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Planning Staff Report

REPORT DATE: February 11, 2019

HEARING DATE: February 18, 2019

FILE NUMBER / NAME CU2019-02 Teton Valley Resort

APPLICATION TYPE Conditional Use Permit (CUP)

PROJECT APPLICANT Keith Larsen/Teton Valley Resort PROPERTY OWNERS Teton Valley Resort LLC

PROJECT LOCATION 1208 Hwy 31, Victor ID 83455 PARCEL # / TAX # RPB3N45E107801 RPB3N45E107802 RPB3N45E108201

LAND USE MAP Commercial LAND USE ACTIVITY Season campground

ZONING DISTRICT REC OVERLAY DISTRICT NA Re: Applicable Victor Values: ☐ Culturally Historic ☐ Sustainable ☒ Connected to Nature ☐ Small Town Feel ☒ Family Friendly ☒ Administrative Need PROPOSAL & APPLICATION PROCESS

Teton Valley resort is seeking to bring an existing use into compliance by obtaining one of 2 conditional use permit applications. This CUP application is for a Rental cabin, travel trailers, more than 5. This application follows a boundary adjustment to combined three parcels into one, as well as, a rezoned from the RM-1 Residential Multifamily District to the REC Recreational District. As a condition of the rezone approval no new building permits would be allowed for the subject use until said CUP has been issued. The application has been reviewed and determined complete by the Planning & Zoning Administrator.

PRE-HEARING INFORMATION APPLICABLE CRITERIA Listed below are governing standards that shall apply:

• Victor Land Use Development Code (LDC): Sec. 14.7.11.B Approval Criteria Used for Conditional Use Permit Review and Sec 10.5.5.

• City of Victor Comprehensive Plan ALTERNATIVES/POSSIBLE ACTIONS The applicant has applied for a CUP application for a Rental cabin, travel trailers, more than 5. The following are the possible courses of action on the application:

1. Table decision making, seek additional public input, and continue the hearing during a subsequent meeting; 2. Recommend approval of the application as submitted; 3. Recommend approval of the application with conditions; 4. Recommend denial of the application.

CITY OF VICTOR | Staff Report

File: Report Date: 2/11/20 | Hearing Date: 2/18/20

PROJECT LOCATION

PROCEDURE This procedure requires a Public Hearing before the City of Victor Planning & Zoning Commission. Property owners within 300’ have been notified by mail of this application. The Planning & Zoning Commission are the final decision makers for this application. Once the conditional use is granted any pending building permits will be able to be issued. Currently the only pending permit is for a pole barn storage. SERVICE PROVIDER COMMENTS Listed below are the service providers who received the Service Provider letters requesting comment on this application. If the entity provided comments, they can be found in a corresponding attachment. Conditions of approval were not proposed by any of the entities. The Applicant would be required to satisfy those conditions prior to the issuance of a building permit for tenant improvement and/or business license. Review Entity Comments Review Entity Comments

Planning Attachment A Health None

CITY OF VICTOR | Staff Report

File: Report Date: 2/11/20 | Hearing Date: 2/18/20

Public Works None USF & G None

Fire District None Teton County GIS None

RAD Curbside None Teton County Schools None

Utilities None Teton County Sheriff None STAFF REPORT ATTACHMENTS Listed below are neighbors who provided comments for this application. Their comments can be found in the corresponding attachment.

1. Planning Comments 2. Application 3. Narrative 4. Site Plan 5. Use Standards for Rental cabin, travel trailers, more than 5 (10.5.5).

RECOMMENDATION For this application, Staff recommends Planning & Zoning Commission vote for approval. Staff has prepared a draft Findings of Fact, Conclusions of Law, & Recommendation document, outlining how the decision criteria for this application were satisfied, along with proposed conditions of approval as outlined by the review entities. Any subsequent approvals from the City shall not be issued until all conditions listed in the attachments are adequately addressed as determined by the appropriate review entity. Planning & Zoning Commission reserves the right to amend the draft and proposed conditions unless other governing documents or agreements state otherwise. SUGGESTED MOTIONS Approve: Having concluded that the Criteria for Approval of a Conditional Use Permit found in Title 10, Article 14.7.11.B have been met, the Victor City Planning & Zoning Commission moves to APPROVE CU2019-02 for Teton Valley Resort LLC as described in the application materials submitted on October 8, 2019, and subject to the Findings of Fact and Conditions of Approval in the staff report for the hearing date of February 18, 2020. Alternative Motion: Continue: Having found that further information is required, I move to continue the application to the (insert date) public hearing to allow the applicant to address the following concerns raised (specify concerns to be addressed). CONDITIONS OF APPROVAL City of Victor Planning & Zoning Department

1. Construction of Phase 2 shall not begin until the following items have been met: a. A Master Site Plan shall be submitted and approved. Said Master Site Plan shall include an internal

interconnection between Phase 1 and Phase 2 for vehicle traffic and an open space courtyard meeting the minimum requirements of 2,500 square feet in size, with a minimum width of 30’ (Section 10.5.5.D.9).

b. Type A or B Buffer shall be installed around the perimeter of the site prior to building permit issuance.

CITY OF VICTOR | Staff Report

File: Report Date: 2/11/20 | Hearing Date: 2/18/20

2. Maximum lot coverage shall not exceed 50% of size of the parcel. Any gravel surfaces that exceed more than 25% of the lot area shall be counted towards impervious calculations.

3. The owner shall construct the required public pathway within the dedicated 20’ pathway easement along State Highway 33 built to city specifications as determined by the City Engineer no later than October 9, 2021 or within one (1) year from when the public pathway is constructed adjacent to this site. The applicant shall comply with the signed Development Agreement, which includes a commitment to continue the pathway through the southern boundary of the newly formed contiguous parcel and to conduct a traffic study and address concerns identified in the study.

4. All Land Development Code use standards for Seasonal Rental Cabins/Park Model RV (Recreational Park Trailer Facility) found in Section 10.5.5 shall be met.

5. The maximum density for the site shall be no more than 15 units per acre in accordance with Section 10.5.4.D.1. of the Land Development Code. This shall apply to the whole site and all uses. This mean that no more than 225 units of all rental type (including cabins, RVs, and tent locations etc.) will be allowed for the whole site.

6. All federal, state, and local laws shall be met.

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MEMO TO: City of Victor Planning and Zoning Commission FROM: Kimberly Kolner, AICP, Planning and Zoning Director DATE: February 4, 2020 RE: CU2019-01 and CU2019-02 Teton Valley Resort

This memo contains an analysis of the Zoning and Land Development Code (LDC) for the Conditional Use Permit requests submitted on October 8, 2019. CU2019-01 is for seasonal tent, yurt, and RV campground. CU2019-02 is for rental cabins, travel trailers more then 5. While these are two separate application that will be taking place on the property together. Therefore, staff has prepared only one analysis for both applications. Approval criteria for a Conditional Use Permit application (Land Development Code Chapter 14.7.11): In order for a Conditional Use Permit to be approved, the Planning and Zoning Commission must find that the request meets all six (6) of the approval criteria listed below.

1. The use is in compliance with the requirements of Articles 3-7. 2. The use is allowed as a conditional use in the respective zoning district and complies with the

specific use standards listed in Article 10. 3. The use complies with the specific standards listed in Article 10 and conditions listed in Article 9, if

any, without the granting of any variance. 4. The use is compatible with adjacent uses in terms of location, scale, site design, hours of operation

and operating characteristics. 5. Any adverse impacts resulting from the proposed use in the affected area will be effectively

mitigated or offset. 6. The City and other service providers will be able to provide sufficient public facilities and services

including schools, roads, recreation facilities, wastewater treatment, water supply and stormwater facilities, police, fire and emergency medical services, while maintaining sufficient levels of service to existing development.

Conditional Use Analysis Review of the application by City of Victor Planning and Zoning Staff yielded the following analysis of how the applications meets the aforementioned approval criteria for the Conditional Use Permit for (CU2019-01) seasonal tent, yurt, and RV campground; and (CU2019-02) rental cabins, travel trailers more then 5.

1. The use is in compliance with the requirements of Articles 3-7. Teton Valley resort is seeking to bring an existing use into compliance by obtaining one of 2 conditional use permit applications. These application follows a boundary adjustment to combined three parcels

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into one, as well as, a rezoned from the RM-1 Residential Multifamily District to the REC Recreational District. As a condition of the rezone approval no new building permits would be allowed for the subject use until said CUP has been issued. As a part of the analysis for the rezoning application the applicant and staff had already determined that the property which includes approximately 15.3 acres already meets the minimum lot size required of 2 acres. The property also meets the minimum width requirement of 50’ by providing over 1,100’. All existing structures either meet the requirements or are non-conforming.

2. The use is allowed as a conditional use in the respective zoning district and complies with the specific use standards listed in Article 10.

The REC zoning district allows for the proposed Conditional Use Permits to be requested. There are use standards that will apply to each of the requests. Most of the use standards will be addressed in the conditions for each of the applications. They are also attachments for each staff report.

3. The use complies with the specific standards listed in Article 10 and conditions listed in Article 9,

if any, without the granting of any variance. A master site plan was not submitted with these applications. Staff recommends that a master site plan be reviewed and approved before any development takes place on the southern 5 acres recently purchased by the applicant in order to confirm that all specific standards for the uses are met before further development of the site.

4. The use is compatible with adjacent uses in terms of location, scale, site design, hours of

operation and operating characteristics. The site has been used as a campground since 1972 and has grown into a staple of the community today. Over the years the site has expanded and so have their services. In addition to the ordinance requirements for buffers and the use standards for site development, density, and operation; the applicant has their own rules for guests to the site that help reduce the concern of nuisances like having quiet hours and not allowing generators or engines to idle.

5. Any adverse impacts resulting from the proposed use in the affected area will be effectively

mitigated or offset. Staff has proposed various conditions of approval beyond the specific use standards for the site to address concerns regarding site development, buffers, and traffic.

6. The City and other service providers will be able to provide sufficient public facilities and services including schools, roads, recreation facilities, wastewater treatment, water supply and stormwater facilities, police, fire and emergency medical services, while maintaining sufficient levels of service to existing development.

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All public services were notified of the application as a part of the public notice requirements. At the time of staff report no additional comments were received. If any comments are submitted before the Planning and Zoning Commission meeting staff will add them to the file and distribute them to the commissioners.

Dec 25, 2019- Ord O558 10-19 Land Development Code | Victor, Idaho

minimum length 25’; minimum square footage of 1,500 square feet per tent, yurt, or other temporary structure site.

2. Amenities for each site must include a cleared 10’ x 10’ activity area and picnic table.

3. All sites shall be clearly defined on the ground by permanent flush stakes or markers with a site number.

4. Campgrounds consisting of 10 or more tent, yurt or temporary structure sites must contain a permanent stall location map at the entrance to the campground.

10.5.5. Seasonal Rental Cabins/Park Model RV (Recreational Park Trailer) Facility

A. A facility used for up to 5 rental cabins, Recreational Park Trailers, or other like structures that are similar in form that are affixed to permanent foundations or are anchored and skirted. Does not include sites for manufactured homes, tents, yurts, similar temporary structures, or Recreational Vehicles not classified as Recreational Park Trailers/Park Models. The intent is to facilitate the development of part time, seasonal accommodations within City limits.

B. Operational Standards

1. A structure may be rented to or owner occupied by the same occupant for a period of 200 days annually. The remaining days of the calendar year structures may not be rented or owner occupied to the same occupant for periods exceeding 31 days.

2. No structure shall be used as a permanent dwelling site or structure for a patron of the development, however, there may be one structure on the site used in excess of 200 consecutive days per year for the purpose of housing the caretaker or owner of the campground, provided the structure meets all applicable building, fire, energy and other codes adopted by the City.

3. The City may require rental records as a condition of approval renewal or to certify compliance; it is the burden of the owner or operator of the development to furnish such records upon request.

C. Review and Approval

1. All developments are subject to Site Plan Review (Art. 14), a Property Development Plan (Art. 13) and approval from all applicable City

departments and external agencies (Fire Marshal, DEQ, etc.).

2. Developments may be subject to a Development Agreement and/or requirement that an Owner’s Association maintain common grounds and may be required to renew the approval before the Planning and Zoning Commission biannually.

D. Design and Layout

1. All structures must include restroom and shower facilities within the structure; kitchen facilities are not required.

2. Developments must include ADA accommodations.

3. Each structure must provide 1 (one) parking space.

4. Setbacks for the zone and zone district buffering standards found in Art. 11 apply.

5. All utility and telecommunication services shall be located below the ground.

6. Amenities and accessory structures such as fire pits, swimming pools, storage buildings, recreation or common buildings, etc. that may be associated with or required within a Rental Cabin development may be approved at the discretion of the Planning Administrator or Planning & Zoning Commission, if subject to a CUP.

7. Internal roads are subject to City, Fire Marshal

Dec 25, 2019- Ord O558 10-20 Land Development Code | Victor, Idaho

and outside agency standards, review and approval.

8. Site area for each cabin should reflect the size standards and intent for the Cottage Court building type, but may be scaled to the dimensions of the structure’s footprint and required parking space. Site layout may deviate from the Cottage Court layout in order to conform to the shape of the property.

9. Development must contain either an open space courtyard of at least 2,500 square feet in size, with a minimum width of 30’, or 20’of linear separation between each structure.

10. Developments over 5 units may be required to

install the following as part of the Conditional Use Permit:

a. Pedestrian pathway connections. b. A Type A or B buffer (see Div. 11. 2) must be

established along all lot lines abutting a residential and/or commercial use.