After more than three years of battling both the city of Hailey and neighborhood residents, developer John Bulotti once again had his application for the subdivision of a lot in western Hailey denied by the Planning and Zoning Commission.
Hailey City Planner Diane Shay said that the commission's decision Monday, Nov. 19, was based on its inability to find that the subdivision posed no danger to life or property due to increased flood height. That meant the project didn't fulfill the criteria for a floodplain development permit and, therefore, couldn't receive approval for the preliminary plat.
The application originally called for the quartering of a single lot, located at 911 Silverstar Dr. in the Birdwood subdivision, between Cedar Street and Della Vista Drive. This area is in the Della View floodplain and close to the Big Wood River.
After being rejected twice by both the Planning and Zoning Commission and the City Council, and wrangling legally with Hailey in court, Bulotti brought a revised application before the council in April.
As a result of court-ordered mediation, the developer proposed to subdivide his lot into two parcels, rather than four, but that was still not enough to win over city officials or a vocal group of Birdwood subdivision residents.
At the recommendation of the City Council, Bulotti contracted Twin Falls-based Brockway Engineers to perform a hydrology study to determine the site's optimal building envelopes.
However, there was not enough evidence to prove that new construction on the property, of which approximately 80 percent is within a FEMA-designated floodplain, wouldn't have adverse effects on the surrounding area.
Planning Director Beth Robrahn said that around 15 neighbors were in attendance, many of whom attested to seeing flowing water on Bulotti's property in spring 2006. Shay said a number of those people stood up and applauded after the commission rendered its decision, despite the fact that many of the homes in that neighborhood were also built in the floodplain.
Shay said significant changes had been made to the Flood Hazard Ordinance in 2003, including the requirement of a floodplain development permit.
"Had this been in place earlier, there would be a great deal more open space down there," Shay said. "A lot of those houses wouldn't be there."
The developer has the option of returning to the council despite the commission's finding.
However, Brian Yeager of Galena Engineering, who represented Bulotti at the meeting, was unavailable to give an indication of his client's intentions.
