plat application is submitted. She pointed out the lots will be too small for well & septic on each lot so the applicant will be proposing some type of community system to deal with the issue. Ms. Krueger reviewed the studies that will be required for a Preliminary Plat application and talked about the local Housing Authority input which suggested deed restrictions on the houses and that the Housing Authority requests a formal review before this moves forward to the BoCC. She discussed the public comments received and the Commercial Development Agreement for the Zone Change that will provide restrictions on the sale or rental of the homes and other significant issues.
Mr. Brian Haynie, applicant, asked if the deed restriction was standard procedure, but noted he was against the restriction. He stated he is losing employees because there is no place to live, and employees have expressed the desire to own their home and not rent forever. He stated he would withdraw the application if the deed restriction was required, and he is willing to reconsider the density if necessary.
PUBLIC COMMENT:
Mr. Jeff Battle, adjacent property owner, commented he was concerned about buildings being built that were 2 stories or more and that it will severely impact the view from the neighbors. He was also concerned with the precedent being set for high density housing such as what is being proposed. Mr. Battle stated he does support the proposal.
Ms. Ida Hansen commented she was concerned with deed restrictions because lenders do not want to lend money for a home that is deed restricted. She was in favor of employee housing and did not want it be restricted unless there is government money involved in the financing of the housing.
Mr. Keith Bruns, adjacent property owner, wanted to see less density and see the houses moved more to the center of the property.
Mr. Ben Culbertson, adjacent property owner, was opposed to the high density and the lack of improved open space. He wanted to see deed restrictions if the Commission was going to move forward. He also commented on the behavior of MD Employees when people where running on the pedestrian trails in the adjacent subdivision.
Mr. Michelbacher read into the record a comment by Mrs. Culbertson who also objected to the application based on the density and the impact on the water table.
Mr. Mark Buckley, adjacent property owner, was opposed to placing homes on the eastern boundary but not as much opposed to the 2nd option.
Ms. Niki Richards, representing VARD, commented that rezoning would allow increased density that would not be consistent with the adjacent parcels and was concerned with the lack of control if not deed restricted.
APPLICANT REBUTTAL:
Mr. Brian Haynie, applicant, apologized for the behavior of his employee towards people running on the bike path adjacent to the their property. He stated he was not sure how to move forward at this time. Ms. Krueger suggested tabling both applications and meeting for a work session with the Planning Commission, the BoCC and the Joint Housing Authority. Mr. Haynie commented he would welcome a joint work session but will withdraw the application if any deed restrictions are required.
COMMISSION DELIBERATION:
Mr. Kaufman commented he was in favor of the employee housing concept and felt it was admirable for the applicant to attempt to solve that issue. Mr. Michelbacher encouraged the applicant to agree a joint work session and not withdraw the application until that discussion was held. Ms. Tremblay agreed the applicant should not withdraw the application until they have a chance to work with both governing boards.
MOTION: I move to continue the public hearing for the Garden Grove Subdivision Concept application and the Zone Change application in order to obtain additional information from a joint work session between the Board of County Commissioners, the Applicant, the Planning Commission, and the Joint Housing Authority with a future hearing date to be established after the work session.
RESULT: APPROVED [UNANIMOUS]
MOVER: J.A. Michelbacher, Chairman
SECONDER: Rebeca Nolan, Commissioner
AYES: Wade Kaufman, Commissioner, J.A. Michelbacher, Chairman, Erica Tremblay, Commissioner, Rebeca Nolan, Commissioner
ABSENT: Timothy Watters, Commissioner, Wyatt Penfold, Commissioner, Lindsey Love, Commissioner
Item #8. – Public Hearing: Maple Bella Vista Subdivision Concept Hearing-POSTPONED Howard Smith submitted an application for a 5-lot subdivision on 156.1 acres located on W 3000 N & N 2000 W northwest of Driggs. Zoning is A-20 and there is a Priority Wetland Habitat overlay. The proposed lots are four 20-acre lots and one 81-acre lot.
Legal Description: RP05N45E097800; SE4 LESS TAX #1578 SEC 9 T5N R45
The application was postponed pending updated information required from the applicant.
RESULT: ADD TO NEXT AGENDA Next: 1/10/2023 5:00 PM
Adjourn
MOTION: Adjourn 8:30 PM
RESULT: ADOPTED [UNANIMOUS]
MOVER: Erica Tremblay, Commissioner
SECONDER: Wade Kaufman, Commissioner
AYES: Wade Kaufman, Commissioner, J.A. Michelbacher, Chairman, Erica Tremblay, Commissioner, Rebeca Nolan, Commissioner
ABSENT: Timothy Watters, Commissioner, Wyatt Penfold, Commissioner, Lindsey Love, Commissioner