Legacy Lakes PUD denied
Legacy Lakes PUD unanimously denied
The Board of County Commissioners (BOCC) continued a hearing from last month in which they had asked developer Bruce Simon to come back with more information regarding water rights, open space management, sewer, and a phasing plan for Legacy Lakes PUD (80 units and a tennis/reception center on 155 acres located at 305 N. and Highway 33.) Representatives from Eastern Idaho Public Health and the Teton Creek Canal Company commented on the remaining sewer and water right issues that that developer had not yet resolved. VARD spoke in opposition because the developer failed to address any of the questions posed by the BOCC at the previous hearing. Another problem was that the phasing plan for this PUD would allow for the possibility of no construction for almost four years and the possibility of 15 years before the project is completed. The county has been working to avoid projects languishing unfinished, so this phasing plan was another strike against the development. A neighbor comment that the community will receive no benefit from this development, and “only the developer's pockets will be lined.”
Deliberation was short, and Larry Young commented that this project seemed “even less-approvable now than last month.” The BOCC was most concerned about the discovery that the developer was proposing to reserve an additional 9-10 lots to be built on the property but had not included them on the plat.
This is one of the first times that the county has actually rejected a project that does not live up to county ordinances instead of just approving it with conditions that are difficult, if not impossible, to regulate. VARD commends the BOCC for raising the bar and moving towards a more predictable enforcement of ordinances.