laramie county planning & development department · assessed as residential vacant land, there...

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LARAMIE COUNTY PLANNING & DEVELOPMENT DEPARTMENT

Planning Building

3966 Archer Pkwy Cheyenne, WY 82009

www.laramiecountyplanning.com

Phone (307) 633-4303 Fax (307) 633-4616

MEMORANDUM

TO: Laramie County Planning Commission FROM: Bryan Nicholas, Associate Planner DATE: September 27, 2018 TITLE: Review and action of a Subdivision Permit and Plat for Grizzly Cliffs, 2nd

Filing, located in Tracts 3 & 4, Grizzly Cliffs, 1st Filing, a portion of the NW1/4, Section 19, T.13N., R69W., and in a portion of the E1/2, Section 24, T.13N., R.70W., of the 6th P.M., Laramie County, WY.

EXECUTIVE SUMMARY Steil Surveying Services, on behalf of Leon M. Grube and Robin Grube of 2221 ½ Seymour Ave, Cheyenne, WY has submitted an application for a Subdivision Permit and Plat for “Grizzly Cliffs, 2nd Filing”, located on Jenny Lynn Road, north of Willadsen Estates. The application has been submitted for the purpose of the property to create five single-family residential lots, by vacating and re-platting Tracts 3 & 4 of Grizzly Cliffs 1st Filing and using a portion of an adjacent un-platted property. BACKGROUND Assessed as Residential Vacant Land, there is currently no development, water, or septic on the subject properties. Jenny Lynn Road, an 80-foot right-of-way, was dedicated to the public through the Willadsen Estates Subdivision plat, recorded January 15, 2002 (Bk. 8, Pg. 10). The proposed Tracts 4 & 5 will have access off Jenny Lynn Road by 40’ ingress/egress easements. There are multiple existing utility easements within this proposed subdivision, as noted on the plat. Pertinent Regulations

Section 2-1-101 (a-e) of the Laramie County Land Use Regulations governing the criteria

for a subdivision permit and plat.

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Phone (307) 633-4303 Fax (307) 633-4616

DISCUSSION This proposed subdivision lies within the Agricultural & Range Land (AGR) land use designation of the Laramie County Comprehensive Plan. Areas in this category are generally located on the outlying portions of the county with public utilities being absent, and limited road access. This land use category discourages freestanding residential uses not associated with agricultural purposes, with agricultural, livestock, and associated residences as the primary uses. Although this proposed subdivision would create freestanding single-family residences, the Comprehensive Plan does support expansion of existing development identified as rural centers. This area is specifically discussed upon, stating: …“the Harriman Road area in Southwestern Laramie County may be appropriate for additional residential uses and/or neighborhood services, keeping in mind that access to water may be difficult and expensive.” Per the Comprehensive Plan, this subdivision would need to address certain issues such as water availability, public land access, cultural preservation, roads, and connectivity; while ensuring that view sheds, and wildlife are minimally impacted. The boundary of PlanCheyenne and the Zoned Boundary do not reach this property, and thus do not have any bearing on the discussion of this proposed subdivision. This proposed plat would vacate existing Tracts 3 and 4, thus creating a total of seven lots instead of nine between the first filing and this proposed filing. Per Section 2-1-101(c)(vi), subdivisions of five (5) or fewer divisions of land are exempt from a Department of Environmental Quality Chapter 23 Review pursuant to W.S. 18-5-306. Public notice was published and neighbor notice letters were sent by certified mail per Section 1-2-104. Staff received no comments from adjacent landowners. A revised plat was submitted to the Planning Staff on August 21, 2018, a copy of which is attached. RECOMMENDATION and FINDINGS Based on evidence provided, staff recommends the Laramie County Planning Commission find that:

a. This application meets the criteria for a subdivision permit and plat pursuant to section 2-1-101 (a-e) of the Laramie County Land Use Regulations.

and that the Planning Commission recommend approval of the Subdivision Permit and Plat for Grizzly Cliffs, 2nd Filing, to the Laramie County Board of Commissioners with the following conditions:

1. All County Engineer comments shall be addressed prior to the public hearing before

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Phone (307) 633-4303 Fax (307) 633-4616

the Board. 2. All pertinent easements shall be shown on the plat prior to the public hearing before

the Board. 3. All Clerical issues shall be addressed prior to recordation of the plat. 4. A drainage easement along Jenny Lynn Road shall be shown on the plat prior the

public hearing before the Board. 5. A note stating, “any further subdivision of the lands contained within this replat will

be subject to a Subdivision Application pursuant to Wyoming Department of

Environmental Equality (WYDEQ) Chapter 23 rules, requirements, and regulations”, shall be shown on the plat prior to the public hearing before the Board.

PROPOSED MOTION I move to recommend approval of the Subdivision Permit and Plat for Grizzly Cliffs, 2nd Filing to the Laramie County Board of Commissioners with conditions 1 -5, and adopt the findings of fact a of the staff report. ATTACHMENTS Attachment 1: Location Map Attachment 2: Aerial Map Attachment 3: Comprehensive Plan Map Attachment 4: Agency Review Comments Attachment 5: Draft Resolution Attachment 6: Plat – Revised August 21, 2018

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Cheyenne/Laramie County GIS Cooperative Program

Printed on August 22, 2018

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.

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PZ-18-00204 GRIZZLY CLIFFS, 2ND FILING SUBDIVISION PERMIT County Engineer: Scott Larson COMMENTS ATTACHED 09/10/2018 Engineer Review 1. I cannot find the 40’ easement that is referenced in Note 5.d. on the plat drawing. 2. I concur with the request for a waiver of a detailed Traffic Study and Drainage Study since this development will have an insignificant impact on either. Surveyor Review 1. Lots 1 and 2 of Grizzly Cliffs 1st Filing appear to be mislabeled. 2. Two items in the Curve Table -- Boundary: The record data given for C1 differs more than 100 feet and 20° in chord bearing from the measured data, is this correct? Also, the record data given for C2 and C3 are identical, so one of them is likely incorrect. Environmental Health Department: Roy Kroeger COMMENTS ATTACHED 09/07/2018 Laramie County Small Wastewater System Regulations This development needs to complete a DEQ Subdivision review and provide a copy of the report to Environmental Health through the Laramie County Commission. A small wastewater system permit shall be obtained for each lot prior to the start of construction. A perc test and site hole will be required on each lot prior to the issuance of the small wastewater system permit. A copy of the signed final plat shall be submitted to Environmental Health prior to the issuance of any small wastewater systems permit. Some lots have steep slopes and large easements in which the small wastewater system can not be located in or on. Careful planning and possible consultations may be needed with system location. Wyoming Game & Fish: Meghan Lockwood COMMENTS ATTACHED 09/10/2018 The staff of the Wyoming Game and Fish Department (Department) has reviewed the proposed Grizzly Cliffs 2nd Filing - Subdivision Permit and Plat (PZ-18-00204) located in Laramie County. We offer the following comments for your consideration. Terrestrial Considerations: The proposed subdivision is outside of big game crucial ranges; however pronghorn, elk and deer are often present in the area. To best mitigate negative impacts to the wildlife and the community we recommend the following: Habitat Alteration: Development should be minimized or avoided in mountain shrub communities, aspen stands and any other important plant communities. Burning or cutting may revitalize old,

decadent stands of aspen. Standing dead trees and dead and downed plant material should be left to provide important habitat for small wildlife species and to replenish soil nutrients through decomposition. No filling, excavating, dredging, mining, drilling, or removing of topsoil, sand, gravel, rock, or other minerals should be done except when associated with approved development plans. Non-native Plants: Introduction of non-native shrubs and trees should be restricted to those species that are the least palatable to browsing wildlife animals and pose little risk of spreading to adjacent areas (e.g., Russian olive should never be planted). The developer should consult with our local wildlife biologist when planning landscaping for the subdivision. Bird Nesting/Perching Habitat: Nesting and perching areas for raptors and some cavity nesting birds should be maintained and human disturbance minimized during incubation and rearing time frames. Developments should be located to protect unique physical or vegetative features that provides important nesting habitat. Home construction should be discouraged in these areas. Damage/Feeding: When applicable, the subdivision covenants should explain to prospective purchasers that wildlife inhabits, winters and/or migrates through the area. It is very likely that wildlife may damage ornamental shrubs, trees, homes and fences. The land purchaser accepts this risk factor. We will not accept compensation claims for damages caused by wildlife to ornamentals, homes and fences. Supplemental feeding of ungulates or carnivores should not be allowed. Pets: Domestic pets, especially dogs and cats, should be restrained and prevented from roaming at large. Unrestrained pets can harass and kill small and large birds and mammals. Roads: Construct the minimum standard and number of roads needed to serve the subdivision. Roads should be constructed to avoid watercourses, wetlands and other important wildlife habitats. Habitat Enhancement: Enhancements can improve the existing wildlife habitat and provide enjoyment for wildlife enthusiasts within the subdivision. Enhancements should be planned thoroughly and thoughtfully prior to any construction. The developer and/or homeowners association should review the plan before approval. We will assist developers or homeowners in designing habitat enhancements. Off-road Vehicles: Restricted use of off-road vehicles should be written into the covenant. Off-road vehicles

include all-wheel drives, motorcycles, all-terrain vehicles, and snowmobiles. Corridors: Developers should preserve wildlife corridors by maintaining areas of undeveloped open or wooded habitat and reducing the density of dwellings or through cluster development with undeveloped land between clusters. Corridors will help wildlife move through or around developments, provide protection for sensitive areas, and reduce many land use conflicts. Aquatic Considerations: To minimize impacts to the aquatic resources of nearby waterways, we recommend the following: * Accepted best management practices be implemented to ensure that all sediments and other pollutants are contained within the boundaries of the work area. Disturbed areas that are contributing sediment to surface waters as a result of project activities should be promptly re-vegetated to maintain water quality. * Equipment should be serviced and fueled away from streams and riparian areas. Equipment staging areas should be at least 500 feet from riparian areas. Thank you for the opportunity to comment. Lee Knox, the Laramie District Wildlife Biologist, is available at 307-399-2697 if you have any questions or would like help with habitat improvements. If you have any aquatic questions or concerns please contact Rick Huber, Habitat Protection Biologist, at 307-777-4558. Sincerely, Angi Bruce Habitat Protection Supervisor AB/mc/ml cc: U.S. Fish and Wildlife Service Lee Knox, Wyoming Game and Fish Department Embere Hall, Wyoming Game and Fish Department Bobby Compton, Wyoming Game and Fish Department Chris Wichmann, Wyoming Department of Agriculture, Cheyenne Black Hills Energy: Dustin McKen COMMENTS ATTACHED 09/07/2018 CLFP owns an electric line/easement which isn’t shown on the plat. Also, for utility services in the future, lot line easements will need to be added to service future customers.

Planners: Bryan Nicholas COMMENTS ATTACHED 09/10/2018 1. Applicant is required to meet all applicable requirements per Section 2-1-101(e)(i-xiv). 2.The Fire District providing fire protection is stated as FD #2, this needs to be corrected to FD #10. 3. A Wyoming P.L.S. Stamp needs to be included on the plat. 4. A drainage easement was required along Jenny Lynn Road on an adjacent subdivision recently approved by the Board, the application is advised to consider doing the same. Building Dept.: Antony Pomerleau COMMENTS ATTACHED 09/07/2018 BUILDING PERMITS REQUIRED AGENCIES WITH NO COMMENTS: Planners/GIS County Real Estate Office County Public Works Department Laramie Co School Dist. No. 1 AGENCIES WITH NO RESPONSE: County County Attorney County Treasurer County Conservation District Wyoming DEQ US Post Office Combined Communications Center Emergency Management Fire District No. 10 Sheriff’s Office High West Energy Rockies Express Pipeline

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RESOLUTION NO. _______________________

A RESOLUTION TO APPROVE A SUBDIVISION PERMIT AND PLAT FOR GRIZZLY CLIFFS, 2ND FILING, LOCATED IN TRACTS 3 & 4, GRIZZLY CLIFFS, 1ST

FILING, A PORTION OF THE NW1/4, SECTION 19, T.13N., R.69W., AND IN A PORTION OF THE E1/2, SECTION 24, T.13N., R.70W., 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 and plat is in accordance with section 2-1-101 (a-e) of the Laramie County Land Use Regulations; and WHEREAS, this resolution is the subdivision permit for Grizzly Cliffs, 2nd 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-e) of the Laramie County Land Use Regulations.

and the Board approves the Subdivision Permit and Plat for Grizzly Cliffs, 2nd Filing, with the following conditions:

1. All County Engineer comments shall be addressed prior to the public hearing before the Board.

2. All pertinent easements shall be shown on the plat prior to the public hearing before the Board.

3. All Clerical issues shall be addressed prior to recordation of the plat. 4. A drainage easement along Jenny Lynn Road shall be shown on the plat prior the public

hearing before the Board. 5. A note stating, “any further subdivision of the lands contained within this replat will be

subject to a Subdivision Application pursuant to Wyoming Department of Environmental Equality (WYDEQ) Chapter 23 rules, requirements, and regulations”, shall be shown on the plat prior to the public hearing before the Board.

PRESENTED, READ AND ADOPTED THIS _________________ DAY OF ___________________, 2018. LARAMIE COUNTY BOARD OF COMMISSIONERS ____________________________________________ K.N. Buck Holmes, Chairman ATTEST: Debra K. Lee, Laramie County Clerk Reviewed and approved as to form: Mark T. Voss, Laramie County Attorney

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