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August 2008 Alliance Action

1) Vote in primary election Aug. 19
2) Draft Comp Plan won’t work, and here’s why
3) Update on moratoriums
4) Town approves master plan for huge hotel near 5-Way
5) Affordable housing updates
6) Other town and county items of interest
7) Comment on Bridger-Teton motorized travel plan by Aug. 4
8) Other public lands news
9) Wolves get reprieve
10) Coming Events
11) Valley Echoes

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1) Vote in primary election Aug. 19

Those candidates who support a wild and beautiful Jackson Hole will advance only if you vote for them in the primary election on Aug. 19. Articles about the candidates and their values are available on the Jackson Hole News&Guide website at www.jhnewsandguide.com (under “Quick search” at the bottom left hand of the home page, type “archive,” then on the archive page under “Keyword search,” choose town, county, state or national election from the pull-down menu.)

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2) Draft Comp Plan won’t work, and here’s why

The deadline for online comments on the first draft of the Jackson/Teton County Comprehensive Plan was July 31, but general comments are still being accepted throughout the update process, and we urge you to stay involved. Information is available at www.jacksontetonplan.com and www.jhalliance.org/issuescompplan.htm. For a list of people to share your comments with, please visit www.jhalliance.org/Library/Alerts/CompPlanContacts.6-08.pdf.

While the Conservation Alliance appreciates the complexity of the Comp Plan update and the hard work by planning staff, we have significant concerns with the plan and process to date. (See www.jhalliance.org/Library/Alerts/CompPlanComments.7-08/JHCACompPlanComments.7-08.pdf for our full comments on the draft Comp Plan.)

First, even though the Comp Plan’s framework and outcomes are entirely based on strong cooperation and coordination between the town and county, it’s unclear to what extent this is happening.

Second, we believe the plan must address community issues much more holistically than it has so far. The draft plan provides no direction in the case of conflicting priorities, and undervalues the role of Jackson Hole as a unique gateway community with a critical role in the Greater Yellowstone ecosystem. Recent surveys all showed that our community holds two common core values -- protecting wildlife and managing growth responsibly. But the draft plan fails to provide a way for these goals to be realized. The draft lacks a comprehensible and unique foundation for future planning in Jackson Hole.

Third, the Comp Plan needs to address smart growth in a much more comprehensive way. The draft plan does a good job of outlining why a minimized development footprint is important for wildlife. But it doesn’t identify or analyze overall potential for residential and commercial development (e.g., potential numbers of additional dwelling units, residents and commercial square footage), or responsible rates of growth. From an ecological perspective, the draft plan appears to be based on inaccurate and incomplete assumptions. Overall reduced development potential must be a top priority in the Comp Plan -- both community input and planning principles support this approach.

Fourth, the future land-use plan maps need significant refinement and clarity to determine to what extent the development footprint will be lessened, and whether the footprint is configured in a way that will protect both ecologically valuable areas and the community’s quality of life. The maps have caused confusion since it’s not apparent what they actually propose regarding specific locations, densities, proportion of development types and so on. Without clear representation, the rest of the Comp Plan is undermined. The maps are supposed to bring predictability to the plan, so a clear, detailed analysis of what they propose is essential.

Fifth, it was our understanding that this process was an “update,” and not a complete rewrite or revision of our existing Comp Plan. We hope that significant language from our current plan will still be included, such as the importance of the relationship between the built and natural environments in protecting community character. Much of our community’s vision and perspective about what makes Jackson Hole so rare and valued still holds. We need to make sure we don’t lose sight of that.

Sixth, the next stage of the update process must take a much closer look at what sustainability should mean for Jackson Hole. A key aspect of sustainability is the recognition of capacity, limitations and thresholds. How many more people, cars and buildings can Jackson Hole bear without permanent damage to the valley’s resources? To be sustainable, we must be willing to acknowledge the very real limitations in meeting different community goals within the context of the community’s top priorities -- to protect wildlife and to manage growth responsibly.

A strong, more predictable plan will be based on asking and answering the tough questions now, so that our community doesn’t have to keep dealing with them on a development-by-development basis in the future. What are the consequences of drastically increased residential and commercial development? What does increased development mean in terms of wildlife protection, workforce housing, scenic character, quality of life and fiscal impacts? What does the draft Comp Plan really propose and what are the potential consequences?

Answers about the next stage of the Comp Plan process are likely to unfold at the next joint meeting between the Jackson Town Council and Teton Board of County Commissioners, Aug. 4, 3 to 5 p.m., County commissioners’ chambers, 200 S. Willow.

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3) Update on moratoriums

Moratoriums are common planning tools used by communities in the process of working on their comprehensive plans. While communities figure out how to plan for responsible growth, moratoriums -- pauses in day-to-day permitting decisions -- provide relief from development pressures that could otherwise compromise the process.

Four different local moratoriums have recently been in the news -- two that are in effect and two that were not approved. Currently, Teton County has a moratorium on new residential subdivisions and zone changes on parcels greater than 20 acres, and the Town of Jackson recently voted for a 90-day extension of a moratorium on condominium conversions (see #5 below).

The other two moratorium requests didn’t gain traction with elected officials. On July 1, county commissioners voted unanimously against a temporary ban on all commercial developments larger than 3,450 square feet, and on those that don’t promise to house all of their workers. This vote followed the planning commission’s June 9 recommendation to enact the ban as proposed by planning commissioner Tony Wall. Wall had argued that commercial development is creating a need for more employee and affordable housing than developers are required to build, making the valley’s housing problems worse. But county commissioners decided a freeze wasn’t warranted, counting on a proposal to increase employee-housing mitigation rates that’s in the works to help fix shortfalls.

Then on July 14, about six weeks after a Conservation Alliance request to enact an immediate, temporary moratorium on all development proposals using the planned mixed-use development tool, the Town Council and Town Planning Commission held a joint meeting to discuss the request and possible amendments to the PMD. Unfortunately, the councilors never made a motion to vote on the request, but simply acknowledged a need to modify the tool. We had hoped for a temporary pause that would have given planning staff time to: 1) focus on the Comp Plan update, and 2) evaluate the PMD to determine if or how it can be modified to better implement community goals.

It’s clear that the PMD tool facilitates large-scale developments inconsistent with both the current Comprehensive Plan and the community’s preferences recently voiced during the Comp Plan update process. Recent hearings have further elevated our concerns about redevelopment in Jackson. (See #4 below.) Officials appear to be making decisions with little regard for both the public’s interests and for the precedents they are setting at a very important time for Jackson Hole. It appears decisions are being made without consideration for preserving Jackson’s unique character, or for the role it plays in our community’s long-term economic viability and cultural vibrancy.

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4) Town approves master plan for huge hotel near 5-Way

On July 21, the Jackson Town Council voted 4-1 to approve the 4-story, 154,000-square-foot luxury condo-hotel complex at the current Painted Buffalo site. (Councilor Bob Lenz was opposed, due to the massive scale of the project.) The applicant used Jackson’s planned mixed-use development tool, rather than apply as a hotel, even though the development is nearly 93 percent lodging. The next step is for Mills Wyoming Hotel LLC to present a final development plan, which will also go through review by the Town Planning Commission and Town Council.

Throughout this approval process, the Conservation Alliance has questioned the bulk and scale of the project, particularly given its prominence at the main gateway to downtown. As mentioned in #3 above, consideration of PMDs detracts from the current Comp Plan update process, which is supposed to take into account the community’s input about the kinds of development preferred in the downtown area. In all the recent Comp Plan surveys (available at the Comp Plan website, www.jacksontetonplan.com), the majority of the public has consistently said they don’t want four-story buildings along major corridors.

The Conservation Alliance is very disappointed with this vote. Why does the Town Council continue to endorse the use of the PMD planning tool when it doesn’t implement the community’s vision for lodging and commercial development, or facilitate smart growth?

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5) Affordable housing updates

RECONSIDERATION OF COUNTY RESIDENTIAL AFFORDABLE HOUSING “FEE IN-LIEU” INCREASE -- Aug. 5, 9 a.m. County commissioners’ chambers, 200 S. Willow. On May 20, the Teton Board of County Commissioners voted to increase the affordable housing “fee in-lieu” for residential development, as proposed by the Teton County Housing Authority. However, on June 3, after hearing complaints from valley real estate agents and developers about the burden the increased fees would create, the commissioners decided to reconsider the fee increases on July 1. This meeting was then postponed till Aug. 5.

The intent of this amendment, and the other “fee-in-lieu” amendments below, is for developers to pay fees that are closer to covering the costs of providing affordable and/or employee housing (in the event they opt to not actually build the number of affordable units required to mitigate for the impacts of the new development). According to an April planning staff report on the above amendment, "Projects using an in-lieu fee are currently paying to house only about one-tenth of the population required to be housed by the regulations. As a result, either the required percentage of people to be housed in each new development is not met, or the public subsidizes the remainder of the developer's obligation."

COUNTY COMMERCIAL EMPLOYEE HOUSING “FEE IN-LIEU” INCREASE -- Aug. 5, 9 a.m., County commissioners' chambers, 200 S. Willow. In a related matter, Teton County commissioners are also set to discuss an amendment to increase the in-lieu fee for commercial employee housing mitigation on Aug. 5. (This discussion was rescheduled from July 15.) Teton County planning commissioners unanimously recommended the amendment on June 9.

TOWN EMPLOYEE HOUSING "FEE IN-LIEU" INCREASE -- On July 21, the Town Council directed staff to write an ordinance to raise fees in-lieu for employee housing for projects in town. The present fee of $42.16 per square foot of employee housing required hasn't been updated since 1994 and is not in line with current construction costs. According to the Teton County Housing Authority, the fee should be increased to $112.50 per square foot or $45,000 per unit.

PROPOSED MODIFICATION OF PUD-AH ZONING DISTRICT -- Teton County Planning Commission, Aug. 25, 6 p.m., County commissioners’ chambers, 200 S. Willow. On June 23, Teton County planning commissioners postponed until August a decision on whether to recommend major revisions to the planned unit development for affordable housing zoning district. Two recent proposals that sought to use the PUD-AH (Osprey Creek and Teton Meadows Ranch) highlighted its inherent problems, and county commissioner candidate Brian Grubb suggested changes this past spring. These included amendments that would require PUD-AH projects to be located only in specific areas of the county, and to restrict density to 125 percent of the density of surrounding neighborhoods and to 150 percent of the density permitted by right. The current PUD-AH zone has no limit on density. Planning commissioners agreed that the PUD-AH needs work, and they invited Grubb to return with more data to back up his recommendations, which now include not allowing such developments on lands zoned rural.

TOWN CONDOMINIUM CONVERSIONS AND AFFORDABLE HOUSING -- Town Council workshop, Aug. 4, 1 to 3 p.m. Town Hall, 150 E. Pearl. A moratorium on condo conversions in town was set to end July 13, but on July 7, councilors voted to extend it for another 90 days. At this next workshop, they will discuss a recent study as a basis for possible policy revisions regarding conversions.

As real estate prices have shot up, more apartment building owners are converting rental units to condos. And converted buildings haven’t had to meet the same affordable-housing requirements as new construction, so displaced renters end up with fewer options for places to live. The Conservation Alliance promotes diverse strategies to address affordable housing, including preserving current inventory and increasing mitigation rates for residential and commercial development. Policies that don’t protect existing workforce housing exacerbate the demand for additional affordable units. To date, the Town Council continues to stall discussions on the need for increased affordable housing mitigation rates. They have only recently discussed raising fees-in-lieu for employee housing (see above).

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6) Other town and county items of interest

In addition to the above items, the Conservation Alliance is monitoring several other town and county private-lands matters. Here’s a brief roundup; however, please note that all meetings are subject to change. Please call Teton County at (307) 733-8094 or the Town of Jackson at (307) 734-3993 for confirmation, or contact Alliance community planning director Kristy Bruner at Kristy@jhalliance.org or (307)733-9417.

5-WAY INTERSECTION RECONSTRUCTION -- In July, the Town of Jackson released updated plans for the reconstruction of Broadway around its intersection with Pearl Ave. and Flat Creek Drive. The plans are available at Town Hall, 150 E. Pearl, and at www.townofjackson.com (under “In the News, click on “5-Way Reconstruction Project). The town is taking feedback from residents through Aug. 6. Then on Aug. 18, 6 p.m., also at Town Hall, the Town Council will decide whether to sign off on the plans; an okay would allow the Wyoming Department of Transportation to proceed with final design and construction. Coupled with the Mills Hotel project (see #4 above), plus plans in the works to put yet another hotel at Pearl and Broadway, getting through town could be quite interesting in the next couple of years.

NORTH CACHE REZONE PROPOSAL UPDATE -- After the Jackson Planning Commission recommended denying his request to upzone an area in the 300 block of North Cache, property owner Dan Cook switched gears. In a pre-application conference on July 16, he presented Town Council members and planning commissioners with his ideas for a planned mixed-use development there instead. Since we question the approval of PMDs while the community is still giving input through the Comp Plan update process, the Conservation Alliance will continue to keep an eye on this project as it develops.

HOUSING PROPOSED AT “Y” INTERSECTION -- Jackson Planning Commission, Aug. 20, 6 p.m., Town Hall, 150 E. Pearl. On Aug. 20, Town planning commissioners are tentatively scheduled to hear a proposal for a 92-unit residential development close to the northeast corner of the Broadway-Hwy. 22 intersection (where the ready-mix plant is).

WILSON COMMERCIAL ZONING DISTRICT -- Teton Board of County Commissioners, Aug. 5, 9 a.m., County commissioners’ chambers, 200 S. Willow. Commissioners will continue to discuss a proposal to create a commercial zoning district for Wilson on Aug. 5. County planners say some of the development allowed in Wilson’s commercial core under current zoning could drastically change its character, while some types of development desired by residents is prohibited. At this meeting, more discussion is expected on how commercial use will be restricted and what percentage of commercial space is appropriate. For details, visit www.tetonwyo.org/plan and click on “Link to Wilson Planning Page” in the Announcements box.

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7) Comment on Bridger-Teton motorized travel plan by Aug. 4

According to the Forest Service, ATV use on public lands has increased seven-fold in the past 20 years, and there are no restrictions on motorized travel on more than 255,000 acres of the northern part of the Bridger-Teton. This has led to disturbed wildlife, degraded habitat and miles of user-created trails.

The complete draft environmental impact statement, maps and comment forms for a plan to fix these problems is available at www.fs.fed.us/r4/btnf/projects/travelrevision/index.shtml, and comments are due by Aug. 5. The plan includes five alternatives that range from increased road closures and seasonal restrictions to more miles of trails for ATVs and motorbikes. (The “No Action” Alternative A would not be allowed since all National Forests have been mandated to put travel plans in place on all forest lands.) Bridger-Teton officials have worked closely with the public and Wyoming Game and Fish personnel to draft a plan for a trail system that addresses degradation of habitat, impacts on wildlife and user safety. Any of the alternatives B through E will be an improvement on the existing use of motorized vehicles in the forest. All of them include seasonal road closures, and varying compromises between wildlife and recreation. The government’s initial preferred alternative is Alternative D, which would keep many of the trails most popular with motorized-vehicle users, but would impose some seasonal limits. The Conservation Alliance will ask for implementation of Alternative B, with additional requests for closure of specific spurs or trails within wilderness study areas. Our written comments will be available at www.jhalliance.org/Library/Alerts/OHVComments.8-08.pdf by Aug. 2. The final EIS is expected this fall, with implementation in 2009. At that time, any motorized travel off designated trails will be illegal and subject to fines. The plan is for the maps to be updated annually to address changing wildlife or trail reconstruction issues.

You can make your comments by Aug. 4 to:
David Wilkinson, Public Outreach, BTNF, Jackson Ranger District
P.O. Box 1689, Jackson, WY  83001;

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8) Other public lands news

BRIDGER-TETON MANAGEMENT PLAN REVISION STILL IN LIMBO -- In early April, the U.S. Forest Service approved a new planning rule that was supposed to give Bridger-Teton officials the direction they needed to formally resume the B-T’s management plan revision. That process began in 2005 but has been stalled for more than a year. (The Bridger-Teton is currently operating under a plan finalized in 1990 that made 1.9 million acres -- more than half of the entire forest -- open to new oil and gas leasing.) But on April 11, a coalition of 14 conservation groups filed suit in federal court to block the Forest Service from implementing the new rule, saying it would remove vital protections for fish, wildlife and other resources. Since then, the B-T’s plan revision process has remained in limbo, but that may soon change. Regional Forester Harv Forsgren is supposed to decide this fall if Bridger-Teton officials can do an end run by using the 1982 Planning Rule to make amendments to the current management plan. Issues in the plan that might be considered for amendment are the standards and guidelines, oil and gas development in the Wyoming Range, and summer motorized travel management in the southern portion of the forest. Stay tuned for updates.

PINEDALE ANTICLINE -- The Bureau of Land Management has released its revised plan for expanded drilling on the Pinedale Anticline project area southeast of Jackson Hole. The proposal calls for 4,400 more wells, almost nine times the number currently in place, likely drilled at a rate of up to 232 wells per year. This would substantially expand the impacts beyond what was authorized in the original plan in 2000. Also, in a precedent-setting move, the operators propose to drill year-round and no longer be subject to well-established, seasonal drilling protections for big game and sage grouse. While this proposal contains some good measures to limit industry’s footprint, unless enforceable mitigation measures are strengthened, this ramped-up drilling in the Pinedale Anticline will harm northwest Wyoming’s quality of life, clean water and air, exceptional vistas and extraordinary wildlife. The BLM won’t get a second chance to get this important decision right. They have the tools for a good plan but so far have failed to combine them into a sensible conservation alternative. Contact the BLM today and let them know that a slower pace of development and stronger enforcements are paramount for finding real balance on the Anticline. Write to: Caleb Hiner, Project Manager, Bureau of Land Management, Pinedale Field Office, P.O. Box 768, Pinedale, WY  82941. To find out more, please visit the Upper Green River Valley Coalition’s website, www.uppergreen.org.

PINEDALE BLM RESOURCE MANAGEMENT PLAN -- The final EIS for this plan should be available on Aug. 22 at www.blm.gov/rmp/wy/pinedale/documents.html. (The draft EIS was released in Feb. 2007 and generated more than 100,000 letters, most of which cited concerns about energy development.) The RMP will direct future management of more than 900,000 acres of federal surface estate lands, and 1.1 million-plus acres of federal mineral estate lands in Sublette, Lincoln and Fremont counties. The plan will establish guidance, objectives, policies and management actions for such issues as vegetation, grazing, wildlife habitat and fisheries, air and water quality, and energy and minerals development. After it’s posted, the final EIS will be subject to a 30-day review and appeal period.

UPDATE ON SNAKE HEADWATERS AND WYOMING RANGE LEGISLATION -- In July, the Craig Thomas Snake Headwaters Legacy Act and the Wyoming Range Legacy Act were included in the Omnibus Public Land Management Act (S 3213) and introduced on the U.S. Senate floor. The Senate Energy and Natural Resources Committee passed each of the 90 conservation bills in this collection and committee chair Senator Jeff Bingaman introduced the packaged bill, which may have a better chance of passing into law as a collection rather than individually. The full Senate must vote on the Omnibus Act before it passes to the House of Representatives.

The Craig Thomas Snake Headwaters Legacy Act would protect 387 miles of the most pristine rivers and streams in the Snake River drainage under the Wild and Scenic Rivers Act. The bill was originally introduced by Sen. Craig Thomas in May 2007. Sen. John Barrasso took up this bill and renamed it to honor Sen. Thomas after his death. The act would permanently protect the remaining free-flowing rivers and streams of the Snake River headwaters and secure some of the best habitat for cutthroat trout in the lower 48 states. To date, the Clark’s Fork of the Yellowstone River is the only river in the National Wild and Scenic Rivers System in Wyoming. Visit www.snakeheadwaters.org for background.

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9) Wolves get reprieve

The Conservation Alliance and several other groups won a significant victory last month in our efforts to protect wolves. On July 18, in a 40-page ruling, U.S. District Judge Donald Molloy granted our request for an injunction and reinstated Endangered Species Act protection for wolves in Wyoming, Montana and Idaho until our lawsuit challenging delisting works its way through the courts. In his ruling, Molloy said the federal government had not met its own standard for wolf recovery, and that wolf-control laws in the three states were "more than likely to eliminate any chance for genetic exchange to occur." Such exchange is needed to ensure healthy wolf populations. It’s unknown if the federal government will appeal this decision, and no court date has yet been set for the hearing on the merits of our case. However, the three states have all postponed their plans to establish wolf-hunting seasons this fall in the wake of Molloy’s decision. See www.jhalliance.org/Library/PressReleases/WolfKillInjunctPR.7-21-08.pdf for more information about the ruling.

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10) Coming Events

The Jackson Hole Conservation Alliance’s Summer Rendezvous Series continues with the following events in August. For more information and to RSVP for any of the following, please call (307) 733-9417 or email info@jhalliance.org. Visit www.jhalliance.org/contact.htm for a map to our office at 685 S. Cache St.

Saturday, Aug. 2
Sleeping Indian Day-Trek -- Join Franz Camenzind, wildlife biologist and executive director of the Conservation Alliance on a summer hike up the Sleeping Indian from Flat Creek. Franz will discuss Bridger-Teton wildlife and public lands issues. We will depart for the trailhead at 7 a.m. for this all-day hike. Please bring raingear, warm layers, sunscreen, water and lunch. Cost: $15.

Tuesday, Aug. 5
As part of the National Elk Refuge’s Naturalist Night Series, Conservation Alliance executive director Franz Camenzind will share his extensive studies of coyotes at 5:30 p.m. at the Visitors’ Center, 532 N. Cache. For more information on this free series, please call (307) 733-9212.

Friday, Aug. 8
Celebration for the Sage Grouse -- Leslie Still, the owner of Buffalo Trail Gallery, has come up with a new way to support the Conservation Alliance. She is inviting her artists to create a piece of art related to sage grouse and/or their habitat. She will donate 10 percent of proceeds from this special show and will host a reception from 5 to 8 p.m. on August 8 to showcase this event at 98 Center St. Please join us, and tell your friends and neighbors.

Saturday, Aug.9
Wildlife Photography Safari -- Join professional photographer and cinematographer Jeff Hogan on a wildlife expedition to Schwabacher’s Landing north of Moose in search of unique photographic opportunities. The group will bushwhack along a series of beaver ponds in an attempt to view wildlife. Jeff will discuss basic photography concepts and skills, so bring your camera if you have one! We will conclude the field trip at Dornan’s in Moose with food and drinks overlooking the majesty of Grand Teton. This is a unique chance to learn from one of the best! Cost: $15 (does not include food and drinks at Dornan’s)

Saturday, Aug. 16
A Walk on the Wild Side -- Hike in the beautiful Palisades Wilderness Study Area. Local backcountry aficionado Dr. Bruce Hayse will lead a day hike into the Palisades Mountains to explore an area deserving of wilderness designation. Cost: $15.

Wednesday, Aug. 20
Info Lunch: Christianity and the Environment -- Guest speaker Shirley Craighead, who started the Ecology Club and heads the Social Justice Committee at Our Lady of the Mountains Catholic Church, will facilitate this brown-bag lunch discussion. Bring your own lunch; we’ll provide beverages and dessert. Free, at noon at the Conservation Alliance, 685 South Cache St.

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11) Valley Echoes

“He is a wise man who does not grieve for the things which he has not,
but rejoices for those which he has.”

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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.

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