Cody planning board recommends city council approve Deuces Subdivision final plat with conditions

The City of Cody Planning, Zoning and Adjustment Board on June 5 recommended that the City Council approve the final plat for the Deuces Subdivision, a 15‑lot project at the corner of Mountain View Drive and 20 Sixth Street, and approve six requested subdivision variances subject to conditions.

The recommendation followed a staff presentation by Yutona Dye, Community Development Director, who told the board the applicant has met most preliminary plat conditions but must complete a transfer of water rights and pay a corrected reduced cash‑in‑lieu public use fee of $13,904.35 before the mayor may sign the final plat. Dye told the board that staff will allow the applicant to submit building permits for Lots 1 through 4 during construction, but added a condition that no temporary certificates of occupancy (TCOs) or certificates of occupancy (COs) will be issued and no utility accounts set up for tenants until all subdivision infrastructure has been accepted by the city and an acceptance letter issued by the mayor.

The recommendations to City Council include: provision of fully executed construction plans and third‑party utility signatures for Bayport Energy, TCT and Charter; payment of the corrected $13,904.35 cash‑in‑lieu public use fee and applicable utility and hook‑on fees before final plat signature; recordation of the subdivision declaration of restrictions, stormwater and infiltration maintenance agreements and other documents approved by the city attorney; a guarantee of improvements for a stated period; and that acceptance of improvements by the city will not occur until all supplemental materials are submitted and accepted.

Board members and staff discussed the proposed internal street geometry. Staff described variance No. 3 as allowing a 100‑foot curvature radius on an internal street (Irving Cove). One board member moved to remove the phrase "may be further reduced based on construction plans" from that variance so the 100‑foot radius would be a fixed requirement in the board's recommendation. Public works staff and the fire marshal reviewed the layout and told the board they had no concerns about access for fire apparatus or sanitation vehicles at the proposed radius, and staff said a slight reduction would likely still be acceptable during final construction‑drawing refinements but the fire marshal would need to review the final construction drawings.

Dye said the state Board of Control (referred to in the record as the "state board of control") controls water‑rights transfers and that the transfer must be completed or otherwise resolved before approval of the final plat and the mayor's signature. Dye said the applicant was working with its engineer and the board of control; the city does not determine which entity will receive transferred water rights.

The board voted to recommend City Council approval of the final plat and the six variances with the staff‑proposed conditions, including the language that no TCOs or COs be issued until infrastructure acceptance, and with the corrected $13,904.35 figure noted. The motion was amended on the floor to remove the option to further reduce the 100‑foot curvature radius in variance No. 3. One board member who earlier recused themself from part of the discussion remained recused from that item. The board chair announced, "Ayes have it." The recommendation will go to the City Council for final action.

Why it matters: The board’s recommendation sets conditions that affect the project’s construction sequencing, utility coordination with third‑party providers, the timing of occupancy, and compliance with local subdivision and infrastructure standards. Final approval by the City Council — and completion of the water‑rights transfer overseen by the state Board of Control — are required before the mayor may sign the final plat.

The board record shows staff will require the applicant to submit signed construction plans, utility installation agreements, recorded declarations and maintenance agreements and pay applicable fees before final plat signature. The recommendation also requires a warranty/guarantee of improvements and holds issuance of occupancies until city acceptance of infrastructure. The City Council will consider the recommendation at a future meeting.