Minutes
Planning & Zoning Commission
Public Hearing
June 8, 2021
Starting at 5:00 PM
LOCATION: 150 Courthouse Dr, Driggs, ID 83422
1st Floor Meeting Room
Commissioners Present:
Jack Haddox
J.A. Michelbacher
Erica Tremblay
Timothy Watters
Taylor Cook
Wyatt Penfold
Rebeca Nolan
Staff Present
Gary Armstrong
Sharon Fox
1. Chairman Business
Holly Powers, representing the BoCC, swore in the new Commissioners Wyatt Penfold and Rebeca Nolan.
Mr. Haddox reminded the Commission about the first work session for the Draft Code on June 15, 2021 from 4:00 PM - 7:00 PM. Mr. Armstrong explained the result and summary report from the thousands of public comments received. He briefly walked them through the process and ensured the Planning Commission they would have as much time as they feel is necessary to accomplish the revisions based on the feedback from the public.
2. Administrator Business
Mr. Armstrong announced that the Stallion Springs application was not going to be heard tonight because it would be done administratively based on no overlays and less than 10 lots.
Mr. Armstrong reviewed the subdivision process and explained the different types of application processes the Planning Commission would be dealing with during the hearing.
Item #1. – Action Item: Against the Grain Scenic Corridor Review Hearing The applicant is requesting approval for Scenic Corridor review for the addition of a new timber framed façade on the front of existing building. The building is in the scenic corridor, immediately south of the Rocky Road Industrial Park, west of Highway 33. The property is entirely within the scenic corridor. The proposed structure will be located further from the highway than the existing residence.
Legal Description: Tax #6144 Sec 11 T4N R45E
Mr. Armstrong reviewed the application for the Against the Grain Scenic Corridor permit located on a parcel adjacent to the Rocky Road Industrial Park. They are remodeling the front facade of the existing building on the parcel.
Mr. Todd Whitek, representing the applicant, offered to answer any questions the Commission might have. Mr. Haddox asked about the actual use of the property. Mr. Curt Mitchel commented he would be applying for a new CUP to cover his construction office from that site.
COMMISSION DELIBERATION:
The Commission had no concerns or questions regarding the application.
MOTION: Having found that the proposed development for the Against the Grain (Andy Harlan) property 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 condition:
1) All structures require a Teton County Building Permit and must comply with the Teton County Building Code.
RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Watters, Commissioner
SECONDER: J.A. Michelbacher, Vice Chairman
AYES: Jack Haddox, Chairman, J.A. Michelbacher, Vice Chairman, Erica Tremblay, Commissioner, Timothy Watters, Commissioner, Taylor Cook, Commissioner, Wyatt Penfold, Commissioner, Rebeca Nolan, Commissioner
Item #2. – Action Item: McKean Scenic Corridor Review Hearing The applicant is requesting approval for Scenic Corridor review placement of a mobile home on the property within the Felt Townsite. The property is totally within the scenic corridor as indicated on the map below.
Legal Description: : N 20’ LOT 24; LOTS 25-26-27 BLK 14 FELT TOWNSITE SEC 5 & 6 T6N R45E
Mr. Armstrong reviewed the application to place a mobile home on a lot in Felt Townsite. They will be removing the existing trailer before moving in the new one. The trailer is not a reflective color and there is existing landscaping on the site.
The application was not present for the hearing.
COMMISSION DELIBERATION:
The Commission had no issues with the application.
MOTION: Having found that the proposed development for the Jovita McKean property 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 condition of approval:
1) All structures require a Teton County Building Permit and must comply with the Teton County Building Code.
RESULT: APPROVED [UNANIMOUS]
MOVER: J.A. Michelbacher, Vice Chairman
SECONDER: Wyatt Penfold, Commissioner
AYES: Jack Haddox, Chairman, J.A. Michelbacher, Vice Chairman, Erica Tremblay, Commissioner, Timothy Watters, Commissioner, Taylor Cook, Commissioner, Wyatt Penfold, Commissioner, Rebeca Nolan, Commissioner
Item #3. – Public Hearing: SpringHill Farm Subdivision Preliminary Hearing - POSTPONED Mr. Ralph Miller and Mrs. Angela Miller Burnside are proposing a 2 lot subdivision on approximately 43.5 acres. The residential lots will meet the zoning requirements and each be approximately 21.8 acres. The proposed subdivision includes a small area within in the Waterbird Breeding, Migration, Foraging and Wintering Habitat overlay.
Legal Description: RP04N45E194875; TAX #6777 SEC 19 T4N R45E
RESULT: ADD TO NEXT AGENDA Next: 4/12/2022 5:00 PM
Item #4. – Public Hearing: Spur Hill Patent Subdivision Concept Hearing Joseph Montesano is proposing a 4 lot subdivision on 240 acres located north of Driggs on W 2500 N in the Agriculture - 20-Acre Min. Lot Size zone. The lots will range from 30 acres to 90 acres each. The parcel is located in the Priority Wetland Habitat Overlay.
Legal Description: RP05N45E152400; W2NE4, NW4 SEC 15 T5N R45E
Mr. Armstrong reviewed the application for a four lot subdivision on 240 acres. He explained the Wetlands & Waterway overlay that required the Concept to be reviewed at a Public Hearing. He also commented that the old railroad right-of-way runs across the property. The zone on the property is A-20 so the proposed lots meet the underlying zone lot size and there are two existing ag accesses to the property that have been used for years to bring in livestock for grazing.
Mr. Michelbacher asked if the railroad right-of-way was an issue. Mr. Armstrong explained it is part of the County's pathway trail system, but there are no connections in this area so far.
Mr. Joe Montesano, applicant, commented wanted to divide the property to be used as small ag farms. He intends to have a horse farm on one of the lots being proposed. He commented he was working with Army Corps. on a wetland delineation to determine the location of the building envelopes for each piece. Regarding the railroad right-of-way, he commented he is going to leave the trail connection to the next land owner because the existing right-of-way would interfere with the lot configurations.
PUBLIC COMMENT:
There was no public comment.
COMMISSION DELIBERATION:
The Commission had no issues with the application.
MOTION: Having concluded that all the Criteria for Approval of a Concept Plan found in Title 9-3-2-B 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 approve the Concept Plan for Spur Hill Patent subdivision as described in the application materials submitted April 21, 2021 and as supplemented with additional applicant information attached to this staff report.
RESULT: APPROVED [UNANIMOUS]
MOVER: Erica Tremblay, Commissioner
SECONDER: Wyatt Penfold, Commissioner
AYES: Jack Haddox, Chairman, J.A. Michelbacher, Vice Chairman, Erica Tremblay, Commissioner, Timothy Watters, Commissioner, Taylor Cook, Commissioner, Wyatt Penfold, Commissioner, Rebeca Nolan, Commissioner
Item #5. – Public Hearing: Wilcox Land Use Table Code Amendment It is proposed that Accessory Dwelling, Dwelling, Single-Family Detached, Dwelling, Two-Family, and Mobile Home, Modular Unit, Single-Wide be added as a use "Permitted with Conditions" within the M1 - Industrial/Manufacturing Zone. Conditions would include : Dwelling units will not exceed 25% of the floor area of the M-1 building floor area (an example 2,000 s/f shop would allow for a 500 s/f residential unit); Dwelling unit (s) not exceed 900 s/f of floor area; and Dwelling unit(s) may not be in place prior to the industrial use. Similar allowance of accessory dwelling units is allowed in Driggs Area of Impact Zoning M-1 Light Industrial District.
Mr. Armstrong reviewed the process for a Land Use Code amendment and the function of the Land Use Table in the Ordinance. He then outlined the specifics of the proposed amendment to allow a residential unit above a business in the M-1 zone district. This use is allowed in the M-1 zone in the City of Driggs and in their Area of Impact (AOI). The City of Victor also allows the residential use in their M-1 Zone. Mr. Wilcox is asking to amend the land use table to allow residential uses, with restrictions, as Permitted With Conditions in the M-1 zone.
Mr. Harley Wilcox, applicant, commented his request was based on the need for affordable housing associated with operating a business. He discussed the limits suggested for the size of the residential component which is 25%, and he is proposing not restricting the use to an employee or owner. He also explained the reason for requesting the residence be allowed outside of the industrial use building is so a tiny home could be added on the lot rather than a loft residence in the industrial building since the setbacks will accommodate a small residence and the subdivision does have a design review required for any buildings.
PUBLIC COMMENT:
Mr. Joe Montesano, owner of a lot in Rocky Road Industrial Center, commented he was in full support of the concept and was convinced that this use would be well received.
Mr. Kevin Mayberry, representing the organization Free Teton, commented he was in full support of the change to increase the affordable housing options in the valley.
Ms. Ida Hansen commented there is a strong need for affordable housing and was in favor of the change.
Ms. Mandy Rockefeller commented she was in favor of the code amendment to have a residential component in the M-1 zone. She stated she wanted to see the square footage allowed increased.
Ms. Laci Thomas, Victor resident, spoke in favor of the change due to the dire need for employees to find housing.
COMMISSION DELIBERATION:
Ms. Tremblay commented she was concerned on the safety of a residential component inside a manufacturing building because of the fumes, machinery danger, etc. Mr. Armstrong commented those issue would be dealt with in the building permit process.
Mr. Watters was in favor of the concept because the industrial use has to be in place before the residential component can be added. He felt this prevents the subdivision from turning into a residential subdivision. He was in favor to the attempt to provide more affordable housing in the valley.
Mr. Haddox questioned the implementation of the restrictions on size and the order in which the buildings are constructed. Mr. Armstrong explained the building permit process requires the Planning Department to sign off on all building permits to ensure compliance with setbacks, plat restrictions, size restrictions, etc. so there will be a review of all permits in Driggs Centre to verify compliance with the zone restrictions.
MOTION: Having reviewed the application materials, I move to approve amending Teton County Zoning Code 8-4-1, to include Accessory Dwelling, Dwelling, Single-Family Detached, Dwelling, Two-Family, and Mobile Home, Modular Unit, Single-Wide be added as a use "Permitted with Conditions" within the M1 - Industrial/Manufacturing Zone. Conditions would include: 1) Dwelling units will not exceed 25% of the floor area of the M-1 building floor area (an example 2,000 s/f shop would all for a 500 s/f residential unit); 2)Dwelling unit (s) not exceed 900 s/f of floor area; and 3) Dwelling unit(s) may not be in place prior to or in conjunction with the industrial use.
RESULT: APPROVED [UNANIMOUS]
MOVER: Rebeca Nolan, Commissioner
SECONDER: J.A. Michelbacher, Vice Chairman
AYES: Jack Haddox, Chairman, J.A. Michelbacher, Vice Chairman, Erica Tremblay, Commissioner, Timothy Watters, Commissioner, Taylor Cook, Commissioner, Wyatt Penfold, Commissioner, Rebeca Nolan, Commissioner
Adjourn
MOTION: Adjourn 7:15 PM
RESULT: ADOPTED [UNANIMOUS]
MOVER: J.A. Michelbacher, Vice Chairman
SECONDER: Erica Tremblay, Commissioner
AYES: Jack Haddox, Chairman, J.A. Michelbacher, Vice Chairman, Erica Tremblay, Commissioner, Timothy Watters, Commissioner, Taylor Cook, Commissioner, Wyatt Penfold, Commissioner, Rebeca Nolan, Commissioner