Planning and Zoning Commission - Packets

The Buena Vista Planning & Zoning Commission September 4th, 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 – August 07th, 2024 VI. Public Comment VII. New Business 1. Public Hearing: The Grove Major Site Plan Review at 205 N Court St. 2. Public Hearing: An ordinance amending UDC Section 16.04.5 related to MU-MS building design guidelines. VIII. Staff/Commission Interaction IX. Adjournment  Minutes of the Regular Meeting of the Buena Vista Planning and Zoning Commission August 7th, 2024 CALL TO ORDER A meeting of the Planning and Zoning Commission was called to order at 7:00PM., on Wednesday, August 7th, 2024, at the Community Center by Chair Preston Larimer. Staff Present: Planning Director Joel Benson and Planning Technician Jamie Graves PLEDGE OF ALLEGIANCE Larimer led in the Pledge of Allegiance. ROLL CALL Graves proceeded with the roll call and Larimer declared a quorum. Attendee Name Title Status Preston Larimer Chair Present Tony LaGreca Vice Chair Present Craig Brown Commissioner Present Blake Bennetts Commissioner Present Thomas Brown Commissioner Present Tina Bennetts Alternate Present Michael Westheimer Alternate Not Present AGENDA ADOPTION Larimer called for approval of the agenda. Commissioner LaGreca motioned to adopt the agenda as presented and was seconded by Commissioner Craig Brown. Motion #1 passed. APPROVAL OF MINUTES Commissioner Thomas Brown motioned to approve meeting minutes from July 17th, 2024, as presented. Larimer seconded. Motion #2 passed. PUBLIC COMMENT Public comment was opened at 7:01PM With no comments, public comment was closed at 7:02PM. NEW BUSINESS Public Hearing was opened at 7:02PM for the Triview Metropolitan District/Chicago Ranch Annexation Zoning. Triview’s representatives included James McGrady (Triview Manager), Caitline Quander (land-use attorney), and Steve Sheffield (Triview Assistant Manager) were present via Zoom. Benson led the hearing by providing a short historic overview of the project and the Planning and Zoning Commission’s role in this hearing, to consider the zoning for the annexation. Benson turned the presentation over to the Triview representatives who explained the background and future of the project with the zoning request of Open Space/Recreation District (OSR). This project has a long history in town dating back to 2021 from which the Triview Metropolitan District/Chicago Ranch Master Plan was created, further detailing the plans for the parcel. For annexation to be considered, the property shall not “create an unreasonable burden on the physical, social, economic, or environmental resources of the Town.” The representatives further detailed how the future of the property is substantially compliant of the criteria for annexation, and thus zoning. Benson supported the claims and recommended to the Commissioners to approve the zoning of OSR to the Trustees at the annexation hearing set for August 13th, 2024. Commissioners inquired about the revegetation plan, the historical consumptive water use, and how this property would coexist with the state lands bordering the south, none of which would not affect the proposed zoning. Public comment was opened at 7:39PM and with no comments, was closed at 7:39PM. The Commission emphasized how impressed they were with Triview’s cooperative approach and the Chicago Ranch planning and had no concerns establishing the zoning of OSR for this parcel. LaGreca motioned to recommend the OSR zoning to the Trustees contingent upon the annexation hearing of Triview/Chicago Ranch on the 13th. Motion #3 to recommend the OSR zoning passed unanimously. The Public Hearing was closed at 7:45PM. STAFF / COMMISSION INTERACTION Benson led the interaction, detailing the difference between enclosed storage and mini warehousing, referencing discussions from 105 Barnwood’s rezoning. Additionally, there was a request to cancel the August 21st meeting. Craig Brown motioned to cancel the meeting and Tom Brown seconded. Motion #4 passed. Benson discussed upcoming Commissioner meetings. _____________________________________________________________________________________ ADJOURNMENT There being no further business, Blake Bennetts motioned to adjourn the meeting at 8:51PM LaGreca seconded. Motion #5 was unanimously approved. Respectfully submitted: ___________________________________ Preston Larimer, Chair ___________________________________ Jamie Graves, Planning Technician  STAFF REPORT MAJOR SITE PLAN REVIEW DATE: August 27, 2024 PROPERTY: The Grove – Site Plan 205 North Court Street APPLICANT: Watershed LLC and the BV School District Prepared by Lily Brunk, Project Manager, Artaic Group REQUEST: Major Site Plan for the purpose of constructing an early childcare facility for the BV School District, remodeling the Maintenance Building and adding additional classrooms. TOWN STAFF: Joel Benson, Planning Director ___________________________ STAFF RECOMMENDATION: This project is part of the School District and operates under state statute regulations that restrict the authority of the municipality. The Town process for a Major Site Plan review applies to this project, albeit focusing primarily on public space that is impacted by the Grove, for example, utilities, drainage as it may impact other areas of town, sidewalks, lighting and so forth. The result of the Planning and Zoning review would ultimately be approval of the Site Plan, as appropriate, and may include any recommendations to the Grove to consider. Given timing with some critical historic grants and other funding opportunities to have the new school and childcare facilities online by the fall of 2025, there will be several conditions within this site plan review. An approval of the site plan would include such conditions, as listed below, and the conditions met prior to final sign off. Review of the proposal has been carried out by Planning staff for zoning, lighting, and other general impacts to the community. Referral agencies, such as Public Works, Sanitation, Fire, SDCEA, Atmos, and others are providing input and their comments must be satisfied by the applicant, as noted below. After a review of the following report for the Grove, staff recommend the Planning and Zoning Commission approve with conditions the Major Site Plan for the Grove. • The application is complete and complies with Section 6.5.1 Site Plan Review of the Buena Vista Unified Development Code (UDC). • The application qualifies as a Major Site Plan Review (Table 6.3) for buildings that exceed 10,000 square feet • The Property is zoned Mixed-Use Two District (MU-2) and the request is consistent with the intent of the District. • The property is within the Downtown context for public improvements. Public sidewalks will be required to be installed by the applicant for North Court Street along the street frontage in accordance with the site plan. The Site Plan is located at 205 North Court. Presently, the proposed building crosses multiple lots. An agreement with the Grove and the Town is being executed to allow the project to proceed with the  August 27, 2024 The Grove - Site Plan Watershed and School District Page 2 of 13 understanding that no Certificate of Occupancy may be issued until a lot line adjustment has taken place because no building is allowed to cross a lot line. The Site Plan describes improvements proposed in developing the property, including public improvements in the town’s right-of-way such as the sidewalk along N Court. The plan adheres to the Town of Buena Vista Planting Guide and must comply with all engineering requirements for drainage, sidewalks, access, utility connects and line separation, and exterior lighting standards. Utility connections to water, sewer, gas, and electric services have been identified within the site plan. Referral comments are being addressed by the applicant, as per the included conditions. The Planning and Zoning Commission should review the subject site plan as authorized by the UDC and provide an approval with conditions for the site plan. ATTACHMENTS TO THE REPORT: Attachment A - Vicinity Map Attachment B – Site Plan 1. SUMMARY OF REQUEST Katy Welter of the Watershed, LLC in conjunction with the School District have applied for a Major Site Plan to allow for the development of the Grove. The proposal is an adaptive reuse of 4,800 sf of the historic Chaffee County Shop (Buena Vista School District Maintenance) building with 6,000 sf of a newly construction addition. The parcel will be used as a nine-classroom early childhood education facility. The Site Plan proposes the demolition of a small part on the south side of the maintenance building, with the additional classrooms built toward the south. The maintenance building is proposed to be rehabilitated as per historic preservation guidelines. A playground will be built to the west of the property in between the building and the installed sidewalk, including a drop-off zone. Parking will be supplied on the parcel to the north of the Maintenance building. The south side construction of six (6) two-story multi-family attached modular residential units. The Site Plan request meets the criteria for a Major Site Plan Review for a non-residential Site Plan with a building greater than 10,000 square feet. (§6.5.1 Table 6.3 and C.3). Development of the property is not subject to building permit review because it is the School District. 2. HISTORY AND BACKGROUND In about 1960, Chaffee County constructed a county shop on a parcel owned at that time by the county (see figure 19). The decision to build this new facility came at a time of robust expansion in the local economy, driven by employment growth at Climax Molybdenum, thirty-seven miles north. Between 1950 and 1960 Buena Vista’s population expanded from 783 to 1,806, a 130.6 percent increase. Many Climax workers lived in Buena Vista, and subdivisions were platted in the town to accommodate the employees and their families. The utilitarian concrete block facility stored and maintained county road and bridge equipment. In 1991 Chaffee County erected a new county shop south of Buena Vista, and the Town purchased the old shop building at the north end of the property for use as its public works  August 27, 2024 The Grove - Site Plan Watershed and School District Page 3 of 13 shop. A small addition constructed in 1992 at the southwest corner of the building provided additional storage space. Ownership changed once again in 1999, when the Town sold the building and associated property to the school district, which employed it as a bus barn and maintenance shop. After a new bus facility opened in 2009, bus storage ended, but the building continued as the district maintenance shop, with one bay converted to house computer servers. In 2024, the District vacated the shop in preparation for its reuse as an early childhood education facility. 3. PROCESS The Site Plan application is generally subject to Section 6.5.1 of the Town of Buena Vista Unified Development Code (UDC). The Site Plan procedures provide a process for the Town to evaluate a non- residential site plan for a building that is greater than 10,000 square feet. A review has been completed and the Planning and Zoning Commission may approve the site plan. Given the cooperative nature of this project and its overall community benefit, the timing of the funding cycles, and the fact that the school can follow a statutory process that would obviate this review, there are details in the plan that may need to be modified according to comments from referral agencies. There are additional considerations contemplated for impacts that are not specific to the public space, corrections for which would be obsolete via the statutory process and have been addressed to the satisfaction of the Planning Department. Public noticing has been provided for this Major Site Plan Review, via publication in the newspaper, mailers to neighboring property owners, and posting of the hearing on site. 4. ZONING AND LAND USE The property that is included in the Site Plan is zoned MU-2. The use as proposed is a permitted use in the MU-2 District (UDC §3.1-Table 3.1). The Site Plan complies with the purpose of the Mixed-Use Two District (MU-2) (UDC §2.4.3.A):  August 27, 2024 The Grove - Site Plan Watershed and School District Page 4 of 13 The MU-2 district is intended to allow for a vertical or horizontal mix of residential and commercial land uses in activity centers along the town’s primary transportation corridors and gateways. The MU- 2 district is intended to support a mix of residential, retail, cultural, entertainment, and office uses that are consistent with Buena Vista’s character and meet both local and regional needs. The MU-2 district accommodates medium- and high-density residential and is intended to provide for pedestrian-scale development with an active street presence. The Site Plan refurbishes an existing historic building with an addition. The building is setback further than the minimum 15’, which is a nonconforming structure. The code contemplates nonconformities. UDC §1.5.3.2 contains applicable code language, “Expansion of a Nonconforming Structure. A nonconforming structure may be allowed to expand if the expansion complies with this UDC. An expansion shall not increase the degree of any nonconformity, as determined by the Town Administrator.” There is no increase in nonconformity. Furthermore, the Site Plan complies with all other dimensional standards for the MU-2 District (UDC §2.2.2- Table 2.3). The adjacent properties are zoned as noted in the table below: North South West East Adjacent Zoning MU-2 MU-MS R2-OT MU-MS Designation School District School District School District School District Adjacent Land Parking for School Admin Vacant APES Use Grove Building (Parking, Arch) 5. ANALYSIS – SITE PLAN Section 6.5.1.C-D of the Buena Vista Unified Development Code (UDC) provides specific review criteria for the Planning and Zoning Commission to review and approve a Major Site Plan 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 Comprehensive Plan and other adopted Town policies and plans. The proposed site plan supports the Goals of the Comprehensive Plan and Town policies to encourage additional childcare services, leading to better job retention and a more robust school system, helping attract and retain families, ergo the tax base and community environment. ii. It is consistent with any previously approved plan, planned unit development, and/or any other precedent land use approval; and The site is in an infill area that is underserved by existing infrastructure. The project is located on the same campus as the Avery Parsons Elementary School (APES), gains value from an underutilized space and frees up existing classroom spaces in the APES building for other needs of the School District. The project restores an historic building and provides a publicly available park for the community.  August 27, 2024 The Grove - Site Plan Watershed and School District Page 5 of 13 The Town’s Context Plan requires that the project install infrastructure, extending the sidewalk further to the north where it can eventually connect with new development north of Pine Street. The development is consistent with the MU-2 District. The building orientation, as well as design elements such as street trees and the playground will contribute to the pedestrian activity along the street. The landscaping in the ROW (the street trees) adjacent to the property are the maintenance responsibility of the property owner. iii. The site plan complies with applicable standards in the UDC. The site plan was submitted and accepted subject to Section 6.3. Review Procedures. By the time this packet was created, the plan is still undergoing review by referral agencies, although there have been many earlier conversations with the School District and agencies as the site plan was being developed. Referral comments will be addressed to the satisfaction of the Town as a condition of the approval. It is determined by staff to meet the base requirements of the UDC. The construction of the site-built improvements, (foundation, egress, utility connects, misc. attachments, etc.) are subject to a review by the Town of Buena Vista and Chaffee County’s Building Department. Any proposed fencing noted on the Site Plan is subject to a separate permit from the Town that will be reviewed prior to installation to confirm compliance with the Town’s standards and regulations. The Site Plan contains outstanding notes to correct: 1. Perimeter dimensions and square footages of existing and proposed structures, including the building height of all structures, measured from the average final grade to the peak of the roof, elevations of the corners of the main building and the property corners and required setbacks as well as distances to all structures (these have been verified to comply with dimensional standards, but detail is missing on the plans). 2. Additional minor clarification details on notes, legend, rights of way, neighboring properties and any proposed access and utility easements. 3. A photometric plan with the spec sheets of proposed exterior lighting. 4. Added detail to the irrigation and planting plan – the proposal is to develop this plan toward the spring, which would be a determination by Public Works in the referral process. The primary concern is to comply with the BV Planting Guide and to understand the proposed water demand, also through Public Works referral. The plan included turf, which will be removed as an error. 5. Planning with Sanitation and Public Works regarding the sewer/water line crossing at the southern end of the building. 6. Narrative about the parking intention to use the north parking lot as part of this project and the number of spaces anticipated, with the intention to leave the lot unpaved. 7. Details on Public Improvements – this will also need a discussion with Public Works whether a Public Improvements Agreement is necessary or if it’s part of the certificate of occupancy process, depending on the extent of improvements.  August 27, 2024 The Grove - Site Plan Watershed and School District Page 6 of 13 6. DEVELOPMENT REVIEW REFERRAL This application was submitted to the Town of Buena Vista and affiliated review agencies, including all public utilities serving the site. Comments have either been addressed through the staff review process or are listed as conditions for approval in the following review. Referral Agencies: Buena Vista Public Works Department Atmos Energy Lumen (formerly Century Link) Chaffee County Fire Department Charter Communications Sangre de Cristo Electric Association (SDCEA) Buena Vista Sanitation District 7. CONCLUSIONS AND RECOMMENDATION Based upon the information and materials provided by the applicant and included in the staff report, staff support the requested Major Site Plan to allow the proposed Grove development. Therefore, staff recommend that the Planning and Zoning Commission finds that: 1. The applicant has requested approval of a Major Site Plan to facilitate the issuance of a building permit for the improvements identified in the Site Plan. The site plan meets the MU-2 zone district standards for the property. 2. The applicant has submitted a complete Site Plan application and exhibits; and 3. The application is consistent with the applicable standards set forth in the UDC for a Major Site Plan. 4. The applicant understands that the timing of the funding potential and building process necessitates that the Major Site Plan is reviewed for approval, with some Planning Department comments needing responses and prior to receiving referral agency comments. 5. The request is under reviewed by the appropriate referral agencies for comments will need to be addressed, as per the condition listed below; and  August 27, 2024 The Grove - Site Plan Watershed and School District Page 7 of 13 THEREFORE If the Planning and Zoning Commission accepts the conclusions and recommendation as presented in this staff report, the Commission should APPROVE the Site Plan for the Grove with the following conditions: 1. The applicant shall address all comments supplied by the Planning Department to the Town’s satisfaction prior to final approval of the Major Site Plan. 2. The applicant shall address all comments supplied by all referral agencies to the Town’s satisfaction prior to final sign off on the Major Site Plan. Referral agencies include Public Works, Sanitation District, Chaffee Fire, SDCEA, Lumen, and Atmos. TOWN OF BUENA VISTA PLANNING AND ZONING APPROVAL Preston Larimer, Chair of Planning and Zoning Commission Date Attest: Paula Barnett, Town Clerk Date copy: TOWN file Katy Welter Lily Brunk welterkaty@gmail.com lily.brunk@artaicgroup.com  August 27, 2024 The Grove - Site Plan Watershed and School District Page 8 of 13 Attachment A – Vicinity Map  August 27, 2024 The Grove - Site Plan Watershed and School District Page 9 of 13 Attachment B – Site Plan (5 sheets) Dated June 14, 2024  August 27, 2024 The Grove - Site Plan Watershed and School District Page 10 of 13 Site Layout  August 27, 2024 The Grove - Site Plan Watershed and School District Page 11 of 13 Planting Plan (to be revised)  August 27, 2024 The Grove - Site Plan Watershed and School District Page 12 of 13 Site Amenities  August 27, 2024 The Grove - Site Plan Watershed and School District Page 13 of 13 Building layout  PUBLIC NOTICE OF PUBLIC HEARING REGARDING A MAJOR SITE PLAN REVIEW FOR 205 NORTH COURT STREET Notice is hereby given that a Public Hearing will be held before the Planning and Zoning Commission of the Town of Buena Vista, Colorado, at the below date, location, and time, to review a major site plan for a proposed early childhood education campus, The Grove. The existing building will be renovated and expanded to include an addition with six classrooms. Planning and Zoning Commission Date: Wednesday September 4th, 2024 Time: 7:00 pm Buena Vista Community Center, Pinon Room 715 E. Main St. Buena Vista, CO 81211 All interested parties are encouraged to attend in-person or through Zoom. Additional information may be obtained from the Town of Buena Vista Planning Department: Buena Vista Planning & Zoning Department 713 E. Main Street 719-581-1166 planning@buenavistaco.gov  PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE Major Site Plan Review Major Site Plan Review Notice is hereby given that a Public Hearing will be held before the Notice is hereby given that a Public Hearing will be held before the Planning and Zoning Commission to review a major site plan for a Planning and Zoning Commission to review a major site plan for a proposed early childhood education campus, The Grove. The existing proposed early childhood education campus, The Grove. The existing building will be renovated and expanded to include an addition with six building will be renovated and expanded to include an addition with six classrooms at 205 North Court St. The hearing is set for 9/04/24 at 7pm classrooms at 205 North Court St. The hearing is set for 9/04/24 at 7pm at the Buena Vista Community Center. The public is encouraged to at the Buena Vista Community Center. The public is encouraged to attend. You may submit public comments to or request additional attend. You may submit public comments to or request additional information from: information from: Town of Buena Vista Planning Department Town of Buena Vista Planning Department 719.581.1166 719.581.1166 planning@buenavistaco.gov planning@buenavistaco.gov PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE Major Site Plan Review Major Site Plan Review Notice is hereby given that a Public Hearing will be held before the Notice is hereby given that a Public Hearing will be held before the Planning and Zoning Commission to review a major site plan for a Planning and Zoning Commission to review a major site plan for a proposed early childhood education campus, The Grove. The existing proposed early childhood education campus, The Grove. The existing building will be renovated and expanded to include an addition with six building will be renovated and expanded to include an addition with six classrooms at 205 North Court St. The hearing is set for 9/04/24 at 7pm classrooms at 205 North Court St. The hearing is set for 9/04/24 at 7pm at the Buena Vista Community Center. The public is encouraged to at the Buena Vista Community Center. The public is encouraged to attend. You may submit public comments to or request additional attend. You may submit public comments to or request additional information from: information from: Town of Buena Vista Planning Department Town of Buena Vista Planning Department 719.581.1166 719.581.1166 planning@buenavistaco.gov planning@buenavistaco.gov DATE: September 4, 2024 TO: Board of Trustees FROM: Jamie Graves RE: Public Hearing: An ordinance amending UDC Section 16.04.5 related to MU-MS building design guidelines. Background: The Historic Preservation Commission has proposed amendments to the MU-MS building design standards to (A). Protect and enhance the character and quality of residential, commercial, and mixed- use areas in Buena Vista; (B). Balance Buena Vista's economic and aesthetic concerns; and (C). Mitigate the negative visual impacts of the scale, bulk, and mass of large buildings. Planning and Zoning Commission Action: After review of the proposed draft, the Commission should make a motion to recommend Approval, Approval with Amendments, or Denial of the proposed Ordinance amending Sections 16.04.5.3 and 16.2.3 of the Unified Development Code related to building design standards in MU-MS zone district. The Commission may also make a motion to continue the Public Hearing. If this latter option is taken, it would be helpful to have additional direct guidance as to desired changes. Attachments Attachment A – Draft Ordinance (Redlined and Clean) I. Summary of Requests The following Summary of Requests represents proposed changes to the existing use-specific standards for building design standards in MU-MS. Additions are described in Green while deletions are in Orange. The complete draft ordinance is attached. Purpose: Remove #2 as these zones do not exist along Hwy 24 Section 16.04.5.3(A) Applicability. The nonresidential site and building design standards in this subsection apply to the following uses and areas: 1. All nonresidential and mixed-use development in the MU-MS district; and 2.Nonresidential or mixed-use development in the MU- 1 or MU-2 districts with frontage on Highway 24. Purpose: Clarify and preserve diversity of mass along E Main among property owners not specifically one development Section 16.04.5.3(D)(1) Buildings shall vary in size and shape for developments with three (3) or more buildings . .Groupings of three or more buildings on adjacent lots shall vary in size and shape. Purpose: Reduce building façade/plane measurement to encourage a diverse streetscape  Section 16.04.5.3(D)(3) No single building façade or plane shall exceed sixty (60) thirty (30) feet, measured horizontally, without being broken up or distinguished from another building façade or plane using the following techniques: Purpose: Delete the note about the body of the building since it was vague in enforcement. Added language to specifically list architectural elements. Need a new figure, as referenced Section 16.04.5.3(D)(4) Buildings shall incorporate horizontal architectural elements or materials that distinguish the base, body, and top of the building. The body (middle) of the building shall comprise a minimum of fifty percent (50%) of the total building height. Buildings shall incorporate four (4) or more architectural elements or materials that distinguish the base, body, and top of the building. These elements shall include kickplates, display windows with transoms, recessed entry, belt course, upper story windows and cornices. See Figure 4.J. Purpose: Increased windows coverage on the ground floor and second floor to preserve the historic look and feel. Reiterate the window height/width ratio 16.04.5.3(E)(1) and (2) E. Building Transparency. Building facades facing a street, plaza, park, or other public space shall comply with the following standards: 1. At least thirty percent (30%) (60%) of the ground floor shall be comprised of transparent window openings to allow views of interior spaces; and 2. At least twenty percent (20%) (30%) of each upper floor shall be comprised of transparent or nontransparent glazing utilizing a minimum of three (3) vertically oriented windows. The height of these windows shall be at least twice the width. Purpose: Reduce some options for building entrances. 16.04.5.3(G) Primary Entrance. Buildings shall feature visually-prominent entrances. Unless otherwise provided in this UDC, primary building entrances shall incorporate two (2) or more of the following techniques:  1. Recessed entrance, canopy, portico, archway, arcade, or similar projection feature that provides architectural interest and protection for pedestrians; 2. Prominent tower, dome, or spire; 3. Peaked roof; 4. Projecting or recessed entry; 5. Outdoor features such as seat walls or permanent landscape planters with integrated seating; or 2. Other techniques deemed comparable by the Town Administrator. Purpose: Specify approved exterior building materials. Removed a few options that are not compatible with the desired historic look and feel. 16.04.5.3(H) Primary Exterior Building Materials. 1. Primary Buildings should each are allowed to use a variety of exterior durable materials, including: a. Brick, natural stone, or other masonry cast stone; b. Steel; Horizontal bevel siding comprised of composite or rot-resistant wood. Steel may be used as an accent material only. c. Cast stone; d. Split-face block; e. Composite siding; f. Rot-resistant wood; g. Traditional concrete stucco; or c. Comparable material as approved by the Town Administrator. Purpose: Provide an allowance for a third floor while protecting the mass of the façade of a building from overwhelming the streetscape 16.04.5.3 (J) J. Buildings with Three Floors. If a building will have a third floor, the façade of the third floor shall be set back a minimum of fifteen (15) feet from the front façade of first two floor and designed not to impede the views of the mountains and Courthouse that exist on East Main Street. The exterior building materials on the third floor shall be designed to minimize the visual impact of the third floor. Purpose: Reduce the maximum height of MU-MS back to 35’, prior to the UDC to preserve the historic look and feel of E Main and protect from potential issues with mass. Changed potential for heigh encroachments for the same reason by adding a footnote to table 2.3 16.02.3 Table 2.3 MU-1 MU-2 MU-MS HC Building Requirements Primary building height, max. (feet) 35 35 40 35[3] 35 [3] No height encroachments are allowed for the MU-MS District except for rooftop mechanical  equipment and solar panels if architecturally screened and set back a minimum of 10 feet from the exterior wall of the building. Amending the Code: Amendments to the Code are subject to an established process. The criteria to amend the Code and an evaluation of the fit with the criteria are presented below. II. Criteria used for evaluating Amendments to the UDC Section 6.4.3. of the UDC provides specific criteria for amending the text of the UDC. The Board shall consider the requested amendments by evaluating each one using the following criteria: i. Is consistent with the Comprehensive Plan; ii. Does not conflict with other provisions of the UDC or Town Code; iii. Is necessary to address a demonstrated community need; iv. Is necessary to respond to changing policy or conditions; v. Is consistent with the purpose and intent of the zoning districts in the UDC, would improve compatibility among land uses, or would result in an orderly and logical development pattern; and vi. Would not result in significantly adverse impacts to the natural environment, including air quality, water quality, wildlife, vegetation, and other natural features of the Town. Each criterion is listed in bold text and staff’s analysis follows each item in plain text. i. Is consistent with the Comprehensive Plan. • Chapter 8 is devoted to History and Heritage. • Goal #2, Policy 1 states, “Policy: New development and infill in proximity to historic districts or buildings should be similar in scale, massing and architectural character of the district or other important properties.” • Goal#2 Policy 3 states, “Buena Vista will create and codify regulations to govern a historic district or resources” While BV does not have an official historic district, E Main de facto serves that basic function. • Goal #4 Action Item, Policy 3 states, “Develop Land Use Code recommendations to provide for the compatibility of new structures in a historic context.” These recommendations refine the Land Use Code relative to historic compatibility. ii. Does not conflict with other provisions of the UDC or Town Code. The proposed amendment does not conflict with other provisions of the UDC or Town Code as there are existing building design guidelines for MU-MS. iii. Is necessary to address a demonstrated community need. The proposed code amendments support the efforts of the Historic Preservation Commission and are intended to preserve the historic look and feel of downtown. These are simple safeguards intended to buttress existing code. There has been direction from the Board of Trustees to improve code related to downtown historic preservation. iv. Is necessary to respond to changing policy or conditions. The proposed code amendments seek to address increased pressure on East Main and growing concern for changing the character of East Main.  v. Is consistent with the purpose and intent of the zoning districts in the UDC, would improve compatibility among land uses, or would result in an orderly and logical development pattern. As proposed, the changes would support the MU-MS zoning district and encourage a desired streetscape corridor along E Main. vi. Would not result in significantly adverse impacts to the natural environment, including air quality, water quality, wildlife, vegetation, and other natural features of the Town. The proposed changes would not result in adverse impact to the natural environment outside of the impact that any development would have through ground disturbance and associated erosive action. The proposed changes have no additional impact. III. Process The proposed changes are submitted for review as an amendment to the Unified Development Code (UDC), as specified in Section 16.04.5 of the Municipal Code for formal consideration. After a recommendation from the Planning and Zoning Commission, the Board of Trustees will consider the proposed changes. If an amendment to the UDC is approved by the Board of Trustees, the new code will go into effect 30 days after publication of the changes, barring any referendum. IV. Conclusion After review of the proposed changes and the analysis of criteria for code changes, the Planning and Zoning Commission should make a motion relative to the proposal and according to the statements below: 1. The Town of Buena Vista is requesting approval of amendments to the Municipal Code; and 2. Notice of the public hearing was posted as required by the Municipal Code; and 3. The application for amendments to the Unified Development Code is consistent with Sections 16.04.5.3 and 16.2.3 of the Unified Development Code, and 4. The application for amendments to the Unified Development Code is consistent with the Comprehensive Plan. THEREFORE The Commission should motion to recommend Approval, Approval with Amendments, or Denial of the proposed Ordinance amending Sections 16.04.5.3 and 16.2.3 of the Unified Development Code related to building design standards in MU-MS zone district. Attachment A – Draft Ordinance (Redlined and Clean)  TOWN OF BUENA VISTA, COLORADO ORDINANCE NO. ___ (SERIES OF 2024) AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA AMENDING BUILDING DESIGN STANDARDS FOR THE MU-MS ZONE DISTRICT WHEREAS, the Board of Trustees desires to amend the building design standards for the MU-MS zone district to incorporate design standards that maintain the historic nature of the zone district and East Main area; and WHEREAS, the Board of Trustees finds that these amendments are in the best interests of the citizens of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA, COLORADO, THAT: Section 1. Section 16.04.4.5.3(A) of the Buena Vista Municipal Code is revised to read as follows: A. Applicability. The nonresidential site and building design standards in this subsection apply to all nonresidential and mixed-use development in the MU-MS district. Section 2. Section 16.04.4.5.3(D)(1) of the Buena Vista Municipal Code is revised to read as follows: 1. Groupings of three or more buildings on adjacent lots shall vary in size and shape. Section 3. Section 16.04.4.5.3(D)(3) of the Buena Vista Municipal Code is revised to read as follows: 3. No single building façade or plane shall exceed thirty (30) feet, measured horizontally, without being broken up or distinguished from another building façade or plane using the following techniques: Section 4. Section 16.04.4.5.3(D)(4) of the Buena Vista Municipal Code is revised to read as follows: 4. Buildings shall incorporate four (4) or more architectural elements or materials that distinguish the base, body, and top of the building. These elements shall include kickplates, display windows with transoms, recessed entry, belt course, upper story windows and cornices. See Figure 4.J. Section 5. Section 16.04.4.5.3 of the Buena Vista Municipal Code is amended by the addition of a new Figure 4.J, with the current Figure 4.J and subsequent figure to be renumbered: 1  Figure 4.J Typical Historic East Main two-story commercial structure Section 6. Section 16.04.4.5.3(E)(1) and (2) of the Buena Vista Municipal Code is revised to read as follows: 1. At least sixty percent (60%) of the ground floor shall be comprised of transparent window openings to allow views of interior spaces; and 2. At least thirty percent (30%) of each upper floor shall be comprised of transparent glazing utilizing a minimum of three (3) vertically oriented windows. The height of these windows shall be at least twice the width. Section 7. Section 16.04.4.5.3(G) of Buena Vista Municipal Code is revised to read as follows: G. Primary Entrance. Buildings shall feature visually-prominent entrances. Unless otherwise provided in this UDC, primary building entrances shall incorporate two (2) or more of the following techniques: 1. Recessed entrance, canopy, portico, archway, arcade, or similar feature that provides architectural interest and protection for pedestrians; or 2. Other techniques deemed comparable by the Town Administrator. Section 8. Section 16.04.4.5.3(H) of the Buena Vista Municipal Code is revised to read as follows: H. Primary Exterior Building Materials. 1. Buildings are allowed to use a variety of exterior durable materials, including: 2  a. Brick, natural stone, or cast stone; b. Horizontal bevel siding comprised of composite or rot-resistant wood. Steel may be used as an accent material only; or c. Comparable material as approved by the Town Administrator. Section 9. Section 16.04.4.5.3 of the Buena Vista Municipal Code is amended by the addition of a new subsection J to read as follows: J. Buildings with Three Floors. If a building will have a third floor, the façade of the third floor shall be set back a minimum of fifteen (15) feet from the front façade of first two floor and designed not to impede the views of the mountains and Courthouse that exist on East Main Street. The exterior building materials on the third floor shall be designed to minimize the visual impact of the third floor. Section 10. Table 2.3, Section 16.02.2.3 of the Buena Vista Municipal Code is revised, in part, to read as follows: MU-1 MU-2 MU-MS HC Building Requirements Primary building height, max. (feet) 35 35 35[3] 35 [3] No height encroachments are allowed for the MU-MS District except for rooftop mechanical equipment and solar panels if architecturally screened and set back a minimum of 10 feet from the exterior wall of the building. Section 11. Severability. If any article, section, paragraph, sentence, clause, or phrase of this Ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Board of Trustees hereby declares that it would have passed this Ordinance and each part or parts hereof irrespective of the fact that any part or parts be declared unconstitutional or invalid. Section 12. Safety. This Ordinance is deemed necessary for the protection of the health, welfare and safety of the community. INTRODUCED, READ, ADOPTED AND ORDERED PUBLISHED this __________ day of ____________________, 2024. 3  TOWN OF BUENA VISTA, COLORADO ORDINANCE NO. ___ (SERIES OF 2024) AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA AMENDING BUILDING DESIGN STANDARDS FOR THE MU-MS ZONE DISTRICT WHEREAS, the Board of Trustees desires to amend the building design standards for the MU-MS zone district to incorporate design standards that maintain the historic nature of the zone district and East Main area; and WHEREAS, the Board of Trustees finds that these amendments are in the best interests of the citizens of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA, COLORADO, THAT: Section 1. Section 16.04.4.5.3(A) of the Buena Vista Municipal Code is revised to read as follows: A. Applicability. The nonresidential site and building design standards in this subsection apply to all nonresidential and mixed-use development in the MU-MS district. Section 2. Section 16.04.4.5.3(D)(1) of the Buena Vista Municipal Code is revised to read as follows: 1. Groupings of three or more buildings on adjacent lots shall vary in size and shape. Section 3. Section 16.04.4.5.3(D)(3) of the Buena Vista Municipal Code is revised to read as follows: 3. No single building façade or plane shall exceed thirty (30) feet, measured horizontally, without being broken up or distinguished from another building façade or plane using the following techniques: Section 4. Section 16.04.4.5.3(D)(4) of the Buena Vista Municipal Code is revised to read as follows: 4. Buildings shall incorporate four (4) or more architectural elements or materials that distinguish the base, body, and top of the building. These elements shall include kickplates, display windows with transoms, recessed entry, belt course, upper story windows and cornices. See Figure 4.J. Section 5. Section 16.04.4.5.3 of the Buena Vista Municipal Code is amended by the addition of a new Figure 4.J, with the current Figure 4.J and subsequent figure to be renumbered: 1  Figure 4.J Typical Historic East Main two-story commercial structure Section 6. Section 16.04.4.5.3(E)(1) and (2) of the Buena Vista Municipal Code is revised to read as follows: 1. At least sixty percent (60%) of the ground floor shall be comprised of transparent window openings to allow views of interior spaces; and 2. At least thirty percent (30%) of each upper floor shall be comprised of transparent glazing utilizing a minimum of three (3) vertically oriented windows. The height of these windows shall be at least twice the width. Section 7. Section 16.04.4.5.3(G) of Buena Vista Municipal Code is revised to read as follows: G. Primary Entrance. Buildings shall feature visually-prominent entrances. Unless otherwise provided in this UDC, primary building entrances shall incorporate two (2) or more of the following techniques: 1. Recessed entrance, canopy, portico, archway, arcade, or similar feature that provides architectural interest and protection for pedestrians; or 2. Other techniques deemed comparable by the Town Administrator. Section 8. Section 16.04.4.5.3(H) of the Buena Vista Municipal Code is revised to read as follows: H. Primary Exterior Building Materials. 1. Buildings are allowed to use a variety of exterior durable materials, including: 2  a. Brick, natural stone, or cast stone; b. Horizontal bevel siding comprised of composite or rot-resistant wood. Steel may be used as an accent material only; or c. Comparable material as approved by the Town Administrator. Section 9. Section 16.04.4.5.3 of the Buena Vista Municipal Code is amended by the addition of a new subsection J to read as follows: J. Buildings with Three Floors. If a building will have a third floor, the façade of the third floor shall be set back a minimum of fifteen (15) feet from the front façade of first two floor and designed not to impede the views of the mountains and Courthouse that exist on East Main Street. The exterior building materials on the third floor shall be designed to minimize the visual impact of the third floor. Section 10. Table 2.3, Section 16.02.2.3 of the Buena Vista Municipal Code is revised, in part, to read as follows: MU-1 MU-2 MU-MS HC Building Requirements Primary building height, max. (feet) 35 35 35[3] 35 [3] No height encroachments are allowed for the MU-MS District except for rooftop mechanical equipment and solar panels if architecturally screened and set back a minimum of 10 feet from the exterior wall of the building. Section 11. Severability. If any article, section, paragraph, sentence, clause, or phrase of this Ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Board of Trustees hereby declares that it would have passed this Ordinance and each part or parts hereof irrespective of the fact that any part or parts be declared unconstitutional or invalid. Section 12. Safety. This Ordinance is deemed necessary for the protection of the health, welfare and safety of the community. INTRODUCED, READ, ADOPTED AND ORDERED PUBLISHED this __________ day of ____________________, 2024. 3  THIS ORDINANCE SHALL BECOME EFFECTIVE THIRTY (30) DAYS FROM PUBLICATION. TOWN OF BUENA VISTA, COLORADO By: ________________________________ Libby Fay, Mayor ATTEST: _________________________________ Paula Barnett, Town Clerk (SEAL) 4  THIS ORDINANCE SHALL BECOME EFFECTIVE THIRTY (30) DAYS FROM PUBLICATION. TOWN OF BUENA VISTA, COLORADO By: ________________________________ Libby Fay, Mayor ATTEST: _________________________________ Paula Barnett, Town Clerk (SEAL) 4