The URL can be used to link to this page

Home My WebLink AboutBCC Staff Report 103-MP-23 Etna North RV ParkLINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS STAFF REPORT Master Plan -Conditional Use Permit HEARING TIME AND DATE:10:00 a.m.,September 6,2023 LOCATION:Lincoln County Courthouse,Commissioner Boardroom 3rd Floor, Kemmerer,Wyoming &Via Video Conferencing Afton Branch Office Building,421 Jefferson St,Afton,Wyoming FILE #103-MP-23 APPLICANTS: Austin Development,Inc FILE No: 103-MP-23 ZONING:Mixed Use COMMUNITY PLAN AREA:Etna PROJECT NAME: Etna North RV Park -Master Plan Modification PLANNER:Emmett Mavy PIN:3519-022-00-332 _________________________________________________________________________________ PLANNING AND ZONING COMMISSION RECOMMENDATION: At the August 23,2023 meeting,the Planning &Zoning Commission sent a recommendation of APPROVAL to the Board of County Commissioners for File #103-MP-23,a proposal to modify the Master Plan,with: Findings of Approval A through D Conditions of Approval 1 through 10 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;b.Section III Economic Development,Goal A.Promote and assist in the development of commercial, recreational,and industrial activities. 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; 1/4 CONDITIONS OF APPROVAL: 1.This permit is to operate the uses outlined in the Master Plan 102-PZ-19 with modifications approved in this permit following the new site plan and clarification approved in this review. Significant alterations from the uses or layout described or a modification of structures from this permit shall require additional permitting. 2.Prior to occupancy of Phases II,III,IV a Wyoming DEQ UIC Sewer Permit,must be permitted and installed with copies of all permits submitted to Planning Staff. 3.Prior to occupancy of 16 or more spaces,an approved Wyoming DEQ Community Water System must be permitted and installed with copies of all permits submitted to Planning Staff. 4.The Applicant shall have a Large Construction SWPPP StormWater Pollution Prevention Plan onsite during construction approved by Wyoming DEQ. 5.An approved WYDOT Wyoming Department of Transportation Access permits shall be provided to Planning Staff prior to the occupancy of any phase. 6.A Wyoming State Fire Marshal Plan Review is Required and must be approved prior to occupancy of any phase. 7.Any phase of construction not completed within 2 years must obtain a Zoning &Development Permit prior to commencing construction of future phases. 8.The landscaping and buffering plan,laundry facilities,and showers must be completed prior to occupancy of each phase. 9.All lighting on the property must comply with the Lincoln County night sky Lighting Standards as set out in Chapter 6.10 Lighting (Including Exterior Lighting and Glare).This includes all lighting must be shielded and bulbs not visible from HWY 89 or from neighboring properties. 10.Improve Connormans Lane to county subdivision road standards from HWY 89 to the entrance of the RV Park prior to occupancy. _________________________________________________________________________________ PLANNING STAFF RECOMMENDATION: At the August 23,2023 Planning and Zoning Commission meeting,Planning Staff recommended that the Planning &Zoning Commission send a recommendation of APPROVAL to the Board of County Commissioners for File #103-MP-23,a proposal to modify the Master Plan,with the same Findings of Approval and Conditions of Approval. _________________________________________________________________________________ 2/4 PROPOSAL FILE No: 103-MP-23 is a Master Plan Modification request for the RV Park section as part of a 92.37-acre Master Plan File #102-PZ-19.This modification is requesting confirmation for the east 24 of 50 RV spaces to be used as year-round use.It is also requesting to allow RV’s,Campers,Park Models,and Tiny Homes on the 24 spaces in the east half of the RV Park.This modification is also finalizing the RV Park layout,site plan,phasing schedule,buffering,and landscaping plan for the RV park section of the Master Plan.This request is not affecting any part of the Master Plan outside of the RV Park. LOCATION: 2.5 miles northwest of the Town of Star Valley Ranch,Wyoming in Section 2,T35N R119W. _________________________________________________________________________________ EXHIBITS: 1.Vicinity Map 2.Site Plan 3.Project Narrative and Request 4.Correspondence 5.Additional Materials _________________________________________________________________________________ BACKGROUND: This RV Park was permitted under a Conditional Use Permit 102-PZ-19 as part of the Etna North Master Plan approved July 3,2019.The Master Plan included 31 lots of different uses,single family, multi-family,and commercial uses covering 92+/-acres that had been rezoned to Mixed Use . Based on the request for spaces to be used for RV’s,Campers,Park Models,and Tiny Homes,staff feel it is important to define these uses for a clear understanding of what is being proposed. The Land Use Regulations define RV’s “Recreational Vehicles”as follows: Recreational Vehicle -An automobile,travel trailer,camp-car,camper,bus,motor home,tent-trailers,or other vehicular or portable unit,with or without motive power,designed and constructed for travel and intended for human occupancy as temporary living quarters for recreational,vacation or travel purposes. For extra clarification: Planning Staff is defining a Camper as a towable version of an RV that is street legal,registered as a motor vehicle trailer,and does not require oversize load or other permitting to travel on state highways. Planning Staff is defining a Park Model RV as either a “RVIA Certified Park Model”home or a home built to “ASNI A119.5 Park Model RV Standards”2020 edition or newer.This standard limits size to 400 square feet or less,and under 8.5’wide during travel. 3/4 Planning Staff is defining a Tiny Home,as a home less than 400 square feet and built to IRC 2018 (or newer)APPENDIX Q Tiny Houses Standards.This is essentially a tiny stick built home,(onsite or offsite)and set up for long term use. The Requested RV Park Phasing: ●Phase I –Spaces 1-12 with landscaping to the west of the RV sites. ●Phase II –Spaces 13-24 with landscaping to the east of the RV sites. ●Phase III –Spaces 25-37 with landscaping to the west of the RV sites. ●Phase IV –Spaces 38-50 with landscaping to the east of the RV sites and east side of US Highway 89 The west part (Phase III &IV)on Lot 19 consists of 26 RV spaces and will be used for Recreational Vehicles in the summer months (April through November). CORRESPONDENCE: Wyoming Department of Transportation: WYDOT has no objections to the proposed master plan modification. The pending US 89,access permit conditions &construction by the applicant remains applicable WYDOT requests from the applicant to provide an updated site plan to update our files. Staff Notes:US 89 where this access has been widened to 5-lanes. Thayne Fire Chief:Did not comment. Public Comment:The neighbor to the northeast Julie Johnson called and commented that she believes she will be impacted by the view of the RV Park.She says she can see everything that goes on from her property.She spoke at the planning and Zoning Commission meeting and hoped for rules against storing extra trailers and toys within the RV park. 4/4 £¤89 Star Valley Ranch 20 07 0506 19 18 08 17 0204 15 21 12 14 10 13 09 11 16 03 242223 01 35N 118W35N 119W³±111 Hawk'sRes t RoadBlack Canyon Road Black Creek RoadConestoga Road Rock Farm Road £¤89BEDFORD LLC ALLRED, LAEL L & CHRISTINAK TRUSTEES CORSI,JAMES M OUTHOUSE PROPERTIES2, LLC JUDGE, STEPHEN W ROBERTS, JAMES S & LESLIE A JUDGE, THOMAS M.& LEE ELLEN FREEDOM BEEFCOMPANY, LLC RASKA, LEON J& SHEREE L COUGAR RANCH LTD. FIVECRAZY KIDS, LLC AUSTINDEVELOPMENT, INC. OX YOKE B LLC COUGAR RANCH LTD. SUNROC CORPORATION OX YOKE B LLC OX YOKE B LLC COUGAR RANCH LMTDOX YOKE B LLC OX YOKE B LLC JOHNSTON,JULIA L TROMPETER,BARBARA A WHEATLEY,LILA B WHEELER PROPERTIES,LLC ANDERSON, SCOTT G &JENNIFER A CHASON,KAREN J CHASON,HUBERT L & LISA F FIVE CRAZY KIDS, LLC OX YOKE B LLC AUSTINDEVELOPMENT, INC. GUSLANDERS, LLC ROBINSON, THOMAS J PETERSEN, DALE PETERSEN, DALE OLVERA, SANDY ETAL ROBERTS,JAMES C & SHARRI L CORSI, JAMES M AUSTIN DEVELOPMENT,INC. AUSTIN DEVELOPMENT, INC. AUSTINDEVELOPMENT, INC. AUSTIN DEVELOPMENT, INC. AUSTIN DEVELOPMENT,INC.AUSTIN DEVELOPMENT, INC. O & O HOLDINGS LLC PAPI, ALISSA &ASHTON ALLRED, LAEL L & CHRISTINA KTRUSTEES RASKA, LEON J & SHEREE L MOWERS,TANNER & RACHELLE WSP PARTNERSLLCWSPPARTNERS LLC BROKE'N SADDLERANCH, LLC BROKE'N SADDLE RANCH, LLC FIEBKE,JACOB PW.E.B.INDUSTRIES, LLC HORNUNG,JAMEY H & DINA L MEYER, RYAN SUTTON CINDY D TRUSTEE ETAL KENNY, SHANNON E ETAL RAVER, DANIELLE I TRUSTEE WSP PARTNERSLLC HIGGINS, TIMOTHY E & MONICACONTRERAS TGH INDUSTRIES, LLC SALT RIVER DEVELOPMENT, LLCOLIVER, BARBARAM TRUSTEE, ETALROSA INVESTMENTS, LLC GIECK, DAVID S & ELIZABETH L NETHERCOTT, LEROY B OLVERA,MARIA MONARCH RANCH, LLC PARK, MARVIN& RAYOLA TRUSTEES CLINE,TIMOTHY F GIECK, DAVID S & ELIZABETH L ROSA INVESTMENTS, LLC SOLIDCONCRETE LLC OTTOBRE, ANTHONY A & JANELL MSAVARESE, PAIGETOPP, CECIL O & DENISE S UNDERWOOD CONSTRUCTION SERVICES, INC Maxar Master Plan/Conditional Use Application US Highways WY Highways Projects Public Noticing Township & Range Sections Municipalities 103 MP 23 Etna North RV - Master Plan Modification Austin Development, Inc., c/o Bill Neeb Prepared using available data by Destry Dearden, on 31 July 2023. Map is for informational purposes only and in no way represents an official survey of land. Statement to Accompany Conditional Use Permit Application For Clarification of Approved Conditional Use Permit (Master Plan) File No. 102 PZ 19 A Conditional Use Permit Application was approved on 3 July 2019 for a Master Plan of a Recreational Vehicle Park (50 spaces) and thirty-one lots (mixture of multi-family, single family and commercial). The conditions of approval were as follows: • The applicant shall locate RV Park on the property to the north of Dec Road. • RV campers shall only be used from April through November of any year. • Limit park to 50 maximum lots with summer campers in front half only. • Limit commercial uses to those where retail is incidental to substantial use of building or lot. • Landscaping and park rules to be in place prior to operation of RV Park. The applicant would like to clarify the conditions of approval of File No. 102 PZ 19 with the filing of this Conditional Use Permit. The Recreational Vehicle Park has been designed into two (2) parts. The west part consists of 26 RV spaces and will be used for Recreational Vehicles in the summer months (April through November). The east part consist of 24 RV spaces and will be used for year-round long term rentals consisting of either a Recreational Vehicle, Campers, RV Park Model Home or Tiny Home The Recreational Vehicle Park will be developed in phases as follows: Phase I – Spaces 1-12 with landscaping to the west of the RV sites. Phase II – Spaces 13-24 with landscaping to the east of the RV sites. Phase III – Spaces 25-37 with landscaping to the west of the RV sites. Phase IV – Spaces 38-50 with landscaping to the east of the RV sites and east side of US Highway 89 Landscaping Plan for Etna North RV Park A buffer along US Highway 89 will consist of a berm two (2) feet high with grades not to exceed 3:1. A cluster of three (3) trees will be planted with a spacing of 25 feet between each cluster. The species to be used for planting will be pines, aspens and canada reds. The following landscaping plan will be followed for the interior common area of the RV Park. 1st Phase – Landscaping is completed – see attached picture. 2nd, 3rd and 4th Phase – Landscscaping will consist of clusters of two – four trees in various locations. The species to be used for planting will be pines, aspens and canada reds. Austin Development 108577 Hwy 89 | PO Box 5211 Etna, WY 83118 307.883.4943 ___________________________________________________________________________________ RV Rental Agreement Tenants Name(s):_____________________________________________________________ Billing Address ______________________City __________ State _______ Zip _________ Phone Number _________________________________________ Email Address _________________________________________ RV Space # ______________Lower Valley Energy Meter Number _____________ Term: From __________________ to __________________ Long Term Rentals Only Rent: $____________ per month. Deposit amount $_______________ TERMS: RESIDENT agrees to pay in advance $750.00 per month on the first day of each month by direct bank transfer. Agreement shall commence on _____________ until _____________ if RESIDENT should move from the premises prior to the expiration of this time period, he/she shall be liable for all rent due until such time that the residence is occupied by OWNER approved paying RESIDENT and/or expiration of said time period, whichever is shorter. 2. PAYMENTS: Rent and/or other charges are to be paid by ACH direct bank transfer to Austin Development at the Bank of Star Valley. Austin Development agrees to draft the set amount of $750.00 on the first day of each month on a reoccurring basis for the specified terms of this agreement. The RESIDENT agrees to maintain enough funds in this account so that the transfer does not bounce. If the ACH transfer bounces, Austin Development reserves the right to terminate this agreement. The RESIDENT has provided the following account information for the Austin Development to withdraw funds in the manner described above: Routing number: _____________________ Account number: ________________________ The above tenant agrees to the rules below; No Large group activities to be held at RV park. Deposit may be refunded if premises is left in good condition. No trailers that are older then 2010. RESIDENT shall deposit all garbage and waste in a clean and sanitary manner into the proper receptacles and shall cooperate in keeping the garbage area neat and clean. RESIDENT shall be responsible for disposing of items of such size and nature as are not normally acceptable by the garbage hauler. To preserve the longevity of our septic system, please dispose of feminine hygiene products in the garbage, not in the toilet. You may have a grill onsite but no open camp fires. TRASH: Must be in a bag and tied before putting it into the dumpster. UTILITIES: The OWNER will provide trash pick up service as well as septic and water utilities. The RESIDENT will be responsible for payment to Lower Valley Energy for electric utilities. PETS: RESIDENT is allowed to have one pet per lot including pets who reside in cages or aquariums. Livestock and poultry including but not limited to pigs, goats, sheep, cattle, horses, chickens, turkeys and guinea foul are prohibited. Pets are never to be left unattended outside or in the common areas of the property. RESIDENT is responsible for removal of pet waste in outdoor areas of the property. The RESIDENT is solely responsible for the pet, any aggressive, nuisance and destructive behavior may be terms for termination of this agreement at the discretion of the owner. Companion animals (Cats, dogs) must be vaccinated against rabies, unless at the direction of a Veterinarian. Written documentation must be provided by the OWNER of pet(s) rabies vaccination history by either vaccination certificate or written verification of vaccination history by veterinary professional. Pets must be leashed at all times. SMOKING/ILLEGAL DRUGS: Smoking is allowed, butts should be disposed of in a fire safe container to reduce potential for uncontained sparks. Use of illegal drugs on the premises is prohibited and will be grounds for termination of this agreement. FIREARMS: Firearms are allowed on premises for storage as personal property. Use and restrictions shall be governed by Wyoming state and federal law. No firearms are to be discharged on premises for recreation, or any other reason, due to proximity of other dwellings and populated areas. Any possession of an illegal firearm is strictly prohibited and will be grounds for termination of this agreement. Children are welcome at the RV Park, please make sure they are supervised at all times, and they are courteous of other tenants. Quiet time is 10:00 pm – 6:00 Am. No generators and no loud music. Offensive parties may be cited and/or Evicted. You are allowed 1 Vehicle per spot. Please park directly in front of you RV, on the gravel areas. Use of water to wash vehicles and water crafts are prohibited. Do not hang laundry (clothes) on or around the RV. HOUSE RULES: OWNER may from time to time establish house rules to protect the property and to ensure the enjoyment of the premises by other tenants. Such house rules shall be established at the sole discretion of the OWNER. RESIDENT shall comply will all such house rules, which are deemed part of this rental agreement. A violation of any of the house rules is considered a breach of this agreement. I have read, understand and agree to the rules. We assume no responsibility whatever for private property left in the RV park. We are also hereby released and discharged from any and all liability for loss, injury or damage to person or property which may be sustained during the term of this agreement. RESIDENT 1 NAME (Printed): ____________________________________________________________ RESIDENT 1 SIGNATURE: ____________________________________ Date:___________________ RESIDENT 2 NAME (Printed): ____________________________________________________________ RESIDENT 2 SIGNATURE: ____________________________________ Date:_________________ RV AGENT: _______________________________________ Date:___________________ GREEN TAB RED TAB RED TAB ISSUES The main issues affecting this proposal include adding the uses of “Park Model”or “Tiny Home”to the back half of the RV Park. Planning Staff is defining a Park Model RV as either a “RVIA Certified Park Model”home or a home built to “ASNI A119.5 Park Model RV Standards”2020 edition or newer.This standard limits size to 400 square feet or less,and under 8.5’wide during travel. Planning Staff is defining a Tiny Home,as a home less than 400 square feet and built to IRC 2018 (or newer)APPENDIX Q Tiny Houses Standards.This is essentially a tiny stick built home,(onsite or offsite)and set up for long term use. Staff Comments /Background: Staff feel these uses add the flexibility to provide workforce housing to the RV Park,which is the intended goal of the developer. Buffering and landscaping of the project is proposed along HWY 89 and throughout each phase, but not along the eastern edge.This is because there are more stages of this master plan that will eventually buffer the neighbors to the east. Public Comment There was not a lot of opposition to the added uses.There was concern from the public about these residences storing extra trailers and toys within the RV Park and it becoming an eye sore. Julie Johnson spoke out about being close enough to see everything going in and would like buffering on the east side of the park. BEFORE THE BOARD OF COUNTY COMMISSIONERS LINCOLN COUNTY, WYOMING In the Matter of Master Plan Request for Conditional Use Permit Application File No. 102 PZ 19 FINAL DETERMINATION THIS MATTER having come before the Board of County Commissioners on the 3rd day of July. 2019 for a Conditional Use Permit Application. The Board of County Commissioners have reviewed the application, the Staff Report by the Planning Office, and heard any relevant evidence from the applicant, neighbors, governmental agencies, and other concerned citizens regarding the project. The Board of County Commissioners hereby make the following: FINDINGS OF FACT This is a Conditional Use Permit for a Master Plan on 92 +/- acres to be completed in three (3) phases. Phase I will include a Recreational Vehicle (RV) Park on proposed Lot 3 designed with approximately 63 spaces, a service building (approximately 1,800 sq. ft. and 15 ft. in height), and an office building (approximately 1,000 sq. ft. and 15 ft. in height). The platting of Lots 2, 4, 5, 10-13, 17-20 will be included in phase I — these lots are proposed for commercial and/or multi- family uses. Phase II would be platting of Lots 1, 6-9, 14-16, 21-22 which are proposed for multi-family or single family uses. Phase III will include platting of Lots 23-32 which are also proposed for multi-family or single-family uses. With the approximately 63 RV spaces and 31 lots, for a total of 94 spaces/lots, it would be an average density of 1.0 space/lot per acre. The project is located approximately 1.0 mile Etna Community Area in the SW 1/4NW 1/4 and the NW 1/4SW 1/4 of Section 2, Township 35 North, Range 119 West, with a current existing access from US Highway 89 via the Dec Subdivision Road and Rock Farm Road. The project is in Township 35 North, Range 119 West, Section 2 in the 6`h Principle Meridian, Lincoln County, Wyoming. BACKGROUND: At the May 29, 2019 Planning and Zoning Commission Meeting, the applicant's representative Marlowe Scherbel, with Surveyor Scherbel, Ltd., noted maybe could move the RV park. Julie Johnston, an adjacent neighbor, also spoke to the commission regarding her letter that she submitted including the location of the RV park. Bill Neeb also spoke to the commissioners about possibly moving the RV Park. CORRESPONDENCE: WYDOT Traffic Engineer, Darin Kaufman, P.E., PTOE, has commented about the project. He has pointed out the requirement to permit the change of use for proposed highway accesses. Mark Baron, WYDEQ Southwest District Engineer, noted that the water and sewer main construction that will serve the Austin Development Proposed Recreational Vehicle Park, commercial lots, multi family lots and single family residential lots on 92+1- acres will require Permits to Construct from the Wyoming Department of Environmental Quality(WYDEQ). All Septic Systems with sewage flows of 2000 gallons per day or greater that are under single ownership will require a Permit from the Under Ground Injection Control (UIC) Program. Julie Johnston, an adjacent neighbor, which she is opposed to but submitted comments, suggestions and ideas regarding the proposal. Scott and Jennifer Anderson have commented on the proposal. They live along the eastern reach of Rock Farm Road. They have concerns about the location and design of the RV Park. They have fewer concerns about the residential areas in the proposal. PLANNING & ZONING COMMISSION RECOMMENDATION: At the May 29, 2019 meeting, Planning and Zoning Commission sent a recommendation of APPROVAL to the Board of County Commissioners for File# 102 PZ 19, a Conditional Use Permit Application, with: Findings A. thru D. Conditions of Approval 1. thru 6. 4 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 project is consistent with the standards of the Land Use Regulations and the goals and objectives of the Comprehensive Plan, specifically: a. The commercial and multi-family areas of the master plan are consistent with the Planning and Zoning Commission's recommended rezoning from Rural Zone to Mixed Zone; b. The project application has followed procedures for Land Use Regulations Chapter 3 Conditional Use proposals for project description and for timely application and noticing. C. The project will not substantially impair the appropriate use of neighboring property with conditions and will serve the public need, convenience and welfare. D. The use, with conditions, is designed to be compatible with adjacent land uses and the area of its location. CONDITIONS OF APPROVAL: 1. The applicant shall locate RV Park on the property to the north of Dec Road. 2. RV campers shall only be used from April through November of any year. 3. Limit Park to 50 maximum lots with summer campers in front half only. 4. Limit commercial uses to those where retail is incidental to substantial use of building or lot. 5. Landscaping and Park Rules to be in place prior to operation of RV Park. 6. Modify site plan before Board of County Commissioners meeting with new RV Park location, landscaping and possible storage sheds locations. CONCLUSIONS OF LAW This Conditional Use Applicati IS IS NOT CONSISTENT with the following required findings of the Lincoln County Lan Use Regulations and Comprehensive Plan: the proposed Conditional U e IS OT consistent with the standards of the Lincoln County Land Use Regulations d .IS / S NOT consistent with the goals and objectives of the Lincoln County Comprehens e Plan. hThe proposed Conditional Use WIL Wi NO ! substantially impair the appropriate use of neighboring property; and IL /WILL NOT serve the public need,convenience and welfare. The proposed Conditional Us IS NOT designed to be compatible with adjacent land uses and the area of its location. Now, therefore, based on these findings, the Board of County Commissioners takes the following action: aApprove the Conditional Use Permit application with the conditions and with required findings, as noted; Approve the Conditional Use Permit application subject to conditions and findings as the Board deems necessary; / cf / A S J Q n 1> Deny the Conditional Use Permit application stating findings in support of the action; or Table the Conditional Use Permit application and direct the Applicant / Planning Staff to take specific steps to bring the application into conformance with the standards and the policies of the Land Use Regulations, and the goals and objectives of the Comprehensive Plan. The Chairman shall set a specific date when the application is to be heard again. DETERMINED this 3rd day of July , 2019. Kent Co -lly, Chair CERTIFICATE OF MAILING acctshereby certify that on the :i day of 2019, I caused a true and correct copy of the foregoing Final Determination to be served by depositing the same in the United States mail, duly enveloped, postage prepaid, addressed to: Austin Development Inc. c/o Bill Neeb P.O. Box 5211 Etna, WY 83118 cam Corey Roberts