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Home My WebLink About201 MS 25 Bar VT Ranchettes Second Filing Staff Report 201 MS 25 BCC LINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS STAFF REPORT Minor Subdivision Final Plat Application HEARING TIME AND DATE: 10:00 a.m., July 2, 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 # 201 MS 25 APPLICANTS: Rick L. and Barbara Ann Sessions PROJECT NAME: Bar VT Ranchettes Second Filing COMMUNITY PLAN AREA: Upper Valley ZONING: Rural REPRESENTATIVE: Surveyor Scherbel, Ltd. PLANNER: Mikayla Hibbert PARCEL ID: 3119-123-00-133 ______________________________________________________________________________ PROPOSAL: A Minor Subdivision Final Plat application to subdivide 15.96 +/- acres into three residential lots with an average lot size of 5.32 +/- acres in the Rural Zone. The proposed subdivision will have two shared driveway accesses off of Dry Creek County Road 146. The lots will have individual wells and individual septic systems that meet current State and County standards. The developer has completed the requirements of the Conditions of Approval and Development Agreement with Lincoln County including the submittal of a Water Distribution Plan to the State Engineers Office, a fencing plan to meet State Statutes, a review for mail services from USPS, and installation of electrical power and communication lines to each lot. LOCATION: Located 1.1 miles southwest of Afton, Wyoming in T31N, R119W, Section 12. ATTACHMENTS: 1. Final Plat 2. Development Agreement PLANNING STAFF RECOMMENDATION: Planning Staff recommends that the Board of County Commissioners APPROVE File # 201 MS 25, Bar VT Ranchettes Second Filing, with: ● Findings of Approval A. thru C. ● Resolution of Approval 201 MS 25 BCC FINDINGS OF APPROVAL: A. The proposed subdivision is consistent with the goals and objectives of the Lincoln County Comprehensive Plan. B. The proposed subdivision is consistent with the standards and procedures of the Lincoln County Land Use Regulations. C. The proposed subdivision is consistent with the provisions W.S. 18-5-301 through W.S. 18-5-315. DEVELOPMENT AGREEMENT FOR BAR VT RANCHETTES 2ND FILING FILE NO. 201 MS 25 THIS AGREEMENT is made and entered into as of theth day of February, 2025 by and between Lincoln County, Wyoming, hereinafter referred to as "County", whose address is 925 Sage Ave Suite 301, Kemmerer, Wyoming, 83101 and Rick Lee Sessions and Barbara Ann Sessions, Trustees of the Rick L. Sessions and Barbara Ann Sessions Living Trust dated July 20, 2022 hereinafter referred to as "OWNER/DEVELOPER," whose address is P.О. Box 1044, Afton, WY 83110. WHEREAS, it is the intent and purpose of the OWNER/DEVELOPER to meet the conditions of approval for File No. 201 MS 25 Bar VT Ranchettes 2nd Filing to subdivide approximately 15.96 acres into 3 lots as set forth in the Preliminary Plat; and WHEREAS, the OWNER/DEVELOPER is the sole owner of the identified certain Property (see Exhibit A) located in the County; and WHEREAS, it is the intent and purpose of the OWNER/DEVELOPER and the County to enter into this Agreement that will guarantee the full and satisfactory completion of the required Improvements on the Property described in this Agreement and it is the intent of this Agreement and the parties to satisfy the Improvement requirements and to provide for the approval of the Final Plat application by the Lincoln County Board of County Commissioners and the Final Plat recordation in the Office of the Lincoln County Clerk of Bar VT Ranchettes 2nd Filing; NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties agree: Section 1. Definitions 1.1 SUBDIVISION: The subject of this Agreement, which is designated and identified as File No. 201 MS 25 Bar VT Ranchettes 2nd Filing on the Property described in Exhibit A in the jurisdiction of Lincoln County, Wyoming. This definition shall include any and all future mention to the term SUBDIVISION. 1.2 IMPROVEMENT: Any alteration to the land or other physical construction located on or off the Property that is associated with this subdivision, building site, or development. 1.3 OWNER/DEVELOPER: means and refers to and Rick Lee Sessions and Barbara Ann Sessions, Trustees of the Rick L. Sessions and Barbara Ann Sessions Living Trust dated July 20, 2022 whose address is P.O. Box 1044, Afton, WY 83110, the party that owns and is developing the Property and shall include and subsequent owner(s) or OWNER/DEVELOPER(s) of the Property.1038827 3/5/2025 8:55 AM 1 OF 11LINCOLN COUNTY FEES: $42.00 PAGE BOOK: 1129 PAGE: 862 AGREEMENT APRIL BRUNSKI, LINCOLN COUNTY CLERK 201 MS 25 Page 1 of 10 ز 1.4 PROPERTY: means and refers to the identified approximately 15.96+/- acres of a certain parcel(s) of Property located in Lincoln County, Wyoming, as described in Exhibit A. Section 2. Planned Improvements. The OWNER/DEVELOPER shall, at its sole cost and expense, properly install and complete the following required improvements: Install electrical power and communication lines to each identified lot. Surveyor's lot monuments as set forth in the Preliminary Plat attached hereto as Exhibit B. Reseed disturbed areas to avoid weed infestation and erosion. Meet subdivision fencing laws per Wyoming Statute 18-5-319. OWNER/DEVELOPER agrees that these Improvements shall be installed in compliance with Lincoln County Land Use Regulations Chapter 6 adopted by the County or other agencies responsible for providing services to the Development. Section 3. Sales or building permits. No lot shall be sold prior to final plat approval by the Lincoln County Board of County Commissioners and recording by the Lincoln County Clerk. Also, no building permits shall be issued by the County until final plat approval and recording. Section 4. Schedule for Commencement and Completion of the Improvements. The OWNER/DEVELOPER shall commence construction of the Improvements for SUBDIVISION within two (2) years after the SUBDIVISION Preliminary Plat approval by the Lincoln County Board of County Commissioners. The OWNER/DEVELOPER will complete construction of the Improvements within three (3) years after approval of the Preliminary Plat. If OWNER/DEVELOPER does not commence construction of the Improvements within two (2) years or complete Improvements within three (3) years of the date of SUBDIVISION Preliminary Plat approval by the Lincoln County Board of County Commissioners, the preliminary plat approval for SUBDIVISION will be automatically revoked. At such time, the OWNER/DEVELOPER must reapply for approval of SUBDIVISION under the then current County subdivision regulations. If OWNER/DEVELOPER timely completes the Improvements and meets all of the conditions of approval set out in the Final Determination approving the Preliminary Plat and improvements as outlined in this Development Agreement, a Final Plat shall be signed and recorded. Section 5. Control of trash, weeds, dust, erosion, and sedimentation. The OWNER/DEVELOPER shall be fully responsible for all dust abatement, erosion, sedimentation, weed, and trash control on the Property required by any County, State or Federal regulations. OWNER/DEVELOPER shall use best management practices and industry standards for control. Trash shall be contained at all times. The responsibilities in this Section shall run with the land and shall therefore apply before, during, and until completion of Improvements. 201 MS 25 Page 2 of 10 Section 6. Permits. The OWNER/DEVELOPER is responsible for obtaining all 60' right-of- way, easements, access, excavation, and other permits and approvals required by local, State, or Federal regulations. Section 7. Inspections. The OWNER/DEVELOPER's representatives shall make regular inspections and maintain control of the SUBDIVISION while it is under construction. Representatives of the County shall have the right to enter upon the Property at any reasonable time to inspect and to determine whether the OWNER/DEVELOPER is in compliance with this Agreement. The OWNER/DEVELOPER shall permit the County and its representatives to enter upon and inspect the Property at reasonable times. The OWNER/DEVELOPER will not materially deviate from the Improvements required herein without the prior written approval of the County, which approval will not be unreasonably withheld. Section 8. Final Inspection and Approval of Improvements. The OWNER/DEVELOPER shall notify the County when it believes that the Improvements have been fully and properly completed and shall request final inspection and approval and acceptance of the Improvements by the County. At the time of such notification to the County, OWNER/DEVELOPER shall submit to County a set of "as built" plans and specifications, prepared by its engineer. The County will provide interim and final inspection of the Improvements within a reasonable time period after notification by the OWNER/DEVELOPER of completion and submission of "as built" plans and specifications. Upon inspection, the County shall give written acceptance of the Improvements or a written checklist of material deficiencies, such noted deficiencies shall be specific as to location and shall specify, in detail, the necessary corrective action to be taken by the OWNER/DEVELOPER. Upon approval of the final inspection, the County shall notify OWNER/DEVELOPER of its acceptance of the Improvements. Section 9. Warranty of the Improvements. The OWNER/DEVELOPER warrants the prompt and satisfactory correction of all defects and deficiencies, for both materials and workmanship, in the Improvements that occur or become evident within one year. If such defect or deficiency occurs or becomes evident during such period, then the OWNER/DEVELOPER shall, within thirty (30) days after written demand by the County to do so, correct it or cause it to be corrected. If the defect or deficiency cannot be reasonably corrected within thirty (30) days after written demand from the County, the OWNER/DEVELOPER shall commence the correction of the deficiency within the thirty (30) day period and proceed with reasonable diligence to correct the same or cause it to be corrected. Section 10. Remedies. In the event the OWNER/DEVELOPER fails to perform any of the terms, conditions or obligations in this Agreement or has not resolved a defect or deficiency under this Agreement, the County, at its option, may exercise any rights and remedies it may have under law. Furthermore, the County reserves the right, in its absolute discretion, to revokе the OWNER/DEVELOPER's approvals for SUBDIVISION. In the event of said revocation, OWNER/DEVELOPER must reapply for approval of SUBDIVISION under the then current County subdivision regulations. Section 11. Default. If the OWNER/DEVELOPER fails to fully perform any of its obligations in accordance with this Agreement, or fails or refuses to correct any defect or deficiency in the 201 MS 25 Page 3 of 10