REGULAR CITY COUNCIL MEETING Tuesday, July 7, :00 P.M., CITY COUNCIL CHAMBERS Located in the Elks Civic Building at 107 South Cascade Avenue

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1 REGULAR CITY COUNCIL MEETING Tuesday, July 7, :00 P.M., CITY COUNCIL CHAMBERS Located in the Elks Civic Building at 107 South Cascade Avenue The Montrose City Council is pleased to have residents of the community take time to attend City Council Meetings. We encourage your attendance and participation. Individuals wishing to be heard during public hearing proceedings are encouraged to be prepared and will generally be limited to three minutes to allow everyone the opportunity to be heard. Additional written comments are welcome and will be received at any time. The 11:00 p.m. rule will be enforced. All agenda items scheduled and noticed to be heard today must begin prior to 11:00 p.m. or they will be rescheduled. At 11:00 p.m., if the meeting has not already been adjourned, further proceedings shall be conducted as follows: 1) If the City Council is discussing an agenda item, but has not voted on the item before 11:00 p.m., the City Council may take a vote to decide whether to continue the item to the next meeting. 2) The City Council may also consider additional agenda items that require action in a specified time period due to legal requirements. 3) All other agenda items not previously opened shall be placed first on the next City Council Agenda. 1) City Council meeting called to order by Mayor David Romero 2) The Pledge of Allegiance 3) Roll call by City Clerk 4) Changes to the agenda, including additions and deletions 5) Public Art experience (PAX) Presentation to City Council 6) CALL FOR PUBLIC COMMENT The Call for Public Comment agenda item is a time when concerned members of the community may publicly voice their concerns and discuss items of interest. Please note that no formal action will be taken on the matters raised during this time. Individuals wishing to speak will be recognized by the Chair, invited to the podium, asked to state their name and address and will be allowed three minutes to speak. Comments made during this time should be addressed to the Council and pertain to matters of at least general importance to the City and its operations. Please be aware that neither City Council nor City staff are expected to respond or engage in discussion or debate. Personal attacks and disagreements, personnel and employment matters, the use of profanity or ethnic, racial or gender-oriented slurs are prohibited, as is any disorderly conduct which violates state or local law and shall not be permitted. If an individual disregards these rules, they will be asked to leave the Council Chambers. *Please note that the times listed are estimates of approximately how long each item may take. This time is intended to serve as a guide for the Mayor in an effort to help keep the meeting moving. *Hearing assistance devices are available for public use. Please let us know if you need accommodation.

2 Regular City Council Agenda Page 2 7) APPROVAL OF MINUTES (5 minutes) City Council consideration of the minutes of the June 15, 2015, regular City Council meeting. 4-8 Action: Consider making a motion to approve the minutes of the June 15, 2015, City Council meeting as presented. Staff: City Clerk Lisa DelPiccolo 8) RETAIL LIQUOR STORE LIQUOR LICENSE TRANSFER (15 minutes) City Council consideration of the transfer of a Retail Liquor Store Liquor License at 1518 E. Main Street from TNT Liquors, Inc., d.b.a. Montrose House of Spirits, to LaJoy Enterprises, Inc., d.b.a. House of Spirits Montrose, for consumption off premises Action: Accept public comment. Consider making a motion to approve the transfer of a Retail Liquor Store Liquor License at 1518 E. Main Street from TNT Liquors, Inc., d.b.a. Montrose House of Spirits, to LaJoy Enterprises, Inc., d.b.a. House of Spirits Montrose, for consumption off premises. Staff: City Attorney Stephen Alcorn 9) AMENDED ORDINANCE FIRST READING (15 minutes) City Council consideration of Amended Ordinance 2356 on first reading, an Ordinance of the City of Montrose, Colorado, pertaining to the parking of recreational vehicles and trailers in the public right of way Action: Hold a hearing. Consider making a motion to pass Amended Ordinance 2356 on first reading. Staff: City Attorney Stephen Alcorn 10) H & S ADDITION ANNEXATION (20 minutes) City Council will hold a hearing on the annexation of the H & S Addition Resolution : City Council consideration of Resolution , Findings of Fact for the annexation of the H & S Addition. Ordinance 2358 First Reading: City Council consideration of Ordinance 2358 on first reading, an ordinance of the City of Montrose, Colorado, for the annexation of the H & S Addition. Action: Hold a hearing. Consider making a motion to adopt Resolution as presented. Consider making a motion to pass Ordinance 2358 on first reading, with the second reading on July 21, Staff: Senior Planner Garry Baker

3 Regular City Council Agenda Page 3 11) ORDINANCE 2359 FIRST READING (15 minutes) City Council consideration of Ordinance 2359 on first reading, an Ordinance of the City of Montrose, Colorado, providing for the zoning of the H & S Addition as an MHR, Mobile Home Residential District Action: Hold a hearing. Consider making a motion to pass Ordinance 2359 on first reading, with the second reading on July 21, Staff: Senior Planner Garry Baker 12) EAGLE LANDING FILING NO. 7 FINAL PLAT (15 minutes) City Council consideration of Eagle Landing Filing No. 7 Final Plat, a request to create 23 single-family residential lots, six outlots, and road dedications as approved by the City on the Eagle Landing PD Plan. The platted lots are 7.67 acres in size. It is zoned R-3. The new building lots are located south of Stone Bridge Drive and Majestic Circle Action: Accept public comment. Consider making a motion to approve Eagle Landing Filing No. 7 Final Plat 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 Final Plat. The City staff is not authorized by this approval to execute and record the Final Plat prior to all conditions being satisfied. Staff: Senior Planner Garry Baker 13) STAFF REPORTS A. Public Information Officer Report (5 minutes) (City Manager Bill Bell) 14) ADJOURNMENT

4 A regular meeting of the Montrose City Council was held on Monday, June 15, 2015, at 6:00 p.m., in the City Council Chambers located in the Elks Civic Building at 107 South Cascade Avenue. Said meeting was posted in accordance with the Sunshine Law. PRESENT: David Romero, Rex Swanson, Kathy Ellis, Judy Ann Files, Bob Nicholson, Bill Bell, Rob Joseph, Stephen Alcorn, Andrew Boyko, Lisa DelPiccolo, John Harris, David Bries, Tom Chinn, Keith Caddy, Virgil Turner, Jeff Scheetz, Terri Wilcox GUESTS: Phil Freismuth, Melanie Freismuth, Chris Trujillo, Ethel Brown, Vuthy Soeur, Kunthea Thoun, Eliott Steinberg CALL TO ORDER Mayor David Romero called the meeting to order at 6:01 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Utility Division Superintendent David Bries. CHANGES TO THE AGENDA Mayor Pro Tem Rex Swanson noted that the Item 8, Hotel and Restaurant Liquor License Transfer, should be changed to Retail Liquor Store Liquor License Transfer. BIKE TO WORK DAY PROCLAMATION Mayor David Romero and the City Council proclaimed June 24, 2015, as Bike to Work day in the City of Montrose. Mayor Romero presented the proclamation to Senior Planner Garry Baker. CALL FOR PUBLIC COMMENT Chris Trujillo asked when the railroad crossing at N. Fourth Street would be repaired. Mr. Trujillo also spoke in favor of naming a proposed park on North 9 th Street Morada Chapel Park, and explained the location s historic and cultural significance to the community. Mr. Trujillo said he would be in favor of a historical marker on the location until a park is built. City Council asked staff to gather information, work with a citizen committee, and report at a work session. Public Works Director John Harris addressed explained that the railroad tracks are the property of Union Pacific and cannot be repaired by the City. 4

5 City Council Meeting Minutes June 15, 2015 Page 2 of 5 APPROVAL OF MINUTES City Council considered the minutes of the June 2, 2015, regular City Council meeting. A motion was made Rex Swanson, seconded by Judy Ann Files, to approve the minutes of the June 2, 2015, regular City Council meeting as presented. All voted yes. Motion passed. BID APPROVAL City Council considered a bid for the purchase of replacement CCTV inspection equipment for use in maintaining the sanitary sewer collection system. The purchase of this upgraded equipment is included in the 2015 Sewer Collection and Maintenance Operating Equipment budget. Public Works Director John Harris recommended giving the equipment that is being replaced to the Town of Olathe. A motion was made by Rex Swanson, seconded by Judy Ann Files, to award the bid for replacement CCTV inspection to Neverest Equipment Company for the total purchase price of $74, All voted yes. Motion passed. RETAIL LIQUOR STORE LIQUOR LICENSE TRANSFER City Council considered the transfer of a Retail Liquor Store Liquor License at 700 N. Townsend Ave. from Trieu, LLC, d.b.a. Drive In Liquor to KH9 LLC, d.b.a. Drive In Liquor for consumption off premises. Assistant City Attorney Andrew Boyko, explained that because the application is for the transfer of an existing license, the needs and desires of the community have already been established and a hearing is not required. Applicants Vuthy Soeur and Kunthea Thoun answered questions from Council and explained that they intend to operate in accordance with state statute and that employees will be required to attend alcohol server training. Public comment was accepted. No comments were received. A motion was made by Bob Nicholson, seconded by Rex Swanson, to approve the transfer of a Retail Liquor Store liquor license at 700 N. Townsend Ave. from Trieu, LLC, d.b.a. Drive In Liquor to KH9 LLC, d.b.a. Drive In Liquor for consumption off premises. All voted yes. Motion passed. 5

6 City Council Meeting Minutes June 15, 2015 Page 3 of 5 HOTEL AND RESTAURANT LIQUOR LICENSE TRANSFER City Council considered the transfer of a Hotel and Restaurant Liquor License at 2100 Airport Road from LaJoy Enterprises, Inc., d.b.a. Jetway Café, to Horsefly Brewing Company LLC, d.b.a. Airfly for consumption on premises. Assistant City Attorney Andrew Boyko stated that this application is for the transfer of an existing license in the concourse outside of the secure area. Because the application is for a transfer, the needs and desires component does not apply, and a hearing is not necessary. Applicant Melanie Freismuth and Manager Phil Freismuth stated that they are familiar with state liquor laws and had one employee fail a compliance check. All employees are required to attend alcohol server training. Public comment was accepted. No comments were received. A motion was made by Rex Swanson, seconded by Judy Ann Files, to approve the transfer of a Hotel and Restaurant Liquor License at 2100 Airport Road from LaJoy Enterprises, Inc., d.b.a. Jetway Café, to Horsefly Brewing Company LLC, d.b.a. Airfly for consumption on premises. All voted yes. Motion passed. NEW HOTEL AND RESTAURANT LIQUOR LICENSE APPLICATION City Council consideration of a new Hotel and Restaurant Liquor License at 2100 Airport Road for Horsefly Brewing Company LLC, d.b.a. Airfly for consumption on premises. A hearing was held. Assistant City Attorney Andrew Boyko explained that the application is for a new license inside the secure area which requires a hearing to determine the needs and desires of the neighborhood. Mr. Boyko defined the neighborhood as the entire area within the City limits. Mayor David Romero opened the hearing. Applicant Melanie Freismuth and Manager Phil Freismuth reviewed their familiarity with state liquor laws, and stated that employees will attend alcohol server training. Horsefly Brewing Company LLC current holds a Beer and Wine liquor license on the premises. Ms. Freismuth reported that the airport conducted a survey which determined that a significant number of customers want alcohol beverages in addition to beer and wine inside the secure area. Public comments were accepted. No comments were received. Mayor Romero closed the hearing. A motion was made by Rex Swanson, seconded by Bob Nicholson, to approve a new Hotel and Restaurant Liquor License at 2100 Airport Road for Horsefly Brewing Company LLC, d.b.a. Airfly for consumption on premises. All voted yes. Motion passed. 6

7 City Council Meeting Minutes June 15, 2015 Page 4 of 5 SUNRISE CREEK FILING NO. 4 FINAL PLAT City Council considered Sunrise Creek Filing No. 4 Final Plat. This is an application to final plat 20 lots, and to dedicate a portion of Market Street to the City. It also dedicates an open space tract to connect to the Pavilion parking area. The property is 3.74 acres in size and is zoned B-4. Staff recommends conditional approval. Senior Planner Garry Baker explained that City Council previously approved the preliminary plat. Mr. Baker reviewed the location just west of the Montrose Pavilion on Niagara Road and indicated that a 10-foot concrete pedestrian path will connect the development to the Pavilion. Mr. Baker recommended conditional approval and stated that the development will include a new city street, including water, sewer, and sidewalks. A deposit is on file to offset any infrastructure failures. Applicant Eliot Steinberg was present to answer questions. Public comment was accepted. No comments were received. A motion was made by Kathy Ellis, seconded by Bob Nicholson, to approve Sunrise Creek Filing No. 4 Final Plat 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 and recording of the final plat. The City staff is not authorized by this approval to execute and record the final plat before all conditions are satisfied. All voted yes. Motion passed. STAFF REPORTS Sales, Use, and Excise Tax Report: Finance Director Shani Wittenberg presented sales, use, and excise tax information for the month of April Ms. Wittenberg reported that total sales and use tax collections were up 6.0 percent as compared to April 2014 with a 5.6 percent budget variance. Year-to-date collections were up 10.5 percent with a 10.2 percent budget variance. Recreation District collections totaled $110, for the month of April. City Council acknowledged the Office of Business and Tourism (OBT), local merchants, and citizens who shop locally. Assistant City Manager Rob Joseph thanked the Montrose Daily Press for a comprehensive article on OBT published on June 14 and thanked the community for welcoming visitors to Montrose. Public Information Officer Report: City Manager Bill Bell announced vacancies on the Downtown Development Authority Board of Directors and the City of Montrose Planning Commission and encouraged interested citizens to contact the City Clerk for application details. Mr. Bell commended Golf Professional Angelo DeJulio for developing a successful Youth Golf Program at Black Canyon Golf Course again this year. 7

8 City Council Meeting Minutes June 15, 2015 Page 5 of 5 ADJOURNMENT At 6:59 p.m., a motion was made by Judy Ann Files, seconded by Kathy Ellis, to adjourn with no further action taken. All voted yes. Motion passed. ATTEST: David Romero, Mayor Lisa DelPiccolo, City Clerk 8

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12 AMENDED ORDINANCE NO AN ORDINANCE OF THE CITY OF MONTROSE, COLORADO, PERTAINING TO THE PARKING OF RECREATIONAL VEHICLES AND TRAILERS IN THE PUBLIC RIGHT OF WAY NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONTROSE, COLORADO THAT: : PARKING OF RECREATIONAL VEHICLES AND TRAILERS IN THE PUBLIC RIGHT OF WAY (A) DEFINITIONS: ACTIVE LOADING OR UNLOADING The period of time in which a person or persons are physically engaged in the labor of loading or unloading. BOAT A vessel capable of carrying one or more people and intended for use on the water. COMMERCIAL CONTRATOR A person who, for compensation or with the intent to sell, arranges or undertakes or offers to undertake or submits a bid to construct, alter, repair, add to, subtract from, improve, inspect, move, wreck or demolish, for another, any building, excavation or other structure, project, development or improvement attached to real estate, or to do any part thereof. OFF HIGHWAY VEHICLES (OHVs) Vehicles designed to travel on wheels or tracks in contact with the ground. Designed primarily for use off of the public highways and generally and commonly used to transport persons for recreational purposes. PARK or PARKING The standing of a vehicle, whether occupied or not, on public property or a public right of way. RECREATIONAL VEHICLE Includes, but is not limited to; any self-propelled vehicle containing sleeping and other facilities for habitation, or vehicle primarily used for recreational purposes, including all-terrain vehicles, boats, boat trailers, camper trailers, jet skis, motorhomes and snowmobiles. TRAILER, BOAT A trailer intended for the purpose of moving boats or jet skis from place to place. TRAILER, CAMPER A trailer containing sleeping and other facilities for habitation and intended to be towed or carried by another vehicle. 12

13 TRAILER, UTILITY Includes, but is not limited to; a trailer generally used for the hauling of miscellaneous household, yard materials or snowmobiles or OHVs (B) PROHIBITED ACTS: (1) Except as provided in (B)(a) and (b), no person shall park or leave standing any trailers, utility trailers, recreational vehicles, campers, boats, snowmobiles, off highway vehicles (OHVs) or other recreational vehicles on a City street, road or public right of way within a residential district in the City. (a) Actively loading or unloading the recreational vehicle, trailer, utility trailer, camper, or boat. (b) For a period of not more than five days, once a month, a trailer, utility trailer, camper, boat, and other recreational vehicle may be parked or left standing on a City street, road or public right of way if the trailer or recreational vehicle is otherwise allowed to park there, and it does not create a traffic hazard, and if: (i) (ii) (iii) The trailer, utility trailer, camper, boat, or other recreational vehicle is parked or left standing contiguous to a residence by the occupant of that residence or by a person visiting the residence with the residential occupants permission. It shall not be a defense to this section that the trailers, utility trailers, campers, boats, snowmobiles, off highway vehicles (OHVs) and other recreational vehicles have been moved to a different location within the public right of way. To be in compliance, the trailers, utility trailers, campers, boats, snowmobiles, off highway vehicles (OHVs) and other recreational vehicles must be removed from the public right of way. Once a calendar year, a resident may telephone the Montrose Police Department, non-emergency number and request one additional five day extension. (2) No person shall park or leave standing any trailers, utility trailers, campers, boats, snowmobiles, off highway vehicles (OHVs) and other recreational vehicles within the City Limits in such a manner to impede a safe traffic flow. (3) No trailer used by a commercial contractor may be parked overnight on a City street, road or public right of way within the City limits unless they have previously notified the Montrose Police Department and have received approval. 13

14 6-1-29(C) PENALTY: The penalty for the first offense is a fine of $200. The penalty for a second offense in the same calendar year is $500. Any subsequent violations in the same calendar year is a fine of not more than $2,600 per violation. The Municipal Court may make a finding that an offending trailer, utility trailer, camper, boat, snowmobile, off highway vehicle (OHV) and other recreational vehicle is a nuisance and maybe impounded and disposed of in accordance with applicable laws (B) is superseded by this ordinance. You will please take notice that the Montrose City Council will hold a hearing upon the above Ordinance and on the question of its adoption on first reading on Tuesday, the 7th day of July, 2015, at the hour of 6:00 p.m. at the City Council Chambers in the Elks Civic Building, in Montrose, Colorado. INTRODUCED, READ AND PASSED on first reading this 7th day of July, ATTEST: David Romero, Mayor Lisa DelPiccolo, City Clerk INTRODUCED, READ and ADOPTED on second reading this 21st day of July, This Ordinance shall take effect immediately, superseding the current City Ordinance (B). ATTEST: Rex Swanson, Mayor Pro Tem Lisa DelPiccolo, City Clerk 14

15 City of Montrose Planning Services H & S 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 H & S Addition is approximately acres at Rd. The proposed zoning is MHR, Mobile Home Residential District. This annexation is requested by a homeowner contiguous to the city limits. See Exhibit 1, Comprehensive Plan designation and location; Exhibit 2, Zoning Map; Exhibit 3, map of H & S Addition. May 19: Council set hearing date of July 7, 2015 for H & S Addition July 7: Annexation Hearing, 1st Reading of Annexation Ordinance, 1st Reading of Initial Zoning Ordinance July 21: 2nd reading of annexation & zoning ordinance Total Size: acres Applicant: Lisa Millican Surrounding Land Use and Zoning: Direction Zone Current Use North General Ag Residential East General Ag Residential South General Ag Residential West MHR Residential 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). 2. The Comprehensive Plan Future Land Use Map designates the area of the H & S Addition as Residential Mixed Density Low, 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. 15

16 Land Use Designation RESIDENTIAL MIXED DENSITY LOW: This low density residential land use is intended to 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) Recommended Density Min.: 1 du/ per 3 acres Max: 6 du/ac Avg: 4 du/ac RL R-1 R-1A R-1B R-2 MHR Appropriate Zone 3. The subject property is located within Growth Area 2, the area where infrastructure is largely in place to support urban levels of development. 4. The proposed MHR zoning fits the Comprehensive Plan recommendations for density. 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. 6. The zoning ordinance and annexation ordinance is scheduled for City Council at the July 7 and July 21 meetings. Staff Recommendation: Staff recommends approval of MHR Zoning for the H & S Addition Garry Baker, Senior Planner June 24, 2015: Planning Commission July 7 & 21, 2015: City Council 16

17 2012 Comprehensive Plan FUTURE LAND USE Map 3.1 JUNIPER JUNIPER k H & S Addition KENTUCKY LINCOLN Residential Mixed Density Low LILAC Residential Mixed Density Medium Downtown Mixed Density High 6530 Central Business Major Center Secondary Center TOWNSEND Neighborhood Center* General Commercial Employment Center Urban Growth Boundary SAN JUAN k Gateway Future Community Park River Greenway Regional Park** City Limits Airport MARINE GRAND Miles 17

18 H & S Addition Location Map KENTUCKY RD 6450 RD Niagara Rd. alignment Legend County Parcels B-1, Central Business B-1A, Community Commercial B-2, Highway Commercial B-2A, Regional Comm ercial B-3, General Commercial B-4, Neighborhood S hopping I-1, Light Industrial I-2, General Indus trial MHR, Mobile Hom e Res idential H & S Add acres MR, Medic al/residential OR, O ffice/residential R-1, Very Low Density R-1A, Large Estates R-1B, Small Estates R-2, Low Density R-3, Medium Density R-3A, Medium High Density (A pts.) MHR R-4, High Density (Apts.) R-5, Low density/manufac tur ed Housing Dis tric t R-6, Medium Density /Manufactur ed Housing Distr ict RL, Rural Liv ing Not Zoned MHR MHR Feet

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20 RESOLUTION NO BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTROSE, COLORADO, as follows: The City Council hereby set forth its findings of fact and conclusions based thereon with respect to the annexation of the H & S Addition based on the evidence contained in the official file, the official records of the City of Montrose, Colorado and the evidence produced at the Hearing held on July 7, FINDINGS OF FACT 1. The requirements of the applicable parts of Sections and , C.R.S. have been met including the following: A. Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the City as can be seen from the annexation map. B. A community of interest exists between the area proposed to be annexed and the City, due to the proximity of the area to the City, the desire the owners to annex and existing City services in the area. C. The area is urban or will be urbanized in the near future and the area is already substantially integrated with, and is capable of being fully integrated with the City. D. It is practical to extend City services to the area on the same terms and conditions on which services are available to City citizens generally. E. No land held in identical ownership has been divided into separate parts. No tract over 20 acres with a valuation of over $200,000 has been included without written consent. No annexation proceedings concerning this area have been commenced by any other municipality. F. This annexation will not result in any detachment of area from the Montrose School District No. RE-lJ. No part of the area to be annexed extends any more than three miles from the existing City boundaries. The City has in place a plan for that area as required by C.R.S G. The entire width of any streets to be annexed are included within the annexation. H. Access shall be allowed to annexed portions of the street to the owners of unincorporated property adjoining annexed streets on a reasonable basis. 2. No petition for annexation election has been submitted and an election is not required pursuant to C.R.S (2). 20

21 3. The City Council has determined that additional terms and conditions will not be imposed. 4. The Petition was signed by the owners of 100% of the property to be annexed exclusive of streets and alleys. 5. Proper notice of this hearing was published and mailed as required by C.R.S An Annexation Impact Report is not required. CONCLUSIONS 1. The area proposed for annexation as the H & S Addition is eligible for annexation pursuant to applicable parts of C.R.S None of the limitations of C.R.S apply to restrict annexation. 3. Said Addition may be annexed by Ordinance pursuant to C.R.S , without election. ADOPTED this 7th day of July, 2015, by the Montrose City Council. CITY OF MONTROSE, COLORADO ATTEST: By David Romero, Mayor Lisa DelPiccolo, City Clerk 21

22 ORDINANCE NO AN ORDINANCE OF THE CITY OF MONTROSE, COLORADO, FOR THE ANNEXATION OF THE H & S ADDITION. WHEREAS, a petition for the annexation of a tract of land known as the H & S Addition has been submitted to the City of Montrose and has been found by the City Council to be in substantial compliance with C.R.S (1), and WHEREAS, said petition has been signed by the owners of 100% of the area proposed to be annexed exclusive of streets and alleys, and WHEREAS, the property is eligible for annexation in accordance with the Municipal Annexation Act of 1965, as amended, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONTROSE, COLORADO, as follows: SECTION 1: The property described in Exhibit A, known as the H & S ADDITION, is hereby annexed to the City of Montrose, Colorado. INTRODUCED, READ and PASSED on first reading this 7th day of July, ATTEST: David Romero, Mayor Lisa DelPiccolo, City Clerk You will please take notice that the Montrose City Council will hold a hearing upon the above Ordinance and on the question of its adoption on second reading on Tuesday, the 7th day of July, 2015, at the hour of 6:00 p.m. at Montrose City Council Chambers, 107 S. Cascade Ave. (2 nd Floor), Montrose, Colorado. 22

23 INTRODUCED, READ and ADOPTED on second reading this 21st day of July, ATTEST: Rex Swanson, Mayor Pro Tem Lisa DelPiccolo, City Clerk EXHIBIT "A" (Legal Description of property) A tract of land situated in the SW1/4SE1/4 Section 16, Township 49 North, Range 9 West, M.M.P.M., also being a part of Lot 1 of the Millican-Bliss-Martin Exemption for Boundary Line Adjustment recorded at Reception No Montrose County Records, Montrose County, Colorado, said tract being more particularly described as follows: Beginning at a point on the south line of said SW1/4SE1/4 Section 16, also being on point on a boundary Line of the 6450 Road Addition No. 3 to the City of Montrose, also being a point on the east right-of-way line of 6450 Road, also being a point on the south line of said Lot 1, Millican-Bliss-Martin Exemption for Boundary Line Adjustment, from whence the southwest corner of said SW1/4SE1/4 Section 16 bears N W, ft.; thence North along said east right-of-way line, also being a boundary line of said 6450 Road Addition No. 3, a distance of ft. to a point on the north line of said Lot 1; thence East, ft. to the northeast corner of said Lot 1; thence South, ft. to the southeast corner of said Lot 1, also being a point on the south line of said SW1/4SE1/4 Section 16, also being a point on a boundary line of said 6450 Road Addition No. 3; thence N W along said south line of said SW1/4SE1/4 Section 16 and along the south line of said Lot 1 and along a boundary line of said 6450 Road Addition No. 3, a distance of ft. to the point of beginning, containing acre. 23

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25 H & S Addition 25

26 Annexation Hearing All public notice requirements have been fulfilled Resolution, Findings of Fact Annexation Ordinance 26

27 Initial Zoning MHR (Mobile Home Residential) Requested Matches zoning in area Not adverse to public health, safety, or welfare Planning Commission recommends approval of MHR zoning 27

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31 Annexation Agreement Items Road dedication for Rd. (40 feet) from centerline Water & Sewer extensions responsibility of the applicant If requested by City, ditches/canals removed from right of way 31

32 Project Schedule May 5: Council Resolution setting a hearing date June 24: Planning Commission Initial Zoning Recommendation No Impact Report Required May/June: City Clerk Notifications July 7: Annexation Hearing 1 st Reading of Annexation Ordinance 1 st Reading of Zoning Ordinance July 21: Annexation Ordinance 2 nd Reading Zoning Ordinance, 2 nd Reading 32

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34 ORDINANCE NO AN ORDINANCE OF THE CITY OF MONTROSE, COLORADO, PROVIDING FOR THE ZONING OF THE H & S ADDITION AS AN MHR, MOBILE HOME RESIDENTIAL DISTRICT. WHEREAS, the H & S Addition has been recently annexed to the City of Montrose, Colorado; and WHEREAS, the owners of such property have requested zoning which the Planning Commission has reviewed and recommended in accordance with the requirements of the City Code; and WHEREAS, the proposed recommendation is substantially in accord with the City s Comprehensive/Master Plan, is compatible with existing zoning in nearby or adjoining properties, and is in the public interest. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONTROSE, COLORADO, that The Official Zoning Map is hereby amended to designate the H & S Addition, according to the Official Annexation Map thereof, as MHR, Mobile Home Residential District. You will please take notice that the Montrose City Council will hold a hearing upon the above Ordinance and on the question of its passage on first reading on Tuesday, the 7th day of July, 2015 at the hour of 6:00 p.m. at the Montrose City Council Chambers, Elks Civic Building in Montrose, Colorado. INTRODUCED, READ and PASSED on first reading this 7th day of July, ATTEST: David Romero, Mayor Lisa DelPiccolo, City Clerk 34

35 INTRODUCED, READ and ADOPTED on second reading this 21st day of July, Rex Swanson, Mayor Pro Tem ATTEST: Lisa DelPiccolo, City Clerk 35

36 City of Montrose Planning Services Staff Report Name of Proposal: Eagle Landing Filing No. 7 Final Plat This is a request to create 23 single-family residential lots, six outlots, and road dedications as approved by the City on the Eagle Landing PD Plan. The platted lots are 7.67 acres in size. It is zoned R-3. The new building lots are located south of Stone Bridge Dr. & Majestic Circle. See Exhibit 1, location map, Exhibit 2, plat map, Exhibit 3, Open Space proposed to be incorporated into lots. Applicant: Ed Johnson Zoning: R-3 Surrounding Land Use and Zones: Direction Land Use Zone North Residential R-3 East Residential R-3, R-2 South Golf Course R-3 West Golf Course R-3 Comprehensive Plan: Land Use Plan: The 2012 City of Montrose Comprehensive Plan designates this Residential Mixed Density Low Growth Boundary: The property lies within the Urban Growth Boundary. Staff Comments: These lots were approved as part of the Eagle Landing PD Plan. An open space (Park P-1) in the middle has been incorporated into the adjacent lots. The open space did not appear to be usable and would likely have become a maintenance problem in the future. The open space is not needed to meet any city codes. Recommended Action: 1. Conditional Approval a. [Standard Condition] The approval of this Final Plat 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 Final Plat. The City staff is not authorized by this approval to execute and record the Final Plat prior to all conditions being satisfied. Garry Baker Senior Planner 36

37 Eagle Landing Filing No. 7 (Outlined in Yellow) WA Y W AY Y LS NE O DO W NI CH CIM AR RON ST O U R AY D R COURT WAY A AY M WAY AY W LAURA LN 7.67 Acres 23 lots QU E 6700 RD WHITE HOUSE DR STONE BRIDGE DR CIR JUPITER DR MATIE LN PEYTON DR GLE N EAGLE Feet map created GLE N GLE N VIEW DR GLE N OAK DR HAV EN DR VIRG INIA LN DR ² 37

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40 Exhibit 3 Park P-1 to be incorporated into adjacent lots. 40

41 Eagle Landing Filing No. 7 Final Plat 41

42 Plat Map 42

43 Staff Recommendation Conditional Approval Standard Condition 43

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