Planning and Zoning Commission - Packets

The Buena Vista Planning & Zoning Commission Buena Vista Community Center, Piñon Room 715 East Main Street January 8, 2020 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 – December 4, 2019 VI. Public Comment VII. New Business 1. The Summit: Special Use Permit for a Hotel at 300, 302, and 304 East Main Street 2. The Summit: Major Site Plan for a 13,182 sq. ft. Mixed Use Building at 300, 302, and 304 East Main Street VIII. Staff/Commission Interaction IX. Adjournment This Agenda may be Amended Posted at Buena Vista Town Hall, Post Office, Buena Vista Public Library, and www.buenavistaco.gov on Friday, January 3, 2020  Minutes of the Regular Meeting of the Buena Vista Planning and Zoning Commission December 4, 2019 CALL TO ORDER A regular meeting of the Planning and Zoning Commission was called to order at 6:01 pm, Wednesday, December 4, 2019 at the Buena Vista Community Center, 715 East Main Street, Buena Vista, Colorado by Chair Preston Larimer. Also present were Vice Chair Lynn Schultz-Writsel, and Commissioner Craig Brown. Staff Present: Principal Planner Mark Doering and Planning Technician Robin 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 Brown motioned for approval of the November 6, 2019 minutes as presented. Motion #2 was seconded by Schultz-Writsel. Motion carried. PUBLIC COMMENT Public comments opened at 6:03 pm. With no comments, public comment was closed at 6:03 pm. NEW BUSINESS Commissioner Training Doering outlined the articles he had provided to the Commissioners. The Commission generally discussed possible training topics including small lots, accessory dwelling units, public infrastructure, affordable housing, and other mountain towns with similar issues and development trends; the good months for training to occur and the dates for the 2020 Planning Conference. Doering informed the Commission that there will be three positions available on the Board of Trustees in April 2020. STAFF / COMMISSION INTERACTION Doering informed the Commission that the Board of Trustees had discussed reviewing the Comprehensive Plan and a possible joint work session between the Board of Trustees and the Planning and Zoning Commission. The Commission generally discussed the quantity of dwelling units constructed in the last two years. ADJOURNMENT There being no further business to come before the Commission, Schultz-Writsel motioned to adjourn the meeting at 7:17 pm, Brown seconded. Motion #3 was unanimously approved. Respectfully submitted: Preston Larimer, Chair Robin Mesaric-King, Planning Technician DATE: January 3, 2020 HEARING DATE: January 8, 2020 TO: Planning and Zoning Commission FROM: Mark N. Doering, Principal Planner AGENDA ITEM: The Summit – A Special Use Permit for a 13-unit hotel in the MU-MS zone district and a Major Site Plan for 13,182 square-foot mixed-used building located at 300, 302, and 304 E. Main Street Staff Recommendation That the Planning and Zoning Commission approve both the proposed Special Use Permit for a 13-unit hotel in the MU-MS zone district and a Major Site Plan for a 13,182 square-foot mixed-use building located at 300, 302, and 304 E. Main Street with the following conditions: Special Use Permit: 1. The Owner shall provide a one-time fee in lieu of parking for five vehicle spaces totaling $5,000.00 to the Town of Buena Vista within 30 days of the Special Use Permit being approved. The property is not subject to any additional parking requirements for the building located at 300, 302, and 304 E. Main Street. 2. The Owner shall instruct all visitors and tenants that overnight parking is not allowed on East Main Street in its lodging and rental materials, and make its tenants known that any vehicles parked overnight on East Main Street may be towed at the owner’s expenses. 3. The Owner shall obtain and maintain a business license prior to and during its use as a hotel. 4. The Owner shall provide a written snow removal plan that complies with the Town's snow removal requirements listed in the Municipal Code to Code Enforcement within 30 days of the Commission’s approval. 5. The Owner shall comply with all State of Colorado sanitary standards and regulations for public accommodations as listed in 6 CCR 1010-14, as may be amended. Major Site Plan: 1. The Site Plan for the mixed-use building shall be corrected for any building code requirements that alter the proposed drawings before the Planning and Zoning Commission. Prior to a Certificate of Occupancy, all corrected drawings shall be digitally submitted to the Town for its records, including any changes from the approved Major Site Plan drawings.  January 8, 2020 300, 302 and 304 E. Main Street Page 2 2. The Major Site Plan approval is for the proposed uses and configuration as shown in the Application. Any changes in use shall be subject to the use requirements in effect at the time of any change of use. Prior to said changes of use, the Owner shall confirm with Town staff that the new uses are allowed per the Municipal Code requirements in effect at that time. Permitted uses will be allowed, and Special Uses will only be allowed after the proposed use obtains a Special Use Permit for such use. 3. Parking for the property shall not be limited to the building’s tenants, whether it is the Town’s rights- of-way in front of the building or leased area in the railroad right-of-way. Parking shall be open to the public on a first come-first serve basis. The Town has the authority to change parking spaces and/or configuration of parking within its rights-of-way at any time. 4. Prior to construction or installation of any encroachments from the building into the Town’s rights- of-way, the Owner shall obtain Town approval of an encroachment permit and maintain the insurance for said encroachment permit on an annual basis. 5. Prior to a certificate of occupancy, the rooftop equipment for the kitchen shall be screened from the adjoining properties to the north of the alley to at least the height of the equipment. 6. Screening of trash and recycling areas shall be required to at least the same as the height of the dumpster or trash cans. 7. All lighting shall be downcast and shielded to comply with Town requirements, and shall be inspected and approved by the Town prior to the issuance of a certificate of occupancy, and if any lighting issues are identified, shall be corrected by the Owner to minimize light pollution. 8. All signs shall be installed after obtaining a sign permit meeting the Code in effect at the time of installation, including face changes of approved signs from previously approved tenant signage. 9. All commercial uses shall obtain and maintain a business license, prior and during commercial operations. Attachments to the Report: Attachment A – Vicinity Map Attachment B – Zoning Map Attachment C – Site Photos Attachment D – Site Plan Set Attachment E – Draft Resolution I. SUMMARY OF REQUEST Cheryl Richmond, representative for Mt. Princeton Investments, LLC, submitted a Special Use Permit (SUP) application to allow for a 13-unit hotel use located at 300, 302 and 304 E. Main Street, in the Mixed Use – Main Street (MU-MS) Zone District. Hotels 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 also submitted a Major Site Plan for a mixed-use building that is 13,182 square-feet in size, which is large enough to require Planning and Zoning Commission Approval prior to obtaining a building permit for the proposed uses. Additionally, the applicant has submitted a Minor Subdivision  January 8, 2020 300, 302 and 304 E. Main Street Page 3 to combine the two separate properties back into one building. That review is conducted by the Town Administrator and is not subject to a public hearing for its review and decision, but will be required to be completed prior to the building obtaining a certificate of occupancy. The applicant proposes to convert the two buildings back into one building and is proposing a 13-unit hotel, restaurant, and retail mixed-use building for the property shown in the Attachments. See Attachment A – Vicinity Map, Attachment B- Zoning Map, Attachment C – Site Photos, and Attachment D – Site Plan Set. II. HISTORY AND BACKGROUND The existing buildings were built as part of the same building in 1890 as part of the Mark’s Block. They were subsequently split and sold as separate buildings that most recently contained Gone to the Dogs on the first floor in the 300 E. Main Street space and contained the Green Parrot on the first floor in the 302 and 304 E. Main Street spaces. Both buildings previously had residential units on the second floor of each space. The applicant has obtained a demolition permit for the interior of each space and is currently demolishing the space to prepare for a building permit for the new proposed uses. III. PROCESS – REQUIRED APPROVALS The applicant submitted a Special Use Permit (SUP) application for the hotel as specified in Section 16-6.5.2. of the Town of Buena Vista Municipal Code. SUP’s are decided by the Planning and Zoning Commission at a public hearing. The applicant has also submitted a Major Site Plan application because the total square footage of the proposed mixed-use building is 13,182, and is over the 10,000 square foot maximum for an administrative site plan that would be reviewed by the Town Administrator for a final decision as outlined in the Unified Development Code. The Planning and Zoning Commission will make a final decision on the Major Site Plan, since it will not be forwarded to the Board of Trustees. In addition, the applicant submitted a Minor Subdivision application to combine the existing parcels into one lot that will contain the existing two buildings that are going to be combined back into one building for the proposed site plan. That approval is pending any decision from the Planning and Zoning Commission and will be reviewed by the Town Administrator for the creation of that one lot. IV. ANALYSIS – ZONING AND LAND USE North South West East Adjacent MU-2 MU-MS MU-MS MU-MS Zoning Designation Adjacent Land Use Commercial/Vacant Commercial Railroad right-of-way 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 a SUP. Each criterion is shown below in bold text and staff’s analysis follows each criterion in standard text.  January 8, 2020 300, 302 and 304 E. Main Street Page 4 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 uses to East Main Street for both residents and tourists will add to that vitality. Additionally, the Comprehensive Plan calls for, “New development and infill in proximity to historic districts or buildings should be similar in scale, massing and architectural character of the district or other important properties." 2. The proposed use complies with applicable use-specific standards. The hotel use identified in the Land Use Code does not contain any use-specific standards. Review of the hotel is limited to its compliance with the MU-MS zone district standards and the commercial design standards identified in the Code discussed in the next criterion, below. 3. The proposed use complies with all other standards in this UDC. The proposed hotel use is located in an existing building on East Main Street. The proposed construction with the hotel is limited to enhancements to the facades of the existing building along with compliance with the building code. No changes in the building’s footprint, height, or setbacks are proposed with the SUP and Major Site Plan. As such, the applicant is proposing to add one ADA compliant rental unit to the building on the first floor instead of installing an elevator to meeting building code requirements for accessibility. Should any future 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 hotel will be in a mixed-use building with commercial retail on the first floor, and is consistent with that purpose statement. 5. Impacts of the use on the surrounding neighborhood have been adequately minimized. The building will not change from its current footprint. Additional equipment for the restaurant attached to the hotel will be installed to meet County Health Department and Building Code requirements on the top of the first floor at the rear of the building, adjacent to the alley. To minimize noise and its appearance staff is recommending that the equipment be screened from view to at least the height of the equipment. Parking is proposed to be satisfied through a fee in lieu one-time payment of $5,000.00 to be used by the Town to try to secure additional off- street parking for the entire downtown area. Because no overnight parking is allowed on East Main Street, parking will need to be provided within the existing downtown rights-of-way or in the Railroad right-of-way parking lease west and southwest of the building. Staff has proposed  January 8, 2020 300, 302 and 304 E. Main Street Page 5 one condition for the SUP and one condition with the Major Site Plan to ensure that the parking is not limited to users of just this building alone, and that overnight parking for the hotel is not allowed on East Main street (See Attachment E – Draft Resolution). 6. The proposed use does not adversely impact the public health, safety, and welfare of the Town. The proposed hotel use will not adversely impact the public’s health, safety, and welfare if the owner prepares and follows a snow removal plan for the uses in the entire building and complies with the snow removal requirements listed in the Municipal Code. Staff has included a proposed condition of approval for that element as part of the SUP. Staff has also proposed conditions addressing screening, lighting and encroachments as part of its recommended conditions of approval. VI. ANALYSIS – MAJOR SITE PLAN CRITERIA Section 16-6.5.1. of the Buena Vista Municipal Code provides specific review criteria for Major Site Plans. Each criterion is shown below in bold text and staff’s analysis follows each criterion in standard text. 1. The site plan is consistent with the Comprehensive Plan and other adopted Town policies and plans. Reuse of existing buildings in the town’s downtown commercial core for year-round uses is consistent with the Comprehensive Plan and its historic preservation policies. The site plan will result in a restaurant and retail uses on the first floor and a hotel on a part of the first floor and second floor of the existing building. The applicant is proposing to modify the existing storefronts along East Main Street to restore the design to be compatible with the original look of the building using new materials and to reuse some of the materials salvage from the two new windows proposed to be cut into the first-floor façade along Railroad Street. 2. The site plan is consistent with any previously approved plan, planned unit development, and/or any other precedent land use approval. The site plan is consistent with the approval from the Historic Preservation Commission for some slight modifications to the building’s exteriors as shown in their review of the building’s demolition permit for the interior reviewed in December 2019. Additionally, the site plan is consistent with the concurrent application to combine the two properties into one with a Minor Subdivision. 3. The site plan complies with applicable standards in this UDC. The site plan is consistent with the setbacks, building coverage, building height and design standards listed in the Unified Development Code. Equipment screening, trash screening, and lighting will also be required to meet code with the redevelopment, and each is listed as a condition of the approval for the site plan.  January 8, 2020 300, 302 and 304 E. Main Street Page 6 VII. 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 a 13-unit hotel as part of a mixed-use building and a Major Site Plan for a 13,182 square-foot mixed-use building located at 300, 302 and 304 E. Main Street. Therefore, staff recommends that the Planning and Zoning Commission approve both the SUP and Major Site Plan requests, each by separate motion, with the conditions listed in this staff report. 1. Applicant has requested approval of a Special Use Permit to allow for a 13-unit hotel in the MU- MS Zone District and for a Major Site Plan for a 13,182 square foot mixed-use building located at 300, 302, and 304 E. Main Street; and 2. Notice of the public hearing was posted on the property and published in the newspaper as required by the Unified Development Code; and 3. The request was reviewed by the appropriate referral agencies for their review; and 4. The application is consistent with the applicable standards for a Special Use Permit and for a Major Site Plan. THEREFORE A. 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 a 13- unit hotel located at 300, 302, and 304 E. Main Street with the following conditions: 1. The Owner shall provide a one-time fee in lieu of parking for five vehicle spaces totaling $5,000.00 to the Town of Buena Vista within 30 days of the Special Use Permit being approved. The property is not subject to any additional parking requirements for the building located at 300, 302, and 304 E. Main Street. 2. The Owner shall instruct all visitors and tenants that overnight parking is not allowed on East Main Street in its lodging and rental materials, and make its tenants known that any vehicles parked overnight on East Main Street may be towed at the owner’s expenses. 3. The Owner shall obtain and maintain a business license prior to and during its use as a hotel. 4. The Owner shall provide a written snow removal plan that complies with the Town's snow removal requirements listed in the Municipal Code to Code Enforcement within 30 days of the Commission’s approval. 5. The Owner shall comply with all State of Colorado sanitary standards and regulations for public accommodations as listed in 6 CCR 1010-14, as may be amended. B. If the Planning and Zoning Commission accepts the conclusion and recommendation as presented in the staff report, it should APPROVE the Major Site Plan for the 13,182 square-foot mixed use  January 8, 2020 300, 302 and 304 E. Main Street Page 7 building in the MU-MS Zone District for a 13-unit hotel, restaurant and retail uses for the building located at 300, 302, and 304 E. Main Street with the following conditions: 1. The Site Plan for the mixed-use building shall be corrected for any building code requirements that alter the proposed drawings before the Planning and Zoning Commission. Prior to a Certificate of Occupancy, all corrected drawings shall be digitally submitted to the Town for its records, including any changes from the approved Major Site Plan drawings. 2. The Major Site Plan approval is for the proposed uses and configuration as shown in the Application. Any changes in use shall be subject to the use requirements in effect at the time of any change of use. Prior to said changes of use, the Owner shall confirm with Town staff that the new uses are allowed per the Municipal Code requirements in effect at that time. Permitted uses will be allowed, and Special Uses will only be allowed after the proposed use obtains a Special Use Permit for such use. 3. Parking for the property shall not be limited to the building’s tenants, whether it is the Town’s rights-of-way in front of the building or leased area in the railroad right-of-way. Parking shall be open to the public on a first come-first serve basis. The Town has the authority to change parking spaces and/or configuration of parking within its rights-of-way at any time. 4. Prior to construction or installation of any encroachments from the building into the Town’s rights-of-way, the Owner shall obtain Town approval of an encroachment permit and maintain the insurance for said encroachment permit on an annual basis. 5. Prior to a certificate of occupancy, the rooftop equipment for the kitchen shall be screened from the adjoining properties to the north of the alley to at least the height of the equipment. 6. Screening of trash and recycling areas shall be required to at least the same as the height of the dumpster or trash cans. 7. All lighting shall be downcast and shielded to comply with Town requirements, and shall be inspected and approved by the Town prior to the issuance of a certificate of occupancy, and if any lighting issues are identified, shall be corrected by the Owner to minimize light pollution. 8. All signs shall be installed after obtaining a sign permit meeting the Code in effect at the time of installation, including face changes of approved signs from previously approved tenant signage. 9. All commercial uses shall obtain and maintain a business license, prior and during commercial operations. Cc: Cheryl Richmond, representative for Mt. Princeton Investments, LLC  January 8, 2020 300, 302 and 304 E. Main Street Page 8 Attachment A - Vicinity Map  January 8, 2020 300, 302 and 304 E. Main Street Page 9 Attachment B – Zoning Map MU-MS  January 8, 2020 300, 302 and 304 E. Main Street Page 10 Attachment C – Site Photos View North from Main Street of 300, 302, and 304 E. Main Street.  January 8, 2020 300, 302 and 304 E. Main Street Page 11 View East from Railroad Street of 300 E. Main Street.  January 8, 2020 300, 302 and 304 E. Main Street Page 12 View South from the alley toward 302 and 304 E Main Street.  January 8, 2020 300, 302 and 304 E. Main Street Page 13 View North of the adjoining properties from the alley.  January 8, 2020 300, 302 and 304 E. Main Street Page 14 Attachment D – Site Plan Set See the following nine (9) sheets, titled “The Summit”, dated December 17, 2019 from Tim Pledger, Architect EXIST. WOOD STUD BEARING WALL! SHORE AND SUPPORT ROOF JOISTS AS NECESSARY UNTIL NEW SUPPORT STRUCTURE IS IN PLACE. REFER TO STRUCTURAL DRAWINGS. EXIST. WOOD STUD BEARING WALL! SHORE AND SUPPORT ROOF JOISTS AS NECESSARY UNTIL NEW SUPPORT STRUCTURE IS IN PLACE. REFER TO STRUCTURAL DRAWINGS.  January 8, 2020 300, 302 and 304 E. Main Street Page 15 Attachment E – Draft Resolution See the Following four (4) Pages.  TOWN OF BUENA VISTA PLANNING COMMISSION RESOLUTION NO. 1 SERIES 2020 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION FOR THE TOWN OF BUENA VISTA, COLORADO, CONDITIONALLY APPROVING A SPECIAL USE PERMIT FOR 13 UNIT HOTEL AND A MAJOR SITE PLAN FOR A MIXED-USE BUILDING AT 300, 302 AND 304 E. MAIN STREET, BUENA VISTA, COLORADO. WHEREAS, Mt. Princeton Investment, LLC (“Owner”) owns 300, 302 and 304 E. Main Street, Buena Vista, Colorado, (“Property”), located in Mixed Use-Main Street (MU-MS) Zone District; WHEREAS, pursuant to Table 3.1 in Section 16.03.3.1.4 of the Buena Vista Municipal Code (the “Code”), in the MU-MS Zone District, hotels require a special use permit; WHEREAS, pursuant to Section 16.05.6.5.1 of the Code, a mixed-use building with more than 10,000 or more square feet of nonresidential gross floor area; WHEREAS, Cheryl Richmond (the “Applicant”) filed an application, on behalf of the Owner, for a special use permit to allow for a 13-unit hotel and mixed-use building (“Application”); WHEREAS, on January 8, 2020, the Planning and Zoning Commission conducted a duly noticed public hearing on the Application; and WHEREAS, after reviewing all materials provided to it, and hearing staff and public testimony, the Planning and Zoning Commission desires to approve the special use permit and major site plan, subject to the conditions set forth herein. BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE TOWN OF BUENA VISTA, COLORADO, as follows: Section 1. The Planning and Zoning Commission, having reviewed the criteria for approval of a Special Use Permit as set forth in Section 16.06.6.5.2.5.b of the Code, finds that: 1. The proposed use is consistent with the Comprehensive Plan and the purpose of the UDC. The Comprehensive Plan identifies the need to participate in efforts to revitalize East Main Street. In addition, the Application furthers the Comprehensive Plan’s goal that new development and infill in proximity to historic district should be similar in scale, massing and architectural character of the district or other important properties by using a historic structure for a new hotel. 2. There are no site-specific standards for a hotel beyond the compliance with the MU-MS zone district standards and the commercial design standards. 1  3. The proposed use complies with all other standards of the 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. No changes in the building’s footprint, height, or setbacks are proposed with the Special Use Permit and Major Site Plan. As such, the Owner is proposing to add one ADA compliant rental unit to the building on the first floor instead of installing an elevator to meeting building code requirements for accessibility. 5. The building will not change from its current footprint. Additional equipment for the restaurant attached to the hotel will be installed to meet County Health Department and Building Code requirements on the top of the first floor at the rear of the building, adjacent to the alley. To minimize noise and its appearance, staff is recommending that the equipment be screened from view to at least the height of the equipment. Parking is proposed to be satisfied through a fee in lieu one-time payment of $5,000.00 to be used by the Town to try to secure additional off-street parking for the entire downtown area. Because no overnight parking is allowed on East Main Street, parking will need to be provided within other existing downtown rights-of-ways or Town’s leased area within the railroad right-of-way west and southwest of the building. Staff has proposed one condition for the Special Use Permit and one condition with the Major Site Plan to ensure that the parking is not limited to users of just this building alone, and that overnight parking for the hotel is not allowed on East Main street. 6. The proposed use does not adversely impact the public health, safety, and welfare of the Town. Subject to the conditions for the payment in lieu for parking and the snow removal plan, the proposed use will not adversely impact the public health safety and welfare of the Town. Section 2. The Planning and Zoning Commission hereby approves the Special Use Permit, subject to the following conditions: 1. The Owner shall provide a one-time fee in lieu of parking for five vehicle spaces totaling $5,000.00 to the Town of Buena Vista within 30 days of the Special Use Permit being approved. The property is not subject to any additional parking requirements for the building located at 300, 302, and 304 E. Main Street. 2. The Owner shall instruct all visitors and tenants that overnight parking is not allowed on East Main Street in its lodging and rental materials, and make its tenants known that any vehicles parked overnight on East Main Street may be towed at the owner’s expenses. 3. The Owner shall obtain and maintain a business license prior to and during its use as a hotel. 2  4. The Owner shall provide a written snow removal plan that complies with the Town's snow removal requirements listed in the Municipal Code to Code Enforcement within 30 days of the Commission’s approval. 5. The Owner shall comply with all State of Colorado sanitary standards and regulations for public accommodations as listed in 6 CCR 1010-14, as may be amended. Section 3. The Special Use Permit shall be a covenant that runs with the land, provided that pursuant to Section 16.06.6.5.2 of the UDC, the special use permit shall expire and be deemed void if the permit has not been substantially acted on or there is no objectively measurable development activity within three (3) years from the date set forth below. Section 4. The Planning and Zoning Commission, having reviewed the criteria for approval of a Major Site Plan as set forth in Section 16.06.6.5.1.C.3 of the Code, finds that: 1. Reuse of existing buildings in the Town’s downtown commercial core for year-round uses is consistent with the Comprehensive Plan and its historic preservation policies. The site plan will result in a restaurant and retail uses on the first floor and a hotel on a part of the first floor and second floor of the existing building. The Owner is proposing to modify the existing storefronts along East Main Street to restore the design to be compatible with the original look of the building using new materials and to reuse some of the materials salvage from the two new windows proposed to be cut into the first-floor façade along Railroad Street. 2. The site plan is consistent with the approval from the Historic Preservation Commission for some slight modifications to the building’s exteriors as shown in their review of the building’s demolition permit for the interior reviewed in December 2019. Additionally, the site plan is consistent with the concurrent application to combine the two properties into one with a Minor Subdivision. 3. The site plan is consistent with the setbacks, building coverage, building height and design standards listed in the Code. Equipment screening, trash screening, and lighting will also be required to meet code with the redevelopment, and each is listed as a condition of the approval for the site plan. Section 5. The Planning and Zoning Commission hereby approves the Major Site Plan, subject to the following conditions: 1. The Site Plan for the mixed-use building shall be corrected for any building code requirements that alter the proposed drawings before the Planning and Zoning Commission. Prior to a Certificate of Occupancy, all corrected drawings shall be digitally submitted to the Town for its records, including any changes from the approved Major Site Plan drawings. 2. The Major Site Plan approval is for the proposed uses and configuration as shown in the Application. Any changes in use shall be subject to the use requirements in effect at the time of any change of use. Prior to said changes of use, the Owner shall confirm with 3  Town staff that the new uses are allowed per the Municipal Code requirements in effect at that time. Permitted uses will be allowed, and Special Uses will only be allowed after the proposed use obtains a Special Use Permit for such use. 3. Parking for the property shall not be limited to the building’s tenants, whether it is the Town’s rights-of-way in front of the building or leased area in the railroad right-of-way. Parking shall be open to the public on a first come-first serve basis. The Town has the authority to change parking spaces and/or configuration of parking within its rights-of- way at any time. 4. Prior to construction or installation of any encroachments from the building into the Town’s rights-of-way, the Owner shall obtain Town approval of an encroachment permit and maintain the insurance for said encroachment permit on an annual basis. 5. Prior to a certificate of occupancy, the rooftop equipment for the kitchen shall be screened from the adjoining properties to the north of the alley to at least the height of the equipment. 6. Screening of trash and recycling areas shall be required to at least the same as the height of the dumpster or trash cans. 7. All lighting shall be downcast and shielded to comply with Town requirements, and shall be inspected and approved by the Town prior to the issuance of a certificate of occupancy, and if any lighting issues are identified, shall be corrected by the Owner to minimize light pollution. 8. All signs shall be installed after obtaining a sign permit meeting the Code in effect at the time of installation, including face changes of approved signs from previously approved tenant signage. 9. All commercial uses shall obtain and maintain a business license, prior and during commercial operations. Section 6. The Major Site Plan shall be a covenant that runs with the land, provided that pursuant to Section 16.06.6.5.1 of the UDC, the major site plan shall expire and be deemed void if the permit has not been substantially acted on or there is no objectively measurable development activity within three (3) years from the date set forth below. ADOPTED this ____ day of ________________, 2020. ATTEST: __________________________ Preston Larimer, Chair _______________________________ Paula Barnett, Town Clerk 4