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HomeMy WebLinkAbout814 AP 25 FSC 1&2 Double L Ranch Vacate Staff Reportv2Complete 814 AP 25 BCC LINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS STAFF REPORT Amended Subdivision Plat 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 # 814 AP 25 APPLICANTS: FSC 1, LLC and FSC 2, LLC PROJECT NAME: Double L Ranch III Vacation of Open Space and Amended Plat COMMUNITY PLAN: Freedom ZONING: Rural REPRESENTATIVE: Matthew Kim-Miller of Barack Ferrazzano Kirschbaum & Nagelberg LLP PLANNER: Elizabeth Williams PARCEL ID: 3619-281-00-528, 3619-281-00-045, and 3619-284-00-043 PROPOSAL: A proposal to vacate a part of the West Open Space in Double L Ranch III and incorporate it into existing Lot 41. The amended West Open Space would be reduced from 154.2 +/- acres to 90.5 +/- acres. Existing Lot 41 would be increased from 12.3+/- acres to 76.0 +/- acres. Lot 41 will be renumbered. The property is in the Rural Zone. LOCATION: Located north of the community of Freedom, approximately 5.5 miles northwest of the Town of Star Valley Ranch, Wyoming T36N, R119W, Section 28. ATTACHMENTS: 1. Amended Plat 2. Vicinity Maps 3. Agency Comments 4. Wyoming Statutes 34-12-108 Vacation; Partial Vacation; When Permitted PLANNING STAFF RECOMMENDATION: Planning Staff recommend that the Board of County Commissioners APPROVE File # 814 AP 25, Double L Ranch III Vacation of Open Space and Amended Plat, with: ● Findings of Approval A. thru C. ● Conditions of Approval 1. thru 2. 814 AP 25 BCC FINDINGS OF APPROVAL: A. The proposed amended subdivision plat is consistent with the Goals and Objectives of the Lincoln County Comprehensive Plan, provided no landowner within the subdivision has their rights and privileges abridged or destroyed. B. The proposed amended subdivision plat is consistent with the policies, procedures and standards of the Lincoln County Land Use Regulations, specifically the policies found in Section 4.7 Amendments to Approved Subdivisions, and the provisions for minor plat amendments, and consistent with the provisions of W.S. 34-12-106 through 110, providing for plat vacation and partial plat vacation where such vacating does not abridge or destroy any of the rights and privileges of other proprietors in said plat, as indicated by the fact that no landowner within the subdivision provided evidence of such to the Board of County Commissioners. C. Since the proposed amended plat does not increase the number of lots in the subdivision in the County, a resolution of approval shall not be required. CONDITION OF APPROVAL: 1. The Vacation of Open Space and Amended Plat shall not abridge or destroy any of the rights and privileges of other proprietors in the plat, as indicated by no landowners within the subdivision providing evidence of such to the Board of County Commissioners prior to or at the time of the October 8, 2025 Board of County Commissioner meeting. 2. The plat shall have the following added prior to recordation as required by the Lincoln County Land Use Regulations in Sections 6.26.F.1, 6.26.F.3, and 5.1.H.6.: a. Utility easements added on two sides of the lot. b. A 50 ft drainage easement for the Salt River. c. A note indicating whether or not lots can be further divided. AGENCY COMMENTS: State Engineer’s Office (SEO): The Ground Water Division of the State Engineer’s Office has received application materials pertaining to the Double L Ranch III Vacation of Open Space and Amended Plat, 814 AP 25 from the Lincoln County Planning office, requesting information and advice. The aforementioned subdivision is proposed to be situated within the NW¼ SE¼, SW¼ NE¼ and NE¼ SE¼ of Section 28 of Township 36 North, Range 119 West, Lincoln County, Wyoming. The proposal is to bring 63.7 acres from an open space and incorporate it into Lot 41 of the subdivision. The State Engineer’s Office has reviewed the subdivision application and conducted a preliminary examination of the agency’s water rights database. Based on this review and W.S. 18-5-306, we have determined there are no existing water rights of record that attach to the subdivision lands. Given this, further action on the part of the subdivider or his agent in addressing Wyoming Statute 18-5-306 (a) (xi) is not required. 814 AP 25 BCC PUBLIC COMMENT: No public comment was received. 28 33 20 2129 2219 35 23 34 26 32 30 27 31 23 242227 36 25 33 35 26 34 2128 16 09 15 20 1107 05 03 23 06 22 04 19 02 18 10 14 08 17 21 0204 15 21 12 14 10 13 09 11 16 26 03 28 242223 01 36N 119W 36N 118W 35N 118W35N 119W ³±109³±114³±108 Bommer LaneState Line RoadFlywa t e r T r a i l SALT RIVER RANCH, LLC NEIBAUR,STEVE D TRUSTEE SALT RIVER RANCH, LLC USA - CARIBOUNATIONAL FOREST CROOK, VERN & LEONE TRUSTEES SALT RIVER RANCH, LLC SALT RIVERRANCH, LLC CHRISTENSEN, KENNETH A. BATEMAN M & S FAMILY TRUST WEST, ADAM D TRUSTEE MOORE, JEFFREY W & JENNIFERA TRUSTEES CROOK, VERN &LEONE TRUSTEESWALTZ, JESSE PTRUSTEE HOFFMAN, NANCY S ROCKEY, ROBERT F MOORE, JEFFREYW & JENNIFER A TRUSTEES WOLFLEY, JOHN & REBECCA TRUSTEES HOFFMAN,NANCY S TRUSTEE ROCKEY,ROBERT F DOUBLE L RANCH#4, LLC BATEMANFAMILY LLC BATEMAN FAMILY LLC H25A2US, LLC DOUBLEL RANCH #4, LLC BATEMAN M & S FAMILY TRUST DENNY, DILLON L & BRITTANI L TURLEY ROCKEY, ROBERT F CADENHEAD, DAVID & RACHAEL AELLMER, DENNIS MTRUSTEE RACCA, GARY & SUNNYRACCA, GARY & SUNNY WARD, WILLIAM F JR & DEBORAH WARD, WILLIAM F JR & DEBORAH PETRUS, EDMOND A JR PETRUS, EDMOND A JR DIECK, MARTIN & MICHELLE LEPORI T & J DOUBLE L, LLC CALL, MICHAEL V TRUSTEE CALL, MICHAELV TRUSTEE SCHOFIELD, FRANK DTRUSTEE DOUBLE L RANCH#4, LLC DOUBLE L RANCH #4, LLC PATRIDGE,CAMMY J TRUSTEE WALDRON, GARYK JR TRUSTEE TESSLER,ALLAN R TRUSTEE TESSLER,ALLAN R TRUSTEE TESSLER, ALLAN RTRUSTEE WILSON, RITA DOUBLE L RANCH #4, LLC FSC 1, LLC FSC 2, LLC WALTZ, JESSE P TRUSTEE H25A2US, LLC DOUBLE L RANCH #4, LLC CROOK,SPENCER C TRUSTEE FSC 1, LLC FSC 2, LLC Maxar, Microsoft Vacate of Open Space / Amended Plat Application Roads Road_Type US Highways WY Highways Projects Subdivision Lot Owners Township & Range Sections Municipalities File No. 814 AP 25 Double L Ranch Vacation of Open Space and Amended Plat FSC 1, LLC and FSC 2, LLC Prepared using available data by Katie Gipson on 9 September 2025. Map is for informational purposes only and in no way represents an official survey of land. 28 33 20 2129 2219 35 23 34 26 32 30 27 31 23 242227 36 25 33 35 26 34 2128 16 09 15 20 1107 05 03 23 06 22 04 19 02 18 10 14 08 17 21 0204 15 21 12 14 10 13 09 11 16 26 03 28 242223 01 36N 119W 36N 118W 35N 118W35N 119W ³±108 ³±114State Line RoadFl y wat er Tr ail SALT RIVER RANCH, LLC SALT RIVER RANCH, LLC CHRISTENSEN,KENNETH A. BATEMAN M & S FAMILY TRUST MOORE, JEFFREY W & JENNIFER A TRUSTEES SALT RIVER INVESTMENTS, LLC CROOK,VERN & LEONE TRUSTEES WALTZ, JESSEP TRUSTEE HOFFMAN, NANCY S ROCKEY, ROBERT F MOORE, JEFFREYW & JENNIFER A TRUSTEES WOLFLEY, JOHN & REBECCA TRUSTEES HOFFMAN, NANCY STRUSTEE ROCKEY, ROBERT F DOUBLEL RANCH #4, LLC BATEMANFAMILY LLC BATEMANFAMILY LLC H25A2US, LLC DOUBLE L RANCH #4, LLC BATEMAN M & S FAMILY TRUST CADENHEAD, DAVID & RACHAEL AELLMER,DENNIS M TRUSTEE RACCA, GARY& SUNNY WARD, WILLIAMF JR & DEBORAH WARD, WILLIAM F JR & DEBORAH PETRUS, EDMOND A JR PETRUS,EDMOND A JR DIECK, MARTIN &MICHELLE LEPORI T & JDOUBLE L, LLC CALL, MICHAEL V TRUSTEE CALL, MICHAEL V TRUSTEE WILSON, RITADOUBLE LRANCH #4, LLC FSC 1, LLC FSC 2, LLC WALTZ, JESSE PTRUSTEE H25A2US, LLC FSC 1, LLC FSC 2, LLC Maxar, Microsoft Vacate of Open Space / Amended Plat Application Roads Road_Type US Highways WY Highways Projects Township & Range Sections Municipalities Public Noticing File No. 814 AP 25 Double L Ranch Vacation of Open Space and Amended Plat FSC 1, LLC and FSC 2, LLC Prepared using available data by Katie Gipson on 10 September 2025. Map is for informational purposes only and in no way represents an official survey of land. State Engineer’s Office HERSCHLER BUILDING, 2 WEST CHEYENNE, WYOMING 82002 (307) 777-6150 MARK GORDON GOVERNOR BRANDON GEBHART, P.E. STATE ENGINEER Sep 26, 2025 Lincoln County Board of Commissioners 925 Sage Ave., Suite 302 Kemmerer, WY 83101 planning@lincolncountywy.gov Commission@lincolncountywy.gov RE: Double L Ranch III Vacation of Open Space and Amended Plat, 814 AP 25 Dear Commissioners: The Ground Water Division of the State Engineer’s Office has received application materials pertaining to the Double L Ranch III Vacation of Open Space and Amended Plat, 814 AP 25 from the Lincoln County Planning office, requesting information and advice. The aforementioned subdivision is proposed to be situated within the NW¼ SE¼, SW¼ NE¼ and NE¼ SE¼ of Section 28 of Township 36 North, Range 119 West, Lincoln County, Wyoming. The proposal is to bring 63.7 acres from an open space and incorporate it into Lot 41 of the subdivision. The State Engineer’s Office has reviewed the subdivision application and conducted a preliminary examination of the agency’s water rights database. Based on this review and W.S. 18-5-306, we have determined there are no existing water rights of record that attach to the subdivision lands. Given this, further action on the part of the subdivider or his agent in addressing Wyoming Statute 18-5-306 (a) (xi) is not required. Additional Comments: 1. Drilling of any water well requires an approved permit before work commences. The State Engineer water right permit grants the applicant the right to seek to develop a water supply to meet the proposed needs. It does not guarantee that water will be physically available. 2. Any new proposed wells must be constructed in strict compliance with the State Engineer’s Office Rules and Regulations, Part III, Water Well Minimum Construction Standards. Any deviation from the established Minimum Construction Standards must be approved in advance by Ground Water Staff. 3. With limited exceptions, a Wyoming licensed water well drilling contractor must drill and Surface Water Ground Water Board of Control (307) 777-6475 (307) 777-6163 (307) 777-6178 construct new wells, and a Wyoming licensed pump installation contractor must install pumps. 4. Any well not intended for use must be appropriately plugged and abandoned in accordance with the aforementioned rules and regulations. 5. Any wells developed for purposes that are not encompassed by the definition of domestic or stock use mandate adjudication by the Board of Control. Please reference “State Engineer Subdivision Review Number 2025-32-12” in all correspondence pertaining to this application. Should you require clarification, please do not hesitate to contact me at (307) 777-2974 or via email at wesley.frain1@wyo.gov. We appreciate the opportunity to provide comments on the aforementioned subdivision application. Sincerely, Wesley Frain Natural Resource Analyst ELECTRONICALLY TRANSMITTED Cc: Ryan Cox, Administrator, Ground Water Division Jed Rockweiler, Administrator, Surface Water Division Cheryl Timm, Administrator, Board of Control Division Kevin Payne, Superintendent, Water Division IV Mike Johnson, Hydrographer/Commissioner, Water Division IV, District 12 Double L Ranch III Vacation of Open Space and Amended Plat, 814 AP 25 Page 2 writing aforesaid. No plat or portion thereof within the corporate limits of a city or town shall be vacated as herein provided without the approval of the city or town. No plat or portion thereof for which a subdivision permit has been obtained pursuant to W.S. 18-5-304 shall be vacated as herein provided without the approval of the county commissioners. No municipal or county approval under this section shall be arbitrarily or unreasonably withheld. 34-12-107. Vacation; streets and alleys. Streets and alleys so platted and laid out, or which have been platted or laid out under any prior law of this state regulating private plats, may be altered or vacated in the manner provided by law for the alteration or discontinuance of highways. 34-12-108. Vacation; partial vacation; when permitted. Any part of a plat may be vacated under the provisions, and subject to the conditions of this act; provided, such vacating does not abridge or destroy any of the rights and privileges of other proprietors in said plat; and provided, further, that nothing contained in this section shall authorize the closing or obstruction of any public highways laid out according to law. 34-12-109. Vacation; partial vacation; effect on streets. When any part of a plat shall be vacated as aforesaid, the proprietors of the lots so vacated may enclose the streets, alleys and public grounds adjoining lots in equal proportions. 34-12-110. Vacation; duty of county clerk. The county clerk, in whose office the plats aforesaid are recorded, shall write in plain, legible letters across that part of the plat so vacated, the word "vacated", and identify where the instrument of vacation is recorded. 34-12-111. Vacation; platting by county surveyor; acknowledgment and recording; conveyance and assessment by number. The owner of any lots in a plat so vacated, may cause the same and a proportionate part of adjacent streets and public grounds to be platted and numbered by the county surveyor; and when such plat is acknowledged by such owner, and is recorded in the