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Home My WebLink About601 RZ 25 Blue Ribbon Rezone PZC Staff Report 3-19-25 Complete 601 RZ 25 PZC LINCOLN COUNTY PLANNING & ZONING COMMISSION STAFF REPORT REZONE APPLICATION HEARING TIME AND DATE: 6:00 p.m., March 19, 2025 LOCATION: Lincoln County Courthouse, Commissioner Boardroom 3rd Floor, 925 Sage Ave., Kemmerer, Wyoming & Afton Planning & Development Office, 61 E. 5th Ave., Afton, Wyoming FILE # 601 RZ 25 APPLICANTS: Creation Land Company, LP PROJECT NAME: Blue Ribbon Barn- Rezone COMMUNITY PLAN AREA: Thayne ZONING: Rural Zone REQUESTED ZONING: Recreational REPRESENTATIVE: Greg and Jan Berdar PLANNER: Ken Kuluski PARCEL ID: 3419-02-100-046 _____________________________________________________________________________ PROPOSAL: A Rezone application to rezone a 77.4 acre parcel from the Rural Zone to the Recreational Zone in order to accommodate commercial use on the property. This Rezone application accompanies Conditional Use Application 101 CUP 25. LOCATION: Located less than a mile west of the Town of Star Valley Ranch, Wyoming in T34N, R119W, Section 2. ATTACHMENTS: 1. Vicinity Map 2. Agency Correspondence 3. Public Comments PLANNING STAFF RECOMMENDATION: Planning staff recommends that the Planning & Zoning Commission send a recommendation of APPROVAL to the Board of County Commissioners for File # 601 RZ 25, a Parcel Rezone, with: • Findings of Approval A. through C. 601 RZ 25 PZC FINDINGS FOR APPROVAL: A. The proposed request is consistent with the provisions of Wyoming Statute 18-5-202(b) providing that any person may petition the planning and zoning commission to amend any zoning plan adopted under the provisions of W.S. 18-5-201 through 18-5-208.for the continuance and alteration of existing uses of land including public noticing requirements for consideration by county planning and zoning commission and county board of commissioners. B. The proposed request is consistent with the goals and objectives of the Lincoln County Comprehensive Plan: a. Section III ECONOMIC DEVELOPMENT, Goal A. Promote and assist in the development of commercial, recreational and industrial activities. b. Section IV LAND USE, Objective 1. Create Land Use Regulations that promote the responsible and orderly development of Lincoln County; C. The proposed request is consistent with the Lincoln County Land Use Regulations, Section 1.4 Amendment, Rezone, Subsection B: a. The proposed zone change does not increase burden to existing public road and utility infrastructure. b. The proposed zone change does not unnecessarily extend or increase the cost of services provided by the public. BACKGROUND: Creation Land Company, LP owns property historically used for agricultural purposes. This past summer they were granted a Temporary Use Permit to operate a small farm retail store and indoor event hall. They are seeking a Conditional Use Permit along with this Rezone Application to continue to operate a small retail store and indoor event hall. The property is connected via County Road 118 to Recreational parcels to the east of the property. The roadway provides a contiguous zoning connection in this area. AGENCY CORRESPONDENCE: Attached PUBLIC COMMENTS: Attached £¤89 Star Valley Ranch 363435 11 03 10 02 12 0134N 119W 35N 119W ³±118 Yosemite Drive B ridgerDriveTeton Way Yellowstone Dr i veBridger DriveCaribou Loop CREATION LANDCOMPANY LP CROOK, STANFORD & JOLENE W CROOK, STANFORD & JOLENE W CROOK, STANFORD & JOLENE CRETAL,ROXANE WHITE, GORDON C & DONNA S TRUSTEES WHITE, GORDONCLARK & DONNA CROOK, SHANE R & MICHELLE L LEISURE VALLEY,INC. LOWERVALLEY ENERGY INC. CROOK, MARY E TRUSTEE CROOK, SHANE R & MICHELLE L SIMPSON, DARNELL & AMY L STATE OF WYOMING NELSON, OSCAR R & LIBBIE T TRUSTEES JESKE, DANIEL D& ANGELA D EVERSOLE, JEANNEETALSCHULTZ, DAVID & DAWNTRUSTEES KOLSTAD, KIMBERLY D& ADAM P STOUT TOUCHSTONE-LANE, DAWN HAGER, RONALD J JR &CYNTHIA C KINNES, GREGG A &KAREN L STEWART, MICHAEL J & JOANN TRUSTEES ECKERT, ROBERT M & KAREN L TRUSTEES DEJONG,CONNIE JEAN BRUNDAGE, THOMAS W & JUDY TRUSTEES DANIEL, JEREMIAHO & SARAH SKAJEM, MICHEL D& DEANN R NARMI, MICHAEL L &TAMARA L TRUSTEES MITCHELL, EDWINM JR TRUSTEE ROBBINS,ADAM D & KAROLYN W KUNKLE, RICHARD L & MARIA SIMENTAL TRUSTEES BOICE, WILLIAM L & JANICE LTRUSTEES TIMMONS, EDWIN S & PHYLLIS J TRUSTEES TIMMONS, EDWIN S & PHYLLIS JTRUSTEES WHITE, CHARLES R JR & CLAIRE L BANNING, DOUGLAS W & KAREN P MILLER, JILLIAN L TRUSTEE JONES, DAFNE V & RILEY BROOKS, LAWRENCE P& DEBRA D TRUSTEESCROOKS, DAVIN MLINFORD,KURT & TIFFANY GRESS,GREGORY M FLINDERS, TRACY & ALYSSATRUSTEESBUEHLER, ERIC P & EVA L LEISURE VALLEY, INC.MEYER, DAVIDT & KORY TRUSTEES CROOKS, DAVE DEWOLF, CHRISTOPHER & BONNIE SEBASTIAN, JOSEPHG & MICHELLE T BOLE, DESMOND J & KAYE MCO-TRUSTEES CLARK, JEFF &SHANTAY M RHODE, PATRICK B & CHERYL M TRUSTEES STAMPER, JARED &JAMIE O'BRIEN,JOHN PBRUNDAGE,THOMAS W & JUDY TRUSTEES SIMPSON, DARNELL & AMY LLUTHI, MARK R& LISA WHITE, KALEB& KENNEDY TRUSTEES MCKEE, ROSS E &DEBORAH MAHFOOD,JASON R & AMY C TRUSTEES LOPEZ, ANGELICA A STEINECKER,HARALD R MERRITT, JASON & VANESSA FREEDOM HILLS, LLCORTMAN,KEVIN B & KAREN SROLLINGACRES HOMEOWNER'S ASSOCIATION, INC Maxar, Microsoft Rezone Application Roads Road_Type US Highways WY Highways Projects Township & Range Sections Municipalities Public Noticing File No 601 RZ 24 Blue Ribbon Barn Rezone Creation Land Co., LP Prepared using available data by Elizabeth Williams on 26 December 2024. Map is for informational purposes only and in no way represents an official survey of land. Ken Kuluski <ken.kuluski@lincolncountywy.gov> RE: Blue Ribbon Barn ( REZONE / CUP) 1 message Mayor Buyers <kbuyers@starvalleyranchwy.org>Thu, Dec 19, 2024 at 10:32 AM To: ken.kuluski@lincolncountywy.gov Cc: clerk@starvalleyranchwy.org, Town Admin TSVR <admin@starvalleyranchwy.org> Hi Ken, I am writing in reference to File 601-RZ-25 Creation Land Company Rezone T34N R119W Section 2 Lots 1 &2 The Town of Star Valley Ranch Planning Commission all agree that we support the rezoning of this property. Thank You for including the Town, Kathy Mayor Kathleen Buyers Town of Star Valley Ranch 307-883-8696 From: Ken Kuluski <ken.kuluski@lincolncountywy.gov> Sent: Friday, December 13, 2024 9:06 AM To: billing@starvalleyranchwy.org Subject: Blue Ribbon Barn ( REZONE / CUP) Good Morning Star Valley, Greg and Jan Berdar Wish too: Rezone Proposal, File 601-RZ-25 Creation Land Company Rezone T34N R119W Section 2 Lots 1 & 2 Proposed Amendment to the Comprehensive Plan includes a zone change "Rural" zone for property described above be amended to "Recreational" zone. Any person having comments or protests concerning the requested zone change may appear at the public hearing at either location and present their comments or protests at that time. Address:750 Cedar Creek Dr. (750 Co. Rd. 118) PIN: 341902100046 This is the first stage of a Conditional Use permit for the Barn Store to be retail and a rental venue. Comments can be sent directly to me or planning@lincolncountywy. gov -- Ken Kuluski Director Office of Planning and Development 925 Sage Ave STE 201 Kemmerer, WY 83101 307-877-2106 Office to TSVR, clerk, me mayor@starvalleyranchwy.org Hello Ken, Previously, you received an email (below) from former Mayor Buyers in December regarding File 601-RZ-25 Creation Land Company LP Blue Ribbon Barn indicating the Town of Star Valley Ranch (TSVR) supported the applicant’s rezone request. With this file coming up for a public hearing before the Lincoln County Planning & Zoning Commission (LCP&ZC) on March 19th, our TSVR Planning Commission met this week and took another look at this rezoning and conditional use request. It’s our understanding that operation of the Blue Ribbon Barn store as well as the various concerts and events that have occurred at this location have, up to now, been conducted under Temporary Use Permits issued by the county. Since the Blue Ribbon Barn opened, residents of our town have enjoyed the country store atmosphere and products offered there. Some of our residents have also taken advantage of the concerts and other events that have been hosted at this location. Overall, I believe our town supports operation of the Blue Ribbon Barn as well as the opportunity to enjoy limited events at its current property. The rezoning request from rural to recreational, if approved, would present the potential for additional activities and development at this site. Some of the public comment letters from adjacent property owners (from the January 22nd, 2025, LCP&ZC public hearing packet) expressed concern that a new RV park could spring up or that other less-desirable commercial activity could also be initiated. Our TSVR Planning Commission noted that this zoning change would open the door to these types of activities in future. That said, it is also our understanding that any change in use from what is being proposed in the current File 601-RZ-25 would require the submission of a new Conditional Use Application which would also be subject to the public comment / approval process. Thank you for the opportunity to offer further comments on this conditional use / rezone request. Sincerely, Ru Mayor Ruzena Rok Town of Star Valley Ranch, WY mayor@starvalleyranchwy.org rrok@starvalleyranch.org Communication to and from the Town of Star Valley Ranch, including to and from this email address, is subject to the Wyoming Statutes governing public records and may not be used in any other context other than its original intended purpose. LUTHI & VOYLES, LLC ATTORNEYS AT LAW M. Kevin Voyles 257 North Main Street Tel.: 307.883.7887 P.O. Box 820 Fax: 307.883.7889 _____ Thayne, Wyoming 83127-0820 _____ Heath T. Hirschi Randall B. Luthi Associate Of Counsel January 13, 2025 Office of Planning & Development Lincoln County, Wyoming 925 Sage Ave, Ste 201 Kemmerer, WY 83101 Re: Blue Ribbon Barn – Rezone / File No. 601 RZ 25 Dear Planning & Zoning Commission: I serve as legal counsel for Robert and Karen Eckert, trustees of the Robert & Karen Eckert Family Trust, dated June 14, 2016, and owners of Parcel 35193540009400, located at 46 Bridger Dr, Thayne, WY 83127. I am writing today regarding a rezoning request application that has been submitted by Creation Land Company, LP. The parcel of land for which the rezoning has been requested borders my client's property, and rezoning this land will have a direct effect on my client and their property. In addition to having an impact on my client’s property value, rezoning the land will also have a negative impact on the county, and the community at large. Rezoning the property from rural to recreational will allow a property owner to convert this parcel from primarily agricultural use to more commercial development. Specifically, this would allow a property owner to put high-density housing and multiple RV units on the parcel. There is already a large RV community less than a mile away that is operated by Leisure Valley. Allowing this property to be converted to recreational zoning, thus opening the door for another RV park in the area, will have a detrimental value on properties in the area and the county as a whole. Furthermore, putting high density housing on the property will destroy the rural nature of the area. This will have a direct negative impact on the property values for those homes that are adjacent to this parcel. These are homes that were purchased because of the scenic, rural views surrounding them. The development of an RV park and high-density housing across the street will drastically diminish the aesthetic value of these homes and will have a negative impact on resale values and tax revenue for the county. Chapter 1 of the Lincoln County Code outlines rezoning procedures. Among the factors to take into consideration in granting a rezoning include whether granting a rezoning is consistent with the Lincoln County Comprehensive Plan, a determination as to whether rezoning will overburden existing road, utility and service infrastructure, and a determination as to whether rezoning will affect the rate of infill development. Allowing a rezoning of the Blue Ribbon Barn parcel from Rural to Recreational will negatively affect all three of these factors. One of the primary goals outlined in the Lincoln County Comprehensive Plan is preserving the rural, agricultural nature of the county. While growth and development are inevitable, especially with the changing demographics of our current times, it is something that should nevertheless be regulated and controlled in order to ensure that Star Valley does not become over-developed, or develop too rapidly, beyond what the county is able to sustain. A major part of the charm and attraction of this area is the rural element. Failing to preserve that is failing to maintain what makes this area such a desirable place to live. In addition to having a negative impact on the rural and agricultural nature of the county, converting this property to recreational use will increase the amount of traffic in the area. The road on which this property is located is already heavily traveled, especially during the summer months. An increase in traffic due to a zoning change and new uses of the property, will increase noise and disturbance in the area, cause congestion for people already living in the area, and inevitably place increased pressure on emergency services responding to accidents and other traffic related issues. Finally, as previously mentioned, there is already an existing RV park less than a mile away. Converting this property to recreational use will allow the potential development of a new RV park, high density-housing, and other commercial developments. This would create a patchwork of communities and commercial enterprises within the midst of a primarily agricultural area. Aside from these issues that are directly affiliated with the Lincoln County zoning regulations, there are potential environmental impacts on the area if this property is developed. Dana’s Ditch, also known as Cedar Creek, runs through this area and should be preserved as a natural waterway. Allowing development around this creek will have a negative environmental impact. Even if the current owner has no intention of ever developing an RV park, high density housing, or other commercial ventures on the property, there is no guarantee that a subsequent owner would not. The safest way to preserve the area in its current condition is to preserve the current zoning. For these stated reasons, my client respectfully objects to the rezoning of this parcel and asks that the Planning and Zoning Commission take their concerns into consideration during the hearing. Sincerely, Heath T. Hirschi