Commissioners decline to reconsider Hoback Club deed restrictions after developer counsel warns of legal limits

Teton County commissioners debated whether to reopen a recent approval of deed restrictions tied to five affordable and workforce rental units at Hoback Club (1120 South Park Loop) on Aug. 25, but after public comment and legal advisories the reconsideration motion failed 3–2.

Commissioner Kamisha Probst moved to reconsider item 12 from the Aug. 19 agenda, which had been a motion to approve five affordable/workforce rental deed restrictions for Hoback Club. Commissioner Karlmann seconded the motion. County staff and the county attorney explained the procedural rules for reconsideration and noted that the deed restrictions and plat had already been recorded and that closings were proceeding.

Amberley Baker, legal counsel for Cody Lane Development Corp., told the commission her clients followed the county—s Land Development Regulations and staff direction and that the deed restrictions were recorded "as directed by Christy and Chandler, again, following your LDRs, following your rules." She warned there could be legal consequences if the board tried to reverse an action that had been recorded and for which purchasers were closing.

County legal staff reviewed the 2021 administrative record and past emails and said planning staff had treated the updated mitigation rules as applicable to the Hoback Club submittal, noting an administrative path (minor deviation) existed if the developer wanted to change a plan during review. Staff said their review of emails from 2021 showed staff treating the updated mitigation requirements as assumed to apply, and they offered to include those historical documents in a staff report if the board wanted further analysis.

Planning Director Chris Neubecker asked for more time if commissioners wanted a forensic review of the 2020–2021 decisions that produced the existing mitigation rules and how staff implemented them. County counsel reiterated that the board—s prior action had been carried out and recorded and cautioned that a successful reconsideration that led to a reversal could create title and closing issues for purchasers.

After discussion, the reconsideration motion failed on a 3–2 vote. The chair recorded that Commissioners Probst and Newcomb voted in the affirmative; the other commissioners opposed the motion.

The board directed staff to compile a clearer staff report and historical record for the issue, including copies of the 2021 emails and any town communications related to the mitigation rules, and to return with that information for possible policy-level discussion at a later date.

Clarifying details: the item involved five deed restrictions tied to the Hoback Club mitigation requirement; staff said the deed restrictions and the plat had been recorded and closings were underway. Planning staff referenced an email dated Feb. 19, 2021 from Hamilton Smith noting options for the applicant to either proceed and later request an administrative minor deviation or delay to submit a revised mitigation plan.

Ending: Commissioners split on the policy questions and on whether to use a reconsideration vote as the vehicle for a deeper forensic review. Staff will prepare a more detailed report and timeline for follow-up discussion; no deed restrictions were reversed.