Planning and Zoning Commission - Packets

The Buena Vista Planning & Zoning Commission Buena Vista Community Center, Piñon Room 715 East Main Street October 2, 2019 at 6:00PM AGENDA REGULAR MEETING OF THE PLANNING & ZONING COMMISSION I. Call to Order II. Pledge of Allegiance III. Roll Call IV. Agenda Adoption V. Approval of Minutes – September 10, 2019 VI. Public Comment VII. New Business 1. Public Hearing – Special Use Permit for a Short Term Rental in the MU-MS Zone District – To review an application for a short term rental for the property located at 312 East Main Street, second floor, by Miranda Duncan of Roserush Holdings LLC. VIII. Staff/Commission Interaction 1. Colorado APA Conference 2. Other Items IX. Adjournment This Agenda may be Amended Posted at Buena Vista Town Hall, www.buenavistaco.gov, Post Office, and Library on Friday, September 27, 2019  Minutes of the Regular Meeting of the Buena Vista Planning and Zoning Commission September 10, 2019 CALL TO ORDER A regular meeting of the Planning and Zoning Commission was called to order at 5:34 pm, Tuesday, September 10, 2019 at the Buena Vista Community Center, 715 E Main Street, Buena Vista, Colorado by Chair Preston Larimer. Also present were Commissioners Estes Banks, Lynn Schultz-Writsel, and Craig Brown. Staff Present: Principal Planner Mark Doering and Planning Technician Robin T. Mesaric-King. PLEDGE OF ALLEGIANCE Chair Larimer led in the Pledge of Allegiance. ROLL CALL Mesaric-King proceeded with the roll call and declared a quorum. AGENDA ADOPTION Larimer called for approval of the agenda. Schultz-Writsel motioned to adopt the agenda as presented, Motion #1 seconded by Brown. Motion carried. APPROVAL OF MINUTES Schultz-Writsel motioned for approval of the August 28, 2019 minutes as presented. Motion #2 was seconded by Brown. Motion carried. PUBLIC COMMENT Public comments opened at 5:35 pm. With no comments, public comment was closed at 5:35 pm. STAFF / COMMISSION INTERACTION The Commission canceled the August 18, 2019 Planning and Zoning Commission meeting. ADJOURNMENT There being no further business to come before the Commission, Banks motioned to adjourn the meeting at 5:41 p.m. Schultz-Writsel seconded. Motion #4 was unanimously approved. Respectfully submitted: Preston Larimer, Chair Robin T. Mesaric-King, Planning Technician DATE: September 30, 2019 HEARING DATE: October 1, 2019 TO: Planning and Zoning Commission FROM: Mark N. Doering, Principal Planner AGENDA ITEM: Special Use Permit for one Short-Term Rental unit located at 312 E. Main Street Staff Recommendation That the Planning and Zoning Commission approve the proposed Special Use Permit to allow one short- term rental unit in the MU-MS zone district located on the second floor of the building at 312 E. Main Street with the following conditions: 1. The applicant shall provide a one-time fee in lieu of parking for one vehicle space of $1,000.00 to the Town of Buena Vista within 30 days of the Special Use Permit being approved. 2. The applicant shall instruct all tenants that overnight parking is not allowed on East Main Street in its short-term rental materials, and make its tenants known that any overnight parking on East Main Street may be towed. 3. All applicable taxes and fees shall be paid prior to operating a short-term rental. 4. The applicant shall obtain and renew all valid Town licenses as required, prior to and during any time a unit is rented as a short-term rental. 5. The applicant shall provide a written snow removal plan that complies with the Town's snow removal requirements listed in the Municipal Code to Code Enforcement by November 1, 2019. 6. The applicant shall comply with all State of Colorado sanitary standards and regulations for public accommodations as listed in 6 CCR 1010-14. Attachments to the Report: Attachment A – Vicinity Map Attachment B – Zoning Map Attachment C – Site Plan Attachment D – 2nd Story Floor Plan Attachment E – Photos  October 2, 2019 312 E. Main Street Page 2 I. SUMMARY OF REQUEST Melinda Duncan submitted a Special Use Permit (SUP) application to allow for one short-term rental unit at 312 E. Main Street, in the Mixed Use – Main Street (MU-MS) Zone District. Short-term rentals located in the MU-MS zone district require a SUP to determine their impacts to the existing functions of Main Street, particularly because overnight parking is not allowed on Main Street itself. The applicant proposes to convert the long-term residential space into a short-term rental to allow for stays less than 30 days, as shown in the attached building and site plans (See Attachment C – Site Plan, Attachment D – 2nd Story Floor Plan, and Attachment E – Photos). II. HISTORY AND BACKGROUND The existing building currently is a mixed-use building with a commercial space (currently Free the Monkey) on the first floor and a residential unit on the second floor. In 2004, the Town of Buena Vista granted a variance to allow for two parking spaces to be located on the property in a tandem configuration (one in front of the other instead of side by side). Sometime after that, the space in back was altered by the installation of a fence that only allows for one off-street parking space on the site. III. PROCESS – REQUIRED APPROVALS The applicant submitted a Special Use Permit (SUP) Application for the apartment as specified in Section 16-6.5.2. of the Town of Buena Vista Municipal Code. SUPs are decided by the Planning and Zoning Commission at a public hearing. In addition, the applicant submitted a Short-Term Rental License Application. That license approval is pending any decision from the Planning and Zoning Commission. IV. ANALYSIS – ZONING AND LAND USE North South West East Adjacent MU-2 MU-MS MU-MS MU-MS Zoning Designation Adjacent Land Use Residential Commercial Commercial Vacant Commercial See Attachment A - Vicinity Map, Attachment B - Zoning Map, and Attachment C – Site Plan. V. ANALYSIS – SPECIAL USE PERMIT CRITERIA Section 16-6.5.2. of the Buena Vista Municipal Code provides specific review criteria for SUPs. Each criterion is shown below in bold text and staff’s analysis follows each criterion in standard text. 1. The proposed use is consistent with the Comprehensive Plan and the purposes of the UDC. The Comprehensive Plan identifies the need to participate in efforts to revitalize East Main Street. Adding more users to East Main Street will add to that vitality. Additionally, the Plan calls for preventing potential displacement of resident housing by tourism uses. It calls for establishing and continually evaluating a threshold or optimal level for short term rentals within  October 2, 2019 312 E. Main Street Page 3 the community. At this time, there are over 100 short-term-rentals in Town, but there are only a handful of short-term rentals on East Main Street. While this is only one proposed short-term rental, there may be more pressure for more short-term rental units along East Main Street in the future. More short-term rentals could add more parking impacts and less long-term residential units for year-round residents. While one unit is not a make-it or break-it scenario, it is a part of why every short-term rental on East Main Street is reviewed as a SUP. 2. The proposed use complies with applicable use-specific standards. Short-term rentals have the following requirements: 1. All applicable taxes and fees shall be paid prior to operating a short-term rental. 2. Occupancy of a short-term rental shall not exceed thirty (30) days. 3. Short-term rentals shall have valid Town licenses as required, prior to and during any time a unit is rented. 4. Short-term rentals shall provide a snow removal plan that complies with the Town's snow removal requirements. 5. Short-term rentals shall comply with the state sanitary standards and regulations for public accommodations in 6 CCR 1010-14. Staff has proposed conditions of the Special Use Permit to ensure compliance with the above listed requirements. Staff will review the short-term rental at the time of its inspection to ensure that the state’s sanitary conditions, fire code requirements and licensing requirements have been met. Should any of those conditions not be met by the applicant, the Town would have the potential to revoke the Special Use Permit, subject to the Code. 3. The proposed use complies with all other standards in this UDC; The proposed use is located in an existing building on East Main Street. No new construction is proposed with this application. Should any additions or remodels be done, they will be subject to the requirements of the Municipal Code in effect at the time of that work. 4. The proposed use is consistent with the purpose statement of the underlying zoning district; The purpose of the MU-MS district is intended to allow for a vertical or horizontal mix of residential and commercial land uses except single-family dwellings along East Main Street in downtown Buena Vista, and other "main street" developments throughout the Town. The district is intended to maintain a vibrant downtown with shopping opportunities, offices, entertainment, lodging, and civic uses. The MU-MS district is intended for predominantly vertical mixed-use (commercial on first floor and other commercial or residential above), with occasional horizontal mixed-use. The MU-MS district places an emphasis on an active street presence with appropriate character and form. This proposed one short-term rental unit is consistent with that purpose statement.  October 2, 2019 312 E. Main Street Page 4 5. Impacts of the use on the surrounding neighborhood have been adequately minimized; and The property is 25 feet wide and therefore is currently required to provide a minimum of two parking spaces. The site currently has only one off-street parking space. However, the Code allows for properties along East Main Street an exemption in lieu of providing that parking if the applicant pays a one-time fee instead of providing the parking space. That current fee is $1,000.00 per parking space. The applicant has indicated that they would be interested in paying the fee instead of modifying the site back to two spaces. Staff has proposed a condition to ensure that the applicant provides that fee to allow Town to combine it with any additional funds to create parking for downtown other than along East Main Street in the downtown area. 6. The proposed use does not adversely impact the public health, safety, and welfare of the Town. The proposed use with the payment in-lieu of parking as allowed by the code and the snow removal plan will not adversely impact the public health safety and welfare of the Town. Staff has included both of those requirements as conditions of approval. VI. CONCLUSION AND RECOMMENDATION Based upon the information and materials provided by the applicant and in the staff report, staff supports the Special Use Permit application for one short-term rental unit on the second story of the building located at 312 E. Main Street. Therefore, staff recommends that the Planning and Zoning Commission approve this SUP request with the conditions as listed in this staff report. THEREFORE If the Planning and Zoning Commission accepts the conclusion and recommendation as presented in the staff report, it should APPROVE the Special Use Permit in the MU-MS Zoning District for one short-term rental unit located at 312 E. Main Street with the following conditions: 1. The applicant shall provide a one-time fee in lieu of parking for one vehicle space of $1,000.00 to the Town of Buena Vista within 30 days of the Special Use Permit being approved. 2. The applicant shall instruct all tenants that overnight parking is not allowed on East Main Street in its short-term rental materials, and make its tenants known that any overnight parking on East Main Street may be towed. 3. All applicable taxes and fees shall be paid prior to operating a short-term rental. 4. The applicant shall obtain and renew all valid Town licenses as required, prior to and during any time a unit is rented as a short-term rental. 5. The applicant shall provide a written snow removal plan that complies with the Town's snow removal requirements listed in the Municipal Code to Code Enforcement by November 1, 2019. 6. The applicant shall comply with all State of Colorado sanitary standards and regulations for public accommodations as listed in 6 CCR 1010-14.  October 2, 2019 312 E. Main Street Page 5 Attachment A - Vicinity Map  October 2, 2019 312 E. Main Street Page 6 Attachment B – Zoning Map  October 2, 2019 312 E. Main Street Page 7 Attachment C – Site Plan FENCE  October 2, 2019 312 E. Main Street Page 8 Attachment D – 2nd Story Floor Plan  October 2, 2019 312 E. Main Street Page 9 Attachment E – Photos View South of the subject property from the alley.  October 2, 2019 312 E. Main Street Page 10 View North of the adjoining property from the alley.  October 2, 2019 312 E. Main Street Page 11 View Southwest of the adjoining property from the alley.  October 2, 2019 312 E. Main Street Page 12 View Southeast of the adjacent property from the alley.  October 2, 2019 312 E. Main Street Page 13 View Southeast of the subject property from the alley showing the one parking space.  October 2, 2019 312 E. Main Street Page 14 View South of the subject property through the gate along the alley.