HomeMy WebLinkAboutCombined BCC Staff Report 104-CUP-23 Ridgeline Storage ExpansionLINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS
STAFF REPORT
Conditional Use Permit
HEARING TIME AND DATE:10:00 a.m.,April 5,2023
LOCATION:Lincoln County Courthouse,Commissioner Boardroom 3rd
Floor,Kemmerer,Wyoming &Via Video Conferencing Afton Branch Office Building
Conference Room,421 Jefferson St.,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
1/4
4.29 acres and would need to be expanded 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:
At the March 22,2023 meeting,the Planning &Zoning Commission sent 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 with
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.All buildings shall meet State Fire Marshal requirements at the time of construction..
5.Any building not started within 2 years must obtain a Zoning &Development Permit prior
to construction.
3/4
6.A 6’buffer fence is to be built or a 30’wide snow removal easement is to be obtained.
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.
CORRESPONDENCE:
Wyoming Department of Transportation:WYDOT has no objections
FYI -US 89 between Thayne and Etna is anticipated to be widened to 5-lanes sometime
in the future under Project No.N103102.The WYDOT project will relocate the existing
access at MP 104.02 approximately 200'north.The existing access will be removed with
the US 89 widening project.The applicant should plan accordingly for access relocation.
Thayne Fire Chief:Did not comment.
Public Comment:Bryan Tennant a property owner 850’southeast of the project commented via
email against the project.
1.I have ample cause to believe that the proposed expansion would negatively impact the
market value of my property.
2.The expansion is large and will be visible from my property and spoil views and create an
"eyesore".
3.County does not have adequate law enforcement and/or code violation staff to adequately
police additional commercial storage which can be used for illegal uses such as illegal
drug manufacture or storage.The 24 hour access of these businesses can lead to late
night/early morning noise disturbances to local residents.
4.This spoils the rural appearance and aesthetics that promote tourism.Currently,HWY 89
is considered a "Scenic Byway"(Scenic America -National Non-Profit Against Visual
Pollution)additional large scale commercial storage buildings destroys this scenic
beauty.
4/4
Dear Commissioners,
I write to you in OPPOSITION to granting the conditional use permit
application referenced above which allows expansion of this commercial
business.
I own a parcel in adjacent Rolling Acres Subdivision:
1. I have ample cause to believe that the proposed expansion would
negatively impact the market value of my property.
2. The expansion is large and will be visible from my property and
spoil views and create an "eyesore".
3. County does not have adequate law enforcement and/or code
violation staff to adequately police additional commercial storage
which can be used for illegal uses such as illegal drug manufacture
or storage. The 24 hour access of these businesses can lead to late
night/early morning noise disturbances to local residents.
4. This spoils the rural appearance and aesthetics that promote
tourism. Currently, HWY 89 is consisdererd a "Scenic Byway"
(Scenic America - National Non-Profit Against Visual Pollution)
additional large scale commercial storage buildings destroys this
scenic beauty.
Please refuse to grant this application.
Sincerely,
Bryan Tennant
Kathleen Davison, chair
Kemmerer, Wyoming 83101
Je~rry T. Harmon
Aft0n, Wyoming 83110
Stan CooperKemmerer, Wyoming 83101
Board of County Commissioners
LINCOLN COUNTY
925 SAGE STREET
KEMMERER, WYOMING 8310 !
Marsha Moe, clerk
Kemmerer, Wyoming 83101
307-877-9056
307-877-4237 Fax
July 9, 1996
Kendall Jenkins and Hal Heiner
H & K Welding
Post Office Box 167
Freedom, Wyoming 83120
RE: PZC96-113, Proposal to construct two storage units each 125 feet X 70 feet in size.
Dear Kendall and Hal,
On July 3, 1996 the Lincoln County Board ofCounty Commissioners held a hearing on PZC96~ 113. At this hearingtheCommissionersapprovedyourapplicationforaclassIIpermitwithconditions.
FINDINGS PZC96-113
A. The proposed Class II permit is consistent with the goals, objectives, and policies of the Lincoln County
Comprehensive Plan specifically:
1) the project design and density is as compatible as reasonably possible with adjacent land uses, and
2) the project has not raised any issues with land owners of the area which have created any major conflicts.
B. The proposed Class II permit with conditions will not have any significant adverse impacts on neighboring
properties, specifically:
1) the project design and density is as compatible as reasonably possible with adjacent land uses, and
2) a public hearing was held on the project and the project was noticed to adjoining land owners with no issued
raised with the project being compatible with the area and also as such no buffering is required.
C. The proposed Class II permit is, with conditions, consistent with the Lincoln County Permit System on Resolution
in its development and design, specifically:
1) the project meets all applicable setbacks,
2) the size ofthe project property is adequate for the project to function efficiently without overcrowding given the
property's topography and location, and
3) the project was processed according to the procedures specified in the Permit System Resolution.
CONDITIONS OF APPROVAL PZC96-113
1. Any trash enclosure(s) which are located at the project site shall be screened and designed to prevent trash from
being scattered by the wind and animals, and trash shall be hauled from the site at least once a month.
2. Storm water is to be carried off-site without damage to surrounding properties.
3. All permanent facilities shall be designed such that storm water is directed away from the structures.
4. Construction must commence within one year from the approval date of this permit for the permit to remain valid.
A renewal may be requested prior to the expiration date ofthe permit. The Administrator may renew the permit or
upon determination by the Administrator the permit may be required to be reviewed again by the Planning and Zoning
Commission and the Board of County Commissioners.
5. An access permit(s) shall be obtained from the Wyoming Department of Transportation for the access(s) to the
subdivision. The access(s) shall be constructed to the standards specified by the Wyoming Department of
Transportation. Proof of the issuance of access permit(s) shall be provided to the Lincoln County Office ofPlanning
and Community Development.
6. Prior to use offacilities covered under this permit the applicant shall contact the Planning Office for an inspection of
the facilities and compliance with any applicable condition of approval.
7. This permit is for storage units. Any new use of the site will require a revised or new permit prior to the new use
beginning.
If you have any questions feel free to call.
Sincerely,
Kathy l~vison
Chair
cc: County Clerk
County Commissioner's File
Planning Director's Approval Letter File
Planning Department Project File
Planning Department Agenda File
Afton Planning Office
County Engineer
Planning and Zoning Commissioners
Board 01 Lincoln County Commissioners
925 Sage Avenue
ALAN LINFORD, CHAIRMAN Kemmerer, WY 83101
Afton, Wyoming 83110
KENT CONNELLY
Kemmerer, Wyoming 83101
307-877-9056 Ext: 313
307-877-4237 Fax
e-mail: commission@lcwy.org
T. DEB WOLFLEY
Fairview, Wyoming 83119
December 7, 2005
Kendall Jenkins and Hal Heiner
Box 167
Freedom, VVl{ 83120
RE: #107 PZ 05, a proposal to expand an existing storage unit complex
Dear Applicant,
On December 7, 2005, the Lincoln County Board of County COlnmissioners held a
hearing. At this hearing the Commissioners approved your application for a Conditional
Use Permit. Please contact John Woodward of the Office of Planning and Development
for any further information you need.
Sincerely,
f~1~
Chairman
ce. County Clerk
County Commissioner's File
Planning Department Project File
Planning Department Agenda File
Afton Planning Office
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