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Laramie Planning Commission October 8, 2012 Page 1 of 6 MINUTES Laramie Planning Commission Monday, October 8, 2012 at 4:30 PM City Council Chambers, City Hall 406 Ivinson, Laramie, WY The Planning Commission meetings are open to the public. Requests from person with disabilities must be made to the Community Development Department 48 hours in advance of the meeting. 1. CALL TO ORDER/ ROLL CALL Meeting convened at 4:30PM Members present: Bob Boysen, Jon Gardzelewski, Vicki Henry, Jim McGrath, Randy Vickers, Paul Weaver (arrived at 4:40 PM, left at 8:00 PM), Kaye Willis (Chair) Members absent: None There was a quorum present at all times. Council Liaison: Erik Molvar (present) Staff Present: Charles Bloom, David Derragon, Jodi Guerin, Paul Harrison, Randy Hunt, Cody Jennings, Larry Ketcham, Derek Teini, Kathleen Wickersham 2. APPROVAL OF AGENDA AND MINUTES 2-A. AGENDA: Changes and Approval of Agenda. Hunt requested that the agenda item 6-D. TA-12-02, be changed to 6-C. TA-12-02, to correct a typographical error. Agenda was approved as amended. 2-B. MINUTES: Monday, September 24, 2012 Planning Commission Meeting MOTION BY HENRY, seconded by Vickers, to approve the Minutes from the September 24, 2012 Planning Commission meeting as written. Aye: 6 (Weaver absent) Nay: 0 Motion carried. 3. CITIZEN COMMENTS - Non-Agenda Related Topics – No Action Can Be Taken No comments. 4. PLANNING COMMISSION AND STAFF REPORTS AND COMMENTS No comments. 5. DISCLOSURES McGrath stated he was friends with Harry Schlegel, the applicant requesting a conditional use permit (agenda item 6-B. CUP-12-09) for an accessory building exceeding 1000 sq. ft. Commissioner McGrath requested to remove himself from the discussion and decision regarding this matter. Fellow Commissioners approved to allow McGrath to abstain from this agenda item. 6. CURRENT PLANNING PROJECTS City of Laramie Community Development Department P.O. Box C Laramie, WY 82073 Planning: (307) 721-5207 Code Administration: (307) 721-5271 Fax: (307) 721-5248 Engineering: (307) 721-5291 Fax: (307) 721- 5216 TTD: (307) 721-5295 ---PAGE BREAK--- Laramie Planning Commission October 8, 2012 Page 2 of 6 NEW BUSINESS: 6-A. CUP-12-07 2663 Sybille Drive – Accessory Building Jennings presented the staff report. The applicant, Robert C. Routson requested a conditional use permit for construction of an accessory building exceeding 1000 sq. ft., located at 2663 Sybille Drive. Routson addressed the Commission to provide more information on the project. MOTION BY HENRY, seconded by McGrath, to approve the construction of an accessory building exceeding 1000 sq. ft. located at 2663 Sybille Drive and zoned RR (Rural Residential) District, based on findings of fact and conclusions of law and subject to all staff’s recommended conditions. Aye: 6 (Weaver absent) Nay: 0 Motion carried. 6-B. CUP-12-09 2475 Riverside Drive – Accessory Building Jennings presented the staff report. The applicants, Harry and Theresa Schlegel requested a conditional use permit for construction of an accessory building exceeding 1000 sq. ft., located at 2475 Riverside Drive. Harry Schlegel addressed the Commission to provide more information and answer questions. MOTION BY VICKERS, seconded by Henry, to approve a conditional use permit to allow construction of an accessory building exceeding 1000 sq. ft. located at 2475 Riverside Drive and zoned RR (Rural Residential) District, based on findings of fact and conclusions of law and subject to all staff’s recommended conditions. Aye: 6 (McGrath abstained) Nay: 0 Motion carried. OLD BUSINESS: 6-C. TA-12-02 Creation of Technology and Office (TO) Zone District Hunt presented the staff report. The applicant, The City of Laramie, requested a Unified Development Code text amendment creating a Technology and Office Zone District. The new zoning district (15.08.030.L) would provide for the development of a mix of office, research and production and technology uses with the emphasis on office, research uses and technology in campus or park-like settings. Hunt responded to Commissioners’ questions. City staff members David Clark, City Attorney, and Jodi Guerin, Grants Analyst, also addressed the Commission and responded to questions regarding this item. The following citizens spoke on item TA-12-02: Erik Molvar, City Council Liaison Megan Goetz, P O Box 1285, Laramie Neil Harrison, 1711 Beaufort Street, Laramie Donal O’Toole, 2032 Holliday Drive, Laramie Becky Riley, 1065 Arapaho Drive, Laramie Janet Wilkey, 1814 Beaufort Street, Laramie Shane Murphy, 1720 Beaufort Street, Laramie Jerry Devin, 3601 Grays Gables Road, Laramie Tom Henry, 3604 Hayford Avenue, Laramie Karen Wawrasek, 1720 Beaufort Street, Laramie ---PAGE BREAK--- Laramie Planning Commission October 8, 2012 Page 3 of 6 MOTION BY BOYSEN, seconded by Vickers, to recommend the City Council approve amendments to the Unified Development Code as shown in Attachment A providing for a Technology and Office (TO) Zoning District. MOTION BY GARDZELEWSKI, seconded by Vickers, to amend the main motion to include retail (sales) as a conditional use. Aye: 3 Nay: 4 Motion failed. MOTION BY WEAVER, seconded by Boysen, to amend the main motion to change the Data Center in the Office and Technology Use Category from a permitted use to a conditional use. Aye: 2 Nay: 5 Motion failed. MOTION BY MCGRATH, seconded by Vickers, to allow conditional use of coffee shops; restaurants, without drive-in or drive-thru; book and stationary stores; convenience store-with fuel; and office supply stores. Aye: 6 Nay: 1 Motion carried. The vote on the main motion as amended is as follows: Aye: 6 Nay: 1 Motion carried. 6-D. CPA-12-02 Cirrus Sky Comprehensive Plan Amendment Hunt provided an overview of the amendment. The following citizens spoke on item CPA-12-02: Donal O’Toole, 2032 Holliday Drive, Laramie Shane Murphy, 1720 Beaufort Street, Laramie Jodi Guerin, City’s Grants Analyst Neil Harrison, 1711 Beaufort Street, Laramie MOTION BY BOYSEN, seconded by McGrath, to amend the Future Land Use Map (Map 3.2) of the Comprehensive Plan, for an area of approximately 150 acres, from “Suburban Residential” category to “Suburban Commercial”. MOTION BY GARDZELEWSKI, seconded by Henry, to amend the main motion to be subject to the Cirrus Sky grant being awarded and the project moving forward. David Clark, City Attorney suggested that the Comprehensive Plan Amendment be tied to the zoning change and not to the grant being awarded. MOTION BY GARDZELEWSKI, seconded by Henry, to withdraw the amendment to the main motion. MOTION BY GARDZELEWSKI, to amend the main motion to be subject to the Cirrus Sky grant. No one seconded the motion. ---PAGE BREAK--- Laramie Planning Commission October 8, 2012 Page 4 of 6 Amendment failed. The vote on the main motion is as follows: Aye: 7 Nay: 0 Motion carried. 6-E. A-12-02 Cirrus Sky Annexation Hunt stated that 172 – acre area to be annexed consists of three tracts of land: the approximately 149 acre Coughlin property that was reported on in previous agenda items 6-C. TA-12-02, and 6-D. CPA-12-02, along with two additional properties. The Albany County School District owns a 15 acre parcel at the north end of 15th Street, and Rawstone Development owns an approximately 8-acre area located north-northeast of 22nd Street. Both landowners as well as Mr. Coughlin are supportive of the annexation. It is necessary to annex the other two properties at the same time as Coughlin’s, as Wyoming Statutes do not allow leaving “donut holes” of unannexed County land surrounded by the City. MOTION BY HENRY, seconded by Weaver, to recommend approval to the City Council of the petition for annexation of approximately 172 acres of land, based on findings of fact and conclusions of law and subject to all staff recommendations. Aye: 7 Nay: 0 Motion carried. 6-F. Z-12-04 Cirrus Sky Zoning Hunt provided the staff report. The applicant, the City of Laramie has requested a zoning change for 172 acres of property to be zoned R1 (single Family Residential), O (Open) and TO (Technology and Office) Districts. The property is generally located north of City Limits, east of the future extension of 15th Street and west of the future extension of 30th Street. MOTION BY WEAVER, seconded by Vickers, to recommend approval to the City Council of the application to zone approximately 172 acres of newly annexed property, to R1 (Single- Family Residential), O (Open) and TO (Technology and Office), based on findings of fact and conclusions of law. MOTION BY GARDZELEWSKI, seconded by Henry, to amend the main motion to be contingent on receiving the Cirrus Sky grant. Aye: 6 Nay: 1 Motion carried. The vote on the main motion, as amended, is as follows: Aye: 7 Nay: 0 Motion carried. Willis, Planning Commission Chair, called a 10 minute break at 7:32 PM. Meeting reconvened at 7:42 PM. 6-G. CPA-12-01 Southeast of the Intersection of Garfield & 30th Streets: Amendments to future Land Use Plan and Development Limitations Map [Remanded to the Planning Commission for re-review] ---PAGE BREAK--- Laramie Planning Commission October 8, 2012 Page 5 of 6 Bloom highlighted the project information from the August 27, 2012 staff report. In addition, he stated that this agenda item was remanded back to the Planning Commission from the City Council for re-evaluation and clarification of findings of fact. Weaver declared a conflict of interest and recused himself from the discussion and decision regarding the agenda items 6-G. CPA-12-01. Fellow Commissioners approved to allow Weaver to recuse himself from this agenda item, and Weaver left the meeting at 8:00 PM. The following citizens spoke on item CPA-12-01: Marion Paxton, 2621 East Sheridan Street, Laramie Tom Fleener, P.O. Box 913, Laramie Sue E. Lowe, 405 South 30th Street, Laramie Christine Stibbens, 1415 LaPrele, Laramie John Burman, E. Garfield, Laramie Margaret Arth, 2621 Sheridan Street, Laramie William Streib, 2621 East Sheridan Street, Laramie Donal O’Toole, 2032 Holliday Drive, Laramie William Bird, 1713 Downey Street, Laramie Marcia Gladstone, 2621 East Sheridan Street, Laramie Attorney Phil Nicholas, 170 North 5th Street, Laramie, representing the applicants, spoke on behalf of the project and amendment, and responded to citizen questions and concerns. MOTION BY HENRY, seconded by McGrath, to deny a request to amend Development Limitations Map (Map 7.3) because “we need more evidence from experts to prove the existence of the ridgeline and floodways that are outlined on the map”. Aye: 3 (Weaver absent) Nay: 3 Motion failed. MOTION BY BOYSEN, seconded by Vickers, to approve amending the Land Use Plan Amendment from “Park/Open Space” and “Suburban Residential” categories to “Auto-Urban Multifamily” for an area approximately 17 acres in size, based on finding of fact for the reasons given in the staff report. Aye: 3 (Weaver absent) Nay: 3 Motion failed. As neither motion received the required absolute majority of four votes, the Planning Commission’s original Aug. 27 recommendation for denial remained standing. 7. LONG RANGE PLANNING PROJECTS No items 8. VARIANCES (sitting as Board of Adjustment) No items 9. ADJOURNMENT MOTION BY VICKERS, seconded by Gardzelewski, to adjourn the meeting. ---PAGE BREAK--- Laramie Planning Commission October 8, 2012 Page 6 of 6 Aye: 6 (Weaver absent) Nay: 0 Motion carried. Meeting adjourned at 9:33 PM. VALIDATED: Kaye Willis, Planning Commission Chair Date Kathleen Wickersham, Planning Commission Secretary and Clerk Date