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HomeMy WebLinkAboutApril 2024 PNZ Mins Page 1 of 7 LINCOLN COUNTY PLANNING AND ZONING COMMISSION MEETING MINUTES Wednesday, April 17, 2024 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 Allen called the meeting to order at 6:01 pm. A quorum was established. II. INTRODUCTION OF PZC MEMBERS Planning Commission Members: Karen Anderson, Chair Allen Smoot, Vice Chair Tom Crank Chad Jensen (Absent) Pam Price Lincoln County Staff: Stephen Allen, Chief of Staff / Interim Planning Director Austin Dunlap, Deputy County Attorney Elizabeth Williams, Planner II Katie Gipson, Planner I Mikayla Hibbert, Planning Tech / Office Specialist III. ADOPTION OF AGENDA Stephen requested that the Planning and Zoning Board would add a 30 day notice for the Road Land Use Regulation Changes and an optional Executive Session under Other Planning Matters. Allen made a motion to add the two requested additions to the agenda and to adopt the amended agenda. Pam seconded. Motion carried 4-0. IV. APPROVAL OF MINUTES Karen questioned if anyone had any proposed changes to the March 13th meeting minutes. Allen made a motion to approve the March 13th minutes. Pam seconded. Motion carried 4-0. Karen questioned if anyone had any proposed changes to the March 20th meeting minutes. Allen made a motion to approve the March 20th minutes. Pam seconded. Tom abstained. Motion carried 3-0. V. DEVELOPMENT REPORT Mikayla presented the Development Report for February 26, 2024 to March 24, 2024. Allen questioned what the permits highlighted in yellow represented. Mikayla answered that these indicated the permits that were in South Lincoln County. VI. 104 RZ 24 SALT RIVER ROOFING REZONE Page 2 of 7 Katie presented the project. The property owner’s representative was present. Karen opened up the Public Hearing. Hearing no comments, Karen closed the Public Hearing. Allen made a motion to send a recommendation of approval to the Board of County Commissioners for File #104 RZ 24, Salt River Roofing Rezone with: Findings of Approval A. through C. and with a Resolution of Approval. Tom seconded. Motion passed 4-0. VII. 103 CUP 24 HAYSTACK VEHICLE STORAGE Elizabeth presented the project. Elizabeth stated that there was a letter received today at 5:30 p.m. from Scott and Carolyn Titensor. Allen questioned if these roads would be paved. Elizabeth stated that it is gravel and she is unsure of any plans for paving. Karen questioned if Austin could tell the Planning and Zoning Board what state statutes were mentioned in the letter from the Titensors, and what they entailed. Karen questioned the drainage plan. Elizabeth stated that the land drained to the southwest. Tom questioned if the snow storage was adequate. Discussion ensued between the Commission regarding drainage and snow removal. Karen questioned what types of vehicles could be stored in these areas. Elizabeth answered that it was not specified, and could be whatever fits in the spots. Karen questioned what was on the properties to the east. Elizabeth stated that she did not know if there were any residential structures on these properties or what the intent of the owners would be. Karen questioned if the access was off of Starbuck Drive and if there would be a large influx of traffic. Elizabeth stated that the entrance was off of Starbuck Drive, and that planning staff does not think there would be a huge influx because these are long term vehicle parking and not vehicles being parked and picked up daily. Austin explained the state statutes that were listed in the letter. Jason Wolfley, project’s applicant, stated that he was available for questions. Karen asked Jason if there were cars being stored there currently. Jason answered that there were. Jason explained that he was unaware that he needed another permit to allow him to have the vehicles stored in the area, and have been trying to come into compliance since finding that out. Karen questioned how many vehicles are parked there currently. Jason stated that there are about 40 vehicles stored currently. Karen questioned the drainage. Jason stated that all the drainage currently goes in a borrow pit for vegetation. Karen questioned how the parking spaces would be designated. Jason stated that it would be with spray paint on the gravel. Karen questioned if Jason would be willing to reduce the number of parking spaces. Jason stated that his intent is to not have the allotted amount, but rather to build enclosed parking as time and funds allow. There was discussion about Jason being in violation currently cited. Stephen stated that there is no official violation regarding the outdoor parking at this time. Stephen stated that Jason has been working with the Planning Office to come into compliance. Tom questioned if there could be any oilfield equipment parked in the area as well as questions regarding drainage. Jason stated that there would not be that kind of equipment Page 3 of 7 permitted. Karen questioned if there had been anyone staying in their vehicles on the property. Jason stated that he is not aware of that ever happening. Karen questioned if there were any fencing. Jason stated that he has not put any fences up around his property, but that there is an existing fence that does cut off his property about 16 feet. Karen opened up the Public Hearing. Carolyn Titensor shared photos as well as grievances concerning the property and proposed project. Some grievances that Carolyn shared included lighting, fence issues, garbage, construction at odd hours, traffic, using the canal improperly, and the general aesthetic. Roger Smith, neighboring property owner to the south, stated that he does not like the aesthetic that the storage units, and now outdoor parking appear. Roger also stated that there are several Connex containers on the lot. Sam Titensor, neighboring property owner, stated that he does not like the visual the property is creating for the surrounding property owners. Sam also stated that he is worried about the dogs that come from the property to his house. Sam asked for a visual barrier. Karen closed the Public Hearing. Discussion ensued between planning staff, Planning and Zoning Commission regarding buffering, fences, and potential motions. Karen questioned Jason what he was willing and unwilling to do regarding buffering, and the amount of outdoor vehicle parking spots. Karen allowed comment from Jason Wolfley. Jason stated that according to the regulations a natural berm is allowed for buffering. Karen made a motion to deny File #103 CUP 24 because the proposed use is not consistent with the goals and objectives of the Lincoln County Comprehensive Plan and that the proposed use will substantially impair the appropriate use neighboring properties; and will not serve the public need, convenience and welfare. No second. Motion failed. There were no other motions made by the Board. No recommendation would be sent to the Board of County Commissioners regarding this project. It was stated that this project would come before the Board of County Commissioners May 8th at 10 a.m. VIII. 104 CUP 24 CHAPARRO 4 – PLEX Mikayla presented the project. Allen questioned the violation that was sent. Mikayla stated that there was a violation letter sent, but upon receiving the letter the owner has been working with planning staff to come into compliance. Karen questioned if the double wide home has a foundation. Mikayla answered that the plan is to have the double wide home on a foundation once it is approved. Tom questioned the setback for the leach field from the property line. Mikayla stated that the applicant is working with Sunrise Engineering for their septic system, and it is being permitted through DEQ and they will be required to meet all setbacks. The developer, James Miller, responded to the violation letter that he received confirming that he was working on coming into compliance. James stated that he does intend to put the double wide on a foundation once it is permitted. James stated that there is an updated site plan that shows the leach field meeting the setback. James showed the Planning and Zoning Commission the new updates to the 4-plex. Page 4 of 7 Karen questioned if there would be additional parking. James responded that there will be no parking added, but that there is plenty of space. Dave Kennington, with Sunrise Engineering, stated that he is working with WDEQ for the septic permitting. There was discussion on allowing the now permitted 8 bedrooms septic system to still be used. Dave stated that the new system is being put in due to the owner’s request. Allen questioned how long the permit for the new septic system would take for approval. Dave answered that it could take months for the new UIC permit to be approved. Karen opened up the Public Hearing. Hearing no comments, Karen closed the Public Hearing. Allen questioned the original permit and that it did require fencing around the parking lot. Allen stated that he would like the developer to have to put up a fence that would help screen the parking lot from the road. There was discussion on the new septic system being put in, and the number of bedrooms that could be occupied during the permitting process. Allen made a motion to send a recommendation of approval to the Board of County Commissioners for File # 104 CUP 24 Chaparro 4 – Plex, a Conditional Use Permit Application, with: Findings of Approval A. thru D., and Conditions of Approval 1. thru 5. with Condition of Approval 4 being that the original requirement of a six foot high screened fence be put up to hide the parking from Highway 89 and Condition of Approval 5 that the existing apartment building can proceed with its remodel so long as the number of occupied bedrooms does not exceed the approved DEQ permit. Tom seconded. Motion passed 4-0. It was stated that this project would come before the Board of County Commissioners May 8th at 10 a.m. IX. 107 MP 24 FOUNDERS PARK MASTER PLAN Elizabeth presented the project. Pam questioned what the commercial lot would be used for. Elizabeth stated that she did not know. Tom questioned why the road design changed. Elizabeth responded that she was unsure as to why the new design was requested. Marlowe Scherbel, developer’s representative, and Ted Wagner, developer, were present for questions. Ted stated that the commercial property would be a commercial use that is not yet determined as it will require additional permitting. Ted explained that he is in the process of purchasing the property to the south, and the new road design will aid him with developing that land once acquired. Ted explained that the frontage road was mandated by WYDOT. There were questions concerning what lots were multi- family lots. Marlowe stated that Lots 27, 28, and 3 were multi family lots. Allen questioned why the well location was moved. Ted answered that it was moved to aid in the development of land once the property to the south was acquired. Karen opened up the Public Hearing. Hearing no comments, Karen closed the Public Hearing. There was discussion concerning Conditions of Approval and possible amendments. Discussion concerning Open Space ensued. Karen made a motion to send a recommendation of approval for File # 107 MP 24 a Conditional Use Permit Master Plan modification for Founders Park with: Findings of Approval A. through D. Conditions of Approval 1. through 6. with amendments to the proposal that it Page 5 of 7 states Phase I – Commercial Lot 1, Park Lots 2, 8, Multi Family Lot 3, Single Family Lots 4, 5, 6, 7, 9, 10, 11, and 12, with amendment to Condition of Approval 3. reading, the developer shall move the proposed well site so that the entire water well protection area is within the proposed subdivision, or have an easement for a wellhead protection site with the property owner to the south. Tom seconded. Motion passed 4-0. X. 103 MA 24 FOUNDERS PARK SUBDIVSION Elizabeth presented the project. Elizabeth stated that there needs to be amendment to the recommendation to add that a Recommendation for the Board of County Commission to sign the Development Agreements labeled as Phase I. Tom questioned who would be building the bike path, if there were any regulations regarding bike paths, and if this bike easement would be granted to an HOA or someone in the Certificate of Owners on the plat. Discussion continued. Ted Wagner, developer, stated that they would like to move the bike path so that it followed the road and be in the road easement. It was decided that the bike path would be eight feet wide. Ted and Marlowe questioned the 26 foot road way width since it was an asphalt road if this was 26 foot asphalt with shoulders or 24 foot asphalt with one foot shoulders on each side. It was questioned if the 70 foot radius cul-de-sac was all paved or if there was just a 70 foot radius easement required. Discussion continued. Karen stated that she would like to leave the Conditions of Approval as written, and if the Board of County Commissioners want it differently, they can change it. Karen opened up the Public Hearing. Hearing no comments, Karen closed the Public Hearing. Karen made a motion to planning staff recommends that the Planning and Zoning Commission send a recommendation of approval to the Board of County Commissioners for File # 103 MA 24 a Major Subdivision Preliminary Plat, with: Findings of Approval A. thru C., Conditions of Approval 1. thru 6. with the following revisions: Condition of Approval 2 reading, the developer shall move the proposed well site so that the entire water well protection area is within the proposed subdivision, or have an easement for a wellhead protection site with the property owner to the south, Condition of Approval 4 reading, the developer shall construct an approved subdivision road with a minimum 26 foot roadway width and a cul-de-sac with a 70 foot radius, and construct a bike path eight feet wide, Condition of Approval 5 reading, the two community park lots shall be labeled as Community Park Open Space on the plat. The Certificate of Owners shall include a statement granting the Community Park Open Space to the HOA, and a Recommendation for the Board Chairman to sign the Development Agreement labeled as Phase I. Allen seconded. Motion passed 4-0. XI. 102 MA 24 HARMON SUBDIVISION FIFTH FILING Mikayla presented the project. Mikayla explained that Condition of Approval 4 asking for the 70 foot radius cul-de-sac would need to be amended to a 60 foot radius cul-de-sac due to the already platted easement for the cul-de-sac. Mikayla stated that the Development Agreement would also need to be amended to reflect the 60 foot radius cul-de-sac. Mikayla stated that the planning office did contact the local fire chief to ask if a 60 foot radius would be sufficient, and that he stated it would be appropriate due to the easement constraints. Page 6 of 7 Karen questioned if the local fire chief had provided a letter. Mikayla stated that the information was received verbally over the phone that day. Karen questioned if we could request a letter from the fire chief. Mikayla responded that one could be requested if that was what the Planning and Zoning Board would want. Tom suggested that the wording on Condition of Approval 4 be changed to be clearer. Marlowe Scherbel, developer’s representative, stated that Condition of Approval 6 be amended to only be applicable to three lots rather than the seven that is in the current DEQ warning. Marlowe explained that this is a four lot subdivision and one of those lots already has a standard septic system, and so would only be applicable to the 3 remaining lots. Discussion continued. Mikayla stated that she would be amenable to changing DEQ’s plat warning to state four lots due to this being a four lot subdivision, but that it would have to be all four lots in the subdivision. Mikayla explained that all septic permits need to be engineered for these four lots moving forward. There was clarification that the existing system would not have to be updated unless it needed to be replaced or need a new permit. Marlowe asked if planning staff was asking the developer to update the already constructed subdivision road that has a 20 foot roadway width to the 26 foot road way width as it was decided with previous staff. Karen opened up the Public Hearing. Hearing no comments, Karen closed the Public Hearing. Karen made a motion send a recommendation of approval to the Board of County Commissioners for File # 102 MA 24 Harmon Subdivision Fifth Filing, a Major Subdivision Preliminary Plat, with: Findings of Approval A. thru C., Conditions of Approval 1. thru 6 with the following modifications to Condition of Approval 4 reading, the developer shall construct an approved subdivision road with the minimum: 26 foot roadway width from the loop at the end of the existing Harmon Lane through the existing 60 foot radius cul-de-sac south of Lots 11 & 12., Condition of Approval 6 reading, all four lots within the Harmon Subdivision 5th Filing, and a recommendation for the Board of County Commissioners to sign the Development Agreement with the modification of the 60 foot radius cul-de-sac. Allen seconded. Motion passed 4-0. XII. OTHER PLANNING MATTERS Elizabeth presented the request to begin a 30 day notice for the Road Standards Land Use Regulations. There was discussion regarding the current Land Use Regulations, and how planning staff should request for the notice. Allen made a motion to start the 30 day notice for the Road Standard Land Use Regulation Changes. Pam seconded. Motion passed 3-1. Allen made a motion to go into Executive Session at 9:40 p.m. Pam seconded. Motion passed 4-0. Allen made a motion to come out of executive session and resume regular session at 9:56 p.m. Pam seconded. ADJOURNMENT Allen made a motion to adjourn. Pam seconded. The meeting was adjourned at 10:00 p.m. Page 7 of 7 The minutes from the April 17, 2024 Planning and Zoning Commission meeting were approved on the _____ day of _________________ , 2024. _____________________________________ _____________________________________ Chair Dated Director Dated