Loading...
HomeMy WebLinkAbout703 PZ 20 Final PlatLINCOLN 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:CVigne Holdings Limited Partnership, c/o Charles Vigne PROJECT NAME:89 Business Park Commercial Suites Final Plat COMMUNITY PLAN AREA:Thayne ZONING:Mixed SURVEYOR:Surveyor Scherbel, LTD PLANNER:Emmett Mavy ____________________________________________________________________________________ PROPOSAL:A Major Subdivision Final Plat approval for 9 units on 89 Business Park, Lot 18W, to be called 89 Business Park Commercial Suites. All units are subject to WYDEQ approval for water and septic requirements, and subject to the Rolling Acres Homeowners Association private road and bridge maintenance agreement recorded Book 1052 Page 828. Preliminary Plat 703 PZ 20 that was approved Sept 2nd 2020. Access is off Cedar Creek County Road No. 118 via private road Canal Street LOCATION:1.2 +/- miles west of Town of Star Valley Ranch, Wyoming in Section 35, Township 35 North, Range 119 West. ____________________________________________________________________________________ ATTACHMENTS: 1.Final Plat 2.Vicinity Map 3.Development Agreement 4.Final Determinations:- 103 PZ 19 Master Plan Approval,108 PZ 19 Revised Master Plan Approval, 415 SS 19 Simple Subdivision Approval, 703 PZ 20 Preliminary Plat Approval 5.Letter from John Woodward regarding height restrictions 6.Operating Agreement with Freedom Wyoming Water & Sewer District 703 PZ 20 – FINAL PLAT BCC PLANNING STAFF RECOMMENDATION: Planning Staff recommends that the Board of County Commissioners approve file #703 PZ 20, a Major Subdivision Final Plat, with: ●Findings of Approval A. through D. ●Resolution of Approval FINDINGS OF APPROVAL: A.The proposed subdivision plat is consistent with the provisions of the Wyoming Statutes regarding county subdivisions, including: a.Star Valley Conservation District Review, b.Safe and Adequate Water Supply, c.Public Notice in Newspaper of General Circulation B.The proposed subdivision plat is consistent with the goals and objectives of the Lincoln County Comprehensive Plan, including: a.Provisions for development near existing community infrastructure, b.Orderly land use development C.The proposed subdivision plat is consistent with the policies and standards of the Lincoln County Land Use Regulations, including: a.Procedures for Preliminary Plat Application, b.Residential Density Standards, c.Mixed Zone Subdivision Improvement Standards D. The proposed subdivision plat is consistent with is consistent with the provisions of an approved Master Plan for Rolling Acres Subdivision File #103 PZ 19 as approved by the Board of County Commissioners on September 4, 2019, and File #108 PZ 19 Revised Master Plan approved by the Board of County Commissioners on October 2, 2019. The proposed plat is also consistent with the approved Preliminary Plat Permit 703 PZ 20, including the satisfaction of the Development Agreement for 89 Business Park Commercial Suites. BACKGROUND: The Simple Subdivision File (415 SS 19) for 89 Business Park for a 9.10 +/- acres commercial lot was approved on January 8, 2020 as part of a Phased Master Plan (103 PZ 19) that was approved in September of 2019 with a revised Master Plan (108 PZ 19) approval in October of 2019 and a Preliminary Plat (703 PZ 20) was approved on September 2nd of 2020. The project includes a nine (9) unit Commercial Complex, each building to be 8,000 sq. ft. with warehouses designed with an office and storage area, with each of the warehouses separated into 703 PZ 20 – FINAL PLAT BCC approximately 4- 6 individual units to be sold individually in which one of the nine lots, Lot 18W, is designated on the master plan as commercial complex lot. There are also multi-family residences and single-family residences. Each unit will require a Zoning & Development Permit to construct the building. Height restrictions are imposed by the approved Master Plan for buildings along HWY 89 and are limited to 30’ in height.As per a letter written by previous planner John Woodward regarding the 89 Business Park (August 24, 2020 see attached)A planner may impose size limits based upon property line setbacks, adequate parking, loading, drainage and snow removal during the Zoning & Development Permit process. Building size and use of a future building could trigger fire sprinkler requirements by the Wyoming Department of Fire Prevention and Electrical Safety. If these requirements are too expensive, then the builder may downsize for financial reasons. The intersection of U.S. 89 and Cedar Creek CR 118 has a couple of existing commercial uses with the Izatt Sawmill and the North Ridge Commercial Building. The location may substitute for the lack of developed commercial space at the Town of Star Valley Ranch. 703 PZ 20 – FINAL PLAT BCC BEFORE THE BOARD OF COUNTY COMMISSIONERS LINCOLN COUNTY, WYOMING In the Matter of 89 Business Park Commercial Suites Subdivision Preliminary Plat Request for Major Subdivision Preliminary Plat Application File No. 703PZ 20 FINAL DETERMINATION THIS MATTER having come before the Board of County Commissioners on the 2nd day of September, 2020 for a Major Subdivision Preliminary Plat Application. The Board of County Commissioners have reviewed the plat, the Staff Report by the Planning Office, and heard any relevant evidence from the applicant, and others regarding the project. The Board of County Commissioners hereby makes the following: FINDINGS OF FACT This is a Major Subdivision Preliminary Permit Application proposal Simple Subdivision File 415 SS 19 for 89 Business Park for a 9.10 +/- acres commercial lot was approved on January 8, 2020 as part of a Phased Master Plan that was approved in September of 2019 with a revised Master Plan approval in October of 2019. Applicant is now seeking Major Subdivision Preliminary Plat approval fob units on 89 Business Park Lot 1, to be called 89 Business Park Commercial Suites. Access is off Cedar Creek County Road No. 118 via private road Canal Street. All units are subject to WYDEQ approval for water and septic requirements. This part of the Master Plan & Revised Master Plan approval is 1.2 +/- miles west of Town of Star Valley Ranch, Wyoming. PLANNING STAFF RECOMMENDATION: Planning Staff recommends that the Board of County Commissioners approve file#703 PZ 20,a Preliminary Major Subdivision Plat,with: Findings of Approval A. through D. Conditions ofApproval 1. through 3. Authorization for the Chairman to sign a Development Agreement FINDINGS OF APPROVAL: A. The proposal is consistent with the provisions of W.S. 18-5-301,et seq. authorizing counties to regulate subdivision proposals, including: a. Chapter 23 environmental review of proposed water and wastewater systems by Department of Environmental Quality, B. The proposal is consistent with the goals and objectives ofthe Lincoln County Comprehensive Plan for efficient land use planning, including: a. Provisions for development near existing community infrastructure, b. Orderly land use development. C. The proposal is consistent with the provisions of the I.incoln County Land Use Regulations,including: a. Section 1.7. Master Plan Projects, b. Chapter 4, Subdivisions c. Table 6.2 Residential Density Table including Required Improvements D. The proposal is consistent with the provisions of an approved Master Plan for Rolling Acres Subdivision File#103 PZ 19 as approved by the Board of County Commissioners on September 4,2019, and File#108 PZ 19 Revised Master Plan approved by the Board of County Commissioners on October 2,2019. CONDITIONS OF APPROVAL: 1. Significant alterations to the approved master plan shall require additional permit. 2. Prior to final plat approval,the appropriate conditions of approval for the approved Master Plan shall be satisfied, including: a. Compliance with WYDEQ Stormwater Discharge Permit Program b. Re-seeding ofdisturbed areas to prevent weed infestation c. Development of Conditions, Covenants and Restrictions, CCRs,that at a minimum provide for ongoing road maintenance 3. Developer and County shall enter into a Developer Agreement,that identifies obligations of the applicants/Developer that shall be completed prior to Final Plat approval,to: a. Insure installation of subdivision improvements, i.e. electrical power,telephone or fiberoptics and monuments to each lot, and asphalt Canal Street with installation of buffers/berms and road signage; b. Provide for final plat approval upon satisfaction of agreement terms; c. Paving of both access driveways shall be performed after installation of first building; d. 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. CONCLUSIONS OF LAW This Major subdivision IS/IS NOT CONSISTENT with the following required findings of the Lincoln County Land Use Regulations and Comprehensive Plan: The proposed Major subdivisio IS NOT consistent with the goals, objectives, and policies of the Lincoln County C: prehensive Plan, specifically Section IV. The proposed Major subdivisionIS / IS NOT consistent with the standards and procedures of the Lincoln County d Use Regulations. W The proposed Major subdivisio 40/ IS NOT consistent with the provisions W.S. 18-5- 301 through W.S. 18-5-315, 201 . Now,therefore,based on these findings,the Board of County Commissioners takes the following action: 6/Approve the Major Subdivision Preliminary Plat application with the conditions and with required findings,as noted; Approve the Major Subdivision Preliminary Plat application subject to modifications and conditions as the Board deems necessary in order for the project to meet required findings; Deny the Major subdivision Preliminary Plat application stating findings in support of the action; or O Table the Major subdivision Preliminary Plat application and direct the Applicant/ Planning Zoning Commission / Planning Staff to take specific steps to bring the application into conformance with the standards and the policies of the Land Use Regulations, and the goals and objectives of the Comprehensive Plan. The Chairman shall set a specific date when the application is to be heard again. DETERMINED this 2nd day of September, 2020. Kent Con lly, Chairici-- CERTIFICATE OF MAILING I,Qirtj " oer hereby certify that on the 0n4 day of Sept-ember— , 2020, I caused a true and correct copy of the foregoing Final Determination to be served by depositing the same in the United States mail, duly enveloped, postage prepaid, addressed to: CVigne Holdings Limited Partnership 1195 NW 165th St. Citra, FL 32113 4A,L,1,-- b-(-J2--3-- Corey Roberts FREEDOM, WYOMING WATER & SEWER DISTRICT WATER USER AGREEMENT TIDS WATER USER AGREEMENT entered into between the FREEDOM, WYOMING WATER & SEWER DISTRICT, hereafter called the "District", acting by and through its Board of Directors, and Bq B LtSIHEsS PARI(, Member(s) of the District, hereafter called "Member". CDM"1E:R.c1AL Sl..l1if WITNESSETH: WHEREAS, the Member desires to purchase water from the District and to enter into a water users agreement as required by the Bylaws of the District. NOW THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained, it is hereby understood and agreed by the parties hereto as follows: THE DISTRICT'S COMMITMENTS TO THE MEMBER: The District agrees to furnish, subject to the limitation set out in its Bylaws and Rules and Regulations now in force or as hereafter amended, such quantity of water as the Member may desire in connection with the Member's occupancy of the following described property: I. Commonly Known as: .• · .... !' ::.':. ··:,Jo):. ~--~· :J .: .. .-C'. 2. Legal Property address : 3. Legally described as: R. ll9 W J..1NCCL.N 1o s 6-8, /iw 'j 8't FB ~edo11,LJ t!. 8~ I~~: :::~:;Y _,~t.w 1/:±_ ~w Yii Se cr 10 N '3 5 T 3S'"N Co 1.1 r-i r'i W ';OM t NG The District shall install at the District's expense, pursuant to Section 17 of its Bylaws, a water meter, a cuto:tfvalve and a service line that shall begin at the water main line and extend to the property line. The District shall have exclusive right to use such cutoff valve and water meter. The service line shall connect with the main line of the District at the nearest place of desired use by the Member, provided the District has determined in advance that the system has sufficient capacity to permit delivery of water at that point. The District shall have final authority in any questions oflocation any service line connection to its water main line; shall determine the allocation of water to Members in the event of a water shortage, and may shut off water to a Member who allows a connection or .extension to be made of the Member's service line for the purpose of supplying water to another user. In the event the total water supply shall be insufficient to meet all of the needs of the Members, or in the event there is a shortage of water, the District may prorate the water available among the various Members on such basis as is deemed equitable by the Board ofDirectors, and may also prescribe a schedule of hours coyering use of water for garden purposes by particular Members and require adherence thereto or prohibit the use of water for garden purposes, provided that, if at any time the total water supply shall ,,. •· ·. ·,. ··• >,·.' ·' .. -, ,. . ·.,, . .·t :-.:: ·~·~--: .... : :·' ::.: .,. . :?·.;! .. ' .. .. be insufficient to meet all of the needs of the Members, the District must first satisfy the needs of all Members for domestic purposes before supplying any water for livestock purposed and must satisfy all the needs of all Members for both domestic purposes and livestock purposes before supplying any water for garden purposes. THE MEMBER'S COMMITMENTS TO THE DISTRICT: The Member agrees to comply with and be bound by the Bylaws, Rules and Regulations of the District, now in force, or as hereafter duly and legally supplemented or amended. The Member agrees to pay for water at such rates as are established by the District in Section 19 of its Bylaws, and at such time, and place, as set by the District, and further agrees to the imposition of such penalties for noncompliance as are set out in the the District's Bylaws and Rules and Regulations, now in force, or as hereafter duly and legally supplemented or amended. The Member shall install and maintain at the Member's expense a service line that shall begin at the meter and extend to the dwelling or place ofuse. The service line shall connect to theDistrict's water meter. The Member shall be responsible for the service line from the water meter to the home pursuant to the requirements of the District's Bylaws, shall also be responsible for the installation and proper operation of an approved back-flow device, and shall provide the District with a map of the service line as required by Paragraph 5 of Section 9 of the District's Bylaws. The Member shall connect the service line to the District's water meter and shall commence to use water from the system on the date the water is made available to the Member by the District. Water charges to the Member shall commence on the date service is made available, regardless of whether the Member connects to the system. The Member agrees that no other present or future source of water will be connected to any water lines served by the District's waterlines and will disconnect from any existing water supply prior to connecting to the District's system. IN WITNESS WHEROF, we have executed this agreement this / L day of Av-1 ..,~ , 20--3:::L. FREEDOM, WYOMING WATER & SEWER DISTRICT . BY, ~i::l CH.A NOF THE BOARD MEMBER MEMBER ' . . ' •. :e-.••• . . . ;, :• -· ·-.' .. , . ..,.., : ' ·:. /·~ . . . ... _-~ .. ~· '-;'f · .. :~ .. >· .' !:: : _: t.~ • '. • ::: JI!~, . ,,: 1-', : ,• •\:· .. ,._ ,-. . ·-. ;; .,,t -_: \ , .... , . ._ Northern ntle Company -Thayne 480 N. Main Street Thayne, WY 83128 N'IL-79985 CVigne Holdings Limited Partnership ff04117 1/18/11117 8:34 AM UNCOLN COUHlY FEES: $15.00 PAGE 1 OF 2 BOOK: 1!10 PAGE: I08 DEED, WD JEANNE WAGNER, UNCOLN COUHlY a.J:RK WARRANTY DEED Roice LaVard Jackson and Donlee L. Jackson, Successor Trustees of the Jackson Family Trust dated the 17th day of February, 1999 GrantoI{s) of Freedom, State of WY hereby CONVEY AND WARRANTto CVigne Holdings Limited Partnership, a Nevada Limited Partnership Grantee(s) of 1195 N.W. 165th Street, Citra, State of Florida for the sum of TEN DOLLARS AND OTIIER GOOD AND VALUABLE CONSIDERATION, the following described tract of land in Lincoln County, State of WY, hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of Wyoming, to wit: PART OF TIIE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIIP 35 NORTH, RANGE 119 WEST OF TIIE 6TH P.M. LESS: TIIE STATE AND COUNTY ROAD RIGHT-OF-WAYS. ALSO LESS: BEGINNING AT A SPIKE ON TIIE EASTERLY RIGHT-OF-WAY LINE OF U.S. IIlGHW AY 89, EAST, 56.02 FEET FROM TIIE SOUTHWEST CORNER OF SAID SECTION 35; TIIENCE EAST 616.53 FEET, ALONG SAID SOUTH LINE, TO A SPIKE; TIIENCE N 00°15'22" E, 334.07 FEET, ALONG AN EXISTING FENCE LINE, IN PART, TO A POINT AT A FENCE CORNER; TIIENCE N 89°41 '34" W, 378.88 FEET, ALONG AN EXISTING FENCE LINE, IN PART, TO A POINT; TIIENCE S 89°54'16'' W, 240.35 FEET TO A POINT ON THE EASTERLYRIGHT- OF-WA Y LINE OF U.S. IIlGHW AY 89; TIIENCE S 00°12'16" E, 335.70 FEET, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, TO TIIE SPIKE OF BEGINNING. ALSO LESS : COMMENCING AT TIIE SOUTHWEST CORNER OF SAID SECTION 35; TIIENCE N 00°05'46" W, 335.61 FEET ALONG THE WEST LINE OF SAID SW1/4SW1/4 TO A SPIKE; TIIENCE N 89°54'16" E, 55.38 FEET TO THE POINT OF BEGINNING ON THE EASTERLY RIGHT-OF-WAY LINE OF U.S. IIlGHWAY 89; TIIENCEN00°12'16" W, 180.26 FEET ALONG SAID EASTERLY RIGHT-OF-WAY LINE TO A POINT AT A FENCE CORNER; TIIENCE S 89°42'13" E, 239.69 FEET ALONG A LINE WIIlCH APPROXIMATES THE EXISTING FENCE LINE, TO A POINT; TIIENCE S 00°25'03" E, 178.63 FEET ALONG AN EXISTING FENCE LINE, IN PART, TOAPOINT; TIIENCE S 89°54'16" W, 240.35 FEET TO THE POINT OF BEGINNING; ALSO LESS: BEGINNING AT THE SOUTH QUARTER CORNER OF SECTION 35, TOWNSIIlP 35 NORTH, RANGE 119 WEST, 6TH P.M., WYOMING AND RUNNING TIIENCE NORTH 620 FEET; TIIENCE WEST 330 FEET; THENCE SOUTH 220 FEET; THENCE EAST 300 FEET; THENCE SOUTH 400 FEET; THENCE EAST 30 FEET TO POINT OF BEGINNING. ALSO LESS: BEGINNING 620 FEET NORTII AND 330 FEET WEST OF TI-IE SOUTII QUARTER CORNER OF SECTION 35, TOWNSHIP 35 NORTII, RANGE 119 WEST, 6TII P .M., LINCOLN COUNTY, WYOMING; TIIENCE CONTINUING WEST 374 FEET; TIIENCE SOUTII 620 FEET; TIIENCE EAST 674 FEET; TIIENCE NORTII 400 FEET; TIIENCE WEST 300 FEET; TIIENCE NORTII 220 FEET TO TI-IE POINT OF BEGINNING. ALSO LESS: BEGINNING BEING 704.00 FEET N 89°08' 16" w, ALONG TI-IE NORTII LINE OF TI-IE NWl/4 OF SECTION 2, OF T34N, OF SAID Rl 19W, FROM TI-IE MARLOWE A. SCHERBEL RLS 5368, 1995 ACCEPTED LOCATION FOR TI-IE NORTIIEAST CORNER OF SAID NWl/4; TIIENCE N 89°08'16" W, CONTINUING ALONG SAID NORTII LINE, 703.43 FEET TO A POINT IN TIIB APPROXIMATE CENTER LINE OF TI-IE EAST SIDE CANAL, SAID POINT BEING 1,228.36 FEET S 89°08'16" E, ALONG SAID NORTII LINE, FROM TI-IE NORTIIWEST CORNER OF SAID NWl/4; TIIENCE NORTIIERL Y ALONG SAID CENTER LINE TI-IE FOLLOWING: N 18°45'30" W, 36.19 FEET; N 17°32'31" W, 68.75 FEET; N 15°37'09"W, 58.41 FEET;N 11°39'42"W, 77.96 FEET; N 12°34'29" W, 42.68 FEET; N 1 °35'3T' E, 23.17 FEET; N 17°18'54" E, 50.08 FEET; N 23°06'16' E, 108.49 FEET; AND N 2°49'18" E, 175.55 FEET; THENCE S 89°08' 16" E PARALLEL WlTII SAID NORTII LINE, 718.48 FEET TO TIIB NORTIIWEST CORNER OF SAID D. JACKSON PROPERTY; TIIENCE S 0°48'0T' WP ARALLEL W1TII TIIE EAST LINE OF SAID SWl/4, 620.00 FEET TO TIIB POINT OF BEGINNING. Subject to easements, declarations of coven.ants and restrictions, rights of way of record, and taxes for the current year and thereafter. Witness, the hand(s) of said Grantor(s ), this December 30, 2016 ·o.FENTON NOTAR'V?UBUC COUNTYOF STATEOF UNCOUI W WYOMING ll{C0MM1$SiOHEXPIAESOCTOBER2L 2019 State of WY County of Lincoln Roice LaVard ?ackson, Successor Trustee AWio~• DonleeL.Jackson, sucYsorrrustee On December 30, 2016, personally appeared before me Ro ice La V ard Jackson and Donlee L. Jackson, Successor Trustees of the Jackson Family Trust dated the 17th day of February, 1999 the signer(s) of the within instrument, who duly acknowledged to me that they executed the same. Notary Public BEFORE THE BOARD OF COUNTY COMMISSIONERS LINCOLN COUNTY, WYOMING In the Matter of Phased Master Plan for Commercial, Multi-Family & Single Family Residential Lots Request for Conditional Use Permit Application File No. 103 PZ 19 FINAL DETERMINATION THIS MATTER having come before the Board of County Commissioners on the 4th day of September, 2019 for a Conditional Use Permit Application. The Board of County Commissioners have reviewed the application, the Staff Report by the Planning Office, and heard any relevant evidence from the applicant, neighbors, governmental agencies, and other concerned citizens regarding the project. The Board of County Commissioners hereby make the following: FINDINGS OF FACT This is a Conditional Use Permit for a Master Plan on 131 +/- acres to be completed in phases from 2019 through 2021. The project includes lots for a nine (9) unit Commercial Complex, each building to be 8,000 sq. ft. with height not to exceed 20 feet, with warehouses designed with an office and storage area, with each of the warehouses separated into approximately 4-6 individual units to be sold individually, multi-family residences and single family residences.. The plan would consist of three phases. Phase Ito includes proposed Lots 1, 2, 12, 13, 14 and 15 with platting to be completed in 2019. Phase II Lot 24 — Commercial Complex — construction and platting to be completed in 2019. Phase III includes Lots 16 through 23 with platting to be completed in 2020 and Phase III Lots 3 through 11 with platting to be completed in 2021. Lots 16, 20, 21, 22, and 23 are designated as commercial/multi-family. The project is located approximately 1.0 mile west of the Town of Star Valley Ranch in the SW 1/4 of Section 35, Township 35 North, Range 119 West, with a current existing access from US Highway 89 and Cedar Creek County Road No. 118. The land area is located in Township 35 North, Range 119 West, Section 35, 6th Principle Meridian, Lincoln County,Wyoming. BACKGROUND: The project will have commercial office/warehouses,commercial/multi-family lots and commercial lots in the 67 +/- acres of Mixed Zone. The Rural Zone area, approximately 64+/- acres in size, will have single family lots ranging between five and ten acres in size. The Planning and Zoning Commission focused on the appearance of the project from the highway frontage and also on the impacts to the Hunsaker property. The proposed landscaping conditions are intended to mitigate some of the visual and noise impacts. The developer proposes to expand the Freedom water system to meet the demand for the project. At the July 31, 2019 Planning and Zoning Commission Meeting, public comments were heard from Kendall Jenkins who spoke against the project citing highway right-of-way impacts and concerns about the Freedom water system capacity. Jill Hubbard noted Cedar Creek traffic as a problem now and will increase with additional vehicles. CORRESPONDENCE: Mark Baron, P.E., SW District Engineer, Wyoming Department of Environmental Quality, has commented that water system designs for the project need permit approval from WYDEQ. Darin Kaufman, P.E., PTOE,Traffic Engineer,Wyoming Transportation Department, has commented that all of the access for the project should be planned from the Cedar Creek County Road 118 rather than directly from the US Highway 89. Darin's decision was appealed to the Access Review Committee who determined that one access could remain on Highway 89 with conditions: 1. Four field accesses would be abandoned, and 2. A traffic impact study will be performed before approval of a single U.S. 89 access point. It was agreed that the development of the Highway 89 access would wait for the five lane expansion project. The Mayor of the Town of Star Valley Ranch, Kathleen Buyers,commented that they feel that the zoning change will enhance their community and that the commercial section will be a positive move forward for the Star Valley Ranch area. In a combined email comment,Curtis and Sheila Hunsaker, Gary and Erva Reamsbottom, and Zachary and Joshua Hunsaker noted that although they are not completely opposed to the rezoning or the plan itself but have some concerns about the plan building layout for the nine (9) commercial buildings so close to residential sites, and ask the owner/developer to look at the three options they propose. PLANNING & ZONING COMMISSION RECOMMENDATION: At the July 31, 2019 meeting, Planning and Zoning Commission sent a recommendation of APPROVAL to the Board of County Commissioners for File# 103 PZ 19, a Conditional Use Permit Application, with: Findings of Approval A. thru C. Conditions of Approval 1. thru 3. FINDINGS OF APPROVAL: A. The project, with conditions, is consistent with the standards of the Land Use Regulations and the goals and objectives of the Comprehensive Plan; B. The project, with conditions, will not substantially impair the appropriate use of the neighboring property; and will serve the public need,convenience and welfare; C. The project,with conditions, is designed to be compatible with adjacent land uses and the area of its location. CONDITIONS OF APPROVAL: 1. Maximum building height of 30 feet along U.S. Highway 89. 2. A 25 feet buffer/setback along U.S. Highway 89 and along Hunsaker boundary. 3. a. North of new U.S. Highway 89 approach, 6 feet trees and shrubs clusters of 3 or more near buildings; b. South of new U.S. Highway 89 approach, 4 feet trees and shrubs on 3 feet berm in clusters of 3 or more near buildings; c. North half of Hunsaker eastern lot line, 3 feet berm with 4 feet trees and shrubs in clusters of 3 or more. CONCLUSIONS OF LAW This Conditional Use Applicatio IS IS NOT CONSISTENT with the following required findings of the Lincoln County L Use Regulations and Comprehensive Plan: ZVTheproposedConditionalUsIS NOT consistent with the standards of the Lincoln County Land Use Regulation .and IS / IS NOT consistent with the goals and objectives of the Lincoln County Comprehensive Plan. The proposed Conditional Use WILL / WIT substantially impair the appropriate use of neighboring property; and T , WILL NOT serve the public need, convenience and welfare. The proposed Conditional Use, /. IS NOT designed to be compatible with adjacent land uses and the area of its location. Now, therefore, based on these findings, the Board of County Commissioners takes the following action: Approve the Conditional Use Permit application with the conditions and with required findings, as noted; Ll Approve the Conditional Use Permit application subject to conditions and findings as the Board deems necessary; Deny the Conditional Use Permit application stating findings in support of the action; or Table the Conditional Use Permit application and direct the Applicant / Planning Staff to take specific steps to bring the application into conformance with the standards and the policies of the Land Use Regulations, and the goals and objectives of the Comprehensive Plan. The Chairman shall set a specific date when the application is to be heard again. DETERMINED this 4th day of September, 2019. Kent Co ly, Chai CERTIFICATE OF MAILING I, arcy -k*c hereby certify that on the `l day of Sec tmbec—2019, I caused a true and correct copy of the foregoing Final Determination to be served by depositing the same in the United States mail, duly enveloped, postage prepaid, addressed to: CVigne Holdings Limited Partnership c/o Charles Vigne 1195 N. W. 165th Street Citra, FL 32113 I Corey Roberts f 1 BEFORE THE BOARD OF COUNTY COMMISSIONERS LINCOLN COUNTY, WYOMING In the Matter of Revise File 103 PZ 19 Phased Master Plan Request for Conditional Use Permit Application File No. 108 PZ 19 FINAL DETERMINATION THIS MATTER having come before the Board of County Commissioners on the 2nd day of October, 2019 for a Conditional Use Permit Application. The Board of County Commissioners have reviewed the application, the Staff Report by the Planning Office, and heard any relevant evidence from the applicant, neighbors, governmental agencies, and other concerned citizens regarding the project. The Board of County Commissioners hereby make the following: FINDINGS OF FACT This is a Conditional Use Permit Application to Revise File #103 PZ 19 Phased Master Plan on 131 +/- acres. The original Master Plan of Development accompanied an application to rezone the part of the property situated west of the East Side Canal. That Master Plan application and Rezone application were approved by the Board of County Commissioners on September 4, 2019. The original plan called for six lots east of the canal and this revised plan proposes twelve lots. The lot size would go from ten acres to five acres. This revision came about after the county amended its requirements for five acre lots in the Rural Zone on July 3, 2019. This was several months after the original application for Master Plan and Rezone. While the old lot density regulations required central water and paved roadways for five acre average lot size, the new regulations allow individual water wells and gravel roadways. The project is located approximately 1.0 mile west of the Town of Star Valley Ranch in the SW1/4 of Section 35, Township 35 North, Range 119 West in the 6th Principle Meridian, Lincoln County, Wyoming BACKGROUND: The revised project includes lots for a nine (9)unit Commercial Complex, each building to be 8,000 sq. ft. with height not to exceed 20 feet,with warehouses designed with an office and storage area,with each of the warehouses separated into approximately 4-6 individual units to be sold individually in which one ofthe nine lots, Lot 18W,is designated on the master plan as commercial complex lot. There are also multi-family residences and single family residences. The plan would consist of five phases from 2019 to 2023 completion instead of original three phases with 2019 to 2021 completion. Phase I includes Lot 18W Commercial Complex with construction and platting to be completed in 2019. Phase II is Lots 14W-17W,designated as commercial/multi-family,with platting to be completed in 2020. Phase III includes Lots 16 through 23 with platting to be completed in 2020 and Phase III Lots 3 through 11 with platting to be completed in 2021. Phase III is Lots 10W-13W(Lot lOW designated as commercial/multi- family)with platting to be completed in 2021. Phase IV is Lots 1E-12E with platting to be completed in 2022 and Phase V is Lots 1W-9W with planning to be completed in 2023. The project is located approximately 1.0 mile west of the Town of Star Valley Ranch in the SW1/4 of Section 35,Township 35 North,Range 119 West,with current existing accesses from US Highway 89 and Cedar Creek County Road No. 12- 118. WYDOT has agreed to allow a single access point along US 89 provided that: the access be constructed in conjunction with the pending widening project;the access be located directly across from the Call Ready-Mix driveway; and,that a Traffic Impact Study shall be completed by the developer before construction approval. The intersection of U.S. 89 and Cedar Creek CR 118 has a couple of existing commercial uses with the Izatt Sawmill and the North Ridge Commercial Building. The location may substitute for the lack of developed commercial space at the Town of Star Valley Ranch. CORRESPONDENCE: David&Dawn Schultz and Senter& Phyllis Timmons,adjacent property owners,each sent a letter indicating against having the commercial and multi family use due to Cedar Creek Road being the main entrance off of HWY 89 and all the density of properties surrounding this access and the traffic already extremely busy. These comments are similar to those previously given by Jill Hubbard and by Martin Occhi when the original plan was first presented. While the development will increase traffic somewhat it will not be significant. Recent traffic counts indicate that the road still has capacity. Cedar Creek Road is very busy during summer months as it is a primary access to the Town of Star Valley Ranch,the only Wyoming town that depends entirely upon county road access. In addition,the state's largest RV Park, Star Valley Ranch RV Park,has its only access at the east end of Cedar Creek Road. Over the past decade, improvements made to Muddy String CR 117, Clark Lane CR 115 and Prater Canyon CR 116 have helped to spread the traffic burden away from Cedar Creek CR 118. PLANNING & ZONING COMMISSION RECOMMENDATION: At the September 25,2019 meeting,the Planning and Zoning Commission sent a recommendation to the Board of County Commissioners to Approve file#108 PZ 19,with: Findings of Approval A. through C. Conditions of Approval 1. through 3. FINDINGS OF APPROVAL: A. The project,with conditions, is consistent with the standards ofthe Land Use Regulations and the goals and objectives of the Comprehensive Plan; B. The project,with conditions,will not substantially impair the appropriate use ofthe neighboring property; and will serve the public need,convenience and welfare; C. The project, with conditions, is designed to be compatible with adjacent land uses and the area of its location. CONDITIONS OF APPROVAL: 1. Maximum building height of30 feet along U.S. Highway 89. 2. A 25 feet buffer/setback along U.S. Highway 89 and along Hunsaker boundary. 3. a. North of new U.S. Highway 89 approach, 6 feet trees and shrubs clusters of 3 or more near buildings; b. South of new U.S. Highway 89 approach,4 feet trees and shrubs on 3 feet berm in clusters of 3 or more near buildings; c. North half of Hunsaker eastern lot line, 3 feet berm with 4 feet trees and shrubs in clusters of 3 or more. CONCLUSIONS OF LAW This Conditional Use Application / IS NOT CONSISTENT with the following required findings of the Lincoln County Lan Use Regulations and Comprehensive Plan: he proposed Conditional Us IS IS NOT consistent with the standards of the Lincoln County Land Use Regulations and / IS NOT consistent with the goals and objectives of the Lincoln County Comprehensive Plan. Cr-Cr-The proposed Conditional Use WI / ILS, N substantially impair the appropriate use of neighboring property; and AIWA /WILL NOT serve the public need, convenience and welfare. The proposed Conditional Use /IS NOT designed to be compatible with adjacent land uses and the area of its location. Now,therefore,based on these findings,the Board of County Commissioners takes the following action: Is-Approve the Conditional Use Permit application with the conditions and with required findings,as noted; 0 Approve the Conditional Use Permit application subject to conditions and findings as the Board deems necessary; 0 Deny the Conditional Use Permit application stating findings in support of the action; or r D Table the Conditional Use Permit application and direct the Applicant / Planning Staff to take specific steps to bring the application into conformance with the standards and the policies of the Land Use Regulations, and the goals and objectives of the Comprehensive Plan. The Chairman shall set a specific date when the application is to be heard again. lilt! 0/i Qh c 0 r)sr u Cf" t^ et cQt p r eo r '1-v p U e. . rye n L.!`C j!n a r 0 l p 1 i vl . c Cb i (- DETERMINED this 2nd day of October, 2019. nt y, Chairman CERTIFICATE OF MAILING I,efe y +dab e rks hereby certify that on the dna day of 6 ca-ober 2019, I caused a true and correct copy of the foregoing Final Determination to be served by depositing the same in the United States mail, duly enveloped, postage prepaid, addressed to: CVigne Holdings Limited Partnership c/o Charles Vigne 1195 N. W. 165th Street Citra, FL 32113 Corey Roberts BEFORE THE BOARD OF COUNTY COMMISSIONERS LINCOLN COUNTY, WYOMING In the Matter of 89 Business Park, A Subdivision Request for Simple Subdivision Permit Application File No. 415 SS 19 FINAL DETERMINATION THIS MATTER having come before the Board of County Commissioners on the 8th day of January, 2020 for a Simple Subdivision Application. The Board of County Commissioners have reviewed the application, the plat, the Staff Report by the Planning Office, and heard any relevant evidence from the applicant, neighbors, governmental agencies, and other concerned citizens regarding the project. The Board of County Commissioners hereby makes the following: FINDINGS OF FACT This project is a Simple Subdivision application proposal to create a 9.10 +1- acres commercial lot in the Mixed Zone as part of an approved Revised Phased Master Plan (approved by the Board of County Commissioners on October 2, 2019). Access is off Cedar Creek County Road No. 118. The project was originally scheduled for the Board of County Commissioners Meeting on December 4, 2019 but the applicant requested a table to the January 8, 2020 Meeting to allow the owner (Chuck Vigne) and the adjoining landowner (The Roice Lavard Jackson Family Living Trust) to complete a boundary adjustment between their properties. The parcel is located 1.6 +1- miles west of Town of Star Valley Ranch, Wyoming within Township 35 North, Range 119 West, Section 35, 6th Principle Meridian, Lincoln County, Wyoming. CORRESPONDENCE: Star Valley Conservation District made no specific recommendations at this time. Lincoln County Weed & Pest noted Musk thistle and black henbane on the property and noted owner should contact Weed & Pest for mitigation and weed management plans. PLANNING STAFF RECOMMENDATION: Planning Staff recommends that the Board of County Commissioners Approve File # 415 SS 19 89 Business Park, A Subdivision, a simple subdivision, with: Findings of Approval A and B A Resolution of Approval 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. CONCLUSIONS OF LAW This Simple subdivision IS / IS NOT CONSISTENT with the following required findings of the Lincoln County Land Use Regulations and Comprehensive Plan: The proposed Simple subdivisio gi IS NOT consistent with the goals, objectives, and J policies of the Lincoln County Co .rehensive Plan 1 The proposed Simple subdivisio IS / IS NOT consistent with the standards and procedures ofthe Lincoln County L Use Regulations. I The proposed Simple subdivisio IS IS NOT consistent with the provisions W.S. 18-5- 301 through W.S. 18-5-315, 200 . Now,therefore, based on these findings,the Board of County Commissioners takes the following action: Approve the Simple Subdivision plat application with the attached conditions and with required findings; O Approve the Simple Subdivision plat application subject to modifications and conditions as the Board deems necessary in order for the project to meet required findings; Deny the Simple subdivision plat application stating findings in support of the action; or Table the application and direct the Applicant/ Planning Staff to take specific steps to bring the application into conformance with the standards and the policies of the Land Use Regulations, and the goals and objectives of the Comprehensive Plan. The Chairman shall set a specific date when the application is to be heard again. DETERMINED this 8th day of January, 2020. Kent nelly, Tirman CERTIFICATE OF MAILING l iorc. obcv}. hereby certify that on the day of 4nu_c rj 2020, I caused a true and correct copy of the foregoing Final Determination to be served by depositing the same in the United States mail, duly enveloped, postage prepaid, addressed to: CVigne Holdings Limited Partnership 1195 NW 165th St. Citra, FL 32113 Corey Roberts UV239 £¤89 Star Valley Ranch 06 30 3136 25 3433 26 35 28 27 04 03 02 0134N 119W 34N 118W 35N 118W35N 119W ³±118 East Canal Circle Troutwater Run Clearwater Lane Ol'Bounder Road BusinessWay Canal Street£¤89IZATT, WADE K SUCCESSORTRUSTEEIZATT, WADE K SUCCESSORTRUSTEE IZATT, WADE K SUCCESSORTRUSTEE CROOK, STANFORD CROOK, MARYE TRUSTEE CROOK, SHANE R& MICHELLE L CROOK, MARY E TRUSTEE LINCOLN COUNTY SCHOOLDISTRICT #2 CROOK, SHANE R & MICHELLE L FREEDOM HILLS, LLC AVAIL VALLEY RE-WY, LLC FREEDOM STAR CONSTRUCTION & PROPERTIES, LLC CALL, DEE W TRUSTEE EAGLERISING, LLC IZATT,STANLEY C & DERK HUNSAKER, CURTIS K & SHEILA D HAMILTON, JORDAN E & CAITLYN A FREEDOM HILLS, LLC LUTHI, MARKR & LISA FREEDOM HILLS, LLC FREEDOM HILLS, LLC MCKEE, ROSS E & DEBORAH LOPEZ,ANGELICA A MOCK, JOEL& FALLON ROLLING ACRES HOMEOWNER'SASSOCIATION, INC FREEDOM HILLS,LLC FREEDOM HILLS, LLC Maxar, Microsoft Major Subdivision Application Projects Buffer_703PZ20 US Highways WY Highways Township & Range Sections Municipalities File No 703 PZ 20 89 Business Park Commercial Suites - Final Plat Freedom Hills, LLC (Previously CVigne Holdings Limited Partnership) Prepared using available data by Destry Dearden, GISP on 1 Sept. 2022. Map is for informational purposes only and in no way represents an official survey of land.