RV park hits the brakes

It appears that Saratoga will not be getting a new recreational vehicle (RV) park in the near future. At least, if one is built, it will likely not be by JaJaCa Properties owners James (Jimmy) and Jamie Campbell.

During a public hearing for a special use permit at the March 9 meeting of the Saratoga Planning Commission, the would-be developers announced they would not be applying for an RV park permit and requested to pull their special use permit application.

The latest development in the saga of the RV park comes following a lengthy discussion at the March 2 meeting of the Saratoga Town Council in which the Campbells and their neighbors, John and Cathy MacPherson, debated water rights in the council chambers (see “Water you talking about” on page 3 of the March 10 Saratoga Sun). 

It was during that meeting of the governing body that Mayor Creed James informed both parties that the council would not get involved in a water rights dispute. James instructed both parties to attempt to come to an agreement before an issuance of an RV park permit. 

As the public hearing opened, James prefaced any public comments by providing a detailed account of the events leading up to the March 9 public hearing. The account, which had been compiled by legal counsel Jane France of Sundahl Kapp Powers & Martin, began on September 16, 2020 with the initial application for a special use permit by JaJaCa Properties.

It was noted that, while the application had been filed on that date, a corresponding site plan had not been submitted until February 9, 2021.

While section 18.69.010 of the Saratoga Municipal Code, which details special use requirements, doesn’t specifically state that a site plan is needed for a special use permit, it does refer to section 18.09.070. Under that section, specifically subsection A, it is stated that all permitted uses and specially permitted uses require site plan approval.

James referenced section 18.33.070, which deals with the Highway Business district. Under subsection B, it states “Site plan approval is required for all special permit uses.”

“A special use permit has not been issued by the planning and zoning commission. At the February 9, 2021 commission meeting, as reflected in the minutes, Commissioner Lindy Glode moved to issue the special use permit contingent upon the town attorney confirming that the commission has the authority to issue special use permits and contingent upon the approval of the site plan by the Saratoga Police Department, (Saratoga Volunteer) Fire Department and the State Engineer by March 9,” said James. “The motion was seconded and passed unanimously.”

James added that while the legal counsel confirmed that the Saratoga Planning Commission has the authority to issue special use permits per municipal code, a public hearing must be held by the planning commission and the commission must take into account the determinations outlined in subsection C of 18.69.010. Those determinations include the following:

The proposed use shall serve an obvious public need.

The proposed use will not be detrimental to the surrounding area or to established uses.

That adequate and safe access and circulation shall be provided.

That any resulting commercial and truck traffic shall not use a residential street nor create a hazard to a developed residential area.

That the applicant has taken adequate steps to minimize and control potential environmental problems which may be resulting from the proposed use.

As the mayor neared the end of his statement, he revealed that, in discussion with the Campbells, he was led to believe that they were considering withdrawing their permit applications. He added that, should they decide to resubmit those applications at a later date, all materials required to be submitted for both applications must be submitted in one package.

“One complete package for the special use permit and one complete package for the RV park permit,” said James. “In order for the commission to fully evaluate the applications, the commission needs to review all information required by the applicable ordinances.”

When James was finished, Jamie Campbell took the floor and informed the planning commission that, following the March 2 town council meeting, they had sent a mediator to speak with the MacPhersons.

“Someone with more water and ditch knowledge than the whole room of us combined,” said Jamie Campbell.

She further informed the council that, while they had been informed by a water rights attorney they had a right to 68 gallons per minute, the MacPhersons would only allow the use of 15 gallons per minute. Jamie Campbell added that a revised contract included grandchildren of both parties.

Later in the meeting, Cathy MacPherson, who was also in attendance, informed the planning commission that the inclusion of the grandchildren of both parties was due to a legal principle called the Rule against Perpetuities

“In Wyoming, an agreement is only good for a life in being plus 21 years,” said MacPherson. “We’re getting old and so we put our grandkids in and they’re grandkids in so that the agreement would be out there for a long period of time to protect both them and future owners. At least for our life in being plus 21 years.”

The Wyoming State Statute regarding the Rule against Perpetuities can be found under 34.1.139.

“We were advised against signing,” Jamie Campbell said. “Due to the recent events, we would like to withdraw requests for both the special use permit and the RV permit, which renders the public hearing dead. We also would ask you to return the $25 we paid you on September 16, 2020 for the special use permit you didn’t issue.”

According to Jamie Campbell, she and Jimmy Campbell had been informed by the Carbon County Visitors Council that the RV park had the potential to generate nearly $1 million for the Town of Saratoga.

“Think of what that would have meant to the businesses who are struggling through COVID,” said Jamie Campbell. “We pray that you can find someone to provide Saratoga with this much needed service.”

Following the public hearing and the departure of the Campbells, the Saratoga Planning Commission unanimously voted to refund the Campbells the $25 for the special use permit application.

The next meeting of the Saratoga Planning Commission will be at 5:30 p.m. on April 13 at Saratoga Town Hall.