Loading...
HomeMy WebLinkAbout104 CUP 23 Ridgeline StorageLINCOLN COUNTY PLANNING & ZONING COMMISSION STAFF REPORT Conditional Use Permit HEARING TIME AND DATE: 6:00 p.m., March 22, 2023 LOCATION:Lincoln County Courthouse, Commissioner Boardroom 3rd Floor, Kemmerer, Wyoming & Afton Planning & Development Office, 61 E. 5th Ave., Afton, Wyoming FILE # 104 CUP 23 APPLICANTS:Jenkins Storage, LLC / ℅ Vern & Kendall Jenkins PROJECT NAME:Ridgeline Storage Expansion COMMUNITY PLAN AREA:Thayne ZONING:Rural PLANNER:Emmett Mavy PIN:3519-352-00-153 ______________________________________________________________________________ PROPOSAL:A Conditional Use Permit Application for the expansion of six additional commercial storage unit buildings in the Rural zone along HWY 89. Six new buildings 40’ wide by 189’ long by 18’ tall. Each new building will have 13 storage units with a total of 78 new units being requested. Each building will be 7,560 sq. ft. with a total of 45,360 new sq. ft. proposed. Existing driveway access will be utilized through Rural Address 103954 US HWY 89. LOCATION:1.3 miles northeast of the Town of Star Valley Ranch, Wyoming, Section 35 T35N R119W. ATTACHMENTS: 1.Vicinity Map 2.Site Plan 3.Project Narrative and Request 4.Correspondence ______________________________________________________________________________ BACKGROUND: This storage unit facility has been permitted in three previous stages. Stage I was permitted PZC-96-113 for the first two buildings on June 26,1996. The second stage 107-PZ-05 was approved on December 7, 2005. After the second stage, two additional buildings were built on the property. On April 10, 2019, four additional storage buildings were permitted under Permit 104-PZ-19 and built shortly after. In 2020, the property was split giving the two buildings to the north to Hal Heiner in a one lot subdivision of 1.51 acres. The storage facility is now separated by ownership with Hal Heiner owning the two buildings to the north and Vern & Kendall Jenkins owning the six buildings to the south. For stage four 104-CUP-23 (This Proposal)Vern and Kendall Jenkins now wish to add an additional six storage buildings bringing their total to twelve on their property and 14 total for the combined project. The current Vern & Kendall property is 4.29 acres and would need to be expanded 1/4 to eight (8) acres to accommodate the six (6) additional buildings. This would be accomplished by a boundary line adjustment as Kendall Jenkins owns the land to the north and east, and the land is outside a subdivision. SITE PLAN 2/4 PLANNING STAFF RECOMMENDATION: Planning staff recommends that the Planning & Zoning Commission send a recommendation of APPROVAL to the Board of County Commissioners for File #104 CUP 23, a proposal to establish six new storage unit buildings, with the attached staff findings and conditions (Findings of Approval A through D and Conditions of Approval 1 through 11): FINDINGS OF APPROVAL: A.The proposal is consistent with the provisions of Wyoming Statute 18- 5- 203 providing for Board of County Commissioner authority for zoning regulation of buildings and uses of land and 18- 5- 207 providing for the continuation of existing uses. B.The proposed use, with conditions, is consistent with the goals and objectives of the Lincoln County Comprehensive Plan, specifically: a. Section II Housing, Objective 2. Promote the development of affordable housing and infrastructure concentrating development in and around existing communities; b. Section III Economic Development, Goal A. Promote and assist in the development of commercial, recreational, and industrial activities. C.The proposed use, with conditions, will not substantially impair the appropriate use of neighboring property; and will serve the public need, convenience and welfare. D.The proposed use is consistent with the provisions of the Lincoln County Land Use Regulations, specifically: a. Chapter 3 Section 3. 1 Conditional Use Procedures; b. The provisions for the Thayne Community Plan Overlay Zone; CONDITIONS OF APPROVAL: 1.This permit is to operate the uses outlined in the project description. Significant alterations from the uses described or a modification of structures from the original application shall require additional permitting. 2.The Applicant shall have a Storm Water Pollution Prevention Plan onsite during construction compliant with WDEQ. 3.WYDOT Wyoming Department of Transportation Access permits shall be confirmed in writing to meet State Approval to expand the facility prior to the start of construction of new buildings. 4.A Wyoming State Fire Marshal Plan Review is Required on all commercial buildings in Wyoming and must be approved prior to construction. 5.Any building not started within 2 years must obtain a Zoning & Development Permit prior to construction. 6.A 6’ buffer fence is to be built on-site at the grade of the new buildings that blocks the neighbors from seeing people load and unload their storage units. 3/4 7.Prior to the start of construction, a boundary line adjustment that extends the east property line an additional 580’ to the East and with a matching north property line extending 279’ to the North from the South Property Line. This boundary line adjustment must include moving the property line that is currently north north of the Stage III units (104-PZ-19)an additional 112’ to the north to make room for the road and snow storage. This will result in the property being approximately eight (8) acres in total. 8.Drainage must be designed to not flow onto neighboring properties. 9.Prior to construction of new buildings, all existing lighting on the property including the six (6) existing storage buildings must comply with the Lincoln County Lighting Standards as set out in Chapter 6.10 Lighting (Includes Exterior Lighting and Glare). This includes all lighting must be shielded and bulbs not visible from HWY 89. 10.25’ Agriculture Setback it maintained at all times. 11.No Outdoor Storage is being permitted. 4/4 UV239 £¤89 Star Valley Ranch 30 31 19 36 21 25 3433 26 35 28 2422 27 23 35N 118W35N 119W £¤89JENKINS, KENDALL JENKINS, KENDALL SILVER STAR TELEPHONE JENKINS STORAGE, LLC FREEDOM HILLS, LLC CALL, DEEW TRUSTEE HEINERSTORAGE, LLC Maxar, Microsoft Conditional Use Application Projects US Highways WY Highways Township & Range Sections Municipalities Public Noticing 104 CUP 23 Ridgeline Storage Jenkins Storage, LLC c/o Vern and Kendall Jenkins Prepared using available data by Katie Gipson on 24 Feb. 2023. Map is for informational purposes only and in no way represents an official survey of land. BEFORE THE BOARD OF COUNTY COMMISSIONERS LINCOLN COUNTY, WYOMING In the Matter of Additional Commercial Storage Units in Phases Request for Conditional Use Permit Application File No. 104 PZ 19 FINAL DETERMINATION THIS MATTER having come before the Board of County Commissioners on the 10th day of April, 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 for the development of 4 each Additional Commercial Storage Units to be completed in phases on 3 +1- acres in the Rural Zone. The 4 each additional storage units are to be constructed by the existing storage units owned by H&K Storage and utilize existing driveway access with a Rural Address of 103954 US89. The project is in Township 35 North, Range 119 West, Section 35 in the 6th Principle Meridian, Lincoln County, Wyoming. BACKGROUND: The H &K Storage Facility began 20 years ago on Kendall Jenkins' land across from the Freedom Silver Star Communications Office along US 89 north of Thayne. Later it was enlarged. Recently Kendall and his son Vern have purchased the three acre parcel south of the complex that has a rental house, outbuildings and mature landscaping. The proposal would place the shortest building behind the rental house and vegetation with later taller buildings east of the first phase. Since there is an established storage business visible along the highway the new addition does not necessarily need highway exposure. CORRESPONDENCE: Darin Kaufman, P.E., PTOE, Traffic Engineer with WYDOT,has commented that his department will not require additional permitting for the existing approach into the existing storage business. PLANNING&ZONING COMMISSION RECOMMENDATION: At the March 27, 2019 meeting, Planning and Zoning Commission sent a recommendation of Approval to the Board of County Commissioners of file#104 PZ 19 with: Findings of Approval A. through D. Conditions of Approval 1. through 3. FINDINGS OF APPROVAL: A. The proposal is consistent with the provisions of Wyoming Statute 18-5-203 providing for Board of County Commissioner authority for zoning regulation of buildings and uses ofland. B. The proposed use, with conditions, is consistent with the goals and objectives of the Lincoln County Comprehensive Plan, specifically: a. Comprehensive Plan, Section III Economic Development, Goal A. Promote and assist in the development of commercial, recreational,and industrial activities inasmuch as the project represents the logical expansion of a successful commercial enterprise; and, b. Land Use Regulations, Section 3.1 Conditional Use Permit Procedures inasmuch as the applicant has followed required process for the proposed use and the county provided the required notices for the project; and, c. Land Use Regulations, Section 7.1 Definitions for Commercial Storage Units— Any lot, parcel, or tract or portion of the lot, parcel, or tract which is used for the sole purpose of storage of items in enclosed unit(s). This does not include large amounts of hazardous material as per applicable state and federal laws. C. The proposed use, with conditions,will not substantially impair the appropriate use of neighboring property; and will serve the public need, convenience and welfare given that the west side of the project is a rental house owned by the applicant,north side is occupied by same use as proposed, east and south side border open agricultural land. D. The proposed use, with conditions, is designed to be compatible with adjacent land uses and the area of its location given that the rental house and mature landscaping are situated between the project area and US Highway 89 and given the fact that the first phase building, nearest to the highway,will be shorter in height than the other phases to lessen the impact of bulky buildings near the highway. CONDITIONS OF APPROVAL: 1. Any substantial modification to the project shall require additional permitting. 2. Any outdoor lighting shall comply with Section 6.10 Lighting in order to minimize fugitive light, including the provision that the outdoor lights be hooded in design with not light source extending below the hood. 3. Ifproperty is conveyed to a third party, a perpetual commercial access easement shall be obtained and recorded prior to conveyance. CONCLUSIONS OF LAW This Conditional Use Applicati• L IS NOT CONSISTENT with the following required findings of the Lincoln County La • Use Regulations and Comprehensive Plan: The proposed Conditional Use IS IS NOT consistent with the standards of the Lincoln ounty Land Use Regulations an IS IS NOT consistent with the goals and objectives of the Lincoln County Comprehensive Plan. The proposed Conditional Use WIL W L NO ubstantially impair the appropriate use of neighboring property; and 40 r NOT serve the public need, convenience and welfare. The proposed Conditional Us IS NOT designed to be compatible with adjacent land uses and the area of its locatio 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; 0 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 10th day of April, 2019. Jerry TaZn, Vice-Chairman CERTIFICATE OF MAILING I, CI eye 72ber}s hereby certify that on the IC frh day of Apr,1 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: Kendall Jenkins &Vern Jenkins 1227 HWY 239 Freedom, WY 83120 Corey Roberts