Planning and Zoning Commission - Packets

The Buena Vista Planning & Zoning Commission July 3rd, 2024, 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://us06web.zoom.us/j/6167636701?pwd=dDR3bldCRzRVMjhEaGV5SHZYZmxpdz09 Meeting ID: 616 763 6701 Passcode: y55sbm Listen via phone at: 1-720-707-2699 Meeting ID: 616 763 6701 Passcode: 554022 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 – June 5th, 2024 VI. Public Comment VII. New Business 1. Public Hearing: Amendments to Sections 16.3.1.4, 16.3.2.4.C, and 16.3.4 of the Buena Vista Municipal Code related to Temporary Seasonal Camping and Temporary Uses and Structures in the I-1 and HC Zone Districts. VIII. Staff/Commission Interaction IX. Adjournment  Minutes of the Regular Meeting of the Buena Vista Planning and Zoning Commission June 5th, 2024 CALL TO ORDER A meeting of the Planning and Zoning Commission was called to order at 7:01 p.m., on Wednesday, June 5th, 2024, at the Community Center by Chair Preston Larimer. Staff Present: Planning Director Joel Benson, Planner I Caroline Mahoney, and Planning Technician Jamie Graves (via Zoom) PLEDGE OF ALLEGIANCE Larimer led in the Pledge of Allegiance. ROLL CALL Caroline Mahoney proceeded with the roll call and declared a quorum. Attendee Name Title Status Preston Larimer Chair Present Tony LaGreca Vice Chair Not Present Craig Brown Commissioner Present Blake Bennetts Commissioner Not Present Thomas Brown Commissioner Present Tina Bennetts Alternate Present Michael J. Westheimer Alternate Not Present AGENDA ADOPTION Larimer called for approval of the agenda. Commissioner Thomas Brown motioned to adopt the agenda and was seconded by Commissioner Craig Brown. Motion #1 passed. APPROVAL OF MINUTES Commissioner Craig Brown motioned to approve meeting minutes from May 1st, 2024. Commissioner Tina Bennetts seconded. Motion #2 passed. PUBLIC COMMENT Public comment was opened at 7:03 p.m. With no comments, public comment was closed at 7:03 p.m. Page 1|4 NEW BUSINESS Larimer introduced new business item #1 at 7:04 p.m. by opening a Public Hearing regarding a Zone Change Application by Lenny Eckstein to change the Zoning at 105 Barnwood Dr. from Highway Commercial (H-C) to Light Industrial (I-1). Planning Director Benson introduced the application before inviting the applicant to give their presentation to the Commission. Mr. Eckstein presented to the Commission, highlighting existing uses, adjacent zone districts, and goals for the property. With Mr. Ekstein’s presentation completed, Director Benson then gave his presentation to the Commission. Topics included the location of the subject property, the property’s existing zoning, current adjacent zoning, a Zone District Use comparison, and a brief overview of the historical context of the property and its original zoning designation in 1982 as B-2 (General Highway Commercial). Benson then provided a history of the commercial uses of the property. Benson presented all Rezoning Criteria required by the UDC for an application of this type. The proposed rezoning shall comply with at least 1 of the 4 following criteria: 1. Consistency with the Comprehensive Plan & purposes of the UDC; 2. Consistency with the purpose statement of the proposed zoning district; 3. There have been significant changes in the area to warrant a zoning change; or 4. There was an error in establishing the current zoning. Additionally, the proposed rezoning shall comply with BOTH of the following criteria: 1. The intensity of development in the new zoning district is not expected to create significantly adverse impacts to surrounding properties or the neighborhood; AND 2. Public facilities and services are available to adequately serve the subject property while maintaining an adequate level of service to existing development, including, but not limited to, public water supply, infrastructure, and water supply available, pursuant to subsection 16.04.4.8.1, to serve development that is likely to occur in the proposed new zone district. Benson closed his presentation with remarks for next steps required per Code: recommend approval of the rezoning to the Board of Trustees; continue the hearing to a certain date; or recommend denial of the proposed zoning. With presentations completed, Larimer opened Public Comment portion of the Public Hearing at 7:22 p.m. Jeff Ollinger of 220 Weathervane Lane provided public comment, agreeing with the intent of the application, but hesitant to support industrial uses immediately adjacent to residential uses. Commissioners then asked clarifying questions. At 7:27 p.m. the Commission began deliberating the Zone Change request. The Commission discussed topics such as potential uses in the I-1 zone district compared to H-C uses and their potential impacts on adjacent Residential districts, spot zoning, long term impacts of rezoning, Special Use Permits, screening, etc. Chair Page 2|4 Larimer highlighted the long-term adverse impacts of spot zoning. Larimer provided consistent historical context for the original Highway-Commercial Zoning designation for immediately adjacent parcels with CR 317 acting as an alternate commercial entryway into Town, specifically touching on the long time non-industrial uses of adjacent properties, such as the Police station, HRRMC clinic, and neighboring businesses on San Isabel Court. Chair Larimer requested Staff work on a Highway Commercial workforce camping Ordinance that will alleviate workforce housing strain without creating an industrial spot zone parcel immediately adjacent to existing Residential zone districts. Staff will present this proposed Ordinance at the July 3rd, 2024 regular meeting of the Planning & Zoning Commission and July 9th regular meeting of the Board of Trustees. After deliberation, Chair Larimer invited a motion. Commissioner Thomas Brown made a motion to recommend approval of the zoning change from Highway Commercial to Light Industrial to the Board of Trustees of the Town of Buena Vista at 7:58 p.m. due to an error in establishing the original Highway-Commercial zoning. Commissioner Tina Bennetts seconded the motion. Chair Larimer requested a roll call vote. Commissioners Tina Bennett, Craig Brown, and Thomas Brown all voted Yes to recommend approval. Larimer voted no. Motion #3 passed 3-1 by Roll Call Vote. Business Item # 2, a Public Hearing regarding Zoning of the Topside Annexation, was cancelled at the petitioner’s request prior June 5th, 2024. At 8:03 p.m., with no further business items, Larimer closed new business. STAFF / COMMISSION INTERACTION Staff and the Commission discuss the upcoming proposed Highway Commercial Workforce Housing Camping Ordinance. Staff will bring forward proposed code changes regarding streetscapes for non-infill projects to establish consistent development standards and specifications. A code amendment is required to add these items to the UDC. Benson provided an update on current development applications and Comprehensive Plan progress, including the upcoming June 20th Comprehensive Plan Open House event at the Community Center at 5:00p.m. A discussion took place around adding mini warehousing as a Special Use Permit for Highway Commercial Zone Districts and the potential concerns of the proximity of alcohol to families within workforce housing camping areas. Page 3|4 ADJOURNMENT There being no further business, Craig Brown motioned to adjourn the meeting at 8:18 p.m. Larimer seconded. Motion #4 was unanimously approved. Respectfully submitted: Preston Larimer, Chair Date Caroline Mahoney, Planner I Date Page 4|4 DATE: July 3, 2024 TO: Planning and Zoning Commission FROM: Joel Benson, Planning Director RE: An ordinance amending UDC Sections 3.1.4, 3.2.4.C, and 3.4 related to Temporary Seasonal Camping and Temporary Uses and Structures. Background: In April 2023, Town Staff brought forward a proposal to add Temporary Seasonal Camping within the Highway Commercial (HC) Zone District as an allowed use through a permitting process. The Planning and Zoning Commission provided extensive feedback to the proposal just before there was significant staff turnover. The original proposal is presented as a redlined proposal, below. Ordinance No. 1 Series 2020 was passed in February of 2020 to allow temporary camping in the I-1 (Light Industrial) zone districts. The intent of the ordinance is to permit businesses to allow workers to camp on the business’s property. This proposed amendment to the existing Temporary Seasonal Camping code would allow camping in HC properties with some additional parameters to mitigate effects of such an expansion. Based on the feedback from the April 2023 Planning and Zoning Commission meeting, with the caveat that staff in 2024 will not have gleaned all the potential feedback, staff have prepared a draft ordinance. Edits from existing code are in Orange. There are edits designed to add this use as a permitted use in HC as well as proposed edits to incorporate concerns from the Commission that would apply to both I- 1 and HC camping. Staff have been meeting with other departments and received some important feedback, after the posting of the Public Hearing. As a result of these meetings, there are a few items that need additional attention. Specifically, provisions related to backflow inspections, fees, indemnification and insurance, density concerns and life-safety. Staff propose that the Planning and Zoning Commission provide feedback on the attached draft items and that the Hearing is continued until July 17, 2024. Proposed order of events July 3: Open the Public Hearing Staff Presentation Open the Public Comment portion of the Hearing and close after comment Discussion among Commissioners Close the Hearing Continue the Public Hearing, as recommended the Action description, below. Planning and Zoning Commission Action: After review of the proposed changes and if the Commission agrees with the edits, the Commission should make a motion to Continue the Public Hearing for the Ordinance amending Sections 3.1.4, 3.2.4.C, and 3.4 of the Unified Development Code related to Temporary Seasonal Camping to modify requirements for Temporary Seasonal Camping and expand the use into the Highway Commercial Zone District. Attachments Attachment A – Zoning Map Attachment B – Zoning Map of HC with 250’ setback overlaid I. Summary of Requests UDC Section 3.2.4.C (Temporary Seasonal Camping) currently allows for seasonal camping in the I-1 (Light Industrial) zone district for businesses that rely on seasonal workers from April 1 through September 30. Based on Commissioner feedback, staff propose to allow this use in the H-C (Highway Commercial) zone district and to modify the restrictions and Regulations for all Temporary Seasonal Camping use. Staff also propose moving the Temporary Seasonal Camping use-specific standards from 16.3.2.4 (Industrial Uses) to Section 3.4.4 (Standards for Specific Temporary Uses and Structures). This would create a new subsection – 3.4.4.D (Temporary Seasonal Camping). The proposed additions to the existing use-specific standards for Temporary Seasonal camping would be as follows: 16.3.1.4 (Table of Allowed Uses): Add seasonal camping as a temporary use for H-C in the use table. Staff propose moving the Temporary Seasonal Camping criteria to Section 3.4 – Temporary Uses and Structures. 16.3.4.4.D.2-5: Include H-C zone district in the code language. 16.3.4.4.D.2: Add a stipulation that an Annual Seasonal Camping Permit is required. This would speak to the next request which would remove the beginning and end dates for allowed camping since some employees may need housing beyond these dates. If a beginning and end date are desired, the annual permit would not be necessary. 16.3.4.4.D.3: Changed the Title from “Duration” to “Scope”. Removed the time duration so this clause would simply read, “Camping may only occur in the I-1 and H-C zone districts.” Added a stipulation about who can use this, including a limit to the number of employees who can camp, excepting rafting businesses: “Camping is available only for employees who work 20 or more hours per week. Proof of employment via a signed affidavit from the employer is required at the time of permit application. Businesses whose primary business is whitewater rafting are not limited to the number of employees that can camp; all others are limited to a maximum of three (3) employees.” Restrictions and Requirements 16.3.4.4.D.4.b: Added language to be more specific regarding toilet facilities: “Screened toilet facilities sufficient to serve the number of employees camping on the property that has unrestricted, 24-hour access.” 16.3.4.4.D.4.d: Added language to be more specific regarding ‘potable’: “Potable water from the Town water distribution system sufficient to provide for the needs of all employees camping on the property.” 16.3.4.4.D.4.e: Added a new item specific to electrical hookups, also renumbering original e, f, ang g to f, g, and h: “All electrical hookups must be inspected and approved by the Chaffee County Building and Safety Department.” 16.3.4.4.D.4.f: (Formerly e) Added a sentence requiring authorization from property owner: “…Authority for the camping and intended duration must be provided by the property owner.” 16.3.4.4.D.4.g: (Formerly f) Additional specifics are added to this section about the Site Plan. In addition, rather than listing specifics for a Fire Department approval and to acknowledge the concern shared by citizens about the potential impact of camping to their situations, a Major Site Plan review is contemplated to ensure a public process and referral agency review of the proposal, including by Chaffee Fire. “Site plan. A site plan showing the camping area, allocated camping spots, and all facilities, distance to fire hydrant, distance to fencing, and emergency services ingress and egress, signed by the business and property owner. This constitutes a Major Site Plan review and must comply with Fire Department requirements.” 16.3.4.4.D.4.h: (Formerly g) Added details required in the management plan to include contact information for the local contact and a clause about abiding by the Municipal Code. “Management/Operations Plan. A written management plan explaining how the camping area will be managed along with all rules for employees utilizing the camping area. The management plan shall include name, phone, direct messaging and email information for a local point of contact that will be available 24 hours per day 7 days per week. The management plan shall include the applicant’s rules for its camping area applicable to its employees and shall demonstrate how impacts to the neighboring businesses and surrounding area will be minimized. The management plan shall include, without limitation, information on quiet hours, pets, and how the business will enforce any violations of its policies and violations of the Municipal Code.” 16.3.4.4.D.4.i (Restrictions and Requirements): Added a restriction of distance to the Highway centerline. (Note: The original draft in 2023 was specific to HC; this is cleaner) “Camping in the H-C zone district shall not occur within 250’ of Highway 24, as measured from the centerline of the highway and must be located behind the primary structure.” Attachment A –Zoning Maps Attachment B – Zoning Map of Highway Commercial, with 250’ Setback