ORDINANCE NO. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CHEYENNE, WYOMING: That the City of Cheyenne hereby finds as follows:

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1 ORDINANCE NO. ENTITLED: AN ORDINANCE ANNEXING TO THE CITY OF CHEYENNE, WYOMING, A PARCEL OF LAND SITUATED IN THE NORTH 102 FEET OF TRACTS 323 AND 324, SUNNYSIDE ADDITION, 7TH FILING, LARAMIE COUNTY, WYOMING (LOCATED SOUTH OF AND ADJACENT TO ROCK SPRINGS STREET, EAST OF AND ADJACENT TO PIERCE AVENUE, AND WEST OF AND ADJACENT TO POLK AVENUE) TO BE KNOWN AS THE DIAMOND ESTATES 5 TH FILING ANNEXATION. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CHEYENNE, WYOMING: Section 1. That the City of Cheyenne hereby finds as follows: (a) (b) (c) (d) (e) That Richardson Homes, Inc., owner of a parcel of land to be known as the Diamond Estates 5 th Filing Annexation being situated in a portion of Section 26, Township 14 North, Range 66 West of the 6th P.M., Laramie County, Wyoming, has petitioned the governing body of the City of Cheyenne to annex the real property described herein and to make it a part thereof; and That an accurate annexation map of said land is attached to this ordinance as Exhibit A, said map prepared by Adam E. Deschler, a Professional Land Surveyor, registered in the State of Wyoming, PLS Number 12045; and That the annexation of said area is for the protection of health, safety, and welfare of the persons residing in the area and the City of Cheyenne; and That the urban development of the area sought to be annexed will constitute a natural, geographical, economical and social part of the City of Cheyenne; and That the area is a logical and feasible addition to the City and that the extension of basic services such as water and sewer systems, police and fire protection and other services customarily available in the City of Cheyenne can, within reason, be furnished; and (f) That the area is adjacent to the City of Cheyenne and is currently zoned MR Medium Density Residential by the Laramie County Commissioners; and (g) That the City of Cheyenne does not own or operate its own electrical utility, and its governing body is prepared to designate a utility to serve the annexed area pursuant to W.S , and to authorize the designated utility to serve the entire annexed area. Section 2. That all of the real property described in Exhibit A is hereby annexed to the City of Cheyenne, Wyoming, and shall become a part thereof. Section 3. That the City Clerk is directed to file an executed copy of this annexation ordinance and map (Exhibit A) with the County Clerk and Ex-Officio Register of Deeds for Laramie County, Wyoming, and shall also notify the City Engineer's Office to add said area to the official City Map of the City of Cheyenne, Wyoming. Section 4. Sections, paragraphs, sentences, clauses and phrases of this ordinance are severable. If any phrase, clause, sentence, paragraph or section of this ordinance is declared illegal or unconstitutional, such illegality or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections. Section 5. That this ordinance shall be in full force and effect upon its publication.

2 FIRST READING: SECOND READING: THIRD AND FINAL READING: RICHARD L. KAYSEN, MAYOR (SEAL) CAROL INTLEKOFER, CITY CLERK published:

3 ANNEXATION REPORT & STAFF REPORT Diamond Estates 5 th Filing Annexation Summation Annexation CASE NUMBER: UDC FILE CODE: DMDE-A PUBLIC HEARING: July 14, 2014 REQUIRED DOCUMENTS: All required documents have been submitted and reviewed by staff. Complete Application Petition signed by property owner Annexation Map (revised map submitted June 27, 2014) Soils report (deferred to time of development) Signed clearance from Board of Public Utilities RECOMMENDATION: Staff recommends adoption of the ordinance.

4 Annexation UDC Diamond Estates 5 th Filing Annexation Staff Report July 14, 2014 Page 2 ANNEXATION REPORT & STAFF REPORT Diamond Estates 5th Filing Annexation Annexation CASE NUMBER: UDC FILE CODE: DMDE-A OWNER: Randy Richardson Richardson Homes Inc. 101 Lexington Ave Suite 2 Cheyenne WY APPLICANT/ Brad Emmons AGENT: AVI, p.c Old Town Lane, Suite 101 Cheyenne WY REQUEST: LOCATION: Annexation to the City of Cheyenne 1) Legal Description: The North 102 feet of Tracts 323 and 324, Sunnyside Addition, 7 th Filing, Laramie County, Wyoming 2) General Location: South of and adjacent to Rock Springs Street, east of and adjacent to Pierce Avenue, and west of and adjacent to Polk Avenue 3) Address: 4915 Rock Springs Street SIZE: CURRENT ZONING: PROPOSED ZONING: EXISTING LAND USE: PROPOSED LAND USE: 1.39 acre MR Medium Density Residential (County) MR-2 zone change in process Vacant land Four twin homes, one tri-plex, and stormwater detention SURROUNDING LAND USES: DIRECTION LAND USE(S) ZONING ANNEXATION STATUS North Single-family, vacant land MR-2, CB City, County South Single-family MR-2, MR City, County East Attached housing MR-2 City West Single-family MU County SUMMARY: The City has received a petition from the property owner to annex three parcels totaling 1.39 acres property on the south side of Rock Springs Street between Pierce and Polk Avenues. Wyoming State Statutes require that prior to annexing territory to the City certain steps must be followed, including the governing body conducting a public hearing and finding that the territory is eligible for annexation. The statutes list six criteria that must be met for the territory to be eligible for annexation. The attached ordinance finds compliance with these six criteria and annexes the land into the City, allowing the annexation map to be recorded. The subject property meets the required criteria. Therefore, staff recommends adoption of the ordinance.

5 Annexation UDC Diamond Estates 5 th Filing Annexation Staff Report July 14, 2014 Page 3 DESCRIPTION OF SITE AND SURROUNDINGS: The subject property is a relatively flat group of three parcels with no improvements other than various storage sheds, some of which have been recently removed. Vegetation includes native grasses and some trees. South of the property on Pierce is the Greenway and Dry Creek on City-owned property. The subject property is outside the 100-year floodplain. Dildine Elementary is a couple blocks away to the northeast. (No comments were received from the School District on the annexation, though they will have the opportunity to comment on the plat as well.) The area is mostly large-lot County residences although it is gradually developing to higher density now that City water and sewer are available in the area. Just west of the subject property is a property owned by Goodwill Industries zoned Mixed Use in the County with a storage building on it and plans for another storage building to be added. Across Rock Springs from the subject property is a vacant parcel zoned CB in the County. Across Polk are several attached-housing developments, including Dildine Villas and Sunny Ridge Pointe, both of which were developed by Bill Bruso. To the northwest, the owner of the subject property has developed Diamond Estates, mostly if not entirely made up of attached twin homes. The property has frontage on three local streets. Polk is paved but will need to have sidewalks installed when the property is developed. Rock Springs and Pierce are currently dirt roads that the developer will need to pave in order to develop the property. A zone change to MR-2, Medium-Density Residential Developing, has been submitted along with an expedited plat to create 12 lots including one for stormwater detention. Those projects will be considered by the Planning Commission at its regular meeting on August 4, 2014, and then sent to the Governing Body for approval. COMPREHENSIVE PLAN: LAND-USE AND ZONING: The property is within the Urban Service Boundary. The Future Land Use Plan map in PlanCheyenne indicates Urban Residential for this property and the surrounding area, which is primarily appropriate for single-family residences, duplexes, patio homes, townhomes, condominiums, and apartments. Secondary and complementary uses include open space and recreation, schools, places of worship, and other public or civic uses, senior housing, and neighborhood commercial if it complies with the characteristics of Neighborhood Business Centers (PlanCheyenne, 2014).

6 Annexation UDC Diamond Estates 5 th Filing Annexation Staff Report July 14, 2014 Page 4 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)): 1) 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. Findings: Ensuring development connects to City sewer rather than utilizing septic systems promotes public health for area residents. Likewise, having development served by City police serves the public safety and welfare of area residents. 2) The urban development of the area sought to be annexed would constitute a natural, geographical, economical and social part of the annexing city or town. Findings: The property abuts existing City limits on all sides. The site is located within the PlanCheyenne comprehensive plan area and planned for urban services expansion. 3) 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 the residents of the city or town shall, within reason, be available to the area proposed to be annexed. Findings: The area sought to be annexed is planned for urban services expansion in numerous City planning documents including PlanCheyenne and the Board of Public Utilities master plan. The City s water and sewer system has capacity to serve this area and lines are in place in Whitney Road and Campfire Trail. Development will be required to include extension of water and sewer lines, stormwater lines, and street improvements. Services customarily available to residents in Cheyenne will be available to the subject property. 4) 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 Findings: The property is approximately 79% contiguous with existing City limits. 5) If the city or town does not own or operate its own electric utility, its governing body is prepared to issue one (1) or more franchises as necessary to serve the annexed area pursuant to W.S Findings: Franchises are in place to serve this property. 6) 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). Findings: The required information was sent June 16, ANNEXATION REPORT DATA: In compliance with W.S (c) the following information is provided: (i) A map is not required for this report based on the absence of exercising the authority granted under W.S (b) (ii). (ii) The total estimated cost of infrastructure improvements required of the landowners by the City related to the annexation is approximately $0.00. All improvements are deferred until time of development. (iii) Services customarily available to City residents include water, sewer, sanitation, police, and fire protection. As mentioned previously, a water line exists in Whitney Road and a sewer line exists in Campfire Trail. 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. Police and fire protection will be provided upon annexation. (iv) Fees for water, sewer, and sanitation services are variable based upon volume. Tap fees vary based on the size of the tap required. (v) The current property tax mill levy imposed is and projected property tax mill levy imposed by the city is (vi) Requirements for off-site improvements will be evaluated at the time of development.

7 Annexation UDC Diamond Estates 5 th Filing Annexation Staff Report July 14, 2014 Page 5 REVIEWING AGENCY AND REVIEWERS COMMENTS: City Surveyor: Jack Studley 1. Boundary data and legal descriptions appear in order. 2. All previous questions and concerns have been addressed and satisfactorily resolved. County Planning: John Shephard County Planning notes no particular concerns. FYI, there is a commercial Site Plan & Floodplain Development Permit currently under review for Goodwill Industries at 4609 Rock Springs St. Engineering: Nathan Beauheim 1. The City Engineer's Office is amenable to postponing submittal of the final soils report until such time as detailed construction plans are submitted for the public infrastructure in accordance with Section (B)(2) of City Code. 2. Street improvements in accordance with City Standards will be required with this project on Rock Springs St. and Pierce Ave. Traffic Engineering: Mark Escobedo (Note: The following comments relate to the subsequent development.) 1. A Transportation Worksheet must be completed and submitted with all applications for development approval (ref. Article 3, section c., UDC). A Transportation Worksheet to determine TIA/TIS requirements was not provided as required. 2. Off-site Improvements (ref Municipal Code ): A. The developer must agree to install all required off-site improvements associated with lands that are the subject of development action. All off-site improvements installed or to be installed shall be subject to the approval by the City as to the plans and specifications and as to compliance with the inspection procedures and schedules determined by the City. B. Off-site improvements include: 1. Water mains with connecting lines to the then available supply; 2. Sewer mains and appurtenances extended to the farthest point up-grade in the respective lines of the development; 3. Curb and gutter for any platted streets within the area; 4. Paved streets within the described area connecting to the most nearly adjacent paved traffic route. 5. Paved alleys as platted within the subdivision; 6. Flood control and drainage systems to include such elements as storm sewers, aboveground and underground drainage facilities, detention and holding facilities, and other related drainage structures; 7. Other facilities as determined by the City Engineer. Environmental Health: Roy Kroeger Laramie County Small Wastewater System Regulations Wyoming Water Well Minimum Standards The small wastewater system shall be properly abandoned and inspected by this office. Please schedule an inspection with Environmental If the well is to be abandoned it shall be done in accordance with Wyoming State Engineers Well Standards. Fire: Jim Schamerhorn (Note: The following comment relates to the subsequent development.) The proposed annexation will require installation of one new fire hydrant at the intersection of Pierce Avenue and Rock Springs to comply with IFC Table C AGENCIES RESPONDING WITHOUT COMMENT: CenturyLink, Charter Communications, City Attorney, City Engineer, County Assessor, Development, Drainage Engineer, GIS, School District 1, MPO, Parks & Rec, Public Works AGENCIES NOT RESPONDING: BOPU, Cheyenne Light, Fuel & Power, County Attorney, County Clerk, Fire District 2, County Sheriff, High West Energy, Laramie County Conservation District, Police OTHER COMMENTS RECEIVED: None.

8 Annexation UDC Diamond Estates 5 th Filing Annexation Staff Report July 14, 2014 Page 6 Encl: cc: Annexation Ordinance Annexation Map Agent and Owner File

9 1 inch = 0.1 miles PROJECT NUMBER: ANNEXATION: UDC PIERCE P AR LARAMIE ST 30 US 30 US Cheyenne/Laramie County GIS Cooperative Program POLK MR-2 AR MR MR-2 RIO VERDE MU-R MR MR RAWLINS Current Zoning PUB Ownership Agriculture/Rural Rural Residential Urban Transition Residential Urban Residential Mixed-use Residential Mixed-use Employment Industrial Mixed-use Commercial Community Business Central Business District Public and Quasi-Public Open Space and Parks DILDINE CREWS Legend GREEN RIVER SAPPHIRE CARTER RD CB ROCK SPRINGS ROCK SPRINGS DILDINE EASTVIEW ST MR POLK PIERCE AVE WRIGHT CT County Jurisdiction HR-2 MR-2 RAWLINS ST LARAMIE ST MU R VIEW D RANGE MR-2 HR P GREEN RIVER UR CREWS CT SAPPHIRE MR-1 PIERCE Subject Property RIO VE RDE AMBER ROCK SPRINGS ST VAN BUREN AVE GREEN RIVER ST EL CAMINO DR LIBERTY ST POLK AVE SAPPHIRE ST WATER BLUE LN DILDINE RD RIO VER DE ST PIERCE AVE GEM TRL OCEAN AVE DO N E GL E AV PA TH FIN DE RA VE VE NA RO HU SUPERIOR AVE Diamond Estates 5th Filing Annexation CREWS OS PlanCheyenne Future Land Use /

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