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Home My WebLink About601 RZ 26 Etna South Rezone BCC complete 601 RZ 26 BCC APPLICANTS: Collective Owners PROJECT NAME: South Etna - Rezone COMMUNITY PLAN AREA: Etna ZONING: Rural REQUESTED ZONING: Mixed REPRESENTATIVE: Surveyor Scherbel, LTD PLANNER: Ken Kuluski PARCEL ID: 3519-14-2-00-407, 3519-14-2-00-409, 3519-14-2-00-356, 3519-14-2-00-391, 3519-14-2-00-414, 3519-14-2-00-110, 3519-14-2-00-100, 3519-14-2-00-106, 3519-14-2-00-266 _____________________________________________________________________________ PROPOSAL: Collective Owners request to rezone 48 +/- acres, parcel size range from 1+/- acres to 12 +/- acres from the Rural to Mixed Use to accommodate commercial use of the property. This rezone is combined with a Conditional Use Permit applications 101 CUP 26 – 107 CUP 26. LOCATION: Located approximately two miles Northwest of the Town of Star Valley Ranch, Wyoming in Township 34 North, Range 119 West, Lincoln Co. Wy. ATTACHMENTS: 1. Vicinity Map 2. Rezone Application 3. Public Comments PLANNING & ZONING COMMISSION RECOMMENDATION: The Planning & Zoning Commission send a recommendation of APPROVAL to the Board of County Commissioners for File # 601 RZ 26, a collective Parcel Rezone, with: • Findings of Approval A. through C. LINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS STAFF REPORT Rezone Application HEARING TIME AND DATE: 10:00 a.m., June 3, 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 # 601 RZ 26 601 RZ 26 BCC FINDINGS OF APPROVAL: A. The proposed request is consistent with the provisions of Wyoming Statute 18-5-202(b) providing that any person may petition the planning and zoning commission to amend any zoning plan adopted under the provisions of W.S. 18-5-201 through 18-5-208.for the continuance and alteration of existing uses of land including public noticing requirements for consideration by county planning and zoning commission and county board of commissioners. B. The proposed request is consistent with the goals and objectives of the Lincoln County Comprehensive Plan: a. Section III ECONOMIC DEVELOPMENT, Goal A. Promote and assist in the development of commercial, recreational and industrial activities. b. Section IV LAND USE, Objective 1. Create Land Use Regulations that promote the responsible and orderly development of Lincoln County. C. The proposed request is consistent with the Lincoln County Land Use Regulations, Section 1.4 Amendment, Rezone, Subsection B: a. The proposed zone change does not increase burden to existing public road and utility infrastructure. b. The proposed zone change does not unnecessarily extend or increase the cost of services provided by the public. BACKGROUND: Collective owners hold property historically used for commercial purposes. There are currently authorized zoning and development permits among these parcels. All new or additional commercial uses shall require proper permitting prior to development. This rezone promotes and expands commercial development along Highway 89. Merits of the rezone are: The properties are connected to one another and to the Mixed Use Zone North of Anchor Road. They create a contiguous zoning connection in this area. Collective owners will not be adding any residential uses to this rezone. PUBLIC COMMENT: See attached UV239 £¤89 Star Valley Ranch 30 16 31 09 32 20 07 19 28 18 29 33 08 17 21 36 15 21 12 14 25 34 10 13 09 1116 26 35 2422 27 23 35N 118W35N 119W Dani's WayAnchor Road Sherwood Court Pit Run Haviture Way Stevens Lane £¤89TOBUL, JAMES R TRUSTEE LUTZ, FREDERICKW & SHIRLEY A TRUSTEES MOSES, RUSSEL E & JUDITH A TENNANT, BRYAN CURTIS, SARAH N & RYAN C PREMIER STORAGE, LLC SCHWAB, VANCE & KENNA ROBERTS, DALE L ETAL ROBERTS, BURTIS L& TERESA TRUSTEES ROBERTS,ALAN OR KATHERINE 2T, LLC ETNA TRADEPARK LLC ETNA TRADE PARK LLC MCNEELGROUP, LLC CLARK, J JON & DEANNA TRUSTEES TOBUL, JAMES R TRUSTEE MODERNDEVELOPMENT, LLC PREMIERSTORAGE, LLC NICHOLS,EDWARD R & CATINA L CHRISTENSON,CAROLYN & JOSEPH NICHOLS, JAMESL ETAL CHRISTENSON, CAROLYN& JOSEPH IVIE, TONY LINCOLN COUNTY SCHOOLDISTRICT #2 LINCOLNCOUNTY SCHOOL DISTRICT #2 SAMUELIAN, ROBERTS & SHERIE O TRUSTEES SAMUELIAN, ROBERT S & SHERIE O TRUSTEES HEINER, ROBYN D & ERIC H TOBUL, JAMES R TRUSTEE IVIE PLANTATION, LLC LUTZ,FREDERICK W & SHIRLEY A DEYO, JOHN L & NANCY L GECR, LLC BROWN, RENO A CLARK, J JON& DEANNA TRUSTEES CLARK, J JON & DEANNA TRUSTEES CLARK,KATELIN I MEANS INVESTEMENTSLLC ROBERTS, KATHRYN L ROBERTS, ALAN K &KATHERINE A Vantor Rezone Application Roads Road_Type US Highways WY Highways Projects Township & Range Sections Municipalities Public Noticing File No 601 RZ 26 South Etna Rezone Various Ownership Prepared using available data by Katie Gipson on 10 December 2025. Map is for informational purposes only and in no way represents an official survey of land. STATEMENT TO ACCOMPANY REZONE APPLICATION Project: Commercial Use Permit and Rezone Application Owners: 2T, LLC c/o Rustin Titensor P. O. Box 5212 Etna, Wyoming 83118 Reno A. Brown 6145 N. East Zenith Road Jackson, Wyoming 83001 Etna Trade Park, LLC c/o Gary Edington P. O. Box 5311 Etna, Wyoming 83118 Lutz Living Trust c/o Fred Lutz P. O. Box 820 Jackson, Wyoming 83001 Means Investments, LLC c/o Eric Butler P. O. Box 256 Freedom, Wyoming 83120 Heiner Storage, LLC c/o Robyn D. Heiner and Eric Heiner P. O. Box 283 Freedom, Wyoming 83120 Premier Storage, LLC c/o Robyn D. Heiner P. O. Box 283 Freedom, Wyoming 83120 It is the desire of the owners of the properties that are the subject of this application to change from the Rural Zone to the Mixed Use Zone. The purpose of the rezone is to bring current uses into conformance with Lincoln County Land Use Regulations and for future development of the Etna Community. This project is located in the NW1/4 of Section 14, T35N R119W and comprises part of the Sherwood Subdivision, the Sherwood Subdivision 2nd Filing, CR Ranch, part of Windy Acres Subdivision, and a non- platted tract of land titled to Lutz Living Trust. The total area of the properties consists of 48± acres. Unless vacant, the use of the developed area is generally Commercial. The size of the various properties that comprise this application range from 1± acre to 12± acres. The purpose of this statement is to show: a. The proposed zone change is appropriate for the area concerned: The lands to the west and north of the subject properties are currently zoned as Mixed use. The majority of the existing uses are Commercial and therefore more accurately reflect the purpose of the Mixed Zone rather than the Rural zone. This project area is also proximate to the greater Etna Community which is experiencing growth as a result of the southerly expansion of the Alpine area. b. Adequate public services & facilities exist or can be created. Electrical and telecommunication lines exist along U.S. Highway 89 and service is provided to each subject property. Additionally, each of the properties has water and sewer from their own onsite well and septic systems. c. In accordance with existing or proposed plans for water supply and sanitary sewers. Each lot has or will have individual wells and septic systems that are permitted by Wyoming DEQ. d. The effects on residential capacity and the cost of services. Because these lands are already being used as Commercial, this development will not impact residential capacity or increase the cost of services. e. Infill level of requested zone (see section 1.4.B.1) This area has already developed into a commercial use area and the land to the north and west has a Mixed Use zoning, so no leapfrogging of vacant property is occurring. f. The development rate of land in the area; proposed use. The Sherwood subdivision was originally platted in late 1990’s and amended in 2017. The warehouse on the Lutz Trust land was constructed around 2000. Most of the new construction began around 2018. This development seems to be progressing at a normal development rate. g. The effects on the growth rate of existing neighborhoods. There will be minimal effects on the existing neighborhoods. Traffic will be increased on Highway 89, but most of the development has access through other commercial use areas. h. The effects on other areas of similar development; public. There is not another area in Etna with similar development, so there will be minimal effects. i. Economic impact (see section 1.4.B.1) This development will boost the local economy and add value to the tax base. j. Consistency with the goals and objectives uniformed and established of the Lincoln County Comprehensive Plan. This development is consistent with the Lincoln County Comprehensive Plan in that it: It supports the Economic Development goal of promoting and assisting in the development of commercial, recreational and industrial development. It supports the Land Use goal of Promoting the development of residential, commercial and industrial uses in and around the established central services of the county. It supports the orderly and responsible development of Lincoln County. This development provides for the efficient use and delivery of public services since it is using existing roads and infrastructure. 1 of 5 Subject: Objection to Heiner Storage CUP 106-26, CUP 107-26, and Rezone 601 RZ 26 Date: April 13, 2026 To: Lincoln County, Wyoming Commissioners Via Email To: planning@lincolncountywy.gov; ken.kuluski@lincolncountywy.gov; elizabeth.williams@lincolncountywy.gov Dear Lincoln County Commissioners, My name is Bryan Tennant, and I am the owner of a five-acre parcel on Stevens Lane in Etna. I am writing to formally object to the newly submitted Heiner Storage proposals (106 CUP 26, 107 CUP 26, and 601 RZ 26). Please see my objections below: I. The Proposal Violates Wyoming Statute §18-5-203 (Zoning Authority and Public Safety Requirements) Wyoming law requires that conditional uses must not endanger public health or safety. Under W.S. §18-5-203, the Board of County Commissioners has explicit authority to regulate land uses to protect:  Public safety  Public welfare  Appropriate use of neighboring property Application to the Heiner Proposal The CUP application acknowledges that all access is via Stevens Lane, a narrow private road serving residential properties. The proposal adds:  123 car wash trips/day  26 commercial building trips/day  13–30 storage trips/day  Total: 162+ daily trips No traƯic study, no WYDOT approval, and no mitigation plan were provided. This creates a foreseeable and legally cognizable safety hazard at the US-89 intersection — a two-lane highway with no turn lane, previously identified by the County as dangerous. Approving a CUP that knowingly increases risk violates the County’s statutory duty under §18-5-203. II. The Proposal Is Incompatible With the Rural Zone and Violates the Lincoln County Comprehensive Plan 2 of 5 The Comprehensive Plan requires that:  Rural zones maintain low-intensity uses  Commercial development be appropriately scaled  Residential neighborhoods be protected from incompatible uses Application to the Heiner Proposal The project includes:  246 storage units  17,280 sq ft car wash  15,120 sq ft commercial building  138,140 sq ft of storage buildings  Total: 170,540 sq ft of commercial structures This is an industrial-scale megacomplex, not a rural-scale development. It introduces:  24-hour activity  Noise pollution  Light pollution  Transient traƯic  Commercial intensity incompatible with surrounding residential and agricultural uses Under the Comprehensive Plan, the County must deny conditional uses that substantially impair neighboring property or alter rural character. III. The Proposal Fails to Meet Conditional Use Permit Standards Under Chapter 3 of the Lincoln County Land Use Regulations Chapter 3 requires that a CUP applicant demonstrate: 1. Compatibility with surrounding uses 2. No substantial impairment of neighboring property 3. Adequate public services and infrastructure 4. Compliance with all agency requirements Application to the Heiner Proposal 3 of 5  Compatibility: The project borders homes on Stevens Lane and Dani’s Way. A 170,000+ sq ft commercial complex is not compatible with rural residential uses.  Impairment: Noise, lighting, traƯic, and visual impacts will reduce property values and impair quiet enjoyment.  Infrastructure: Stevens Lane is not designed for commercial traƯic. No improvements are proposed.  Agency compliance: The application states: “No permits, letters or reviews have been issued by any agencies.” This includes DEQ, Fire Marshal, SEO, WYDOT, and others. The application fails multiple mandatory criteria, and therefore cannot legally be approved. IV. The Proposal Raises Unresolved Environmental and Water-Rights Risks Wyoming water law protects irrigation infrastructure and prohibits interference with established water rights. Application to the Heiner Proposal The new CUP places a car wash directly over an active irrigation canal. This raises:  DEQ water quality concerns  State Engineer’s OƯice jurisdiction  Potential contamination of irrigation water  Structural risks to the canal  Liability exposure for the County Because the applicants have not obtained agency review, the County cannot make the required findings under Chapter 6 regarding environmental protection. V. The Applicants Have a Documented History of Non-Compliance, Undermining Their Eligibility for a CUP Wyoming counties may consider past compliance history when evaluating CUPs. Application to the Heiner Proposal Residents have documented:  Violations resulting in fines from Lincoln County  Violations resulting in fines from WY-DEQ  Unpermitted construction activity 4 of 5  Failure to follow prior conditions A CUP is a discretionary privilege, not an entitlement. Applicants with a history of non-compliance bear a heightened burden to demonstrate good faith — a burden not met here. VI. The County Has Already Rejected This Proposal Twice, and the Applicants Have Not Addressed the Reasons for Denial The County previously denied 111 CUP 24 because of:  Unsafe traƯic impacts  Incompatibility with rural zoning  Negative eƯects on neighbors  Proximity to Etna Elementary  Applicant compliance concerns Application to the Heiner Proposal The new CUP:  Uses the same site plan  Adds a car wash, increasing impacts  Provides no new mitigation  Does not address prior findings  Does not resolve safety or compatibility issues Under Wyoming administrative law principles, agencies must avoid arbitrary and capricious reversals of prior decisions without new evidence. The Heiners have provided none. VII. Approval Would Expose the County to Legal Liability If the County approves a CUP that:  Creates a known traƯic hazard  Interferes with water rights  Endangers emergency access  Lacks agency review  Is incompatible with zoning  Has a foreseeable negative impact on property values 5 of 5 …then the County may face claims for:  Negligence  Regulatory takings  Failure to enforce land-use regulations  Equal protection violations (treating similarly situated landowners diƯerently) The County has already recognized these risks in prior denials. Conclusion Under Wyoming law, the Lincoln County Comprehensive Plan, and the County’s own Land Use Regulations, the Heiner proposals cannot meet the legal standards required for approval. The County has already rejected this development twice for the same reasons that remain unaddressed today. The legally sound, defensible, and consistent action is to deny 601 RZ 26, 106 CUP 26, and 107 CUP 26. Thank you for your careful consideration of this matter. Respectfully, Bryan Tennant tennant.bc@protonmail.com ###