HomeMy WebLinkAboutCombined Staff Report 101-PZ-23 LUR Changesemavy6LINCOLN COUNTY PLANNING AND ZONING
COMMISSION
STAFF REPORT
Rezone Petition Conditional Use Application
HEARING TIME AND DATE:7:00 p.m.April 25,2007
LOCATION:Cokeville,Wyoming
FILE #:603 PZ 07 and 108 PZ 07
APPLICANT:Lincoln County Planning &Development Office,Board of County Commissioners
PROJECT:LUR Amendment -Modification to Chapters 4.3 &6.2
PLANNER:Emmett Mavy
PLAN AREAS:All Plan Areas
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PROPOSAL:
File #101 PZ 23 is a Proposed Amendment to the Lincoln County Land Use Regulations to Modify
Chapter 4.3 &6.2 with changes Added in BLUE,and changes Deleted in RED.
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PLANNING STAFF RECOMMENDATION:
The Lincoln County Planning &Development Office recommend that the Planning and Zoning
Commission send a recommendation of APPROVAL to the Board of County Commissioners for File #
101-PZ-23 a Plan Amendment to amend chapters 4.3 &6.2,with:
●Findings of Approval A thru D.
●Resolution of Approval
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FINDINGS OF APPROVAL:
A.The proposal is consistent with the provisions of W.S.18-5-305 for the adoption and
implementation of county subdivision regulations,specifically:
a.Required public notice of 30 days in accordance with county planning statutes and with
Appellate Procedure Act.
B.The proposal is consistent with the goals and objectives of the Lincoln County Comprehensive
Plan,specifically:
a.Objective 1.Create Land Use Regulations that promote the responsible and orderly
development of Lincoln County,whereas the proposed language will provide specific
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guidance to municipal governments regarding subdivision impact review and will provide
additional time for those governments to provide written comments.The new process will
create a more consistent interaction between the county government and municipal
governments to provide facts for county decision makers.
C.The proposal is consistent with the procedures outlined in Lincoln County Land Use Regulations
Chapter One for the adoption of amendments,specifically regarding the noticing of plan
amendment and rezone proposals.
D.The proposal is consistent with the provisions of W.S.18-5-202 for the adoption and amendment
of a county comprehensive plan.
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PROPOSED CHANGE #1
BACKGROUND:
The Wyoming Legislature recently passed W.S.18-5-319 Fencing requirements for subdivision
permits.Along with a modification to W.S.18-5-306.This new state law would make fencing a
subdivision perimeter a requirement if the subdivision did not already have a legal fence,and livestock
can be legally run at large.The law allows neighboring property owners to waive this requirement.The
law also allows Counties to Exempt Subdivisions with less than 6 lots.The Planning Department
proposes to exempt Simple and Minor Subdivisions from this State Requirement as allowed by the new
law.
PROPOSED CHANGES ARE LISTED IN BLUE &UNDERLINED
4.3 Subdivision Permit Required
Wyoming State Statute (see Appendix K)enables the Lincoln County Commissioners,by rule,to exempt
from any portion of section (see Appendix K)the subdivision of one (1)to five (5)units of land.
It is the desire of the Lincoln County Planning and Zoning Commission and the Board of County
Commissioners to exempt,by rule,from the provisions outlined in W.S.(see Appendix K),and to classify
subdivisions into three (3)distinct types to include a “Simple”,a “Minor”and a “Major”subdivision.
By these regulations,a Simple subdivision will consist of 1-2 units of land created after May 5,2005 that
are not otherwise exempted by W.S.(see Appendix K).A Simple Subdivision shall be exempt from some
of the requirements established in W.S.(see Appendix k),and will follow the process outlined for Simple
Subdivision procedures in these regulations.
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These The requirements waived for Simple Subdivisions include the following:requirements:
Engineered Water and Sewer Study;
Publication of Intent to Subdivide;
Filing of Irrigation Redistribution Plan with State Engineer;
Sixty (60)Day Advance Notification of Irrigation Interests Provided that Notification Occurs
Prior to County Application;
Creation of Management Entity for Road,Water and Common Area Assessment;
Collection Unless Served by Existing Private Road or Water Supply Systems.
Wyoming Subdivision Fencing Requirement
By these regulations,a Minor subdivision will consist of 3-5 units of land created since July 1,
2001,that are not otherwise exempted by W.S.(see Appendix K).A Minor subdivision shall be
exempt from the requirements established in W.S.(see Appendix K),and will follow the process
outlined for Minor subdivision procedures in Section 4.6.This includes the following requirement:
The requirements waived for Minor Subdivisions include the following:
Engineered Water and Sewer Study
Wyoming Subdivision Fencing Requirement
The third type of subdivision is termed a “Major”subdivision and consists of 6 or more units of
land that are not otherwise exempted by W.S.(see Appendix K).A Major subdivision will require
full compliance with the W.S.Real Estate Subdivision Act (see Appendix K)and the procedures
outlined in the “Major Subdivision Procedure”section of this chapter.
Subdivision means the creation or division of a lot,tracts,parcel or other unit of land for the
immediate or future purpose of sale,building development or development,for residential,
recreational,industrial,commercial or public uses.
No person shall subdivide land located in the un-incorporated area of Lincoln County,or
commence construction of a subdivision without securing a subdivision permit in the manner
prescribed in these Subdivision Regulations.Such subdivision permit shall be signed by the Board
of County Commissioners indicating approval of the subdivision.No subdivision permit shall be
issued unless and until the requirements of these Subdivision Regulations have been complied
with.A subdivision permit may be transferred upon sale of the subdivision.Unless the method of
sale or other disposition is adopted for the purpose of evading the provisions of these Subdivision
Regulations,these Subdivision Regulations shall not apply to the following divisions of land,
however,the following divisions are subject to requirements which may be adopted by the Board
of County Commissioners regarding documentation of the proper use and implementation of the
following exemptions:
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A.A division of land made outside of platted subdivisions for the purpose of a single gift or
sale to a member of the landowner’s immediate family,subject to the following
requirements:
1.A member of the immediate family is limited to any person who is a natural or
adopted child,stepchild,spouse,sibling,grandchild,grandparents or parent of the
landowner;
2.The purpose of the division is to provide for housing,business or agricultural needs
of the grantee;
3.The land shall have been titled in the name of the grantor,for a combined period of
no less than ten (10)years prior to the divisions and parcels created under this
paragraph shall be titled in the name of the immediate family member for whom
the division is made for a period of not less than five (5)years unless such parcels
are subject to involuntary transfer including,but not limited to,foreclosure,death,
judicial sale,condemnation or bankruptcy;
4.No parcel smaller than five (5)acres created under this paragraph shall be further
divided unless the owner obtains a subdivision permit pursuant to W.S.(18-5-304 -
See Appendix K).
5.Where the landowner is a business entity and eighty percent (80%)of the
ownership interest or shares in the business entity are held by individuals related by
blood or
marriage,the sale or gift may be made subject to the provisions of this section to an
immediate family member of any shareholder who has owned at least five percent
(5%)of the outstanding shares for at least five (5)years continuously before the
date of the sale or gift.
6.Lots created according to this provision shall comply with Table 6.1 Residential
Density Table of these Land Use Regulations and a plat shall be prepared and
approved according to the provision of Sections 3.4.B.and 4.3.A.of these Land
Use Regulations.
a.Approved plat shall be recorded by the Lincoln County Clerk’s Office
within 30 days of approval by the Board of COunty Commissioners;further,
all land conveyances shall be filed with the Lincoln County Clerk’s Office
either before or concurrent with plat recording.
b.A division which may be created by any court of this state pursuant to the
law of eminent domain,by operation of law or by order of any court in the
state;
c.A division which is created by a lien,mortgage,deed of trust or any other
security instrument,easements and rights-of-way;
d.Lands located within the incorporated cities and towns;
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e.A division which is created by the sale or other disposition of land to the
State of Wyoming or any political subdivision thereof;
f.A division which affects railroad rights-of-way;and
g.A division which is a sale or other disposition of land for agricultural
purposes or affects the alignment of property lines for agricultural purposes;
h.A division which is created by boundary line adjustments where the parcel
subject of the sale or other disposition is adjacent to and merged with other
land owned by the grantee;
i.A division which creates cemetery lots;
j.A division which is created by the acquisition of an interest in land in the
name of the husband and wife or other persons in joint tenancy or as tenants
in common,and the interest shall be deemed for purposes of this subsection
as only one (1)interest;
k.A division which is the sale or other disposition of land where the parcels
involved are thirty-five (35)acres or large,subject to the requirement that
ingress and egress and utility easements shall be provided to each parcel by
binding and recordable easements of not less than forty (40)feet in width to
a public road unless specifically waived by the grantee or transferee in a
binding and recorded document.
l.A division of land creating a parcel five (5)acres or less for the purpose of
establishing unmanned communication facilities,compressor stations,
metering stations,fiber optic booster stations or similar unmanned facilities.
m.The sale or disposition of separate parcels of land that were separate when
lawfully created or conveyed and which have not been combined by a
recorded instrument of conveyance signed by all of the owners.
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PROPOSED CHANGE #2
BACKGROUND:
Planning Staff believe it should be the responsibility of the property owner to install road signs when
needed.The proposed change in the regulations is to shift the installation from the County to the
landowner.
PROPOSED CHANGES ARE LISTED IN BLUE &UNDERLINED and DELETED SECTION IN RED
and UNDERLINED
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6.2 Addressing System
A.The Office of Planning and Engineering,with Lincoln County E.M.S and the Lincoln County
Sheriff's Office,have responsibility to maintain a system for the assignment of physical addresses
for the unincorporated areas of Lincoln County.This includes the organization of road maps and
road names.
B.When a development permit is approved,a rural address number will be assigned and posted by
the Office of Planning and Engineering.This address will be placed in a location easily visible
from the road off of which the address was assigned.
C.All private,subdivision,and county road names shall be unique in order to provide for efficient
delivery of emergency services.All candidate road names,either for a new road or renaming of a
road,shall be approved by the Lincoln County Rural Addressing Committee.This committee
consists of representatives from:Planning Staff,County G.I.S (Geographic Information System)
Coordinator,County Emergency Management,Local Town Governments,and Sheriff's Office.
The process for new road names and renaming of current roads is set as follows based on the type
of road:
1.All new road names shall be approved through the following process A completed Road Name
Application is submitted to the Office of Planning and Engineering.
a.A Road Name Application is considered complete when it contains:
(1)three unique proposed road names,(2)when all landowners affected by this road have
signed the application or submitted signed approval of the application,and (3)the3
required application fee is received.If the applicant is Lincoln County,the fee is waived.In
the case of a new subdivision road,a fee is not collected because the fee is included in the
subdivision permit fee.
b.The completed application will be forwarded to the Lincoln County Rural Addressing
Committee for approval.A decision by the committee shall be made within 30 days of the
submittal of the application or the application is deemed approved.Approval will be
granted based on the following criteria:the road requires 3 or more assigned addresses,an
address or addresses will be difficult to see without a road sign,and the road name is
unique.
c.If the Road Name Application is denied,the applicant is sent a letter explaining the
decision.In the case of a new subdivision road or new county road,the applicant can
submit 3 new unique road names.
d.For a new county road,if the Road Name Application is approved,the appropriate
procedures outlined in W.S.24-3-1 are followed for the establishment of a county road.
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e.If the county road is approved,or in all other cases,if the Road Name Application is
approved,the applicant is sent a letter acknowledging the decision and detailing the cost
for new road signs,posts,sign brackets,and any warning signs required.
f.Once the cost of the sign post system is received by the Office of Planning and
Engineering from the applicant,the appropriate signs will be ordered and installed at the
earliest convenience by Planning Staff.
f.Once the cost of the sign post system is received by the Office of Planning and
Development from the applicant,the appropriate signs will be ordered by Planning Staff
and installed by the Property Owner,at the direction of Planning Staff prior to final plat for
subdivisions,or within 30 days of delivery of signs to property owner.
g.The new road name will not take effect until the new road sign has been installed.Once it
is installed,any existing landowners along the road will be notified via mail of their new
address.The Office of Planning and Engineering will notify local utilities,Lincoln County
Emergency management,and the Lincoln County Clerk's Office of the new road name and
any change of addresses.The individual landowners will be responsible to contact any
other entity that would have their physical address on file.
2.All requests to rename existing roads shall be approved through the following process:
a.A completed Road Name Application is submitted to the Office of Planning and
Engineering.A Road Name Application is considered complete when it contains (1)three
unique proposed road names,(2)when 51%of landowners affected by this road have
signed the application or submitted signed approval of the application,(3)Home Owners
Association,if exists,submits a signed approval of the application,and (4)the required
application fee is received.
b.The completed application will be forwarded to the Lincoln County Rural Addressing
Committee for review and recommendation.A recommendation by the committee shall be
made within 30 days of the submittal of the application based on the following criteria:the
proposed road name is unique,the current road is proven to cause confusion for emergency
response personnel,and other mitigating factors affected by the current road name.
c.Once the application has been reviewed and a recommendation has been provided by the
Lincoln County Rural Addressing Committee,the matter is brought before the Board of
County Commissioners to make the final decision.
1.For a private road name change,it is presented when the Office of Planning
and Engineering is next scheduled on their agenda.
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2.For subdivision road name change,the process of an Amended Plat as per
Lincoln County Land Use Regulation is initiated.The Board of County
Commissioners will make the final decision on whether the road name
warrants changing through the approval or denial of the Amended Plat,thus
approving or denying the Road name Application.
3.For a county road name change,the process of alteration of a county road
as found in W.S.24-3-1 is initiated and followed.
d.If the Road Name Application is denied,the applicant is sent a letter notifying them of the
final decision made by the Board of County Commissioners.The current road name will
remain.
e.If the Road Name Application is approved,the applicant is sent a letter acknowledging the
decision.A request for cost of sign posts,sign brackets and road sign blades,and any
warning signs required will be contained in the approval letter.
f.Once the cost of the sign post system is received by the Office of Planning and
Engineering from the applicant,the appropriate signs will be ordered and installed at the
earliest convenience by Planning Staff.
g.The new road name will not take effect until the new road signs have been installed.Once
they are installed,all landowners along the road will be notified via mail of their new
address.The Office of Planning and Engineering will notify local utilities,Lincoln County
Emergency Management,and the Lincoln County Clerk's Office of the road name change
and change of addresses.The individual landowners will be responsible to contact any
other entity that would have their physical address on file.
3.The Lincoln County Rural Addressing Committee may review existing road names and
recommend changes to the Board of County Commissioners.
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EXHIBITS:
1.Text of new fencing law
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CORRESPONDENCE:
No correspondence was received
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