Planning and Zoning Commission - Packets

The Town of Buena Vista Planning & Zoning Commission January 15th, 2025 at 6:00 PM Commission Members and Staff will meet at the Community Center. The public is encouraged to join the meeting in person or 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 – December 4th, 2024 VI. Public Comment VII. New Business A. PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT APPLICATION FOR A SHORT-TERM RENTAL AT 637 E MAIN ST. IN THE MU-MS ZONE DISTRICT. VIII. Staff/Commission Interaction IX. Adjournment  Minutes of the Regular Meeting of the Buena Vista Planning and Zoning Commission December 4th, 2024 CALL TO ORDER A meeting of the Planning and Zoning Commission was called to order at 6:00 PM., on Wednesday, December 4th, 2024, at the Community Center by Chair Preston Larimer. Staff Present: Planning Director Joel Benson, Planner I Caroline Mahoney, Zoning and Development Compliance Specialist Jamie Graves via ZOOM and Planning / Recreation Admin Assistant Alley Kenndy via ZOOM. PLEDGE OF ALLEGIANCE Larimer led in the Pledge of Allegiance. ROLL CALL Mahoney 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 (non-voting) Michael Westheimer Alternate Not Present Dave Kosley Alternate-Elect Present AGENDA ADOPTION Larimer called for approval of the agenda. B. Bennetts motioned to accept the agenda with the change of switching the order of new business items A and B to allow for the new Chair to present plaques to outgoing members of the commission. The motion was seconded by T. Brown. Motion #1 passed. APPROVAL OF MINUTES C. Brown motioned to approve the meeting minutes from November 20th, 2024 as presented. Larimer seconded. Motion #2 passed. PUBLIC COMMENT Public comment was opened at 6:02 PM. With no comments, public comment was closed at 6:02 PM. NEW BUSINESS Larimer thanked the Commission before opening new business, which began with the appointment of a new Chair. B. Bennetts motioned to elect Vice Chair LaGreca as the new Chair. T. Brown seconded the motion. Motion #3 passed unanimously and LaGreca was elected Chair. T. Brown motioned to elect Blake Bennetts as Vice Chair. Chair-elect LaGreca seconded the motion. Motion #4 passed unanimously and B. Bennetts was elected as Vice Chair. LaGreca then presented plaques to outgoing members Larimer and C. Brown, thanking them for their years of service. Larimer then opened new business item C., cancellation of the January 1st, 2025 meeting due to the Town holiday. LaGreca motioned to cancel the January 1st, 2025 regular meeting of the commission. C. Brown seconded. Motion #5 unanimously, concluding new business. The next regular meeting of the Commission will take place January 15th, 2025. STAFF / COMMISSION INTERACTION Benson provided an update on the final closing dates of the Chicago Ranch annexation. This will be Benson’s last meeting as Planning Director with the hiring of a replacement completed. The new Planning Director will be present at the upcoming January 15th, 2025 regular commission meeting. A discussion took place regarding Code process for major subdivision applications and ways to improve it for all. Staff provided updates to the Recreation Survey and Comprehensive Plan process. LaGreca provided an update on the Water Conservation Plan progress. The commissioners and staff discussed Chaffee County’s new Land Use Code and how it could impact water, sanitation, utilities and transportation, among other impacts. The commissioners and Town staff intend to schedule a meeting with Chaffee County to discuss the changes. _____________________________________________________________________________________ ADJOURNMENT There being no further business, Larimer motioned to adjourn the meeting. C. Brown seconded. Motion #6 passed. Respectfully submitted: ______________________________________ Tony LaGreca, Chair Date ______________________________________ Caroline Mahoney, Planner I Date DATE: January 7, 2025 HEARING DATE: January 15, 2025 TO: Planning and Zoning Commission FROM: Jamie Graves, Zoning and Development Compliance Specialist AGENDA ITEM: A request by Edward Carriere for the renewal of a Special Use Permit for a short-term rental at 637 East Main St. Staff Recommendation: The Planning and Zoning Commission approve, approve with conditions, or deny the requested renewal of a Special Use Permit (SUP) for a single short-term rental in the MU-MS zone district, located at 637 East Main Street. The following conditions for approval include: Special Use Permit: 1. The Owner shall continue with the 2022 approved conditions listed below, as well as any Town ordinance: • Instruct all visitors and tenants that overnight parking is not allowed on East Main Street, and any vehicle/s may be towed at the owner’s expense, in the property’s rental materials. • The Owner shall adhere to short-term rental licensing requirements upheld by the Town Clerk, which includes annual renewal. 2. The Owner shall adhere to any Town staff requirements for public improvements along East Main Street and Evans Street. • Town staff requires a fee-in-lieu for 5’ wide sidewalks, as well as curb and gutter, along the frontages of Evans Street and East Main Street paid before the expiration of the current SUP set for June 1, 2025. 3. Owner shall have an approved Access Permit prior to June 1, 2025. 4. Town staff may request additional applications or information between now and the expiration date. Attachments to the Report: Attachment A – Vicinity Map Attachment B – Zoning Map Attachment C – Site Photos Attachment D – Site Plan  January 10, 2025 637 E. Main Street Page 2 Attachment E – 2022 Staff Report and Resolution I. SUMMARY OF REQUEST The applicant, Edward W. Carriere Jr., submitted a Special Use Permit application for the renewal of a short-term rental at the existing single-family residence located at 637 East Main Street. II. BACKGROUND AND CONDITIONS FOR 2025 RENEWAL A SUP was approved for the allowance of a short-term rental at 637 East Main Street in 2022 with conditions. Those conditions included, but were not limited to, an expiration of the SUP after three (3) years and improvements along East Main Street and Evans Street to be installed before the renewal. Former staff set this expiration date to allow the Owner time to propose plans for the property’s redevelopment to align with Goal 1, Chapter 3 of the 2015 Comprehensive Plan. As of 1/09/2025, no plans for improvements have been provided by the Owner. Town staff requests a fee-in-lieu as an alternative to installation of public improvements. If the Owner agrees to the terms of this agreement, payment and an approved access permit will be required prior to the June 1, 2025 expiration of the 2022 SUP. If these requests are not met by the expiration date, the short- term rental license will not be renewed, and the Special Use Permit will be null and void. Additionally, if the Owner agrees to the terms of this agreement, an expiration date would not be tied to the 2025 Special Use Permit unless requested by the Commission. The Owner will continue to be required to renew their short-term rental license annually per Ordinance Ordinance No. 15, Series 2021. III. SITE AND ZONING The existing building, a single-family residence, was built in 1967, and currently sits on 3, 25’ wide old town lots on East Main Street. In 2013 it was placed under The Foreman Living Trust and was subsequently purchased in November 2020 by the current property owner, Aesthetic Acres LLC. The property is located at the Southwest corner of the intersection of East Main Street and Evans Street, across from New Bees Thrift Store and the Town tennis courts. Until its purchase in November 2020, it served as a single-family residence. It is located within the MU-MS (Mixed-Use Main Street) zone district, which requires a Special Use Permit for short-term rentals. In addition, the property is in a unique situation. Single-Family homes are not an allowed use in this zone district, and this property has the only such building in the zone district. IV. PROCESS – REQUIRED APPROVALS Staff have reviewed the SUP application and are looking for the Planning and Zoning Commission to approve, approve with conditions, or deny the submitted application as the Commission is the decision-making body of SUPs through a public hearing. In addition, the applicant has submitted a short-term rental renewal application as required and is compliant with the short-term rental requirements as of 1/09/2025. The 2025 short-term rental license renewal is contingent upon the approval of this SUP.  January 10, 2025 637 E. Main Street Page 3 V. ANALYSIS – ZONING AND LAND USE North South West East Adjacent MU-MS MU-2 MU-MS MU-MS Zoning Designation Adjacent Land Use Commercial Single-Family Residential Vacant Vacant See Attachment A - Vicinity Map, Attachment B - Zoning Map, Attachment C – Site Photos, and Attachment D – Site Plan VI. 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. 1. The proposed use is consistent with the Comprehensive Plan and the purposes of the UDC. The 2015 Comprehensive Plan states in Goal #2 that Buena Vista will “…support and expand the role of tourism and tourist-related business in the local economy.” The plan also identifies the need to “promote tourist use of the historic downtown by directing pass-through traffic from Highway 24 to East Main Street.” Using an otherwise non-conforming property on East Main Street as a short-term rental will add another lodging opportunity on East Main Street for tourists, offering a walkable lodging option for visitors to easily access businesses on East Main Street as well as the Town’s Barbara Whipple Trail System, the River Park, and other parks. If the Owner agrees to the conditions of fee-in-lieu for public improvements, then the use will be consistent with the section of the 2015 Comprehensive Plan that identifies the desire to revitalize East Main Street through enhanced landscaping, appropriate infrastructure installation, and infill development in accordance with the UDC. 2. The proposed use complies with applicable use-specific standards. The short-term rental use will comply with the five (5) outlined use-specific standards as specified in Section 16.3.2.3.I.: 1. All applicable taxes and fees shall be paid prior to operating a short-term rental. 2. Occupancy for a short-term rental shall not exceed thirty (30) days. 3. Short-term rentals shall have valid Town licenses as required, prior to and during any time a unit is rented. 4. Short-term rentals shall provide a snow removal plan that complies with the Town's snow removal requirements.  January 10, 2025 637 E. Main Street Page 4 5. Short-term rentals shall comply with the state sanitary standards and regulations for public accommodations in 6 CCR 1010-14. 3. The proposed use complies with all other standards in this UDC. The short-term rental use is in an existing non-conforming single-family residence on East Main Street. No changes in the building’s footprint, height, or setbacks are proposed with the SUP. Should any future additions or remodels be proposed, they will be subject to the requirements of the Municipal Code and applicable Building Codes in effect at the time of that work. 4. 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. While the MU-MS district is not intended for single-family dwellings, the structure currently exists as a non-conforming structure and the SUP would allow it to be utilized to provide lodging for tourists, meeting the intent of the MU-MS zone district. 5. Impacts of the use on the surrounding neighborhood have been adequately minimized. The building will not change from its current footprint. The Owner will be responsible for ensuring that guests adhere to all Town ordinances, including noise, snow removal, and landscaping as outlined in Chapter 7 of the Municipal Code. Penalties can result in a warning, fine, and then the revocation of the short-term rental license. In 2022, staff confirmed that there is sufficient off-street parking for guests to prevent overnight parking on East Main Street, as overnight parking is prohibited there. The 2025 staff review indicates that an access permit will be necessary to further reduce traffic impacts on East Main Street. 6. The proposed use does not adversely impact the public health, safety, and welfare of the Town. The proposed short-term rental use will not adversely impact the public’s health, safety, and welfare if the Owner continues to adhere to the short-term rental licensing requirements and Town ordinance. An approved access permit will only enhance the safety of this location. VII. CONCLUSION AND RECOMMENDATION  January 10, 2025 637 E. Main Street Page 5 Based upon the information and materials provided by the applicant and in the staff report, staff will uphold the outcome of the public hearing by the Commission, which may be approved, approved with conditions or denied. THEREFORE A. If the Planning and Zoning Commission accepts the conclusion and staff report, it should approve, approve with conditions, or deny the renewal of the Special Use Permit in the MU-MS Zoning District short-term rental located at 637 E. Main Street. The following conditions would include: 1. The Owner shall continue with the 2022 approved conditions listed below, as well as any Town ordinance: a. Instruct all visitors and tenants that overnight parking is not allowed on East Main Street, and any vehicle/s may be towed at the owner’s expense, in the property’s rental materials. b. The Owner shall adhere to short-term rental licensing requirements upheld by the Town Clerk, which includes annual renewal. 2. The Owner shall adhere to any Town staff requirements for public improvements along East Main Street and Evans Street. a. Town staff requires a fee-in-lieu for 5’ wide sidewalks, as well as curb and gutter, along the frontages of Evans Street and East Main Street paid before the expiration of the current SUP set for June 1, 2025. 3. Owner shall have an approved Access Permit prior to June 1, 2025. 4. Town staff may request additional applications or information between now and the expiration date.  January 10, 2025 637 E. Main Street Page 6 Attachment A - Vicinity Map  January 10, 2025 637 E. Main Street Page 7 Attachment B – Zoning Map  January 10, 2025 637 E. Main Street Page 8 Attachment C – Site Photos Note: Due to snow preventing a clear site review, photos from 2022 were used for this staff report. No changes have been made to the property. View Southeast from Main Street of 637 East Main Street View West of 637 East Main Street from South Evans Street  January 10, 2025 637 E. Main Street Page 9 View West from the front of 637 East Main Street of the lack of sidewalks along East Main Street View South to 637 East Main Street from East Main Street  January 10, 2025 637 E. Main Street Page 10 View East from the adjacent property toward 637 East Main Street. View East of the adjoining properties with sidewalk across South Evans Street.  January 10, 2025 637 E. Main Street Page 11 View South of the Alley from 637 East Main Street  January 10, 2025 637 E. Main Street Page 12 Attachment D – Site Plan  January 10, 2025 637 E. Main Street Page 13 Attachment E – 2022 Staff Report and Resolution  NOTICE OF PUBLIC HEARING FOR A SPECIAL USE PERMIT Notice is hereby given that a Public Hearing will be held before the Planning & Zoning Commission of the Town of Buena Vista, Colorado to consider a Special Use Permit for a short-term rental located at 637 East Main Street in the Mixed-Use Main Street zone district. The meeting will be held at 6:00 pm on Wednesday, January 15, 2025. Members of the Planning & Zoning Commission will meet at the Community Center at 715 E. Main St. The Public is encouraged to attend in-person or virtually using the Zoom information below. Conferencing Access Information: https://us06web.zoom.us/j/6167636701?pwd=dDR3bldCRzRVMjhEaGV5SHZYZmxpdz 09 Meeting ID: 616 763 6701 Passcode: y55sbm Additional information may be obtained from the Town of Buena Vista Planning Department at 719-581-1166, or at planning@buenavistaco.gov. DATE: May 27, 2022 HEARING DATE: June 1, 2022 TO: Planning and Zoning Commission FROM: Doug Tart, Planning Technician AGENDA ITEM: A request by Edward Carriere for Special Use Permit for a short-term rental at 637 East Main St. Staff Recommendation That the Planning and Zoning Commission approve the proposed Special Use Permit for a single short- term rental use in the MU-MS zone district located at 637 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 and maintain both a short-term rental license and business license prior to and during its use as a short-term rental. 3. The Owner shall provide a written snow removal plan that complies with the Town's snow removal requirements listed in the Municipal Code to Code Enforcement within 30 days of the Commission’s approval. 4. The Special Use Permit shall expire in three (3) years from the date approval. At that time, the Special Use Permit would need to be renewed as a new application as a public hearing in front of the Planning and Zoning Commission. Upon renewal of the Special Use Permit, the Owner shall be responsible for any public improvements, including but not limited to sidewalk installation on both E. Main St. and Evans St. 5. The Owner shall maintain the landscaping per Section 7-73 of the Buena Vista Municipal Code. Attachments to the Report: Attachment A – Vicinity Map Attachment B – Zoning Map Attachment C – Site Photos Attachment D – Site Plan Attachment E – Draft Resolution  May 27, 2022 637 E. Main Street Page 2 I. SUMMARY OF REQUEST The applicant, Edward W. Carriere Jr., has submitted a Special Use Permit application for a short-term rental at the existing single-family residence located at 637 E. Main St. II. HISTORY AND BACKGROUND The existing building, a single-family residence, was built in 1967, and currently sits on 3, 25’ wide old town lots on East Main Street. In 2013 it was placed under The Foreman Living Trust and was subsequently purchased in November 2020 by the current property owner, Aesthetic Acres LLC. The property is located at the Southwest corner of the intersection of East Main Street and Evans Street, across from New Bees Thrift Store and the Town tennis courts. Until its purchase in November 2020, it served as a single-family residence. It is located within the MU-MS (Mixed-Use Main Street) zone district, which requires a Special Use Permit for short-term rentals. In addition, the property is in a unique situation. Single-Family homes are not an allowed use in this zone district, and this property has the only such building in the zone district. III. PROCESS – REQUIRED APPROVALS The applicant submitted a Special Use Permit (SUP) application for the short-term rental 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 conditional approval by the Planning and Zoning Commission. Special Use Permit approvals are decided by the Planning and Zoning Commission via public hearing. In addition, the applicant has submitted a short-term rental application as required per Section 6 Article VII of the Town of Buena Vista Municipal Code. The short-term rental application has been reviewed by the Town Clerk and was deemed complete pending approval of the Special Use Permit and the passing of the inspection by Chaffee County Fire Protection District. IV. ANALYSIS – ZONING AND LAND USE North South West East Adjacent MU-MS MU-2 MU-MS MU-MS Zoning Designation Adjacent Land Use Commercial Single-Family Residential Vacant Vacant See Attachment A - Vicinity Map, Attachment B - Zoning Map, Attachment C – Site Photos, and Attachment D – Site Plan  May 27, 2022 637 E. Main Street Page 3 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. 1. The proposed use is consistent with the Comprehensive Plan and the purposes of the UDC. The Comprehensive Plan states in Goal #2 that Buena Vista will “…support and expand the role of tourism and tourist-related business in the local economy.” It also identifies the need to “promote tourist use of the historic downtown by directing pass-through traffic from Highway 24 to East Main Street.” Using an otherwise non-conforming property on East Main Street as a short-term rental will add another lodging opportunity on East Main Street for tourists, offering a walkable lodging option for visitors to easily access businesses on East Main Street as well as the Town’s Whitewater Park, Barbara Whipple Trail System, Bike Park, and Dog Park. It should be noted that the Comprehensive Plan also identifies the desire to revitalize East Main Street through enhanced landscaping, appropriate infrastructure installation, and infill development in accordance with the UDC. The Town’s desire for new infill development significantly influenced staff’s recommendation to place an expiration date on the Special Use Permit after three (3) years. Due to the fact that there are currently no design specifications for sidewalks on Block 23 along East Main Street, staff is not recommending collecting a sidewalk fee-in-lieu or installation of sidewalks by the property owner at this time. The recommendation for this three-year expiration is based in the Comp Plan. Goal 1 of Chapter 3, which states “Buena Vista will develop commercial design standards in the Land Use Code applicable to appropriate zone districts, including the Highway 24 corridor and downtown core, to ensure that commercial development complements and promotes the Town’s desired image.” The intent of both the applicant and the Town is that by allowing a Short-term Rental to occur for up to three years, the applicant has time to put together plans for the property’s redevelopment in line with the Comp plan. 2. The proposed use complies with applicable use-specific standards. The short-term rental use will comply with the five (5) outlined use-specific standards as specified in Section 16.3.2.3.I.: 1. All applicable taxes and fees shall be paid prior to operating a short-term rental. 2. Occupancy of a short-term rental shall not exceed thirty (30) days. 3. Short-term rentals shall have valid Town licenses as required, prior to and during any time a unit is rented. 4. Short-term rentals shall provide a snow removal plan that complies with the Town's snow removal requirements.  May 27, 2022 637 E. Main Street Page 4 5. Short-term rentals shall comply with the state sanitary standards and regulations for public accommodations in 6 CCR 1010-14. 3. The proposed use complies with all other standards in this UDC. The proposed short-term rental use is located in an existing non-conforming single-family residence on East Main Street. No changes in the building’s footprint, height, or setbacks are proposed with the SUP. Should any future additions or remodels be proposed, they will be subject to the requirements of the Municipal Code and applicable Building Codes in effect at the time of that work. 4. 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. While the MU-MS district is not intended for single-family dwellings, the structure currently exists as a non-conforming structure and the SUP would allow it to be utilized to provide lodging for tourists, meeting the intent of the MU-MS zone district. 5. Impacts of the use on the surrounding neighborhood have been adequately minimized. The building will not change from its current footprint. The property owner will be responsible for ensuring that guests adhere to the Town’s noise ordinance as outlined in Chapter 7 Article 7 of the Municipal Code. Violations of the Town’s noise ordinance will result in the penalties as outlined in Section 6-128 of the Municipal Code, which can result in a warning, fine, and then the revocation of the short-term rental license. Because no overnight parking is permitted on East Main Street, the off-street parking requirement is being adequately met through the provided parking on the property. The existing off-street parking exceeds the minimum requirement of 1.5 spaces per 25 feet of street frontage (5 spaces). Guests who park overnight on East Main Street will be subject to towing. 6. The proposed use does not adversely impact the public health, safety, and welfare of the Town. The proposed short-term rental use will not adversely impact the public’s health, safety, and welfare if the owner prepares and follows a snow removal plan for the uses in the entire property and complies with the snow removal requirements listed in the Municipal Code. Staff has included a proposed condition of approval for that element as part of the SUP.  May 27, 2022 637 E. Main Street Page 5 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 a short-term rental use at 637 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 a short-term rental 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. 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 short- term rental located at 637 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 short-term rental license and business license prior to and during its use as a short-term rental. 3. The Owner shall provide a written snow removal plan that complies with the Town's snow removal requirements listed in the Municipal Code to Code Enforcement within 30 days of the Commission’s approval. 4. The Special Use Permit shall expire in three (3) years from the date approval. At that time, the Special Use Permit would need to be renewed as a new application at a public hearing in front of the Planning and Zoning Commission. Upon renewal of the Special Use Permit, the Owner may be responsible for any public improvements, including but not limited to sidewalk installation on both E. Main St. and Evans St. 5. The Owner shall maintain the landscaping per Section 7-73 of the Buena Vista Municipal Code.  May 27, 2022 637 E. Main Street Page 6 Attachment A - Vicinity Map  May 27, 2022 637 E. Main Street Page 7 Attachment B – Zoning Map  May 27, 2022 637 E. Main Street Page 8 Attachment C – Site Photos View Southeast from Main Street of 637 East Main Street View West of 637 East Main Street from South Evans Street  May 27, 2022 637 E. Main Street Page 9 View West from the front of 637 East Main Street of the lack of sidewalks along East Main Street View South to 637 East Main Street from East Main Street  May 27, 2022 637 E. Main Street Page 10 View East from the adjacent property toward 637 East Main Street. View East of the adjoining properties with sidewalk across South Evans Street.  May 27, 2022 637 E. Main Street Page 11 View South of the Alley from 637 East Main Street  May 27, 2022 637 E. Main Street Page 12 Attachment D – Site Plan  May 27, 2022 637 E. Main Street Page 13 Attachment E – Draft Resolution  TOWN OF BUENA VISTA PLANNING COMMISSION RESOLUTION NO. 03 SERIES 2022 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION FOR THE TOWN OF BUENA VISTA, COLORADO, CONDITIONALLY APPROVING A SPECIAL USE PERMIT FOR A SHORT-TERM RENTAL IN A SINGLE-FAMILY DWELLING LOCATED ON PROPERTY MORE SPECIFICALLY DESCRIBED AS LOTS 14 THROUGH 16, BLOCK 23, TOWN OF BUENA VISTA (637 EAST MAIN STREET). WHEREAS, Aesthetic Acres LLC (“Owner”) owns the property described as Lots 14 through 16, Block 23, Town of Buena Vista, Colorado, (“Property”), located in Mixed Use – Main Street (MU- MS) Zone District; WHEREAS, pursuant to Table 3.1 in Section 16.03.3.1.4 of the Buena Vista Municipal Code (the “Code”), in the MU-MS Zone District, short term rentals require a special use permit; WHEREAS, Edward W. Carriere Jr. (the “Applicant”) filed an application, on behalf of the Owner, for a special use permit to allow a short-term rental in a single-family dwelling to be located on the Property; WHEREAS, on June 1, 2022, 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. However, the Comprehensive Plan, Goal 1 of Chapter 3, states “Buena Vista will develop commercial design standards in the Land Use Code applicable to appropriate zone districts, including the Highway 24 corridor and downtown core, to ensure that commercial development complements and promotes the Town’s desired image.” The Town intends develop these standards in accordance the goal in its Comprehensive Plan and the Owner intends to develop the property in the future in accordance with the Town’s standards but desires to use the property as a short-term rental in the interim. The Town is willing to allow short term rental for a limited period of time, as outlined in the condition below, to allow both the 1  Owner time to develop plans for the Property in accordance with the commercial design standards. 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 as a short-term rental. 4. The MU-MS zone district is intended to allow for a vertical or horizontal mix of residential and commercial land uses except single-family dwellings along East Main Street in downtown Buena Vista, and other "main street" developments throughout the Town. The district is intended to maintain a vibrant downtown with shopping opportunities, offices, entertainment, lodging, and civic uses. The proposed use is consistent with the purpose of the MU-MS zone district as proposed. The individually- owned residential units, whether they are used for long-term residential or short-term rentals (under 30 days), plus the commercial uses will result in more vibrant downtown. 5. Impacts of the use on the surrounding neighborhood have been adequately minimized, subject to the conditions imposed below. 6. The proposed short-term rental of a residential dwelling will not adversely impact the health, safety, and welfare of the Town, if the conditions are met. Should the regulations for short-term rentals ever change in the future, the proposed short-term rental will be subject to those requirements at that time. Section 2. The Planning and Zoning Commission hereby approves the Special Use Permit, subject to the following conditions: 1. The 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 short-term rental license and business license prior to and during its use as a short-term rental. 3. The Owner shall provide a written snow removal plan that complies with the Town's snow removal requirements listed in the Municipal Code to Code Enforcement within 30 days of the Commission’s approval. 4. The Special Use Permit shall expire in three (3) years from the date approval. At that time, the Owner will be required to submit a new application for a Special Use Permit for continued use of the Property as a short term rental. During any gap in approvals from the Town, the Property may not be used as a short term rental. 5. The Owner shall maintain the landscaping per Section 7-73 of the Buena Vista Municipal Code, as may be amended. 2  Section 3. The Special Use Permit shall be a covenant that runs with the land for a period of three years from the date of approval. After such period, this Permit shall terminate. ADOPTED this ____ day of ________________, 2022. Preston Larimer, Chair ATTEST: _________________________ Paula Barnett, Town Clerk 3