Planning & Zoning Commission 5.14.24
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TETON COUNTY

PLANNING & ZONING COMMISSION 5.14.24

MINUTES | MAY 14, 2024
1st Floor Meeting Room
150 Courthouse Dr, Driggs, ID 83422
3:45 PM
Commissioners Present:
Lindsey Love
Tim WattersWyatt Penfold
Wade KaufmanJames Weber
Tyler Wertenbruch

Staff Present:
Jade Krueger
Sharon FoxTorin Bjorkland

LOCATION:             150 Courthouse Dr, Driggs, ID 83422                                  1st Floor Meeting Room

1) 4:00 PM PUBLIC HEARING: City of Driggs AOI Discussion

Ms. Krueger started by reviewing the issues and questions that were not resolved at the previous discussion of the Driggs AOI proposal. She discussed the design review criteria and the Driggs City Council review process.
Mr. Wertenbrauch asked if the parcels that will no longer be in the AOI will be rezoned at that time as well. Ms. Krueger commented that would be the process.
Ms. Krueger pulled up the proposed AOI zoning map and discussed the boundaries and the proposed changes.
Mr. Weber asked if the city will eventually annex all of Tributary. Ms. Krueger commented they will need to do that before they can plat another portion of the subdivision.
Mr. Watters felt the areas that will be rezoned in the north and east side should be the RN-5 that they border at this time. Ms. Krueger felt that would be the best zone since that is the smallest lot size in the County.
Ms. Krueger commented there is no recommendation to increase the IR zoning. She felt the south side would likely be rezoned R-20. Mr. Watters thought the new parcel size should be smaller when adjacent to the City.
Mr. Wertenbruch suggested asking the City for clarification of their desire for zoning next to the IR zone rather than the R-20.
Mr. Penfold asked about Phase II of Driggs Centre that should be IR since it is already planned for expansion in the future.  Mr. Penfold also suggested the parcels adjacent to the north border of Driggs Centre should also be considered to be rezoned to IR.
Mr. Watters asked what was next. Ms. Krueger stated she would incorporate the suggested changes and the next step would be a public hearing.

2) Approval of Minutes

1) Amended October 10, 2023 Minutes



Mr. Watters asked to postpone approval of the October 10, 2023 Minutes until the next meeting to discuss the amendment process.

2) April 9, 2024 Minutes



MOTION: Approve.
RESULT:
MOVER: AYES
NAYES ABSTAIN
ADOPTED [Unanimous]
Tyler Wertenbruch        SECONDER: Wyatt Penfold
Wyatt Penfold, Wade Kaufman, James Weber, Tyler Wertenbruch None
Lindsey Love, Tim Watters


3) Chairman Business

There was no Chairman business.

4) Administrator Business

Ms. Krueger discussed the status of the upcoming AOI discussions and the timing involved.
Ms. Krueger then informed the Commission that two new members have been selected and they will begin in July although one of them is tentative.
She then discussed the discussion process for the NRO adoption.

5) Action Items

5:00 PM PUBLIC HEARING: Wildlife Advisory Committee Recommendation Updated Natural Resource Overlay (NRO) Map: The current NRO has been in effect since 2006, without updates or revisions. In the years between 2006 and 2024, new data has accumulated regarding wildlife resources in Teton County, Idaho. The Comprehensive Plan and the Land Development Code direct the County to include new, credible information to the overlay map to guide land use and site planning decisions. P&Z will hear recommendations from Teton County’s Wildlife Advisory Committee for updates to three layers of the NRO based on data from Idaho Department of Fish and Game and Teton Regional Land Trust. The proposed revisions can be found at Teton County’s website on the Planning & Zoning Department page. 
  Legal Description: Unincorporated areas of Teton County Idaho, located within Townships 3-7 North, and Ranges 43-46 East, with adopted Areas of Impact of the Cities of Driggs, Victor, and Tetonia subject to existing adopted agreements.


Ms. Krueger commented the overlays have not been updated since 2006 so this is why the overlays are being looked at again.  She discussed the items that were proposed for updating and the background on how the information was obtained and the different entities involved. She pointed out that the new maps do not affect the zoning or the Comp Plan. She pointed out that this does not amend the new LDC adopted in 2022.
Mr. Ray Landon, representing the Wildlife Committee, discussed the Resolution that formed the Committee in May of 2022 and pointed out that they are a recommending committee not lawmakers.  He stated the Comp Plan and the new LDC were the documents that were used to propose changes. He then discussed the agencies that provided data to support the proposed changes. Their recommendation was to updated 3 of the 7 overlay maps which will be Big Game Migration Corridors & Seasonal Range, the Columbia Sharp-tailed Grouse Breeding Habitat, and Waterbird Breeding, Migration, Foraging, Wintering Habitat.
Ms. Linda Unland, committee member, pointed to the layers so the public could follow the changes Mr. Landon was reviewing.
Mr. Kaufman asked the origin of the committee. Mr. Landon stated there are nine members and there were 2 people from the ag world but they left the committee in May of 2022.  Mr. Kaufman wanted to know the background of the committee members. Mr. Landon  reviewed the members occupations.
Mr. Wertenbruch asked about the data collection process. Mr. Landon stated most of the data came from Fish & Game and also from the Land Trust.
PUBLIC COMMENT:
Mr. Anthony Wilcox spoke in opposition.
Mr. Mike Merigliano spoke in a neutral position.
Mr. Matthew Strong spoke in opposition.
Mr. Ben Brown spoke in opposition.
Mr. Charlie Cook spoke in opposition.
Mr. Curt Behle spoke in opposition.
Mr. David Breckenridge spoke in opposition.
Ms. Ida Hansen spoke in opposition.
Mr. Derek Ellis spoke in favor.
Mr. Harley Wilcox spoke in opposition.
Ms. Penny Vasquez spoke in opposition.
Mr.  Anthony Reynolds spoke in opposition.
Mr. J.B. Ferrarone spoke in favor.
Mr. Tayson Rockefeller spoke in  neutral.
Mr. Kevin Mayberry spoke  in opposition.
COMMISION DELIBERATION:
Mr. Watters asked Ms. Krueger to speak as to how the map will affect land owners and the context on how the map will be used. to benefit the wildlife. Ms. Krueger commented the maps were not to prevent building but help located a building site that would be less detrimental to the wildlife. She pointed out it does not change the density of any parcel of land.
Mr. Wertenbruch was concerned with the clarity in using the proposed maps and the impact. He was also concerned with the process being used so far. He did not want to do anything until the parameters of the study that was done have been established.
Mr. Penfold wanted to have clear guidelines on what is expected and was concerned with over reach on the part of the County. He was not sure the study was accurate. He also wanted to see specific parameters used in the study. He felt the map area should be reduced on the east side and supported the overlay on the west side up against the Big Holes.
Mr. Weber commented he agreed the maps need updated but was concerned the overlays were not clear as to how they impact individual land owners that want to build a structure. He wanted to see more clarity in the process and the proposed maps.
Mr. Watters commented he did not think it was the role of the PZC to amend the map when the process was dictated by a committee formed by the BoCC.  He wanted input from the PZC on how they felt about the new map and the adoption process. He also wanted more clarity on how it will impact individual land owners.
Mr. Kaufman commented he did not feel the WAC formed had a diverse enough membership to have a healthy conversation that represented the valley as a whole. He pointed out that the wildlife patterns have changed over the years based on the increase in population. He believed they are moving closer to the cities to escape predators. He was concerned with who is making money off the studies people are now required to pay for and he did not feel the map was accurate.
Ms. Love commented she thought maybe having different densities applied to the map, especially in the big game migration corridor, might help. She believed the map should be updated but was concerned with the process. She felt there needs to be more information provided on the process.
Ms. Renee Seidler, a member of the WAC, commented on how the lines were created on the map. She said it came from the 2022 IDF&G report for Teton County Idaho. She commented that the map will not prevent development of a parcel but rather to try and minimize the impact of the development on the migration corridor.





MOTION: I move to recommend approval of the map with the condition that the BoCC does not finally approve the map until they have made clear how the map will be implemented into the code and costs as it relates to land owners.
The Motion failed due to lack of a second.
RESULT:
MOVER: AYES
NAYES ABSTAIN
FAILED [Unanimous]
Tim Watters        SECONDER:
None None
None


MOTION: (Restated) Mr. Kaufman moved that Fish & Game's report adopts the Figure #4 map minus public lands and city AOIs along with the bird habitat areas proposed with a hard look at the details and the lines correlating to legitimate habitat impact areas with clarification around the cost associated when the map is utilized and a definition of a process on how this would be utilized for development.
RESULT:
MOVER: AYES
NAYES ABSTAIN
ADOPTED [Unanimous]
Wade Kaufman        SECONDER: Wyatt Penfold
Lindsey Love, Tim Watters, Wyatt Penfold, Wade Kaufman, James Weber, Tyler Wertenbruch None
None


5:30 PM - ACTION ITEM: Fall River Electric Scenic Corridor Review. Wendi Celino, representing Fall River Electric, is requesting approval for a Scenic Corridor review for placement of a modular home to be used as employee housing for Fall River Electric. The property is within the Scenic Corridor Overlay and has some existing mature vegetation, such as cottonwood, which would provide some visual buffering of the proposed home. A site plan, landscape plan and material renderings have been provided.  A Boundary Adjustment will be done with the adjoining parcel prior to Building Permit application to accommodate the required setbacks.
  LEGAL DESCRIPTION:RPG00240100016; LOTS 16-19 & 21-22 BLK 10 DESCRIBED IN TAX #7614 FELT TOWNSITE SEC 5 & 6 T6N R45E  and RPG00240100230; LOTS 23-24 BLK 10 FELT TOWNSITE SEC 5 & 6 T6N R45E


Mr. Bjorkland reviewed the application to build a single family home in the Scenic Corridor in Felt. He reviewed the site constraints and the suggested conditions of approval.
The applicant was not present.
Commission Deliberation:
The Commission had no issues with the application.










MOTION: Having found that the proposed development for Fall River Electric is consistent with the LDC Chapter 5-5, I move to approve the Scenic Corridor Permit with the conditions of approval listed in the staff report.
 
RESULT:
MOVER: AYES
NAYES ABSTAIN
ADOPTED [Unanimous]
Tyler Wertenbruch        SECONDER: Wyatt Penfold
Lindsey Love, Tim Watters, Wyatt Penfold, Wade Kaufman, James Weber, Tyler Wertenbruch None
None




Mr. Bjorkland reviewed the application to build a single family residence in the Redtail Subdivision in the Driggs AOI. He reviewed the staff report and suggested conditions of approval.
The applicant was present on Zoom but had nothing to add.
COMMISSION DELIBERATION:
Mr. Kaufman asked about the deck breaching the property line in the rendering. Ms. Krueger commented that certain exterior features are allowed to be placed outside the building envelopes based on approval from the HOA.







MOTION: Having found that the proposed development for 1644 Telemark Trail is consistent with the LDC Chapter 5-5, I move to approve the Scenic Corridor Permit with the conditions of approval listed in the staff report.
 
RESULT:
MOVER: AYES
NAYES ABSTAIN
ADOPTED [Unanimous]
Wyatt Penfold        SECONDER: James Weber
Lindsey Love, Tim Watters, Wyatt Penfold, Wade Kaufman, James Weber, Tyler Wertenbruch None
None




Mr. Bjorkland stated the application is being rescheduled due to lack of required information.












Mr. Bjorkland reviewed the application for a 3 lot subdivision on 19.06 acres. He discussed the need to confirm access to the subdivision and a need for a road maintenance agreement, inter-agency comments, and suggested condition of approval that included continuing the hearing until the new information can be reviewed.
Mr. Taylor Cook with Nelson Engineering, representing the applicant,  commented he has updated the plat to show access off of N 1000 E. He told the Commission that Madison Meadows would not grant use of that road for access.  He commented that the title company has produced documents to show they have legal access so they do not need an agreement.
PUBLIC COMMENT:
Mr. Frank Cummings, adjacent property owner, commented the land is currently being farmed and he was hoping the County would encourage the applicant to continue the farming operation. He objected to the statement that there is legal access on 1000 E.
Mr. Andrew Burns, president of Madeline Meadows HOA, believes N 1000 E is a private road and the applicant will need to enter into a road maintenance agreement.  He also commented on the road quality of Madeline Road.
APPLICANT REBUTTAL:
Mr. Cook commented he is aware that the road is private but Madeline Meadows cannot deny access based on the warranty deeds. He also commented they will be happy to enter into a road agreement.
Mr. Penfold asked about the shares from the Teton West Irrigation company. Mr. Cook stated he was not sure about the shares and would look into this.
COMMISSION DELIBERATION:
The Commission agreed that to continue the hearing would give the applicant time to gather the necessary information and still move forward. They asked the applicant if they would be OK with the June 11th hearing giving him enough time to work out the road agreement. Mr. Cook commented they would be OK with the continuation.















MOTION:
 I move to continue the public hearing for Canvasback Short Plat Subdivision as Preliminary Plat in order to obtain additional information from the applicant or other agencies to the June 11th PZC hearing.
RESULT:
MOVER: AYES
NAYES ABSTAIN
ADOPTED [Unanimous]
James Weber        SECONDER: Wyatt Penfold
Lindsey Love, Tim Watters, Wyatt Penfold, Wade Kaufman, James Weber, Tyler Wertenbruch None
None




Ms. Krueger reviewed the application for a 12 lot subdivision on 30 acres located just outside of the Driggs AOI. She reviewed the  inter-agency comments and suggested conditions of approval that included a future contribution to improvements on Hwy 33 to add a turn lane to help mitigate the traffic issues gaining access to Hwy 33.
Ms. Megan Nelms with Y2 Consultants, representing the applicant, commented the applicant has no issue with the suggested conditions of approval and will incorporate the berm improvements into the cost estimate.
Mr. Burton with Y2 Consultants, author of the NRA study, commented there is a small impact on the parcel by developing it but he felt it was no more dense than other subdivisions in the area. He stated that on this specific parcel there is an impact based on the density, but saw no sign of big game wildlife on the parcel.
Mr. Jeffrey Bower with Givens Pursley, representing the applicant, commented on the traffic mitigation and did not feel the project will be creating an impact on Hwy 33 so he did not feel the applicant should have to contribute any monies to a turn lane on the highway.
Mr. Darwiche, applicant, commented they are not going to be building homes immediately and did not want to hold up the application over the traffic study.
PUBLIC COMMENT:
There was no public comment.
COMMISSION DELIBERATION:
The Commission had some issues with the traffic study and felt that the applicant should be paying a proportionate share of road improvements. Ms. Krueger commented if the Commission felt the applicant should contribute a proportionate share to future road improvements they should continue the application to obtain a legal review.




















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 Osprey Landing Subdivision as described in the application materials submitted on February 23, 2024, and additional information attached to the staff report with the conditions of approval listed in the staff report as well as a change to Item 7 under section 4 of CCRS additional landscaping to match NRA; and Item 6 to address the public works comments regarding the proportionate share along with a legal review.
RESULT:
MOVER: AYES
NAYES ABSTAIN
ADOPTED [Unanimous]
Tyler Wertenbruch        SECONDER: Wyatt Penfold
Lindsey Love, Tim Watters, Wyatt Penfold, Wade Kaufman, James Weber, Tyler Wertenbruch None
None




Ms. Kim Kollner, Planning Administrator with the City of Driggs, commented on the staff report and the time line they are anticipating to get a public hearing sometime in July with the BoCC.
COMMISSION COMMENTS: 
The Commission had no issues with the presentation.


MOTION: Discussion.      
RESULT:
MOVER: AYES
NAYES ABSTAIN
FAILED [Unanimous]
Tyler Wertenbruch        SECONDER: James Weber
None None
None


Motion

6) Adjourn

____________________________________________
Cindy Riegel, Chairperson
ATTEST: ____________________________________________
County Clerk or Deputy
 
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