Planning and Zoning Commission - Packets

The Buena Vista Planning & Zoning Commission May 19, 2021 at 7:00 PM Virtual Regular Meeting Meeting will be held at the Buena Vista Community Center for Commission Members and Staff The public can join the meeting virtually via ZOOM. To participate in Public Comment and/or Public Hearings you must connect to the video conference. The meeting link has changed, and the revised zoom meeting link is provided below. Conferencing Access Information: https://zoom.us/j/92196756001 Listen via phone at 1-346-248-7799 Meeting ID: 921 9675 6001 Passcode: BuenaVista AGENDA 7:00 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 – May 5, 2021 VI. Public Comment VII. New Business 1. Public Hearing to consider a Special Use Permit for up to 10 Short-Term Rental units for the property located at 417-419 E. Main Street (Lots 8-10, Block 4, Town of Buena Vista). A request by Dan Berdelle/Rocket Marie Development, LLC for a Special Use Permit at 417-419 East Main Street to allow up to 10 short-term rental units (residential) in a mixed-use building in the MU- MS zone district. The request is for approval of the use only and does not include the specific design of the site, which requires separate approval. 2. Staff/Commission Interaction VIII. Adjournment This Agenda was Posted at Buena Vista Town Hall, Buena Vista Post Office, and www.buenavistaco.gov on May 18, 2021  Minutes of the Regular Meeting of the Buena Vista Planning and Zoning Commission May 5, 2021 CALL TO ORDER A regular meeting of the Planning and Zoning Commission was called to order at 7:00 pm, Wednesday, May 5, 2021 via Zoom video conferencing by Chair Preston Larimer. Also present were Vice Chair Lynn Schultz-Writsel, Commissioners Estes Banks and Thomas Doumas, and Alternate Commissioners Tony LaGreca and Blake Bennetts. Staff Present: Principal Planner Mark Doering, Project Manager Joel Benson, and Planning Technician Doug Tart. PLEDGE OF ALLEGIANCE Chair Larimer led in the Pledge of Allegiance. ROLL CALL Tart proceeded with the roll call and declared a quorum. AGENDA ADOPTION Larimer called for approval of the agenda. Commissioner Schultz-Writsel motioned to adopt the agenda as presented, Motion #1 seconded by Commissioner LaGreca. Motion carried. APPROVAL OF MINUTES Commissioner Doumas motioned for approval of the April 21, 2021 minutes as amended. Motion #2 was seconded by Commissioner LaGreca. Motion carried. PUBLIC COMMENT Public comments opened at 7:07 pm. With no comments, public comment was closed at 7:07 pm. NEW BUSINESS Town Project Manager Joel Benson discussed the amendments to the Fee for Water Dedication Draft Ordinance brought forth by the Board of Trustees. This was a public hearing. There was a change to the language that initially inadvertently eliminated ¾” taps from the fee. The wording was updated to indicate that any change of use that requires upsizing will be subject to the fee. The second change addressed the timeframe that developments approved prior to the June 1, 2021 start date have to develop before being subject to the new water dedication fee. Developments that have been approved prior to the June 1 start date will have three (3) years to develop without being subject to the fees. If that time lapses, any new development will have to pay the water dedication fee established at the time of development. The third change captures the subdivisions that occur where multiple water taps already exist on a single lot prior to the subdivision. If the subdivision does not require additional taps to service the newly created lots, the new lots will not be subject to the water dedication fee. The Board of Trustees will be meeting May 25, 2021 to accept a recommendation of approval, recommendation of approval with amendments, or denial. The ordinance would go into effect 30 days after being published in the newspaper, which if approved on May 25th it would go into effect on July 2nd, 2021. Benson stated that the Town will be doing a water rate study at the end of the summer to better dial in an appropriate fee. The current fee is based on 2/3 of the current fee in lieu for annexation which is $4000 for a ¾” tap and approximately $6000 for a 1” tap. For multifamily developments, 4 or less units will cost $2600 per unit, and 5 or more is $2200 per unit. Commercial uses are based on a water-use basis, which equates to $35,000 per acre foot of usage. Fees will be collected at the time of building permit submittal. All fees collected will go into a separate Town account specifically for water infrastructure improvements and acquisition of water rights. Benson clarified that the existing water tap fee is used as system investment fee that pays for the maintenance and replacement of water infrastructure, as well as the production of the water. The water dedication fee is used for the diversification of the Town’s water portfolio. Commissioner LaGreca motioned to recommend to the Board of Trustees to accept the changes as presented to the draft water ordinance. Commissioner Schultz-Writsel seconded. Motion #3 carried. STAFF / COMMISSION INTERACTION Doering stated that the Town is seeing a lot of inquiries regarding development on Main Street. South Court Social is planning to open in late June or July. There have been preliminary conversations about development on both sides of the brothel building (420 E. Main St.), and there is an upcoming meeting with the owners of lots east of South Court Social that are interested in developing. The Town’s ability to acquire water in the future is vital for the continuation of growth and development within Town limits. The large parcel south of Marquette Ave. has gone back on the market after preliminary meetings with the Town about future development. The streets of Stoney Run and Mayer Ave. are now officially Town owned. The developer of these neighborhoods officially deeded over the roads to the Town. Commissioner Doumas asked for any updates regarding the Crossman’s Addition water model. Doering explained that the differing opinions of the current property owners makes it challenging to move forward, as infrastructure installation requires cooperation of all landowners. There have been no formal proposals for development. Commissioner Larimer asked about the status of short-term rental discussions. Doering stated that staff was having a meeting on May 6th to discuss potential recommendations that staff might make for the Board. The Board of Trustees have touched on the topic of short-term rentals, but nothing has been formally proposed. Changes to the Unified Development Code are likely in regards to clarifying language related to short-term rentals. The next Planning & Zoning Commission meeting on May 19th will take place in-person at the Community Center. The public will be able to join the hearing via Zoom. ADJOURNMENT There being no further business to come before the Commission, Commissioner Banks motioned to adjourn the meeting at 8:28 p.m. Commissioner Schultz-Writsel seconded. Motion #4 was unanimously approved. Respectfully submitted: Preston Larimer, Chair Doug Tart, Planning Technician DATE: May 14, 2021 HEARING DATE: May 19, 2021 TO: Planning and Zoning Commission FROM: Mark N. Doering, Principal Planner AGENDA ITEM: A request by Dan Berdelle/Rocket Marie Development, LLC for a Special Use Permit at 417-419 East Main Street to allow up to 10 short-term rental units (residential) in a mixed-use building in the MU-MS zone district. The request is for approval of the use only and does not include the specific design of the site, which requires separate approval. Staff Recommendation That the Planning and Zoning Commission approve with conditions the Special Use Permit for up to 10 short-term rentals in the residential portion of a mixed-use building located at 417-419 E. Main Street. Staff’s recommended conditions of approval for the Special Use Permit (SUP) are: Special Use Permit Conditions: 1. The proposed use of the building is general retail on the first floor with large multifamily residential behind it and on the upper floors. General retail and large multifamily residential are uses by right in the MU-MS zone district. This SUP is granted for up to ten (10) short-term rental units within the residential portion of a mixed-use building. This SUP approval shall not be deemed to approve any other type of use in the building and any change in the use of the building must comply with the requirements of the Buena Vista Municipal Code in effect at the time of the change in use. 2. This SUP does not exempt the property from any regulations relating to short-term rental licensing or operation requirements required by the Town, as may be amended. All Short-term rentals shall comply with the requirements of the Town of Buena Vista Municipal Code in effect at the time of the operation as short-term rental use. 3. The proposed project is being developed as one mixed-use building on one lot. Prior to the development of the property, the owner shall combine the properties into one lot with a minor subdivision. The owner shall also obtain Major Site Plan approval for the construction of the mixed-use building. Prior to the use of any units as a short-term rental, the individual units shall be condominiumized with a condominium plat approved by the Town to create individual condominium ownership of the multifamily units. The applicants shall comply with the Town’s requirements for each of those subsequent applications in effect at the time of their application submittals. This SUP shall not become  May 19, 2021 Special Use Permit – 417-419 E. Main Street Page 2 effective until the owner has obtained Town approval of the minor subdivision, major site plan, and a condominium plat. If the owner has not obtained approval of the minor subdivision, major site plan, and a condominium plat within three years of the date of approval of this SUP, this SUP shall be void. 4. The property shall provide a minimum of one off-street parking space per short-term rental unit plus one additional handicapped off-street parking space to allow for overnight parking for any short-term rental unit. Overnight parking shall not be allowed on East Main Street. 5. The Owner shall instruct all future owners and tenants that overnight parking is not allowed on East Main Street in its sales and lease materials, and make it known that any vehicles parked overnight on East Main Street may be towed at the owner’s expense. 6. The Owner shall pay fees in lieu of school land dedication for each residential unit in effect at the time of building permit submittal for the residential use prior to the issuance of a building permit for the proposed development. 7. The Owner shall pay fees in lieu of park land dedication for each residential unit in effect at the time of subdivision prior to the recording the subdivision plat. 8. The Owner shall instruct all commercial tenants that they shall obtain and maintain business licenses for all businesses prior to and during their use on the Property. 9. The Owner shall instruct all commercial tenants that they must clear and maintain sidewalks abutting the property of snow and ice in accordance with the Town’s commercial snow removal requirements in effect. Attachments to the Report: Attachment A – Vicinity Map Attachment B – Zoning Map Attachment C – Site Photos Attachment D – Applicants’ Submittal (with Preliminary Drawings) Attachment E – Draft Resolution I. SUMMARY OF REQUEST The applicants, as represented by architect Dan Berdelle, submitted a Special Use Permit application to allow for 10 short-term rental units in a mixed-use commercial development containing 10 multifamily residential units above and behind commercial uses for the property located at 417-419 East Main Street, in the Mixed Use – Main Street (MU-MS) Zone District. The proposed uses for the mixed-use building for purposes of the review for this application are general retail and large multifamily residential (containing 5 or more units). The applicants are seeking consideration of the SUP prior to making a formal application of the Major Site Plan and subdivisions that will be required if the SUP is approved. The proposed building meets the Unified Development Code (UDC) requirements for a Planning and Zoning Commission approval of a Major Site Plan prior to obtaining a building permit for the proposed uses. Additionally, the  May 19, 2021 Special Use Permit – 417-419 E. Main Street Page 3 applicant will need to submit a Minor Subdivision to combine the three separate original town lots into one lot to allow for the proposed development. 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. Prior the proposed short- term rental use of the multifamily building operating, a condominium plat will be required to create the individual ownership of the multifamily units. Each of those applications will be subject to the requirements of the Municipal Code in effect at the time of their submittals. II. HISTORY AND BACKGROUND The site (Lots 8-10 Block 4, Town of Buena Vista Plat) is currently vacant. The site is adjacent to an existing developed sidewalk along East Main Street and to a gravel alley at the rear of the property. III. PROCESS – REQUIRED APPROVALS The applicant has submitted a Special Use Permit application prior to submitting a Major Site Plan to see if the proposed short-term rental use of those multifamily units will be allowed prior to designing the resulting structure. If the proposed use is not approved, then the building and the resulting allowed uses may change. As proposed, the application reviewed by staff is one mixed-use building with 10 multifamily residential units proposed to be owned as condominiums above and behind commercial space at the Main Street side of the first floor and a parking lot at the rear of the site with 11 parking spaces. A Major Site Plan on the final design is required for the 10 multifamily units. That review will come back to the Planning and Zoning Commission for its approval prior to submitting a building permit for its construction, as well as a Minor Subdivision to combine the three existing original town lots into one to allow for the building to be on one lot. The Minor Subdivision is an administrative review by the Town Administrator. The applicant will also have to create a condominium plat to separate the ownership of individual units, but that can be done after the building has been constructed or with the Minor Subdivision, but must be completed prior to the short-term rental of the multifamily residential being used short-term rentals, if approved by the Commission. The condominium plat will also be reviewed administratively by the Town Administrator. IV. ANALYSIS – ZONING AND LAND USE North South West East Adjacent MU-MS MU-2 MU-MS MU-MS Zoning (Mixed Use – Main (Mixed Use -Two) (Mixed Use – (Mixed Use – Main Designation Street) Main Street) Street) Adjacent Land Commercial Residential Commercial Commercial Use 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 Major Site Plans. Each criterion is shown below in bold text and staff’s analysis follows each criterion in standard text.  May 19, 2021 Special Use Permit – 417-419 E. Main Street Page 4 1. The proposed use is consistent with the Comprehensive Plan and the purposes of this UDC; The proposed development is consistent with a lot of adopted goals and policies of the 2015 Comprehensive Plan. The proposed development results in more multifamily residential and commercial development on a property that is vacant building in the downtown area. The proposed development will result in retail uses on the first floor and multifamily residential above and behind in a vertically-mixed building. The new construction will match the development pattern along East Main Street with a building that is pulled up to the front of the lot similar to existing downtown buildings. The list of goals and policies from the Comprehensive Plan that the proposed Major Site Plan is consistent with are: • Buena Vista will promote new housing on underdeveloped and vacant parcels within the downtown core and provide for mixed-uses. • Buena Vista will maintain and enhance the community’s overall appearance. Land uses shall be compatible with adjacent uses and respect historic properties. Appropriate zone districts should be identified where greater density can be attained. • New and existing development will closely consider accessibility, parking, and alternative transportation. Higher density development will only be located where existing or planned road facilities are appropriately built and designed to serve it. New streets will be designed with equal consideration for the integration with the existing network, connectivity to amenities, visual character, and safety. • The Town will consider new and existing development for its environmental impacts and seek to minimize the environmental footprint of development to the greatest extent possible. Encourage density, infill, and adaptive reuse of structures. The proposed building will be three floors, but the review of the the final design will be done with the Major Site Plan, which will come back to the Commission for its separate approval. 2. The proposed use complies with applicable use-specific standards in Section 3.2 of the UDC. The proposed short-term use must comply with the five requirements listed in Section 3.2.3.I. They are: 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 approval of the SUP to ensure that those criteria are met. The large multifamily and commercial uses will also be subject to those specific requirements at the time of those uses. Should any commercial uses that require a Special Use Permit will need separate approval prior to those uses being allowed on the property. For example, if the building is built and occupied by a veterinarian, that use will require approval of another SUP prior to that use going into the building.  May 19, 2021 Special Use Permit – 417-419 E. Main Street Page 5 3. The proposed use complies with all other standards in this UDC. The proposed use will need to be reviewed with the Major Site plan to ensure that it meets all of the other standards in the UDC. Staff has a condition that the Major Site Plan review will be done separately prior to the development of the site to allow staff to review it for compliance with the UDC. Among other items listed in the UDC (such as the non-residential design standards), it will be reviewed for compliance with the MU-MS zone district standards. They are listed in the following table. Standard MU-MS Requirements Minimum Lot Width 25 feet Front Setback: Minimum 0 feet minimum Maximum 5 feet maximum Minimum Frontage Build Out 85% Minimum Side Setback 0 feet Minimum Rear Setback 0 feet Maximum Building Coverage 100% Minimum Required Landscaping 0% Maximum Building Height 40 feet primary structure 35 feet accessory structure Minimum Off-Street Parking 5 parking spaces for a 75’-wide lot 4. The proposed use is consistent with the purpose statement of the underlying zoning district. The MU-MS zone 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. The proposed building is consistent with the purpose of the MU-MS district as proposed. The individually-owned residential units, whether they are used for long-term residential or short-term rentals (under 30 days), plus the commercial uses will result in more vibrant downtown. 5. Impacts of the use on the surrounding neighborhood have been adequately minimized; and Staff will review the proposed development for compliance with this requirement at the time of a Major Site Plan, but has added proposed conditions to minimize the impacts of off-street parking for the proposed 10 short-term rental units on the surrounding neighborhood. Because the applicants are seeking to have short-term rental use of 10 units, the need for overnight parking is greater than the code minimum requirement of five (5) off-street parking spaces for a 75-foot- wide lot. Staff has also added conditions that each of the other required applications will need to meet the requirements in effect at the time of the other required applications to get the SUP.  May 19, 2021 Special Use Permit – 417-419 E. Main Street Page 6 6. The proposed use does not adversely impact the public health, safety, and welfare of the Town. The proposed short-term rental of individual residential units will not adversely impact the health, safety, and welfare of the Town, if the conditions are met with a final design at the time of the Major Site Plan. Should the regulations for short-term rentals ever change in the future, the proposed short-term rentals will be subject to those requirements at that time. Staff has proposed a condition that this approval does not grant any special approvals that would override any future regulations, if any, that relate to the regulation of that use for the entire town. VI. CONCLUSION AND RECOMMENDATION Based upon the information and materials provided by the applicant and in the staff report, staff recommends that the Planning and Zoning Commission approve with conditions the Special Use Permit for short-term rentals in a mixed-use building containing up to 10 multifamily residential units and commercial uses on the property located at 417-419 E. Main Street. 1. The applicant has requested approval of a Special Use Permit for up to 10 short-term rental units in a mixed-use commercial development containing 10 multifamily residential units above and behind commercial uses for the property located at 417-419 East 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 request is consistent with the 2015 Comprehensive Plan; and 5. The application is consistent with the applicable standards for a Special Use Permit for for short- term rentals on a property located in the MU-MS zone district. THEREFORE If the Planning and Zoning Commission accepts the conclusion and recommendation as presented in the staff report, it should APPROVE (with conditions) the Special Use Permit at 417-419 East Main Street to allow up to 10 short-term rental units (residential) in a mixed-use building in the MU-MS zone district with the following conditions: 1. The proposed use of the building is general retail on the first floor with large multifamily residential behind it and on the upper floors. General retail and large multifamily residential are uses by right in the MU-MS zone district. This SUP is granted for up to ten (10) short-term rental units within the residential portion of a mixed-use building. This SUP approval shall not be deemed to approve any other type of use in the building and any change in the use of the building must comply with the requirements of the Buena Vista Municipal Code in effect at the time of the change in use. 2. This SUP does not exempt the property from any regulations relating to short-term rental licensing or operation requirements required by the Town, as may be amended. All Short-term rentals shall comply with the requirements of the Town of Buena Vista Municipal Code in effect at the time of the operation as short-term rental use. 3. The proposed project is being developed as one mixed-use building on one lot. Prior to the development of the property, the owner shall combine the properties into one lot with  May 19, 2021 Special Use Permit – 417-419 E. Main Street Page 7 a minor subdivision. The owner shall also obtain Major Site Plan approval for the construction of the mixed-use building. Prior to the use of any units as a short-term rental, the individual units shall be condominiumized with a condominium plat approved by the Town to create individual condominium ownership of the multifamily units. The applicants shall comply with the Town’s requirements for each of those subsequent applications in effect at the time of their application submittals. This SUP shall not become effective until the owner has obtained Town approval of the minor subdivision, major site plan, and a condominium plat. If the owner has not obtained approval of the minor subdivision, major site plan, and a condominium plat within three years of the date of approval of this SUP, this SUP shall be void. 4. The property shall provide a minimum of one off-street parking space per short-term rental unit plus one additional handicapped off-street parking space to allow for overnight parking for any short-term rental unit. Overnight parking shall not be allowed on East Main Street. 5. The Owner shall instruct all future owners and tenants that overnight parking is not allowed on East Main Street in its sales and lease materials, and make it known that any vehicles parked overnight on East Main Street may be towed at the owner’s expense. 6. The Owner shall pay fees in lieu of school land dedication for each residential unit in effect at the time of building permit submittal for the residential use prior to the issuance of a building permit for the proposed development. 7. The Owner shall pay fees in lieu of park land dedication for each residential unit in effect at the time of subdivision prior to the recording the subdivision plat. 8. The Owner shall instruct all commercial tenants that they shall obtain and maintain business licenses for all businesses prior to and during their use on the Property. 9. The Owner shall instruct all commercial tenants that they must clear and maintain sidewalks abutting the property of snow and ice in accordance with the Town’s commercial snow removal requirements in effect. Cc: Dan Berdelle, representative Address File – 417-419 E. Main Street  May 19, 2021 Special Use Permit – 417-419 E. Main Street Page 8 Attachment A - Vicinity Map SITE NORTH  May 19, 2021 Special Use Permit – 417-419 E. Main Street Page 9 Attachment B – Zoning Map SITE NORTH  May 19, 2021 Special Use Permit – 417-419 E. Main Street Page 10 Attachment C – Site Photos View South from Main Street. View North from the property.  May 19, 2021 Special Use Permit – 417-419 E. Main Street Page 11 View West from the property. View East from the property.  May 19, 2021 Special Use Permit – 417-419 E. Main Street Page 12 View East Along Main Street. View West Along Main Street.  May 19, 2021 Special Use Permit – 417-419 E. Main Street Page 13 Attachment D – Applicants’ Submittal (with Preliminary Drawings) See the following twenty-three (23) Pages. Note that these are preliminary designs in nature and the final site design will be reviewed at the time of a Major Site Plan application.  Dan Berdelle Rocket Marie, LLC 3/31/2021 Special Use Permit Application Letter of Justification Buena Vista Board of Trustees, My name is Dan Berdelle. I am the owner and manager of the vacant property lot along E Main St between House Rock Kitchen and The Orpheum Theater. I am writing to you seeking a Special Use Permit for Short Term Rentals for the three lot parcel (75’ x 125’) with plans to develop a mixed-use condominium building with prominent retail spaces on the E Main St ground level. Attached with this letter is our Special Use Application including a preliminary Site Plan, as well as a Fire Code and Safety Narrative by our architect, Keeney Design, addressing the various design elements within the fire code. We respectively seek approval for the Special Use Permit and our hope is this letter better explains who we are and what we are trying to accomplish. We ask that the Board of Trustees grant Rocket Marie, LLC the Special Use Permit for Short Term Rentals with our mutual understanding that there be a condition that we meet Buena Vista’s current Unified Development Code (UDC), as well as the expectation that we execute a condominium plat of the individual units throughout the building once construction is complete. Upon approval of the Special Use Permit, our team will have the confidence to make the financial commitment to procure full architectural and engineered construction drawings in order to begin the Site Plan Approval process with the Town of Buena Vista. A little bit about myself and our Adventures in BV: My wife and I spent our anniversary in Buena Vista in 2015 and immediately fell in love with the town, the valley, and most importantly, its people. We came to appreciate the eclectic nature of the town’s architecture and slower paced way of life, along with its culinary food and music scene. It was an easy decision for us to seek to invest here and be part of BV’s future. In early 2018, we purchased two vacant lots from Jim Typer off Chestnut St (311 & 315 Chestnut St) right behind E Main. We designed and built two single family homes with TJ Rasmussen as our builder. Those homes got their Certificate of Occupancy in July of 2019, and our family and friends have been enjoying them ever since. We also own 312 Pinon St, which is a long-term rental to a resident that has lived there since 2014. We made a conscious decision to purchase lots in the MU-2 zoning, specifically on the northern side of E Main. Our thought process is that the MU-2 zoning was more appealing for development and would have less impact on the local population if in the event residents preferred to keep short term rentals out of residential neighborhoods, which is an understandable position. Professionally Speaking: I, along with my partner Nick Graham, graduated together from CU Boulder with a Master’s Degree in Real Estate Development. My recent career positions include Real Capital Solutions, a Real Estate Private Equity company based out of Louisville, CO; as well as Century Communities, a publicly traded national home builder based out of Denver. Nick has worked with multiple national 1  Dan Berdelle Rocket Marie, LLC 3/31/2021 multi-family real estate developers, also based out of Denver. I approached Nick about the opportunity to buy and develop the three lot parcel on E Main St, and the excitement about being part of E Main St and the growth in Buena Vista captivated our interests. After short deliberation, we made the purchase in the Fall of 2020. The Proposed Development: Rocket Marie LLC, the official owner of the parcel, plans to build a mixed-use condominium building along three vacant lot parcels on E Main St in Downtown Buena Vista. We will perform a Subdivision Plat combining all three parcels into one prior to construction permits. Approximately 2,158 sf of retail/commercial space will be incorporated on the ground floor along the 75’ of E Main St frontage. This space is intended to activate the street and bring energy to Downtown BV. The ground floor can be one large retail space or can be divided accordingly to allow for more uses. The possibility for a small restaurant and/or lounge-like bar is certainly available given the local market demand. There is also potential for a merchandise/retail store due to the visibility of the patronage along E Main. Our options are open at this juncture. The downstairs basement (approximately 2,100 sf) is an option we are considering for extra storage and/or possible retail/commercial space as well. The remaining building consists of a three-story elevator building with 10 residential condominium units. Each unit will have its own individual address once the condominium plat is recorded. Each unit will have its own water heater, furnace, and individual utility billing. The average sf per unit is 1,190 sf. There will be 11 interior parking spaces accessible off the back alley. The zoning code calls for five parking spaces; however, we feel from a marketable viewpoint, each unit should have its own parking space. Because of this, we have designed more than enough to meet that target. Also, each parking space is deep enough to potentially have its own storage locker in front to store bikes, kayaks, fishing gear, etc... Architecturally, most of the façade facing Main St will be some form of brick. The sides and exteriors will be a mix of brick, concrete, and/or stucco. Please see the attached Site Plan for more clarity. Special Use Permit: Our intent is to make the building available for individual owners of each condominium unit to be able to apply to the town for a Short Term Rental License, much like how the 2 bed/1 bath units from the condominium building near South Main are allowed to do. Currently the MU-MS Zoning applies Short Term Rental as a Special Use. Having this Special Use Permit would give our team confidence to proceed forward with the necessary costs associated with architectural and engineering design, by which we would then follow the appropriate channels with the Town of Buena Vista for Site Plan Approval, followed by Construction Permit Applications. Our hope is to break ground in spring of 2022 and have a Certificate of Occupancy by summer 2023. 2  Dan Berdelle Rocket Marie, LLC 3/31/2021 Please let us know if you have any questions, thoughts or concerns. We know how incredibly busy BV is right now and we appreciate your time. We look forward to your feedback and are eager to get started working with you and the town of Buena Vista. Sincerely, Dan Berdelle Owner/Manager - Rocket Marie, LLC (970) 218 -3194 : Dan.Berdelle@gmail.com 3 BUENA VISTA SEVEN14 FIRE CODE AND BUILDING SAFETY FEATURE NARRATIVE The proposed mixed use building will be designed with multiple features to ensure that it will be safe and meet or exceed fire and life safety requirements. The occupancy classification of the proposed mixed use building will be of M (Mercantile - Retail), R-2 (Residential - Apartment), and U (Utility - Private Garage). The overall construction is proposed to be of Type V, and will include fire rated assemblies as required to separate occupancy types and as required at the lot lines. These will consist of 1HR fire separations between occupancy types, 1HR separations between dwelling units, and 2HR rated assemblies at the zero lot line walls. The second floor deck above the garage will also be of 1HR fire rated construction. In addition, the proposed building will be fully sprinklered. Two exit stairs will be provided, separated by more than 1/3 of the max diagonal of the floor plate as required. In addition, all sleeping rooms will have access to an escape window, including a path to exit the property. A 3'-0" setback is being maintained on the 2nd and 3rd levels on the non-escape stair side of the building, (facing NE) to facilitate the exiting path from escape windows on that side. Common egress distances will be well below required maximums. These and other safety features will be described in detail in code sheets provided with the construction drawings. Sincerely, Nils MT Jergensen Principal, Keeney Design 730 W. HAMPDEN AVE, SUITE 303 ENGLEWOOD, COLORADO 80110 P 303.871.1970  SPECIAL USE PERMIT APPLICATION ET TRE NS MAI S. C RT OU EET STR OLO S. C O RAD E NU AVE ET STRE AR CED E. MAIN STREET & S. COURT STREET ROCKET MARIE DEVELOPMENT, LLC PARCEL NO. 327108404220 THREE STORY MIXED USE (RESIDENTIAL/RETAIL) DAN BERDELLE 315 CHESTNUT ST. BUENA VISTA, CO 81211 970.218.3194 DAN.BERDELLE@GMAIL.COM NICK GRAHAM 317.490.6142 NICKBERRYGRAHAM@GMAIL.COM BUENA VISTA SEVEN14 SITE AREA TOTAL SITE AREA: 9,375 SF PROPOSED BUILDING COVERAGE: 9,375 SF SITE COVERAGE: 100% UNIT MIX TYPE: # GSF EA GSF STUDIO A 1 335 335 STUDIO B 2 610 1,220 1BR/1BA 1 770 770 2BR/2BA 1 1,220 1,220 3BR/2BA 4 1,674 6,696 4BR/4.5BA 1 2,658 2,658 TOTALS 10 12,899 OTHER AREAS TYPE: GSF BASEMENT RETAIL 713 STORAGE 1,303 RETAIL (INCL 1,210 HOA LOBBY/RETAIL) 2,158 PARKING 5,016 CIRCULATION & MISC 3,255 OUTDOOR AMENITY DECK 1,145 TOTAL 13,590 TOTAL BUILDING AREA GRAND TOTAL 26,489 PARKING SPACES REQUIRED BY CODE: 5 PROVIDED: 11 BUILDING STATS BUENA VISTA SEVEN14  PRELIMINARY DESIGN LEGAL DESCRIPTION: LOTS 8, 9, AND 10 OF BLOCK NO. 4 CITY OF BUENA VISTA COUNTY OF CHAFFEE STATE OF COLORADO REET IN ST . MA E (E) HOUSE ROCK KITCHEN PROPOSED 3 STORY MIXED USE BUILDING 38'-0' MAX HEIGHT AT MAIN STREET 40' OVERALL MAX 8'-0 HEIGHT "W DF OO CE EN LOT 10 '-0 12 5 (E) ORPHEUM THEATRE BUILDING " LOT 9 LOT 8 PROPOSED PARKING ON 1ST LEVEL, RESIDENTIAL ON 2ND AND 3RD LEVEL ABOVE TY ER OP PR E LIN R XFM INE RT YL E OP " PR -0 75 ' LL EY FIRST FLOOR LEVEL = 100'-0" (USGS XXXX.XX) A SITE PLAN N 1" = 20'-0" BUENA VISTA SEVEN14  PRELIMINARY DESIGN 27' - 0" 32' - 0" SPEAKEASY 713 SF KITCHEN OR 23' - 8" 26' - 6" STORAGE 948 SF 9' - 0" LAUNDRY 90 SF STORAGE 355 SF LINE OF 1ST LEVEL LEGEND SPEAKEASY STORAGE BASEMENT PLAN N LAUNDRY 1/16" = 1'-0" KITCHEN OR STORAGE BUENA VISTA SEVEN14  75' - 0" PRELIMINARY DESIGN 5' - 0" 28' - 0" 9' - 0" 33' - 0" HOA LOBBY/RETAIL 24' - 8" 28' - 6" RETAIL 1210 SF 948 SF 59' - 8" (3) (4) STUDIO A 335 SF (5) 124' - 8" 8' - 0" GARAGE (6) 5016 SF 96' - 2" (7) 11 TOTAL SPACES 1BR/1BA 35' - 0" (8) 770 SF 25' - 0" 22' - 0" DRIVE AISLE (9) MECH 9' - 0" TYP. (10) (1) 24' - 0" 19' - 0" TYP. BETWEEN SPACES (11) GARBAGE & RECYCLING (2) LEGEND ELECTRICAL SERVICE & 20' - 0" TRANSFORMER ENTRANCE 1BR/1BA RETAIL LEVEL 1 PLAN N STUDIO A 1/16" = 1'-0" HOA LOBBY/RETAIL BUENA VISTA SEVEN14  75' - 0" PRELIMINARY DESIGN 33' - 0" 9' - 0" 33' - 0" BALCONY BALCONY 60' - 0" MECH/ 3BR/2BA 3BR/2BA STOR 1674 SF 1674 SF 8' - 0" 20' - 0" STUDIO B 610 SF 2BR/2BA 40' - 0" 1220 SF STUDIO B 610 SF 20' - 0" OUTDOOR AMENITY 17' - 0" DECK 1145 SF LEGEND 2BR/2BA 3BR/2BA LEVEL 2 PLAN N OUTDOOR AMENITY DECK 1/16" = 1'-0" STUDIO B BUENA VISTA SEVEN14  PRELIMINARY DESIGN 75' - 0" 33' - 0" 9' - 0" 33' - 0" BALCONY BALCONY 60' - 0" MECH 3BR/2BA 3BR/2BA 1674 SF 1674 SF 8' - 0" 4BR/4.5BA PENTHOUSE 40' - 0" 2658 SF 69' - 0" 17' - 0" LEGEND LEVEL 3 PLAN N 3BR/2BA 1/16" = 1'-0" 4BR/4.5BA PENTHOUSE BUENA VISTA SEVEN14  PRELIMINARY DESIGN 8' - 0" 6' - 0" 13' - 11" WOMEN 8' - 0" 10' - 10" 33' - 0" STORAGE MEN 5' - 11" 87 SF 12' - 2" WH STUDIO 335 SF 11' - 6" 23' - 0" LOBBY RESTROOMS AND STUDIO A FLOOR PLAN BUENA VISTA SEVEN14  PRELIMINARY DESIGN 29' - 0" 8' - 8" 12' - 0" 6' - 4" 18' - 9" 12' - 5" F WH FP 10' - 3" 15' - 3" STUDIO FLOOR PLAN 610 SF BUENA VISTA SEVEN14  PRELIMINARY DESIGN 12' - 9" 5' - 0" 18' - 8" 18' - 8" 33' - 0" HEARTH PASS THROUGH FP WH 6' - 0" 11' - 6" F F 14' - 0" 8' - 8" 23' - 0" 1BR/1BA FLOOR PLAN 770 SF BUENA VISTA SEVEN14  PRELIMINARY DESIGN 29' - 0" 13' - 2" 10' - 6" 5' - 7" 11' - 6" DECK 11' - 6" 5' - 7" PLANTER 6' - 0" F 38' - 0" SHELVES FP W/D WH SHELVES HEARTH DECK 18' - 5" 16' - 4" 16' - 3" 7' - 6" 2BR/2BA FLOOR PLAN 1220 SF BUENA VISTA SEVEN14  PRELIMINARY DESIGN 18' - 4" 12' - 8" 8' - 0" 11' - 8" FP 8' - 0" 6' - 10" 11' - 8" 16' - 6" 35' - 8" F WH 6' - 2" 11' - 6" 11' - 6" 8' - 8" 12' - 8" 6' - 0" 12' - 8" 3BR/2BA FLOOR PLAN 1674 SF BUENA VISTA SEVEN14  PRELIMINARY DESIGN 16' - 8" 13' - 2" 5' - 8" 13' - 2" 15' - 2" PANTRY HOOD ABOVE R 7' - 0" WINE RACK 11' - 2" DECK COFFEE BAR F 9' - 0 1/2" FOLDING GLASS WALL WH 7' - 4" DECK 38' - 0" FP EXPANDABLE TABLE 7' - 4" PLANTER DECK 16' - 2 1/2" COFFEE BAR 11' - 2" 10' - 2" FOLDING GLASS WALL 8' BILLIARDS TABLE 14' SHUFFLEBOARD TABLE 7' - 0" FOLDING GLASS WALL GAS FIRE PIT 23' - 10" 15' - 2" 67' - 0" 4BR/4.5 BA PENTHOUSE UNIT PLAN 2658 SF BUENA VISTA SEVEN14  PRELIMINARY DESIGN LIGHTED STEEL CORNICE DOWNLIT VERTICAL SIGN BRICK FACADE ON 2ND AND 3RD LEVELS 12' - 0" 12' - 0" 38' - 0" 14' - 0" PAINTED STEEL GUARDRAIL STOREFRONT WINDOWS STEEL ENTRY CANOPY WOOD PANEL FACADE ON 1ST LEVEL SOUTHWEST ELEVATION BRICK OR STUCCO FACADE ON 2ND AND 3RD LEVELS CONCRETE OR STUCCO WOOD WINDOWS 15' - 8" 12' - 0" 41' - 8" 12' - 0" 12' - 0" 38' - 0" 14' - 0" 14' - 0" OPEN CONCRETE OR STUCCO NORTHEAST ELEVATION BUENA VISTA SEVEN14  PRELIMINARY DESIGN APPROXIMATE OUTLINE OF ORPHEUM THEATER BRICK VENEER OR BRICK VENEER OR STUCCO STUCCO 15' - 8" 12' - 0" UNFINISHED 12' - 0" 12' - 0" 41' - 8" 38' - 0" 14' - 0" 14' - 0" DOWNLIT VERTICAL SIGN BRICK VENEER OR STUCCO CONCRETE OR STUCCO STEEL ENTRY CANOPIES WOOD WINDOWS, TYP. SOUTHWEST ELEVATION APPROXIMATE OUTLINE OF PAINTED SIGNAGE ORPHEUM THEATER BEYOND AND/OR MURAL BRICK VENEER OR STUCCO CONCRETE OR STUCCO 15' - 8" 13' - 0" 41' - 8" 12' - 0" 12' - 0" 38' - 0" 14' - 0" 13' - 0" BRICK VENEER WOOD WINDOWS, TYP. DOWNLIT VERTICAL SIGN STEEL ENTRY CANOPIES NORTHEAST ELEVATION BUENA VISTA SEVEN14  PRELIMINARY DESIGN 3 STORY RESIDENTIAL FEEL MASS PENTHOUSE (38' MAX (40' MAX ORPHEUM HEIGHT) HEIGHT) THEATER 1+ STORY BASE MASS (20') MAIN STREET BUILDING MASS (38' MAX HEIGHT) MASSING STUDY BUENA VISTA SEVEN14  May 19, 2021 Special Use Permit – 417-419 E. Main Street Page 14 Attachment E – Draft Resolution See the Following three (3) Pages.  TOWN OF BUENA VISTA PLANNING COMMISSION RESOLUTION NO. ___ SERIES 2021 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION FOR THE TOWN OF BUENA VISTA, COLORADO, CONDITIONALLY APPROVING A SPECIAL USE PERMIT FOR UP TO 10 SHORT TERM RENTALS IN A MIXED-USE BUILDING LOCATED ON PROPERTY MORE SPECIFICALLY DESCRIBED AS LOTS 8 THROUGH 10, BLOCK 4, TOWN OF BUENA VISTA (417-419 EAST MAIN STREET). WHEREAS, Rocket Marie Development, LLC (“Owner”) owns the property described as Lots 8 through 10, Block 4, Town of 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, short term rentals require a special use permit; WHEREAS, Dan Berdelle (the “Applicant”) filed an application, on behalf of the Owner, for a special use permit to allow up to 10 short term rental units in a mixed-use building to be located on the Property; WHEREAS, on May 19, 2021, 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, 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 proposed development results in more multifamily residential and commercial development on a property that is vacant building in the downtown area. The proposed development will result in retail uses on the first floor and multifamily residential above and behind in a vertically-mixed building. The new construction will match the development pattern along East Main Street with a building that is pulled up to the front of the lot similar to existing downtown buildings. 2. The proposed use complies with the applicable use-specific standards in Section 16.03.3.2.3.I, subject to the conditions below. 1  3. The proposed use compliance with all other standards in the UDC shall be evaluated through the major site plan, the approval of which must be obtained prior to use of any units as short-term rentals. 4. The MU-MS zone 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 proposed use is consistent with the purpose of the MU-MS zone district as proposed. The individually- owned residential units, whether they are used for long-term residential or short-term rentals (under 30 days), plus the commercial uses will result in more vibrant downtown. 5. Impacts of the use on the surrounding neighborhood have been adequately minimized, subject to the condition imposed below. Specifically, because the applicants are seeking to have short-term rental use of 10 units, the need for overnight parking is greater than the code minimum requirement of five (5) off-street parking spaces for a 75-foot-wide lot. 6. The proposed short-term rental of individual residential units will not adversely impact the health, safety, and welfare of the Town, if the conditions are met with a final design at the time of the major site plan. Should the regulations for short-term rentals ever change in the future, the proposed short-term rentals will be subject to those requirements at that time. Section 2. The Planning and Zoning Commission hereby approves the Special Use Permit, subject to the following conditions: 1. The proposed use of the building is general retail on the first floor with large multifamily residential behind it and on the upper floors. General retail and large multifamily residential are uses by right in the MU-MS zone district. This SUP is granted for up to ten (10) short-term rental units within the residential portion of a mixed-use building. This SUP approval shall not be deemed to approve any other type of use in the building and any change in the use of the building must comply with the requirements of the Buena Vista Municipal Code in effect at the time of the change in use. 2. This SUP does not exempt the property from any regulations relating to short-term rental licensing or operation requirements required by the Town, as may be amended. All Short- term rentals shall comply with the requirements of the Town of Buena Vista Municipal Code in effect at the time of the operation as short-term rental use. 3. The proposed project is being developed as one mixed-use building on one lot. Prior to the development of the property, the owner shall combine the properties into one lot with a minor subdivision. The owner shall also obtain major site plan approval for the construction of the mixed-use building. Prior to the use of any units as a short-term rental, the individual units shall be subdivided with a condominium plat approved by the Town to create individual condominium ownership of the multifamily units. The applicants shall comply with the Town’s requirements for each of those subsequent applications in 2  effect at the time of their application submittals. This SUP shall not become effective until the owner has obtained Town approval of the minor subdivision, major site plan, and a condominium plat. 4. The property shall provide a minimum of one off-street parking space per short-term rental unit plus one additional handicapped off-street parking space to allow for overnight parking for any short-term rental unit. Overnight parking shall not be allowed on East Main Street. 5. The Owner shall instruct all future owners and tenants that overnight parking is not allowed on East Main Street in its sales and lease materials, and make it known that any vehicles parked overnight on East Main Street may be towed at the owner’s expense. 6. The Owner shall pay fees in lieu of school land dedication for each residential unit in effect at the time of building permit submittal for the residential use prior to the issuance of a building permit for the proposed development. 7. The Owner shall pay fees in lieu of park land dedication for each residential unit in effect at the time of subdivision prior to the recording the subdivision plat. 8. The Owner shall instruct all commercial tenants that they shall obtain and maintain business licenses for all businesses prior to and during their use on the Property. 9. The Owner shall instruct all commercial tenants that they must clear and maintain sidewalks abutting the property of snow and ice in accordance with the Town’s commercial snow removal requirements in effect. Section 3. The Special Use Permit shall be a covenant that runs with the land, provided that the special use permit shall expire and be deemed void if the owner has not obtained approval of the minor subdivision, major site plan, and a condominium plat within three years of the date of approval of this SUP. ADOPTED this ____ day of ________________, 2021. _________________, Chair ATTEST: _________________________ Paula Barnett, Town Clerk 3