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HomeMy WebLinkAbout709 MA 26 Etna Town Homes Phase I staff report Complete 709 MA 26 BCC APPLICANT: Mathew Burtness PROJECT NAME: Etna Village Post Townhomes Subdivision Phase I COMMUNITY PLAN AREA: Etna ZONING: Mixed REPRESENTATIVE: Surveyor Scherbel, Ltd./ Alpine Architectural Studio PLANNER: Ken Kuluski PARCEL ID: 3519-104-00-029 & 3519-104-00-028 PROPOSAL: Etna Village Post Townhomes Phase I Plat Application for 4 residential dwelling units (Townhomes) to be constructed to International Residential Code (IRC), Townhouses as approved in File # 101 CUP 23 (apartments) and 510 ZD 25 (permit to construct). The project has an approved Underground Injection Control (UIC) permit for the septic system through the Wyoming Department of Environmental Quality (DEQ) which requires that the applicant submit the results of the monitoring and inspection to DEQ monthly for the leachfields and annually for water quality and septic tanks. The property is 2+/- acres. LOCATION: 2.5 miles northwest of Star Valley Ranch, Wyoming T35N, R119W, Section 10. ATTACHMENTS: 1. Phase I Etna Townhomes Subdivision Plat 2. Master Plan Vicinity Map 3. Master Plan Plat 4. Fire Flows 5. Development Agreement PLANNING STAFF RECOMMENDATION: Planning Staff recommends that the Board of County Commissioners APPROVE File # 709 MA 26, Etna Village Post Townhomes Subdivision Phase I, with • Findings of Approval A. thru C. • Conditions of Approval 1. thru 8. • A Recommendation for the Board of County Commissioners to sign the Development Agreement LINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS STAFF REPORT Phased Plat Application HEARING TIME AND DATE: 10:00 a.m., May 6, 2026 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 # 709 MA 26 709 MA 26 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. CONDITIONS OF APPROVAL: 1. The applicant shall have a Storm Water Pollution Prevention Plan on site during construction in compliance with WYDEQ. 2. Project shall meet International Fire Code (IFC) Onsite Requirements for fire flow protection using the current fire code at the time of construction. 3. The applicant shall demonstrate compliance with WYDOT US HWY 89 improvement requests prior to construction of townhomes. 4. The applicant shall develop road maintenance agreements for road maintenance and snow storage for Clearview Drive that shall be entered into with the Clearview Village residents. Copy shall be provided to the Planning Office prior to sale or occupancy. 5. A 6-foot opaque wood privacy fence is to be built on the East, West, and North sides of the property to buffer the different uses and densities of the neighboring properties. 6. All buildings must comply with the Lincoln County Lighting Standards as set out in Chapter 6.10 Lighting (includes Exterior Lighting and Glare). This includes all lighting must be shielded and bulbs not visible from the property boundaries. 7. Water must be provided by the Etna Water and Sewer District as per district’s policies and guidelines articulated in the March 16, 2023, letter from the Etna Water and Sewer District to the applicant. 8. The applicant shall provide engineered as-built drawings for water service and underground injection systems to the Planning Office prior to sale or occupancy. BACKGROUND: The Etna Village Post Townhomes Subdivision Phased Master Plan (701 MA 26) shall be approved prior to approval of any phased development. £¤89 Star Valley Ranch 07 19 1815 12 14 10 13 11 242223 35N 118W 35N 119W ³±112³±169 Clearview Drive Clearview LaneClearview Drive £¤89HATCHER HOMES LLC GORBUTT,NEWTON & DIONE LIV TRUSTBARTLETT,BRIAN SNOW PEAK PROPERTIES,LLC JH INVESTMENTSLLC LDS CHURCH REAL ESTATE DEPT. ETNA WEST ROAD #169 LOAEZA,JESUS & MARIA G LUNA, ETAL GIBSON, DONALDN & LORA LEIGH JONES DARLENE G TRUSTEE ROBERTS, DELANIE & NELDA S TRUSTEES DAVIDSON, CAROL ANN TRUNNEL,BRIG ZANINOVICH, MARK D TRUSTEE ARGUELLO, NEAL K FLORES, SALOMON SNIDER LIVINGTRUST KRAMER,VINCE A MONTIELPROPERTIES, LLC KSR 1217, LC COOK, LINDA L. HILL, MARIAHM & JOSE A BANDERAS DEVENY, JUSTIN ETAL RIMINI, MELINDA& ROBERT R KSR 1217, LC LINCOLNCOUNTY WYOMING BURTNESS, MATTHEW L BLAIR, TARAN K ETAL BLAIR, TARAN K ETAL DAVIDSON, CAROL ANN CLEGG,WENDY A SIMONET,WILLIAM ETUX GRILL, RANDY A & JAMIE L MOUDY, WALKERJ & HAILEY L NODET, LLC MCCORMICK, AARON C &SIVANNA K BURTNESS,MATTHEW L FA HOLDINGS LLC SCHERBEL, KARL F& HOLLI SNIDERFAMILY TRUST HAPPY ROCKLAND, LLC SIMONET, WILLIAM & DIANA L MCCORMICK, AARON & SIVANNA SNIDER FAMILY TRUST LIVINGSTON MATTHEW T & GREGORYJ LIVINGSTON KSR1217, LC KSR 1217, LC KSR 1217, LCKSR 1217, LC KSR 1217, LC RUBBERTOMAHAWK LLC BNL HOLDINGS, LLC TRUNNEL, BRIG Microsoft, Vantor Major Subdivision Application Roads Road_Type US Highways WY Highways Projects Public Noticing Township & Range Sections Municipalities File No. 701 MA 26 Etna Village Post Townhomes Matthew L. Burtness Prepared using available data by Katie Gipson, on 13 February 2026. Map is for informational purposes only and in no way represents an official survey of land. CLEARVIEW DRCLEARVIEW LN REVISIONS051015202530051015202530AFKPU3535ZAFKPUZETNA VILLAGE POST TRACT 1 AND TRACT 203.14.2025CHECKED BY | FDK© 2024 | ALL RIGHTS RESERVEDSANDERSON AND MOTZKUS PLAT OF TRACTS: ETNA, WYDRAWN BY | AOPro f essional EngineerWYOMINGPE 19728ADDIS ON OCHSENBEINDateORTHNWATERLINE NOTES:6" DR-18 C900 WATERLINE PERCONNECT TO EXISTING WATERLINE.CONTRACTOR TO VERIFY LOCATION ANDLAYOUT AND ENSURE WATERLINE SOUTH INCLEARVIEW DRIVE IS RECONNECTED.INSTALL D.I. BEND, TEE, OR REDUCER W/THRUST RESTRAINT PERWATERLINE SERVICE PERGATE VALVE PERFIRE HYDRANT PERSEPTIC SYSTEM. SEE SHEET C301 FOR MOREINFORMATION.AC603 AC604 DC603 BC603 CC603 WATERLINE PLAN &PROFILEC401 709 MA 26 Page 1 of 11 DEVELOPMENT AGREEMENT ETNA VILLAGE POST TOWNHOMES PHASE I SUBDIVISION FILE NO. 709 MA 26 THIS AGREEMENT is made and entered into as of the ____ day of ______________, 2026 by and between Lincoln County, Wyoming, hereinafter referred to as “County”, whose address is 925 Sage Ave Suite 301, Kemmerer, Wyoming, 83101 and Matthew Burtness hereinafter referred to as “OWNER/DEVELOPER”, whose address is P.O. Box 803, Santa Margarita, CA 93453. WHEREAS, it is the intent and purpose of the OWNER/DEVELOPER to meet the conditions of approval for File No. 709 MA 26 Etna Village Post Townhomes Phase I to subdivide approximately 2 +/- acres into 4 lots as set forth in the Preliminary Plat; and WHEREAS, the OWNER/DEVELOPER is the sole owner of the identified certain Property (see Exhibit 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 Village Post Townhomes Phase I; NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties agree: Section 1. Definitions 1.1 SUBDIVISION: The subject of this Agreement, which is designated and identified as File No. 709 MA 26 Etna Village Post Townhomes 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. 1.2 IMPROVEMENT: Any alteration to the land or other physical construction located on or off the Property that is associated with this subdivision, building site, or development. 1.3 OWNER/DEVELOPER: means and refers to Matthew Burtness whose address is P.O. Box 803, Santa Margarita, CA 93453 the party that owns and is developing the Property and shall include and subsequent owner(s) or OWNER/DEVELOPER(s) of the Property. 1.4 PROPERTY: means and refers to the identified approximately 2 +/- acres of a certain parcel(s) of Property located in Lincoln County, Wyoming, as described in Exhibit A. 709 MA 26 Page 2 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 paved private loop road and driveways to the Townhome lots and units. 2.Construct improvements as required by Wyoming Department of Transportation to Clearview Lane / US Highway 89 intersection. 3.Provide fire hydrants with fire flows and spacing that meet requirements of Appendix N of the Lincoln County Land Use Regulations. 4.Water must be provided by the Etna Water and Sewer District as per district’s policies and guidelines. 5.Install electrical power and communication lines to each identified townhomes. 6.Surveyor’s lot monuments as set forth in the Preliminary Plat attached hereto as Exhibit B. 7.Provide weed management plan and verification that disturbed areas have been reseeded to avoid weed infestation and erosion. 8.Purchase yield or stop signs through Lincoln County, Wyoming Planning and Development Office. Install road signs after completion of improvements and prior to final subdivision approval (see Lincoln County Land Use Regulations 6.18). 9.The developer shall provide engineered as-built drawings for water service and underground injection systems to the Planning Office prior to sale or occupancy 10.A 6-foot opaque wood privacy fence is to be built on the East, West, and North sides of the property to buffer the different uses and densities of the neighboring properties. 11.The developer shall obtain a review by the United States Postal Service (USPS) for mail 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. 12.The developer shall develop a road maintenance agreement for maintenance and snow storage for Clearview Drive that shall be entered into with the Clearview Village Residents. Copy of agreement provided to the Lincoln County Planning Office 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. 709 MA 26 Page 3 of 11 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. 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 Preliminary 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 within two (2) years or complete Improvements within three (3) years of the date of SUBDIVISION Preliminary Plat approval by the Lincoln County Board of County Commissioners, the preliminary 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 Final Determination approving the Preliminary Plat and improvements as outlined in this SUBDIVISION Agreement, a Final Plat shall be signed and recorded. Section 5. Control of trash, weeds, dust, erosion, and sedimentation. The OWNER/DEVELOPER shall be fully responsible for all dust abatement, erosion, sedimentation, 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 maintain 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 times. 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 interim 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 709 MA 26 Page 4 of 11 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 satisfactory 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 thirty (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 deficiency within the thirty (30) day period and proceed with reasonable diligence 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 exercise 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. Maintenance of Roads, Central Water and Central Sewer. OWNER/DEVELOPER hereby agrees that they will create a binding document Special Improvement District that at a minimum: a) Provide an entity for ongoing maintenance, testing and compliance of the Central Water and Central Sewage systems. b) Provide and entity for ongoing maintenance of shared utilities, Open Space, and recreational amenities. c) Provide an entity for ongoing road maintenance including the collection of road maintenance fees; d) Provide an entity for ongoing snow removal including the collection of snow removal fees; e) Ensure Central Water systems, Central Sewage systems, shared utilities, Open Space, recreational amenities, road maintenance and snow removal are maintained indefinitely. f) The Special Improvement District document must be filed at the time of final plat filing, and bind all current and future owners to the agreement. 709 MA 26 Page 5 of 11 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 business day at the address set forth below or on the third day after being deposited in the United States mail, for delivery by properly addressed, postage prepaid, certified or registered mail, 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 Kemmerer, WY 83101 Notices to the OWNER/DEVELOPER shall be addressed to, or delivered at, the following addresses: Matthew Burtness P.O. Box 803, Santa Margarita, CA 93453. 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, including 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 kind 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 include, but not be limited to, any costs of defense incurred by the indemnified parties including attorney fees and expert witness fees. 709 MA 26 Page 6 of 11 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. Severability. The invalidity 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 representative, (2) that it has the right, power, 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 authorize the execution, delivery, 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 (i) 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 (ii) 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 Judicial District, Lincoln County, Wyoming. Section 23. Insurance. OWNER/DEVELOPER shall procure, and at all times maintain, general liability insurance to protect from claims for damages because of negligence or bodily injury, including but not limited to death and damages to property, all with coverage limits of no less than one million 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 liability insurance to County evidencing said limit. Section 24. Entirety of Agreement. This Agreement sets forth all promises, inducements, agreements, condition and understandings between OWNER/DEVELOPER and County relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between OWNER/DEVELOPER and County, other than as are stated herein. All Exhibits referenced herein are incorporated in this Agreement as if set forth in full including all text information in the Exhibits. In the event of any conflict of terms in this Agreement and any Exhibits, the terms of this Agreement shall control. Except as 709 MA 26 Page 7 of 11 herein 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. 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 omissions made to the Lincoln County Planning and Engineering Office or Board of County Commissioners. 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 immunity. 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. 709 MA 26 Page 8 of 11 IN WITNESS WHEREOF, the parties to this Agreement through their duly authorized 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 ________________________________ Date: ______________________ Kent Connelly, Chair Board of Lincoln County Commissioners Attest: ________________________________ April Brunski Lincoln County Clerk 709 MA 26 Page 9 of 11 OWNER/DEVELOPER ________________________________ Date: ______________________ Matthew Burtness STATE OF ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me by, ______________________, owner this ____ day of ______________ 2026. Witness my hand and official seal. (SEAL) _____________________________________ Notary Public My Commission expires: ________________ 709 MA 26 Page 10 of 11 EXHIBIT A DESCRIPTION OF PROPERTY Etna Village Post Townhomes Phase I 2 +/- acres within Section 10, Township 35 North, Range 119 West, in Lincoln County, Wyoming. 709 MA 26 Page 11 of 11 EXHIBIT B APPROVED PRELIMINARY PLAT See Attached