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Consulting in "Bust" Times
Declining revenues for towns, cities and counties pose budget constraints impacting the delivery of services, community improvement projects, RFP`s, etc. As a public or private sector planning professional, could you please share your thoughts about how the distressed state and local economy is affecting contract opportunities for consultants. 
County Zoning Certificates
 Albany County is currently looking at changing our “zoning certificate” process and I was wondering if you would entertain a quick question about your permit process. Currently, Albany County requires that a zoning certificate for all buildings be approved and signed by the Board of County Commissioners. Albany County has not adopted building codes so we require only the zoning certificate.

My question is whether your County requires Board approval for all zoning certificates/building permits (specifically for allowed uses)or has the Board delegated authority to your department to approve these permits?

Raising Application Fees

Our community (Glenrock) is looking at raising our application fees for Conditional Use Permits, BOA applications, plats, etc. We would like to get an general idea of what other communities are doing. Right now, our fees don’t even cover the publishing fees.

 
 Let`s help out our fellow planners! Do you have your fee schedule you can send to Glenrock? Advice? How did your community raise your fees? You email them at kdrummond@glenrock.org

Self Storage Approaches

Our Board of County Commissioners (Albany) have asked us to research and make a recommendation on how to handle self-storage units.


What we have is an owner of a self-storage company that is bringing in “pods” (connex container) and placing them on a cement pad for storage units. The units can be delivered to a client that loads it with items. Once it is loaded the unit is taken back to the storage area and put on the pad. According to our regulations, we require a zoning certificate for any structure placed, built or moved onto a parcel. This would be considered an accessory building and would require a $50.00 fee for each unit. This business owner has purchased 100 of these “pods”. Has any other county run into this situation? If so, how do you handle the zoning certificate fee?
 
Susan Adler
Albany County 



 

 

 



Susan Adler

Zoning for a Transfer Station


Name: Sid Fox
Address:
City: Rawlins
State:
ZipCode:
Phone: 3073282614
Email: sidneyfox@carbonwy.com
Comments: Transfer Stations: Does your zoning or land use regulation include or permit solid waste transfer stations? If so, how do you evaluate (what criteria) and in what zone districts are they permitted or permitted by special or conditional use permits.
any other feedback appreciated.

Right of Ways signage replacement funding sources

...we are trying to find a grant, or grants to assist us in purchasing and installing road/street signs on private roads with multiple residences. additionally, I would like to find some additional resources for replacement of weathered road/street signs within subdivisions in the county...

Steve Baumann
Fremont County
 
Motocross
Recently, Sweetwater County has had issues with private motocross tracks being built in residential subdivisions. The individuals that have constructed them are not charging admission to utilize the tracks and are only using them for personal use. Has anyone else had this issue in the state and how do you treat these types of facilities.

Eric

 

 

 

 
Wyoming News
Wyoming News as  Reported to the Western Planner Magazine; February 2014

News from Wyoming cities

by Jonathan Woodward

Casper:   Staff Change

Andrew Nelson has been hired as the new supervisor for the Casper Area Metropolitan Planning Organization (MPO). The Casper Metropolitan Planning Area, the second largest urbanized area in Wyoming, provides program and fiscal oversight for transportation planning in the region. The Casper MPO consists of five local governments and a transit system operating demand response and fixed route services. Prior to accepting the position as MPO Supervisor, Nelson held positions in Casper City Finance, the Casper Municipal Court, and the Mountainland Association of Governments (Utah) Community Development Block Grant program. Nelson has a Master’s Degree in Public Administration from Brigham Young University.

Cheyenne: Projects and Plan Cheyenne Update

Tesla Motors, an electric car company, has built a charge station in Cheyenne.  It consists of four chargers and is located at the Frontier Mall.  This station provides charging services for Tesla motorists who are in-state or passing through.  It is conveniently located near services for the motorists who are waiting for their Tesla’s to charge.

Cheyenne and Laramie County are in the process of updating their Comprehensive Plan, “Plan Cheyenne.”  It was adopted in 2006 and was the first major comprehensive plan for this region.  Plan Cheyenne combines land, transportation and parks and recreation plan.  There is anticipated population growth due to energy development.  Job growth is projected to expand due to the Swan Ranch development and infrastructure updates for rail and highway served businesses.   The transportation plan was also updated and the MPO used travel forecast model to show future traffic patterns.

 Laramie:  Projects and Housing Study

The City of Laramie, on January 21, 2014, accepted a bid for construction of improvements related to the Cirrus Sky Technology Park. Construction of these improvements is to begin early this Spring, with completion of these improvements in September. The Cirrus Sky Technology Park is a 149 acres site in the north part of the city, designed both to serve prospective data centers and new businesses, as well as to be an expansion area for Laramie’s existing, established tech firms.

The City of Laramie recently updated and approved the Turner Tract Area Plan 2013, which is a 442 acre mixed use business, civic and residential development in southeast Laramie. With over half of the Turner Tract developed, the update recognized existing uses and modified the plan for final development of the remaining acres to maximize the original vision of the mixed use development.

The City of Laramie, Wyoming has contracted with Hanna:Keelan Associates, P.C. to create a new Housing Study. The study will analyze the existing availability, cost, condition, and demand for all levels of housing stock including low-income housing, housing for the elderly, workforce housing, student housing and housing for the upper and middle class. The study is expected to serve as a guide for residential growth for the next 15 years and will help set the framework for residential growth in Laramie. Additional information can be found at www.cityoflaramie.org/housingstudy.

Rock Springs:  Projects

Planner Jennifer Shields writes about an update to Bunning Park which is located in the historic downtown area of the City of Rock Springs and was created in 1926.  It is considered to be the community’s center and hosts numerous events, gatherings, and activities including the popular “Concerts in the Park” summer series.

While the park itself is attractive with numerous mature trees and amenities, many of the properties surrounding the park are in disrepair, abandoned, or underutilized. This is due in large part to the park and neighborhood location in a FEMA flood plain which prohibits most kinds of new construction and makes it extremely difficult to rehabilitate properties without very costly improvements. These conditions have contributed to the decline and neglect in the neighborhood, and detract from the beauty of the park, its value to the community, and its potential for redevelopment in the near future. In the shorter term, the city has embarked on this process to identify options for making improvements within the parameters of the many restrictions and conditions affecting the area.

The goals of this effort are to improve safety and security in the neighborhood surrounding the park, remove unsightly and blighted conditions in the area, increase usage by providing accessible parking and access, and to encourage park usage by residents and visitors.” Bunning Park Neighborhood Feasibility for Rehabilitation, Beautification, or Adaptive Re-Use Study, Landmark Design, January 2014.

WYOPASS:  Updates

  • The WyoPASS Board has added Staci Beecher as Treasurer. Beecher will fill the shoes of Ray Price who is retiring.  As the Treasurer for WyoPASS for many years, Price played an integral role in the success of the WyoPASS organization and deserves many thanks.  Beecher is a professional planner working for the City of Gillette, and the Board welcomes her as the new treasurer.  Megan Nelms, AICP begins her second year as president and is joined by Charles Bloom, AICP of Laramie, Don Threewitt, AICP of  Cheyenne, Derek Teini, AICP of Laramie, Kate Dahl of Pinedale and Brandon Cammarata, AICP of Cheyenne.
  • WyoPASS is working to incorporate a blog or forum into the website that will be more user- friendly.  It is also in the process of updating the bylaws to allow the board be involved with legislative issues in a more timely fashion.
  • WYOPASS Spring Conference will be held in Riverton, WY May 15-16, 2014.  Contact Megan Nelms for more information:  307-685-8061 (mbl08@ccgov.net)
   
WYOPASS Spring Conf May 16
Holiday Inn - Riverton

More info, including room rates and sessions coming soon!
WyoPASS Forum
Welcome to the new and improved WYOPASS Forum.  The WYOPASS Forum is intended to be tool for planners in the State to to communicate more effectively. 
 
- Help members foster a discussion on a particular topic
- Provide a venue for communities to share their successes
- Help WYOPASS communicate with membership and receive feedback
 
Thanks!
HB0042
This bill affects 9-8 which is Land Use Planning.
I am not sure what initiated interest in this statute. The amendment says that a local land use plan need not be consistent with any guidelines the (state land use) commission may have created and is not subject to the (state land use) commission’s review. I am not aware of what guidelines the  (state land use) commission may have created, but my understanding is there is no longer a land use commision.
I am not clear as to why a redundant definition of “local land use plan” was added in this article because it already exists in 9-8-102. Also I am a not certain as to why a definition of “zoning” is created here. The definition of zoning says it is limited to the context of 9-8 Article 3.
HB0085
This would eliminate one tool that a municipality has to manage growth. This is a far reaching bill and a significant reduction in the ability of cities or towns to manage activities immediately adjacent to municipal boundaries. This bill also creates a strange annexation notification requirement for a municipality. I am unclear what initiated such a broad proposal. I am also not clear how communities across the state will be impacted in terms of which communities are using this and how they are using this.

Language removed (15-3-202b))

(b) The mayor has such jurisdiction as may be vested in him by ordinance:

(i) Over all places within five (5) miles of the corporate limits of the city for the enforcement of health, or quarantine ordinance and regulation thereof; and

(ii) In all matters excepting taxation within one-half (1/2) mile of the corporate limits of the city.

BOA Procedures
I would appreciate receiving any written procedures and/or forms you use for your Board of Adjustments processes. Also, please indicate if staff makes a recommendation on their written findings to the Board.
 
If you have process-type handouts for the public which explain the variance or BOA process, please include them
 
Thanks a bunch everyone.
 
Pepper mcClenahan
Which Counties now regulate Large Acre Subdivsions
Here is what I am trying to get at…..Before 2008, WY counties had no way to regulate subdivisions with lots large than 35 acres. In 2008 the legislature granted counties the authority to require developers to submit a subdivision plat for lots up to 140 acres.
Not sure how to best phrase the question…whether it should ask in first person or not. But here are the basic questions:

Which Wyoming counties have adopted the authority granted them by the 2008 state legislature to regulate Large Acreage Subdivisions and waht parcel size range is now being regulated?

John Heyneman
Zoning by Deed Restrcition and Development Agreement
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~Wyoming Planning Association Members Forum Topic Request~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Name: Jana McCarronEmail: jana_mccarron@rswy.netComments: From Rock Springs...Our Council has requested we ask other communities if they use Deed Restrictions or Development Agreements as a way to have more flexible development standards. We are interested to hear either way. Thanks!
From the WyoPASS President - How can WyoPASS communicate more effectively with our membership?
This spring in Thermopolis the WyoPASS Board (weather permitting) began to look at the organization from a strategic point of view.  One item that stood out was we needed to communicate more effectively with our membership.

As we meet again in Laramie next week we want to layout an approach to improving communitations among other things.

Any feedback from our members would be appreciated as we head into that meeting.

Thanks

Brandon Cammarata, AICP
WyoPASS President
Private Maintenance of Public Roads - Best Practices?

Name: Bruce Frederick
Email: planner@washakiecounty.net
Comments: State statute requires "covenants or other instruments creating an entity" to address the maintenance and responsibility of common areas, including roads. Washakie County has received a minor, 5-lot, subdivision proposal stating the owner of lot 1, his heirs and assigns, is responsible for the maintenance of the private road within the subdivision. Have other counties had to deal with a similar proposal? Yes, this is not good planning, but is this a compliant proposal?

City/County Shared Engineers - What`s the contract look like

Name: Rob YinglingEmail: jcplanner@vcn.comComments: Johnson County and the City of Buffalo are considering hiring a shared full-time civil engineer. The Buffalo City Planner and I have been tasked with developing a proposal for sharing the position. It would help us a great deal if if any jurisdiction using a shared engineer could comment on what agreement terms are in place, or send a copy of an in-force agreement so we have something to start with. Any suggestions or information is appreciated.

Should we require a "Notice of Contract for Deed" to be recorded
Wyoming Planning Association Members Forum Topic Request~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Name: Rob YinglingEmail: jcplanner@vcn.comComments: Johnson County is considering asking our local state legislator to submit a bill to amend state statutes (perhaps the Property, Conveyances and Security Transactions statute (W.S. 34-2-xxx)) to require recording of a "Notice of Contract For Deed." Because the subdivisions statute defines subdivision as a sale, and defines sale as including contract for deed, Johnson County considers the sale of parcels of land under 35 acres using a contract for deed to be a subdivision. However, there is no requirement for recording anything, so we can`t track illegal subdivisions of parcels. There are also issues with Contracts for Deed and clear title and no indication to County Assessors that assessment criteria may have changed on such parcels. Our local Board of Realtors is behind this, and I`ve been told that the matter is on the upcoming agenda for the State Board of Realtors. Do any of you planners have any comments on this?

Recreational Park Trailers (RPTs) Permitting

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Wyoming Planning Association Website Submission
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Name: Jennifer Anderson
Address: PO Box 1727
City: Jackson
State: WY
ZipCode: 83001
Phone: 3077333959
Email: janderson@tetonwyo.org
Comments: Just wondering if any other jursdictions in Wyoming are dealing with Recreational Park Trailers (RPTs) coming into campgrounds? Big deal here and I`m looking to see how orthers permit them. Any thoughts would be greatly aprreciated!

Development Processes

The zoning cases I am most interested in, include the following:

Preliminary Plats: City Council (CC) or Planning Commission (PC) Final Approval required?

Zone Changes: CC or PC Final Approval required?

Planned Unit Developments: CC or PC Final Approval required?

Variances: CC or PC Final Approval required?

Special Use Permits: CC or PC Final Approval required?

Conditional Use Permits: CC or PC Final Approval required?

Lot Splits: Administrative (Staff) or CC or PC Final Approval required?

Summary Plats: Administrative (Staff) or CC or PC Final
Approval required?

Replats: Administrative (Staff) or CC or PC Final
Approval required?

Lot Line Adjustments: Administrative (Staff) or CC or PC Final
Approval required?

Zachary P. Montgomery
City of Buffalo
cityplanner@vcn.com
Local Deligation of WDEQ

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Wyoming Planning Association Members Forum Topic Request
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Name: Sid Fox
Email: sidneyfox@carbonwy.com
Comments: Carbon County relies on WDEQ\WQD for the administration and "permits to construct" for on-site wastewater or the septic program. We are evaluating local delegation and would apprciate your feedback. How does your County (what department) administer the program? What is your permit fee structure?
thanks for your input.

Permit Fee Amounts: Wind Energy

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Wyoming Planning Association Members Forum Topic Request
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Name: Sid Fox
Email: sidneyfox@carbonwy.com
Comments: Permit fees for Wind Farm Permits?
Recent legislation requires permits from County Commissione for Wind Energy Facilites. What is your fee structure?
Carbon County currently requires a conditonal use permit. Application Fee = $100
Building permit fees:
$310 for the first structure\turbine
$84 for each structure\turbine after the first.
The BP fee structere was based on a staff study of staff time involved.
Interested in hearing how other counties permit and charge for wind farm\tubine development.

Who has no Minimum parking requirement downtown

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Wyoming Planning Association Members Forum Topic Request
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Name: Kate Grimes
Email: zoningtop@wyoming.com
Comments: Which Towns in Wyoming have no parking requirement for downtown? Is it in the zoning district or under off-street parking ordinance?

(1) mile Jurisdiction

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Wyoming Planning Association Members Forum Topic Request
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Name: Kate Grimes
Email: zoningtop@wyoming.com
Comments: A controversial zone change was recently approved in the County within the 1-radius of Town limits, which sparked a legal question by the Town Council whether their jurisdiction extended past the traditional 1-mile radius, as the Town`s population will exceed 2000 this year and suggested by:
W.S. 18-5-101 through 18-5-107, the word "unincorporated" means situated outside of cities and towns and when used with "territory" or "areas" it means territory or areas which are one (1) mile from the limits of a town or city having a population of two thousand (2,000) or less, two (2) miles from the limits of a town or city having a population between two thousand (2,000) and three thousand (3,000) and three (3) miles from the limits of a town or city having a population of three thousand (3,000) or over.”

The Council requested 2 different legal opinions. According to one the statute is vague but indicates the County may not have jurisdiction, but doesn`t expressly give it to the Town, with the issue being there is a 2 mile gap with no jurisdiction. It is being referred to the State Attorney General for an opinion.

Has your community confronted this issue, and if so what was the result?

Do you have specific ordinances or memorandum of agreement b/w the city/county to address the radius? How well or not does it work?

Also the Town released the legal opinions to the public so if you are interested email me and I will forward them.
Thanks for the input.

Severability of wind rights from surface rights

Name: Donald Threewitt
Email: d3witt@msn.com
Comments: Severability of wind rights from surface rights will be coming up in the next legislative session. There are obviously multiple implications of this on wind development, HBU, condemnation, taxation, local land use, etc. What are your main concerns regarding potential segregated ownership?

Private Cemetery

Name: Trish Chavis
Email: tchavis@natronacounty-wy.gov
Comments: I have received a request from a gentleman who has a 35 acre parcel of land and wants to bury his 8 yr old son on a portion.

According to subdivision exemptions he could create a cemetery lot but under State Statute 35-8-101 it says it needs to be platted and dedicated to the public and shall be the property of the County in which the Cemetery is situated.

Does anyone know how to create a "private" cemetery or where to find regs?

Cluster Subdivisions

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Wyoming Planning Association Members Forum Topic Request
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Name: Megan Lehman
Email: MBL08@ccgov.net
Comments: Cluster Subdivisions - Has anybody enacted the cluster design process in their subdivision regulations? Has anyone processes a cluster subdivision?

leases with regard to subdivision regulations where portions of a property under 35-acres are leased?

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Wyoming Planning Association Members Forum Topic Request
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Name: Rob Yingling
Email: jcplanner@vcn.com
Comments: W.S. 18-5-302 defines subdivision as the creation or division of a lot...for the immediate or future purpose of "sale", and defines "sale" as including "lease". How do Wyoming Counties address leases with regard to subdivision regulations where portions of a property under 35-acres are leased?

subdivision exemption of 18-5-306 (a) that involves the creation of 1 - 5 lots

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Wyoming Planning Association Members Forum Topic Request
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Name: Ray Price
Email: ray.price@fremontcountygovernment.org
Comments: How do other counties address the subdivision exemption of 
18-5-306 (a) that involves the creation of 1 - 5 lots?

Link to Statute:  http://www.wyopass.org/Upload/File/Counties___Planning__Zoning_Real_Estate_Subdivisions_18_5_301.pdf

Piece meal development solutions?

Name: April Getchius
Email: agetchius@cityofcasperwy.com
Comments: Any ideas or solutions to the problem of having a land owner on the city`s edge that piece meals development, deeding one parcel at a time and leaving the platting and annexation to the new owner. No master plan or ability to require one for the entire, larger, unplatted parcel?

Any Wyoming "public spaces" nominations for the Great Places in America program?
APA is looking for nominations of public spaces for the Great Places in American program.  By public spaces we mean gathering spots or part of a neighborhood, downtown, or any other area that helps promote social interaction and a sense of community.  Typical examples are parks, plazas, town squares, sites around public buildings, marketplaces, and so on.  They need to be ten years old or older to qualify.  For a complete look at the criteria, hit this link:   http://www.planning.org/greatplaces/spaces/characteristics.htm
 
So do we have any in Wyoming that can be nominated?  The second floor porch at Yellowstone Inn?  Areas of UW?  Cowboy Bar in Jackson (OK, not really on that one)?  What public places do we have in Wyoming that we consider to be GREAT, and if we can`t think of any, do we need to get some created?  

Joanne Garnett, FAICP
County vs. BLM regs on Cell tower placement

Name: Trish Chavis
Email: tchavis@natronacounty-wy.gov
Comments: I am looking for information on County Zoning Regulations vs. BLM and who has jurisdiction to regulate Cell Tower placement. Does the BLM have the authority to override the Statutes or Zoning Regulations? Any help would be greatly appreciated.
Thanks!

RV Camper Regulations (in town)

Name: Fred Crosby
Email: fred@totcodes.com
Comments: I`m looking for some specific regulations on RV camper parks, for location in City Limits. Does anyone have different regulations for a RV park, as apposed to a mobile home park in their towns?

Comp Plan Bubgets
A request was made asking how much folks spent or budgeted for comprehensive plans.  If you know approximately what your community spent please share
Condo Regulations
Hello-
We are doing an ordinance update in Pinedale, and I was looking for some good condo regulations, I can`t seem to find much and was wondering if you knew of some I could get a hold of?
Thanks!
Kate Grimes, Pinedale

"Family" Exemptions in Subdivision

My County Commissioners have asked me to write a position paper on the statutory exemption for "family" subdivisions. What are the issues your county is facing with this exemption?
Mark Reid, Sheridan County Planner