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LINCOLN COUNTY PLANNING AND ZONING COMMISSION MINUTES
Wednesday, September 28, 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 (Absent) Chad Jensen
Pam Price (Absent) Planning & Engineering Staff: Robert Davis, Planning Director
Amy Butler, Engineer Emmett Mavy, Planner II Katie Gipson, Development Administrator (Absent)
County Attorney Staff: Spencer Allred (Absent) Chair Luke Lorimer called the meeting to order at 6:02 pm. Commission members, Pam Price, and Tom Crank were absent as well as County Attorney, Spencer Allred, and planning staff Katie Gipson. A quorum was established. Luke invited the commission members to introduce themselves. Each member of the Planning & Zoning Commission present introduced themselves individually. Luke turned the time to Robert to present the agenda. Robert asked planning staff to introduced themselves.
Planning staff as well as the County Engineer introduced themselves. Robert presented the agenda, and then turned the time over to the Chair. The minutes for the Wednesday, August 31, 2022 meeting were presented for approval. Luke asked if there were any comments on the minutes. Chad asked to clarify on the last page under Other Planning Matters, where it read, “Karen asked if we foresee a need for enforcement in the future.” Chad continued that it
should be clarified what enforcement was talked about. Karen stated that we should amended it to say, “enforcement of the land use regulations.” Robert questioned if the minutes needed to amended before signing them. Luke stated that they did not. Amy followed up stating no that the minutes will get signed and then planning staff will make all amendments following the meeting. Robert questioned if we sign minutes right after approving them. Amy answered that the minutes get signed after the meeting. Karen stated that we should add to the minutes the reason why she started the meeting was because Luke arrived later. Chad made a motion to approve the amended minutes. Karen Seconded. Motion Passed. Luke turned the time over to Amy for the Development Report. Amy presented the Development Report for August 29, 2022 to September 25, 2022. She stated that there were 18 residential use permits in north Lincoln County, 14 small wastewater permits, 2 residential use permits in south Lincoln County and 3
zoning and development permits. Amy stated that Emmett had a year-to-year comparison and turned the time over to him. Emmett presented a year-to-year report for Star Valley Land Use Permits from 2011 to 2022. Emmett stated
that the end of last year there were 364 permits issued compared to the 342 that we have processed this year. Emmett stated that puts us as almost 94% of what was done in total for the year 2021. Emmett stated that the
county is only 5 permits shy of breaking the high for new construction. Emmett presented the information page for new residential permits. Emmett stated that the county has permitted 503,081 square feet of new residential homes. Emmett continued that the county has permitted 156 new residential homes with an average square footage of 3,224 and the average cost of construction per home was $200-$260 per square foot or $644,800 to $838,240 a home. Emmett stated that the building stock added once the new residential homes are built was $200-$260 a square foot or $100,616,200 to $130,801,060. Chad questioned how we get the average construction cost. Emmett answered that he believed the bank reports the average construction cost. Discussion continued on the report Emmett presented. Luke questioned if there was any other comments or questions. Seeing none, he thanked Emmett and moved on to the Valley Springs project. Luke stated the next item on the agenda is 209 MS 22 Valley Springs II. A Minor Subdivision Preliminary Plat application proposal to subdivide 15.07 +/- acres into three residential lots i.e., lots 3, 4 and 5 and a Utility Tract shown on the Valley Springs II Preliminary Plat. The average lot size will be 5.02 +/- acres in the Rural Zone. The lots will share a private subdivision road (Valley Springs Way) off of CR 407 north of Thayne. Each lot will have individual wells and individual engineered septic systems. Emmett presented the project to the Commission. Emmett stated the proposed Valley Springs Way road is currently under
construction and staff is recommending a 26 foot travel lane from lot 1 of the Valley Springs Subdivision to the western edge of lot 4 and a 20 foot travel lane from the western edge of lot 4 to County Road 407 as depicted on the attached Preliminary Plat. The new road will be required to have a 20-foot travel way
engineered bridge crossing the Eastside Canal. Emmett stated that Planning staff recommends that the Planning and Zoning Commission send a recommendation of approval to the Board of County Commissioners for File # 209 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 stated that at the time of the staff report there was no correspondence from Lincoln County Weed and Pest or the State Engineer’s Office, but we have received correspondence after the staff report was finished. Emmett read the correspondence from both Lincoln County Weed and Pest and the State Engineers Office. In the letter from Lincoln County Weed and Pest it stated that there was a weed and pest plan made. The State Engineers Office stated that the subdivider had not addressed the requirements. Emmett stated this is typical in the preliminary plat stage. Karen questioned what requirements were not met. Emmett answered that when there is going to be a water rights redistribution plan on a subdivision, the developer waits until the preliminary plat is approved to submit that plan into the State Engineers Office. Discussion continued on the process with the State Engineers Office. Emmett stated that there was public comment from Vaughn Broadbent, the neighbor to the north. Emmett stated that Vaughn called and asked
about weed management for the subdivision stating their concern is that the property owners mitigate weeds that will be created from the excavation of roads and disruption of soil caused by construction. Emmett stated that Mr. Broadbent grows alfalfa adjacent to this property and has issues controlling thistle spreading
from neighboring properties. Emmett asked for any questions while also stating that Marlowe Scherbel was also present for any questions for him. Chad questioned what accession meant on the plat for lots 1 and 2. Emmett stated that lots 1 and 2 were recorded plats. Marlowe stated that each plat has its own instrument number once it gets recorded and that you can find the plat by either name or by the instrument number. Chad questioned how a subdivision gets started without a road in place. Emmett answered that for a simple subdivision no roads have to be put in until that subdivision has a third lot making it a minor subdivision. Chad questioned if the road agreement was standard. Emmett answered that it is up to the developer to have a road maintenance agreement because it is a legal document outside of our review. Emmett continued that the county requires that it includes the maintenance of the road and snow removal. Chad questioned about the Valley Springs Road. Emmett answered that there is an easement but not a permit from WYDOT. Chad stated he would like to make a general comment. Chad stated that Lincoln County appears to be like the
Wild West. Chad continued stating that the County ought to have more of a comprehensive plan and more road standards. Karen added that it is probably because the Land Use Regulations were last amended in
2006, and since then a lot has changed. Karen questioned if the current Land Use Regulations still match the current growths we have. Karen stated that it is probably time to look at overlays. Karen stated that maybe
the Planning and Zoning Commissioners need to have a workshop on the subject. Luke asked for any more comments or questions. Marlowe questioned what Chad had stated earlier about a Comprehensive Plan. Discussion about the history of the current Comprehensive Plan and Land Use Regulations in Lincoln County continued. Luke stated that he would like to move on with the agenda and current project at hand, and possibly put road stipulations and changes to the Land Use Regulations on the agenda for another time. Marlowe stated that this development would have ground water therefore they are doing an engineered system. Marlowe asked for any questions. Karen questioned what the utility lot was. Marlowe answered that this lot would house a utility track. Karen asked if the utility track was an above the ground unit. Marlowe answered that it is an above the ground unit. Karen states she has heard that around Alpine neighbors asking for a fence around it to be aesthetically pleasing. Karen questioned the comment from the neighbor and if his concern is being addressed. Marlowe answered that he believes the neighbors concern is
addressed by the weed and pest plan. Discussion about weeds continued. Jason Shumway had a comment to share with the commission. Luke invited Jason to come to the podium and speak. Jason Shumway stated that Lincoln County Weed and Pest has implemented a plan for the 2022 year, and that weed and pest would
come out to the property next year in the spring and fall as well. Luke asked for any other questions. Chad questioned if the planning staff recommended approval. Emmett reread the planning staff recommendations. Chad made a motion to approve the subdivision with the findings and conditions of approval as
recommended by staff. Karen seconded. Motion passed. Luke moved to the next agenda item. X OTHER PLANNING MATTERS Robert stated that at the last meeting there was some discussion about having searchable regulations and that planning staff did send out a copy to commission members. Robert stated that a commission member had said that they could convert the PDF to a Word document and have that be searchable. Robert questioned if that has occurred. Luke answered that he has not done that yet, but that he would do so. Robert stated the second item to do is give the commission an updated queue with 47 projects. Robert stated that staff has started internal discussions about projects in the queue and are working on getting those projects moving forward. Robert stated that there is some clarification needed on how to handle projects that are going from
simple to minor and so forth. Robert stated that planning staff is trying to streamline the situation. Karen questioned how the queue has gone from 80 something down to 47. Amy stated that when they saw the beginning of the queue it had simple, minors, and all the ones currently on the queue, so as we moved the simple and minors forward, they moved from the queue. Karen asked when we will see these projects as a planning and zoning commission coming forward. Robert answered that the planning staff is still working internally on details to bring them forward. Roberts explained the process leading up to a pre-application
meeting. Karen questioned if we would have legal council joining our meetings as we get into those more difficult projects. Robert answered that he met with the County Attorney and he was looking to hire a total of 4 additional attorneys; maybe where one was dedicated to planning and zoning. Luke asked for a motion to adjourn. ADJOURNMENT Karen made a motion to adjourn at 6:59 P.M. Chad seconded. Motion Passed.
The minutes from the September 28th, 2022 Planning and Zoning Commission meeting were approved on the _____ day of _________________ , 2022.
_____________________________________ _____________________________________ Chair Dated Director Dated