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HomeMy WebLinkAboutPZC Minutes 5.20.261 LINCOLN COUNTY PLANNING AND ZONING COMMISSION MEETING NOTES Wednesday, May 20, 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 6:00 p.m. II. INTRODUCTION OF PZC MEMBERS Planning Commission Members: Karen Anderson, Chair Chad Jensen, Vice Chair Kevin Kilroy David Oates George Collins Lincoln County Staff: Stephen Allen Chief of Staff Austin Dunlap, Deputy County Attorney Ken Kuluski, Planning Director Katie Gipson, Planner I Sydney Jasperson, Secretary III. ADOPTION OF AGENDA Chad moved to adopt the agenda as posted, seconded by David. Motion passed 5 - 0 IV. APPROVAL OF MINUTES Karen moved to have the minutes added to VIII Other Planning Matters, David seconded. Motion passed 5 - 0. V. DEVELOPMENT REPORT Katie presented the development report for approved permits from March 30th, 2026, to April 26th of 2026. There were 25 North Lincoln County Residential Permits, three Zoning and Development permits and one Small Wastewater permit. The board had some questions regarding the Zoning and Development permits specifically asking about square footage and permanence of some buildings. VI. SKETCH PLANS A. Minor Subdivision, Frontier Range Subdivision, within T21N, R116W, Sections 1 and 12. Ken presented the Crosland subdivision, second filing intending to divide the applicants second parcel into three. The applicants David and Kristin Crosland explained that this filing is intended to divide their 15-acre parcel into three parcels for residential use. They will utilize their current road access to County Road 234, also known as the 2 Kemmerer Airport Road with a cul-de-sac turnaround. One parcel will be larger than the other two to accommodate buildable space due to slope restrictions. Chad questioned how much buildable space is available to the purchasers. The applicants answered that there is significant buildable space referencing the map they outlined the portion where the topographical lines become closer together, indicating non-buildable space. Karen asked about any notable wildlife interaction zones, such as noted crossings or migration zones. The applicants noted there are local restrictions near the airport. Marlowe Scherbel of Surveyor Scherbel’s office added explanation to Chads questions; referencing the provided map ‘the green box is anything over 30% slope which disallows building.’ Marlowe estimated that there would be an acre and a half that would be unbuildable. Karen asked about fencing requirements, Ken responded that every subdivision requires a fencing plan, but this project is still in sketch phase. Chad asked about road materials and the applicants responded that the road would be gravel. VII. ACTION ITEMS B. 603 RZ 26 Creamery Park Rezone a. A request to rezone 14.03 +/- acres from Rural to Mixed Zone to accommodate residential/commercial use of the property. This Rezone Application is associated with file 708 MA 26, Creamery Park Subdivision, an 11 lot Major Subdivision. The Major subdivision is contingent on the approval of this Rezone. b. Located 2.7 miles northwest of Star Valley Ranch, Wyoming in T35N, R119W, Section 3. Ken stated that the project meets requirements similar to the surrounding similar projects. Mixed use zones are located above and beside the parcel. Planning staff requests approval of a 30-day notice. No conditions were listed for this rezone, if approved the Planning and Zoning Commission would revisit this project on July 22nd. Chad had a question to clarify the ‘rural to mixed use for the purpose of developing the property into primarily commercial use and residential incidental commercial use.’ Ken responded that the applicants wanted to keep their options open for the future. Kevin had a question about water availability. Ken responded that he is not aware of any changes to the current agreement. David asked about acceptable use of the property. Ken responded with any acceptable use under the Land Use Regulations (LUR’s). Marlowe Scherbel responded to Chads earlier question regarding the ‘residential incidental’ portion of the application, that the intention allows small apartments above small businesses rather than large houses next to a commercial building. Discussion regarding mixed use regulations and density between the Planning and Zoning Commission and Marlowe, discussing expanding zoning stages. Chad questioned road material and the regulatory standard listed as “roads will be constructed in accordance with the standard cross-sections for subdivision roads”. Marlowe clarified that it means the roads will be paved. Chad asked about ‘on-site employees only’. Marlow responded that in the future it could be a condition of approval. David questioned if the commission could set a size restriction as a condition of approval. Ken responded that in the master plan application they could add conditions of approval related to size. David posed a question to Ryan of Sunrise Engineering about the proposed septic plan. Ryan 3 responded that the mixed use requires an enhanced septic system. David asked if additional permits would be required of future landowners. Ken responded in the affirmative. Marlowe added commentary about the type of permits for specific parcels that might appear in the future. Kevin motioned to approve the 30-day notice with findings of approval A-C, seconded by George. Motion passed 5-0. C. 602 RZ 26 Summit Ridge Estates - Rezone a. A request to rezone 21 +/- acres, from Rural to Mixed Use to accommodate Residential / Commercial use of the property. This rezone is combined with file 705 MA 26 a Major Subdivision concept plan for a residential/commercial subdivision with 47 lots with an average density of 0.61± acres and one park area. b. Located directly east of the Town of Thayne, Wyoming in T34N, R118W, Section 19. Ken presented, stating that this rezone is combined with a major subdivision concept plan. Which will have 47 lots with an average density of .61 acres, directly east of the town of Thayne. Planning staff requests the Planning and Zoning Commission send a letter of recommendation of approval to the Board of County Commissioners. Karen asked for clarification on the footprint. Ken explained that the included map shows a green side and blue side, the green zone is currently rural and would be mixed if approved. The blue will remain mixed. Chad asked what the agreement was from Thayne. Ken responded that Thayne may be willing to attach this development to sewer but not water due to access from the Bedford Water District. Adding that there is no hard feedback because the plan is still a concept. Conditions will be added to a master plan. Chad asked about road connectivity, specifically the North Forty Drive and Muddy String. Ken responded that there would be access to North, West and South of the development. Marlowe Scherbel provided more context to the rezone, including the relevant history of the development, that being All-Star Subdivision 2nd filing. He outlined the water connectivity points on Muddy String and the Thayne-Bedford Road. He also provided context to the access points, citing the North Forty easement granted to Joel Merrit (JM Land Development) by Bart and Deanna Merritt recorded as book 712, page 312. Chad asked a few questions about the traffic capacity of Muddy String, the envisioned commercial use and a solid agreement with Thayne for connectivity. Marlowe responded that he had been in communication with the Mayor of Thayne, providing information that it would be favorable to annex in the future. There was discussion between the Commission and Marlowe about sizes and available space for living quarters and appropriate septic systems. Marlowe opened himself up to questions for both 602 RZ 26 and 705 MA 26 (CUP) providing a recap of the Lincoln County Land Use Regulations and local land obstacles, specifying compatibility and density. He asked the commission to remove the condition of approval #4 as it does not meet requirements, adding the cost of engineering. David asked at what point does density impact effective septic systems. Discussion between the Commission and Marlowe about ground water and percolation test results on a previous project in relation to the new proposed project. Karen redirected asking to reassess 602 RZ 26 and the ‘envisioned commercial use’. Marlowe responded that the owners would be 4 permitted to do anything allowed under the LUR. Discussion between the Commission and Marlowe about water access, sewer and potable water. Marlow wanted to clarify that the conditions of approval are attached to the subdivision application. Karen opened the floor to public comment. Brent, Linda Olemslager, Rob Rothermel, Donlee Jackson, Bart Merritt, Jack & Brittany Kincaid, Erica Basil and Judy Kinslow spoke about safety concerns for the children of the area, specifically with recreational use of the roadways and the bus stop at the intersection of the North Forty Road and Muddy String. Additional concerns were raised about ground water and whether it was considered high or not. The question was posed whether the easement agreement could be challenged or changed in any way. Karen asked if the easement could be challenged or changed in any way. Marlowe explained that the easement is a perpetual agreement. Discussion between Marlowe and the Commissioners about future requirements of approval, especially with the water connectivity. Revisiting the legality of the easement agreement for clarity and upkeep. Karen asked about high ground water, Judy Kincaid responded with her own personal experience. Discussion between Ken and the Commission about conditions of approval when the full application is reviewed. Ken made an announcement to the crowd that a community safety meeting would be held Wednesday the 27th from 11:30am-1:00pm at the Afton Civic Center, which will include the County Engineer and other County staff. Adding that if anyone could not make it to the meeting, they could send their concerns to him directly or his office. Marlowe spoke final statements about ground water and zoning. Discussion between Austin and the Commission about challenging the easement agreement. Discussion between the Commission members about the application of Chapter 1 of the LUR and the impact to the area and infrastructure. Citing the general, reoccurring issue of not wanting to mix commercial and residential spaces. Karen spoke about providing support to the Planning Office going forward. Chad motioned to table 602 RZ 26 until an impact study could be conducted specifically a letter of intent to serve from the town of Thayne, or the Bedford Water District. Seconded by George. Motioned failed 3-2. Karen motioned to deny the rezone request based off of Chapter 1.1 Zoning Rules and Regulations, stating that the purpose of the rural zone is to maintain the essential rural character of the great majority of private land in the county and that this project is counter to that rural character. Point two that the rural zone will allow home occupation businesses as well as a few other commercial uses which are best suited for rural areas, stating she does not find this project low impact. The Lincoln County Comprehensive Plan states in the land use goals that we will conserve the existing agricultural lands and operations. Feeling that the project does not promote the development of residential, commercial or industrial land uses in and around established services in the County. Citing high density and undetermined commercial use seconded by David, motion passed 4-1. 5 D. 705 MA 26 Summit Ridge Estates A Major Subdivision Concept Plan for a residential/commercial subdivision with 47 lots with an average density of 0.61± acres and one park area. The lots will be served by centralized water and individual wastewater systems meeting WDEQ requirements. Located directly east of the Town of Thayne, Wyoming in T34N, R118W, Section 19. This matter was not heard by the Planning and Zoning Commission due to 602 RZ 26 being denied. VIII. OTHER PLANNING MATTERS 1. Chief of Staff gave the Planning and Zoning Commission a Lincoln County update. 2. Changes to April Meeting Minutes, edits given by Chad. 3. Chad provided several articles to Ken for reference. ADJOURNEMENT Karen motioned to adjourn the meeting at 9:00 PM, David seconded. Motion passed 5 – 0. 6 The minutes from May 20th, 2026, Planning and Zoning Commission meeting were approved on the _____ day of _________________, 2026. _____________________________________ _____________________________________ Chair Dated Director Dated