HomeMy WebLinkAbout101 CUP 23 Etna Village Post Apartments
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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 AND ZONING COMMISSION RECOMMENDATION:
The Planning & Zoning Commission recommends 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 15.
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;
LINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS
STAFF REPORT
CONDITIONAL USE PERMIT
HEARING TIME AND DATE: 10:00 A.M., AUGUST 2, 2023
HEARING LOCATIONS: LINCOLN COUNTY COURTHOUSE KEMMERER,
WYOMING & VIA VIDEO CONFERENCE AT AFTON BRANCH OFFICE
FILE # 102 CUP 23
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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 (2) twelve-foot lanes and two (2) 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. This will include
sidewalks along the north side of Clearview Drive up to Hwy. 89.
13. Maintenance agreements for road maintenance and snow storage for Clearview Drive shall be entered
into with the Clearview Village residents.
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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. Require centering the 40' approach curb cut on the property line with ETC.
e. Require shifting (widen) alignment of Clearview Dr. north to minimize the
abrupt vehicle taper transition westbound.
f. The Developer will 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.
15. The Developer’s lease will prohibit tenants from accessing the Etna Village Post Apartments with
motorized vehicles over and across South Clearview Lane.
PLANNING STAFF RECOMMENDATION:
Planning staff recommended 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 and Conditions of Approval 1 through 14. Please find the
attached Recommended Findings of Fact and Conclusions of Law from the July 19, 2023 Planning and Zoning
Commission meeting.
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 eave
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 central to 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,
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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. July 19, 2023 PZC Findings of Facts
___________________________________________________________________
BACKGROUND:
A denser version of the apartment development proposal was 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.
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 from 7.84 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 Lots 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 26 feet including two
12-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.
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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 approach and reviewed
distances to public/private wells. Etna Water and Sewer has provided an intent to serve letter for this
development.
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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 found in the packet addresses buffering between
adjacent single-family, multi-family, and commercial uses. Trees 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.
Urban Design
Staff finds the functional and aesthetic characteristics of the proposed project positively affects the community.
The building massing has been downplayed from its original submission better relating to surrounding streets
and buildings. Architectural elements such as the slanting roofs provide for both a functional and visual
amenity. The façade containing covered decks and interesting window patterns helps to ensure attractiveness
and aesthetic appeal to the area.
CORRESPONDENCE:
Wyoming Department of Transportation: WYDOT has no objections but provided recommendations
relative to road improvements in the project area in a July 6, 2023 email to the Developer. 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
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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.
Star Valley Fire Chief: Did not comment.
Public Comment: Staff received communications from Karl Scherbel dated July 3, 2023.
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.
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$(71$9,//$*(326775$&7$1'75$&7&+(&.('%<_%(11(77_$//5,*+765(6(59('6$1'(5621$1'027=.863/$72)75$&76 (71$:<'5$:1%<_%(11(77&8368%0,77$/_$$6(71$9,//$*(3267_
5()(5726,7(3/$1)25%8,/',1*25,(17$7,216758&785()22735,17 *526664)7
$$')&$(:'$%:'$%('5220%('5220%('5220%('5220%('5220%('5220:+:++$//&/26(7&/26(70(&+&/26(7%$7+5220%$7+5220&/26(7%$7+5220&/26(7&/26(70(&++$//
/,1(2)522)$%9
81,7/(9(//,9,1* *526664)781,7/(9(//,9,1* *526664)7%$7+52206&$/(,1)((76&$/(
1257+5()5(9,6,216$).38=$).38= $01')/2253/$1
$(71$9,//$*(326775$&7$1'75$&7&+(&.('%<_%(11(77_$//5,*+765(6(59('6$1'(5621$1'027=.863/$72)75$&76 (71$:<'5$:1%<_%(11(77&8368%0,77$/_$$6(71$9,//$*(3267_
$7<3,&$/1')/2253/$1
5()(5726,7(3/$1)25%8,/',1*25,(17$7,21
:22'6,',1* 67$,1('0(7$/522),1* 3$,17('612:*8$5' 3$,17(':22'3267%($0 67$,1('0(7$/6,',1* 3$,17('0(7$/)$6&,$ 3$,17('
:22'6,',1* 67$,1(':22'3267%($0 67$,1('0(7$/6,',1* 3$,17('0(7$/)$6&,$ 3$,17('
:22'6,',1* 67$,1('0(7$/522),1* 3$,17('612:*8$5' 3$,17(':22'3267%($0 67$,1('0(7$/6,',1* 3$,17('0(7$/)$6&,$ 3$,17('
:22'6,',1* 67$,1('0(7$/522),1* 3$,17('612:*8$5' 3$,17(':22'3267%($0 67$,1('0(7$/6,',1* 3$,17('0(7$/)$6&,$ 3$,17('
$:(67(/(9$7,21
$($67(/(9$7,215(9,6,216$).38=$).38= $07<3,&$/(;7(5,25(/(9$7,216
$(71$9,//$*(326775$&7$1'75$&7&+(&.('%<_/$671$0(_$//5,*+765(6(59('6$1'(5621$1'027=.863/$72)75$&76 (71$:<'5$:1%<_/$671$0(&8368%0,77$/_$$6(71$9,//$*(3267_
$6287+(/(9$7,21
$1257+(/(9$7,21$6287+($673(563(&7,9(
5()(5726,7(3/$1)25%8,/',1*25,(17$7,216&$/(,1)((76&$/(
176
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
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
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.
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
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
7/12/23, 4:42 PM LINCOLN COUNTY WYOMING Mail - Etna Village Post: Project Submittal
https://mail.google.com/mail/u/0/?ik=f1e3f38f9b&view=pt&search=all&permthid=thread-f:1770691452091771976&simpl=msg-f:177069145209177197…1/2
Robert Davis <robert.davis@lincolncountywy.gov>
Etna Village Post: Project Submittal
2 messages
Brett Bennett <bbennett@alpinearchstudio.com>Thu, Jul 6, 2023 at 11:02 AM
To: "knield@starvalleycd.org" <knield@starvalleycd.org>
Cc: "Robert Davis (robert.davis@lincolncountywy.gov)" <robert.davis@lincolncountywy.gov>
Good morning Kay Lynn,
This is a follow up to my voicemail.
Lincoln County Planning has requested that we notify the Star Valley Conservation district regarding our Etna Village Post
planning application.
The proposal is for 12 apartments on 2.04 acres in Etna and just west of the Etna Trading Company.
Attached is a copy of our neighborhood plan. Please let me know if you need a copy of the entire submittal and if this
project is in an area that requires your comment.
Thank you,
Brett
Brett Bennett | Alpine Architectural Studio | PO Box 3975 Alpine, WY 83128 | 307-880-4280 |
bbennett@alpinearchstudio.com
Pages from 2023-06-07_ETNA VP_CUP DRAWINGS_ALT.pdf
354K
Brett Bennett <bbennett@alpinearchstudio.com>Tue, Jul 11, 2023 at 11:56 AM
To: Kay Lynn Nield <knield@starvalleycd.org>
Cc: "Robert Davis (robert.davis@lincolncountywy.gov)" <robert.davis@lincolncountywy.gov>
Robert,
Kay Lynn responded below asking if we are looking for a subdivision review application. Will the subdivision review
application handle our application or is there something different required. We have submitted a conditional use permit
7/12/23, 4:42 PM LINCOLN COUNTY WYOMING Mail - Etna Village Post: Project Submittal
https://mail.google.com/mail/u/0/?ik=f1e3f38f9b&view=pt&search=all&permthid=thread-f:1770691452091771976&simpl=msg-f:177069145209177197…2/2
application.
Thank you,
Brett
Brett Bennett | Alpine Architectural Studio | PO Box 3975 Alpine, WY 83128 | 307-880-4280 |
bbennett@alpinearchstudio.com
From: Kay Lynn Nield <knield@starvalleycd.org>
Sent: Tuesday, July 11, 2023 11:46 AM
To: Brett Bennett <bbennett@alpinearchstudio.com>
Subject: Re: Etna Village Post: Project Submittal
I will look at this. Do you need to submit a subdivision review application? Is that what the county wanted?
Kay Lynn Nield
District Manager
Star Valley Conservation District
61 E. 5th Ave.
PO Box 216
Afton, Wyoming 83110
307-885-7823
knield@starvalleycd.org
[Quoted text hidden]
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
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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.
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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
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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
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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