Fox Creek commercial zone change; Burns Concrete height CUP; Chilly Waters PUD; Whitetail PUD
Board Denies Fox Creek Village Zone Change
In an unanimous decision, the Board affirmed the P&Z rejection of the Fox Creek Village request for their zoning to be changed from M-1 (manufacturing) to C-2 (Retail/Wholesale Commercial). The parcel at issue was an 88.06-acre property, located at 475 South along Highway 33. If the board had approved the zoning change, Fox Creek would have been permitted to construct a commercial development, including two multi-story motels, a restaurant and several other large commercial spaces. The developer suggested that using the existing M1 zoning designation would be worse than doing a C-2 development. However VARD does not believe it makes sense to replace one bad idea with another. One of the suggestions for moving forward are that the developer look at reverting to the underlying zone (Residential 2.5) and do a residential PUD which would allow for some smaller-scale commercial development designed for neighborhood use.
This application has raised once again the importance of the county developing a Projected Land Use Map that would identify future potential commercial areas in the county. This is required by state law and without it the county is leaving itself open to potential legal challenge, especially if they approve zone changes.
Board Denies Height Variance for Burns Concrete Plant
The Board denied the Burns Concrete’s Conditional Use Permit (CUP) application to extend their plant tower to 75 feet, (30 feet higher than zoning restrictions.) Commissioner Larry Young commented that when he reviewed the initial proposal while serving on the P&Z, he understood that Burns Concrete would construct a contained wet cement plant, and only file a CUP if necessary. Most importantly, that the CUP would request a height variance of only a few feet above zoning restrictions.
VARD supports the county in denial of this height variance. Allowing such an extreme height variance, especially in the scenic corridor, would have set a terrible precedent.
Chilly Water PUD
There was a lengthy discussion during this final plat application hearing as both the developer and a neighbor had brought lawyers to argue their perspective viewpoints on whether old CCRs for an existing subdivision controlled the land which is now the proposed Chilly Water subdivision. If the CCRs were valid they would have precluded the development. County Prosecutor Bart Birch determined that the only way to resolve this would be before a judge. The BOCC chose to consider, and approve, the development apart from this issue. There is still potential for this to be taken to court.
The Whitetail PUD final plat, located along Highway 32 with 14 lots on 36.07 acres, was approved.