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LINCOLN COUNTY PLANNING AND ZONING COMMISSION MEETING MINUTES
Wednesday, November 15, 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 6:00 pm. A quorum was established. II. INTRODUCTION OF PZC MEMBERS
Planning Commission Members: Karen Anderson, Chair Allen Smoot, Vice Chair
Tom Crank Chad Jensen Pam Price
Lincoln County Staff: Stephen Allen, Interim Planning Director/Chief of Staff Emmett Mavy, Planner II Elizabeth Williams, Planner II Katie Gipson, Development Administrator Austin Dunlap, Attorney Amy Butler, County Engineer (Absent) III. AGENDA INTRODUCTION BY STAFF IV. APPROVAL OF MINUTES
Karen questioned if anyone had any proposed changes to the October 18, 2023 meeting minutes. Tom proposed an amendment to the minutes. Chad proposed an amendment to the minutes. Chad requested that Austin follow up on his due diligence and gather more information on water rights. Chad made a motion to accept
the minutes as amended. Pam seconded. Motion carried. Allen abstained from the vote because he was not present in the last meeting. Motion carried. V. DEVELOPMENT REPORT Katie presented the Development Report for September 25, 2023 to October 29, 2023. She stated that there were 15 Residential Use Permits in North Lincoln County, 39 Small Wastewater Permits, 1 South Lincoln County, and 1 Zoning and Development Permits. Katie stated that Lincoln County’s No Dig Policy goes into effect today which will most likely cause the number of Small Wastewater Permits to decrease in the following months. Karen asked for the dates that the No Dig Policy is in effect. Katie stated that it is in effect starting November 15th thru April 1st. Tom questioned what the Zoning and Development Permit was approved for. Katie stated that it was an update to a cell tower in the Narrows in Star Valley. Stephen questioned if this was a new tower. Katie stated that it was an existing tower that is replacing antennas. VI. 107 PMA 23 ETNA RANCH
Emmett presented the project. Emmett stated that Planning Staff is requesting the Planning and Zoning Commission to table this project until the January 24, 2024 Planning and Zoning Commission Meeting. Emmett stated the reason for the request is because the Wyoming Department of Transportation has stated that the
applicant must submit a traffic impact study for WYDOT review. WYDOT requests the County to condition
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subdivision approval that the applicant must enter into a cooperative agreement with WYDOT to determine design, construction & maintenance responsibilities for any highway (US 89 & CR 115 intersection), and
mitigation measures generated, and recommended from the traffic impact study. The existing field access in the northwest corner of proposed Lot 22 must be removed. The applicant must obtain an access permit from WYDOT for the access removal. Emmett stated that the proposed subdivision would subdivide 480 acres into 96 lots in 12 phases. Emmett stated that the average lot size is a 5-acre average for all land in the subdivision with the smallest lot 3.5 acres, and the largest lot 7.5 acres. Emmett stated that each lot will have individual wells, and individual Engineered-Enhanced septic systems permitted directly through Wyoming Department of Environmental Quality. Emmett stated that the property is located to the west of the Town of Star Valley Ranch off of County Road 115. Marlowe Scherbel, Developer’s Representative, stated that he would like to respond to what Emmett has stated. There was discussion about who was tabling the project, the developer or the Planning and Zoning Commission. Emmett stated that the request is that the Planning and Zoning Commission table it. Marlowe
agreed. Chad questioned why WYDOT was involved if the access is off of a County Road. Emmett stated that WYDOT wants to review because there may need to be some mitigation measures since County Road 115 hits
Highway 89. Karen asked the members of the audience who was here to speak about Etna Ranch Subdivision. Karen stated that there were four people present to speak about this proposed subdivision. Austin stated to the members
of the audience that he would like to make them aware that there will be a Public Hearing regarding this project tonight, but if the Planning and Zoning Commission does table this project that it will come before this Board again. Chad questioned how the public’s comments from Planning and Zoning Commission Meetings are then relayed to the Board of County Commissioners. Stephen stated that they are entered into the Official Minutes. Chad questioned if the Minutes are given to the Board of County Commissioners before they vote on the projects. It was stated that they are not. Chad and Karen both shared concern that the Board of County Commissioners are not seeing the public’s comments from these meetings until after their vote on the project. Stephen stated that he understands the concern. Karen stated that she would like to discuss this later in Other Planning Matters. Marlowe stated that the Developer is okay with the Planning and Zoning Board tabling the project due to the lack of response from WYDOT. Marlowe stated that he is unsure why the information was not given to
WYDOT sooner as it was submitted to the Planning Office when it was requested. Chad asked for clarification on who was tabling the project, the Planning and Zoning Board or the Developer. It was answered that Staff is requesting the Planning and Zoning Board to table the project. Tom shared his hesitation with approving a project that is planned to finish 30 years in the future. Tom explained that the last phase of this project has an estimated start date of 2059. Karen stated that she has concern over this too.
Karen questioned what the water and septic scenario was for this project. Emmett stated that there was a Chapter 23 Study done by a licensed engineer and a non- adverse recommendation from WDEQ. Emmett stated that individual wells for each lot were recommended. Emmett stated that WDEQ also indicated which lots need engineered systems and which lots will need a standard septic system that will be on the plat. Karen opened up Public Hearing for this project. Cory Wolfley, owner of the Wolf Den Log Cabins, stated that he would like to voice his concerns about the intersection of County Road 115 and Highway 89, the individual wells, and the irrigation of the canal. Cory stated that he has concern over the safety of the traffic influx that would be seen at the intersection of County Road 115 and Highway 89. Cory stated that he has concern over all the wells that will be put in this development and how it will affect neighboring property’s wells. Cory stated that he would also like to be assured that his water rights from the canal will not be affected. Karen questioned Cory where his property is located. Cory stated
his address is 82 Stewart Trail. Pam questioned if Cory’s property is directly neighboring the proposed subdivision. Emmett stated that Cory’s property is at the intersection of Highway 89 and County Road 115. Shay Scaffidi questioned if Lincoln County was charging impact fees on developments this large. Shay continued stating that a development of this size will create a need for more law enforcement, teachers, and
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emergency services. Shay continued stating that 96 homes is basically a town and should have a community well and central septic systems. Shay also stated that she has concern on that intersection of County Road 115 and
Highway 89 and the safety of it. Emmett stated that roads, powerlines, water and sewer infrastructure, communication lines, all going into the subdivision are the responsibility of the developer. Emmett explained that once this subdivision is created and the individual lots are sold, then the land owners will be taxed for residential use land. Emmett explained that right now this property is taxed as agricultural land which is significantly lower than property being taxed as residential use. Emmett stated that the developer will foot the bill for any infrastructure, and then the taxes would help provide for the increased services that would be needed. Cory Wolfley stated that he has a big concern over the water contamination that could occur. LouAnn Henderson, an Etna resident, shared concern with the number of these large subdivisions being approved stating that they do not agree with Lincoln County’s Comprehensive Plan and the Land Use Regulations. LouAnn stated that she is concerned with the intersection of County Road 115 and Highway 89, and the number of wells and individualized septic systems. LouAnn shared concern on the strain that a subdivision of
this size would put on EMS, Fire Departments, and Law Enforcement. LouAnn stated that Developers can do whatever they want because we do not have code enforcement to make sure that rules are being followed. LouAnn stated that we need code enforcement in Lincoln County. LouAnn stated that lot owners need to get a
water test done to ensure that there is no contamination. Karen stated that code enforcement is a problem and that she would encourage citizens to reach out to their County Commissioners as they are the deciding party that can address this.
Karen closed the Public Hearing. Allen made a motion to table file 107 PMA 23 a Major Subdivision Preliminary Plat- Master Plan to the January 24, 2024 Planning and Zoning Commission Meeting for the following reasons: The applicant must submit a traffic impact study for WYDOT review. WYDOT requests the County to condition subdivision approval that the applicant must enter into a cooperative agreement with WYDOT to determine design, construction & maintenance responsibilities for any highway (US 89 & CR 115 intersection) mitigation measures generated and recommended from the traffic impact study. The existing field access in the northwest corner of proposed Lot 22 must be removed. The applicant must obtain an access permit from WYDOT for the access removal. Chad seconded the motion. Motion carried. VII. 109 MA 23 TRESPASS RANCH SUBDIVISION Emmett stated that there are some minor changes to make in the Staff Report. Emmett stated that in Conditions of Approval 3.a.i should read a 70-foot radius cul-de-sac. Emmett stated that the next change is under Condition of Approval 9 that it should only include water rights and not a water district and ditch company. Emmett stated that the last change is under the Proposal and should be changed that the main road is Trespass Lane not Trespass Escape.
Emmett presented the project. Emmett stated that this project is a Major Subdivision Preliminary Plat application to subdivide 129. 31 acres into 25 residential lots and one Ranch Lot. Emmett stated that the lot size before factoring in the Ranch Lot would be 2.67-acre average, and with the Ranch Lot factored in it becomes a 5.17-acre average. Emmett stated that the lots will share a private subdivision road, Trespass Lane, off of County Road 114, and Rendezvous Court dead end road. Emmett stated that each lot will have individual wells and engineered- enhanced septic systems permitted directly through Wyoming DEQ. Emmett stated that the site is surrounded by residential and agricultural uses. Emmett stated that the Conservation District indicated high ground water and that that was also addressed in the Chapter 23 Study. Emmett stated that Wyoming DEQ did give a non-adverse recommendation with enhanced and engineered septic systems for all lots. There is a Plat Warning that DEQ did provide. Emmett went over Condition of Approval 6, 7, 8 and 9 and why these conditions were included. Emmett stated that the majority of the lots are outside the 100-year flood zone and outside the
National Wetlands Inventory. Emmett stated that with the 150’ setback to the Salt River, there are no buildable areas inside the floodplain or wetlands. Emmett stated that the Luthi Ditch traverses Lots 6-15, and the 100-year floodplain crosses the eastern lot edges for Lots 1-15. Emmett stated that there are public comments included in the Staff Report as well as some public comments that came in late that are not included. Emmett stated that
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Planning Staff is recommending that the Planning and Zoning Commission send a recommendation of approval to the Board of County Commissioners for File 109 MA 23 a Major Subdivision Preliminary Plat with Findings of
Approval A thru C, Conditions of Approval 1 thru 9, and a recommendation for the Board Chairman to sign the Development Agreement. Chad questioned if the road was already put in. Emmett stated that there is a road that is designed that mimics the layout of the road in the subdivision. Emmett explained that there are no surveying steaks or power boxes. Chad questioned the Ranch Land. Emmett explained that the County prefers the term Open Space for this type of area. Allen questioned who will own this property, and if it is in the subdivision if it should have a lot number. Emmett stated that this land would be limited to agriculture uses. Karen questioned what permit was needed for digging ponds, and building roads. Emmett stated that there are no Lincoln County permits for either of those things. Emmett stated that the State does have a permit for ponds. Emmett stated that the soil and material created from excavating the pond needs to be removed, and as
long as they are not selling the soil it is allowed. Emmett explained that there was some public comment that it was being sold, but the Developer stated that it was being moved to other properties he owns. Allen questioned if the Planning and Zoning Commission can require that the developers line the pond
even if the State is not requiring that. Austin stated he does not think that the Planning and Zoning Commission can require that because it is the State’s jurisdiction. Tom questioned if Lot 7, 8, and 10 have less than 2 acres available since the irrigation ditch runs through
those lots. Tom questioned the elevation change between the pond and the river. Emmett stated that the pond does drain down to the river. Tom questioned the bridge that is at the end of the subdivision road. Emmett stated that the bridge is not a part of the subdivision road, but rather a private driveway leading to other land. Emmett stated that the bridge is not the only way to access the lots on the other side of the bridge. Allen questioned what DEQ used as the standard for the groundwater. Emmett stated that DEQ does not use a standard, but goes off of the Chapter 23 Study information. Scott Scherbel, the Developer’s Representative, stated that they disagree with Conditions of Approval 8 concerning Open Space. Scott stated that in the pre application conference it was agreed upon that the Ranch Land would work since Open Space is not required for this type of project. Scott stated that a common definition of Open Space is land that is accessible and open to the public. Scott continued stating that the Ranch Land that
they are proposing is not open to the public and that there would be a misconception if it were called Open Space. Scott stated that there would be no residential uses on the Ranch Land. Scott stated that on Condition of Approval 9 he would like to suggest that since the County requires a 20-foot easement already on both sides of the ditch that there is no need for that Condition of Approval. Karen questioned where fences were to be put in along the river. Scott stated that there is only a requirement for a fence to be put between residential and agricultural use lands, and that there is an existing fence
already separating these uses. Ben Jordan, whose firm helped perform the Chapter 23 Study Application, stated that he would like to address the concern of the Salt River contaminating nearby wells with E. coli. Ben stated that the distance that groundwater travels over a two-year period is modeled for septic system setbacks and EPA models this information for the Wellhead Protection Zones. Ben stated that viruses and bacteria die off in that two-year period, so we have to look and see if any bacteria or viruses would come in contact with any groundwater within that time. Ben stated the assessment used for Trespass Ranch was a four-foot difference between the bottom of the leach field to the shallowest ground water. Ben continued stating that the horizontal distance the effluent would then travel is 74 feet which is less than the 100 feet requirement for a setback between water wells and a leach field. Ben stated that EPA and DEQ both use a calculated fixed radius method for determining the Wellhead Protection Zone 2 area. Ben stated that using this method the max amount the pathogens would need to travel
before coming in contact with a water source is 105 feet. Ben summarized that if the water from the Salt River contained pathogens it would need 105 feet before coming into contact with a water source. Ben stated that DEQ required that enhanced septic systems to be used to keep the nitrate rate below where it was supposed to be. Ben stated that there would need to be a 6-foot difference between the bottom of the septic system to groundwater.
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Ben stated that he questioned Mr. Baron, with Wyoming DEQ, and asked why there was the requirement of 6-feet and was told that 99.99% of pathogens are removed with a 6-foot layer of soil. Ben stated that all mounded
system will have to have cover as stated by Wyoming DEQ. Ben stated that there was concern over these smaller lots having room for the leach field as well as a replacement area. Ben continued stating that these sites are large enough to provide for both of these requirements even in those lots with the ditch running through them. Chad asked if the septic system that Ben was referring to was actually above ground with a slope over the top. Ben responded yes, if that is what is needed to provide that 6 foot of separation. Ben stated that each individual lot needs a licensed engineer for the septic system that will determine what kind of system is needed to make this separation distance happen. Chad questioned if this kind of septic system is common in Lincoln County. Emmett stated that an above ground septic system is common in Lincoln County, and all septic systems, even those not in a subdivision, look for high groundwater that trigger these types of systems. Scott stated that the pond was permitted through the State Engineer’s Office. Karen asked Tim Costen, the developer, if he wished to speak about his greatly thought-out plan. Tim
stated that he appreciated the acknowledgement of the subdivision being greatly thought out. Tim stated that the intent of the Ranch Land is to farm this land and use it for agriculture, and there is no desire to sell that land. Karen stated that she has expressed concern over these many 2 acres lots in a subdivision in the Sketch
Plan stage, and that she is not endorsing the project. Karen clarified that she did not mean to refer to the project as great. Tom questioned if Tim would be willing to label the Ranch Land as a Lot 26 so that all areas are taxed the
same. Tim stated that he could be amenable to that. Karen questioned if Tim would be amenable to redesigning the subdivision to help keep the scenic corridor along the river. Tim stated that there was so much thought and design into this project, and that he would not be at this time. Karen asked Emmett if he was aware of anything that is happening with the leach fields in Etna Village Estates. Emmett stated that anyone who is in the subdivision and installs a septic system is held to the requirement of an enhanced system. Emmett stated that Wyoming DEQ has stated that anything that requires enhanced septic systems will be going through Wyoming DEQ starting the next year. Karen opened up Public Hearing for this project. Tyler Brog stated that his family has farmed the land since the 80’s. Tyler stated that there is an irrigation ditch between his land and along Trespass Lane that he has concern about the snow removal, and the dust from
the trucks. Tyler stated that he is concerned about the possible contamination from the pond to the wells nearby. Tyler stated that his main concern is flooding in the area for future property owners. Tyler explained that most years it is flooded in Lots 1-15 during the Spring. Tyler stated he has concern of the 70-foot easement emergency access on the south side that has the potential to ruin the natural topography and create more flooding. Joe Eggleston, whose father owns the property directly south of Trespass Ranch, stated that he is concerned with the irrigation ditch and the fence that goes across the sprinkler line. Joe continued stating that the
emergency road will also cause excess flooding on the property. Lisa Pachie, neighboring property owner, stated that she is also concerned about the flooding, and the high groundwater. Lisa shared that a neighbor had to move out of their home in the area due to the constant flooding in this area. Lisa stated that there was equipment that was brought out to sort the soil from the pond construction. Lisa asked who was to maintain these enhanced septic systems. Lisa questioned what could happen with the Open Space/ Ranch Land specifically asking if it could be further subdivided. Lisa questioned what the recourse would be of the surrounding neighbors if their wells do get contaminated. Greg Pachie stated that the road by Lots 8 and 9 was washed out this year, and Lots 6 and 7 were under water. LaDell Heiner, a neighboring property owner, stated that he is concerned with the emergency road that would be built. LaDell continued stating that it would act as a dyke and would cause more of his land to flood.
Mr. Jenkins stated that the flood water is very high in this area, and he is concerned with the possibility of people building houses in this area. Mr. Jenkins also shared concern over the fence over the sprinkler pipe.
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Shay Scaffidi asked if Lincoln County has any other subdivision with these smaller lots along the scenic Salt River. Shay stated that she believes using the Ranch Land to calculate the average is skewed. Shay also
shared concern over the mining that was going on with the removal of soil from the construction of the pond. Dan Putnam stated that he has been involved with a lot of projects by the river, and that this will be done by the book. Dan stated that he believes that this will be a good asset to the community. Eric Butler, a neighboring land owner, questioned if guest houses will be allowed on these properties. He shared concern over there being guesthouses with the lots sizes and restrictions of the septic systems. Shane Johnson stated that if this project is done right, stating that he believes it has, then he is in favor of a well thought out project like this. Greg Pachie questioned how this project could be considered done right when the road is being washed out and there is flooding on the property. Hope Ray, a neighboring property owner on the north side of the pond, stated that there are a lot of mosquitos and bugs surrounding the area that have never been an issue previous to the pond being constructed.
Hope also shared concern over the high groundwater. Karen called a 5-minute recess. Karen called the meeting to order at 8:50 pm.
Scott Scherbel stated that the land does have some shallow flooding. Scott stated that the developer did not have to redo the road due to it being washed out but make some very minor repairs. Scott suggested that the emergency access road not be built, but rather have the emergency easement that would leave the ground
undisturbed and not cause any flooding by creating a dyke. Scott stated that the pond is on the highest part of the property, and there are no water wells within 105 feet of the pond. Tim Costen verified that the road was not washed out, but it was being worked on and modified during the spring time so he understands why there was that misconception Karen questioned Tim about the sorting of soil and potential small mining operation. Tim answered that the material from the pond was taken to another property that he owns as well to the farmland nearby. Karen questioned if there were multiple ponds. Tim stated that there is only one. Karen questioned what the pond's use was. It was answered that it could be used for fishing. Tim explained how the Salt River was being pumped into and out of the pond. Karen questioned if Tim would be amenable to not allowing basements in the subdivision. Tim answered that he could be persuaded to not allow basements.
Karen closed the Public Hearing. Allen stated that he had several questions and concerns and that many of them have been addressed; however, he still has concern about the temporary road that Planning Staff is requesting be made permanent. Allen continued stating that there needs to be measures taken to make sure that it does not increase flooding to neighboring properties. Allen stated he still has questions on what to call the proposed Ranch Land whether it be Open Space, a separate lot, or Ranch Land. Allen stated that he wants to ensure that whatever this Ranch Land is
called, that it is not able to be subdivided or buildable due to the fact that it did give density to these smaller lots. Allen stated that he does believe there should be a Condition added that states no basements allowed in the subdivision. Chad stated he is concerned with the flooding as well as the Ranch Land. Karen stated that she is also concerned with the number of 2 acre lots along the Salt River corridor. Karen questioned Emmett if these 2-acre lots would be allowed to have guest homes. Emmett responded that they would be able to have a guest home of up to 1,000 square feet size. Karen stated that if that is allowed it creates too much pressure in that area. Karen stated that in the Sketch Plan stage the Planning and Zoning Board stated concern about the number of smaller lots along the river, and nothing was changed. Karen stated that in her book the 5-acre average isn’t met. Karen stated that it is not an ideal spot for a subdivision due to the flooding. Karen stated that she is not in favor of this because she does not believe it meets the averages and minimum.
Karen asked Emmett to address the loop road. Emmett stated that the loop road would not be asked for if it were not necessary for the International Fire Code. Emmett stated there may be an engineering solution to help reduce the flooding that may include culverts.
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Karen shared concerns about the fence over the sprinkler pipe. Emmett stated that there is no written easement for the sprinkler pipe.
Tom stated that this is a 25-lot subdivision and not one of them is over 3.79 acres. Karen stated that she believes because of that fact that it is not consistent with the goals and objectives of Lincoln County’s Comprehensive Plan. Karen said that she would propose that this project gets denied by the Planning and Zoning Board. Tom questioned if the Ranch Land that contains the pond and the other Ranch Land across the road would be considered two separate parcels. Emmett stated that if it is Open Space then it can be divided by a subdivision road and still be considered one parcel. Allen stated that he does not support the 2-acre lots but when the Sketch Plan was presented that’s when the Planning and Zoning Board should have acted to make changes to the Land Use Regulations to have these small lot sizes not allowed. Discussion continued. Allen made a motion that the Planning and Zoning Board send a recommendation of approval to the
Board of County Commissioners for file 109 MA 23 a Major Subdivision Preliminary Plat with Findings of Approval A thru C, Conditions of Approval 1 thru 9 with the amendment of the 70 foot cul-de-sac, # 7 should include the emergency road to include a trench or berm to help with flooding diversion, # 8 the label of Ranch
Land to be labeled Open Space, # 9 show the easement of the Luthi Ditch on the plat, and to add # 10 that no basements will be allowed. Tom seconded. Karen stated that she hopes that all the comments would be given to the Board of County Commissioners along with the minutes. Three voted in favor of the motion. Two voted
against the motion. Motion carried. VIII. 102 PZ 23 LUR AMENDMENT- MODIFICATION TO CHAPTER 4.3 (Tabled from the October 18, 2023 Planning and Zoning Commission Meeting) Emmett presented the Land Use Regulation Amendment. Emmett stated that this amendment proposal started as part of File 101-PZ-23 and this portion of the proposal was tabled at the October 18, 2023 Planning and Zoning Commission meeting. Emmett explained the original File 101 PZ 23 moved to the Board of County Commission with changes to Chapter 6.2 only, and this file number was changed to 102 PZ 23 so it can reflect the board hearing the LUR amendments at different meetings. Emmett stated that the Wyoming Legislature recently passed fencing requirements for subdivision permits that 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. Emmett
stated that the law allows neighboring property owners to waive this requirement of the fence perimeter. Emmett stated that when this law was passed it allowed Counties to Exempt Subdivisions with less than 6 lots, and that The Planning Department proposes to exempt Simple and Minor Subdivisions from this State Requirement. Emmett explained that implementation and practicality of the law were the driving issues for exempting Simple and Minor Subdivisions. Emmett recapped Joe and Kaylynn Nield’s comments about not exempting any subdivisions from this
requirement stating that they are ranchers and fences benefit their work. Marlowe stated that if fences are wanted around subdivisions, then he is unsure why we would exempt any type of subdivision. Marlowe stated that he believes it should be made a part of the improvements required before a Final Plat. Marlowe also stated that not all fences are wildlife friendly. Chad made a motion to send a recommendation of approval to the Board of County Commissioners for File 102 PZ 23 a Plan Amendment to amend chapters 4.3 with Findings of Approval A thru D, and a Resolution of Approval. Pam seconded. Motion carried. IX. SKETCH PLANS a. Major Subdivision, Bedford Meadows Estates Marlowe, Developer’s Representative, stated that this project is part of the Bedford Water District
and so there will be no individual wells. Marlowe stated that the Bedford Water District will provide a will serve letter. Marlowe stated that the east 75-feet of the property is not within the Bedford Water District that they are petitioning to annex into the district.
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Stephen stated that a 70-foot easement for fire services calls for fire hydrants to be placed in that road. Stepehen stated that the placement would be determined by an engineer. Marlowe stated that the Fire Code is
specific about how these are placed. Stephen stated that he has been contacted by Fire Services that have questioned why fire hydrants are not being placed, in roads like the one proposed, where it is required. Tom stated that he believes that this is only a requirement for those areas that do have firefighting capabilities. Tom stated that in the proposed subdivision that the plat stated that this is not a service for this subdivision. Stephen replied stating that according to the code that if there are roads designed, like the one we are looking at now, then there are specific areas where the fire hydrants need to be placed. Marlowe stated that he does not believe it is applicable to every subdivision, but it may be for this subdivision and he will look into it. Stephen posed the question to the Commission if this is something that they want to start addressing. Chad and Karen both stated that they would. Discussion continued. Tom stated that he believes it is something to
be considered but that the availability for fire hydrants depends on individual Fire Districts. Discussion continued. X. OTHER PLANNING MATTERS
Karen stated that the date for the January Planning and Zoning Meeting is January 24th, not the 18th. Karen stated that there is a Planning and Zoning Commission Training the 30th at 6pm. Stephen stated that November 30th there will be an internal staff meeting during the day to discuss timelines, Minor Subdivisions,
Major Subdivisions, and permitting processes. Stephen told the Commission if there is something in particular, they feel that staff need to discuss at this meeting to let him know. Stephen stated that later Austin and he will then provide training for the Planning and Zoning Commission. Stephen questioned Pam and Tom if they were wanting to attend the meeting in Afton or through Zoom. Tom and Pam both replied that they would not be driving to Afton and prefer a Zoom link. Karen stated that there was an email from Tom concerning the 5-acre average and 2-acre minimums sent to Planning Staff and the Planning and Zoning Commission that asked Emmett to draft something with the Commission's concerns. Stephen questioned who asked Emmett to draft that. Karen stated that Tom did. Stephen questioned if it was physically asked that Emmett draft something or if Emmett took it upon himself. Karen stated that it was physically asked during the last Board meeting. Stephen clarified that what was stated in the last Board meeting is that Stephen would go to the Board of County Commissioners and ask them what specific language that they wanted. Stephen continued stating that he took Tom’s comments to the Board of County Commissioners and they agreed that the ideas and language that Tom used was great. Stephen stated that taking the ideas that Tom presented they would like to get the 30-day notice for this discussion started. Karen stated that she has not
had time to read through it enough. Tom stated that in Emmett’s draft there were some things that were cut short. Discussion continued. Karen stated that she proposed that they discuss further at the November 30th training. Stephen stated that he will take Tom’s comments as well as Allen’s comments and finalize the draft and get it to
the Planning and Zoning Commission before the training. Stephen stated that the Board of County Commissioners was very pleased with the proactive response of the Planning and Zoning Board. Allen stated that there should still be an allowance for the topography problems as well as other situations that make sense. Allen continued
stating that he believes that the Commission should also look for aligning roadways in the County, and the Sketch Plan tonight has the roadways aligned but that does make the lots a little smaller than the 5 acres. Allen concluded that he thinks this is also acceptable. Discussion continued. Stephen stated that the question of getting the Planning and Zoning Commission’s meeting minutes to the Board of County Commissioners before a project is approved or denied is something that he will look into, and see what they can do to address the concerns regarding meeting minutes made tonight. Austin stated that he did look into Chad’s questions of the Water Boards giving letters of intent. Austin explained that it is purely contractual. Austin stated that he believes that it comes down to the specifics in the letter and if it is clear then it is enforceable. Emmett stated that a will serve letter is contractual; however, if the land is in the water district, then they are required to provide water unless they authorize the land owner to do their own water wells.
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Chad made a motion to go into executive session. Allen seconded. The Planning and Zoning Commission went into executive session at 10:12 p.m.
Executive session was closed. ADJOURNMENT Chad made a motion to adjourn. Pam seconded. The meeting was adjourned at 10:35 P.M.
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The minutes from the November 15, 2023 Planning and Zoning Commission meeting were
approved on the _____ day of _________________ , 2024.
_____________________________________ _____________________________________
Chair Dated Director Dated