HomeMy WebLinkAbout809 AP 22 Bluebird Subdivision Lot 1 Plat Amendment
809 AP 22
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19LINCOLN COUNTY PLANNING AND ZONING COMMISSION
STAFF REPORT Rezone Petition Conditional Use Application
HEARING TIME AND DATE: 7:00 p.m. April 25, 2007 LOCATION: Cokeville, Wyoming
FILE #: 603 PZ 07 and 108 PZ 07
APPLICANTS: Shawn McNinch
PROJECT NAME: Bluebird Subdivision Lot 1 Plat Amendment
ZONING: Rural COMMUNITY PLAN: Thayne SURVEYOR: Fred Coles, Wasatch Surveying PLANNING STAFF: Katie Gipson
PROPOSAL: This is a request for an amendment to adjust the boundary between Lot 1 of the Bluebird
Subdivision and the lot directly to the east owned by Shawn McNinch. Lot 1 will be increased to 6.103
+/- acres and the other lot will be decreased to 4.640 +/- acres. The project site is accessed off of Lost Creek Co. Rd. 120. Both lots have existing homes and outbuildings. LOCATION: 1.0 +/- miles south of Star Valley Ranch, Wyoming, T34N R118W Section 8.
ATTACHMENT:
1. Amended Plat 2. Vicinity Map
PLANNING STAFF RECOMMENDATION:
Planning Staff recommends that the Board of County Commissioners Approve File #809 AP 22, Bluebird
Subdivision Lot 1 Plat Amendment, with:
● Findings of Approval A. thru C.
LINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS
STAFF REPORT
AMENDED SUBDIVISION PLAT
HEARING TIME AND DATE: 10:00 A.M., JULY 6, 2022
HEARING LOCATION: COUNTY COURTHOUSE COMMISSIONER BOARDROOM, KEMMERER, WYOMING & VIA VIDEO AT AFTON BRANCH OFFICE EOC CONFERENCE ROOM, AFTON, WY, KEMMERER, WYOMING
FILE # 809 AP 22
809 AP 22
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FINDINGS OF APPROVAL:
A. The proposed amended subdivision plat is consistent with the Goals and Objectives of the Lincoln
County Comprehensive Plan. B. The proposed amended subdivision plat is consistent with the policies, procedures and standards of the Lincoln County Land Use Regulations, specifically the policies found in Section 4.7 Amendments to Approved Subdivisions, and the provisions for minor plat amendments, and
consistent with the provisions of W.S. 34-12-106 through 110, providing for plat vacation and
partial plat vacation where such vacating does not abridge or destroy any of the rights and privileges of other proprietors in said plat. C. Since the proposed amended plat does not increase the number of lots in the subdivision in the County, a resolution of approval shall not be required.
THE SELLER DOES NOT WARRANT TO A PURCHASER THAT THEPURCHASER HAS ANY RIGHTS TO THE NATURAL FLOW OF ANYSTREAM WITHIN OR ADJACENT TO THE PROPOSED SUBDIVISION.THE STATE OF WYOMING DOES NOT RECOGNIZE ANY RIPARIANRIGHTS TO THE CONTINUED NATURAL FLOW OF A STREAM ORRIVER FOR PERSONS LIVING ON THE BANKS OF A STREAM OR RIVER(W.S. 18-5-306, 2007). NO PROPOSED CENTRALIZED SEWAGE SYSTEM (W.S. 18-5-306, 2007).LOT OWNERS SHALL BE RESPONSIBLE FOR BUILDING THEIR OWNSMALL WASTEWATER DISPOSAL SYSTEMS WHICH MEET STATE ANDCOUNTY STANDARDS. EXISTING RESIDENCE IS PROVIDED CULINARY WATER BY THEBEDFORD COMMUNITY WATER SYSTEM. EXISTING RESIDENCE IS SERVED BY AN EXISTING INDIVIDUALSEPTIC SYSTEM. LOST CREEK ROAD (COUNTY ROAD NO. 120) IS MAINTAINED BYLINCOLN COUNTY. WARNING: THE SURFACE ESTATE OF THE LANDS WITHIN THISSUBDIVISION MAY BE SUBJECT TO FULL AND EFFECTIVEDEVELOPMENT OF THE MINERAL ESTATE. SOLID WASTE HAULAGE SERVICE NOT PROPOSED. LOT OWNERSSHALL BE RESPONSIBLE FOR HAULING THEIR OWN SOLID WASTE. ON-SITE FIRE-FIGHTING FACILITIES ARE NOT PROPOSED. NEARESTFIRE HYDRANT IS LOCATED AT THE INTERSECTION OF LOST CREEKROAD AND ADAMS WAY. WARNING: THERE MAY BE AGRICULTURAL OPERATIONS ADJACENTTO THIS SUBDIVISION AND AGRICULTURAL RELATED NUISANCESMAY EXIST WITH THE SUBDIVISION. SHOULD LANDS ADJACENT TOTHIS SUBDIVISION BE REMOVED FROM AGRICULTURAL USE THE 25FOOT RESIDENTIAL NON-BUILDING BUFFER WILL NO LONGER BE INEFFECT AND NORMAL SETBACK STANDARDS SHALL BE APPLIED.THE EXISTING AGRICULTURAL OPERATIONS ARE PROTECTED BYW.S. 11-44-103, 2007. S 89°55'04" E, 558.67' MeasuredLLLLL/////LLLLLLLLLL/////LLLLLLLLLLLLLLL//////////LLLLLLLLLLS 89°39'24" W, 764.10'N 89°39'24" E, 639.52' MeasuredLLLLLLLLL/////////LLLLLLLLLN 00°41'55" EN 0°36'26" E, 348.48'310.41'N 1°06'11" E, 340.97'S 1°09'12" W, 341.93' Measured(S 1°02'04" W, 341.92' Record)PPPPPP//////LLLLLLS 0°33'36" E, 337.02' Measured601.74' MeasuredScale: 1" = 1000'ShawnMcNinch,SuccessorTrusteeBluebird SubdivisionLot 1 Plat AmendmentCorporate BoundaryTown of Star Valley Ranch30'30'10' Access & Utility EasementPLAT WARNINGS0 50 100 150 200SCALE IN FEETState of __________________________ ) ) ssCounty of __________________________ )________________________________Mortgage Electronic Registration Systems, Inc.nominee for Guild Mortgage Company, LLCState of __________________________ ) ) ssCounty of __________________________ )My commission expires: _________________________ _____________________________Notary PublicMORTGAGEE'S CERTIFICATEThis is to certify that Mortgage Electronic Registration Systems, Inc., as nomineefor Guild Mortgage Company, LLC, holds the mortgage to a portion of theBluebird Subdivision Lot 1 Plat Amendment described hereon, and herebyconsents to said land being subdivided as shown on this plat. The foregoing instrument was acknowledged before me by ________________,_________________, of Mortgage Electronic Registration Systems, Inc., asnominee for Guild Mortgage Company, LLC, this ____________ day of_________________ , _______ . Witness my hand and official seal. The foregoing instrument was acknowledged before me by Fred W. Coles this_______ day of ____________________ , _______. Witness my hand andofficial seal. State of Wyoming )) ssCounty of Uinta )My commission expires: ______________________________________________________Notary PublicCERTIFICATE of SURVEYORI, Fred W. Coles, Wyoming P.L.S. No. 6927, of Evanston, Wyoming, herebycertify that I have subdivided the land shown on this plat into lots, a block andeasements to be known as the "Bluebird Subdivision Lot 1 Plat Amendment"and that the dimensions of the plat and lot and easements are correctly shown;and that the lot is well and accurately staked. Pursuant to Sections 34-12-102 and 34-12-103 and Sections 18-5-301 through18-5-315 of the Wyoming Statutes 2019, as amended, BLUEBIRDSUBDIVISION LOT 1 PLAT AMENDMENT was approved the regular meeting ofthe Board of Lincoln County Commissioners held on this ______ day of_________________, ________. Subject to the provisions of a resolution and amendments thereto, for theapproval of subdivision and townsite plats as adopted on 4 May 2005, asamended. Plat approval does not constitute acceptance of streets and / orroadways as County roads. Designation of County Roads is only accomplishedby compliance with provisions of Section 24-3-101, Wyoming Statutes 2019, asamended. _______________________________April Brunski, ClerkCERTIFICATE of RECORDATIONCERTIFICATE of APPROVALState of Wyoming )) ssCounty of Lincoln )Board of County CommissionersCounty of Lincoln_____________________________ ____________________________Robert King, Chairman Jerry W. Hansen, Commissioner_____________________________ ____________________________April Brunski, Clerk Jerry T. Harmon, Commissioner This Plat was filed in the Office of the Clerk of Lincoln County, Wyoming on this______ day of __________________ , ________. P.O.B.State of Wyoming )) ssCounty of Uinta )Total Number of Lots : 1Use of Lots: ResidentialAverage Lot size : 6.103 acresTotal area of Subdivision : 6.103 acresNo recreational, open or dedicated spaceCurrent County Zoning designation : RuralLAND USE TABLEBluebird SubdivisionLot 1 Plat AmendmentFinal Platof theOwners: Syl Shawn McNinch Trustee of the Decedent's Trust Created Under the 7M+ Revocable Trust dated March 26, 19984985 West Woodburne RoadWest Jordan, UT 84081Suzanna Stigar Hazen and Jerry Victor HazenP.O. Box 1075Thayne, WY 83127Located in theS1/2 SE1/4 of Section 8T34N, R118W, 6th P.M.Lincoln County, WyomingDate: May 25, 2022 Job No. 22-60906 Main StreetEvanston, WY 82930(307) 789-4545Prepared by:Original Northwest CornerMcNinch ParcelOriginal Northeast CornerLot 1, Bluebird SubdivisionOriginal Southeast CornerLot 1, Bluebird SubdivisionAdams Way (County Road N. 12-179S)8T 1 1 8 WLost Creek Road (County Road No. 12-120)Location MapMolly LaneBluebird LaneT34NSet 5/8" x 24" steel bar w/ 1-1/2" aluminumcap inscribed "Fred Coles PLS 6927"Bluebird SubdivisionLot 1 Plat AmendmentS 8 9 °3 9 '2 4 " W, 6 0 .0 1 'S 89°39'24" W, 60.01'Lost Creek Road (County Road No. 120)T34NR118WSection 17Section 8South one-quarter cornerSection 8, T34N, R118WBrass cap PELS 698Calculated position. No monument setFound survey monument inscribed "PLS 11810"Right-of-way boundaryOriginal Southwest CornerLot 1, Bluebird Subdivision6.103 Acres636.20' Measured (636.61' Record)(639.21' Record)Original Northwest CornerLot 1, Bluebird SubdivisionBluebird LaneU.S. Public Land Survey System corner monumentFound survey monument inscribed "PE/LS 698"LEGENDSoutheast cornerSec. 8, T34N, R118WStandard GeneralLand Office brass cap4.640 AcresAdjusted McNinch ParcelI.D.N. 3418-084-01610' Access & Utility Easement(N 90°00'00" W, 729.66' Deed)127.90'Original Lot Line(S 89°26'18" E, 719.19' Deed)(S 1°02'04" W, 6.62' Record)S 89°55'04" E, 127.58'S 1°09'12" W, 6.62' Measured(S 0°00'00" E, 341.41' Deed)(S 89°57'30" E, 33.00' Record)S 89°39'24" W, 1759.87'N 89°07'54" E, 33.20' MeasuredThe foregoing instrument was acknowledged before me by Syl Shawn McNinch, Trustee of theDecendent's Trust created under the 7 M + Revocable Trust dated March 26, 1998 this _______ day of_________________ , _______. Witness my hand and official seal. Witness my hand this _______ day of _________________, _______.________________________________Syl Shawn McNinch, Trusteeof the Decendent's Trust created under the 7 M + Revocable Trust dated March 26, 1998State of Wyoming )) ssCounty of Lincoln )My commission expires: ______________________________________________________Notary PublicState of Wyoming )) ssCounty of Lincoln )The foregoing instrument was acknowledged before me by Suzanna Stigar Hazen and Jerry Victor Hazenthis _______ day of _________________ , _______. Witness my hand and official seal. Witness our hands this _______ day of _________________, _______.__________________________ __________________________Suzanna Stigar Hazen Jerry Victor HazenState of Wyoming )) ssCounty of Lincoln )My commission expires: ______________________________________________________Notary PublicCERTIFICATE of OWNERS Know all men by these presents that Suzanna Stigar Hazen and Jerry Victor Hazen, and Syl ShawnMcNinch Trustee of the Decedent's Trust Created Under the 7M+ Revocable Trust dated March 26, 1998,hereby certify that the foregoing "Bluebird Subdivision Lot 1 Plat Amendment" is an amendment to Lot 1,Bluebird Subdivision, Lincoln County, Wyoming, as said Bluebird Subdivision is platted and recorded inthe Office of the Lincoln County Clerk, said Bluebird Subdivision Lot 1 Plat Amendment being located inthe S1/2 SE1/4 of Section 8, Township 34 North, Range 118 West, 6th P.M., Lincoln County, Wyoming,and being all of Lot 1, Bluebird Subdivision together with a portion of that parcel of land described byQuitclaim Deed in Book 917 on Page 420 of the Lincoln County Records (McNinch Parcel), and beingmore particularly described as follows: Commencing at the Southeast corner of said Section 8 and running thence S 89°39'24" W, 1759.87 feetalong the South boundary thereof to the POINT OF BEGINNING; thence continuing S 89°39'24" W, 127.90 feet along said South boundary of Section 8 to the originalSoutheast corner of said Lot 1; thence continuing S 89°39'24" W, 636.20 feet along said South boundary of Section 8 to the originalSouthwest corner of said Lot 1; thence N 0°36'26" E, 348.48 feet along the West boundary of said Lot 1 to the Northwest corner thereof; thence N 89°39'24" E, 639.52 feet along the North boundary of said Lot 1 to the Northeast corner thereof; thence S 1°09'12" W, 6.62 along the East boundary of said Lot 1 to the Northwest corner of said McNinchparcel; thence S 89°55'04" E, 127.58 feet along the North boundary thereof; thence leaving said North boundary S 1°06'11" W, 340.97 feet to the POINT OF BEGINNING. Said Bluebird Subdivision Lot 1 Plat Amendmen containing 6.103 acres, more or less. And that the survey and staking thereof into a lot and easements is with the free consent and accordingto the desires of the undersigned owners; that the foregoing is a correct plat of said Bluebird SubdivisionLot 1 Plat Amendment as surveyed and staked into a lot and easements and that the dimensions arecorrectly shown on this plat by figures representing feet and hundredths of a foot; that the undersignedowners hereby dedicate to duly franchised utility companies the benefit of the 10 Foot Access and UtilityEasement. The dedication is made subject to any existing easements and rights of way or mineral ormining reservations of record.