BOCC Public Hearing -An appeal of the previously approved Conditional Use Permit (CUP) of The Edge Resort of Garden Valley was brought before the Boise County Board of Commissioners by Jayne Reed, a Garden Valley Resident. Planning and Zoning of Boise County had approved the CUP in prior meetings after site developer Tim Fritzley met all conditions for the first phase of the resort development.
Reed began her statement, “I am requesting an appeal of the Planning & Zoning Commission decision on CUP for The Edge Resort in Garden Valley. One of the reasons is the Planned Unit Development (PUD) vs. CUP issue.” Referring to her application she explains, “The P&Z Commission did not take the time to read or evaluate the issues brought up in my testimony during the Public Hearing. That is the second reason that I am appealing their decision.” Reed explained that the Cup should not be approved since she felt “that P&Z did not even look at her valid concerns nor her testimony taken into consideration.”
Ward reminded Reed of what the application said in her first statement that “the administrator made an error in the pre-application process. Instead of applying for a CUP, the applicant should have applied for a PUD.” Reed showed that her second part of the application was showing legal reasons for not allowing the CUP to be approved and referred to parts of the Unified Land Ordinance to back up her statements.
The BOCC was not ready to identify her areas of concern that she presented at the CUP Hearing. Ward stated, “Those are two separate issues. We were here to address your statement of CUP vs. PUD. Your testimony at the CUP hearing is something else that we will need to look at.”
The BOCC and legal council was not prepared to go over additional parts of the statement. After a brief recess, Chairman Ward stated, “It would be best to continue with the hearing at another time. It would be unwise for [Commissioners] to make any decision today.” Attorney Blocksom stated “We weren’t planning on the broader scope for the hearing today.”
Reed clarified by saying to the BOCC her reasons for this appeal. “I am appealing the Planning and Zoning decisions that approved the CUP. Yes, and then I will give reasons why and one of the reasons is the PUD.” Developer of the The Edge Resort in Garden Valley was also at the meeting and agreed to have a continuation of the appeal also.
Rora Canody staff analysis for the Appeal of The Edge Resort CUP was given to the BOCC prior to the meeting. Canody stated “At this time we are not prepared to discuss all the comments she has regarding findings.” Canody was informing the board that the document should have been more specific in order for everyone to prepare adequately for the hearing. A rescheduling of the hearing would allow for the Commissioners to be ready with the other issues that were presented by Reed.
Canody did talk to legal council about the CUP prior to the regular P&Z hearing. Legal Council did agree that the application was a CUP under the current ULO, based on the fact that it does not meet the PUD definition Chapter 6, there are no residential units for sale or but there are residential housing for employees. The cottages are being offered for rent. “But a true PUD is similar to what is at Southfork landing where there are individual residential units for sale,” Canody said.
The original Public Hearing had approved the Edge Resort under the CUP application and after public comment. The site met the conditions. Canody’s recommendation to the Board is to “uphold and approve the Edge Resort at Garden Valley as a CUP as site specific and standard conditions as they were applied Canody showed that the applicant is very clear of requirements of DEQ, and Army Core of Engineers. She showed the applicant understands that he will have to get permits at different stages of the process.
This appeal is continuing at the next Boise County Commissioners meeting scheduled for Monday, April 17, 2017 at 4:00 in the Miner’s Exchange Building. This will be a Monday meeting instead of the Tuesday meeting.
Written by Janet Juroch – BCC Staff