Also in Victor, resort application withdrawn, subdivision concept approved
A property owner who lives across the street from the old Victor Elementary School has submitted a request to the City of Victor for a reconsideration of the Broulim’s rezone, which was approved on May 26.
In the application for a reconsideration, the resident cites five issues with the decision: an incomplete rezone application that referenced the draft comprehensive plan; incomplete staff reports that also referenced the draft comprehensive plan; lack of analysis on how the rezone met the criteria of approval; failure to meet the criteria of approval; and conditions of approval that include several studies that should be completed and reviewed before approval.
The rezone application was submitted while the city was in the process of writing and adopting a new comprehensive plan (which was passed in February). While opponents argued during the first planning and zoning commission meetings that using the draft comprehensive plan to judge the merits of the application was questionable, the city planner and attorney disagreed, stating that both the old and new plans outlined a very similar vision for uses in the downtown core.
The council’s conditions of approval, which will be worked into the development agreement, included a traffic study and neighborhood outreach.
“All of these details and studies are being expressly postponed, to-be-done after the rezone has been approved. This deprives the public of the opportunity to review and comment on all of these studies and key components of the rezone application,” reads the letter requesting a reconsideration.
On June 23, the city council will discuss whether to reconsider the rezone decision or let the statutory 60 days lapse without reconsidering it. The resident would then have 28 days to petition for a judicial review of the decision. City attorney Herb Heimerl is recommending that the council reconsider the application to shorten the window of opportunity for a judicial review, and he also recommends that the council affirm the original decision, which passed by a 3-1 vote.
No public comment will be taken on the subject.
Teton Valley Resort withdraws annexation application
Last the Victor Planning & Zoning Commission was scheduled to consider an annexation request from Teton Valley Resort for 12 acres west of the existing RV park.
TVR is in the process of constructing its second phase on the five-acre lot south of the existing resort, formerly the site of the Rocking H Mobile Home Park, and the expansion is scheduled to be completed by the end of 2021; the western parcel would constitute the third phase, with additional RV bays, access roads, a park area and pond, trails, and landscaping.
Then TVR decided to withdraw the application.
Keith Larsen, the general manager of the resort, said that the company might pursue annexation in the future, but said that TVR is “more than busy enough as it is,” and that it felt like the company was “inviting more abuse from every angle” as it pursued its development plans.
The Intermountain Fair Housing Council and Valley Advocates for Responsible Development have been trying to negotiate a settlement with TVR for financial aid for the tenants who were displaced by the second phase of development at the resort. IFHC is in the process of filing nine HUD complaints, one on behalf of each family, and plans to represent the Hidalgo family, the last remaining mobile home owners on the lot, in a federal housing discrimination complaint.
“Withdrawing the application just means the city doesn’t have the leverage to bring TVR to the table to negotiate,” explained VARD attorney Anna Trentadue. “But it doesn’t resolve the various claims with the residents.”
Kylea Drive concept approved
On June 17 the Victor P&Z approved the Kylea Drive Subdivision concept plan.
The proposed subdivision is a 70-lot neighborhood on 18.4 acres of vacant land northeast of the Settlement in the west part of town.
Crewsen West LLC, the owner of the two lots that will be subdivided, purchased the property in January of this year. The concept plan from Crewsen West and Harmony Design & Engineering lays out 70 lots that are approximately 0.15 acres each with 35 attached houses, which totals 70 residential units.
P&Z is the deciding body on the concept plan, but the subdivision will also undergo review for preliminary and final plat with P&Z and the city council.