Commissioners deny Ortega appeal to rezone 7.5-acre parcel, citing private-road safety and spot-zoning concerns

The Jefferson County Board of Commissioners voted to deny an appeal to rezone a 7.5-acre parcel east of Rigby from R-5 to R-1, upholding a prior Planning and Zoning Commission recommendation.

Planning staff told commissioners the property, which has a radio tower and no existing development, sits inside the county's area of impact for the City of Rigby and is currently accessed from a private road. "When reviewing this application against the comprehensive plan . . . if the zone change were approved, they could break it down into 7 one-acre lots," Planning staff Jenna said, adding that the existing private road is more than 1,200 feet long and would require board approval under the county's private-road standards.

The county's concern centered on whether adding up to seven homes would overload a narrow private road and create a classic spot-zoning situation: higher-density lots surrounded by lower-density properties. "The private road was a big issue with this application," Jenna told the commissioners, noting the code requires wider improvements or explicit board approval when a private road exceeds certain lengths.

Appellants Maria and Alvino Ortega told commissioners they had discussed the change with planning staff before filing and said they intended to build five to seven homes, possibly manufactured or mobile homes, that they characterized as "affordable housing." Alvino Ortega said the easement used for access had been recorded and that parts of the traveled way measure 33 feet. "We just want to put 5 to 7 homes for low-income people or affordable housing," he said.

Neighbors who live directly east of the parcel, Brett and Jill Hamilton, urged denial. "The increased traffic would pose several risks," Jill Hamilton said, reading a prepared statement that warned of narrower travel openings onto the county road, limited emergency access and a regularly used unmaintained easement that she said county residents currently maintain themselves.

During deliberations commissioners repeatedly pointed to the private-road standard and future connectivity as decisive factors. "I don't see any point in rezoning it to R-1 if we don't have a road," one commissioner said, adding that granting an R-1 zone without resolving access and connectivity would contradict county policy and create a spot-zoning precedent.

A motion to uphold the Planning and Zoning Commission's recommendation and deny the Ortega appeal passed on roll call.

The board encouraged the appellants to pursue alternative access or other site changes and suggested the applicant could return if a different access plan that met code and connectivity expectations were developed.

The public hearing record shows planning staff sent agency notice and had received only one comment from the City of Rigby (no comment) before the public hearing. Commissioners noted the appellants had not attended the Planning and Zoning Commission meeting where the denial recommendation originated, so the board had new information from the appellants and neighbors in the hearing record.

Outcome: The appeal was denied; the Planning and Zoning Commission's recommendation to deny the zone change from R-5 to R-1 was upheld.