Albany County planning panel recommends denying Bingham zoning amendment amid floodplain and density concerns

The Albany County Planning Commission on Dec. 10 recommended denial of Zoning District Amendment ZDA 10-25, an application from Brett Bingham to rezone a parcel off 2 Rivers Road, after extended questioning about soils, flood risk and how the proposed density would fit surrounding development.

Planning staff summarized the application and recommended approval, saying in the staff report that "the staff recommendation is to approve the Bingham Zoning district amendment ZDA 10-25, adopting and incorporating the staff analysis findings of fact and conclusions of law as each are stated in staff report." Staff also noted reviews from the Laramie River Conservation District (soils and flood concerns) and Game and Fish (wildlife‑friendly fencing and well/septic considerations).

Commissioners focused on several technical and policy points in their deliberations. Commissioner Vern questioned whether staff had updated an older economic-impact study that, he said, had concluded some rural subdivisions "do not... increase tax revenues for the county. They're a net loss," and argued the staff report should make clearer the parcel’s Priority Growth Area (PGA) designation, noting most of the parcel falls in PGA 4 but a sliver lies in PGA 3.

Commissioners and staff also discussed the Conservation District's soils memo, which staff read as stating roughly 70% of the property contains soil units described as prone to frequent flooding. Staff emphasized that floodplain and wastewater suitability issues are typically addressed at the subdivision stage through floodplain development review and DEQ septic review, while commissioners said they expected some of those risks to be addressed at the zoning stage as part of findings required by Albany County zoning resolution chapter 3 section 5 (C6).

Applicant Brett Bingham told the commission he grew up on 2 Rivers Road and that his dwelling is on higher ground. He said he was planning a lower-build scenario than the maximum cited in staff materials: "I'm thinking more of 5 to 9 acre lots...10 to 15 dwellings is what I'm looking to do out there," and that he had consulted hydrogeologists and engineers on potential layouts.

A neighbor and family member, Paul Bingham, testified during public comment that the majority of the parcel "was not affected" by the June 2010 flood and that the buildable bench above the river remained dry during that event.

After discussion, Commissioner Vern moved that the planning commission recommend denial to the Board of County Commissioners on the grounds the applicant had not demonstrated that the amendment meets the findings required in chapter 3 section 5 (c) and that the proposal was not compatible with surrounding properties and the comp plan's directions. The motion was seconded and the commission voted to recommend denial; the commission chair said the recommendation will be considered by the Board of County Commissioners at a later hearing.

The commission’s recommendation is advisory; the Board of County Commissioners will make the final decision. The planning staff record and review letters (Conservation District, Game and Fish) are incorporated by reference in the staff report, and commissioners asked staff to clarify PGA mapping and any updated fiscal or flood documentation before the county-level hearing.