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Planning commission recommends denial of Swan Creek rezoning over slope, wildlife and traffic concerns

5418280 · July 16, 2025
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Summary

The Town of Jackson Planning Commission on July 16 recommended denial of zoning map amendment P25‑075, requested by Swan Creek LLC to rezone the lower portion of parcel 22411632300025 from rural residential to Commercial Residential 3 (CR3).

The Town of Jackson Planning Commission on July 16 recommended denial of zoning map amendment P25-075, a request by Swan Creek LLC (represented by agent Megan Nelms of Y2 Consultants) to rezone the lower portion of parcel ID 22411632300025 from Rural Residential (VR) to Commercial Residential 3 (CR3). The motion to recommend denial carried unanimously.

The recommendation follows a staff report by Andrew Bowen, planning staff, which concluded the commission could not make all required findings under the town’s Land Development Regulations (LDR), including LDR section 8.7.3.6 and related policies. Bowen told the commission the parcel—approximately 28.83 acres annexed in February 2014—contains extensive steep slopes, mapped landslide susceptibility and features created by historic mining activity that complicate higher‑intensity development.

Staff said the town must evaluate all uses allowed by right in CR3 when deciding a rezoning and cited four comprehensive‑plan policies relevant to the review: policy 3.1a (no net increase in overall development potential without offsets) and environmental policies 3.4b–d (protect against avalanches/landslides, prohibit development on steep slopes, and limit development on poor soils). Bowen noted the town’s slope mapping and a recent Wyoming Geological Survey landslide susceptibility product that classifies the lower half of the parcel with the highest susceptibility rating. He also reported referrals: Colin Gerard (CBSD) raised slope‑stability concerns, and Tanya Anderson, the town’s ecosystem stewardship administrator, flagged the site as a mule deer vehicle‑collision hotspot and said mule deer crucial winter range overlaps much of the property.

The applicant, Megan Nelms of Y2, said the request would rezone only the lower strip adjacent to U.S. Highway 89 and South Park Loop (she and the owner characterized the proposal as infill that connects to existing infrastructure). Nelms argued a rezoning is not a development approval and that a later development plan review would be the time to evaluate geotechnical mitigation and wildlife protections. Property owner Michael Allen said the lot’s current legacy designation dates to 1994 and that the 1994 map may have misclassified the parcel; he said the proposed rezoning strip is about 152.5 feet wide.

An adjoining property owner submitted written comments opposing the rezoning, citing site instability and past failures tied to gravel mining on the site, increased traffic at the South Park Loop/Gregory Lane intersection, and the predominance of rural zoning on neighboring properties. No public speakers appeared at the hearing.

Commission discussion repeatedly referenced the comp‑plan policies and staff’s slope and wildlife findings. Commissioners said they were sympathetic to locating development in the town core but concluded that this particular parcel’s steep natural slopes, landslide susceptibility and wildlife and access issues weighed against an up‑zoning without further mitigation or a plan to offset additional development potential elsewhere in town.

The commission’s motion reads: “I move to recommend denial of zoning map amendment P25‑075, parcel ID 22411632300025, based upon not being able to make all required findings under LDR section 8.7.3.6 and subject to departmental reviews in the staff report dated 07/16/2025.” The motion was seconded and passed; the record shows a unanimous “aye” vote by commissioners present.

What happens next: The Planning Commission’s recommendation will be forwarded to Town Council for final action on the zoning map amendment. Town staff and the applicant noted that rezoning and a later development plan are separate processes; the applicant indicated it may pursue mitigation at the development stage if the rezoning were to move forward.

Details and context: The parcel is identified in the staff packet as the former “Simon Pit,” mined for highway fill in the 1960s–1980s, with reclamation beginning in 1997. Bowen and the packet emphasize that CR3 allows a broad range of higher‑density uses that must be considered as allowable by right when rezoning, and staff said the applicant did not propose any offset to overall development potential required by policy 3.1a.

Votes at a glance - P25‑075 (Swan Creek LLC) — Recommend denial of zoning map amendment to rezone a lower portion of parcel ID 22411632300025 from VR to CR3. Motion to recommend denial: moved (unnamed commissioner), seconded (unnamed commissioner); unanimous “aye.”

Speakers quoted or on record in this item include Andrew Bowen (planning staff), Megan Nelms (agent, Y2 Consultants for Swan Creek LLC), Michael Allen (managing member, Swan Creek LLC), Tanya Anderson (town ecosystem stewardship administrator) and Colin Gerard (CBSD referral). Written public comment: one adjoining property owner raising stability, erosion and traffic concerns.

Ending: The Planning Commission framed its recommendation around the town’s slope, landslide and wildlife mapping and comp‑plan policies; the council will receive the recommendation as part of the formal zoning amendment process and may accept, modify or overturn the commission’s recommendation when it considers the item at a future meeting.