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HomeMy WebLinkAboutSVR RV BCC Staff Report 7-2-25 Complete Star Valley Ranch RV Violations / Permitting BCC LINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS STAFF REPORT Violation and Permitting Hearing 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 SVR RV Violation & Permitting APPLICANT: Leisure Valley, LLC PROJECT NAME: Star Valley Ranch Violation and Permitting COMMUNITY PLAN AREA: Star Valley Ranch ZONING: Recreational PLANNER: Ken Kuluski PARCEL ID: 3418-06-2-00-002 ______________________________________________________________________________ PROPOSAL: A request for the Board of County Commissioners to sign a fine violation and permit determination. LOCATION: Located 0.5 miles west of the Town of Star Valley Ranch ATTACHMENTS: • History of Star Valley Ranch RV permitting • Agreement offers by Leisure Valley Inc dated June 18, 2025. PLANNING STAFF RECOMMENDATION: Planning Staff recommends that the Board of County Commissioners APPROVE the Determinations of Violations 1-8. Planning Staff recommends that the Board of County Commissioners APPROVE the Determinations of Permitting 1-3. Planning Staff recommends that the Board of County Commissioners APPROVE the Determinations of Fines 1-3. Planning Staff recommends that the Board of County Commissioners APPROVE the Determinations of Recording 1-7. DETERMINATION OF VIOLATIONS 1. The Developer violated Wyoming Statute W.S. 6-5-307 acting as an agent of Lincoln County and State of Wyoming during permitting processes. Star Valley Ranch RV Violations / Permitting BCC 2. The Developer violated the Master Plan by permitting permanent structures in the RV park. An unauthorized modification to a certified (ANSI A 119.5) recreational vehicle removes that certification. 3. The Developer violated the Master Plan by operating as a Commercial Storage Yard when collecting a fee for the storage and upkeep of Recreational Vehicles left in the park after closure. 4. The Developer violated the Master Plan by allowing an Elevation Park Model Sales Office to operate inside the park. 5. The Developer violated Lincoln County Land Use Regulations by not obtaining two (2) additional County Road Access permits to access Muddy String for residents and construction crews. 6. The Developer violated the Conditions of Approval requiring installation of tree buffering along Muddy String, opaque fence buffering to the South of the park, and widening of the entrance to thirty (30) feet. 7. The Developer violated the Conditions of Approval requiring all lots to have an address assigned by the County. 8. The Developer violated the Conditions of Approval requiring all road signs to meet County standards. DETERMINATION OF PERMITTING 1. The Developer may continue to permit any structures which are not greater than 799 square feet and do not contain living quarters within the park. 2. The Developer shall get a County Permit for each new Park Model RV placed in the park after July 2, 2025. 3. No modifications of Park Model RVs shall be permitted in Lincoln County after July 2, 2025. DETERMINATION OF FINES 1. The Developer shall pay $750 per year, for three (3) violations of 1985 Master plan amendment ($90,000). 2. The Developer shall pay labor and notification costs to address the park ($2,000). 3. The Developer shall pay for a blanket Variance application for non-conforming Park Model RV’s permitted by the Developer prior to July 2, 2025 ($850). Total fine amount: $92,850 to be paid to Planning Office in full by October 31, 2026. Star Valley Ranch RV Violations / Permitting BCC DETERMINATION OF RECORDING 1. The Developer shall submit a list of all non-conforming Park Model RV’s permitted by the Developer to the Planning Office by October 31, 2025. 2. The Developer shall submit a lot address sign plan for approval by the Planning Office by October 31, 2025. 3. The Developer shall submit a County Road Access Permit for each private and/or public access to Muddy String. Access roads must meet Lincoln County Road Design Standards and be inspected by the Planning Office by October 31, 2026. 4. The Developer shall provide a map of updated addresses at the main entrance of the park for emergency services to be completed and inspected by the Planning Office by October 31, 2026. This Map shall be readable in any light or weather condition and maintained for clarity and accuracy annually by the Developer. 5. The Developer shall provide proof to the Planning Office that Plat 5 Stage 3 is part of the Phase IV Master Plan which required, “All lots identified under Phase IV do not have water rights permits from Green or Prater Canyon Springs. When Phase IV is constructed, an independent source and separate distribution system must be installed.” By October 31, 2026. 6. The Developer shall provide a notarized affidavit that all requirements of this violation and permitting determination have been met to the Planning Office by October 31, 2026. 7. Any proposed new development shall meet the current Land Use Regulations process, requirements and fee structure. 1 A Short History of Star Valley Ranch RV Park Planning Permits: September 8, 1982: PZC 82-19 RESOLUTION OF APPROVAL for Star Valley Ranch Recreational Vehicle Park, Inc. Application for PZC 82-19 is titled, “Star Valley Ranch R.V. Park Plat 1 and total acreage is 38.22 acres, number of lots is 475, and lot size is a minimum .045 acres and maximum .074 acres. Private Central Water and Sewer. Fire Protection is “Covered in Covenants.” October 10, 1982: PZC 82-21 RESOLUTION OF APPROVAL for preliminary and final plat for the proposed Star Valley Ranch Recreational Vehicle Park. November 3, 1982: 82-528RR PERMIT TO CONSTRUCT “a spring water collection system, water distribution system, sewage collection system, and a sewage lagoon system” facility granted by William L. Garland, Administrator of Wyoming Water Quality Division, and Robert E. Sundin, Director of the Dept. of Environmental Quality. Undated Variance Request in the PZC 82-7 folder with no number signed by Gary Jenkins, Chairman Lincoln County Planning and Zoning Commission. “Whereas, a variance is requested to allow one parking space per unit provided that restrictive covenants prohibit parking on streets and delineate that only one vehicle can be parked on each lot for the purpose of allowing a unique concept design for an RV Park….” Minutes from July 28, 1982 PZC “Robbyn Wood presented a summary of the staff report. Two entrances into the park were discussed in regard to security and fire protection. It was mentioned that other parks had two entrances, but that one entrance was kept closed with a locked gate.” Minutes from August 25, 1982 PZC Public Hearings C. PZC 82-19 Star Valley Ranch RV Park/Variance records, MOTION: “Bert Feuz moved that the variance for the roadways as requested (See Exhibit A) be recommended for approval for Phase I of the Star Valley Ranch Recreational Vehicle Park providing that Phase I will be monitored for adequacy… Passed unanimously.” MOTION: “Gary Holson moved that one parking space per unit be allowed in the Star Valley Ranch RV Park provided that restrictive convenient prohibit parking on streets and delineate that only one vehicle can be parked on each lot. Bert Feuz seconded…Passed unanimously.” MOTION: “Bert Feuz moved that the variance request for guest parking be tabled until figures can be provided on the total parking…Passed unanimously.” September 25, 1984 “Notice of Violation” “….You have commenced construction of another phase of the development which has not been issued a subdivision permit nor is in conformance with the Recreational Vehicle Park Master Plan. Construction of a ten (10) unit guest lodging facility has been initiated in a location specified for parking. The Board 2 of County Commissioners has requested that you submit an application to amend the Recreational Vehicle Park Master Plan.” 11-30-1984 Master Plan Application for Star Valley Ranch RV Park Plan 13. Other: “Developer wishes to change RV Master Plan a. Change lots from 35’ x 65’ to 45’ x 65’ and make pull-thru sites for better access and maintenance and operation b. Streets to be paved 30’ rather than 25’ with 30” sidewalks c. Add specifics – Swimming pool, Convenience – Laundry – restroom, Sales & Admin bldg.., water slide, video room for children, and guest lodging. Roads and utility system plans remain the same.” Dec 5, 1984 AGREEMENT 1.) The County shall approve PZC 84-9 provided the Developer complies with the following conditions: e) The Developer will install at Developers sole expense monitoring wells under supervision of DEQ adjacent to the sewage lagoons by August 1, 1985. j) That the Developer provide a location board showing lot numbers, plat numbers and street names for purposes of fire and emergency response by August 1, 1985. That the location of said board shall be at the entrance of said Development. k) The Developer shall construct a turn lane adjacent to the RV Park when the County has identified this need because of increased traffic flow at the RV Park. It appears that the following resolution approved the application to amend with some conditions: February 6, 1985 Resolution of Approval PZC 85-1 Master Plan Amendment “Whereas, Charles King…has applied to amend the Star Valley Ranch Recreational Vehicle Park Master Plan….reviewed January 30, 1985….DOES APPROVE….with the following stipulations and conditions: 1. Utility easements for the new amenities be provided on the site plan. 2. The developer will provide a turn lane on Muddy String Road to accommodate the new access road. 3. That the developer in cooperation with the Thayne Fire Department examine the RV Park’s fire protection needs on a regular basis. 4. That the Office of Planning and Development will be involved in DEQ review of the water and sewer system for the RV Park. 5. The applicant and the Office of Planning and Development will at the earliest opportunity, inspect all improvements in the RV Park. 6. That the developer contact the Office of Planning and Development prior to any site preparation or construction of improvements to the RV Park and its support facilities.” 3 PZC 94-28 SVR RV Park Master Plan Revision Staff report dated March 15, 1995: “Proposal to revise the Star Valley Ranch RV Park Master Plan to include new facilities which are cabins, bathhouses, expansion of the motel, picnic areas, a pool and associated facilities, a bumper pool, a miniature golf course, volleyball court, open air kitchen, and hobby and craft centers. Lots in Phase I, under Plat I of the RV Park are not being revised. The total number of RV Lots proposed is 1,385.” Approved by the BCC on March 15, 1995 with Conditions of Approval as follows: 1) Any trash enclosure(s) which are located at the project site shall be screened and designed to prevent trash from being scattered by the wind and animals, and trash shall be hauled from the site at least once a month. 2) Each lot shall be provided with hookups for water, sewer, and electricity. 3) All utility installations shall be underground. 4) Should any lots outside of Phase I, as shown on the approved Master Plan, be sold, a subdivision plat shall be prepared and approved by the Board of County Commissioners prior to such sale. 5) All streets in the project shall have signs and all lots shall be assigned an address by the county. The address shall be posted according to county standards. 6) Any future expansion shall receive the appropriate approval of the Wyoming Department of Environmental Quality Water Quality Division (DEQ/WQD) for expansion of water and sewer facilities prior to construction. 7) All unpermitted facilities existing on the project shall be permitted through the Class I permit process within one year of the approval date of this Class II Master Plan. 8) Any future construction of any new facilities contained on this Master Plan shall be permitted through the Class I permit process prior to construction. This includes any construction of any lot outside of Phase I, as shown on the approved Master Plan. (Note: This requirement is per the Lincoln County Permit System Resolution. Full phases need not be constructed in totality, but any part of any phase outside of Phase I. shall be permitted prior to construction.) 9) All setback requirements of the Lincoln County Permit System Resolution with regard to the RV Park Standards of that Resolution shall be followed in placing RVs or other such kinds of non-permanent living structures on the RV lots shown on the Revised Master Plan being approved. This condition does not supersede any more restrictive requirements as may apply to this project in the General and Special Standards Governing Mobile Home Parks; Recreational Vehicles and Tenting; and Campgrounds, Wyoming Department of Health. 10) Prior to construction of any facility outside of Phase I, as shown on the approved Master Plan, culinary water rights shall be reallocated according to the requirements of the Wyoming State Engineers Office. 11) Prior to construction and permitting of proposed facilities in Phase I which will use water and do not have proper water rights points of use allocated, a petition to amend the existing water rights permits allocation shall be submitted to the State Engineer. These facilities include the proposed pool and pool house, the five covered picnic areas and open air kitchen, the nine new guest cabins and restroom associated with the cabins located on the north side of the North Branch of Cedar Creek. Proof of water rights allocation from 4 the State Board of Control/State Engineer's Office shall be submitted with the required Class I permits. 12) The land within Phases II, III, and IV which has irrigation water rights shall be redescribed either by moving the water rights to another property that can be irrigated or by describing the areas within the RV Park to be irrigated and abandoning any unused water rights or by fully abandoning the irrigation water right. This shall be done prior to issuance of a Class I permit for RV Park facilities within Phase II, m, and IV including construction of RV Lots. Proof shall be submitted from the Board of Control/State Engineer's Office shall be submitted with the required Class I permits. 13) Ponds identified as the existing fish ponds in the southeastern comer of the approved Master Plan shall have all proper water rights and permits obtained. Appropriate materials shall be submitted to the State Engineer's Office within 6 months of the approval date of this Master Plan. Proof of this submittal shall be forwarded to the Planning Office. If there are ponds on the RV Park Golf Course these ponds shall be properly permitted with the State Engineer's Office. 14) Proper submittals and permits shall be obtained from the Wyoming Department of Agriculture for the RV Park and all facilities included therein requiring such submittals and permits. Within one year from the approval date of the Master Plan the applicant shall contact the Wyoming Department of Agriculture-Consumer Health to inquire what needs to be done to satisfy the department of Agriculture requirements. Proof of contact and compliance with any requirements shall be submitted to the Planning Office. 15) All RV Lots covered by this Master Plan shall have a fireplace and picnic table. 16) The Star Valley Ranch Recreational Vehicle Park shall meet and operate under the standards of the General and Special Standards Governing Mobile Home Parks; Recreational Vehicles and Tenting; and Campgrounds, Wyoming Department of Health." 17) Storm water is to be carried off-site without damage to surrounding properties. 18) All permanent facilities shall be designed such that storm water is directed away from the structures. 19) A total of 63 parking stalls, a minimum of 10' x 20' in size shall be provided to serve the guest quarters and cabins, as shown on the approved Master Plan. 20) Proper submittals and permits shall be obtained from the Wyoming Department of Fire Prevention and Electrical Safety for the RV Park and all facilities included therein requiring such submittals and permits. Within one year from the approval date of the Master Plan the applicant shall contact the Wyoming Department of Fire Prevention and Electrical Safety to inquire what needs to be done to satisfy the Department's requirements. Proof of contact and compliance with any requirements shall be submitted to the Planning Office. 21) The Sales Office located on a separate parcel north of the project entrance has been permitted by Lincoln County. However, the water source for this facility is the common system. Within 6 months from this Master Plan approval date the correct information concerning the water rights to this facility shall be submitted to the State Engineer's Office for approval. Proof of this submittal shall be forwarded to the Planning Office. 22) With the construction of any lots or facilities (excluding the present existing fish ponds) in Phase IV, as shown on the approved Master Plan, buffer shall be done along the southern boundary of the project. This buffering may be an opaque fence a minimum of 6 feet in height or by the planting of trees spaced to limit views from the south into the RV 5 Park. Letter dated April 11, 1996 regarding Civil Action No. 9495 Star Valley Ranch Association vs. Board of County Commissioners (in regards to water sources, common water system and water rights between Star Valley Ranch and the RV park). “The residential subdivision was started in 1969, prior to any subdivision regulation by Lincoln County; and the RV park was permitted in 1982. Both subdivisions were developed by Leisure Valley; and both subdivisions received their subdivision permits from Lincoln County, Wyoming, without any controversy concerning the adequacy or inadequacy of water sources. At the time their permits were· issued, in compliance with state law, a licensed Wyoming engineer certified "the adequacy and safety of the domestic water source" for each subdivision.” “….We find that the entire master plan described as the Star Valley Ranch RV Park revised master plan was approved in 1985 by the Lincoln County Commissioners. That master plan provided for 1,400 RV park lots and various facilities. The water source was reviewed at the time as part of that plan. The permit in this action provides for only 1,025 RV park lots that will be included on the community water source currently identified.” “….The project will not have any significant adverse impacts on neighboring properties specifically because . . . the project has had engineering studies conducted regarding the water supply . . . and conditions have been attached to address water rights issues ....” April 17, 2000 letter from BCC Chairman stating, “On April 12, 2000 they approved #704 PZ 00 a preliminary plat of a master plan development to subdivide 7.2 acres into 98- 0.05 acre parcels…” Conditions of Approval are: 1. No lots are to be sold until after the final plat is approved and recorded. 2. Preliminary Plat approval is valid for one (1) year after the Board approval date. A one year extension may be requested per Section 1.10 of the Lincoln County Subdivision Resolution. 3. All easements shall be shown on the final plat(s). 4. Disturbed areas for roads and other facilities shall be reseeded to prevent noxious weeds. 5. A financial surety may be used to bond for required project improvements. This surety shall be available to the county at time of approval of the final plat. The surety shall be 110% of the costs of improvements as shown on a submitted cost of improvements worksheet. 6. All numbering and lettering on the final plat(s) shall be legible. 7. All lots shall be provided with electricity, and lots shall be provided with phone service. 8. Prior to final plat(s) approval all proper land recordation certificates shall be filed in with the County Clerk. All proper required survey monumentation shall be placed within the subdivision and the final plat shall show these monumentation. 9. The final plat(s) shall meet the standards as specified in the Lincoln County Subdivision Resolution in effect at the time of approval of the preliminary plat by the Board of County Commissioners. 10. The final plat(s) shall have a specified road name for the subdivision road(s). August 10, 2005 Final Plat approval for 515 ZD 05 SVR RV Phase II, Stage 2 6 The August 10, 2005 Background section of the Staff Report states, “The Amended Master Plan for the RV Park was approved by the county in 1995. At completion, the park will number approximately 1, I 00 RV lots. The original plan proposed that the lots be considered subdivision lots, that is, with the ability to be bought and sold. Although the size of the lots in no way conforms to current subdivision standards, the original plan factored in the seasonal nature of the development along with the provision for central utilities.” August 11, 2010 BCC approved vacation of 73 lots (Lots 658 through 730). August 23, 2017 Plat 4 Stage 2 Subdivision was approved for final plat. 38 lots on 2.62 acres. October 3, 2018 Final Plat approval for Plat 4 Stage 3 Subdivision. File # 704 PZ 17. They subdivided 2.66 acres into 32 lots. They had been previously platted and then vacated in 2010, now re- platted as “lots slightly larger than the plat that was vacated in 2010.” May 7, 2019 Preliminary Plat approval for Plat 5 Stage 1. Water and Wastewater System Adequacy Study Feb 2019 submitted with the application. 68 lots on 6.20 acres. Conditions of Approval include 2. A. Compliance with WYDEQ Stormwater Discharge Permit Program, Background in the Staff Report: “In conformance with a 1995 Amended & Revised Master Plan of Development, applicants seek to obtain Preliminary Plat approval for Star Valley RV Park Plat 5 Stage 1 of the development. The Preliminary Plat will allow the construction of improvements for 68 lots on approximately 6.20 +/- acres in the Recreational Zone. In 2007 Star Valley Ranch RV Park Plat 4 Stage 1 for 141 lots on 11.69 +/- acres was approved and platted. On August 11, 2010, the Board of County Commissioners approved the vacation of Lots 658 through 730 (73 total lots) and the filed plat was noted by the Clerk's Office. On August 22, 2017, Stage 2 Final Plat was approved by the Board of County Commissioners, which included 3 8 lots on 2.62 +/- acres. On October 3, 2018 the Board of County Commissioners approved 32 lots as Plat 4 Stage 3 Final Plat to be served by the existing Star Valley Ranch RV Park water system and sewage lagoon system, in addition to paved roadway, water and sewer systems, electrical power, sign installation, and riparian or grassed strip buffers.” Leisure Valley, Inc. (Star Valley Ranch RV Park) PO Box 299 Thayne, WY 83127 June 18, 2025 Ken Kuluski, Director Office of Planning and Development and The County Commissioners of Lincoln County, WY 925 Sage Avenue, Suite 201 Kemmerer, WY 83101 VIA EMAIL Gentlemen, In response to the memo from Ken Kuluski concerning matters to be discussed at the next meeting of the Board of County Commissioners on July 2, 2025, Leisure Valley, Inc. (“LVI”) would like to work out an agreement whereby LVI can be permitted to develop the remaining 18 lots in Plat 5, Stage 3 as part of the Phase IV Master Plan, and also permit the addition of so called “Arizona Rooms” and small additions to Arizona Rooms in the RV Park. In this regard, LVI proposes that we come to an agreement for appropriate procedures to be followed to accomplish the foregoing, substantially as follows: 1. Park Models During 2025. LVI will provide a list to the County of all park models set in place during the 2025 season by October 15, 2025. 2. Additions to Park Models. It is our belief that certain additions to Park Models should be allowed in Lincoln County under current regulations in certain situations according to the County Building Rules and Regulations. Therefore, LVI is looking forward to discussing and resolving this procedure on July 2, 2025, during the Commissioner’s meeting, at which time it is our hope that the Commissioners will adopt a more definitive official permitting process and clarify the requirements for adding additions to Park Models. More specifically, it is our understanding that procedures are already in place in Lincoln County relating to making additions to Park Models. In general, we understand that adding rooms to Park Models is possible, but requires following a specific process and adhering to County Regulations. Our investigation into this matter indicates that the following are applicable to this procedure: (a) Approval Process: Any improvements to a lot, including adding rooms to Park Models must go through an approval process before construction begins. (b) Permitting: Once approved, a permit must be obtained and clearly displayed on the property. (c) Building Codes and Regulations: Park Models are generally limited to 400 square feet due to their RV classification, Mr. Ken Kuluski and the County Commissioners June 18, 2025 Page 2 (d) Accessory Dwelling Units (“ADUs”): It is our understanding that Park Model (tiny homes) can potentially be used as ADUs in Lincoln County, depending on local ordinances. If adding a room converts the Park Model into an ADU, additional regulations may apply. (e) Local Authority: It is our understanding that a lot owner must contact the local building or zoning department to ensure that their Park Model and any additions comply with local regulations and to confirm whether using the Park Model as an ADU is allowed. (f) Approval and Permitting Processes: In summary, we understand that while adding rooms to Park Models in Lincoln County is not strictly prohitibted, it is crucial to follow the established approval and permitted processes and comply with all building codes and regulations, by consulting with the local authorities to ensure compliance and avoid potential issues. 3. July 2, 2025 Meeting. It is the hope of LVI that the County Commission can clarify the procedures relating to requirements for adding additions to Park Models. 4. 18 Lots in Plat 5, Stage 3. Virtually all of the discussions concerning current issues at the RV Park were precipitated by LVI’s application to develop the foregoing 18 lots, to complete Phase IV of the RV Park Master Plan. In order to further this objective, if we can work out the above-referenced issues relating to Park Models and additions to Park Models, LVI would be willing to also install the following improvements in the RV Park: a. Street Signs and RV Park Addresses. LVI will agree to replace 1/3 of all RV Park street signs each year over the next three years, with regulation county street signs. LVI, with the County’s assistance, will assign Geographical Information System (“GIS”) addressing for all lots with final addresses approved by the County by October 31, 2026. b. Additional RV Park Entrances. LVI will agree to make improvements to the Oxbow Southern Access Entrance by installing gravel, and will install an emergency crash gate by December 31, 2026. In addition, LVI will keep the second Middle Construction Entrance open for 24-hour emergency access during the RV Park season. c. Fire Hydrants. LVI will agree to install one new fire hydrant on the RV Park Golf Couse water line in the area of our Social Dance Barn, by October 31, 2026. That water line has 125-150 lbs. pressure and will fill a fire pump truck rapidly. d. Registration of RVs in Wyoming. LVI will advise all lot owners that choose to leave their RVs, motor homes, fifth wheels or travel trailers for the winter, that they will need to register their RVs in Wyoming with current license plate tags. It is our understanding that Lincoln County is the only entity that could issue citations to those who do not comply, since LVI has no police powers to issue citations. 5. RV Park Lots 744 and 753. LVI never allowed or advised the owners of lots 744 and 753 in the RV Park that they could convert their lots to “real property.” Since the County Mr. Ken Kuluski and the County Commissioners June 18, 2025 Page 3 apparently authorized this to occur, we believe that the County should be responsible to work with those two lot owners to apply for a variance. 6. It is also our sincere hope that we can come to a workable understanding concerning what LVI can economically do in order to complete Plat 5, Stage 3, as part of the Phase IV Master Plan, and resolve the issues concerning Park Models and additions thereto. Thank you for your consideration in connection with this matter. Leisure Valley, Inc. By: H. Val Stewart H. Val Stewart, President