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| DATE:
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1/20/2015 7:00:00 PM |
| SUBJECT: |
| An Ordinance to Amend the District Zoning Map of the City of Gillette, Wyoming, for Property Generally Located at 3000 Lakeway Road and Legally Described as Tract A, Moonshiner Estates II, Phase I with Three (3) Parcels from R-R, Rural Residential District to R-1, Single Family Residential District, and Two (2) Parcels from R-R, Rural Residential District to R-S, Suburban Residential District, Subject to all Planning Requirements. |
| BACKGROUND: |
Ordinance second reading: 7/0
Ordinance first reading: 6/1
Item Tabled at December 18th Meeting. Second reading scheduled for January 6, 2015.
The owners are seeking approval of a Zoning Map Amendment in order to re-zone several parcels of land for future incorporation into adjacent lots and for estate planning purposes. The vacant property is located east of Moonshiner Lane and west of Skyline Drive and is part of Moonshiner Estates II, Phase I. The plat was recorded in 2004 and established Tract A. At the time, the developers proposed a private conservation easement for Tract A which would keep the land as open space. Due to the inability to find a non-profit organization to accept the land, the owners are now attempting to incorporate some of the land into the adjacent lots. In order to propose a subdivision to incorporate the land into other lots, the zoning designation needs to be consistent. The goal of this re-zoning request is to make the zoning consistent across the existing lots and the land area to be included into the existing lots. There is no development planned with the re-zoning request and there will be no new commercial or residential development as stated by the applicant. The applicant intends to place restrictions on the property limiting the use to accessory structures and open space only.
The applicant has approached City Council about gifting the 9.36 acre triangular shaped property to the City. The owner originally requested this parcel to be re-zoned C-1, General Commercial District, however modified the request to R-S, Suburban Residential District on October 23, 2014. There are also three (3) parcels that are proposed as R-1, Single Family Residential District from R-R, Rural Residential District and one (1) additional parcel proposed as R-S, Suburban Residential District from R-R, Rural Residential District. If the re-zoning request is approved, the applicant will be required to submit a subdivision plat to enlarge the existing lots.
An amendment to the Zoning Map shall not take place unless at least one (1) of two (2) criteria exists as set forth in Section 12 of the City of Gillette Zoning Ordinance.
a. The Zoning Map may be amended when there is a need to correct an obvious error. In this case there is no obvious error.
b. The Zoning Map may be amended to recognize changing conditions within the City. This request does recognize changing conditions as the conservation easement was not completed as planned. In order to enlarge the existing lots in the area, the re-zoning is necessary as the City does not allow one (1) parcel with two (2) different zoning designations.
Section 12 of the City of Gillette Zoning Ordinance also provides for a minimum size land area of ten (10) acres for the R-S, Suburban Residential District and the R-1, Single Family Residential District. This request meets the minimum size requirements for all of the proposed zoning districts by connecting to similarly zoned land in the City.
The Planning Requirements associated with this case are attached for reference. |
| SUGGESTED MOTION: |
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I move for Approval of an Ordinance to Amend the District Zoning Map of the City of Gillette, Wyoming, for Property Generally Located at 3000 Lakeway Road and Legally Described as Tract A, Moonshiner Estates II, Phase I with Three (3) Parcels from R-R, Rural Residential District to R-1, Single Family Residential District, and Two (2) Parcels from R-R, Rural Residential District to R-S, Suburban Residential District, Subject to all Planning Requirements on Second Reading.
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| STAFF REFERENCE: |
MAP
Dustin Hamilton, P.E., Development Services Director |
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