LARAMIE COUNTY PLANNING & DEVELOPMENT DEPARTMENT

Transcription

1 LARAMIE COUNTY PLANNING & DEPARTMENT Planning Building MEMORANDUM TO: FROM: Laramie County Planning Commission Nancy M. Trimble, Associate Planner DATE: December 14, 2017 TITLE: Review and action of a Subdivision Permit and Plat for Clear Creek Subdivision, 1 st Filing, located in portions of Sections 10, 11, 14, 15, and 16, T.13N., R.67W., of the 6 th P.M., Laramie County, WY. EXECUTIVE SUMMARY AVI, PC, on behalf of the City of Cheyenne, Clear Creek Land Company LLC and Swan Ranch LLC, has submitted a Subdivision Permit and Plat application for approval of Clear Creek Subdivision, 1st Filing, located west of Interstate 25, south of Otto Road. The application has been submitted for the purpose of platting multiple parcels into two lots. BACKGROUND The subject property contains approximately 380 acres, with the FEMA 100-year floodplain running through a significant portion of the area. The subdivision is occurring within a mile of the City and requires Governing Body review (W.S (b) and approval. This plat has been submitted to the City and is processing concurrently with the County. Pertinent Regulations Section (a-e) of the Laramie County Land Use Regulations governing the criteria for a subdivision permit and plat. Section of the Laramie County Land Use Regulations governing the A2 Agricultural zone district Archer Pkwy Cheyenne, WY Phone (307) Fax (307) Page 1 of 3

2 DISCUSSION The Laramie County Comprehensive Plan identifies the area as Urban Rural Interface (URI), which is intended to accommodate a mix of more intensive land uses than other areas. PlanCheyenne contemplates Industrial as the future land use in portions of the west area of the subdivision, and Agriculture/Rural in portions of the east and north area. The remainder of the subdivision is designated as Open Space and Parks, which covers the floodplain area located on the property. The property is zoned A2 with a minimum lot size requirement of 20 acres. This zone district allows for agriculture and associated operations, and uses including single-family residential, duplexes, bed & breakfasts, child care centers, primary/secondary schools, animals hospitals/clinics and stables/arenas/kennels, churches and other places of worship, and cemeteries. The subdivision proposes to combine seven (7) parcels owned by the City of Cheyenne, one (1) parcel owned by Clear Creek Land Company, and approximately 40 acres of a 1,920 acre parcel owned by Swan Ranch LLC into one lot to be known as Lot 1, Block 1. As indicated on the plat, the 40-acre parcel (labelled as Parcel E ) is to be gifted to the City of Cheyenne, resulting in the entirety of Lot 1, Block 1 being owned by the City of Cheyenne. Proposed Lot 2, Block 1, located in the northeasterly area of the subdivision, will consist of about two acres also derived from the 1,920 acre parcel, and shall be owned by Clear Creek Land Company. A development sign was posted, adjacent property owners were notified via certified mail, and a public hearing notice was published in the newspaper. No comments were received from the public. Staff received agency comments confirming the application is in process with the City, and required mapping and clerical revisions to the plat. Information has been requested regarding the intended use of Lot 2, Block 1, as the lot size does not meet the minimum requirements of the A2 zone district, and the plat does not indicate access provided for this lot. As of the date this staff report was writtten, no additional information or updates have been received by the Planning Office. The attached resolution shall serve as the Subdivision Permit upon approval by the Board. Staff finds the proposal to be in general conformance with the plans and policies of Laramie County. RECOMMENDATION and FINDINGS Based on evidence provided, staff recommends the Planning Commission find that: 3966 Archer Pkwy Cheyenne, WY Phone (307) Fax (307) Page 2 of 3

3 a. This application meets the criteria for a subdivision permit and plat pursuant to section (a-e) of the Laramie County Land Use Regulations. b. This application is generally in conformance with the A2 Agricultural zone district. and that the Planning Commission recommend approval of the Subdivision Permit and Plat for Clear Creek Subdivision, 1 st Filing, located in portions of Sections 10, 11, 14, 15, and 16, T.13N., R.67W., of the 6th P.M., Laramie County, WY, to the Laramie County Board of Commissioners with the following condition: 1. A revised plat addressing agency concerns shall be submitted and approved by the commenting agencies prior to plat recordation. PROPOSED MOTION I move to recommend approval of the Subdivision Permit and Plat for Clear Creek Subdivision, 1st Filing, to the Laramie County Board of Commissioners with condition 1, and adopt the findings of facts a and b of the staff report. ATTACHMENTS Attachment 1: Location Map Attachment 2: Aerial Map Attachment 3: Comprehensive Plan Map Attachment 4: PlanCheyenne Map Attachment 5: Zoning Map Attachment 6: Agency Review Comments Report Attachment 7: Draft Resolution Attachment 8: Plat 3966 Archer Pkwy Cheyenne, WY Phone (307) Fax (307) Page 3 of 3

4 4 HORIZON DR 9 OTTO RD ERIE LN W COLLEGE DR 1 W 5TH ST SWAN RANCH RD SOUTHWEST DR 12 Laramie County, Wyoming CLEAR CREEK SUBDIVISION 1ST FILING SUBDIVISION PERMIT AND PLAT Legend PZ Location Map Property Lines Current Flood Hazards NAME Subject Property FEMA FLOODWAY FEMA 100YR FLOODPLAIN FEMA 500YR FLOODPLAIN CITY/CNTY 100YR FLOODPLAIN BERWICK DR W WALLICK RD CLEAR CREEK PKWY D R GRANITE PEAK QUARTZ DR Printed on Nov 07, ,900 Feet 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.

5 HORIZON DR OTTO RD COUNTY BERWICK DR W WALLICK RD CHEYENNE ERIE LN CLEAR CREEK PKWY W COLLEGE DR D R GRANITE PEAK QUARTZ DR EVELYN ST SWAN RANCH RD SOUTHWEST DR United States Department of Agriculture Laramie County, Wyoming CLEAR CREEK SUBDIVISION 1ST FILING SUBDIVISION PERMIT AND PLAT Legend PZ Aerial Map Property Lines Current Flood Hazards NAME FEMA FLOODWAY FEMA 100YR FLOODPLAIN FEMA 500YR FLOODPLAIN CITY/CNTY 100YR FLOODPLAIN Cities & Towns TOWN ALBIN BURNS CHEYENNE PINE BLUFFS Subject Property Printed on Nov 08, ,900 Feet 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.

6 HORIZON DR OTTO RD COUNTY URI ERIE LN EVELYN ST SWAN RANCH RD SOUTHWEST DR Laramie County, Wyoming CLEAR CREEK SUBDIVISION 1ST FILING SUBDIVISION PERMIT AND PLAT PZ Comprehensive Plan Map Legend Subject Property BERWICK DR W WALLICK RD CHEYENNE CLEAR CREEK PKWY W COLLEGE DR D R GRANITE PEAK QUARTZ DR United States Department of Agriculture Property Lines Future Land Use Districts OTHER Urban-Rural Interface (URI) Rural Metro (RM) Rural Ag Interface (RAI) Ag & Range Land (AGR) Cities & Towns TOWN ALBIN BURNS CHEYENNE PINE BLUFFS Printed on Nov 07, ,900 Feet 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.

7 HORIZON DR PUB OTTO RD Row OS AR ERIE LN RECIR MU-C MU-R W 5TH ST SWAN RANCH RD SOUTHWEST DR Laramie County, Wyoming CLEAR CREEK SUBDIVISION 1ST FILING SUBDIVISION PERMIT AND PLAT Legend PZ PlanCheyenne Map Subject Property IND BERWICK DR W WALLICK RD MU-E GANNETT PEAK DR CLEAR CREEK PKWY ETCHEPA LAZY Y DR CB UR United States Department of Agriculture Property Lines PlanCheyenne (2014) NEW_FLUP Agriculture/Rural Rural Residential Urban Transition Residential Urban Residential Mixed-use Residential MU-E Industrial Mixed-use Commercial Community Business Central Business District Public and Quasi-Public PUB-FED Open Space and Parks ROW Printed on Nov 07, ,900 Feet 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.

8 PLANNED UNIT HEAVY INDUSTRIAL AGRICULTURAL OTTO RD PLANNED UNIT BERWICK DR AGRICULTURAL AND RURAL RESIDENTIAL W WALLICK RD CLEAR CREEK PKWY ERIE LN COMMUNITY BUSINESS EVELYN AGRICULTURAL RESIDENTIAL LIGHT INDUSTRIAL PLANNED UNIT LIGHT INDUSTRIAL PLANNED UNIT ST MIXED USE - COUNTY PLANNED UNIT PLANNED UNIT LOW DENSITY RESIDENTIAL PUBLIC COMMUNITY BUSINESS PLANNED UNIT MEDIUM DENSITY RESIDENTIAL AGRICULTURAL AND RURAL RESIDENTIAL AGRICULTURAL COMMUNITY BUSINESS United States Department of Agriculture Laramie County, Wyoming CLEAR CREEK SUBDIVISION 1ST FILING SUBDIVISION PERMIT AND PLAT Legend PZ Zoning Map Property Lines All Other Values Archer Special Use District (ASU) Agricultural (A-2) Agricultural and Rural Residental (A-1) Agricultural Residentail (AR) Low Density Residential - Established (LR-1) Low Density Residential - Developing (LR-2) MR Medium Density Residential - Established (MR-1) Medium Density Residential - Developing (MR-2) High Density Residential - Established (HR-1) High Density Residentiial - Developing (HR-2) MU Mixed Use with Residential Emphasis (MUR) Mixed Use with Business Emphasis (MUB) Neighborhood Business Community Business (CB) Light Industrial (LI) Heavy Industrial (HI) Public (P) Planned Unit Development (PUD) Military (M) Subject Property Printed on Nov 07, ,900 Feet 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.

9 PZ CLEAR CREEK SUBDIVISION, 1 ST FILING Sub Pmt/Plat Board of Public Utilities: Linda Gunter COMMENTS ATTACHED 11/16/2017 Need to show all existing Easements on Plat Cheyenne MPO: Nancy Olson COMMENTS ATTACHED 11/17/2017 As per the Amended and restated Development Agreement (August 29, 2013) between the City and Granite Peak/Clear Creek Land, a right of way will need to be platted in the future in the vicinity of Berwick Dr. on the Long Range transportation Plan, in PlanCheyenne. This is in the PlanCheyenne County Version Transportation Plan, page 115 TABLE 7: COST ESTIMATES AND 2040 FISCALLY CONSTRAINED ROADWAY PLAN INCLUSION # 10a Berwick Dr., Wallick Rd. to New minor arterial with UP RR/Otto Rd. overpass 1.99 miles. Cheyenne Development Services: Lisa Pafford COMMENTS ATTACHED 11/20/2017 This subdivision is occurring within a mile of the City and requires Governing Body review (W.S (b) and approval. This plat has been submitted to the City and is processing concurrently with the County. County Assessor: Clarice Blanton COMMENTS ATTACHED 11/13/2017 Note To Assessor is verbose. A general note such as Ownership by this plat is hereby established in Lot 1, Block 1, to the City of Cheyenne would suffice. Remove Douglas Samuelson s name from Dedication. It need only appear under the signature line. Parcel E is not clearly defined. Is it a separate parcel? If so, then Lot 1 needs to be broken into different lots. If it is not separate, but a part of Lot 1 there is no need to reference it at all. The Ownership statement takes care of any land contained in the boundary of Lot 1. County Engineer: Scott Larson COMMENTS ATTACHED 11/27/2017 Engineer Review 1. I concur with the waiver of a Traffic Study and Drainage Study at this time. A detailed Traffic Study and Drainage Study will be required with a Site Plan application for any of the lots within this platted area. Surveyor Review 1. Plats require that dedication and acknowledgment statements must be executed by all owners of legal and equitable interests in the property being subdivided/developed. Both Dedication Statements indicate - PLAT OF CLEAR CREEK ADDITION, 1ST FILING. The Title Block indicates - CLEAR CREEK SUBDIVISION, 1ST FILING. The wording of both Dedications seems a little unwieldy and difficult to follow. Maybe

10 something like this would clarify the intent and flow better: KNOW ALL MEN BY THESE PRESENTS THAT SWAN RANCH LLC AND CLEAR CREEK LAND CO., LLC (or respectively THE CITY OF CHEYENNE), BY AND THROUGH THEIR UNDERSIGNED DULY AUTHORIZED REPRESENTATIVE DOUGLAS D. SAMUELSON, MANAGER OF SWAN RANCH LLC AND CLEAR CREEK LAND CO., LLC, THE OWNERS IN FEE SIMPLE OF A PORTION OF THE LANDS EMBRACED IN THIS PLAT OF CLEAR CREEK SUBDIVISION, 1ST FILING, DO HEREBY DECLARE THIS PLAT. These can be lengthy and difficult to compose and make sense, this is just an idea, food for thought. 2. For subdivisions within one (1) mile of the city limits of Cheyenne, survey tie(s) by bearing/azimuth and the distance to two (2) of the City of the City of Cheyenne s Horizontal Control Network monuments shall be accurately described on the plat. In addition, for the purposes of enhancing the City and County GIS Program framework, all public land survey corners on or within the subdivision boundary shall have field observation coordinates provided on the plat. These coordinates shall reference Wyoming State Plane Coordinate System, East Zone, U.S. Survey foot, NAD 1983(CORS96). The coordinates shall be observed and verified at the time of the plat survey. Some of the City of Cheyenne s Horizontal Control Network survey ties are shown in very small text, difficult to read and clearly distinguish the details. There is one Section Corner within the subdivision and two adjacent 1/4 Corners shown as found without coordinates provided. 3. Plats require that if any lot, block, boundary or right-of-way from a previously recorded plat is being vacated by this plat a notation shall be provided, describing the area or boundaries to be vacated under a section titled Statement to Vacate. An executed Petition to Vacate signed by all affected owners is required as part of the application packet. A blanket vacation description is provided, however, it seems like it would be a good idea to provide a little more information regarding the name of the previously recorded plat being vacated along with a little more information regarding what exactly is being vacated. It does state tract lines, are there any streets or easements being vacated? 4. Plat layouts shall include boundary lines with bearings/azimuths and distances and the location of all recorded rights-of-way intersecting the boundary of the subdivision. In the northeast corner of the subdivision there is course label (N E FEET from the legal description) that is difficult to read due to overlapping utility labeling. 5. Plat layouts shall include where applicable, curve data showing the radius, central angle, arc length, chord bearing/azimuth and distance and any notation of non-tangent curves. The location of points of curvatures and intersections shall be shown. With respect to the access easements shown approximately in the middle of the western half of the subdivision, the line and curve numbering as labeled is small and difficult to read, making it challenging to coordinate the Line and Curve Tables with the drawing. 6. Plat layouts shall include the location and dimensions, with boundary ties, for all existing and proposed utility, drainage, access, or other easements. There are several existing utility and access easements shown on the plat that have no boundary ties. 7. Plat layouts shall include the area of each lot or tract in square feet and/or acres. According to the LEGAL DESCRIPTION and the plat the total area of the subdivision is

11 acres. Parcel E contains acres (with Parcel E noted to be gifted to the City of Cheyenne along with Lot 1, Block 1). If Parcel E is gifted to the City, doesn t that split Lot 1, Block 1 into two parcels.? What if the plans for deeding explained in the NOTE TO ASSESSOR change in the future? A little more information or clearer explanation of the intent of the parcel creation in the NOTE TO ASSESOR would be helpful. 8. Plat layouts require such additional information as may be required to adequately describe proposed utility systems, street improvements and easements or reservations contemplated within the area to be subdivided. What is the current legal standing of the FUTURE ROAD RESERVATION as platted? What is its purpose, when is it proposed to happen and exactly where would it be located within the subdivision? 9. Plat layouts require any recorded easements or restrictions applicable to the subdivision shall be noted by reference to Register s book and page number. The County will not be involved in the enforcement of deed restriction or covenant instruments. There are several easements shown on the plat with incomplete Book and Page number references. County Public Works Department: David Bumann COMMENTS ATTACHED 11/22/2017 See county engineer s comments Environmental Health Department: Roy Kroeger COMMENTS ATTACHED 11/20/2017 Laramie County Small Wastewater System Regulations 201 Area Facility Management Plan The property is in the 201 Area and should utilize the City of Cheyenne s Public Water and Sewer System as proposed. Planner: Nancy Trimble COMMENTS ATTACHED 10/27/2017 1) No access has been provided on the plat for Lot 2, Block 1, thereby rendering the lot land-locked. 2) It is unclear as to the intent of this subdivision since a project narrative letter not submitted to the County with the application. 3) Any proposed development in, or crossing of, the floodplain shall require submittal of a Floodplain Development Permit application to the County Planning Office. Agencies responding with No Comment: County Real Estate Office, WYDOT, Fire District No. 1, Sheriff s Office, Cheyenne Light Fuel & Power. Agencies not responding: County Treasurer, Department of Energy (WAPA), Combined Communications Center, Emergency Management, CenturyLink.

12 RESOLUTION NO. A RESOLUTION TO APPROVE A SUBDIVISION PERMIT AND PLAT FOR CLEAR CREEK SUBDIVISION, 1 ST FILING, LOCATED IN PORTIONS OF SECTIONS 10, 11, 14, 15, AND 16, T.13N., R.67W., OF THE 6TH P.M., LARAMIE COUNTY, WY WHEREAS, Wyoming State Statutes to ; to 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 (a-e) of the Laramie County Land Use Regulations; and WHEREAS, the proposed subdivision is generally in conformance with the plans and policies of the A2 - Agricultural zone district; and WHEREAS, this resolution is the subdivision permit for Clear Creek Subdivision, 1st 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 (a-e) of the Laramie County Land Use Regulations. b. This application is in conformance with A2 - Agricultural zone district. And the Board approves the Subdivision Permit and Plat for Clear Creek Subdivision, 1st Filing with the following condition: 1. A revised plat addressing agency concerns shall be submitted and approved by the commenting agencies prior to plat recordation. PRESENTED, READ AND ADOPTED THIS DAY OF, LARAMIE COUNTY BOARD OF COMMISSIONERS ATTEST: Troy Thompson, Chairman Debra K. Lee, Laramie County Clerk Reviewed and approved as to form: Mark T. Voss, Laramie County Attorney

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