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HomeMy WebLinkAboutFebruary 2025 PZC Minutes Draft Page 1 of 4 LINCOLN COUNTY PLANNING AND ZONING COMMISSION MEETING NOTES Wednesday, February 19, 2025 Workshop 4:00 P.M. Public Meeting 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 & Development Office, Conference Room, 61 East 5th Avenue, Afton, WY I. WORKSHOP TRAINING PZC MEMBERS AND STAFF IN ATTENDANCE Planning Commission Members: Karen Anderson, Chair Chad Jensen, Vice Chair Kevin Kilroy David Oates George Collins Lincoln County Staff: Stephen Allen, Chief of Staff Austin Dunlap, Attorney Ken Kuluski, Planning Director Elizabeth Williams, Planner II Mikayla Hibbert, Planner I Open Meetings All official meetings must be public noticed. A meeting is constituted when a quorum of the members of the governing body meets to consider matters that are within the agency’s official business, even when done informally. Executive sessions are not open to the public and are to discuss employment or personnel matters, litigation, or purchase of real property. Austin Dunlap cautioned against sending emails where a quorum or more is involved in discussing official matters. Conflicts of Interest Make it known if there is a conflict of interest, use best judgement and recuse when necessary or if uncomfortable. There is a conflict of interest when a project regards immediate or extended family, ownership in entities involved, or ownership of real property touching to or surrounding subject property. Indemnity Stephen Allen stated that Austin Dunlap attends the Planning and Zoning Commission meetings out of courtesy, but is not a designated representative of the Planning and Zoning Commission for legal advice. The distinction between shall and may was discussed. Board members are not civilly or criminally liable when undertaking duties on behalf of the county or are within the scope of their authority and/ or acting in good faith within said scope. Robert’s Rules Parliamentary procedure is designed to accomplish one thing at a time, bringing each to a resolution before going on to the next while seeing that courtesy is extended to everyone. Motions are the tools used to transact business. Maintaining order and procedure is important in smooth-flowing meetings. Page 2 of 4 A Comprehensive Plan is a form of regulatory control granted to local governments which may be used to guide and develop specific allowable land use. Zoning is the process that a community employs to legally control the use which may be made of property and the physical configuration of development upon the tracts of land located within its jurisdiction. Comprehensive plans lack the legal effect of zoning laws and cannot be equated with comprehensive zoning in legal significance. The Comprehensive Plan is used to help interpret the Land Use Regulations. Concerns need to be expressed on record for judges to approve or deny appeals brought forward based on previous reasonings. Comprehensive Plan is more of an idea or theory and Zoning is the enforcement of those ideas and theories. Motions Motions to approve with changes to the Conditions of Approval have the goal to capture the concerns, but do not need to contain the exact language as long as the intent is shown clearly. A motion ruled in the negative that is not seconded is not a final action or permissible outcome. It is encouraged to use motions to approve exclusively because a vote on a motion to approve always results in an unambiguous, substantive determination on the merits. The purpose of the Planning and Zoning Commission is to send a recommendation to the Board of County Commissioners. The options of motions are to approve, deny, or to table once. Tabling is used when more information is needed. When making a recommendation to approve or deny, the Planning and Zoning Commission shall specify the goals, objectives, and standards used in evaluating the application; the reasons for approval or denial; and the actions the applicant can take to obtain a permit if possible. Goals and Objectives relate to the Comprehensive Plan while standards relate to the Land Use Regulations. Some Conditions of Approval may need to be more general to prevent overstepping other agencies outside of the county. Variances are handled by the Planning staff and then move straight to the Board of County Commissioners; they are not viewed by the Planning and Zoning Commission. Development Agreements are binding contracts between the developer and the county. Only the Board of County Commissioners is able to sign the contract of the Development Agreement. Violations are handled by formal complaint in written form for the Director to pursue. II. CALL TO ORDER Karen Anderson called the meeting to order at 6:03 pm. III. INTRODUCTION OF PZC MEMBERS Planning Commission Members: Karen Anderson, Chair Chad Jensen, Vice Chair Kevin Kilroy David Oates George Collins Lincoln County Staff: Stephen Allen, Chief of Staff (Absent) Austin Dunlap, Attorney Ken Kuluski, Planning Director Elizabeth Williams, Planner II Mikayla Hibbert, Planner I Katie Gipson, Planner I (Absent) IV. ADOPTION OF AGENDA Chad Jensen motioned to adopt the agenda. Kevin Kilroy seconded the motion. Page 3 of 4 V. APPROVAL OF MINUTES Chad Jensen requested the extra space on page six be removed. David Oates motioned to accept the minutes with the requested change. Kevin Kilroy seconded the motion. Motion carried. VI. DEVELOPMENT REPORT Mikayla Hibbert presented the Development Report for December 30, 2024 to January 26, 2025. Kevin Kilroy questioned the definition of non-living. Chad Jensen requested information on all of the violations through the past year. VII. 104 CUP 25 CHILD FAMILY CEMETERY Ken Kuluski presented the project with a recommendation of approval with Findings of Approval A. through B. and Conditions of approval 1. through 5. Chad Jensen questioned the definition of “family” as explained in the state statutes and questioned the number of burial plots proposed. Chad Jensen clarified there is an existing cemetery in Cokeville. Marlowe Scherbel, the representative of the project, explained that a CUP is required not only to bury a person, but also any animals and suggested to have an LUR change. Austin Dunlap questioned the lack of dedicated plots for the number of burial sites as per W.S 35-8-101. Marlowe Scherbel referenced a previously approved family cemetery in LaBarge 3 years prior for the Jones family and questioned if there was a difference between a family cemetery and a commercial cemetery. Discussion regarding platting requirements continued. Chad Jensen requested to know how many burial plots are being proposed and suggested tabling the project and questioned the urgency of the project. Questions regarding plot sizes occurred. Chad Jensen motioned to table the project to the March 19, 2025 Planning and Zoning Commission meeting. George Collins seconded the motion. Motion carried 3-2. VIII. SKETCH PLANS Mikayla Hibbert presented the project. Chad Jensen questioned the lack of connectivity of the proposed project. Marlowe Scherbel, the representative of the project, explained some of the background of Broncos Lane as part of a Family Exempt Subdivision. David Oates questioned if there was a proposed cul-de-sac. Density was discussed regarding the placement of the road easement. Karen Anderson questioned the application of the airport safety zone to flying drones. Austin explained the restrictions of the different zones within an airport safety zone. IX. OTHER PLANNING MATTERS None. ADJOURNMENT Chad Jensen motioned to adjourn the meeting. David Oates seconded the motion. Motion carried 5-0. The meeting was adjourned. Page 4 of 4 The minutes from the February 19, 2025 Planning and Zoning Commission meeting were approved on the _____ day of _________________ , 2025. _____________________________________ _____________________________________ Chair Dated Director Dated