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October 2007 Alliance Action

1) State Game & Fish Wants Wolf Plan Comments by Oct. 10
2) Get Involved in Comprehensive Plan Update
3) Decisions Pending on Affordable Housing Requirements
4) County Postpones Grand Targhee Vote till Oct. 16
5) Local Development Issues Abound
6) WYDOT Seeks Input on Hoback Junction Reconstruction
7) County to Reconsider Bear-Proof Trash Containers
8) Forest Planning Rule Comments Due by Oct. 22
9) Sen. Barrasso Pledges to Protect Wyoming Range, Snake Headwaters
10) Heli-Skiing Controversy Continues
11) Upcoming Events
12) Valley Echoes

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1) State Game & Fish Wants Wolf Plan Comments by Oct. 10

The U.S. Fish and Wildlife Service could remove Rocky Mountain gray wolves from endangered species protection as early as Feb. 2008, and state officials want to make sure Wyoming’s wolves are included in the delisting. In September, the Wyoming Game and Fish Commission released for public comment a draft plan for managing wolves once they’re delisted. A compromise between what state legislators wanted and what Fish and Wildlife wanted, the plan commits Wyoming to maintaining only 15 breeding pairs of wolves. It also stipulates that wolves will be managed as trophy game in the northwest corner of the state and as predators subject to being shot on sight or worse everywhere else. Information on the plan and comment forms, due by Oct. 10, are available at http://gf.state.wy.us. Comment online or via mail to: Wolf Comments, Wyoming Game and Fish Department, 5400 Bishop Blvd., Cheyenne, WY 82006.

Although Wyoming Game and Fish commissioners are expected to adopt the plan without changes during their next meeting on Nov. 15, your comments could have an influence as they begin their next step in early December -- outlining regulations for hunting wolves as trophy game. Please visit www.jhalliance.org/issueswildlife.htm and click on "Managing Wyoming’s Wolves" and "Endangered Species" for background information to bolster your comments.

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2) Get Involved in the Comprehensive Plan Update

The Jackson/Teton County Comprehensive Plan, which guides our community’s growth and development, is being revised. Your input is vital to help protect Jackson Hole’s character, wildlife and scenery. Although the next public meetings aren’t scheduled until November, it’s important for you to get involved now. Town and county officials and consultants from Clarion Associates want to hear your thoughts and concerns about our current Comprehensive Plan. Right now, they’re looking for answers to these questions: “Is the 1994 vision for the community still valid? If not, what would you change or add?”

It’s up to all of us to voice our concerns and ideas, so we can collectively create a better Comp Plan that truly protects what makes Jackson Hole special. Speak up! Visit www.jacksontetonplan.com for details and to submit comments on the website blog (click on Public Input, then on Get Involved, then on Join the Plan Blog). You may also email your comments to feedback@jacksontetonplan.com.

The following public meetings have been scheduled for early November:

Nov. 7, 6 to 8 p.m., St. John's Episcopal Church Parish Hall, 170 N. Glenwood St. -- Clarion Associates, the Comp Plan consultant, plans to hold a public community workshop. The objectives are to: share ideas about the working vision and goals; define community character and preferences; and develop preliminary ideas for land use concepts and alternatives.

Nov. 8, 10 a.m. to noon, 4-H Building, 255 W. Deloney Ave. -- Clarion Associates will meet for the second time with the Comp Plan stakeholder advisory group.

Nov. 8, 3 to 5 p.m., County Commissioners’ Chambers, 200 S. Willow St., Jackson -- The Jackson Town Council and Teton Board of County Commissioners will meet with Clarion Associates.

Nov. 8, 6 to 8 p.m., County Commissioners’ Chambers, 200 S. Willow St., Jackson -- Town and County Planning Commission members will meet with Clarion Associates.

For more information on the Conservation Alliance’s involvement in the Comp Plan update, contact Community Planning Director Kristy Bruner at (307) 733-9417 or kristy@jhalliance.org.

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3) Decisions Pending on Affordable Housing Requirements

To help alleviate Jackson Hole’s housing crunch, the Town Council and Teton Board of County Commissioners are moving toward increasing the amount of deed-restricted affordable housing developers are required to provide. At a joint meeting on Sept. 10, the Teton County Housing Authority asked commissioners and council members to either enact an emergency ordinance to increase the mitigation rate from 15 to 25 percent, or begin writing new regulations to make the switch. Since then, the two boards have considered the proposal separately, and on Oct. 8, county planning commissioners will make a recommendation, which commissioners could vote on the next day. Jackson’s Town Council has already voted to ask its planning staff to draft an ordinance to change the rate to 25 percent in the town’s land development regulations.

The Conservation Alliance supports policies that demand sufficient mitigation from developers to offset one of the primary effects of rapid growth -- a lack of affordable housing. It’s high time to heed the 2007 Housing Needs Assessment (available at www.tetonwyo.org/housing), which recommends increasing the mitigation rate to 40 percent. (For comparison, in Aspen, Colo., 60 percent of new housing units are required to be affordable.) The assessment also recommends increasing the fees developers would have to pay in lieu of providing affordable housing. Substandard mitigation rates have caused pressure to allow high-density spot zoning in inappropriate places, risking our community’s wildlife and rural character. For these reasons, the Alliance supports efforts to increase mitigation and will advocate for further commitment during the Comprehensive Plan revision process.

Check www.jhalliance.org/monthly.htm for dates and times of public meetings in October when affordable housing is expected to be discussed.

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4) County Postpones Grand Targhee Vote till Oct. 16

The Teton Board of County Commissioners met Sept. 26 for what many thought would be the final hearing on Grand Targhee’s bid for resort zoning. But due to the absence of one commissioner, and to the developer’s objections to conditions of approval, the final vote has been put off until 9 a.m. Oct. 16 at the Commissioners’ Chambers, 200 S. Willow St. (DUE TO APPLICANT'S PROPOSAL CHANGES, THIS HEARING WAS CONTINUED TO DEC. 11, SAME TIME & PLACE)

On Sept. 5, county commissioners set 11 conditions to reduce the scope of proposed development at Targhee. Major items included limiting the number of lodging and employee units to 450, restricting commercial and resort services to 120,000 square feet, and establishing a fixed boundary to Targhee’s 120-acre site through a conservation easement to prevent future expansion. The commissioners failed to address concerns about air pollution from wood-burning stoves and the lack of a density cap, meaning that resort owners could be asking for even more development rights within a few years.

The developers argued that Grand Targhee won’t make enough money if it has to comply with the county’s conditions. However, the case they presented for why Targhee needs 592 housing units (not counting employee units) to be successful looked only at ski lift ticket sales and operating costs. It didn’t factor in anticipated real estate sales, lift ticket price increases, or revenues from an expected increase of summertime visitors. Targhee’s model only lightly addressed day-use skiers, and didn’t count income from visiting skiers staying at accommodations other than Targhee’s. In addition, resort owner Geordie Gillett said he was considering rescinding his previous offers of mitigation, such as open space and a privately funded transportation system, if commissioners don’t back down.

Targhee is surrounded by such pristine wildlands that any development is bound to have serious off-site impacts. Please support the commissioners’ stance to limit development by emailing your comments to commissioners@tetonwyo.org, and by attending the Oct. 16 hearing. Background information is available at:
www.jhalliance.org/Library/Perspectives/GrandTarghee.10-07.htm and
www.jhalliance.org/Library/PressReleases/GrandTarghee.6-07.htm.

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5) Local Development Issues Abound

In addition to the above items, the Conservation Alliance continues to monitor other county and town private lands matters. Here is a brief roundup of meetings at which you may share your concerns; you may also email county comments to commissioners@tetonwyo.org. (All times and dates are subject to change -- please call Teton County at (307) 733-8094 or the Town of Jackson at (307) 734-3993 for confirmation.) For more information on all community planning issues, please contact Kristy Bruner at kristy@jhalliance.org or (307) 733-9417.

OSPREY CREEK (old Teton Village Road KOA) DEVELOPMENT PROPOSAL -- Oct. 2, 9 a.m., County Commissioners’ Chambers, 200 S. Willow St., Jackson (THIS HEARING HAS BEEN RESCHEDULED FOR NOV. 13)
This proposal, approved by the Planning Commission in June, includes an amendment to rezone the Osprey Creek property to a Planned Unit Development for Affordable Housing district and to approve its sketch plan. After receiving county commissioners’ feedback this past summer, the developer has changed the plan by moving all market lots and building envelopes out of the Natural Resource Overlay, reducing the number of units from 88 to 74 (36 market and 38 affordable housing), and integrating the affordable and market units. The Conservation Alliance commends the developer for removing development from the NRO, which is a designation on town and county zoning maps that indicates lands with special wildlife values, but questions the long-term consequences of such a significant upzone on a 15-acre parcel in an area intended for low density.

NATURAL RESOURCE OVERLAY HABITAT MITIGATION -- Oct. 8, 6 p.m., County Commissioners Chambers, 200 S. Willow
The Teton County Planning Commission will discuss an amendment to refine and clarify the habitat mitigation requirements in the Natural Resource Overlay. Currently, if developers disturb private lands that the county has determined are critical wildlife habitat, they're required to improve habitat on other private land in the county on a basis of two acres of habitat enhancement for every one acre of disturbed NRO land. One of the modifications being considered includes a questionable alternative for developers to provide mitigation on public lands, if "no reasonable options exist to complete the required mitigation on private land."

MINIMUM LOT SIZE AMENDMENT – Originally scheduled for Sept. 25, this hearing was postponed to Oct. 9, 9 a.m., County Commissioners’ Chambers, 200 S. Willow
Six years ago, Wyoming passed legislation that allows landowners to subdivide parcels of 5 or more acres into lots of any size for family members for housing, business or agricultural needs. However, this family subdivision exemption has brought unintended consequences, including unchecked density. As of July 3, 134 parcels have been created in Teton County using the exemption. (The average parcel size is 4.6 acres; the smallest 0.19 acres.)

In response, a county-level amendment has been proposed to “support the use of minimum lot or parcel size as a basic planning and zoning tool.” (A similar county proposal failed 3-2 in March 2006.) Earlier this summer, Wyoming enacted a requirement that family members must hold the lot for five years before they can sell. Locally, on May 15, county commissioners enacted an emergency regulation that allows the planning director to evaluate whether an applicant’s use of the exemption is legitimate. The proposed minimum lot size amendment will go a step further by “closing the loophole that permits divisions of land to create parcels well below lot sizes permitted within the applicable zoning district.”

The Conservation Alliance supports efforts to remedy some of the unintended consequences of this exemption. As stated in the planning staff’s report, “approval of this amendment would enhance the protection of natural and scenic resources by requiring all divisions of land smaller than 35 acres to cluster development and preserve open space, as intended by the Comprehensive Plan.” While there are other options for landowners to pursue higher densities (i.e., a planned residential development), they would have to go through the planning process, unlike subdivisions under the family exemption.

SNAKE RIVER CANYON RANCH -- Next hearing to be determined
On Sept.11, county commissioners continued their discussion on the Snake River Canyon Ranch’s proposal for a master plan amendment. In general, the application proposes a shift from a lodge-based resort to a residential-scale development at the old Astoria Hot Springs near Hoback Junction. Planning staff did an excellent job of outlining 15 reasons that the application should be denied. Commissioners voted 4-1 to send the application back to the Planning Commission, suggesting that the applicant should not have attempted to quickly push such significant changes through the planning process. No date has yet been set for the Planning Commission hearing, and it’s unclear whether the applicant is willing to modify the application. In general, the Conservation Alliance questions the following: the increase in disturbance to Natural Resource Overlay lands (and inconsistencies between the applicant’s and the environmental assessment report’s estimate); the overall change in the development pattern on the parcel (and the net increase of nearly 145,000 square feet of development); and the extent of development slated to occur within the 150-foot setback of the Snake River.

TETON MEADOWS RANCH (Seherr-Thoss property) -- Hearings to be determined
The Conservation Alliance is in the preliminary stages of analyzing a proposal to build a 500-unit development on 288 acres of the Seherr-Thoss property in South Park. The developer is seeking a zoning change from Rural to NC-2 (under which development of vacant land can only occur if it’s considered to be “infill” between existing subdivisions). The developer’s stated primary goal is to “target all homes and lots to the Jackson workforce, to be sold at below-market prices to qualified buyers.” In addition to the required 15 percent of affordable housing, the applicant proposes donating lots to fulfill another 10 percent (described as “hybrid affordable”). The remaining 75 percent is being promoted as “homestead ownership,” a new affordable-housing product. Under homestead ownership, initial and future purchases of these 375 units and/or lots would be restricted by requirements such as: Buyers must work a minimum of 1,500 hours a year in Teton County; buyers may not own other property in Teton County at the time of move-in; sellers must occupy their home for at least two years before selling; and building permits must be submitted within three years of lot purchase. (In 2001, the Teton County Housing Authority planned to buy 329 acres of the same property and build about 1,100 mostly affordable units on it, but the sale fell through. At the time, opponents questioned the “New Neighborhood” development’s size and location in a rural area, given the Comp Plan’s stipulation that dense development be located near existing density to prevent sprawl and traffic congestion.)

MARRIOTT PROJECT SPECIAL MEETING -- Oct.1, 11:30 a.m., Jackson Town Council Chambers, 150 E. Pearl Ave.
The Town Council will hold a special meeting with the Planning Commission and Design Review Committee to discuss the Marriott project on Oct. 1. Jicarilla Apache Real Estate Trust is applying to build a more than 70,000-square-foot Marriot hotel complex at Pearl and Broadway. This past summer, the applicant proposed a land development regulation amendment to allow the maximum size for individual lodging structures to be 75,000 square feet (through a conditional use permit), as opposed to the current 35,000-square-foot restriction. The Conservation Alliance opposed the amendment because it didn’t comply with the community’s clear vision to minimize building scale to protect Jackson’s character. On Aug. 20, the Town Council voted not to approve it.

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6) WYDOT Seeks Input on Hoback Junction Reconstruction

The Wyoming Department of Transportation will hold an open house on its environmental assessment of the proposed reconstruction of Hoback Junction from 4:30 to 7:30 p.m., Oct. 9, at the WYDOT office at 1040 Evans Rd., south of Jackson. WYDOT wants to reconfigure the unsafe intersection of Highways 26/89 and 189/191 to either a “T” or a roundabout, and rebuild the 60-year-old bridge just southwest of this intersection. This is the first of three phases planned under the Hoback Highway reconstruction project. Work on the other two segments -- South Jackson to Hoback and East of Hoback -- will follow.

You can download the Hoback Junction EA at www.dot.state.wy.us (click on Information Central, then Manuals and Publications, then Environmental Documents, then Hoback Junction EA). Comments on the EA are due by Oct. 26 and may be emailed to hobackcomments@dot.state.wy.us, faxed to (307) 777-4193, or mailed to Mr. Timothy Stark, Wyoming Department of Transportation, Environmental Services, P.O. Box 1708, Cheyenne, WY 82003-1708.

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7) County to Reconsider Bear-Proof Trash Containers

Drought conditions, a shortage of berries and acorns, and increased development in bear country have driven bears to town in search of food, escalating conflicts with people. Wyoming Game and Fish officials say they expect the number of incidents to reach 150 this year -- more than the past five years combined.

In response, Teton County commissioners will review a revised amendment they hope will reduce bear-human conflicts at 9 a.m. on Oct. 9 at the Commissioners’ Chambers, 200 S. Willow. (THIS MATTER HAS BEEN TABLED UNTIL OCT. 23, SAME TIME AND PLACE.) In September 2006, Teton County passed “Phase 1” amendments, which included requirements for all property owners to have bear-resistant trash containers. But this requirement was not enforceable because it didn’t specify standards for the containers. To help remedy this and other problems, the Wyoming Game and Fish Department and Teton County have collaborated on a new amendment to refine bear-protection measures. The Bear Conflict Mitigation and Prevention Amendment establishes garbage, landscaping and bear-attractant standards as a condition of approval for new development proposals. The stringency of these standards varies depending on which “conflict priority area” (among three proposed areas based on Game and Fish data) the development falls in. The Conservation Alliance strongly supports and commends these proactive efforts to minimize conflicts with bears. For more information, please visit www.tetonwyo.org/plan and click on the link in the Announcement box.

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8) Forest Planning Rule Comments Due by Oct. 22

A draft environmental impact statement on the Forest Planning Rule, released in August, will determine how the current Bridger-Teton National Forest management plan revision will proceed. The preferred alternative (virtually identical to the Bush administration’s 2005 Planning Rule, which a district court judge tossed out in March) would significantly reduce protective measures, scientific rigor and public input on Forest Service plans.

The DEIS is available at www.fs.fed.us/emc/nfma/2007_planning_rule.html. The Conservation Alliance believes that preferred Alternative A will NOT ensure a planning process that will protect our irreplaceable national forests and wildlife. Page iii of the DEIS provides comments made during scoping by people critical of Alternative A. Charts comparing the alternatives are on Pages 28 to 38. Significantly, at the bottom of Page 36 it says it would be “typical” under Alternative A for officials to “categorically exclude” proposed projects on the forest from the requirements of the National Environmental Policy Act. In our comments, we’ll advocate for Alternative B, which would reinstate the more environmentally responsible 2000 Planning Rule.

If you’d like to discuss ways to make your comments effective, please contact Alliance Public Lands Director Louise Lasley at (307) 733-9417 or louise@jhalliance.org. Comments are due by Oct 22 and may be emailed to planningrule@fscomments.org, faxed to (916) 456-6742 or mailed to Planning Rule Comments, P.O. Box 162969, Sacramento, CA 95816-2969. Remember, we can best express our respect and appreciation for Jackson Hole’s natural wonders -- diversity of wildlife, scenic beauty, pristine air and water -- by participating in the public processes that determine how the lands around us will be managed.

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9) Sen. Barrasso Pledges to Protect Wyoming Range, Snake Headwaters

On Sept. 10, in his first major speech on the Senate floor, U.S. Sen. John Barrasso promised to work to restrict energy development on the Wyoming Range and to gain Wild and Scenic Rivers Act protection for Snake River headwaters. The late U.S. Sen. Craig Thomas, whom Barrasso replaced, introduced a bill in May to include about 400 miles of rivers and streams in northwest Wyoming in the National Wild and Scenic Rivers System. At the time of his death in June, Sen. Thomas was also planning to introduce legislation to limit oil and gas drilling on the Wyoming Range of the Bridger-Teton National Forest. “While [Sen. Thomas] is not here to carry on the work, the work needs to continue as part of his legacy,” Sen. Barrasso said, adding that he will soon introduce a bill “to protect the undeveloped areas of the Wyoming Range from any future oil and gas leasing.” (Read the Fall 2007 Alliance News, available at www.jhalliance.org/library.htm for background information on these two items.)

Please send a note of support to Sen. Barrasso at senator_jbarrasso@barrasso.senate.gov or 307 Dirkson Senate Office Building, Washington, D.C. 20510, (202) 224-6441.
Also, please also urge the other two members of Wyoming’s congressional delegation to likewise honor Sen. Thomas’ legacy:
Sen. Mike Enzi -- 379 Russell Senate Office Building, Washington, D.C. 20510, (202) 224-3424,
Email via: http://enzi.senate.gov/email.htm
Rep. Barbara Cubin -- 1114 Longworth, HOB, Washington, D.C. 20515, (202) 225-2311,
Email via: http://www.house.gov/cubin/zip_auth.html

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10) Heli-Skiing Controversy Continues

To protect the Palisades Wilderness Study Area and support federal environmental review policies, in February the Conservation Alliance, Greater Yellowstone Coalition, Earthjustice, Sierra Club and Wyoming Wilderness Association negotiated with the National Forest Service and High Mountain Heli-skiing for a transitional decrease in heli-skiing to legally mandated 1984 levels by 2010. This gradual decrease in use over four years would allow the company to move its operations to alternative terrain and result in heli-skiing numbers that would not endanger the Palisades’ Wilderness Study Area status.

Despite agreeing to this court-ordered compromise, both the Forest Service and High Mountain Heli-skiing have since filed appeals, and in September, High Mountain Heli-skiing filed its legal arguments. Stay tuned for more on this as it progresses. For background information, please visit www.jhalliance.org/issues.htm and click on “Heli-skiing and Wilderness.”

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11) Upcoming Events

The Conservation Alliance is a co-sponsor of two forums to help educate voters about elected officials’ views on conservation issues and encourage discussion on local governments’ efforts to manage growth and its impacts:

TUESDAY, Oct. 9, 7 p.m., County Commissioners’ Chambers, 200 S. Willow
Wyoming Conservation Voters Education Fund & Teton County Commissioners Public "Civic Engagement" Forum

WEDNESDAY, Oct. 10, 7 p.m., County Commissioners’ Chambers, 200 S. Willow
Wyoming Conservation Voters Education Fund & Jackson Town Council Public "Civic Engagement" Forum

WEDNESDAY, Oct. 17, Noon at the Conservation Alliance, 685 S. Cache St.
Info Lunch: “Flight of the Whooping Crane”
Please join us for a showing of renowned photographer Tom Mangelsen’s film “Flight of the Whooping Crane.” (Technical difficulties interfered with our originally scheduled showing in July.) This Emmy-nominated, National Geographic film chronicles the plight of these endangered birds and the efforts to bring them back from the brink of extinction. As cinematographer and associate producer, Mangelsen created the film in hopes of furthering awareness of the dangers facing this species that at one time lived in Jackson Hole. He's planning to join us, so this should be a great behind-the-scenes opportunity! The film begins at noon in the Alliance conference room. Bring lunch, and we will provide drinks and snacks.

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12) Valley Echoes

“Cities have the capability of providing something for everybody,
only because, and only when, they are created by everybody.”

- Jane Jacobs, writer and activist

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Alliance Action is a publication of the Jackson Hole Conservation Alliance. The Jackson Hole Conservation Alliance is dedicated to responsible land stewardship in Jackson Hole, Wyoming, to ensure that human activities are in harmony with the area’s irreplaceable wildlife, scenic, and other natural resources. The Alliance is a nonprofit, 501(c)(3) organization.

(If you no longer wish to receive this e-newsletter, please send a note saying you’d like us to remove your email address from our list to: allianceaction@jhalliance.org.)

 

 

 

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