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HomeMy WebLinkAbout201 MS 22 Wild 3 RanchAPPLICANTS:Grant & Tylee Williams PROJECT NAME:Wild 3 Ranch – Preliminary Plat COMMUNITY PLAN AREA:Upper Valley ZONING:Rural SURVEYOR:Surveyor Scherbel, Ltd. PLANNER:Emmett Mavy _____________________________________________________________________________________ PROPOSAL:A Minor Subdivision Preliminary Plat application proposal to subdivide 18.45 +/- acres into three (3) residential lots, with an average lot size of 6.15 +/- acres, in the Rural Zone. The lots will share a private subdivision road off Grover Narrows County Road No. 130. Each lot will have individual wells and individual septic systems. LOCATION:4.0 miles northwest of the Town of Afton,Wyoming in Section 30 & 31, Township 33 North, Range 118 West _____________________________________________________________________________________ EXHIBITS: 1.Preliminary Plat 2.Vicinity Map 3.Draft Development Agreement 4.Agency Correspondence _____________________________________________________________________________________ PLANNING & ZONING RECOMMENDATION: The Planning and Zoning Commission send a recommendation of APPROVAL to the Board of County Commissioners for File # 201 MS 22 a minor subdivision preliminary plat, with: ●Findings A. thru C. ●Conditions of Approval 1. thru 4. ●A Recommendation for the Board Chairman to sign the Development Agreement. 201 MS 22 BCC -PRELIMINARY PLAT 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. AGENCY CORRESPONDENCE: Lincoln County Weed & Pest:No noxious weeds were observed on the property, but Lincoln County Weed & Pest recommended a weed management plan because noxious weeds have been observed on the property in the past. Star Valley Conservation District:No report was received;60 days have passed. 201 MS 22 BCC -PRELIMINARY PLAT State Engineer's Office:Marcus Malesaa, Natural Resources Analyst, was NOT SUPPORTIVE of granting the proposal at this time. 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. Clarification On General Road Design Requirements Dead End road designs should be avoided whenever possible. Where dead end roads are the only alternative, cul-de-sacs or turnarounds shall be provided using the following guidelines. ●500’ Length and Under – Travel way 20’ – Gravel/Paved Surface w/ 60’ Radius cul-de-sac. ●500’- 1000’ Length Roads – Travel way 26’from the primary road to the center of the cul-de-sac - Gravel/Paved Surface w/ 60’ Radius. ROW on cul-de-sac will need to be 70’ in Radius. ●1000’+ Length Roads require a Loop Road – See 6.18 Subdivision Road Design Specifications. Design Preference: ●Bulb Type (Gradual Transition) - 120’ Diameter Gravel Surface ●Offset - 120’ Diameter Gravel Surface ●Hammerheads and Y designs are Not Allowed ●“Donut” design is highly discouraged Loop Road – (DEFINED) A road that has 2 access points from the primary road with a minimum 300’ between the access points. The travel way will be a 20’ graveled surface. Roadway system shall loop a minimum of 1 lot within the subdivision. The primary road origination point is determined by the Planning Staff. Provide adequate snow storage shall be provided to keep turnarounds clear. Dead end roads which do not have a turnaround are not allowed. 6.18 Subdivision Road Design Specifications The table of Road Types is still valid when identifying specifications. The travel way shall be adjusted if a dead-end road is proposed. Shoulders will be required pending on road grade. 201 MS 22 BCC -PRELIMINARY PLAT UV237UV238 36 2322 24 2734 22 16 03 21 17 07 06 2019 10 15 08 09 18 0405 20 15 04 24 08 03 01 12 0209 17 13 11 23 10 22 1416 05 21 3534 20 22 3633 252826292130 31 32 19 2327 24 33N 119W 32N 118W32N 119W 33N 118W ³±130Walk Christensen Creek Road £¤8 9 CALL, DEE W TRUSTEE CALL, DEEW TRUSTEE ROSE, JARED A& MEGAN C PORTER, MCKELL & LESA D TRUSTEES HAHN, COLLEEN PRICE, CLARK K & LILA I LEFEVRE, DUANE S JR & CARRIE D NIELSEN,CYNTHIA ANN ETAL PERKINS, DAVIDD ETAL PORTER, MCKELL& LESA D TRUSTEES CALL, DEEW TRUSTEE JENSEN, JODY N & NORA PORTER, MCKELL &LESA D TRUSTEES OSMOND, TRAVIS & MAGGON PERKINS, DAVID D ETAL PERKINS,DAVID D ETAL WILLIAMS,GRANT J & TYLEE A HOUGLAND,DONALD C & JAMIE E NEWTON, JIM R & TERESA A JENSEN, ANN TRUSTEE PERKINS, LEIGH ETAL PERKINS, LEIGH H ETAL ROTE, WAYNE C PERKINS, LEIGH ETAL PERKINS,LEIGH ETAL KEEHN, SHERI LYNN NEWTON, JIM R & TERESA HEPWORTH, FLORIZE HEPWORTH, FLORIZE HEPWORTH, GAYE LYNN & KOLT K FLUCKIGER,TAMBI PORTER PORTER, MCKELL & LESA DTRUSTEES OWENS,ASHLEY NEWTON, JIMR & TERESA NEWTON, JIM R & TERESANEWTON, JIM R & TERESA FLUCKIGER,DALE A.& LANIS PURDUM,RICHARD D CALL, DALE L& BETH ANN J MOWAT,MATTHEW K & AMBER D HENDRICK, DAVID B & SUSAN K HENDRICK,DAVID B & SUSAN K BARBERSBUFFALO MOUNTAIN LLC FELLER,LORETTA SALT RIVER MOTORS HOLDINGS, LLCFORD, ELAINE L TRUSTEE PERKINS,DAVID D ETAL BARBERS BUFFALO MOUNTAIN LLC ALLRED, ANTHONY R CALL,JUSTIN J PERKINS,LEIGH ETAL Maxar, Microsoft Minor Subdivision Application Projects Buffer_201MS22 US Highways WY Highways Township & Range Sections Municipalities File No 201 MS 22 Wild 3 Ranch Grant & Tylee Williams Prepared using available data by Destry Dearden, GISP on 1 April 2022. Map is for informational purposes only and in no way represents an official survey of land. September 29, 2021 Kay Lynn Nield An inspection of the proposed (Grant and Tylee Williams); Simple Subdivision, Within SE1/4SW1/4SW1/4SE1/4Section 30 and NE1/4NW1/4 NW1/4NE1/4 of Section 31,T33N R118W, Lincoln County, Wyoming. The purpose of this inspection was to see if there are any of the noxious weeds as to W.S. 11-5-102 (a) (xi). At the time of inspection there was no noxious weeds on the property. However, Canada thistle and Yellow toadflax have been observed on the property in the past. According to Wyoming Statute it is illegal to allow any state or county noxious weed to propagate freely. LCWP will be available to advise how to control any weed problem in the future at this site. Lincoln County Weed and Pest furnishes herbicides for noxious weed control at a reduced cost share discount to the landowner. We also offer ATV sprayers and 25-gallon pickup sprayers for rent. Please know that all visits to the above property as well as any consultations are at no charge, so feel free to call or stop by the office any time if you have any questions. Sincerely, Travis Osmond MS CCA - Supervisor Farrel Hoopes, Private Land Manager Lincoln County Weed and Pest Control Lincoln County Weed and Pest Control 307-885-9333 State Engineer’s Office HERSCHLER BUILDING, 2W CHEYENNE, WYOMING 82002 (307) 777-7354 seoleg@seo.wyo.gov MARK GORDON GOVERNOR BRANDON GEBHART, P.E. STATE ENGINEER April 18, 2022 Planning Department Lincoln County 421 Jefferson St., Ste. 708 Afton, Wyoming 83110 planning@lcwy.org RE:Wild 3 Ranch Minor Subdivision, File No: 201 MS 22 To Whom It May Concern: The State Engineer’s Office – Ground Water Division reviewed the referenced submittal in compliance with W.S. 18-5-306(c)(i) and is NOT SUPPORTIVE of the granting of this proposal at this time. The proposed minor subdivision is to be located in parts of Section 30 and parts of Section 31, T33N, R118W, Lincoln County, Wyoming. Based upon a review of the information submitted, the State Engineer’s Office offers the following: 1.An approved permit from the Wyoming State Engineer’s Office is required prior to the drilling of any water well. The procurement of the necessary and appropriate State Engineer water right permit allows the applicant to attempt to develop a water supply adequate to meet the proposed needs, and is no guarantee that any water will be physically available. 2.If any new wells are proposed, they must be constructed in accordance with the State Engineer’s Office Rules and Regulations, Part III, Water Well Minimum Construction Standards. 3.Any well not to be used must be properly plugged and abandoned as outlined in the above referenced rules and regulations. 4.Any wells developed for uses that do NOT fall within the definition of domestic or stock use require adjudication by the Board of Control. 5.The water right search revealed other existing water rights attached to the subdivision lands. Those water rights must be addressed as outlined in Wyoming Statute 18-5-306(a)(xi). To date, the Board of Control has not received this required documentation. Wyoming Statute 18-5-306(a)(xi): (xi)With respect to any water rights appurtenant to lands to be subdivided in accordance with this chapter and prior to final approval of the subdivision the subdivider shall provide the following: (A)The intended disposition of the water rights, by: Surface Water Ground Water Board of Control (307) 777-6475 (307) 777-6163 (307) 777-6178 (I)Evidence that the subdivider has submitted to the state engineer the documentation necessary to relinquish the water rights and has notified purchasers and the board of this action; (II)Evidence that the subdivider has submitted to the state engineer the documentation necessary to change the use, place of use or point of diversion to provide for beneficial use of the water rights outside the subdivision; or (III)A plan, a copy of which was submitted to and approved by the state engineer prior to the final approval of the subdivision application, for the distribution of the water rights appurtenant to the land to be subdivided. The plan shall specify the distribution of the water to the lots within the subdivision and shall include all appropriate applications for change of use, change of place of use or change in point of diversion or means of conveyance in accordance with W.S. 41-3-103, 41-3-104 or 41-3-114. (B)If the subdivision is located within lands, served by or crossed by a ditch, irrigation company or association or by an unorganized ditch, evidence that the plan has been submitted, at least sixty (60) days prior to the submittal of the application for the subdivision permit to the company, or association, or the remaining appropriators in the case of an unorganized ditch for their review and recommendations; (C)Evidence that the subdivider will specifically state on all offers and solicitations relative to the subdivision his intent to comply with this paragraph and that the seller does not warrant to a purchaser that he shall have any rights to the natural flow of any stream within or adjacent to the proposed subdivision. He shall further state that the Wyoming law does not recognize any riparian rights to the continued natural flow of a stream or river for persons living on the banks of the stream or river; (D)If the subdivision is located within the boundaries of an irrigation district that is subject to the provisions of title 41, chapter 7 of the Wyoming statutes, the application shall include a review and recommendations from the irrigation district regarding the attached water rights and the irrigation district's easements. If there is a conflict with the irrigation district's recommendations, the applicant shall certify that it has met with and made a good faith effort to resolve any conflicts with the irrigation district; and (E)If the subdivision will create a significant additional burden or risk of liability to the irrigation district, company, association or remaining appropriators including appropriators on an unorganized ditch, the applicant shall provide an adequate and responsible plan to reduce or eliminate the additional burden or risk of liability. In summary, the State Engineer’s Office is NOT SUPPORTIVE to the granting of this proposal based on our evaluation under W.S. 18-5-306 (a) (xi) until item 5 has been adequately addressed. In all correspondence regarding this application, please reference “State Engineer Subdivision Review Number 2022-22-12”. If you have any questions, please feel free to contact me at (307) 777-6166, or if you prefer email, at markus.malessa@wyo.gov. Thank you for the opportunity to comment on the subdivision application. Sincerely, Markus Malessa Natural Resources Analyst TRANSMITTED VIA EMAIL Cc:Lisa Lindemann, Administrator, Ground Water Division Nathan Graves, Administrator, Surface Water Division Cheryl Timm, Administrator, Board of Control Division Kevin Payne, Superintendent, Water Division IV Mike Johnson, Lead Hydrographer/Commissioner, Water Division IV, District 8