Planning council approves Peppergrass Pointe lot reconfiguration, requires utility easement approvals

The Bannock County Planning and Development Council approved a consent plan for the Peppergrass Pointe subdivision, a reconfiguration of three platted lots in the Wildhorse Ridge subdivision into two larger parcels, after staff and applicant discussion and a unanimous 5-0 roll call vote.

The proposal would combine portions of lots 17, 18 and 19 in Wildhorse Ridge Phase 4 to produce two larger parcels — shown on the concept plan as approximately 4.71 acres and 7.05 acres — with private septic systems and shared wells retaining existing water access. The council adopted three conditions requiring utility-company approvals and clearer easement depiction on subsequent plats.

Subdivision planner Steph Foster told the council staff recommended a small set of conditions tied to easement vacatur and documentation. Foster recommended adding a citation to Idaho code during the preliminary-plat review, saying, “I would also recommend adding at the end of that sentence for Idaho code 50 dash 1306 a.” That statute governs procedures for vacating easements. Foster confirmed existing easements would remain unless formally vacated and that vacatur would be documented on the preliminary plat.

Applicant Jose Nava, who identified his address on the record, told the council the owners believe there are currently no utilities using the easements at issue. “I just wanted to add that there’s no, according to the owners, there’s no current utilities along those easements,” Nava said, and staff explained the council would require written letters from utility companies before easements could be removed.

The council’s conditions require (1) written approval from all utility companies at preliminary-plat submittal for removal or adjustment of existing utility easements (to comply with Idaho Code 50-1306(a)); (2) depiction of all current and proposed easements and rights of way on the preliminary plat (including measurements and instrument numbers when available); and (3) at final plat, documentation that power has been extended to the corner of each lot.

Council members discussed that the change reduces the number of lots rather than increasing density, and that CC&Rs are civil matters not enforceable by the county; staff confirmed the county’s review is limited to platting, easements and ordinance compliance. The motion to approve the consent plan carried on a roll-call vote recorded as five yes, zero no.

The council chair noted the planning council’s decisions may be appealed to the Bannock County commissioners within 10 days of the decision, and the planning office provided guidance on the items required for the preliminary plat under the council’s conditions.

The approved concept now moves to the preliminary-plat stage, where the applicant must submit the written utility approvals and updated plat detail called for in the council’s conditions.