CITY OF MONTROSE PLANNING COMMISSION AGENDA City Council Chambers 5 p.m. August 24, 2016

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1 CITY OF MONTROSE PLANNING COMMISSION AGENDA City Council Chambers 5 p.m. August 24, 2016 The 11:00 rule will be enforced. All public hearings scheduled and noticed to be heard today must begin prior to 11:00 p.m. or they will be rescheduled. If the Planning Commission is discussing an agenda item, but has not voted on the item before 11:00 p.m., the Planning Commission may take a vote to decide whether to vote on the agenda item or to continue the item to the next meeting. The Planning Commission may also vote to consider discussion and action on additional agenda items that require action in a specified time period due to legal requirements. All remaining agenda items, not heard due to time constraints, will be placed first on the next Planning Commission Agenda. 1. Approval of the minutes dated July 13, Additions or Deletions. 3. ANX16-02 PROPOSED R SIMPSON ADDITION INITIAL ZONING B-3 (GENERAL COMMERCIAL DISTRICT), KNOWN AS 3500 NORTH TOWNSEND AVENUE. This is a proposal to zone the pending R Simpson Addition. Robert Simpson is the applicant. 4. RZ16-02 LOT 3, TRIPLE KL MINOR SUBDIVISION, COUNTY OF MONTROSE, STATE OF COLORADO, A ACRE PARCEL OF VACANT LAND NEAR THE CORNER OF NORTH GRAND AVENUE AND NORTH 9 TH STREET. This is a request to rezone property from R-6 (Medium Density / Manufactured Housing District) to I-1 (Light Industrial District). Black Mountain Capital LLC is the applicant. 5. RZ16-03 HILL PARK LOT, FOX HILLS SUBDIVISION FILING NO 2, ACRE PARCEL OF VACANT LAND NEAR THE CORNER OF HILL STREET AND EAST OAK GROVE ROAD. This is a request to rezone property from P (Public District) to R-1 (Very Low Density District). Tony Gilbert is the representative for Fox Hills Subdivision HOA. 6. VAR16-06 LOT 36, HOMESTEAD ESTATES SUBDIVISON FILING NO 2, KNOWN AS 707 SOUTH FORTY DRIVE, MONTROSE COLORADO. This is a request for a variance from side setbacks. John Engel is the applicant. 7. Other Business. 8. Next Time September 14, 2016 at 5:00 p.m. 9. Adjournment.

2 The Montrose City Planning Commission held a meeting on July 13, 2016, at 5:00 p.m. in City Hall Council Chambers. The meeting agenda was posted in accordance with the Colorado Open Meetings Act (C.R.S , et.seq.). PRESENT Doug Glaspell, Josh Freed, Anthony Russo, Gary Seitz, Bill Brougham and City staff Jennifer Stepleton, Garry Baker, Andrew Boyko, Scott Murphy and Sharon Dunning were present. ABSENT None. GUESTS Jeff Sherer, Christine Allen, Oty and Juanita Reed, Mike Rubala, Jim May, Carolyn Bellavance, Eric Feely, Modene Gaulke CALL TO ORDER Chairperson Doug Glaspell called the meeting to order at 5:00 p.m. APPROVAL OF MINUTES Gary Seitz moved to approve the minutes of the June 22, 2016 meeting as presented. Anthony Russo seconded the motion, and it carried unanimously. ADDITIONS OR DELETIONS No additions or deletions. ANX16-01 PROPOSED MUSEUM OF THE MOUNTAIN WEST ADDITION INITIAL ZONING (P DISTRICT) KNOWN AS MIAMI ROAD. This is a proposal to zone the pending Museum of the Mountain West Addition. Museum of the Mountain West is the applicant. Garry Baker introduced this item. All public requirements have been fulfilled and the official files and exhibits were entered into the record. This acre property is located off of Hwy 50 at the intersection of Miami Road. It is currently undergoing annexation proceedings, and part of those proceedings is zoning regulations. The Planning Commission makes a zoning recommendation to the City Council to consider along with

3 Planning Commission July 13, 2016 Page 2 the annexation. The annexation is scheduled for August 2 for the first reading, and the 2 nd reading is scheduled for August 16. The recommended zoning is P for Public District Carolyn Bellavance, 589 Spring Creek Road, approached the podium to speak in favor of the proposed zoning. Ms. Bellavance is a member of the board of the Museum of the Mountain West, and is here to support annexation of the Museum property. Jim May, who lives off of East Oak Grove Road, approached the podium. Mr. May owns a 35-acre parcel on the north side of the highway. His question was what the zoning will do to the property values. Doug Glaspell responded he doesn t think it will affect the property values. Garry Baker added how it will affect property values is beyond scope of this meeting. Mr. May went on to discuss the highway speed at that intersection, which is 60 mph. He was hoping the zoning may cause a change to the highway speed. Doug stated he doesn t think this zoning request will affect any traffic pattern. Scott Murphy said the State has access control and sets the speed limit. What would trigger a change is if there is a major change of use that would drastically change the traffic. The public testimony portion of the hearing was closed. Josh Freed moved to recommend to City Council the initial zoning be Public (P) for ANX16-01, approximately acres known as Miami Road, with the standard condition that approval is expressly conditioned upon City staff ensuring that all policies, regulations, ordinances and municipal code provisions are met and that the Applicant adequately addresses all of staff's concerns prior to the execution of the zoning ordinance. City staff is not authorized by this approval to execute the zoning ordinance prior to all conditions being satisfied. Anthony Russo seconded, and the motion carried unanimously. CUP OGDEN ROAD (LEGAL DESCRIPTIONON FILE). This is a request for a Conditional Use Permit to allow a cell phone tower in a B-4 zone. Black and Veatch for Verizon Wireless is the applicant. Jennifer Stepleton introduced this item. All public requirements have been fulfilled and the official files and exhibits were entered into the record. The property at Ogden Road is home to the Black Canyon Golf Course Maintenance Shop. Black and Veatch Corporation is working with Verizon Wireless to install a cell phone tower on this property that will increase cell service in Montrose. The proposed tower is 55 feet tall and designed to look like a pine tree, which blends with the natural environment better than a traditional cell phone tower would. The proposed location is also set back from the road and fenced to provide screening from surrounding properties and limit visibility from the street. Since the recent changes to the City s Zoning Regulations were adopted, cell phone towers over 35 feet in height are allowed as a conditional use in all commercial and industrial zoning districts within City limits.

4 Planning Commission July 13, 2016 Page 3 New towers subject to the City s code requirements also require an Antenna-Tower Application to be submitted and approved prior to construction. This application is a separate process to be completed after approval of a Conditional Use Permit. Staff recommends approval with the condition that the applicant also files an Antenna-Tower Application within one year of the approval date. Jeff Sherer, 4600 S Syracuse Street, Lakewood, Colorado, approached the podium to speak in favor of the proposed Conditional Use Permit. Mr. Shearer works for Black and Veatch who is the consultant for Verizon Wireless. Mr. Sherer gave a presentation to the Planning Commissioners. Anthony Russo asked Mr. Sherer if this tower will be a multiple carrier tower that other carriers would be able to use, or if it would be solely a Verizon tower. Mr. Sherer replied that this tower was being built for Verizon, but that the City s ordinance requires that the towers be co-locatable. So others can locate on this tower but they will have to lease ground from the property owner. Doug Glaspell asked how large an area the tower will serve. Mr. Sherer replied its purpose has more to do with increasing the capacity since the existing sites are getting so much business. This tower is being located between those other sites. Garry Baker asked for clarification as to whether other carries can locate on the tower. Mr. Sherer replied other carries can locate on the tower, but they will have to maintain the stealth of the tower as well as obtain their own lease for their ground equipment from the property owner. Verizon has only a lease for their equipment. Josh Freed asked who owns the actual tower. The reply was Verizon owns the tower, but the property is leased. Anthony Russo asked if all adjacent property owners were notified. Jennifer Stepleton replied everyone within 100 feet were notified and a sign was posted on the property. Eric Feely, Hwy 347, is the General Manager at the Bridges. They were approached by Jeff Sherer to put in the tower. It is a simple process. The proposed location of the tower is behind their maintenance area, which right now is just a storage and maintenance area. It is a good spot for increasing cell service and low impact to the area. Josh asked if there will be any additional landscaping. Mr. Feely stated they had discussed it, but the clubhouse is really far away. He does not think it will have much impact, but if they need it they will do additional landscaping. The public testimony portion of the hearing was closed. Josh Freed moved to approve CUP16-04 for Ogden Road, Montrose, Colorado (legal description is on file), a request for a Conditional Use Permit to allow a cell phone tower in a B-4 zone with the condition that the applicant also files an Antenna-Tower Application within one year of the approval date. Gary Seitz seconded and the motion carried unanimously.

5 Planning Commission July 13, 2016 Page 4 VAR16-04 LOTS 7 THROUGH 12, BLOCK 54, SELIG S ADDITION TO THE TOWN OF MONTROSE, COUNTY OF MONTROSE, STATE OF COLORADO, KNOWN AS 460 N TOWNSEND AVE. This is a request for a variance from all site development requirements. Housing Resources of Western Colorado is the applicant. Jennifer Stepleton introduced this item. All public requirements have been fulfilled and the official files and exhibits were entered into the record. Housing Resources of Western Colorado recently purchased the property at 460 North Townsend Avenue to expand the programs of the organization, specifically in Montrose. They provide weatherization and self-help housing programs to assist low income families achieve housing goals that may not be financed through traditional avenues. The site is already constructed and completely paved over. Now that they have remodeled the building and cleaned up the property, they would like to place two 12 x 20 sheds on the property to be used for storage. Both of these sheds will require a building permit and triggers site development for the property. Site development for this site would involve at least the installation of sidewalks along both street sides of the property, installing approximately 1300 square feet of landscaping at a depth of 15 feet along the street frontages, and restriping the parking lot to designate a minimum of 9 parking spaces. The applicant is requesting a variance for relief from all site development requirements so the sheds can be installed with no further improvements to the property. Staff recommends approval with the standard conditions that the approval applies only to the submitted site plan, and that the applicant applies for a building permit within one year of the approval date. Doug Glaspell asked if the entire site is paved. The site, including the sidewalk is paved. Mike Rubala, Forever View Circle, approached the podium to speak in favor of the proposed variance. The organization has three locations. They purchased this property last year, after renting in the Montrose area. Doug Glaspell asked if the sheds were enclosed and lockable. Mr. Rubala said they were, and added if the variance is approved they will have them tied down. Doug asked about the color and was told they were the same color roof and sides as the main building. Josh Freed was mainly concerned with the striping of the parking lot. Mr. Rubala said they had not considered striping the parking lot because of the Brownfields monitoring, which will take about a year. If there is a problem everything will have to come out. Josh felt there should striping of the parking lot for a minimum of 9 parking spaces. Scott Murphy stated that any Brownfields contamination responsibility remains with the owner who did the contamination, and they will have to put the site back to the state it was at before the remediation.

6 Planning Commission July 13, 2016 Page 5 Anthony Russo and Gary Seitz were concerned with the lack of landscaping, which they feel would be a great improvement. Mr. Rubala said as far as landscaping is concerned it is off anyone s radar due to the difficulty of getting water to any landscaping at the street. The parking lot is asphalt over concrete and it would cost a lot to excavate a trench to put in a water line. Garry Baker stated the landscaping costs would be substantial compared to cost of the improvements. Anthony asked what purpose the sheds will serve. Mr. Rubala replied they mainly serve to store insulation that is bought in bulk at a discount. Scott asked the cost of the sheds, and was told each shed was $4,600. There was some discussion about the curb cut on Townsend Ave, but Mr. Rubala said it is not being used. The public testimony portion of the hearing was closed. Gary Seitz moved to approve VAR16-04 for Lots 7 through 12, Block 54, Selig s Addition to the Town of Montrose, County of Montrose, State of Colorado, known as 460 N Townsend Ave., a request for a variance from all site development requirements with the standard conditions that the approval applies only to the submitted site plan, the applicant applies for a building permit within one year of the approval date, and the applicant stripe the parking lot. Josh Freed seconded and the motion carried. There was one negative vote by Anthony Russo. OTHER BUSINESS None. NEXT TIME The next Planning Commission meeting is scheduled for July 27, ADJOURNMENT Gary Seitz moved to adjourn the meeting at 6:07 p.m. Josh Freed seconded the motion, and it carried unanimously. ATTEST CHAIRPERSON

7 City of Montrose Planning Services R. Simpson Addition & Initial Zoning PUBLIC NOTICE REQUIREMENTS HAVE BEEN FULFILLED. IF THERE IS NO OBJECTION FROM THE APPLICANT, PLEASE ENTER THE STAFF REPORT AND EXHIBITS INTO THE OFFICIAL RECORD. Proposal: The R. Simpson Addition is located at 3500 N. Townsend Ave. The proposed zoning is B- 3, General Commercial District. This annexation is requested by the owner, who needs to connect to the city sewer due to a failing septic system. See Exhibit 1, Zoning Map; Exhibit 2, map of R. Simpson Addition. Aug. 24, 2016: Planning Commission Zoning Hearing Sept. 6: Annexation Hearing, 1st Reading of Annexation Ordinance, 1st Reading of Initial Zoning Ordinance Sept. 20: 2nd reading of annexation & zoning ordinance Total Size: 1.6 acres Applicant: Robert Simpson Surrounding Land Use and Zoning: Direction Zone Current Use North B-3 Equipment rental/contracting East B-3 Business uses, CO Beverage South &West P Highway right of way is unincorporated, P Zoning exists across highway at the Animal Shelter/Wastewater Treatment Plant Staff Analysis: 1. Below is an excerpt with the applicable provision of the Municipal Code regarding the zoning of new annexations: Section, (B), Zoning of Additions: The Planning Commission shall recommend to the Council a zoning district designation for all property annexed to the City not previously subject to City zoning, and shall follow the review procedure set out in Section in arriving at its recommendation. Proceedings concerning the zoning of property to be annexed may be commenced at any time prior to the effective date of the annexation ordinance or thereafter. The zoning designation for newly annexed property shall not adversely affect the public health, safety and welfare (emphasis added). 1

8 2. The Comprehensive Plan Future Land Use Map designates the area of the R. Simpson Addition as Employment Center, as shown on the Land Use Plan, an element of the Comprehensive Plan. Below is an excerpt from page 3-2 of the Comp Plan. Land Use Designation EMPLOYMENT CENTER: This district is intended to encourage the development of planned light industrial, office and business parks as well as to identify locations for medium industrial uses such as manufacturing, warehousing and distributing, indoor and outdoor storage. This district is also intended to accommodate secondary uses that complement and support the primary workplace uses, such as hotels, restaurants, convenience shopping, childcare and housing. N/A Recommended Density Appropriate Zone Commercial or industrial 3. The subject property is located within Growth Area 1, the area where infrastructure is largely in place to support urban levels of development. 4. The R. Simpson Addition is surrounded by city limits. It is fully compliant with city annexation priorities and policies. 5. Staff finds that the proposed annexation and zoning will not adversely affect the public health, safety and welfare, and is therefore consistent with Municipal Code requirements. Staff Recommendation: Staff recommends approval of B-3 General Commercial Zoning for the R. Simpson Addition. Garry Baker, Senior Planner August 24, 2016: Planning Commission Sept. 6 & 20, 2016: City Council 2

9 R. Simpson Addition & Initial Zoning B-3 B-3 I-2 FRONTAGE RD DENNY CT B-3 B-3 HIGHWAY 50 FRONTAGE R. Simpson Add. 1.6 Acres B-3 N TOWNSEND AVE N TOWNSEND AVE B RD Leg en d CIT Y O F M O N TR O SE ZO N IN G P, City -O w ned P ropert y R-1, Very Low D ens ity R-1 A, Lar ge Es tates R-1 B, S m all Es tates R-2, Low Density R-3, M edium D ens ity R-3 A, M edium H igh D ens ity (A pts.) R-4, High D ens ity (A pts.) P B-3 R-5, Low dens it y/m anufac tured H ous ing D is tric t R-6, M edium D ens ity/ M anufac tured H ous ing D is tric t M HR, M obile H om e R es idential RL, R ural Liv ing OR, O ffic e/r es id ential B-1, C entr al Bus ines s B-2, H ighw ay C om m erc ial B-2A, R egional Co m m erc ial B-3, Gene ral Co mmercial B-4, N eighbor hood Sh opping I-1, Light Industr ial I-2, G eneral Ind ust rial Not Z oned P Count y P arc els _ M o n tro s e_ n o rth.l yr RGB Red: Band_1 Gr een: Ba nd_2 Blue: B and_3 FRONTAGE RD Feet Map created Aug. 15, 2016

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11 City of Montrose Planning Services Staff Report Name of Proposal: Rezone Location: Requested Action: TBD North Grand Avenue Spring Creek Road (see maps) Rezone property from R-6 (Medium Density Residential) to I-1 (Light Industrial) Applicant/Owner(s): Black Mountain Capital, LLC Surrounding Land Uses and Zoning: Zoning Land Use North: I-2, B-2 Vacant land South: R-6 Vacant land East: B-3, P Vacant land West: Unincorporated Vacant land Background: Analysis: This request is to rezone the vacant land located at the northwest corner of the roundabout at Grand Avenue and North 9 th Street. This property is associated with Mayfly Outdoors and will be part of their future development plans. If approved, any development project would require site development review to ensure the City s standards for development are met before a building permit can be issued. Currently, no development plans have been submitted. The rezone criteria, outlined in Section of the City of Montrose Zoning Regulations, are as follows: 1. The amendment is not adverse to the public health, safety and welfare; 2. The amendment is in substantial conformity with the master plan, or a. The existing zoning is erroneous, or b. Conditions in the area affected or adjacent areas have changed materially since the area was last zoned. City of Montrose Comprehensive Plan: Land Use Chapter 3 The property is located within an Employment Center area identified in the Future Land Use Map from the 2012 Land Use Plan. This designation is intended for

12 development of light industrial, office and business parks as well as to identify locations for medium industrial uses such as manufacturing, warehousing and distributing, indoor and outdoor storage. It is also located within the 2011 River Master Plan area, which has been a priority for redevelopment for several years. Municipal Code: 4-4-9: R-6 Medium Density Residential (A) Intent: This District is intended to provide a quiet, medium-density development for single family residences and duplexes. Municipal Code: : I-1 Light Industrial (A) Intent: The purpose of the Light Industrial District is to accommodate a limited group of research and manufacturing uses which need adequate space, light, and air, and whose operations are quiet and clean. This promotes the creation and maintenance of an environment which will serve the mutual interests of the community as a whole, of any adjacent residential areas and of the occupants of the industrial park area. Recommendation: Staff feels all the criteria for rezoning have been met and recommends approval of the request. Planning Commission makes a recommendation to City Council for final action. Jennifer Stepleton Assistant Planner Planning Services August 8, 2016 S:\Planning Commission\Rezone\2016/16-02

13 VICINITY MAP

14 SUBJECT PROPERTY

15 CURRENT ZONING MAP

16 LETTER FROM APPLICANT

17 City of Montrose Planning Services Staff Report Name of Proposal: Rezone Location: Requested Action: TBD Hill Street (see maps) Rezone property from P (Public District) to R-1 (Very Low Density Residential) Applicant/Owner(s): City of Montrose Surrounding Land Uses and Zoning: Zoning Land Use North: R-1 Single-family homes South: Unincorporated Single-family homes East: R-1 Single-family homes West: R-1 Single-family homes Background: Analysis: This property is located in the Fox Hills Subdivision and was included in the City of Montrose s park system. Due to geographical challenges, the property has never been developed for its intended use. The former Parks Advisory Board recommended that ownership of this land be returned to the Home Owner s Association, which the HOA agreed to as long as the zoning of the property matched that of the rest of the subdivision. This request is the first step in transferring ownership of this land to the Home Owner s Association. The rezone criteria, outlined in Section of the City of Montrose Zoning Regulations, are as follows: 1. The amendment is not adverse to the public health, safety and welfare; 2. The amendment is in substantial conformity with the master plan, or a. The existing zoning is erroneous, or b. Conditions in the area affected or adjacent areas have changed materially since the area was last zoned. City of Montrose Comprehensive Plan: Land Use Chapter 3 The property is located within a Residential Mixed Density Low area identified in the Future Land Use Map from the 2012 Land Use Plan. This designation is intended to

18 preserve the traditional building pattern of the existing residential development in Montrose and will continue to be a predominant density in the City. In addition to single-family homes, this district allows small amounts of attached residential dwelling units (such as duplexes and even small groups of townhomes). Municipal Code: 4-4-9: P Public District (A) Intent: To provide public recreation facilities, government buildings and facilities, events or conference centers, schools, libraries, and other public lands and buildings. Uses are of a public, nonprofit, or charitable nature and provide a local service to the people of the community on a regular basis. Municipal Code: : R-1 Very Low Residential Density (A) Intent: To provide for overall very low density residential development. Recommendation: Staff feels all the criteria for rezoning have been met and recommends approval of the request. Planning Commission makes a recommendation to City Council for final action. Jennifer Stepleton Assistant Planner Planning Services August 8, 2016 S:\Planning Commission\Rezone\2016/16-03

19 VICINITY MAP

20 SUBJECT PROPERTY

21 CURRENT ZONING MAP

22 City of Montrose Planning Services Staff Report Name of Proposal: Variance #16-06 Location: Requested Action: 707 South Forty Drive (see maps) Variance from side setback requirements Applicant/Owner(s): John Engel Zoning: MHR Mobile Home Residential Surrounding Land Uses and Zoning: Zoning Land Use North: MHR Single-family homes South: MHR Single-family homes East: MHR Single-family homes West: MHR Single-family homes Background: The applicant purchased this property several years ago and is interested in building a carport to increase the available storage. The property is zoned MHR and has a minimum setback requirement of 10 feet from the side property line. There is also a 5 foot drainage easement platted along the side of the property, which cannot be built upon. The applicant is requesting a variance to reduce the side setback from 10 to 5 feet in order to build a carport between the house and the easement. The carport is approximately 360 square feet and would be build 2 feet 6 inches from the side of the house in order to stay outside the easement. This request will require a second driveway on the property, which has been approved by the City Engineer. All applicable building codes must be met as part of the building permit process and is the responsibility of the Building Official to enforce. Analysis: The variance criteria for site development, outlined in Section of the City of Montrose Municipal Code, are as follows: 1. The variance will not adversely affect the public health, safety, and welfare.

23 2. Unusual physical circumstances shall exist, such as unusual lot size or shape, topography, or other physical conditions peculiar to the affected property, and violations of the code shown by clear and convincing evidence that they were made in good faith, which makes it unfeasible to develop or use the property in conformity with the provisions of this Chapter in question. 3. The unusual physical circumstances have not been created as a result of the action or inaction of the applicants, other parties in interest with the applicant, or their or his predecessors in interest. 4. The variance requested is the minimum variance that will afford relief and allow for reasonable use of the property. 5. The variance will not result in development incompatible with other property or buildings in the area, and will not affect or impair the value or use or development of other property. 6. Strict compliance is technically infeasible or the cost of the required site improvements is substantially more than the cost of the addition or structure or the scope of the addition or structure is insignificant with respect to the structures already on the premises. Recommendation: Staff recommends approval with the standard conditions that the approval applies only to the submitted site plan, and that the applicant applies for a building permit within one year of the approval date. Jennifer Stepleton City of Montrose Planning Services August 8, 2016 S:\Planning Commission\Variances\2016/16-06 John Engel

24 Vicinity Map

25 Location Aerial

26 Site Plan

27 Letter from Applicant