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HomeMy WebLinkAboutMarch 2025 PZC Minutes Draft Page 1 of 6 LINCOLN COUNTY PLANNING AND ZONING COMMISSION MEETING NOTES Wednesday, March 19, 2025 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. CALL TO ORDER Karen Anderson called the meeting to order at 6:00 pm. II. INTRODUCTION OF PZC MEMBERS Planning Commission Members: Karen Anderson, Chair Chad Jensen, Vice Chair Kevin Kilroy David Oates George Collins Lincoln County Staff: Austin Dunlap, Attorney Ken Kuluski, Planning Director Elizabeth Williams, Planner II Mikayla Hibbert, Planner I Katie Gipson, Planner I III. ADOPTION OF AGENDA Robert’s Rules of Order was discussed to clarify the order of the agenda in regards to the Rezone and the Conditional Use Permit of Blue Ribbon Barn. Chad Jensen requested to add the Town of Afton collaboration sewage matter to Other Planning Matters. Karen Anderson requested to add the discussion of introducing dark night sky legislation to Lincoln County as well as a discussion on updating overlays based on current development. Chad Jensen motioned to adopt the agenda as presented with the 3 added bullet points for Afton sewage, night sky legislation, and updating overlays. Kevin Kilroy seconded the motion. Motion carried. IV. APPROVAL OF MINUTES Chad Jensen questioned the wording of “public noticed” versus “publicly noticed” and requested to have sketch plans referenced by name. Karen Anderson requested clarification on the options of motions from the board training prior to the public meeting along with clarification regarding the discussion of the dedication of legal-council for the Planning and Zoning Commission. Chad Jensen motioned to approve the minutes with the requested changes. David Oates seconded the motion. Motion carried 5-0. V. DEVELOPMENT REPORT Katie Gipson presented the Development Report for January 27, 2025 to February 23, 2025. Karen Anderson questioned the addition of the 800 square foot apartment within the 4,000 square foot shop and how it would affect the Chapter 23 study from DEQ. Elizabeth Williams answered that the septic permit has not been granted yet due to snow, but will be handled by the Planning Office or DEQ. Chad Jensen questioned the additional garage of the first permit listed in the Development Report. Page 2 of 6 VI. 601 RZ 25 BLUE RIBBON BARN - REZONE Ken Kuluski presented the project with a recommendation for the Board to table the project until May 21, 2025 to request a Master Plan outline for the entirety of the 77.4 acres. Karen Anderson requested clarity on the tabling of the rezone resulting in the tabling of the Conditional Use Permit along with the reasoning for the request of tabling. Chad Jensen questioned the changes between the March meeting and the May meeting. Karen Anderson questioned the process of motioning with the difference in recommendations from the staff report to the meeting. Austin Dunlap answered that the Board can motion to accept the recommendation in the packet or motion to accept the new recommendation of tabling. Chad Jensen questioned how the property borders recreational property. Chad Jensen also questioned the impact on the developer if the project is not heard until May. Karen Anderson expressed that she would like to hear public comment at both the March meeting and at the Planning and Zoning Commission meeting in May with the uniqueness of the scenario. David Oates agreed that a Master Plan would be beneficial. George Collins agreed with the need to see the plans for the entirety of the 77.4 acres. Greg Berdar, the owner and developer of the property presented the project. Chad Jensen questioned the legality of the business in operation. Greg Berdar explained that the business has been operating for 3 years with the last 2 years being under a Temporary Use permit that the Planning and Development Office is no longer giving as an option. Karen Anderson requested further information on the proposed event venue. Greg Berdar explained the details of the concerts held in the previous year with the use of a Temporary Liquor License. Jan Berdar gave further background information behind the start of the business and expressed the desire to continue operating under a Temporary Use permit. Greg and Jan Berdar explained the limitations that would be placed on the property by tabling the project until May 21, 2025. Chad Jensen requested the timeline of the seasonal operation. The Berdars responded that they open Memorial Day and close October 31st. Chad Jensen questioned the ability of the business to operate if the project is tabled. Kevin Kilroy stated that the rules and regulations need to be followed. Timothy Stewart, the owner of Leisure Valley and the Star Valley Ranch RV Park, agreed with the need for a Master Plan to ensure the intent of the full usage is properly disclosed. Timothy Stewart stated that the proposed project should be considered spot zoning and that the proposed use is not compatible with the surrounding area and continued that the company that the land is owned by is not registered with the state. Timothy Stewart stated that DEQ required a 500’ setback from the sewage lagoons on the east side of the property. Chad Jensen asked if Timothy had any objections to allowing the Berdars to operate the business under a Temporary Use permit for another season. Timothy Stewart did not object to having the Berdars operate for one more season under a Temporary Use permit. David Oates questioned the requirements for any changes to the proposed Conditional Use permit. Karen Anderson requested clarification on spot zoning. Mike Kocha, a resident of Star Valley Ranch, stated he did not have any issues with the barn, but opposes rezoning 77.4 acres to recreational use for a barn. Senter Timmons, a resident of Bridger View Estates, opposes the rezone due to concerns of the potential development allowed in recreational zoning and due to the traffic impact on Cedar Creek County Road. Senter Timmons does not oppose the barn, but does oppose rezoning 77.4 acres for the continued operation of the small business. Stanford Crook, a neighboring resident, expressed concern over the fact that anything that drains on the Berdar’s property comes up in his basement and that any water in the Dana Ditch is not to be used, but is to be a drainage ditch into Cedar Creek. Julie Davis, a property owner in Bridger View Estates, spoke in opposition to the proposed rezoning and development. She mentioned the petition that has been signed by over 100 neighbors opposing the project. Chris Davis, a neighboring property owner, expressed concern over the omissions of intention of the use of the land. Charles White, a resident of Bridger View Estates, supported requiring a Master Plan and supports the small business in the barn. He is concerned that a rezone may allow an RV Park across from his home. Robert Eckert, a resident of Bridger View Estates, spoke in opposition to the rezone, but in support of a temporary use permit. Dawn Schultz, a resident of Bridger View Estates, agrees with the operation of the barn and supports a temporary use permit, but has concerns of further developments of the land and how it will affect the atmosphere of the community. Jamie DeCora, an employee of Surveyor Scherbel, stated that the proposed rezone is a spot zone and questioned why all 77.4 acres have to be rezoned without a plan for the rest of the land in question. Connie DeJong, a resident of Bridger View Estates, spoke in Page 3 of 6 opposition to any development beyond what is currently on the property due to traffic concerns on Cedar Creek County Road. Austin Dunlap requested clarity on the ownership of the property. Greg Berdar explained that he has a partnership that owns the property and that Star Valley Farms is a tenant on the property. Kevin Kilroy stated he has no issue with a rezone, but that the applicant would need to provide more information. George Collins agreed that a Master Plan is needed, but he is not opposed to a temporary use permit to allow the Berdar’s to continue operation this summer. David Oates agreed that a Master Plan should be presented with the project. Karen Anderson drew attention to the description of recreational zoning in Chapter 1 of the Land Use Regulations and further expressed the need for a Master Plan. Ken Kuluski explained why he cannot grant a temporary permit for a use not allowed by the Land Use Regulations. Austin Dunlap referenced the Land Use Regulations to explain why the director does not have the authority to approve a Temporary Use permit to allow the current use to continue. Chad Jensen motioned to table 601 RZ 25 and 101 CUP 25 until May 21, 2025 and recommended to allow the Berdars to operate under a Temporary Use permit until October 31, 2025. George Collins seconded the motion. Motion carried 5-0. VII. 101 CUP 25 BLUE RIBBON BARN – CONDITIONAL USE PERMIT (Tabled to the Planning and Zoning Commission meeting on May 21, 2025.) Kevin Kilroy motioned to adjourn the meeting for 5 minutes from 7:55pm to 8:00pm. Karen Anderson seconded the motion. Motion carried 4-1. VIII. 103 CUP 25 TJAI TRAINING AND BOARDING – CONDITIONAL USE PERMIT Karen Anderson called the meeting to order at 8:03pm Ken Kuluski presented the project with a recommendation of approval with Findings of Approval A. through D. and Conditions of Approval 1. through 7. and stated that the applicant and the architect are present. Chad Jensen questioned the permanence of the approval on the property. Ken Kuluski clarified that Conditional Use permits are permitting a use that transfers with the land even under different ownership. Chad Jensen questioned the provisions in place to mitigate the noise complaints. Kevin Kilroy asked how the applicants would handle untimely and excessive barking. Brett Bennett, the architect, gave an introduction to the project and to the owners who are dog trainers. Chad Jensen requested clarification on the location of the property and on the lack of a privacy fence. Eric Tjai, the applicant and owner, explained his background and experience in training and added that no dogs will be out in the yard freely without supervision. Sheena Aiello, a partner in the project, further expanded on Eric’s training abilities along with the structural provisions they have in the kennels for noise mitigation. Karen Anderson requested clarification on boarding and maximum capacity. The owners clarified that the maximum will be 24 dogs. Chad Jensen requested clarity on whether it is a training or boarding facility. The applicant will do both. Karen Anderson questioned the design of the exterior lighting. The applicant says there will be motion detector flood lights that would be pointed down, not continuous at night. David Oates stated that a requirement for a privacy fence does not seem necessary. Kevin Kilroy commented on the precedence of most boarding businesses and the noise complaints. Chad Jensen commented that a privacy fence may be beneficial to block the view of barking dogs. Karen Anderson asked for clarity on maximum capacity if the property were to change hands down the road. Ken answered that the capacity of dogs would stay the same even with a new owner. George Collins questioned the waste management plan in the Conditions of Approval. Chad Jensen questioned the septic in the proposal. Chad Jensen motioned to accept the recommendation of approval with Findings of Approval A. through D. and Conditions of Approval 1. through 7. with the addition of adding a privacy/noise fence at least 6 feet high will be built to provide buffering and adding a Condition of Approval that the maximum capacity will be 12 dogs per building and 24 dogs total on the property per day. David Oates seconded the motion. Motion carried 5-0. Page 4 of 6 IX. 104 CUP 25 CHILD FAMILY CEMETERY (TABLE FROM THE FEBRUARY 19, 2025 PZC MEETING) Kevin Kilroy motioned to un-table 104 CUP 25 Child Family Cemetery. David Oates seconded the motion. Motion carried 5-0. Katie Gipson presented the project with a recommendation of approval with Findings of Approval A. through B. and Conditions of Approval 1. through 5. and stated that the representative is present. Chad Jensen questioned the length of time the property could be a cemetery and expressed concern over the precedent. Austin Dunlap reviewed some of the discussion from the February 19, 2025 Planning and Zoning Commission meeting. Scott Scherbel, the representative, gave some examples of similar cases in other nearby areas. Kevil Kilroy motioned to recommend approval with Findings of Fact A. through B. and Conditions of Approval 1. through 5. George Collins seconded the motion. Motion carried 5-0. X. 203 MS 25 RANGE VIEW ESTATES – MINOR SUBDIVISION PRELIMINARY PLAT Mikayla Hibbert presented the project with a recommendation of approval with Findings of Approval A. through C. and Conditions of Approval 1. through 4. with a recommendation for the Board of County Commissioners to sign the Development Agreement and stated that the developer is present. Chad Jensen requested clarification on the 60 foot access and utility easement. Jamie DeCora, the representative, pointed out that the required connectivity to the 80 acre parcel to the west provides an access for the 80 acre parcel to be developed which would otherwise not be subdividable. Mikayla Hibbert clarified that a property cannot be subdivided without a 60 foot easement. Austin Dunlap acknowledged the impact of requiring the 60 foot connectivity easement and the concerns it presents. Discussion of the provisions and legal language of the 60 foot easement requirements for connectivity continued along with discussion of maintenance agreements and the potential problems it presents. Jamie DeCora clarified that the existing 16 foot easement is in a separate location from the proposed 60 foot easement. Mikayla stated that staff had discussed the concerns of requiring connectivity to lands that otherwise would not be able to be subdivided, but it was her understanding on this project that the developers wanted the easement. She suggested that tabling the project may be appropriate so she can go back to the developers and clarify whether they want the easement or not. Jamie DeCora, the representative, responded that the developers were in favor of the easement and did not want the project to be tabled. Kevin Kilroy motioned to recommend approval with Findings of Approval A. through C. and Conditions of Approval 1. through 4. with the addition of Condition of Approval 5. The 60 foot easement from the cul-de-sac on Haven Heights Drive to the west must have an agreement with the land owner to the west to be used for development. The motion was not seconded. David Oates motioned to recommend approval with Findings of Approval A. through C. and Conditions of Approval 1. through 4. as proposed and for the Board of County Commissioners to sign the Development Agreement. Chad Jensen seconded the motion. Motion carried 5-0. XI. 602 PZ 25 LAND USE REGULATIONS AMENDMENT ROAD STANDARDS Elizabeth Williams presented the project with a request for approval for a 30-day public notice to be heard at the Planning and Zoning Commission meeting on June 18, 2025. Chad Jensen questioned the use of “may.” Karen Anderson requested clarity on the proposed road changes in regards to the 26 foot requirement and the wording of sections C. and M. Discussion regarding the motion to be made occurred. Kevin Kilroy expressed that he did not view the application as complete and that the proposal is too restrictive to land owners. Elizabeth Williams brought to the board’s attention that if the application does not move forward with approval for the 30-day notice, the County will have to revert back to the Land Use Regulations as currently written including 20 foot roads in all new subdivisions. Chad Jensen motioned to approve the request for the 30-day public notice with a workshop to resolve disagreements amongst the Planning and Zoning Board scheduled prior to the June 18, 2025 Planning and Zoning Commission meeting. George Collins seconded the motion. Motion carried 4-1. Page 5 of 6 XII. SKETCH PLANS (No sketch plans.) XIII. OTHER PLANNING MATTERS Chad Jensen mentioned that one of the contentious issues in the Town of Afton is the inability to keep up with the sewage load from the County. He requested that the County look into collaborating with the Town of Afton to expand the sewage lagoons or find another adequate solution. Karen Anderson brought forward concerns regarding the lighting of new developments and how it impacts the dark night sky and requested that the County take a more serious look at implementing more protective regulations for the lighting standards. Ken Kuluski mentioned that dark night sky protection would be most efficient in being put under the overlays. Chad Jensen requested further clarification on the legality of lighting on personal homes and property. Karen Anderson expanded on many of the impacts of losing the dark night sky with the many bright lights throughout the valley and proposed for the Board and the planning staff to observe a presentation. Austin Dunlap brought forward the idea of having the staff amend the Land Use Regulations in regards to the lighting standards. Ken Kuluski explained what overlays are and how they will be handled for updates. Karen Anderson expressed concern over the lack of a long-term plan for the entirety of the County and how projects are seeming to be a case-by-case patchwork. Ken Kuluski gave background information on the Transportation Plan that is currently in review. Further discussion on the Transportation Plan along with discussion on potential changes to the overlays occurred. ADJOURNMENT Kevin Kilroy motioned to adjourn the meeting. George Collins seconded the motion. Motion carried 5-0. The meeting was adjourned at 10:10 p.m. Page 6 of 6 The minutes from the March 19, 2025 Planning and Zoning Commission meeting were approved on the _____ day of _________________ , 2025. _____________________________________ _____________________________________ Chair Dated Director Dated