Planning and Zoning Commission - Packets

The Buena Vista Planning & Zoning Commission August 5, 2020 at 7:00 PM Virtual Regular Meeting Meeting will not be held at the Buena Vista Community Center The meeting may be accessed virtually via ZOOM. To participate in Public Comment and/or Public Hearings you must connect to the video conference. Conferencing Access Information: https://zoom.us/j/92017969232 Listen via phone at 1 346-248-7799 Meeting ID: 920 1796 9232 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 – July 15, 2020 VI. Public Comment VII. New Business 1. Sangre de Cristo Annexation and Zoning request A request by Sangre de Cristo Electric Association and Tri-State Generation and Transmission Association, Inc. to annex approximately 14.62 acres containing the Sangre de Cristo Electric headquarters, storage yard and Tri-State substation and to zone the property Highway Commercial (HC). VIII. Staff/Commission Interaction IX. Adjournment This Agenda was Posted at Buena Vista Town Hall, Buena Vista Post Office, and www.buenavistaco.gov on August 3, 2020  Minutes of the Regular Meeting of the Buena Vista Planning and Zoning Commission July 15, 2020 CALL TO ORDER A regular meeting of the Planning and Zoning Commission was called to order at 7:00 pm, Wednesday, July 15, 2020 via Zoom virtual meeting by Chair Preston Larimer. Also present were Vice Chair Lynn Schultz-Writsel, Commissioners Estes Banks, Thomas Doumas, Craig Brown, and Alternate Commissioner Tony LaGreca. Staff Present: Principal Planner Mark Doering and Planning Technician Doug Tart PLEDGE OF ALLEGIANCE Chair Larimer led in the Pledge of Allegiance. ROLL CALL Doering proceeded with the roll call and declared a quorum. AGENDA ADOPTION Larimer called for approval of the agenda. Doumas motioned to adopt the agenda as presented, Motion #1 seconded by Banks. Motion carried. APPROVAL OF MINUTES Schultz-Writsel motioned for approval of the June 3, 2020 minutes as presented. Motion #2 was seconded by Brown. Motion carried. PUBLIC COMMENT Public comments opened at 7:04 pm. With no comments, public comment was closed at 7:04 pm. NEW BUSINESS The first item of New Business was the South Court Social Site Plan. Larimer read a statement regarding how the meeting was going to run and how public comments would be handled. South Court Social developer Alan Kelly introduced himself to the Commission and public. He stated his intentions for the project to address the Town’s shortage of long-term homes and commercial properties and the economic feasibility of the project to be developed as proposed. Kelly stated the major site plan had been reviewed by Town Staff and is consistent with the Town’s Comprehensive Plan, complies with the Town’s code and applicable standards, and has adopted many of the recommendations proposed by the Historic Preservation Commission. Kelly handed the presentation over to Allen-Guerra Architecture Designer and Project Manager Tim Sabo to explain the project design in more detail. Sabo stated that the project is two mixed-use buildings with approximately 5500 sq. ft. of flexible commercial space on the ground floor with a courtyard in between the two buildings. There are seven parking spaces and the upper two floors provide sixteen apartment units of varying sizes. Sabo said that continuing the flow of the parking and sidewalk design down East Main Street will aid in the safety for students and museum visitors by creating a clearer traffic pattern. Sabo then discussed how the project aligns with specific components of the Town’s Comprehensive Plan: • To bring more commercial development, office retail, and service spaces • Support tourists and long-term year round use • Make affordable housing that is attractive to families • Create various housing options as projects that “pay their way” as opposed to subsidized projects • Expand range of housing types by having full-time long-term residents as opposed to short-term rentals • Housing infill in existing neighborhoods to minimize sprawling infrastructure • Walkability and access to amenities and services • Sustainable development • Maintain historical architectural style within scale of existing buildings Sabo turned the floor over to Doering for the staff report presentation on South Court Social. Doering stated that a Major Site Plan was completed for this project to ensure compliance with code and design standards, as is done with every commercial or mixed-use project over 10,000 sq. ft. or with 10 or more residential units. Doering explained how the design is compatible with the Town’s Comprehensive Plan: • Promoting new housing on underdeveloped or vacant parcels • Land-use should be compatible with adjacent uses and historic properties • New construction should reflect current design approaches • Consider accessibility, parking, and alternative transportation • Each development should pay its fair share for street improvements • Ensuring density, infill, and adaptive reuse of structures • Infill in proximity to historic districts should be similar in scale and architectural character • Preventing displacement of resident housing by tourism uses • Integrate increased density and environmentally sensitive design and historic preservation concepts Doering explained how the project is compliant with all applicable aspects of the Development Code and design requirements within the MU-MS zone district. The Historic Preservation Commission identified nine elements to be addressed and the applicants were able to address seven. Public comments were received from Conrad Nelson, Suzy Kelly, and Paul Ahrens and were reviewed by the Planning and Zoning Commission. Doering stated that the staff recommended that the Planning and Zoning Commission approve the major site plan with some conditions: 1. Reviewed as long-term residential and general retail. Any proposed changes would require UDC compatibility or a Special Use Permit 2. No short-term rentals are permitted 3. Condominiumization would require a separate review 4. Payment of fees: School and Park fees in lieu prior to issuance of building permit  5. Any changes requested by Building Department is reflected in updated plans provided to the Town 6. Prior to encroachments into right-of-way, the approval of an encroachment permit is required 7. Proposed lighting must meet Town requirements 8. Developer must pay equal share of construction of the alley 9. Infill agreement for public improvements must be signed prior to issuance of building permit 10. Prior to Certificate of Occupancy: a. Subdivision to combine three lots into one b. Any rooftop equipment must be screened from view c. Public improvements along East Main & South Court streets must be installed, inspected, and approved by Town 11. Sign permit required prior to any installed signage 12. No overnight parking on East Main Street 13. All commercial tenants must obtain business licenses 14. All commercial tenants must clear and maintain sidewalks Doering opened up the floor to the Commissioners for questions. Larimer asked about future requirements for short-term rentals and the subdivision process. Doering explained that any future conversion to short-term rentals would require a Special Use Permit and that the minor subdivision would be reviewed by staff and approved by the Town Administrator. LaGreca asked about the use of the courtyard, which Sabo explained would be used for both residents and as service entrance for commercial. Larimer opened the floor for public comment. Jimmy Sellars, of 802 C Street in Salida, commented first to endorse the Kelly family. Suzy Kelly, of Buena Vista, then commented to ask if parallel parking could be implemented instead of diagonal parking, as well as to ask where tenants and customers would park with seven parking spaces for the sixteen proposed units. With no further public input, public comments were closed at 8:14. Doering stated that the Board of Trustees voted on the diagonal parking with a 10 foot sidewalk and a mid-block crossing with a flashing signal as opposed to the parallel parking. Brown motioned the Planning and Zoning Commission to approve the resolution as proposed with the 15 conditions. Motion #3 was seconded by Doumas. Larimer brought it to a vote, with all five members voting to pass the resolution. Doering explained that the Minor Subdivision and Public Improvement Agreement would still need approval once reviewed by the Town Administrator and Town Engineers. Doering introduced the next item on the agenda which was the Chaffee County IGA (Intergovernmental Agreement). Doering stated that the Board of County Commissioners heard, for the first time, to have an IGA between the Town and the County. The board made some minor adjustments to the proposed IGA, and once approved it will go to the Town’s Board of Trustees. Doering stated that the next Planning and Zoning Commission meeting on August 5th, which includes a Public Hearing for the Sangre de Cristo annexation, will be held via Zoom. The zoning request will be formally heard during this meeting. STAFF / COMMISSION INTERACTION The commission and staff discussed the current housing trends in Buena Vista, the potential for future Covid-related growth, and how the South Court Social project helps to provide long-term housing in town. Banks asked about the previously discussed addition to the UDC to address the dormitory-style building on South Gunnison. Doering stated that the plan is to bring the issue back to the Planning and Zoning Commission in the fall. Doering stated that Code Enforcement Officer, Grant Bryans, is currently working on the camper and RV th enforcement in Town and will potentially join the August 5 Planning and Zoning Commission meeting to discuss. ADJOURNMENT There being no further business to come before the Commission, Banks motioned to adjourn the meeting at 9:36 p.m. Brown seconded. Motion #4 was unanimously approved. Respectfully submitted: Preston Larimer, Chair Doug Tart, Planning Technician  town of buena vista P.O. Box 2002 Buena Vista, CO 81211 Phone: (719) 395-8643 Fax: (719) 395-8644 ANNEXATION AND ZONING STAFF REPORT DATE: August 2, 2020 HEARING DATE: August 5, 2020 ADDRESS: 29780 N Highway 24 APPLICANTS: Sangre de Cristo Electric Association and Tri-State Electric REQUEST: Applications to Annex into the Town of Buena Vista and zone the property Highway Commercial (HC) zone district CITY STAFF: Mark N. Doering, Principal Planner STAFF RECOMMENDATION: That the Planning and Zoning Commission recommend to the Board of Trustees that they approve the requested annexation and zoning to Highway Commercial zoning under the Town’s Unified Development Code (UDC). ATTACHMENTS TO THE REPORT: Attachment A – Vicinity Map Attachment B – Zoning Maps Attachment C – Annexation Maps (3) Attachment D – Annexation Master Plan I. SUMMARY OF REQUEST The applicant is requesting approval of an annexation into the Town and requesting to zone the property Highway Commercial (HC) under the town’s zoning ordinance. The annexation of the three petitions associated with the property is required to annex the entire 14.62 acres and meet State of Colorado Statutes. The property will also need to be zoned in the Town to meet State Statutes, and is proposed to be zoned Highway Commercial (HC) from the current Industrial (IND) zoning in the county. The County waived the Annexation Impact Report from Town that is required for properties over 10 acres. II. HISTORY AND BACKGROUND The property is currently developed as the Sangre de Cristo Electric Association headquarters and storage yard. Also located on the property is the substation owned by Tri-State Generation and Transmission Association. The applicants are not looking to further develop the property at this time. When the Town extended a water main up Highway 24 from Crossman Avenue to Harrison Avenue to serve the development west of the highway, a water extension agreement was signed by Sangre de Cristo Electric agreeing to annex when the Town determined it should annex. Sangre de Cristo has agreed to annex and  August 5, 2020 Annexation and Zoning of 29780 N Highway 24 Page 2 also included the property owner for the substation, Tri-State to join in that annexation, as that property is surrounded by the property owned by Sangre de Cristo Electric. III. PROCESS. The applicants have submitted an annexation and zoning request to the Town of Buena Vista. Those processes are controlled by state statutes with a very strict time limit for those processes to occur. The Board of Trustees accepted the petitions for annexation at their July 7, 202 meeting, which has started the process that must be heard within 60 days by the Board for a final decision on the annexation and zoning of the properties. The Planning and Zoning Commission reviews the annexation map and proposed zoning and makes a recommendation to the Board of Trustees. The Board of Trustees will hear the applications on August 25, 2020 to make a decision on both the annexation and zoning applications. IV. ZONING AND LAND USE North South West East Adjacent Chaffee County Chaffee County Chaffee County Chaffee County Zoning Industrial (IND) Industrial (IND) Commercial (COM) Residential (RES) Designation and Buena Vista Highway Commercial (HC) Adjacent Residential and Commercial Commercial Single-family Land Use Commercial Residential See Attachment A - Vicinity Map, Attachment B - Zoning Maps, and Attachment C – Annexation Maps. V. ANALYSIS – ANNEXATION CRITERIA Chapter 15 of the Town of Buena Vista establishes the Town’s procedure along with the State of Colorado Statutes for an annexation. The State of Colorado Statutes require that: (1) No less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the Town; (2) A community of interest exists between the area proposed to be annexed and the Town; and (3) The area proposed to be annexed is urban or will be urbanized in the near the future and is integrated or capable of being integrated with the Town. The annexations of the entire three annexation maps associated with the petitions is required to meet the State’s contiguity requirements. Those requirements allow only for a maximum of one-sixth of a property’s boundary to be contiguous to the Town’s boundary, which is why there are three different annexation maps. Each map meets the maximum contiguous boundary and must be done in order separately to annex the entire property and still meet the contiguity requirements. The community of interest criterion has been met because the Town already supplies water to the property from the water line extension agreement and the fact that the property is served by the Town Fire and Police Departments through mutual aid agreements between the Town and the County. The Town already provides services to the property. The property being annexed is urban is capable of being integrated with the Town. No new roads are needed to serve the property and the property already has municipal water service from the Town. The  August 5, 2020 Annexation and Zoning of 29780 N Highway 24 Page 3 property is capable of being included in the sanitation district in the future should any additional development to the south occurs, particularly if they annex into Town and connect to town water and Buena Vista Sanitation District for that new development. Again, the property is not seeking additional development over the existing facilities on the site. The Town’s requirements do not specify criteria for annexation other than those above except that it does require review of the annexation maps, master plan and any other supporting materials. The master plan is to describe the existing and proposed future development of the annexation territory. The applicants have submitted a map showing the existing facilities, substation, and storage yard for the Sangre de Cristo Electric Association and Tri-State Generation. Because the applicants are not proposing to further develop their properties, the Town waived much of the supplemental information that is identified in the Municipal Code. The County waived the required Annexation Impact Report from the town that is required for properties over 10 acres on September 20, 2019. VI. ANALYSIS – ZONING CRITERIA Section 6.4.1. (5) (c) of the Buena Vista Unified Development Code (UDC) provides specific review criteria for Rezoning applications. The application must comply with at least one of the criteria in 6.4.1 (5) (c) i. and each of the criteria in 6.4.1 (5) (c) ii. Each criterion is listed in bold text, followed by staff’s analysis for each in standard text. For subsection 6.4.1 (5) (c) i., the Planning and Zoning Commission and Board of Trustees shall consider whether the proposed rezoning complies with at least one of the following criteria: 1. The proposed rezoning is consistent with the Comprehensive Plan and the purposes of this UDC; or The proposed rezoning is consistent with the Comprehensive Plan and the purposes of this UDC because it supports the Community Vision. The Community Vision has three areas that align with the proposed annexation, Community Services, Environment, and Economy. The Community Services portion states, “Our town government and community leaders demonstrate accountability, consistency and visibility. We engage in a high level of cooperation with surrounding governmental and nongovernmental entities.” The annexation is part of the agreement between the Town and the Electric Association that provided consistent water to their property and their office building when it was installing a main that served other properties in town. The Environment portion states, “We desire a community where urban, rural and agricultural land uses can coexist in a well-planned pattern. Land use decisions are made with thoughtfulness and an eye toward sustainability. We want a healthy community with clean air and water.” Keeping the existing uses on that property in the Highway Commercial zone district allows for that use to operate in town limits and subject to the zoning requirements of the town should any additional development occur. The Economy portion of the vision states, “The town has a bustling downtown community core with abundant and diverse retail establishments. We continually strive for economic diversity within the community. Our town government is economically stable and viable.” The addition of the Electric Association’s headquarters will mean the Town has another employer in town limits and the addition of any sales taxes from the Electric Association’s purchases will add to the town’s sales tax collections.  August 5, 2020 Annexation and Zoning of 29780 N Highway 24 Page 4 2. The rezoning is consistent with the purpose statement of the proposed zoning district; or Under Section 2.4.5. of the UDC, the Highway Commercial (HC) zoning district is intended to: 1. Strengthen the Town’s economic base, and provide employment opportunities close to home for residents of the Town and surrounding communities; 2. Minimize the impact of commercial development on residential uses; and 3. Provide for retail sales and services that require good automobile access, and for other uses not requiring a centralized location but that do require highway frontage, comparatively large lot areas, and open sales yards or unenclosed storage areas. This zoning application supports the purpose statement of the HC zoning district because the existing headquarters provides for employment opportunities for residents of Buena Vista. It also minimizes the impact of the existing office building, substation, and storage yard on surrounding properties by keeping it in its current location, but including it in town. Commercial users already exist on three sides of the property and the property is separated from the residential to the east by the Union Pacific Railroad right- of way and tracks. Furthermore, it has good automobile access on Highway 24 without the need for any additional accesses or roads. 3. There have been significant changes in the area to warrant a zoning change; or The property is in an area that has seen significant changes in the last ten years. In town, the water line was installed to the property and up to Harrison Avenue to allow for more commercial development, particularly to west in town limits with True Value, Tractor Supply, and Love’s Gas Station providing significant commercial development on the north end of town. 4. There was an error in establishing the current zoning. This criterion is not applicable. The property up until this application has been industrial under the Chaffee County zoning ordinance. Staff believes that this development satisfies all of the first three criteria, and therefore the criteria in section 6.4.1 (5) (c) i. have been met. For subsection 6.4.1 (5) (c) ii., the Planning and Zoning Commission and Board of Trustees shall consider whether the proposed rezoning complies with each of the following criteria, shown in bold, with Staff’s analysis for each in standard text. 1. The intensity of development in the new zoning district is not expected to create significantly adverse impacts to surrounding properties or the neighborhood; and The new zoning district is consistent with the zoning of other properties in Town along Highway 24, and zoning the property to HC does not increase any adverse impacts to surrounding properties over the existing Industrial Zoning in the County. The property is already developed with the existing uses and each of those is allowed in the Highway Commercial zone district. 2. Public facilities and services are available to adequately serve the subject property while maintaining an adequate level of service to existing development, including but not limited to public water supply, infrastructure, and water rights available to the Town as identified in its Water Activity Report at the time of the application.  August 5, 2020 Annexation and Zoning of 29780 N Highway 24 Page 5 The existing development is adequately served by access to Highway 24, and the property is already served by electric and water services. The property has been getting water from the town from that water line extension and agreement. Should the property develop further and expand, it may need to extend sanitary sewer to serve the property at that time. Any future additions will be reviewed for compliance with the Town’s requirements in effect at that time, instead of the County, should the property be annexed. VII. CONCLUSIONS AND RECOMMENDATION Based upon the information and materials provided by the applicant and included in the staff report, staff supports the requested Annexation and Zoning. Therefore, staff recommends that the Planning and Zoning Commission find that: 1. The applicants have requested approval of annexation and zoning to allow for the existing headquarters, substation and storage yard on the property located at 29780 N Highway 24; and 2. Notice of the public hearing for the Planning and Zoning Commission 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 annexation and zoning. THEREFORE If the Planning and Zoning Commission accepts the conclusions and recommendation as presented in this staff report, it should recommend to the Board of Trustees to APPROVE the annexation and zoning for the Sangre de Cristo Electric Association headquarters, storage yard and Tri-State Electric Generation’s substation located at 29780 N Highway 24. cc: Sangre de Cristo Electric Association, applicant Tri-State Electric Generation Association, applicant  August 5, 2020 Annexation and Zoning of 29780 N Highway 24 Page 6 Attachment A – Vicinity Map Subject Property Town Limits North  August 5, 2020 Annexation and Zoning of 29780 N Highway 24 Page 7 Attachment B – Buena Vista Zoning Map Area proposed Subject to be Property zoned H-C County Zoning Map Subject Property  August 5, 2020 Annexation and Zoning of 29780 N Highway 24 Page 8 Attachment C – Annexation Maps (3) See the attached 11” x 17” maps on three sheets.  August 5, 2020 Annexation and Zoning of 29780 N Highway 24 Page 9 Attachment D – Annexation Master Plan See the attached 11” x 17” map on one sheet.