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HomeMy WebLinkAbout106 SS 23 Hilltop Subdivision Staff Report 106 SS 23 BCC kgipsonLINCOLN COUNTY PLANNING AND ZONING COMMISSION STAFF REPORT Rezone Petition Conditional Use Application HEARING TIME AND DATE: 7:00 p.m. April 25, 2007 LOCATION: Cokeville, Wyoming FILE #: 603 PZ 07 and 108 PZ 07 APPLICANT: Joseph Sender PROJECT NAME: Hilltop Subdivision COMMUNITY PLAN AREA: Alpine ZONING: Mixed REPRESENTATIVE: Surveyor Scherbel, Ltd. PLANNING STAFF: Katie Gipson PROPOSAL: A Simple Subdivision Application to subdivide 7.2 +/- acres into 2 residential lots with one lot of 2.7 +/- acres and the other lot of 4.5 +/- acres with an average lot size of 3.6 +/- acres in the Mixed Zone. The project site is accessed off of Peterson Lane. The lots will be served by individual wells and individual septic systems meeting current state and county standards. LOCATION: The parcel is located 2.2 miles south of the Town of Alpine, T36N, R119W, Section 10, Lincoln County, Wyoming. ATTACHMENTS: 1. Subdivision Plat 2. Vicinity Map 3. Agency Correspondence 4. Public Comment STAFF RECOMMENDATION: Planning Staff recommends that the Board of County Commissioners Approve File # 106 SS 23 Hilltop Subdivision, a Simple Subdivision, with: ● Findings of Approval A thru C ● A Resolution of Approval LINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS STAFF REPORT SIMPLE SUBDIVISION APPLICATION HEARING TIME AND DATE: 10:00 A.M, JULY 5, 2023 HEARING LOCATIONS: COUNTY COURTHOUSE COMMISSIONER BOARDROOM 3RD FLOOR, KEMMERER, WY & VIA VIDEO CONFERENCE AFTON BRANCH OFFICE BUILDING CONFERENCE ROOM, 421 JEFFERSON ST., AFTON, WY FILE # 106 SS 23 106 SS 23 BCC Findings of Approval: A. The proposed subdivision is consistent with the goals and objectives of the Lincoln County Comprehensive Plan. B. The proposed subdivision is consistent with the standards and procedures of the Lincoln County Land Use Regulations. C. The proposed Simple Subdivision is consistent with the provisions W.S. 18-5-301 through W.S. 18-5-315. AGENCY CORRESPONDENCE: Lincoln County Weed & Pest Control District: Noted that due to the snow during this time of year, we are unable to inspect the property. The subdivision representative will need to contact Lincoln County Weed and Pest in the spring of 2023. At that time, we will review a map of the proposed subdivision as well as schedule an appointment to go onsite to evaluate the noxious weeds in the area. The purpose of this visit is to ensure that a weed management plan be in place on the above-mentioned property. Star Valley Conservation District: Noted that Due to a large variation between water levels in this section, SVCD recommends soil cuts to determine groundwater levels. If ground water is high, we recommend an enhanced septic system. We also recommend that soil cuts be taken in the spring/early summer when groundwater is highest. Please note that if soil cuts are done at other times static water levels fluctuate according to the amount of high-water runoff from year to year. WYDOT: Access shall be via solely Peterson Lane for all lots. No direct access to US 89 will be allowed. Consider installation of a 36’x36’ stop sign on the minor side approach of Peterson Lane at US 89. For any new utility construction within WYDOT right-of-way, the utility companies/owner shall obtain the necessary M-54 utility license via the new on-line permitting process, MainStar, located at https://usa.maintstar.co/Wyoming/Logon.aspx. Currently WYDOT requires any utility company needing access to the MainStar system to contact the local District Office for the license or permit, or to email dot.utilities@wyo.gov to set up your login credentials. An M-21 permit is necessary for new utility connections to existing permitted utilities within WYDOT R/W. Public Comment: Planning Staff received two public comments. £¤89 Alpine 32 29 3534 2830 31 33 2627 06 07091012 010204 11 03 37N 118W 36N 119W 36N 118W Red TailPath Upper R idgeRoadM c C o y F o re s tR o a d Buffalo Drive Peterson Lane £¤89STATE OF WYOMINGGAME & FISH BLM BILLS, KURT W & KERI L MCNEEL, LINDA STRUSTEE MCNELL,LINDA S TRUSTEE SENDER,JOSEPH H BOWERS, CYNTHIA L COBB, MADELYN M TRUSTEES WEBER,JAMES L STATE OFWYOMING GAME & FISH WATTS, JAMES HJR & MALISSA E TRUSTEES BLM U.S. HIGHWAY MCNEEL, LINDA STRUSTEE FAULKNER,ANDREW KING, JOHNR & VALERIE A U.S. HIGHWAY CHAMBERLAIN,NORM R & JILL L ROMER, KEITH FOLEY,GEORGIA H TRUSTEE KASTNER, ROBERT T &JACKIE L BALSER, ROBERTA & JANET G, TRUSTEES CONTINENTAL CONSTRUCTIONCOMPANY TRANSPORTATION COMMISSIONOF WYOMING SENDER,JOSEPH H Maxar, Microsoft Simple Subdivision Application Projects US Highways WY Highways Township & Range Sections Municipalities Public Noticing File No 106 SS 23 Hilltop Subdivision Joseph Sender Prepared using available data by Katie Gipson on 16 June 2023. Map is for informational purposes only and in no way represents an official survey of land. April 18, 2023 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 simple subdivision for Joseph Henry Sender in Alpine,Wyoming. Due to a large variation between water levels in this section, SVCD recommends soil cuts to determine groundwater levels. If ground water is high, we recommend an enhanced septic system. We also recommend that soil cuts be taken in the spring/early summer when groundwater is highest. Please note that if soil cuts are done at other times static water levels fluctuate according to the amount of high-water runoff from year to year. 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 other information we can provide for you, please let us know. Yours truly, STAR VALLEY CONSERVATION DISTRICT Rollin Gardner Chairman Katie Gipson <katie.gipson@lincolncountywy.gov> Fwd: Hilltop Subdivision 1 message Robert Davis <robert.davis@lincolncountywy.gov>Fri, Jun 23, 2023 at 5:22 PM To: Katie Gipson <katie.gipson@lincolncountywy.gov> FYI Robert C. Davis, AICP, SMP Planning Director Lincoln County Office of Planning and Development 421 Jefferson St., Ste. 701 Afton, WY 83110 (307) 885-4725 ---------- Forwarded message --------- From: Darin Kaufman <darin.kaufman@wyo.gov> Date: Fri, Jun 23, 2023 at 2:43 PM Subject: Hilltop Subdivision To: Robert Davis <robert.davis@lincolncountywy.gov> Thank you for the opportunity to comment. WYDOT has no objections for the simple subdivision. Access shall be via solely Peterson Lane for all lots. No direct access to US 89 will be allowed. Consider installation of a 36"x36" stop sign on the minor side approach of Peterson Lane at US 89. For any new utility construction within WYDOT right-of-way, the utility companies/owner shall obtain the necessary M-54 utility license via the new on-line permitting process, MainStar, located at https://usa.maintstar.co/ Wyoming/Logon.aspx. Currently WYDOT requires any utility company needing access to the MainStar system to contact the local District Office for the license or permit, or to email dot.utilities@wyo.gov to set up your login credentials. An M-21 permit is necessary for new utility connections to existing permitted utilities within WYDOT R/W. WYDOT Utilities Section can be found at the following link: http://www.dot.state.wy.us/home/engineering_technical_programs/utilities_section. html If you have any quesons or concerns, please contact me. Thank you. Darin Kaufman, P.E., PTOE WYDOT District 3 Traffic Engineer 3200 Elk Street Rock Springs, WY 82902 Office: 307.352.3034 Cell: 307.389.0235 E-Mail to and from me, in connection with the transaction of public business, is subject to the Wyoming Public Records Act and may be disclosed to third parties. Katie Gipson <katie.gipson@lincolncountywy.gov> File # 106 SS 23 Alpine Hilltop Subd. Sender 1 message Herschel Cobb <hrcobb@gmail.com>Sun, Jun 25, 2023 at 7:23 PM To: planning@lincolncountywy.gov Dear Sirs, My name is Herschel Cobb, My daughter and wife own the property at 232 Perterson Lane, Alpine, which is across Peterson Lane from the Project noted above. Madelyn Mackall Cobb is my daughter and Madelyn Jason Cobb is my wife. I am a licensed Attorney at Law in California and am authorized to speak on their behalf. The Application for Simple Subdivision appears to conform to all formal requirements. Concerns arise from the likely development of the Mixed Use portion of the property in the near future. Use of Peterson Lane and the intersection with HWY 89 is likely to increase substantially. This concern is based on the fact that the intersection of Peterson Ln. with HWY 89 is unimproved, totally rural, and subject to degrading from use and weather. Increased use will degrade it more. Further, Peterson Ln. is a private rural country lane, built to service a limited number of homes & properties, generally owned by people who desire a rural life. The property owners pay for the upkeep and care of Peterson Ln. Discussions of who pays what portions are always contentious, as is often the case in these circumstances. Increased use of the Lane by development by one owner shifts the burden unfairly. Another concern, although not readily visible, is the very likely destruction (taking if you put it another way) of the views from existing residences and portions of their property. Madelyn Cobb has been approached by owners South of her to "please" don't develop along her boundary abutting HWY 89 because it would completely destroy their view of the Palisades Reservoir and hills in nearby Idaho. The very same will be true of the Balsers property on Peterson Ln. They will lose one of the features of their property and residence that they love. I have visited Alpine many times, and driven South to Afton and beyond, always admiring the beauty of Wyoming and being able to see it while traveling. It's truly a treasure, and once it's obliterated, its gone forever. Parts of HWY 89 are sorry to see, while much of it has been protected, yet not stopping development. These values are important to all. Sincerely, Herschel Cobb -- Herschel Cobb 650-464-2624 -- Herschel Cobb 650-464-2624 Katie Gipson <katie.gipson@lincolncountywy.gov> File No. 106 SS 23, Joseph Sender 1 message Janet Balser <sjrbalser5@hotmail.com>Sun, Jun 25, 2023 at 8:00 PM To: "planning@lincolncountywy.gov" <planning@lincolncountywy.gov> To the office of the planning and developement department These are our concerns and comments; Joseph Sender has not contributed to road Maintenace or repairs on Peterson lane unl he paid his poron of snow removal last winter only because he is selling his second modular house. We are concerned that aer this split, the potenal for a commercial business (miny storage, automove repair, gas staon etc) on the lower lot with access from Peterson lane would destroy the road. We believe this split should require at the very least major upgrades to Peterson Lane for the split to be approved. Also, Joseph Sender has not contributed any money for road Maintenace and now aer the split he may sll not contribute any money and have 3 parcels. We were out of town and didn't get your leer unl the 20th of June. We need more me to look into the spulaons for commercial use and responsibilies for road improvements and Maintenace. Janet has surgery on June 26, and will be unavailable to aend the meeng, if at all possible if the hearing can be postponed for a couple weeks so we can both aend and have me to research the legal rights for commercial responsibilies. Thank You Robert and Janet Balser 201 Peterson Lane