LARAMIE COUNTY PLANNING & DEVELOPMENT DEPARTMENT Planning Building MEMORANDUM TO: FROM: Laramie County Planning Commission Jean Vetter, Senior Planner DATE: January 26, 2017 TITLE: Review and action of a Subdivision Permit and Plat for West Ridge Estates 3 rd Filing, located in a portion of Section 29, T. 15 N, R. 68 W, of the 6 th P.M., Laramie County, WY. EXECUTIVE SUMMARY Steil Surveying Services, on behalf of Construction Specialists, Inc., has submitted an application for a Subdivision Permit and Plat for West Ridge Estates 3 rd Filing, situated generally south of the intersection of Little Star Drive & Horse Creek Road. This subdivision would create 3 single-family rural residential lots. BACKGROUND The Laramie County Board of Commissioners approved the West Ridge Estates subdivision permit and plat on April 19, 2016, and the West Ridge Estates 2 nd Filing subdivision permit and plat on August 2, 2016; both plats have subsequently been recorded. Pertinent Regulations Section 2-1-101 (a-d) of the Laramie County Land Use Regulations governing the criteria for a subdivision permit. Section 2-1-101 (e) of the Laramie County Land Use Regulations governing the criteria for a plat. Page 1 of 6
AGENCY REVIEW County Assessor: A more definitive portion of Section 29, such as the South 1/2 South 1/2, seems to be appropriate for the title block. County Real Estate Office: Title block need a more specific legal for what portion of Section 29. As is it is stating ALL of Section 29 County Engineer: 1. I concur with the request for a waiver of a detailed drainage study. However, an engineer should review the plat, site drainage, roadside drainage, etc. to determine if a drainage easement is needed either in Tract 11 or 12 to carry the runoff from the end of the cul de sac to the southeast. 2. I concur with the request for a waiver of a traffic study. 3. Note 7 on the plat indicates there is a portion of Tract 12 that falls within a FEMA floodplain; the approximate floodplain boundary/area should be shown on the plat. County Public Works Department: Additional subdividing and/or road connections in this area will not relieve subsequent plats from requirements pertaining to larger subdivisions Developer indicated private road maintenance plan is being incorporated into HOA docs. Such plan should be submitted for review and approval by Public Works and County Engineer prior to plat being filed. Roads in access easements need to be built to Laramie County road standards. Laramie Co School Dist. No. 1: General: The residential development is within the Central Triad and more specifically: student s home schools for attendance would be Prairie Wind Elementary, McCormick Junior High and Central High Schools. Students living in this development would be eligible for bussing, as they would be beyond the walk distance for each of the schools. School Enrollments: As of the latest enrollment reports, Prairie Wind is near capacity with some space available in some grades, McCormick is below capacity with space available in both grades, Central is below capacity with space available in all grades. Environmental Health Department: WY DEQ Subdivision Regulations Laramie County Small Wastewater System Regulations A completed DEQ Subdivision review and report is needed. This should have been completed with the second filing but filings appear to have been planned to circumvent the DEQ Subdivision Rules Page 2 of 6
A copy of the signed final plat with DEQ notes shall be submitted to Environmental Health prior to the issuance of any small wastewater system permit. A USDA soil survey shall be provided to Environmental Health prior to the issuance of any small wastewater system permit. An individual small wastewater permit shall be obtained on each property prior to construction. A perc test and 10 site hole shall be done on each lot prior to issuance of any small wastewater system permit. WYDOT: Access permit for Little Star Drive has been issued for commercial use (more than nine residential lots served.) Permit requires paving of access within WYDOT R/W. Maintain natural drainage paths through the development to prevent concentrating drainage points. Any storm drainage coming into WYDOT R/W must be limited to historic rates. Fire District No. 2: My only concern as stated in previous filings is my concern for one way in and one way out and the lack of water supply for fire protection. Planners: 1. Provide a more specific legal description in the plat title block, as requested by County Assessor and County Real Estate office. 2. Per County Engineer comment, indicate on the plat the approximate floodplain boundary/area. 3. A private road maintenance plan shall be submitted for review and approval by County Public Works and County Engineer prior to recordation of the plat. 4. Upon approval of West Ridge Estates 3rd Filing, the total number of residential lots within the subdivision will equal twelve (12). A second point of access will be required should any further development within West Ridge Estates occur. (LCLUR Sec 2-1-102 c (v)) 5. The Owner/Applicant are requesting an exemption from WS 18-5-306 for requirement to submit Chapter 23 review to WYDEQ for well and septic with required outcome of "nonadverse" recommendation. 2-1-101 Subdivision Permits d. Exemptions states: In no case shall the Planning and Development Director exempt an owner from the provisions of W.S. 18-5-306 if the five (5) or fewer proposed divisions of land are part of a previously exempted division or if there is deliberate attempt to avoid the requirements of 18-5-306. (This requirement is not based on tract size but on number of divisions) Page 3 of 6
West Ridge Estates 1st Filing (approved 4-19-16) consisted of 5 divisions and was exempted from these provisions. West Ridge Estates 2nd Filing (approved 8-2-16) consisted of 4 divisions and was exempted from these provisions. West Ridge Estates 3rd Filing (current application) consists of 3 divisions for a total of 12 divisions of land. Therefore, the current proposed subdivision does not meet the intent for exemption of the DEQ requirement. 6. Fire District No. 2 concerns regarding adequate fire protection water supply and emergency vehicle access/turnaround radius shall be addressed. Provision for a cistern for fire fighting capability in the area is required. The Owner/Applicant shall work with Fire District to include size and location for cistern, and provide an easement, as necessary, on plat prior to recordation. Agencies Responding with No Comments: Combined Communications Center, Cheyenne Light Fuel & Power. Agencies Not Responding: County Treasurer, US Post Office, Emergency Management, Sheriff's Office, CenturyLink. DISCUSSION The Laramie County Comprehensive Plan (2016) describes this area as best suited for Rural Ag Interface (RAI). This category recommends primarily residential development with limited service commercial and retail uses at major intersections. Density of uses should be based on availability and access to water. The Plan also notes that due to lengthy response times, existing topography and limited reliable water resources, cisterns are encouraged in any development within the RAI area as well as utilizing fire-wise planning. The proposed plat would create 3 lots with an average (net) size of 16.10 acres each. The intended use for the lots is single-family residential. The 3 lots created would require individual well and septic systems. Given the proposed lot size it appears there is adequate area; however, staff makes no assurances that certain permits will be issued, and notes two previous subdivisions were approved for a total of 9 lots immediately adjacent to and north of this 3 rd Filing. Comments were received from agency reviews regarding drainage, road maintenance, requirement to build access easements to Tract 10 to County road standards, requirement to pave in WYDOT ROW for permitted commercial access at Little Star Drive and Horse Creek Road, water supply for fire protection, DEQ small wastewater system requirements, and minor adjustments to information on the plat. A response to the comments has not been received as of the drafting of this report. A copy of the revised plat submitted on January 19, 2017 is attached, Page 4 of 6
showing the floodplain area and corrections to the legal description in the title block. Remaining concerns are conditioned below. A sign was posted on the property and notice was sent to adjacent property owners regarding this application. Staff received no public comment regarding this application. The Laramie County Land Use Regulations have criteria for a subdivision permit and plat. This application meets minimum requirements. Staff finds the proposed Subdivision Permit is in conformance with the plans and policies of the Laramie County Comprehensive Plan (2016) and the Laramie County Land Use Regulations (2011). RECOMMENDATION and FINDINGS Based on evidence provided, staff recommends the Planning Commission find that: a. This application meets the criteria for a subdivision permit pursuant to section 2-1- 101 (a-d) of the Laramie County Land Use Regulations. b. This application meets the criteria for a plat pursuant to section 2-1-101 (e) of the Laramie County Land Use Regulations. and that the Planning Commission recommend approval of the Subdivision Permit and Plat for West Ridge Estates 3 rd Filing, located in a portion of Section 29, T. 15 N, R. 68 W, of the 6 th P.M., Laramie County, WY, with the following conditions: Prior to plat recordation: 1. Provide a drainage analysis for review and approval by the County Engineer. 2. Provide civil construction plans for review and approval by County Public Works and County Engineer for all proposed roadways to include those within ingress/egress easements. 3. A private road maintenance plan shall be submitted for review and approval by County Public Works and County Engineer. 4. Add an easement on the plat for a cistern. 5. DEQ approval for septic and well shall be obtained (non-adverse recommendation) and documentation of such approval shall be provided to the Planning Office. 6. The developer shall install a 30,000 gal cistern in the easement indicated on the plat, prior to any building permits being issued for lots within the subdivision OR provide financial assurance for future installation of cistern in the form of non-revocable letter of credit for the dollar amount equal to installation cost of cistern, prior to recordation of the plat. PROPOSED MOTION I move to recommend approval of the Subdivision Permit and Plat for West Ridge Estates 3 rd Filing, located in a portion of Section 29, T. 15 N, R. 68 W, of the 6 th P.M., Laramie County, WY, with conditions 1-6, and adopt the findings of facts a and b of the staff report. Page 5 of 6
ATTACHMENTS Attachment 1: Aerial Map Attachment 2: Comprehensive Plan Map Attachment 3: Draft Resolution Attachment 4: Revised Plat January 19, 2017 Page 6 of 6
NORTH RIDGE DR Laramie County, Wyoming LITTLE STAR DR HORSE CREEK RD SCENIC RIDGE DR DESPERADO CT RENEGADE CT WEST RIDGE ESTATES 3rd FILING PZ-16-00244 AERIAL MAP Approximate Subject Property Area Printed on Oct 27, 2016 ROAD 113 ROAD 216 ROAD 216 United States Department of Agriculture 5 0 445 890 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.
NORTH RIDGE DR Laramie County, Wyoming LITTLE STAR DR HORSE CREEK RD SCENIC RIDGE DR DESPERADO CT RENEGADE CT WEST RIDGE ESTATES 3rd FILING PZ-16-00244 Approximate Subject Property Area RAI Legend Property Lines Future Land Use Districts OTHER Rural Ag Interface (RAI) Subject Properties Printed on January 19, 2017 ROAD 113 ROAD 216 ROAD 216 United States Department of Agriculture 5 0 445 890 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.
RESOLUTION NO. A RESOLUTION TO APPROVE A SUBDIVISION PERMIT AND PLAT FOR WEST RIDGE ESTATES 3 RD FILING, LOCATED IN A PORTION OF SECTION 29, T. 15 N, R. 68 W, OF THE 6TH P.M., 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 is in accordance with section 2-1-101 (a-d) of the Laramie County Land Use Regulations; and WHEREAS, the proposed plat is in accordance with section 2-1-101 (e) of the Laramie County Land Use Regulations; and WHEREAS, this resolution is the subdivision permit for West Ridge Estates 3 rd 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-d) of the Laramie County Land Use Regulations. b. This application is in conformance with section 2-1-101 (e) of the Laramie County Land Use Regulations. and that the Board approves the Subdivision Permit and Plat for West Ridge Estates 3 rd Filing with the following conditions: Prior to plat recordation: 1. Provide a drainage analysis for review and approval by the County Engineer. 2. Provide civil construction plans for review and approval by County Public Works and County Engineer for all proposed roadways to include those within ingress/egress easements. 3. A private road maintenance plan shall be submitted for review and approval by County Public Works and County Engineer. 4. Add an easement on the plat for a cistern. 5. DEQ approval for septic and well shall be obtained (non-adverse recommendation) and documentation of such approval shall be provided to the Planning Office. 6. The developer shall install a 30,000 gal cistern in the easement indicated on the plat, prior to any building permits being issued for lots within the subdivision OR provide financial assurance for future installation of cistern in the form of non-revocable letter of credit for the dollar amount equal to installation cost of cistern, prior to recordation of the plat. PRESENTED, READ AND ADOPTED THIS DAY OF, 2017. LARAMIE COUNTY BOARD OF COMMISSIONERS ATTEST: Troy Thompson, Chairman Debra K. Lee, Laramie County Clerk 1
Reviewed and approved as to form: Mark T. Voss, Laramie County Attorney 2