HomeMy WebLinkAboutPZC Minutes Final
LINCOLN COUNTY
PLANNING AND ZONING COMMISSION MINUTES
Wednesday, July 27, 2022
6:00 P.M.
Locations: Video Conference between the following locations:
Lincoln County Courthouse, Commissioner Boardroom, 925 Sage Avenue 3rd Floor, Kemmerer, WY
& Afton Planning & Engineering Office, Conference Room, 61 East 5th Avenue, Afton, WY
Present: Planning Commission Members:
Tom Crank, Chair (Absent)
Karen Anderson, Vice Chair
Chad Jensen
Luke Lorimer
Pam Price
Planning & Engineering Staff:
Amy Butler, Engineer
Emmett Mavy, Planner II
Katie Gipson, Development Administrator
County Attorney Staff:
Aaron Reynolds (Absent)
Vice Chair Karen Anderson called the meeting to order at 6:00 pm. Each member of the Planning & Zoning
Board present introduced themselves individually as well as staff. Chairman, Tom Crank and County
Attorney Aaron Reynolds were absent. A quorum was established.
Amy spoke about the agenda changes. She stated that Sketch Plan A was withdrawn by the applicant. Karen
asked for a motion to accept changes to the agenda. Chad made a motion to accept changes to the agenda.
Pam seconded. Motion passed.
The minutes for the Wednesday, June 29, 2022 meeting were presented for approval. Karen asked if there
were any comments on the minutes. Seeing no comments, Karen asked for a motion. Luke made a motion to
approve the minutes. Pam Seconded. Motion Passed. Chad abstained.
Katie presented the Development Report with a Year-to-Year Comparison attached to the front. Katie
explained that this report is from January to the end of June for years 2021 and 2022. Katie explained that
these comparisons show that North Lincoln County Residential Permits were down 11 from last year, South
Lincoln County Residential Permits were down 7 from last year, Wastewater Permits were up 1 from last
year, Driveway Access Permits were the same as last year, and Zoning and Development Permits were up 1
from last year. Katie then presented the Development Report for June 25, 2022 to July 26, 2022. She stated
that there were 28 residential use permits in north Lincoln County, 14 small wastewater permits, 0 residential
use permits in south Lincoln County and 2 zoning and development permits. Karen asked for any comments.
Seeing none Karen moved on to the next agenda item noting that Sketch Plan A was withdrawn.
Karen stated the next item on the agenda is Sketch Plan B for a minor subdivision 3 lots, Valley Springs
Phase II within the southeast corner of section 11, T34N R119W. Marlowe Scherbel presented the proposed
sketch plan to the Commission. Marlowe stated that the Valley Springs Subdivision will have access off of
Mills County Road and Valley Springs Road. Marlowe stated that each lot would have an individualized
well and enhanced septic due to the high groundwater. Marlowe asked if the commission had any questions.
Chad questioned how many times this parcel has been subdivided and how many more times they plan to
subdivide. Marlowe answered that there is a master plan that will move forward when a planning director
gets hired. Marlowe explained and showed the different zones in the areas of the lot. Marlowe stated he has
not seen the master plan yet, but thinks there will be over 40 lots. Chad questioned if every lot would be five
acres. Marlowe answered that 5 acre is the smallest lot size that the developer could go. Chad questioned
what the road requirements are. Emmett answered that it depends on the number of lots being created; with a
minor subdivision the cul-de-sac, road, and loop road will be required and out in between the preliminary
plat approval and the final plat approval. Marlowe stated that just the easements are required for simple
subdivisions, and when you move to minor subdivisions the infrastructure has to be out in. Chad questioned
what the road width requirement is. Emmett answered that the standard road width per travel way is 20-foot
travel way and if it is a dead end that exceeds 500 feet in length then the road width has to go to 26 ft, but it
doesn’t have to go to 26 foot wide if it does a loop, such as this subdivision in between lot 5 and lot 4 it does
a loop road. Marlowe stated that all easements are 60 feet. Discussion about new easement guidelines
continued. Amy clarified that sketch plans are just to discuss and gain information from and that there is no
motion needed. Marlowe stated that he appreciates the commission’s eyes on these sketch plans. Karen
questioned what water rights exist on the property. Marlowe answered that there are water rights on the
property and that all water rights will be dealt with in the final plat stage. Marlowe stated that there are open
ditches; one ditch is located in the south boundary. Marlowe also stated that there are springs in the southeast
corner and it goes through the property which is why it has a high-water table. Karen asked for questions.
Karen questioned what the timeline is on the engineered system. Marlowe answered that the DEQ study is in
process, and it depends on when the master plan moves forward. Marlow clarified that the division of 6 lots
and over is a major subdivision and that we are not processing those in the county until we get a planning
director. Chad questioned what the size requirements are for lot configurations are. Marlowe answered that
there are no requirements on lot sizes. Discussion on lot sizes continued. Karen asked for questions and
seeing none directed Marlowe to move to Sketch Plan C.
Marlowe presented the sketch plan to the commission. Marlowe stated that in 2007 or 2008, Phase 2 of Etna
Village’s master plan was approved for phase 1 and 2. Marlowe stated that phase 1 is now, not built, but all
sold. Marlowe stated that phase 2 contains .5-acre average density lots that have already gone through the
master plan approval. Marlowe stated that these lots are on the boundaries of Etna Water District, so they
will have central water as well as irrigation water from a canal. Marlowe stated that the lots have access
through Caribou Peak Loop and Etna Village Drive which are already existing roads. Marlowe stated that all
infrastructure is complete including water, power, and fiber internet access to the lots. Marlowe stated that
this subdivision does have a DEQ study, and there were no adverse recommendations. Karen questioned
that the report Marlowe had was from 2007. Marlowe answered that that is correct. Chad questioned if each
lot would have individual septic. Marlowe answered yes, they are all on individualized septic and a
centralized water system. Discussion on septic system followed. Chad questioned about residents in
Freedom having issues from septic. Marlowe answered that he isn’t aware of any issues. Discussion
followed. Karen questioned when neighbors are notified. Amy answered that neighbors are notified at the
time of a preliminary plat application. Marlowe thanked the commission for their time.
Karen stated the next item on the agenda is 207 MS 22 Good Neighbor Subdivision Third Filing. A Minor
Subdivision Preliminary Plat application proposal to subdivide 51.02 +/- acres into Five (5) residential lots,
with an average lot size of 10.20 +/- acres, in the Rural Zone. The lots will share a private subdivision road
off County Road No. 169. Each lot will connect to the Etna Water and Sewer District and have individual
septic systems. Emmett presented the project to the Commission. Emmett stated that it was requested that
this project be completed in 2 phases. Emmett stated that phase 1 would be for lots 4 and 6, and phase 2 for
lots 5,7, and 8. Emmett stated that he would like to make a minor change under the Planning Staff
Recommendations on the third line, page 1 of the Staff Report. Emmett stated he would like the change to
state, “a recommendation for board chairman to sign the development agreement for each phase”. Emmett
stated that Lincoln County Weed & Pest found weeds on the state’s noxious list of Musk Thistle and Spotted
Knapweed that will require treatment. The development agreement requires the developer to create a Weed
Control Plan developed in conjunction with Lincoln County Weed & Pest. Emmett stated that the State
Engineers Office reviewed the submittal and the subdivider has not addressed the minimum requirements,
which is usual for this part of the stage. Emmett stated that the local water district would like it to be known
that culinary water wells are NOT allowed to be drilled within district boundaries, and we do not support the
de-annexation of properties from the district in order to be able to drill wells. Emmett stated that this
subdivision does not plan to be de-annexed, but connect to the Etna Water and Sewer District. Emmett asked
for any questions. Amy asked if Emmett would like to add to the conditions of approval. Emmett answered
that under conditions of approval, number 3 add a minor change that states, “Developer and County shall
enter into a Development Agreement for each phase”. Emmett stated that the developer, Marlowe Scherbel
is also present for questions. Chad questioned the distribution water and why it was not addressed. Emmett
answered that typically the plan to distribute water is presented to the State Engineers Office later in the
development process. Karen questioned if there were any calls to the Planning Office referring to the ditches
surrounding the subdivision. Emmett answered that he did not receive any feedback from the public. Luke
questioned if the developers could drill a well for irrigation purposes. Emmett answered that this would
come back to the irrigation rights on that property, and they would have to go through the current water
rights. Emmett turned the time over to Marlowe Scherbel representing the developers. Marlowe stated that
one of the developers, Ben Thurston is present. Marlowe brought back the discussion of water rights stating
that the question about drilling for irrigation was most likely a question to be directed to the Etna Irrigation
District. Further discussion about water rights continued. Chad questioned what the standard size of a ditch
is. Marlowe answered that there are no recorded easements for this ditch and so the county required an
easement be granted to the ditch owners. Karen questioned what ditch Marlowe was referring to. Marlowe
answered that there is one ditch; the Baker and Heap Ditch. Discussion on water ditches and easements
continued. Marlowe stated that this started as a 50-acre piece. Chad questioned what setbacks were required
for along the Salt River. Amy answered that she believes they are 50ft. Discussion on setbacks along the
Salt River continued. Karen asked if anyone from the audience would like to speak. Ben Thurston from the
audience introduced himself and stated that he is the owner of the north 25 acres that will be a part of phase
1. Ben stated that Lower Valley Energy, Silverstar, and the Water District have easements to get to the
property. Ben stated that he is not really a developer, but just trying to build a house on 20 acres and sell the
excess land he owns. Karen questioned if he owned lot 6. Ben answered that yes, he owns lot 6 and 4. Ben
asked for questions. Karen hearing none, asked for any other discussion between board members. Hearing
none, Karen asked for a motion regarding the Good Neighbor Subdivision Third Filing with the addition
Emmett made on point 3 to revise that line adding, “for each phase”. Luke motioned to approve 207 MS 22
Good Neighbor Subdivision Third Filing with findings A. thru C., conditions of approval 1. thru 4., and
authorization for board chairman to sign the developer agreement having the extra agreements for each
phase under the conditions of approval point 3 adding, “the developer and county shall enter into agreement
for each phase”. Pam seconded. Motion passed.
X OTHER PLANNING MATTERS
Karen invited Amy to come and talk to the commission about the election of officers. Amy presented the
topic of electing Vice Chair and Chair. Amy thanked Tom and Karen for serving this last year as Chair, and
Vice Chair. Discussion concerning election of officers continued. Karen questioned if the commission
should wait to elect officers when everyone is present. Discussion concerning waiting to elect officers
continued. Karen questioned about what location is best to have the county attorney, Aaron, at for the
meetings. Amy answered that in regards to that question, there would need to be a discussion with attorney
staff, but it is her understanding that because of the light agendas Aaron has chosen to stay in Kemmerer.
Marlowe asked if he may make a comment. Karen called upon the public for any comments. Marlowe stated
that for the more controversial applications having a chairman in Afton would be beneficial and possibly a
vice chairman in Kemmerer due to the fact that most projects are located in north end of the valley. Marlowe
also stated that it makes it easier for the chairman to be where there is more public comment especially when
we have, on a few occasions, had technical issues with the zoom meetings and cameras. Karen asked if there
was anyone wanting or not willing to be the chairman. Chad answered that he would not want to because he
is new to the commission. Karen asked Luke if he would accept a nomination to be the Chair. Luke
answered that he would accept. Discussion about the possibility of tabling the election for two months when
all members can be in attendance continued. Karen called for any motion to either table or elect an officer.
Chad motioned to elect Luke as the chairman. Pam seconded. Motion passed. Karen asked for discussion for
vice chair. Discussion followed. Chad nominated Karen as vice chair. Luke seconded. Motion passed.
Karen stated that Amy will now present information about a meeting in December. Amy stated that the
Planning and Zoning Commission generally does not meet in December, but this is up for discussion due to
the backflow of projects. Amy stated that she does not expect a decision tonight, but needs to be decided for
the September meeting. Discussion followed. Amy presented information for the WYOPASS Conference in
Laramie, WY for September fourteenth through the sixteenth. Discussion followed. Chad questioned when
the staff would like to know who will be in attendance. Amy answered that they would like to know by the
next meeting. Amy stated that staff will send the WYOPASS conference information to the commission
members. Luke asked if there was a digital version of the commission packet. Amy answered that yes, there
is one posted online. Karen asked if the commission could have contact information for each other. Amy
answered that yes, that is something that staff could get sent out. Karen also asked what the status of hiring a
planning director was. Amy answered that she understands that there is an offer being made to someone.
Amy gave some more information about the potential planning director. Karen stated that she would
appreciate a workshop for water rights. Emmett stated that maybe it could work with the State Engineers
Office to have one together. Chad agreed with the need for a workshop. Amy stated that she can send a
PowerPoint from a workshop with Aaron pertaining to water rights. Discussion continued. Karen asked for
a motion to adjourn.
ADJOURNMENT Chad made a motion to adjourn at 7:24 P.M. Pam seconded. Motion Passed.
_____________________________________ _____________________________________
Chair Dated Director Dated