laramie county planning & development department · 2019. 12. 12. · section 2-1-101 (a-e) of...

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Page 1 of 3 LARAMIE COUNTY PLANNING & DEVELOPMENT DEPARTMENT Planning Building 3966 Archer Pkwy Cheyenne, WY 82009 www.laramiecountyplanning.com Phone (307) 633-4303 Fax (307) 633-4616 MEMORANDUM TO: Laramie County Planning Commission FROM: Bryan Nicholas, Associate Planner DATE: August 23, 2018 TITLE: Review and action of a Subdivision Permit and Plat for Stearns Subdivision, 2 nd Filing, a replat of Stearns Subdivision, Revised Tracts 2 & 3, and Tract 4, Laramie County, WY. EXECUTIVE SUMMARY Steil Surveying Services, on behalf of Jean and Kelly Bortz, has submitted an application for a Subdivision Permit and Plat for “Stearns Subdivision, 2 nd Filing”, located on Christensen Road, south of Four Mile Road. The application has been submitted for the purpose of re-aligning the three residential tracts with the established uses. BACKGROUND The subject properties are located on Christensen Road, south of Four Mile Road, with Revised Tract 2 addressed as 7604 Christensen Road. Proposed Tract 1 would increase in overall acreage, while proposed Tracts 2 & 3 would decrease in acreage. Tracts 2 & 3 are currently vacant with no utilities on site. Pertinent Regulations Section 2-1-101 (a-e) of the Laramie County Land Use Regulations governing the criteria for a subdivision permit. DISCUSSION This proposed subdivision lies within the Urban-Rural Interface (URI) land use designation of the Laramie County Comprehensive Plan. Properties in this area are looked upon to accommodate a mixture of land uses more extensively than other areas. Public Utilities, higher residential density and vehicular traffic, commercial activity, employment centers and industrial areas are preferred.

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Page 1: LARAMIE COUNTY PLANNING & DEVELOPMENT DEPARTMENT · 2019. 12. 12. · Section 2-1-101 (a-e) of the Laramie County Land Use Regulations governing the criteria for a subdivision permit

Page 1 of 3

LARAMIE COUNTY PLANNING & DEVELOPMENT DEPARTMENT

Planning Building

3966 Archer Pkwy Cheyenne, WY 82009

www.laramiecountyplanning.com

Phone (307) 633-4303 Fax (307) 633-4616

MEMORANDUM

TO: Laramie County Planning Commission FROM: Bryan Nicholas, Associate Planner DATE: August 23, 2018 TITLE: Review and action of a Subdivision Permit and Plat for Stearns Subdivision,

2nd Filing, a replat of Stearns Subdivision, Revised Tracts 2 & 3, and Tract 4, Laramie County, WY.

EXECUTIVE SUMMARY Steil Surveying Services, on behalf of Jean and Kelly Bortz, has submitted an application for a Subdivision Permit and Plat for “Stearns Subdivision, 2nd Filing”, located on Christensen Road, south of Four Mile Road. The application has been submitted for the purpose of re-aligning the three residential tracts with the established uses. BACKGROUND The subject properties are located on Christensen Road, south of Four Mile Road, with Revised Tract 2 addressed as 7604 Christensen Road. Proposed Tract 1 would increase in overall acreage, while proposed Tracts 2 & 3 would decrease in acreage. Tracts 2 & 3 are currently vacant with no utilities on site. Pertinent Regulations

Section 2-1-101 (a-e) of the Laramie County Land Use Regulations governing the criteria

for a subdivision permit. DISCUSSION This proposed subdivision lies within the Urban-Rural Interface (URI) land use designation of the Laramie County Comprehensive Plan. Properties in this area are looked upon to accommodate a mixture of land uses more extensively than other areas. Public Utilities, higher residential density and vehicular traffic, commercial activity, employment centers and industrial areas are preferred.

Page 2: LARAMIE COUNTY PLANNING & DEVELOPMENT DEPARTMENT · 2019. 12. 12. · Section 2-1-101 (a-e) of the Laramie County Land Use Regulations governing the criteria for a subdivision permit

Page 2 of 3

3966 Archer Pkwy Cheyenne, WY 82009

www.laramiecountyplanning.com

Phone (307) 633-4303 Fax (307) 633-4616

PlanCheyenne identifies the area as Rural Residential (RR). Areas in the Rural Residential category are intended to provide a transition from urbanized areas to more rural peripheral areas. A combination of rural and residential uses exist, and are not intended to support intensive future development. The current zone that regulates this proposed subdivision is Agricultural and Rural Residential (A-1). Per Section 4-2-101(c): “The minimum lot size for any use in this district is ten (10) acres. For single family uses, the density may be averaged within the subdivision/development, provided that no lot or tract shall be less than six acres gross”. Stearns Subdivision was originally platted on January 15, 1985 with Tract 2 being 10.16 acres, Tract 3 at 9.87 acres, and Tract 5 at 9.86 acres. An Affidavit to Change Lot Line was recorded on April 9, 1986 to “allow for a larger side yard clearance for the structure on Tract 2”, and Tract 2 was increased in acreage from 10.16 to 10.60, and Tract 3 was decreased from 9.87 to 9.43. The average acreage for this proposed subdivision is less than minimum average discussed in the density requirements of the Agricultural and Rural Residential Zone District, with the average being 9.95 acres. Public notice was published and neighbor notice letters were sent by certified mail. Staff received no comments from adjacent landowners. Most of the agency comments have been addressed with a response letter and revised plat submitted August 9, 2018, copies of which are attached. Staff finds that although the average tract density of the proposed subdivision does not meet the current regulations, the plat is re-aligning existing tracts platted prior to the current Laramie County Land Use Regulations, are larger than the 6-acre minimum, and meet Environmental Health septic standards. RECOMMENDATION and FINDINGS Based on evidence provided, staff recommends the Laramie County Planning Commission find that:

a. This application meets the criteria for a subdivision permit and plat pursuant to section 2-1-101 (a-e) of the Laramie County Land Use Regulations.

and that the Planning Commission recommend approval of the Subdivision Permit and Plat for Stearns Subdivision, 2nd Filing, to the Laramie County Board of Commissioners with the following condition:

1. Gray dashed lines showing the existing property lines shall be removed prior to plat recordation.

Page 3: LARAMIE COUNTY PLANNING & DEVELOPMENT DEPARTMENT · 2019. 12. 12. · Section 2-1-101 (a-e) of the Laramie County Land Use Regulations governing the criteria for a subdivision permit

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3966 Archer Pkwy Cheyenne, WY 82009

www.laramiecountyplanning.com

Phone (307) 633-4303 Fax (307) 633-4616

PROPOSED MOTION I move to recommend approval of the Subdivision Permit and Plat for Stearns Subdivision, 2nd Filing to the Laramie County Board of Commissioners with condition 1, and adopt the findings of fact a of the staff report. ATTACHMENTS Attachment 1: Location Map Attachment 2: Aerial Map Attachment 3: Comprehensive Plan Map Attachment 4: PlanCheyenne Map Attachment 5: Current Zoning Map Attachment 6: Agency Review Comments Attachment 7: Applicant Response Letter Attachment 8: Existing Conditions Map Attachment 9: Draft Resolution Attachment 10: Plat – Revised April 4, 2018

Page 4: LARAMIE COUNTY PLANNING & DEVELOPMENT DEPARTMENT · 2019. 12. 12. · Section 2-1-101 (a-e) of the Laramie County Land Use Regulations governing the criteria for a subdivision permit

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Cheyenne/Laramie County GIS Cooperative Program

Printed on July 23, 2018

This map is made possible through the Cheyenne and Laramie County Cooperative GIS Program (CLCCGIS). The data contained herein was collected for its use and is for display and planning purposes only. The CLCCGIS will not be held liable as to the validity, correctness, accuracy, completeness, and/or reliability of the data. The CLCCGIS furthermore assumes no liability associated with the use or misuse of this information.

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WyomingWyoming

Stearns Subdivision2nd Filing

Subdivision Permit & Plat

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Page 5: LARAMIE COUNTY PLANNING & DEVELOPMENT DEPARTMENT · 2019. 12. 12. · Section 2-1-101 (a-e) of the Laramie County Land Use Regulations governing the criteria for a subdivision permit

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Cheyenne/Laramie County GIS Cooperative Program

Printed on July 23, 2018

This map is made possible through the Cheyenne and Laramie County Cooperative GIS Program (CLCCGIS). The data contained herein was collected for its use and is for display and planning purposes only. The CLCCGIS will not be held liable as to the validity, correctness, accuracy, completeness, and/or reliability of the data. The CLCCGIS furthermore assumes no liability associated with the use or misuse of this information.

50 300150

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LaramieLaramieCounty,County,

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Stearns Subdivision2nd Filing

Subdivision Permit & Plat

PZ-18-00175Aerial Map

Legend! Addresses

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Collector

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Private

Assessment Boundary

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Page 6: LARAMIE COUNTY PLANNING & DEVELOPMENT DEPARTMENT · 2019. 12. 12. · Section 2-1-101 (a-e) of the Laramie County Land Use Regulations governing the criteria for a subdivision permit
Page 7: LARAMIE COUNTY PLANNING & DEVELOPMENT DEPARTMENT · 2019. 12. 12. · Section 2-1-101 (a-e) of the Laramie County Land Use Regulations governing the criteria for a subdivision permit
Page 8: LARAMIE COUNTY PLANNING & DEVELOPMENT DEPARTMENT · 2019. 12. 12. · Section 2-1-101 (a-e) of the Laramie County Land Use Regulations governing the criteria for a subdivision permit
Page 9: LARAMIE COUNTY PLANNING & DEVELOPMENT DEPARTMENT · 2019. 12. 12. · Section 2-1-101 (a-e) of the Laramie County Land Use Regulations governing the criteria for a subdivision permit

PZ-18-00175 STEARNS SUBDIVISION 2ND FILING SUBDIVISION PERMIT Cheyenne MPO: Nancy Olson COMMENTS ATTACHED 07/31/2018 Christensen Road will require 100’ right of way in the future based on the future Transportation Plan, PlanCheyenne. An additional 10’ of right of way along Christensen will be required County Engineer: Scott Larson COMMENTS ATTACHED 08/02/2018 Engineer Review 1. Tract 1 does not show the dual acreage like the other two Tracts do. 2. I concur with the request for a waiver of a detailed Drainage Study and Traffic Study as this development will not have a significant impact on either drainage or traffic. Surveyor Review 1. It appears the plat requirements of the Laramie County Land Use Regulations have been met. Environmental Health Department: Roy Kroeger COMMENTS ATTACHED 07/24/2018 Laramie County Small Wastewater System Regulations This replat appears to improve septic to property line setbacks on Tract 1. Tracts 2 and 3 will have to complete 10’ site holes and percolation tests when developed. Planners: Bryan Nicholas COMMENTS ATTACHED 08/02/2018 1. The label for Harvest Loop is cut off on the top right corner. 2. The difference in Net or Gross acreage needs to be added to Tract 1, or taken off Tracts 2 & 3. 3. Dedication of the west 40’ of Christensen needs to be clarified. 4. Legal on plat needs to say “Revised Tract 4”. 5. The existing grayed lines need to be removed from the plat. AGENCIES WITH NO COMMENTS: County Assessor County Real Estate Office County Public Works Department Sheriff’s Office Black Hills Energy Building Dept AGENCIES WITH NO RESPONSE: County Treasurer US Post Office Combined Communications Center Emergency Management Fire District No. 2 High West Energy

Page 10: LARAMIE COUNTY PLANNING & DEVELOPMENT DEPARTMENT · 2019. 12. 12. · Section 2-1-101 (a-e) of the Laramie County Land Use Regulations governing the criteria for a subdivision permit

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Bryan Nicholas

From: Casey Palma <[email protected]>

Sent: Thursday, August 09, 2018 3:38 PM

To: Bryan Nicholas

Cc: Brad Emmons; Nancy Trimble; Seth Frentheway; Jean Bortz; [email protected]

Subject: PZ-18-00175 STEARNS SUBDIVISION 2ND FILING REVISED MAPS

Attachments: Mimecast Attachment Protection Instructions; PZ-18-00175 STEARNS 2nd EXIST

REV080918.pdf; PZ-18-00175 STEARNS 2nd FINAL REV080918.pdf

Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files.

Please see attached revised maps for Stearns Subdivision, 2nd Filing - Agency comments are addressed as noted below: PZ-18-00175 STEARNS SUBDIVISION 2ND FILING SUBDIVISION PERMIT Cheyenne MPO: Nancy Olson COMMENTS ATTACHED 07/31/2018 Christensen Road will require 100’ right of way in the future based on the future Transportation Plan, PlanCheyenne. Due to the location of this plat; including the physical termination of Christensen at Child Rd ±1-mi north of plat, negligible vehicle trips in this rural area, and very low potential for near-term addtl. R/W need, additional dedication was deemed unnecessary. Golden Wheat Estates (1998), adjacent to the east, provided a 40-foot dedication and a 20-foot road reservation - thus a 100' R/W corridor is already preserved for potential future needs. County Engineer: Scott Larson COMMENTS ATTACHED 08/02/2018 Engineer Review 1. Tract 1 does not show the dual acreage like the other two Tracts do. T1 Gross acreage shown on revised plat. 1. The label for Harvest Loop is cut off on the top right corner. Corrected on revised plat. 2. The difference in Net or Gross acreage needs to be added to Tract 1, or taken off Tracts 2 & 3. T1 Gross acreage shown on revised plat. 3. Dedication of the west 40’ of Christensen needs to be clarified. 40' of R/W was dedicated with Stearns, 1st Filing. 4. Legal on plat needs to say “Revised Tract 4”. Tracts 2 & 3 were revised by "Affidavit to Change Lot Line" Recorded in Bk.1226, Pg.972. Tract 4, Stearns Subdivision was never revised by recorded instrument. 5. The existing grayed lines need to be removed from the plat. Lot lines being vacated are shown for reviewer/governing authority reference and shall be removed before recording It is acceptable to agent to Condition approval such that "existing grayed lines need to be removed from the plat prior to signatures being affixed" Please let me know if you have any questions or require additional information. Thank you, --Casey

Casey L. Palma, AICP | Director of Planning & Development STEIL SURVEYING SERVICES, LLC LAND | CONSTRUCTION | ALTA | SITE PLANNING

Page 11: LARAMIE COUNTY PLANNING & DEVELOPMENT DEPARTMENT · 2019. 12. 12. · Section 2-1-101 (a-e) of the Laramie County Land Use Regulations governing the criteria for a subdivision permit

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1102 West 19th Street | Cheyenne, Wyoming 82001 Office: 307.634.7273 | Mobile: 307.631.4776

Right-click here to download pictures. To help p ro tect your privacy, Outlook prevented automatic download of this picture from the Internet.Professio nal Land Surveyors & Development Specialists

From: Bryan Nicholas <[email protected]> Sent: 8/2/18 1:18 PM To: 'CPalma' <[email protected]> Cc: Brad Emmons <[email protected]>, Nancy Trimble <[email protected]>, Seth Frentheway <[email protected]> Subject: PZ-18-00175/PZ-18-11076: Agency Comment Reports undefinedundefined

Hi Casey,

The agency reviews for the Stearns Subdivision, 2nd Filing and Lone Tree Ridge Estates are complete. Please see the attached reports. If you have any questions please contact me at any time. Any revised plats need to be submitted prior to August 16th if you want them to be included in the Staff Report discussion. If you would like a second review before the 16th please submit as soon as possible in order to have adequate time for the agencies to comment if necessary.

Thank you sir,

Bryan Nicholas

Laramie County Planning & Development Office

3966 Archer Pkwy

Cheyenne, WY 82009

(307) 633-4521 | Direct Line

(307) 633-4303 | Main Line

(307) 633-4519 | Fax

[email protected]

Page 12: LARAMIE COUNTY PLANNING & DEVELOPMENT DEPARTMENT · 2019. 12. 12. · Section 2-1-101 (a-e) of the Laramie County Land Use Regulations governing the criteria for a subdivision permit

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Disclaimer

The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast Ltd, an innovator in Software as a Service (SaaS) for business. Providing a safer and more useful place for your human generated data. Specializing in; Security, archiving and compliance. To find out more Click Here.

Page 13: LARAMIE COUNTY PLANNING & DEVELOPMENT DEPARTMENT · 2019. 12. 12. · Section 2-1-101 (a-e) of the Laramie County Land Use Regulations governing the criteria for a subdivision permit
Page 14: LARAMIE COUNTY PLANNING & DEVELOPMENT DEPARTMENT · 2019. 12. 12. · Section 2-1-101 (a-e) of the Laramie County Land Use Regulations governing the criteria for a subdivision permit

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RESOLUTION NO. _______________________

A RESOLUTION TO APPROVE A SUBDIVISION PERMIT AND PLAT FOR STEARNS SUBDIVISION, 2ND FILING, A REPLAT OF STEARNS SUBDIVISION,

REVISED TRACTS 2 & 3, TRACT 4, LARAMIE COUNTY, WY.

WHEREAS, Wyoming State Statutes §18-5-201 to 18-5-208; §18-5-301 to 18-5-315 authorize Laramie County, in promoting the public health, safety, morals and general welfare of the county, to regulate the use of land through zoning in unincorporated Laramie County; and WHEREAS, the Laramie County Board of Commissioners adopted the Laramie County Land Use Regulations; and WHEREAS, the proposed subdivision and plat is in accordance with section 2-1-101 (a-e) of the Laramie County Land Use Regulations; and WHEREAS, this resolution is the subdivision permit for Stearns Subdivision, 2nd Filing. NOW THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF LARAMIE COUNTY, WYOMING, as follows: The Laramie County Board of Commissioners finds that:

a. This application is in conformance with section 2-1-101 (a-e) of the Laramie County Land Use Regulations.

and the Board approves the Subdivision Permit and Plat for Stearns Subdivision, 2nd Filing with the following condition:

1. Gray dashed lines showing the existing property lines shall be removed prior to plat recordation.

PRESENTED, READ AND ADOPTED THIS _________________ DAY OF ___________________, 2018. LARAMIE COUNTY BOARD OF COMMISSIONERS ____________________________________________ K.N. Buck Holmes, Chairman ATTEST: Debra K. Lee, Laramie County Clerk Reviewed and approved as to form: Mark T. Voss, Laramie County Attorney

Page 15: LARAMIE COUNTY PLANNING & DEVELOPMENT DEPARTMENT · 2019. 12. 12. · Section 2-1-101 (a-e) of the Laramie County Land Use Regulations governing the criteria for a subdivision permit