ORDINANCE NO. ENTITLED: AN ORDINANCE PURSUANT TO SECTION 2.2.1 ZONING MAP AMENDMENTS, SECTION 5.1.2 ZONING DISTRICTS ESTABLISHED, AND SECTION 5.1.3 OFFICIAL ZONING MAP, OF THE UNIFIED DEVELOPMENT CODE, CHANGING THE ZONING CLASSIFICATION FROM HR HIGH DENSITY RESIDENTIAL (COUNTY) TO HR-2 HIGH DENSITY RESIDENTIAL-DEVELOPING FOR A REPLAT OF PORTIONS OF TRACTS 245, 246, 247, AND 248, AND A PORTION OF THE VACATED EAST HALF OF ARTHUR ROAD, SUNNYSIDE ADDITION, 6 TH FILING, CHEYENNE, WYOMING, TO BE KNOWN AS CARTER COTTAGES (LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF HAYES AVENUE AND US HIGHWAY 30). BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CHEYENNE, WYOMING: Section 1. That the owners of the property described herein, have applied for a zoning map amendment ( zone change ) for said property in accordance with Section 2.2.1, Zoning Map Amendment, of the Cheyenne Unified Development Code ( UDC ). Section 2. That on December 1, 2014, the City of Cheyenne Planning Commission conducted a public hearing, reviewed the proposed zone change that is the subject of this ordinance, and recommended approval of said zone change. Section 3. That the Governing Body of the City of Cheyenne finds that the zone change that is the subject of this ordinance meets the criteria specified in Section 2.2.1.d of the UDC. Section 4. That, in accordance with Section 2.2.1, Zoning Map Amendment, Section 5.1.2, Zoning Districts Established, and Section 5.1.3, Official Zoning Map, of the UDC, the aforementioned application is hereby approved and the zoning classification of the real property described as a replat of portions of Tracts 245, 246, 247, 248, and a portion of the vacated east half of Arthur Road, Sunnyside Addition, 6 th Filing, Cheyenne, Wyoming, to be known as Carter Cottages, is hereby changed to HR-2 High Density Residential, Developing. Section 5. That the City Engineer is hereby authorized and directed to alter and amend the Official Zoning Map as described in 5.1.3 of the UDC to comply with the zone change as described in Section 4 above when this ordinance takes effect in accordance with Section 7 below. Section 6. Sections, paragraphs, sentences, clauses and phrases of this ordinance are severable. If any section, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases. Section 7. That this ordinance shall be in full force and effect upon its approval and publication and upon the official filing of the affiliated Carter Cottages, final plat map with the County Clerk and Ex-Officio Register of Deeds for Laramie County, Wyoming. FIRST READING: SECOND READING: 3RD AND FINAL READING: RICHARD L. KAYSEN, MAYOR (SEAL) ATTEST: CAROL INTLEKOFER, CITY CLERK publish date:
STAFF REPORT - SUMMATION Carter Cottages Zone District Map Amendment Process CASE NUMBER(s): UDC-14-00540 FILE CODE: CTCG-APFZ PREPARED BY: MEETING DATES: Josh Tetzlaff December 1, 2014 Planning Commission December 8, 2014 City Council REQUIRED DOCUMENTS SUBMISSION: The following required documents have been submitted and reviewed by staff. Complete Application Zone Change Map RECOMMENDATION: The Planning and Development Office recommends approval of the zone change request from HR High Density Residential (County) to HR-2 High Density Residential, Developing pursuant to criteria outlined in Section 2.2.1.d of the Cheyenne UDC. PLANNING COMMISSION UPDATE (Dec. 1, 2014): At its regular meeting December 1, 2014, the Planning Commission voted to recommend approval of the zone change for Carter Cottages, from HR High Density Residential (County) to HR-2 High Density Residential, Developing. CITY COUNCIL RECOMMENDATION: The Planning and Development Office recommends approval of the zone change request from HR High Density Residential (County) to HR-2 High Density Residential, Developing pursuant to criteria outlined in Section 2.2.1.d of the Cheyenne UDC. 1
STAFF REPORT Carter Cottages Zone District Map Amendment Process CASE NUMBER(s): UDC-14-00540 FILE CODE: CTCG-APFZ PREPARED BY: MEETING DATES: Josh Tetzlaff December 1, 2013 Planning Commission December 8, 2013 City Council OWNER: Kentucky Street LLC 307.630.7643 Butch & Peggy Tilton 2433 Sweetwater Trail Cheyenne, WY 82209 AGENT: Brad Emmons 307.637.6017 A.V.I., P.C. 1103 Old Town Lane, Ste. 101 Cheyenne, Wyoming 82009 PROJECT: Carter Cottages WORK DESCRIPTIONS: Zone change request for a multi-family residential project LOCATION: 1. Legal Description: Portion of Tracts 245, 246, 247, and 248 of Sunnyside Addition, 6 th Filing, Cheyenne, Wyoming 2. Location: Southwest corner of Hayes Avenue and US Highway 30 3. Address: N/A SIZE: Total site: 3.08 acres CURRENT ZONING: HR (County) PROPOSED ZONING: HR-2 EXISTING LAND USE: Vacant PROPOSED LAND USE: Urban Residential 2
SURROUNDING LAND USES: SURROUNDING LAND USE(S) ZONING ANNEXATION STATUS North Urban Residential HR-1 City South Rural Residential AR County East Urban Residential MR-2 City West Urban Residential MR County EXECUTIVE SUMMARY: The applicant has submitted this zone change request application in conjunction with a Final Plat application. Previously, the annexation was approved on September 8, 2014, and the preliminary plat was approved on October 27, 2014. The application is for a lot located at the northwest corner of the intersection of Highway US-30 and Hayes Avenue that is currently vacant. This would be considered infill development, which is heavily supported by PlanCheyenne as a way to more efficiently use infrastructure that is already in place. A zone change is required with annexation into the City, which was approved by City Council on September 8, 2014. A zone change to HR-2 High Density Residential, Developing is a logical zone district because it would be similar to the surrounding zone district. Directly to the north is a development of similarly intense residential units made up of duplexes and four-unit apartments in an HR-1 High Density Residential zone district. The proposed project should not have any problems meeting the standards for development set forth by the UDC. Since the property is currently vacant, has favorable topography, and is required to go through the site plan process before build out, the ability to meet the standards as well as a review to ensure standards are met is possible. Due to criteria set forth by Section 2.2.1.d of the Cheyenne UDC, staff recommends approval of this project, advancing it to the Governing Body. 3
ZONE CHANGE DATA: In reviewing, providing comments, and making recommendations and decisions on a proposed Zone Change Request, the Staff, Planning Commission and City Council shall use the following criteria: PLANCHEYENNE - The application is in accordance with the development policies and physical patterns identified in the Comprehensive Plan. PlanCheyenne recommends a Future Land Use category of Open Space and Parks for this area. While it may work as open space, this particular parcel would present some challenges as a park with its close proximity to US-30. This parcel would also be suited for an Urban Residential type use, which is similar to the build-out directly to the north. For multifamily residential (e.g., townhomes and apartments), vehicular, bicycle, and transit routes should be accessible, yet residential areas should be protected from heavy traffic. In addition, these types of residential developments should be within convenient proximity to neighborhood retail centers as well as open space and parks. This would be considered infill development, which is supported by PlanCheyenne as a way to more efficiently use infrastructure that is already in place. While there is heavy traffic on US-30, it is to the south of the development and does not bring the traffic to an area where people will be getting in and out of their cars, people crossing the parking lot to get to the shared common space, or kids playing in the parking lot. This site does have some constraints from a planning perspective since it is classified as Urban Residential. Though multifamily residential should be accessible to those who chose bike, walk, and take transit, this particular development will be over ¾ of a mile from the nearest bus stop when existing sidewalks and small, local streets are used to get to the bus stop. The project will also be about a ¼ mile from connecting to the greenway that does not involve crossing US-30. In terms of being close to amenities, the property is also about a mile from an area designated by PlanCheyenne as an Activity Center, which are classified as areas where high activity happens. Different types of activity centers include community/regional, mixed-use commercial, and neighborhood business. SURROUNDING AREA - The application is compatible with nearby property, specifically considering existing zoning, the Comprehensive Plan, and any other official plans and policies created under the guidance of that plan for these areas. The application is consistent with the surrounding uses recommended in PlanCheyenne as well as with the current development in the surrounding area. North of the proposed project is a neighborhood of multifamily residential units similar in makeup to the proposed units in that they are apartments, with duplexes mixed-in. The zoning to the north of this project is HR-1 High Density Residential, Established, which is very similar to the HR-2 High Density Residential, Developing, that the applicant is proposing. 4
ZONING: BASIC STANDARDS & USES - The suitability of the subject property for development according to the standards and uses of the existing zoning district, compared to the suitability of the subject property for development according to the standards and uses of the proposed zoning district; The existing zone district is HR High Density Residential (County). With an annexation into the city, the parcel is required to take a city zone district. The HR-2 High-Density Residential, Developing zone district would have design standards that would help it to be designed similar to the build out immediately north of the parcel that is currently zoned HR-1 High-Density Residential, Established. If this Zone Change request to HR-2 is approved, the multifamily dwellings will still be required to obtain a Conditional Use Approval. STREETS & OPEN SPACE - The ability of the subject property and surrounding vicinity to be developed according to the Subdivision Standards in Article 4 considering the proposed zoning; This Zone Change request has been submitted in conjunction with a replat, which provides greater assurance of development in accordance with Article 4. No new public right-of-way is being proposed. Open Space will be further evaluated at the time of Site Plan Review, at which time any requirements or exceptions will be determined. ZONING: INTENT, APPLICABILITY & DESIGN OBJECTIVES - The ability of the application to support the Intent and Applicability statements of the proposed zoning district, and achieve the Design Objectives of any specific standards. The proposed project should be able to support the Intent and Applicability of the HR-2 High- Density Residential, Developing zone district as well as achieve the Design Objectives of the district. Since the multifamily dwellings will need to go through a site plan process before they are built, they will have substantial review to make sure compliance is achieved in respects to building and site design standards. ZONING: FUTURE DEVELOPMENT - The ability of all potential future development to meet all applicable standards for development in the proposed zoning district, including other development options in the event that any specific development proposed in association with the application is not executed after approval. This zone change was submitted in conjunction with a Final Plat application. With this property being County property, it must be given a City zone classification. With a total lot size of 3.08 acres, this property would be open to many opportunities for development with its size and location along US-30. Depending on the use, various levels of review may or may not be required. REVIEWING AGENCIES COMMENTS: - None 5
REVIEWING AGENCIES WITHOUT COMMENTS: - Development (Brandon Cammarata) - Engineering Department General (Nathan Beauheim) - Engineering Department GIS/Tech (Gary Stogsdill) - Metro Planning Office (Nancy Olson) - Urban Planning (Jim Flesher) - WyDOT (Randy Greisbach) REVIEWING AGENCIES NOT RESPONDING: - City Engineer (Rob Gerginger) OTHER COMMENTS RECEIVED: cc: Owner Agent/Applicant File 6
0 40' FULL SIZE 1" = HALF SIZE 1" = 80' 40' 80'