Wednesday, March 28, 2007

P&Z plan could end Sun Valley moratorium

Commission recommends revisions to PUD ordinance


By TREVOR SCHUBERT
Express Staff Writer

A moratorium on development in Sun Valley's commercial core could be lifted if the City Council accepts a revised planned unit development ordinance recommended Thursday by the Planning and Zoning Commission.

The P&Z voted March 22 to recommend changes to the development code designed to address the mass and scale of new development in the Commercial Zoning Districts that consist of the Sun Valley Village and Elkhorn Village.

The City Council will consider the recommendations during an open meeting on April 17, at 3 p.m. The public is encouraged to attend.

If adopted the council could make a motion to lift an interim moratorium on the filing, processing and issuance of specific land use permits within the commercial core district that has been in effect since May 25, 2006. The intent of the moratorium was to allow for a finalized planned unit development ordinance, mass and scale regulations, including design guidelines and subdivision amendments to be consistent with the amended Comprehensive Plan.

The P&Z sent a recommendation to the council in October 2006. At that time the council felt the commission's recommendations were too restrictive on new development. The new draft is a pared down version of the October draft, speaking largely to maximum building height within the city's commercial core.

Proposed building heights have been dropped from 64 feet down to a 44-foot limit in residential and commercial buildings in both the commercial core and in the surrounding service commercial districts. Service commercial districts are zoned for low-intensity commercial activity outside the actual commercial center. If new buildings incorporate 100 percent retail space on the ground floor, they are allowed to reach a maximum of 50 feet in the commercial core.

Hotels in the commercial core will be allowed to reach a height of 64 feet but may go as high as 70 feet. The additional height limit could be granted if the structure is deemed to be compatible with the natural terrain, land uses on adjacent properties and if "the structure respects but is not necessarily subservient to the Sun Valley Lodge."

The original 64-foot limit is based on the height of the Sun Valley Lodge, the traditional centerpiece of the area.

One notable omission was the removal of the entire section referring to Workforce Housing Requirements. The issue has been a contentious one since the city first attempted to incorporate workforce housing into its comprehensive plan in 2005. Workforce housing refers to affordable living units designed to provide housing for those with low to moderate incomes—often those who compose the city's workforce.

One reason for the omission is because of an ongoing lawsuit filed by Phil and Lynn Schaefer of Tacoma, Wash., who contend, via their attorney Christopher Meyer, that the Workforce Housing Linkage Ordinance is unconstitutional. The Schaefers are seeking a refund of the $11,989.97 "in lieu" fee imposed by the city when they applied for a building permit for a new home in the Lane Ranch subdivision.

Hailey 5th District Judge Robert J. Elgee is expected to make a decision by late spring or early summer. A hearing is scheduled for May 3.

Once a ruling is made, the commission may be willing to revisit the workforce housing issue.




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