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Planning commission conditionally accepts Kaye Ranch concept plan pending legal review of application timing

5542867 · May 13, 2025
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Summary

Commissioners agreed to advance a 19‑lot concept plan east of Victor under the older Title 9 rules but added a legal review condition to confirm whether the application was deemed complete before an Area of Impact code change.

Teton County commissioners voted to accept the Kaye Ranch (presented as "K grama" in staff materials) concept plan and allow the project to proceed toward preliminary review, while placing a condition that county legal counsel confirm whether the application was completed under the prior Title 9 rules.

Applicant representative Terry Cook of Nelson Engineering said the applicant submitted pre‑application material in October and completed a pre‑application meeting in November 2024; staff and the applicant told the commission some administrative records around “deemed complete” timing were ambiguous because of staff transitions and the timing of a city‑of‑Victor Area of Impact (AOI) ordinance change in December.

Cook said the team had pursued a pre‑application because county turnaround had been slow and they filed to preserve review under the earlier code; staff told the commission it would check the record and obtain legal guidance. Because the AOI agreement and timing affect whether the project is reviewed under the older Title 9 subdivision rules or the newer Land Development Code, the commission added a condition requiring a legal determination before the project proceeds to preliminary plat.

The proposal is for roughly 19 lots on about 75 acres east of Victor, with lots designed at approximately 3–5 acres each and wildlife habitat overlays and possible scenic corridor concerns present. Staff noted Big Game and breeding sharp‑tailed grouse habitat overlays on portions of the parcel and recommended early wildlife habitat assessment; the applicant said a wildlife study and required test pits and fire‑safety measures would be completed at preliminary plat.

The commission approved the concept plan with conditions, including that building envelopes be set outside conservation priority areas identified by the wildlife habitat assessment and that legal staff confirm the applicable code (Title 9 vs. LDC) given the pre‑application and AOI timing. Commissioners also asked the applicant to be prepared to submit a traffic study or other infrastructure analyses if staff or public works concludes they are necessary at the next stage.

What happens next: county staff will seek legal guidance about the application’s completion date and notify the applicant whether the project stays under Title 9 or must be reviewed under the LDC; the applicant will prepare wildlife, traffic and fire‑safety studies for the preliminary submission.