HomeMy WebLinkAboutPZC Minutes 3.18.26LINCOLN COUNTY
PLANNING AND ZONING COMMISSION MEETING NOTES
Wednesday, March 18, 2026 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
Karen Anderson called the meeting to order at 6:02 p.m.
II. INTRODUCTION OF PZC MEMBERS
Planning Commission Members:
Karen Anderson, Chair
Chad Jensen, Vice Chair (absent)
Kevin Kilroy
David Oates
George Collins
Lincoln County Staff:
Austin Dunlap, Attorney
Amy Butler, County Engineer
Ken Kuluski, Planning Director
Mikayla Hibbert, Planner II
Katie Gipson, Planner I
Sydney Jasperson, Secretary
III. ADOPTION OF AGENDA
David motioned to adopt the agenda, George seconded. Motion passed 4-0
IV. APPROVAL OF MINUTES
No changes to the minutes. Motion to approve minutes by Kevin, Seconded by George. 4-0
V. DEVELOPMENT REPORT
Katie presented the Development Report for approved permits from January 26, 2026 to February
22, 2026 for five North Lincoln County permits and four Zoning and Development permits. Of those four
Zoning and Development permits the first is an addition to an existing church, the second is a remedy to a
violation, the third is an approved nursery and the last is an update to an existing cell tower on the east hill
between Smoot and Afton.
VI. SKETCH PLANS
None at this time.
VII. ACTION ITEMS
A. 605 PZ 25 Comprehensive Plan Update, Appendix 6.A. Transportation Master Plan
Katie & Amy presented proposed replacement of Appendix 6. A. Has had four open houses and two
special stake holder meetings that were open to the public, having moved through the process and
complete and ready to be adopted. The Transportation Master Plan (TMP) was presented to the Board of
County Commissioners during a workshop on September 16th of 2025. At the January 21st 2026 meeting
of the Planning and Zoning Commission a 30-day notice was approved, that notice has been in the local
newspapers for five weeks. Planning staff recommend that the Planning and Zoning Commission send a
recommendation of approval to the Board of County Commissioners for 605 PZ 25, with findings of
approval A-C. Amy added an explanation as to why the plan should be updated, stating that the current
plan is from 2005. During the process the findings of study have shown exponential growth expected in
Lincoln County up to thirty thousand by 2040. During the review they had a steering committee including
Lincoln County Staff, WYDOT, the school district, BLM and municipalities. Public input was collected
through the open houses and a survey. There was a traffic study done, with crash data and level of service
on the county roads. There is a projected 37% increase in traffic on county roads. David had a question
about the exponential growth being part-time workers are full-time. Amy responded that they studied both
outcomes. Karen asked if the booklet provided had been altered, and Amy responded that it had not been.
Karen motioned to send a recommendation of approval to the Board of County Commissioners, with
findings of approval of A-C as outlined in the packets with no additional changes or conditions of
approval. David seconded. Motion passed 4-0
B. 602 RZ 26 Summit Ridge Estates Rezone
Ken presented 602 RZ 26. He stated that the applicants request a rezone of their property +/- 21 acres
from rural to mixed zone to accommodate residential and commercial use with property. This rezone is
combined with a major subdivision application that is a concept master plan 704 MA 26 that shows what
we believe the lots will be used for. The rezone planning encompasses 47 lots with an average density of
.61 +/- acres and a park. This is located directly east of the town of Thayne. The planning staff is
recommending approval for a 30-day notice for a completed application. Kevin asked if this was in
conjunction with the zoning and development report, Ken responded with no. David asked if this would
be mixed use, commercial and residential. Ken responded that the development would be in the mixed-
use zone, allowing for anything that is outlined in the Land Use Regulations to be permitted. Kevin asked
if it was currently adjoining with another mixed-use zone, Kens response was yes, and that part of the
development is already considered mixed use. Marlow Scherbel took over and reiterated that this is a
completed application and asked for approval for a 30-day notice and explained that the development sits
in the Bedford Water District, and there will be proper fire protection, like fire hydrants. Kevin asked if
they would come back with engineered septic systems, Marlow explained that would be part of the next
plat process. Kevin moved to approve 602 RZ 26 Summit Ridge Estate Rezone Public Notice. David
seconded. Motion passed 4-0
C. 108 CUP 26 Ridgeline Timber
Ken presented 108 CUP 26, Ridgeline Timber, is a Conditional Use Permit (CUP) for a light
manufacturing use in the mixed zone. They will construct prefabrication sale and construction projects
using timber frame components. It will occupy 4 of the 16 +/- mixed use zone. The site is already set to
have parking zones, loading zones and they would like to have room to expand through modular permits
on that footprint as needed. They will have to apply for new permits each time they put up a new structure
through the planning and development office. The state of Wyoming also added conditions of approval
along with the recommendations from Game and Fish. Located 1.5 miles south of Alpine. Next to the last
section of Last Resort. The Lincoln County planning office requests that the Planning and Zoning
Commision send a recommendation of approval for 108 CUP 26 Ridgeline Timber to the Board of
County Comisioners with findings of approval A – D, and conditions of approval 1 – 11. David asked
how many employees would be involved with this facility, along with projected visitors concerning the
septic system. Jared Duckstein, the project manager, responded that there are eight to ten employees and
visitors are by appointment only. David asked if the building would be fitted with fire sprinklers, Ken
responded that the building will meet whatever the Fire Marshall deems necessary. Karen had a comment
about point 11, and the usage of the ‘significant alteration’. Ken responds with the criteria of changes that
qualify as significant, change in density, change in road or change in lot design. David asked how high the
berm would be, Ken responded that it would meet Game and Fish requirements. Jared then took over to
address the berm, he stated that it was already present on the site. They do not plan to have trees or any
other berms. David motions to approve 108 CUP 26, with findings A-D and conditions 1-11. Karen
Seconded. Motion passed 4-0
D. 109 CUP 26 Flying Heart Gravel Pit
Ken presented 109 CUP 26 Flying Heart Gravel Pit, a Conditional Use Permit for a closed gravel pit with
private access to county road 121. The production would use 8 of the 29 available acre parcel. The mine
operations will be crushing and processing gravel which can occur year-round if economically feasible.
Estimated 20 loads of gravel a day is expected and the hours of operation are proposed to be 7am – 5pm.
This is a continuation of a temporary permit issued last summer. Owner has been working with DEQ to
meet all requirements and has worked with the Planning Office to follow Land Use Regulations. So at this
time the Planning Staff recommends that the Planning and Zoning Commission send a letter of approval
to the Board of County Commissioners for file 109 CUP 26 with conditions of approval 1-8 and findings
of approval A -D. Karen had a question about dust abatement, condition number five, and what is
considered ‘the season’ for the gravel pit. Ken responded that the applicant is asking for the ability to run
year-round depending on the seasonal weather. Karen had a question about lighting, especially after dark
and how bright it may be. Ken responded that there is not a current lighting plan in his application, but it
could be added. Kevin had a question about the listed acreage being noted as eight acres but later noted as
fifteen acres. Ken clarified that the permit allows the applicant to use up to fifteen acres but is only
currently using eight, if he would like to expand, he would need to speak with DEQ and the Lincoln
County Planning Office. There was discussion about how to re-word the permit so that the limit would be
set at 15 acres or less. David asked where the site would access water, if it would be from the canal or
something else. Karen asked if there were any other discoveries or information the board should be aware
of. Ken then explained that there were no comments when he issued the temporary permit last summer.
Toby Merritt then stepped up to address questions and concerns. He explained that he has an air quality
permit from DEQ that requires there to be no dust byproduct and that there be water suppression for the
roads and the production location which he would get from the water already allotted to his property from
Alto Water. Karen asked if there were any questions from Toby for the board about the conditions of
approval, Toby addressed the 15-acre question with the explanation that the state permit required a certain
number of acres for recreation, and he could only afford the eight acres at the time. Karen asked how long
it might take him to expand to the full 15 acres, Toby responded that it would depend on profits. Toby
addressed the lighting question posed earlier with the answer that the operations would begin after 7 am
and would not need intense lighting. He also addressed the question about running year-round, his hopes
are to run the crushing part of the operation for a period of time and then sell as need, but if there is a time
where he may need to create more gravel he could do so. Karen asked if they could create a condition of
approval to start later in the day to avoid truck traffic arriving on site early. Toby responded that due to his
home being located on site he would not allow anyone access until 7 am regardless but agreed that 8 am
would be acceptable. Karen asked about signage Toby responded that he planned to put a stop sign at the
entrance to the public road. Karen was unclear of the type of sign, Ken clarified that Toby would be
allowed a stop sign unpermitted, but an advertising sign would need a permit. Karen asked if Toby had
any other questions, Toby clarified that he did not want a large operation. He would have 2-4 employees,
but that there is a need in the valley for another gravel pit. Karen asked where the closest gravel pit would
be, Toby responded with one on Strawberry Creek, ¼ mile from the dump, but they wont sell pit gravel or
road base because they are running out of material, the next closest is in Freedom. Karen asked how many
trucks Toby would need to run 20 truck loads a day from 8 -5. Toby responded that it would be up to 20
truckloads, but typically would only be as needed, so as low as one truck load on some occasions. Kevin
declared that he would be against the restriction of time, that the board should apply the same conditions
to every gravel pit, stating that there are ways to run the gravel pit that does not impact the public. Then
Karen opened the floor to public comment. There was public commentary from Tony King, Pracilla
Martin, Joe Obrien, Sydney Passey, Bob Gonat, Scott Balk and Dawn Shire who were against the
permitting of the gravel pit on the basis of noise, truck speed, endangerment to wildlife, hazard to
neighbors, potential deterioration of the roadways, increased large truck traffic and decrease in property
values. Ken addressed the speeding and road deterioration of the road, stating that speeding falls under
law enforcement jurisdiction, not the Planning Office or Board of County Commissioners. Sheldon
Merritt also commented in favor of the project as the previous landowner with input that the business
would be useful and the community is in need of another location to obtain gravel. Toby Merritt returned
to address some of the concerns, stating a study done by Game and Fish had no issues. The trucks will be
weighed via scale so the trucks will be road legal. The road that would be in question is gravel that was
chip sealed, so there should be no issue. David asked if there would be 20 truck loads maximum. Toby
responded that on any given day it could be as little as one truck load a day. Karen asked him to address
the noise concerns. Toby explained that it would be down in the pit, all the soil would be added to 40 foot
berms that would grow as they dig, creating a sound barrier. Karen then asked for him to address triple
axels and doubles. Toby said he cannot regulate what people drive, that would fall under WYDOT. Karen
asked about Alto Canal, Toby responded that he spoke with the president, and received approval the day
prior. Karen asked for a summary of the letter. Toby said that he would be using less water than one
irrigation line would use. Amy asked a clarification question, wondering if he would be crushing year
round or only a couple times a year and then selling stock. Toby responded with it might run for one
month and sit for two, but it would depend on the demand. Amy had another question, if Toby had any
plans for rumbles to mitigate mud on the county road. Toby responded that he wanted to add a cattle
guard. Karen asked about the corner of county roads 122 and 121 intersection being torn up and if there
was a plan for that with the county, amy responded that there is not currently, but she would speak to the
road and bridge superintendent to be on the look out for it. Toby added that before he did any paperwork
he talked to Mark Luthi three years ago and there was no issue. Karen asked Amy about the impact on
asphalt and chip sealed roads, wondering what the surface of the road actually is. Amy responded that
there is a pavement management system for all the roads and they are monitored. Kevin found it
interesting that the first agenda item was the Comprehensive Transportation Master Plan, to develop the
roads, to which would need gravel to accommodate the assumed county growth. He further states that no
one wants the pits in their backyard, but the pits in Star Valley are probably past 50% of their lifetime.
David asks about reclamation, Kevin responds that DEQ handles that along with Toby placing a bond up.
There was discussion amongst the board about where another gravel pit could be so that it would not be in
anyone’s backyard, and how it relies on the availability of materials. Stating that it would always be in
someone’s backyard. There was also discussion about curtailing the hours, and if it would be significant
income loss, and if there are complaints about the other gravel pits. Ken spoke on the frequency of gravel
pit complaints, stating that there are two very different outcomes. The Alpine area constantly complains
about the pit nearest Alpine, and the gravel pit near Kemmerer is hardly noticed. There was discussion
about how to handle the hours of operation to protect the rural environments. Ken responded that he could
alter the hours when renewal permits come across the table. Karen asked Ken to clarify for the public
what the outcome would be should the Planning and Zoning Boards recommendation to approve or deny
this project, Ken responded the Board of County Commissioners meeting is what this project will go to
CUP’s will go forward. Tabled is not a vote, approved is approved with no changes, approved with
conditions allows for additional conditions of approval, a vote of denial will still be heard by the Board of
County Commissioners. Karen asked if someone wanted to speak where would they go, Ken responded
that it would be at the auxiliary building in Afton on April 8th at 10 AM. Austin wanted to add clarification
to the word ‘precedent’, that actually the CUP’s are a case-by-case basis. Karen revisited the 8 acre vs 15
acres issue, Kevin responded that the Conditional Use Permit allows for Toby to grow to 15 acres,
currently he has asked for 8 acres because he does not have the money for the bond to add more acres.
Karen asks if Ken would like to add anything before they vote. Ken answered that there was not anything
he would like to add at this time. There was additional discussion about the Alto Water letter, and Ken
stated that he would add it as a condition of approval. There was discussion of adding rumbles to the
conditions of approval. Then there was discussion about adding sinage, and what type of sign permits
would be used. Karen stated that she would like clarification of the dust abatement, Amy responded that
there should be a once per year magnesium chloride water, or something similar, to spray on the road.
George made comment that the people who approve these permits don’t have to live down the road from
the pit, so the responsibility of allowing this falls to both Commissions. David motioned to approve 109
CUP 26 Flying Heart Gravel Pit with conditions of approval 1- 8 with addition of point 9. The letter of
Use of Alto Irrigation and point 10. Adding the letter from Game and Fish, Kevin seconded. Motion sent
to the Board of County Commissioners with a vote of 2 -2
E. 111 CUP 26 Star Valley Storage
Ken presented 111 CUP 26 Star Valley Storage as an active facility. The town of Star Valley ranch does
not have any issues with it. There was a violation for storing things outside without permit. To come into
compliance, they had to submit a new CUP to use the exterior 40 spaces. Planning staff recommend that
the Planning and Zoning commission send a letter of approval to the Board of County Commissioners for
111 CUP 26 Star Valley Storage. Karen asked about signage, Ken replied that there was no change.
Marlow Scherbel then spoke for the property owner, that the owner has had a permit since the late 80’s
and did not realize they were out of compliance. Karen motioned to approve 111 CUP 26 Star Valley
Storage with findings of approval A- D and conditions 1 – 3 as stated in the board packet, seconded by
David. Motioned passed 4 -0.
VIII. OTHER PLANNING MATTERS
None at this time.
ADJOURNEMENT
Kevin motioned to adjourn the meeting at 8:10 p.m. David Seconded. Motion carried 4-0
The minutes from March 18th, 2026, Planning and Zoning Commission meeting were approved on
the _____ day of _________________, 2026.
_____________________________________ _____________________________________
Chair Dated Director Dated