Planning Commission Meeting Minutes
September 18, 2000

Present: Mike Davis, Bill Smith, Rich Zimmerman, Connie Otteson, Kerry Cottrell, Kurt Eidam

Other Attendees: Karen Lords – P & B Administrator, Cathy Winters – P & Z Secretary, Rick Byrem, Mitch Jacobs, Kirk Jacobs

Mike Davis called the meeting to order at 7:10; he opened by welcoming everyone to the meeting. The minutes were reviewed, Rich Zimmerman made a motion they be accepted as written, Bill Smith made the second motion. The minutes were accepted unanimously as written.

Final Plat – Jacobs Lakefront Home sites – 18 lots – Rick Byrem – Centennial Mountain Properties. Karen asked the commission to turn to their packets to the Transfer of Development Rights portion. In order for them to meet the density requirements, we first started out with, they decide to change and not use the entire acreage that we had originally given them approval on in the preliminary plat. Now there are asking to transfer density on 65.7 acres plus the required transfer of development agreement that has to be signed before the county commissioners, this is similar to what we did with Centennial Shores project. We transferred 45+ acres this time we will be transferring 65.7 acres it states in the codebook is if they cannot meet density requirements then they are allowed to take acreage in the same zoning district and transfer it to their project. What we want them to do is transfer development rights from stream corridors, critical wildlife corridors, or wetlands. This particular property, see-attached map showing where the property is located. The property they are going to transfer, is in front of the project, and sits underwater, which is in compliance with what the development code states. Karen asked if there were any questions regarding development rights. Connie asked if Karen could explain it more clearly. Karen stated, they had a lot more acreage that they were going to use for density; they have to tell us how many acres they want to use in their project. Depending on upon the type of property that they have I have to calculate if they can meet the density requirements which is the overall average of 2.5 acres. They could originally when we did the preliminary plat, we had 135 acres originally, in the meantime, they decided they wanted to save some of that acreage and possibly use it for another project. I can allow them to do that, they have to show us that they have enough property somewhere else in order for them to meet the overall average of 2.5 acres. They took property that Centennial Mountain Properties owns that happens to sit in front of this particular project; it will be transferred for density. That property will never be allowed to be developed, if something should happen the dam water goes down, and that property is above ground then no one can develop it. Not even the property owners that will own the property behind it. Kerry Cottrell asked if the BLM or someone like that didn’t own the property. No, the owners have to understand that the Bureau of Reclamation can flood this property. Of example this year, in the spring the water was higher than it has been in other years. They still own the property even though it is underwater there is other landowners in Island Park on Island Park Reservoir that own property under water. The same thing happens on Henry’s Lake. The property owners understand that if the dam was drained that property became available, they now loose the development rights for that. It could be used for Ag use, grazing that type of thing, but as far as building a home on it, or some other type of development, they are no longer allowed to do that. If he has other property, that does not apply to it, only this property, that is why we asked for a legal description, it will be filed with the assessors office and will be noted from here forward that anytime any research is done on that property, it will be in the county records that has lost its development rights.

Karen asked the commission to look at the plat, and then stated there has been a small change from the preliminary plat. We had 18 lots and now are going to add to more, even with the addition of two lots they still meet the density requirements with what we have asked them to transfer underwater. The other change is, they are going to move the road slightly because they have ran into lava rock.

Rick Byrem, stated there are two accesses to the property, look at the index on sheet two, the Shotgun Valley Road is the County Road and then we have a road built going through an archway then the road splits so that there are two road that access the property, the west road we had to move 80 – 90 feet to the east because we had it coming in more to opposite lot 6, it was coming in opposite lot 7. There is a big lava rock on the surface; we didn’t want to have to build the road there. We moved it over but by doing that we lengthen the cul de sac by 13 feet. The code says we can have 880’ and ours is 893’. We need the additional length to keep the cul de sac up right up against the property line, which is where we would like to have it. I guess there is a minor variance request in this also. Karen stated she did not get a chance to consult with Rod, but felt like they are just moving the road minimally, so I felt that it didn’t really require a variance. Karen stated that the plat needed to be approved, then make another motion to approve the variance. Kerry Cottrell asked if we needed to have a public hearing for a variance. Karen stated that was another we looked at, we should have done the variance at the preliminary plat, but this issue came up after they started building the roads. I think we will be fine, if we do the variance first, then approve the plat. Karen stated she felt like the additional 13 feet should be okay due to the lava flow problem. Kurt Eidam made a motion to approve the cul de sac, Rich Zimmerman made the second motion, it was approved unanimously. Rich Zimmerman made the motion to accept the final plat with the two additional lots, Bill Smith made the second motion, and it was approved unanimously. Amend minutes to say that a variance is not required, due to the lay of the land and that the cul-de-sac extends 13’ further than required.

Aspen Heights, Rich Byrem, Grant Richey – Public Hearing Amended Plat – CANCELLED.

Sketch Plan – Wagon’s Ho RV Park – Alan and Annette Little. Karen stated that in the packet there is a sketch plan. She stated that Mr. Little had contacted her and they had changed their minds and do not want to do an RV Park. They want to build two guesthouses. There are currently the main home and one cabin on the lot. They want to rent these cabins out to family and friends, so they will be charging a fee, we still need to look at it as commercial. In order for him to have the additional cabins on the property, we have to have a public hearing. Karen asked if they would be dry cabins or if he has met with District 7 Health Dept. Mr. Little has spoke to Jerry Woods, he said they have a big septic system, but that he would be adding another system. The wells will be shared. Karen stated that he would have to speak to the highway department regarding additional traffic; Mr. Little stated there would not be any more traffic, because they currently have so much traffic, since they have moved up here. But he will do anything necessary to have this approved. Kurt Eidam made a motion the pass the preliminary with a letter from the highway department regarding access. Karen stated that a public hearing will be the next step, so all the property owners can be notified, we should be able to have the hearing in October.

Connie Otteson made a motion to adjourn the meeting the second motion was made by Bill Smith. Meeting was adjourned at 8:45 pm.