HomeMy WebLinkAbout102 MA 23 Painted Hills Subdivision
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APPLICANTS: Meadows Holding Company, LLC
PROJECT NAME: Painted Hills Subdivision Preliminary Plat
COMMUNITY PLAN AREA: Upper Valley
ZONING: Rural
PIN: 3219-213-00-255 and 3219-204-00-255
SURVEYOR: Surveyor Scherbel, Ltd.
PLANNER: Robert C. Davis
_____________________________________________________________________________________
PROPOSAL: Major Subdivision Preliminary Plat proposal to subdivide 240 +/- acres into 36 residential
lots ranging in size from 3.25 to 13.37 acres. The average lot size will be 6.5 +/- acres in the Rural Zone
at a density of .334 units per acre. The lots will share private subdivision roads off of State HWY 238
west of Afton. Each lot will have individual wells and individual septic systems.
LOCATION: The vacant site is surrounded by agricultural uses with the exception of a residential home
to the north. The subject property is just 2.5 miles west of the Town of Afton in Section 21, Township 32
North, Range 119 West.
_____________________________________________________________________________________
EXHIBITS:
1. Application
2. Preliminary Plat
3. Vicinity Map
4. Draft Development Agreement
5. Agency Correspondence
6. Planning Commission Recommended
Findings of Fact and Conclusions of Law
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission recommends APPROVAL to the Board of County
Commissioners for File # 102 MA 23 a Major Subdivision Preliminary Plat, with:
● Findings of Approval A thru C.
● Planning and Zoning Commission Conditions of Approval 1 thru 10.
● A Recommendation for the Board Chairman to sign the Development Agreement.
LINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS
STAFF REPORT
MAJOR SUBDIVISION PRELIMINARY PLAT
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 # 102 MA 23
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PLANNING STAFF RECOMMENDATION:
Planning staff recommended that the Planning and Zoning Commission send a recommendation of
APPROVAL to the Board of County Commissioners for File # 102 MA 23 a Major Subdivision
Preliminary Plat, with:
● Findings of Approval A thru C.
● Staff Conditions of Approval 1 thru 9.
● A Recommendation for the Board Chairman to sign the Development Agreement.
RELEVANT ISSUES – Ground Water
The proposed water system will consist of individual wells on each lot. The Wyoming Department of
Environmental Quality (WDEQ) studied the analysis performed by Sunrise Engineering and required
adjustments to the design in order to grant a non-adverse recommendation. This means the proposed
subdivision meets the safety and adequacy requirements of the WDEQ Chapter 23 Rules. Chapter 23
provides for the required analyses for nitrate loading, minimum isolation distances and impacts on public
drinking water supply wells in subdivisions. The proposed water system has been found to be safe and
adequate provided the water is treated and constructed to Wyoming State Engineer’s Office standards.
Star Valley Conservation District (SVCD) finds that well logs in the vicinity indicated the static water
level is between 15 and 86 feet below ground surface. Notes have been added to the Preliminary Plat for
the groundwater concerns.
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Septic Systems
The proposed sewer system will be comprised of either a non-discharging evaporative sewage lagoon or
conventional on-site septic tanks and leach field. This includes individual on-site septic tanks/leach fields
and or non-discharging sewage lagoons constructed to DEQ and Lincoln County Standards. The WDEQ
will require notes to be added to the Final Plat in this regard. The Wastewater Study found areas with clay
patches which meant that there were some locations on the larger lots where the soils would not be
percolating well. Percolation in the soil is simply the movement of the water through the soil. Water does
not move well through clay.
WDEQ added a plat note stating that on certain lots, there may be a need for more soil investigation and
suggested that in a worst-case scenario, non-discharging evaporative sewage lagoon systems be used. The
lots identified for this treatment in the plat note would need an engineered wastewater system permitted
through the WDEQ. In addition, the plat notes imply the sewage system on Lot 17 must be 200 feet from
the nearest water system on the adjacent lot.
SVDC found much of the area soils to be ‘very limited’ due to slow water movement which indicates that
the soil has one or more features that are unfavorable for the specified use.
Access
Two subdivision entrances are shown on the Preliminary Plat as required since the proposed subdivision
will exceed 15 lots.
The Applicant is proposing a 24-foot-wide travel way, a design speed of 20 MPH, a donut type of road at
the western terminus of a long road with a 70-foot radius to accommodate a fire truck pull out and
turnaround. There is concern of the length of the road ending in a cul-de-sac. Because of the
topography of the site and because Staff does not favor a ‘loop road that encircles one lot, the donut
design was accepted. Staff now, however, defers to simply providing an open cul-de-sac with 70-to-100-
foot radii instead of a one-way loop or donut road. The open cul-de-sac will allow for more effective
plowing in the winter.
The proposed road design meets the Regulations as sections where the grades are over 8%, the minimum
curve radius is shown to be 250 feet. According to the Land Use Regulations, road grades shall not exceed
6% for 500 feet on either end of the section curves with a horizontal radius of less than 600 feet. This
helps for the curves to flatten. In addition, bump outs every 1,900 feet to 2,100 feet are needed in order to
allow vehicles to pull off the road in the event of an emergency. There has been discussion with the Ad
Hoc Road Design Committee to instead provide bump outs every 1,000 feet where it is best for one to be
located. More consideration is needed with regard to bump out design and a preference for three-point
turnarounds.
Traffic Study
The applicant provided a traffic flow analysis for the proposed subdivision. For the north entrance from
State Hwy. 238, the Average Daily Traffic (ADT) at full buildout is expected to be 630 trips. At the south
entrance from State Hwy. 238, to the ADT at full buildout is expected to be 180 trips. This equates to
roughly 49 to 81 trips during the peak hour.
Crow Creek Canal
The Crow Creek Canal traverses 10 of the 36 lots of the proposed subdivision including Lots 1, 4, 5, 8, 9,
10, 12, 14, 16 and 17. Appropriate setbacks have been depicted on the Preliminary Plat. In addition, the
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Star Valley Conservation District (SVCD) highly recommends that no landscaping, such as shrubbery and
trees, etc., be placed within fifteen feet of either side of the canal. 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.
Drainage
The extensive grade changes on the site presents concerns for drainage. The site itself slopes from
elevations of 6,135 to the east to 6,450 to the west with multiple areas with grades of 30% or more
generally draining east toward the Crow Creek Canal which traverses the eastern portion of the site. The
plat below shows areas in green where the slope is more than 30%. The soil is capable of absorbing water
and is unlikely to have ponding or erosion within the subdivision. A Storm Water Pollution Protection
Plan has been prepared.
The large 36-acre tract shown on the Preliminary Plat is owned by the developer and is a separate tract
that is exempted by state statute as being part of the proposed subdivision.
AGENCY CORRESPONDENCE:
The following agencies have provided comment:
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Lincoln County Weed & Pest: Musk Thistle has been found in the area. These weeds are on the State
noxious list and needs to be treated. 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.
The Crow Creek Canal District must have maintenance access to the canal that runs through several lots.
The lots that border the Crow Creek Canal will have some water rights to the canal.
SVCD finds that well logs from wells in the vicinity indicated the static water level is between 15 and 86
feet below ground surface
State Engineer's Office:
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With regard to the State Engineer’s letter dated March 9, 2023, the following responses were provided:
• Item No. 1 under the comments addresses the water right distribution plan. Surveyor Scherbel’s
Office indicates a submission of the plan to the State Engineer's office for their approval will
occur before final plat application.
• In Item No. 2, the State Engineer's Office identified two wells of concern in the March 9, 2023
letter. Permit P42799 was identified in the water and sewer study. According to Surveyor
Scherbel’s Office, there is no evidence that the well was either drilled and there has been no well
casing found. Permit # P201654 is a spring filing and is not located on the developer’s property.
Wyoming DEQ
DEQ Recommends a Plat Warning with the following text:
PLANNING COMMISSION RECOMMENDATION AND FINDINGS:
A. The proposed subdivision, with conditions, is consistent with the provisions W.S. 18-5-301 through
W.S. 18-5-315.
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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. A Plat Warning be included on the Final Plat for sewage and water systems.
4. The ‘donut’ design or the looped road will be replaced with an open cul-de-sac of 70-to-100-foot
radii.
5. There will be no landscaping, such as shrubbery and trees, etc., placed within fifteen feet of either
side of the Crow Creek Canal.
6. Developer and County shall enter into a Development Agreement to ensure installation of
subdivision improvements and preparation of documents, including:
a. Construct approved subdivision road with the minimum 26’ width consisting of two 12-
foot lanes and one (1) foot shoulders with 8" subgrade and 4" crushed Base.
b. Provide ‘bump outs along the subdivision road every 1,900 to 2,100 feet.
c. Provide an open a flat cul-de-sac with 70-to-100-foot radii instead of a one-way loop or
donut road.
d. Install electrical power and communication lines to each lot.
e. Submittal of Water Distribution Plan to the State Engineer’s Office.
f. The Developer to purchase private road name signs and stop signs through Lincoln
County, Wyoming Planning and Development Office to assure standardization throughout
the County and developer will install after completion of improvements and subdivision
final approval.
g. Survey monumentation; and
h. Development of either, a HOA, CCRs, Road Maintenance Agreement, Special
Improvement District, or Mutual Benefit Corporations that at a minimum:
i. Provide an entity for ongoing road maintenance including the collection of road
maintenance fees.
ii. Provide an entity for ongoing snow removal including the collection of snow
removal fees;
iii. Ensure road maintenance and snow removal are maintained indefinitely.
iv. Be filed at the time of final plat filing, and bind all current and future owners to the
agreement.
7. Prior to Final Plat Application the improvements shall be installed and inspected by County
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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.
8. Revise road section drawing shown of the Preliminary Plat to show a 24-foot road width on the
Final Plat.
9. Show a 200-foot radius from community well on adjoining properties on the Final Plat for Lot 17.
10. Provide a design of bump outs at Final Plat prior to construction.
MAJOR SUBDIVISION PRELIMINARY PLAT PERMIT APPLICATIONLINCOLN COUNTY, WYOMING
www.lcwy.org
Updated 8-18 $250.00 + $50.00 per lot over 10 lots, fee
OWNER(S)
NAME:____________________________________________
MAILING FOR OFFICE USE ONLY
ADDRESS:_________________________________________Date Rec'd:
_________________________________________Date Accepted:
PHONE:___________________________________________Zone:
EMAIL:___________________________________________Permit # :
REPRESENTATIVE/SURVEYOR/ENGINEER PIN # :
NAME:____________________________________________Preliminary Approval:
MAILING Final Approval:
ADDRESS:_________________________________________
_________________________________________
PHONE:___________________________________________
EMAIL:_________________________________________________________
PROJECT LOCATION: TOWNSHIP/RANGE/SECTION ______________________________________________
DISTANCE TO NEAREST INCORPORATED TOWN: _________________________________________
NAME OF PROPOSED SUBDIVISION: _____________________________________________________
LOT INFORMATION: NUMBER OF LOTS __________________ AVERAGE LOT SIZE __________________
SMALLEST LOT ____________ LARGEST LOT _____________ TOTAL ACREAGE OF SUBDIVISION ______________
Applicants shall refer to the Land Use Regulations originally adopted May 4, 2005 and any subsequent
amendments before preparing an application for a subdivision.
Signing this permit application authorizes county personnel the right of ingress and egress from said lands for any
and all inspection purposes necessary to the exercise of this permit.
I certify to the best of my knowledge, that the information and materials submitted with this application are true and correct.
__________________________________________________________________________________
OWNER(S)DATE
If you need assistance or information contact the Planning Office at (307) 877-9056
Fax # (307) 877-6439, 925 Sage Ave Suite 201, Kemmerer, WY 83101
OR
the Planning Office at (307) 885-3106
421 Jefferson St. Suite 701, WY 83110
Meadows Holding Company, LLC
P.O. Box 768
Afton, Wyoming 83110
307-880-7700 (Kevin Kilroy)
kevin.kilroyllc@gmail.com
Surveyor Scherbel, Ltd.
P.O. Box 725
Afton, Wyoming 83110
307-885-9319
T32N R119W Sections 20 and 21
2.5 miles west of Afton, Wyoming
Painted Hill Subdivision
36 5.74± acres
3.25± acres 13.37± acres 207.5± acres
12/7/2022
Updated 3/7/2023
206± acres
5.73± acres
3.22± acres 13.45± acres
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DEVELOPMENT AGREEMENT
PAINTED HILLS SUBDIVISION
FILE NO. #102 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 Meadows Holding Company, LLC., hereinafter referred to as
OWNER/DEVELOPER”, whose address is P.O. Box 768, Afton, WY 83110.
● This Development Agreement is for the first phase of the Painted Hills Subdivision
102-MA-23 Approved by the Board of County Commissioners on __________ as
per the following phasing schedule shown below. The Second Phase or Filing of the
Subdivision will require their own Development Agreement prior to commencing
construction and will be required to install improvements to the County Standards that
exist at the time of construction.
Phasing Schedule for Painted Hills Subdivision 102-MA-23:
Phase I - Lots 1-27
Phase II - Lots 28-36
WHEREAS, it is the intent and purpose of the OWNER/DEVELOPER to meet the conditions of
approval for File No.# 102 MA 23 Subdivision to subdivide approximately 240 acres into 36 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 Painted Hills 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. #102 MA 23 Painted Hills Subdivision on the Property described in Exhibit A in the
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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 to Meadows Holding Company, LLC, whose
address is P.O. Box 768, Afton, WY 83110, 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 240 +/- acres of a certain
parcel(s) of Property located in Lincoln County, Wyoming, as described in Exhibit A.
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 Construct approved subdivision road with the minimum 26’ width consisting of
two 12-foot lanes and one (1) foot shoulders with 8" subgrade and 4" crushed
Base.
o Provide ‘bump outs along the subdivision road every 1,900 to 2,100 feet.
o Provide an open cul-de-sac with 70-to-100-foot radii instead of a one-way loop or
donut 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 Development Office to assure standardization
throughout the County and developer 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.
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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.
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
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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
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) Be filed at the time of final plat filing, and bind all current and future owners to the
agreement.
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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
Notices to the OWNER/DEVELOPER shall be addressed to, or delivered at, the following
address:
Meadows Holding Company, LLC
P.O. Box 768
Jackson, WY 83110
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
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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
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
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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
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 Development
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: ______________________
Page 8 of 10
_________________________, Chair
Board of Lincoln County Commissioners
Attest:
________________________________
April Brunski
Lincoln County Clerk
OWNER/DEVELOPER
________________________________ Date: ______________________
Kevin Kilroy, Managing Member
of Meadows Holding Company, LLC, a Wyoming limited liability company
STATE OF WYOMING )
) ss
COUNTY OF LINCOLN )
The foregoing instrument was acknowledged before me by Kevin Kilroy, Managing Member of
Meadows Holding Company, LLC, a Wyoming limited liability company this ____ day of
______________ 2023.
Witness my hand and official seal.
(SEAL)
_____________________________________
Page 9 of 10
Notary Public
My Commission expires: ________________
EXHIBIT A
DESCRIPTION OF PROPERTY
Lost Creek Subdivision
240 +/- acres within Sections 20 and 21, Township 32 North, Range 119 West, in, Lincoln
County, Wyoming.
Page 10 of 10
EXHIBIT B
APPROVED PRELIMINARY PLAT
See Attached
November 30, 2021
Kay Lynn Neild,
I have received the proposal for the Kevin Kilroy, Manager of Meadows Holding
Company, LLC - Subdivision located at Section 21, T32N R119W in Lincoln County,
Wyoming. I inspected this area and found some Musk Thistle. Musk Thistle is on the
State noxious list and need to be treated. The landowner can treat this issue themselves
or hire a commercial applicator. They can feel free to call Lincoln County Weed and
Pest for help on a weed management plan or a list of Commercial applicators.
Lincoln County Weed & Pest furnishes herbicides for noxious weed control at a 40% cost
share discount to the landowner. We also offer ATV sprayers and 25 gallon pickup
sprayers for rent.
Please know that all of my visits to the above property as well as any consultations are at
no charge, so feel free to call me or stop by the office any time if you have any questions.
Sincerely,
Jason Trauntvein
Lincoln County Weed & Pest Control
Emmett Mavy <emmett.mavy@lcwy.org>
file # 102 VA 23
1 message
Kim Cazier <cazierclan@gmail.com>Mon, Dec 26, 2022 at 6:25 PM
To: planning@lcwy.org
To whom it may concern:
I am emailing you in regards to the above mentioned file with concerns of the new Painted Hills Subdivision proposal. My
property is directly southeast of this proposed subdivision and I have concerns about the sewer systems and wells that
will be needed for these lots. I feel that all sewage will naturally migrate downhill, onto my land. My land is
actively farmed and used to feed my animals. Having this much waste gravitate onto my property will drastically damage
my hay crop and the health of my cattle. Also, the wells that will be needed to support these lots will quickly drain the
upper aquifers as well as the lower aquifers, affecting my well and personal water usage. I have owned my property for
over 30 years, and it has been in my family for over 100 years. By supporting this development, I am putting myself and
my family at risk of not having enough water for our needs. I feel that it would be appropriate to suggest that this
subdivision, if it is allowed, should have one community well, not individual wells. With our country being in such a state of
drought that it has been for the past several years, allowing more wells to be dug will be very detrimental to the farmers
that are still left in this valley. Furthermore, I have been running a small herd of cattle for many years, I plan to continue
to run my cattle on my land regardless of complaints that may come about from people building near my home and
property. I also have chickens and peacocks that my family enjoys. Having been subject to this issue in the past, I know
that this will come up eventually.
Also, we have had barely enough water in the irrigation canal to support the farmland the past couple of years, having 9
lots being proposed directly through the canal will have a massive effect on the farmers with water rights. Those of us
with water rights should not have to become subject to those landowners who will want to dictate when they have water in
their part of the canal and when they don't. 9 lots through the irrigation canal opens up a lot of controversy about who
gets to use what water and when, even if they do not have water rights. This proposal will put a great burden on the
water master for all people in this area.
Sincerely,
Chad & Kim Cazier