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Home My WebLink About708 MA 26 Creamery Park BCC Staff Report Complete 708 MA 26 BCC APPLICANTS: Five Crazy Kids, LLC PROJECT NAME: Creamery Park COMMUNITY PLAN AREA: Etna ZONING: Mixed REPRESENTATIVE: Surveyor Scherbel, Ltd. PLANNER: Ken Kuluski PARCEL ID: 3519-034-00-086 PROPOSAL: A Major Subdivision Preliminary Plat Application to subdivide 14.03 +/- acres into 11 lots with an average lot size of 1.28 +/- acres. The subdivision road, Wyoming Way, is accessed off of Creamery County Road 111. The lots will have water from Etna Water District and individual enhanced septic treatment systems that meet current State and County standards. LOCATION: Located roughly 3 miles northwest of Star Valley Ranch, Wyoming in T35N, R119W, Section 3. ____________________________________________________________________________________ ATTACHMENTS: 1. Preliminary Plat 2. Vicinity Map 3. Agency Correspondence 4. Development Agreement PLANNING STAFF RECOMMENDATION: The Planning & Zoning Commission recommends that the Board of County Commissioners APPROVE File #708 MA 26, Creamery Park, with: ● Findings of Approval A. thru C. ● Conditions of Approval 1. thru 4. ● Recommendation to sign the Development Agreement. LINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS STAFF REPORT Major Subdivision Preliminary Plat Application HEARING TIME AND DATE: 10:00 a.m., September 2, 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 # 708 MA 26 708 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. Compliance with agency requirements: The developer/owner shall obtain any and all County, State, and Federal permits, licenses, and other approvals for the construction and/or operation of the project. This may include: Local Fire District, Wyoming Department of Fire Prevention and Electrical Safety (State Fire Marshal), Wyoming State Engineer’s Office (SEO), Wyoming Department of Transportation (WYDOT), Wyoming Game and Fish, Wyoming Department of Environmental Quality (WDEQ), Army Corps of Engineers, Bureau of Land Management (BLM), and/or Environmental Protection Agency (EPA). 2. The developer shall enter into a Development Agreement with the County. The Development Agreement shall be signed by all parties and filed with the Lincoln County Clerk’s Office no later than 60 days after approval of the Preliminary Plat or the application and approval shall be voided. Lots are not buildable until the Final Plat is recorded for each lot. 3. The developer shall provide evidence prior to Final Plat that they have entered into an agreement with Wyoming Department of Transportation (WYDOT) to mitigate impacts determined by the Traffic Impact Study, which may include a SB right -hand turn lane at the intersection of US-89/ CR-111 to remove right turning vehicles from the thru lane as recommended in the May 2026 Sunrise Engineering Traffic Study. 4. The developer shall provide fire hydrants with fire flows and spacing that meet requirements of Appendix N of the Lincoln County Land Use Regulations prior to Final Plat. 5. The developer shall submit a Water Distribution Plan to the State Engineer’s Office for the water rights that exist on the property. 6. The developer shall provide as-built drawings for all water service lines prior to final plat. 7. Developer shall obtain a review by the United States Postal Service (USPS) for mail delivery. 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. Discussion with USPS will not prevent or delay final plat approval by Lincoln County. 8. Warning shall be added to the Final Plat: • Language approved by the County Attorney’s office regarding future connectivity for road easements. • In order to meet requirements established in Wyoming Water Quality Rules, Chapter 23 and Lincoln County Commercial Subdivision requirements, individual septic systems are required to be enhanced treatment systems. 9. The primary purpose of Creamery Park is commercial use. Multi-family housing is prohibited, and housing is limited to one single family, 2 bedroom dwelling per lot. Housing is secondary to 708 MA 26 BCC commercial use. AGENCY CORRESPONDENCE: Lincoln County Weed & Pest: At the time of inspection there were no known noxious weeds. Star Valley Conservation District: Due to a large variation between water levels in this section, SVCD recommends soil cuts to determine groundwater levels. If ground water is high, we recommend an enhanced septic system. We also recommend that soil cuts be taken in the spring/early summer when groundwater is highest. If soil cuts are done at other times know that static water level can fluctuate according to the amount of high-water runoff from year to year. State Engineer's Office: The State Engineer’s Office has reviewed the subdivision application and conducted a preliminary examination of the agency’s water rights database. Based on this review and W.S. 18-5-306, we have determined that there are irrigated acres associated with the subdivision lands under Permit No. 1266 Enl. These irrigated acres must be addressed per Statute. The subdivider is legally obligated to address these irrigated acres and take the necessary actions to ensure compliance with W.S. 18-5-306(a)(xi). As of the date of this correspondence, the State Engineer’s Office has not received any documentation addressing the intended disposition of these water rights. Wyoming Department of Environmental Quality: Based on the materials and information presently submitted for this Chapter 23 subdivision application, the WDEQ is issuing a “Non-Adverse” recommendation applicable to the Subdivision under the condition that the "Notes Required to Be Added to the Final Plat" are included in the final plat. If the "Notes Required to Be Added to the Final Plat" are not added to the plat, then WDEQ's recommendation would be “Adverse.” NOTES REQUIRED TO BE ADDED TO THE FINAL PLAT: • In order to meet requirements established in Wyoming Water Quality Rules, Chapter 23 and Lincoln County Commercial Subdivision requirements, individual septic systems are required to be enhanced treatment systems. SUNRISE ENGINEERING TRAFFIC STUDY: May 2026 AUXILIARY LANE WARRANT Auxiliary lane warrants indicate that a southbound right-turn lane on Hwy-89 at Creamery Rd is warranted under existing conditions. This improvement should be considered a safety and access management measure because it would separate decelerating right-turn vehicles from through traffic on the high-speed Hwy-89 corridor. The analysis does not identify a need for additional capacity-based mitigation based on LOS, V/C, or queuing results. Any additional auxiliary lane improvements should be coordinated with WYDOT and Lincoln County during final access review and design 708 MA 26 BCC SIGNAL WARRANT ANALYSIS Signal warrant reports for each analysis scenario are provided in Appendix C. Under Existing 2025, 2030 Background, and 2030 Background + Project conditions with both proposed accesses, Warrants 1 through 3 are not satisfied. Under the 2030 Background + Project scenario without the direct Hwy-89 access, Warrant 3 is satisfied under Condition B. By 2040, Warrant 1 Condition B, Warrant 2, and Warrant 3 Condition B are satisfied under the Background and Background + Project scenarios. Although future signal warrants are met under some scenarios, signal installation is not recommended at this time. The intersection does not show a substantial V/C or queuing deficiency, and a new signal on this high-speed rural segment of Hwy-89 could introduce additional stopping conditions and increase rearend crash potential. Future signalization should be reevaluated as traffic volumes, development patterns, crash history, and WYDOT review indicate. PUBLIC COMMENT: No public comment was received at the time of publication. £¤89 363534 02 121011 03 01 36N 119W 35N 119W ³±111 Connormans Way Shirleys Way £¤89FREEDOM BEEF COMPANY, LLC RASKA, LEON J& SHEREE L FIVE CRAZY KIDS, LLC AUSTINDEVELOPMENT, INC. OX YOKE B LLC OX YOKE B LLC OX YOKE B LLCOX YOKE B LLC OX YOKE B LLC FIVE CRAZY KIDS, LLC AUSTINDEVELOPMENT, INC. GUSLANDERS,LLC PETERSEN, DALE OLVERA,SANDY ETAL AUSTIN DEVELOPMENT, INC. AUSTIN DEVELOPMENT,INC. AUSTIN DEVELOPMENT,INC. AUSTINDEVELOPMENT, INC. AUSTINDEVELOPMENT, INC. TGH INDUSTRIES, LLC TGH INDUSTRIES, LLC OLIFF, STACEY E & ROBERT J PEREZ, LAURA B ALPINE HOME BUILDERS, LLC TGH INDUSTRIES, LLC OSTLER HOMES LLC GUSLANDERS, LLC Microsoft, Vantor Rezone Application Roads Road_Type US Highways WY Highways Projects Township & Range Sections Municipalities Public Noticing File No 603 RZ 26 Creamery Park Five Crazy Kids, LLC Prepared using available data by Katie Gipson on 24 April 2026. Map is for informational purposes only and in no way represents an official survey of land. August 19, 2025 Lincoln County Office of Planning and Development P. O. Box 468 Kemmerer, WY 83101 STAR VALLEY CONSERVATION DISTRICT Board of Supervisors has reviewed the proposed Creamery Park, major subdivision north of Etna, Wyoming. Due to a large variation between water levels in this section, SVCD recommends soil cuts to determine groundwater levels. If ground water is high, we recommend an enhanced septic system. We also recommend that soil cuts be taken in the spring/early summer when groundwater is highest. If soil cuts are done at other times know that static water level can fluctuate according to the amount of high-water runoff from year to year. This report satisfies the Conservation District Review as required by Wyoming State Statute 18- 5-306. No other use is intended or implied. If there is any more information, we can provide for you, please let us know. Yours truly, STAR VALLEY CONSERVATION DISTRICT Rollin Gardner Chairman State Engineer’s Office HERSCHLER BUILDING, 2 WEST CHEYENNE, WYOMING 82002 (307) 777-6150 MARK GORDON GOVERNOR BRANDON GEBHART, P.E. STATE ENGINEER May 8, 2026 Lincoln County Board of Commissioners 925 Sage Ave., Suite 302 Kemmerer, WY 83101 planning@lincolncountywy.gov Commission@lincolncountywy.gov RE: Creamery Park Subdivision, WDEQ 2026-0111 Dear Commissioners: The Ground Water Division of the State Engineer’s Office has received application materials pertaining to the Creamery Park Subdivision, WDEQ 2026-0111 from the Wyoming Department of Environmental Quality, requesting information and advice to the Water Quality Division. The aforementioned subdivision is proposed to be situated within the SE¼ SE¼ of Section 3 of Township 35 North, Range 119 West, Goshen County, Wyoming. The proposed subdivision consists of 11 lots totaling approximately 14-acres, with a gross density of about 1.3 acres each. Proposed lots will be for commercial use. The proposed water supply service from Etna Water and Sewer District. The State Engineer’s Office has reviewed the subdivision application and conducted a preliminary examination of the agency’s water rights database. Based on this review and W.S. 18-5-306, we have determined that there are irrigated acres associated with the subdivision lands under Permit No. 1266 Enl. These irrigated acres must be addressed per Statute. The subdivider is legally obligated to address these irrigated acres and take the necessary actions to ensure compliance with W.S. 18-5-306(a)(xi). As of the date of this correspondence, the State Engineer’s Office has not received any documentation addressing the intended disposition of these water rights. For detailed guidance on the legal obligations and procedural steps necessary to address these irrigated acres, please refer to item 6 below. Additional Comments: 1. Drilling of any water well requires an approved permit before work commences. The State Engineer water right permit grants the applicant the right to seek to develop a water supply to meet the proposed needs. It does not guarantee that water will be physically available. Surface Water Ground Water Board of Control (307) 777-6475 (307) 777-6163 (307) 777-6178 2. Any new proposed wells must be constructed in strict compliance with the State Engineer’s Office Rules and Regulations, Part III, Water Well Minimum Construction Standards. 3. With limited exceptions, a Wyoming licensed water well drilling contractor must drill and construct new wells, and a Wyoming licensed pump installation contractor must install pumps. 4. Any well not intended for use must be appropriately plugged and abandoned in accordance with the aforementioned rules and regulations. 5. Any wells developed for purposes that are not encompassed by the definition of domestic or stock use mandate adjudication by the Board of Control. 6. The water right search revealed existing water rights associated with the subdivided lands. These water rights must be addressed as stipulated in W.S. 18-5-306(a)(xi). Wyoming Statute 18-5-306(a)(xi): (xi) With respect to any water rights appurtenant to lands to be subdivided in accordance with this chapter and prior to final approval of the subdivision permit, the subdivider shall provide the following: (A) The intended disposition of the water rights, by: (I) Written documentation from the state engineer or the state board of control that the subdivider submitted to the state engineer or the state board of control all documents necessary to voluntarily abandon the water rights, cancel any unadjudicated permits or eliminate applicable lands from any unadjudicated permits. The subdivider shall notify any purchasers of this action; (II) Written documentation from the state board of control that the subdivider has submitted to the state board of control all documents necessary to change the use or place of use to provide for beneficial use of the water rights outside the subdivision; (III) A plan, accompanied by written documentation from the state engineer approving the plan, for the distribution of the water rights appurtenant to the land to be subdivided. The plan shall specify the distribution of the water to the lots within the subdivision and shall include written documentation from the state board of control that the subdivider submitted to the state board of control all documents necessary to change the use, place of use or point of diversion or means of conveyance in accordance with W.S. 41-3-103, 41-3-104 or 41-3-114; or (IV) Written documentation from the state board of control that it has accepted an authorization to detach water rights appurtenant to the lands to be subdivided in accordance with rules and regulations promulgated by the state board of control. (B) If the subdivision is located within lands served by or crossed by a ditch, irrigation works or other water conveyance system, evidence that the subdivider submitted the plan to the public entity, company, association or appropriators responsible for the ditch, irrigation works or other water conveyance system for review and recommendation at least sixty (60) days prior to the submittal of the application for the subdivision permit to the board. Upon receipt of the plan, the public entity, Creamery Park Subdivision, WDEQ 2026-0111 Page 2 company, association or appropriators shall notify the subdivider if and how the subdivision will create a significant additional burden or risk of liability; (C) Evidence that the subdivider will specifically state on all offers and solicitations relative to the subdivision the subdivider's intent to comply with this paragraph and that the subdivider does not warrant to a purchaser that the purchaser shall have any rights to the natural flow of any stream within or adjacent to the proposed subdivision. The subdivider shall further state that Wyoming law does not recognize any riparian rights to the continued natural flow of a stream or river for persons living on the banks of the stream or river; (D) If the subdivision is located within the boundaries of an irrigation district that is subject to the provisions of title 41, chapter 7 of the Wyoming statutes, the application shall include recommendations from the irrigation district regarding any changes to the attached water rights and the irrigation district's easements. If there is a conflict with the irrigation district's recommendations, the subdivider shall certify that it met with and made a good faith effort to resolve any conflicts with the irrigation district; and (E) If the subdivision will create a significant additional burden or risk of liability to the public entity, company, association or appropriators responsible for the ditch, irrigation works or other water conveyance system, the subdivider shall provide an adequate and responsible plan to reduce or eliminate the additional burden or risk of liability and evidence that the subdivider submitted the plan to the public entity, company, association or appropriators for review and recommendation regarding the adequacy of the plan Please reference “State Engineer Subdivision Review Number 2026-25-12” in all correspondence pertaining to this application. Should you require clarification, please do not hesitate to contact me at (307) 777-2974 or via email at wesley.frain1@wyo.gov. We appreciate the opportunity to provide comments on the aforementioned subdivision application. Sincerely, Wesley Frain Natural Resource Analyst ELECTRONICALLY TRANSMITTED Cc: Adam Keifenhiem, PE, Southwest District Engineer, Wyoming DEQ Water Quality Division Creamery Park Subdivision, WDEQ 2026-0111 Page 3 200 West 17th Street, Cheyenne, WY 82002 · http://deq.wyoming.gov · Fax (307)635-1784 ADMIN/OUTREACH ABANDONED MINES AIR QUALITY INDUSTRIAL SITING LAND QUALITY SOLID & HAZ. WASTE WATER QUALITY (307) 777-7937 (307) 777-6145 (307) 777-7391 (307) 777-7369 (307) 777-7756 (307) 777-7752 (307) 777-7781 Department of Environmental Quality To protect, conserve, and enhance the quality of Wyoming’s environment for the benefit of current and future generations Mark Gordon, Governor Todd Parfitt, Director June 01, 2026 Lincoln County Board of Commissioners 925 Sage Avenue Kemmerer, WY 823101 RE: Non-Adverse Recommendation, Creamery Park Subdivision, Lincoln County WDEQ-WQD Application #2026-0111 Dear Commissioners: The Wyoming Department of Environmental Quality - Water Quality Division (WDEQ-WQD) has completed the review of the proposed Subdivision located in the Section 3, Township 35N, Range 119W, Qtrqtr SESE in Lincoln County, Wyoming. The Subdivision will create 11 commercial lots out of approximately 14 acres. The information was submitted by Courtney Campbell, Manager, Five Crazy Kids, LLC, and was signed by Ryan J Erickson, PE, Dominique Kimberly Brough, PG, a Wyoming Licensed Engineer and Wyoming Professional Geologist. This letter represents the recommendations of the Wyoming Department of Environmental Quality as required by W.S. 18-5-306(c). The subdivision review consisted of (i) review of the proposed sewage system, (ii) review of the proposed water system, and (iii) groundwater review of the proposed sewage system. The conclusion of WDEQ-WQD’s subdivision review results in either a “Non-Adverse” or “Adverse” recommendation. • Non-Adverse - - the proposed subdivision meets the safety and adequacy requirements of WDEQ Chapter 23 Rules • Adverse - - the proposed subdivision does not meet the safety and adequacy requirements of WDEQ Chapter 23 Rules • Notes Required to be Added to the Final Plat - - an Adverse recommendation will result in comments to address water or wastewater concerns with specific “Notes Required to be Added to the Final Plat.” PROPOSED SEWAGE SYSTEM REVIEW: The proposed sewage system consists of individual on-site septic tanks and leach fields constructed to standards established in WDEQ Water Quality Rules (WQR) and standards established by the Lincoln County Environmental Health Department. • The information submitted addresses the safety and adequacy of the proposed sewage system, provided the statements indicated in the “Notes Required to be Added to the Final Plat” are adhered to. PROPOSED WATER SYSTEM REVIEW: The subdivision’s proposed water system consists of connection to the Etna Water system. The water main to supply this connection will require a separate Chapter 3 permit from the DEQ. • The information submitted addresses the safety and adequacy of the proposed water system. Non-Adverse Recommendation, Creamery Park Subdivision, Lincoln County WDEQ-WQD Application #2026-0111 Page 2 of 3 PROPOSED SEWAGE SYSTEM GROUNDWATER REVIEW: The proposed sewage system consists of individual on-site septic tanks and leach fields constructed to standards established in WQR and standards established by the Lincoln County Environmental Health Department. The sub- division overlies a semi-confined Class I groundwater as defined by WQR Chapter 8 Rules. • The information submitted addresses the safety and adequacy of the proposed sewage system, provided the statements indicated in the “Notes required to be added to the final plat” are adhered to. Please refer to Appendix A, Groundwater Loading Model analysis located at the end of this letter for additional information. NOTES REQUIRED TO BE ADDED TO THE FINAL PLAT: • In order to meet requirements established in Wyoming Water Quality Rules, Chapter 23 and Lincoln County Commercial Subdivision requirements, individual septic systems are required to be enhanced treatment systems. CONCLUSIONS: Based on the materials and information presently submitted for this Chapter 23 subdivision application, the WDEQ is issuing a “Non-Adverse” recommendation applicable to the Subdivision under the condition that the "Notes Required to Be Added to the Final Plat" are included in the final plat. If the "Notes Required to Be Added to the Final Plat" are not added to the plat, then WDEQ's recommendation would be “Adverse.” Disclaimer: The Adverse recommendation provided above has nothing to do with, nor has any bearing on the water rights associated with the Subdivision. Any questions or concerns about the water rights for the Subdivision should be directed to the State Engineer’s Office. Nothing in Department of Environmental Quality recommendations or comments regarding the proposal for the Subdivision shall be construed to relieve Courtney Campbell, or Five Crazy Kids, LLC, of the obligation to obtain any permits or additional approval from any local, state or federal agencies as required by law, rules, regulations, or ordinances. Nothing in these recommendations commits the Department of Environmental Quality or Lincoln County to the issuance of required permits for construction, operation, or modification of water supply or sewage systems. Sincerely, Adam Keifenheim SW District Engineer Water & Wastewater Section, Water Quality Division Lily R. Barkau, P.G. Groundwater Section Manager Water Quality Division cc: Ryan J. Erickson, rerickson@sunrise-eng.com Non-Adverse Recommendation, Creamery Park Subdivision, Lincoln County WDEQ-WQD Application #2026-0111 Page 3 of 3 Appendix A Ground Water Loading Analysis Wastewater System Discharges to same aquifer that supplies a public water supply and are located within Zone 1 or Zone 2 • Determination = NO Chapter 23 Appendix A – Nitrate Loading Analysis Nitrate Loading – Co • Consultant’s evaluation assumed commercial lots with a 2-bedroom apartment. The Co calculated by the consultant is 2.79 mg/L. • DEQ evaluation assumed maximum flow on anticipated occupancy numbers. Maximum flow used was 6,010 gpd and therefore, the Co calculated by DEQ is 9.0 mg/L. Chapter 23 Appendix B – Minimum Isolation Distances Analysis Vertical Travel Time – t1 • Will need to be reassessed once occupancy identified for each lot. Horizontal Travel Distance • Will need to be reassessed once occupancy identified for each lot. Chapter 23 Appendix C – Public Water Supply Analysis Nitrate Loading – Cp • Will need to be reassessed once occupancy identified for each lot. Nitrate Loading – Cwell • Will need to be reassessed once occupancy identified for each lot. Comments to Analysis: • Differences in analysis were due to: o Consultant’s evaluation assumed commercial lots with a 2-bedroom apartment. DEQ evaluation assumed maximum flow on anticipated occupancy numbers. Maximum flow used was 6,010 gpd. Mikayla Hibbert <mikayla.hibbert@lincolncountywy.gov> Fwd: Queuing Distance on Intersection of County Road and US Highway 89 5 messages Amy Butler <amy.butler@lincolncountywy.gov>Fri, Feb 9, 2024 at 9:59 AM To: Planning <planning@lincolncountywy.gov> I wanted to make sure you were all in the loop for this project. Amy Butler, P.E. County Engineer Lincoln County Engineering Office 520 Topaz Street, Suite 110 Kemmerer, WY 83101 amy.butler@lincolncountywy.gov (307)877-2104 ---------- Forwarded message --------- From: Darin Kaufman <darin.kaufman@wyo.gov> Date: Fri, Feb 9, 2024 at 9:51 AM Subject: Re: Queuing Distance on Intersection of County Road and US Highway 89 To: Jamie DeCora <jamiessltd@gmail.com> Cc: Amy Butler <amy.butler@lincolncountywy.gov> Jamie, I suggest a traffic study to be performed to analyze at a minimum the turning movements, address turning vehicle conflicts/blockage, and to determine adequate storage lengths for right turns and (back- to-back) left turns to/from US 89. Commercial development = storage lengths should account for larger vehicles. AASHTO (CH 9) discusses the items mentioned. WYDOT Access Manual recommended offset for frontage roads is 660'. Conservatively the frontage road offset should be measured between paved edge to paved edge, and a jughandle alignment may be considered for the frontage road. The existing access in the southern corner is permitted as a field approach. Thank you. Darin Kaufman, P.E., PTOE WYDOT District 3 Traffic Engineer 3200 Elk Street Rock Springs, WY 82902 Office: 307.352.3034 Cell: 307.389.0235 On Thu, Feb 8, 2024 at 3:51 PM Jamie DeCora <jamiessltd@gmail.com> wrote: Amy and Darin, I am looking for some guidance on a proposed subdivision in the north Etna area. The proposed development would consist of 10 commercial lots. We do not know yet what type of businesses will be occupying the lots. The developer is looking at platting the lots and selling them to individuals who will be responsible for pulling the appropriate permits to construct the business. We have designed the subdivision with a loop road - access off of Creamery County Road No. 12-111 and US Highway 89. You will note the entry to the subdivision road is approximately 170 feet from the right of way of US Highway 89. Are there some guidelines for queuing distances? Will we need to design the subdivision road so that it has more queuing distance to the intersection? Darin. It appears there is an access approach near the southern entrance of the proposed subdivision road. Can you tell me what this approach is permitted for? 2024-01-24 5CrazyKidsMP Aerial.pdf Do you see any concerns that I need to be aware of with this development in relation to traffic flow? Thank you for your assistance. Jamie Jamie DeCora Office Manager Surveyor Scherbel, Ltd. 307-885-9319 (Phone) 307-885-9809 (Fax) E-Mail to and from me, in connection with the transaction of public business, is subject to the Wyoming Public Records Act and may be disclosed to third parties. Misty Sanderson <misty.sanderson@lincolncountywy.gov>Fri, Feb 9, 2024 at 12:53 PM To: Amy Butler <amy.butler@lincolncountywy.gov> Cc: Planning <planning@lincolncountywy.gov> Interesting! Thanks Amy! [Quoted text hidden] -- Misty Sanderson Planning Technician - Afton misty.sanderson@lincolncountywy.gov Lincoln County Planning and Development Office Afton Office: (307)-885-3106 61 E 5th Ave, Afton, WY 83110 Direct Line: (307)-885-4728 Website: https://www.lincolncountywy.gov Land Use Regulations & Forms: Click Here Amy Butler <amy.butler@lincolncountywy.gov>Tue, Mar 4, 2025 at 5:11 PM To: Mikayla Hibbert <mikayla.hibbert@lincolncountywy.gov> Amy Butler, P.E. County Engineer Lincoln County Engineering Office 520 Topaz Street, Suite 110 Kemmerer, WY 83101 amy.butler@lincolncountywy.gov (307)877-2104 ---------- Forwarded message --------- From: Darin Kaufman <darin.kaufman@wyo.gov> Date: Fri, Feb 9, 2024 at 8:51 AM Subject: Re: Queuing Distance on Intersection of County Road and US Highway 89 To: Amy Butler <amy.butler@lincolncountywy.gov> attachment? Darin Kaufman, P.E., PTOE WYDOT District 3 Traffic Engineer 3200 Elk Street Rock Springs, WY 82902 708 MA 26 Page 1 of 11 DEVELOPMENT AGREEMENT FOR Creamery Park Subdivision FILE NO. 708 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 Five Crazy Kids, LLC hereinafter referred to as OWNER/DEVELOPER”, whose address is PO Box 5007 Etna Wyoming 83118. WHEREAS, it is the intent and purpose of the OWNER/DEVELOPER to meet the conditions of approval for File No. 708 MA 26 Creamery Park Subdivision to subdivide 14.03 +/- acres into 11 lots with an average lot size of 1.28 +/- acres; 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 Creamery Park Subdivision; 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. 708 MA 26 Creamery Park Subdivision 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 Five Crazy Kids LLC, whose address is P.O. Box 5007, Etna, WY 83118, 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 14.03 +/- acres of a certain parcel(s) of Property located in Lincoln County, Wyoming, as described in Exhibit A. 708 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 an approved subdivision road with a minimum 26’ roadway width and 70’ radius cul-de-sac. The subdivision roads shall meet all Lincoln County Road Standards. 2. Submit a Water Distribution Plan to the State Engineer’s Office if water rights exist on the property. 3. Install electrical power and communication lines to each identified lot. 4. Surveyor’s lot monuments as set forth in the Preliminary Plat attached hereto as Exhibit B. 5. Reseed disturbed areas to avoid weed infestation and erosion. 6. Purchase private road name signs and stop signs through Lincoln County, Wyoming Planning and Development Office. 7. Install road and stop signs after completion of improvements and prior to final subdivision approval (see Lincoln County Land Use Regulations 6.18). 8. Meet subdivision fencing laws per Wyoming Statute 18-5-319. 9. The developer shall install fire hydrants in the subdivision. 10. The developer shall provide engineered plans for subdivision water lines. 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. 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. Also, no building permits shall be issued by the County until final plat approval and recording. 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 708 MA 26 Page 3 of 11 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 shall 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 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. 708 MA 26 Page 4 of 11 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. OWNER/DEVELOPER hereby agrees that they will create a binding document either a HOA, CCRs, Road Maintenance Agreement, Special Improvement District, or Mutual Benefit Corporations that at a minimum: a) Provide an entity for ongoing road maintenance including the collection of road maintenance fees; b) Provide an entity for ongoing snow removal including the collection of snow removal fees; c) Ensure road maintenance and snow removal are maintained indefinitely. d) The chosen document must be filed at the time of final plat filing, and bind all current and future owners to the agreement. 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 708 MA 26 Page 5 of 11 Notices to the OWNER/DEVELOPER shall be addressed to, or delivered at, the following addresses: Five Crazy Kids, LLC, P.O. Box 5007 Etna, WY 83118 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. 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 708 MA 26 Page 6 of 11 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 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. 708 MA 26 Page 7 of 11 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. 708 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, Chairman Board of Lincoln County Commissioners Attest: ________________________________ April Brunski Lincoln County Clerk 708 MA 26 Page 9 of 11 OWNER/DEVELOPER ________________________________ Date: ______________________ Courtney Campbell, managing member, Five Crazy Kids LLC STATE OF WYOMING ) ) ss COUNTY OF LINCOLN ) The foregoing instrument was acknowledged before me by, ______________________, Courtney Campbell of Five Crazy Kids LLC, this ____ day of ______________ 2026. Witness my hand and official seal. (SEAL) _____________________________________ Notary Public My Commission expires: ________________ 708 MA 26 Page 10 of 11 EXHIBIT A DESCRIPTION OF PROPERTY Creamery Park Subdivision 14.03 +/- acres within Section 3, Township 35 North, Range 119 West, in, Lincoln County, Wyoming. 708 MA 26 Page 11 of 11 EXHIBIT B APPROVED PRELIMINARY PLAT See Attached