Conditions for Northern South Park Master Site Plan Approval
On May 6, the Teton County Commission will review and may vote on the proposed Master Site Plan for Northern South Park (NSP). In preparation, I’ve drafted 11 proposed conditions to help ensure NSP provides meaningful, deed-restricted affordable and workforce housing.
These conditions build on the strong work of the County Planning Commission, Planning Department, and community members who have shared thoughtful input. I welcome your feedback—please email me at lpropst@tetoncounty.gov.
~Luther
SUGGESTED MOTION
I move to APPROVE MSC2024-0037, submitted October 30, 2024, and updated January 17, 2025, and February 14, 2025, for the Northern South Park Overlay Area 1 Master Site Plan, with the following conditions:
The Board of County Commissioners shall make a finding that the following 11 conditions have been satisfied before the density bonus established by the Northern South Park (NSP) Land Development Regulations (LDRs) is entitled, vested, transferred or in any other way bestowed upon the applicant.
Condition 1. NSP Transportation Plan
Within six months of master site plan approval, and as a condition precedent to entitling the density bonus identified in the Northern South Park LDR, the county engineer, planning department, and transportation administrator shall submit a draft transportation plan to the Teton County Board of County Commissioners (BoCC) for the board’s approval, approval with conditions, or denial.
At a minimum, this plan shall propose establishment of an impact fee for funding the developer’s proportionate share of roadway improvements needed to serve the development. At a minimum, the transportation plan shall also include a traffic impact analysis and congestion mitigation plan with the following elements:
Project future traffic including the currently platted Porter Ranch Subdivision, Plat Number ____, in the southwest corner of NSP.
Identify the upgrades and expansions to the road and pathway network, both on-site and off-site, required to prevent degradation of traffic conditions by the projected increase in traffic due to this master site plan.
Identify the triggers that initiate the planning and subsequent construction of the upgrades and expansions off-site.
Identify the parties responsible for funding the upgrades and expansions and provide assurances that responsible parties will fund necessary upgrades and expansions in a timely manner satisfactory to the county attorney.
Teton County shall fund no more than the cost of roadway improvements needed to serve existing or projected background traffic deficiencies and shall not provide funds to mitigate the impact of traffic deficiencies generated by new development in NSP.
Condition 2. East-West Connector
As a condition precedent to entitling the density bonus identified in the Northern South Park LDR, the applicant shall provide an easement of the proposed East-West Connector for Areas 1 and 2, as envisioned in the NSP neighborhood plan. This East-West Connector shall ensure access from the site plan area to U.S. Highway 89. The easement is to be presented to the Board of County Commissioners for approval, approval with conditions, or denial.
Condition 3. Parks Exaction Plan
As a condition precedent to entitling the density bonus identified in the Northern South Park LDR, the applicant shall submit a parks plan to the Parks & Recreation Department for the P&R director’s review and recommendation to the BoCC. The BoCC shall then review and either approve, approve with conditions, or deny the parks plans. At a minimum, the park exaction plan shall comply with LDR Section 7.5.2, Park Exactions.
Condition 4. Schools Site Plan
As a condition precedent to entitling the density bonus identified in the Northern South Park LDR, the applicant shall submit a rendering of a school exaction site to the Teton County School Board and the planning department for review and recommendation to the BoCC. The BoCC shall then review and either approve, approve with conditions, or deny the school exaction site. At a minimum, the school site shall comply with LDR Section 7.5.3. and ensure that the site is adequate for construction of an elementary school as approved by the Teton County School Board with a combination of school exaction land, dual use of parks exaction land, and/or the option to purchase land to complete a school site that complies with state requirements.
Condition 5. Submissions are Binding
As a condition precedent to entitling the density bonus identified in the Northern South Park LDR, all references in the Master Site Plan to the application materials being non-binding shall be removed; provided, however, that renderings and drawings of buildings may be conceptual, speculative and non-binding.
Condition 6. Wildlife Permeability
Consistent with LDR Section 4.5.2.L.3. Open Space Requirements, future Development Plans shall demonstrate wildlife permeability through the design of open space as well as permeability between housing units (e.g., continuity between unfenced backyards). A practicing wildlife biologist shall submit the proposed open space location and design to the BoCC for approval, approval with conditions, or denial.
Condition 7. Housing Mix
A minimum of 40%, and up to 70% of all housing units shall be deed-restricted affordable units, and a maximum of 30% of all housing units shall be deed-restricted workforce housing, provided, however, that under no circumstance shall the combination of affordable and workforce housing units be less than 70% of all housing units . This requirement shall apply whether the BoCC approves the construction method or land conveyance method outlined in the NSP LDRs, LDR Section 4.5.2.F.2.c, Methods for Providing Affordable and Workforce Housing.
Condition 8. Housing Concurrency
Regardless of the method that the BoCC selects for providing affordable and workforce housing, no more than 66% of the free-market housing shall receive building permits until at least 66% of the affordable housing receives building permits.
Condition 9. Minimum Acreage to be Conveyed for Deed-Restricted Housing
As a condition precedent to entitling the density bonus identified in the Northern South Park LDR, if the BoCC selects the conveyance method described in the NSP LDRs, the developer shall convey a minimum of 45 acres for deed-restricted housing. The use of this 45 acre conveyance shall be limited to deed restricted housing, and necessary parking and driveways. If the BoCC adopts the conveyance method described in the LDRs, the county, the developer, and involved non-profit housing partners shall enter into a contract approved by the BoCC that ensures that the developer conveys additional land to the housing partners if the housing partners build deed-restricted housing at a density below that required to meet the 40/30/30 ratio envisioned at (insert citation) of the NSP LDRs.
Condition 10. Assurances for Timely Delivery of Deed-Restricted Housing
The developer shall submit a housing plan for deed-restricted housing to the affordable housing and planning departments for their review and recommendation, and then to the BoCC for approval, approval with conditions, or denial. The housing plan for deed-restricted housing shall contain, at minimum, the following information:
Proposed method for providing the deed restricted housing (e.g. construction, land conveyance, a combination of the two).
Identification of the parties responsible for producing the deed restricted housing and the number and type of units for which each entity is responsible, noting that the mix of unit types may change in the future to match evolving community needs, provided the changes maintain compliance with the Northern South Park LDR. Proposed changes to the mix of unit types shall be submitted to the Affordable Housing and Planning Departments for their review and verification that compliance is maintained.
Evidence of the capacity of the responsible parties to produce the deed restricted housing according to the proposed timeline.
Assurance that the number of deed restricted housing units identified in the NSP LDR will be provided even if the method above is land conveyance to third parties or a combination method.
On a block-by-block basis, finance-backed assurance of the capacity of the responsible parties to produce the deed restricted housing.
Assurance that no county funds shall be used to meet the requirement for delivery of deed-restricted housing or associated infrastructure.
Assurance of required concurrency between the timing of the delivery of the deed restricted housing and that of unrestricted housing in order to ensure the deed restricted housing will be delivered on schedule.
If non-profit housing partners are involved, the fundraising plan and timeline.
Condition 11. Assurances That Community is Guaranteed A Minimum of Deed-Restricted Housing Units Under Any Build-Out Scenario for Market Housing.
As a condition precedent to entitling the density bonus identified in the Northern South Park LDR, the developer (and its non-profit housing partners if applicable) and the county shall enter into a contract ensuring that the 40/30/30 percentage ratio of affordable, workforce, and market housing described in LDR Section 4.5.2.F.2.a shall fully apply without regard to the number of market housing units the developer delivers, specifically if the developer builds market housing at 50% or less of the maximum permitted density.
Explanatory Note – Not Part of Motion
The conveyance method outlined in the LDRs would allow up to 50% of the market rate units to receive Development Plan approval before triggering the requirement for deed-restricted units. As Chris Neubecker explains it for Area 1 in a March 17, 2025 email to Charley Sutherland, this is 50% of a maximum of 180 market units (50% x 180 = 90 units). Once this Development Plan approval threshold is met, there would need to be at least 18 building permits issued (20% of 90) for affordable housing units before the county would approve any other Development Plans. The 20% is based on the number of market rate units approved in the Development Plan. This requirement applies if the Land Conveyance method is used to meet the Affordable and Workforce housing obligation (which is proposed in Area 1).
The LDRs for NSP create a scenario that is not unlikely given the market for luxury housing on various lot sizes, the cost of infrastructure, and the potentially implausible level of permitted density that the county commission approved when approving the LDRs for NSP. That scenario is that the developer builds luxury housing at a density below the 50% total building envisioned in LDRs. In this case, the conveyance method requires the non-profit housing developers to either build no more than 18 affordable units or no deed-restricted units.