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Home My WebLink About109 CUP 24 Kearsley Nursery BCC Staff Report 109 CUP 24 BCC LINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS STAFF REPORT Conditional Use Permit Application HEARING TIME AND DATE: 10:00 a.m., July 3, 2024 LOCATION: Lincoln County Courthouse, Commissioner Boardroom 3rd Floor, 925 Sage Ave., Kemmerer, Wyoming & Via Video Conference Afton Branch Office Building Conference Room, 421 Jefferson St., Afton, Wyoming FILE # 109 CUP 24 APPLICANT: Benjamin Kearsley PROJECT NAME: Kearsley Nursery COMMUNITY PLAN AREA: Freedom ZONING: Rural Zone REPRESENTATIVE: Jarom Hartshorn PLANNER: Elizabeth Williams PARCEL ID: 3519-271-00-087 ____________________________________________________________________________________ PROPOSAL: A Conditional Use Permit for a nursery to grow, harvest, and sell trees and other landscape plants. Structures will include a retail center, greenhouses, and other retail buildings and nursery stock areas on 112.5 +/- acres in the Rural Zone. LOCATION: Located two miles west of the Town of Star Valley Ranch, Wyoming in T35N R119W Section 27. ATTACHMENTS: 1. Vicinity Map 2. Site Plan 3. Agency Correspondence PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission recommends that the Board of County Commissioners APPROVE File #109 CUP 24 Kearsley Nursery, a Conditional Use Permit, with: ● Findings of Approval A. through D. ● Conditions of Approval 1. through 4. 109 CUP 24 BCC FINDINGS OF APPROVAL: A. The proposed use, with conditions, is consistent with the goals and objectives of the Lincoln County Comprehensive Plan. B. The proposed use is consistent with the provisions of the Lincoln County Land Use Regulations, specifically: Chapter 3, Section 3.1 Conditional Use Permit Procedures. C. The proposal is consistent with the provisions of Wyoming Statute 18-5-203 providing for Board of County Commissioners authority for zoning regulation of buildings and uses of land. D. The proposed use, with conditions, will not substantially impair the appropriate use of neighboring property; and will serve the public need, convenience and welfare. CONDITIONS OF APPROVAL: 1. The developer/owner shall comply with all of the County, State and Federal laws and regulations. 2. Compliance with agency requirements: The developer/owner shall obtain any and all County, State, and Federal permits, licenses, and other approvals for the construction and/or operation of the project. This may include: Local Fire District, Wyoming Department of Fire Prevention and Electrical Safety (State Fire Marshal), Wyoming State Engineer’s Office (SEO), Wyoming Department of Transportation (WYDOT), Wyoming Game and Fish, Wyoming Department of Environmental Quality (DEQ), Army Corps of Engineers, Bureau of Land Management (BLM), and/or Environmental Protection Agency (EPA). 3. Future retail space must be plant nursery or greenhouse related. 4. Public and residential access must be directed to the Highway 239 access. Wyoming Game and Fish Department: To avoid the potential for wildlife damage issues into the future, the Department recommends the nursery consider exclusionary fencing around pertinent sections of the nursery grounds. WYDOT: With respect to any on-site improvements (cul-de-sac, septic, drain fields, landscaping, etc.) along US 89 frontage, set back from existing highway right-of-way must be considered for the future highway widening in this area. UV239 £¤89 Star Valley Ranch 30 31 32 2019 18 29 17 36 15 21 14 25 34 13 33 16 26 35 28 2422 27 23 35N 118W35N 119W ³±115 ³±116UV239 Grace Lane Nelson LaneDick Casull LoopLaker LaneCrater Lane £¤89MCYOUNG, LANCE & JODIE DARWAY, EARL J TRUSTEE HEINER,LADELL NELSON, AD & CP FAM TRUST NELSON, AD & CP FAM TRUST STONE, KAMIEJ TRUSTEE PIERCE, LYNETTE MREVOCABLE TRUST NELSON, THOMASE & MICHAEL B SUCC CO-TRUSTEES FREEDOM55 LLC TUELLER, CADE D & OAKLEYFREEDOMARMS, INC.SANDERS, CURTIS R& SHANNA B BIRD MIRICA, SILVIU NELSON, MICHAEL B NELSON, JOHN D STONE, KAMIE J TRUSTEE NELSON, AD & CP FAM TRUST STONE, KAMIE J TRUSTEEJENKINS, THERAS JENKINS, KENDALL E.& EILEEN G. 4SOM, LLC JENKINS, KENDALL ETAL JENKINS, KENDALL SILVER STARTELEPHONE JENKINS, TROY L 4SOM, LLC CAN GRA FREEDOM, LLC PRATT, JEFFREY S CTGXHOLDINGS, LLC FINDLAY, BRET & RICHARD Z CLYDE CONGER, JOE B & TERRI L GREENGATEFARM EDNA VALLEY, LLC STARCEVICH, NAOMIMEEHAN, TIM TROGDON, TERRY A & STEVEN A TRUSTEES ALMANZA, VALENTIN & CIRIA HOLDEN DANNIELLEL & HOYT MOUDY,MAATTHEW J & CHRISTINE APETERS,DAVID OWENS, STEPHEN E JR & CAROL E TRUSTEES EWINGS, AMY FRERICKS,MATTHEW D ETAL RUSCHILL, RUSSELL H & LISA FIELDS, GYPSY GLORIATRESPASS RANCH, LLC HUNT, JASON & KIMBERLY QUIGLEY, TERIL & GARY H DEAN VIGIL,RUBIN ATRESPASSRANCH, LLC WORSTER, AMY MTRUSTEE HUNT, JASON D& KIMBERLEY WORSTER, AMY M TRUSTEE CLARKE,CRAIG A & CARMEN R SCHUPMAN, JOSEPH M & CARLY LHUNT, DAVID A JR ORTIZ, LUIS III & SARA A TRUSTEES COLLINS, DAVID & SARAH N MOORE, JAMES A& MARGARET E DALTON, R ALLISON TRUSTEE EGGLESTON, CARL O SUCCESSOR TRUSTEE TRESPASS RANCH, LLC TRESPASS RANCH,LLC WOOLWINE,DANIEL J ETAL OSORIO, FEDERICO &PAULA ORTIZ EGGLESTON, CARL O SUCCESSOR TRUSTEE SANDERS, JOHN J THE TWILIGHT RIFT, LLC HARRELL, ERIC J CLARKRANCH, LLC MCINTYRE, TAMMY M HOCHSCHULER,STEPHEN H & KIMBERLY A TRUSTEES WOLFLEY, CORY B &PAMELA S NELSON,HOPE NELSON,THOMAS E SILVERSTAR TELEPHONE CO INC TUELLER, CADE D & OAKLEY CONGER, JOE B & TERRI L DEVENY, JANETTE TRESPASS RANCH,LLC HILLMAN, BRUCE NEWMAN,MICHAEL S BITTY, LLC HEINER STORAGE, LLC THE TWILIGHT RIFT, LLC MILLER, GAVIN & ALICIA C TOPSIDE DEVELOPMENT LLC GOLDENDOG DEVELOPMENTS LLC CAN GRA FREEDOM,LLC DARWAY, EARL J TRUSTEE DARWAY, EARL J CORDON, ADAM ETAL FINDLAY, BRET & RICHARD Z CLYDE CTGXHOLDINGS, LLC CTGX HOLDINGS,LLCCTGXHOLDINGS, LLC CTGX HOLDINGS, LLC CTGXHOLDINGS, LLC CTGX HOLDINGS, LLC GOLDEN DOG DEVELOPMENTSLLC GOLDEN DOGDEVELOPMENTS LLC HEINER, ERIC & CHANTAL GOLDEN DOG DEVELOPMENTSLLCGOLDEN DOG DEVELOPMENTSLLC TOPSIDE DEVELOPMENTLLCTOPSIDE DEVELOPMENT LLC TOPSIDEDEVELOPMENT LLC RICHARDS,CARRIE & SHAWN LEARYTOPSIDE DEVELOPMENT LLCSUTTON, MATT GOLDEN DOG DEVELOPMENTSLLC Maxar Conditional Use Permit Application Roads Road_Type US Highways WY Highways Projects Township & Range Sections Municipalities Public Noticing File No 109 CUP 24 Kearsley Nursery The Twilight Rift, LLC Prepared using available data by Katie Gipson on 24 May 2024. Map is for informational purposes only and in no way represents an official survey of land. Site Map and Building Summary In this sec�on we would like to offer a simple breakdown of the site map and the different phases of building. 1. The total parcel of land is 112.53 acres located west of highway 89 between Thayne and Etna at the intersec�on of Hwy 89 and Hwy 239. Most of the land (Appx. 100 acres) will be used for growing trees and shrubs to later be harvested and sold to the landscape industry. The remaining 10-15 acres located on the southernmost side of the property is where the shop, greenhouses, and retail centers will be located. 2. Phase one of building will be the shop. The building permit for the shop has been executed and construc�on is in process. The shop is 80’X130’. It will be used primarily for the storing and maintaining of equipment used on the tree farm. The southernmost 20’ of the shop has an apartment for employees, as well as a breakroom for employees. Both the breakroom and apartment will be equipped with showers for the protec�on of employees. The shop will be private, and the public will not be invited into the shop. There will also be landscape screening and landscaping done on west fence line to the field, south property lines, and around the shop. This will be to help screen the shop area plus the loading and unloading of semi-trucks. Most of the loading and unloading bulk B&B trees will be done primarily just north of the shop as indicated. See atached plans for details on shop structure. Plans are atached in this sec�on. 3. Phase two of building will be the retail center and two greenhouses. These buildings will be located southeast of the shop on the southeast side of the property. The retail center will be a two-story building, measuring 50’X70 on main level and 50’X50’ on second level and not to exceed 30’ tall. Atached to the retail center will be two greenhouses measuring 41’X96’, and 10’ at the side wall and not to exceed 30’ at peak height. The retail center and greenhouses will be open to the public and we will sell plants, trees, and other landscaping supplies out of there. The second level is primarily addi�onal office space, and some storage. There will also be landscaping and tree screening around the retail center. Concept plans are atached in this sec�on. Plans will be finalized and submited for building permits upon condi�onal use permit approval. 4. Phase three of building will be the two addi�onal retail buildings atached to the west side of greenhouse 2. The buildings would house complementary businesses for the garden center, e.g. irriga�on supply or hardscape supply. These will be done in a similar manner of the first retail center. Addi�onal plans are atached for review. June 7, 2024 WER 4512.28 Lincoln County Office of Planning and Development 109 CUP 24 Kearsley Nursery Lincoln County Katie Gipson Planner I Lincoln County Office of Planning and Development 925 Sage Ave. STE 201 Kemmerer, WY 83101 Katie.gipson@lincolncountywy.gov Dear Ms. Gipson, The staff of the Wyoming Game and Fish Department (Department) has reviewed the proposed 109 CUP 24 Kearsley Nursery in Lincoln County. The Department is statutorily charged with managing and protecting all Wyoming wildlife (W.S. 23-1-103). Pursuant to our mission, we offer the following comments for your consideration. The Conditional Use Permit is for a nursery to grow, harvest, and sell trees and other landscape plants. Buildings include retail centers, greenhouses, and nursery stock areas. The nursery location has limited wildlife value. To avoid the potential for wildlife damage issues into the future, the Department recommends the nursery consider exclusionary fencing around pertinent sections of the nursery grounds. Thank you for the opportunity to comment. If you have any questions or concerns please contact Ross Crandall, Habitat Protection Biologist, at (307) 367-5615. Sincerely, Will Schultz Habitat Protection Supervisor Elizabeth Williams <elizabeth.williams@lincolncountywy.gov> Public Notice for 109 CUP 24 Kearsley Nursery Darin Kaufman <darin.kaufman@wyo.gov>Thu, Jun 6, 2024 at 10:51 AM To: Katie Gipson <katie.gipson@lincolncountywy.gov>, Planning <planning@lincolncountywy.gov> Katie, Thank you for the opportunity to comment. WYDOT has no objections for the proposed nursery and offers the following comments. For any new utility construction within WYDOT right-of-way, the utility companies/owner shall obtain the necessary M-54 utility license via the new on-line permitting process, MainStar, located at https://usa.maintstar.co/Wyoming/Logon.aspx. Currently WYDOT requires any utility company needing access to the MainStar system to contact the local District Office for the license or permit, or to email dot.utilities@wyo.gov to set up your login credentials. An M-21 permit is necessary for new utility connections to existing permitted utilitieswithin WYDOT R/W. WYDOT Utilities Section can be found at the following link: http://www.dot.state.wy.us/home/engineering_technical_programs/utilities_section.html For any new access or additional change in use (i.e. from nursery/tree farm to additionalretail uses) of an existing permitted access onto a state highway, the property owner ofrecord must obtain an M-3A access application from WYDOT. The application can befound at https://www.dot.state.wy.us/home/engineering_technical_programs/manuals_publications.html. In addition, the applicant may be required to perform and submit a traffic impact study. At a minimum, provide daily and peak hour traffic the proposed nursery and retail willgenerate. With respect to any on-site improvements (cul-de-sac, septic, drain fields, landscaping,etc.) along US 89 frontage, set back from existing highway right-of-way must beconsidered for the future highway widening in this area. Thank you. Darin Kaufman, P.E., PTOE WYDOT District 3 Traffic Engineer 3200 Elk Street Rock Springs, WY 82902 Office: 307.352.3034 Cell: 307.389.0235 On Tue, Jun 4, 2024 at 3:56 PM Darin Kaufman <darin.kaufman@wyo.gov> wrote: Katie, do you happen to have available a site map and proposed site plan? Thank you. 6/11/24, 12:51 PM LINCOLN COUNTY WYOMING Mail - Public Notice for 109 CUP 24 Kearsley Nursery https://mail.google.com/mail/u/0/?ik=8e4afe6fc8&view=pt&search=all&permmsgid=msg-f:1801131328747429898&simpl=msg-f:1801131328747429898 1/2