JACKSON HOLE CONSERVATION ALLIANCE

P.O. Box 2728

Jackson, WY 83001

(307) 733-9417

www.jhalliance.org

7/11/07 Jackson Hole News&Guide

Osprey Creek Chips Away at Habitat

By Kristy Bruner
Community Planning Director, Jackson Hole Conservation Alliance

On behalf of the Jackson Hole Conservation Alliance, I would like to voice our support to uphold the Natural Resource Overlay (NRO) boundary with respect to the Osprey Creek development proposal. To do otherwise would undermine the years of work that have gone into planning for future growth around the valley, as well as degrade the integrity of the Comprehensive Plan itself and the long-term vision that it intends to protect.  The following is a guiding principle in the Comp Plan: “Teton County’s wildlife and scenic resources are a local and national treasure, and therefore, the community recognizes a stewardship responsibility for their protection.  Future development in Teton County will take place in this context.”  The Osprey Creek proposal falls short in recognizing this context, and as a result, would set a bad precedent for future development.

I’d like to discuss a few points behind this reasoning.  First, this proposal misses the target for smart development.  While it has site-specific elements that represent New Urbanism design standards (as required for a PUD for Affordable Housing), it does not heed the prerequisite that the development occur in a smart location.  Specifically, New Urbanism principles state that development patterns should not blur or eradicate the edges of urban areas; peripheral expansion should be avoided; and development should respect historical patterns, precedents and boundaries. If approved, this development would add high density away from established nodes and would catalyze sprawl.  In effect, approval would negate our previous land use policies to steer development in a way that protects Jackson Hole’s rural character.

In addition, this proposal seeks to challenge the integrity of our valley’s key natural resource protection policy, the NRO.  There has been significant discussion about the intent and legal criteria of the NRO, as the “PUD for Affordable Housing is not a permitted use within the NRO.”  The applicant asserts that the portion of land currently within the NRO does not warrant inclusion (and therefore this prohibitive regulation is not applicable to the Osprey Creek proposal).  Interestingly, our land development regulations do not lay out specific criteria for this type of determination, nor do they provide procedural guidelines for removing, or expanding, the NRO boundary as a result of site-specific analyses.

Of key importance to this decision is the manner in which the NRO is interpreted as a “soft line.” The applicant suggests that only site-specific analyses can be used for determination of NRO “worthiness.”  While the Comp Plan and land development regulations refer to the need for these analyses, they were not intended to be a loophole, but rather a recognition that natural conditions change and that landscape function is dynamic.  Piecemeal, site-specific analyses could not possibly be the “answer” to understanding what results in viable wildlife populations at the landscape level.  Therefore, it should not be argued that site-specific analyses suffice in determining the extent of the NRO.  Undoubtedly, there are important natural resources within the proposal area.  If we want to protect our natural resources, we need to make sure we’re asking the right questions to get at the best science and the best management solutions.  Are we asking ourselves if land use decisions should be based on what proportion of current habitat might be affected by a single development – or what proportion of total (historical) habitat should we be protecting to sustain viable wildlife populations?

This proposal also rests on the premise that concerns for precedence are invalid and that minor exceptions do not lead to major consequences.  Proponents say that protecting one small section of the NRO isn’t important, and that it contributes relatively little to protecting our natural resources.  However, while no single development, at this scale, can “destroy” our natural resources, the net effect of several developments can.  This is why precedence clearly matters.  If we go down the road of making land use decisions within the NRO that equate “small” changes as insignificant, we are setting ourselves up to become a community that failed in its obligation for sound land stewardship.  In effect, we are not recognizing the reality of indirect or cumulative impacts, which collectively incur significant changes to our valley.  Experience, here and elsewhere, tells us that incremental changes through time stand to have the greatest consequences.

Undoubtedly, our community has an affordable housing crisis, one that has been anticipated for years, and which is increasingly threatening the social fabric of our community.  The Osprey Creek proposal provides a short-term contribution to this crisis, therefore the difficulty of the upcoming (July 17) decision is understandable.  However, approving this proposal is not a proactive way to deal with our current housing crisis, nor does it reflect a viable model for integrating affordable housing in a way that protects our community’s comprehensive values.  It would simply equate to a hasty reaction, with little thought and appreciation for long-term ramifications of ignoring the objectives of the NRO.  The applicant’s intention is commendable, and addresses a worthy cause, but approving this plan would be a step back for a community that is striving to grow smartly.

Please attend the July 17 hearing at the County Commissioners’ chambers to voice your concerns and/or offer recommendations for how our community can best evaluate this proposal.  If you have questions, please contact the Alliance at 733-9417.

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The Jackson Hole Conservation Alliance is a non-profit organization dedicated to responsible land stewardship to ensure that human activities are in harmony with the area’s irreplaceable wildlife, scenic and other natural resources. The organization has 2,000 members from Jackson Hole and across the nation.