One land use change request approved, another is continued

At the April 20 Land Use Planning Commission meeting held at the Annex building, Hot Springs County Planner Bo Bowman presented two applicants for their requests for land-use changes for their properties.

 The first on the agenda was SonRise Operations LLC represented by Douglas Lindenmood, who requested a land-use change from agricultural to commercial for approximately 3.87 acres, to allow a meat processing facility. 

 There were three conditions for his approval. One is that the commercial use of the land would be limited to meat processing. Second, there would be regular solid waste removal. Third, the Wyoming DEQ would approve their septic system. 

 Vice-Chair Amanda Moeller opened the public hearing to take comments. Only one person spoke, a neighbor, who asked if that land-use change would affect his property taxes. Bowman replied that it would not. There were no further public comments after this question and thus Vice-Chair Moeller closed the public hearing. 

 Commissioner member Harvey Seidel motioned to approve and member Merrill Ready seconded it. During the discussion, Moeller asked the applicant Lindenmood about the removal of solid waste and how to mitigate the issues of smell. Lindenmood said the waste would be dealt with using composting with wood chips. There would be no smell and waste would be taken out every day. Lidenmood also said there would be no above-ground animal waste and the waste would be kept inside with a material or powder that would keep the smell down. 

The commission then voted and passed to recommend approval to the Hot Springs County Commissioners. The county commissioner’s next meeting will be on May 3.

The next applicant, Brian Hayek, on behalf of Red Rim Ranch LLC, has requested approval of the following: A preliminary plat to subdivide 385 +/- acres into 88 single-family residential lots. A Land Use Change from the agricultural land use category to the Residential land use category.

For the subdivision, the applicant proposes to divide the property into eighty-eight single-family residential lots, ranging in area from 2.0 ac. to 6.24 ac. This would yield a gross residential density of 4.375 acres per lot. Most of the proposed lots would be served by a private, internal road system surfaced in compacted gravel. Rather than platted rights-of-way, the applicant has elected to contain these roads in easements across the proposed lots. Several of the proposed lots would front directly onto Lane 12 or Rimrock.

The planning staff recommended no conditions of approval for the Land Use Change from agricultural to residential. Bowman presented a letter from a citizen, who had multiple questions about the applicant’s request. In order to summarize her letter and provide accurate information from Bowman, as the answers would be able to address potential public comments, Bowman provided the following data regarding Red Rim Ranch (RRR):

Regarding water lines. “RRR will have buried water lines in the subdivision roads to serve each lot. There will not be another tank. They will intercept the pipeline between you and the tank, run its own internal water lines, and then reconnect north. Bowman said, “I am no water engineer, but suspect this additional looping may improve water service and pressure in Sable Run.”

Regarding roads and dust. RRR will not build the residences; individual owners will. This will space out any surface disturbance. Standard dust control practices will be employed when they construct and maintain the road system. The roads will be compacted gravel, and will ultimately be maintained by the Homeowners’ Association.”

Regarding Building Restrictions. “The developer has indicated that the covenants for this subdivision will prohibit mobile homes and modular homes, limiting residential construction to stick-built homes with a minimum floor area (perhaps 1,200 square feet). The covenants are still being developed, but once the subdivision plat is recorded, the covenants will be recorded along with the plat.”

Regarding Wyoming Gas lines. “The gas service will extend to all lots.” Bowman said, “I can’t say if Wyoming Gas will extend them to Rimrock, but it would seem smart to do so.”

Regarding Septic/Sewer. “The applicant is exploring the feasibility of extending sewer service from Lane 14, to serve approximately 21 of the proposed lots. The remainder would be served by individual septic systems. The applicant’s engineers have submitted percolation test data and soil data to WY DEQ, to confirm that nearby properties will not be impacted.”

Regarding electric lines. “Wyoming Power will serve the lots. All power lines will be buried.”

Regarding digital/internet/phone. “All services will be buried.” Bowman said, “I can’t tell you if it will be fiber optic or DSL, but I suspect the latter. This should improve internet access on nearby properties, I would think.”

 After Bowman presented the letter and additional information, the vice-chair opened the public hearing. The meeting room was packed with all chairs filled and many people were standing along the walls.

Multiple people spoke during the public hearing and gave many comments. The applicant Brian Hayek was present and answered questions and concerns.

The most common comment that was given during the public hearing was over concerns about the county roads. Many neighbors discussed whether the current existing roads would washboard or become eroded after heavy use. Several subjects said that even if the gravel roads were bladed to smooth them out, it would only be two to three days later they would be back to their original, rough condition. Another concern about roads was dust control. 

Bowman noted that Hayek would be responsible for the roads only on his property and that the homeowner’s association fees would help pay for that maintenance. However, for the surrounding county roads, Hayek is not responsible for their maintenance. In the discussion vice-chair, Moeller asked Bowman how many people that are living in an area are the trigger point for the county to decide to pave a gravel or dirt road. Bowman said there isn’t any specific metric that would be known as the triggering point.

Other comments were about water pressure or how long the development will take. Hayek said the houses on the property would not be spec homes, rather would all be custom-built structures with a medium price of approximately $250,000 to $300,000. 

The discussion from the public lasted for around an hour and Moeller then closed the public hearing. One commission member motioned to table the application because there were too many factors being brought up and there should be some conditions for the motion to table. However, the vote was split, two for tabling and two against. Chair Adam Estenson was not present at the meeting to provide a tie-breaking vote.

After more discussion, there was a motion to continue the meeting and the applicant’s request and the matter would be discussed further at the next LUPC meeting. That vote was successful to continue the matter.

 Moeller and the commission members plan to invite Hot Springs County Road and Bridge foreman Shane Rankin and a representative of the South Thermopolis Water District to answer follow-up questions about the roads and water pressure matters related to the Red Rim Ranch Subdivision. 

Next up at the meeting, in the planner’s report, Bowman said regarding the status of the Steven’s land-use change proposal they are waiting for a court date. The Steven’s have filed an injunction which allows them to continue operating their business and to advertise.

Regarding the Porath proposal, Bowman reported that they have installed electricity on the property and Bowman said he is “waiting for them to do something.”

Regarding the Dufour proposal, Bowman reported that the county commissioner’s approved their land-use change because Dufour was successful in getting an engineer and the DEQ approved their septic system. There will not be tent sites and there will be no RV septic hookups in use. 

Regarding the Land Use Plan amendments, Bowman said the document “looks good.” There will be 30 days for the public to review the updated plan and then a public hearing will be next.

The next Land Use Planning Commission hearing will be on Thursday, May 5 at 6 p.m at the Annex building.  The Red Rim Ranch Subdivision review will continue at that meeting.