GILLETTE, Wyo. \u2014 The Gillette City Council rejected a request to rezone a vacant lot in Chara Hill Estates after residents raised concerns about traffic, safety, property values and what could eventually be built there.<\/p>\n
The council voted 2\u20135 against the request during its Sept. 15 meeting. Councilmembers Chris Smith and Jim West both voted yes, with Councilmembers Heidi Gross, Jack Clary, Nathan McLeland and Tim Carsrud and Mayor Shay Lundvall all voting no.<\/p>\n
The request would have changed the zoning for a 2.88-acre vacant lot at East Boxelder Road and Chara Avenue from R-S, or Suburban Residential District, to C-O, or Office and Institutional District.<\/p>\n
The Planning Commission voted 4\u20130 on Sept. 8 to recommend approval.<\/p>\n
City staff said the proposed zoning would create a transition between the commercial property to the east and the residential neighborhood. Boxelder Road is classified as a Major Collector and connects commercial areas to the east with the Energy Capital Sports Complex and CAM-PLEX to the west.<\/p>\n
C-O zoning allows several types of businesses and services, including medical and professional offices, banks, pharmacies, daycares, churches, hospitals and restaurants. It also allows bars, taverns, lounges, mortuaries and retail alcohol and tobacco sales.<\/p>\n
Developer Tom Kremer told the council he wanted to use the property for professional or medical offices and said commercial traffic would be limited to Boxelder Road.<\/p>\n
\u201cRight now, there are 17 acres that is directly bordering our estates in C1,\u201d Kremer said. \u201cAnything permitted in C1 can go there. There are no restrictions on that 17 acres.\u201d<\/p>\n
Kremer said his plan was to use C-O zoning along Chara Avenue and Boxelder Road so there would be no commercial traffic entering Chara Hill Estates.<\/p>\n
\u201cThere would be no impact on traffic coming into Chara Hill. Zero,\u201d he said.<\/p>\n
Kremer also proposed private deed restrictions that would limit the property to offices or medical businesses.<\/p>\n
\u201cI want to put covenants that are recorded with that lot that restrict it to offices or medical-type businesses is all that can go in there,\u201d Kremer said.<\/p>\n
City Attorney Sean Brown clarified that the city would not be able to enforce those private deed restrictions. He said they would be private agreements between property owners.<\/p>\n
Several Chara Hill Estates residents spoke against the rezoning.<\/p>\n
Rachelle Kadow said residents chose the neighborhood because of its residential character and property values.<\/p>\n
\u201cThis is a unique area unlike any other subdivision,\u201d Kadow said. \u201cWe have the highest HOAs. Our buildings are 500,000 to almost a million and people move here specifically because it is a residential-friendly neighborhood and that is what we want to keep it.\u201d<\/p>\n
Kadow also raised concerns about traffic, safety and potential crime.<\/p>\n
She said she and her husband were willing to consider purchasing the property themselves and keeping it residential.<\/p>\n
Marvin Walker presented a petition opposing the zoning change. He said most residents who signed it wanted the property to remain residential.<\/p>\n
\u201cThat\u2019s why the petition was signed by most of the residents in the subdivision just favoring it stays residential, not commercial,\u201d said Walker.<\/p>\n
Walker said residents were also concerned because they did not know what type of business could eventually go on the property.<\/p>\n
\u201cA lot of residents were concerned \u2026 not knowing exactly what\u2019s going to go in there is a big concern of a lot of them,\u201d he said.<\/p>\n
Jim Daniel said he and his wife built their home 19 years ago with plans to stay there long term.<\/p>\n
\u201cI built it to grow old and that\u2019s my plan,\u201d Daniel said.<\/p>\n
Daniel also pointed to the list of uses allowed under C-O zoning.<\/p>\n
\u201cThe very top one on the list as far as the C-O is bar, tavern, lounge,\u201d he said. \u201cEveryone here knows what the backside of any building, no matter how professional it can be, what it looks like.\u201d<\/p>\n
Daniel said residents could end up seeing the back of a commercial building whenever they entered the subdivision.<\/p>\n
Angie, a resident and title industry professional, also raised concerns about changing residential land to commercial use while Campbell County faces a housing shortage.<\/p>\n
\u201cHousing is a problem in Campbell County,\u201d she said, \u201cso anytime someone wants to change zoning from residential, I believe you really need to take a good look at that and decide that\u2019s really a wise decision with our shortage of housing.\u201d<\/p>\n
Another neighboring resident asked councilmembers to consider how homeowners might feel if the change happened to their own property.<\/p>\n
\u201cWhen you purchase your house or you build your house and you put it in a development that you think is going to stay a certain way and then things change,\u201d the resident said. \u201cI really hope you take that in consideration in your vote and look at it as if it was your retirement property.\u201d<\/p>\n
Jeff Wyler, representing Calvary Baptist Church, spoke in support of Kremer\u2019s request. He said the nearby C-1 property could be developed at any time. <\/p>\n
\u201cThis C1 can be developed at any time. We\u2019ve always known that,\u201d Wyler said. \u201cI think he\u2019s very reasonable on what he does and with these clarifications and commercial lot rezoning, it just seemed reasonable at least something gets developed.\u201d<\/p>\n
Some councilmembers said they had received a large number of phone calls, texts and emails from residents who opposed the rezoning.<\/p>\n
Smith supported the developer\u2019s right to build and said he previously lived next to a medical office and found it to be a quiet neighbor.<\/p>\n
West shared his experience with a previous rezoning near his home in Buffalo Ridge. He said a change from single-family homes to multifamily apartments affected home values.<\/p>\n
The motion to approve the rezoning on first reading failed 2\u20135. This is only the first reading for the ordinance. Three readings are required.<\/p>\n