HomeMy WebLinkAboutPZC Minutes Draft August 31, 2022
LINCOLN COUNTY PLANNING AND ZONING COMMISSION MINUTES
Wednesday, August 31, 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: Luke Lorimer, Chair Karen Anderson, Vice Chair Tom Crank Chad Jensen
Pam Price (Absent) Planning & Engineering Staff: Robert Davis, Planning Director
Amy Butler, Engineer Emmett Mavy, Planner II Katie Gipson, Development Administrator
County Attorney Staff: Spencer Allred (Absent) Vice Chair Karen Anderson called the meeting to order at 6:00 pm. Commission member, Pam Price and County Attorney, Spencer Allred were absent. A quorum was established. Amy welcomed everyone and invited them to introduce themselves. Each member of the Planning & Zoning Commission present introduced themselves individually as well as staff. Robert Davis, the new Planning Director, spoke of his planning background. The minutes for the Wednesday, July 27, 2022 meeting were presented for approval. Robert asked if there
were any comments on the minutes. Chad questioned the wording on the second page, first paragraph, 6 lines down. Chad explained that the sentence reading, “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,” the wording “out in,” does not make sense. Discussion about the meaning of this sentence followed. Karen asked if Emmett could clarify the sentence. Emmett answered that it should read, “to be constructed,” in place of “out in.” Emmett continued
that the second “out in,” should be changed to “completed.” Chad mentioned that he would like Robert to put some dimensional requirements on his parking lot list. Karen clarified that what Chad said about the dimensional requirements is not a minute change, but just a suggestion. Chad answered that she was correct. Chad stated that another error is on the third page, a third of the way down, reading, “Chad questioned what the standard size of a ditch is.” Chad explains that he asked what the standard size of a ditch easement is. Chad stated that he would request Robert to add finding out what ditch easements are to his parking lot list. Robert questioned what a parking lot list is. Chad explained that it is a list to address at another time. Chad stated that one more mistake is at the bottom of page 3, 5 lines down. The minutes read, “Karen questioned about what location is best to have the county attorney, Aaron, at for the meetings.” Chad stated that he believes that, “for” should be removed from the sentence. Karen asked for any other amendments to the minutes. Tom stated that he will not vote on the minutes because he was absent last meeting. Chad asked
who does the minutes. Amy answered that Mikayla, a part time employee in Kemmerer does the minutes with the help of Katie. Seeing no further comments, Karen asked for a motion to amend the minutes as suggested by Chad. Chad made a motion to approve the minutes. Tom Seconded. Motion Passed. Tom recused.
Karen turned the time over to Katie for the Development Report. Katie presented the Development Report
for July 27, 2022 to August 28, 2022. She stated that there were 24 residential use permits in north Lincoln County, 25 small wastewater permits, 1 residential use permit in south Lincoln County and 1 zoning and development permit. Karen asked for any comments. Marlowe Scherbel from the audience, asked if we had a year-to-year comparison from this year to last year. It was noted that we did do one last month. Discussion on the year-to-year comparison continued. Karen turned the time over to Emmett for another report. Emmett presented a report on the Land Use Permits for Star Valley from 2011 to 2022. Emmett stated that currently we stand at 141 residential use permits compared to last year at 161. Emmett stated that 300 land use permits, including small wastewater and driveway access permits, have been processed this year compared to the 364 processed last year. Emmett stated that we are at 82% of what we processed last year with four months still to go until the end of the year. Marlowe questioned if these numbers included permits
in municipalities. Emmett answered that we do not count the permits for residential, but for small wastewater we do. Karen questioned if there was any other comments or questions. Seeing none, she thanked Emmett and moved on to sketch plans.
Karen introduced Sketch Plan A, a minor subdivision of 3 lots in Colters View, within the S1⁄2SE 1⁄4 of Section 9, T33N R118W. Emmett responded that Sketch Plan A was withdrawn from the meeting, and
apologized for the late notice. Chad questioned why they withdrew the sketch plan. Emmett answered that he believed it was because they wanted to switch the type of subdivision they were doing. Marlowe stated that they now plan to do a major subdivision rather than a minor. Karen stated the next item on the agenda is 208 MS 22 Etna Village Estates Subdivision Phase II. A Minor Subdivision Preliminary Plat application as part of an approved Master Plan 704 PZ 05 proposal to subdivide 2.74 +/- acres into Five (5) residential lots, with an average lot size of 0.55 +/- acres, in the Mixed Zone. The lots will share existing subdivision roads; Etna Village Drive, Little Greys Loop, and Caribou Peak Loop. Each lot will connect to the Etna Water and Sewer District and have individual enhanced septic systems. Emmett presented the project to the Commission. Emmett stated that the Master Plan was approved in 2005 for two phases. Emmett stated that phase one was completed in 2007, and phase two is approved for 60 lots.
Emmett stated that because the planning office did not have planning director and major subdivisions were not moving forward the applicant decided to move forward as a minor with 5 residential lots at this time. Emmett stated that no new roads are needed to be installed. Emmett stated that at this time Lincoln County Weed and Pest and the State Engineer’s Office have not responded at the time of this meeting. Emmett stated that the Star Valley Conservation District did a report in 2005, and supported the requirement for enhanced septic systems due to the proximity to the Salt River. Emmett stated that the planning staff
recommends that the Planning and Zoning Commission sends a recommendation of approval to the Board of County Commissioners for File # 208 MS 22 a Minor Subdivision Preliminary Plat, with Findings A. thru C., Conditions of Approval 1. thru 4., and a recommendation for the Board Chairman to sign the Development Agreement. Emmett asked for questions. Karen thanked Emmett for the overview and asked the commission for any questions. Chad asked what the minimum lot size with public water and septic. Emmett answered that a half-acre lot in the mixed zone with community water is the minimum lot size. Chad questioned if it is the County that requires the developers provide an entity for ongoing snow removal. Chad followed up asking if it is just a document that needs to be filed with the subdivision. Emmett responded that it is the Planning Department that makes sure there is a document in place that covers the road maintenance agreement. Chad questioned if the County enforces the agreement. Emmett answered that no once the agreement is in place it becomes the responsibility of the HOA or neighbors. Chad questioned
the correspondence from the Conservation District and how care can be taken not to locate buildings in any drainage channel where overland flooding could occur, how this is possible with half acre lots. Emmett answered that the conservation district report was looking at the original land in 2005 from the master plan. Discussion continued. Chad questioned the different types of soil. Marlowe asked if Chad had seen the Soil
Book from the 1970’s when they went through the whole valley and defines the types of soil. Tom questioned how long a master plan is good for once approved. Tom also questioned if the master plan was
approved for two phases. Emmett answered that yes, it was approved for two phases. Tom questioned if this was the end of the master plan, or if they will keep going until they get the 60 lots originally approved. Emmett answered that this particular instance phase 2 was approved for 60 lots, so this is phase 2 and stage 1 of this phase. Emmett stated that the next stage might be the remaining 55 lots or 5 more each time. Emmett continued that regardless, it will be phase 2 but have different stages. Emmett stated that once the master plan gets approved there is no expiration date on it. Emmett stated that each stage has to meet the current rules and regulations for when they go through. Discussion continued. Karen questioned the legal part of forwarding standards from 2005 to now. Emmett stated that we are not using the 2005 standards but rather just the overall master plan of the subdivision. Emmett stated that the minimum lots size and zone has not changed since 2005. Emmett stated that nothing really dissolved from 2005 to now with the master plan. Karen clarified how the motion should be read if it should include stages. Emmett answered that no we are
not incorporating that at this time. Karen asked if we could make it part of the recommendation that it doesn’t stray from the master plan. Emmett answered that we could make that part of the recommendation. Emmett stated the possibility of changing the name to include stage 1. Discussion continued. Karen clarified
that in the motion that we will refer to it as stage 1 of phase 2. Amy questioned if we are changing the name of the developer’s subdivision. Marlowe stated that there needs to be unique names for the property. Marlowe stated that typically he has used the words second filing or stage. Marlowe stated that they do not
have a problem adding first filing to the project name, and that the next one would be second filing. Marlowe shared some history on master plans. Marlowe shared that this master plan does not have an expiration however there are some that do. Marlowe talked about the conditions of approval that talks about deviation from the master plan, which would require it to become an amended master plan. Discussion continued. Karen asked for questions. Tom asked about lot 57; that is a half-acre lot but it has two roads around it making it smaller. Tom added if they have had any issues with septic with these smaller lots. Marlowe answered that the minimum usable lot size is fifteen thousand square feet and they have not had any issues thus far with the centralized water and sewer for these size lots. Marlowe asked for any other questions for him. Chad questioned about the maintenance of lots in the development agreement. Chad continued that specifically he is wondering who enforces the lots. Marlowe answered that the HOA or County. Discussion on weeds and fires followed. Karen asked for more questions. Robert questioned if Chad needed additional
information. Chad stated he did not, but did not want to put a burden on staff. Discussion on updating the Development Agreement followed. Karen asked if there were any other questions. Discussion on liability of the County for fires followed. Karen asked about neighbor notification. Emmett answered that all of the neighbors within 300 feet of the site were notified. Emmett stated that the page you are looking at is who was notified back in 2005. Discussion on the project name. Karen asked for further explanation on finding C.a. regarding residential density standards for the mixed zone. Emmett explained zoning
consistency and density. Karen asked for any further discussion. Hearing none, Karen asked for a motion. Chad made a motion to approve the subdivision Phase II as recommended by staff. Luke seconded. Motion passed. Karen moved to the next agenda item. X OTHER PLANNING MATTERS Amy stated that we have the December meeting to discuss. Staff is recommending that we do not have a meeting in December. Luke made a motion to not have a Planning and Zoning Commission Meeting in December. Chad seconded. Motion passed. Karen asked for any other planning matters. Chad stated that the WyoPASS was discussed last meeting. Amy asked if anyone was interested in going. Luke stated that he was interested but would be unable to go. Karen asked if they could get the contact information for the
other board members. Luke asked if there was any movement on a digital version of the Land Use Regulations. Discussion followed. Karen asked about projects in the Queue and how those are progressing. Robert stated that we are going to take the Queue in chronological order 10 at a time. The simple ones are the lower hanging fruit but we decided not to jump ahead. Discussion on how the future
Planning and Zoning Commission Meetings would look followed. Karen asked for an updated version of the Queue at the next Planning and Zoning Commission meeting. Robert stated that we can do that for
the next meeting. Karen asked if we foresee a need for enforcement in the future. Discussion on the need for enforcement followed. The Commission thanked Robert for being there. Robert thanked staff for holding down the department and Amy for doing double duty. Karen asked for a motion to adjourn. ADJOURNMENT Luke made a motion to adjourn at 7:09 P.M. Chad seconded. Motion Passed.
_____________________________________ _____________________________________ Chair Dated Director Dated