Committee conditions septic‑system exception on outside‑water agreement and 18‑month annexation petition

The Cheyenne Public Services Committee on May 19 recommended approval of a 201 septic‑system exception for a parcel south of High Plains Road and west of South Greeley Highway, but only if the property owner first signs an outside user agreement for municipal water. The committee also approved a related amendment to an earlier water outside‑user resolution that requires the owner to petition for annexation within 18 months.

Charles Bloom, Planning and Development director, told the committee that state statute prevents conditioning a 201 exception specifically on annexation. ‘‘State statute says we cannot condition a 201 exception on annexation period. It's pretty plain and clear,’’ Bloom said, explaining why staff proposed making the septic exception effective only after an outside‑user water agreement is executed.

Bloom described how the 201 exception review begins with City‑County Health comparing the cost of extending sewer service to the cost of a septic system sized for the proposed building; if the economics justify it, an exception can be granted. Under the substitute resolution the committee adopted, the exception becomes effective only if an outside user agreement for water is executed. That outside‑user agreement includes conditions that the development be built to city standards (with standard avenues for relief) and that the owner petition for annexation under Wyoming Statute 15‑1‑1403 within 18 months of executing the agreement.

Committee members pressed staff on what ‘‘readily available’’ sewer means. Bloom said the city interprets that as sewer brought to the edge of the property line; in this case, sewer is a few hundred feet to the west but is behind private property, meaning easements or a significant new run would be required. He said the sewer in the nearby development does not meet the city’s definition of ‘‘readily available’’ because it is not adjacent to the parcel’s property line.

Gunnar Malm, managing broker and agent for the applicant, said the owner wants certainty to market the property for a similar small‑business use and that the approach is intended to balance the risk between making the property marketable and requiring eventual connections to city services. Malm said the owner accepts some risk, including the annexation requirement tied to the outside‑user agreement.

Several committee members expressed reservations but supported the conditional approach. A substitute dated May 16 was adopted by the committee; the main motion to approve the resolution with stated conditions passed by voice vote and will be forwarded to City Council. Staff said that, if the owner petitions for annexation, the city anticipates the petition will take roughly four months to run its course once filed, and that the applicant must file the annexation petition within the 18‑month window. If the outside user agreement and annexation do not occur within the required timeframe, the matter would revert to the prior pre‑02/2001 status and the applicant would need to restart processes.

Staff clarified that the 02/2001 agreement referenced in committee discussion is an intergovernmental framework between the City of Cheyenne and Laramie County that generally discourages dispersed septic systems and governs development expectations in unincorporated areas adjacent to the city.

The committee’s action ties the 201 exception and the water outside‑user agreement together so that the septic exception only activates once water service commitments and annexation steps are in place, per the substitute approved May 16. The committee recommended sending the item to City Council for consideration.