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HomeMy WebLinkAboutCombined Staff Report 101-MA-23 Northwinds revisedPreliminary PlatLINCOLN COUNTY PLANNING & ZONING COMMISSION STAFF REPORT Major Subdivision Preliminary Plat HEARING TIME AND DATE: 6:00 p.m. December 28, 2022 LOCATION:Lincoln County Courthouse, Commissioner Boardroom 3rd Floor, Kemmerer, Wyoming & Afton Planning & Engineering Office, 61 E. 5th Ave., Afton, Wyoming FILE # 101 MA 23 APPLICANTS:CR Group, LLC PROJECT NAME:Northwinds Subdivision – Preliminary Plat COMMUNITY PLAN AREA:Thayne ZONING:Rural PIN:3418-063-00-387 SURVEYOR:Surveyor Scherbel, Ltd. PLANNER:Emmett Mavy _____________________________________________________________________________________ PROPOSAL:A Major Subdivision Preliminary Plat application proposal to subdivide 35.00 +/- acres into seven (7) residential lots. The average lot size will be 5.00 +/- acres in the Rural Zone. The lots will share a private subdivision road off of Perkins CR 119. Each lot will have individual wells, and individual septic systems that meet Wyoming DEQ Standards. The site is surrounded by agricultural uses with the exception of a residential home to the northeast. The new proposed subdivision road will be a dead end road over 500’ long and require a 26’ travelway and a 70’ radius cul de sac. LOCATION:0.28 miles south west of the Town of Star Valley Ranch, Wyoming in Section 6 & 7, Township 34 North, Range 118 West. _____________________________________________________________________________________ EXHIBITS: 1.Preliminary Plat 2.Vicinity Map 3.Draft Development Agreement 4.Agency Correspondence _____________________________________________________________________________________ 101 MA 23 PZC Preliminary PlatPLANNING STAFF RECOMMENDATION: Planning staff recommends that the Planning and Zoning Commission send a recommendation of APPROVAL to the Board of County Commissioners for File # 101 MA 23 a Major Subdivision Preliminary Plat, with: ●Findings of Approval A thru C. ●Conditions of Approval 1 thru 5. ●A Recommendation for the Board Chairman to sign the Development Agreement. FINDINGS: A.The proposed subdivision, with conditions, is consistent with the provisions W.S. 18-5-301 through W.S. 18-5-315. B.The proposed subdivision is consistent with goals and objectives of the Lincoln County Comprehensive Plan, including Section IV Land Use Objective 1. Create Land Use Regulations that promote the responsible and orderly development of Lincoln County. C.The proposed subdivision, with conditions, is consistent with the standards and procedures of these Lincoln County Land Use Regulations, including: a.Residential Density Standards; Chapter 6 Table: 6.1 for Major Subdivisions in the Rural Zone. CONDITIONS OF APPROVAL: 1.Significant alteration of the project shall require additional permitting. 2.A Weed Control Plan shall be developed in conjunction with Lincoln County Weed & Pest. 3.Developer and County shall enter into a Development Agreement to: a.Ensure installation of subdivision improvements and preparation of documents, including: i.Construct approved subdivision road with the minimum: 1.26’ width travel lane from County Road 12-119 through the completed 70’ radius cul de sac. ii.Install electrical power and communication lines; iii.Submittal of Water Distribution Plan to the State Engineer’s Office; iv.Survey monumentation; and v.Development of either,a HOA, CCRs, Road Maintenance Agreement, Special Improvement District, or Mutual Benefit Corporations that at a minimum: 1.Provide an entity for ongoing road maintenance including the collection of road maintenance fees; 2.Provide an entity for ongoing snow removal including the collection of snow removal fees; 3.Ensure road maintenance and snow removal are maintained indefinitely; 4.The chosen document must be filed at the time of final plat filing, and bind all current and future owners to the agreement. 101 MA 23 PZC Preliminary Plat4.Prior to Final Plat Application the improvements shall be installed and inspected by County personnel. a.Provide for final plat approval upon satisfaction of Development Agreement terms; b.Developer Agreement shall be signed by all parties and filed with the Lincoln County Clerk’s Office no later than 30 days after approval of the Preliminary Plat or the application and approval shall be voided. 5.A Plat Warning be included for Sewage Systems: Recommended Plat Warnings: The septic systems for the Northwinds Subdivision shall be conventional on-site septic systems. It is the Individual lot/home owner’s responsibility to obtain a Permit to Construct from Lincoln County to construct a septic system. For lots where the soils have a percolation rate of less than 5 minutes per inch it is the Individual lot/home owner’s responsibility to obtain a Chapter 3 Permit to Construct from the Wyoming Department of Environmental Quality. A professional Engineer licensed with the State of Wyoming must obtain the Chapter 3 Permit to Construct from the Southwest District Engineer in Lander, Wyoming. AGENCY CORRESPONDENCE: Lincoln County Weed & Pest:No report was received,a weed management plan is required by the Development Agreement. Star Valley Conservation District:Due to large variation of groundwater levels in this area SVCD recommends soil cuts to determine groundwater levels. In areas in which groundwater is high, we recommend an enhanced septic system and shallow or no basements. We also recommend that soil cuts be taken in the spring/early summer when groundwater is highest. If soil cuts are done at other times know that static water level fluctuates according to the amount of high-water runoff from year to year. State Engineer's Office:No correspondence has been received at this time. State Wyoming Office of State Lands & Investments:Based on the information provided, the project will be located adjacent to state-owned land.We note any access across or work performed on state lands will require prior authorization from the state.Apart from that, we have no further comment as the lands under consideration are not lands that are owned by the state. Wyoming DEQ:Conventional septic and individual water wells are safe and adequate for the Northwinds Subdivision. DEQ Recommend a Plat Warning with the following text: The septic systems for the Northwinds Subdivision shall be conventional on-site septic systems. It is the Individual lot/home owner’s responsibility to obtain a Permit to Construct from Lincoln County to construct a septic system. For lots where the soils have a percolation rate of less than 5 minutes per inch it is the Individual lot/home owner’s responsibility to obtain a Chapter 3 Permit to Construct from the Wyoming Department of Environmental Quality. A professional Engineer 101 MA 23 PZC Preliminary Platlicensed with the State of Wyoming must obtain the Chapter 3 Permit to Construct from the Southwest District Engineer in Lander, Wyoming. 101 MA 23 PZC Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community±Date: 10/11/2022 1:18,056 0 0.2 0.40.1 mi Northwinds CR Group Major Rivers/Streams Township & Range Lines Section Lines Major Water Bodies Roads Municipal Roads US Highways WY Highways County Roads Other Named Roads Municipal Boundaries Parcels (Approximate) © Lincoln County This map is made possible through a joint effort of theOffices of Lincoln County Planning & Zoning and theAssessor's Office. This map is for locational andinformational purposes only. No depiction should beconstrued to be an official survey of land. Accuracy ofdata contained or depicted is neither warranted norassumed. Always contact a qualified surveyor forconfirmation of property boundaries. £¤89 Star Valley Ranch Thayne 21 18 08 04 2220 07 06 17 03 09 19 16 10 15 05 31 32 33 3436 34 35 2322 11 15 03 14 10 02 24 12 01 13 34N 119W 34N 118W 35N 118W35N 119W ³±415s³±119 ³±117MOORE, MICHAEL P &RUTH C TRUSTEES COTTRELL, SAM SONDGEROTH, JAMESA & SHEILA R VILLALUNA, PAGE & RHODA KOLSTAD,MARVIN & CECILIA EGGENDORFER, RAMONA M CARPENTER, DANNIE & CHRISTINEROBINSON,DAVID R & JULIE A JACKSON,DIAN TRUSTEE HANICH, MARGARET D & CLIFFORDC TRUSTEES BANK OF JACKSON HOLE,AS CUSTODIAN OF THE DEBOER TRAD IRA TAGGART, VERN STATE OF WYOMING SIMPSON, STEVEN H & REBECCA J ETAL HYDE, GAYLE,ETAL ERICKSON, RONNIE & ANNA HEBDON,RICK V DAVIDSON, STEPHEN M FACTOR, PATRICIA LTRUSTEE TITENSOR, SCOTT A & CAROLYN TAGGART,SHAWN & KERRI FACTOR, PATRICIA L TRUSTEE CR GROUP, LLC HYDE, GAYLE, ETAL CASSELL, NADEAN HUMPHERYS,MICHAEL & JULIE ROBERTS, TERESA, TRUSTEE LEGACY HOMES/ASSIST LIVING LL WILSON, STEPHEN A WILSON, STEPHEN A WHITE, GORDON C & DONNA S TRUSTEES HYDE, GAYLE ETAL KUNZ,TREVOR HYDE, GAYLEETAL MARTIN, CHET WINES, KOLE MERRITT, SHAWN K& AMBER PENNY,ALISON A Maxar Major Subdivision Application Projects Public Noticing US Highways WY Highways Township & Range Sections Municipalities File No 101 MA 23 Northwinds Subdivision- Preliminary Plat CR Group, LLC c/o Cordell Critchell Prepared using available data by Katie Gipson, on 9 Nov. 2022. Map is for informational purposes only and in no way represents an official survey of land. WYOMING OFFICE OF STATE LANDS AND INVESTMENTS 12/12/2022 Lincoln County Office of Planning and Development 61 E 5th Ave. Afton, WY 83110 RE: Northwinds Subdivision – Preliminary Plat Thank you for contacting OSLI regarding Northwinds Subdivision – Preliminary Plat. Based on the information provided, the project will be located adjacent to state-owned land.We note any access across or work performed on state lands will require prior authorization from the state.Apart from that, we have no further comment as the lands under consideration are not lands that are owned by the state. As always, do not hesitate to contact me with further questions. Sincerely, Tyler Seno Commercial Leasing Manager 307-777-5762 Tyler.Seno@wyo.gov EFFECTIVELY MANAGING NATURAL RESOURCES AND FUNDS FOR CURRENT AND FUTURE GENERATIONS December 7, 2022 Lincoln County Office of Planning and Development P. O. Box 468 Kemmerer, WY 83101 STAR VALLEY CONSERVATION DISTRICT Board of Supervisors has reviewed the proposed Northwinds subdivision for CR Group-Cordell Critchell, located south and west of Star Valley Ranch, Wyoming. Due to large variation of groundwater levels in this area SVCD recommends soil cuts to determine groundwater levels. In areas in which ground water is high, we recommend an enhanced septic system and shallow or no basements. We also recommend that soil cuts be taken in the spring/early summer when groundwater is highest. If soil cuts are done at other times know that static water level fluctuate according to the amount of high-water runoff from year to year. This property has water rights from Cedar Creek through the Porto Canal. The canal district must have maintenance access to the canal. SVCD highly recommends that no landscaping, such as shrubbery and trees, etc., be placed within fifteen feet of either side of said canal. For more information, please contact Emmett Mavy at 307-880-3821. This report satisfies the Conservation District Review as required by Wyoming State Statute 18-5-306. No other use is intended or implied. If there is any more information, we can provide for you, please let us know. Yours truly, STAR VALLEY CONSERVATION DISTRICT Rollin Gardner Chairman Subdivision Review Northwinds Major Subdivision Thayne, Wyoming December 7, 2022 Location The Northwinds subdivision (CR Group-Cordell Critchell) is in the NW1/4 NE1/4 of section 7 T34 R118, east of Thayne and South of Star Valley Ranch, Wyoming. The proposed subdivision is +/- 35 acres and will be divided into 7 lots. The drainage is to the west and north. Water Star Valley Conservation District (SVCD) personnel used the State Engineers Water Rights Data Base to obtain groundwater information for this property. Well logs from wells in the vicinity indicated the static water level is between 20 and 100 feet below ground surface. Due to large variation of groundwater levels in this area SVCD recommends soil cuts to determine groundwater levels. In areas in which ground water is high, we recommend an enhanced septic system and shallow or no basements. We also recommend that soil cuts be taken in the spring/early summer when groundwater is highest. If soil cuts are done at other times know that static water level fluctuate according to the amount of high-water runoff from year to year. According to Surveyor Scherbel’s Office, owner’s agent, the 7 lots will each have individual wells and septic systems. This property has water rights from Cedar Creek through the Porto Canal via the West Cedar Creek pipeline. The canal district must have maintenance access to the canal. SVCD highly recommends that no landscaping, such as shrubbery and trees, etc., be placed within fifteen feet of either side of said canal. For more information, please call Emmett Mavy at 307-880-3821. Salt River The Salt River is listed on Table C (Water Bodies with Water Quality Threats) of the Wyoming Department of Environmental Quality (WDEQ) 2020 Section 303(d) List. The Salt River does not support the designated use for contact recreation use due to elevated levels of fecal coliform bacteria. In response to this listing, the Star Valley Conservation District (SVCD) initiated watershed- planning activities for the Salt River Watershed in 2003. The Salt River Watershed Plan has been completed, was formally submitted to WDEQ and was accepted and signed by WDEQ in July 2005. SVCD completed a TMDL for the Salt River in 2016 which was submitted to WDEQ. SVCD continues to monitor the watershed. We have collaborated with landowners to implement fencing and off stream watering for livestock. We also provide a cost share to homeowners to pump septic systems after attending our septic workshops. The Salt River Watershed Plan identifies rural subdivisions as adversely affecting water quality in the Salt River Watershed. Storm water run-off from this subdivision should be managed using best management practices to ensure that pollutants such as storm water runoff, animal wastes, sediment, and fertilizers do not reach the irrigation ditches or other surface waters in the area. National Pollutant Discharge Elimination System (NPDES) The Wyoming Department of Environmental Quality (WYDEQ) requires all construction sites that disturb 1 acre or more to have a construction NPDES permit. The areas do not have to be contiguous. The permit requires construction site operators to implement appropriate erosion and sediment control best management practices, control waste such as discarded building materials, concrete truck wash-out, chemicals, litter, and sanitary wastes. Operators of construction activities must develop a Storm Water Pollution Prevention Plan (SWPPP) that describes the measures to be implemented at the construction site that will eliminate or minimize pollutants from the project from reaching surface waters. The terms and conditions of the permit must be implemented until the land disturbed by construction activities has been ‘finally stabilized.’ Finally stabilized is defined as “all soil disturbing activities at the site have been completed, and a uniform perennial vegetative cover with a density of 70% of the native background vegetative cover for the area has been established on all disturbed unpaved areas and areas not covered by permanent structures”. If construction will disturb 5 or more acres a stormwater permit from WYDEQ is required. For more information regarding the NPDES requirements please contact Katy Sprouse at 307-777-7570 (katysprouse@wyo.gove) or Anita Rehner, WYDEQ Program Coordinator at 307-777-5622 or (arehner@state.wy.us). Soils The following soils information provided by the Natural Resources Conservation Service (NRCS) Soil Survey of Star Valley Area, Wyoming – Idaho. This information does not eliminate the need for onsite investigation of the soils or for testing and analysis of these soils by a Wyoming Licensed Engineer experienced in the design and construction of engineering work. The proposed subdivision is comprised of one soil types identified as Greyback Gravelly loam (Gg). Limitations: ‘not limited’ indicates that the soil has features that are favorable for the specified use, good performance and very low maintenance can be expected. ‘Somewhat limited’ indicates that the soil has features that are moderately favorable for the specified use. The limitations can be overcome or minimized by special planning, design, and installation. Fair performance and moderate maintenance can be expected. Soils with ‘very limited’ designations indicate that the soil has one or more features that are unfavorable for the specified use. The limitations generally cannot be overcome without major soil reclamation, special design, or expensive installation procedures, poor performance and high maintenance can be expected. Dwelling with and without basements: The degree of limitations for Greyback Gravelly Loam for dwellings with and without basements is Low. Soil cuts were not conducted as part of this review. Care should be taken not to locate buildings in the intermittent drainage or any drainage channel where overland flooding could occur during early spring snowmelt or heavy thunderstorms. Sewage Disposal: The degree of limitations for septic tank absorption fields for Greyback Gravelly Loam is Very Limited due to seepage. Roads and streets: The degree of limitations for roads and streets for Greyback gravelly loam (Gg) is Somewhat Limited due to frost action. Shallow excavations: The degree of limitations for shallow excavations for Greyback gravelly loam (Gg) is Very Limited due to cutbanks cave. Erosion Hazard: The erosion hazard of natural surface roads and construction sites for Greyback gravelly loam (Gg) is Slight. To avoid potential erosion or sedimentation problems all disturbed areas during subdivision construction, especially road banks, need to be mulched and seeded back to adapted grass/legumes and tress/shrubs as soon as possible. Topsoil should be stockpiled and saved during construction so adequate seedbeds can be prepared in the disturbed areas. Appropriate erosion and sediment control best management practices should be installed and maintained for the duration of the project. Landscaping: This property has water rights from Cedar Creek through the Porto Canal via the West Cedar Creek pipeline. The water district must have maintenance access to any canals. SVCD highly recommends that no landscaping, such as shrubbery and trees, etc., be placed within fifteen feet of either side of said canal. For more information, please call Emmett Mavy at 307-880-3821. The SVCD recommends selecting plants that have low requirements for water, fertilizers, and pesticides. Cultivate plants that discourage pests and minimize high maintenance grassed areas. It is the policy of the Star Valley Conservation District to promote the conservation and efficient use of water and to prevent the waste of this valuable resource. We encourage greater water efficiency in landscape design, installation, and maintenance. The waters of the state are of limited supply and are subject to ever increasing demands. Soils information provided by the Natural Resources Conservation Service (NRCS) Star Valley Soil Survey is attached. The information provided is not site specific and does not eliminate the need for onsite investigation of the soils or for testing and analysis of these soils by personnel experienced in the design and construction of engineering work. Local ordinances and regulations should be followed in planning, site selection, and design. Noxious Weeds Lincoln County Weed and Pest report is included separate from this report. Please take note of any recommendations made there. Lincoln County Weed & Pest furnishes herbicides for noxious weed control at a discount to landowners. Check with Weed and Pest to see if you qualify. They also offer ATV sprayers and 25-gallon pickup sprayers for rent. All visits to the property as well as any consultations are at no charge. To contact Lincoln County Weed and Pest call 307-885-9333 (WEED). Small Acreage Grazing/Livestock Management Please be aware, grazing animals on small acreages can have a significant impact on the condition of soil, water, plants, and other natural resources. Care should be taken to ensure agricultural activities such as grazing, corrals, pastures, feedlots, animal waste storage or spreading does not take place within any wellhead protection zone. Best management practices should be implemented on these parcels to ensure animal wastes does not reach spring or Salt River during times of high water, snow melt, or storm run-off. This can be done by using berms, filters strips, grassed swales and catch ponds. The SVCD recommends the individual lot owners obtain a site-specific grazing and waste management conservation plan from the local Natural Resources Conservation Service office in Afton. The plans are provided free of charge. For more information, please contact Adam Clark at 307-886-9001 ext. 109 or by email at adam.p.clark@usda.gov. Wildfire and Landscaping: Wildfire is possible in this area. Well planned landscaping can reduce wildfire danger. The home should have a defensible space. SVCD recommends following the guidelines in the University of Wyoming Barnyards and Backyards Living with Wildfire in Wyoming publication. http://www.uwyo.edu/barnbackyard/_files/documents/resources/wildfire2013/wildfire_web.pdf Wildlife Friendly Fencing Fences cause the direct mortality of wildlife through entanglement and prohibition of movement to seasonal ranges. Fences constructed or currently in existence on the property should be designed to allow free and unrestricted movement of wildlife. Wyoming Game and Fish Department recommends fences be built to minimally restrict livestock and horses, while allowing free movement of wildlife (e.g., a smooth bottom wire 16-18 inches above ground, a 39- inch maximum height and at least 12 inches between the top two wires). Wildlife can benefit from any area of open space. For more information please see Fencing Guidelines for Wildlife Wyoming Game & Fish Habitat Extension Bulletin No. 53 at the Wyoming Game and Fish website http://gf.state.wy.us/downloads/pdf/habitat/Bulletin%20No.%2053.pdf. Homeowners should protect ornamental shrubs used for landscaping and future homeowners should know that, by state statute, the Wyoming Game and Fish Department is not liable for damage caused to ornamental plants by wildlife. The potential exists for wildlife conflicts, especially between wildlife and free-ranging domestic pets. The landowner should take precautions to minimize harassment of wildlife by dogs and cats. It is illegal to allow pets to chase or kill wildlife. Likewise, rural landowners should recognize that black bears, mountain lions, and other carnivores may come near their dwellings and may pose a threat to pets allowed to range freely. Sensitive Species and Historical Resources Sensitive, threatened, or endangered species were not evaluated as part of this review. STAR VALLEY CONSERVATION DISTRICT Kay Lynn Nield District Manager DEVELOPMENT AGREEMENT FOR VALLEY SPRINGS II SUBDIVISION FILE NO. #101 MA 23 THIS AGREEMENT is made and entered into as of the ____ day of ______________, 2023 by and between Lincoln County, Wyoming, hereinafter referred to as “County”, whose address is 421 Jefferson St., Suite 701, Afton, Wyoming, 83110, specifically Lincoln County Planning and Development and CR Group, LLC., hereinafter referred to as OWNER/DEVELOPER”, whose address is P.O. Box 10400, Jackson, WY 83001. WHEREAS, it is the intent and purpose of the OWNER/DEVELOPER to meet the conditions of approval for File No.# 101 MA 23 Subdivision to subdivide approximately 35.00 acres into 7 lots as set forth in the Preliminary Plat; and WHEREAS, the OWNER/DEVELOPER is the sole owner of the identified certain Property (see Exhibit A) located in the County; and WHEREAS, it is the intent and purpose of the OWNER/DEVELOPER and the County to enter into this Agreement that will guarantee the full and satisfactory completion of the required Improvements on the Property described in this Agreement and it is the intent of this Agreement and the parties to satisfy the Improvement requirements and to provide for the approval of the final plat application by the Lincoln County Board of County Commissioners and the final plat recordation in the Office of the Lincoln County Clerk of Northwinds Subdivision; NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties agree: Section 1. Definitions 1.1 SUBDIVISION:The subject of this Agreement, which is designated and identified as File No. #101 MA 23 Northwinds Subdivision on the Property described in Exhibit A in the jurisdiction of Lincoln County, Wyoming. This definition shall include any and all future mention to the term SUBDIVISION. 1.2 IMPROVEMENT:Any alteration to the land or other physical construction located on or off the Property that is associated with this subdivision, building site, or development. 1.3 OWNER//DEVELOPER:means and refers toCR Group,LLC, whose address is P.O. Box 10400, Jackson, WY 83001, the party that owns and is developing the Property and shall include and subsequent owner(s) or OWNER/DEVELOPER(s) of the Property. 1.4 PROPERTY:means and refers to the identified approximately 35.00+/- acres of a certain parcel(s) of Property located in Lincoln County, Wyoming, as described in Exhibit A. Page 1 of 10 Section 2. Planned Improvements. The OWNER/DEVELOPER shall, at its sole cost and expense, properly install and complete the following required improvements: ●Subdivision Road: o 26’ width travel lane from Perkins County Road 119 through the completed cul-de-sac. o 70’ radius cul-de-sac (120’ travel lane) at end of the new private road. ●Submittal of Water Distribution Plan to the State Engineer’s Office ●Utilities: o Install Electrical Power to each identified lot. o Install Communication lines to each identified lot. ●Surveyor’s lot monuments as set forth in the Preliminary Plat attached hereto as Exhibit B. ●Disturbed areas shall be reseeded to avoid weed infestation and erosion. ●Road Signs: The Developer to purchase private road name signs and stop signs through Lincoln County, Wyoming Planning and Engineering Office to assure standardization throughout the County and said County Office will install after completion of improvements and subdivision final approval. OWNER/DEVELOPER agrees that these Improvements shall be installed in compliance with Lincoln County Land Use Regulations Chapter 6 adopted by the County or other agencies responsible for providing services to the Development. Section 3. Sales or building permits.No lot shall be sold prior to final plat approval by the Lincoln County Board of County Commissioners and recording by the Lincoln County Clerk. Also no building permits shall be issued by the County until final plat approval and recording. Section 4. Schedule for Commencement and Completion of the Improvements. The OWNER/DEVELOPER shall commence construction of the Improvements for SUBDIVISION within two (2) years after the SUBDIVISION Preliminary Plat approval by the Lincoln County Board of County Commissioners. The OWNER/DEVELOPER will complete construction of the Improvements within three (3) years after approval of the Preliminary Plat. If OWNER/DEVELOPER does not commence construction of the Improvements within two (2) years or complete Improvements within three (3) years of the date of SUBDIVISION Preliminary Plat approval by the Lincoln County Board of County Commissioners, the preliminary plat approval for SUBDIVISION will be automatically revoked. At such time, the OWNER/DEVELOPER must reapply for approval of SUBDIVISION under the then current County subdivision regulations. If OWNER/DEVELOPER timely completes the Improvements and meets all of the conditions of approval set out in the Final Determination approving the Preliminary Plat and improvements as outlined in this SUBDIVISION Agreement, a Final Plat shall be signed and recorded. Page 2 of 10 Section 5. Control of trash, weeds, dust, erosion, and sedimentation.The OWNER/DEVELOPER shall be fully responsible for all dust abatement, erosion, sedimentation, weed, and trash control on the Property required by any County, State or Federal regulations. OWNER/DEVELOPER shall use best management practices and industry standards for control. Trash shall be contained at all times. The responsibilities in this Section shall run with the land and shall therefore apply before, during, and until completion of Improvements. Section 6. Permits.The OWNER/DEVELOPER is responsible for obtaining all 60’ right-of-way, easements, access, excavation, and other permits and approvals required by local, State, or Federal regulations. Section 7. Inspections.The OWNER/DEVELOPER’s representatives shall make regular inspections and maintain control of SUBDIVISION while it is under construction. Representatives of the County shall have the right to enter upon the Property at any reasonable time to inspect and to determine whether the OWNER/DEVELOPER is in compliance with this Agreement. The OWNER/DEVELOPER shall permit the County and its representatives to enter upon and inspect the Property at reasonable times. The OWNER/DEVELOPER will not materially deviate from the Improvements required herein without the prior written approval of the County, which approval will not be unreasonably withheld. Section 8. Final Inspection and Approval of Improvements.The OWNER/DEVELOPER shall notify the County when it believes that the Improvements have been fully and properly completed and shall request final inspection and approval and acceptance of the Improvements by the County. At the time of such notification to the County, OWNER/DEVELOPER shall submit to County a set of “as built” plans and specifications, prepared by its engineer. The County will provide interim and final inspection of the Improvements within a reasonable time period after notification by the OWNER/DEVELOPER of completion and submission of “as built” plans and specifications. Upon inspection, the County shall give written acceptance of the Improvements or a written checklist of material deficiencies, such noted deficiencies shall be specific as to location and shall specify, in detail, the necessary corrective action to be taken by the OWNER/DEVELOPER. Upon approval of the final inspection, the County shall notify OWNER/DEVELOPER of its acceptance of the Improvements. Section 9. Warranty of the Improvements. The OWNER/DEVELOPER warrants the prompt and satisfactory correction of all defects and deficiencies, for both materials and workmanship, in the Improvements that occur or become evident within one year. If such defect or deficiency occurs or becomes evident during such period, then the OWNER/DEVELOPER shall, within thirty (30) days after written demand by the County to do so, correct it or cause it to be corrected. If the defect or deficiency cannot be reasonably corrected within thirty (30) days after written demand from the County, the OWNER/DEVELOPER shall commence the correction of the deficiency within the thirty (30) day period and proceed with reasonable diligence to correct the same or cause it to be corrected. Section 10. Remedies.In the event the OWNER/DEVELOPER fails to perform any of the terms, conditions or obligations in this Agreement or has not resolved a defect or deficiency Page 3 of 10 under this Agreement, the County, at its option, may exercise any rights and remedies it may have under law. Furthermore, the County reserves the right, in its absolute discretion, to revoke the OWNER/DEVELOPER’s approvals for SUBDIVISION. In the event of said revocation, OWNER/DEVELOPER must reapply for approval of SUBDIVISION under the then current County subdivision regulations. Section 11. Default.If the OWNER/DEVELOPER fails to fully perform any of its obligations in accordance with this Agreement, or fails or refuses to correct any defect or deficiency in the Improvements required by this Agreement, then the OWNER/DEVELOPER shall be in Default of this Agreement. Lincoln County shall notify the OWNER/DEVELOPER of the specific Default or failing. If Default occurs, then Lincoln County shall be entitled to use any of the Remedies in the preceding paragraph at its own discretion. Section 12. Maintenance of Lots. OWNER/DEVELOPER hereby agrees that all unsold lots shall be maintained by the OWNER/DEVELOPER at the OWNER/DEVELOPER’s sole expense. Section 13. Maintenance of Roads. OWNER/DEVELOPER hereby agrees that they will create a binding document either a HOA, CCRs, Road Maintenance Agreement, Special Improvement District, or Mutual Benefit Corporations that at a minimum: a)Provide an entity for ongoing road maintenance including the collection of road maintenance fees; b)Provide an entity for ongoing snow removal including the collection of snow removal fees; c)Ensure road maintenance and snow removal are maintained indefinitely. d)The chosen document must be filed at the time of final plat filing, and bind all current and future owners to the agreement. Section 14. Binding Upon Successors.This Development Agreement shall be binding upon and inure to the benefit of the parties’ respective heirs, successors, assigns and personal representatives. Section 15. Notices.Any written notices required herein shall be deemed delivered to the addressee when delivered in person on a business day at the address set forth below or on the third day after being deposited in the United States mail, for delivery by properly addressed, postage prepaid, certified or registered mail, return receipt requested, to the address set forth below. Notices to the County shall be addressed to, or delivered at, the following address: Lincoln County Board of County Commissioners ATTN: Planning Director Planning and Development Office 421 Jefferson St., Suite 701 Afton, Wyoming, 83110 Page 4 of 10 Notices to the OWNER/DEVELOPER shall be addressed to, or delivered at, the following address: CR Group, LLC ℅ Cordell Critchell P.O. Box 10400 Jackson, WY 83001 Section 16. Indemnification. A.No Liability for County Approval or Denial. The OWNER/DEVELOPER acknowledges and agrees (1) that the County is not, and shall not be, in any way liable for any damages, loss or injuries whatsoever, including attorney fees, that may be sustained as the result of the County’s issuance or denial of any permits, inspections, approvals or acceptances of the Improvements or use of any portion of the Improvements, and (2) that the County’s issuance or denial of any permits, inspections, approvals or acceptances does not, and shall not, in any way be deemed to insure the OWNER/DEVELOPER, or any of its heirs, successors, assigns, tenants, or licensees or any third party, against damage or injury of any kind. B.Indemnification. Except as provided below, the OWNER/DEVELOPER agrees to, and does hereby, indemnify the County, and all of its elected and appointed officials, officers, employees, agents and representatives from any and all claims, costs and liability of every kind and nature that may be asserted at any time against any such parties for injury or damage received or sustained by any person or entity in connection with (1) the County’s review of, denial, or approval of any plans, including those for the Improvements, (2) the inspection or issuance of any approval or acceptance of Improvements, (3) the SUBDIVISION, construction, maintenance or use of any portion of the Improvements and (4) the performance by the OWNER/DEVELOPER of its obligations under this Agreement and all related Agreements. The indemnification required herein shall include, but not be limited to, any costs of defense incurred by the indemnified parties including attorney fees and expert witness fees. Section 17. Amendments or Alterations. Any changes,omissions, modifications, revisions, additions or amendments to this Development Agreement shall be incorporated by written instrument, executed and signed by all parties. Section 18. Severability.The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. Section 19. Filing. The County shall have this Agreement recorded in the Office of the Lincoln County Clerk. Section 20. Authority to Execute.The County hereby warrants and represents to the OWNER/DEVELOPER that the persons executing this Agreement on its behalf have been properly authorized to do so by the Board of County Commissioners. The OWNER/DEVELOPER hereby warrants and represents to the County (1) that it is the owner of Page 5 of 10 record of the Property or the owner’s authorized representative, (2) that it has the right, power, and authority to enter into this Agreement and to agree to the terms, provisions, and conditions set forth herein and to bind the subdivision as set forth herein, (3) that all legal action needed to authorize the execution, delivery, and performance of this Agreement have been taken, and (4) that neither the execution of this Agreement nor the performance of the obligations assumed by the OWNER/DEVELOPER hereunder will (i) result in a breach or default under any Agreement to which the OWNER/DEVELOPER is a party or to which it or the subdivision is bound or (ii) violate any statute, law restriction, court order, or Agreement to which the OWNER/DEVELOPER or the subdivision is subject. Section 21. Regulations.The OWNER/DEVELOPER agrees to abide by all regulations, laws and codes of Lincoln County, the State of Wyoming, and the Federal Government. Section 22. Applicable Law/Venue.The construction,interpretation, and enforcement of this Agreement shall be governed by the laws of the State of Wyoming. The Courts of the State of Wyoming shall have jurisdiction over this Agreement and the parties, and the venue shall be the Third Judicial District, Lincoln County, Wyoming. Section 23. Insurance.OWNER/DEVELOPER shall procure,and at all times maintain, general liability insurance to protect from claims for damages because of negligence or bodily injury, including but not limited to death and damages to property, all with coverage limits of no less than one million dollars ($1,000,000.00). Said insurance will also provide coverage to fulfill the OWNER/DEVELOPER’s indemnification requirements set forth herein and be obtained before beginning construction. Upon request, OWNER/DEVELOPER agrees to provide a certificate of liability insurance to County evidencing said limit. Section 24. Entirety of Agreement.This Agreement sets forth all promises, inducements, agreements, condition and understandings between OWNER/DEVELOPER and County relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between OWNER/DEVELOPER and County, other than as are stated herein. All Exhibits referenced herein are incorporated in this Agreement as if set forth in full including all text information in the Exhibits. In the event of any conflict of terms in this Agreement and any Exhibits, the terms of this Agreement shall control. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns. Section 25. No Waiver of County Rights. No waiver of any provision of this Agreement will be deemed to constitute a waiver of any other provision nor will it be deemed to constitute a continuity waiver unless expressly provided for; nor will the waiver of any default under this Agreement be deemed a waiver of any subsequent default or defaults of the same type. The County’s failure to exercise any obligation under this Agreement will not constitute the approval of any wrongful act by the OWNER/DEVELOPER or the acceptance of any Improvement. OWNER/DEVELOPER acknowledges that Lincoln County reserves the right to revoke all approvals for SUBDIVISION upon failure to comply with SUBDIVISION conditions of Page 6 of 10 approval, upon any of the violations of Lincoln County Land Use Regulations, or for misrepresentations or material omissions made to the Lincoln County Planning and Engineering Office or Board of County Commissioners. Section 26. Sovereign Immunity.The County does not waive sovereign immunity by entering into this Agreement and specifically retains immunity and all defenses available to it pursuant to law, including government immunity. Section 27. Effective Date.This Agreement shall become valid and binding only upon its approval by the Lincoln County Board of County Commissioners and shall be effective on the date first written above. IN WITNESS WHEREOF,the parties to this Agreement through their duly authorized representatives have executed this Agreement on the days and dates set out below and certify that they have read, understood, and agreed to the terms and conditions of this Agreement. LINCOLN COUNTY ________________________________Date: ______________________ _________________________, Chair Board of Lincoln County Commissioners Attest: ________________________________ April Brunski Lincoln County Clerk Page 7 of 10 OWNER/DEVELOPER ________________________________Date: ______________________ Cordell Critchell, Managing Member of CR Group, LLC, a Wyoming limited liability company STATE OF WYOMING ) ) ss COUNTY OF LINCOLN ) The foregoing instrument was acknowledged before me by Cordell Critchell, Managing Members of CR Group, LLC, a Wyoming limited liability company this ____ day of ______________ 2023. Witness my hand and official seal. (SEAL) _____________________________________ Notary Public My Commission expires: ________________ Page 8 of 10 EXHIBIT A DESCRIPTION OF PROPERTY Northwinds Subdivision 35.00+/- acres within Section 7, Township 34 North, Range 118 West, in, Lincoln County, Wyoming. Page 9 of 10 EXHIBIT B APPROVED PRELIMINARY PLAT See Attached Page 10 of 10 Northwinds Subdivision 101-MA-23 Addendum to Staff Report: UPDATED:Recommended Plat Warning (Additions in Bold) The septic systems for the Northwinds Subdivision shall be conventional on-site septic systems. It is the Individual lot/home owner’s responsibility to obtain a Permit to Construct from Lincoln County to construct a septic system. For lots where the soils have a percolation rate of less than 5 minutes per inch it is the Individual lot/home owner’s responsibility to obtain a Chapter 3 Permit to Construct from the Wyoming Department of Environmental Quality. A professional Engineer licensed with the State of Wyoming must obtain the Chapter 3 Permit to Construct from the Southwest District Engineer in Lander, Wyoming.In areas in which groundwater is found to be high during soil cut inspections, an engineered septic system will be required and no basements will be allowed. Emmett Mavy <emmett.mavy@lcwy.org> FILE No. 01 MA 23 Northwinds Subdivision .28 miles SW of Star Valley Ranch 1 message Steven Simpson <steven@silverstar.com>Mon, Dec 19, 2022 at 4:58 PM To: planning@lcwy.org Greetings Robert Davis and Emmett Mavy, I am sending this e-mail to you regarding the above Major Subdivision listed above. I built our home that I preseently live in back in 1982. Forty years ago. Since that time I have seen all of the 500 houses on the south end of SV Ranch bullt. My little dirt road (County road 119) has increased in traffic from a auto every 5 hours to a car every 25 seconds. The planning office did not let Mr. Ortega, a developer from Montana, subdivide his 182 acres East of me about 8 years ago. I cannot understand in my mind we (the Lincoln County Planning Board and myself) would allow the same situation to move forward with this developer. Please keep this acreage Agricultural and not allow it to be changed to Residential. There are four other 40 acres pieces that are four sale right here by this one, and they will follow suit, I’m sure. The water and Sewer will become a problem, as will the traffic… Thank You for your time and efforts, Steven H. Simpson