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HomeMy WebLinkAbout203 MS 22 PacketLINCOLN COUNTY PLANNING & ZONING COMMISSION STAFF REPORT Minor Subdivision Preliminary Plat Application HEARING TIME AND DATE: 6:00 p.m., May 25, 2022 LOCATION:Lincoln County Courthouse, Commissioner Boardroom 3rd Floor, Kemmerer, Wyoming & Afton Planning & Engineering Office, 61 E. 5th Ave., Afton, Wyoming FILE # 203 MS 22 APPLICANTS:Sean and Alexa Harper PROJECT NAME:Buffalo H Ranch – Preliminary Plat COMMUNITY PLAN AREA:Etna ZONING:Rural SURVEYOR:Surveyor Scherbel, Ltd. PLANNER:Emmett Mavy _____________________________________________________________________________________ PROPOSAL:A Minor Subdivision Preliminary Plat application proposal to subdivide 40 +/- acres into Five (5) residential lots, with an average lot size of 8.00 +/- acres, in the Rural Zone. The lots will share a private subdivision road off County Road No. 110. Each lot will have individual wells and individual septic systems. LOCATION:3.7 miles northwest of the Town of Star Valley Ranch, Wyoming in Section 35, Township 36 North, Range 119 West. _____________________________________________________________________________________ EXHIBITS: 1.Preliminary Plat 2.Vicinity Map 3.Draft Development Agreement 4.Agency Correspondence _____________________________________________________________________________________ PLANNING STAFF RECOMMENDATION: Planning staff recommends that the Planning and Zoning Commission send a recommendation of APPROVAL to the Board of County Commissioners for File # 203 MS 22 a Minor Subdivision Preliminary Plat, with: ●Findings A. thru C. ●Conditions of Approval 1. thru 5. ●Authorization for the Board Chairman to sign the Development Agreement 203 MS 22 PZC FINDINGS: A.The proposed subdivision, with conditions, is consistent with the provisions W.S. 18-5-301 through W.S. 18-5-315. B.The proposed subdivision is consistent with goals and objectives of the Lincoln County Comprehensive Plan, including Section IV Land Use Objective 1. Create Land Use Regulations that promote the responsible and orderly development of Lincoln County. C.The proposed subdivision, with conditions, is consistent with the standards and procedures of these Lincoln County Land Use Regulations, including: a.Residential density standards and subdivision improvement standards for the Rural Zone. CONDITIONS OF APPROVAL: 1.Significant alteration of the project shall require additional permitting. 2.A Weed Control Plan shall be developed in conjunction with Lincoln County Weed & Pest. 3.Developer and County shall enter into a Development Agreement to: a.Ensure installation of subdivision improvements and preparation of documents, including: i.Construct approved subdivision road with the minimum: 1.26’ width travel lane 2.70’ radius cul-de-sac (120’ travel lane) ii.Install electrical power and communication lines; iii.Submittal of Water Distribution Plan to the State Engineer’s Office; iv.Survey monumentation; and v.Development of either,a HOA, CCRs, Road Maintenance Agreement, Special Improvement District, or Mutual Benefit Corporations that at a minimum: 1.Provide an entity for ongoing road maintenance including the collection of road maintenance fees; 2.Provide an entity for ongoing snow removal including the collection of snow removal fees; 3.Ensure road maintenance and snow removal are maintained indefinitely; 4.The chosen document must be filed at the time of final plat filing, and bind all current and future owners to the agreement. 4.Prior to Final Plat Application the improvements shall be installed and inspected by County personnel. a.Provide for final plat approval upon satisfaction of Development Agreement terms; b.Developer Agreement shall be signed by all parties and filed with the Lincoln County Clerk’s Office no later than 60 days after approval of the Preliminary Plat or the application and approval shall be voided. 5.Create a 60’easement on the Plat from the end of the cul de sac to Stockman Road for future connectivity. AGENCY CORRESPONDENCE: 203 MS 22 PZC Lincoln County Weed & Pest:Lincoln County Weed & Pest recommended Harper's request for a review in the spring when the snow had melted off their property. At which time Weed and Pest would review the proposed subdivision and evaluate the noxious weeds in the area. Star Valley Conservation District:No report was received;60 days have passed. State Engineer's Office:No correspondence has been received, but the State Engineer's Office is generally NOT SUPPORTIVE of granting the proposal before the water rights have been finalized. The S.E.O. is still awaiting the documentation for the distribution of water rights for the proposed subdivision. This issue is addressed by the Development Agreement and the Final Plat will not be ready for approval until that requirement is fulfilled. 203 MS 22 PZC 33 20 212219 23 343231 24 36333534 2128 263031 09 32 20 1107 05 35 23 06 04 19 02 28 18 29 10 33 27 08 21 34 0204 36 21 12 2534 1009 11 33 16 2635 03 28 2422 27 23 01 36N 119W 36N 118W 35N 118W35N 119W ³±107 ³±110Corral Canyon Lane Stockman Road HINMAN, JEFFERY STRUSTEE HENDERSON, SCOTT & LOU ANN JONES LIVING TRUST & CROOK LIVING TRUST STATE OF WYOMING AUSER, RICHARDT & DIANE D, TRUSTEES WARD,MIKE L HARPER, SEAN M & ALEXA C JONES, RON & JOANN TRUSTEES HENDERSON, SCOTT W & LOU ANN HOLLEY, BRAD J CAREY,WILLIAM & LORI DECKER, KEVINR & ALLYSON RINEHART AUSER, RICHARD T& DIANE D CASTILLO, EVODIO GARVIN, DAVID A & KAREN R COUNTY ROADWALTERS, ROY D & CATHERINE M VARCOE,BETSY A & QUINCY J PORZIO COUNTY ROAD NORDIC RANCHES RENTAL, LLC PARRY STEVENR TRUSTEE SCHRADER, MICHAEL E& CINDY J CRABBS, SCOTT ETAL RIMINI, ROBERT R JR& MELINDA M GARVIN, DAVID A & KAREN R ROGERS, SHANNON M VOGEL,MICHAEL J & LYNN A GALLES, STEVEN & DONNA SONDGEROTH, SHELIA R& JAMES A SONDGEROTH,CLAY CRABBS, SCOTT LEWIS, CHARLES L & AMANDA J CRABBS,SCOTT ETAL CRABBS, SCOTT ETAL CRABBS, SCOTT ETAL CRABBS,SCOTT ETAL Maxar, Microsoft Minor Subdivision Application Projects Buffer_203MS22 US Highways WY Highways Township & Range Sections Municipalities File No 203 MS 22 Buffalo H Ranch Subdivision Sean & Alexa Harper Prepared using available data by Destry Dearden, GISP on 22 April 2022. Map is for informational purposes only and in no way represents an official survey of land. DEVELOPMENT AGREEMENT FOR Buffalo H Ranch FILE NO. #203 MS 22 THIS AGREEMENT is made and entered into as of the __th day of ___, 2022 by and between Lincoln County, Wyoming, hereinafter referred to as “County”, whose address is 925 Sage Avenue, Kemmerer, Wyoming, 83101, specifically Lincoln County Planning and Engineering Office, whose address is 925 Sage Avenue Suite 201, Kemmerer, Wyoming, 83101 and Sean & Alexa Harper., hereinafter referred to as “OWNER/DEVELOPER”,whose address is P.O. Box 2849 Alpine, WY 83128. WHEREAS, it is the intent and purpose of the OWNER/DEVELOPER to meet the conditions of approval for File No.# 203 MS 22 Subdivision to subdivide approximately 40 acres into 5 lots as set forth in the Preliminary Plat; and WHEREAS, the OWNER/DEVELOPER is the sole owner of the identified certain Property (see Exhibit A) located in the County; and WHEREAS, it is the intent and purpose of the OWNER/DEVELOPER and the County to enter into this Agreement that will guarantee the full and satisfactory completion of the required Improvements on the Property described in this Agreement and it is the intent of this Agreement and the parties to satisfy the Improvement requirements and to provide for the approval of the final plat application by the Lincoln County Board of County Commissioners and the final plat recordation in the Office of the Lincoln County Clerk of Buffalo H Ranch Subdivision; NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties agree: Section 1. Definitions 1.1 SUBDIVISION:The subject of this Agreement, which is designated and identified as File No. #203 MS 22 Buffalo H Ranch Subdivision on the Property described in Exhibit A in the jurisdiction of Lincoln County, Wyoming. This definition shall include any and all future mention to the term SUBDIVISION. 1.2 IMPROVEMENT:Any alteration to the land or other physical construction located on or off the Property that is associated with this subdivision, building site, or development. 1.3 OWNER//DEVELOPER:means and refers to Sean &Alexa Harper, whose address is P.O. Box 2849 Alpine, WY 83128, the party that owns and is developing the Property and shall include and subsequent owner(s) or OWNER/DEVELOPER(s) of the Property. Page 1 of 10 Date: 1.4 PROPERTY:means and refers to the identified approximately 40.00+/- acres of a certain parcel(s) of Property located in Lincoln County, Wyoming, as described in Exhibit A. Section 2. Planned Improvements. The OWNER/DEVELOPER shall, at its sole cost and expense, properly install and complete the following required improvements: ●Subdivision Road: o 26’ Width Travel Lane o 70’ Radius Cul-de-sac (120’ Travel Lane) ●Submittal of Water Distribution Plan to the State Engineer’s Office ●Utilities: o Install Electrical Power to each identified lot o Install Communication lines to each identified lot ●Surveyor’s lot monuments as set forth in the Preliminary Plat attached hereto as Exhibit B ●Disturbed areas shall be reseeded to avoid weed infestation and erosion ●Road Signs: The Developer to purchase private road name sign and stop sign through Lincoln County, Wyoming Planning and Engineering Office to assure standardization throughout the County and said County Office will install after completion of improvements and subdivision final approval. OWNER/DEVELOPER agrees that these Improvements shall be installed in compliance with Lincoln County Land Use Regulations Chapter 6 adopted by the County or other agencies responsible for providing services to the Development. Section 3. Sales or building permits.No lot shall be sold prior to final plat approval by the Lincoln County Board of County Commissioners and recording by the Lincoln County Clerk. Also no building permits shall be issued by the County until final plat approval and recording. Section 4. Schedule for Commencement and Completion of the Improvements. The OWNER/DEVELOPER shall commence construction of the Improvements for SUBDIVISION within two (2) years after the SUBDIVISION Preliminary Plat approval by the Lincoln County Board of County Commissioners. The OWNER/DEVELOPER will complete construction of the Improvements within three (3) years after approval of the Preliminary Plat. If OWNER/DEVELOPER does not commence construction of the Improvements within two (2) years or complete Improvements within three (3) years of the date of SUBDIVISION Preliminary Plat approval by the Lincoln County Board of County Commissioners, the preliminary plat approval for SUBDIVISION will be automatically revoked. At such time, the OWNER/DEVELOPER must reapply for approval of SUBDIVISION under the then current County subdivision regulations. If OWNER/DEVELOPER timely completes the Improvements and meets all of the conditions of approval set out in the Final Determination approving the Preliminary Plat and improvements as outlined in this SUBDIVISION Agreement, a Final Plat shall be signed and recorded. Page 2 of 10 Date: Section 5. Control of trash, weeds, dust, erosion, and sedimentation.The OWNER/DEVELOPER shall be fully responsible for all dust abatement, erosion, sedimentation, weed, and trash control on the Property required by any County, State or Federal regulations. OWNER/DEVELOPER shall use best management practices and industry standards for control. Trash shall be contained at all times. The responsibilities in this Section shall run with the land and shall therefore apply before, during, and until completion of Improvements. Section 6. Permits.The OWNER/DEVELOPER is responsible for obtaining all 60’ right-of-way, easements, access, excavation, and other permits and approvals required by local, State, or Federal regulations. Section 7. Inspections.The OWNER/DEVELOPER’s representatives shall make regular inspections and maintain control of SUBDIVISION while it is under construction. Representatives of the County shall have the right to enter upon the Property at any reasonable time to inspect and to determine whether the OWNER/DEVELOPER is in compliance with this Agreement. The OWNER/DEVELOPER shall permit the County and its representatives to enter upon and inspect the Property at reasonable times. The OWNER/DEVELOPER will not materially deviate from the Improvements required herein without the prior written approval of the County, which approval will not be unreasonably withheld. Section 8. Final Inspection and Approval of Improvements.The OWNER/DEVELOPER shall notify the County when it believes that the Improvements have been fully and properly completed and shall request final inspection and approval and acceptance of the Improvements by the County. At the time of such notification to the County, OWNER/DEVELOPER shall submit to County a set of “as built” plans and specifications, prepared by its engineer. The County will provide interim and final inspection of the Improvements within a reasonable time period after notification by the OWNER/DEVELOPER of completion and submission of “as built” plans and specifications. Upon inspection, the County shall give written acceptance of the Improvements or a written checklist of material deficiencies, such noted deficiencies shall be specific as to location and shall specify, in detail, the necessary corrective action to be taken by the OWNER/DEVELOPER. Upon approval of the final inspection, the County shall notify OWNER/DEVELOPER of its acceptance of the Improvements. Section 9. Warranty of the Improvements. The OWNER/DEVELOPER warrants the prompt and satisfactory correction of all defects and deficiencies, for both materials and workmanship, in the Improvements that occur or become evident within one year. If such defect or deficiency occurs or becomes evident during such period, then the OWNER/DEVELOPER shall, within thirty (30) days after written demand by the County to do so, correct it or cause it to be corrected. If the defect or deficiency cannot be reasonably corrected within thirty (30) days after written demand from the County, the OWNER/DEVELOPER shall commence the correction of the deficiency within the thirty (30) day period and proceed with reasonable diligence to correct the same or cause it to be corrected. Section 10. Remedies.In the event the OWNER/DEVELOPER fails to perform any of the terms, conditions or obligations in this Agreement or has not resolved a defect or deficiency Page 3 of 10 Date: under this Agreement, the County, at its option, may exercise any rights and remedies it may have under law. Furthermore, the County reserves the right, in its absolute discretion, to revoke the OWNER/DEVELOPER’s approvals for SUBDIVISION. In the event of said revocation, OWNER/DEVELOPER must reapply for approval of SUBDIVISION under the then current County subdivision regulations. Section 11. Default.If the OWNER/DEVELOPER fails to fully perform any of its obligations in accordance with this Agreement, or fails or refuses to correct any defect or deficiency in the Improvements required by this Agreement, then the OWNER/DEVELOPER shall be in Default of this Agreement. Lincoln County shall notify the OWNER/DEVELOPER of the specific Default or failing. If Default occurs, then Lincoln County shall be entitled to use any of the Remedies in the preceding paragraph at its own discretion. Section 12. Maintenance of Lots. OWNER/DEVELOPER hereby agrees that all unsold lots shall be maintained by the OWNER/DEVELOPER at the OWNER/DEVELOPER’s sole expense. Section 13. Maintenance of Roads. OWNER/DEVELOPER hereby agrees that they will create a binding document either a HOA, CCRs, Road Maintenance Agreement, Special Improvement District, or Mutual Benefit Corporations that at a minimum: a.Provide an entity for ongoing road maintenance including the collection of road maintenance fees; b.Provide an entity for ongoing snow removal including the collection of snow removal fees; c.Ensure road maintenance and snow removal are maintained indefinitely. d.The chosen document must be filed at the time of final plat filing, and bind all current and future owners to the agreement. Section 14. Binding Upon Successors.This Development Agreement shall be binding upon and inure to the benefit of the parties’ respective heirs, successors, assigns and personal representatives. Section 15. Notices.Any written notices required herein shall be deemed delivered to the addressee when delivered in person on a business day at the address set forth below or on the third day after being deposited in the United States mail, for delivery by properly addressed, postage prepaid, certified or registered mail, return receipt requested, to the address set forth below. Notices to the County shall be addressed to, or delivered at, the following address: Lincoln County Board of County Commissioners ATTN: Planning Director Planning and Engineering Office 925 Sage Avenue Suite 201 Kemmerer, WY 83101 Page 4 of 10 Date: Notices to the OWNER/DEVELOPER shall be addressed to, or delivered at, the following address: Sean & Alexa Harper P.O. Box 2849 Alpine, WY 83128 Section 16. Indemnification. A.No Liability for County Approval or Denial. The OWNER/DEVELOPER acknowledges and agrees (1) that the County is not, and shall not be, in any way liable for any damages, loss or injuries whatsoever, including attorney fees, that may be sustained as the result of the County’s issuance or denial of any permits, inspections, approvals or acceptances of the Improvements or use of any portion of the Improvements, and (2) that the County’s issuance or denial of any permits, inspections, approvals or acceptances does not, and shall not, in any way be deemed to insure the OWNER/DEVELOPER, or any of its heirs, successors, assigns, tenants, or licensees or any third party, against damage or injury of any kind. B.Indemnification. Except as provided below, the OWNER/DEVELOPER agrees to, and does hereby, indemnify the County, and all of its elected and appointed officials, officers, employees, agents and representatives from any and all claims, costs and liability of every kind and nature that may be asserted at any time against any such parties for injury or damage received or sustained by any person or entity in connection with (1) the County’s review of, denial, or approval of any plans, including those for the Improvements, (2) the inspection or issuance of any approval or acceptance of Improvements, (3) the SUBDIVISION, construction, maintenance or use of any portion of the Improvements and (4) the performance by the OWNER/DEVELOPER of its obligations under this Agreement and all related Agreements. The indemnification required herein shall include, but not be limited to, any costs of defense incurred by the indemnified parties including attorney fees and expert witness fees. Section 17. Amendments or Alterations. Any changes,omissions, modifications, revisions, additions or amendments to this Development Agreement shall be incorporated by written instrument, executed and signed by all parties. Section 18. Severability.The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. Section 19. Filing. The County shall have this Agreement recorded in the Office of the Lincoln County Clerk. Section 20. Authority to Execute.The County hereby warrants and represents to the OWNER/DEVELOPER that the persons executing this Agreement on its behalf have been properly authorized to do so by the Board of County Commissioners. The OWNER/DEVELOPER hereby warrants and represents to the County (1) that it is the owner of record of the Property or the owner’s authorized representative, (2) that it has the right, power, Page 5 of 10 Date: and authority to enter into this Agreement and to agree to the terms, provisions, and conditions set forth herein and to bind the subdivision as set forth herein, (3) that all legal action needed to authorize the execution, delivery, and performance of this Agreement have been taken, and (4) that neither the execution of this Agreement nor the performance of the obligations assumed by the OWNER/DEVELOPER hereunder will (i) result in a breach or default under any Agreement to which the OWNER/DEVELOPER is a party or to which it or the subdivision is bound or (ii) violate any statute, law restriction, court order, or Agreement to which the OWNER/DEVELOPER or the subdivision is subject. Section 21. Regulations.The OWNER/DEVELOPER agrees to abide by all regulations, laws and codes of Lincoln County, the State of Wyoming, and the Federal Government. Section 22. Applicable Law/Venue.The construction,interpretation, and enforcement of this Agreement shall be governed by the laws of the State of Wyoming. The Courts of the State of Wyoming shall have jurisdiction over this Agreement and the parties, and the venue shall be the Third Judicial District, Lincoln County, Wyoming. Section 23. Insurance.OWNER/DEVELOPER shall procure,and at all times maintain, general liability insurance to protect from claims for damages because of negligence or bodily injury, including but not limited to death and damages to property, all with coverage limits of no less than one million dollars ($1,000,000.00). Said insurance will also provide coverage to fulfill the OWNER/DEVELOPER’s indemnification requirements set forth herein and be obtained before beginning construction. Upon request, OWNER/DEVELOPER agrees to provide a certificate of liability insurance to County evidencing said limit. Section 24. Entirety of Agreement.This Agreement sets forth all promises, inducements, agreements, condition and understandings between OWNER/DEVELOPER and County relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between OWNER/DEVELOPER and County, other than as are stated herein. All Exhibits referenced herein are incorporated in this Agreement as if set forth in full including all text information in the Exhibits. In the event of any conflict of terms in this Agreement and any Exhibits, the terms of this Agreement shall control. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns. Section 25. No Waiver of County Rights. No waiver of any provision of this Agreement will be deemed to constitute a waiver of any other provision nor will it be deemed to constitute a continuity waiver unless expressly provided for; nor will the waiver of any default under this Agreement be deemed a waiver of any subsequent default or defaults of the same type. The County’s failure to exercise any obligation under this Agreement will not constitute the approval of any wrongful act by the OWNER/DEVELOPER or the acceptance of any Improvement. OWNER/DEVELOPER acknowledges that Lincoln County reserves the right to revoke all approvals for SUBDIVISION upon failure to comply with SUBDIVISION conditions of approval, upon any of the violations of Lincoln County Land Use Regulations, or for Page 6 of 10 Date: misrepresentations or material omissions made to the Lincoln County Planning and Engineering Office or Board of County Commissioners. Section 26. Sovereign Immunity.The County does not waive sovereign immunity by entering into this Agreement and specifically retains immunity and all defenses available to it pursuant to law, including government immunity. Section 27. Effective Date.This Agreement shall become valid and binding only upon its approval by the Lincoln County Board of County Commissioners and shall be effective on the date first written above. IN WITNESS WHEREOF,the parties to this Agreement through their duly authorized representatives have executed this Agreement on the days and dates set out below and certify that they have read, understood, and agreed to the terms and conditions of this Agreement. LINCOLN COUNTY ________________________________Date: ______________________ Robert King, Chair Board of Lincoln County Commissioners Attest: ________________________________ April Brunski Lincoln County Clerk Page 7 of 10 Date: OWNER/DEVELOPER ________________________________Date: ______________________ Sean Harper, Owner ________________________________Date: ______________________ Alexa Harper, Owner STATE OF WYOMING ) ) ss COUNTY OF LINCOLN ) The foregoing instrument was acknowledged before me by__________________________, on this _______day of ________________, 2022. Witness my hand and official seal. (SEAL) _____________________________________ Notary Public My Commission expires: ________________ Page 8 of 10 Date: EXHIBIT A DESCRIPTION OF PROPERTY Buffalo H Ranch 40.00+/- acres within the Section 35, Township 36 North, Range 119 West, in, Lincoln County, Wyoming. Page 9 of 10 Date: EXHIBIT B APPROVED PRELIMINARY PLAT See Attached Page 10 of 10 Date: