Planning and Zoning Commission - Packets

The Buena Vista Planning & Zoning Commission May 17th, 2023 at 7:00 PM Commission Members and Staff will meet at the Community Center. The public is encouraged to join the meeting virtually via Zoom. The public can join the meeting using the Zoom information below. To participate in Public Comment and/or Public Hearings you may connect to the video conference. Conferencing Access Information: https://us02web.zoom.us/j/83656631933 Listen via phone at 1-719-359-4580 Meeting ID: 836 5663 1933 Passcode: BuenaVista 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 – May 3rd, 2023 VI. Public Comment VII. New Business 1. Public Hearing CANCELLED – A public hearing to address seasonal camping in the H-C zone district has been cancelled. 2. Public Hearing – A Special Use Permit for the “Hotels, motels, and other forms of public lodging and boarding” use at 418 E. Main St. 3. Public Hearing – A Special Use Permit for the “Hotels, motels, and other forms of public lodging and boarding” use at 426 E. Main St. VIII. Staff/Commission Interaction IX. Adjournment  Minutes of the Regular Meeting of the Buena Vista Planning and Zoning Commission May 3rd, 2023 CALL TO ORDER A meeting of the Planning and Zoning Commission was called to order at 7:00 p.m., on Wednesday, May 3rd 2023, at the Community Center by Commission Chair Preston Larimer. Also present were commissioners Tom Brown, Craig Brown, Blake Bennetts (joined after roll call), Tony LaGreca, and Vice Chair Schultz Writsel (via Zoom.) Staff Present: Planning Technician Chase McCutcheon, Planner II Doug Tart, Planning Director Joseph Teipel. PLEDGE OF ALLEGIANCE Commissioner Larimer led in the Pledge of Allegiance. ROLL CALL Tart proceeded with the roll call and declared a quorum. AGENDA ADOPTION Commissioner Larimer called for approval of the agenda. Commissioner Tom Brown motioned to adopt the agenda as amended and was seconded by Commissioner LaGreca. Motion #1 passed. APPROVAL OF MINUTES Commissioner Larimer motioned to approve meeting minutes from April 5th, 2023, as amended. Commissioner Craig Brown seconded. Motion #2 was unanimously approved. PUBLIC COMMENT Public comment was opened at 7:05 p.m. With no comments, public comment was closed at 7:05 p.m. NEW BUSINESS Commissioner Larimer moved on to new business and opened the public hearing for the preliminary plat for the Crossing. Teipel clarified the difference between the two motions that will be included in the hearing and the steps that are to be taken for each item. The two items are the rezoning then preliminary plat. Teipel then turned the meeting over to Paul Andrews. Andrews introduced his team and gave a background of the Crossing and what the development’s mission, summed up as a housing development that is affordable for local residents through working with the Chaffee Housing Trust. Andrews then summarized the development steps that the Crossing will undergo, including when affordable, deed restricted housing and apartments for lower income residents around Town. The dense community’s goal is to provide obtainable housing in the $300,000 to $400,000 price range. Andrews then explained how Community Land Trusts function and how it will provide obtainable prices to help solve the local housing crisis. He then explained that the first phase will at best break even, but the investment will be returned with the higher priced houses in later phases. Andrews explained that the development team has applied for State grants and federal and state loans to help subsidize affordable housing in the beginning phases. He then moved to commercial projects, and how with the current state of the economy, it is not feasible to pursue that section on the project as of this point in time. Andrews stated that up to 50% of the houses in this development will be classified as affordable. If the grants and alternative funding do not come through, then the amount allocated as affordable could drop to 25%. This is still double what counties like Boulder County are requiring from builders. Water allocation is being requested to be approved for all 120 lots in the development. Andrews referred to the traffic plan and how it will not overall affect the traffic plan, and that the ultimate addition of a light on US24 will help mitigate traffic. Teipel then proceeded with the staff presentation on the Crossing Subdivision, starting first with the rezoning. Teipel gave a history of the Crossman subdivision that the Crossing development team purchased in 2022, and plan to build on. The applicant is asking for rezoning portions of the land that they are planning to build on from R2-OT to R-3. He then summarized the rezone process, and how the current public hearing fit into the process. Teipel then explained the public noticing procedure that the Town underwent to notice for the Planning and Zoning Commission hearing tonight. After showing the proposed addressing that the lots on the proposed preliminary plat, Teipel pointed out the lots that are being requested to be rezoned from R2-OT to R-3. Teipel then summarized the various affordable housing percentages that the development would commit to based on how much grant funding they would receive. Teipel listed out the rezoning criteria requirements and how the zoning change in question is consistent with the requirements. Teipel stated that Staff believes that the master plan will not create significant adverse impacts and will create a smooth transition in the community. Teipel then moved on to the second item, the approval of a preliminary plat of Blocks 7, 11 and 12 of the Crossman’s addition. Teipel showed how this request also follows the procedures of the preliminary plat major subdivision process, and how the master plan aligns with the comprehensive plan of the Town of Buena Vista and the preliminary plat criteria. Regarding water, Teipel noted how it has been a hot topic as of late, and how the Town carved up the available water rights into allocated buckets. He also noted that water is not dedicated until the final plat. If grant funding is awarded, then more water will come from the affordable housing bucket. If the grant funding is not awarded, then water is still available, it will just need to come from multiple other allocated categories. Teipel noted that staff recommends that extra signage to discourage road traffic to go through the development to Teal Run, which the development’s roads will connect to. With that, Teipel turned the conversation of to Commissioner Larimer to discuss the items among the other commissioners. Commissioner Larimer then opened the meeting to public comment at 8:05 pm. Public Comment: Lee Fredrick 30035 Teal Run - Very supportive of this project. Is aware that sometimes the answer is no. As a board member of the HOA and speaking as an individual, the access points, it creates issues for those living in the Teal Run HOA. Concerned about kids around unsupervised, and the insurance risk that comes with these issues. Also concerned about the increased maintenance of Teal Run, a private road. Filip Geeraert 29734 Teal Run  - Geereart brought to question the ownership of Teal Run, and that the HOA would own from the dam road onwards and stated a legal answer is needed on who owns the land between the ice lake and Crossing Development. - Access routes, called the sheriff, he informed Filip that there are only two needed. Does not understand how the proposed eight access routes. - What does the dedication mean for Teal Run? The homeowners in the HOA take full fiscal responsibility. - In the September meeting, the developer noted that he wanted to use Teal Run as a parking lot. Make sure there is not a parking lot on Teal Run. - Green spaces. It would be nice to have a green privacy fence between the development and Teal Run. Phil Deluca 438 Crossman - Live there since November of 1962. Concerned about type of growth. Thinks we are losing the flavor of this town. The water infrastructure concern, with only one coming down Main Street, and is worried about what would happen if that water main was damaged. Has seen a lot of changed and is concerned about the type of growth that is happening. Philip Puckett 30016 ty 353 - Resident of Lakeside HOA, applaud Paul with their endeavor to create the Crossing creation process. Exciting to see something of quality if it is developed. Want to encourage if and as this project continues. The last couple of pages of the packet highlights the concerns of the HOA on Teal Run. It is a dedicated Right of Way, but is fully paid for by the two HOAs that are surrounding Ice Lake. The HOA’s proposal was to look at the connection points and request that the connection points are given up. Even though it has been platted since the 1990s, the area has changed and so have the conditions. The connections at Lincoln and Grant proposed issues. There is legitimate about Lincoln especially, since the dam road would look like easy access to the lake, which creates a liability to the HOA. Public parking on Teal Run is also desired not to be seen. - If the commission is to proceed in keeping these access points onto Teal Run, the Teal Run from Crossman to the access points must be included in the PIA and updated to Town standards. Robert Krenz –29936 CR 371 - Support of development. Looking to find a place to buy a house. If these places are not approved, then the working class will not be able to stay, and Buena Vista will just be a tourist Town. Public comment closed at 8:26 pm Commissioner Larimer proceeded with discussing the rezoning item of the public hearing. Larimer then requested the commissioners discuss the criteria and conditions that are to be involved with the approval. Commissioner Bennetts stated he is in favor of the rezoning. Commissioner Craig Brown noted that he is in favor as well. Commissioner Larimer noted that he is concerned about creating a patch-work zoning area. Teipel stated he believes the “spot-zoning” is in line with the sketch plan, which shows greater densities moving eastwards. Commissioner Bennetts noted that it creates a buffer for properties on the West side of the highway. Commissioner LaGreca noted it is achieving the goals of the sketch plan where they are needed. Commissioner Craig Brown noted that the mixed-use housing areas are much more interesting to live in than the same kinds of houses with one style taking up an area. Commissioner Larimer asked if water and sewer needed to be resized in areas for the development. Teipel noted that a looped water main would support the proposed buildout, and the section past Pleasant Avenue on Crossman would need to be resized eventually. LaGreca motioned to recommend approval of the rezoning to the Board of Trustees. Commissioner Craig Brown seconded. Motion #3 unanimously was approved via a roll call vote. Teipel noted that there is no emergency service that needs more than two entrances. Commissioner Larimer asked Andrews to explain his logic in having eight access points. Andrews noted that from a general planning standard, the more access that is available, the better. The lack of access on Teal Run would restrict circulation and give a feeling of being trapped. Commissioner Bennetts noted that if they got rid of the access points to Teal Run, that they would gain two more lots. Commissioner Tom Brown stated that there is a safety risk that could be mitigated by removing the access points. Andrews confirmed that there are no properties within the Crossing development that have driveways leading on to Teal Run. Commissioner Craig Brown asked about the previously mentioned potential of paving the accessed portion of Teal Run. Andrews confirmed that it would be their intention to pave Teal Run when appropriate. Commissioner Tom Brown asked if Teal Run is to be annexed into Town Limits. Teipel responded that it has the potential to require annexation. Teipel also noted that ownership of Teal Run would need to be resolved prior to the final plat, and potential public improvements may need to be included as well. Commissioner Larimer mentioned concern about the private land to the West. Andrews stated the possibility could be considered, even though it wasn’t a direction they were wanting to go in. LaGreca asked if there are any public utilities that go down Teal Run. Commissioner Tom Brown asked how reliant the development is on the DOLA grant. Andrews responded that it would not stop the development, but it would be severely slowed down. Commissioner LaGreca motioned to recommend to the board approval of preliminary plat as presented with staff conditions and an additional condition that ownership of Teal Run be resolved prior to Final Plat. Commissioner Craig Brown seconded. Motioned #4 Vote approved four to one via a roll call vote, Commissioner Bennetts opposed. STAFF / COMMISSION INTERACTION Commissioner Larimer opened for Staff / Commission Interaction at 9:10. Teipel noted that this is his last meeting as Planning Director for the Town of Buena Vista. Tart noted that May 17th will be his last meeting with the Town of Buena Vista. Commissioner LaGreca noted that he nominated himself to be a conduit between the Planning Commission and the Water Board. Teipel noted that the only major legal issue that would arise is that any information gathered would need to be presented to all commissioners. LaGreca agreed that opinions from the Water Advisory Board need to be relayed officially by staff. ADJOURNMENT There being no further business, Commissioner LaGreca motioned to adjourn the meeting at 9:35 p.m. Commissioner Craig Brown seconded. Motion #5 was unanimously approved. Respectfully submitted: Preston Larimer, Chair Chase McCutcheon, Planning Technician DATE: May 12, 2023 HEARING DATE: May 17, 2023 TO: Planning and Zoning Commission FROM: Doug Tart, Planner II AGENDA ITEM: A request by Evan and Anna Winger for Special Use Permit for the “Hotels, motels, and other forms of public lodging and boarding” use for 3 lodging units located at 418 E. Main St. Staff Recommendation That the Planning and Zoning Commission approve the proposed Special Use Permit for the “Hotels, motels, and other forms of public lodging and boarding” use for 3 lodging units in the MU-MS zone district located at 418 E. Main St. with the following conditions: Special Use Permit: 1. The Owner shall instruct all visitors and tenants that overnight parking is not allowed on East Main Street in its rental materials, and make its tenants known that any vehicles parked overnight on East Main Street may be towed at the owner’s expenses. 2. The Owner shall obtain a business license prior to and during its use as lodging units. Attachments to the Report: Attachment A – Vicinity Map Attachment B – Zoning Map Attachment C – Site Plan, Floor Plans, Elevations Attachment D – Draft Resolution I. SUMMARY OF REQUEST The applicants, Evan and Anna Winger, have submitted a Special Use Permit application for 3 lodging units in the Buena Viking building located at 418 E. Main St. The 3 units are on the 2nd and 3rd floor above the new location for the Buena Viking restaurant. II. HISTORY AND BACKGROUND A Minor Site Plan Application was submitted in January 2022 by Evan and Anna Winger for the construction of a 3,059 square foot mixed-use building with a restaurant on the ground floor and 3 full amenity lodging units on the second (2 units) and third floors (1 unit).  May 17, 2023 418 E. Main Street Page 2 The Site Plan was approved administratively on June 13, 2022. Approval and development of the lot was subject to approval, recordation, installation, and approval of public improvements as specified in the Public Improvements Agreement. Use of the lodging units is subject to obtaining (and the annual renewal of) a separate Town of Buena Vista business license. III. PROCESS – REQUIRED APPROVALS The applicant submitted a Special Use Permit (SUP) application for the “Hotels, motels, and other forms of public lodging and boarding” use as specified in Section 16-6.5.2. of the Town of Buena Vista Unified Development Code (UDC). Staff has reviewed the SUP application and is recommending approval by the Planning and Zoning Commission. Special Use Permit approvals are decided by the Planning and Zoning Commission via public hearing. IV. ANALYSIS – ZONING AND LAND USE North South West East Adjacent MU-2 MU-MS MU-MS MU-MS Zoning Designation Adjacent Land Use Single-Family Commercial Commercial Commercial Residential See Attachment A - Vicinity Map, Attachment B - Zoning Map, Attachment C – Site Plan, Floor Plan, & Elevations V. ANALYSIS – SPECIAL USE PERMIT CRITERIA Section 16-6.5.2. of the Buena Vista Municipal Code provides specific review criteria for a SUP. Each criterion is shown below in bold text and staff’s analysis follows each criterion in standard text. I.) The proposed use is consistent with the Comprehensive Plan and the purposes of the UDC. Developing the Economy: • Goal #2: Buena Vista will support and expand the role of tourism and tourist-related business in the local economy. o Policy: Buena Vista will attempt to attract and support businesses with the potential to increase tourism activity during the shoulder or winter seasons.  This building offers a unique variation of upscale lodging opportunities on East Main Street, with a penthouse on the third floor, and 2 smaller studios on the 2nd floor. This provides pedestrian access for tourists to all local businesses on East Main Street as well as the Town’s Whitewater Park, Barbara Whipple Trail System, Bike Park, and Dog Park. • Goal #4: Buena Vista will support the continuing development of businesses that provide products and services for day-to-day shopping needs.  May 17, 2023 418 E. Main Street Page 3 o Policy: Development should generally pay its own way, except for particularly desired affordable housing, commercial, infill, or connectivity improvements. • Development of this property required public improvements, at the cost of the applicant, for alley improvements and replacement of public infrastructure related to installation of utilities. o Policy: Buena Vista will participate in efforts to revitalize East Main Street. o Policy: Promote tourist use of the historic downtown by directing pass through traffic from Highway 24 to East Main Street. • With the addition of lodging units on E. Main St., tourists will be drawn from Highway 24 to their lodging on E. Main St. as opposed to adjacent residential areas (STR’s) or along the Highway 24 corridor. Housing: Accessible, Affordable, and Aesthetic: • Goal 5: Prevent potential displacement of resident housing by tourism uses. o Policy: Housing opportunities, and particularly affordable housing, should not be displaced by tourist rentals.  By focusing on keeping lodging opportunities on E. Main St., impacts to housing stock in residential areas within Town are minimized. Lodging should primarily occur in the mixed-use and commercial districts, not in Town’s residential zone districts. II) The proposed use complies with applicable use-specific standards. The UDC does not currently have any use-specific standards for the “Hotels, motels, and other forms of public lodging and boarding” use. The definition, as defined in UDC Section 16.7.2, is as follows: “A nonresidential structure, or portion thereof, in which at least one (1) habitable space is made available to paying guests for thirty (30) consecutive days or less; provided that two (2) or more cabins or similar structures on a single parcel or under common ownership on adjacent parcels, that are designed, intended, or available for occupancy for thirty (30) consecutive days or less shall be considered hotels or motels.” These units were not designed, intended, or available for use as residential dwellings. Throughout the Site Plan review process, the intent was always for them to be used for short-term lodging under 30 consecutive days. Therefore, staff feels that it meets the use as defined in the UDC. III) The proposed use complies with all other standards in this UDC. The development and use of this building underwent a comprehensive Minor Site Plan review to ensure compliance with all standards of the UDC and was administratively approved in June 2022. The “Hotels, motels, and other forms of public lodging and boarding” use requires a Special Use Permit in the MU-MS zone district. The MU-MS district is intended to maintain a vibrant downtown with shopping opportunities, offices, entertainment, lodging, and civic uses.  May 17, 2023 418 E. Main Street Page 4 IV) The proposed use is consistent with the purpose statement of the underlying zoning district. The purpose of the MU-MS district is intended to allow for a vertical or horizontal mix of residential and commercial land uses except single-family dwellings along East Main Street in downtown Buena Vista, and other "main street" developments throughout the Town. The district is intended to maintain a vibrant downtown with shopping opportunities, offices, entertainment, lodging, and civic uses. The MU-MS district is intended for predominantly vertical mixed-use (commercial on first floor and other commercial or residential above), with occasional horizontal mixed-use. The MU-MS district places an emphasis on an active street presence with appropriate character and form. V) Impacts of the use on the surrounding neighborhood have been adequately minimized. The building meets the parking requirements as specified in UDC Section 16.4.3.4, using both off-street parking (accessible from the alley) and bike parking fronting E. Main St. Additional overnight parking is permitted in the Railroad right-of-way, approximately 800’ to the west. Noise ordinances are enforced under Section 7-163. The property owner will be required to include quiet hours information in each lodging unit. VI) The proposed use does not adversely impact the public health, safety, and welfare of the Town. The proposed use will not adversely impact the public’s health, safety, and welfare. The owner will be required to maintain the public portion of the property frontage and comply with the snow removal requirements listed in the Municipal Code. VII. CONCLUSION AND RECOMMENDATION Based upon the information and materials provided by the applicant and in the staff report, staff supports the Special Use Permit application for the “Hotels, motels, and other forms of public lodging and boarding” use at 418 East Main Street. Therefore, staff recommends that the Planning and Zoning Commission approve the SUP with the conditions listed in this staff report. 1. Applicant has requested approval of a Special Use Permit to allow for the “Hotels, motels, and other forms of public lodging and boarding” use in the MU-MS zone district. 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 is consistent with the Comprehensive Plan 4. The application is consistent with the applicable standards for a Special Use Permit.  May 17, 2023 418 E. Main Street Page 5 THEREFORE A. If the Planning and Zoning Commission accepts the conclusion and recommendation as presented in the staff report, it should APPROVE the Special Use Permit in the MU-MS Zoning District for the “Hotels, motels, and other forms of public lodging and boarding use” located at 418 E. Main Street with the following conditions: 1. The Owner shall instruct all visitors and tenants that overnight parking is not allowed on East Main Street in its rental materials, and make its tenants known that any vehicles parked overnight on East Main Street may be towed at the owner’s expenses. 2. The Owner shall obtain and maintain both a business license prior to and during its use as lodging units.  May 17, 2023 418 E. Main Street Page 6 Attachment A - Vicinity Map Attachment B – Zoning Map  May 17, 2023 418 E. Main Street Page 7 Attachment C – Site Plan, Floor Plan, Elevations  May 17, 2023 418 E. Main Street Page 8  May 17, 2023 418 E. Main Street Page 9  May 17, 2023 418 E. Main Street Page 10 Attachment D – Draft Resolution (See Attached)  TOWN OF BUENA VISTA PLANNING COMMISSION RESOLUTION NO. __ SERIES 2023 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION FOR THE TOWN OF BUENA VISTA, COLORADO, CONDITIONALLY APPROVING A SPECIAL USE PERMIT FOR THE HOTELS, MOTELS, AND OTHER FORMS OF PUBLIC LODGING AND BOARDING USE LOCATED ON PROPERTY MORE SPECIFICALLY DESCRIBED AS LOT 11, BLOCK 3, TOWN OF BUENA VISTA (418 EAST MAIN STREET). WHEREAS, KOS LLC (“Owner”) owns the property described as Lot 11, Block 3, 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, Hotels, motels, and other forms of public lodging and boarding require a special use permit; WHEREAS, Evan and Anna Winger (the “Applicant”) filed an application, on behalf of the Owner, for a special use permit to allow the Hotel, motel, and other forms of public lodging and boarding use for three (3) lodging units to be located on the Property; WHEREAS, on May 17, 2023, 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. Subject to the conditions imposed herein, the proposed use is consistent with the Comprehensive Plan and the purpose of the UDC. The proposed development provides a lodging opportunity along East Main Street. 2. The proposed use complies with the applicable use-specific standards in Section 16.03.3.2.3.I, subject to the conditions below. 3. The proposed use compliance with all other standards in the UDC shall be evaluated through the Special Use Permit, the approval of which must be obtained prior to use of the property for the hotels, motels, and other forms of public lodging and boarding use. 4. The MU-MS zone district is intended to allow for a vertical or horizontal mix of 1  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 units, used for 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 conditions imposed below. 6. The proposed lodging use of a mixed-use building will not adversely impact the health, safety, and welfare of the Town, if the conditions are met. Section 2. The Planning and Zoning Commission hereby approves the Special Use Permit, subject to the following conditions: 1. The Owner shall instruct all visitors and tenants that overnight parking is not allowed on East Main Street in its rental materials, and make its tenants known that any vehicles parked overnight on East Main Street may be towed at the owner’s expenses. 2. The Owner shall obtain and maintain a business license prior to and during its use as a public lodging. Section 3. The Special Use Permit shall be a covenant that runs with the land. ADOPTED this ____ day of ________________, 2023. Preston Larimer, Chair ATTEST: _________________________ Paula Barnett, Town Clerk 2 DATE: May 12, 2023 HEARING DATE: May 17, 2023 TO: Planning and Zoning Commission FROM: Doug Tart, Planner II AGENDA ITEM: A request by Brad and Megan Kingman for Special Use Permit for the “Hotels, motels, and other forms of public lodging and boarding” use for 4 lodging units located at 426 E. Main St. Staff Recommendation That the Planning and Zoning Commission approve the proposed Special Use Permit for the “Hotels, motels, and other forms of public lodging and boarding” use for 4 lodging units in the MU-MS zone district located at 426 E. Main St. with the following conditions: Special Use Permit: 1. The Owner shall instruct all visitors and tenants that overnight parking is not allowed on East Main Street in its rental materials, and make its tenants known that any vehicles parked overnight on East Main Street may be towed at the owner’s expenses. 2. The Owner shall obtain a business license prior to and during its use as lodging units. Attachments to the Report: Attachment A – Vicinity Map Attachment B – Zoning Map Attachment C – Site Plan, Floor Plans, Elevations Attachment D – Draft Resolution I. SUMMARY OF REQUEST The applicants, Brad and Megan Kingman, have submitted a Special Use Permit application for 3 lodging units in the CKS building located at 426 E. Main St. The 4 units are on the 2nd and 3rd floor above the new location for the CKS retail space. II. HISTORY AND BACKGROUND A Minor Site Plan Application was submitted in January 2022 by Brad and Megan Kingman for the construction of a 4,778 square foot mixed-use building with retail space on the ground floor and 4 full  May 17, 2023 426 E. Main Street Page 2 amenity lodging units on the second (3 units) and third floors (1 unit). This property will have an elevator for ADA access to all units. The Site Plan was approved administratively on June 13, 2022. Approval and development of the lot was subject to approval, recordation, installation, and approval of public improvements as specified in the Public Improvements Agreement. Use of the lodging units is subject to obtaining (and the annual renewal of) a separate Town of Buena Vista business license. III. PROCESS – REQUIRED APPROVALS The applicant submitted a Special Use Permit (SUP) application for the “Hotels, motels, and other forms of public lodging and boarding” use as specified in Section 16-6.5.2. of the Town of Buena Vista Unified Development Code (UDC). Staff has reviewed the SUP application and is recommending approval by the Planning and Zoning Commission. Special Use Permit approvals are decided by the Planning and Zoning Commission via public hearing. IV. ANALYSIS – ZONING AND LAND USE North South West East Adjacent MU-2 MU-MS MU-MS MU-MS Zoning Designation Adjacent Land Use Single-Family Commercial Commercial Commercial Residential See Attachment A - Vicinity Map, Attachment B - Zoning Map, Attachment C – Site Plan, Floor Plan, & Elevations V. ANALYSIS – SPECIAL USE PERMIT CRITERIA Section 16-6.5.2. of the Buena Vista Municipal Code provides specific review criteria for a SUP. Each criterion is shown below in bold text and staff’s analysis follows each criterion in standard text. I.) The proposed use is consistent with the Comprehensive Plan and the purposes of the UDC. Developing the Economy: • Goal #2: Buena Vista will support and expand the role of tourism and tourist-related business in the local economy. o Policy: Buena Vista will attempt to attract and support businesses with the potential to increase tourism activity during the shoulder or winter seasons.  This building offers a unique variation of upscale lodging opportunities on East Main Street, with a penthouse on the third floor, and three 1-2 bedroom units on the 2nd floor. This provides pedestrian access for tourists to all local businesses on East Main Street as well as the Town’s Whitewater Park, Barbara Whipple Trail System, Bike Park, and Dog Park.  May 17, 2023 426 E. Main Street Page 3 • Goal #4: Buena Vista will support the continuing development of businesses that provide products and services for day-to-day shopping needs. o Policy: Development should generally pay its own way, except for particularly desired affordable housing, commercial, infill, or connectivity improvements. • Development of this property required public improvements, at the cost of the applicant, for alley improvements and replacement of public infrastructure related to installation of utilities. o Policy: Buena Vista will participate in efforts to revitalize East Main Street. o Policy: Promote tourist use of the historic downtown by directing pass through traffic from Highway 24 to East Main Street. • With the addition of lodging units on E. Main St., tourists will be drawn from Highway 24 to their lodging on E. Main St. as opposed to adjacent residential areas (STR’s) or along the Highway 24 corridor. Housing: Accessible, Affordable, and Aesthetic: • Goal 5: Prevent potential displacement of resident housing by tourism uses. o Policy: Housing opportunities, and particularly affordable housing, should not be displaced by tourist rentals.  By focusing on keeping lodging opportunities on E. Main St., impacts to housing stock in residential areas within Town are minimized. Lodging should primarily occur in the mixed-use and commercial districts, not in Town’s residential zone districts. II) The proposed use complies with applicable use-specific standards. The UDC does not currently have any use-specific standards for the “Hotels, motels, and other forms of public lodging and boarding” use. The definition, as defined in UDC Section 16.7.2, is as follows: “A nonresidential structure, or portion thereof, in which at least one (1) habitable space is made available to paying guests for thirty (30) consecutive days or less; provided that two (2) or more cabins or similar structures on a single parcel or under common ownership on adjacent parcels, that are designed, intended, or available for occupancy for thirty (30) consecutive days or less shall be considered hotels or motels.” These units were not designed, intended, or available for use as residential dwellings. Throughout the Site Plan review process, the intent was always for them to be used for short-term lodging under 30 consecutive days. Therefore, staff feels that it meets the use as defined in the UDC. III) The proposed use complies with all other standards in this UDC. The development and use of this building underwent a comprehensive Minor Site Plan review to ensure compliance with all standards of the UDC and was administratively approved in June 2022.  May 17, 2023 426 E. Main Street Page 4 The “Hotels, motels, and other forms of public lodging and boarding” use requires a Special Use Permit in the MU-MS zone district. The MU-MS district is intended to maintain a vibrant downtown with shopping opportunities, offices, entertainment, lodging, and civic uses. IV) The proposed use is consistent with the purpose statement of the underlying zoning district. The purpose of the MU-MS district is intended to allow for a vertical or horizontal mix of residential and commercial land uses except single-family dwellings along East Main Street in downtown Buena Vista, and other "main street" developments throughout the Town. The district is intended to maintain a vibrant downtown with shopping opportunities, offices, entertainment, lodging, and civic uses. The MU-MS district is intended for predominantly vertical mixed-use (commercial on first floor and other commercial or residential above), with occasional horizontal mixed-use. The MU-MS district places an emphasis on an active street presence with appropriate character and form. V) Impacts of the use on the surrounding neighborhood have been adequately minimized. The building meets the parking requirements as specified in UDC Section 16.4.3.4, using both off-street parking (5 spots accessible from the alley) and bike parking fronting E. Main St. Additional overnight parking is permitted in the Railroad right-of-way, approximately 800’ to the west. Noise ordinances are enforced under Section 7-163. The property owner will be required to include quiet hours information in each lodging unit. VI) The proposed use does not adversely impact the public health, safety, and welfare of the Town. The proposed use will not adversely impact the public’s health, safety, and welfare. The owner will be required to maintain the public portion of the property frontage and comply with the snow removal requirements listed in the Municipal Code. VII. CONCLUSION AND RECOMMENDATION Based upon the information and materials provided by the applicant and in the staff report, staff supports the Special Use Permit application for the “Hotels, motels, and other forms of public lodging and boarding” use at 426 East Main Street. Therefore, staff recommends that the Planning and Zoning Commission approve the SUP with the conditions listed in this staff report. 1. Applicant has requested approval of a Special Use Permit to allow for the “Hotels, motels, and other forms of public lodging and boarding” use in the MU-MS zone district. 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 is consistent with the Comprehensive Plan 4. The application is consistent with the applicable standards for a Special Use Permit.  May 17, 2023 426 E. Main Street Page 5 THEREFORE A. If the Planning and Zoning Commission accepts the conclusion and recommendation as presented in the staff report, it should APPROVE the Special Use Permit in the MU-MS zone district for the “Hotels, motels, and other forms of public lodging and boarding use” located at 426 E. Main Street with the following conditions: 1. The Owner shall instruct all visitors and tenants that overnight parking is not allowed on East Main Street in its rental materials, and make its tenants known that any vehicles parked overnight on East Main Street may be towed at the owner’s expenses. 2. The Owner shall obtain and maintain both a business license prior to and during its use as lodging units.  May 17, 2023 426 E. Main Street Page 6 Attachment A - Vicinity Map Attachment B – Zoning Map  May 17, 2023 426 E. Main Street Page 7 Attachment C – Site Plan, Floor Plan, Elevations  May 17, 2023 426 E. Main Street Page 8  May 17, 2023 426 E. Main Street Page 9  May 17, 2023 426 E. Main Street Page 10 Attachment D – Draft Resolution (See Attached)  TOWN OF BUENA VISTA PLANNING COMMISSION RESOLUTION NO. __ SERIES 2023 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION FOR THE TOWN OF BUENA VISTA, COLORADO, CONDITIONALLY APPROVING A SPECIAL USE PERMIT FOR THE HOTELS, MOTELS, AND OTHER FORMS OF PUBLIC LODGING AND BOARDING USE LOCATED ON PROPERTY MORE SPECIFICALLY DESCRIBED AS LOT 34, BLOCK 3, TOWN OF BUENA VISTA (426 EAST MAIN STREET). WHEREAS, KOS LLC (“Owner”) owns the property described as Lot 34, Block 3, 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, Hotels, motels, and other forms of public lodging and boarding require a special use permit; WHEREAS, Brad and Megan Kingman (the “Applicant”) filed an application, on behalf of the Owner, for a special use permit to allow the Hotel, motel, and other forms of public lodging and boarding use for four (4) lodging units to be located on the Property; WHEREAS, on May 17, 2023, 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. Subject to the conditions imposed herein, the proposed use is consistent with the Comprehensive Plan and the purpose of the UDC. The proposed development provides a lodging opportunity along East Main Street. 2. The proposed use complies with the applicable use-specific standards in Section 16.03.3.2.3.I, subject to the conditions below. 3. The proposed use compliance with all other standards in the UDC shall be evaluated through the Special Use Permit, the approval of which must be obtained prior to use of the property for the hotels, motels, and other forms of public lodging and boarding use. 4. The MU-MS zone district is intended to allow for a vertical or horizontal mix of 1  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 units, used for public lodging (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 conditions imposed below. 6. The proposed lodging use of a mixed-use building will not adversely impact the health, safety, and welfare of the Town, if the conditions are met. Section 2. The Planning and Zoning Commission hereby approves the Special Use Permit, subject to the following conditions: 1. The Owner shall instruct all visitors and tenants that overnight parking is not allowed on East Main Street in its rental materials, and make its tenants known that any vehicles parked overnight on East Main Street may be towed at the owner’s expenses. 2. The Owner shall obtain and maintain a business license prior to and during its use as a public lodging. Section 3. The Special Use Permit shall be a covenant that runs with the land. ADOPTED this ____ day of ________________, 2023. Preston Larimer, Chair ATTEST: _________________________ Paula Barnett, Town Clerk 2