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Council approves Shaw Hollow Estates preliminary plat with conditions

Bannock County Planning and Development Council · April 15, 2026
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Summary

The Bannock County Planning and Development Council approved the Shaw Hollow Estates preliminary plat (division of ~10 acres into two building lots plus an open‑space lot) with conditions including removing a proposed 30‑ft access easement from the open space and clarifying CC&R ownership and maintenance responsibilities.

The Bannock County Planning and Development Council voted to approve the preliminary plat for Shaw Hollow Estates, subject to conditions intended to preserve open space and clarify access and maintenance responsibilities.

Applicant J. Roach described adjustments made since the concept plan, including a 20‑foot easement through a creek bottom for irrigation and modifications to lot sizes to account for slopes. Roach said he met neighbors and marked an easement to meet concerns about access: “I personally met with Dave Morrison and Michelle Hunter... and they both are aware of where they’re at,” he said.

Staff and council discussed steep‑slope mapping, floodplain analysis and CC&R wording. Staff noted a potentially ambiguous CC&R clause that could be read to require lot one to remain tied to the open‑space lot; the applicant clarified the intent is for lot one to have sole responsibility and for lot three to be deeded or recorded so it remains restricted from development but may be farmed.

To meet ordinance requirements, the council required removal of a proposed 30‑foot access easement from the open‑space lot (lot three) because open space cannot contain an access easement that would require development. Other conditions required noting steep‑slope lots with an R designation and retaining storm‑water drainage on each lot per county ordinance. With those conditions, the council approved the preliminary plat by roll call.

What happens next: The applicant must record the final plat within the extended timeframe and ensure the CC&Rs and plat notes reflect the council’s conditions. Staff will verify that the 30‑ft access easement is removed and that lot three remains restricted from further development.