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Rocky Road Blanket CUP

Decision Makers: Teton County, ID Planning & Zoning Commission

Topic: Rocky Road Blanket CUP

Teton County P&Z Commission
89 North Main Street
Driggs, Idaho 83422
RE: Blanket conditional use permit for Rocky Road Industrial Park.
Dear Commissioners:

Years ago, when Rocky Road was rezoned Manufacturing 1, this spot zone
created conflicting land uses with the neighboring residences that still exist today.
Naturally, an industrial park abutting agricultural/residential will impact the day-
to-day uses of nearby properties. Thus, the county imposed mitigating conditions
on each conditional use permit (CUP) that was applied for in Rocky Road.  

Over the years however, the county has received multiple complaint letters
regarding the lack of compliance with the conditions imposed on each business as
it moved into Rocky Road. The neighbors complained of light pollution, noise,
fumes, and a lack of landscaping and upkeep. Rocky Road is not yet full, and as
each new business moves in, the adverse affects of this industrial park on its
neighbors continue to increase.  

In many ways, a blanket CUP for Rocky Road would make sense because it
would reduce the county staff time required to process an application, and also
provide assurances to lot owners. However, there appears to currently be a
problem of either a lack of compliance with the current CUP conditions, or the
current conditions are ineffective at buffering the adverse impacts of this industrial

Teton County ordinances mandate that the location of a CUP shall be
compatible with other uses in the general neighborhood. (T.C.C. 8-6-1-B-7-a)
Both Idaho and county law vest this commission with the authority to craft
conditions that will mitigate the impacts of a CUP.  (T.C.C. 8-6-1-B-9 and I.C. §
67-6512(a)). All CUPs shall be reviewed at least once every 5 years, and can be
reviewed at any time if the conditions or use change. (T.C.C. 8-6-1-B-12 and
T.C.C. 8-6-1-B-15) Both Idaho and county law clearly state that a conditional use
permit is not transferable from one parcel of land to another. (T.C.C. 8-6-1-B-10
and I.C. § 67-6512(e))

 Before this county considers a blanket CUP for Rocky Road, either the
existing businesses need to be brought into compliance with their current CUP
conditions, or all of the existing Rocky Road CUP’s need to be reviewed so more
meaningful and effective mitigating conditions can be imposed. If the adverse
impacts of Rocky Road are left to continue, grow, and perpetuate themselves, this
will foster an environment for sprawl. The neighbors of Rocky Road, feeling their
residential property values decrease from these industrial uses will conclude that
they have no choice but to petition the county for a zone change to M1 as well. If
Teton County will require effective mitigations and compliance from the
residences of Rocky Road, then this spot zone can be contained. 
Thank you for considering my letter.
Anna Trentadue
    VARD Program / Staff Attorney 


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