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101 CUP 23 Etna Post Apartments
1 LINCOLN COUNTY PLANNING & ZONING COMMISSION STAFF REPORT Conditional Use Permit HEARING TIME AND DATE: 6:00 p.m., July 19, 2023 LOCATION: Lincoln County Courthouse, Commissioner Boardroom 3rd Floor, Kemmerer, Wyoming & Afton Planning & Development Office, 61 E. 5th Ave., Afton, Wyoming FILE # 101 CUP 23 APPLICANTS: Mathew Burtness PROJECT NAME: Etna Village Post Apartments COMMUNITY PLAN AREA: Etna ZONING: Mixed PLANNER: Robert C. Davis PIN: 3519-104-00-029 & 3519-104-00-028 ______________________________________________________________________________ PLANNING STAFF RECOMMENDATION: Planning staff recommends that the Planning & Zoning Commission send a recommendation of APPROVAL to the Board of County Commissioners for File #101 CUP 23, a proposal to establish three 4-unit apartment buildings, with Findings of Approval A through D Conditions of Approval 1 through 14 FINDINGS OF APPROVAL: A. The proposal is consistent with the provisions of Wyoming Statute 18- 5- 203 providing for Board of County Commissioner authority for zoning regulation of buildings and uses of land. B. The proposed use, with conditions, is consistent with the goals and objectives of the Lincoln County Comprehensive Plan, specifically: a. Section II Housing, Objective 2. Promote the development of affordable housing and infrastructure concentrating development in and around existing communities. C. The proposed use, with conditions, will not substantially impair the appropriate use of neighboring property; and will serve the public need, convenience and welfare. D. The proposed use is consistent with the provisions of the Lincoln County Land Use Regulations, specifically: a. Chapter 3 Section 3. 1 Conditional Use Procedures; b. The provisions for the Etna Community Plan Overlay Zone; 2 CONDITIONS OF APPROVAL: 1. This permit is to operate the uses outlined in the project description. Significant alterations from the uses described or a modification of structures from the original application shall require additional permitting. 2. The Applicant shall have a Storm Water Pollution Prevention Plan on site during construction compliant with WYDEQ. 3. A Wyoming State Fire Marshal “Plan Review” is required on all apartment buildings in Wyoming and must be approved prior to construction. 4. Project must meet International Fire Code (IFC) Onsite Requirements for fire flow protection using the current fire code at the time of construction. 5. Any building must obtain a Zoning & Development Permit prior to construction. 6. A 6-foot opaque wood privacy fence is to be built on the East, West, and North sides of the property to buffer the different uses and densities of the neighboring properties. 7. Prior to the start of construction, a boundary line adjustment that combines the two 1.02 acre lots together will be completed. This will result in the property being approximately 2.04 acres in total. 8. A Drainage Plan must be provided with the Zoning and Development Permit Application and designed to show waters not flowing onto neighboring properties. 9. All buildings must comply with the Lincoln County Lighting Standards as set out in Chapter 6.10 Lighting (includes Exterior Lighting and Glare). This includes all lighting must be shielded and bulbs not visible from the property boundaries. 10. Water must be provided by the Etna Water and Sewer District as per district’s policies and guidelines articulated in the March 16, 2023 letter from the Etna Water and Sewer District to the applicant. 11. Centralized sewer system must be permitted directly through Wyoming Department of Environmental Quality and meet WYDEQ and Underground Injection Control Permit (UIC) Permit standards by obtaining a small wastewater permit for Phase I and a UIC Permit for the Phase II prior to the issuance of a Zoning and Development Permit. 12. The applicant shall provide two eleven-foot lanes and one-foot shoulders at the northern east-west section of Clearview Drive at the south property line of the subject property. The expansion of the road to the north is also intended to accommodate pedestrian and bicycle travel. 13. Maintenance agreements for road maintenance and snow storage for Clearview Drive shall be entered into with the Clearview Village residents. 3 14. Demonstrate compliance with WYDOT communication dated July 6, 2023 relative to road improvements with the application for a Planning and Zoning Permit: a. For any improvements or modifications (widening) of existing access must obtain a new access permit from WYDOT. b. Ideally and eventually in addition to the plan view, please provide a bubble detail insert of the proposed access improvements with dimensions and limits of affected sidewalk, curb and gutter. c. Show details of removing (replace with standard curb/gutter & sidewalk) existing two curb cuts serving Etna Trade Company (ETC). d. Consider centering the 40' approach curb cut on the property line with ETC. e. Consider shifting (widen) alignment of Clearview Dr. north to minimize the abrupt vehicle taper transition westbound. f. Confirm adequate vehicle storage capacity of the eastbound right & left-turn pockets. g. Provide a striping plan for Clearview Dr. h. Recommend providing an access easement and/driveway via Clearview Dr. for ETC. PROPOSAL: Twelve residential apartments up to two (2) stories each are proposed with a density of 5.88 units per acre. Twenty-four bedrooms have been included in the septic analysis. There are four (4) apartments per building and each building has a proposed footprint of 4,621 square feet (13,863 square feet total combined/proposed footprint). The proposed maximum structure height is 35’-0”. Maximum structure height will also conform to the one-foot horizontal distance for every foot in building height measured at the eve side of building nearest to the property line. The project will have two phases. Phase I is to construct (2) four unit buildings. Phase II is to construct (1) additional four unit building for a total of 12 apartments. This project is proposed to be located on two 1.02 acre lots west of HWY 89 in Etna, Wyoming behind the Etna Trading Company. Property is within the Mixed-Use zone and appropriate for high density housing. Access is from an existing road named Clearview Drive, and a looped driveway is proposed by the developer. This project is located with easy access to HWY 89 and 400 feet from the Etna Community Company property and ¼ mile to the Etna Elementary School. LOCATION: The location is centrally located in a rapidly expanding Etna downtown area roughly 2.3 miles northwest of the Town of Star Valley Ranch, Wyoming, Section 10 T35N R119W. To the North exists a residential use, to the West exists high density residential and agricultural use. To the South and East are residential and commercial uses. ATTACHMENTS: 1. Vicinity Map 2. Site Plan 3. Project Narrative and Request 4. Correspondence 5. PZC Minutes from April 19, 2023 Meeting 6. Draft Road Maintenance Agreement 7. April 19, 2023 PZC Findings of Facts _____________________________________________________________________ BACKGROUND: 2 This is a resubmission of an application presented to the Planning and Zoning Commission at its April 19, 2023 meeting (see minutes of the PZC April 19, 2023 meeting). The proposal was tabled to the May PZC meeting but was later tabled by the applicant. Concerns at the April 19, 2023 PZC meeting centered around density, the site plan and the need for a road maintenance agreement. Although not considered as a Planned Unit Development, the project is following PUD procedures with the provision of a centralized water and sewer system, landscaping plan, site plan depicting open space, drainage, ingress and egress, play area, elevations, floor plans and procedures of the subdivision review process. The LUR does not require that apartment developments be treated as PUDs. Staff facilitated a neighborhood meeting held on May 11, 2023 at the Etna Community Company. As a result of the meeting, the developer decided to directly address community concerns by: 1. Reducing the overall project density down to 5.88 units per acre and increasing open space to 50.4%. 2. Proposing a road improvement area within the entire right-of way that runs east west along the south property line of Tracts 1 & 2. This road improvement area includes a 40 foot maximum wide curb cut as recommended by WYDOT. New asphalt is also proposed within the road improvement area. 3. Produce a draft road maintenance agreement. 4. Produce a draft affidavit of lot combination. Street and Road Capacities in the Area A 60-foot easement exists along Clearview Drive with 20 feet north of the subject property line and 40 feet of it south of the property line. The applicant will need to modify the existing WYDOT Permit for Clearview Drive as the applicant proposes to widen the existing access at HWY 89. The apartments at build-out is expected to generate 135 average daily trips. Two-way circulation has been provided within the development and all apartments have either one or two car garages in addition to driveway parking. Forty-four parking spaces (combined garage, driveway and guest parking) have been provided. The paved circular drive will be 24 foot in width. In order to accommodate the increase in traffic the applicant will widen Clearview Dr. to 24 feet including two 11-foot lanes and two (2) one-foot shoulders. This will provide for sidewalks along the north side Clearview Dr. up to Hwy. 89. The existing curb cut along the north side of Clearview Dr. at the Etna Trade Company (ETC) will be removed. A maintenance agreement will be provided for Clearview Dr. Water and Sewer Phase I of the development will require a small wastewater permit from WYDEQ. In order to construct Phase II, UIC permitting is required. Sunrise Engineering has conducted a study of this this approach and reviewed distances to public/private wells. Etna Water and Sewer has provided an intent to serve letter for this development. 3 Usable Open Space All apartments have access to rear yard areas and are provided with covered decks. A generous open space area has been provided west of building A-2. Total green space provided is 50.4% of the overall project area. A landscaping plan has been provided. The Landscape Plan L101 addresses buffering between adjacent single-family, multi-family, and commercial uses. Trees 4 and shrubs are proposed on all four (4) sides of the overall development and a 6-foot-high privacy fence is included along the north, east, and west development boundaries. A 40-foot by 60-foot play area has been centrally located on the site. Site Plan The project meets front setback requirements of 15 feet from the right-of-way and buildings will be set back a total of 35 feet from the property line. There are adequate 10-foot rear and side yard setbacks. Sewer detention basins will be located within the front yard setback. A 30-foot irrigation pipeline easement traverses the site and is separated from existing structures. There will be no storage of snow in the easement area. Snow storage as a percentage of drive surfaces will be roughly 15.8% or 3,000 square feet. Drainage In conjunction with the general east to west flow, the area between the buildings A-2 and B-1 will be graded to drain southward. This area is grassy so there will be significant infiltration and any remaining water will flow to the western detention basin. The on-site road and parking areas will drain to the grass between the driveways with any overflow going southward into the detention basins provided on site. Other detention areas are indicated on drawing titled GP-Grading Plan. CORRESPONDENCE: Wyoming Department of Transportation: WYDOT has no objections but provided recommendations relative to road improvements in the project area in a July . These comments have been included in the Staff Recommendations. In addition, WDOT stated: 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 Etna Water and Sewer District: The District agrees to provide water upon completion of any necessary upgrades to be the financial responsibility of the developer. See attached letter Thayne Fire Chief: Did not comment. Public Comment: Staff received communications from Karl Scherbel dated July 3, 2023. 5 Weed and Pest: At the time of inspection, Black Henbane and Hounds Tongue were present. These weeds are on the Wyoming State Noxious Weed list as well as the Lincoln County Noxious Weed List. These plants have proven to be very invasive and pernicious. HWY 89CO RD 112CO RD 169 ETNA COMMUNITY CENTER CLEARVIEW DR CLEARVIEW DR PROJECT LOCATION GENERAL G001 COVER SHEET ARCHITECT ALPINE ARCHITECTURAL STUDIO PO BOX 3975 ALPINE, WY 83128 CONTACT: BRETT BENNETT bbennett@alpinearchstudio.com CIVIL ENGINEER SUNRISE ENGINEERING PO BOX 609 47 EAST 4TH AVENUE CONTACT: DAVID KENNINGTON dkennington@sunrise-eng.com REVISIONS 051015202530 051015202530 A F K P U 35 35 Z A F K P U Z 6/7/2023 11:52:31 AM COVER SHEET G001ETNA VILLAGE POSTTRACT 1 AND TRACT 206.07.2023 CHECKED BY | BENNETT © 2023 | ALL RIGHTS RESERVEDSANDERSON AND MOTZKUS PLAT OF TRACTS: ETNA, WYDRAWN BY | BENNETT CUP SUBMITTAL | AAS # ETNA VILLAGE POST | CIVIL GP GRADING PLAN P01 PROFILE NORTH REF 1" = 200'-0"G001 1 VICINITY MAP PROJECT LOCATION TOPOGRAPHIC TOPOGRAPHIC MAP AND SITE PLAN -EXISTING CONDITIONS PLAT PLAT OF TRACTS 1 AND 2 REFER TO PROJECT NARRATIVE FOR ADDITIONAL INFORMATION ARCHITECTURAL SP101 SITE AND LANDSCAPE PLANS SP102 NEIGHBORHOOD PLAN A101 TYPICAL 1ST FLOOR PLAN A102 TYPICAL 2ND FLOOR PLAN A201 TYPICAL EXTERIOR ELEVATIONS OWNER MATTHEW L. BURTNESS REVISIONS 051015202530 051015202530 A F K P U 35 35 Z A F K P U Z 6/7/2023 11:52:34 AM EXISTING PLATETNA VILLAGE POSTTRACT 1 AND TRACT 206.07.2023 CHECKED BY | - © 2023 | ALL RIGHTS RESERVEDSANDERSON AND MOTZKUS PLAT OF TRACTS: ETNA, WYDRAWN BY | - CUP SUBMITTAL | AAS # ETNA VILLAGE POST | REVISIONS 051015202530 051015202530 A F K P U 35 35 Z A F K P U Z 3/8/2023 12:01:10 AM TOPOGRAPHIC EXISTETNA VILLAGE POSTTRACT 1 AND TRACT 203.07.2023 CHECKED BY | - © 2023 | ALL RIGHTS RESERVEDSANDERSON AND MOTZKUS PLAT OF TRACTS: ETNA, WYDRAWN BY | - CUP SUBMITTAL | AAS # ETNA VILLAGE POST | www.sunrise-eng.com AFTON, WYOMING 83110 47 EAST 4TH AVENUE TEL 307.885.8500 Z FAX 307.885.8501 ENGINEERING ORTHN LEGEND GP NOTES: www.sunrise-eng.com AFTON, WYOMING 83110 47 EAST 4TH AVENUE TEL 307.885.8500 Z FAX 307.885.8501 ENGINEERING GR PROPERTY AND ZONING INFORMATION LOT AREA: TRACT 1: 1.02 ACRES & TRACT 2: 1.02 ACRES LINCOLN COUNTY ZONING: MIXED USE / ETNA COMMUNITY OVERLAY COUNTY SETBACKS (10'-SIDE/REAR 20'-FRONT) OR EASEMENT PROPERTY LINE PROPOSED APARTMENTS: 16 TOTAL CONDITIONAL USE PERMIT REQUIRED FOR 3 OR MORE DWELLING UNITS PER LOT MAX ALLOWABLE DWELLING UNITS: 8 PER ACRE MINIMUM LOT AREA FOR 8 UNITS PER ACRE IN MIXED USE ZONING: 2 ACRES TRACT 1 LOT AREA: 1.02 ACRES TRACT 2 LOT AREA: 1.02 ACRES N89°24'00.00"E TRACT 1 SANDERSON/MOTZKUS 1.02 ACRES TRACT 2 SANDERSON/MOTZKUS 1.02 ACRES 224.314' N89°24'00.00"E 230.014'S02°18'58.21"W198.633'N89°44'00.00"E 224.315' N89°44'00.00"E 218.040'S01°08'24.00"E198.320'N01°08'24.00"W198.199'ROW20'-0"SETBACK 10'-0" IRRIGATION EASEMENT 30'-0"SETBACK10'-0"SETBACK 10'-0" CLEARVIEW DRIVE PAVED DRIVE HIGHWAY 89 ACCESS: EXISTING TRIP GENERATION: (11.25 TRIPS PER UNIT) 11 TRIPS X 16 UNITS = 135 TRIPS PER DAY (13.5 PEAK 1-HOUR TRIPS) 2021 TRAFFIC DATA ON US 89 IN ETNA IS APPROXIMATELY 5,800 AADT & 300 TRUCKS AADT TRAFFIC MONUMENT SIGN PER APPENDIX-G STANDARDSMONUMENT SIGN PER APPENDIX-G STANDARDS PARKING [6.14 PARKING] RESIDENTIAL: 2 SPACES PER DWELLING UNIT SPACES REQUIRED: 24 SPACES PROVIDED: 36 PARKING SPACES INDICATED BY "p". * INDICATES GARAGE SPACE ADDITIONAL GUEST PARKING PROVIDED: 8 SPACES TOTAL PAVED DRIVEWAY AREA: 18,973 SQFT SNOW STORAGE AREAS PROVIDED: 3,000 SQFT SNOW STORAGE AS A PERCENTAGE OF DRIVE SURFACES: 15.8 % SNOW STORAGE INDICATES 1,000 SQFT OF SNOW STORAGE AREA ROW PROPERTY LINE PROPERTY LINESETBACKPROPERTY LINESETBACKPROPERTY LINE SETBACK 4 3 2 1 4 3 2 1 4 3 2 1 PAVED DRIVE PAVED DRIVE SIDEWALK SIDEWALK (4) COVERED DECKS (4) COVERED DECKS(4) COVERED DECKS LINE OF ROOF ABV OUTLINE OF FND WALL p1*p2 p1*p4 p2*p3 p1*p4 p2*p3 p1*p2 BUILDING B-1 BUILDING A-1BUILDING A-2 SETBACK15'-0"35'-0"SETBACK ROW PROPERTY LINE SETBACK PROPERTY LINE SETBACK ALL EXTERIOR LIGHTING TO COMPLY WITH LINCOLN COUNTY DEVELOPMENT STANDARDS SECTION 6.10 EXTERIOR LIGHTING ABANDON EXISTING LOT LINE COMBINE (2) 1.02 ACRE PARCELS INTO (1) 2.04 ACRE PARCEL p1*p2 p1*p4 p2*p3 p1*p4 p2*p3 p1*p2 OUTLINE OF FND WALL p1 p8 p1*p2 p1*p4 p2*p3 p1*p4 p2*p3 p1*p2 30'-0"30'-0"30'-0"24'-0"24'-0"24'-0"EDGE OF ASPHALT N89°24'00.00"E TRACT 1 SANDERSON/MOTZKUS 1.02 ACRES TRACT 2 SANDERSON/MOTZKUS 1.02 ACRES 224.314' N89°24'00.00"E 230.014'S02°18'58.21"W198.633'N89°44'00.00"E 224.315' N89°44'00.00"E 218.040'N01°08'24.00"W198.199'CLEARVIEW DRIVE PAVED DRIVE (4) COVERED DECKS OUTLINE OF FND WALL 26 CS PICA PUNGENS COLORADO SPRUCE 8'-10' B&B QUANTITY KEY BOTANICAL NAME COMMON NAME SIZE IRRIGATED LAWN 22 QA POPULUS TREMULOIDES QUAKING ASPEN 3'-4' CAL. 23 MM ACER GLABRUM MOUNTAIN MAPLE 6' B&B PLANT LIST PLANTING NOTES: 1)DESIGN-BUILD PERMANENT IRRIGATION SYSTEM TO BE INSTALLED AT IRRIGATED LAWN AND PLANT MATERIAL AREAS. 2)DESIGN-BUILD PERMANENT DRIP IRRIGATION SYSTEM TO BE INSTALLED AT TREES AND SHRUBS. 3)INSTALL SPRINKLER HEADS NO CLOSER THAN 3' FROM ROAD EDGE. 4)PROVIDE PLANTING BEDS AT ALL TREES AND SHRUBS. PLANTING BEDS MULCHED WITH GROUND AND SHREDDED BARK OVER COMMERCIAL GRADE WEED LINER. MONUMENT SIGN PER LINCOLN COUNTY LAND USE REGULATIONS APPENDIX-G. SITE LEGEND 6'-0" HIGH WOODEN PRIVACY FENCE INSIDE PROPERTY LINE. FENCE STRUCTURE TO FACE INTERIOR OF PROPERTY. PROPERTY LINE PROPERTY LINE PROPERTY LINEPROPERTY LINES01°08'24.00"E 198.320' 4 3 2 1 4 3 2 1 PAVED DRIVE PAVED DRIVE SIDEWALK PLAY AREA 40'W x 60'L (4) COVERED DECKS (4) COVERED DECKS LINE OF ROOF ABV IRRIGATED LAWN IRRIGATED LAWN DARK SHADED AREA INDICATES OPEN SPACE/IRRIGATED LAWN. OPEN SPACE DOES NOT INCLUDE ROADS, ALLEYS, OR PARKING LOTS. OPEN SPACE OPEN SPACE PROVIDED: 50.4% OUTER OPEN SPACE:26,364 SQFT INNER SPACE:18,455 SQFT TOTAL OPEN SPACE: 44,819 SQFT TOTAL LOT AREA: 88,862 SQFT PERCENT OPEN SPACE: 44,819/88,862=0.504 OUTER OPEN SPACEINNER OPEN SPACE DESIGNATED PLAY AREA: APPROX 2,400 SQFT 4 3 2 1 SIDEWALK SETBACKSETBACKSETBACK ROW SETBACK SETBACK IRRIGATED LAWN ABANDON EXISTING LOT LINE COMBINE (2) 1.02 ACRE PARCELS INTO (1) 2.04 ACRE PARCEL INNER OPEN SPACE OUTLINE OF PRIVACY FENCE 1" = 20'-0"SP101 1 SITE PLAN - PROPOSED REVISIONS 051015202530 051015202530 A F K P U 35 35 Z A F K P U Z 6/7/2023 12:58:11 PM SITE AND LANDSCAPE PLANS SP101ETNA VILLAGE POSTTRACT 1 AND TRACT 206.07.2023 CHECKED BY | BENNETT © 2023 | ALL RIGHTS RESERVEDSANDERSON AND MOTZKUS PLAT OF TRACTS: ETNA, WYDRAWN BY | BENNETT CUP SUBMITTAL | AAS # ETNA VILLAGE POST | 40200 SCALE IN FEET SCALE: 1" = 20'-0" NORTH REF 1" = 20'-0"SP101 2 LANDSCAPE PLAN - PROPOSED NORTH REF 1" = 20'-0" NORTH SITE ELEVATION 1" = 20'-0" SOUTH SITE ELEVATION 1" = 20'-0" WEST SITE ELEVATION 1" = 20'-0" EAST SITE ELEVATION 12 TRACT 1 TRACT 2 CLEARVIEW DRIVE ACCESS EASEMENT CLEARVIEW LANEPROPOSED ROAD IMPROVEMENT AREA AND PROPOSED ROAD MAINTENANCE AGREEMENT AREA BETWEEN DEVELOPER AND EXISTING LAND OWNERS. GRAPHIC LEGEND PROPERTY LINE SETBACK ROW20'-0"ROW40'-0"CLEARVIEW DRIVE IRRIGATION EASEMENT EXISTING PEDESTRIAN WAY EXISTING PEDESTRIAN WAY NEW PEDESTRIAN WAY ROAD IMPROVEMENT AND ROAD MAINTENANCE AREA PEDESTRIAN WAY: 5 FOOT WIDE CONCRETE SIDEWALK.HWY 89PROJECT AREA: TRACT 1 SANDERSON/MOTZKUS 1.02 ACRES AND TRACT 2 SANDERSON/MOTZKUS 1.02 ACRES TRACT 1 AND TRACT 2 ARE REQUIRED TO BE COMBINED AS A CONDITION OF APPROVAL ROAD IMPROVEMENT AREA AND ROAD MAINTENANCE AREA REQUIRED AS A CONDITION OF APPROVAL CLEARVIEW SUBDIVISION CLEARVIEW SUBDIVISION TRUNNELL SUBDIVISION ETNA TRADING COMPANY CLCLROADROADPEDESTRIAN SIDEWALK WITH EXTRNAL BYPASS: REFER TO TYPICAL TYPE-A WYDOT DETAL. REVISIONS 051015202530 051015202530 A F K P U 35 35 Z A F K P U Z 6/7/2023 11:59:48 AM NEIGHBORHOOD PLAN SP102ETNA VILLAGE POSTTRACT 1 AND TRACT 206.07.2023 CHECKED BY | BENNETT © 2023 | ALL RIGHTS RESERVEDSANDERSON AND MOTZKUS PLAT OF TRACTS: ETNA, WYDRAWN BY | BENNETT CUP SUBMITTAL | AAS # ETNA VILLAGE POST | 1" = 40'-0"SP102 1 NEIGHBORHOOD PLAN TRACT 1 TRACT 2 CLEARVIEW DRIVE ACCESS EASEMENT CLEARVIEW LANEPROPERTY LINE SETBACK ROW20'-0"ROW40'-0"CLEARVIEW DRIVE IRRIGATION EASEMENT EXISTING PEDESTRIAN WAY EXISTING PEDESTRIAN WAY NEW PEDESTRIAN WAY ROAD IMPROVEMENT AND ROAD MAINTENANCE AREA HWY 89CLEARVIEW SUBDIVISION CLEARVIEW SUBDIVISION TRUNNELL SUBDIVISION ETNA TRADING COMPANY CLCLROADROADPEDESTRIAN SIDEWALK WITH EXTRNAL BYPASS: REFER TO TYPICAL TYPE-A WYDOT DETAL. PROPOSED ROAD IMPROVEMENT AREA AND PROPOSED ROAD MAINTENANCE AGREEMENT AREA BETWEEN DEVELOPER AND EXISTING LAND OWNERS. GRAPHIC LEGEND PEDESTRIAN WAY: 5 FOOT WIDE CONCRETE SIDEWALK. PROJECT AREA: TRACT 1 SANDERSON/MOTZKUS 1.02 ACRES AND TRACT 2 SANDERSON/MOTZKUS 1.02 ACRES TRACT 1 AND TRACT 2 ARE REQUIRED TO BE COMBINED AS A CONDITION OF APPROVAL ROAD IMPROVEMENT AREA AND ROAD MAINTENANCE AREA REQUIRED AS A CONDITION OF APPROVAL 1" = 40'-0"SP102 1 NEIGHBORHOOD PLAN A201 3 A201 2 7 56 5 1/2"14'-9" D F C 4 A 44'-0"30'-0"30'-0"30'-0"30'-0"20'-6"E 13'-10 1/2" W/D DW DW 21'-1" 8'-0" A201 1 B 23'-6 1/2"15'-2 1/2"14'-9 1/2" 132 A2014 DW BEDROOM 1 BEDROOM 1 WH BATHROOM CLOSET MECH GARAGE KITCHEN DINING LIVING CLOSET PANTRY DINING KITCHENLIVING POWDER GARAGE ENTRY CLOSET LIVING DINING KITCHEN GARAGE CLOSET POWDER PANTRY REF ENTRY REF DW WH REF LIVING DINING KITCHEN Room GARAGE MECH BATHROOM CLOSET W/D COVERED DECK COVERED DECK COVERED DECK COVERED DECK COVERED ENTRY COVERED ENTRY COVERED ENTRY COVERED ENTRY2'-0"UNIT-2 LEVEL-1 LIVING: 727 GROSS SQFT UNIT 2 GARAGE : 528 GROSS SQFT UNIT-1 LEVEL-1 LIVING: 768 GROSS SQFT UNIT-1 GARAGE : 295 GROSS SQFT UNIT-3 LEVEL-1 LIVING: 727 GROSS SQFT UNIT 3 GARAGE : 528 GROSS SQFT UNIT-4 LEVEL-1 LIVING: 768 GROSS SQFT UNIT-4 GARAGE : 295 GROSS SQFT 1/4" = 1'-0"A101 1 TYPICAL 1ST FLOOR PLAN 840 SCALE IN FEET SCALE: 1/4" = 1'-0" REVISIONS 051015202530 051015202530 A F K P U 35 35 Z A F K P U Z 6/7/2023 11:52:17 AM 1ST FLOOR PLAN* A101ETNA VILLAGE POSTTRACT 1 AND TRACT 206.07.2023 CHECKED BY | BENNETT © 2023 | ALL RIGHTS RESERVEDSANDERSON AND MOTZKUS PLAT OF TRACTS: ETNA, WYDRAWN BY | BENNETT CUP SUBMITTAL | AAS # ETNA VILLAGE POST |*REFER TO SITE PLAN FOR BUILDING ORIENTATION STRUCTURE FOOTPRINT: 4,621 GROSS SQFT A201 3 A201 2 7 56 D F C 4 A EW/DA201 1 B 132 W/DA2014 BEDROOM 1 BEDROOM 1 BEDROOM 2 BEDROOM 3BEDROOM 3BEDROOM 2 WH WH HALL CLOSETCLOSET MECH CLOSET BATHROOM 1 BATHROOM 1 CLOSET BATHROOM 2 CLOSETCLOSET MECH HALL 30'-0" 30'-0" 30'-0" 30'-0"42'-0"2'-0"LINE OF ROOF ABV 2'-0"UNIT-2 LEVEL-2 LIVING: 1,278 GROSS SQFT UNIT-3 LEVEL-1 LIVING: 1,278 GROSS SQFT BATHROOM 2 840 SCALE IN FEET SCALE: 1/4" = 1'-0" NORTH REF REVISIONS 051015202530 051015202530 A F K P U 35 35 Z A F K P U Z 6/7/2023 11:52:19 AM 2ND FLOOR PLAN* A102ETNA VILLAGE POSTTRACT 1 AND TRACT 206.07.2023 CHECKED BY | BENNETT © 2023 | ALL RIGHTS RESERVEDSANDERSON AND MOTZKUS PLAT OF TRACTS: ETNA, WYDRAWN BY | BENNETT CUP SUBMITTAL | AAS # ETNA VILLAGE POST | 1/4" = 1'-0"A102 1 TYPICAL 2ND FLOOR PLAN *REFER TO SITE PLAN FOR BUILDING ORIENTATION WOOD SIDING: STAINED METAL ROOFING: PAINTED SNOW GUARD: PAINTED WOOD POST/BEAM: STAINED METAL SIDING: PAINTED METAL FASCIA: PAINTED16'-9"26'-2"WOOD SIDING: STAINED WOOD POST/BEAM: STAINED METAL SIDING: PAINTED METAL FASCIA: PAINTED 13'-11"16'-1"25'-3"WOOD SIDING: STAINED METAL ROOFING: PAINTED SNOW GUARD: PAINTED WOOD POST/BEAM: STAINED METAL SIDING: PAINTED METAL FASCIA: PAINTED 14'-6"WOOD SIDING: STAINED METAL ROOFING: PAINTED SNOW GUARD: PAINTED WOOD POST/BEAM: STAINED METAL SIDING: PAINTED METAL FASCIA: PAINTED 26'-2"16'-9"14'-2"1/4" = 1'-0"A201 2 WEST ELEVATION 1/4" = 1'-0"A201 3 EAST ELEVATION REVISIONS 051015202530 051015202530 A F K P U 35 35 Z A F K P U Z 6/7/2023 11:52:26 AM TYPICAL EXTERIOR ELEVATIONS* A201ETNA VILLAGE POSTTRACT 1 AND TRACT 206.07.2023 CHECKED BY | LAST NAME © 2023 | ALL RIGHTS RESERVEDSANDERSON AND MOTZKUS PLAT OF TRACTS: ETNA, WYDRAWN BY | LAST NAME CUP SUBMITTAL | AAS # ETNA VILLAGE POST | 1/4" = 1'-0"A201 1 SOUTH ELEVATION 1/4" = 1'-0"A201 4 NORTH ELEVATION A201 5 SOUTHEAST PERSPECTIVE *REFER TO SITE PLAN FOR BUILDING ORIENTATION 840 SCALE IN FEET SCALE: 1/4" = 1'-0" NTS T35N, R119W, NE1/4SE1/4 SECTION 10 CONDITIONAL USE PERMIT DRIVEWAY ACCESS REQUEST DOES YOUR DRIVEWAY EXCEED A 10% GRADE? Yes [ ] No [ ] What type of road does your proposed driveway access onto? [ ] Private Road Name:____________________________ [ ] County Road #____ If your proposed permit requires a new or modified access onto a County Road, complete the following form: [ ] State Highway #_____ - All driveways accessing State Roads shall obtain proper access permits from the Wyoming Department of Transportation. NAME AND NUMBER OF COUNTY ROAD onto which driveway connects: ______________________________________________________________________________ DRIVEWAY WIDTH: _______________ DRIVEWAY RADIUS: _____________ (12.5 min.) BASE material and depth: ______________________________________ (8” min. course stone) SURFACE material and depth: ________________________________ (4” min. crushed gravel) CULVERT diameter and gauge: _________________________________(18" min., 16 ga. min.) PROVIDE A SITE PLAN showing: property line, County road, driveway width, radius, slope, and other details to show compliance with County Driveway Access Standards. Your driveway access design shall be reviewed for compliance with adopted County standards. Failure to build in accordance with the approved design standards shall void this permit. If you need assistance or information contact the Planning Office in Kemmerer at (307) 877-9056; 925 Sage Avenue Suite 201, Kemmerer, WY 83101 ; Fax # (307) 877-6439 OR the Planning Office in Afton at (307) 885-3106; 61st East 5th Avenue, Afton, WY 83110 ADMINISTRATIVE USE ONLY Permit Number: Inspection by: Date: 6 of 9 CONDITIONAL USE PERMIT SIGN DESCRIPTION If this project includes the installation or modification of advertising sign(s), complete the following information: ROAD NAME OR NUMBER ON WHICH THE SIGN WILL BE LOCATED: ______________________________________________________________________________ DESCRIPTION OF PROPOSED SIGN: Attach a dimensioned drawing of the sign Type of material of which the sign will be constructed? _________________________________ Will the Sign be lighted? [ ] Yes [ ] No If Yes describe _________________ ______________________________________________________________________________ Width ____________ Length ____________ Height ____________ TOTAL s.f. ____________ If you need assistance or information contact the Planning Office in Kemmerer at (307) 877-9056; 925 Sage Avenue Suite 201, Kemmerer, WY 83101 ; Fax # (307) 877-6439 OR the Planning Office in Afton at (307) 885-3106; 61st East 5th Avenue, Afton, WY 83110 ADMINISTRATIVE USE ONLY Permit Number: 7 of 9 STONE VENEER WOOD BEAM WOOD POST METAL SIGNAGE WITH LOGO LOGO STONE CAP STONE VENEER LINE OF FINISH GRADE 8'12'-6" LED DOWN-LIGHTING 3000K STONE CAP 3/8" = 1'-0" SIGN DRAWING - ETNA VILLAGE POST Date: June 7th, 2023 Alpine Architectural Studio PO Box 3975 Alpine, WY 83128 Contact: Brett Bennett (bbennett@alpinearchstudio.com) Conditional Use Permit Submittal: Etna Village Post Location: Robert L. Sanderson & Sharon Sanderson Tract 1 and Tract 2. NE1/4 SE1/4_SECTION 10 _T35N _R119W Tract 1 : 1.02 Acres Tract 2 : 1.02 Acres Drawings Included: G001: Cover Sheet PLAT: Tract 1 and Tract 2 TOPO: Topographic Map: GP: Site Design-Grading P01: Site Design-Profile SP101: Site and Landscape Plans SP102: Neighborhood Plan A101: Typical 1st Floor Plan A102: Typical 2ndFloor Plan A201: Typical Exterior Elevations Narrative for Etna Village Post CUP Submittal: Overview of Proposed Project: 12 Residential apartments up to 2 stories each are proposed with a density of 5.88 units per acre (12/2.04=5.88). 24 bedrooms have been included in the septic analysis. There are (4) apartments per building and each building has a proposed foot print of 4,621 square feet (13,863 square feet total combined/proposed foot print). The proposed maximum structure height is 35’-0”. Maximum structure height will also conform to the one-foot horizontal distance for every foot in building height measured at the eve side of building nearest to the property line. Neighborhood Meeting: This project was previously tabled during the 4.19.2023 Planning and Zoning Commission meeting. A neighborhood meeting was then held on 5.11.2023 at the Etna Community Center. The developer has decided to directly address community concerns by: 1: Reducing the overall project density down to 5.88 units per acre and increasing open space to 50.4%. 2: Proposing a road improvement area within the entire right-of way that runs east west along the south property line of tracts 1 & 2. This road improvement area includes a 40’ maximum wide curb cut as recommended by WYDOT. New asphalt is also proposed within the road improvement area. 3: A draft road maintenance agreement is included with this submittal. 4: A draft affidavit of lot combination document has been included with this submittal. 5: The developer has requested for the lot combination to be included as a condition of approval. Surrounding Uses: North – Residential use. West – Residential and agricultural use. South – Residential and commercial use. East – Commercial and residential use. Occupants: 82 maximum occupants are estimated based on habitable floor area and 200 square feet per occupant. Garage areas have been excluded from the occupant calculations. Deliveries: Deliveries are estimated at one delivery per unit or 12 deliveries per day. Buffering: Landscape Plan L101 addresses buffering between adjacent single-family, multi- family, and commercial uses. Trees and shrubs are proposed on all 4 sides of the overall development and a 6’ high privacy fence is included along the north, east, and west development boundaries. Traffic, Circulation, and Parking: Utilize the existing WYDOT Permit for Clearview Drive. Two- way circulation has been provided within the development and all apartments have either one or two car garages in addition to driveway parking. 44 parking spaces (combined garage and driveway and guest parking) have been provided. Paved driveways and circulation routes are included to mitigate dust. TOTAL TRAFFIC GENERATED: 135 ADT PEAK TRAFFIC IN 1 HR (10% OF TOTAL DAILY TRAFFIC): 135 X .1 = 13.5 TRIPS Water and Sewer: The project will have two phases. Phase one is to construct (2) four unit buildings. Phase two is to construct (1) additional four unit building for a total of 12 apartments. In order to construct phase two, UIC permitting is required. Sunrise Engineering has reviewed this approach with Mark Baron at DEQ and reviewed distances to public/private wells. Etna Water and sewer has provided an intent to serve letter for this development. Snow Storage: Snow storage as a percentage of drive surfaces: 15.8%. Drainage: In conjunction with the general east to west flow, the area between the buildings A-2 and B-1 will be graded to drain southward. This area is grassy so there will be significant infiltration and any remaining water will flow to the western detention basin. The on-site road and parking areas will drain to the grass between the driveways with any overflow going southward into the detention basins provided on site. Other detention areas are indicated on drawing GP-Grading Plan. Usable Open Space: All apartments have access to rear yard areas and are provided with covered decks. A generous open space area has been provided west of building A-2. Total green space provided is 50.4% of the overall project area. Location of Use: All surrounding properties within a 300’ radius are within the Etna Mixed Zoning area: See Image Below. Respectfully, Brett Bennett / Alpine Architectural Studio, LLC Exhibit A D}3SCRJP'fION FOR ROBERT L. SANDERSON AND SHARON SANDERSON TRACT! That part of the NE J/4 SB 1/4 of Section 10, TJSN Rl 19W, Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 454 of Photostatic Recol'ds on page 181, described as follows: COMMENCING at the southeast spike of said tract on the cast line of said NEl/4SEI/4, N00°-07'-54"W, 918.34 feet, from the southeast corner of said NEl/4SEl/4; Ul�nce S89°-44'-00"W, 448.21 feet, along the south line of said tract to the POINT OF BEGINNING; thence S89°-44'-00"W, 224.31 feet, along the south line of said tract, to the southwest point thereof; thence NOl0-08'-24"W, 198.20 feet, along the west line of said tract, lo the northwest point thereof; thence N89°-42'-00"E, 224.31 feet, along the north line sald tract, ton point; thence SOI 0-08'-24"E, 198.32 feet, along a line parallel with !he west line ofsnid tract, to the POINT OF BEGINNING; ENCOMPASSING an area of 1.02 acres, more or less; the BASE BEARING for this survey is the east line of the SE 1/4 of Section 10, T35N RI 19W, being N00°-07'-54"W; SUBJECT to AND TOGETHER with a perpetual right of ingyess and egress and utilities over, under and across that sixty (60) fool access easement depicted on the below refNenced plat; each "corner" found as described in the Comer Record filed or to be filed in the Office of the Clerk of Lincoln CoW1ty; each '"point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate details; all In accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "ROBERT L. SANDERSON AND SHARON SANDERSON RUSSELL MOTZKUS AND MICHELLE MOTZKUS PLAT OF TRACTS, COMMO�I EASEMENT AND BOUNDARY ADJUSTMENT WITIDN THE NB 1/4 SE 1/4 SECTION IO TI5N RI 19W LINCOLN COUNTY, WYOMING", dated 5 September 2005, aa revised. Exhibit B DESCRIPTION FOR ROBERT L. SANDERSON AND SHARON SANDEUSON TRACT2 To-wit:·· That part of the NE 1/4 SE 1/4 of Section 10, T3SN RI 19W, Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 4S4of Photostatic Records on page 181, described as follows: COMMENCING at the southeast spike of said tract on the east lino of said NE 1/4 SEJ/4, N00°-07'-54"W, 918.34 feet, from the southeast comer of said NE 1/4 SE 1/4; thence S89°-44'-00"W, 230.17 feet, along the south line of said tract to the POINT OF BEGINNING; thence S89°-4ll'-O0''W, 218.04 feet, along the south line of said tract, to a point; thence N01°-0ll'-24"W, 198.32 feel, along a line parallel with the west line of said tract, to a point on the north line of said tract; thence N89°-42' -00"E, 230.0 I feet, along the north line said tract, to a point; thence S02°-18'-SS"W, 198.63 feet, along an existing fence line, to the POINT OF BEGINNING; EN COMP ASSING an area of 1.02 acres, more or less; the BASE BEARING for this survey is the cast line of the SE 1/4 of Section 10, T35N RIJ9W, beingN00°-07'-S4"W; SUBJECT to AND TOGETHER with a perpetual right of ingress and egress and utilities over, under and across that sixty (60) foot access easement depicted on tho below referenced plat; each "corner" found as described in the Comer Record filed or to be filed in the Office of the Clerk of Lincoln Cowity; each ''point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminwn cap �cribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate details; all in accordance with the plat prepared to be filed in the Office of tho Clerk of Lincoln County titled, "ROBERT L. SANDERSON AND SHARON SANDERSON RUSSELL MOTZKUS AND MICHELLE MOTZK.US PLAT OF 1RACTS, COMMON EASEMENT AND BOUNDARY ADJUSTMENT Wlnml THE NE 1/4 SB 1/4 SECTION 10 TJSN RI 19W LINCOLN COUNTY, WYOMINO", dated 5 September 2005, as l'evised. AFFIDAVIT OF LOT COMBINATION STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) Comes now Matthew L. Burtness and he does make the following statement of facts and affirms: That he, Matthew L. Burtness, owns the following described parcels of land: 1. Tract 1: The real property described on Exhibit A attached hereto. 2. Tract 2: The real property described on Exhibit B attached hereto. It is the intent that the above referenced parcels of land be combined for all applications of Lincoln County zoning and subdivision regulations and may not be sold separately without the approval of Lincoln County. MATTHEW L. BURTNESS _________________________________________ The foregoing instrument was subscribed and sworn to before me by Matthew L. Burtness, this day of 2023. Witnessed my hand and official seal. Notary Public Commission Expires:______________ June 8,2023 To Whom It May Concern, An inspection of the proposed,Etna Village Estates in Etna,Lincoln County,Wyoming. The purpose of this inspection was to see if there are any of the noxious weeds as to W.S.11-5-102 (a)(xi).At the time of inspection,Black Henbane and Hounds Tongue were present.These weeds are on the Wyoming State Noxious Weed list as well as the Lincoln County Noxious Weed List.These plants have proven to be very invasive and pernicious.According to Wyoming Statute it is illegal to allow any state or county noxious weed to propagate freely.The subdivision representative will need to contact Lincoln County Weed and Pest and explain their weed control strategy or work with us to devise one. Lincoln County Weed and Pest furnishes herbicides for noxious weed control at a reduced cost share discount to the landowner.We also offer ATV sprayers and 25-gallon pickup sprayers for rent. Please know that all visits to the above property as well as any consultations are at no charge,so feel free to call or stop by the office any time if you have any questions. Sincerely, Bryan Nichols Travis Osmond Private Lands Coordinator Supervisor Lincoln County Weed and Pest District Lincoln County Weed and Pest District 7/7/23, 8:18 AM LINCOLN COUNTY WYOMING Mail - Etna Village Post Apartments https://mail.google.com/mail/u/0/?ik=f1e3f38f9b&view=pt&search=all&permthid=thread-f:1770694407280958309&simpl=msg-f:1770694407280958309 1/1 Robert Davis <robert.davis@lincolncountywy.gov> Etna Village Post Apartments 1 message Darin Kaufman <darin.kaufman@wyo.gov>Thu, Jul 6, 2023 at 11:49 AM To: Planning <planning@lincolncountywy.gov> Robert, WYDOT has nothing further to add. Previous comments provided April 7, 2023 still apply. 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. 7/7/23, 8:02 AM LINCOLN COUNTY WYOMING Mail - FW: Etna Village Post: Clearview/HWY 89 https://mail.google.com/mail/u/0/?ik=f1e3f38f9b&view=pt&search=all&permthid=thread-f:1770701405117624485&simpl=msg-f:1770701405117624485 1/3 Robert Davis <robert.davis@lincolncountywy.gov> FW: Etna Village Post: Clearview/HWY 89 1 message Brett Bennett <bbennett@alpinearchstudio.com>Thu, Jul 6, 2023 To: "Robert Davis (robert.davis@lincolncountywy.gov)" <robert.davis@lincolncountywy.gov> Cc: Matthew Burtness <matt.burtness@gmail.com> Robert – Here are the comments from WYDOT based on the walk-through after the neighborhood meeting. See attached and highlighted comments 1-8 below. From my end I have taken it as far as I can. The next step would be to have Sunrise detail it out. Can you help provide some comments on this? Maybe a call with Matt…? Thank you, Brett Brett Bennett | Alpine Architectural Studio | PO Box 3975 Alpine, WY 83128 | 307-880-4280 | bbennett@alpinearchstudio.com From: Darin Kaufman <darin.kaufman@wyo.gov> Sent: Thursday, July 6, 2023 1:26 PM To: Brett Bennett <bbennett@alpinearchstudio.com> Cc: alpineredneckrescue@gmail.com; jessturtur@yahoo.com; Avy0240@hotmail.com; Matthew Burtness <matt.burtness@gmail.com> Subject: Re: Etna Village Post: Clearview/HWY 89 Brett, I apologize for my late response. Below and attached are my initial thoughts and observations. 1. For any improvements or modifications (widening) of existing access must obtain a new access permit from WYDOT. 2. Ideally and eventually in addition to the plan view, please provide a bubble detail insert of the proposed access improvements with dimensions and limits of affected sidewalk, curb and 3. Show details of removing (replace with standard curb/gutter & sidewalk) existing two curb cuts serving ETC. 4. Consider centering the 40' approach curb cut on the property line with ETC. 5. Consider shifting (widen) alignment of Clearview Dr north to minimize the abrupt vehicle taper transition westbound. 6. May need to confirm adequate vehicle storage capacity of the eastbound right & left-turn pockets. 7. May need to provide a striping plan for Clearview Dr. 8. Recommend providing an access easement and/driveway via Clearview Dr for ETC. How does it fit with ETC plans? If you have any other questions or concerns, please let me know. 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 On Wed, Jun 28, 2023 at 3:26 PM Brett Bennett <bbennett@alpinearchstudio.com> wrote: Darin – Hope this finds you well and we are going to need some comments for our Etna Village Post Submittal. We have indicated a 40 foot wide WYDOT curb cut per your typical details and need to know what requirements will be coming from WYDOT. Could you please review the attached along with the image below and let me know if you need more information. During the neighborhood you meeting you brought up some previous correspondence regarding the ETC curb cut and from the street view image, a 40-foot-wide curb cut for Clearview Dr. encroach on the ETC curb cut. I can run out there and pull a tape if needed. 7/7/23, 8:02 AM LINCOLN COUNTY WYOMING Mail - FW: Etna Village Post: Clearview/HWY 89 https://mail.google.com/mail/u/0/?ik=f1e3f38f9b&view=pt&search=all&permthid=thread-f:1770701405117624485&simpl=msg-f:1770701405117624485 2/3 Please send your thoughts; ETC Owners and Etna Village Post owners are copied on this. Thank you, Brett Street View Image Brett Bennett | Alpine Architectural Studio | PO Box 3975 Alpine, WY 83128 | 307-880-4280 | bbennett@alpinearchstudio.com From: Darin Kaufman <darin.kaufman@wyo.gov> Sent: Wednesday, May 17, 2023 3:06 PM To: Brett Bennett <bbennett@alpinearchstudio.com> Cc: alpineredneckrescue@gmail.com; jessturtur@yahoo.com; Avy0240@hotmail.com; Matthew Burtness <matt.burtness@gmail.com> Subject: Re: Etna Village Post: Clearview/HWY 89 Brett, Please see attached. If you have any questions please let me know. 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 On Tue, May 16, 2023 at 8:20 AM Darin Kaufman <darin.kaufman@wyo.gov> wrote: Brett, 7/7/23, 8:02 AM LINCOLN COUNTY WYOMING Mail - FW: Etna Village Post: Clearview/HWY 89 https://mail.google.com/mail/u/0/?ik=f1e3f38f9b&view=pt&search=all&permthid=thread-f:1770701405117624485&simpl=msg-f:1770701405117624485 3/3 We are currently searching for the as-constructed plans in this area. WYDOT standards plans and details can be found in the attached document or at the WYDOT website. https://www.dot.state.wy.us/home/engineering_technical_programs/manuals_publications/standardplans.html see Detail 608-1B (Sht 7 of 8) 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 On Tue, May 16, 2023 at 7:56 AM Brett Bennett <bbennett@alpinearchstudio.com> wrote: Hello Darin, Thank you for walking the Clearview/HWY89 area last week. I have copied Matt Burtness with Etna Village Post along with Nick Cummings/Etna Trading Co.(ETC) partners. This is to get everyone on an e-mail thread, and we are looking for the historical documents regarding the ETC curb cut located north of the Clearview curb cut. This was brought up a neighborhood meeting….. We are also looking for the 40’ wide WYDOT detail plus any other relevant WYDOT details. Thank you, Brett Brett Bennett | Alpine Architectural Studio | PO Box 3975 Alpine, WY 83128 | 307-880-4280 | bbennett@alpinearchstudio.com 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. 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. Pages from 2023-06-07_ETNA VP_CUP DRAWINGS_ALT-WYDOT comments.pdf 317K TRACT 1 TRACT 2 CLEARVIEW DRIVE ACCESS EASEMENT CLEARVIEW LANEPROPOSED ROAD IMPROVEMENT AREA AND PROPOSED ROAD MAINTENANCE AGREEMENT AREA BETWEEN DEVELOPER AND EXISTING LAND OWNERS. GRAPHIC LEGEND PROPERTY LINE SETBACK ROW20'-0"ROW40'-0"CLEARVIEW DRIVE IRRIGATION EASEMENT EXISTING PEDESTRIAN WAY EXISTING PEDESTRIAN WAY NEW PEDESTRIAN WAY ROAD IMPROVEMENT AND ROAD MAINTENANCE AREA PEDESTRIAN WAY: 5 FOOT WIDE CONCRETE SIDEWALK.HWY 89PROJECT AREA: TRACT 1 SANDERSON/MOTZKUS 1.02 ACRES AND TRACT 2 SANDERSON/MOTZKUS 1.02 ACRES TRACT 1 AND TRACT 2 ARE REQUIRED TO BE COMBINED AS A CONDITION OF APPROVAL ROAD IMPROVEMENT AREA AND ROAD MAINTENANCE AREA REQUIRED AS A CONDITION OF APPROVAL CLEARVIEW SUBDIVISION CLEARVIEW SUBDIVISION TRUNNELL SUBDIVISION ETNA TRADING COMPANY CLCLROADROADPEDESTRIAN SIDEWALK WITH EXTRNAL BYPASS: REFER TO TYPICAL TYPE-A WYDOT DETAL. REVISIONS 051015202530 051015202530 A F K P U 35 35 Z A F K P U Z 6/7/2023 11:59:48 AM NEIGHBORHOOD PLAN SP102ETNA VILLAGE POSTTRACT 1 AND TRACT 206.07.2023 CHECKED BY | BENNETT © 2023 | ALL RIGHTS RESERVEDSANDERSON AND MOTZKUS PLAT OF TRACTS: ETNA, WYDRAWN BY | BENNETT CUP SUBMITTAL | AAS # ETNA VILLAGE POST | 1" = 40'-0"SP102 1 NEIGHBORHOOD PLAN TRACT 1 TRACT 2 CLEARVIEW DRIVE ACCESS EASEMENT CLEARVIEW LANEPROPERTY LINE SETBACK ROW20'-0"ROW40'-0"CLEARVIEW DRIVE IRRIGATION EASEMENT EXISTING PEDESTRIAN WAY EXISTING PEDESTRIAN WAY NEW PEDESTRIAN WAY ROAD IMPROVEMENT AND ROAD MAINTENANCE AREA HWY 89CLEARVIEW SUBDIVISION CLEARVIEW SUBDIVISION TRUNNELL SUBDIVISION ETNA TRADING COMPANY CLCLROADROADPEDESTRIAN SIDEWALK WITH EXTRNAL BYPASS: REFER TO TYPICAL TYPE-A WYDOT DETAL. PROPOSED ROAD IMPROVEMENT AREA AND PROPOSED ROAD MAINTENANCE AGREEMENT AREA BETWEEN DEVELOPER AND EXISTING LAND OWNERS. GRAPHIC LEGEND PEDESTRIAN WAY: 5 FOOT WIDE CONCRETE SIDEWALK. PROJECT AREA: TRACT 1 SANDERSON/MOTZKUS 1.02 ACRES AND TRACT 2 SANDERSON/MOTZKUS 1.02 ACRES TRACT 1 AND TRACT 2 ARE REQUIRED TO BE COMBINED AS A CONDITION OF APPROVAL ROAD IMPROVEMENT AREA AND ROAD MAINTENANCE AREA REQUIRED AS A CONDITION OF APPROVAL 1" = 40'-0"SP102 1 NEIGHBORHOOD PLAN 5/10/23, 10:09 AM LINCOLN COUNTY WYOMING Mail - Etna Post Apartments https://mail.google.com/mail/u/0/?ik=f1e3f38f9b&view=pt&search=all&permthid=thread-f:1765450554208264974&simpl=msg-f:176545055420826497…1/3 Robert Davis <robert.davis@lincolncountywy.gov> Etna Post Apartments 6 messages Karl Scherbel <karl.scherbel1@gmail.com>Tue, May 9, 2023 at 2:40 PM To: planning@lcwy.org, jerry.hansen@lcwy.org, teri.bowers@lincolncountywy.gov, kent.connelly@lincolncountywy.gov Howdy Folks- It's me again, and yes, I have concerns regarding this project. We just received notice yesterday of the public meeting being scheduled for this coming Thursday at 2:00 pm in the Etna Community Complex. I received notice via email a week or so ago, and wonder why it has taken so long to get the notice out to the community members. It is not my job to do the planning department's job. Giving the neighbors only a couple of days to make arrangements to attend this is kind of a dirty trick. Second, why is this being scheduled during regular working hours, making it difficult for the public to attend? Seems a bit strange. Third, is this now a service that all developers can expect from Lincoln County into the future - that the County Planning will be the champion of their project, schedule public input meetings, send notices to landowners, secure facilities, and so on? My understanding is that planning office personnel have contacted the adjoining landowners to help broker whatever needs to be done to help this project get done. Shouldn't that be the job of the developer and his agents? Certainly seems like the playing field is not level for everyone at this point. All we're asking for here is some courtesy and common sense on this proposed development and that our very real and extremely valid concerns regarding the neighborhood be given the due consideration we deserve. Karl Scherbel Robert Davis <robert.davis@lincolncountywy.gov>Tue, May 9, 2023 at 3:04 PM To: Karl Scherbel <karl.scherbel1@gmail.com> Cc: planning@lcwy.org, jerry.hansen@lcwy.org, teri.bowers@lincolncountywy.gov, kent.connelly@lincolncountywy.gov Karl, It's me again, and yes, I have concerns regarding this project. We just received notice yesterday of the public meeting being scheduled for this coming Thursday at 2:00 pm in the Etna Community Complex. I received notice via email a week or so ago, and wonder why it has taken so long to get the notice out to the community members. It is not my job to do the planning department's job. Giving the neighbors only a couple of days to make arrangements to attend this is kind of a dirty trick. Sending out the notices last week on Wednesday was as soon as we could get something out and it is not intended to be a 'dirty trick'. On the contrary, we see this as an opportunity to get closer to the public and to further discuss concerns in a convenient setting. Second, why is this being scheduled during regular working hours, making it difficult for the public to attend? Seems a bit strange. I agree we could have scheduled this meeting in the evening. I am still open to conducting another meeting if necessary. Third, is this now a service that all developers can expect from Lincoln County into the future - that the County Planning will be the champion of their project, schedule public input meetings, send notices to landowners, secure facilities, and so on? My understanding is that planning office personnel have contacted the adjoining landowners 5/10/23, 10:09 AM LINCOLN COUNTY WYOMING Mail - Etna Post Apartments https://mail.google.com/mail/u/0/?ik=f1e3f38f9b&view=pt&search=all&permthid=thread-f:1765450554208264974&simpl=msg-f:176545055420826497…2/3 to help broker whatever needs to be done to help this project get done. Shouldn't that be the job of the developer and his agents? Certainly seems like the playing field is not level for everyone at this point. This is not necessarily a service just for developers This meeting is an attempt to gain agreement from all players including members of the community. I believe public planning's role is that of a facilitator for public engagement. All we're asking for here is some courtesy and common sense on this proposed development and that our very real and extremely valid concerns regarding the neighborhood be given the due consideration we deserve. We are hoping for a good exchange of ideas and concerns from the community and developer. Thank you. 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 [Quoted text hidden] Karl Scherbel <karl.scherbel1@gmail.com>Tue, May 9, 2023 at 3:19 PM To: Robert Davis <robert.davis@lincolncountywy.gov> Cc: planning@lcwy.org, jerry.hansen@lcwy.org, teri.bowers@lincolncountywy.gov, kent.connelly@lincolncountywy.gov I suppose we can just agree to disagree on these points. The exchange of ideas and concerns should have happened months ago. It sure seems like greasing the skids for this particular developer, at least from our perspective. These are things that the landowner/developer ought to be doing on their time and at their expense and not at the taxpayer expense from public servants/employees. The Planning Department ought to be identifying these requirements and conditions, provide contact information for the agencies the developer needs to contact, and then stay out of it. And when the items have been appropriately met and satisfied, the application goes forward. I think it's a pretty thin line being tread here. Just my opinion, but what do I know? What happens when the application goes to the planning board again and the comment is made "we held a public meeting but only a few people showed up"? We have heard not one word from the developer nor his agent regarding this proposal since the April P&Z meeting. So anyway, yes, we are a bit heated on this project - not because of development, but because of the way it is being handled and the perceptions from our end are that it is going to be ramrodded through at the density originally proposed, that this public meeting is merely lip service, and that the concerns of safety, access, density, maintenance, and so on will not be adequately addressed and that we'll be left holding the bag. [Quoted text hidden] Robert Davis <robert.davis@lincolncountywy.gov>Tue, May 9, 2023 at 3:31 PM To: Karl Scherbel <karl.scherbel1@gmail.com> Cc: planning@lcwy.org, jerry.hansen@lcwy.org, teri.bowers@lincolncountywy.gov, kent.connelly@lincolncountywy.gov Karl, Another option is to not have a community meeting at all. I would prefer to take this opportunity to further discuss this project in a community setting. Thank you. 5/10/23, 10:09 AM LINCOLN COUNTY WYOMING Mail - Etna Post Apartments https://mail.google.com/mail/u/0/?ik=f1e3f38f9b&view=pt&search=all&permthid=thread-f:1765450554208264974&simpl=msg-f:176545055420826497…3/3 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 [Quoted text hidden] Karl Scherbel <karl.scherbel1@gmail.com>Tue, May 9, 2023 at 3:36 PM To: Robert Davis <robert.davis@lincolncountywy.gov> Cc: planning@lcwy.org, jerry.hansen@lcwy.org, teri.bowers@lincolncountywy.gov, kent.connelly@lincolncountywy.gov I will be there. I have no idea who else from the neighborhood can make it. It needs to happen because obviously there is a whole lot of information that neither the planning office nor the developer nor his agent have even considered. We would love to hear the answers to all of the questions posed on the long treatise and what assurances we are going to have that we're not going to be left holding the bag to deal with problems that will for sure happen if the project proceeds as currently proposed. [Quoted text hidden] Robert Davis <robert.davis@lincolncountywy.gov>Tue, May 9, 2023 at 3:55 PM To: Karl Scherbel <karl.scherbel1@gmail.com> Thank you. 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 [Quoted text hidden] 7/7/23, 9:40 AM LINCOLN COUNTY WYOMING Mail - 101 CUP 23 https://mail.google.com/mail/u/0/?ik=f1e3f38f9b&view=pt&search=all&permthid=thread-f:1770428212062993044&simpl=msg-f:1770428212062993044 1/1 Robert Davis <robert.davis@lincolncountywy.gov> 101 CUP 23 1 message Karl Scherbel <karl.scherbel1@gmail.com>Mon, Jul 3, 2023 at 1:18 PM To: planning@lcwy.org Cc: kent.connelly@lincolncountywy.gov, jerry.hansen@lcwy.org, teri.bowers@lincolncountywy.gov I have received the notification of P&Z meeting to be held on 19 July 2023 at which the referenced project for Etna Post will be heard. I see comments on the proposal are due on the 10th, but no staff report is available to view until the 12th. I wonder about what items you would like to have comments, as the notice is lacking in details? Given the quantity of questions and concerns raised by me regarding this project, I would sure love to see something more detailed. 1) How is this application even at this stage again? The applicant has not met the minimum project size required by the land use regulations of a minimum of 2 acres. He has two 1-acre lots, not one 2-acre lot. This precludes any project of a density greater than 2 units per acre (0.5-acre lots) yet here we are at 6 units per acre. The P&Z appears to be allowing the developer to "hedge his bets" and process a permit for a minimum project size with the minimum requirements to be taken care of after project approval as a condition of approval. This notice even states such "... on two lots totalling 2.04 acres." Are you or are you not going to follow the rules? I have already stated that this project should be required to be cancelled because of falsities in the application, I cited chapter and verse of the land use regulations, and given this blatant violation of minimum project size, I am requesting that once again, the project be shelved unil this is completed and duly recorded. There is no document of record as of this email time combining the lots. Clearly a violation of the regulations that for all intents and purposes is being condoned by the planning department and promulgated as acceptable. This applicant and the planning staff were advised of this situation at the P&Z meeting in January, again in April, and yet again in May at the community meeting, and as yet nothing has been done to rectify the situation. 2) Refer to all my previous communications regarding road maintenance agreement, highway approach problems, plan for on-site snow storage so that there will be no storage of snow in the easement area, recreation area required, widening of the road, controlled access at the Etna Trading Company, and so forth. The neighboring landowners have heard nothing from Mr. Burtness since the community meeting put together by the planning department in May 2023. 3) With this added density, where is the turnaround and will it be required to meet the new guidelines (even though such guidelines are not yet part of the overall plan, but that's a different discussion)? This property does not have through- street access. What about all the hullabaloo from the past 18 months of no cul-de-sacs or turnarounds, and why radio silence from the P&Z about this issue for this project? I'm sure I'll have more comments once we have received something worth commenting on. All we're asking from the neighborhood is that this project - which is the last one to the table in this developed area - not be allowed to leave detritus in its wake for us to have to deal with into perpetuity. That is literally the whole point of the planning department. You are tasked with making sure the rules are followed. You don't get to be the developer's agent and tout the wonderful qualities of a project, which is the perception that has come across in my neighborhood for this project. Karl Scherbel 5/10/23, 9:50 AM LINCOLN COUNTY WYOMING Mail - Fwd: Etna Post Apartments https://mail.google.com/mail/u/0/?ik=f1e3f38f9b&view=pt&search=all&permthid=thread-f:1765470384132738885&simpl=msg-f:1765470384132738885 1/1 Robert Davis <robert.davis@lincolncountywy.gov> Fwd: Etna Post Apartments 1 message Kent Connelly <kent.connelly@lincolncountywy.gov>Tue, May 9, 2023 at 7:55 PM To: Jerry Hansen <jerry.hansen@lincolncountywy.gov>, Robert Davis <robert.davis@lincolncountywy.gov>, Teri Bowers <teri.bowers@lincolncountywy.gov> FYI kent ---------- Forwarded message ---------ent From: Bill Simonet <redwildbill@gmail.com> Date: Tue, May 9, 2023 at 7:29 PM Subject: Etna Post Apartments To: <kent.connelly@lincolncountywy.gov> The above project needs to be DENIED. The whole process by all of you involved is a complete shit show. None of this has been done properly. You are to have public hearings before you approve a development, not after. Why do you hold day time meetings when everyone is working. What a sham. This community does not need this development. We already have a high density in this neighborhood and don’t need another one. Bill and Diana Simonet Clearview Lane Property Owners Sent from my iPad -- Thank you Kent Connelly Lincoln County Commissioner Office: 307.877.2003 Cell: 307.727.8277 Page 1 of 8 LINCOLN COUNTY PLANNING AND ZONING COMMISSION MEETING MINUTES Wednesday, April 19, 2023 6:00 P.M. Locations: Video Conference between the following locations: Lincoln County Courthouse, Commissioner Boardroom, 925 Sage Avenue 3rd Floor, Kemmerer, WY & Afton Planning & Engineering Office, Conference Room, 61 East 5th Avenue, Afton, WY I. CALL TO ORDER Karen Anderson, called the meeting to order at 6:05 pm. A quorum was established. II. INTRODUCTION OF PNZ MEMBERS Planning Commission Members: Karen Anderson, Vice Chair Tom Crank Chad Jensen Pam Price Planning & Engineering Staff: Robert Davis, Planning Director Amy Butler, Engineer Emmett Mavy, Planner II (Absent) Katie Gipson, Development Administrator Mikayla Hibbert, Office Assistant County Attorney Staff: Austin Dunlap III. AGENDA INTRODUCTION BY PLANNING DIRECTOR Robert Davis welcomed everyone and thanked them for attending. Robert asked the Commission if they would like to move Sketch Plans to the beginning of the agenda as an applicant had requested. After discussion, the Commission decided to not move the Sketch Plans higher on the agenda. IV. APPROVAL OF MINUTES Karen called for an approval of the March 22, 2023 meeting minutes noting the changes discussed prior to the meeting as well as in the meeting. Chad made a motion to approve the March minutes. Tom seconded. Motion passed. Chad stated that he would in the future vote differently when it comes to issues such as the 30- foot easement or a buffer fence that was discussed in the March 22nd meeting. Chad stated he would like to see this kicked back to the builder in the future. V. DEVELOPMENT REPORT Katie presented the Development Report for February 27, 2023 to March 26, 2023. She stated that there were 15 Residential Use Permits in North Lincoln County, 0 Small Wastewater Permits, 0 South Lincoln County, and 0 Zoning and Development Permits. Chad questioned if every lot could have a guesthouse in addition to the main house. Robert answered that every lot could have a guesthouse as well a main house in Lincoln County. VI. 103 CUP 23 Sunroc Corporation DBA Depatco Gravel Pit Robert presented the Project to the Commission. Robert stated the project is a Conditional Use Permit Application for expansion of an existing 10-acre gravel pit operation to 27.5 acres on roughly 39.39 acres in the Rural Zone. Robert stated that Sunroc also requests to set up a hot mix asphalt plant and concrete batch plant on the site. Robert stated that the project is located 3 miles northwest of Star Valley Ranch and would gain access Page 2 of 8 from Rock Farm Road, a 60-foot easement and private road. Robert stated that the existing gravel pit operated under the previous owner as excavating, stockpiling and hauling gravel or ‘pit run’ gravel as a Limited Gravel Mining not exceeding 15 acres quarry exemption from the WDEQ. Robert continued stating that the previous owner, Depacto, proposed to lease the gravel pit to different operations who would permit their own screening and crushing equipment. The applicant, Sunroc Corporation, proposes to conduct their own crushing operation in addition to operating a hot mix asphalt and cement batch plant on the site and expand into a Small Gravel Mining operation. Robert stated that the applicant proposes to operate from 7am to 6pm Monday through Friday. Robert stated that there is an estimated total of 1,156 trucks/month. Robert explained that the amount of material crushed or hauled from the pit shall not exceed 40,000 tons per year or 3,333 average tons per month. Robert continued that in general, a dump truck can carry 13 to 25 tons of gravel which equates to 256 to 133 trucks/month on average. Robert stated that the proposal calls for expansion of the gravel pit’s excavation area. The excavation area’s eastern boundary would increase from roughly 418 feet from the western property line to roughly 1,030 feet from the western property line. This would represent an additional 600 feet expansion from the western property line. With the proposed expansion, the nearest occupied dwelling to the east would be roughly 330-340 feet away from the proposed disturbance boundary. Robert stated that the gravel pit, originally permitted through WDEQ in 1985 was expanded from three acres to ten acres in 2008. Robert continued that in the 2008 approval, the applicant was to maintain a 1000-foot separation from any existing home unless home owners gave written permission. Robert stated that although the applicant was approved by the Board of County Commissioners for Limited Mining up to 10 acres, the WDEQ will allow the pit to expand to 15 acres with an increase in bond. Robert stated that a request was made in 2015 to expand the gravel pit from 10 acres to 15 acres and was tabled with the applicant eventually withdrawing the application. Robert stated that normally gravel pits are not allowed adjoining to an existing residential subdivision, but because the pit was permitted prior to the platting of the Rocky Mtn. Ranches Subdivision which occurred in October 2003, it was allowed as a conforming use in the Rural Zone. Robert clarified that this means the land use is allowed to exist and expand, particularly when there will be no greater impacts of traffic, noise, hazardous air pollution, vibration, dust and other affects industrial uses tend to have on sensitive residential areas. Robert stated that removing gravel from the proposed site is consistent with the Lincoln County Comprehensive Plan and Land Use Regulations with regard to promoting mineral and industrial activities but the addition of a cement batch plant and hot asphalt mix plant is inconsistent with the Comprehensive Plan goal of promoting responsible and orderly development of the county given the proximity of this industrial use to residential areas. Robert stated for those reasons Planning Staff recommends the Planning and Zoning Commissioners send a recommendation of denial to the Board of County Commissioners for File # 103 CUP 23 a Conditional Use Permit for cement batch plant and hot asphalt mix operations, and a recommendation of approval of the expansion of the gravel pit. Robert stated that Planning Staff received 48 letters from the public of opposition; 40 of those letters were received in time and in the packet to the Commissioners and 8 of those coming in later and not included in the packet. Robert also mentioned that he received a Petition of opposition for the Gravel Pit with 459 signatures. Karen questioned what the petition specifically opposed. Robert answered he was unsure if it was in opposition to the hot mix plant or the expansion or both. Someone in the public answered it was for both the expansion and hot mix plant. Karen questioned why there would be a hours of operation change from 8am-5pm to 7am-6pm. Robert answered that this is what the applicant requested. Chad questioned why the application in 2015 was withdrawn. Robert answered he was unsure. Chad stated that he thinks that an operating time of 7am is too early. Chad also asked for clarification on the truck traffic. Chad asked for clarification on the difference between what is happening now versus what could happen if this application is approved if the operations stay the same. Robert stated that it would be the same operations, but they would be expanding beyond the 15 acres that they could expand to as is right now. Tom questioned if the existing use included crushing. Robert stated that yes, they are permitted to crush currently. Tom questioned if the existing pit area is mined out already. Robert stated that he understands that it is close to being mined out now. Bill King, representative for Sunroc, answered that the existing pit is close to being mined out. Karen questioned what the depth of the pit was now as well as the proposed depth. Bill answered that it is around 20 foot deep, and they would propose to keep it around 20 feet deep. Karen questioned if it was 20 feet deep or 50 foot deep. Bill stated he could not remember exactly what was proposed but that they want to extract all the aggregate that they can. Bill presented the proposed project giving background on Sunroc Corporation, Page 3 of 8 and how expanding the gravel pit and allowing a hot mix asphalt plant and concrete plant would be beneficial to the community. Karen questioned if Sunroc was planning on going the maximum of 50 feet deep, as it said in Form 10 dated in September 2007. Karen stated that Form 10 indicated ground water at the pit to be “120?” feet. Karen asked if they had hit ground water yet. Bill answered that they have not yet. Bill answered that they would like to have the possibility to go up to 50 feet deep. Karen questioned why they were requesting the hours of operation time change. Bill answered that the hours of operation would make it so that employees could get everything ready to be running by 8 am. Bill continued that they could make sure to not start crushing until 8am. Karen questioned about the exterior lighting plans. Bill answered that they could submit a Lighting Plan and comply with all lighting requirements the County has. Karen opened up the meeting for public comment asking for the public to not be repetitive of one another also stating that all letters received by the deadline have been reviewed. Robert read a letter, as requested by Jennifer Anderson. Jennifer Anderson’s letter opposed the project and included some history of the land, and stated some concerns including: adverse damage to the culvert, the proximity to homes, that a Batch Plant would be a new use and therefore not grandfathered in, hours of operation, heavy truck traffic, the need for berms, and the lack of required dust abatement. Jeff Hidman asked if there was a permit in place now for crushing. Robert answered that the State Air Quality has given a permit to Sunroc for crushing currently. Chad questioned if the state or Lincoln County allows crushing. Robert stated that the state permits it, and Lincoln County has not stated that it is not allowed. Jennifer Anderson gave further history on the gravel pit while stating that they were promised a setback of 1,000 feet from the disturbance of the pit. Jennifer Anderson stated she had some concerns with the Findings classifying the proposed project as a non-conforming use while the non-conforming language states that there is low impact. Julie Johnston opposed the project stating concerns with the heavy truck traffic, truck disturbance before 8am, and the issues with the culvert. Scott Henderson opposed the project stating that Sunroc did not have the County’s best interest in mind, that a gravel pit does not belong in a Rural Zone because it does not have low impact. LouAnn Henderson opposed the project stating that there is no enforcement, and that there were 342 violations made by Sunroc and its operation at various pits. Lou Ann Henderson stated that the trucks are starting to line up 6:30 am idling right now even though they do not start until 8am. Dennis Draney opposed the project stating that the harmful airborne matter would be detrimental to the community including the nearby school kids. Ted Wagner opposed the project by stating that the gravel pit is not cost economical, families will be affected adversely, and the adverse disturbance to the canal and culvert on the road. David Gorley opposed the project stating that he has concerns about inversion, and pollution occurring in Star Valley. LouAnn Henderson reiterated that the Petition that the 459 signatures are all opposed to the expansion as well as the hot mix plant. Chad questioned how these signatures were collected. LouAnn answered that it was collected on Facebook through Change.org. Julie Johnston opposed the project stating that she feels like her rights as a business owner are not being acknowledged. Lauren Chaston opposed the project stating that Sunroc has a toxic work culture, produces toxic air, and that the County as a whole would suffer. Scott Henderson opposed the project stating that the prior permit submitted to expand was tabled and then withdrawn due to the amount of opposition. Ted Wagner stated that the Canal that runs by the property does deposit into the Salt River. Kristin Merrell opposed the project stating that the gravel pit will not allow the community to maintain their rural lifestyle. Scott Henderson stated that he believes that Sunroc asked for more than they knew they would get in hopes of getting something. Chad questioned if the gravel pit could be stopped from expanding. Robert stated that the gravel pit was grandfathered in for the 10 acres currently being used. Austin stated that the gravel pit is allowed to continue given some conditions. Austin continued that the Wyoming Supreme Court case that deemed that it was obvious that a gravel pit would need to expand due to the fact that gravel is a diminishing asset. Austin explained the three-prong test that is used to address a non- conforming use. Austin stated that point 3 of the three prong test, adverse impact, could be a reason for denial. Chad questioned if the culvert is a County issue or a landowner issue. Robert stated that it is a private road so it is the responsibility of the owners. There was question on why the setback was 1,000 feet. Jennifer Anderson stated that due to opposition the compromise between the gravel pit and landowners was 1,000 feet. Amy stated that for a limited gravel mining DEQ requirements and County Land Use requirements used to be 1,000 feet, but when DEQ switched it to 300 feet the County did as well. Karen questioned how many gravel pits are in the County. Robert did not know the answer. An audience member said there are approximately 12 operational gravel pits. Karen questioned the 24th Condition of Approval and what it might be. Robert stated that the 24th Condition of Page 4 of 8 Approval would be to limit the pit to not haul more than 40,000 tons per year. Karen questioned the dust mitigation control packet included and if the community could speak on the effect of dust the pit makes at this time. Jennifer Anderson answered that the dust does roll across the field and from the trucks coming down the road. Julie Johnston stated that the crusher creates a lot of dust, and she has not witnessed the dust mitigation being taken care of like required. Karen questioned how the dust mitigation plan would be enforced. Tom questioned Condition of Approval item 15 and what constitutes an emergency to allow the pit to run after regular hours. Robert stated a 5-day notice would be given to the County for anything they deemed as an emergency, and the County would approve or deny the request on a case-by-case basis. Bill King gave examples of what they would deem as an emergency situation. Tom stated that he did not see why emergency situations such as those given would be allowed. Karen agreed. Karen questioned if we could limit the depth of the gravel pit. Austin stated that it could be part of the Conditions of the Conditional Use Permit. Austin added that if DEQ regulates the depth of the gravel pit then the County cannot. Amy stated that the DEQ regulates if there is groundwater. Chad made a motion to deny the project based on Findings of Denial A-D. No second. Motion failed. Tom made a motion to deny the asphalt and concrete plant based on Findings of Denial A-D. Pam seconded. Two approved and one opposed. Motion passed. Chad made a motion to deny the expansion of the gravel pit due to Findings of Approval A-D. No second. Motion failed. Karen questioned Robert if an asphalt plan and gravel pit with a crusher would constitute heavy industrial use. Robert answered yes. Chad made a motion to deny the expansion of the gravel pit based on Findings of Denial A-D. Tom seconded. Motion passed. Robert stated that the recommendation of denial from the Planning and Zoning Commissioners would be heard before the Board of County Commissioners May 3rd, 2023. VII. 102 MP 23 & 111 MA 23 Etna Village Estates Master Plan Phase II Robert presented the Project to the Commissioners. Robert explained that this Master Plan Application asks to modify the approved Master Plan 704 PZ 05 proposal. Robert gave background on the Master Plan stating that it was approved for a total 125 lots. Robert stated that Phase II was started and the first 5 lots were platted under permit # 208-MS-22 which leaves the remainder of Phase II to allow a total of 65 residential lots. Robert continued that the requested modification by the developer proposes to place 66 residential lots as opposed to 65 residential lots along with one utility lot in the remainder of Phase II. Robert stated that this proposal is not a substantive change in density; the current Master Plan approved 1.7 lots per acre, the proposed revised master plan requests 1.73 lots per acre. Robert stated that the Chapter 23 wastewater study was performed for 180 total lots when the original master plan was permitted and a non-adverse letter was provided by WYDEQ. Robert stated that the proposed subdivision would be serviced by the Etna Water District. Robert shared a letter that came from Sanderson Law Office and stated that to take into consideration the concerns in the letter, they would be asking for a 500-foot safe distance to fire a gun in the direction of the development for waterfowl hunting. There was correspondence from the Conservation District, Weed & Pest, and the State Engineers Office. Robert stated that Planning staff recommends that the Planning and Zoning Commission send a recommendation of approval to the Board of County Commissioners for File # 102-MP-23 a Master Plan and 111-MA-23 a Major Subdivision Preliminary Plat, with: Findings A. thru C., Conditions of Approval 1. thru 4., and recommendation for the Board Chairman to sign the Development Agreement. Chad questioned if the Etna Water and Sewer have provided a Will Serve letter. Robert answered that it should be included in the packet. Ryan Erickson, from Sunrise Engineering and representing the owners, went over some history and gave an overview on the project. Chad questioned where the project would gain access from. Ryan answered that there is one major access off of US Highway 89 with an emergency access onto Good Neighbor Lane. Karen questioned the snow removal plans with the high-density area. Ryan answered that the proposed density is not that high and within the Land Use Regulations. Tom asked when the Chapter 23 Wastewater Study was done and if there have been any significant regulation changes to the study since then. Ryan answered that it was done in 2005 and there were no significant regulation changes. Tom questioned if the septic systems may have a problem with the safe drinking water study. There was discussion on the Source Water Wellhead Protection Program from DEQ. Karen stated that a neighbor asked for a study to be made on the wetlands and the impact a development would have. Ryan answered that this is why we have the DEQ study to address that. Karl Scherbel, Etna Water and Sewer District Chair, spoke stating Page 5 of 8 that Etna Water District would provide water services to this project. James Sanderson shared some concerns that were not addressed in the Staff Report including how the County, with this project, would not be following the Comprehensive Plan when it comes to preserving open space. James stated that the surrounding use is recreational and having a high density near will start impeding on the recreation. Chad stated that because of having the Etna Water and Sewer District that this is where the County will see growth. Marlowe stated that this project has been in place for years, and that surrounding land owners bought knowing it was within a mixed zone. Dale Peterson, a neighbor, opposed stating that the proposed project is too dense especially for not having a centralized sewer system. Marlowe stated that there is legal access in place on Good Neighbor Lane, and the County was the one who required a crash gate on that access. Chad stated that for 128 lots, one access did not seem adequate. Ben Peterson opposed the project stating that he has hay and animals on the surrounding property, and is concerned with how the subdivision would affect his animals. Mary Peterson opposed the project stating that there is concern about the water and sewer as well as concern as the density of the project. Tom stated that what he was referring to previously is the Source Water Wellhead Protection Program from DEQ that was implemented in 2004. Tom continued stating that the DEQ made reports for all public water systems that contained maps and potential sources of contamination. Tom stated that he believes that this needs to be looked into. Karen asked Austin for his thoughts on what Tom stated. Austin stated that he did not have anything definitive, but believes that since DEQ was the entity who put the Source Water Wellhead Protection Program in place and also completed the DEQ study that they would be harmonious with each other. Karen stated that she is concerned about conserving the recreation lands and following the Comprehensive Plan. Karen continued stating that she would not be against tabling the project or denying it based on what has been stated. Robert stated that there is concern with conserving the Salt River, but if this Commission does decide to deny this project it would limit the Developers to adding the one additional lot, but they have a Master Plan for the rest of the lots. Chad shared his concern with the number of enhanced septic systems in this dense area. There was discussion on how long a Master Plan approval is good for. Austin stated that he believes there is not a condition of how long a Master Plan is good for. Tom questioned if these lots would be able to fit a house, septic tank, and all the setbacks. Chad made a motion to table the project to the May 24, 2023 Planning and Zoning Commission Meeting giving time for the County Attorney to check how long a Master Plan is good for, Planning Staff time to have a discussion with DEQ, and the applicant to discuss with the Etna Water and Sewer District. Pam seconded. Motion passed. VIII. 101 CUP 23 Etna Village Post Apartments Robert presented the Project to the Commission. Robert stated that the proposed project consists of 16 Residential apartments up to 2 stories each. Robert stated there would be a density of eight units per acre, and that 32 bedrooms have been included in the septic analysis. Robert stated that this project is proposed to be located on two 1.02 acre lots west of HWY 89 in Etna, Wyoming behind the Etna Trading Company. Robert continued, stating that the property is within the Mixed Use Zone and appropriate for high density housing. Robert stated that access is an existing loop road named Clearview Drive, and a looped driveway is proposed by the developer. Robert stated that public comment was received and addressed the concerns made by the public comment. Robert stated that Staff recommendation includes improving Clearview Drive to include 2 eleven-foot travel lanes with 1-foot shoulders and a pedestrian sidewalk. Robert stated that Planning staff recommends that the Planning & Zoning Commission send a recommendation of approval to the Board of County Commissioners for File #101 CUP 23, a proposal to establish four 4-unit apartment buildings, with Findings of Approval A through D and Conditions of Approval 1 through 11. Brett Bennett, representative, stated that creating affordable housing is important and the hopes of the land owner. Brett stated that they are building to regulations and a lot of thought has gone into the project including landscaping and buffers. Brett continued that they have a designated place for a play structure as well as areas where additional play structures can be placed. Chad questioned where the park area is going. Brett pointed out the area between two of the structures. Karen questioned what kind of lighting is proposed. Brett answered that whatever the Lincoln County Regulations require will be met. Chad questioned if the area has been cleared already. Brett answered that there has been some grading done but not related to the project. Chad questioned who provided the public comments. Robert answered that it was Karl Scherbel, who was in attendance. Tom questioned if the septic and the playground are located at Page 6 of 8 the same area, and questioned what the fall was between the two areas. Brett answered that the playground and septic systems will be next to each other, and that there is a 9% slope between the two. Tom questioned if all setbacks for the buildings and septic systems were met. Brett answered that Sunrise Engineering has looked over and ensured that they are met. Karl Scherbel stated that he is opposed to the project for several reasons. Karl continued that the notice stated that the project was a Conditional Use Permit and then tonight it was referred to as a Planned Unit Development. Karl stated that he requests that this project goes back to noticing and is noticed correctly as a Planned Unit Development and follows the regulations of a Planned Unit Development. Karl stated that this proposed project does not have the right to use the loop road of Clearview Lane, and that the property owners have the right to block access of this road due to the fact that these are private easement. Karl stated that this the densest development in Lincoln County, and they do not meet the Open Space requirements. Karl stated that he does not believe that there is adequate snow removal space. Karl stated that the entirety of Clearview Drive needs to be improved including the highway approach. Karl questioned if Darin Kaufman, who works for WYDOT, has been contacted. Robert stated that he has not. Karl stated that he contacted Darin Kaufman and there are things that need to be addressed. Karl stated that it does not have a loop road or a turnaround. Karl questioned the size of the playground and if it was adequate. Mr. Trennell stated that the highway access is a problem and it creates several dangerous situations that need to be addressed. Mr. Trennell also stated that he would like to see something a lot less dense for this area. Brett spoke that this project was asked to be placed in the County’s Queue as a Planned Unit Development. Brett stated that they have been in contact with the Fire Marshall. Brett stated that any emergency vehicles could use the road going around the property to turn around. Brett stated that half the property is 1-bedroom apartments and the other are 3-bedroom apartments. Brett stated that he has been in contact with Darin Kaufman and the property owner is willing to do what it takes to make the highway access better. Brett stated that they are following the regulations as written and meet the density requirement. Matthew Burtness, owner, stated that he is motivated to make this project work and if that includes getting a road agreement or anything else he is willing. Don Schneider opposed the project stating that the developer is trying to put too much for the area he owns. Chad stated that he appreciated all that was brought to the Commissions attention and questioned if the project does need to be re-noticed and tabled until then. Karen questioned if the Thayne Fire Chief was noticed. Robert stated that he was, but Staff hadn’t heard back. Tom stated that if this project does get tabled, he would like something that shows setbacks being met. Chad made a motion to table the project until May 24, 2023 and give the applicant time to resolve some issues brought up and have the project properly noticed. Tom seconded. Motion passed. IX. SKETCH PLANS a. Planned Unit Development, Alpine Trailhead Robert presented the Sketch Plan to the Commission. Robert stated that the project proposes to develop 105 units of market rate rental housing consisting of 3, 4 and 5-plex units on 15.93 acres of land in the Mixed Zone outside of Alpine. Robert stated that the proposed project has a density of 6.6 units an acre. Robert stated that there would be one access point with two emergency crash gate exits. Robert stated that there is a concern of snow storage areas, and the need to possibly eliminate Lots 12, 13 and 14 or Lots 15 and 16 to create a cul-de-sac for a turnaround. Robert stated that it does meet the open space requirements. Karen questioned how the ponds will be filled. Robert stated that the State would regulate how it will be filled. Chad questioned what kind of water and sewer was being proposed. Robert answered that they would be hooking on to Alpine’s Water and Sewer District. Chris Cave, representative, stated that they have met with WYDOT about accesses and will only be granted one access. Chris explained that if the ponds are not doable, it will just be more open green space. Chris explained the different features on the project including extra parking, sidewalks, buffers, private space for homes, and public space. Karen questioned if the extra parking spaces could be used for storing trailers. Chris explained that these would just be for storing trailers and not for people to reside in. Marlowe questioned why they would not annex into Alpine. Chris stated that the reason for this is because it is not directly touching the town of Alpine and therefore not allowed. Discussion followed about possible annexing. Karen stated that she believes that there may be some snow removal issues. Page 7 of 8 Chris questioned if there is any guidance or recommendations on the amount of snow removal needed. Amy answered that the County does not have anything at this time. Karen questioned the lighting of the community. Chris stated that they plan to do the dark night sky practices for the project. b. Major Subdivision. Vista Hills II Robert presented the Sketch Plan to the Commission. Robert stated that the proposed project would be for a Major Subdivision to subdivide 62.75 acres into twelve residential lots ranging in size from 4.14 to 6.26 acres. Robert stated that the average lot size will be 5.23 acres in the Rural Zone at a density of .19 units per acre. Robert stated that the lots will have access from County Road 116 and share a private subdivision road. Robert continued stating that each lot will have individual wells and individual septic systems. Robert stated that in the middle of the project is a subdivision, Vista Hills, that was already processed. Robert stated that the physical restraints of the land could be the East Side Canal that runs through the property. Chad shared concerns about building close to the canal. Amy questioned if the developer would consider placing building envelopes on the lots. X. OTHER PLANNING MATTERS Discussion about the open Planning and Zoning Commissioner position took place. Robert stated he presented the top 3 candidates for the position to the Board of County Commissioners and was waiting to hear back. ADJOURNMENT The meeting was adjourned at 11:09 P.M. Page 8 of 8 The minutes from the April 19th, 2023 Planning and Zoning Commission meeting were approved on the _____ day of _________________ , 2023. _____________________________________ _____________________________________ Chair Dated Director Dated 1 PRIVATE ROAD MAINTENANCE AGREEMENT This Private Road Maintenance Agreement (“Agreement”) dated as of the ___ day of ___________________ 2023, by and among the undersigned parties. WHEREAS, Clearview Drive is a private road situated in Lincoln County, Wyoming, in the vicinity of the townsite of Etna; and WHEREAS, the undersigned parties all enjoy access to their respective properties and Clearview Subdivision over and along Clearview Drive (“Clearview Drive”), being more particularly described in Exhibit A attached hereto, and depicted on the Plat attached hereto as Exhibit B; and WHEREAS, the Parties desire to enter into an Agreement regarding the contribution and sharing of plowing, maintenance, improvements, repair, and other costs related to Clearview Drive Clearview Drive; and WHEREAS, it is agreed that all of the Parties, as well as the current and future owners of properties accessed by, through, or along Clearview Drive will be subject to this Agreement. NOW THEREFORE, it is hereby agreed as follows: 1. TERM. This Agreement shall be perpetual, and shall encumber and run with the parcels, lots, and lands benefitted by Clearview Drive (“Benefitted Parcels”) for so long as Clearview Drive remains private. 2. PARTIES AND OWNERS BOUND. The undersigned Parties are bound by the terms of this Agreement. In addition, the current and future owners of the lot, lands, and parcels benefitted by Clearview Drive (“Owners”) are intended to be bound as well. The Parties and current Owners are described in Exhibit C attached hereto. 3. EXISTING EASEMENTS: The Parties acknowledge and confirm that Clearview Drive is subject to certain perpetual, non-exclusive ingress, egress, and other access and public utility easements of record. 4. ROAD MAINTENANCE: All Parties to this Agreement agree to be responsible for road maintenance and road improvements, and to undertake and make them whenever necessary to maintain the road in good operating condition at all times and to ensure safe access by emergency vehicles. 5. SNOW PLOWING: Clearview Drive shall be snowplowed so as to permit year- round access. The cost shall be shared by the Parties and owners of Benefitted Parcels as indicated below. 2 6. MAINTENANCE COSTS. Road maintenance, snowplowing, road repair, and road improvement costs shall be shared by the Parties as well as the current and future owners of the Benefitted Parcels on the following basis: Current Owner of Benefitted Parcel: Fraction of Costs: FA Holdings, LLC Matthew L. Burtness Brig Trunnel Neal K. Arguello Clearview Village Property Owners Association, and Clearview Village Subdivision Lots 1 through ____ 7. PAYMENTS. Payments for road maintenance, snowplowing, road repair, and road improvement costs shall be made to a road maintenance account jointly maintained by the Parties. Annually, on or before a date mutually agreed upon by the Parties, each Party shall contribute their share of the estimated annual cost for road maintenance, road improvements, and annual snow removal. The Parties shall give two-weeks notice prior to the due date of the annual payments due. 8. PARKING. For the safety of the residents, no machinery, trailers, vehicles or other property shall be stored or parked upon Clearview Drive. 9. EMERGENCY REPAIRS. The Parties have the authority to make emergency repairs as needed without further notice to the Owners sharing access to Clearview Drive. In such case, the Parties shall be notified after the repair of the cost and amount due from the Parties, as well as the reasons for making the emergency repairs. 10. EXTRAORDINARY REPAIRS AND CONSTRUCTION ACTIVITY. Specifically, with respect to construction activities taking place at any point in time in the future on an Owner’s property, if vehicle and truck traffic or any other construction activity being conducted by such Owner’s contractor(s) damages or degrades the quality of Clearview Drive, then such Owner shall be solely responsible for repairing any damage or extraordinary wear and tear along Clearview Drive. Such Owner shall restore Clearview Drive to its pre-construction activity condition as soon as reasonably possible both intermittently throughout the Owner’s construction activity, and upon completion of the same. 11. AMENDMENTS. This Agreement may be amended at any time by majority consent of all Parties. 12. GOVERNING LAW. The construction, interpretation, and enforcement of this 3 Agreement shall be governed by the laws of the State of Wyoming, without regard to its conflict of laws principles. 13. INUREMENT. The rights, duties, and obligations of the Parties contained in this Agreement shall inure to the benefit of the Owners and their respective successors and assigns, all of whom shall be fully bound and burdened by this Agreement. 14. ENFORCEMENT. This Agreement may be enforced by a majority of all Parties. If a dispute arises over any aspect of this Agreement, the dispute shall be first submitted to non- binding mediation, followed by binding arbitration in accordance with the Wyoming Arbitration Act. 15. NOTICE. Parties and Owners shall be notified by mail or in person. If an address of a Party or Owner is unknown, a certified notice will be mailed either to the address to which the Party’s or Owner’s property tax bills are sent or to the address of the Party’s or Owner’s principal office, if any. FA HOLDINGS, LLC, a Wyoming limited liability company: By: _________________________________ Printed Name: Title: STATE OF _____________ } } SS COUNTY OF ____________ } The foregoing instrument was acknowledged before me by _____________ on behalf of FA Holdings, LLC, a Wyoming limited liability company, on this _____ day of ______________ 2023. Witness my hand and official seal. My commission expires: ____________________________. ___________________________________ [s e a l] Notary Public 4 MATTHEW L. BURTNESS _________________________________ STATE OF _____________ } } SS COUNTY OF ____________ } The foregoing instrument was acknowledged before me by Matthew L. Burtness on this _____ day of ______________ 2023. Witness my hand and official seal. My commission expires: ____________________________. ____________________________________ [s e a l] Notary Public BRIG TRUNNEL _________________________________ STATE OF _____________ } } SS COUNTY OF ____________ } The foregoing instrument was acknowledged before me by Brig Trunnel on this _____ day of ______________ 2023. Witness my hand and official seal. My commission expires: ____________________________. ____________________________________ [s e a l] Notary Public 5 NEAL K. ARGUELLO _________________________________ STATE OF _____________ } } SS COUNTY OF ____________ } The foregoing instrument was acknowledged before me by Neal K. Arguello on this _____ day of ______________ 2023. Witness my hand and official seal. My commission expires: ____________________________. ____________________________________ [s e a l] Notary Public CLEARVIEW VILLAGE PROPERTY OWNERS ASSOCIATION, a Wyoming nonprofit corporation: By: _________________________________ Printed Name: Title: STATE OF _____________ } } SS COUNTY OF ____________ } The foregoing instrument was acknowledged before me by _____________ on behalf of Clearview Village Property Owners Association, a Wyoming nonprofit corporation, on this _____ day of ______________ 2023. Witness my hand and official seal. My commission expires: ____________________________. ___________________________________ [s e a l] Notary Public