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Commission approves Eberly RV stalls site plan with ownership condition after heated public hearing
Summary
After extensive public comment and commissioner debate over water, septic and covenants, the board approved the Eberly RV stalls site plan for four RV stalls (three full-service, one owner use) with a condition tying the site plan to current ownership; vote was 4-1.
The Laramie County Board of Commissioners approved Feb. 18 a site plan allowing three full-service RV stalls and one owner-use RV stall at 3552 County Road 212 (Track 40, Triple Crown Estates) and attached a condition that the approval is contingent on ownership remaining with the Everly family; a sale or deed change would require a new site-plan approval.
Justin Arnold, Laramie County Planning and Development, presented the staff report and said the project is a use by right in the applicable land-use district and that staff found the application met relevant site-plan and land-use criteria. "Based on evidence provided, staff finds that a, this application meets the criteria for section 22133 governing site plans and b, this application meets the criteria for section 42114 governing the land use zone district," Arnold said.
The application proposes three RV stalls with full hookups and a fourth RV stall with electrical and water for the owners' use. Agent Shane Hansen and property owners Terry and Patty Eberly spoke in support. Jennifer Escobedo of Laramie County Environmental Health said the septic system had been evaluated by an engineer and "is big enough to accommodate what they currently have out there for the home occupation and for the campers." Escobedo said the septic was sized and evaluated for current usage.
Several neighbors opposed the plan in public comment, raising concerns about protective covenants, water-supply permitting, septic capacity, emergency-addressing, business licensing and safety incidents. Speakers included Scott Montgomery, Joan Franklin and Alex Radich, who described safety and neighborhood-character concerns and argued the use functions as a commercial campground in a residential subdivision. Supportive neighbors also spoke; Mary Martin and Scott Wiley said they had observed no problems and urged approval.
During deliberations commissioners debated conflicting land-use code sections covering uses by right and limits on living in travel trailers. Commissioner Hollingshead said he would vote no given enforcement history under the travel-trailer rule; Commissioners Thompson, Heath and Chairman Malone discussed conditions to limit impacts. Commissioner Thompson successfully moved an amendment adding condition No. 2: the site plan is based on ownership by the Everlys and any future change of deed requires the property to return to the commission for a new site plan approval. The board adopted the amended motion by roll call vote (4-1).
Key factual points recorded in the staff record and public hearing: - The site plan lists three RV stalls with full service and one stall with water and electrical for owner use. - Jennifer Escobedo (Environmental Health) said an engineer evaluated the septic and found it sized for current usage and permitted as for a five-bedroom home. - The applicant's rental agreement limits occupancy to two people per rented RV. - Public comments cited potential violations of covenants and concerns about a domestic well being used for multiple households without a separate public-water permit.
Vote: Commissioner Heath — aye; Commissioner Hollingshead — no; Commissioner Thompson — aye; Commissioner Swanitzer — aye; Chairman Malone — aye (motion as amended approved 4-1).
Ending: The site plan was approved with the ownership-trigger condition; staff will monitor permits and the owners must comply with building, health and sales-tax requirements noted in the staff report.
