Planning and Zoning Commission - Agendas & Minutes (Packets below)

Minutes of the Regular Meeting of the Buena Vista Planning and Zoning Commission May 4, 2022 CALL TO ORDER A regular meeting of the Planning and Zoning Commission was called to order at 7:00 pm, Wednesday, May 4, 2022 at the Buena Vista Community Center by Chair Preston Larimer. Also present were Vice Chair Lynn Schultz-Writsel, Commissioners Tony LaGreca, Craig Brown, and Tom Brown. Staff Present: Planning Director Joseph Teipel, Principal Planner Mark Doering, and Planning Technician Doug Tart. PLEDGE OF ALLEGIANCE Chair Larimer led in the Pledge of Allegiance. ROLL CALL Tart proceeded with the roll call and declared a quorum. AGENDA ADOPTION Commissioner Larimer called for approval of the agenda. Commissioner Craig Brown motioned to adopt the agenda as amended, Motion #1 seconded by Commissioner LaGreca. Motion carried. APPROVAL OF MINUTES Commissioner Larimer called for approval of the minutes from April 20, 2022. Commissioner Schultz-Writsel motioned for approval of the minutes. Motion #2 was seconded by Commissioner Tom Brown. PUBLIC COMMENT Public comments opened at 7:04 pm. With no comments, public comment was closed at 7:04 pm. NEW BUSINESS Teipel presented the staff report for the public hearing for the Major Site Plan for the new BV Police Station, located at 28362 CR 317. The building was previously Valley Home Furnishing. Due to the building size (>10,000 sq. ft.), the Change of Use and remodel requires a Major Site Plan review. The only proposed exterior changes are the installation of a fenced parking area for police officers, construction of a new façade on the building, and installation of new signage, bike and vehicle parking, a flagpole, and required mechanical equipment. Commissioner LaGreca motioned to approve the Major Site plan with the staff added conditions. Commissioner Schultz-Writsel seconded. Motion #3 carried. The second public hearing was to consider a Special Use Permit for a Medium/Heavy Manufacturing use on 107 acres for gravel/sand extraction for concrete and asphalt operations for ACA Products, Inc. at 805 Gregg Drive. Thomas Moltz, CEO of ACA Products, presented on behalf of the applicant. ACA has existed at this site since the 1970’s, and the site is currently zoned for light industrial, with a requirement for a Special Use Permit for concrete and asphalt manufacturing. The new pit is proposed to be south of Gregg Drive, at the southeastern intersection of Gregg Drive and Rodeo Rd. Currently, the closest house is approximately 250’, with the new pit, the closest home would be approximately 1,000’. The new pit would not require use of Town water and would have an approximately 30-year lifespan. Moltz stated that the DRMS (Colorado Division of Reclamation, Mining and Safety), MSHA (Mine Safety and Health Administration), and CDPHE (Colorado Department of Public Health & Environment) has regulations that are strictly monitored, and that ACA must adhere to. Moltz stated that they would be moving the batch plants to the existing pit, where they would sit at approximately 30’ deep, mostly hidden from public view. Once the extraction is complete in the easternmost pit, that area would be reclaimed. Commissioner Tom Brown asked about the phasing approach and the number of employees that would need to be hired for the expansion. Moltz stated that each “section” is expected to take approximately 10 years. They will need to hire approximately 10-15 people. They expect to run out of material this year in the existing pits. Commissioner LaGreca asked what the new berm height would be compared to the existing berm. Moltz said that it would be similar to the existing berms along Gregg Dr. - 10.0’ – but with more gradual of a slope, approximately a 3:1 slope. Commissioner Schultz-Writsel asked Moltz to expand on the required monitoring. Moltz explained that staff wears monitors for both sound and air quality that regularly reports directly to MSHA for compliance. Doering presented the staff report for a public hearing for a Special Use Permit for ACA. Staff recommended to approve the Special Use Permit with 13 conditions. Local approval is required before ACA can go to the state for approval. Doering explained that the Planning and Zoning Commission’s decision is the official approval of the Special Use Permit. Commissioner Tom Brown asked if staff completed a visual impact assessment from the Gregg Dr. trail looking south and expressed concern over the potential impact to views to south. Doering explained that the proposed berm will be 10’ tall at a 3:1 slope. The Gregg Dr. trail is approximately 70’ feet away. Commissioner Tom Brown stated that staff should reach out to the Trails Advisory Board for comments. He expressed a desire to have future discussions regarding input from advisory boards for future development projects. Commissioner Larimer opened up the meeting for public comments specific to the Special Use Permit at 8:38 pm. The following members of the public commented:  • Carla Wirtz – 81 Kathy Dr., Buena Vista o The proposal is not consistent with the Town’s Comprehensive Plan and would have detrimental impacts on the Rodeo Grounds/Chicago Ranch Master Plan o How long will it take to reclaim the pits? o Asked for clarification on the berm locations & construction. • Orrin Maez – 535 S. Railroad, Buena Vista o Maez owns an excavation company and stated that 90% of his materials come from ACA, and without ACA, he would go out of business. o Maez was in favor of approval of the Special Use Permit • Judy Hamontre – 108 Nighthawk Rd., Buena Vista o Stated that she has no issue with ACA, and that her negative opinion was changed after hearing the presentation o Dust is still a concern as she lives in one of the closest homes to ACA o Asked if this would move operations closer to the Sunset Vista subdivision? o Asked that ACA be held accountable for any effects of operations • Bill Nelson – 26630 CR 313, Buena Vista o Nelson expressed his support for the ACA expansion o Said that ACA is keystone to the community, especially with current development trends • Greg Felt – 131 W Hwy 50, Salida o Stated that nothing new is being proposed with this proposed expansion o If the berm is an issue, maybe it is worth seeing if there are alternatives or if it is essential o The economics are vital from an employment and supply standpoint Public Comments closed at 8:55 pm. Commissioner Larimer made a clarification regarding the public comment from Carla Wirtz – this application is not a rezoning - it is an allowed use with a Special Use Permit. Teipel also clarified that this is not a variance as many have stated. Commissioner LaGreca asked staff what the recourse would be if adequate seeding/revegetation does not occur? Doering explained that the County has noxious weeds staff. The Town’s Public Works Department handles construction elements, roads, etc. The Planning Department handles the requirements for landscaping, seeding, etc. For the purposes of creating disturbances and getting them restored, it falls under the purview of both the Public Works & Planning Departments. Violation of conditions could be a basis to revoke a Special Use Permit. Annual inspections would be required to ensure vegetation is occurring adequately. Commissioner LaGreca motioned to approve the Special Use Permit with the 13 conditions outlined in the staff report. Commissioner Craig Brown seconded. Motion #4 unanimously approved. Commissioner Larimer called for a 5-minute recess at 9:11 pm. The meeting resumed at 9:16 pm. Teipel presented the staff report for changes to the fees-in-lieu for school impact fees and/or land dedication for schools for residential developments. These amendments would be reflected in the UDC and Chapter 17, and section 17-74 would be repealed in its entirety. The repeal of 17-74 would eliminate the need for a code amendment each time the fees are updated. Also included in this amendment is the potential for fees to be waived for construction of any low-income housing unit on lots designated by the Town. In 2021, a new impact study was completed which studied, based on demographic data of how many kids of what age a typical residential unit contains, what appropriate fee-in-lieu amounts should be. The updated IGA (Intergovernmental Agreement) has been approved by the Town of Buena Vista, the County, Poncha Springs, City of Salida, the Buena Vista and Salida School Districts. It is now coming to the municipal jurisdictions for approval. Once approved, the IGA will take effect. Commissioner Tom Brown motioned to recommend to the Board of Trustees as proposed. Commissioner Schultz-Writsel seconded. Motion #5 carried. STAFF / COMMISSION INTERACTION Teipel informed the Commission that Tuesday, June 28th, there is a potential joint work session with the Board of Trustees to go over the sketch plan for the Carbonate Street development. Commissioner Tom Brown recommended that visual studies for future development be put on a future agenda. Teipel stated that staff would find a time later in the year to put it on the agenda for a discussion. ADJOURNMENT There being no further business to come before the Commission, Commissioner LaGreca motioned to adjourn the meeting at 9:59 p.m. Commissioner Chair Schultz-Writsel seconded. Motion #6 was unanimously approved. Respectfully submitted: Preston Larimer, Chair Doug Tart, Planning Technician