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HomeMy WebLinkAbout814 AP 24 Trail Ridge Subdivision 4th Filing 814 AP 24 BCC LINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS STAFF REPORT Amended Subdivision Plat HEARING TIME AND DATE: 2:00 p.m., October 22, 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 # 814 AP 24 APPLICANTS: Wes Banks, Trail Ridge POA, and 159 Acres, LLC c/o Scott Mitchell PROJECT NAME: Trail Ridge Subdivision 4th Filing ZONING: Rural COMMUNITY PLAN: Alpine SURVEYOR: Surveyor Scherbel, Ltd. PLANNING STAFF: Katie Gipson PARCEL ID: 3619-151-00-461, 3619-151-00-462 PROPOSAL: This is a request for an amendment to realign the end of Falcon Drive with the addition of a cul-de-sac turnaround. This realignment will adjust the southern boundary of existing Lot 60 and the northern boundary of existing Lot 61. Additionally, existing Lot 60 will increase in size with a boundary adjustment on the eastern lot line. This adjustment will increase existing Lot 60 to 6.25 acres. New Lot numbers will be assigned as shown on the attached plat. The project site is accessed off of Falcon Drive and within the Rural Zone. LOCATION: The parcel is located 3.4 miles south of the Town of Alpine, Wyoming, in T36N, R119W, Sections 10 and 15. ATTACHMENTS: 1. Amended Plat 2. Vicinity Map 3. Public Comment 4. POA Minutes PLANNING STAFF RECOMMENDATION: Planning Staff recommends that the Board of County Commissioners DENY File #814 AP 24, Trail Ridge Subdivision 4th Filing, with: ● Finding of Denial A. 814 AP 24 BCC FINDING OF DENIAL: A. The proposed amended subdivision plat is not consistent with the policies, procedures and standards of the Lincoln County Land Use Regulations. Specifically, the policies found in Section 4.7 Amendments to Approved Subdivisions, providing for plat vacation and partial plat vacation where such vacating does not abridge or destroy any of the rights and privileges of other proprietors in said plat. Background: This Amended Plat was brought before the Board of County Commissioners on August 14, 2024. There were concerns from neighboring land owners within the Property Owners Association (POA) regarding the validity of the application. The Board of County Commissioners tabled the proposal to the October 2, 2024 BCC meeting to allow for further POA discussion. Planning Staff requested a copy of the minutes from the POA meeting. The minutes from the POA meeting are attached to this report. It is not clear if the POA approves of the proposed Amended Plat based on the minutes provided. The Board of County Commissioners heard the proposal again on October 2, 2024. After hearing the applicant’s comments, representative comments and public comments, the Board of County Commissioners tabled the proposal to the October 22, 2024 BCC meeting. This was to allow the applicants time to provide documentation that the POA approves of the project and documentation stating who the authorized representative for the POA is. The applicant has not provided any additional information to Planning staff. £¤89 Alpine 2221 32 23 2529 35 24 34 20 36 2830 31 33 26 19 27 30 19 31 2018 32 17 29 15 08 16 10 04 17 06 18 05 0907 13 09 10 16 12 010204 11 15 03 14 37N 118W 37N 117W 36N 119W 36N 118W Lynx TrailHa w t h o r n D r i v e Badger Road OspreyLaneHawthornDriveShadow CircleShadowRidgeTrailMartenPlaceCorral R o a dBuf falo Dr ive AspenLaneTrail Ri d g e R o a d Falcon Drive HIGH COUNTRYSOLUTIONS LLC ATTANASIO, JEREMIAH MONCUR, GREGORYN & CELENA MONCUR,GREGORY N & CELENA TOWN ROAD GWIN, SAMUELC & MARGARET J TRUSTEESMCLAULIN, THOMAS & ANNE MCNIGHT, EDWIN G & JANICE A WEIGEL, DENNIS M BROKEN WHEEL RANCH ISD REEVES, FRANK P & KATHLEEN MATTANASIO, JEREMIAH SCHNOOR, MELINDA SORENSEN, JOYCE G TRST. AUSTIN, ROBER A &ADA C SCHNOOR, MELINDA FEIK,FREDERICK G & SUSAN SCHNEIDER, KERRY BANKS, WES HERRING, JIMMY RTRUSTEE BRIDGE T INVESTMENTS, LLC STALENSKI, BONNIE A ROY, DONALD J BANKS, WES CORN, CARL N TREASURE, JOHN B& MOLLY BANKS, WES KENDALL,CRAIG L & WENDY J CUSHNER,WILLIAM C COOPER, MICHAEL J HERRING, JIMMY RTRUSTEE GARCIA,ARMANDO M & WENDY M LABRA HERNANDEZ, RENE & MERISELACHECKER OTTLEY,DAVID J & KERRI L SWAINSTON, KEVIN ETAL HAAS, SCOTT & LACEYJENNINGS, DAVE &BILLI TETON MANAGEMENTCONSULTANTS, TRUSTEE TRAIL RIDGEPROPERTY OWNERS ASSOCIATION SCHWERDTFEGER, JEFFREY M& JULIA A ELLINGSON CHRISTENSEN,GARY L SCHNEIDER,KERRY TRAIL SPRINGS,LLC 159ACRES, LLC MARTINY,JAMES P & TRACEY R GRIEST,LINDA R MARINO,SUZANNE & DANIELMCMULLEN,WILLIAM C III & HOLLY S ANDERSON, STEVEN C & LISA A HERRING,JIMMY R TRUSTEES BUCKINGHAM,DUANE W TRUSTEE GRUPP, MATTHEW P & CAROLE L YOUNG, KENNETH A &PATRICIA G GENZLINGER, LYNN PTRUSTEEGENZLINGER, LYNN PTRUSTEENELSON, BRYAN HOOD, B SCOTT & DAYNA A TRUSTEES EVERTSEN, JOSHUAE & SHAWN E TRUSTEES HERRING,JIMMY R TRUSTEE HERRING, JIMMYR TRUSTEE EVERTSEN, JOSHUA E & SHAWN E TRUSTEES NELSON, BRYAN GANZLINGER,LYNN P TRUSTEE GENZLINGER,LYNN P TRUSTEE COOPER,MICHAEL J SMITS, THOMAS A & CATHERINE S BRIDGE INVESTMENTS,LLC VAMCINVT, LLC Maxar, Microsoft Amended Plat Application Projects US Highways WY Highways Township & Range Sections Municipalities Public Noticing File No. 814 AP 24 Trail Ridge Subdivision 4th Filing Wes Banks, Trail Ridge POA, and 159 Acres, LLC c/o Scott Mitchell Prepared using available data by Katie Gipson on 31 July 2024. Map is for informational purposes only and in no way represents an official survey of land. Mikayla Hibbert <mikayla.hibbert@lincolncountywy.gov> TrailRidge Easementq Proposal 1 message Derek Albee <derekalbee83@gmail.com>Tue, Aug 13, 2024 at 6:43 PM To: "planning@lincolncountywy.gov" <planning@lincolncountywy.gov> Good evening, my name is Derek Albee and I am the owner of 39 Trail Ridge Rd in Alpine WY. I would like to see the proposal for tomorrow tabled for now, if for no other reason than the vast majority of the neighborhood (including myself) only learned of this yesterday. It honestly seems like a backdoor deal that could negatively impact the already limited resources of a neighborhood with many existing problems. Thank you. Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android 8/14/24, 1:28 PM LINCOLN COUNTY WYOMING Mail - TrailRidge Easementq Proposal https://mail.google.com/mail/u/0/?ik=a4a0f18f1e&view=pt&search=all&permthid=thread-f:1807321607169436897&simpl=msg-f:1807321607169436897 1/1 Mikayla Hibbert <mikayla.hibbert@lincolncountywy.gov> Trail Ridge Subdivision 4th Filing # 814 AP 24 1 message bashworth@silverstar.com <bashworth@silverstar.com>Tue, Aug 13, 2024 at 7:49 PM To: kent.connelly@lincolncountywy.gov Cc: jerry.hansen@lincolncountywy.gov, teri.bowers@lincolncountywy.gov, planning@lincolncountywy.gov Hello Comissioner Connelly, I am a property owner in Trail Ridge Subdivision. I ask this item is not be approved by the Lincoln County Board of County Commissioners and be continued. The Trail Ridge Subdivision Property Owners Association (POA) Board did not meet to approve the road realignment, lot boundary adjustments and increases in Filing # 814 AP 24 until Monday, August 12, 2024. Therefore, any letters or signature on the application signed by the Trail Ridge POA Board President Wes Banks representing the Trail Ridge POA prior to this date are not a valid representation of approval from the Trail Ridge POA and should be dismissed. Further, the special meeting held by the Trail Ridge POA on Monday August 12, 2024 was not noticed for 15 days as required by the Trail Ridge Subdivision By Laws. Therefore any decisions made at that meeting are also invalidated. Again, I request that this item not be approved and the item be continued until the Trail Ridge POA board has time inform the Trail Ridge property owners of the filing and impact to roads and easements in the subdivision, notify the Trail Ridge property owners of a Special Meeting, take comment on item and vote on the issue according to the Trail Ridge Subdivision By Laws. Thank you, Brenda Ashworth 8/14/24, 1:28 PM LINCOLN COUNTY WYOMING Mail - Trail Ridge Subdivision 4th Filing # 814 AP 24 https://mail.google.com/mail/u/0/?ik=a4a0f18f1e&view=pt&search=all&permthid=thread-f:1807325765856971384&simpl=msg-f:1807325765856971384 1/1 Mikayla Hibbert <mikayla.hibbert@lincolncountywy.gov> Fwd: 8.13.24 meeting agenda for Trail Ridge POA replat 4 2 messages Elizabeth Williams <elizabeth.williams@lincolncountywy.gov>Mon, Aug 12, 2024 at 1:10 PM To: Mikayla Hibbert <mikayla.hibbert@lincolncountywy.gov> ---------- Forwarded message --------- From: Stephen Allen <stephen.allen@lincolncountywy.gov> Date: Mon, Aug 12, 2024 at 12:45 PM Subject: Fwd: 8.13.24 meeting agenda for Trail Ridge POA replat 4 To: Katie Gipson <katie.gipson@lincolncountywy.gov>, Elizabeth Williams <elizabeth.williams@lincolncountywy.gov> Katie or Elizabeth, Please give me the 411 on this. Thank you, Stephen ---------- Forwarded message --------- From: Jerry Hansen <jerry.hansen@lincolncountywy.gov> Date: Mon, Aug 12, 2024 at 12:43 PM Subject: Fwd: 8.13.24 meeting agenda for Trail Ridge POA replat 4 To: Stephen Allen <stephen.allen@lincolncountywy.gov> ---------- Forwarded message --------- From: Jeri Cooper <jerijcooper@yahoo.com> Date: Mon, Aug 12, 2024 at 12:29 PM Subject: 8.13.24 meeting agenda for Trail Ridge POA replat 4 To: <jerry.hansen@lincolncountywy.gov>, <kent.connelly@lincolncountywy.gov>, <teri.bowers@lincolncountywy.gov> Dear County Commissioners, My name is Jeri Hurley and I own lot 23 in the Trail Ridge subdivision. I was just made aware of a recent agenda item to be discussed in your meeting tomorrow to replat the Trail Ridge Subdivision to expand lot 60 and realign lot 61 owned by Wes Banks to make way for easements to 159 Acre LLC of which Terry Bowers appears to be associated with. I am away in business and cannot attend tomorrow’s meeting so I am emailing all of you to express my concerns about this matter. Wes Banks is the president of our homeowners association board. The homeowners association was not made aware of this plat or easement until today by a concerned neighbor. The homeowners were never given the opportunity to review this replat or vote on this replat and the board has been silent today about their approval for this replat. I sincerely ask that you table this measure until the homeowners association members are able to review and have the opportunity to vote as a member of the association on a matter that has an impact on all members and has the potential to be a conflict of interest. Our annual homeowners association meeting will be held September 7 at 1:00 PM. My sincere appreciation for your consideration in this matter. Thanks Jeri Hurley 307-250-2023 Sent from my iPhone Mikayla Hibbert <mikayla.hibbert@lincolncountywy.gov>Wed, Aug 14, 2024 at 1:33 PM To: Mikayla Hibbert <mikayla.hibbert@lincolncountywy.gov> 8/14/24, 1:34 PM LINCOLN COUNTY WYOMING Mail - Fwd: 8.13.24 meeting agenda for Trail Ridge POA replat 4 https://mail.google.com/mail/u/0/?ik=a4a0f18f1e&view=pt&search=all&permthid=thread-f:1807210120388184637&simpl=msg-f:180721012038818463…1/2 ---------- Forwarded message --------- From: Jerry Hansen <jerry.hansen@lincolncountywy.gov> Date: Mon, Aug 12, 2024 at 12:43 PM Subject: Fwd: 8.13.24 meeting agenda for Trail Ridge POA replat 4 To: Stephen Allen <stephen.allen@lincolncountywy.gov> ---------- Forwarded message --------- From: Jeri Cooper <jerijcooper@yahoo.com> Date: Mon, Aug 12, 2024 at 12:29 PM Subject: 8.13.24 meeting agenda for Trail Ridge POA replat 4 To: <jerry.hansen@lincolncountywy.gov>, <kent.connelly@lincolncountywy.gov>, <teri.bowers@lincolncountywy.gov> Dear County Commissioners, My name is Jeri Hurley and I own lot 23 in the Trail Ridge subdivision. I was just made aware of a recent agenda item to be discussed in your meeting tomorrow to replat the Trail Ridge Subdivision to expand lot 60 and realign lot 61 owned by Wes Banks to make way for easements to 159 Acre LLC of which Terry Bowers appears to be associated with. I am away in business and cannot attend tomorrow’s meeting so I am emailing all of you to express my concerns about this matter. Wes Banks is the president of our homeowners association board. The homeowners association was not made aware of this plat or easement until today by a concerned neighbor. The homeowners were never given the opportunity to review this replat or vote on this replat and the board has been silent today about their approval for this replat. I sincerely ask that you table this measure until the homeowners association members are able to review and have the opportunity to vote as a member of the association on a matter that has an impact on all members and has the potential to be a conflict of interest. Our annual homeowners association meeting will be held September 7 at 1:00 PM. My sincere appreciation for your consideration in this matter. Thanks Jeri Hurley 307-250-2023 Sent from my iPhone -- Mikayla Hibbert Planner I Office of Planning and Development Lincoln County, Wyoming (307) 877-2101 8/14/24, 1:34 PM LINCOLN COUNTY WYOMING Mail - Fwd: 8.13.24 meeting agenda for Trail Ridge POA replat 4 https://mail.google.com/mail/u/0/?ik=a4a0f18f1e&view=pt&search=all&permthid=thread-f:1807210120388184637&simpl=msg-f:180721012038818463…2/2 Mikayla Hibbert <mikayla.hibbert@lincolncountywy.gov> Fwd: Trial Ridge Amendment Vote Request 1 message Stephen Allen <stephen.allen@lincolncountywy.gov>Tue, Aug 13, 2024 at 3:58 PM To: Planning <planning@lincolncountywy.gov> ---------- Forwarded message --------- From: Jared Johnson <jaredj15@gmail.com> Date: Tue, Aug 13, 2024 at 3:54 PM Subject: Trial Ridge Amendment Vote Request To: stephen.allen@lincolncountywy.gov <stephen.allen@lincolncountywy.gov>, jerry.hansen@lincolncountywy.gov <jerry.hansen@lincolncountywy.gov> Dear Mr. Allen & Mr. Hansen, I hope this message finds you well. I am reaching out to request that you consider delaying your vote tomorrow regarding the Trail Ridge 4th filing. It is crucial for our HOA to meet and fully understand the Amendment in place before making a decision. Thank you for considering this request. I believe it is in the best interest of our community to ensure that we are all well- informed. Best regards, Jared Johnson 56 Lynx Trail Alpine, WY 83128 8/14/24, 1:30 PM LINCOLN COUNTY WYOMING Mail - Fwd: Trial Ridge Amendment Vote Request https://mail.google.com/mail/u/0/?ik=a4a0f18f1e&view=pt&search=all&permthid=thread-f:1807311267075377142&simpl=msg-f:1807311267075377142 1/1 Mikayla Hibbert <mikayla.hibbert@lincolncountywy.gov> Fwd: Trail Ridge Amendment Vote Request 1 message Stephen Allen <stephen.allen@lincolncountywy.gov>Tue, Aug 13, 2024 at 3:29 PM To: Planning <planning@lincolncountywy.gov> Sent from my iPhone Begin forwarded message: From: Meg Morguson <meg.morguson@gmail.com> Date: August 13, 2024 at 3:12:56 PM MDT To: stephen.allen@lincolncountywy.gov, jerry.hansen@lincolncountywy.gov Subject: Trail Ridge Amendment Vote Request Dear Mr. Hansen and Mr. Allen, I am respectfully requesting the vote on 814 AP 24 Trail Ridge Subdivision 4th filing (submitted by Wes Banks and 159 Acres LLC) be delayed until after our scheduled HOA meeting on September 7th in order for our community to have the opportunity to understand the full implications this Amendment may have on our subdivision. Sincerely, Meg Morguson 56 Lynx Trail Trail Ridge Subdivision homeowner 8/14/24, 1:31 PM LINCOLN COUNTY WYOMING Mail - Fwd: Trail Ridge Amendment Vote Request https://mail.google.com/mail/u/0/?ik=a4a0f18f1e&view=pt&search=all&permthid=thread-f:1807309439817722267&simpl=msg-f:1807309439817722267 1/1 Mikayla Hibbert <mikayla.hibbert@lincolncountywy.gov> Fwd: Meeting scheduled for the 14th of August concerning Wes Banks Trail Ridge POA and Scott Mitchell c/o 159 Acres LLC 2 messages Stephen Allen <stephen.allen@lincolncountywy.gov>Tue, Aug 13, 2024 at 1:21 PM To: Planning <planning@lincolncountywy.gov> Please include it in the packet. ---------- Forwarded message --------- From: Brett Odell <bodell1983@gmail.com> Date: Tue, Aug 13, 2024 at 11:47 AM Subject: Meeting scheduled for the 14th of August concerning Wes Banks Trail Ridge POA and Scott Mitchell c/o 159 Acres LLC To: <stephen.allen@lincolncountywy.gov> Mr Allen, I’m writing you to express my concern with a meeting scheduled for the commissioners to vote on a matter that moves an easement on Lot 60 and 61 of Trail Ridge in Alpine. This issue raised by Mr Banks has not been brought forth to the attention of the majority of homeowners in our association and we haven’t received any information that has been requested from our BOD. The Trail Ridge HOA has our annual meeting scheduled for the first week of September and would like to have the opportunity to discuss this matter internally before any votes are made by the Commissioners. It appears as though some of these matters are being purposely kept from the Homeowners who it will affect. I am a full time resident of Trail Ridge and live at 40 Lynx Trail. Brett O’Dell Elizabeth Williams <elizabeth.williams@lincolncountywy.gov>Tue, Aug 13, 2024 at 2:07 PM To: Stephen Allen <stephen.allen@lincolncountywy.gov> Cc: Planning <planning@lincolncountywy.gov> Thanks, I'll print copies for BCC tomorrow. Elizabeth Williams Planner II Lincoln County Planning Office (307) 877-2100 [Quoted text hidden] 8/14/24, 1:32 PM LINCOLN COUNTY WYOMING Mail - Fwd: Meeting scheduled for the 14th of August concerning Wes Banks Trail Ridge POA and … https://mail.google.com/mail/u/0/?ik=a4a0f18f1e&view=pt&search=all&permthid=thread-f:1807301384479996394&simpl=msg-f:180730138447999639…1/1 Mikayla Hibbert <mikayla.hibbert@lincolncountywy.gov> Trail Ridge 1 message April O'Dell <aodell0905@gmail.com>Wed, Aug 14, 2024 at 12:25 AM To: planning@lincolncountywy.gov To whom it may concern, My name is April, I live at 40 Lynx Trail in Trail Ridge Subdivision Lot 48. I am reaching out with deepest concern for the approval of the amendment with Trail Ridge/159 Acre Llc. I ask and plead that you take in consideration the denial or postponement of the proposal so that the residents may inquire additional information about the decisions being made for Trail Ridge. From an email sent out just today, we have learned that "The HOA Board has been monitoring this adjacent property for roughly over a year now". This email comes after residents of TR found out about the meeting, called, emailed, and text asking for information, answers, and explanations over the past two days. The fact that the TR board members knew of this over a year and have not disclosed any information to the residents, alarms me. I ask that you consider denial or postponement of the proposal so the residents may have a chance to discuss the facts and information that we lack at the next HOA meeting which is not until September 7th. With this email from today, I also learned that there are multiple easements, as stated below of which affects 6 more property owners. I understand a legal easement, what I do not understand is how this is being passed along without any knowledge to the property owners. Again, I ask for the denial or postponement of the proposal to allow property owners to be better informed and involved, as this affects Trail Ridge greatly. I appreciate your time and consideration. April "minutes" from Trail Ridge HOA Board - Special Meeting 08/12/2024 Attendance: Wes Banks, Ruth Dunn, Dave Jennings, Scott Haas – Present, Roger Cook – Absent Meeting called to order by Wes Banks Old Business: N/A Again, we learned of this just today. Only the board members were present, so no one was able to voice their concerns, ask questions, or get any information on the matter at hand let alone prepare and make arrangements to be present at the meeting tomorrow morning. This is part of the email sent out today from a board member to TR residents. From Scott Hass at 3:33pm today. "The Trail Ridge Board did meet via special meeting on Monday 08/12/2024 to specifically discuss the easements related to the access of the 156 acre lot and the request for the plat map change to lot 60 and lot 61 from the owner needed to change the subdivision plat map." The board agreed that the plat map can be changed for the subdivision to move the designated 2002 location of the easement on lot 60 and 61 to a new location to be designated on the subdivision plat map. (the board agreed without notice to the TR subdivision) The board remained unified that the development of the 156 acre lot was a concern and noted that the easement from 2002 for the access from highway 89 via Trail Ridge road through the subdivision and Falcon drive would need additional attention and consideration. (where was our consideration and attention to this matter before it was filed) The concern that additional traffic may develop on Falcon drive is valid. The Trail Ridge Board continues to evaluate this concern and the development of the 156 acre lot. Members of the board have been in contact with the current owner seeking out additional information (in contact with the 159 Acres Llc, not TR residents, again, he mentions evaluation and concerns for development, but just addressed the residents of TR today. 8/14/24, 1:27 PM LINCOLN COUNTY WYOMING Mail - Trail Ridge https://mail.google.com/mail/u/0/?ik=a4a0f18f1e&view=pt&search=all&permthid=thread-f:1807343178927945836&simpl=msg-f:1807343178927945836 1/2 The map associated with the 2002 agreement between the Trail Ridge developer for the easements describe additional agriculture easements that move through the subdivision off of Falcon drive. These easements are near or cross over the following lots 34,35,48.49,51, and 60. Owners and or developers of those lots should evaluate these easements if they have not already. These should have been disclosed prior to purchase and part of due diligence by the sellers and owners. (This wasn't disclosed, I live on lot 48, so I would like the chance to look this easement over, ask my questions, and voice my concerns before this goes any further) Thank you again. April 8/14/24, 1:27 PM LINCOLN COUNTY WYOMING Mail - Trail Ridge https://mail.google.com/mail/u/0/?ik=a4a0f18f1e&view=pt&search=all&permthid=thread-f:1807343178927945836&simpl=msg-f:1807343178927945836 2/2 Mikayla Hibbert <mikayla.hibbert@lincolncountywy.gov> Fwd: Trail Ridge Plat Adjustment Meeting 1 message Stephen Allen <stephen.allen@lincolncountywy.gov>Tue, Aug 13, 2024 at 3:08 PM To: Planning <planning@lincolncountywy.gov> Sent from my iPhone Begin forwarded message: From: Jeff Schwerdtfeger <jeffscharbor@icloud.com> Date: August 13, 2024 at 2:59:19 PM MDT To: stephen.allen@lincolncountywy.gov Cc: jerry.hansen@lincolncountywy.gov Subject: Trail Ridge Plat Adjustment Meeting To whom it may concern, I live in the Trail Ridge Subdivision and recently found out about the Commissioners meeting regarding the “Trail Ridge Plat Adjustment” meeting and that it was filed by “Wes Banks, Trail Ridge POA and 159 Acres, LLC C/O Scott Mitchell”. This was not disclosed to the majority of the Trail Ridge Subdivision property owners and I’m requesting the meeting be postponed until proper notice can be sent out to us, the property owners so we can attend the meeting and opine on the decision. Sincerely, Jeff Schwerdtfeger 57 Lynx Trail Alpine, WY 83128 Cell: 808-854-0633 8/14/24, 1:31 PM LINCOLN COUNTY WYOMING Mail - Fwd: Trail Ridge Plat Adjustment Meeting https://mail.google.com/mail/u/0/?ik=a4a0f18f1e&view=pt&search=all&permthid=thread-f:1807308108678442323&simpl=msg-f:1807308108678442323 1/1 Katie Gipson <katie.gipson@lincolncountywy.gov> Fwd: Trail Ridge Amendment Vote Request 1 message Stephen Allen <stephen.allen@lincolncountywy.gov>Tue, Aug 13, 2024 at 3:29 PM To: Planning <planning@lincolncountywy.gov> Sent from my iPhone Begin forwarded message: From: Meg Morguson <meg.morguson@gmail.com> Date: August 13, 2024 at 3:12:56 PM MDT To: stephen.allen@lincolncountywy.gov, jerry.hansen@lincolncountywy. gov Subject: Trail Ridge Amendment Vote Request Dear Mr. Hansen and Mr. Allen, I am respectfully requesting the vote on 814 AP 24 Trail Ridge Subdivision 4th filing (submitted by Wes Banks and 159 Acres LLC) be delayed until after our scheduled HOA meeting on September 7th in order for our community to have the opportunity to understand the full implications this Amendment may have on our subdivision. Sincerely, Meg Morguson 56 Lynx Trail Trail Ridge Subdivision homeowner Katie Gipson <katie.gipson@lincolncountywy.gov> Fwd: Rail Ridge subdivision, Easement 1 message Stephen Allen <stephen.allen@lincolncountywy.gov>Tue, Aug 13, 2024 at 1:28 PM To: Planning <planning@lincolncountywy.gov> more for the file ---------- Forwarded message --------- From: Noel Wellborn <nywellborn7@gmail.com> Date: Tue, Aug 13, 2024 at 12:39 PM Subject: Rail Ridge subdivision, Easement To: <stephen.allen@lincolncountywy.gov> I am sending this email in request that the Trail Ridge subdivision easement be tabled until the entire HOA has time to discuss and vote on this. It affects the whole HOA not just one person. I have also sent an email to one of the commissioners, but I’m making this email short as that several of has have tried to send emails here to get this table. Noel Resident of trail Ridge subdivision Katie Gipson <katie.gipson@lincolncountywy.gov> Fwd: Trail Ridge Plat Adjustment Meeting 1 message Stephen Allen <stephen.allen@lincolncountywy.gov>Tue, Aug 13, 2024 at 3:08 PM To: Planning <planning@lincolncountywy.gov> Sent from my iPhone Begin forwarded message: From: Jeff Schwerdtfeger <jeffscharbor@icloud.com> Date: August 13, 2024 at 2:59:19 PM MDT To: stephen.allen@lincolncountywy.gov Cc: jerry.hansen@lincolncountywy.gov Subject: Trail Ridge Plat Adjustment Meeting To whom it may concern, I live in the Trail Ridge Subdivision and recently found out about the Commissioners meeting regarding the “Trail Ridge Plat Adjustment” meeting and that it was filed by “Wes Banks, Trail Ridge POA and 159 Acres, LLC C/O Scott Mitchell”. This was not disclosed to the majority of the Trail Ridge Subdivision property owners and I’m requesting the meeting be postponed until proper notice can be sent out to us, the property owners so we can attend the meeting and opine on the decision. Sincerely, Jeff Schwerdtfeger 57 Lynx Trail Alpine, WY 83128 Cell: 808-854-0633 Katie Gipson <katie.gipson@lincolncountywy.gov> Trail Ridge Subdivision 4th Filing # 814 AP 24 1 message bashworth@silverstar.com <bashworth@silverstar.com>Tue, Aug 13, 2024 at 7:49 PM To: kent.connelly@lincolncountywy.gov Cc: jerry.hansen@lincolncountywy.gov, teri.bowers@lincolncountywy.gov, planning@lincolncountywy.gov Hello Comissioner Connelly, I am a property owner in Trail Ridge Subdivision. I ask this item is not be approved by the Lincoln County Board of County Commissioners and be continued. The Trail Ridge Subdivision Property Owners Association (POA) Board did not meet to approve the road realignment, lot boundary adjustments and increases in Filing # 814 AP 24 until Monday, August 12, 2024. Therefore, any letters or signature on the application signed by the Trail Ridge POA Board President Wes Banks representing the Trail Ridge POA prior to this date are not a valid representation of approval from the Trail Ridge POA and should be dismissed. Further, the special meeting held by the Trail Ridge POA on Monday August 12, 2024 was not noticed for 15 days as required by the Trail Ridge Subdivision By Laws. Therefore any decisions made at that meeting are also invalidated. Again, I request that this item not be approved and the item be continued until the Trail Ridge POA board has time inform the Trail Ridge property owners of the filing and impact to roads and easements in the subdivision, notify the Trail Ridge property owners of a Special Meeting, take comment on item and vote on the issue according to the Trail Ridge Subdivision By Laws. Thank you, Brenda Ashworth Katie Gipson <katie.gipson@lincolncountywy.gov> Trail Ridge 1 message April O'Dell <aodell0905@gmail.com>Wed, Aug 14, 2024 at 12:25 AM To: planning@lincolncountywy.gov To whom it may concern, My name is April, I live at 40 Lynx Trail in Trail Ridge Subdivision Lot 48. I am reaching out with deepest concern for the approval of the amendment with Trail Ridge/159 Acre Llc. I ask and plead that you take in consideration the denial or postponement of the proposal so that the residents may inquire additional information about the decisions being made for Trail Ridge. From an email sent out just today, we have learned that "The HOA Board has been monitoring this adjacent property for roughly over a year now". This email comes after residents of TR found out about the meeting, called, emailed, and text asking for information, answers, and explanations over the past two days. The fact that the TR board members knew of this over a year and have not disclosed any information to the residents, alarms me. I ask that you consider denial or postponement of the proposal so the residents may have a chance to discuss the facts and information that we lack at the next HOA meeting which is not until September 7th. With this email from today, I also learned that there are multiple easements, as stated below of which affects 6 more property owners. I understand a legal easement, what I do not understand is how this is being passed along without any knowledge to the property owners. Again, I ask for the denial or postponement of the proposal to allow property owners to be better informed and involved, as this affects Trail Ridge greatly. I appreciate your time and consideration. April "minutes" from Trail Ridge HOA Board - Special Meeting 08/12/2024 Attendance: Wes Banks, Ruth Dunn, Dave Jennings, Scott Haas – Present, Roger Cook – Absent Meeting called to order by Wes Banks Old Business: N/A Again, we learned of this just today. Only the board members were present, so no one was able to voice their concerns, ask questions, or get any information on the matter at hand let alone prepare and make arrangements to be present at the meeting tomorrow morning. This is part of the email sent out today from a board member to TR residents. From Scott Hass at 3:33pm today. "The Trail Ridge Board did meet via special meeting on Monday 08/12/2024 to specifically discuss the easements related to the access of the 156 acre lot and the request for the plat map change to lot 60 and lot 61 from the owner needed to change the subdivision plat map." The board agreed that the plat map can be changed for the subdivision to move the designated 2002 location of the easement on lot 60 and 61 to a new location to be designated on the subdivision plat map. (the board agreed without notice to the TR subdivision) The board remained unified that the development of the 156 acre lot was a concern and noted that the easement from 2002 for the access from highway 89 via Trail Ridge road through the subdivision and Falcon drive would need additional attention and consideration. (where was our consideration and attention to this matter before it was filed) The concern that additional traffic may develop on Falcon drive is valid. The Trail Ridge Board continues to evaluate this concern and the development of the 156 acre lot. Members of the board have been in contact with the current owner seeking out additional information (in contact with the 159 Acres Llc, not TR residents, again, he mentions evaluation and concerns for development, but just addressed the residents of TR today. The map associated with the 2002 agreement between the Trail Ridge developer for the easements describe additional agriculture easements that move through the subdivision off of Falcon drive. These easements are near or cross over the following lots 34,35,48.49,51, and 60. Owners and or developers of those lots should evaluate these easements if they have not already. These should have been disclosed prior to purchase and part of due diligence by the sellers and owners. (This wasn't disclosed, I live on lot 48, so I would like the chance to look this easement over, ask my questions, and voice my concerns before this goes any further) Thank you again. April Katie Gipson <katie.gipson@lincolncountywy.gov> TrailRidge Easementq Proposal 1 message Derek Albee <derekalbee83@gmail.com>Tue, Aug 13, 2024 at 6:43 PM To: "planning@lincolncountywy.gov" <planning@lincolncountywy.gov> Good evening, my name is Derek Albee and I am the owner of 39 Trail Ridge Rd in Alpine WY. I would like to see the proposal for tomorrow tabled for now, if for no other reason than the vast majority of the neighborhood (including myself) only learned of this yesterday. It honestly seems like a backdoor deal that could negatively impact the already limited resources of a neighborhood with many existing problems. Thank you. Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android Katie Gipson <katie.gipson@lincolncountywy.gov> Fwd: Trial Ridge Amendment Vote Request 1 message Stephen Allen <stephen.allen@lincolncountywy.gov>Tue, Aug 13, 2024 at 3:58 PM To: Planning <planning@lincolncountywy.gov> ---------- Forwarded message --------- From: Jared Johnson <jaredj15@gmail.com> Date: Tue, Aug 13, 2024 at 3:54 PM Subject: Trial Ridge Amendment Vote Request To: stephen.allen@lincolncountywy.gov <stephen.allen@lincolncountywy.gov>, jerry.hansen@lincolncountywy.gov <jerry.hansen@lincolncountywy.gov> Dear Mr. Allen & Mr. Hansen, I hope this message finds you well. I am reaching out to request that you consider delaying your vote tomorrow regarding the Trail Ridge 4th filing. It is crucial for our HOA to meet and fully understand the Amendment in place before making a decision. Thank you for considering this request. I believe it is in the best interest of our community to ensure that we are all well-informed. Best regards, Jared Johnson 56 Lynx Trail Alpine, WY 83128 Mikayla Hibbert <mikayla.hibbert@lincolncountywy.gov> Fwd: Trailer Ridge Platte map revision 2 messages Elizabeth Williams <elizabeth.williams@lincolncountywy.gov>Wed, Aug 14, 2024 at 8:18 AM To: Mikayla Hibbert <mikayla.hibbert@lincolncountywy.gov> Elizabeth Williams Planner II Lincoln County Planning Office (307) 877-2100 ---------- Forwarded message --------- From: Noel Wellborn <nywellborn7@gmail.com> Date: Tue, Aug 13, 2024 at 7:16 PM Subject: Trailer Ridge Platte map revision To: <jerry.hansen@lincolncountywy.gov>, Elizabeth Williams <elizabeth.williams@lincolncountywy.gov> Dear County Commissioners, I have received emergency Meeting Minutes for our Trail Ridge Board approving the plat map revision as petitioned by Wes Banks that you all will be discussing tomorrow in the Commissioners Meeting. I again ask that this matter be tabled until the Association of Members can discuss this request at our annual meeting to be held on September 7th at 1 PM for the following reasons: * Wes Bank is the President of our Board of Directors for the Association and he did present a letter signed by him as Board President without Trail Ridge Board of Director approval. Wes Banks abused his power as President of our Board of Directors by presenting a letter to your planning department without approval. * After the Association of members were made aware of the proposal and meeting to be held tomorrow, many homeowners called into question whether this was discussed with Association members and approved by the Board. It was not, so an emergency meeting was held by the Board of Directors on 8/12/24. As a result Wes Banks did obtain Board approval for the proposed amendment after the fact, and will be presenting that approval to you tomorrow in the meeting. * Per our CCR’s the Board shall mean the Board of Directors of the Association established to administer and enforce the terms and conditions of our Declaration of CCR’s. *Per our CCR’s the Association shall mean and refer to the Trail Ridge Property Owners Association. * Per our CCR’s the Property shall mean and refer to that certain real property known as the Trail Ridge Subdivision, in accordance with the Plat filed in the office of the Lincoln County Clerk, and any such additions thereto as may hereafter be brought within the jurisdiction of the Association. *Per our Bylaws, every owner of a lot shall be a member of the Association. I am no lawyer but I look at these definitions, I do not believe that the Board of Directors have the authority to vote on plat revisions and that approval must come from the majority of lot owners as a member of the Association. The Board is to administer and enforce the terms of our CCR’s and handle day to day business and the Association would have the jurisdiction to amend and additions to our plat map. In order to obtain Association approval there must be a quorum of members and a majority vote to approve at our annual meeting. 8/14/24, 1:27 PM LINCOLN COUNTY WYOMING Mail - Fwd: Trailer Ridge Platte map revision https://mail.google.com/mail/u/0/?ik=a4a0f18f1e&view=pt&search=all&permthid=thread-f:1807372921273291361&simpl=msg-f:180737292127329136…1/2 There are many other things to discuss as an Association, such easements throughout the subdivision, and what this plat map revision may mean for the Association with future developments outside of our subdivision. We are simply asking for time to discuss this matter as an Association so everyone one has a full understanding of what the facts are and follow proper protocol for approval. Many thanks, Noel & Yvette Wellborn lot Owner of Trail Ridge Subdivision Elizabeth Williams <elizabeth.williams@lincolncountywy.gov>Wed, Aug 14, 2024 at 8:18 AM To: Mikayla Hibbert <mikayla.hibbert@lincolncountywy.gov> [Quoted text hidden] 8/14/24, 1:27 PM LINCOLN COUNTY WYOMING Mail - Fwd: Trailer Ridge Platte map revision https://mail.google.com/mail/u/0/?ik=a4a0f18f1e&view=pt&search=all&permthid=thread-f:1807372921273291361&simpl=msg-f:180737292127329136…2/2 Katie Gipson <katie.gipson@lincolncountywy.gov> Fwd: Meeting scheduled for the 14th of August concerning Wes Banks Trail Ridge POA and Scott Mitchell c/o 159 Acres LLC 2 messages Stephen Allen <stephen.allen@lincolncountywy.gov>Tue, Aug 13, 2024 at 1:21 PM To: Planning <planning@lincolncountywy.gov> Please include it in the packet. ---------- Forwarded message --------- From: Brett Odell <bodell1983@gmail.com> Date: Tue, Aug 13, 2024 at 11:47 AM Subject: Meeting scheduled for the 14th of August concerning Wes Banks Trail Ridge POA and Scott Mitchell c/o 159 Acres LLC To: <stephen.allen@lincolncountywy.gov> Mr Allen, I’m writing you to express my concern with a meeting scheduled for the commissioners to vote on a matter that moves an easement on Lot 60 and 61 of Trail Ridge in Alpine. This issue raised by Mr Banks has not been brought forth to the attention of the majority of homeowners in our association and we haven’t received any information that has been requested from our BOD. The Trail Ridge HOA has our annual meeting scheduled for the first week of September and would like to have the opportunity to discuss this matter internally before any votes are made by the Commissioners. It appears as though some of these matters are being purposely kept from the Homeowners who it will affect. I am a full time resident of Trail Ridge and live at 40 Lynx Trail. Brett O’Dell Elizabeth Williams <elizabeth.williams@lincolncountywy.gov> Tue, Aug 13, 2024 at 2:07 PM To: Stephen Allen <stephen.allen@lincolncountywy.gov> Cc: Planning <planning@lincolncountywy.gov> Thanks, I'll print copies for BCC tomorrow. Elizabeth Williams Planner II Lincoln County Planning Office (307) 877-2100 [Quoted text hidden] Trail Ridge Property Owners Association Annual Meeting & BBQ Saturday September 7, 2024 at 1 pm Alpine Civic Center www.trailridgewy.com • Welcome – President o Wes Banks welcomes all HOA members to the annual meeting. o Pledge of allegiance completed by all HOA members. • Homeowner introductions - HOA Members o Each HOA member present at the meeting introduces themselves and provides a summary of why they chose Trail Ridge Subdivision. • Motion to establish a quorum – 38 lots required (validate with attendance). - HOA Board o 62 total voting lots o 39 lots represented in person or via proxy at time of meeting  Quorum established for 2024 meeting • Motion to accept 2023 Annual Meeting Minutes – HOA o Motion to accept 2023 Annual Meeting Minutes – Janette Baribeau o 2nd Motion – Jared Johnson  All voted in favor, 2023 Annual Meeting Minutes approved Old Business • Trail Ridge Water System Maintenance and Management Report – HOA o Wes Banks gives report on water activities, handout provided, reviewed report from sunrise engineering. o Additional topics discussed  $100 fee rate increase to Salt River Cove reviewed and previously implemented.  Development of Salt River Cover water system named Trail Ridge #3 • Design stage currently in development • Notification plan from Trail Ridge HOA following Salt River Cover plans approved for water pump approval to provide a 12-month notification of removal from the Trail Ridge main water system. • Pump panel to be replaced with circuit board with auto- restart and phone app notification $10K estimate for improvement • Discussed the broken water line at Salt River Cove discovery and how to identify those types of water leaks. o Gary Christensen made a motion to approve spending of $15000 to implement improvement for pump o 2nd Motion by Ryan King  All in favor, motion passed o Motion by Wes Banks for the following: That by end of 2024 a plan is not approved by DEQ for Salt River Cover water pump installation and not available to the Trail Ridge HOA, that Wes Banks will take action to remove Salt River Cove from the water usage.  2nd motion by Brett Odell • Noel Wellborn proposed an amendment to the motion that the statement by changed to “End of year and then six months then cut off water” o Ryan King proposed an amendment “scheduled date for drilling by end of June 2025 raise rates to $350 per lots” Final Amended Motion – That the DEQ approved Salt Rive Cove plan will be provided to the Trail Ridge HOA by Jan 1st 2025 and a drill date determined prior to June 1st and then completed in 45 days or a rate increase to $350 per lot, to be notified by January 1st of raise of rate.  1st Motion – Colleen Cook  2nd Motion – Jeff Schwerdtfeger o All in favor, motion passes o Identified actions to take to improve Trail Ridge water system  Action to improve the light on the pump house  Scott to notify fire dispatch of water shortage via email– approved  Fire hydrants to be checked 3 years. Follow up required • Roads, Road Maintenance and Snow removal reports o Broken spots in roadways discussion and identification of areas of concern  Areas of concern noted during discussion • Falcon across from Jeff’s lot • Patch of Trail Ridge Road needed • Buffalo drive from start of subdivision “Ryan”  Seal coat the road option – Wes Banks provided update  Chip seal road option – Wes Banks provided update o Formation of road committee to work and review maintenance  Brett Odell  Bill Wells  Carl Corn • Topics to be discussed and action plans created for the following: o Speed bumps installation and management o Speed limit updates o Damage spots • Open Positions on HOA Board o 2 open positions  Brenda Ashworth • Motion to vote Ryan o 2nd motion – Brett O’Dell  All in favor motion passes  Brett Odell • Motion Carl Corn o 2nd Motion – Jeff Schwerdtfeger  All in favor motion passes o Discussion – Noel Wellborn asked for specific voting for positions (President & Vice President) and 3-year terms for members  Bylaws specific for voting for President and Vice President, other members appointed to position – Jeri Hurley • Motion to have Wes Resign – Noel Wellborn • Motion to move voting to next annual meeting – Gary Christensen • Motion to recess the meeting – Steve Ashworth • 2nd Motion for meeting recess – Scott Haas o All in favor motion passes • Meeting resumed at 3:20pm • Architectural Committee Report o HOA board presented reminders to seek HOA approval prior to building o HOA board presented reminders to complete building projects within approved timeframe, 1 year from start. • Treasurer Report & Budget Report – Treasurer o Motion by Jeri Hurley to create an assessment for the property owners that violate HOA CCRs  2nd motion – Gary Christensen • Amendment - Noel Wellborn “$1000 fine for violation $5000 for same second violation o 2nd motion by Wes Banks  Amendment proposed by Colleen Cook “$100 per infractions” • Amendment proposed by Steve Ashworth – Creation of protocol for board to consider fine structure for infractions to be created within the next 30-days • Amendment retracted by Noel Wellborn Final Amended Motion – Creation of protocol for HOA board to use to administer fine structure for infractions by HOA property owners for CCRs infractions. Protocol to be developed by Steve Ashworth within 30 days of annual meeting.  2nd motion – Gary Christensen • All in favor, motion passes • 2025 budget vote o A review of the proposed 2025 budget was completed  NOTE: Identified the approved $15000 for pump improvements to captured in proposed budget. All HOA members present acknowledgment  Motion to approve – Wes Banks  2nd motion – Steve Ashworth • All in favor, motion passes, with approval of pump replacement parts New Business • Fire Wise Ambassador o Colleen Cook presented information regarding the need of Trail Ridge to have a Fire Wise Ambassador and described activities of position.  Motion by Colleen Cook for Jeff Schwerdtfeger to be Fire Wise ambassador  2nd motion – Carl Corn • All if favor motion approved • Transparency Report/ Notification o Wes Banks discussed to need for a requested transparency report to be sent out following each meeting. This delegated to HOA Secretary • Trail Ridge HOA Easements o Discussed easements– Wes Banks  Answered concerns from HOA members  Discussed the easements and reviewed map of easements on Falcon Drive. • Nomination of HOA President o Motion by Steve Ashworth– Jeri Hurley to be nominated President of HOA board for 3 years o 2nd motion - Noel Wellborn  Jeri hurley presents qualifications to TRHOA  Motion to Vote by ballot for Jeri Hurley or Wes Banks - Scott Haas • Ballots provided; ballots collected by Bill Wells • Votes counted by Scott Haas, verified by Bennita Knight o 38 total votes  13 Jeri Hurley  25 Wes Banks • Wes Banks President of HOA • Nomination of HOA Vice President o Motion to make Brenda Ashworth Vice President – Jeri Hurley o 2nd motion – Noel Wellborn  All if favor motion approved • Trail Ridge HOA Security Lights o Bennita Knight provided concern for lights not functioning in the HOA. • Weed Control o Noel Wellborn presented concerns for weeds being mowed and not sprayed based on type and how that is not the correct way to maintain weed control. o Disccussion on how weeds being sprayed and not being sprayed routinely  Motion by Bill Wells to hire company to have weeds sprayed in the HOA  2nd motion – Gary Christensen • All if favor motion approved • Reminders o Dogs need to be maintained by the owner within the guidelines of the Trail Ridge HOA CCRs. Pets need to be on a leash and/or maintained within the owner’s yard. o Fencing lines do not always align with property boundaries. Verify property boundaries and do not rely on fencing. If needed contact a survey company to determine and locate property lines. o Fireworks – not allowed within HOA  Motion to adjourn by Steve Ashworth  2nd motion – Scott Haas o All if favor motion approved