Planning & Zoning Commission Meeting Agenda

Home , Wilkins Peak

Planning & Zoning Commission Meeting Agenda November 15, 2017 6:30 p.m., City Hall Council Chambers

CALL TO ORDER

ROLL CALL

AGENDA Review and acceptance of the November 15, 2017 meeting agenda.

ACCEPTANCE Accept staff reports, documents and correspondence into the meeting record.

MINUTES

1) Review and acceptance of the October 11, 2017 meeting minutes. (Report Packet Page 2)

PETITIONS AND COMMUNICATIONS

1) Written Petitions and communications from the floor.

BOARD OF ADJUSTMENT PUBLIC HEARINGS

1) Variance Public Hearing on the question of authorizing a corner setback variance, filed by Joe Killpack, New Peak Land Development, 685 Lynn Court, Green River, Wyoming. (Report Packet Page 11)

PLANNING & ZONING COMMISSION PUBLIC HEARINGS

1) None

NEW BUSINESS

1) None

OLD BUSINESS

1) None

REPORTS AND COMMUNICATIONS FROM STAFF

1) October 2017 Reports (Report Packet Page 27)

ADJOURNMENT

City of Green River Community Development Department

nd 50 East 2 North, Green River, Wyoming 82935 Phone: 307-872-6140 P&ZFax: Report 307 Packet-872 -Page0510 1

PLANNING & ZONING COMMISSION MINUTES (Serving as the Board of Adjustment) October 11, 2017 6:30 p.m. City Hall Council Chambers

MEMBERS PRESENT: Commissioner Mike Brown, Chair; Commissioner Joe Killpack, Vice-Chair; Commissioner Michael Stulken; Commissioner Tina Semon; Commissioner Scott Travis; Commissioner Tim Knight; Commissioner Karl Bozner

MEMBERS ABSENT: None

ALSO PRESENT: Julie Peabody, Digital Skylines, Inc.; Megan Johnson, Property Owner; Laura Leigh, Director of Community Development; Yvonne Castillo, Recording Secretary

CALL TO ORDER Chair Brown called the meeting to order at 6:30 p.m.

ROLL CALL After roll call it was determined there was a quorum present to proceed.

AGENDA 1) Review and acceptance of the October 11, 2017 meeting agenda.

Commissioner Travis moved to approve the agenda for October 11, 2017. Commissioner Semon seconded the motion. Motion carried. (7-0)

ACCEPTANCE OF CORRESPONDENCE AND STAFF REPORTS 1) Acceptance of all correspondence and staff reports into the record.

Commissioner Travis moved to approve all correspondence and staff reports into the record. Vice Chair Killpack seconded the motion. Motion carried. (7-0)

MINUTES

1) Review and acceptance of the August 9, 2017 meeting minutes.

P&Z Report Packet Page 2 Planning & Zoning Commission Minutes October 11, 2017

Vice Chair Killpack moved to approve the minutes of August 9, 2017. Commissioner Semon seconded the motion. Motion carried. (7-0)

PETITIONS AND COMMUNICATIONS 1) None

BOARD OF ADJUSTMENT PUBLIC HEARINGS 1) Variance Public Hearing on the question of authorizing a side setback and height variance, filed by Verizon Wireless c/o Digital Skylines, 1 Pleasant Way, Green River, Wyoming.

Chair Brown said the proceedings of this meeting are being recorded. The board will keep a record of the proceedings in its office and copies will be made available to any party at cost. The board will provide a written decision within thirty days of this hearing. A vote in favor of four (4) members of the board is required for approval of a variance. Decisions of the board may be appealed to the District Court in accordance with the applicable provisions of the Green River City Zoning Ordinance, State Statues and Rules of Appellate Procedures. All witnesses must be sworn in before testifying.

Chair Brown swore in all members of the audience.

Chair Brown requested that each board member who has personally inspected the property identify themselves on the record and generally describe when and how they viewed the property. Each board member should also disclose the details of any conversations with the applicant or any adjoining property owners.

Chair Brown said I drove by the property this morning and I spoke with no one.

Vice Chair Killpack said I have driven by the property but not recently.

Commissioner Stulken said I drove by the property not recently and I spoke with no one.

Commissioner Semon said I drove by the property today and I spoke to no one.

Commissioner Travis said I drove by the property this morning and I spoke to no one.

Commissioner Knight said I drove by the property today and I spoke with no one.

Commissioner Bozner said I drove by the property today and I spoke with no one.

Chair Brown said we are here to rule on a request of a specific variance and all discussions should center on this issue.

Ms. Leigh said the petitioner, Verizon Wireless c/o Digital Skylines, Inc., is seeking consideration and approval of a side setback variance and a structural height variance for the construction of a new 100’ monopole to be located at 1 Pleasant Way, Green River, Wyoming.

Page 2 of 9

P&Z Report Packet Page 3 Planning & Zoning Commission Minutes October 11, 2017

The property is zoned I-1 (Light Industrial). Pursuant to Appendix B, Section 5.3(4) of the City of Green River Code of Ordinances, the side yard setback in an I-1 Zoning District shall be a minimum distance of fifteen (15) feet from the side property line, plus one (1) foot additional setback for every one (1) foot of height over thirty-five (35) feet. The proposed monopole will be set back from the northern side property line (adjacent to property owned by Questar Pipeline, Co.) a distance of twenty-eight (28) feet, thereby requiring a setback variance of fifty-two (52) feet. Pursuant to Appendix B, Section 5.3(6) of the City of Green River Code of Ordinances, the maximum height of structures within the I-1 zoning district is fifty (50) feet. The proposed monopole height is 100 feet, thereby requiring a height variance of fifty (50) feet. In the past, the City of Green River has permitted cellular towers within the city by considering them as utilities and antennas, thereby, not needing to follow the height restrictions of the zoning district. The petitioner, however, has requested a formal decision for the acceptance of the proposed facility.

Ms. Leigh said there are certain things cities cannot regulate when it comes to cell towers. Any health safety issues those are all regulated through the Federal Communication Commission (FCC). We are strictly looking at this from a point of view of is this an acceptable location for this tower of that height to be going there. Ms. Peabody is here and she can give you information about the request.

Ms. Peabody said I work for a company called Digital Skylines we do site acquisition on behalf of Verizon Wireless. It is my job to go out and find locations that are suitable for cell towers. There is an increasing demand for wireless services. In 2016 data traffic reached an all-time high of 13.72 trillion megabytes, an increase of 4.0 trillion megabytes a 142% over 2015 that is a trend that is expected to continue if not grow. In 2021 video will account for around 70% of mobile data traffic. Just over half (50.8%) of American households only have mobile voice connection they no longer have landlines, 76% of 911 calls originate from a cell phone, 75% of perspective home buyers prefer strong cellular connections. There used to be concern that having a cell tower near your home would devalue the property studies have shown the exact opposite. If you don’t have strong cellular connection in your area people don’t want to be there. By 2020 more than 34 billion internet connected devices will be installed globally that is more than four (4) devices for every human on earth. With ever increasing demands for data from our citizens, business emergency service providers and tourists from wireless facilities already in place, these facilities are becoming saturated. The problem is similar to having thousands of people trying to push through a regular size door all at once. The solutions are to build wider doors, existing site modification and adding more doors to new sites. We are going to talk about both tonight one is an existing site and one is a new site. This site the old Lincoln Highway is equivalent of opening two (2) doors. Traffic increase without adding capacity is going to cause in Green River to degrade without a solution. Proximity to traffic plays a role in making the solution as effective as possible. New sites are now frequently being located in the neighborhood they serve in order to be effective. If you can think about a site as having an umbrella the higher you hold it the more area you cover. We try to cover the maximum amount we can to service a broader area. The new site will increase data capacity for users in the City of Green River. The proposed parcel is zoned I-1. Wireless communication sites are considered essential public utility installations and are permitted in the I-1 zone. Wireless technology requires line of sight, if you can’t see it, it doesn’t work. Radio-frequency (RF) engineers of

Page 3 of 9

P&Z Report Packet Page 4 Planning & Zoning Commission Minutes October 11, 2017

Verizon Wireless have determined that a 100’ center line for the antennas is necessary in order to provide the coverage and capacity necessary in Green River. Placement of the tower next to an electric substation and away from street frontage allows the tower to visually blend in with the other structures, the power structures. The tower has been placed on the side of the parcel furthest away from any residential areas. Placement of the tower does not interfere with any existing sewer lines or easements on the property. Here is a picture of a 100’ monopole in Idaho that is what we have proposed here. The next picture is an option it is a lattice or self-support. We are willing to do either, whatever is your preference, we are flexible. Most people prefer the monopole because it has a smaller footprint and is visually more pleasing.

Ms. Leigh said I would like to add one thing to Ms. Peabody’s report she was one of the instigators on moving forward with our revised ordinance. I worked with her for two (2) months at least multiple times to find an area in Green River that was zoned Industrial. Other areas were more intrusive like residential zones, commercial zones and the flood plain. This was one spot we found. She did work with the city to try to find the most appropriate location for this. The property that would be impacted the most would be the Questar right-of-way property and they did not submit any comments.

Commissioner Knight asked what kind of coverage does this give Green River versus another location like Mansface Hill for example. Ms. Peabody said you will need both. The data usage is exploding. It works on a line of sight. This will cover the vicinity around the parcel there. The Mansface Hill tower that we are proposing, we are already up on a tower there, in order to get the latest, greatest and new equipment up on that tower it won’t structurally support it. We have looked at all different options of doing a drop and swap and putting a new tower in. The most feasible way to do it is to put in an entirely new tower because of the foundation. The Mansface Hill tower is going to continue to cover what is already there and it is going to have increased capacity but it is not going to cover a significantly bigger area. It is like taking the same door and widening it as much as we can with the new equipment.

Vice Chair Killpack said you are requesting to put in one cell tower and you would like to replace a different one. What are you seeing as the future for these cell towers? I am thinking that we approve this one then where do we go because we are going to need more based on the data we are showing. Ms. Peabody said yes there are a lot of options for the future. There is new technology that will increase so as technology improves we can swap out on a tower like that, the antennas which is what we tried to do on Mansface Hill. We can swap out the antennas for the newer models sometimes those are smaller or bigger depending on what they are trying to do. There is a trend also looking at small cells that go on a light post and those are spot solutions that help in a small area to get the traffic to a big tower where then it will go down to fiber. If the data usage continues to grow we are going to have to figure out to cover better with less towers ultimately at this point that is what we are going to need to have.

Vice Chair Killpack said we are trying to figure out what is the best solution. How would it work if you were to put a cell tower up on top of Wilkins Peak? Would we not get more coverage for the City of Green River? Ms. Peabody said I cannot answer that because I do not know where Wilkins Peak is. What I have been given is a search range by Verizon done by the RF engineers and they have a propagation map. They look at where the majority of usage is and try and locate

Page 4 of 9

P&Z Report Packet Page 5 Planning & Zoning Commission Minutes October 11, 2017 as close as we can to there without being in a residential area or a flood plain where it is not zoned. This was an area that would work for all that. I worked with Ms. Leigh and there was some other areas we tried but the zoning would not allow it. Ms. Leigh said Green River is very difficult to work with on things like this because the majority of our land is residential and we have a very limited business district. The business district we have, a lot of it is downtown where you don’t want to see a 100’ tower in the middle of your downtown. It is hard to find land to work with and provide the services the residents expect in this town. Ms. Peabody said the tower will be built to support co-locators. We work with the other cell providers nationally and locally to allow co-location on any of our towers. It will be built to support additional carriers.

Chair Brown said you present a lot of facts about how everything is growing exponentially as far as data usage. What do you see as the lifespan of this structure as far as when will it be obsolete? How long will this be here and functional? Ms. Peabody said our lease will be a five (5) year lease with four (4) automatic five (5) year extensions. We expect it will be there twenty-five (25) years. Technology is growing and changing. They are designing antennas now for antennas that haven’t even been created yet but the technology is there. I cannot answer that question because I do not know. We try and limit how many towers we need but we also need to meet the needs of the public.

Ms. Leigh said it is hard to find a process that this fits into because we don’t have a process for cell towers yet. In a lot of communities it wouldn’t be a variance it would be a height exception which we don’t have in our ordinance. The new ordinance is creating more of a special use permit process for height exceptions.

Vice Chair Killpack said upon finding that the all of the conditions required under the City of Green River Code of Ordinances, Appendix B, Section 12.3.(B) are satisfied, I move to approve, the side yard setback variance of 52 feet and a height variance of 50 feet, for the construction of a new 100’ monopole to be located at 1 Pleasant Way, Green River, Wyoming, as presented on the submitted site plan and construction drawings. Commissioner Travis seconded the motion. Motion carried. (7-0)

PLANNING & ZONING COMMISSION PUBLIC HEARINGS 1) None

NEW BUSINESS 1) Request for Bronze Belt Overlay - Special Use Permit approval for the construction of a 100’ monopole cellular tower with outdoor accessary equipment located on Mansface Hill, filed by Verizon Wireless c/o Digital Skylines.

Ms. Leigh said this is a special use permit because it is located in the Open Zoning District which allows public utilities. There are already numerous cell towers up there but Mansface is located in the Bronze Belt Conservation Overlay District which is an overlay of the majority of the bluffs around Green River. The reason the language was put in the zoning ordinance in the past was to review developments to make sure they are not going to adversely impact the natural

Page 5 of 9

P&Z Report Packet Page 6 Planning & Zoning Commission Minutes October 11, 2017 environment, the views and wildlife. As Ms. Peabody already mentioned the reason for the upgrade, they are already located on Mansface Hill but the existing tower won’t accommodate the needs to upgrade the tower so it is more economical and feasible for them to build a new tower. There are some access issues that are getting worked out with Green River Livestock. I don’t think it is going to impact them, just the towers in general up there. This is a design issue tonight. The access is handled through the Development Review Committee (DRC) that we had last week so those items they are continuing to work with. This is located on city property so this will not be going to city council for their final approval until the lease is arranged and agreements are made and we will take it all to city council at the same time. The Planning and Zoning Commission is a recommending board on this so you will provide a recommendation to city council and then it goes to city council for approval by resolution.

Ms. Peabody said we are on an existing tower up on Mansface Hill. We have tried everything to upgrade that tower and to make it work so we can keep our equipment on there. It simply isn’t working or feasible to go on another tower that is up there so we would like to put in an additional tower. We have an existing access agreement between Green River Livestock and Verizon Wireless and we have spoken with them and will utilize it. I know there have been some issues with people going up there and using a different easement than they are supposed to. I believe we are actually using the correct easement and we do have the legal right to use that. We had to adjust the site and moved it 6’. We weren’t quite having interference with the combined communication center site on Mansface Hill but it was close. I talked with Mr. David Halter and we went ahead and moved. We moved our site and I sent him our plans and we are all good. There shouldn’t be any interference that way on either end. We have proposed a monopole again because in our opinion it is less visually unattractive. We can do either one. We aim to please. We could do a monopine up there if that would make people feel more comfortable but it will look ridiculous because there are not a lot of trees up there.

Ms. Megan Johnson said I am one of the residents below that site and I want to know if you will be removing the previous pole. Ms. Peabody said we don’t own the previous pole.

Ms. Johnson said I know you will be building a new pole and I am worried about the safety part of it. Do you have any control under that or any answers for that? Ms. Peabody said yes the FCC has done all the studies and we meet all their guidelines about radio frequency emissions.

Ms. Johnson asked are there going to be frequent tests done to make sure the radio frequency emissions stay within the proper range at ground level. Ms. Peabody said yes it is maintained monthly to make sure everything is working as it should.

Ms. Johnson asked as it is being constructed what kind of special precautions will be taken to ensure that nothing will be coming down the hill into residences homes. We have had boulders Page 6 of 9

P&Z Report Packet Page 7 Planning & Zoning Commission Minutes October 11, 2017 roll down. Ms. Peabody said I assume they are going to be as safe as possible. When we do the construction we meet or exceed every local, state and federal guideline and get all the permits required.

Ms. Johnson asked is it possible for this request not to happen at this site. How does that work? Ms. Leigh said I would like to advise the commission that cities by federal law cannot make decisions based on safety concerns. It is regulated through the FCC very thoroughly. We have no rights to be even discussing safety issues at this meeting or at the city council meeting. This board only gives a recommendation. This board does not approve the request. It goes to city council and city council has to first approve the lease because it is on city property and then they make the final decision. In order to deny it they have to have reasons why.

Chair Brown asked would the plans to construct this go through the normal city processes as far as plan review. Ms. Leigh said yes it has, that is where the comment came up with the interference with the joint dispatch center was through our development review process. It is permitted through the International Code Council (ICC) as far as construction in addition to that they have to be in compliance with the FCC, we do not have any involvement with any of those requirements. There has to be a legal reason why to not approve the cell tower. The city has final say since it is on city property. The city council might say, “no we do not want any more cell towers up there,” that is through the lease agreement portion of this.

Vice Chair Killpack said you are proposing to put up a 100’ tower. Would this be the tallest tower on Mansface Hill? Ms. Peabody said I don’t know. I don’t think it is much taller. I don’t think the rest of them are 30’ and we are going that much taller. They give me a request; this is the height at which we need to be based on the propagation maps. This will be built structurally sound to support additional carriers.

Vice Chair Killpack asked do you know anything of the towers heights up there right now Ms. Leigh? Ms. Leigh said the only one I know of that is newer is the police department. They had a special use permit granted to them in 2013. It is a tall one too but I don’t know if it was 80’ or a 100’.

Commissioner Semon said I move to recommend approval of the Special Use Permit, filed by Verizon Wireless/Digital Skylines, for the construction of a 100’ monopole cellular tower and outdoor accessory equipment located within the Bronze Belt Conversation Overlay District, as shown on the submitted plans. Vice Chair Killpack seconded the motion. Motion carried. (7-0)

OLD BUSINESS 1) Tabled on 4/12/17 – To be Un-tabled - Consideration of amendments to the Green River Code of Ordinances, Appendix B (Zoning), for the addition of regulations pertaining to Wireless Telecommunication Facilities Page 7 of 9

P&Z Report Packet Page 8 Planning & Zoning Commission Minutes October 11, 2017

Commissioner Travis moved to un-table the consideration of amendments to the Green River Code of Ordinances, Appendix B (Zoning), for the addition of regulations pertaining to Wireless Telecommunication Facilities. Commissioner Semon seconded the motion. Motion carried. (7- 0)

Ms. Leigh said Community Development has received several inquiries regarding the placement of cell towers within the city. Currently, the Green River Zoning Ordinance does not have any language that is specific to the construction of Wireless Telecommunication Facilities (WCF). In the past, the city has permitted WCF’s (or cell towers) as utilities and antenna which are exempt from setbacks and height restrictions. This was not an issue until now because all previously allowed WCF’s were located on publically owned and/or industrial zoned lands (such as Mansface, the Joint Communications property, and the railroad’s property). Now, however, communication companies are looking at areas that are zoned residential and commercial. Wireless Telecommunication Facilities (WCF) fall under the jurisdiction of federal laws, which significantly limit the local government’s regulatory ability regarding WCF’s. The first being the Federal Telecommunications Act of 1996. Under federal law, a local agency’s decisions cannot have the effect of prohibiting the provision of wireless service or unreasonably discriminate among wireless service providers. In addition, local governments may not regulate the placement, construction or modification of wireless communications facilities on the basis of the environmental effects of radio frequency (RF) emissions, so long as the facilities comply with the Federal Communications Commission (FCC) regulations concerning such emissions. Lastly, any denial of a request for wireless installation must be in writing and supported by substantial evidence. In 2009 the FCC issued the “Shot Clock” ruling (which was upheld on May 20, 2013 in the case of City of Arlington, VA v. FCC, No. 11-1545) which defines a “reasonable period of time” for local governments to make decisions on WCF applications. The ruling is that there is a 150 day approval/denial period for new facilities and a 90 day approval/denial period for co-location facilities. Furthermore, local governments cannot reject a WCF simply because another carrier(s) serves the area. The more recent federal law governing WCFs is Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. §1455), and is more commonly call the “Spectrum Act”. This Act requires governments to approve applications that modify existing WCF’s providing that they do not substantially alter the existing facility. Although these Federal Laws greatly restrict what a City can regulate, for now, cities still retain the ability to regulate aesthetic issues including height and setbacks.

Ms. Leigh said a first draft was presented at the April 12, 2017 Planning and Zoning Commission. I did more research on it since then including small cell and distributed-antenna systems (DAS) language. Originally I was going to do the ordinance and then come back with changes after communities came out with language regarding small cells and DAS. The City of Cody adopted some so I was able to borrow some of their ordinances and incorporate them into the one we have here. Once the ordinance is satisfactory to the Planning and Zoning Commission, the commission will need a formal recommendation to forward the ordinance on to the governing body for public hearing and three (3) ordinance readings.

Ms. Leigh presented the second draft to the commission.

Discussion was had regarding the draft ordinance. Page 8 of 9

P&Z Report Packet Page 9 Planning & Zoning Commission Minutes October 11, 2017

Vice Chair Killpack said I recommend to forward the amendments of the Green River Code of Ordinances, Appendix B (Zoning), for the addition of regulations pertaining to Wireless Telecommunication Facilities to the city council. Commissioner Travis seconded the motion. Motion carried. (7-0)

REPORTS AND UPDATES FROM STAFF 1) September 2017 Reports

Discussion was had of moving November’s regularly scheduled meeting from November 8, 2017 to either November 1, 2017 or November 15, 2017. The commission came to a consensus that either date would work.

(Note: The foregoing is intended as a general summary of the proceedings before the Commission. It is not a verbatim transcript of the taped proceedings. Digital recordings are maintained in the Community Development Department).

ADJOURNMENT Commissioner Travis moved to adjourn the meeting at 7:50 p.m. Commissioner Knight seconded the motion. Motion carried. (7-0)

______Chair Date

______Secretary Date

Page 9 of 9

P&Z Report Packet Page 10

Planning & Zoning Commission Staff Report November 15, 2017 Agenda Item: BOA Public Hearing 1

CASE NUMBER: 2017-0023

PETITIONER/OWNER: Joe Killpack/ New Peak Land Development

PURPOSE: Authorization of a Corner Setback Variance

ZONE LOT DESCRIPTION: Lot 1, Lynn Subdivision

LOCATION: 685 Lynn Court

ZONING: R-2 (Single Family Residential)

CURRENT USE: Vacant

EXHIBITS: A Location Map B Zoning Map C Application D Site Plan E Public Hearing Notice F Copy of sign posted on property G Adjacent Property Letter

DISCUSSION:

The petitioner, Joe Killpack, is requesting consideration to authorize a corner setback variance of 2.0 feet for the construction of a new single family dwelling with attached three car garage, located at 685 Lynn Court, Green River, Wyoming.

Pursuant to Appendix B, Section 2.3.7 of the City of Green River Code of Ordinances, the corner yard setback in an R-2 Zoning District shall be a minimum distance of 15 feet from the corner property line. The petitioner is requesting to locate the new home thirteen (13) feet from the corner property line, thereby requiring a variance of two (2) feet.

The property is currently vacant. The Lynn Subdivision was platted recently in 2015-2016 by New Peak Land Development, LLC. All lots within this subdivision comply with the current R-2 zoning district lot size requirements of 60 feet wide by 100 deep.

P&Z Report Packet Page 11 Corner lots require a 20 foot front setback, a corner setback of 15 feet, a rear yard setback of 15 feet, and an interior setback of 7.5 feet. To accommodate for the extra setback requirements for corner lots during the design of a subdivision, Section 8.c.(6) of the Green River Subdivision Ordinance (Appendix C of the City of Green River Code of Ordinances) states “Corner lots for residential uses shall have extra width to allow for a property setback from both streets.” The lot in question meets this criterion by exceeding the minimum lot width requirement by 10 extra feet. The lot is 70 feet wide. The lot also exceeds the minimum lot area requirement by 2,719 square feet. The minimum lot area of an R-2 zoned lot is 6000 square feet. The lot in question is 8,719 square feet.

The petitioner desires to construct a single family dwelling with an attached three car garage. As shown on the attached site plan, the structure would fit within the required setbacks if the garage size is reduced.

MINIMUM CONDITIONS FOR A VARIANCE:

Each variance authorized shall not be personal to the applicant but shall apply to the specific use or structure for which the variance was granted and shall run with the land. In accordance with the City of Green River Code of Ordinances, Appendix B, Section 12.3(B), no variance shall be authorized unless the board shall find that all of the following conditions exist:

1) That the variance will not authorize a permitted use other than those enumerated in the zoning district in which the variance is sought.

2) That owing to extraordinary circumstances or conditions relating to the land or building for which the variance is sought, literal enforcement of the provisions of this ordinance will result in unnecessary hardship and deprive the applicant of a reasonable use of his land or building.

3) That the extraordinary circumstances were not created by the owner of the property and do not represent a general condition of the district in which the property is located.

4) That the variance, if granted, will not substantially or permanently injures any adjacent, conforming property.

5) That the variance will not alter the character of the district in which it is located.

6) That the variance, if granted, will not result in an extraordinary gain in use, service or income for the property when compared with adjacent, conforming uses in the same district.

7) That the variance, if granted, is the minimum variance and the least modification that will afford the relief sought.

8) That the variance will be in harmony with the spirit of this ordinance and will not adversely affect the public health, safety or welfare.

P&Z Report Packet Page 12 Please review the attached application for the petitioner’s responses for how these required criteria are satisfied.

PUBLIC COMMENT:

A Public Hearing Notice was published in the Green River Star on Wednesday, November 1, 2017 and Wednesday, November 8, 2017. A sign was posted on the property in compliance with Appendix B, Chapter 12, Section 12.4(A). In addition, to ensure proper notification to nearby property owners, on November 1, 2017, notification letters were mailed to all property owners within 200’ of the subject property. Interested parties or persons were invited to attend the public hearing.

SAMPLE MOTIONS:

Approval:

“Upon finding that the all of the conditions required under the City of Green River Code of Ordinances, Appendix B, Section 12.3.(B) are satisfied, I move to approve the corner setback variance of 2 feet for the construction of a new single family residential structure, as presented on the submitted site plan.

Denial:

“I move that the Board deny the petitioner’s variance required since the proposed corner setback variance does not meet all eight conditions under the ordinance, particularly….”

PLEASE NOTE: If the Board chooses to deny the requested variance, please list the specific variance conditions that the board determines are not met as these are necessary for the preparation of the Findings of Fact and Conclusions of Law.

P&Z Report Packet Page 13 EXHIBIT A – LOCATION MAP

P&Z Report Packet Page 14 EXHIBIT B – ZONING MAP

P&Z Report Packet Page 15

Application for Zoning Variance

Community Development Department 50 East 2nd North, Green River, WY 82935 _____ PH: (307) 872-6140 Fax: (307) 872-0510 www.cityofgreenriver.org

PETITIONER* PETITIONER REPRESENTATIVE (IF ANY) Name Name

Mailing Address Mailing Address ______CASE #: ______Date: Hearing

______Contact Phone: Contact Phone:

FAX: FAX:

Email: Email:

* Report additional petitioners or disclose other co-owners on supplemental form. Failure to divulge other beneficial interest owners may delay processing of this application.

______#: Receipt ______Letters: Property

PROPERTY INFORMATION Property Address (list all addresses if multiple):

Legal Description: ______Zoning District: Acreage/Square Feet):

Existing Use:

Proposed Use: ______Collected: Fees Sign: Property

DESCRIPTION OF VARIANCE REQUEST

Variance Requested: (Check all that apply) ______

Front Setback Required: Proposed: _____

Rear Setback Required: Proposed:

Side Setback Required: Proposed:

Corner Setback Required: Proposed: ______Submitted: ate D Notice: Hearing

Building Height Required: Proposed:

Lot Coverage % Required: Proposed:

Briefly describe the Variance Request: STAFF USE ONLY: USE STAFF

P&Z Report Packet Page 16

VARIANCE REVIEW CRITERIA

A variance is permission granted by the Board of Adjustment to depart from a dimensional requirement of the Green River Zoning Ordinance. Variances are allowed to relieve a property owner who, because of property characteristics beyond his or her control, is unable to meet a dimensional requirement of the Zoning Ordinance. The Board of Adjustment may ONLY grant a variance if the Board finds that ALL of the eight (8) standards are satisfied. Each standard must have a response in as much detail as it takes to explain how your property’s condition satisfies the standard. The burden of proof rests with the petitioner. Use additional paper if needed and refer to the attached “Guide: Preparing a Variance Request” for assistance in responding to each standard.

1. The variance will not authorize a permitted use other than those enumerated in the zoning MEETING DATE: ______DATE: MEETING district in which the variance is sought.

EXPLAIN:

_____

2. Owing to extraordinary circumstances or conditions relating to the land or building for which the variance is sought, literal enforcement of the provisions of this ordinance will result in unnecessary hardship and deprive the applicant of a reasonable use of his land or building. ______CASE #:

EXPLAIN:

______

3. The extraordinary circumstances or conditions were not created by the owner of the property and do not represent a general condition of the district in which the property is located. : : ______

EXPLAIN:

Petitioner

STAFF USE ONLY: USE STAFF

P&Z Report Packet Page 17

4. The variance, if granted, will not substantially or permanently injure any adjacent, conforming

property.

EXPLAIN:

MEETING DATE: ______DATE: MEETING

5. The variance will not alter the character of the district in which it is located.

EXPLAIN:

_____

______CASE #:

6. The variance, if granted, will not result in an extraordinary gain in use, service or income for the property when compared with adjacent, conforming uses in the same district.

EXPLAIN:

______

7. The variance, if granted, is the minimum variance and the least modification that will afford the : ______relief sought.

EXPLAIN: Petitioner

STAFF USE ONLY: USE STAFF

P&Z Report Packet Page 18

8. The variance will be in harmony with the spirit of this ordinance and will not adversely affect the public health, safety or welfare.

EXPLAIN:

______DATE: MEETING

SUBMITTAL REQUIREMENTS Before submitting an application to the City of Green River, please check with the Community Development Department to verify all essential information for review is present. Incomplete applications will not be _____ processed and will delay the review process.

REQUIRED:

Application Fee: $200

Completed Application (including detailed review criteria responses)

Site Plan drawn to scale (Refer to the “Guide: Preparing a Variance Request”). Site plans that are lacking detail or pertinent information will delay the review process. ______CASE #: OPTIONAL (RECOMMENDED): Photographs

Building Elevations

Building Floor Plans (to scale)

As-built Survey prepared by a Wyoming Licensed Surveyor

Adjacent property owner letters of support.

______APPLICATION SUBMITTAL: I hereby certify that (I am)(I have been authorized to act for) the owner of the property described above and that I am petitioning for a variance in conformance with Appendix B of the City of Green River Code of Ordinances. I understand that payment of the application fee is nonrefundable and is to cover the costs associated with processing this application, and that it does not assure approval of the variance. I understand that the burden of evidence to show

compliance with the variance standards rests with me, the applicant. I also understand that assigned hearing dates are : ______tentative and may have to be postponed by the Board of Adjustment for administrative reasons. I acknowledge that I have read and understand this application and the Green River Variance regulations. I certify that

the information provided with this application is true and correct and false or inaccurate information used by an Petitioner applicant to secure compliance with the Zoning Ordinance shall be reason to deny or revoke any application or permit.

I understand that it is the responsibility of the applicant and/or property owner to secure any and all required local, federal and/or state permits (i.e. Building Permits, DEQ Permits, Contractor Licensing, etc.) and I agree to contact those agencies/departments accordingly.

Petitioner Signature: Print Name: Date: STAFF USE ONLY: USE STAFF Owner Signature: Print Name: Date:

P&Z Report Packet Page 19

P&Z Report Packet Page 20 CITY OF GREEN RIVER PUBLIC HEARING LEGAL NOTICE

TAKE NOTICE, on Wednesday, November 15, 2017, the City of Green River Planning and Zoning Commission (serving as the Board of Adjustment), will hold a public hearing at 6:30 p.m. in the City Hall Council Chambers, 50 East 2nd North, Green River, Wyoming, to consider the following variance request:

Case #2017-0023 filed by Joe Killpack. The public hearing will be on the question of authorizing a corner setback variance for the construction of new single-family dwelling to be located at 685 Lynn Court, Green River, Wyoming (legally described as Lot 1, Lynn Subdivision) as follows:

Plans and specifications are on file in the Community Development office located at City Hall, 50 East 2nd North, for review of interested persons. Anyone wishing to be heard on the subject of this application may appear at the time and place of the public hearing hereby set forth.

(s) Yvonne Castillo, Recording Secretary

Publish: November 1, 2017 November 8, 2017

P&Z Report Packet Page 21 Joe Killpack 685 Lynn Court, Green River, Wyoming Request for a corner setback of thirteen (13) feet from the corner property line along North 7th West Street, for the construction of a new single family home. City Ordinance, Appendix B, Chapter 2, Section 2.3.7 requires a corner setback of twenty (20) feet from the corner property line. Therefore, a variance of two (2) feet is necessary.

City Hall Council Chambers, 50 E. 2nd N., Green River, WY

6:30 p.m. 11/15/2017P&Z Report Packet Page 22 COMMUNITY DEVELOPMENT DEPARTMENT 50 E 2nd North Street, Green River, WY 82935 Phone: 307-872-6146 Fax: 307-872-0510 [email protected] www.cityofgreenriver.org

November 1, 2017

Dear Adjacent Property Owner/Interested Party:

The submitted site plan is attached. Anyone wishing to be heard on the subject of this application may appear at the time and place of the public hearing hereby set forth.

Sincerely,

Laura A. Leigh, AICP Director of Community Development/ Secretary to the Board

Enc.

P&Z Report Packet Page 23

LOCATION MAP (200’ Radius from 685 Lynn Court)

P&Z Report Packet Page 24

P&Z Report Packet Page 25

LITTLE ROSS E & ELIZABETH A CITY OF GREEN RIVER WEBB JAMES R & MARGARET E 741 W 4TH NORTH ST 50 E 2ND NORTH ST 725 W 4TH NORTH ST GREEN RIVER, WY 82935-4036 GREEN RIVER, WY 82935 GREEN RIVER, WY 82935-4036

CURRY JENNIFER L & LIESENFELD LYTLE GEORGE A & TERESA M RUESS DONALD E & LAURITZEN RUTH JACQUELYN PO BOX 784 740 W 3RD NORTH ST 690 W 2ND NORTH ST GREEN RIVER, WY 82935-0784 GREEN RIVER, WY 82935-4033 GREEN RIVER, WY 82935-4145

JEWKES NATALIE & PAUL B NEW PEAK CONSTRUCTION CO LLC HUTCHISON LIVING TRUST 209 N 7TH WEST ST PO BOX 70 HUTCHISON PETER B & NANCY V GREEN RIVER, WY 82935-4016 GREEN RIVER, WY 82935-0070 330 W HIGHWAY 246 SP 106 BUELLTON, CA 93427-9444

KRAMER CELESTE AITON REID M & MARGARET K REV PRIETO ADOLFO & JENNIFER 221 N 7TH WEST ST TRUST 680 LYNN CT GREEN RIVER, WY 82935-4016 PO BOX 1339 GREEN RIVER, WY 82935-4200 BLUE LAKE, CA 95525-1339

SCHALOW E VICTORIA DUPONT DIANE ANDERSON RICK G & KIMBERLY K 660 W 2ND NORTH ST 685 W 3RD NORTH ST 722 W 3RD NORTH ST GREEN RIVER, WY 82935-4145 GREEN RIVER, WY 82935-4146 GREEN RIVER, WY 82935-4033

NEW PEAK LAND DEVELOPMENT LLC SCHULZE JAMIE L MORCK CARL A TRUST 2524 KNADLER ST 709 W 4TH NORTH ST PO BOX 1 LARAMIE, WY 82072-1990 GREEN RIVER, WY 82935-4036 GREEN RIVER, WY 82935-0001

EGELAND JON M & KAREN MARTIN KEVIN D & TANYA L SCHULTZ ALAN 655 LYNN CT 235 N 7TH WEST ST 710 W 3RD NORTH ST GREEN RIVER, WY 82935 GREEN RIVER, WY 82935-4016 GREEN RIVER, WY 82935-4033

P&Z Report Packet Page 26 Community Development Month End Report October 2017

Number of Building Permits Issued

350

300

250

200

150

100

0 Jan Feb March April May June July Aug Sept Oct Nov Dec 2013 11 14 23 30 39 54 32 39 25 25 17 8 2014 14 17 26 47 35 40 40 64 40 40 21 12 2015 12 18 19 36 26 54 40 38 28 34 14 13 2016 15 11 24 20 42 50 91 205 322 268 97 16 2017 9 26 52 114 155 143 106 106 69 42 0

Community Development Department, 50 East 2nd North, Green River, WY 82935 Phone: 307-872-6140 / Fax: 307-872-0510 Page 1

P&Z Report Packet Page 27 Community Development Month End Report October 2017

Building Permit Fees Collected $45,000

$40,000

$35,000

$30,000

$25,000

$20,000

$15,000

$10,000

$5,000

$0 Jan Feb March April May June July Aug Sept Oct Nov Dec 2013 $3,756 $7,808 $8,587 $17,297 $12,098 $5,337 $6,641 $10,150 $2,401 $4,330 $2,011 $6,319 2014 $8,877 $5,274 $3,048 $11,025 $5,761 $6,662 $7,138 $22,528 $4,630 $10,332 $2,245 $7,975 2015 $975 $875 $6,092 $18,742 $1,884 $7,825 $5,477 $2,455 $2,225 $15,605 $650 $1,025 2016 $8,515 $4,398 $11,275 $950 $8,400 $8,000 $30,116 $32,635 $23,025 $14,550 $11,253 $875 2017 $475 $3,950 $10,100 $5,911 $22,120 $11,383 $13,369 $38,675 $13,748 $15,647 $0

Community Development Department, 50 East 2nd North, Green River, WY 82935 Phone: 307-872-6140 / Fax: 307-872-0510 Page 2

P&Z Report Packet Page 28 Community Development Month End Report October 2017

New Permit Construction Valuation $6,000,000

$5,000,000

$4,000,000

$3,000,000

$2,000,000

$1,000,000

$0 Jan Feb March April May June July Aug Sept Oct Nov Dec 2013 $333,589 $656,218 $969,320 $2,203,075 $1,192,033 $661,304 $590,529 $5,080,552 $264,747 $369,097 $146,027 $475,875 2014 $968,479 $603,482 $241,525 $1,039,092 $413,081 $602,142 $748,385 $2,474,275 $591,187 $1,204,788 $202,687 $993,875 2015 $68,695 $121,252 $642,036 $1,978,828 $233,887 $1,073,286 $655,529 $274,877 $227,677 $1,144,324 $102,243 $67,619 2016 $660,241 $598,961 $1,695,331 $88,022 $901,822 $875,830 $3,628,735 $4,127,731 $3,413,549 $2,400,807 $1,864,173 $105,877 2017 $78,112 $492,564 $1,230,482 $1,137,115 $2,874,916 $1,714,859 $2,785,217 $3,320,399 $1,216,301 $1,300,885 $0

Community Development Department, 50 East 2nd North, Green River, WY 82935 Phone: 307-872-6140 / Fax: 307-872-0510 Page 3

P&Z Report Packet Page 29 Community Development Month End Report October 2017

New Business Licenses Issued (Does not Include Annual License Renewals) *Includes Contractor Licenses & Home Occupations 25

0 Jan Feb March April May June July Aug Sept Oct Nov Dec 2013 8 8 9 10 13 11 8 5 13 7 9 4 2014 2 5 9 12 4 11 11 8 6 5 7 5 2015 5 5 9 12 8 7 4 8 10 6 6 9 2016 5 3 13 9 9 16 16 20 16 9 8 3 2017 5 5 12 9 11 12 5 8 9 5 0

Community Development Department, 50 East 2nd North, Green River, WY 82935 Phone: 307-872-6140 / Fax: 307-872-0510 Page 4

P&Z Report Packet Page 30 Community Development Month End Report October 2017

Business License Fees Collected $2,000

$1,800

$1,600

$1,400

$1,200

$1,000

$800

$600

$400

$200

$0 Jan Feb March April May June July Aug Sept Oct Nov Dec 2013 $525 $450 $663 $625 $925 $650 $575 $350 $850 $188 $238 $88 2014 $150 $350 $600 $825 $325 $410 $575 $430 $525 $200 $325 $275 2015 $425 $274 $425 $825 $500 $700 $250 $675 $800 $200 $150 $313 2016 $313 $163 $1,088 $675 $675 $850 $1,150 $1,850 $1,075 $563 $450 $75 2017 $400 $275 $900 $675 $575 $750 $225 $600 $525 $225 $0

Community Development Department, 50 East 2nd North, Green River, WY 82935 Phone: 307-872-6140 / Fax: 307-872-0510 Page 5

P&Z Report Packet Page 31 Community Development Month End Report October 2017

New Contractor Licenses (Not Included Annual License Renewals) 20

0 Jan Feb March April May June July Aug Sept Oct Nov Dec 2013 5 3 5 5 7 5 5 3 7 2 3 0 2014 2 3 5 7 3 3 5 3 5 1 2 2 2015 4 2 3 7 4 7 2 7 7 3 2 4 2016 2 1 10 6 6 6 10 18 9 6 5 1 2017 4 2 8 6 4 6 1 5 4 3 0

Community Development Department, 50 East 2nd North, Green River, WY 82935 Phone: 307-872-6140 / Fax: 307-872-0510 Page 6

P&Z Report Packet Page 32 Community Development Month End Report October 2017

New Home Occupation Permits (Does Not Include Annual License Renewals) 8

0 Jan Feb March April May June July Aug Sept Oct Nov Dec 2013 5 3 5 5 7 5 5 3 7 2 3 0 2014 2 3 5 7 3 3 5 3 5 1 2 2 2015 4 2 4 2 2 1 1 1 3 0 3 1 2016 0 2 3 0 4 6 4 2 3 2 2 2 2017 3 2 2 3 3 4 2 2 1 2 0

Community Development Department, 50 East 2nd North, Green River, WY 82935 Phone: 307-872-6140 / Fax: 307-872-0510 Page 7

P&Z Report Packet Page 33