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HomeMy WebLinkAbout423 SS 22 Heaven's View Subdivision 423 SS 22 BCC LINCOLN 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 APPLICANT: Syl Shawn McNinch PROJECT NAME: Heaven’s View Subdivision COMMUNITY PLAN AREA: Thayne ZONING: Rural REPRESENTATIVE: Fred Coles PLANNING STAFF: Katie Gipson PROPOSAL: A Simple Subdivision Application to subdivide 12.170 +/- acres into 2 lots with each lot being 6.085 +/- acres with an average lot size of 6.085 +/- acres in the Rural Zone. The project site is accessed off of Adams Way Co. Rd. 179. The lots will be served by the Bedford Community Water District and have individual septic systems meeting current state and county standards. LOCATION: The parcel is located 1.1+/- miles south of Star Valley Ranch, T34N, R118W, SE ¼ SE ¼ of Section 8, Lincoln County, Wyoming. ATTACHMENTS: 1. Subdivision Plat 2. Vicinity Map 3. Agency Correspondence STAFF RECOMMENDATION: Planning Staff recommends that the Board of County Commissioners Approve File # 423 SS 22 Heaven’s View Subdivision, a Simple Subdivision, with: ● Findings of Approval A thru C ● A Resolution of Approval LINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS STAFF REPORT SIMPLE SUBDIVISION APPLICATION HEARING TIME AND DATE: 10:00 A.M, SEPTEMBER 7, 2022 HEARING LOCATIONS: COUNTY COURTHOUSE COMMISSIONER BOARDROOM 3RD FLOOR, KEMMERER, WY & VIA VIDEO CONFERENCE AFTON BRANCH OFFICE BUILDING CONFERENCE ROOM, 421 JEFFERSON ST., AFTON, WY FILE # 423 SS 22 423 SS 22 BCC Findings of Approval: A. The proposed subdivision is consistent with the goals and objectives of the Lincoln County Comprehensive Plan. B. The proposed subdivision is consistent with the standards and procedures of the Lincoln County Land Use Regulations. C. The proposed Simple Subdivision is consistent with the provisions W.S. 18-5-301 through W.S. 18-5-315. AGENCY CORRESPONDENCE: Lincoln County Weed & Pest Control District: Noted at the time of this inspection, Musk Thistle, Canada Thistle, Leafy Spurge, Common Mullen, Field Bindweed and Hounds Tongue were present. These weeds are on the Wyoming State Noxious Weed list as well as the Lincoln County Noxious Weed list. These plants have proven to be very invasive and pernicious. According to Wyoming Statute it is illegal to allow any state or county noxious weed to propagate freely. The subdivision representative will need to contact Lincoln County Weed and Pest and explain their weed control strategy or work with us to devise one. Lincoln Conservation District: The Planning Office did not receive any comments from the Conservation District. It has been more than 60 days. S 89°44'53" W, 1425.85'Syl Shawn McNinch, TrusteeUnplatted(S 89°59'10" W, 33.00 feet Record)S 89°13'23" W, 33.20 feet MeasuredS 1°15'37" W, 886.69'N 0°28'07" W, 337.02' MeasuredS 89°44'53" W, 564.99' Measured121.77'S 89°44'53" W, 593.14' Measured455.01'S 89°54'40" E, 617.85'N 0°16'08" E, 553.36'S 89°54'40" E, 610.38'431.59'431.68'William &Wendy CassidyUnplatted0 50 100 150 200SCALE IN FEETPursuant to Sections 34-12-102 and 34-12-103 and Sections 18-5-301 through18-5-315 of the Wyoming Statutes 2019, as amended, HEAVEN'S VIEWESTATES SUBDIVISION was approved at the regular meeting of the Board ofLincoln 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. State 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 (N 0°08'24" E, 552.96' Record)County Road right-of-wayPriscilla MardenLot 4Mountain View Ranchettes(S 89°25'28" W, 565.03' Record)10.00'Powerline EasementHardman Canal30.00'(N 0°34'32" W, 341.41' Record)R = 60.00'L = 157.08'L = 157.08'30.01'69.89'215.53'71.09'30.01'PrivateAccessEasement30.01'33.28'County Road right-of-way33.28'16.08'20.00'Eugene & Candyce AgnewUnplattedPowerline Easement(East, 617.73' Record)RA & LG GriffithLot 1Mountain View RanchettesJohn &Marsha GallowUnplattedJanet PalmeroUnplattedKenneth &SusanneTaylorLot 1Taylor's Old TownGeoffrey &Amy HoweLot 2Taylor's Old TownCERTIFICATE of APPROVAL(S 89°25'28" W, 592.97' Record)This Plat was filed in the Office of the Clerk of Lincoln County, Wyoming on this ______ day of__________________ , ________. I, 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 "Heaven's View Estates Subdivision" and that thedimensions of the plat and the lots, block and easements are correctly shown;and that the lots are well and accurately staked. Total Number of Lots : 2Use of Lots: ResidentialAverage Lot size : 6.085 acresTotal area of Subdivision : 12.170 acresNo recreational, open or dedicated spaceCurrent County Zoning designation : RuralLAND USE TABLEPLAT WARNINGSTHE SELLER DOES NOT WARRANT TO A PURCHASER THAT THEPURCHASER HAS ANY RIGHTS TO THE NATURAL FLOW OF ANY STREAMWITHIN OR ADJACENT TO THE PROPOSED SUBDIVISION. THE STATE OFWYOMING DOES NOT RECOGNIZE ANY RIPARIAN RIGHTS TO THECONTINUED NATURAL FLOW OF A STREAM OR RIVER FOR PERSONSLIVING 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. WARNING: LOTS 1 AND 2 MAY BE LOCATED IN AREAS OF SEVERE SOILLIMITATIONS. SITE CONDITIONS MAY PREVENT THE USE OFCONVENTIONAL SEPTIC SYSTEMS AND BUILDING TECHNIQUES. CULINARY WATER TO BE PROVIDED BY THE BEDFORD COMMUNITYWATER SYSTEM. LOST CREEK ROAD (COUNTY ROAD NO. 120) AND ADAMS WAY (COUNTYROAD NO. 179S ARE MAINTAINED BY LINCOLN COUNTY. NO PUBLICMAINTENANCE OF THE PRIVATE ACCESS EASEMENT (W.S. 18-5-306,2021). PLAT ACCEPTANCE DOES NOT CONSTITUTE ACCEPTANCE OFROADWAYS AS COUNTY ROADS. ACCESS MAY BE DIFFICULT IN WINTERMONTHS. 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 OWNERS SHALLBE 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 ADJACENT TOTHIS SUBDIVISION AND AGRICULTURAL RELATED NUISANCES MAYEXIST WITH THE SUBDIVISION. SHOULD LANDS ADJACENT TO THISSUBDIVISION BE REMOVED FROM AGRICULTURAL USE THE 25 FOOTRESIDENTIAL NON-BUILDING BUFFER WILL NO LONGER BE IN EFFECTAND NORMAL SETBACK STANDARDS SHALL BE APPLIED. THE EXISTINGAGRICULTURAL OPERATIONS ARE PROTECTED BY W.S. 11-44-103, 2007. _______________________________April Brunski, ClerkState of Wyoming )) ssCounty of Uinta )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 SURVEYORLAND USE TABLECERTIFICATE of RECORDATIONPLAT WARNINGSDate: July 26, 2022 Job No. 22-60906 Main StreetEvanston, WY 82930(307) 789-4545Prepared by:Heaven's View SubdivisionScale: 1" = 1500'Location MapCorporate BoundaryTown of Star Valley RanchSouth one-quarter cornerSection 8, T34N, R118WBrass cap PELS 698Lost Creek Road (County Road No. 120)Molly Lane6.085 Acres(5.581 Acres Net)6.085 Acres(5.199 Acres Net)Lot 2Block 1Adams Way (Co. Rd. No. 179S)(S 1°08'15" W, 888.84' Record)Lot 1Block 1Set 5/8" x 24" steel bar w/ 1-1/2" aluminumcap inscribed "Fred Coles PLS 6927"Found 1" steel pipeSoutheast cornerSec. 8, T34N, R118WStandard GeneralLand Office brass capCalculated position. No monument setU.S. Public Land Survey System corner monumentFound survey monument inscribed "PE/LS 698"LEGENDThe foregoing instrument was acknowledged before me by Syl Shawn McNinch, Successor 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. Know all men by these presents that Syl Shawn McNinch,Successor Trustee of the Decendent's Trustcreated under the 7 M + Revocable Trust dated March 26, 1998, hereby certifies that the foregoing"Heaven's View Estates Subdivision" is a subdivision of part of the S1/2 SE1/4 of Section 8, Township 34North, Range 118 West, 6th P.M., Lincoln County, Wyoming, said Subdivision being all that landdescribed by Quitclaim Deed in Book 410 on Page 361 of the Lincoln County Records (McNinch Parcel),and being more particularly described as follows: Commencing at the Southeast corner of said Section 8 and running thence S 89°44'53" W 593.14 feetmeasured (S 89°25'28" W, 592.97 feet record) along the South boundary thereof to the Southeast cornerof said McNinch Parcel and the POINT OF BEGINNING; thence along the boundary of said McNinch Parcel the following six (6) courses: continuing S 89°44'53" W, 564.99 feet measured (S 89°25'28" W, 565.03 feet record) to the Southwestcorner thereof; thence N 0°28'07" W, 337.02 feet measured (N 0°34'32" W, 341.41 feet record) to a corner thereof; thence S 89°13'23" W, 33.20 feet measured (S 89°59'10" W, 33.00 feet record) to a corner thereof; thence N 0°16'08" E, 553.36 feet measured (N 0°08'24" E, 552.96 feet record) to the Northwest cornerthereof; thence S 89°54'40" E, 617.85 feet measured (East 617.73 feet record) to the Northeast corner thereof; and thence S 1°15'37" W, 886.69 feet measured (S 1°08'15" W, 888.84 feet record) to the POINT OFBEGINNING. Said Heaven's View Estates Subdivision containing 12.170 acres, more or less. And that the survey and staking thereof into lots, a block and easements is with the free consent andaccording to the desires of the undersigned owner; that the foregoing is a correct plat of said Heaven'sView Estates Subdivision as surveyed and staked into lots, a block and easements, and that thedimensions are correctly shown on this plat by figures representing feet and hundredths of a foot; that theundersigned owner hereby dedicates to duly franchised electric utility companies the benefit of thePowerline Easement; that the undersigned owner hereby dedicates to the public the benefit and use ofthe Adams Way (County Road No. 179S) and Lost Creek Road (County Road No. 120) rights-of way; andthat the undersigned owner hereby dedicates to the owners of lots within the Heaven's View EstatesSubdivision the benefit and use of the Private Access Easement. The dedication is made subject to anyexisting easements and rights of way or mineral or mining reservations of record. CERTIFICATE of OWNERHeaven's View EstatesSubdivisionWitness my hand this _______ day of _________________, _______.________________________________Syl Shawn McNinch, Successor 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 )Owner: Syl Shawn McNinch Trustee of the Decedent's Trust Created Under the 7M+ Revocable Trust dated March 26, 19984985 West Woodburne RoadWest Jordan, UT 84081Located in theSE1/4 SE1/4 of Section 8T34N, R118W, 6th P.M.Lincoln County, WyomingR 1 1 8 WT34N8Bluebird LaneLost Creek Road (County Road No. 12-120)Adams Way (County Road N. 12-179S)ShawnMcNinch,Trustee JXne 15, 2022 TR WhRm IW Ma\ CRQceUQ, AQ iQVSecWiRQ Rf Whe SURSRVed,Heaven’s View Estates Subdivision located in the SE1/4 SE1/4 of Section 8, T34N, R118W,in LincRln CRXnW\, W\Rming.The SXUSRVe Rf WhiV iQVSecWiRQ ZaV WR Vee if WheUe aUe aQ\ Rf Whe QR[iRXV ZeedV aV WR W.S. 11-5-102 (a) ([i). 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