County upholds subdivision approval; new Henrys Lake Flats Coalition plans challenge
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ISLAND PARK — The newly formed Henrys Lake Flats Coalition is gearing up for a legal battle over Fremont County’s approval of a controversial subdivision near Henrys Lake following a decision by county commissioners Tuesday.
EastIdahoNews.com confirmed that Fremont County commissioners approved formal findings and conclusions Tuesday denying a request to reconsider their earlier approval of the proposed Caldera Flats subdivision.
The Fremont County Planning and Zoning Commission previously denied the subdivision application, determining that it did not adequately protect agricultural land, wetlands and wildlife and was inconsistent with several policies in the county’s comprehensive plan.
However, in July, the Fremont County Commission voted 2-1 to overturn the Planning and Zoning Commission’s denial of the proposed 32-lot Caldera Flats subdivision by Doug and Kevin Button of DK Land LLC. Commissioners Rick Hill and Mark Chandler voted to grant the developers’ appeal, while Commissioner Blair Dance opposed it.
Tuesday’s decision leaves the county’s July approval in place.
RELATED: Commissioners approve controversial subdivision in Henry’s Lake Flats
The decision prompted the coalition to seek judicial review in Idaho’s Seventh District Court.
The proposed development, submitted by DK Button/Caldera Flats, calls for a 32-lot subdivision on approximately 160 acres east of U.S. Highway 20, about two-thirds of a mile north of North Big Springs Loop. The application is described as the first of at least two phases of development.
The coalition says the property includes sensitive wetlands and important wildlife habitat and serves as a corridor for wildlife movement.
However, county commissioners overturned that decision and approved the development.
Coalition spokesperson Jean Bjerke maintains that the county Planning and Zoning Commission denied the proposed development because of numerous compliance issues.
Fremont County Commissioner Blair Dance told EastIdahoNews.com that county officials would not comment further on Tuesday’s decision because additional issues involving the subdivision application may arise, making further comment inappropriate at this time.
A community effort to protect the Flats
The Henrys Lake Flats Coalition was formed in August by local residents concerned about preserving the area’s natural beauty, wildlife habitat and open spaces.
The coalition’s board members are Teri Ehresman, Jean Bjerke and Leanne Yancey.
In a statement, the coalition said it believes the Planning and Zoning Commission made the right decision when it originally denied the subdivision application.
“Certain areas like the Henrys Lake Flats are especially vulnerable to damage by development,” Bjerke said. “The Development Code advises minimizing impacts to wildlife, fish and habitat in these areas. This project in such a sensitive wetland does the opposite.”
Bjerke also expressed concern about potential future development, noting that the landowner has already indicated in proposals to the county that he wants to develop an adjacent parcel.
“This magnifies my concern about all of the issues around the loss of wildlife and habitat,” she said.
The coalition’s board unanimously agreed to hire an attorney to pursue judicial review, a legal process that allows a judge to examine whether a government decision complied with applicable laws and procedures.
“We hope a Judicial Review of the County Commissioners’ action to overturn this decision will require public officials to follow the County Comprehensive Plan and Development Code. We would like the public to understand that we do not oppose development in general,” Bjerke said.
According to the coalition, it has 28 days to file its petition in Idaho’s Seventh District Court.
How the public can help
The coalition is seeking financial support from community members to help fund its legal challenge.
Those wishing to contribute can send a check payable to HLFC to P.O. Box 309, Chester, ID 83421, or drop off a check at any Citizens Community Bank location.
Online donations can also be made through the “Donate Now” link on the coalition’s website at: Henrys Lake Flats Coalition
The organization, which is seeking federal nonprofit status, says its mission is to preserve and protect Henrys Lake Flats, including its wildlife, natural resources and open spaces.
Although wetlands cover less than 1% of Idaho’s land area, more than 75% of the state’s species depend on wetland habitats at some point in their lives, according to the University of Idaho’s Water Resources Research Institute.
“This location is sizable and extensively used by elk, moose, mule deer, pronghorn, grizzly bears and black bears, as well as many other species,” Bjerke said. “This wildlife is a special treasure of Island Park. Some losses have no price tag. This is a case in which what is lost will be gone forever.”