HomeMy WebLinkAbout101 CUP 23 Etna Village Post Extension Staff Report
101 CUP 23 BCC
LINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS
STAFF REPORT
Conditional Use Permit Date Extension HEARING TIME AND DATE: 10:00 a.m., June 4, 2025 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 # 101 CUP 23
APPLICANT: Mathew Burtness PROJECT NAME: Etna Village Post Apartments COMMUNITY PLAN AREA: Etna
ZONING: Mixed PLANNER: Elizabeth Williams REPRESENTATIVE: Alpine Architectural Studio PARCEL ID: 3519-104-00-029 & 3519-104-00-028
PROPOSAL: A request for the Board of County Commissioners to grant a one year extension for Etna Village Post Apartments. LOCATION: Located on Clearview Drive in the Community of Etna, two miles northwest of the Town of Star Valley Ranch T35N, R119W, Section 10.
ATTACHMENTS:
1. Extension request letter. 2. Original Final Determination of File # 101 CUP 23
PLANNING STAFF RECOMMENDATION: Planning Staff recommends that the Board of County Commissioners SIGN a Final Determination for a one year extension for File # 101 CUP 23 Etna Village Post Apartments, a Conditional Use Permit.
BACKGROUND: The Board of County Commissioners granted a Conditional Use Permit for Etna Village Post Apartments on August 2, 2023. The applicant has requested a one year extension for the Conditional Use Permit due to the extra time that was needed to obtain the Underground Injection Control Permit
(UIC) through the Wyoming Department of Environmental Quality (DEQ).
101 CUP 23 BCC
Conditions of Approval 5, 7, 8, 11, and 14 have been met prior to this extension request. The applicant is required to meet the remaining Conditions of Approval before occupancy. The applicant received a Zoning & Development Permit May 19, 2025 which enables him to begin construction. However, he does not anticipate being able to begin construction before August 2, 2025
because of the time needed to bid out the project and negotiate contracts with local builders. FINDINGS OF APPROVAL: A. The proposal is consistent with the provisions of Wyoming Statute 18- 5- 203 providing for Board
of County Commissioner authority for zoning regulation of buildings and uses of land. B. The proposed use, with conditions, is consistent with the goals and objectives of the Lincoln County Comprehensive Plan, specifically: a. Section II Housing, Objective 2. Promote the development of affordable housing and
infrastructure concentrating development in and around existing communities. C. The proposed use, with conditions, will not substantially impair the appropriate use of neighboring property; and will serve the public need, convenience and welfare.
D. The proposed use is consistent with the provisions of the Lincoln County Land Use Regulations, specifically: a. Chapter 3 Section 3. 1 Conditional Use Procedures; b. The provisions for the Etna Community Plan Overlay Zone;
CONDITIONS OF APPROVAL:
1. This permit is to operate the uses outlined in the project description. Significant alterations from the uses described or a modification of structures from the original application shall require additional permitting.
2. The Applicant shall have a Storm Water Pollution Prevention Plan on site during construction compliant with WYDEQ.
3. A Wyoming State Fire Marshal “Plan Review” is required on all apartment buildings in Wyoming
and must be approved prior to construction.
4. Project must meet International Fire Code (IFC) Onsite Requirements for fire flow protection using the current fire code at the time of construction.
5. Any building must obtain a Zoning & Development Permit prior to construction.
6. A 6-foot opaque wood privacy fence is to be built on the East, West, and North sides of the property to buffer the different uses and densities of the neighboring properties.
7. Prior to the start of construction, a boundary line adjustment that combines the two 1.02 acre lots together will be completed. This will result in the property being approximately 2.04 acres in total.
101 CUP 23 BCC
8. A Drainage Plan must be provided with the Zoning and Development Permit Application and designed to show waters not flowing onto neighboring properties.
9. All buildings must comply with the Lincoln County Lighting Standards as set out in Chapter 6.10 Lighting (includes Exterior Lighting and Glare). This includes all lighting must be shielded and
bulbs not visible from the property boundaries.
10. Water must be provided by the Etna Water and Sewer District as per district’s policies and guidelines articulated in the March 16, 2023 letter from the Etna Water and Sewer District to the applicant.
11. Centralized sewer system must be permitted directly through Wyoming Department of Environmental Quality and meet WYDEQ and Underground Injection Control Permit (UIC) Permit standards by obtaining UIC Permit prior to the issuance of a Zoning and Development Permit.
12. The applicant shall provide two eleven-foot lanes and one-foot shoulders at the northern east-west section of Clearview Drive at the south property line of the subject property. The expansion of the road to the north is also intended to accommodate pedestrian and bicycle travel.
13. Maintenance agreements for road maintenance and snow storage for Clearview Drive shall be entered into with the Clearview Village residents.
14. Demonstrate compliance with WYDOT communication dated July 6, 2023 relative to road improvements with the application for a Planning and Zoning Permit:
a. For any improvements or modifications (widening) of existing access must obtain a new access permit from WYDOT.
b. Ideally and eventually in addition to the plan view, please provide a bubble detail insert of the proposed access improvements with dimensions and limits of affected sidewalk,
curb and gutter.
c. Show details of removing (replace with standard curb/gutter & sidewalk) existing two curb cuts serving Etna Trade Company (ETC).
d. Consider centering the 40' approach curb cut on the property line with ETC.
e. Consider shifting (widen) alignment of Clearview Dr. north to minimize the abrupt
vehicle taper transition westbound.
f. Confirm adequate vehicle storage capacity of the eastbound right & left-turn pockets.
g. Provide a striping plan for Clearview Dr.
h. Recommend providing an access easement and/driveway via Clearview Dr. for ETC.
May 16, 2025
Elizabeth Williams & Ken Kuluski Lincoln County Office of Planning and Development Department: Afton Office 61 E 5th Ave. | 421 Jefferson St. Suite 701
Afton, WY 83110
Via hand-delivery and email to planning@lincolncountywy.gov Dear Planning Office:
RE: Matthew Burtness | Etna Village Post Apartments Conditional Use Permit Extension: File No. 101 CUP 23 Extension Request of CUP Permit Expiration from August 3rd, 2025, to August 3rd, 2026
Attachments: File No. 101 CUP 23 Final Determination Dear Lincoln County Office of Planning and Development,
Together with Architect Brett Bennett, we represent Matthew Burtness and Etna Post, LLC
with respect to the above-referenced project. Please consider this our request for a one-year Conditional Use Permit extension based on the following reasons: 1) Approval of File No. 101-CUP 23 included several conditions that were necessary
for approval but time-consuming to satisfy.
2) The owner agreed to all conditions, however, the UIC permit has taken extra time to complete. 3) Condition no. 11 requires that a UIC permit is obtained prior to the issuance of a Zoning and Development permit.
4) Although we expect UIC approval, the entire project cannot proceed until a UIC is
approved and a Zoning and Development Permit is issued. 5) File No. 101 CUP 23 final determination is dated August 3rd, 2023. 6) The CUP timeline to start construction is (2) years from the approval date leaving less than (4) months remaining as of April 2025.
7) For a project of this scale to proceed, adequate time must be provided for bidding,
negotiation, and commitments with local subcontractors to align with seasonal conditions in Star Valley.
80 E. 1ST Ave. P. O. Box 850 Afton, WY 83110 307-885-7745 6234 Yellowstone Rd. Cheyenne, Wyoming 82009 307-638-7745
Henry F. Bailey, Jr. Lance T. Harmon* Wallace L. Stock Dale W. Cottam†
Douglas W. Bailey* Ronald J. Lopez Andrew Bailey Brandon B. Taylor*^ *Also licensed in Colorado †Also licensed in Idaho and Utah. ^Also licensed in New Mexico.
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Accordingly, a one-year extension is reasonable based on the level of conditions placed on
File 101 CUP 23/Etna Village Apartments and the time it takes to satisfy those conditions. Such an extension will allow the owner to properly plan the project once the UIC/Zoning and Development permits are issued.
If you have questions regarding this request or would like to discuss, please feel free to
contact me or Architect Brett Bennett at 307-880-4280 and bbennett@alpinearchstudio.com Thank
you for your consideration.
BAILEY | STOCK | HARMON | COTTAM | LOPEZ LLP
BY: DALE W. COTTAM