JACKSON, Wyo. — The Teton County Board of County Commissioners met yesterday morning to discuss the Conditional Use Permit (CUP) to convert Legacy Lodge, a former assisted living facility now owned by Stage Stop Inc., into apartments for the local workforce.
The board ultimately voted 4-1, to approve the many times revised CUP along with 15 conditions, which is now contingent on an ongoing legal battle. Commissioner Mark Newcomb was the lone nay.
“Just briefly, I still have it in my heart that half of the building could be used for a senior assisted living facility,” Newcomb said. “My true angst is over the loss of a facility that was built for assisted living.”
A group of homeowners is currently suing the county for amending the property as a planned unit development (PUD), which allows for apartments as the principal use, just on this lot within Rafter J. Approval of the PUD was required before the CUP could be issued.
Condition 14 of the CUP states, “this Conditional Use Permit shall not be issued until the current legal action regarding the decision of PUD2021-0001, Brazinski et al v. Teton County, is fully and finally resolved beyond all applicable appeal periods. Submittal and issuance of the required building permits may still proceed in the interim.”
Historically, building permits are not issued prior to a CUP being issued but the Board supported the opportunity for the owner to begin converting the units into apartments, outfitted with full kitchens.
“If our goal ultimately is to provide housing units, it would be my goal, our goal, to get the units in shape as soon as possible. If the court and legal standing changes the fault only falls on the applicant,” Commissioner Mark Barron said during the meeting.
The CUP came before the board first on May 3 and was continued to a May 17 meeting. At that meeting, the board voted 2-2 to approve the application. Chair Natalia Macker was on maternity leave at the time. Then on May 23, Commissioner Luther Propst moved a motion to reconsider the CUP at their Sept. 20 meeting, “with my understanding that the applicant will use this time to make an effort to resolve issues with the neighbors to further mitigate the impacts of the proposed CUP.”
The item was continued two more times before being approved yesterday.
The hours-long discussion unpacked each condition for the 57-unit building, comprised of studios, one-bedrooms and two-bedrooms units. The maximum occupancy for the building is 99 individuals.
All of the units will be restricted to Teton County employees and 50% of the occupied units will be restricted to members of the workforce that are “community service providers” which is defined in the CUP as “employees or members of an organization that has a position on the Critical Service Providers list as approved by the Jackson/Teton County Affordable Housing Department” or “an employee of Teton County School District #1 or a private school in Teton County” or “an employee of a Wyoming state-licensed child-care, adult care provider, or the Senior Center of Jackson Hole” or “an employee of a licensed medical provider.”
A large portion of the discussion centered on the “Community Service providers” list. Chair Natalia Macker, although supportive of the list and the CUP said, “we are placing value on certain jobs and certain individuals who occupy those jobs.”
The owner will manage the property entirely rather than the Jackson/Teton County Affordable Housing Department but the leases and master leases will be reviewed by the Housing Department. The owner is also required to submit annual reports to the Teton County Planning Director. Stage Stop Inc. must also submit a Transportation Demand Management Plan to the board for approval. Additional parking spaces, a pathway crossing improvement plan and bicycle parking/storage is also required.
The final condition, #15 states that, “if any condition is found to be invalid by a Court of competent jurisdiction, the entire Conditional Use Permit shall be brought back before the Board of County Commissioners for review.”
The motion moved by the Board yesterday, approving the CUP based on the 15 conditions is available below.
