For the week of November 5 - 11, 2003

Neighbors oppose replat of Birdwood subdivision

Hailey P&Z continues application

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By MATT FURBER
Express Staff Writer

Ceder Bend and Birdwood neighbors spoke in opposition to an application by John Bulotti for a replat of lot 15, block 1 of the Birdwood Subdivision at the Monday, Nov. 3, meeting of the Hailey Planning and Zoning Commission.

The application would split lot 15 into four lots of approximately half an acre each, all served by the same, private driveway. The neighborhoods are in the Della View floodplain located near the Big Wood River in southwest Hailey.

Neighbors voiced concerns that the covenants, conditions and restrictions agreed upon by the Birdwood neighborhood association would be violated by the approval of the Bulotti subdivision. Other objections to the proposed subdivision included concerns that the plan was in conflict with the comprehensive plan because it impacts the existing neighborhood and that the plan includes a private driveway that will be wider than the adjacent Silver Star Drive.

Galena Engineering’s Brian Yeager, representing the developer, opened the hearing explaining that the proposed development was in compliance with the city’s subdivision ordinances.

"We are sympathetic to neighbors concerns," Yeager said. But he and the applicant were interested in exploring the application with the commission anyway.

Objections of neighbors did not hang on whether the developers plans were in conformance with subdivision ordinances, but rather with the CC&Rs, which are a records kept with the county recorder and are not rules the city governs.

Several neighbors explained that when they purchased property in the neighborhood they had the expectation from the CC&Rs that only one home would be built on lot 15 and asked the commission to deny the application accordingly.

However, CC&Rs are not a matter for the Hailey Planning and Zoning Commission to consider, said Hailey City Attorney Ned Williamson. "The commission is obliged to process this application ... if there is a violation of the CC&Rs that is something to be addressed in district court."

The neighborhood debates aside, the proposal before the commission is not a conventional subdivision proposal because the lot in question-- being in the flood plain--requires a flood hazard permit before a development can go forward.

Bulotti does have a flood hazard permit that is in conjunction with the building permit he has for the home he is currently building on a portion of lot 15. But, a flood hazard permit is different for a subdivision development. The ordinance passed by the city last spring requires that both city staff and P&Z work together to consider issuing the permits for subdivisions in the flood plain. The city alone can provide flood hazard permits in conjunction with building permits for single homes.

The commission decided to continue the Bulotti application until an undetermined date to give the commission an opportunity to consider public opinion, a flood hazard permit for the subdivision and whether CC&Rs can be considered by the commission as they apply to questions about density standards.

"If (CC&Rs) relate to a specific standard you can look at it," Williamson said. "I can’t see where it relates ... Neighbors have a right to proceed in court."

Williamson recommended that the commission look at the history of the adjacent Cedar Bend subdivision for guidance in how to proceed with Bulotti’s application. In that case, the city made the developer include extra measures to mitigate impacts on the environmentally sensitive area.

 

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