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Planning commission backs New Life Church two‑lot subdivision and narrow covenant variance
Summary
The commission recommended approval of New Life Church's SD-02-25 two-lot subdivision at 32296 Highway 30 and approved a variance that would waive covenant requirements because staff found no shared facilities; commissioners discussed fencing, Game and Fish recommendations and construction-phase sediment controls.
The Albany County Planning and Zoning Commission on Feb. 12 recommended that the Board of County Commissioners approve New Life Church’s preliminary and final plat (SD-02-25) and also recommended approval of a narrow variance from the subdivision covenants requirement (Chapter 5, section 2(b)(4)).
Staff told the commission the 31.5-acre parcel is suitable for a two‑lot minor subdivision under Ranchette zoning. Proposed infrastructure relies on individual wells for water and individual small wastewater systems for sewer; one lot already has an approved wastewater system and the other would require a new system. The county engineer reviewed storm drainage and raised comments that staff said had been addressed.
Staff recommended the variance from the covenant/binding-entity requirement because the proposed subdivision contains no shared roads, facilities or common areas that would require covenants. Commissioners asked whether the existing perimeter fence met wildlife‑friendly guidance and whether Game and Fish recommendations about fencing and river/stream protection should be incorporated in construction-phase mitigation. The applicant's representative said the property already has a perimeter fence and that wildlife-friendly design guidance had been considered in prior work on the parcel.
"33 acres is a lot of property for church and we'd love to see that property go to good use," the applicant's representative said, noting the church does not expect to need the full acreage. Commissioners asked whether fence maintenance arrangements should be recorded; staff noted statutory defaults can govern adjoining owners’ maintenance responsibilities and that no common fence requiring covenants exists between the two proposed lots.
The commission approved a motion recommending the variance and then approved the motion recommending the Board accept the New Life subdivision application, adopting staff analysis, findings of fact and conclusions of law.
What happens next: the Planning Commission’s recommendation will be forwarded to the Board of County Commissioners for final action; staff will relay Game and Fish comments and appropriate construction-phase erosion controls to the applicant.
