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Planning and Zoning Commission - Packets

Regular Meeting

Buena Vista, CO · March 4, 2022

Agenda

Agenda

The Buena Vista Planning & Zoning Commission March 4, 2022 at 6:00 PM Virtual Meeting will be held via Zoom. 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. Conferencing Access Information: https://us02web.zoom.us/j/85826686080 Listen via phone at 1-720-707-2699 Meeting ID: 858 2668 6080 Passcode: BuenaVista AGENDA MEETING OF THE PLANNING & ZONING COMMISSION I. Call to Order II. Pledge of Allegiance III. Roll Call IV. Agenda Adoption V. Adoption of Minutes – February 16, 2022 and February 23, 2022 VI. Public Comment VII. New Business 1. Public Hearing – 124 Mill Street Requests by Joseph and Ashley Teipel for a Minor Subdivision and a Preliminary Condominium Plat to consolidate 4 lots into 2 lots and to create 4 condominium units in the MU-1 zone district for the property located at 124 Mill Street. VIII. Staff/Commission Interaction IX. Adjournment This Agenda was Posted at Buena Vista Town Hall, and www.buenavistaco.gov on March 1, 2022 Minutes of the Regular Meeting of the Buena Vista Planning and Zoning Commission February 16, 2022 CALL TO ORDER A regular meeting of the Planning and Zoning Commission was called to order at 7:00 pm, Wednesday, February 16, 2022 at the Community Center and via Zoom video conferencing by Chair Preston Larimer. Also present were Vice Chair Lynn Schultz-Writsel, Commissioners Blake Bennetts, Thomas Brown and Tony LaGreca. Members of the Chaffee County Planning Commission were also present. Staff Present: Planning Director Joseph Teipel, Principal Planner Mark Doering, Special Projects 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 Bennetts motioned to adopt the agenda as amended, Motion #1 seconded by Commissioner Thomas Brown. Motion carried. APPROVAL OF MINUTES Commissioner Schultz-Writsel motioned for approval of the December 15, 2021 minutes as presented. Motion #2 was seconded by Commissioner LaGreca. Motion carried. Commissioner Thomas Brown motioned for approval of January 20, 2022 as amended. PUBLIC COMMENT Public comments opened at 6:05 pm. With no comments, public comment was closed at 6:05 pm. NEW BUSINESS This was a joint meeting between the Planning and Zoning Commission of the Town of Buena Vista and the Chaffee County Planning Commission to discuss the County’s Intergovernmental Agreement (IGA). Doering led the discussion from the Town side. The Commissioners and staff agreed that there needs to be an outline on how the Town and County can communicate. There was discussion around the timing of the next joint meeting between the two commissions. It was agreed upon that the next meeting would take place late April or early May with the intent to get a common map of the areas of desired growth. Doering and Chaffee County Planning Manager Jon Roorda will coordinate the next joint meeting. STAFF / COMMISSION INTERACTION Doering discussed the recent land use code changes that were recommended to the Board of Trustees by the Planning and Zoning Commission. One was the Single-Room Occupancy use and the provision of short-term rentals (the Board wanted the short-term rental provision removed) and the changes to multifamily housing in the Highway-Commercial zone district (the Board wanted to remove the fourth story). Doering explained that there are some proposed changes to meeting dates and times for the first couple of weeks in March. Due to some issues with the public notice requirements, the public hearing for Teipel’s Minor Subdivision will not be able to occur during the February 23rd meeting. As a result, staff has proposed holding a special meeting for this public hearing, to take place at 6 pm on Friday, March 4th so that it can go to the Board on Tuesday, March 8th. This meeting would take place remotely via Zoom. The public hearing on February 23rd is still slated to take place to discuss the Special Use Permit. Commissioner Bennetts motioned to reschedule the meeting for March 2nd to Friday, March 4th to accommodate the public hearing for Teipel’s Minor Subdivision. Motion #3 was seconded by Commissioner LaGreca. Motion carried. ADJOURNMENT There being no further business to come before the Commission, Commissioner LaGreca motioned to adjourn the meeting at 8:03 p.m. Commissioner Schultz-Writsel seconded. Motion #4 was unanimously approved. Respectfully submitted: Preston Larimer, Chair Doug Tart, Planning Technician Minutes of the Regular Meeting of the Buena Vista Planning and Zoning Commission February 23, 2022 CALL TO ORDER A regular meeting of the Planning and Zoning Commission was called to order at 7:02 pm, Wednesday, February 23, 2022 at the Community Center and via Zoom video conferencing by Chair Preston Larimer. Also present were Vice Chair Lynn Schultz-Writsel, Commissioners Thomas Doumas (via Zoom), Craig Brown (via Zoom), Blake Bennetts, Thomas Brown and Tony LaGreca. Staff Present: Planning Director Joseph Teipel, Principal Planner Mark Doering, 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 amended, Motion #1 seconded by Commissioner Thomas LaGreca. Motion carried. APPROVAL OF MINUTES No minutes for tonight’s meeting. Minutes from the February 16th and February 23rd meetings will be included in the packet for the March 4th meeting. PUBLIC COMMENT Public comments opened at 7:03 pm. With no comments, public comment was closed at 7:03 pm. NEW BUSINESS This was a Public Hearing for a Site Plan and Special Use Permit for a small multifamily use for four dwelling units located at 124 Mill St. Doering explained that a member of the Town staff is the applicant (Teipel). As a result, based upon legal counsels’ opinion, this is not an administrative review and will be a public hearing. Next Friday evening, March 4th, is the public hearing for the minor subdivision portion of the application. Teipel presented his application to the Commission. Joy McGee, with the Town’s consultants – RG Engineering – did the presentation on behalf of the Town. McGee stated that the Site Plan review and approval is contingent on Special Use Permit approval. The Commission makes a final decision on the Special Use Permit while the Site Plan will be decided by the Board of Trustees, with a recommendation from the Commission. All standards for the MU-1 zone district are being met by the proposal for both the Special Use Permit and Site Plan and the Site Plan is consistent with the Comprehensive Plan. Staff asked the Planning and Zoning Commission to approve the Special Use Permit with the following four conditions: 1. The proposed use for purposes of this Special Use Permit is multi-family residential. Any changes to the proposed Special Use Permit would be subject to all Town regulations applicable at that time and any changes must be approved by the Town prior to being permitted on the property. Any expansion or enlargement of the special use will require a new application as detailed in the Unified Development Code (UDC). (§6.5.2. C.6.b). 2. The multi-family residential use shall be subject to UDC standards for site maintenance as well as compliance with the site plan and the Condominium plat notes, as approved. The Site Plan for the residential building shall be corrected for any building code requirements prior to a Certificate of Occupancy. All corrected drawings shall be digitally submitted to the Town for its records. 3. The Special Use Permit is subject to the civil plans and Public Improvement Agreement required for this development. Prior to Certificate of Occupancy, the public improvements along Alsina Street and Mill Street shall be installed, inspected, and preliminary accepted by the Town. 4. The Special Use Permit is subject to the site plan, subdivision plat, civil construction plans and public improvement agreement as ratified by the Town which addresses the MU-1 zone district standards for building design building height, parking, and service requirements, by Code. Trash screening, fencing, and lighting will meet code standards per the site plan for this development. 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 the certificate of occupancy. If any lighting issues are identified (glare, light spill, intensity, etc.), corrections will be required to minimize light pollution. Additionally, staff is asking the Planning and Zoning Commission to approve the Site Plan with the following four conditions: 1. A finding that the Planning and Zoning Commission has approved the Special Use Permit to allow the multi-family residential use as a basis for the Site Plan. 2. Any review comments by referral agencies that remain outstanding at the time of this recommendation shall be addressed prior to final approval of the Site Plan. 3. The Site Plan is subject to approval of a minor subdivision, the civil plans, and an approved public improvement agreement with the Town. Public improvements are required, including but not limited to roadways, sidewalks, street trees, stormwater infrastructure, and utilities. An approved preliminary condominium plat is required for the dwelling units be sold as individual dwelling units (condominiums). 4. Cash-in-lieu payments are required for this Site Plan following: • A park fee-in-lieu of dedication at the time of plat recordation. • A school fee-in-lieu will be required for each new residential unit at the time of building permit. • A fee-in-lieu of the dedication of water rights at the time of plat recordation. Commissioner LaGreca motioned for the Planning and Zoning Commission to Approve the Special Use Permit with the conditions presented by staff. Motion #2 seconded by Commissioner Doumas. Motion carried. Commissioner Schultz-Writsel motioned for the Planning and Zoning Commission to recommend Approval of the Minor Site Plan to the Board of Trustees with the conditions presented by staff. Motion #3 seconded by Commissioner LaGreca. Motion carried. STAFF / COMMISSION INTERACTION Teipel stated that the code consultants hired by the Town would be reaching out to some of the Commissioners, as well as several local developers, builders, realtors, etc. to get their input on efficiencies and inefficiencies with the current code in an effort to create more opportunities for affordable housing. Doering explained that the Board of Trustees heard two amendments to the land use code regarding single- room occupancy (SRO) uses as well as multifamily uses in the Highway-Commercial (H-C) zone district. Despite recommendation from the Planning and Zoning Commission, the Board of Trustees asked staff to remove the 4th story component of the multifamily use in the H-C zone district and approved the SRO use, but with the elimination of the short-term rental allowance component. Teipel state that the Board accepted the Stackhaus annexation application. The Board of Trustees public hearing for annexation and zoning will take place at the April 12th meeting. The Planning and Zoning Commission will have a public hearing for the zoning component of the annexation on March 16th. Staff will provide guidance as to what specifically is being reviewed and recommended for hearing. It was decided that to avoid confusion regarding meeting times and locations in the future, staff will send a reminder email the day prior to meeting. There will be a special meeting for a public hearing for the Teipel Minor Subdivision on Friday, March 4th at 6:00 pm via Zoom. The meeting packet will be issued by the end of day Tuesday, March 1st. The minutes from the February 16th and February 23rd meeting will be included in next week’s packet for approval at the March 4th meeting. ADJOURNMENT There being no further business to come before the Commission, Commissioner LaGreca motioned to adjourn the meeting at 8:33 p.m. Commissioner Schultz-Writsel seconded. Motion #4 was unanimously approved. Respectfully submitted: Preston Larimer, Chair Doug Tart, Planning Technician PLANNING AND ZONING COMMISSION STAFF REPORT MINOR SUBDIVISION AND CONDOMINIUM PLAT DATE: March 1, 2022 MEETING DATE: March 4, 2022 PROPERTY: Lots 12 – 15, Block 14, Loan’s Addition (NE corner of Mill and Alsina Streets) APPLICANT: Joseph and Ashley Teipel, property owner High Country Bank, lien holder REQUEST: A Minor Subdivision for the resubdivision of Lots 12-15 into Lots 16 and 17, Block 14, Loan’s Addition to the Town of Buena Vista Amendment No. 1. Prepared by John Curran, PLS and Tony Vazquez, P.E., Marcin Engineering LLC – revision date 2/16/2022 – 2 sheets) (*Public Improvement Agreement required) A Preliminary Condominium Plat Map for 4 residential condominiums located on Lot 17, Block 14 Loan’s Addition to the Town of Buena Vista Amendment No. 1. Prepared by Marcin Engineering LLC - revision date 2/28/2022 – 2 sheets) Prepared on behalf of the Town of Buena Vista THROUGH: Hoffmann, Parker, Wilson & Carberry, P.C. Jeff Parker, Esq. Town Attorney Kathryn Sellars, Esq. FROM: RG and Associates, LLC Joy McGee, AICP Consulting Planner Krystal Welp ___________________________ PROCESS OVERVIEW: Joseph and Ashley Teipel have applied for a Minor Subdivision to resubdivide their property at 124 Mill Street Buena Vista, CO, (generally located at the northeast corner of Alsina Street and Mill Street). The application includes a preliminary Condominium Plat Map to allow the air space of 4 residential units on one of those lots to be subdivided into condominiums. The applicant is a staff member for the Town of Buena Vista. Due to the status of the applicant as staff, all applications, which by code could be handled at the administrative level, are being referred to the Board of Trustees pursuant to the referral process in the Unified Development Code (UDC). Planning and Zoning Commission heard and approved the Special Use Permit for this development at a public hearing on February 23, 2022. At that same hearing, the Planning and Zoning Commission made a recommendation to the Board of Trustees to approve the Site Plan for the 4-unit small multifamily residential building in the MU-1 zone district. The Planning and Zoning Commission will review the Minor Subdivision Plat and Preliminary Condo Plat Map. The recommendations will be forwarded to the Board of Trustees (BoT) for final determination. The Site Plan, Minor Subdivision Plat, Preliminary Condo Plat, and a Public Improvement Agreement shall be Planning and Zoning Commission for March 4, 2022 Lots 12-15 of Block 14, Loan’s Addition Minor Subdivision and Preliminary Condominium Plat Map Joseph and Ashley Teipel Page 2 of 13 forwarded to the BoT for a final determination prior to recordation of the minor subdivision for the proposed two new lots. APPLICATION SUMMARY: The Town Administrator has referred the minor subdivision plat and preliminary condominium plat map applications to the Board of Trustees. Any application referred to the Board of Trustees shall first require a public hearing before the Planning and Zoning Commission to provide a recommendation to the Board of Trustees. 1. A Minor Subdivision (UDC 6.6.1.). A land subdivision to resubdivide the existing four (4) lots (Lots 12- 15) into two (2) new lots (Lots 16 and 17) The plat is required prior to issuance of permits to develop the proposed residential development subject to the Site Plan and Special Use Permit review. This subdivision (and development) will require public improvements. A Public Improvement Agreement (PIA) (UDC 5.4.1. and 6.6.1.C.3.b.i), including an Engineer’s Cost Estimate, shall be forwarded to the Board of Trustees for authorization (inclusive of the associated Construction Plans). The estimate, agreement, and amount of security will be considered by the Board of Trustees at a public meeting on March 8, 2022. 2. A Preliminary Condominium Plat (UDC 16.6.6.5. Condominiumization and §17-27-Condomiuiums – Supplemental submittal requirements). The project is proposed as a condominium development of Lot 17 to allow separate ownership of the air space of the four residential units proposed on the new lot. Lot 16 will remain as it exists with a single-family house with an accessory dwelling unit. A condominium owner does not purchase the land underneath the structure. The condominium owners have a designated percentage interest in all the common areas shared with the other condo owners (25% is established in the Condo Declarations) including all exterior elements designated as limited common elements (LLC) or general common elements (GCE) on the condominium plat. The Articles of Incorporation will establish the Alsina Street Condominium Owners Association for the ownership and maintenance. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission make a recommendation to the Board of Trustees to: 1. APPROVE the Minor Subdivision Plat titled Block 14 Loan’s Addition to the Town of Buena Vista Amendment No. 1; and 2. APPROVE the Preliminary Condominium Plat Map titled Alsina Condominiums Lot 17 Block 14 Loan’s Addition to the Town of Buena Vista Amendment No. 1: Subject to the following CONDITION: 1. Any remaining comments shall be addressed prior to final approval and recordation of the Minor Subdivision Plat. Planning and Zoning Commission for March 4, 2022 Lots 12-15 of Block 14, Loan’s Addition Minor Subdivision and Preliminary Condominium Plat Map Joseph and Ashley Teipel Page 3 of 13 FINDINGS: The staff recommendation to the Planning and Zoning Commission is based on the following findings: • The application is complete and complies with the Buena Vista Unified Development Code including §6.6.1. • The minor subdivision plat consists of 12,500 square feet (0.29 acres) and proposes to create two (2) lots. Lot 16 will contain the existing house and ADU. Lot 17 is proposed for future development of four multifamily units demonstrated with the Alsina Street 4-Plex Site Plan with Special Use Permit review. The Condominium Plat proposes four (4) units on Lot 17 and shall be processed as a minor subdivision. • Although the subdivision(s) are within the threshold for an Administrative Review (§16.6.6.1 Table 6.3) as Minor Subdivisions, the Town Administrator has referred the applications to the Planning and Zoning Commission for a recommendation prior to final decision by the Board of Trustees. • The property is zoned Mixed-Use One (MU-1) and the application is consistent with the underlying zoning district. • Property owners within 300 feet have been notified of this public meeting regarding the subdivision. • The property is within the Downtown context for public improvements as represented with the 2018 Context Map. Public improvements are required by the Developer. The Board of Trustees will review a Public Improvements Agreement per the Unified Development Code (UDC) (reference §6.6.1.C.3.b.i). • A check payable and tendered the Town of Buena Vista for the Open Space, Parks, and Trails dedication fee-in-lieu will be required and is due at the time of plat recordation. • A check payable to the Buena Vista School District and tendered to the Town of Buena Vista payable to the District for the Public School Site Dedication fee-in-lieu will be required for each new residential unit at the time of building permit. • A check payable to the Town of Buena Vista for a fee-in-lieu of dedication of water rights will be required and is due at the time of plat recordation. • Associated with this request, easements will be dedicated, and shared maintenance responsibilities identified: a. A sewer easement dedication across the northerly 10.0 feet of Lot 17 for the benefit of the owner of Lot 16 for purposes of construction, reconstruction, operation, and maintenance of a wastewater service pipeline conveying domestic wastewater generated from facilities on Lot 16 across Lot 17 to a public wastewater collection system. (Note 9 on the plat) b. A utility easement dedication across Lot 16 and Lot 17 for purposes of construction, reconstruction, operation, and maintenance of dry utility facilities by utility providers. (Note 8) c. A drainage easement across the westerly 3.0 feet of Lot 16 (except for the northerly 10.0 feet of Lot 16) will be dedicated to Lot 17 for the purposes of maintaining topography to facilitate the free drainage of Lot 17. (Note 10) d. The property owner(s) of the lots are responsible for the maintenance of all drainage facilities on the property and subject to the above referenced easement notes. (Note 5) Planning and Zoning Commission for March 4, 2022 Lots 12-15 of Block 14, Loan’s Addition Minor Subdivision and Preliminary Condominium Plat Map Joseph and Ashley Teipel Page 4 of 13 ATTACHMENTS TO THE REPORT: Attachment A – Vicinity and Zoning Map Attachment B – Public Hearing Notification Attachment C – Minor Subdivision Plat Attachment D – Preliminary Condominium Plat Attachment E – Construction Plans (available on request) 1. SUMMARY OF REQUEST Joseph and Ashley Teipel have applied for a Minor Subdivision and Preliminary Condominium Plat. The Minor Subdivision allows for the lots known as Lots 12-15, Block 14 Loan’s Addition, to be resubdivided into two new lots (Lots 16 and 17). The new lots are described as Lot 16 (0.2 acres) and Lot 17 (0.09 acres), Block 14 Loan’s Addition to the Town of Buena Vista Amendment No. 1. The proposed lots exceed the minimum lot width of 25 feet for Mixed-Use One (MU-1) (Lot 16 is 86’ x 39’ and Lot 17 is 86’x 100’ more or less). The plat will dedicate easements including a 10’-wide sewer easement on the northern property line for the use of the owner of Lot 16 for the operation, maintenance, renewal, and replacement of a wastewater service line. It will also dedicate a utility easement and a drainage easement for the use of Lot 17. The subdivision of the four (4) proposed residential units into condominiums units requires the preliminary condominium plat map. The existing residential land use is consistent with the permitted uses in the MU-1 zone district (Table 3.1, Sec. 16.3.1.4). The proposed multi-family use is subject to the Site Plan with a Special Use Permit. Development of the property is subject to • Approval and recordation of a Public Improvement Agreement, • Approval and recordation of the Minor Subdivision Plat, and • A pre-construction meeting with the Town upon building permit approval. 2. HISTORY AND BACKGROUND Current title work reviewed for the subject property to confirm: • The ownership and authority to process the application, • The legal description used in the chain of title for the property, and • To review title exceptions (schedule B-II). The area subject to these plats (owned by Joseph and Ashley Teipel and addressed as 124 Mill Street Buena Vista, CO is currently described by the Chaffee County Assessor records as: LOTS 12 THRU 15 BLK 14 LOAN’S ADDITION Planning and Zoning Commission for March 4, 2022 Lots 12-15 of Block 14, Loan’s Addition Minor Subdivision and Preliminary Condominium Plat Map Joseph and Ashley Teipel Page 5 of 13 3. PROCESS The Minor Subdivision Plat application as submitted is subject to Section 6.6.1. of the Town of Buena Vista Unified Development Code (UDC). The Preliminary Condominium Plat application shall be processed in the same manner as the minor subdivision and subject to §6.6.5. The Town Administrator has referred all related applications to this case (the minor subdivision application and preliminary condominium plat application) to the Planning and Zoning Commission for a public hearing and recommendation to the Board of Trustees. The public improvements agreement (inclusive of the associated Construction Plans, Engineer’s Cost Estimate, and amount of security) will be reviewed by the Board of Trustees at a public hearing on March 8, 2022. The agreement shall be authorized to be executed prior to final approval of the Minor Site Plan, recordation of the Minor Subdivision, and Staff’s issuance of building permit(s). 4. ZONING AND LAND USE The subject property is zoned as Mixed-Use One (MU-1). The adjacent properties are zoned as noted in the table below: North South West East MU-1 Adjacent Zoning MU-1 R-2 OT H-C (Airport Overlay) Designation 301 Alsina Street 202 Mill Street 112 Mill Street 129 Mill Street Sunrise Manor Storage Units Adjacent Land Residential - Residential Residential Commercial Use Apartments SITE Planning and Zoning Commission for March 4, 2022 Lots 12-15 of Block 14, Loan’s Addition Minor Subdivision and Preliminary Condominium Plat Map Joseph and Ashley Teipel Page 6 of 13 5. ANALYSIS – A. Minor Subdivision §6.6.1.C.3.c. of the Buena Vista Unified Development Code (UDC) provides specific review criteria for the Planning and Zoning Commission to review and approve a Minor Subdivision Plat if it meets all the criteria. Each specific criterion is listed in bold text, followed by staff’s analysis for each in standard text. i. It is consistent with the intent of the underlying zoning district. The property is zoned Mixed-Use One (MU-1). The MU-1 District is primary for low- to medium- residential, retail, cultural, entertainment, and office uses that maintain an active street presence. The proposed use of this property meets these requirements. Cash-in-lieu payments are required for the following: • A park fee-in-lieu of dedication at the time of plat recordation. • A school fee-in-lieu will be required for each new residential unit at the time of building permit. • A fee-in-lieu of the dedication of water rights at the time of plat recordation. ii. It complies with applicable dimensional, development, and design standards in this UDC. The proposed two lots comply with the dimensional and development standards listed in the UDC. iii. It does not affect a recorded easement without approval from the easement holder. There is an off-site 20’-wide existing sanitary sewer easement across the property to the northern (Sunrise Manor – Lots 1-11 Block 14). The easement currently benefits lots 12-15. This easement is disclosed in the title for the subject property and will be vacated via separate document upon relocation and abandonment of the service line. The easement vacation will be a condition of Certificate of Occupancy for development on Lot 17. New easements will be dedicated with this plat. iv. It will not limit the Town's ability to provide adequate and sufficient facilities or services, 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. The proposed lot configuration does not limit the Town’s ability to provide adequate facilities or services. • The Town can provide water services to the property via a 6” water main in Alsina Street. Future taps and services lines are approved to connect at this location and are to be coordinated with the Town of Buena Vista Public Works Department. • Buena Vista Sanitation District can provide wastewater management services to the proposed lots. A 10’-wide easement was added across the northern portion Lot 17 for the use of the owner of Lot 16 for the construction, reconstruction, operation, and maintenance of a wastewater service line. • A utility easement is provided for the construction, reconstruction, operation, and maintenance of dry utilities by utility providers. • The properties lie outside the regulated floodplain. Planning and Zoning Commission for March 4, 2022 Lots 12-15 of Block 14, Loan’s Addition Minor Subdivision and Preliminary Condominium Plat Map Joseph and Ashley Teipel Page 7 of 13 ANALYSIS (continued) B. Condominium Plat UDC 16 §6.6.5. of the Buena Vista Unified Development Code (UDC) provides the approval criteria for a Condominium review. The proposed condominiumization shall meet the approval criteria for the Minor Subdivision (discussed above) and confirm that the applicant has provided adequate documentation for compliance with the standards and terms of the Condominium Common Interest Ownership Act (CCIOA). In addition to the UDC Chapter 16 requirements and findings consistent with the Minor Subdivision, all condominium applications are subject to compliance with the regulations cited in §17-27 - Condominiums – Supplemental requirements. The submittal includes Articles of Incorporation and condominium declarations. The title commitment, civil construction plans, referral correspondence and noticing are incorporated in the acknowledgment that the submittal requirements for the Condominium plat map were met. The applicant shall comply with the post-decision requirements that after buildings have been constructed, final as-built surveys will be completed. The applicant shall submit an amended condominium plat showing graphically and dimensionally the subdivision of buildings into volumetric spaces and the relationship of these spaces with the boundaries of the site. No individual condominium unit shall be sold into separate ownership until and unless a final condominium plat has been approved by the Town and the amended final plat subject to as-built surveyed conditions has been recorded with the Chaffee County Clerk and Recorder. 6. DEVELOPMENT REVIEW REFERRAL This application was submitted to the Town of Buena Vista, Chaffee County, and affiliated review agencies, including all public utilities serving the site. All comments were addressed through the staff review process. Referral Agencies: Atmos Energy Buena Vista Public Works Department Buena Vista Sanitation District Buena Vista School District RE-31 Buena Vista Town Attorney Buena Vista Town Engineering Consultant Buena Vista Town Planning Consultant Buena Vista Water Clerk Chaffee County Building Department Chaffee County Fire Protection District Charter Communications Colorado Central Telcom Lumen (formerly Century Link) Sangre de Cristo Electric Association (SDCEA) Planning and Zoning Commission for March 4, 2022 Lots 12-15 of Block 14, Loan’s Addition Minor Subdivision and Preliminary Condominium Plat Map Joseph and Ashley Teipel Page 8 of 13 7. CONCLUSIONS AND RECOMMENDATION Town Staff, represented by RG and Associates, LLC (RGA), recommends that the Planning and Zoning Commission find that: 1. The applicant has requested approval of: a. A Minor Subdivision to resubdivide four (4) lots into two (2) new lots, and b. A Preliminary Condominium Plat Map to subdivide the small multi-family building into four (4) condominium units on one lot. 2. The requests were reviewed by the appropriate referral agencies for their review and (most) comments have been addressed; and 3. Notice was sent to adjacent property owners regarding this public hearing; and 4. The application is consistent with the applicable standards for a Minor Subdivision and generally consistent with a Condominium Plat map. Based upon the information and materials provided by the applicant and included by reference in this staff report, Staff supports the requested Minor Subdivision and Preliminary Condominium Plat. On behalf of the Town of Buena Vista, RG and Associates, LLC recommends that the Planning and Zoning Commission approve with conditions the Block 14 Loan’s Addition to the Town of Buena Vista Amendment No. 1 Minor Subdivision Plat and the Alsina Condominiums Preliminary Condominium Plat Map based on the finding that the Minor Subdivision Plat and the Preliminary Condominium Plat Map applications comply with the Buena Vista Unified Development Code §6.6.1, §6.6.5, §17-27 and 17-36 - 17-37 regarding development plan standards. THEREFORE The Planning and Zoning Commission accepts the conclusions and recommendations for a. Block 14 Loan’s Addition to the Town of Buena Vista Amendment No. 1, a Minor Subdivision Plat, and b. Alsina Condominiums, a Preliminary Condominium Plat Map as presented in this staff report, and forwards a recommendation to the Board of Trustees for APPROVAL with the following condition: 1. Any remaining review comments shall be addressed prior to final approval for the Minor Subdivision Plat. Planning and Zoning Commission for March 4, 2022 Lots 12-15 of Block 14, Loan’s Addition Minor Subdivision and Preliminary Condominium Plat Map Joseph and Ashley Teipel Page 9 of 13 Attachment A – Vicinity and Zoning Maps SITE NORTH Planning and Zoning Commission for March 4, 2022 Lots 12-15 of Block 14, Loan’s Addition Minor Subdivision and Preliminary Condominium Plat Map Joseph and Ashley Teipel Page 10 of 13 Attachment B – Public Hearing Notification Planning and Zoning Commission for March 4, 2022 Lots 12-15 of Block 14, Loan’s Addition Minor Subdivision and Preliminary Condominium Plat Map Joseph and Ashley Teipel Page 11 of 13 Attachment C – Block 14 Amendment No. 1 to the Town of Buena Vista Loan’s Addition Minor Subdivision Plat A resubdivision of Lot 12 thru 15, Block 14 Loan’s Addition 2 sheets – rev date 2/16/2022 Planning and Zoning Commission for March 4, 2022 Lots 12-15 of Block 14, Loan’s Addition Minor Subdivision and Preliminary Condominium Plat Map Joseph and Ashley Teipel Page 12 of 13 Attachment D – ALSINA CONDOMINIUMS PRELIMINARY CONDOMINIUM PLAT MAP – 2 SHEETS, REVISION DATE 2/28/22 Planning and Zoning Commission for March 4, 2022 Lots 12-15 of Block 14, Loan’s Addition Minor Subdivision and Preliminary Condominium Plat Map Joseph and Ashley Teipel Page 13 of 13 Attachment E – Alsina Street 4-Plex Construction Plans 10 sheets - Revision Date 2/16/22 Documents available for review Town of Buena Vista Planning Offices w/ Engineer’s Opinion of Probable Costs

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