Draft plans for the development of a parcel at 150 Gregg Circle. Image from page 78 of the April 23 BV BoT meeting packet.
The Buena Vista (BV) Board of Trustees (BoT) unanimously approved the rezoning of a property at 150 Gregg Circle from Light Industrial to Highway Commercial at their Tuesday, April 23 meeting.
The rezoning will allow the applicants, JHW Partnership Limited, to build mixed-use buildings. Their plans include commercial businesses on the bottom floor with apartments on the upper floors. The rezoning allows them to expand beyond the live/work units allowed under Light Industrial zoning to multifamily which can be rented to people unaffiliated with attached businesses.
The lot was originally a part of the Colorado Center Planned Unit Development (PUD), a business park established in 2006. The original vision for Colorado Center by Ron Southard included a hotel, restaurant, park, bank, filling station, and other potential uses. At that time the parcel was zoned Entry Commercial.
When Southard passed away, the parcel was rezoned to Light Industrial and the development agreement was terminated.
James Weiner and Justin Burns spoke on behalf of the project. They intend to maintain local management of rental properties and keep them as long term rentals.
While they did not say the rentals would be “affordable” housing per se, the pair did say they tried to keep prices attainable. Their other projects include Tailwinds apartments in Poncha Springs and seventeen others in the area.
Weiner explained that this project fulfilled the comprehensive plan by creating housing and opening up more space for local businesses.
Planning Director Joel Benson detailed how the elimination of the Colorado Center PUD could be considered impactful enough to be considered a substantial change, which fits one of the criteria for rezoning. Additionally, the project’s intensity would not create adverse impacts and public facilities are available in the area, fulfilling the two other conditions.
Benson also agreed that the parcel was consistent with the comprehensive plan and with the intent of the proposed zone district.
Concerns Voiced About Noise from Nearby Airport and Business Are Raised — and Overruled
The project will need to comply with the airport overlay due to its proximity to the Central Colorado Regional Airport. There was some concern about the noise from the airport. Weiner and Burns said that would be something about which “they would be upfront with potential renters.”
Airport Manager Jack Wyles commented on the project and explained that there was nothing in place currently preventing a housing project near the airport. “If it’s going to be residential, people have to understand they’re living beside an airport,” said Wyles.
Another noise concern was raised by Performance Tours owner Kevin Foley. Performance Tours is located very close to the parcel, and Foley was concerned about potential conflicts between residents and his business during their operations during the summer.
He explained they have vehicles coming and going from Performance tours early and late in the day. Foley said he would support commercial development but expressed reservations about residential units.
“My concern is the residential because we could have our vehicles being started up at 6:00 a.m. to go to another river or even down to our Cañon City outpost,” said Foley.
“We do operate school buses, so they [operators] have to have a CDL commercial driver license. We have to do pre-trip inspections, which involves honking horns and air brakes. . . We do make noise, and, when you put residential units in that area, I guess what I am concerned about is you may create a potential conflict between businesses up there and residents complaining about noise.
“That is a concern of ours is that we’re able to continue to operate business as usual without complaints of new residents when we’ve been there for close to thirty years,” said Foley.
Burns said he used to get coffee with Southard and that the plan for this lot in Colorado Center was an apartment complex. Essentially, the area had always been slated to house residents according to Burns.
“We really wouldn’t like to do anything that would change the way they would operate,” added Weiner later in the meeting.
BV local Mark Jenkins also spoke during public comment. He pressed the importance for the Trustees to remain cognizant of potential traffic flow issues in the area. “As the area develops, keep in mind about the intersection there,” said Jenkins.
Ultimately, the Trustees determined that the parcel fulfilled the criteria required for rezoning and approved the change. The BoT did emphasize the importance of being clear with potential residents about the noise from businesses, such as Performance Tours, to avoid potential conflict.
Before residential units could be built, the development would need to seek a special use permit at which point conditions, such as ensuring potential residents are aware of business operations in the area, could potentially be imposed.
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