Controversial Henry’s Lake Flats development given green light by Fremont County Commissioners

ISLAND PARK, Idaho (KIFI) – The controversial Caldera Flats subdivision proposal to develop 32 lots on 160 acres of Henry’s Lake Flats in Island Park received approval Monday from the Fremont County Commissioners.

The project, owned by Doug and Kevin Button's DK Land LLC in Dillon, Montana, has evoked intense opposition from local residents concerned about the impact on wildlife habitat and environmentally-sensitive land in the Island Park caldera.

But two commissioners stated the owner’s property rights must still be respected – regardless of community opposition.

“People don’t want to see change or development in that area, but people own property and have property rights,” Commissioner Rick Hill said, according to preliminary minutes.  “…You can’t stop development just because don’t want it. There has to be something in the Development Code to restrict it.”

“Nobody wants that place developed,” Commissioner Mark Chandler said.

But he agreed people can’t dictate to others what to do with their property.

“They don’t have skin in the game,” Chandler said. “... It’s the American dream to get property and do what you will with it.”

Ultimately, Commissioners Rick Hill and Mark Chandler voted to advance the project on Monday.

Commissioner Blair Dance voted against it, stating he believed the decision should be sent back to Planning and Zoning for more review. 

Dance voiced that he “understands concerns about the Flats being developed. Any development out there, if it is approved, has to be done right in order to set the standards for any future development.”

About 500 residents packed previous Fremont County Planning and Zoning meetings – most in opposition to the project, according to the committee's former Chairwoman Loy Schroeder.

PRIOR COVERAGE | Island Park Planning and Zoning Commission Denies Controversial Henry's Lake Flats Rezoning Request

The County Commissioners’ hearing for the Island Park Caldera project developers’ appeal was held on May 20.

In preliminary minutes obtained by Local News 8, Commissioner Hill said, “It’s not an easy decision. The bottom line that the Commissioners need to consider is whether or not the application meets the standards and requirements of our Fremont County Development Code.”

He clarified that the developers applied for a Class II permit, and the application was “complete.”

Open space would be maintained on 69.7 percent of the land. Sensitive wetland areas would be set back by a 100-foot buffer.

But Davis also raised concerns from the development's neighbor about irrigating on adjacent agricultural land. He also some agency letters – including one from the Idaho Department of Environmental Quality – were not included in the packet.

Hill remarked that the necessary permits were included, and wildlife corridors and wetlands were properly addressed.

“They have a sketch plan, a site plan, contact map. Subdivisions are allowed within the Rural Base Zone with a Class II permit, open space,” Hill said. “They had a public hearing. They’ll have connection to a central wastewater treatment facility. They won’t have fencing, so wildlife won’t be restricted.”

Hill said “the application meets the performance standards for subdivisions in this zone.”

The decision comes after the Island Park Planning and Zoning Commission had rejected a request from Burtenshaw Land and Cattle to rezone the parcel in the Henry's Lake Flats along the east side of U.S. Highway 20, Local News 8 reported previously.

The history of annexation and rezoning attempts on this land to allow higher-density residential development dates back to 2015.

The controversy is far from over.

Some Island Parks posted on social media they are considering a lawsuit to delay or block the project.