Planning and Zoning Commission - Packets

AGENDA PLANNING AND ZONING COMISSION TOWN OF BUENA VISTA, COLORADO May 21, 2025 7:00 PM In-person Meeting will be held at the Buena Vista Community Center with alternate zoom link availability for the public to also attend virtually. To participate in Public Comment and/or Public Hearings you must attend in-person or use the following link: https://us06web.zoom.us/j/87822908708?pwd=72vEGLNBxthCN0OYKue7rbshbxDzRb.1 Meeting ID: 878 2290 8708 Passcode: BVP&Z I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. AGENDA ADOPTION V. APPROVAL OF MINUTES – May 7, 2025 VI. PUBLIC COMMENT VII. BUSINESS ITEMS A. SUP for a Short-term Rental at 637 E Main Street (Heard previously at the January 15 meeting) B. SUP for Co-housing and single room occupancy at 1004 W Main Street. VIII. STAFF/Commission Interaction IX. ADJOURNMENT Next meeting – June 4, 2025 This Agenda may be Amended Posted at Buena Vista Town Hall and www.buenavistaco.gov 1  Planning & Zoning Commission & Steering Committee Joint Work Session Wednesday, May 7, 2025, 7:00 p.m. Buena Vista Community Center Tony called the meeting to order at 7:01 p.m.. Pledge of Allegiance: Tony LaGreca Roll Call: Ally Kennedy Quorum? Yes Attendee Name Title Present? Tony LaGreca Chair Present Blake Bennetts Vice Chair Present Tina Bennetts Commissioner Present Michael J. Westheimer Commissioner Not Present Dave Kosley Alternate Present Jared Lane Alternate Present Staff Present: Marika Kopp: present Ally Kennedy: present Jamie Graves: virtual Members of the Steering Committee were also in attendance. Blake Bennetts moved to approve the agenda, Dave Kosley seconded, motion passed unanimously. Jared Lane motioned to ratify the minutes from the April 16th meeting, Dave Kosley seconded, passed unanimously. Public Comment: None ; public comment was closed at 7:04 p.m.. Business Items: Joint Work Session with Comprehensive Plan Steering Committee to review the draft of the 2025 Comprehensive Plan ● SE Group, with Gabby attending in person and Julia virtually, provided an overview of the draft Comprehensive Plan, emphasizing the importance of incorporating feedback at this stage to guide revisions. The team suggested reformatting some chapters to improve navigation, while noting that this could reduce alignment with the collective vision statement. Live links were proposed as a tool to make the plan more user-friendly. 2  ● In the Land Use and Community Character section, the group recommended reorganizing certain suggestions—particularly those related to transportation—and integrating annexation discussions with the Water Action Plan. There was interest in clarifying how annexation decisions are made, ensuring consistency between Planning & Zoning Commission and Board of Trustees votes, and using the Future Land Use Map alongside the three-mile plan to better reflect community preferences. Improving map clarity by adding cross streets and identifying school- related safe street areas was also discussed. ● The Transportation and Community Services section may be better served as two separate chapters. Key feedback included addressing service gaps in neighborhoods beyond East and West Main, adding incentives for xeriscaping and conservation education, and re-evaluating the existing parking fee-in-lieu policy. Maintaining reliable electric infrastructure was flagged as a critical need. ● In the Community Spirit chapter, the committee recommended adding strategies for collaboration with local spiritual and social organizations, as well as promoting safe, clean, and welcoming community spaces. The use of regional branding tools like “Colorful Colorado” was also encouraged. In the Environment section, participants raised concerns about risks from historic slag deposits and advocated for stronger language linking environmental health to the town’s safety and identity. Suggestions included pursuing wildfire-related grants and improving enforcement of fire bans and camping restrictions. ● For Economy and Housing, there was strong feedback around preserving Buena Vista’s small- town character by discouraging big box store development and supporting local businesses. The group proposed adding “year-round” to the vision statement and emphasized the need for incentives that give developers more flexibility in delivering affordable housing options. Concerns were also raised about current AMI thresholds excluding essential workers, the importance of inclusive terminology for child and elder care, and the need for better tracking of short-term rentals, including regular reviews and spatial mapping. ● In the Recreation and Lifestyle chapter, trustees appreciated the focus on local residents and suggested introducing a parks and open space fee-in-lieu for new developments, similar to the school impact fee. They also recommended condensing recreation survey data and placing more emphasis on fine arts. ● Next steps include SE Group finalizing the plan based on this input and presenting the next draft to the Board of Trustees in a public meeting. Following public comment, the plan will go to the Planning and Zoning Commission for recommendation before returning to the Board of Trustees for final approval. Staff/Commission Interaction The planning department is now fully staffed, Carly Croft will begin Monday, May 19th. Adjournment: Lane motioned to adjourn meeting, Kosley seconded; motion passed at 9:42 p.m. Next Planning & Zoning Commission Meeting: Wednesday, May 21st, 7:00 p.m. 3 Respectfully submitted: Tony LaGreca Commission Chair Ally Kennedy Planning Department Admin Assistant 4  PLANNING AND ZONING COMMISSION STAFF REPORT May 21, 2025 Project Details Project Name 637 E Main St SUP Project Type Special Use Permit Location 637 E Main St, SW corner of E Main St and Evans Street Edward Carriere Applicant Staff Planner Marika Kopp Property Owner Project Summary This is the second review of a Special Use Permit to renew the allowance of a short-term rental at the existing single- family residence located at 637 East Main St. The Commission reviewed this request on January 15, 2025, but the hearing was continued to a date uncertain to allow the applicant and staff time to determine final fee-in-lieu fees conditioned with the approval of this request. Planning and Zoning Commission Review A special use permit requires noticed public hearings with the Planning and Zoning Commission. The Planning and Zoning Commission shall review the special use permit application and approve, approve with conditions, or deny the special use permit pursuant to Section 6.5.2 and the criteria in subsection b. The relevant criteria, along with staff analysis, are found in section VII of this staff report. The Role of the Planning and Zoning Commission • Conduct a public hearing on the rezone request and special use permit proposal; • Make a determination on the special use permit proposal based on compliance with the associated criteria from the UDC, provided in this report. I. Attachments Attachment A – Staff Powerpoint Presentation Attachment B – Site Plan Attachment C – Site Photos Attachment D – 2022 Staff Report 5 II. Maps and Exhibits Vicinity Map Zoning Map 2 6 III. 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. IV. Project Description 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 5/15/2025, 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 renewal of the STR license due by October 31, 2025. 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 No. 15, Series 2021. This request was reviewed by the Planning and Zoning Commission January 15, 2025. Prior to the applicant agreeing to the proposed conditions, the Commission requested that staff and the applicant meet to identify what those fees would be. The applicant requested that the fee in lieu payment be delayed until the Town was prepared to build the sidewalks. Town staff did not agree to that request as fee-in-lieu is required prior to operation or subdivision. As a compromise, the Town agreed to delay the payment requirement until the required renewal in October, 2025. This allows the applicant to operate and collect revenue during the summer that can then be used to pay the fee-in-lieu costs. V. Site Data Land Area +/- .22 acres Existing Buildings Single-family home and shed Access Unapproved Access from E Main Street and Evans Water Provider Town of Buena Vista Wastewater Provider Buena Vista Sanitation District Electric Provider Sangre de Cristo Electric Association Floodplain Not within a floodplain or floodway 3 7 VI. Subject Property and Adjacent Property Designations Existing Zoning Existing Land Use(s) MU-MS Mixed Use Main Street Single-family residential (legally nonconforming) Subject Property Adjacent North MU-MS Mixed Use Main Street Commercial Construction Storage Adjacent East MU-MS Mixed Use Main Street Vacant Adjacent South MU-2 Mixed Use 2 Single Family Residential Adjacent West MU-MS Mixed Use Main Street Vacant VII. Criteria and Findings for Approval: The Planning and Zoning Commission must consider if the criteria for a major site plan have been met. The criteria from the Unified Development Code are shown in Bold type, followed by the staff analysis. Criteria - Special Use Permit 1. The proposed use is consistent with the Comprehensive Plan and the purposes of this UDC; Finding: Staff finds that the criterion has been conditionally met. Analysis: 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, for short-term rental Use standards from Section 16.03.2.3.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. 5. Short-term rentals shall comply with the state sanitary standards and regulations for public accommodations in 6 CCR 1010-14. Finding: Staff finds that the criterion has been conditionally met. Analysis: While the property is currently operating as a STR, the current SUP expires June 1, 2025. The applicant must submit an updated STR license for renewal of operations following June 1, 2025. The applicant is then again subject to following the codified annual renewal process verifying compliance with the applicable use standards. 3. The proposed use complies with all other standards in this UDC; Finding: Staff finds that the criterion has been conditionally met. Analysis: 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; 4 8 Finding: Staff finds that the criterion has been met. Analysis: 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; Finding: Staff finds that the criterion has been met. Analysis: 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; and Finding: Staff finds that the criterion has been met. Analysis: 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. 7. There is adequate water available from Town's water system to serve the subject property pursuant to the Town's water allocation policy and subsection 16.04.4.8.1 at the time of application. Finding: Staff finds that the criterion has been met. Analysis: The property is currently served by the Town of Buena Vista Water department. No additional water infrastructure or allocation is necessary based on the requested use. VIII. Conclusion and Recommendation Based upon the information and materials provided by the applicant and included in the staff report, the Planning and Zoning Commission shall approve, approve with conditions or deny the special use permit: 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 ft sidewalk along Main and Evans and curb and gutter along Main be paid with the renewal of the STR license by October 31, 2025. The fee was determined based on Lots 14, 15, and 16 of Block 23 per the 1996 Plat P1 for a total length of 75 ft along E Main St. Total amount due: 5 9  Sidewalk: $15,000.00 (1,000 sq.ft. @ $15/sq ft) 75x5ft along Main St. and 125x5ft along Evans Curb & Gutter: $3,311.25 (75 l.f. @ $44.15/l.f.) 75 ft along Main St only Total: $18,311.253. 3. Owner shall have an approved Access Permit prior to next STR renewal. THEREFORE: If the Planning and Zoning Commission accepts the conclusions and recommendations as presented in this staff report, the Commission should APPROVE WITH CONDITIONS the Special Use Permit for the 637 E Main St SUP. TOWN OF BUENA VISTA PLANNING AND ZONING APPROVAL ___________________________________________ ______________________ Tony LaGreca, Chair of Planning and Zoning Commission Date Attest: _____________________________________ ______________________ Ally Kennedy, Planning Administrative Assistant Date copy: Ed Carriere edwardcarriere@me.com 6 10  637 E MAIN ST SPECIAL USE PERMIT Planning and Zoning Commission Marika Kopp, Planning Director May 21, 2025 Attachment A 11  Agenda 1. Staff Presentation 2. Applicant Presentation 3. Public Comment 4. Commissioner Questions 5. Commissioner Discussion and Vote Attachment A 12 PURPOSE  To hold a public meeting  To review and decide on a special use application for a STR at 637 E Main St Attachment A 13  SUMMARY  +/- .22 acres  Single-family home and shed  Seeking allowance of continuation of STR  Zoned: MU-MS  Existing access is unapproved Attachment A 14 EXISTING CONDITIONS Attachment A 15  CRITERIA FOR APPROVAL OF SPECIAL USE PERMIT 1. The proposed use is consistent with the Comprehensive Plan and the purposes of this UDC; 2. The proposed use complies with applicable use-specific standards; 3. The proposed use complies with all other standards in this UDC; 4. The proposed use is consistent with the purpose statement of the underlying zoning district; 5. Impacts of the use on the surrounding neighborhood have been adequately minimized; 6. The proposed use does not adversely impact the public health, safety, and welfare of the Town; and 7. There is adequate water available from Town's water system to serve the subject property Attachment A 16  RECOMMENDED CONDITIONS 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 ft sidewalk along Main and Evans and curb and gutter along Main be paid with the renewal of the STR license by October 31, 2025. The fee was determined based on Lots 14, 15, and 16 of Block 23 per the 1996 Plat P1 for a total length of 75 ft along E Main St. Total amount due: Sidewalk: $15,000.00 (1,000 sq.ft. @ $15/sq ft) 75x5ft along Main St. and 125x5ft along Evans Curb & Gutter: $3,311.25 (75 l.f. @ $44.15/l.f.) 75 ft along Main St only Total: $18,311.253. 3. Owner shall have an approved Access Permit prior to next STR renewal. Attachment A 17 Attachment B – Site Plan Attachment B 18  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 Attachment C 19 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 Attachment C 20  View East from the adjacent property toward 637 East Main Street. View East of the adjoining properties with sidewalk across South Evans Street. Attachment C 21 View South of the Alley from 637 East Main Street Attachment C 22 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 Attachment D 23  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 Attachment D 24  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. Attachment D 25  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. Attachment D 26  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. Attachment D 27  PLANNING AND ZONING COMMISSION STAFF REPORT May 21, 2025 Project Details Project Name 1004 W Main St SUP PZ 25-017 Project Type Special Use Permit Location 1004 w Main Street, NW Corner of W Main Street and N Sangre De Cristo Ave Robin and Randy King Applicant Staff Planner Marika Kopp Owners, Vista Court Cabins Project Summary The Town has received an application for a Special Use Permit for 1004 W Main Street. The Special Use Permit request is to allow co-housing and single-room occupancy uses. The applicant is proposing that the existing buildings on site be converted from vacation rental cabins to condominiumized units allowing for independent ownership. Should the use request be approved, the applicant is considering adding six (6) additional single-family structures on site. Planning and Zoning Commission Review A special use permit requires noticed public hearings with the Planning and Zoning Commission. The Planning and Zoning Commission shall review the special use permit application and approve, approve with conditions, or deny the special use permit pursuant to Section 6.5.2 and the criteria in subsection b. The relevant criteria, along with staff analysis, are found in section VII of this staff report. The Role of the Planning and Zoning Commission • Conduct a public hearing on the rezone request and special use permit proposal; • Make a determination on the special use permit proposal based on compliance with the associated criteria from the UDC, provided in this report. I. Attachments Attachment A – Staff Powerpoint Presentation Attachment B – Applicant’s Special Use Criteria Analysis Attachment C – Existing Conditions Attachment D – Draft Site Plan Attachment E – Existing Floor Plans Attachment F – Pictures of Existing Structures Attachment G – Applicant’s Fixture Count Attachment H – Applicant Presentation 25919733.3 28 II. Maps and Exhibits Vicinity Map Zoning Map Outside Town Limits 2 29 Floodplain Map 3 30 III. Background The 10 existing cabins on site were built between the late 1940’s to the early 1950’s. The cabin’s range in size between 290 sq ft to 1026 sq ft, while the lodge is 1610 sq ft, according to the Chaffee County Assessor. The property includes a variety of other sheds and amenity structures including pavilions, sports courts and a playground. The applicants took ownership of the property in March 2020. The property has been operating as the Vista Court Cabins and Lodge vacation rentals for many years. IV. Project Description The applicant is seeking special use approval to allow for co-housing and single-room occupancy uses. Co-housing is defined as a residential development that combines small individually owned units on a single lot with common open space and sometimes including larger community kitchen and dining room intended for communal use on a regular basis. While single-room occupancy is defined as a residential structure characterized by residential occupancy by a group of people who do not meet the definition of "household living." Tenancy is arranged on a monthly or longer basis. Structures used for single room occupancy may have a common cooking, eating area and sanitary facilities for residents, but individual bedrooms are separate lease areas. The applicant intends to convert the existing structures on site into either of these options. An interpretation has been requested by Town Legal to explore if a combination of these proposed uses could exist within a single-lot, however determination of either use request should be reviewed independently and based on its own merit. The applicant has provided an existing conditions exhibit (Attachment C), a draft site plan (Attachment D), existing floor plans (Attachment E) and pictures of the existing structures (Attachment F). Co-Housing Proposal In the R-1 Zone district, co-housing uses are subject to special use approval and require adherence to the special use standards. Those standards are as follows: 1. Design Requirements a. The minimum project size for co-housing development is one-quarter (¼) acre. Existing Conditions: The property is +/- 2.2 acres b. A shared open space equal to at least ten percent (10%) of the project area shall be provided. Existing Conditions: The property currently operates with a shared open space including picnic tables, pavilions, outdoor sports courts and playgrounds which would all be maintained as part of the future proposal, meeting the minimum 10% requirement. c. Base zoning district lot and setback requirements shall apply to the project site boundaries as a whole, but not to individual co-housing dwellings. Existing Conditions: The existing structures meet the minimum setback requires of 25’ front setback, 5’ side setback and 15’ rear setback. The total structures, existing or proposed, shall not exceed 20% lot coverage. d. Each co-housing dwelling unit shall be separated by a minimum of five (5) feet. Existing Conditions: Each existing structure is separated by a minimum of 5 ft. 2. Operation and Ownership (will be addressed with future condominium process): a. Each co-housing dwelling unit shall be on a permanent foundation and shall connect to public water and sanitary sewer. b. One (1) accessory storage structure less than one hundred (100) square feet may be permitted for any co- housing dwelling unit. Additionally, one (1) shared enclosed storage facility not to exceed six hundred (600) square feet may be permitted if necessary for maintenance of the property. All accessory storage structures shall be separated from other structures by a minimum of three (3) feet. c. Co-housing projects shall be organized as condominiums under state law. 4 31  d. Individual lots or portions of the site may not be subdivided for sale. e. Each applicant shall enter into a development agreement with the Town agreeing that the condominium association shall maintain all streets, utilities, open space, and infrastructure that is not dedicated to and accepted by the Town. Should the use be approved, the applicant will have to submit a site plan and condominium plat for approval, prior to any co-housing operation or occupancy. While these structures are existing, the change in use requires the applicant to provide adherence to all use requirements. Single-room Occupancy Proposal In the R-1 Zone district, single-room occupancy uses are subject to special use approval and require adherence to the special use standards. Those standards are as follows: 1. The structure shall be under the ownership of a single owner and may not be subdivided or condominiumized to create individual units for separate ownership. Existing Conditions: Some of the existing structures (such as the club house lodge) may be better suited for single-room occupancy where the building is under single ownership, but the rooms are rented individually, with shared common space. 2. All rooms shall meet the applicable building code requirements. Rooms without required egress shall not be used for bedrooms. Existing Conditions: Further confirmation is needed that existing structures meet this requirement, but operation as a single-room occupancy use will not occur until the applicant has taken the necessary steps to verify adherence to this requirement. 3. A change of use shall for the appropriate building occupancy shall be issued to the property prior to occupation of the structure as a single room occupancy, as determined by the building official. Existing Conditions: A change of use will be required prior to occupancy. 4. Parking shall be provided per Section 16.04.4.3. Existing Conditions: The property has ample parking and the applicant is aware that any new use will be required to meet off-street parking requirements. 5. The structure shall be residential in its design and compatible with the architecture of the existing structure in terms of colors and materials of the existing structure, if any, on the property and/or compatible in mass and scale of the surrounding neighborhood it is proposed to be located. Existing Conditions: The use is proposed in an existing structure or structures and the applicant is aware that any new structure shall be residential in design and compatible. While the applicant’s primary objective was to explore the co-housing use allowance on their property, staff suggested that a request and conversation around single-room occupancy also occur given the existing layout of some of the existing structures may be most easily updated to accommodate a single-room occupancy use. Both uses provide a unique and potentially more affordable approach to housing which was the applicant’s objective. Seeking an allowance to determine if the proposed use is appropriate and approved on this site does not guarantee that the applicant will move forward with one use or the other, but it does provide the applicant with the direction they need in knowing their options to move forward. Unless substantially acted upon (demonstrated by use of the property, construction, or measurable development activity) within three years following the date of approval, a special use permit shall expire. Floodplain Considerations Of note, the subject property falls within the 500-year and 100-year Floodplains as well as a small portion of the property is within the floodway. The existing structures can continue to operate as developed. Any new development or substantial improvement of a property within the 100-year floodplain will require a floodplain development permit. Substantial improvement is defined as a reconstruction, rehabilitation, addition, or other improvement of a 5 32 structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure immediately preceding the improvement with the value of the structure being determined by the Town. Generally, new encroachments, construction or substantial improvements are prohibited within the floodway unless it has been demonstrated through hydrologic and hydraulic analyses that the development would not result in any increase in flood levels within the Town during the occurrence of the base flood discharge. Water Use Public works staff have identified that the existing water use on site, based on the applicant’s fixture count (Attachment H), is very high and therefore the existing water infrastructure may be undersized. Public Work’s Director Shawn William’s provided the following comments: “Based on the information provided, the service line and meter appear to be undersized. If the data provided in the attached water tap application is correct, upsizing to a larger meter and larger service line will be necessary. Another alternative could be to remove or reduce the outside use of irrigation and turf areas.” Public Works is scheduling a water audit of the property given that under either the existing use or the proposed use, the water infrastructure may need to be updated. Staff is recommending that a condition be placed on the project to ensure the water use is addressed and verify that the structures on site are adequately served. V. Site Data Land Area +/- 2.2 acres Existing Buildings 10 Cabins Structures, Lodge, Open space amenities including pavilions and playground Access Access from W Main Street Water Provider Town of Buena Vista Wastewater Provider Buena Vista Sanitation District Electric Provider Sangre de Cristo Electric Association Floodplain A portion of the property falls within the floodplain or floodway VI. Subject Property and Adjacent Property Designations Existing Zoning Existing Land Use(s) R-1 Low Density Residential Vista Court Cabins Subject Property Adjacent North R-1 Low Density Residential Single Family Residential Adjacent East R-1 Low Density Residential Single Family Residential Adjacent South R-1 Low Density Residential Single Family Residential Adjacent West R-1 Low Density Residential Single Family Residential VII. Criteria and Findings for Approval: The Planning and Zoning Commission must consider if the criteria for a major site plan have been met. The criteria from the Unified Development Code are shown in Bold type, followed by the staff analysis. Criteria - Special Use Permit 1. The proposed use is consistent with the Comprehensive Plan and the purposes of this UDC; Finding: Staff finds that the criterion has been met. Analysis: The Comprehensive Plan identifies that a wide variety of housing options should be explored to meet varying community needs. Goal 1. Of the Housing chapter calls for “promoting the development of a range of housing opportunities and choices.” Both co-housing and single-room occupancy uses provide an diverse product allowance that is scarcely available in Buena Vista, whether it is opening an opportunity for attainable home ownership or 6 33 lowering rental rates through shared common space and consolidated building footprints. Goal 2. Calls for new housing within existing neighborhoods. Given that many structures of the subject property are existing, conversion of their use will have minimum impact on the adjacent residential neighbors. 2. The proposed use complies with applicable use-specific standards, for co-housing and single-room; Finding: Staff finds that the criterion has been conditionally met. Analysis: The above analysis in section IV of this report demonstrates that some use standards are already met through the existing conditions. However, any substantial update or new development within the subject property would be subject to meeting all specific use-standards at will be reviewed at the time of the site plan review. Additionally, any use standards related to ownership and operation will be reviewed for compliance during the subdivision process. 3. The proposed use complies with all other standards in this UDC; Finding: Staff finds that the criterion has been conditionally met. Analysis: The approval of the Special Use Permit is subject to completion of the approved site plan, condo subdivision and building permit improvements (if any), with approved inspections. If any additional site improvements or building additions are proposed, the applicant will be required to demonstrate that the proposed use complies with all standards in the UDC. 4. The proposed use is consistent with the purpose statement of the underlying zoning district; Finding: Staff finds that the criterion has been met. Analysis: The R-1 district is intended primarily for low-density single-family detached dwellings. While co-housing units and single-room occupancy buildings take a unique approach to occupancy allowances beyond what is typically anticipated with a single-family home, their form remains the same. Parking requirements for co-housing are a bit more flexible with one required space per unit, however the applicant has sufficient parking on their site. Additionally, single room occupancy requires 1 vehicle space and 1 parking space per two bedrooms. Both use requests allow for non-traditional ownership or rental opportunities providing an opportunity for greater attainability than a traditional single-family home while retaining the form of a single-family home. Co-housing development may generally allow for greater density than a standard single-family development given the reduced parking requirements, however there are other limiting factors such as minimum common open space and floodplain development restrictions. Additionally, while single-room occupancy may encourage a greater number of occupants than a standard single- family development, occupancy may be more consistent and therefore predictable for adjacent residences. 5. Impacts of the use on the surrounding neighborhood have been adequately minimized; Finding: Staff finds that the criterion has been met. Analysis: The structures are existing and would not change form. There are no buffering requirements based on the proposed use and the existing adjacency to adjacent residential uses. Long-term renters or owners will provide a greater opportunity for consistent occupancy/tenants than vacation rentals which are currently a recognized and established use within the community. If additional co-housing or single-room occupancy structures are built, they will be subject to adherence to the underlying zone setbacks and lot restrictions which will maintain consistency to neighboring properties. 6. The proposed use does not adversely impact the public health, safety, and welfare of the Town; and Finding: Staff finds that the criterion has been met. Analysis: A change in use will have an impact on an area. With all standards relative to planning, transportation, utilities, stormwater, fire, and building code required to be met, there should be no significant adverse impacts on the adjacent community. 7. There is adequate water available from Town's water system to serve the subject property pursuant to the Town's water allocation policy and subsection 16.04.4.8.1 at the time of application. 7 34  Finding: Staff finds that the criterion has been met. Analysis: Per the conditions of the approval, the service line and meter appear to be undersized and additional information will be required with the change in use. Public Works staff determine that a larger meter and larger service line may be necessary or reduction of current water use (an option being removal or reduction of the outside use of irrigation and turf areas) as two possible options. VIII. Conclusion and Recommendation Based upon the information and materials provided by the applicant and included in the staff report, the Planning and Zoning Commission shall approve, approve with conditions or deny the special use permit: 1. Should the application be approved, planning staff recommend the following conditions: • Prior to approval of the site plan and/or subdivision, the applicant must submit detailed information to the satisfaction of the Town of Buena Vista Water Department addressing the proposed development’s water usage and confirming the capacity of existing water infrastructure servicing the site. o Should the submitted information confirm that the existing water infrastructure is undersized or otherwise insufficient to accommodate the projected water demand of the development, the applicant must either:  a) revise the development proposal to reduce water usage to a commensurate level with the capacity of existing infrastructure; or  b) undertake, at the applicant’s cost and to the satisfaction of the Town, any necessary upgrades to the water infrastructure to meet the proposed demand. • All works or modifications required to satisfy this condition must be completed prior to the issuance of the certificate of occupancy for the change in use. THEREFORE: If the Planning and Zoning Commission accepts the conclusions and recommendations as presented in this staff report, the Commission should APPROVE WITH CONDITIONS the Special Use Permit for the PZ 25-017 1004 W Main Street SUP. TOWN OF BUENA VISTA PLANNING AND ZONING APPROVAL ___________________________________________ ______________________ Tony LaGreca, Chair of Planning and Zoning Commission Date Attest: _____________________________________ ______________________ Ally Kennedy, Planning Administrative Assistant Date copy: Randy and Robin King vistacourtcabins@gmail.com 8 35