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HomeMy WebLinkAboutCombined PP BCC Staff Report for 113-MA-23 Refuge West Fourth Filing Preliminary PlatPreliminary PlatAPPLICANTS:Palisades Investments,LLC PROJECT NAME:Refuge West Fourth Filing -Preliminary Plat COMMUNITY PLAN AREA:Alpine ZONING:Currently Rural,Pending Approval from BCC for Rezone to Mixed Use. PIN:3718-191-05-003,3718-191-05-004 and 3718-194-01-001 SURVEYOR:Surveyor Scherbel,Ltd. PLANNER:Emmett Mavy FILE #Preliminary Plat:113-MA-23, ASSOCIATED FILES:Rezone:102-RZ-23,104-MP-23 Master Plan _____________________________________________________________________________________ PLANNING AND ZONING COMMISSION RECOMMENDATION: At the January 24,2024 Planning and Zoning Commission Meeting; the Planning and Zoning Commission sent a recommendation of APPROVAL to the Board of County Commissioners for File #113-MA-23 a Major Subdivision Preliminary Plat,with: ●Findings of Approval A thru C. ●Conditions of Approval 1 thru 6. ●A Recommendation for the Board Chairman to sign the Development Agreement. _____________________________________________________________________________________ PROPOSAL:A Major Subdivision Preliminary Plat application proposal to subdivide 11.90 +/-acres into six (6)residential lots.The average lot size will be 1.89 +/-acres in the Mixed Zone.The lots will share private subdivision roads off of Old Alpine CR 12-100.Each lot will have Town of Alpine water connections,and individually engineered enhanced septic systems that meet Wyoming DEQ Standards.The site is surrounded by residential uses. This proposal involves Lots 1 and 2 of the Refuge West 1st Filing and Lot 6 of the Refuge West 3rd filing. Applicant proposes to split each lot in roughly half to create a total six (6)lots from the original three,ranging from 1.5 acres to 2.14 acres in size. ●What is now a 4.01-acre Lot 1 parcel will become Lot 7 (2.0 acres)and Lot 8 (2.01 acres). ●What is now a 4.16-acre Lot 2 will become Lot 9 (2.14 acres)and Lot 10 (2.02 acres). ●What is now Lot 6 at 4.06 acres will be split to create Lot 11 (1.72 acres),Lot 12 (1.5 acres)and a Common Area. The average lot size will be 1.89 +/-acres currently located in the Rural Zone,awaiting a rezone 113-MA-23 Preliminary Plat BCC March 6,2024 Preliminary Platapplication102-RZ-23.The lots will have access from a private subdivision road.Each lot will have Town of Alpine Water and Engineered Enhanced Septic Systems. LOCATION:0.25 miles west of the Town of Alpine,Wyoming in Section 19 Township 37 North,Range 118 West. _____________________________________________________________________________________ BACKGROUND:The property was purchased as Alpine Village I Lots 34,35 and 36.The subject site, therefore,consisted of three (3),five +acre parent tracts with the Alpine Village I Subdivision.In 2001, each of those lots were divided into two lots. ●The First Filing consisted of the creation of Lots 1 and 2 only.The First Filing was a Simple Subdivision in its own parent tract. ●The Second Filing was for Lots 3 &4 where Lot 3 was 2.02 acres and Lot 4 was 2.01 acres.This filing was a Simple Subdivision in its own parent tract. ●The Third Filing was for Lots 5 &6 where Lot 5 was 2.05 acres and Lot 6 was 4.06 acres.This was also another Simple Subdivision in its own parent tract. ____________________________________________________________________________________ FINDINGS: A.The proposed subdivision,with conditions,is consistent with the provisions W.S.18-5-301 through W.S.18-5-315. B.The proposed subdivision is consistent with goals and objectives of the Lincoln County Comprehensive Plan,including Section IV Land Use Objective 1.Create Land Use Regulations that promote the responsible and orderly development of Lincoln County. C.The proposed subdivision,with conditions,is consistent with the standards and procedures of these Lincoln County Land Use Regulations,including: a.Residential Density Standards;Chapter 6 Table:6.1 for Major Subdivisions in the Mixed Zone. _____________________________________________________________________________________ CONDITIONS OF APPROVAL: 1.Significant alteration of the project shall require additional permitting. 2.A Weed Control Plan shall be developed in conjunction with Lincoln County Weed &Pest. 3.Developer and County shall enter into a Development Agreement to: a.Ensure installation of subdivision improvements and preparation of documents,including: i.Construct approved subdivision road with the minimum: 1.20’paved travelway with 1’gravel shoulders from County Road 12-100 to Lots 9,10 &11 through Funk Fairway subdivision road; 2.20’paved travelway with 1’gravel shoulders from County Road 12-100 to Lots 7 &8 and 12 through Alpine Village Circle and Alpine Village Loop. ii.Install electrical power and communication lines to each lot; 113-MA-23 Preliminary Plat BCC March 6,2024 Preliminary Platiii.Install Town of Alpine Water connections (meter pits)to each lot,approved by the Town of Alpine; iv.Submittal of Water Distribution Plan to the State Engineer’s Office; v.Survey monumentation;and vi.Development of either,a HOA,CCRs,Road Maintenance Agreement,Special Improvement District,or Mutual Benefit Corporations that covers all subdivision lots that at a minimum: 1.Provide an entity for ongoing road maintenance including the collection of road maintenance fees; 2.Provide an entity for ongoing snow removal including the collection of snow removal fees; 3.Ensure road maintenance and snow removal are maintained indefinitely; 4.The chosen document must be filed at the time of final plat filing,and bind all current and future owners to the agreement. 4.Prior to Final Plat Application the improvements shall be installed and inspected by County personnel. a.Provide for final plat approval upon satisfaction of Development Agreement terms; b.Developer Agreement shall be signed by all parties and filed with the Lincoln County Clerk’s Office no later than 60 days after approval of the Preliminary Plat or the application and approval shall be voided. 5.Plat Warnings be included for Sewage Systems and Airport Safety Zone: DEQ Plat Warning: In order to meet requirements established in Wyoming Water Quality Rules,Chapter 23, Section 7(d)(viii)(A)(I and II)and Chapter 23,Section 7(d)(viii)(B)individual septic systems for the Refuge West Fourth Filing Subdivision are required to be enhanced treatment systems per Chapter 23,Section 7(d)(viii)(C)(I and II).These enhanced treatment systems must have advanced nitrogen removal technology that is capable of achieving an effluent Total Kjeldahl Nitrogen concentration of less than 25 mg/L (maximum 30-day average)and advanced fecal removal technology that is capable of achieving an effluent Fecal Coliform count of less than 800 colonies/100 mL (maximum 30-day geometric mean). For all 6 lots within the Refuge West Fourth Filing Subdivision it is the individual lot/home owner's responsibility to obtain a Chapter 3 Permit to Construct from the Wyoming Department of Environmental Quality for the construction and/or modification of an enhanced treatment septic system.A Wyoming Licensed Professional Engineer must design the enhanced treatment septic system per WQR Chapter 23,Section 7(d)(viii)(E).A Permit to Construct Application for enhanced treatment septic systems must be submitted to the Water Quality Division Southwest District Engineer in Lander.For the proposed advanced Enviro-Septic enhanced treatment septic systems the bottom of the leach field bed sand must be at least 6 feet above the seasonally high groundwater. 113-MA-23 Preliminary Plat BCC March 6,2024 Preliminary PlatHazardPlatWarning: AIRPORT SAFETY ZONE WARNING:Aircraft noise and aircraft related hazards may exist within the subdivision. 6.Shall meet the Town of Alpine Requirements for connecting to Town water as listed in the Will Serve Letter dated June 22,2023. _____________________________________________________________________________________ EXHIBITS: 1.Preliminary Plat 2.Vicinity Map 3.Draft Development Agreement 4.Correspondence 5.Subdivision Plat for First,Second and Third Filings _____________________________________________________________________________________ CORRESPONDENCE: Lincoln County Weed &Pest:At the time of inspection,Spotted knapweed,Yellow toadflax,Musk thistle,and Canada thistle,were observed on the property.According to Wyoming Statute it is illegal to allow any state or county noxious weed to propagate freely.LCWP will be available to advise how to control any weed problem in the future at this site. Star Valley Conservation District: The Chapter 23 Water &Wastewater Study has been completed on this project.Any recommendations in the study supersede all recommendations made by the Star Valley Conservation District. Recommended Plat Warnings: SVCD recommends an enhanced septic due to the soils report finding that the soils are likely to have an issue with seepage. SVCD recommends soil cuts to determine groundwater levels.If groundwater is high,we recommend an enhanced septic system.We recommend that soil cuts be taken in the spring/early summer when groundwater is highest.If soil cuts are done at other times,know that static water level can fluctuate according to the amount of high-water runoff from year to year. State Engineer's Office:The water right search revealed that there are no existing water rights of record that attach to the subdivision lands.Given this,further action on the part of the subdivider or his agent in addressing Wyoming Statute 18-5-306 (a)(xi)is not required. Wyoming DEQ:DEQ provided a non-adverse letter for engineered enhanced septic systems and Town of Alpine water connections,and stated that these are safe and adequate for the Refuge West Fourth Filing Subdivision.They also recommended a required plat warning of: Recommended Plat Warning: 113-MA-23 Preliminary Plat BCC March 6,2024 Preliminary PlatInordertomeetrequirementsestablishedinWyomingWaterQualityRules,Chapter 23, Section 7(d)(viii)(A)(I and II)and Chapter 23,Section 7(d)(viii)(B)individual septic systems for the Refuge West Fourth Filing Subdivision are required to be enhanced treatment systems per Chapter 23,Section 7(d)(viii)(C)(I and II).These enhanced treatment systems must have advanced nitrogen removal technology that is capable of achieving an effluent Total Kjeldahl Nitrogen concentration of less than 25 mg/L (maximum 30-day average)and advanced fecal removal technology that is capable of achieving an effluent Fecal Coliform count of less than 800 colonies/100 mL (maximum 30-day geometric mean). For all 6 lots within the Refuge West Fourth Filing Subdivision it is the individual lot/home owner's responsibility to obtain a Chapter 3 Permit to Construct from the Wyoming Department of Environmental Quality for the construction and/or modification of an enhanced treatment septic system.A Wyoming Licensed Professional Engineer must design the enhanced treatment septic system per WQR Chapter 23,Section 7(d)(viii)(E).A Permit to Construct Application for enhanced treatment septic systems must be submitted to the Water Quality Division Southwest District Engineer in Lander. For the proposed advanced Enviro-Septic enhanced treatment septic systems the bottom of the leach field bed sand must be at least 6 feet above the seasonally high groundwater. Public Comments:No public comments 113-MA-23 Preliminary Plat BCC March 6,2024 £¤89 £¤26 Alpine 29 20 30 19 37N 118W Alpine V illa g e L o o p V illag e L n AirportDrOld Alpine Rd FunkFawyAl pi neVi l l ageCi rSouth Refuge Pkwy 26 Columbine St³±100 Lake Cabin DriveWiemann Way Rutan Road Branson Boulevard Buck LaneVillage Lane Diamandis DriveSouth Refuge Parkway A lpin e V illa g e L o o p Alpine Village LoopAirport DriveFunk FairwayAlp ine V i l lage C i rc le £¤2 6 Alpine PRIVATE ROAD PALISADESINVESTMENTS, LLC U.S. HIGHWAY 744 LLC PALISADES INVESTMENTS, LLC ALPINE VILLAGE WYOMINGPROPERTY, LLC STATE OFWYOMING GAME & FISHWERNER,DAVID GK & JANE ALPINE INVESTMENTS, LLC ALPINE INVESTMENTS,LLCBEERY, COLLINS & PAMELA SIMONS BURMINGHAM, DON & SUSANL TRUSTEES PALISADESINVESTMENTS, LLC SCHOUTEN, MARKW & JENNIFER L TRUSTEESBROOKS, ANDREW ALPINE AIRPARK ASSOCIATION, INC. BERMAN, JON PIERCE, SEAN R& SIRIN SEZER, TRUSTEES MCGRATH,CHRISTOPHER W TRUSTEEJALADO HOLDINGSLLCPRIVATE ROAD WERNER, DAVID GK& JANE M NEON BLUEDEVELOPMENT, INC FGILLC PRIVATE ROAD TARGHEENATIONAL FOREST BOLDUC,ROBERT J & DENISE M U.S. HIGHWAY HILL, DON & MARY ANNHILL, GLAYDE A &KAYLEEN S TRUSTEESMILLER, ZACHARY L& KRISTIN M STATE OF WYOMINGGAME & FISH GUTIERREZ,RAUL JH3,LLC MILLER, STEVEN M ETAL SHOCKEY, ROBERT J & JACLYNTRUSTEES PRIVATE ROAD WESTERN LAND & HOMESLLCRENTAL PROPERTY #3, LLC SOSA, ALEJANDRO F JALADO HOLDINGS LLC HAMMER, LAUREL & CHRISTOPHER J BISSENER DOERR,KARI R LAMERE, MICHAELH ETAL ALPINE TOWNHOMES, LLC RACZAK, JANE L & JOSEPH SCO-TRUSTEES COPE, EDWARD & KRYSTAL BRADFORD, JAMES H.& PATRICIA A.TOOLSON, JEFF C & HEIDI EKEIPERT,SAMANTHA L VAUGHN, GARLAND LYNN ADAMS, JOHNB & CHERYL A SCHMIDT, PAUL W & KATHLEEN A MORGAN CTGX HOLDINGS, LLC IRBY,AUSTIN JBOWLDS, DREW& STEPHANIE BANK OF NEW YORK MELLON FKA THE BANKOF NEW YORKHARRIE, DANIEL A & MILDRED HBUREAU OF RECLAMATIONBAER, MARGARET JANEWORTHINGTON, JEREMY JONAS, CHARLES K LEBLANC,CHARLES C & JANNA M SIMON, ZACHARY D &PRUDENCE P GLOVER, JOHN WESTERN PRODUCTION &PUMPING RETIREMENT TRUST ANDERSON, MICHAEL D TRUSTEE U.S. HIGHWAY WYOMINGHIGHWAY DEPARTMENT BARNES, DAVID& LISA ALPINE AIRSPACE LLC MILLER, ZACHARY L & KRISTIN A DOUGLAS, CAROLYN MTRUSTEE BEDFORDPROPERTIES, LLC GILL, SHARON M. LOCKHART,CODY LOCKHART, CODY BILLINGS, DARYL WALLASCH, CHARLES E & MARIANNAK TRUSTEES CMW LANDINGS,LLC PRIVATE ROAD LUTZ,JACLYN MADSEN, TIMOTHY C & PIPER C ROSS-FRYE, ALECK &JESSICA BARNHOUSE MCCLELLAN,CHARLES THOMAS EWING, ANDREW A & BARBARA A STRANGRET,JODIE K PHOENIXINVESTMENT PROPERTIES LLC ALPINE WYOMING HANGAR, LLC JACOBS, BRENTA & RACHAEL L ALPINE FLATS, LLC LAW, SHANE A 744, LLC 744, LLC TOMKINSON,JOSEPH R & IRENE F DARDIS, STANLEY K & SHARON A SCOTT, JONATHAN A FOUR SIX ULLC DELANE, DANIEL L& LORI TRUSTEES SCHULTE, JACK & MARION TRUSTEES ROWAN, JAMES W TRUSTEE FLEISCHHACKER, JOSEPH FTRUSTEEJMS TETON CROSSINGS, LLC FLOWER, RICHARD AKIMBLE, ROSEMARY & STEPHEN GOFF, SEAN K & KELLY J CO-TRUSTEES WERNER, DAVID & JANE HERMEL, DAVID E & DARCY R PRIVATE ROAD ALPINE AIRPARK REFUGE, INC COCCIMIGLIO, NICHOLAS J & SHANNON M TRUSTEES CALLAGHAN, JONATHAN D & CHRISTI B TRUSTEES AERO CONDO, LLC AERO CONDO, LLC JALADOHOLDINGS LLC PALISADESINVESTMENTS, LLC YANKEE SIERRA, LLC KLH & JLAND LLC REFUGE 525, LLC WALLIN, TROYA TRUSTEE WALLIN, TROYA TRUSTEE ALPINE AIRPARK REFUGE, INC C/O RJB BUILDING FAMILY PARTNERS LTD JONES,ADAM & APRIL ALPINE INVESTMENTSLLC ALPINEINVESTMENTS LLC SMITH, GORDON L K SMITH, GORDON L K SIGFRIED, RAND & ANDREA LCUNNINGHAM ALPINEINVESTMENTS, LLC ALPINE INVESTMENTS LLC ALPINE OF MIAMI, LLC CALLAGHAN, JONATHAN D & CHRISTI B TRUSTEES ALPINE OF MIAMI, LLC TWR 46U LLC WALLIN, TROYA TRUSTEE WALLIN, TROY A TRUSTEE AEROCONDO, LLC WESTAR, LLC MAESTRO FLIGHT, LLC 744 LLC KLH & J LAND LLC MAZZIA, KENT W &MISTI L TRUSTEES GRAVE, CRAIG A TRUSTEE WALLASCH, CHARLES E & MARIANNA K TRUSTEES AERO CONDO, LLC NEON BLUE DEVELOPMENT,INC CONGER, DEE LAMAR JR TRUSTEE TOBUL, JAMES R TRUSTEE SGI REALTY, LP GENZLINGER, LYNN PTRUSTEE DORMAN, BENJAMIN & ANGELIQUE TRUSTEES PALISADES INVESTMENTS, LLC STERN, ROBERT J & HELEN S ALPINE VILLAGE WYOMING PROPERTY, LLC JENKINS, DAVIDTRUSTEE PALISADES INVESTMENTS,LLC PALISADES INVESTMENTS,LLC PALISADES INVESTMENTS, LLC Esri Community Maps Contributors, Lincoln County, WY, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/ NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, Maxar Rezone, Master Plan and Preliminary Plat Projects Public Noticing Roads Road_Type US Highways WY Highways Township & Range Sections Municipalities 102 RZ 23, 104 MP 23, 113 MA 23 Refuge West Rezone, Master Plan, and Preliminary Plat Palisades Investment, LLC Prepared using available data by Elizabeth Williams on 26 December 2023. Map is for informational purposes only and in no way represents an official survey of land. DEVELOPMENT AGREEMENT REFUGE WEST FOURTH FILING,SUBDIVISION FILE NO.#113-MA-23 PIN:3718-191-05-003,3718-191-05-004 and 3718-194-01-001 THIS AGREEMENT is made and entered into as of the ____day of ______________,2024 by and between Lincoln County,Wyoming,hereinafter referred to as “County”,whose address is 421 Jefferson St.,Suite 701,Afton,Wyoming,83110,specifically Lincoln County Planning and Development and Palisades Investments,LLC.,hereinafter referred to as OWNER/DEVELOPER”,whose address is P.O.Box 3930,Alpine,WY 83128. WHEREAS,it is the intent and purpose of the OWNER/DEVELOPER to meet the conditions of approval for File No.#113-MA-23 Refuge West Fourth Filing to subdivide approximately 11.9 acres into 6 residential lots as set forth in the Preliminary Plat;and WHEREAS,the OWNER/DEVELOPER is the sole owner of the identified certain Property (see Exhibit A)located in the County;and WHEREAS,it is the intent and purpose of the OWNER/DEVELOPER and the County to enter into this Agreement that will guarantee the full and satisfactory completion of the required Improvements on the Property described in this Agreement and it is the intent of this Agreement and the parties to satisfy the Improvement requirements and to provide for the approval of the final plat application by the Lincoln County Board of County Commissioners and the final plat recordation in the Office of the Lincoln County Clerk of Refuge West Fourth Filing Subdivision; NOW THEREFORE,in consideration of the mutual covenants and conditions contained herein, the parties agree: Section 1.Definitions 1.1 SUBDIVISION:The subject of this Agreement,which is designated and identified as File No.#113-MA-23 Refuge West Fourth Filing Subdivision on the Property described in Exhibit A in the jurisdiction of Lincoln County,Wyoming.This definition shall include any and all future mention to the term SUBDIVISION. 1.2 IMPROVEMENT:Any alteration to the land or other physical construction located on or off the Property that is associated with this subdivision,building site,or development. 1.3 OWNER//DEVELOPER:means and refers to Palisades Investments,LLC,whose address is P.O.Box 3930,Alpine,WY 83128,the party that owns and is developing the Property and shall include and subsequent owner(s)or OWNER/DEVELOPER(s)of the Property. 1.4 PROPERTY:means and refers to the identified approximately 11.90+/-acres of a certain parcel(s)of Property located in Lincoln County,Wyoming,as described in Exhibit A. Page 1 of 10 Section 2.Planned Improvements. The OWNER/DEVELOPER shall,at its sole cost and expense,properly install and complete the following required improvements: ●Subdivision Road: o 20’paved travelway with 1’gravel shoulders from County Road 12-100 to Lots 9,10 &11 through Funk Fairway subdivision road; o 20’paved travelway with 1’gravel shoulders from County Road 12-100 to Lots 7 &8 and 12 through Alpine Village Circle and Alpine Village Loop. ●Submittal of Water Distribution Plan to the State Engineer’s Office ●Utilities: o Install Electrical Power to each identified lot. o Install Communication lines to each identified lot. o Install Town of Alpine Water connections (meter pits)to each lot,approved by the Town of Alpine; ●Surveyor’s lot monuments as set forth in the Preliminary Plat attached hereto as Exhibit B. ●Disturbed areas shall be reseeded to avoid weed infestation and erosion. ●Road Signs:The Developer to purchase private road name signs and stop signs through Lincoln County,Wyoming Planning and Engineering Office to assure standardization throughout the County and will install after completion of improvements. OWNER/DEVELOPER agrees that these Improvements shall be installed in compliance with Lincoln County Land Use Regulations Chapter 6 adopted by the County or other agencies responsible for providing services to the Development. Section 3.Sales or building permits.No lot shall be sold prior to final plat approval by the Lincoln County Board of County Commissioners and recording by the Lincoln County Clerk. Also no building permits shall be issued by the County until final plat approval and recording. Section 4.Schedule for Commencement and Completion of the Improvements.The OWNER/DEVELOPER shall commence construction of the Improvements for SUBDIVISION within two (2)years after the SUBDIVISION Preliminary Plat approval by the Lincoln County Board of County Commissioners.The OWNER/DEVELOPER will complete construction of the Improvements within three (3)years after approval of the Preliminary Plat.If OWNER/DEVELOPER does not commence construction of the Improvements within two (2) years or complete Improvements within three (3)years of the date of SUBDIVISION Preliminary Plat approval by the Lincoln County Board of County Commissioners,the preliminary plat approval for SUBDIVISION will be automatically revoked.At such time,the OWNER/DEVELOPER must reapply for approval of SUBDIVISION under the then current County subdivision regulations.If OWNER/DEVELOPER timely completes the Improvements and meets all of the conditions of approval set out in the Final Determination approving the Preliminary Plat and improvements as outlined in this SUBDIVISION Agreement,a Final Plat shall be signed and recorded. Page 2 of 10 Section 5.Control of trash,weeds,dust,erosion,and sedimentation.The OWNER/DEVELOPER shall be fully responsible for all dust abatement,erosion,sedimentation, weed,and trash control on the Property required by any County,State or Federal regulations. OWNER/DEVELOPER shall use best management practices and industry standards for control. Trash shall be contained at all times.The responsibilities in this Section shall run with the land and shall therefore apply before,during,and until completion of Improvements. Section 6.Permits.The OWNER/DEVELOPER is responsible for obtaining all 60’ right-of-way,easements,access,excavation,and other permits and approvals required by local, State,or Federal regulations. Section 7.Inspections.The OWNER/DEVELOPER’s representatives shall make regular inspections and maintain control of SUBDIVISION while it is under construction. Representatives of the County shall have the right to enter upon the Property at any reasonable time to inspect and to determine whether the OWNER/DEVELOPER is in compliance with this Agreement.The OWNER/DEVELOPER shall permit the County and its representatives to enter upon and inspect the Property at reasonable times.The OWNER/DEVELOPER will not materially deviate from the Improvements required herein without the prior written approval of the County,which approval will not be unreasonably withheld. Section 8.Final Inspection and Approval of Improvements.The OWNER/DEVELOPER shall notify the County when it believes that the Improvements have been fully and properly completed and shall request final inspection and approval and acceptance of the Improvements by the County.At the time of such notification to the County,OWNER/DEVELOPER shall submit to County a set of “as built”plans and specifications,prepared by its engineer.The County will provide interim and final inspection of the Improvements within a reasonable time period after notification by the OWNER/DEVELOPER of completion and submission of “as built”plans and specifications.Upon inspection,the County shall give written acceptance of the Improvements or a written checklist of material deficiencies,such noted deficiencies shall be specific as to location and shall specify,in detail,the necessary corrective action to be taken by the OWNER/DEVELOPER.Upon approval of the final inspection,the County shall notify OWNER/DEVELOPER of its acceptance of the Improvements. Section 9.Warranty of the Improvements.The OWNER/DEVELOPER warrants the prompt and satisfactory correction of all defects and deficiencies,for both materials and workmanship, in the Improvements that occur or become evident within one year.If such defect or deficiency occurs or becomes evident during such period,then the OWNER/DEVELOPER shall,within thirty (30)days after written demand by the County to do so,correct it or cause it to be corrected. If the defect or deficiency cannot be reasonably corrected within thirty (30)days after written demand from the County,the OWNER/DEVELOPER shall commence the correction of the deficiency within the thirty (30)day period and proceed with reasonable diligence to correct the same or cause it to be corrected. Page 3 of 10 Section 10.Remedies.In the event the OWNER/DEVELOPER fails to perform any of the terms,conditions or obligations in this Agreement or has not resolved a defect or deficiency under this Agreement,the County,at its option,may exercise any rights and remedies it may have under law.Furthermore,the County reserves the right,in its absolute discretion,to revoke the OWNER/DEVELOPER’s approvals for SUBDIVISION.In the event of said revocation, OWNER/DEVELOPER must reapply for approval of SUBDIVISION under the then current County subdivision regulations. Section 11.Default.If the OWNER/DEVELOPER fails to fully perform any of its obligations in accordance with this Agreement,or fails or refuses to correct any defect or deficiency in the Improvements required by this Agreement,then the OWNER/DEVELOPER shall be in Default of this Agreement.Lincoln County shall notify the OWNER/DEVELOPER of the specific Default or failing.If Default occurs,then Lincoln County shall be entitled to use any of the Remedies in the preceding paragraph at its own discretion. Section 12.Maintenance of Lots.OWNER/DEVELOPER hereby agrees that all unsold lots shall be maintained by the OWNER/DEVELOPER at the OWNER/DEVELOPER’s sole expense. Section 13.Maintenance of Roads.OWNER/DEVELOPER hereby agrees that they will create a binding document either a HOA,CCRs,Road Maintenance Agreement,Special Improvement District,or Mutual Benefit Corporations that at a minimum: a)Provide an entity for ongoing road maintenance including the collection of road maintenance fees; b)Provide an entity for ongoing snow removal including the collection of snow removal fees; c)Ensure road maintenance and snow removal are maintained indefinitely; d)The chosen document must be filed at the time of final plat filing,and bind all current and future owners to the agreement. Section 14.Binding Upon Successors.This Development Agreement shall be binding upon and inure to the benefit of the parties’respective heirs,successors,assigns and personal representatives. Section 15.Notices.Any written notices required herein shall be deemed delivered to the addressee when delivered in person on a business day at the address set forth below or on the third day after being deposited in the United States mail,for delivery by properly addressed, postage prepaid,certified or registered mail,return receipt requested,to the address set forth below. Notices to the County shall be addressed to,or delivered at,the following address: Lincoln County Board of County Commissioners ATTN:Planning Director Planning and Development Office Page 4 of 10 421 Jefferson St.,Suite 701 Afton,Wyoming,83110 Notices to the OWNER/DEVELOPER shall be addressed to,or delivered at,the following address: Palisades Investment,LLC ℅Morgan Funk P.O.Box 3930 Alpine,WY 83128 Section 16.Indemnification. A.No Liability for County Approval or Denial.The OWNER/DEVELOPER acknowledges and agrees (1)that the County is not,and shall not be,in any way liable for any damages,loss or injuries whatsoever,including attorney fees,that may be sustained as the result of the County’s issuance or denial of any permits,inspections,approvals or acceptances of the Improvements or use of any portion of the Improvements,and (2)that the County’s issuance or denial of any permits,inspections,approvals or acceptances does not,and shall not,in any way be deemed to insure the OWNER/DEVELOPER,or any of its heirs,successors,assigns,tenants,or licensees or any third party,against damage or injury of any kind. B.Indemnification.Except as provided below,the OWNER/DEVELOPER agrees to,and does hereby,indemnify the County,and all of its elected and appointed officials,officers, employees,agents and representatives from any and all claims,costs and liability of every kind and nature that may be asserted at any time against any such parties for injury or damage received or sustained by any person or entity in connection with (1)the County’s review of, denial,or approval of any plans,including those for the Improvements,(2)the inspection or issuance of any approval or acceptance of Improvements,(3)the SUBDIVISION,construction, maintenance or use of any portion of the Improvements and (4)the performance by the OWNER/DEVELOPER of its obligations under this Agreement and all related Agreements.The indemnification required herein shall include,but not be limited to,any costs of defense incurred by the indemnified parties including attorney fees and expert witness fees. Section 17.Amendments or Alterations.Any changes,omissions,modifications,revisions, additions or amendments to this Development Agreement shall be incorporated by written instrument,executed and signed by all parties. Section 18.Severability.The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. Section 19.Filing.The County shall have this Agreement recorded in the Office of the Lincoln County Clerk. Section 20.Authority to Execute.The County hereby warrants and represents to the OWNER/DEVELOPER that the persons executing this Agreement on its behalf have been Page 5 of 10 properly authorized to do so by the Board of County Commissioners.The OWNER/DEVELOPER hereby warrants and represents to the County (1)that it is the owner of record of the Property or the owner’s authorized representative,(2)that it has the right,power, and authority to enter into this Agreement and to agree to the terms,provisions,and conditions set forth herein and to bind the subdivision as set forth herein,(3)that all legal action needed to authorize the execution,delivery,and performance of this Agreement have been taken,and (4) that neither the execution of this Agreement nor the performance of the obligations assumed by the OWNER/DEVELOPER hereunder will (i)result in a breach or default under any Agreement to which the OWNER/DEVELOPER is a party or to which it or the subdivision is bound or (ii) violate any statute,law restriction,court order,or Agreement to which the OWNER/DEVELOPER or the subdivision is subject. Section 21.Regulations.The OWNER/DEVELOPER agrees to abide by all regulations,laws and codes of Lincoln County,the State of Wyoming,and the Federal Government. Section 22.Applicable Law/Venue.The construction,interpretation,and enforcement of this Agreement shall be governed by the laws of the State of Wyoming.The Courts of the State of Wyoming shall have jurisdiction over this Agreement and the parties,and the venue shall be the Third Judicial District,Lincoln County,Wyoming. Section 23.Insurance.OWNER/DEVELOPER shall procure,and at all times maintain,general liability insurance to protect from claims for damages because of negligence or bodily injury, including but not limited to death and damages to property,all with coverage limits of no less than one million dollars ($1,000,000.00).Said insurance will also provide coverage to fulfill the OWNER/DEVELOPER’s indemnification requirements set forth herein and be obtained before beginning construction.Upon request,OWNER/DEVELOPER agrees to provide a certificate of liability insurance to County evidencing said limit. Section 24.Entirety of Agreement.This Agreement sets forth all promises,inducements, agreements,condition and understandings between OWNER/DEVELOPER and County relative to the subject matter hereof,and there are no promises,agreements,conditions or understanding, either oral or written,express or implied,between OWNER/DEVELOPER and County,other than as are stated herein.All Exhibits referenced herein are incorporated in this Agreement as if set forth in full including all text information in the Exhibits.In the event of any conflict of terms in this Agreement and any Exhibits,the terms of this Agreement shall control.Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns. Section 25.No Waiver of County Rights.No waiver of any provision of this Agreement will be deemed to constitute a waiver of any other provision nor will it be deemed to constitute a continuity waiver unless expressly provided for;nor will the waiver of any default under this Agreement be deemed a waiver of any subsequent default or defaults of the same type.The County’s failure to exercise any obligation under this Agreement will not constitute the approval of any wrongful act by the OWNER/DEVELOPER or the acceptance of any Improvement. Page 6 of 10 OWNER/DEVELOPER acknowledges that Lincoln County reserves the right to revoke all approvals for SUBDIVISION upon failure to comply with SUBDIVISION conditions of approval,upon any of the violations of Lincoln County Land Use Regulations,or for misrepresentations or material omissions made to the Lincoln County Planning and Engineering Office or Board of County Commissioners. Section 26.Sovereign Immunity.The County does not waive sovereign immunity by entering into this Agreement and specifically retains immunity and all defenses available to it pursuant to law,including government immunity. Section 27.Effective Date.This Agreement shall become valid and binding only upon its approval by the Lincoln County Board of County Commissioners and shall be effective on the date first written above. IN WITNESS WHEREOF,the parties to this Agreement through their duly authorized representatives have executed this Agreement on the days and dates set out below and certify that they have read,understood,and agreed to the terms and conditions of this Agreement. LINCOLN COUNTY ________________________________Date:______________________ _________________________,Chair Board of Lincoln County Commissioners Attest: ________________________________ April Brunski Lincoln County Clerk Page 7 of 10 OWNER/DEVELOPER ________________________________Date:______________________ _________________,Managing Member of Palisades Investments,LLC,a limited liability company STATE OF WYOMING ) )ss COUNTY OF LINCOLN ) The foregoing instrument was acknowledged before me by ___________________, Managing Members of Palisades Investments,LLC,a limited liability company this ____day of ______________2024. Witness my hand and official seal. (SEAL) _____________________________________ Notary Public My Commission expires:________________ Page 8 of 10 EXHIBIT A DESCRIPTION OF PROPERTY Refuge West Fourth Filing,Subdivision 11.90+/-acres within Section 19,Township 37 North,Range 118 West,in,Lincoln County, Wyoming. Page 9 of 10 EXHIBIT B APPROVED PRELIMINARY PLAT See Attached Page 10 of 10 August 29, 2023 Lincoln County Office of Planning and Development P. O. Box 468 Kemmerer, WY 83101 STAR VALLEY CONSERVATION DISTRICT Board of Supervisors has reviewed the proposed West Refuge 4th Filing, major subdivision for Palisades Investment, LLC, in Alpine, Wyoming. The Chapter 23 Water & Wastewater Study has been completed on this project. Any recommendations in the study supersede all recommendations made by the Star Valley Conservation District. Recommended Plat Warnings: SVCD recommends an enhanced septic due to the soils report finding that the soils are likely to have an issue with seepage. Due to high groundwater levels in the Star Valley area, SVCD always recommends soil cuts to determine groundwater levels. If ground water is high, we recommend an enhanced septic system and no basements. Please note that because groundwater is highest in the spring and early summer, that is when we recommend the soil cuts be taken. If soil cuts are done at other times know that static water level can fluctuate according to the amount of high-water runoff from year to year. This report satisfies the Conservation District Review as required by Wyoming State Statute 18-5- 306. No other use is intended or implied. If there is any more information, we can provide for you, please let us know. Yours truly, STAR VALLEY CONSERVATION DISTRICT Rollin Gardner Chairman Subdivision Review West Refuge 4th Filing Major Subdivsion Alpine, Wyoming August 29, 2023 Location The West Refuge 4th Filing, for Palisades Investments- major subdivision is in section 19 T37N R118W, Alpine, Wyoming. The proposed subdivision is +/- 11.39 acres and will be divided into 6 lots. The Chapter 23 Water & Wastewater Study has been completed on this project. Any recommendations in the study supersede all recommendations made by the Star Valley Conservation District. Water Star Valley Conservation District (SVCD) personnel used the State Engineers Water Rights Data Base to obtain groundwater information for this property. Well logs from wells in the vicinity indicated the static water level is between 20 and 70 feet below ground surface. According to Surveyor Scherbel’s Office, owner’s agent, the 6 lots will each have individual wells and septic systems. Due to high groundwater levels in the Star Valley area, SVCD always recommends soil cuts to determine groundwater levels. If ground water is high, we recommend an enhanced septic system and no basements. Please note that because groundwater is highest in the spring and early summer, that is when we recommend the soil cuts be taken. If soil cuts are done at other times know that static water level can fluctuate according to the amount of high-water runoff from year to year. Salt River The Salt River is listed on Table C (Water Bodies with Water Quality Threats) of the Wyoming Department of Environmental Quality (WDEQ) 2020 Section 303(d) List. The Salt River does not support the designated use for contact recreation use due to elevated levels of fecal coliform bacteria. In response to this listing, the Star Valley Conservation District (SVCD) initiated watershed- planning activities for the Salt River Watershed in 2003. The Salt River Watershed Plan has been completed, was formally submitted to WDEQ and was accepted and signed by WDEQ in July 2005. SVCD completed a TMDL for the Salt River in 2016 which was submitted to WDEQ. SVCD continues to monitor the watershed. We have collaborated with landowners to implement fencing and off stream watering for livestock. We also provide a cost share to homeowners to pump septic systems after attending our septic workshops. The Salt River Watershed Plan identifies rural subdivisions as adversely affecting water quality in the Salt River Watershed. Storm water run-off from subdivisions should be managed using best management practices to ensure that pollutants such as storm water runoff, animal wastes, sediment, and fertilizers do not reach the irrigation ditches or other surface waters in the area. If you would like more information on how you can help protect Star Valley’s water please give our office a call at 307-885-7823. National Pollutant Discharge Elimination System (NPDES) The Wyoming Department of Environmental Quality (WYDEQ) requires all construction sites that disturb 1 acre or more to have a construction NPDES permit. The areas do not have to be contiguous. The permit requires construction site operators to implement appropriate erosion and sediment control best management practices, control waste such as discarded building materials, concrete truck wash-out, chemicals, litter, and sanitary wastes. Operators of construction activities must develop a Storm Water Pollution Prevention Plan (SWPPP) that describes the measures to be implemented at the construction site that will eliminate or minimize pollutants from the project from reaching surface waters. The terms and conditions of the permit must be implemented until the land disturbed by construction activities has been ‘finally stabilized.’ Finally stabilized is defined as “all soil disturbing activities at the site have been completed, and a uniform perennial vegetative cover with a density of 70% of the native background vegetative cover for the area has been established on all disturbed unpaved areas and areas not covered by permanent structures”. If construction will disturb 5 or more acres a stormwater permit from WYDEQ is required. For more information regarding the NPDES requirements please contact Katy Sprouse by phone or email at 307-777-7570 (katysprouse@wyo.gove)Anita Rehner, WYDEQ Program Coordinator at 307-777-5622 or (arehner@state.wy.us). Soils The following soils information provided by the Natural Resources Conservation Service (NRCS) Soil Survey of Star Valley Area, Wyoming – Idaho. This information does not eliminate the need for onsite investigation of the soils or for testing and analysis of these soils by a Wyoming Licensed Engineer experienced in the design and construction of engineering work. The proposed subdivision is comprised of 1 soil type, identified as Hobacker gravelly sandy loam (Hb). Limitations: ‘not limited’ indicates that the soil has features that are favorable for the specified use, good performance and very low maintenance can be expected. ‘Somewhat limited’ indicates that the soil has features that are moderately favorable for the specified use. The limitations can be overcome or minimized by special planning, design, and installation. Fair performance and moderate maintenance can be expected. Soils with ‘very limited’ designations indicate that the soil has one or more features that are unfavorable for the specified use. The limitations generally cannot be overcome without major soil reclamation, special design, or expensive installation procedures, poor performance and high maintenance can be expected. Dwelling with and without basements: The degree of limitations for dwellings with and without basements in areas of Hobacker gravelly sandy loam (Hb) is rated as Not Limited. Soil cuts were not conducted as part of this review. Care should be taken not to locate buildings in the intermittent drainage or any drainage channel where overland flooding could occur during early spring snowmelt or heavy thunderstorms. Sewage Disposal: The degree of limitations for septic tank absorption fields for areas containing Hobacker gravelly sandy loam (Hb) is rated as Very Limited due to seepage. Roads and streets: The degree of limitations for roads and streets for areas containing Hobacker gravelly sandy loam (Hb) is Somewhat Limited due to frost action. Shallow excavations: The degree of limitations for shallow excavations for areas containing the Hobacker gravelly sandy loam (Hb) is Very Limited due to cutbanks cave. Erosion Hazard: The potential of erosion hazard for unsurfaced roads and trails and construction sites in areas containing Hobacker gravelly sandy loam (Hb) is rated as Slight. To avoid potential erosion or sedimentation problems all disturbed areas during subdivision construction, especially road banks, need to be mulched and seeded back to adapted grass/legumes and tress/shrubs as soon as possible. Topsoil should be stockpiled and saved during construction, so adequate seedbeds can be prepared in the disturbed areas. Appropriate erosion and sediment control best management practices should be installed and maintained for the duration of the project. Noxious Weeds Lincoln County Weed and Pest report is included separately. Please note and follow the recommendations therein. Lincoln County Weed & Pest furnishes herbicides for noxious weed control at a discount to landowners. Check with Weed and Pest to see if you qualify. They also offer ATV sprayers and 25-gallon pickup sprayers for rent. All visits to the property as well as any consultations are at no charge. To contact Lincoln County Weed and Pest call 307-885-9333 (WEED). Small Acreage Grazing/Livestock Management Please be aware, grazing animals on small acreages can have a significant impact on the condition of soil, water, plants, and other natural resources. Care should be taken to ensure agricultural activities such as grazing, corrals, pastures, feedlots, animal waste storage or spreading does not take place within any wellhead protection zone. Best management practices should be implemented on these parcels to ensure animal wastes does not reach spring or Salt River during times of high water, snow melt, or storm run-off. This can be done by using berms, filters strips, grassed swales and catch ponds. The SVCD recommends the individual lot owners obtain a site-specific grazing and waste management conservation plan from the local Natural Resources Conservation Service office in Afton. The plans are provided free of charge. For more information, please contact the NRCS office in Afton by phone at 307-886-9001. Wildfire and Landscaping: Wildfire is possible in this area. Well planned landscaping can reduce wildfire danger. The home should have a defensible space. SVCD recommends following the guidelines in the University of Wyoming Barnyards and Backyards Living with Wildfire in Wyoming publication. http://www.uwyo.edu/barnbackyard/_files/documents/resources/wildfire2013/wildfire_web.pdf Wildlife Friendly Fencing Fences cause the direct mortality of wildlife through entanglement and prohibition of movement to seasonal ranges. Fences constructed or currently in existence on the property should be designed to allow free and unrestricted movement of wildlife. Wyoming Game and Fish Department recommends fences be built to minimally restrict livestock and horses, while allowing free movement of wildlife (e.g. a smooth bottom wire 16-18 inches above ground, a 39- inch maximum height and at least 12 inches between the top two wires). Wildlife can benefit from any area of open space. For more information please see Fencing Guidelines for Wildlife Wyoming Game & Fish Habitat Extension Bulletin No. 53 at the Wyoming Game and Fish website http://gf.state.wy.us/downloads/pdf/habitat/Bulletin%20No.%2053.pdf. Homeowners should protect ornamental shrubs used for landscaping and future homeowners should know that, by state statute, the Wyoming Game and Fish Department is not liable for damage caused to ornamental plants by wildlife. The potential exists for wildlife conflicts, especially between wildlife and free-ranging domestic pets. The landowner should take precautions to minimize harassment of wildlife by dogs and cats. It is illegal to allow pets to chase or kill wildlife. Likewise, rural landowners should recognize that black bears, mountain lions, and other carnivores may come near their dwellings and may pose a threat to pets allowed to range freely. Sensitive Species and Historical Resources Sensitive, threatened, or endangered species were not evaluated as part of this review. STAR VALLEY CONSERVATION DISTRICT Kay Lynn Nield District Manager State Engineer’s Office HERSCHLER BUILDING,2 WEST CHEYENNE,WYOMING 82002 (307)777-6150 MARK GORDON GOVERNOR BRANDON GEBHART,P.E. STATE ENGINEER October 27,2023 Lincoln County Board of Commissioners 925 Sage Ave.,Suite 302 Kemmerer,WY 83101 planning@lincolncountywy.gov RE:Refuge West Fourth Filing Subdivision 113 MA 23 Dear Commissioners: The State Engineer’s Office Ground Water Division received application material related to the Refuge West Fourth Filing Subdivision from Lincoln County Office of Planning and Development,requesting information and advice. The proposed subdivision is to be located in the SW¼NE1¼of Section 19 of T37N,R118W,Lincoln County,Wyoming.The subdivision consists of 6 lots.The proposed water system is municipal supply from the Town of Alpine.Based upon the review of both the subdivision application and a preliminary search of the agency’s water rights database,the State Engineer’s Office offers the following: Our office reviewed the referenced submittal in compliance with W.S.18-5-306.We find that in respect to W.S.18-5-306(a)(xi)the subdivider needs to address the following items: 1.The water right search revealed that there are no existing water rights of record that attach to the subdivision lands.Given this,further action on the part of the subdivider or his agent in addressing Wyoming Statute 18-5-306 (a)(xi)is not required. Additional Comments: 2.An approved permit from the Wyoming State Engineer’s Office is required prior to the drilling of any water well.The procurement of the necessary and appropriate State Engineer water right permit allows the applicant to attempt to develop a water supply adequate to meet their proposed needs,and is no guarantee that any water will be physically available. 3.If any new wells are proposed,they must be constructed in accordance with the State Engineer’s Office Rules and Regulations,Part III,Water Well Minimum Construction Standards. 4.Any well not to be used must be properly plugged and abandoned as outlined in the above referenced rules and regulations. Surface Water Ground Water Board of Control (307)777-6475 (307)777-6163 (307)777-6178 5.Any wells developed for uses that do NOT fall within the definition of domestic or stock use require adjudication by the Board of Control. In all correspondence regarding this application,please reference “State Engineer Subdivision Review Number 2023-35-12”. If you have any questions,please feel free to contact me at (307)777-2974,or if you prefer email,at wesley.frain1@wyo.gov.Thank you for the opportunity to comment on the subdivision application. Sincerely, Wesley Frain Natural Resources Analyst TRANSMITTED VIA EMAIL Cc:Lisa Lindemann,Administrator,Ground Water Division Jed Rockweiler,Administrator,Surface Water Division Cheryl Timm,Administrator,Board of Control Division Kevin Payne,Superintendent,Water Division IV Mike Johnson,Hydrographer/Commissioner,Water Division IV,District 16 July 14 2021 Kay Lynn Nield An inspection of the proposed (Palisades Investments, LLC) – Alpine Village Circle, within the of Section 19, T37N R119W, 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, Spotted knapweed, Yellow toadflax, Musk thistle, and Canada thistle, were observed on the property. According to Wyoming Statute it is illegal to allow any state or county noxious weed to propagate freely. LCWP will be available to advise how to control any weed problem in the future at this site. These plants need to be controlled before movement of soil and spreading of roots to any other areas. 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, Travis Osmond MS CCA - Supervisor Farrel Hoopes, Private Land Manager Lincoln County Weed and Pest Control Lincoln County Weed and Pest Control 307-885-9333