HomeMy WebLinkAboutStaff Report 204 MS 20 OZ Second FilingAPPLICANTS:Jason and Tracy Wolfley
PROJECT NAME:Oz Second Filing – Final Plat
COMMUNITY PLAN AREA:Thayne
ZONING:Mixed & Rural
SURVEYOR:Surveyor Scherbel, LTD
PLANNER:Emmett Mavy
______________________________________________________________________________
PROPOSAL:A Minor Subdivision Final Plat application to further divide Oz Subdivision Lot 2 by
subdividing 14.35 +/- acres into 4 lots, with an average lot size of 3.6 +/- acres, in the
Rural Zone & Mixed Zones. Lot 3 which is located in the Mixed Zone will be a
commercial lot and Lots 4, 5 & 6 located in the Rural Zone will be residential lots. The
lots are accessed off Muddy String County Road No. 117 via a private road Starbuck Drive
with Lots 4 & 5 sharing a driveway easement. Residential lots will have electrical power,
Bedford Water connection and individual septic system.
LOCATION:1.0 miles north of Town of Thayne, Wyoming in T34N, R118W, Section 7, Oz
Subdivision Lot 2. Rural Address 1670 County Road 117. PIN: 3418-073-00-122
____________________________________________________________________________
ATTACHMENTS:
1.Final Plat
2.Vicinity Map
3.204 MS 20 Preliminary Plat Approval
4.Development Agreement
5.Draft CCR’s / Road Maintenance Agreement
6.Agency Correspondence
________________________________________
PLANNING STAFF RECOMMENDATION:
Planning Staff recommends that the Board of County Commissioners APPROVE File # 204 MS 20 OZ
Second Filing, a Minor Subdivision Final Plat, with:
●Findings of Approval A. through D.
●Resolution of Approval
204 MS 20 – Final Plat
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FINDINGS OF APPROVAL:
A.The proposed subdivision plat is substantially compliant 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 substantially compliant 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 substantially compliant with the policies and standards of the
Lincoln County Land Use Regulations, including:
a.Procedures for Final Plat Application,
b.Residential Density Standards,
c.Mixed Zone Subdivision Improvement Standards
D.The proposed subdivision plat is substantially compliant with the approved Preliminary Plat
Permit 204 MS 20, including the satisfaction of the Development Agreement for OZ Subdivision
Second Filing.
BACKGROUND:
The two lot development done of Oz Subdivision in 2012 was a Simple Subdivision Permit subdividing
24.53 +/- acres into 2 lots. This is where not more than two lots are being created and does not require
road or utility construction. Simple Subdivision applications proceed directly to the Board without
Planning and Zoning Commission review. Where three to five new lots are created the application
becomes a Minor Subdivision. These plats require additional review by the Planning and Zoning
Commission, installation of subdivision improvements and the development of an irrigation water rights
distribution plan. In July of 2020, the applicants/owners received County approval for a Zoning &
Development Permit for 1 each 45 ft x 200 ft RV Storage/Hayshed, and a maximum of five (5) 20 ft x 200
ft Small Storage Buildings for the area for proposed commercial Lot 3 in Mixed Zone.
AGENCY COMMENTS/CORRESPONDENCE:
Lincoln County Weed and Pest noted that the property has significant Musk thistle problem and the
applicants have contacted Weed & Pest to obtain a weed management plan and take appropriate measures
to control weeds especially in newly disturbed soils.
204 MS 20 – Final Plat
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Marcus Malessa, Natural Resources Analyst with the State of Wyoming Engineer’s Office, provided the
normal comments reference ground water from their office. He indicates that his office is not supportive
of the subdivision until a water rights redistribution plan is approved.
CORRESPONDENCE:
Adjacent landowners, Scott & Carolyn Titensor and Sam & Shawna Titensor submitted a combined letter
expressing concern over the development and the commercial aspect as well as the impact to their
irrigation well. They also included some pictures of a pit that was dug within the area and it appeared to
have unrelated debris deposited in the pit.
204 MS 20 – Final Plat
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DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR
OZ SECOND FILING
PAGE 1 OF 7
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR
OZ SECOND FILING
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR OZ SECOND FILING, hereafter, “Declaration”, regulating and controlling the use and
development of certain real property in Lincoln County, Wyoming, as hereinafter described, made
to be effective this _____ day of _________________, 2022, is entered into JASON E.
WOLFLEY and TRACY H. WOLFLEY, of 2458 County Road 122, Thayne, Wyoming 83127,
as the owners of the Property (as defined below) (all hereafter singularly referenced as a “Party”
and jointly referenced as the “Parties”).
WHEREAS, OZ SECOND FILING, a subdivision (hereafter, the “Development”), is
comprised of Lots 3, 4, 5 and 6, and other common areas and easements, as shown on the plat
recorded on the _____ day of _______________, 2022, as Receiving No. ___________, in the
official records of Lincoln County, Wyoming (hereafter, the “Plat”); and
WHEREAS, the Property has great scenic and natural value, and this Declaration is
adopted by the Parties so that the Development operates to preserve and maintain that scenic and
natural value for the benefit of all of the Owners of the Property or any part thereof.
NOW, THEREFORE, the Parties declare that all of the Property shall hereafter be owned,
conveyed, used, occupied and developed subject to the following easements, covenants, conditions
and restrictions for the purpose of protecting the scenic and natural value of the Property, and to
such end, these easements, covenants, conditions and restrictions shall run with the Property, shall
be binding on all Owners having any right, title or interest in the Property or any part thereof, and
on their heirs, successors and assigns, and shall inure to the benefit of each Owner.
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR
OZ SECOND FILING
PAGE 2 OF 7
ARTICLE I – DEFINITIONS
1. BOARD. “Board” shall mean a Board of Directors, whose membership shall be
comprised of all of the Owners of each Lot.
2. COMMON EASEMENTS. “Common Easements” shall mean the easements
shown on the Plat, including, without limitation, the access, irrigation and utility easements
identified on the Plat.
3. COMMON SERVICES. “Common Services” shall be: (a) the maintenance,
repair, operation and improvement of (i) the roads within the Development, including snow
removal from said roads, (ii) the Common Easements within the Development, and (iii) water lines
within the Property that deliver service from the Porto Irrigation District and Bedford Water and
Sewer District (or their successors and assigns); and (b) weed abatement measures for the Common
Easements and other common areas that may exist from time to time.
4. LOT. “Lot” shall mean any subdivided portion of the Property, whether
designated as a “Lot” or otherwise on the Plat, whether heretofore created or hereafter subdivided,
all as approved by the Board of Commissioners of Lincoln County, Wyoming.
5. MEMBER. “Member” shall mean each member of the Board.
6. OWNER. “Owner” shall mean and refer to the record owner of fee simple title to
any Lot, whether one or more persons or entities, including contract buyers and owners of a
beneficial interest, but excluding any person or entity having an interest only as security for the
performance of an obligation.
7. PROPERTY. “Property” shall mean all real property of the Development (as
defined in the recitals above) as shown on the Plat.
8. RESIDENTIAL LOT. “Residential Lot” shall mean Lots 4, 5 and 6 of the
Development, expressly excluding Lot 3, all as defined on the Plat.
ARTICLE II – OWNERS’ COMMON EASEMENT RIGHTS
1. OWNERS’ COMMON EASEMENT RIGHTS. Each applicable Owner shall
have the right to enjoy the Common Easements as such rights are granted in the Plat; provided,
however, that such enjoyment shall be subject to the following provisions: (a) the Board shall have
the right to charge reasonable assessments for the maintenance and operation of the common
easements; (b) the Board shall have the right to establish rules and regulations for use of the
Common Easements and to impose reasonable sanctions for violations of published rules and
regulations; and (c) the rights of third parties to use of the Common Easements.
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR
OZ SECOND FILING
PAGE 3 OF 7
2. DELEGATION OF EASEMENT RIGHTS. Any Owner may delegate his or her
right to enjoy the common easements to family members, tenants, invitees, and contract
purchasers.
ARTICLE III – BOARD OF DIRECTORS
1. BOARD VOTING. In all matters pertaining to the Board, every Lot shall have
one (1) vote. If more than one person or entity is an Owner of a Lot, they shall decide among
themselves how their one (1) vote shall be cast. No split votes shall be allowed. No Owner shall
be entitled to vote if any assessment levied by the Board as provided herein is past due. Except as
is expressly provided herein, the affirmative vote of a majority of the Board entitled to vote shall
be required to approve any measure.
2. BOARD MEETINGS. The Board shall meet annually for a regular meeting, at a
time and date set by the Board. Special meetings may be called by one-third (1/3) or more of the
Members. In addition, the Board shall meet from time to time as necessary to perform its duties
hereunder. The Board may from time to time, by resolution unanimously adopted in writing,
designate a Board representative to take any action or perform any duties for and on behalf of the
Board, except the granting of variances pursuant to provisions hereof. In the absence of such
designation, the vote of a majority of the Board shall constitute an act of the Board.
3. NOTICE OF BOARD MEETINGS. Notice of meetings of the Board shall be
made in writing and shall be sent to all Owners at least thirty (30) days in advance of the meeting.
Members may unanimously waive this meeting notice requirement.
4. COMPENSATION OF BOARD MEMBERS. The Members of the Board shall
not receive compensation for services rendered as Member of the Board. They may, however,
receive reimbursement for reasonable expenses incurred by them in the performance of their
duties.
5. AUTHORITY AND DUTIES OF BOARD. The duties and obligations of the
Board and the rules governing the conduct of the Board shall be in accordance with Wyoming law,
this Declaration, and all other governing documents adopted by the Board.
6. BOARD MEMBERS’ LIMITED LIABILITY. The Board and their officers,
agents, and employees acting in good faith on behalf of the Board shall not be liable to the Owners
for any mistakes of judgment, or for negligence, or otherwise, except for their own willful
misconduct or bad faith.
7. CREATION OF HOMEOWNERS ASSOCIATION. At any time, on the
affirmative vote of the Board, a homeowners association for the Development may be formed in
accordance with Wyoming law to carry out the purposes of this Declaration in lieu of the Board.
Said homeowners association shall, without limitation, be granted all rights, powers and authorities
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR
OZ SECOND FILING
PAGE 4 OF 7
of the Board, and assume all obligations and responsibility of the Board, as are set forth herein, at
which time the Board shall be dissolved and not be reinstated except if and when said homeowners
association is dissolved or otherwise lacks good standing to do business in Wyoming.
ARTICLE IV – COVENANT FOR MAINTENANCE ASSESSMENTS
1. CREATION OF LIEN / PERSONAL OBLIGATION. Each Owner of any Lot,
by the acceptance of a deed therefor, whether or not it is expressed in such deed, is deemed to have
consented to and shall be subject to the covenants and agrees to pay to the Board annual
assessments and special assessments for capital improvements. Accordingly, a general, continuing
lien is imposed on each Lot for the payment of annual and special assessments, together with
interest, costs and reasonable attorney’s fees, and the same shall be a personal obligation of the
Owner of a Lot at the time an assessment is due. No Owner may avoid liability for an assessment
by non-use of any Common Services.
2. PURPOSES OF ASSESSMENTS. Assessments levied by the Board shall be used
exclusively for the provision of the of the Common Services.
3. LIABILITY FOR ASSESSMENTS. The Owners of Lots 3, 4, 5 and 6 shall each
be liable for an equal share of all assessments levied hereunder for Common Services (including,
without limitation, those attributable to ‘Starbuck Drive’ that is identified on the Plat) except that:
(a) only the Owners of Lots 4 and 5 shall be liable, in equal shares, for any such assessments
directly attributable to the two (2) ‘Shared Driveway Easements’ that are identified on the Plat,
and (b) only the Owners of the Lots that have already connected to a particular water delivery
system (including, without limitation, the Porto Irrigation District and/or Bedward Water and
Sewer District) shall be liable, in equal shares, for any such assessments directly attributed to such
water delivery system.
4. ANNUAL BUDGET AND ANNUAL ASSESSMENT. The Board shall prepare
an annual budget for Common Services and administration of the Board and shall fix the annual
assessment based upon that annual budget at least thirty (30) days in advance of each annual
assessment period. Except as is expressly provided in this Declaration, annual assessments shall
be fixed at a uniform rate for all Lots.
5. SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS. The Board
may levy a special assessment for the purpose of paying the costs of any construction,
reconstruction, repair or replacement of facilities for Common Services; provided, that any such
assessment must have the approval of at least two-thirds (2/3) of the Board. Except as is expressly
provided in this Declaration, special assessments shall be fixed at a uniform rate for all Lots.
6. NOTICE OF ASSESSMENTS. Written notice of any assessments, which shall
include the assessment amount and the date on which such assessment amount is due and payable,
shall be provided to all Owners.
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR
OZ SECOND FILING
PAGE 5 OF 7
7. REMEDIES FOR NON-PAYMENT OF ASSESSMENTS. Any assessment not
paid within thirty (30) days of the date such assessment is due shall bear interest at the rate of
fifteen percent (15%) per annum. The Board may bring an action against the Owner personally
obligated to pay an assessment, or may file and foreclose a lien on the Lot in the same manner as
foreclosures of real estate mortgages with power of sale may be completed under Wyoming law.
ARTICLE V – ARCHITECTURAL STANDARDS
1. UNIFORM & LOCAL CODES APPLICABLE. All structures or improvements
on any Residential Lot shall be erected in accordance with the current edition of the following
uniform building codes: (a) Uniform Building Code; (b) National Plumbing Code; and (c) National
Electric Code. All structures or improvements shall also comply with all State of Wyoming and
Lincoln County, Wyoming building codes and zoning regulations in effect at the time of
construction. If any such requirements conflict, the local requirement shall govern over the
uniform requirement.
ARTICLE VI – RESTRICTIVE COVENANTS
1. NO NUISANCES. No noxious, offensive or noisy activity, disturbing peace and
tranquility, shall be conducted on any Lot, nor shall anything be done on a Lot or placed on a Lot
that may become a nuisance or cause unreasonable embarrassment, disturbance or annoyance to
other Owners and their enjoyment of their Lots. If an Owner alleges a nuisance against another
Owner, the alleging Owner must first present the matter to the Board. The remaining three Owners
shall hold a hearing on the matter and, by majority vote, determine whether or not this provision
has been violated. Any such decision shall be binding upon the Owners.
2. NOXIOUS WEEDS. For the benefit and protection of the natural habitat of the
Property, each Owner is responsible for the spraying of noxious weeds on the Owner’s Lot to
attempt to eradicate them from the Property.
4. NO REFUSE OR WASTE. No refuse, waste or other foul odorous material,
including, without limitation, fertilizers, feed and any other composting and decaying material,
may be dumped or maintained on a Lot for any purpose without the written permission of the
Board, which permission may be withheld in the Board’s sole and absolute discretion.
5. INOPERABLE VEHICLES. No inoperable vehicles shall be kept on any Lot for
more than thirty (30) days unless such vehicle is parked inside a fully enclosed building.
ARTICLE VII – GENERAL PROVISIONS
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR
OZ SECOND FILING
PAGE 6 OF 7
1. MAINTENANCE OF COMMON EASEMENTS AND SERVICES. The
Board shall be responsible for maintenance and repair of the Common Easements and provision
of the Common Services.
2. MAINTENANCE OF LOTS. The Owner of each Lot shall be responsible for the
maintenance and repair of improvements on such Lot.
3. ENFORCEMENT OF CC&Rs. The Board or any Owner shall have the right to
enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations,
liens and charges now or hereafter imposed by the provisions of this Declaration. Any Party
against whom an enforcement action is successfully brought shall be liable to the enforcing Party
for all costs, including without limitation, reasonable attorney’s fees, in addition to any other relief
that may be granted.
4. NO WAIVERS. Failure of the Board or any Owner to enforce any covenant or
restriction herein contained shall not be deemed a waiver of the right to enforce that covenant or
restriction.
5. DURATION OF CC&Rs. All of the covenants, conditions and restrictions in this
Declaration shall continue and remain in effect at all times against the Property and the Owners
thereto, subject to right of amendment provided herein, for a term of twenty (20) years, at which
time they shall automatically be extended for successive periods of twenty (20) years unless
amended to provide otherwise.
6. AMENDMENT OF CC&Rs. This Declaration may be amended by an instrument
signed by a majority of the Owners; provided, however, that no amendment shall be effective
without the affirmative vote(s) of Jason E. Wolfley and/or Tracy H. Wolfley for as long as they
are Owners. Any amendment will become effective when recorded in the land records of Lincoln
County, Wyoming.
7. CONSTRUCTION AND VALIDITY. All covenants, conditions and restriction
in this Declaration shall be construed together. If any covenant, condition, or restriction or any
part thereof is deemed invalid or otherwise becomes unenforceable, no other covenant, condition
or restriction shall be affected or impaired. The Parties shall remain bound to all other provisions
of this Declaration.
IN WITNESS WHEREOF, the Parties have caused this Declaration to be executed on
the dates affixed next their signatures below.
{Separate signature pages follow}
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR
OZ SECOND FILING
PAGE 7 OF 7
DATED this _____ day of _______________, 2022.
JASON E. WOLFLEY TRACY H. WOLFLEY
ACKNOWLDGMENT
STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN )
This instrument was acknowledged before me on this _____ day of _______________,
2022, by JASON E. WOLFLEY and TRACY H. WOLFLEY.
WITNESS my hand and official seal.
______________________________
NOTARY PUBLIC
My Commission expires: __________