LAND USE DEPARTMENT AGENDA & STAFF REPORTPLANNING & ZONING COMMISSION – 11/13/2019

BOARD OF COUNTY COMMISSIONERS – 11/19/2019

PUBLIC HEARING #1KEITH COLLINS

Conditional Use to allow a accessory residential structure in excess of

200% of gross floor area of the residence

PUBLIC HEARING #2MONTGOMERY & DUSTY

CARLISLEPreliminary Plat Approval

for Remington Estates Subdivision

Roll Call: Announce presence of quorum or adjourn until quorum obtained.

Acceptance: Motion to accept staff report into the record or amend as appropriate.

Approval: Motion to approve or correct minutes of the September 11, 2019 regular meeting.

Board Actions: Review of applications heard at September 17, 2019 County Commissioner meeting.

1. Don Kauppi – CUP – Hazardous Material Storage of Explosives - Approved2. Crowheart Energy – CUP – Water Service - Approved3. SCJ Alliance – CUP – Truck Stop –Approved as conditioned by PZ

Public Hearings: Motion required for each Public Hearing.Other Business: Code Enforcement Update

Adjourn: Motion to adjourn.

AGENDA

KEITH COLLINSCUP – RES ACCESSORY STRUCTURE > 200% OF

RESIDENCE

Property Owner:

Applicant:Legal Description:

Address:

Location:

Current Zoning:

Infrastructure:

Keith Collins

Keith Collins

Cedar Rest Subdivision Lot 1 Block 2 & the adjacent parcel, which is 2.71 acres located in the SE 1/4 of Section 14, Township 12 north, Range 111 West, 6th Principal Meridian23 Rocking Chair Lane

Lot and adjacent parcel in a residential subdivision located in McKinnon

R-2 (Mixed Residential) & RR (Rural Residential)

WellSeptic SystemSweetwater County Fire WardenManila Fire DepartmentRock Chair Lane (Private Road)

The applicant would like to construct an oversized structure on the subject property to store farm equipment, supplies, and vehicles for personal use. The conditional use will cover the lot that the owner has in Cedar Rest Subdivision, and the adjacent parcel that is outside the subdivision consisting of 2.71 acres. The structure will meet all of the setback requirements of the zoning resolution and will also be used to abate any existing nuisance issues on the property.

On October 1, 2019, the Sweetwater County Land Use Office received a nuisance complaint concerning issues of: inoperative vehicles; dilapidated structures; excessive weed growth/debris; and accumulation of debris on the subject property. Staff inspected the property and discussed the issues with the land owner, which Mr. Collins agreed to abate and proposed to construct a structure to store the nuisance issues of concern.

The size of the proposed accessory residential structure needs to exceed the square footage of the residence in order to accommodate the size of farm equipment and vehicles on site.

APPLICATION SUMMARY

ZONING & LOCATION MAP

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Site Plan

SITE PHOTOS

REVIEW CRITERIA FOR CUP

The Sweetwater County Comprehensive plan states, “encourage growth and development to continue in an orderly manner and in locations that contribute to the economic and social well-being of County residents”. The proposed structure will assist in the abatement of existing nuisances on the property, which should have a positive effect on the neighborhood.

1. Consistent with the Comprehensive Plan.

The proposed location, height, and size of the structure should not impede any views from adjacent property owners, so staff does not foresee any adverse effects on adjacent properties. In addition, the structure will abate nuisances on the property, which will improve the surrounding area.

3. The request is compatible with the existing or allowable uses of adjacent properties.The owner is proposing to use this for residential purposes only, which meets the requirements of the 2015 Zoning Resolution, which should be compatible with adjacent residential properties.

REVIEW CRITERIA FOR CUP

The parcel is accessed from a private road named “Rocking Chair Lane”. The landowner has a stock pond on the parcel, which could be utilized for fire suppression purposes.

5. The request can demonstrate adequate provision for maintenance of the use and associated structures.

4. Has adequate public facilities.

The 2.71 acre parcel size will provide adequate distances for the setbacks associated with the RR (Rural Residential Zone District).

6. Minimum adverse effects on the natural environment.Staff does not foresee any adverse effects on the natural environment association with the proposed use.

REVIEW CRITERIA FOR CUP

The structure addition on the property, if utilized as proposed, will not created any undue traffic congestion. The land owner will use it for residential accessory uses only.

7. Will not create undue traffic congestion.

8. The request will not adversely affect the public health, safety or welfare.

If the structure is approved, the structure will be inspected to assure compliance with the 2018 International Fire Code.

9. The request conforms to all applicable provisions of this Resolution.The structure will meet all zoning district height and setback regulations.

COMMENTS

SWC Emergency Management: “Sweetwater County Emergency Management has not issues with this permit”.

Colorado Interstate Gas: “Colorado Interstate Gas Company has no facilities in the area. Thus, we have no concerns. Thanks.”Dirk Barnes & Annie Barrow: “To Whom it concerns: We hope this development won’t block our view, but we don’t have any other reasons to protest construction. We believe mostly that people should be able to do what they want with (on) their own land. Live & Let Live. Thank you for the notification & information, its appreciated.”

Rebecca Richie, Irrevocable Copper Spruce Real Estate Trust: “The addition will be an improvement to the area”

Kevin Blackburn: “Different approach same goal as before. Skirt the existing zoning laws. Impose your will on all other property owners without regard for our right to peaceful enjoyment of our property. A huge building is an excuse for more grinding, welding and more junk fam equipment. Diesel powered welder/air compressor. Diesel/gas water pump. When does it end!! What’s next a giant circus tent?”

COMMENTS

Lance Valentine: “If the proposed Residential Accessory Structure is utilized as intended by the Conditional Use Permit, then I have no objections. However, we have , and most of the neighbors also have, valid reasons to believe that it will not be used as intended by this Permit. Since the time the County met with Applicant and he pulled his Zone Change request, the Applicant has brought in 2 additional large pieces of salvaged farm equipment and has further congested these lots with scrap metal and salvaged farm equipment.

“Per the letter sent to Interested Parties on 10/3/19 re: the status of these Lots, the intent for this Accessory Structure would be: the applicant “has agreed to move forward with nuisance abatement process… the future construction of a building to house equipment and vehicles for personal residential use only… will only allow residential accessory uses and not commercial/industrial.”

None of the included in this Public Hearing Comment Form. This has to be part of the agreement between the County and the Applicant before approving a Conditional Use Permit.

It is my belief, and the shared belief of most of the neighbors in this subdivision, that the Residential Accessory Structure will just become nothing more than a welding and fabrication shop, and that the quantity of salvaged and other commercial/industrial equipment will continue to pile up in the yard. There is no place in a Rural Residential neighborhood for any of this kind of salvage equipment when there is a requirement

COMMENTS

Lance Valentine continued: “that the structure remain “to house equipment and vehicles for personal residential use only”.

Continuous enforcement will remain critical to the success of any Conditional Use Permit approval. Applicant needs to know and acknowledge that Residential Accessory Building is for “personal residential use only”. And that the continued accumulation of salvage farm equipment and commercial/industrial equipment, either on the Lots or in the Accessory Structure, remains in violation of both existing nuisance laws AND in violation of any approval for this Conditional Use Permit.

STAFF RECOMMENDATIONS

In response to neighborhood concerns staff recommends approval of the request with the following conditions:

1. The use of the building is for residential purposes only and the conditional use is personal to the applicant.

2. The building and site will be inspected for compliance six months after conditional use approval and every six months thereafter for a 18 month inspection compliance period.

3. Applicant is responsible for maintaining compliance with all applicable regulations within the 2015 Zoning Resolution.

REMINGTON ESTATESPRELMINARY PLAT APPROVAL

Property Owner:

Applicant:

Legal Description:

Address:

Location:

Current Zoning:

Infrastructure:

Montgomery & Dusty Carlisle

Montgomery & Dusty Carlisle

Lot 1 of the Mountain High Estates

2 High Legacy Lane, WyomingResidential Subdivision off Spangler road approximately 1.5 from the City of Rock Springs City Limits.R2-SF (Single Family Residential)

Septic SystemTen Mile Water and SewerFire District #1Rocky Mountain PowerDominion Energy Natural GasHigh Legacy LaneYellowstone Road

Montgomery and Dusty Carlisle are proposing a re-subdivision of a lot within an existing four large lot residential subdivision known as Mountain High Estates. The current zoning of the property is R2-SF (Single Family Residential). The minimum lots size will be 2.0 acres, and the maximum lot size will be 2.26 acres. Public water will be provided by Ten Mile. There is no public sewer being proposed for the four lots, since public sewer is not provided by Ten Mile. Each lot owner will need to construct a private septic system during the development process.

The main access road to the site is via Spangler Road and High Legacy Lane and will also include the construction of a new road and cul-de-sac. The subdivision has been reviewed to all of the Sweetwater County development standards and meets all of the requirements.

Since the lot is located within the Growth Management Plan, lot sizes are required to meet a minimum of two acres and all of the proposed roads are required to be public, which is how the preliminary plat is being proposed.

APPLICATION SUMMARY

SITE PHOTOS

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Posting

EXISTING MOUNTAIN ESTATES SUBDIVISION

REMINGTON ESTATES PRELIMINARY PLAT

COMMENTS & RECOMMENDATIONS

1. The overall drainage pattern of Remington Estates will need to conform to the overall drainage patterns designed and established for the Mountain High Estates subdivision.

2. No direct access from any lots within Remington Estates will be granted onto Spangler Road CR#99.

3. All water and other utility appurtenances (meters, valves, fire hydrants, power boxes, etc.) will need to be located outside of the roadside drainage ditches.

4. All lot and boundary coners that fall within Remington Estates that reference Mountain Estates will need to be re-mounted.

5. The street name will need to be approved by the Sheriff’s department and E911 prior to the final plat.

Public Works Director:

Land Use Director: 1. The two separate utility and drainage easement between lots 3 & 4 need to be combined in to a 300 foot utility and drainage easement.

2. Need to include mail delivery method.3. Need to state on Final Plat whether or not there are flood prone areas.4. Need to include statement that access will not be allowed off Spangler Road.

CIG: CIG has no facilities in the area, thus no concerns.SWC Emergency Mgt.:

Sweetwater County Emergency Management has no concerns with approving this Preliminary Plat.

RECOMMENDATIONS

Staff supports the request and ask for your favorable vote with the following conditions:

1. The overall drainage pattern of Remington Estates will need to conform to the overall drainage patterns designed and established for the Mountain High Estates subdivision.

2. No direct access from any lots within Remington Estates swill be granted onto Spangler Road CR#99.

3. All water and other utility appurtenances (meters, valves, fire hydrants, power boxes, etc.) will need to be located outside of the roadside drainage ditches.

4. All lot and boundary corners that fall within Remington Estates that reference Mountain Estates will need to be re-mounted.

5. The street name will need to be approved by the Sheriff’s department and E911 prior to the final plat.

Staff :