HomeMy WebLinkAbout106 MA 23 Lost Creek Meadows Subdivision
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APPLICANTS: WSP Partners, LLC
PROJECT NAME: Lost Creek Meadows Subdivision – Preliminary Plat
COMMUNITY PLAN AREA: Thayne
ZONING: Rural
PIN: 3418-172-00-038 & 3418-171-00-002
SURVEYOR: Surveyor Scherbel, Ltd.
PLANNER: Robert C. Davis
_____________________________________________________________________________________
PROPOSAL: To subdivide approximately 128.43 acres into 25 residential lots in the Rural zone at a
potential density of .389 units/acre. Each lot will have individual wells, and individual septic systems that
meet Wyoming DEQ Standards.
The site is adjacent to single family residential uses to the north, west and south and agricultural uses
directly to the east. A 25-foot agricultural buffer has been provided on the east boundary. The site will be
accessed from County Road # 12-419 Ross County Road. The subdivision provides two ingress and
egress points and meets International Fire Code standards.
LOCATION: Property is just 1.12 miles south of the municipal boundary of the Town of Star Valley
Ranch and 1.06 miles northeast of the Town of Thayne in Section 19, Township 34 North, Range 118
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 # 106 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 # 106 MA 23
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PLANNING STAFF RECOMMENDATION:
Planning staff recommends that the Planning and Zoning Commission send a recommendation of
APPROVAL to the Board of County Commissioners for File # 106 MA 23 a Major Subdivision
Preliminary Plat, with:
● Findings of Approval A thru C.
● Staff Conditions of Approval 1 thru 8.
● A Recommendation for the Board Chairman to sign the Development Agreement.
Relevant Issues - Lost Creek
Lots 1-6 have Lost Creek running through the North end. The Preliminary Plat reflects a 50-foot setback
from the creek for Lots 1- 6.
Ross Road
The subdivision will require Ross Road to be improved. The north 600 feet of Ross Road (County Road
12-419) right-of-way is only 30 feet wide. The developer has title to the 30 feet east of the county right-
of-way and is willing to convey title to Lincoln County in order to complete the county road. The
conveyance would be completed simultaneously with the filing of the final plat. The category of Ross
Road was changed from Primitive to Standard at a May 16, 2023 Public Hearing.
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As per a Public Hearing on May 16, 2023, the Commissioners moved to amend Ross County Road 12-
419 with options for Category # 1, to change the category of the road from a primitive road to a standard
road.
Option #1. Change the Category of Ross Road from Primitive to a Standard Road
a. Rights-of-way for County Roads shall not be less than sixty (60) feet in width
and all proper easements, deeds or dedications shall be secured before the
road will be accepted and the category changed. WSP Partners, LLC will work
with Lincoln County to secure a sixty (60) foot easement for the County Road.
b. The County will maintain the County Road to the end of the Lost Creek
Subdivision. The reason for this is there is not a sixty (60) foot right-of-way
south of the development.
c. The County continues to work on connectivity from Lost Creek County
Road 12-120 to Thayne Bedford County Road 12-122. This is as per the
Master Transportation Plan. Work to continue to obtain 60’ ROW for the
entire length of the County Road.
Upgrades for Ross Road will provide for a width of 26 feet on top with 8" Subgrade and 4" Crushed Base.
The existing culvert may need an extension due to the widening of the road. The County will accept a
"Hammerhead" for a turnaround located at the southern intersection of Ross Loop Road and County Road
12-419 (Ross Road).
It was observed the conduit placed in the County Right-of-Way was exposed and not at the minimum
depth of 36", as required. A license is required for the conduit to be placed in the Right-Of-Way and
since a license was not granted, the applicant should be fined.
Subdivision Road
Ross Loop Road was constructed without a permit and
according to LUR 6.28 (D) Enforcement, the applicant
should be fined for this as well. The road will need to be
improved to a 26-foot width with two 12-foot lanes with 1
(one) foot shoulders. In addition, the right angle 90-degree
curves will be permitted but there must be consideration for
adequate sight distance.
The applicant was required to adjust the frontage to the
loop road of Lot 1 in order to meet the 38 feet frontage
requirement when a lot abuts a street as per LUR 6.11 Lot
Design Specifications. Lot 1 is a flag lot and the access
creates effectively a T-intersection. The plat will show a
shared easement for Lots 1 and 13 in order to accommodate
better access for those lots. Staff is recommending giving a
portion of the Lot 13 easement to Lot 1.
As per LUR 6.9 Driveway Access, adequate site distance
shall be provided for all lots. The County Engineer’s
graphic on the above depicts a site triangle which shall be
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placed on the plat as an inset to help ensure that no vegetation is to be planted within that triangle.
At the Planning Commission Public Hearing held on June 21, 2023, a resident of an adjacent subdivision
requested that the Board consider requiring the developer apply magnesium chloride to the subdivision
road. It was stated there are nearby residents who suffer from respiratory problems and that microclimate
wind patterns blow across the proposed subdivision to their residence.
Traffic Study
The applicant provided a traffic flow analysis for the proposed subdivision. For the north entrance to
Ross Road, the ADT at build out is projected to be 293 trips, the south entrance to Ross Road would
provide approximately 270 ADT trips and for a total of 563 average daily trips. This equates to roughly
34 to 56 trips during the peak hour.
Ground Water and Septic Systems
The proposed water system will consist of individual wells on each lot. The WDEQ studied the analysis
performed by Sunrise Engineering and required adjustments to the design in order to grant a non-adverse
recommendation which 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.
The proposed sewer system will be comprised of on-site septic tanks and leach field. Notes have been
added to the Preliminary Plat for both the groundwater and septic concerns.
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.
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. The conveyance the Ross Road easement to Lincoln County shall be completed simultaneously
with the filing of the Final Plat.
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4. County Road 12-419 (Ross Road) shall:
a. Be 26 feet wide with 8-inch sub-base aggregate and 4 inches of crushed coarse aggregate
WYDOT Grading W.
b. Establish a drainage ditch on the west side.
c. Establish a Hammerhead turnaround located at the southern intersection of Ross Loop
Road and County Road 12-419 (Ross Road).
d. Magnesium Chloride shall be applied to Ross Road for dust abatement once by the
developer.
e. Obtain a Right-of-Way License for the conduit and the conduit shall meet a minimum 36”
deep.
5. Show on the Final Plat a shared easement for Lots 1 and 13.
6. Developer and County shall enter into a Development Agreement to ensure installation of
subdivision improvements and preparation of documents, including:
a. Construct the Ross Loop approved subdivision road with the minimum 26’ width travel
lane from County Road 12-419 with 8" Subgrade and 4" Crushed Base.
b. Extend the existing culvert at County Road 12-419 (Ross Road) along with the widening
of the road.
c. Establish a drainage ditch on the west side of County Road 12-419 (Ross Road).
d. Provide an acceptable turnaround preferably a Hammerhead turnaround at the southern
intersection of Ross Loop Road and County Road 12-419 (Ross Road).
e. Improved the existing conduit at Ross Road by placing it at the required 36-inch depth.
f. Install electrical power and communication lines to all lots.
g. Submittal of Water Distribution Plan to the State Engineer’s Office.
h. Completion of irrigation lines and valves; enabling the development to shut off their
system for needed repairs without interruption of water delivery through Lost Creeks’
Irrigation Main Line.
i. Survey monumentation; and
j. 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. Provides for a Water Master position to be in charge of maintenance and repair of
any irrigation line within the development with the exception of the Lost Creek
Irrigation Main Line which crosses the property in a north/south direction.
iii. Collects dues and fees per the Lost Creek Irrigation Company dues and fee
structure.
iv. Provide an entity for ongoing snow removal including the collection of snow
removal fees;
v. Ensure road maintenance and snow removal are maintained indefinitely.
vi. 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
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
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Clerk’s Office no later than 30 days after approval of the Preliminary Plat or the
application and approval shall be voided.
8. A Plat Warning be included for sewage and water systems.
9. Irrigation lines and valves would be required to be installed at developer expense, engineered and
designed in agreement with the Lost Creek Irrigation District to provide irrigation to all lots and
approved by Lost Creek Irrigation District.
10. Request the Board of County Commissioners look at the implementation of a fine due to developer
proceeding with subdivision improvements and due to the fact, a utility license has not been acquired
through the county.
AGENCY CORRESPONDENCE:
The following agencies have provided comment:
Lincoln County Weed & Pest: Musk Thistle and Black Henbane has been found in the area. These
weeds are on the State noxious list and needs to be treated. The area also has a high probability of Leafy
Spurge. The applicant is expected to treat this. 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. 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.
They also stated the degree of limitations for dwellings with and without basements is low is some areas
and not limited within the proposed subdivision. With regard to sewage disposal, they found that degree
for limitation for areas with Greyback Gravelly Loam Soil is very limited due to seepage which means
that the soil has one or more features that are unfavorable for the specified use. The WDEQ also
recognizes this limitation which has been reflected in the required Plat Warnings #2 and #3.
State Engineer's Office: No correspondence has been received at this time.
County Engineer: The County Engineer’s Office has contributed to this report.
The Lost Creek Irrigation Company (see next page)
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Wyoming DEQ: DEQ Recommend a Plat Warning with the following text:
1.6 miles northeast of Thayne, Wyoming
5± acres
4.65± acres 9.66 acres
3/2/2023
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DEVELOPMENT AGREEMENT
LOST CREEK SUBDIVISION
FILE NO. #106 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 WSP Partners, LLC., hereinafter referred to as OWNER/DEVELOPER”,
whose address is P.O. Box 1598, Jackson, WY 83001.
WHEREAS, it is the intent and purpose of the OWNER/DEVELOPER to meet the conditions of
approval for File No.# 106 MA 23 Subdivision to subdivide approximately 128.43 acres into 25
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 Lost Creek 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. #106 MA 23 Lost Creek 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 to WSP Partners, LLC, whose address is P.O.
Box 1598, 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 128.4300+/- acres of a
certain parcel(s) of Property located in Lincoln County, Wyoming, as described in Exhibit A.
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Section 2. Planned Improvements.
The OWNER/DEVELOPER shall, at its sole cost and expense, properly install and complete the
following required improvements:
● County Road:
o Establish a drainage ditch on the west side of Ross County Road 12-419 to the
temporary turnaround.
o Provide an acceptable turnaround preferably a Hammerhead turnaround at the
southern end of Ross County Road 12-419 near the project’s southern boundary.
o Improve the existing conduit at Ross County Road 12-419 by placing it at the
required 36-inch depth.
● Subdivision Road:
o Construct Ross Loop approved subdivision road with the minimum 26’ width
travel lane from Ross County Road 12-419 with 8" Subgrade and 4" Crushed
Base.
● 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.
● Provides for completion of all irrigation lines and valves; sufficient valves shall be
installed enabling the development to shut off their system for needed repairs without
interruption of water delivery through Lost Creeks Irrigation Main Line.
● 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.
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
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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
the OWNER/DEVELOPER. Upon approval of the final inspection, the County shall notify
OWNER/DEVELOPER of its acceptance of the Improvements.
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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 and Irrigation Lines. 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) Provides for a Water Master position to be in charge of maintenance and repair of any
irrigation line within the development with the exception of the Lost Creek Irrigation
Main Line which crosses the property in a north/south direction.
c) Collects dues and fees per the Lost Creek Irrigation Company dues and fee structure.
d) Provide an entity for ongoing snow removal including the collection of snow removal
fees.
e) Ensure road maintenance and snow removal are maintained indefinitely.
f) 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:
WSP Partners, LLC
P.O. Box 1598
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
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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
beginning construction. Upon request, OWNER/DEVELOPER agrees to provide a certificate of
liability insurance to County evidencing said limit.
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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: ______________________
_________________________, Chair
Board of Lincoln County Commissioners
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Attest:
________________________________
April Brunski
Lincoln County Clerk
OWNER/DEVELOPER
________________________________ Date: ______________________
Joseph Parker, Manager
of WSP Partners, LLC, a Wyoming limited liability company
STATE OF WYOMING )
) ss
COUNTY OF LINCOLN )
The foregoing instrument was acknowledged before me by Joseph Parker, Manager of WSP
Partners, LLC, a Wyoming limited liability company this ____ day of ______________ 2023.
Witness my hand and official seal.
(SEAL)
_____________________________________
Notary Public
My Commission expires: ________________
Page 9 of 10
EXHIBIT A
DESCRIPTION OF PROPERTY
Lost Creek Subdivision
128.43+/- acres within Section 17, Township 34 North, Range 118 West, in, Lincoln County,
Wyoming.
Page 10 of 10
EXHIBIT B
APPROVED PRELIMINARY PLAT
See Attached
P. O. Box 1162
Afton, WY 83110
June 26, 2023
The Office of Planning and Development
Attention Kemmerer Office
925 Sage Ave. Suite 201
Kemmerer, WY 83101
SUBJECT: LOST CREEK MEADOWS DEVELOPMENT
Dear Members of the Office of Planning and Development
Star Valley has been my home for over 40 years. I live in Afton but spend a great
deal of time with friends living in the Lost Creek area. Over the years I have hiked
the trails in the area almost every day during the summer months, helped move
irrigation pipes during the fall months and for over two decades cross country
skied with my Lost Creek friends. Without doubt Lost Creek is a very special
place!
There are many legitimate concerns dealing with the development of the LDS
Church Farm Land that is now called the “Meadows Development”.
1. Septic Tank Issues Placing the Drinking Water at Risk
Teton County Example: Flat Creek and Fish Creek—impaired due to
excessive and unsafe concentrations of E. coli, harmful bacteria found in
domestic waste water. The residents of Hoback Junction had to investigate
the cause of their ground water contamination. There have also been serious
problems at other Teton County locations as well.
Over the past three years, Teton County has spent thousands and
thousands of dollars dealing with ground water vs. septic systems.
Residents have been harmed. Why does Lincoln County have to
duplicate Teton County’s mistakes?
2. Lost Creek Water District
Lost Creek residents have been dealing with water issues for several years.
Adding more and more homes to the system isn’t helping. Once again the
residents of Lost Creek and Lincoln County will be dealing with this issue in
the future.
3. Lost Creek Road
The road is dangerous for it is not designed to handle a lot of traffic and as a
result the drive can be stressful, especially during the winter months.
Increasing the number of vehicles (not to mention joggers, bike riders
walkers and school buses) using this road will only make it more dangerous.
Once again Lincoln County will be dealing with this issue in the future.
4. Has There Already Been an Agreement?
Dump trucks were observed most of last summer hauling dirt and gravel to
the Meadows Development. The cost to developers had to be exorbitant.
Why would a developer spend that kind of money unless they had some kind
of reassurance to do so?
Star Valley is a special place. Lost Creek is a special place. Surely there is a
solution for a development that plans to build too many houses—instead there
should be fewer homes, fewer septic tanks, fewer water wells, fewer homes
hooking up to the Lost Creek Water District and fewer vehicles using the road.
Most of all protect the residents of Lost Creek. Protect Lincoln County Tax
Payers from having to pay for mistakes that should have never happened, while the
developers make a fortune.
Sincerely
Kent Eberspacher
Reference is made to the proposed Lost Creek Meadows Subdivision
Being a long time resident of the lost Creek area (53 years) I have witnessed the effects of
residential development in Star Valley and on lands in the vicinity of the Lost Creek Meadows
proposal. It goes without saying that people are moving to Star Valley to enjoy the many life
style benefits the area has to offer. Sadly, the qualities that people are moving here to enjoy are
rapidly diminishing with population expansion and associated impacts to resources and
infrastructure (roads, utilities, etc.). Proposed developments such as the Lost Creek meadows
proposal greatly exacerbate the problems.
At this point, little is known how the project proponent plans to mitigate obvious impacts to the
existing infrastructure such as water, sewer, roads, utilities, etc., so it is difficult to provide any
meaningful comment except to one precious commodity - water! All developments approved in
the Star Valley area to date seem to have one common denominator: There apparently will be
no long term irreversible and irretrievable impacts to the water and soil resources! This is
patently not true! Wells within the valley are showing signs of contamination from both industrial
(North Lincoln Land Fill) and commercial development! Unlike roads which can be repaired or
power utilities that can be expanded or replaced, damaging impacts to the water and soil
resources are virtually permanent in our life time.
Star Valley is not a huge land mass that can absorb land use impacts forever. Space is limited
and any impacts are, in my opinion, significant. With these thoughts in mind, I feel it is the duty
and responsibility of Lincoln County to bring a halt to this somewhat rampant development and
complete a detailed environmental analysis of impacts that are occurring in the valley and
prepare a coherent land use plan that addresses these obvious impacts!
6/9/23, 1:08 PM LINCOLN COUNTY WYOMING Mail - Lost Creek Subdivision
https://mail.google.com/mail/u/0/?ik=f1e3f38f9b&view=pt&search=all&permthid=thread-f:1767705278571716443&simpl=msg-f:1767705278571716443 1/1
Robert Davis <robert.davis@lincolncountywy.gov>
Lost Creek Subdivision
1 message
Rick Johnson <ricklj@silverstar.com>Sat, Jun 3, 2023 at 11:58 AM
To: planning@lincolncountywy.gov
We are concerned about the impact that 25 new domestic wells and 25 new leach fields will have on our existing
domestic water supply. Have any studies been done? I assume that the ground water flows directly from the
development to our property. We are located southwest of the proposed development. We would be in favor of studies
being done BEFORE the subdivision application is approved. Thanks!
Fredrick and Megan Johnson
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6/9/23, 1:07 PM LINCOLN COUNTY WYOMING Mail - Lost Creek Meadows Comments
https://mail.google.com/mail/u/0/?ik=f1e3f38f9b&view=pt&search=all&permthid=thread-f:1767780779856345236&simpl=msg-f:1767780779856345236 1/1
Robert Davis <robert.davis@lincolncountywy.gov>
Lost Creek Meadows Comments
1 message
robert gonet <gonetr7@gmail.com>Sun, Jun 4, 2023 at 7:58 AM
To: planning@lincolncountywy.gov
I have comments and questions on the proposed Lost Creek Meadows Subdivision. I am assuming that these
comments will be considered and presented to the commissioners for action prior to any approvals for the subdivision.
The developer released a preliminary platt showing two roads leading to cul de sacs, yet has built roads and
infrastructure for a loop connecting to Ross Road in two places. Had there been any consideration or approvals based on
the first release of the platt that would not have been issued for the as built infrastructure? If so, what were they?
What questions and considerations have, or will be, addressed concerning increased traffic on Lost Creek and
Muddy String roads? The addition of twenty-five housing units using both Lost Creek and Muddy String Roads raises
safety concerns for those living along those roads, especially Muddy string road which is already experiencing heavy
summer and winter increased traffic, with an unenforced 45 mph speed limit.
What will the effect be on the Lost Creek drainage by adding surface run off from infrastructure and potential
drainage of twenty five new septic systems? How will the developer deal with mandated set backs from the stream?
How will culinary water be supplied to the twenty-five new structures? If by wells, what protections will be provided
to those having older water well rights, if the development negatively impacts their wells? If the development is to
become part of the Bedford Sewer and Water, how will hook up be accomplished.
Has there been a surface and subsurface water study to examine the real or potential impacts on those resources?
Who will ultimately sign off on those considerations?
Has the developer submitted an acceptable plan to the Lost Creek Irrigation Company for distribution of irrigation
water and have they contacted the canals transecting the proposed development with any sort of plan?
Please acknowledge receipt of these comments.
Robert Gonet
Bedford