Whitney Ranch, 1 st Filing Annexation UDC P a g e 1

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1 STAFF REPORT - SUMMATION Whitney Ranch, 1 st Filing Annexation CASE NUMBER: UDC SUBDIVISION CODE: HIH 01 PREPARED BY: Eric Hammer PROPOSED CODE: WTRH 01 MEETING DATES: January 2, 2018 Planning Commission Public Meeting January 8, 2018 City Council 1 st Reading January 17, 2018 Public Services Committee 1 st Reading January 22, 2018 City Council 2 nd Reading February 6, 2018 Public Services Committee 2 nd Reading February 12, 2018 City Council 3 rd Reading REQUIRED DOCUMENTS SUBMISSION: The following required documents have been submitted and reviewed by staff. Master Application; Petition Signed by Property Owners; Annexation Map - Submitted 11/22/2017 as the original project submission. BOPU Clearance Submitted 11/27/2017 to complete submittal. STAFF RECOMMENDATION: Staff recommends approval by the Governing Body with the following three (3) conditions: 1. Show existing platted lot lines and rights-of-way of Hill Heights Addition, per comments by Planning and Development Staff. 2. Correct the annexation map to the specifications of the City Surveyor. 3. Correct the legal descriptions per comments by the Assistant City Attorney. UDC P a g e 1

2 STAFF REPORT Whitney Ranch, 1 st Filing Annexation CASE NUMBER: UDC SUBDIVISION CODE: HIH 01 PREPARED BY: Eric Hammer PROPOSED CODE: WTRH 01 AGENT: PROJECT: Gysel Whitney LLC P.O. Box 72 Albin, WY Brad Emmons AVI Engineering 1103 Old Town Ln #101 Cheyenne, WY WORK DESCRIPTION: Petition to annex acres of land into the City for residential development with a 1.2- acre commercial lot adjacent to Dell Range. LOCATION: 1. Legal Description: All of Tracts 31 and 32 and that portion of James Drive intervening; and a portion of Tract 39, Hill Heights Addition; and adjacent portions of Gysel Place and Van Buren Ave; situated in Section 23, Township 14 North, Range 66 West, of the 6th P.M., County of Laramie, State of Wyoming. 2. Location: Located east of and adjacent to Van Buren Avenue, north of Dell Range Boulevard. 3. Address: 5306 Dell Range Boulevard. SIZE: acres. CURRENT ZONING: County AR PROPOSED ZONING: City MR, City MUB EXISTING LAND USE: Vacant, one single family home. PROPOSED LAND USE: Residential, single commercial lot, stormwater detention. SURROUNDING LAND USES: SURROUNDING LAND USE(S) ZONING ANNEXATION STATUS North Vacant Land A-2 County South Residential, Storage AR, MR, MUE County/City East Vacant Land A-2 County West Residential MR, AR City/County UDC P a g e 2

3 EXECUTIVE SUMMARY: The applicants have proposed annexing the subject property, a portion of the Hills Heights Addition subdivision and some rights of way, for mostly residential development. A small portion of the subject property, fronting Dell Range Boulevard, would be commercial in nature. This application is a part of the first phase of a proposed residential development. The developer intends for a privately-held trail system to be included in this development and connect to other phases of a larger project. This application is consistent with PlanCheyenne and is supported by the intent of the subject land s Future Land Use Map designation and several of PlanCheyenne s general policies. This annexation meets the review criteria found in State statute as well. The applicants have also submitted a zoning map amendment application and a final plat application for this same land to give the land a City zoning district and subdivide the property. Due to meeting the review criteria found in Wyoming State , staff recommends conditional approval of this annexation with three (3) recommended conditions: 1. Show existing platted lot lines and rights-of-way of Hill Heights Addition, per comments by Planning and Development Staff. 2. Correct the annexation map to the specifications of the City Surveyor. 3. Correct the legal descriptions per comments by the Assistant City Attorney. UDC P a g e 3

4 LOCATION/VICINITY MAP: Project Location Map # 1 Project Location/ Vicinity Map Source: Cheyenne/Laramie County GIS Cooperative Program UDC P a g e 4

5 AERIAL OF SUBJECT PROPERTY: Map # 2 - Site aerial highlighting the subject property located east of and adjacent to Van Buren Avenue, north of Dell Range Boulevard. Source: Cheyenne/Laramie County GIS Cooperative Program UDC P a g e 5

6 VIEW OF SUBJECT PROPERTY: Photograph # 1 Image of the subject property from the current terminus of the Gysel Place ROW facing northeast. Source: Planning and Development Department Image Photograph # 2 Image of the subject property from the current terminus of the Van Buren Ave ROW facing due east. Source: Planning and Development Department Image UDC P a g e 6

7 PLANCHEYENNE - The application is in accordance with the development policies and physical patterns identified in the Comprehensive Plan. This annexation is consistent with PlanCheyenne. The subject property is within the Urban Service Boundary (USB) and, per Policy 1.2.B, is encouraged to develop with an urban character. Policy 1.2.A explains that the USB is meant to guide urban growth and distinguish between urban and rural places. Based on the approved preliminary plat for this property, the applicants intend the property to be developed with 24 Attached Dwellings (also called townhouses) and 87 Detached Dwellings (also called single-family homes). The southern tip of the subject property is proposed to be a small commercial development. On the future land use map found in PlanCheyenne, the subject land has been designated as Urban Residential. The Urban Residential land use designation includes residential uses as a primary use and includes a wide variety of supporting and complementary uses as secondary uses. Map #4 Future Land Use Map Source: Cheyenne/Laramie County GIS Cooperative Program The applicant is proposing to develop this property with a variety of residential uses, which is congruent with PlanCheyenne. The applicant would also provide drainage facilities, recreational areas, and a small commercial property as secondary uses, which is also congruent with PlanCheyenne. UDC P a g e 7

8 ANNEXATION ELIGIBILITY DATA/ANALYSIS: Before any territory is eligible for annexation, the governing body must find that the following criteria are met (W.S (a)): COMMON WELFARE An annexation of the area is for the protection of the health, safety, and welfare of the persons residing in the area and in the city or town. This annexation would allow the property to access City water, sanitary sewer, and sanitation service. City police and fire services would be available immediately, which serves the public safety and welfare. As this annexation would allow the property to connect to water and sewer services (after extensions), it would enhance the environmental quality of the land. Therefore, the annexation of this property would increase the health, safety, and welfare of the residents of the Cheyenne area. PART OF THE CITY The urban development of the area sought to be annexed would be constituted a natural, geographic, economic, and social part of the annexing city or town. This property would constitute a natural, geographic, economic, and social part of the City. The contiguity along the southern and western boundaries of the property make the parcel a natural geographic part of the City. The people who will live on this land are a part of the social and economic fabric that is Cheyenne. LOGICAL EXPANSION The area sought to be annexed is a logical and feasible addition to the annexing city or town and the extension of basic and other services customarily available to residents of the city or town shall, within reason, be available to the area proposed to be annexed. The area is a logical and feasible addition to the City due to the reasons previously listed. All City services normally available to property owners would also be available to this location. CONTIGUOUS The area sought to be annexed is contiguous with or adjacent to the annexing city or town, or the area meets the requirements of W.S The parcel proposed for annexation is approximately 14.2% contiguous to City limits. UTILITIES If the city or town does not own or operate its own electric utility, its governing body is prepared to issue franchises as necessary to service the annexed area pursuant to W.S Electric utility franchises are in place to serve the parcels. CERTIFIED MAILING The annexing city or town, not less than twenty (20) business days prior to the public hearing required by W.S (a), has sent by certified mail to all landowners and affected public utilities within the territory a summary of the proposed annexation report as required under subsection (c) of this section and notice of the time, date, and location of the public hearing required by W.S (a). A certified mailing was required to be made to property owners and agencies by 12/6/2017. Staff sent this certified mailing on 12/4/2017. UDC P a g e 8

9 ANNEXATION REPORT DATA: In compliance with Wyoming State Statute (c) the following information is herein provided: (i) (ii) (iii) (iv) (v) (vi) A map is not required for this report based on the absence of exercising the authority granted under W.S (b) (ii). The total estimated cost of infrastructure improvements required of the landowners by the City related to the annexation of this vacant land is approximately $0.00. Additional on- and off-site improvements may be required with subsequent development actions. Services customarily available to City residents include water, sewer, sanitation, police and fire protection. Police and Fire services will be provided immediately upon the recording of the annexation. Water and sewer services are provided upon application and payment to the Board of Public Utilities, with sanitation services occurring concurrently. Provision of these services is initiated by the property owner. Development will require extension of water and sewer services, which are available to the subject property. Fees for water, sewer, and sanitation services are a variable amount for residential and commercial units, based upon volume and meter size. Service costs will not be charged until development occurs. The current property tax mill levy imposed is and projected property tax mill levy imposed by the city is The infrastructure described in (ii) above includes improvements required within the existing boundaries of the municipality to accommodate the proposed annexation. Map #5 Current City Boundaries Note: Subject land is denoted with a red outline. Source: Cheyenne/Laramie County GIS Cooperative Program UDC P a g e 9

10 REVIEW Board of Public Utilities: Linda Gunter As per sections , and of Chapter 1.16 of the Cheyenne City Code, it is the responsibility of the property Owner/Developer to extend the water and sanitary sewer utilities to and through the boundaries of the property to be served. The property Owner/Developer shall be required to extend the water and sanitary sewer utilities to the farthest point (or points) of the property being developed. These utility extensions shall be to a point (or points) that are logical for projected future connections by future development projects, as determined by the BOPU and the property Owner/Developer. All related work and activities of utility extension design must comply with the BOPU s Policies and Design Criteria. All work and activities associated with the construction of or modifications of the City s water and sanitary sewer systems shall follow the City of Cheyenne and Board of Public Utilities Construction Standards and Specifications. STAFF: FYI Development: Eric Hammer Currently platted lots and blocks from Hill Heights Addition should be shown, not those of the proposed final plat. Although the projects are related, the annexation will need to be recorded before the final plat can be signed and recorded. As such, James Drive is shown as a 60 ROW although it is currently platted 80. The legend references Whitney Ranch, 1st Filing, a plat that has not yet been approved. STAFF: CONDITION Engineering Department: Jack Studley 1. Boundary data appear in order. 2. The LEGAL DESCRIPTION for Parcel 1, and the Title Block both are required to properly recite that this annexation includes ALSO BEING LOTS 31 AND 32, AND A PORTION OF LOT 39, HILL HEIGHTS ADDITION. 3. The Annexation Map requires City Control Station survey ties to one boundary course. 4. Are the boundary bearings and distances provided GROUND DATUM or STATE LANE? 5. What is the combined scale factor for State Plane coordinates. STAFF: SOME CONDITIONS Environmental Health Department: Roy Kroeger Laramie County Small Wastewater System Regulations: 201 Area Facilities Management Plan. This property is within the 201 Area Facility Management Plan. Annexation makes sense to provide public water and sewer to the development. STAFF: FYI Fire Department: Jim Schamerhorn Provide a design for fire access compliant with International Fire Code, Appendix D. STAFF: CONDITION FOR FINAL PLAT Reviewers with No Comments Engineering Department: Jim Voeller Engineering Department: Mark Escobedo GIS/Engineering/Addressing: Gary Stogsdill Laramie County Assessor: Clarice Blanton Laramie County Attorney: Mark Voss Laramie Cty Conservation Dist.: Jim Cochran Laramie Cty Planning & Devel.: Nancy Trimble Mapping: Joe Fisher Metro Planning Office (MPO): Nancy Olson Parks and Recreation Admin: Teresa Moore UDC P a g e 10

11 Police Department: Brian Kozak Public Works: Nathan Beauheim Urban Planning: Logan Ward WyDOT: Randy Griesbach Reviewers Not Responding CenturyLink (formerly Qwest): Bob Bates CenturyLink (formerly Qwest): Kimberly Hessell Charter (formerly Optimum): Bryan VanKirk Development: Susana Montana High West Energy: Lloyd Sisson Laramie County Clerk: Laura Busey Laramie County Public Works: Rob Geringer Laramie County Sheriff: Danny Glick LCFD #2: Jason Caughey Other comments: Assistant City Attorney: Alessandra McCoy Instead of describing the portions of the road as previously dedicated, describe them as existing, e.g. A PORTION OF EXISTING GYSEL PLACE WITHIN HILL HEIGHTS SUBDIVISION AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: STAFF: CONDITION FOR FINAL PLAT Encl: Cc: Annexation Map Agent, Owner, File UDC P a g e 11

12 SUBJECT PROPERTY VAN BUREN AVE Applicants: Gysel Whitney LLC UDC Annexation Zone Districts A-2 (County) MR DELL RANGE BLVD EL CAMINO DR OPAL DR CONNIE DR PIERCE AVE RUBY DR Whitney Ranch, 1st Filing Annexation AR (County) SUBJECT PROPERTY Agent: Brad Emmons, AVI PC Scale applies to above map only ± MR 540 Feet 1,080 Future Land Use Urban Transition Residential Urban Residential SUBJECT PROPERTY Urban Residential MUB LR MUE 0 This map is made possible through the Cheyenne and Laramie County Cooperative GIS (CLCCGIS) Program and is for display purposes only. The CLCCGIS invokes its sovereign and governmental immunity in allowing access to or use of this data. Public and Mixed-use Quasi-public Residential

13 N89 47'53"W 80.00' (M) PARCEL 2 P.O.B. GYSEL WHITNEY LLC PO BOX 72 ALBIN, WY UNPLATTED S89 47'53"E ' (M) PARCEL 2 ANNEX 0.60 AC. GYSEL WHITNEY LLC PO BOX 72 ALBIN, WY UNPLATTED JOHN HRUBY 4911 CONNIE DR S00 05'24"W ' (M) N00 05'24"E ' (M) S89 44'19"E S89 44'19"E CARMEL DRIVE (60' ROW) S89 44'19"E S89 44'19"E S89 44'19"E ' 80' 160' SCALE 1" = 80' LEGEND SHU PING CHEN, ET VIR 4800 VAN BUREN AVE. PAUL J BROWN, ET UX 5224 OPAL DR VICKI L SWANSON REV TR 4810 VAN BUREN AVE JOHN F BUCHANAN ET UX 4808 VAN BUREN AVE. MARTY W NELSON 4804 VAN BUREN AVE. THOMAS D KIRK 4722 VAN BUREN AVE. RANDAL R FILBIN 4720 VAN BUREN AVE. S89 56'48"E 80.00' (M) VAN BUREN AVE. (80' ROW) N00 05'24"E ' (M) N00 05'24"E ' (M) S89 44'19"E S89 44'19"E S89 44'19"E S89 44'19"E N00 15'41"E ALLEY (26' ROW) N00 15'41"E STORM COURT (60' ROW) N00 15'41"E N00 15'41"E N00 15'41"E GYSEL PLACE (60' ROW) N00 15'41"E OPAL DRIVE (60' ROW) N89 47'35"W 60.00' (M) JAMES B READ, ET AL 4715 GYSEL PL. S89 44'19"E S89 44'19"E S89 44'19"E ALVIN REUER, ET UX 5420 DELL RANGE BLVD. WESLEY J GASNER 4716 JAMES DR. N00 15'41"E JAMES DRIVE (60' ROW) N00 15'41"E N89 47'35"W ' (M) MARGIE L RICHMOND PO BOX 2773 CHEYENNE, WY S89 44'19"E JOHN L HAYES, ET UX 5700 DELL RANGE BLVD. DONALD E KENTNER 5710 DELL RANGE BLVD. S00 26'28"W ' (M) (M) EXISTING CITY OF CHEYENNE LIMITS PROPOSED ANNEXED CITY LIMITS ADDITIONAL PROPOSED ANNEX VAN BUREN & GYSEL R.O.W. RECORD DATA HILL HEIGHTS ADDITION MEASURED DATA, AVI SURVEY, JANUARY 2017 FOUND IRON PIPE FOUND IRON ROD FOUND ALUMINUM CAP SET 2" ALUMINUM CAP AVI PC PLS 5488 (WHITNEY RANCH 1ST FILING) WHITNEY RANCH LLC 6636 CEDAR AVE S STE 300 RICHFIELD, MN MARINA HARRIS 4716 VAN BUREN AVE TINA MARIE QUICK 4712 VAN BUREN AVE LAURIE JEAN DAVIS 900 STERLING DR STEPHEN BECKER, ET UX 4704 VAN BUREN AVE. MARKUM KING, ET UX 4700 VAN BUREN AVE. PAMELA MAKI OLD MAMALAHOA HWY APT A2 KAILUA KONA, HI BARBARA BOYD 4608 VAN BUREN AVE. NOT TO SCALE N89 08'50"W ' (M) BILLY R STONER, ET UX 4617 VAN BUREN AVE. UNIT 1 JACQUIN Y FLORES, ET UX 5204 DELL RANGE BLVD. N00 37'51"W ' (M) ALLEY (30' ROW) S89 44'20"E N89 16'58"W ' (M) JACQUIN AND RUTH FLORES 5302 DELL RANGE BLVD. N00 43'02"E ' (M) S89 44'19"E N89 16'58"W PARCEL 3 P.O.B. N89 16'58"W ' (M) DELL RANGE BLVD. S00 09'44"W ' (M) S00 09'44"W ' (M) N00 09'44"E ' (M) N00 09'44"E ' (M) PARCEL 3 ANNEX 0.66 AC. S89 50'16"E 60.00' (M) CHARLES C ROBERSON, ET UX 4705 GYSEL PL. TERRALYN A LOPEZ 4615 GYSEL PL. SFRE LLC PO BOX 1677 CHEYENNE, WY ZONED: MUB LEGAL DESCRIPTION PARCEL 1, WHITNEY RANCH 1ST FILING A PARCEL OF LAND BEING SITUATED IN A PORTION OF THE SOUTH HALF OF SECTION 23, TOWNSHIP 14 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CITY OF CHEYENNE CONTROL POINT "DELL RANGE." THENCE ALONG A LINE N88 03'15"W A DISTANCE OF FEET TO A SET ALUMINUM CAP ON THE SOUTH EAST CORNER OF THE SAID PARCEL "WHITNEY RANCH 1ST FILING" AND ALSO THE TRUE POINT OF BEGINNING; THENCE ALONG NORTH RIGHT OF WAY LINE OF DELL RANGE BLVD N89 16'58"W A DISTANCE OF FEET TO A SET ALUMINUM CAP; THENCE N00 43'02"E A DISTANCE OF ' TO A SET ALUMINUM CAP; THENCE N89 16'58"W A DISTANCE OF ' TO A SET ALUMINUM CAP; THENCE N00 37'51"W A DISTANCE OF ' TO A FOUND ALUMINUM CAP; THENCE N89 08'50"W A DISTANCE OF ' TO A FOUND ALUMINUM CAP'; THENCE N00 05'24"E A DISTANCE OF ' TO A FOUND IRON PIPE; THENCE S89 47'53"E A DISTANCE OF ' TO A SET ALUMINUM CAP; THENCE S00 26'28"W A DISTANCE OF ' TO A FOUND IRON PIPE; THENCE N89 47'35"W A DISTANCE OF 1,223.85' TO A FOUND IRON PIPE; THENCE S00 09'44"W A DISTANCE OF ' TO A SET ALUMINUM CAP AND THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS ACRES, MORE OR LESS. PARCEL 2, VAN BUREN AVE A PORTION OF VAN BUREN AVENUE PREVIOUSLY DEDICATED TO THE PUBLIC WITH "HILL HEIGHTS" AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF "WHITNEY RANCH 1ST FILING", BEING MONUMENTED BY A FOUND IRON PIPE AND ALSO THE POINT OF BEGINNING; THENCE N89 47'53"W A DISTANCE OF 80.00' TO A FOUND IRON PIPE; THENCE S00 05'24"W A DISTANCE OF ' TO A FOUND ALUMINUM CAP; THENCE S89 56'48"E A DISTANCE OF 80.00' TO A POINT, THIS POINT ALSO INTERSECTING THE WEST BOUNDARY OF "WHITNEY RANCH 1ST FILING"; THENCE ALONG SAID WEST BOUNDARY LINE N00 05'24"E A DISTANCE OF ' TO THE POINT OF BEGINNING. BENJAMIN D WARD, ET UX 5036 OGALLALA PL. SAID PARCEL 2 CONTAINS 0.60 AC± PARCEL 3, GYSEL PLACE A PORTION OF GYSEL PLACE PREVIOUSLY DEDICATED TO THE PUBLIC WITH "HILL HEIGHTS" SUBDIVISION AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH EAST CORNER OF "WHITNEY RANCH 1ST FILING" AND BEING MONUMENTED BY A SET ALUMINUM CAP; THENCE N00 09'44"E A DISTANCE OF ' ALONG SAID SUBDIVISION LINE TO A POINT, THIS POINT ALSO THE TRUE POINT OF BEGINNING; THENCE S89 50'16"E A DISTANCE OF 60.00' TO A FOUND ALUMINUM CAP; THENCE N00 09'44"E A DISTANCE OF ' TO A FOUND IRON PIPE, SAID PIPE ALSO INTERSECTING THE SOUTHERN BOUNDARY OF "WHITNEY RANCH 1ST FILING"; THENCE ALONG SAID SOUTHERN BOUNDARY LINE N89 47'35"W A DISTANCE OF 60.00' TO A FOUND ALUMINUM CAP, SAID CAP ALSO INTERSECTING THE EAST BOUNDARY OF "WHITNEY RANCH 1ST FILING"; THENCE ALONG SAID EAST BOUNDARY LINE S00 09'44"W A DISTANCE OF ' TO THE TRUE POINT OF BEGINNING. SAID PARCEL 3 CONTAINS 0.66 AC± JEFF T TREFREN 5708 DELL RANGE BLVD. CERTIFICATE OF SURVEYOR I, BRUCE H. PERRYMAN, A PROFESSIONAL ENGINEER AND LAND SURVEYOR LICENSED IN THE STATE OF WYOMING DO HEREBY CERTIFY THAT THIS ANNEXATION MAP WAS PREPARED FROM THE RECORDS AND FIELD NOTES OF A SURVEY CONDUCTED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT ALL DIMENSIONS AND OTHER DETAILS ARE CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. WHITNEY RANCH 1ST FILING ANNEXATION MAP PANORAMA LUTHERAN CHURCH MISSOURI SYNOD 5101 DELL RANGE BLVD. SULLIVAN ONTARIO ANNEXATION LOCATION CARMEL OPAL DELL RANGE VANBUREN AVE ELCAMINO LARRY W VEGGE 5025 DELL RANGE BLVD. ZONED: LR GREEN MEADOW LARRY W VEGGE 5025 DELL RANGE BLVD ZONED: LR DEL VAN STORAGE, LLC 255 STOREY BLVD ZONED: MUE ANNEXATION NOTES: TOTAL PERIMETER = 6,409.55' LENGTH OF CITY LIMIT ABUTTING = ' RATIO = 14.2% TOTAL AREA = ACRES± SARAH ELIZABETH PERKINS 4526 EL CAMINO DR CHEYENNE, WY JOSE H HERNANDEZ CARO, ET UX 4523 EL CAMINO DR APPROVALS APPROVED BY THE CHEYENNE PLANNING COMMISSION THIS DAY OF, DEVELOPMENT DIRECTOR APPROVED BY THE CITY COUNCIL OF THE CITY OF CHEYENNE, THIS DAY OF, MAYOR CITY CLERK ANNEXATION MAP FOR WHITNEY RANCH 1ST FILING ALL OF TRACTS 31 AND 32 AND THAT PORTION OF JAMES DRIVE INTERVENING; AND A PORTION OF TRACT 39, HILL HEIGHTS ADDITION; AND ADJACENT PORTIONS OF GYSEL PLACE AND VAN BUREN AVE; SITUATED IN SECTION 23, TOWNSHIP 14 NORTH, RANGE 66 WEST, OF THE 6TH P.M., COUNTY OF LARAMIE, STATE OF WYOMING PREPARED NOVEMBER OLD TOWN LANE, SUITE 101 AVI@AVIPC.COM 3961 Dec 10, 2017 TC BE/TC BP 1 1