Planning and Zoning Commission - Packets

The Buena Vista Planning & Zoning Commission May 18, 2022 at 7:00 PM Commission Members and Staff will meet at the Airport Conference Room. The public is encouraged to join the meeting 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://us02web.zoom.us/j/85826686080 Listen via phone at 1-720-707-2699 Meeting ID: 858 2668 6080 Passcode: BuenaVista 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 – May 4, 2022 VI. Public Comment VII. New Business 1. Carbonate Street Development – 2nd draft of conceptual site plan overview and update 2. Housing Affordability Code Audit – Preliminary recommendation conversation VIII. Staff/Commission Interaction IX. Adjournment This Agenda was Posted at Buena Vista Town Hall and www.buenavistaco.gov on May 16, 2022  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 DATE: May 10, 2022 TO: Planning & Zoning Commission FROM: Joseph Teipel, Planning Director RE: Carbonate Street Development Request Staff desires to provide an overview and update on this Town project to the Planning & Zoning Commission in order to seek feedback that can inform the sketch plan drafting moving forward. Background & History These two subject parcels of land (shown in image below) have been on the Town’s radar for development as far back as 2015 when conversations started with the school district about the ball field land swap. Parcel 1 was a part of that land swap and encompasses lots 7-17 of Block 66, whereas Parcel 2 is actually multiple different types of land including a portion of Block 74 old town lots, Utah Street right of way, and an unknown triangle of land owned by Town. In late 2019, the then Office of Housing (now Chaffee Housing Authority) Director Becky Gray conducted an assessment of various Town-owned land with an eye toward identifying land suitable for housing development. These two parcels were identified as the most suitable – being close to existing water and sewer, near downtown, and zoned for relative density. Yet soon after her presentation to the Board, the pandemic hit and this concept was put on hold. In May of 2021, the Board engaged the Chaffee County Community Foundation (CCCF) to conduct a community engagement and site layout feasibility study for the two parcels. The intent of this scope of work was to engage community, employers, and an architect to answer a few fundamental questions: 1) what are the top needs of the community, employers, and other stakeholders from this land?; 2) is contribution of this land to a developer for the purposes of housing and childcare an appropriate expression of Town government’s role?; and 3) assuming current zoning stayed in place, what is a realistic number of units to expect to be able to ‘fit’ on the parcels? The final CCCF report was presented to the Board on October 26th, 2021. During that meeting the Board formally decided to issue a Request for Proposals (RFP) for a developer partner. The Board also identified five desired outcomes for the properties: 1. Create minimum of 65 new housing units of various types with rents or sale prices serving households earning a between 60 – 140% AMI. No Short-Term Rentals allowed; condominiums prohibited in perpetuity; 2. Preferential treatment for local employers and employees in tenant selection process and criteria; 3. Long-term ownership & management either immediately or eventually turned over to Chaffee Housing Authority; 4. New childcare space built to serve children 0 – 5 years old; 5. New commercial space(s) built aimed at cultivating and supporting local year-round entrepreneurs and businesses. After the conclusion of of the RFP process, on January 11th, 2022, the Board gave the green light to proceed with sole negotiations, terms creation, and sketch planning with local developer Fading West. After draft terms for a development agreement, purchase/sale agreement, and deed restrictions were developed, on March 29th, the Board approved the launch of a public input campaign in order to start to hone the initial concept as presented in Fading West’s RFP response (provided at the end of this report). Public Input Campaign Update – as Presented to the Board of Trustees on May 10th Since the Board authorized the formal launch of the public input campaign on March 29th, staff has worked diligently to proceed with the first phase, which included the first round of meetings with key stakeholders, adjacent neighbors, and the community at large, including an online survey through my- BV.com. Input and collaborative brainstorming with stakeholders have been invaluable and incredibly form a relatively cohesive arrow pointing forward toward our upcoming second iteration of the conceptual site plan. Campaign to-date: • Weekly meetings with Fading West staff working through the project's various aspects, from public improvements to housing affordability variables. • Adjacent neighbor meeting held on April 18th – dedicated letter sent to surrounding property owners. We had eight attendees. • Adjacent neighbor meeting with Collegiate Commons residents held on April 18th – flyers were distributed to residents. We had seven attendees. • Public two-part open house and design charrette held May 2nd – announcements were sent via my-BV.com. We had approximately 10-15 attendees. • Sketch plan meeting with South Main held April 15th – brainstormed the connectivity and layout of Phase II of the project as well as the SW corner of South Main subdivision. • Online survey #1 through my-BV.com launched Friday, April 22nd. The survey closed May 6th after receiving more than 65 responses. Key Take-aways Input from these various stakeholders and community members has been thoughtful, robust, and directly informed the questions staff was seeking direction from the Board on (see below). While many nuances, ideas, questions and concerns have been elevated, a few core themes have emerged that are summarized here. See the end of this report for a few photos of the charrette boards folks interacted with at the meetings. A more detailed report on the results of the input campaign will be provided to the Board in June. 1. Housing is the priority, with rental units and affordability being the most important factors for the community. This theme is within the context of asking for feedback on the over-arching project goals as defined by the Trustees last October. The overwhelming sentiment seems to be that if a goal needs to be cut, it should be the economic development commercial space. An interesting note on the online survey responses is that childcare ranked slightly higher than for-sale housing units (but below rental housing) in order of importance. Figure 1 - Respondents to the online survey were asked to place these four goals in order of importance. Therefore a lower number means that the corresponding goal was ranked as more important or 'first' by the most respondents. 2. Density is appropriate here, and rezoning should be explored to maximize the number of units. Townhomes were the clear desire from community members for the for-sale product. There were numerous concerns from the community in how the current Phase II area is conceptualized and if that is really going to deliver attainable pricing and maximum impact. Staff, Fading West, and South Main have collaborated to sketch a way to accomplish this desire – see below. Figure 2 - Respondents chose which type of housing unit they felt was most needed for for-sale housing products. Project Next Steps & Board Direction As previously planned, staff is ready to proceed with creating a second iteration of the conceptual site sketch plan and then use this new iteration as the basis for another round of community input. After the next round, a final sketch plan will be presented to the Board of Trustees and Planning & Zoning Commission in a joint meeting tentatively scheduled for June 28th. In the May 10th meeting, the Board indicated strong agreement with both staff requests – to delete the economic development commercial space from the concept moving forward, as well as to pursue the townhome collaborative layout planning with South Main, as pictured here. Staff will present this concept in greater detail at the May 18th P&Z meeting. However, the idea is to create more buildable lots for the Carbonate Street project, rezone it to R-3, and thereby increase the number of for sale units from the current concept of 15 to something closer to this concept, which has 29 units. This would allow for each unit to reach a greater level of affordability than before, and it would collaborate with South Main to efficiently deal with their electrical powerline easement while providing the community with a key trail connection opportunity in the future. Figure 3 - Conceptual sketch plan re-imagining the Southwest corner of South Main as it relates to the Carbonate Street development. The red line down the middle represents the current edge of South Main's subdivision. Conclusion Fading West is preparing a full 2nd draft of the conceptual site plan, which will be ready for presentation to the Planning & Zoning Commission on May 18th. No Commission action is requested. Instead, staff and Fading West seek to hear Commission questions, feedback, concerns, etc. This feedback, together with that gathered through a 2nd round of community input over the next several weeks, will inform the 3rd version of the sketch plan which will be the basis of consideration at a joint P&Z and Board sketch plan meeting on June 28th. This joint meeting is meant to satisfy the sketch plan requirement of our Major Subdivision process as defined in the Unified Development Code. Photos from the design charrette meetings with community members and neighbors  Initial Concept Site Plan LEGEND 1 MIXED-USE BUILDINGS 2 CHILDCARE FACILITY 3 CHILDCARE OUTDOOR PLAY AREA 4 POCKET PARK Phase 1 5 IMPROVED ALLEY 8 6 IMPROVED CARBONATE STREET 7 SOUTH MAIN DEVELOPMENT 1 8 COLLEGIATE COMMONS 9 DETACHED UNIT 10 ATTACHED UNIT 1 4 11 ACCESSORY DWELLING UNIT 2 3 5 7 PROJECT DATA: PHASE 2: PHASE 1: For Sale: 15 Units + 3 ADUs Phase 2 For Rent: 50 Units 7 Single Family Detached Units 10 5 • 30 Studio Units 6 9 • 20 One Bedroom Units - (1) 2 bed / 2 bath - (5) 3 bed / 3 bath Childcare Facility: 3000 sf with 3000 sf - (1) 4 bed / 4 bath 7 dedicated outdoor space 6 Single Family Attached Units 5 11 Commercial Space: 5150 sf - 3 bed / 3 bath 1 Duplex Unit Parking: 70 total spaces • 1 space per rental unit - 50 total spaces - 3 bed / 3 bath 3 One Bedroom ADUs • 3 spaces per 1000 sf Commercial - 15 spaces 4 • 1 space per employee Child Care Center - 5 spaces 4 Carbonate Street Development - Board of Trustees Meeting DATE: May 13, 2022 TO: Planning & Zoning Commission FROM: Joseph Teipel, Planning Director RE: Housing Affordability Code Audit MEMO This memo is a short reminder of context for Wednesday’s discussion on the Housing Affordability Code Audit (‘audit’). During the legislative session of 2021, the state legislature passes HB-1271. This bill created three distinct grants programs, two of which are being administered by the Department of Local Affairs’ Division of Housing (DOH) – an Innovative Housing Strategies planning grant (IHOP), and an affordable housing incentives grant program. The bill also defined a list of ‘qualifying strategies’ (these are included below as written in the text of HB-1271) that are meant to guide local governments towards policy and other changes they could make to incentivize affordable housing creation. The IHOP grant is meant to give municipalities money in order to research and ultimately implement qualifying strategies that may be appropriate for their communities. In turn, in order to be eligible to apply for the (larger) incentives grant funding, municipalities must demonstrate they have adopted at least three of the qualifying strategies. Even though Buena Vista already utilizes three (highlighted in yellow below) of the qualifying strategies, it was recognized that the affordable housing crisis required additional expert help to ensure no stone was left unturned in the search for solutions. So, in September 2021, Town staff successfully applied for funding from the IHOP program in order to conduct a code audit meant to examine our UDC as well as our planning department policies and procedures in order to identify tweaks/changes that could incentivize or encourage the creation of affordable housing. A consultant was selected following a procurement process in January, and work commenced in earnest in February. Attached is the proposal submitted by the chosen consultant team. Please read through it to familiarize yourself with the scope of work and methodologies. To date, they have completed their audit, conducted numerous developer, community, and staff interviews, and held an initial public input meeting. While a full draft report is still in the works, they and staff have worked together to identify key ideas, recommendations, and items for discussion with the Commission. We expect a full draft report by the end of June, which will reference and utilize the draft of the forthcoming update the the Chaffee County Housing Needs Assessment (HNA).  (f) "MIXED INCOME DEVELOPMENT" MEANS HOUSING THAT INCORPORATES MIXED INCOME DEVELOPMENT IN THAT SOME, BUT NOT ALL, HOUSING UNITS WITHIN A PARTICULAR DEVELOPMENT HAVE RESTRICTED RATES AT OR BELOW THE INCOME LEVELS SPECIFIED IN SUBSECTION (1)(a) OF THIS SECTION IN ADDITION TO SOME UNITS THAT ARE ABOVE SUCH INCOME LEVELS WITH OR WITHOUT SUCH RESTRICTED RATES. (g) "PLANNING GRANT PROGRAM" MEANS THE LOCAL GOVERNMENT PLANNING GRANT PROGRAM CREATED IN SUBSECTION (5) OF THIS SECTION. (2) THERE IS HEREBY CREATED IN THE DEPARTMENT THE LOCAL GOVERNMENT AFFORDABLE HOUSING DEVELOPMENT INCENTIVES GRANT PROGRAM TO PROVIDE GRANTS TO LOCAL GOVERNMENTS THAT ADOPT ONE OR MORE POLICY OR REGULATORY TOOLS THAT CREATE INCENTIVES TO PROMOTE THE DEVELOPMENT OF AFFORDABLE HOUSING. A LOCAL GOVERNMENT THAT ADOPTS SUCH TOOLS IN ACCORDANCE WITH THIS SECTION IS ELIGIBLE FOR A GRANT FROM THE HOUSING DEVELOPMENT INCENTIVES GRANT PROGRAM AS AN INCENTIVE TO DEVELOP ONE OR MORE AFFORDABLE HOUSING DEVELOPMENTS IN THEIR COMMUNITY OR REGION THAT ARE DRIVEN BY COMMUNITY BENEFITS AND THAT FOCUS ON CRITICAL HOUSING NEEDS AS IDENTIFIED BY THE LOCAL GOVERNMENT. THE DIVISION SHALL ADMINISTER THE HOUSING DEVELOPMENT INCENTIVES GRANT PROGRAM. (3) (a) AS PART OF THE POLICIES, PROCEDURES, AND GUIDELINES THE DIVISION IS REQUIRED TO ADOPT FOR THE HOUSING DEVELOPMENT INCENTIVES GRANT PROGRAM PURSUANT TO SUBSECTION (6)(a) OF THIS SECTION, THE DIVISION SHALL DEVELOP A MENU OF DIFFERENT POLICY OR REGULATORY TOOLS THAT LOCAL GOVERNMENTS MAY ADOPT AS INCENTIVES TO PROMOTE AFFORDABLE HOUSING DEVELOPMENT WITHIN THEIR TERRITORIAL BOUNDARIES OR ACROSS THEIR REGION. (b) (I) THE MENU OF TOOLS THE DIVISION MUST DEVELOP PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION MUST INCLUDE SUCH INCENTIVES TO PROMOTE AFFORDABLE HOUSING DEVELOPMENT INCLUDING BUT NOT LIMITED TO: (A) THE USE OF VACANT PUBLICLY OWNED REAL PROPERTY WITHIN THE LOCAL GOVERNMENT FOR THE DEVELOPMENT OF AFFORDABLE HOUSING; PAGE 6-HOUSE BILL 21-1271  (B) THE CREATION OF A PROGRAM TO SUBSIDIZE OR OTHERWISE REDUCE LOCAL DEVELOPMENT REVIEW OR FEES, INCLUDING BUT NOT LIMITED TO BUILDING PERMIT FEES, PLANNING WAIVERS, AND WATER AND SEWER TAP FEES, FOR AFFORDABLE HOUSING DEVELOPMENT; (C) THE CREATION OF AN EXPEDITED DEVELOPMENT REVIEW PROCESS FOR AFFORDABLE HOUSING AIMED AT HOUSEHOLDS THE ANNUAL INCOME OF WHICH IS AT OR BELOW ONE HUNDRED TWENTY PERCENT OF THE AREA MEDIAN INCOME OF HOUSEHOLDS OF THAT SIZE IN THE COUNTY IN WHICH THE HOUSING IS LOCATED; (D) THE CREATION OF AN EXPEDITED DEVELOPMENT REVIEW PROCESS FOR ACQUIRING OR REPURPOSING UNDERUTILIZED COMMERCIAL PROPERTY THAT CAN BE REZONED TO INCLUDE AFFORDABLE HOUSING UNITS, INCLUDING THE PRESERVATION OF EXISTING AFFORDABLE HOUSING UNITS; (E) THE ESTABLISHMENT OF A DENSITY BONUS PROGRAM TO INCREASE THE CONSTRUCTION OF UNITS THAT MEET CRITICAL HOUSING NEEDS IN THE LOCAL COMMUNITY; (F) WITH RESPECT TO WATER UTILITY CHARGES, THE CREATION OF PROCESSES TO PROMOTE THE USE OF SUB-METERING OF UTILITY CHARGES FOR AFFORDABLE HOUSING PROJECTS AND THE CREATION OF EXPERTISE IN WATER UTILITY MATTERS DEDICATED TO AFFORDABLE HOUSING PROJECTS; (G) WITH RESPECT TO INFRASTRUCTURE, THE CREATION OF A DEDICATED FUNDING SOURCE TO SUBSIDIZE INFRASTRUCTURE COSTS AND ASSOCIATED FEES RELATED TO PUBLICLY OWNED WATER, SANITARY SEWER, STORM SEWERS, AND ROADWAYS INFRASTRUCTURE; (H) GRANTING DUPLEXES, TRIPLEXES, OR OTHER APPROPRIATE MULTI-FAMILY HOUSING OPTIONS AS A USE BY RIGHT IN SINGLE-FAMILY RESIDENTIAL ZONING DISTRICTS; (I) THE CLASSIFICATION OF A PROPOSED AFFORDABLE HOUSING DEVELOPMENT AS A USE BY RIGHT WHEN IT MEETS THE BUILDING DENSITY AND DESIGN STANDARDS OF A GIVEN ZONING DISTRICT; (J) AUTHORIZING ACCESSORY DWELLING UNITS AS A USE BY RIGHT ON PARCELS IN SINGLE FAMILY ZONING DISTRICTS THAT MEET THE SAFETY PAGE 7-HOUSE BILL 21-1271 AND INFRASTRUCTURE CAPACITY CONSIDERATIONS OF LOCAL GOVERNMENTS; (K) ALLOWING PLANNED UNIT DEVELOPMENTS WITH INTEGRATED AFFORDABLE HOUSING UNITS; (L) ALLOWING THE DEVELOPMENT OF SMALL SQUARE FOOTAGE RESIDENTIAL UNIT SIZES; (M) LESSENED MINIMUM PARKING REQUIREMENTS FOR NEW AFFORDABLE HOUSING DEVELOPMENTS; AND (N) THE CREATION OF A LAND DONATION, LAND ACQUISITION, OR LAND BANKING PROGRAM. (II) IN ADDITION TO THE ITEMS LISTED IN SUBSECTION (3)(b)(I) OF THIS SECTION, THE POLICIES, PROCEDURES, AND GUIDELINES ADOPTED BY THE DIVISION MUST ALSO ALLOW FOR THE ADOPTION BY A LOCAL GOVERNMENT OF ADDITIONAL POLICY OR REGULATORY TOOLS THAT PROVIDE NOVEL, CREATIVE, OR INNOVATIVE INCENTIVES TO THE DEVELOPMENT OF AFFORDABLE HOUSING. (4) (a) IN THE POLICIES, PROCEDURES, AND GUIDELINES THE DIVISION IS REQUIRED TO ADOPT FOR THE HOUSING DEVELOPMENT INCENTIVES GRANT PROGRAM PURSUANT TO SUBSECTION (6)(a) OF THIS SECTION, THE DIVISION SHALL SPECIFY, WITHOUT LIMITATION: (I) THE MANNER BY WHICH A LOCAL GOVERNMENT BECOMES AN ELIGIBLE RECIPIENT FOR THE GRANT PROGRAM AND THE CRITERIA USED TO DETERMINE ELIGIBILITY; (II) THE MANNER IN WHICH A LOCAL GOVERNMENT'S ONGOING COMMITMENT TO REFINE AND EXPAND ITS LAND USE POLICIES AFFECTS THE COMPETITIVENESS OF ITS GRANT APPLICATION; AND (III) A REQUIREMENT THAT A LOCAL GOVERNMENT SHALL SELECT NOT LESS THAN THREE OPTIONS FROM THE MENU OF POLICY OR REGULATORY TOOLS SPECIFIED IN SUBSECTION (3)(b) OF THIS SECTION. (b) IN EVALUATING APPLICATIONS FOR GRANTS FROM THE HOUSING PAGE 8-HOUSE BILL 21-1271 CODE & DEVELOPMENT REVIEW PROCESS AUDIT PREPARED FOR The Town of Buena Vista December 20, 2021 Photo by alyssa teboda on Unsplash SUBMITTED BY Cappelli Consulting Clarion Associates Williford LLC COVER LETTER Page 01 Dear Mr. Joseph Teipel, We are pleased to submit this proposal as a consulting team composed of the following firms: Cappelli Consulting, Clarion Associates, and Williford LLC. Our team brings significant breadth and depth of experience through our work with a diversity of communities across the state. We will draw on this expertise to help you analyze your governing, planning, and land use policies and optimize them to meet your housing goals. We bring a cumulative 50+ years of affordable housing and equitable land use code development experience. Some key facts about our team: We are dedicated to increasing access to housing and passionate about its ability to transform people’s lives and communities for the better. We are passionate about helping communities create or redevelop land use codes so they become a reflection of - rather than an impediment to - their goals and values. We have extensive experience working with mountain and rural communities on land use and affordable housing policy. Our collective education and experience includes city planning, municipal code drafting, community organizing, development, finance, management and operations, project management, economic development, participation in and interaction with public committees, and organizational leadership. Our clients include non-profit, for-profit, and government agencies large and small. Our team is a strong collaborative of independent consultants; allowing us to be agile and flexible in our response to Buena Vista's needs. To conduct this audit of the Unified Development Code and Development Review processes, we will leverage our collective planning and zoning code experience to provide a detailed analysis, and then work in partnership with the Town and stakeholders to ensure recommended changes are in line with the priorities and goals of the community. Thank you for your consideration of our proposal. Sincerely, Jonathan Cappelli, Cappelli Consulting Don Elliott, Clarion Associates Willa Williford, Williford, LLC UNDERSTANDING THE CONTEXT Page 02 Local housing challenges have been recognized by the community of Buena Vista for well over a decade, and the Town has been focused on addressing these issues for years. This is evidenced in the Town’s last two Comprehensive Plans and its collaborative efforts to help quantify and address these issues through the Chaffee County-wide Housing Needs Assessment update. Recently, the Town has implemented several recommendations from these planning documents, such as: become part of a Multijurisdictional Housing Authority, make regulatory changes to address the pressures of Short Term Rentals, contribute Town-owned land to bring down the cost of development, and propose land use code changes to incentivize development and lessen regulatory barriers driving up development costs. Despite the actions taken above, ongoing market pressures have pushed housing costs even further out of reach for many members of the community. In a recent survey conducted by the Chaffee County Housing Authority, 89% of renters felt that the County needed more affordable housing, and 59% of respondents described themselves as renters who, despite their desire otherwise, have found homeownership to be out of reach. Additional adjustments to regulatory processes are needed to foster housing development at more affordable price points. Currently, the Town has the community support and political will to make these critical changes. However, in order to preserve this level of community support, recommendations must also keep in mind the value Buena Vista residents place on the existing character and history of the Town. Thus, the task of this initiative is to identify barriers to affordable housing present in the UDC, Comprehensive Plan, and Development Review Processes; recommend changes that would make the regulatory environment more favorable to affordable housing production; secure community buy-in for an update to those processes; and ensure that the proposed changes are sufficient to support efforts to close the gap between current production levels and those recommended in the HNA update. APPROACH Page 03 For this effort to be successful, it will need to coordinate with Town Planning Staff and the Chaffee Housing Authority, secure community buy-in, bring lessons to bear from other communities facing similar housing pressures, and respond to its unique and novel challenges with equally innovative solutions, An outline of our proposed approach is below, with a timeline for these activities included on Page 5. METHODOLOGY Phase 1 - Research/Review Conduct an Initial reading and annotation of the Unified Development Code (UDC), Comprehensive Plan, and Development Review Processes Interview local developers such as FadingWest, the Chaffee Housing Trust, and others to understand both real and perceived barriers to creating and preserving workforce housing Interview the County Housing Director/Executive Director of the Chaffee Housing Authority to understand how County-level housing efforts affect Buena Vista Interface with Town staff to understand the implementation status of the current Comprehensive Plan and preliminary recommendations of the pending Housing Needs Assessment (HNA) update Phase 2 - Developing Recommendations Aggregate initial findings from our review of the UDC, Comprehensive Plan, Development Review process, and stakeholder interviews Conduct an iterative process with Town staff and HNA consultants to identify methods that bring affordability outcomes in alignment with developing HNA targets Phase 3 - Outreach Support town staff community outreach efforts through strategic message crafting and meeting facilitation Implement a messaging framework that clearly communicates the WHY, the HOW, and the WHAT, for each of the developed recommendations to community members and stakeholders APPROACH Page 04 Phase 3 - Outreach cont. Conduct an inclusive community outreach process. This will be accomplished by avoiding "planner speak", using a variety of outreach methods to ensure a lack of information is not a barrier to participation, and communicating planned changes in a format that is accessible to general audiences Synthesize initial recommendations with community feedback for the Planning and Zoning Commision and the Board of Trustees Phase 4 - Final Drafting Draft agreed upon recommendations into a format that can be easily adopted through code amendment processes Present above recommendations to the Board of Trustees in a digestible format Make revisions to the draft code changes if necessary  APPROACH - PROPOSED TIMELINE Page 05 Initial meeting Aggregate Develop between findings messaging consulting team Check in with strategy & and Buena Vista HNA materials staff Consultants Facilitate/ Preview with participate in staff meetings with the community and Town leaders Phase 2 Findings Phase 3 Project Kickoff and Preliminary Outreach Reccomendations Campaign Week of March July-August Jan 24 February June September Phase 1 Updated HNA Phase 4 Research/ Released Final Drafting Review Review UDC Updated HNA Draft final Review Comp released recommendations Plan Alignment of HNA Final presentation Review goals with Revision process if Development preliminary necessary Review recommendations Processes Interviews Coordination calls with staff APPROACH - INNOVATION IN RESPONSE TO LOCAL Page 06 NEEDS "What makes your approach innovative, and how will you adapt your experience to fit with the unique characteristics of Buena Vista?" We understand that the pressures of resort- community levels of tourism, pandemic impacts, and population growth in Buena Vista today combine to create a situation unlike any it has faced in the past. We will work together with the Town to help it rise to meet this challenge by: 1. Harnessing our depth of experience with Buena Vista's code to ensure no stone is left unturned in the audit of current practices and the search for the most effective solutions 2. Conducting a comparative study of other municipalities facing similar challenges in search of solutions that may be transferable to Buena Vista 3. Seeking to innovate new ways to incentivize affordable housing as necessary in light of Buena Vista's unique regulatory and economic landscape Photo by alyssa teboda on Unsplash Additionally, our approach recognizes the work the Town of Buena Vista has already put in to understand its need for affordable housing. Consultant team-member Clarion Associates has extensive experience working with Buena Vista to craft effective development regulations, and understands the values and desires of the Town's citizens as expressed during that process. Finally, we recognize that many tools to address housing affordability are already in place or underway in Buena Vista; thus laying a strong foundation for future land use and regulatory changes. Nevertheless, the most meaningful changes (in areas such as design, density optimization, etc.) needed to support housing affordability may appear to certain stakeholders as being in conflict with other community values. To address this challenge, our team brings to Buena Vista nationwide experience in conducting those difficult conversations and reaching solutions that reflect community values while meeting community needs. SIMILAR WORK EXPERIENCE Page 07 Our team has decades of experience working at the intersection of land use and housing affordability for dozens of communities across the State and Country. Three recent and relevant projects are described below . Samples from each project are available in the appendix. Clarion Associates AFFORDABLE Drafted an ordinance to incentivize affordable HOUSING housing during the time when an entire citywide BONUS zoning code rewrite is in process. Boise, Idaho Contact : Andrea Tuning Senior Planner, Boise ID (208) 608-7078 atuning@cityofboise.org Completed : August 2020 Cappelli Consulting & Williford LLC ZONING CODE Conducted a code review to identify barriers to ANALYSIS the creation of affordable housing; Leadville, recommendations included alignment of density Colorado requirements to support allowed uses and the addition of small mf as a use by right in low- density residential areas. Contact : Kristi Galarza Housing Manager, Lake County Build A Generation (719) 293-4573 kristi@lcbag.org Completed : May 2021 Clarion Associates CODE Evaluated current zoning and development ASSESSMENT ordinances to identify barriers to production and FOR preservation of affordable housing and AFFORDABLE recommend code changes to address them. HOUSING Contact : Marty Matsen Bozeman, Bozeman Community Development Director (406) 582-2262 Montana mmatsen@bozeman.net Completed : October 2021 OUR TEAM Page 08 Cappelli Consulting Founded in 2015, Cappelli Consulting is a 3-person firm working with states, cities, towns, nonprofits, and foundations to find solutions to their affordable housing, environmental, land use, and other public policy or programmatic challenges. Our team’s collective experience includes urban planning, housing development, advocacy, program implementation, community engagement, and research. We have provided housing policy, development, and land use assistance in over a dozen communities across Colorado; most recently in Craig, Lake County, and Durango; and are part of the designated consultant team for the CHFA SHP housing technical assistance program. Jonathan Cappelli Jonathan is the principal of Cappelli Consulting, LLC. Experienced in affordable housing policy and development, he received his MA in Urban and Regional Planning from the University of Colorado, Denver, his BA in Political and Environmental Science from St. Olaf College, MN, and serves on the Board of Housing Colorado. Prior to founding Cappelli Consulting, he worked in affordable housing development for the Urban Land Conservancy. Mary Coddington Mary is a program manager at Cappelli Consulting. She has leveraged her background in urban planning to work on land-use, community engagement, GIS mapping, and data visualization work for public, non- profit, community, and philanthropic clients in Metro-Denver, Sterling, Craig, Leadville, Durango, Pueblo, and Alamosa. Mary has a Master’s of Urban Planning from the University of Colorado, Denver. Augustina Remedios Augustina is an Associate at Cappelli Consulting with a Bachelor of Science in City and Regional Planning from California Polytechnic State University. Prior to joining Cappelli Consulting, she was an AmeriCorps VISTA Volunteer for both Lake County Build A Generation and Chaffee Housing Trust. At Chaffee Housing Trust, she played a supporting role in expanding the organization's impact in both Chaffee and Lake Counties. OUR TEAM Page 09 Clarion Associates Founded in 1992, Clarion is known for its expertise in comprehensive planning, zoning, and plan implementation. The firm specializes in: Innovative development codes Inclusive citizen engagement Sustainable development codes Web-based plans and codes Historic preservation plans and ordinances Clarion has updated over 220 zoning, subdivision, and unified development codes; nearly all of which have been adopted and implemented. The firm has particular expertise in promoting housing diversity and reducing barriers to affordable housing development. Almost all of their development code projects involve affordable housing development by increasing the diversity of housing allowable in different neighborhoods, adopting market-based affordable housing incentives, and procedural streamlining for attainable and affordable housing projects. Recent Unified Development Code projects that have addressed these issues have included work in Bloomington, IN, Rochester MN, Colorado Springs, CO, and Boise, ID, among others. Donald L. Elliott, FAICP Don is a Director with Clarion Associates, LLC. His practice focuses on land development regulation and fair and affordable housing. He also teaches a graduate level course on Land Use Regulation at CU Denver. Don has a bachelor’s degree in Urban Planning and Policy Analysis from Yale University, a law degree from Harvard Law School, and a master’s degree in City and Regional Planning from the John F. Kennedy School of Government at Harvard. Joe Green Before joining Clarion Associates in 2020, Joe worked in Thornton, CO’s Policy Planning office for 3 years. He has experience with a variety of analytical tools and design software that can help communities understand and visualize complex planning concepts. His previous work in local government has given him experience with planning projects related to land use, transportation, and sustainability. OUR TEAM Page 10 Williford LLC Williford LLC provides strategic planning, technical assistance, financial analysis, and project management for housing development focused on attainable housing for local residents. Their consulting services are tailored for housing solutions in the mountain west. They support local communities, non-profits, and the private sector clients to understand housing markets, create strategies to address housing problems, build new housing, improve existing assets, and create deeper understanding and commitment to solutions through technical assistance and facilitation. Willa Williford Willa is the principal of Williford, LLC. She assists communities across the mountain west with strategic planning, capacity building, fundraising, and using community based strategies to address their housing needs. Prior to consulting, she served as Housing Director for Boulder County, Colorado, where she was responsible for adding 500 new affordable homes, and developing financially sustainable, results- oriented programs and policies. Willa holds a Master of Urban and Regional Planning degree from University of Colorado at Denver, and an undergraduate degree in political science from Reed College in Portland, Oregon. OUR TEAM - COLLABORATION APPROACH Page 11 Cappelli Clarion Williford Consulting Associates LLC Project Kickoff Phase 1 UDC Analysis Comp. Plan Analysis Dev. Review Analysis Interviews Phase 2 Aggregate Findings Meet w/HNA team Preview with BV staff Recommendations Phase 3 Messaging & Materials Public Outreach Preview for P&Z and BOT Phase 4 Draft into Code Language Final Presentation Report Lead Support  The Buena Vista Planning & Zoning Commission June 1, 2022 at 7:00 PM Commission Members and Staff will meet at the Community Center. The public is encouraged to join the meeting 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://us02web.zoom.us/j/85826686080 Listen via phone at 1-720-707-2699 Meeting ID: 858 2668 6080 Passcode: BuenaVista 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 – May 18, 2022 VI. Public Comment VII. New Business 1. Public Hearing – Special Use Permit for a short-term rental at 637 E. Main St. 2. Public Hearing – Major Site Plan for 19 multifamily residential units and accessory office/personal service uses located at 326 East Arkansas Street VIII. Staff/Commission Interaction IX. Adjournment This Agenda was Posted at Buena Vista Town Hall and www.buenavistaco.gov on May 16, 2022