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HomeMy WebLinkAbout701 MA 25 Etna Ranch Phase I Final Plat Staff Report 701 MA 25 BCC APPLICANTS: Earl J. Darway Family Trust c/o Earl Darway PROJECT NAME: Etna Ranch Phase I COMMUNITY PLAN AREA: Thayne ZONING: Rural REPRESENTATIVE: Surveyor Scherbel, Ltd. PLANNER: Mikayla Hibbert PARCEL ID: 3519-262-00-057 & 3519-261-00-052 PROPOSAL: A Major Subdivision Phased Plat Final Plat application to subdivide 49.13 +/- acres into 10 lots in the Rural Zone. This is Phase I of the approved Master Plan for Etna Ranch Subdivision. The subdivision will access off of Clark Lane County Road 115 and create three subdivision roads with two cul-de-sacs. The developer has completed the requirements of the Conditions of Approval and Development Agreement with Lincoln County including a fencing plan to meet State Statutes, a review for mail services from USPS, installation of an approved subdivision road with a parent parking area, and installation of electrical power and communication lines to each lot. LOCATION: Located 1.1 miles west of the Town of Star Valley Ranch, Wyoming T35N, R119W, Section 26. ATTACHMENTS: 1. Final Subdivision Plat 2. Development Agreement PLANNING STAFF RECOMMENDATION: Planning Staff recommends that the Board of County Commissioners APPROVE File # 701 MA 25, Etna Ranch Phase I, with: ● Findings of Approval A. thru C. ● Resolution of Approval LINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS STAFF REPORT Major Subdivision Final Plat Application HEARING TIME AND DATE: 10:00 a.m., October 8, 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 # 701 MA 25 701 MA 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. 1039698 5/15/2025 9 11 AM LINCOLN COUNTY FEES $48 00 PAGE 1 OF 13 BOOK 1134 PAGE 400 AGREEMENT APRIL BRUNSKI, LINCOLN COUNTY CLERK DEVELOPMENT AGREEMENT ETNA RANCH PHASE I SUBDIVISION FILE NO 701 MA 25 THIS AGREEMENT 1s made and entered into as of theh day of May, 2025 by and between Lincoln County, Wyoming, hereinafter referred to as "County", whose address 1s 925 Sage Ave Suite 301, Kemmerer, Wyoming, 83101 and Earl J Darway Famıly Trust under agreement dated January 30, 2001 herenafter referred to as OWNER/DEVELOPER" whose address 1s PO Box 2337, Pısmo Beach, CA 93448 WHEREAS, it is the intent and purpose of the OWNER/DEVELOPER to meet the conditions of approval for File No 701 MA 25 Etna Ranch Phase I to subdivide approxımately 49 13 +/- acres into 10 lots as set forth in the Prelımınary Plat, and WHEREAS, the OWNER/DEVELOPER 1s the sole owner of the 1dentified certain Property (see Exhıbıt 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 Etna Ranch Phase I, NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties agree Section 1 Definıtions 11 SUBDIVISION The subject of this Agreement, which is designated and ıdentified as File No 701 MA 25 Etna Ranch Phase I 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 12 IMPROVEMENT Any alteration to the land or other physical construction located on off the Property that is associated with this subdivision, building site, or development or 13 OWNER/DEVELOPER means and refers to Earl J Darway Famıly Trust under agreement dated January 30, 2001 whose address 1s PO Box 2337, Pismo Beach, CA 93448 the party that owns and is developing the Property and shall include and subsequent owner(s) or OWNER/DEVELOPER(s) of the Property 14 PROPERTY means and refers to the identified approxımately 49 13 +/- acres of a certaın parcel(s) of Property located in Lincoln County, Wyoming, as described in Exhıbıt A 701 MA 25 Page 1 of 11 Section 2 Planned Improvements The OWNER/DEVELOPER shall, at its sole cost and expense, properly install and complete the following required improvements 1 Construct an approved subdivision road with a miınımum 26' roadway width and 70 radıus cul-de-sac The subdivision roads shall meet all Lincoln County Road Standards 2 Install electrical power and communication lines to each identified lot 3 Surveyor's lot monuments as set forth in the Prelımınary Plat attached hereto as Exhıbıt B 4 5 Reseed disturbed areas to avoid weed infestation and erosion Purchase private road name signs and stop signs through Lincoln County, Wyoming Plannıng and Development Office 6 Install road and stop signs after completion of improvements and prior to final subdıvision approval (see Lincoln County Land Use Regulations 6 18) 7 Meet subdivision fencing laws per Wyoming Statute 18-5-319 8 The developer shall provide a 13' X 60' parent parking area for proposed bus stops on the southeast corner of Clark County Road and Yellow Star Road None of the park and rıde spaces shall be in the right-of-way 9 The developer shall obtain a review by the United States Postal Service (USPS) for maıl! delivery The developer may need a plan for Cluster Box Units and an agreement with USPS The agreement may include turnout, installation placement, and snow removal Cluster Box Units shall be placed outside of the County Right-of-Way 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 untıl 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 Prelımınary 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 wıthın two (2) years or complete Improvements within three (3) years of the date of SUBDIVISION Prelımınary Plat approval by the Lincoln County Board of County Commissioners, the 701 MА 25 Page 2 of 11 1 prelımınary 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 Fınal Determination approving the Prelımınary Plat and improvements as outlned in this SUBDIVISION Agreement, a Final Plat shall be signed and recorded Section 5 Control of trash, weeds, dust, erosion, and sedımentation The OWNER/DEVELOPER shall be fully responsıble for all dust abatement, erosion, sedımentation, 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 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 maintaın control of 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 tımes 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 may submit to County a set of "as built" plans and specifications, prepared by its engineer The County will provide interım 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 satısfactory 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 thırty (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 701 MA 25 Page 3 of 11 deficiency within the thırty (30) day period and proceed with reasonable dılıgence 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 exercıse any rights and remedies it may have under law Furthermore, the County reserves the right, in its absolute discretion, to revoke 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 Improvements required by this Agreement, then the OWNER/DEVELOPER shall be in Default of this Agreement Lincoln County shall notify the OWNER/DEVELOPER of the specific Default or failing If Default occurs, then Lincoln County shall be entitled to use any of the Remedies in the preceding paragraph at its own discretion Section 12 Maintenance of Lots OWNER/DEVELOPER hereby agrees that all unsold lots shall be maintained by the OWNER/DEVELOPER at the OWNER/DEVELOPER's sole expense Section 13 Maıntenance of Roads OWNER/DEVELOPER hereby agrees that they will create a binding document either a HOA, CCRs, Road Maıntenance Agreement, Special Improvement District, or Mutual Benefit Corporations that at a minımum a) Provide an entity for ongoing road maintenance including the collection of road maıntenance fees, b) Provide an entity for ongoing snow removal including the collection of snow removal fees, c) Ensure road maintenance and snow removal are maintained indefinitely d)The chosen document must be filed at the time of final plat filing, and bind all current and future owners to the agreement Section 14 Binding Upon Successors This Development Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives Section 15 Notices Any written notices required herein shall be deemed delivered to the addressee when delivered in person on a busıness day at the address set forth below or on the thırd day after being deposited in the United States mail, for delivery by properly addressed, postage prepaid, certified or registered maıl, return receipt requested, to the address set forth below Notices to the County shall be addressed to, or delivered at, the following address Lincoln County Board of County Commissioners ATTN Planning Director Planning and Development Office 925 Sage Ave, Ste 201 701 MA 25 Page 4 of 11 Kemmerer, WY 83101 Notices to the OWNER/DEVELOPER shall be addressed to, or delivered at, the following addresses Earl J Darway Famıly Trust under agreement dated January 30, 2001 PO Box 2337 Pismo Beach, CA 93448 Section 16 Indemnification A No Liability for County Approval or Denial The OWNER/DEVELOPER acknowledges and agrees (1) that the County is not, and shall not be, in any way liable for any damages, loss or injuries whatsoever, includıng attorney fees, that may be sustained as the result of the County's issuance or denial of any permits, inspections, approvals or acceptances of the Improvements or use of any portion of the Improvements, and (2) that the County's issuance or denial of any permits, inspections, approvals or acceptances does not, and shall not, in any way be deemed to insure the OWNER/DEVELOPER, or any of its heirs, successors, assigns, tenants, or licensees or any third party, against damage or injury of any kind B Indemnification Except as provided below, the OWNER/DEVELOPER agrees to, and does hereby, indemnify the County, and all of its elected and appointed officials, officers, employees, agents and representatives from any and all claims, costs and liability of every kınd and nature that may be asserted at any time against any such parties for injury or damage received or sustained by any person or entity in connection with (1) the County's review of, denial, or approval of any plans, including those for the Improvements, (2) the inspection or issuance of any approval or acceptance of Improvements, (3) the SUBDIVISION, construction, maintenance or use of any portion of the Improvements and (4) the performance by the OWNER/DEVELOPER of its obligations under this Agreement and all related Agreements The indemnification required herein shall ınclude, but not be lımited to, any costs of defense incurred by the indemnıfied parties ıncludıng attorney fees and expert witness fees Section 17 Amendments or Alterations Any changes, omissions, modifications, revisions, additions or amendments to this Development Agreement shall be incorporated by written instrument, executed and signed by all parties Section 18 Severabılity The invalıdity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted Section 19 Filing The County shall have this Agreement recorded in the Office of the Lincoln County Clerk Section 20 Authority to Execute The County hereby warrants and represents to the OWNER/DEVELOPER that the persons executing this Agreement on its behalf have been properly authorized to do so by the Board of County Commissioners The OWNER/DEVELOPER hereby warrants and represents to the County (1) that it is the owner of record of the Property or the owner's authorized representatıve, (2) that it has the right, power, 701 MA 25 Page 5 of 11 and authority to enter into this Agreement and to agree to the terms, provisions, and conditions set forth herein and to bind the subdivision as set forth herein, (3) that all legal action needed to authorıze the execution, delıvery, and performance of this Agreement have been taken, and (4) that neither the execution of this Agreement nor the performance of the obligations assumed by the OWNER/DEVELOPER hereunder will (1) result in a breach or default under any Agreement, to which the OWNER/DEVELOPER is a party or to which it or the subdivision is bound or (11) violate any statute, law restriction, court order, or Agreement to which the OWNER/DEVELOPER or the subdivision is subject Section 21 Regulations The OWNER/DEVELOPER agrees to abide by all regulations, laws and codes of Lincoln County, the State of Wyoming, and the Federal Government Section 22 Applicable Law/Venue The construction, interpretation, and enforcement of this Agreement shall be governed by the laws of the State of Wyoming The Courts of the State of Wyoming shall have jurisdiction over this Agreement and the parties, and the venue shall be the Third Judıcial District, Lincoln County, Wyomıng Section 23 Insurance OWNER/DEVELOPER shall procure, and at all times maintain, general labılıty insurance to protect from claıms for damages because of negligence or bodily injury, including but not lımited to death and damages to property, all with coverage lımits of no less than one mıllıon dollars ($1,000,000 00) Said insurance will also provide coverage to fulfill the OWNER/DEVELOPER's indemnification requirements set forth herein and be obtained before beginning construction Upon request, OWNER/DEVELOPER agrees to provide a certificate of lıabılıty ınsurance to County evidencing said lımit Section 24 Entirety of Agreement This Agreement sets forth all promises, inducements, agreements, condition and understandıngs between OWNER/DEVELOPER and County relative to the subject matter hereof, and there are no promises, agreements, conditions or understandıng, either oral or written, express or implied, between OWNER/DEVELOPER and County, other than as are stated herein All Exhıbıts referenced herein are incorporated in thıs Agreement as if set forth in full including all text information in the Exhibits In the event of any conflict of terms in thıs Agreement and any Exhibits, the terms of this Agreement shall control Except as hereın otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns 1 Section 25 No Waiver of County Rights No waiver of any provision of this Agreement will be deemed to constitute a waiver of any other provision nor will it be deemed to constitute a continuity waiver unless expressly provided for, nor will the waiver of any default under this Agreement be deemed a waiver of any subsequent default or defaults of the same type The County's failure to exercise any obligation under this Agreement will not constitute the approval of any wrongful act by the OWNER/DEVELOPER or the acceptance of any Improvement OWNER/DEVELOPER acknowledges that Lincoln County reserves the right to revoke all approvals for SUBDIVISION upon failure to comply with SUBDIVISION conditions of approval, upon any of the violations of Lincoln County Land Use Regulations, or for misrepresentations or material omıssions made to the Lincoln County Planning and Engineerıng Office or Board of County Commissioners 701 MA 25 Page 6 of 11 Section 26 Sovereign Immunity The County does not waive sovereign immunity by entering into this Agreement and specifically retains immunity and all defenses available to it pursuant to law, including government ımmunity Section 27 Effective Date This Agreement shall become valid and binding only upon its approval by the Lincoln County Board of County Commissioners and shall be effective on the date first written above 701 MA 25 Page 7 of 11 IN WITNESS WHEREOF, the parties to this Agreement through their duly authorızed representatives have executed this Agreement on the days and dates set out below and certify that they have read, understood, and agreed to the terms and conditions of this Agreement LINCOLN COUNTY KaCegKent Connelly, Chairman Board of Lincoln County Commissioners Attest OLERKApril Brunskı Lincoln County Clerk UNTY MC O L N 701 MA 25 Page 8 of 11 Date 5-7-2025 OWNER/DEVELOPER na Earl J Darway, managing member of arl Famıly Trust inder agreement dated January 30, 2001 STATE OF Caifornia)) ss COUNTY OF Sanlus Oaspo 5-2-2025Date The foregoing instument was acknow ledged betore me by Monicalliwa-HtouyPalbiheEarl Darway, managing member of Earl J Darway Гamıly Trust under agreement dated January 30, 2001, thıs day of May 2025 Witness my hand and official seal (SEAL) MONICAOLIVA Notary Public CaliforniaSan Luis Obispo CountyCommission #2413578 My Comm Expires Aug 23, 2026 Miver OfiNotary Public My Commissionexpires Aug 23,20е 701 MA 25 Page 9 of 11 EXHIBIT A DESCRIPTION OF PROPERTY Etna Ranch Phase I 49 13 +/- acres within Section 26, Townshıp 35 North, Range 119 West, in Lincoln County, Wyoming 701 MA 25 Page 10 of 11 EXHIBIT B APPROVED PRELIMINARY PLAT See Attached 701 MA 25 Page 11 of 11