March 5, 2018
Teton County Planning & Zoning Commission
150 Courthouse Drive
Driggs, Idaho 83422
Re: Conditional Use Permit for MD Nursery
We believe the requested Conditional Use Permit is reasonable. However, we are concerned that in the event MD transfers ownership, the business, its permits, and land holdings could be sold to another entity with a different business model, particularly a big-box retailer such as Lowe’s or Home Depot. In order to prevent this from happening, we recommend that the Planning & Zoning Commission craft a motion that explicitly approves the Garden Center, Nursery, and Landscaping Contractor Businesses as described in Section 8-4-2 Land Use Schedule Definitions of the Teton County Code. We believe that a big-box retail use must be approved as a Hardware Store, Construction Materials Sales Services, or other commercial uses as defined in Section 8-4-2 and delineated in Section 8-4-1 Table 1 Land Use Matrix. Therefore, a motion that explicitly excludes these uses should prevent a big-box retailer to operate under the requested permit.
We recommend crafting the approval motion as follows:
“Having reviewed the application materials for MD Nursery, and finding that it complies with the requirements of Title 8-6-1-B-7 I hereby move to recommend APPROVAL of the Amended Conditional Use Permit for a Garden Center, Nursery, and Landscaping Contractor Business as defined in Section 8-4-2 of the Teton County Code and further described in the application materials submitted December 14, 2017 and additional information attached to this staff report.”
Thank you for your consideration, and your service to the community.
Shawn W. Hill