REQUEST FOR Rezone to Open Space Designation (Public Hearing) PLANNING COMMISSION MEETING DATE January 11, 2017

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1 CITY COUNCIL MEETING DATE - TBD Publication Date: January 6, 2017 PLANNING COMMISSION REVIEW FORM RE 1612, 1613, 1614, 1615, 1616, 1617, 1618, 1619, 1620, 1621, 1622, 1623 REQUEST FOR Rezone to Open Space Designation (Public Hearing) PLANNING COMMISSION MEETING DATE January 11, 2017 APPLICANT'S NAME City of Manitou Springs ADDRESS OF PROPOSAL 0 Spirea Drive, 0 Peakview Blvd., 0 Ridge Road, 0 Columbine Drive, 0 Crystal Valley Road, 0 Oak Place, and 0 El Paso Blvd. CURRENT ZONING Hillside Low Density Residential STAFF CONTACT Michelle Anthony, AICP, Senior Planner REQUEST The City proposes rezoning the existing City owned parcels from Hillside Low Density Residential to the Open Space designation. Please see the map showing the subject parcels following this report. PROJECT SUMMARY The Planning Commission held a preliminary meeting regarding these rezoning requests on December 14, 2016, and set the public hearing for the January regular meeting. There was one public comment in December, but no objections to the proposal. Staff has had no further public comment in the last month. The following is a listing of the parcels under consideration: RE 1612 Sched. No Spirea Drive 2,600 sq. ft. HLDR RE 1613 Sched. No Peakview Blvd. 5,600 sq. ft. HLDR RE 1614 Sched. No Ridge Road 15,750 sq. ft. HLDR RE 1615 Sched. No Peakview Blvd. 5,750 sq. ft. HLDR RE 1616 Sched. No Spirea Dr. 2,050 sq. ft. HLDR RE 1617 Sched. No Spirea Dr. 1,775 sq. ft. HLDR RE 1618 Sched. No Spirea Dr. 4,325 sq. ft. HLDR RE 1619 Sched. No Columbine Dr. 3,975 sq. ft. HLDR RE 1620 Sched. No Columbine Dr. 3,550 sq. ft. HLDR RE 1621 Sched. No Crystal Valley Rd. 11,323 sq. ft. HLDR RE 1622 Sched. No Oak Place 10,072 sq. ft. HLDR RE 1623 Sched. No El Paso Blvd acres HLDR Each property is listed within the 2016 Parks, Open Space, and Trails (POST) Master Plan as designated open space. The City acquired the parcels through purchase, subdivision dedications, or donation of the land by prior owners. The Manitou Springs Open Space Advisory Committee (OSAC) has reviewed and supports the rezoning of the properties to bring them into compliance with the POST Master Plan. As was noted in the previous report on this request, these parcels are not protected by conservation easement and OSAC will be developing management plan(s) for all open space properties in

2 Publication Date: January 6, 2017 The Open Space zone designation was created in 2005 in the Zoning Code. However, many parcels in the City s open space portfolio were already under its ownership; those properties still carry the zoning classification from their private ownership. The Open Space zone district allows the following uses: 1. Undeveloped natural land. 2. Passive outdoor recreation (trails and trailheads, picnic areas, scenic overlook, etc) that do not require infrastructure such as roads or utility services and other uses as approved in an Open Space Management Plan. 3. This zone is not the same as active parks, playgrounds, ball fields or other recreational facilities. For the Commission s reference, the following is the Open Space zone s purpose statement: The Open Space zone provides for areas intentionally left free from development for the preservation of natural resources, including forest lands, wildlife corridors/habitats, unique biological, physical, topographical, or botanical areas, scenic view sheds; cultural, historic, and archaeological resources. These areas shall provide buffers between the City and surrounding El Paso County in order to protect the City's mountain backdrop and unique character, and shall provide preservation of unique areas within existing neighborhoods. These areas may represent diverse types of land and possess varied physical and geographical conditions and are important physical, environmental, social, aesthetic and economic resources, which should be protected. The preservation of open space will complement public parks provided by the City and also protect the surrounding mountain backdrop that gives the City its unique character. This character supports the conservation values and significant tourism industry that the City thrives on. This district is established to encourage the preservation and restoration of open lands in Manitou Springs for the protection of the flora and fauna in their natural state, for the passive recreational use by citizens of the City, and to accomplish the following: 1. To enable applicable lands under City ownership acquired by donation or purchase to be rezoned Open Space. 2. To enable owners to petition to rezone land as Open Space. STAFF RECOMMENDATION The proposed rezonings will bring these existing properties into conformance with the City s zoning regulations, which was the intention when the Open Space designation was created. There are no changes to the existing parcels being proposed or anticipated following approval. Rezoning of the parcels will simply recognize the existing land use. Staff recommends the Planning Commission approve RE 1612, 1613, 1614, 1615, 1616, 1617, 1618, 1619, 1620, 1621, 1622 and 1623 from the Hillside Low Density Residential to the Open Space designation with the finding a public need exists and the use and location are compatible with adjacent land uses. 2

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4 Publication Date: January 6, 2017 PLANNING COMMISSION REVIEW FORM MaCUP 1701 REQUEST FOR Major Conditional Use PLANNING COMMISSION MEETING DATE January 11, 2017 CITY COUNCIL MEETING DATE February 7, 2017 APPLICANT'S NAME Susie Brock ADDRESS OF PROPOSAL 23 Manitou Avenue ZONE Commercial STAFF CONTACT Wade Burkholder, AICP, Planning Director PROPOSAL: The applicant requests approval of a conditional use permit for the long term rental (>30 days) of four cabins on the El Colorado Lodge property. Please see the information attached to this report. STAFF REPORT: The application proposes the long term rental of units 4, 5, 9, and 11, as shown on the site plan, at the El Colorado Lodge. The El Colorado is currently zoned only for the short term rental of each of the twentysix rooms located on the property. In July of 2015 City Council adopted new regulations for the conversion of short term hotel/motel guest rooms into long-term rental units through the adoption of Ordinance With this Ordinance, Council found that the provision for long term lodging in hotels and motels used in a manner similar to a residence should not be a use permitted by right, and instead such requests should be reviewed on a case-by-case basis as a major conditional use to determine compatibility with the neighborhood and adjacent land uses and whether it meets other conditional use criteria. The Zoning Code requires requests for long term lodging to meet the following minimum requirements: 1. No more than 20% of actual room rental days in an establishment may be used for long term occupancy lodging during the year; the El Colorado has twenty six rooms; thus 26 x 365 = 9,490 room rental days per year. Twenty percent of 9,490 room rental days = 1,898 room rental days (this represents the maximum number of nights available per year for long term rental). The request is for four of the guest rooms to be permitted for long term lodging; thus, 1,898/4 = 475 days. Each of the four guest rooms could be rented for 475 days per year, therefore, these four rooms may be rented year-round as long-term occupancy lodging and still meet this threshold requirement. 2. No rooms other than #s 4, 5, 9, and 11 may be offered or used for long term occupancy without a new, full review as set forth by the Code; As required by the Code every room will need to display on its main entrance door a statement that such room is licensed for long term use. Additionally, Ms. Brock is required to maintain a list of occupants of each unit and the long term lodging room usage must be reported to the City monthly at the same time the El Colorado reports short term lodging tax information. These steps will allow the City to monitor whether the total number of room rental days have been used each month. 1

5 Publication Date: January 6, No outdoor storage of personal items shall occur; should this happen Code Enforcement will be notified and action taken to remedy the situation. 4. Every unit used for long term occupancy lodging shall meet the standards for an Efficiency Dwelling Unit per the International Building Code (IBC); a. Cooking Appliance/Kitchen: The IBC states a kitchen is required consisting of a cooking appliance but does not specify a specific size. The Zoning Code further defines this as a built-in cook-top or stove unit. Hot plates, griddles, microwaves or similar devices shall not be considered. All four of the guest rooms are located within separate cottage buildings; the floor plan is identical for each building. The floor plan is included as an attachment to this report. A two burner cooktop unit is provided in each unit with a sink incorporated. It is understood that hot plates and griddles are not permitted. The unit may include or the tenant may bring a microwave but with the inclusion of the cook-top stove this requirement of the Code is met. b. Sinks: The IBC states a sink is required. The Zoning Code further clarifies that two sinks must be located within the unit. One used in conjunction with cooking and one for use in conjunction with the lavatory or water closet. Two sinks are provided. One attached to the cook-top unit and a separate sink located within the bathroom/water closet/lavatory. c. Minimum Size: A living room of 220 sq. ft. per occupant is required. Each unit is 29 x 11 in size for a total of 319 square feet. A separate living room is not shown on the floor plan. Please see item d. below for more discussion. d. Maximum Gross Floor Area per Occupant: The measurement of maximum gross floor area per occupant for the building overall, not each unit is the area within the inside perimeter of the exterior walls of the building, exclusive of vent shaft and courts, without deduction for corridors stairways, closets, the thickness of interior walls, columns or other features. The maximum gross floor area per occupant is 200 square feet per occupant. As mentioned above each unit is only 319 square feet in size thus only one person will be permitted in these units for long term occupancy lodging. Per the floor plan, three beds (one queen and two full beds) are shown. The applicant should remove two of the three beds from each unit since no more than one person is permitted per the IBC requirements. The applicant then may create a living room space per the requirement in item c. above. e. Water Closet/Lavatories: The IBC requires one per unit. This requirement is met. For clarification, a lavatory is defined as a room containing a sink and a toilet. A water closet is defined as a room containing a toilet. Thus the bathroom as depicted on the floor plan provides for all of these requirements. f. Shower/Tub: One per unit is required. This requirement is met. 2

6 Publication Date: January 6, 2017 g. Refrigeration: Building code requires one but states no specific size. A separate refrigerator is provided in each unit. h. Closet: One is required. This requirement is met. i. Light: Natural minimum net glazed area is equal to 8% of the floor area. Each cottage/guest room has 4 windows with openings of 6.4 square feet equaling 25.6 square feet of natural light. At 319 square feet in size for each guest room the 8% requirement equals square feet. Thus this requirement of the IBC has been met. This calculation does not include a small window in each door of the unit. j. Ventilation: Open-able area shall be equal to 4% of the floor area. Each window slides open to allow half of their square footage for ventilation and air circulation or 3.2 square feet; 3.2 x 4 = 12.8 square feet of ventilation available. The IBC requires 4% of 319 square feet of ventilation or square feet of ventilation. This requirement is met and does not require opening the front door to the cottage to allow additional ventilation. k. Temperature Control: Heating system to maintain 68 degrees. A wall unit heater and air conditioning is provided in each cottage as well as an oil-based heater in each bathroom is provided to maintain temperature control for each tenant. 5. Fire Code Compliance; Lieutenant Larry Mitchell of Manitou Springs Fire Department has inspected the units and the property for compliance. Each cottage is a stand-alone unit and within 150 of a fire hydrant. Each unit is to be equipped with a smoke detector, carbon monoxide detector and a fire extinguisher. There is not a requirement to sprinkler each unit because of the stand-alone arrangement of the units and the proximity to the fire hydrant. Lieutenant Mitchell has determined that the request is in compliance with the Fire Code at this time. 6. Off-street Parking Compliance; the Zoning Code requires the off-street parking standard for long term lodging uses shall be the same as multi-family attached dwellings. Parking on-site must meet current criteria for number of spaces required. There shall not be creation or expansion of nonconforming parking lots created by changing from short-term lodging to long-term occupancy; all parking spaces must be accounted for on-site. The Zoning Code requirement for Attached dwelling units/studio or Efficiency is one space per unit. The requirement for Hotel/Motel is one space per guestroom or suite plus two spaces for on-site residence or staff added. Thus, four units for attached dwelling units/studio or Efficiency equals four parking spaces required. Twenty-two guestrooms for the hotel/motel equals twenty-two parking spaces. Plus two spaces for the on-site residence. The total number of parking spaces required equals twenty-eight parking spaces. The property contains thirty parking spaces around the guest rooms/individual cottages plus six overflow parking spaces and a shared, unpaved fifteen space parking area for a total of 51 parking spaces provided. 7. Floodplain; the property is unencumbered from any floodplain. 3

7 Publication Date: January 6, 2017 Section Conditional Use Review procedures and approval. A. Basis for Issuance of a Major/Minor Conditional Use Permit. Major Conditional uses shall be permitted only if the Planning Commission determines that the following criteria are met with respect to the type of use and Major Conditional uses shall be permitted only after a hearing of the Planning Commission and recommendation provided to City Council. City Council subsequently holds a public hearing to consider the Planning Commission recommendation and determines that the following criteria are met with respect to the type of use: 1. Surrounding Neighborhood. That the value and qualities of the neighborhood surrounding the conditional use are not substantially injured, including: a. That the proposed use furthers the architectural and historical qualities and character of the community as set forth in the Manitou Springs Design Guidelines. The property is located within the El Colorado Historic District. However, no exterior changes are required or occurring with this application and its change of use, therefore no Historic Preservation Commission application or review is needed. b. The proposed use is compatible in function and design with surrounding land uses. There are no proposed physical changes to the structures; the remaining cottages at El Colorado Lodge will remain short-term lodging use; adjacent to the west is Emerald Fields marijuana establishment, to the east is the Santa Fe Motel which offers a mixture of short term and long term rentals, across Manitou Avenue is a mix of commercial buildings including Adams Mountain Café. Therefore the function and design of this property and the residential use of the structures is compatible with other uses in the area. All surrounding properties are within the commercial zoning district. Ms. Brock has stated these units will likely return to short term rentals during the summer months however the option exists to continue the long term lodging year-round in these units. The rental use of the property is remaining consistent and the loss of tax revenues due the city from four of the twenty six units is not of great concern. The entire Manitou Avenue corridor throughout this section is zoned commercial and has an eclectic mix of uses. Staff believes the use is compatible in function and design with surrounding land uses. 2. Intent of Zoning Code. That the conditional use is consistent with the intent and purpose of this Zoning Code to promote public health, safety and general welfare. Staff believes the applicant has addressed the requirements of the Zoning Code, the International Building Code as well as the Fire Code and has undertaken great effort to make sure the application complies with all requirements. Staff agrees the conditional use is consistent with the intent and purpose of the Zoning Code to promote public health, safety and general welfare. The one item that is found as a condition of staff s approval related to health, safety and welfare is that only one person may be permitted to occupy the guest room/cottage as the space requirements do not permit additional tenants per the International Building Code. 3. Manitou Springs Comprehensive Plan. That the conditional use is consistent with the Manitou Springs Comprehensive Plan of the City. The Manitou Springs Forward Vision and Planning Guide 2012 is the current comprehensive plan for the City. The request for 4

8 Publication Date: January 6, 2017 long term lodging is supported in this guide by several goals, two of which are following. Create a supportive economic climate for the growth of small business while maintaining the existing character of our community. Preserve and restore Manitou Springs historic buildings while encouraging adaptive reuse which is sustainable and creative. 4. Conditional uses shall not be allowed where such use would create a nuisance, traffic congestion, a threat to the public health, safety, or welfare of the community or a violation of any provision of the Design Guidelines of the city of Manitou Springs, City Code, state law, rule or regulation promulgated pursuant thereto. Staff does not feel any of the above conditions will be created with the approval of this application. Safeguards and requirements are in place within the Code that will require close monitoring and additional monthly information provided to the City by the applicant. Neighbor Notifications: The applicant has provided a narrative regarding the steps taken to fulfill and solicit neighborhood citizen participation. As the report states, the final citizen participation report will be submitted prior the City Council public hearing. The applicant will provide the Planning Commission with an update on meetings held or comments received at the meeting. Staff has not received any inquiries about this application at the time of this report. Rental License: If approved, a rental license will be issued for a period of five years for the operation of the long term rentals in these four units. Alterations other than minor improvements to any unit licensed for long term occupancy shall automatically extinguish the license for such unit unless the alterations are approved in advance by the City. More specifically alterations means modifications to floor plans, modification to parking plans, windows, kitchen appliances and so forth. If such alterations occur without approval, the City may require the licensee to obtain approval for the affected units as if it were an initial application. The licensee shall permit the City to inspect its long term occupancy rooms at any time for compliance with the provisions of Chapter Long-Term Lodging Occupancy and the International Building Code and Fire Code. A renewal of the rental license may occur administratively if no violations of this Code or terms of the license have occurred. STAFF RECOMMENDATION: Based on the standards for approval of a Major Conditional Use for long term occupancy lodging in units set forth in Zoning Code, Staff recommends approval of MaCUP 1701 for long term lodging in units 4, 5, 9, and 11 with the following conditions: 1) Only one occupant is permitted for long term lodging in units 4, 5, 9, and 11 based upon the size of the guest room and the requirements of the International Building Code. 5

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