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HomeMy WebLinkAboutSeptember 2025 PZC Minutes Draft Page 1 of 4 LINCOLN COUNTY PLANNING AND ZONING COMMISSION MEETING NOTES Wednesday, September 17, 2025 6:00 P.M. Locations: Video Conference between the following locations: Lincoln County Courthouse, Commissioner Boardroom, 925 Sage Avenue 3rd Floor, Kemmerer, WY & Afton Planning & Development Office, Conference Room, 61 East 5th Avenue, Afton, WY I. CALL TO ORDER Chad Jensen called the meeting to order at 6:00 pm. II. INTRODUCTION OF PZC MEMBERS Planning Commission Members: Karen Anderson, Chair (Absent) Chad Jensen, Vice Chair Kevin Kilroy David Oates George Collins Lincoln County Staff: Ken Kuluski, Planning Director Elizabeth Williams, Planner II Katie Gipson, Planner I Stephen P. Allen, Chief of Staff III. ADOPTION OF AGENDA Kevin motioned to approve the agenda. David seconded the motion. Motion carried 4-0. IV. APPROVAL OF MINUTES Kevin motioned to approve the minutes with edits. David seconded. Motion carried 4-0. V. DEVELOPMENT REPORT Katie presented the Development Report for approved permits from July 28, 2025, to August 24, 2025. Chad asked for clarification on the minimum size of a dwellings, and number of buildings allowed in the County. Ken provided clarification. VI. PUBLIC HEARINGS A. 102 CUP 25 Lower Valley Energy 1MW Solar Array Kevin Kilroy Recused himself due to a conflict of interest. Elizabeth presented 102 CUP 25 Lower Valley Energy 1 MW Solar Array. Liz explained why the project qualifies as a Conditional Use Permit and described the governing statutes for Wind and Solar Facilities. Chad questioned the project siting in the Rural Zone. Liz explained that Lincoln County Page 2 of 4 Land Use Regulations do not specifically identify Commercial Solar Projects and therefore the best fit, as determined by John Woodward, previous Planning Director, on a previous Solar Farm was to categorize it as a Utility company building over 800 square feet, which requires a Conditional Use Permit in the Rural Zone. She clarified that Wyoming State Statutes classify commercial solar and commercial wind projects together, and Lincoln County’s commercial wind development regulations also require a Conditional Use Permit in the Rural Zone. Requiring a Conditional Use Permit in the Rural Zone is consistent with both classifications. Jon Hougland, Lower Valley Energy (LVE) Project Manager for the Community Solar Project, presented the attached slides. He discussed benefits to Lincoln County, how the project is funded, costs to provide service to the members and how the public can invest in the project to gain individual benefit. He also discussed agreements with the private property owner and their acceptance of the Conditions of Approval as requested by the County. Jon described the economic life of the solar project as well as the project overall timeline. David questioned the efficiency of the solar project and how snow removal will take place for the duration of the of the project. Jon explained that the panels shed snow and are about 6 feet off the ground. Maintenance crews will help clear snow off if needed. David asked if there are plans to expand other phases of the project. Jon stated that more than likely this will be the only phase on this property. Chad asked about sun availability. Jon explained that a sun study was done, the bifacial panels can pick up direct and reflective light. Chad asked about opportunities to be part of the power project. Jon stated it’s a subscription to the service open to Lincoln County and Teton County residents. Chad asked about the plan for 2052. Jon said the life of the project could be earlier or later based on project conditions and market conditions. David asked about the origin of the materials. Jon said they are from Korea due to the US not producing solar panels for this application. Chad asked for additional information on the Road Use Agreement, the proposed road access, and what will happen in 2052 from the County perspective. Liz stated the purpose of the Road Use Agreement is to protect the County Road and collect money for any damages to the road from the project commissioning or decommissioning. She gave an example of when the County has used a Road Use Agreement in the past. She explained that Condition of Approval #4 requires that the project can only use their Construction Easement for the Road Access, and answered the 2052 question by explaining that Condition of Approval #7 requires a performance bond to ensure there is adequate money for decommissioning regardless of the duration of the project. The County does not require a time limit on the project but does require check-ins by the developer throughout the life of the project. A new CUP application will be needed if the developer makes changes such as adding battery storage. Chad asked about expiration of CUP. Ken stated traditionally CUPs do not expire. Stephen Allen asked Jon what the impact of sales tax and overall cost of construction is. Jon answered 2.6 million in construction costs. David questioned who would do inspections on this project. Ken stated that LVE engineers will certify all plans, and they could be reviewed by the County engineer. Development conditions and decommissioning will be inspected and verified by County Staff. Chad Jensen motioned to send a Recommendation of Approval for a conditional use permit file number 102 CUP 25 Lower Valley Energy 1MW Solar Array as presented with a recommendation to sign the Road Use Agreement. George seconded the motion. Motion carried 3-0. Kevin abstained. (Chad also noted that the LURs should be amended to address commercial solar and to specify in which zones Page 3 of 4 it would be allowed.) This project will next be heard at the Board of County Commissioner Meeting on October 8, 2025. Chad added that on the record there are two letters of support for the project. VII. SKETCH PLANS Ken presented the Sketch Plan for a Master Plan Phased Major Subdivision, Creamery Park within T35N, R119W, Section 3. Ken went over the process that includes a rezone to allow this project to move forward in addition to the standard requirements of State and County regulations. Jamie De Cora, Surveyor Scheibel’s office, stated the small commercial lots are going to be smaller personal services / small business. She referenced various other small buildings in Lincoln County. Dave Bentlage, owner, stated this is for small independent businesses to come to Star Valley. David questioned direct access to Highway 89. Jamie stated WYDOT will not allow direct access and the applicant is working on getting a WYDOT permit for the South approach. Chad asked the plan for the remaining property. Jamie said it will remain pasture for livestock and remain in the rural zone. Chad asked about allowed use in the Mixed Zone. Could it be used for residential? Jamie answered that they would specify Commercial as the Land Use on the plat to restrict residential use. Kevin asked about restrictions on lots that could be used as employee housing as it pertains to septic concerns. Chad said he would like to see bigger lots because of the concern with fitting septic. David agreed. Jamie specified they are doing a traffic study, as required by WYDOT. Kevin specified that he has concerns with allowing employee housing when the lots are not on a central sewage system. David would like it to be a condition that no residences would be allowed. VIII. OTHER PLANNING MATTERS Chad mentioned in the Jackson Hole News and Guide an advertisement for 3 residences in Teton County with a house, apartment and guest house. He asked if that would be allowed in Lincoln County? Ken answered that Lincoln County prohibits more than two residences on a lot. Chad mentioned an article about crowd sourcing to help develop in Lincoln County. ADJOURNMENT Kevin motioned to adjourn the meeting at 7:03 p.m. David seconded the motion. Motion carried 4-0. Next meeting will be October 22nd. Page 4 of 4 The minutes from the September 17, 2025 Planning and Zoning Commission meeting were approved on the _____ day of _________________ , 2025. ______________________________________ ____________________________________ Chair Dated Planning Director Dated