Planning and Zoning Commission - Packets

The Buena Vista Planning & Zoning Commission January 17th, 2024 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://us06web.zoom.us/j/6167636701?pwd=dDR3bldCRzRVMjhEaGV5SHZYZmxpdz09 Meeting ID: 616 763 6701 Passcode: y55sbm Listen via phone at: 1-720-707-2699 Meeting ID: 616 763 6701 Passcode: 554022 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 – December 6th, 2023 VI. Public Comment VII. New Business 1. Public Hearing–Proposed changes to Unified Development Code • Item I: An Ordinance amending the certain subsections of section 16.04 of the UDC concerning parking requirements and standards for acceptance of payments of cash in lieu for parking requirements. • Item II: An Ordinance amending Chapter 11, Article VI, Section 6-5 and certain sections of Article 16.03 of the UDC concerning the use of public places, to create licensing process for encroachments on public property and clarifying terminology. • Item III: An Ordinance amending the UDC concerning submittal requirements. VIII. Staff/Commission Interaction IX. Adjournment  Minutes of the Regular Meeting of the Buena Vista Planning and Zoning Commission December 6th, 2023 DRAFT CALL TO ORDER A meeting of the Planning and Zoning Commission was called to order at 7:01 p.m., on Wednesday, December 6th, 2023, at the Community Center by Chair Preston Larimer. Staff Present: Planning Director Joel Benson, Planner I Caroline Mahoney, and Planning Technician Jamie Graves PLEDGE OF ALLEGIANCE Larimer led in the Pledge of Allegiance. ROLL CALL Benson proceeded with the roll call and declared a quorum. Attendee Name Title Status Preston Larimer Chair Present Lynn Schultz-Writsel Vice Chair Present Tony LaGreca Commissioner Present Craig Brown Commissioner Present Blake Bennetts Commissioner Present via Zoom Thomas Brown Alternate Present Thomas Doumas Alternate Present via Zoom AGENDA ADOPTION Larimer called for approval of the agenda. Commissioner Craig Brown motioned to adopt the agenda as amended and was seconded by Commissioner Schultz-Writsel. Motion #1 passed. APPROVAL OF MINUTES Schultz-Writsel motioned to approve meeting minutes from November 1st, 2023, as presented. Brown seconded. Motion #2 was unanimously approved. PUBLIC COMMENT Public comment was opened at 7:05 p.m. With no comments, public comment was closed at 7:05 p.m. SPECIAL PRESENTATION Larimer presented commemorative plaques to Schultz-Writsel and Doumas in thanks for their service on the Commission. NEW BUSINESS Larimer introduced new business by outlining the order of items to attendees. Larimer began Item #1 with an introduction of Commission members, followed by an introduction of the Water Advisory Board Members by W.A.B. Chair Kelly Collins. Larimer invited Commissioners and Water Advisory Board Members to openly discuss how the Commission and Board can work together. Key topics of discussion included: Water Districts, The Source Water Protection Plan, The Water Conservation Plan, voluntary water conservation incentives, water quality with relation to Augmented Water Certificates and septic systems, water use education, and peak water usage seasonality metrics, especially in relation to new development applications and rural mountain town growth in general. No decisions were made, but the subject of water conservation and resource management will continue. After a brief break, Benson introduced Item #2, the 2023 3-Mile Plan, with a slideshow of Key Points, the purpose of the 3-Mile Plan, and a description of the Areas of Desired Growth. Benson requested the Commissioners review and discuss the Plan with possible motion to recommend approval, denial, or approval with amendments to the Board of Trustees. Commissioners discussed the 3-Mile Plan and suggested amendments including: minor editorial cleanup, and the addition of Source Water District documents and map legend Titles. Larimer requested a motion to recommend approval with suggested amendments to The Board of Trustees. LaGreca motioned to recommend approval with amendments to The Board of Trustees. Schutlz- Writsel Seconds the motion. Motion #3 Passed unanimously. The 3-Mile Plan will be amended as approved and presented to the Board of Trustees. STAFF / COMMISSION INTERACTION Larimer requested the Commission elect a new Vice Chair to replace Commissioner Schultz-Writsel. Schultz- Writsel nominated Commissioner LaGreca as Vice Chair. LaGreca accepted the nomination. Commissioner Craig Brown seconded the nomination. Larimer called for a vote on the nomination. The nomination passed unanimously, and Commissioner LaGreca was voted in as the new Vice Chair. Benson described the process to move alternate member Thomas Brown up to voting member. Future term expirations were discussed. Commissioners discussed the new member application process. Larimer outlined upcoming meeting schedules. Benson discussed upcoming topics for the January 17th, 2024 meeting. ______________________________________________________________________________________ ADJOURNMENT There being no further business, Commissioner Schultz-Writsel motioned to adjourn the meeting at 9:11 p.m. LaGreca seconded. Motion #4 was unanimously approved. Respectfully submitted: Preston Larimer, Chair Caroline Mahoney, Planner I DATE: December 29, 2023 TO: Planning and Zoning Commission FROM: Joel Benson, Planning Director; Caroline Mahoney, Planner I RE: Public Hearing: Proposed Changes to the UDC MEMO Process: This is a Public Hearing. A�er opening the public hearing, the Chair should read the �tles of the three proposed ordinances under considera�on. The Commission should then hear about the ordinances and their ra�onale from staff. A�er clarifying ques�ons, the Chair shall open the floor to public comment. When the public has commented, the Chair shall close the public comment por�on of the hearing and the Commission shall deliberate before making three mo�ons, one for each proposed ordinance. Background: There are three ordinances for considera�on before the Commission. These proposed code changes are the result of ques�ons that have arisen through review of the Unified Development Code and that will increase efficiencies and clarity. The memo outlines these changes and the complete dra� ordinances are atached for review. Description of Ordinances: Item I. Ordinance #_____: AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA AMENDING CERTAIN SUBSECTIONS OF SECTION 16.04 CONCERNING PARKING REQUIREMENTS AND STANDARDS FOR ACCEPTANCE OF PAYMENTS OF CASH IN LIEU FOR PARKING REQUIREMENTS Adds a cash in lieu for parking op�on outside of MU-MS, east of the highway in old town plat. This allows for flexibility with parking requirements if there is a demonstrated associated economic benefit to the Town and the community in terms of year around employment opportuni�es, expansion of affordable housing, or diversifica�on of housing stock or commercial enterprises. This does allow the Board to determine that cash-in-lieu is not available as an alterna�ve if the required parking, or por�on thereof, can be made available to serve the development.  Addi�onally, adds clearer language that, while there is a minimum parking required east of the highway in the Old Town (reference map dated 1905), there may be addi�onal parking required based on the parking table already within the code. Item II. Ordinance #_____: AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA AMENDING CHAPTER 11, ARTICLE VI, SECTION 6-5, AND CERTAIN SECTIONS OF ARTICLE 16.03 OF THE BUENA VISTA MUNICIPAL CODE, CONCERNING USE OF PUBLIC PLACES, TO CREATE LICENSING PROCESS FOR ENCROACHMENTS ON PUBLIC PROPERTY, AND CLARIFYING TERMINOLOGY Adds a process for encroachment permits. These are referenced in the code and there has not been an established process, so applicants do not know what to do and there is inconsistency when staff turn over. Item III. Ordinance #_____: AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA AMENDING SECTIONS OF THE BUENA VISTA MUNICIPAL CODE CONCERNING SUBMITTAL REQUIREMENTS This removes the requirement of so many paper copies and adds the requirement of an electronic copy. Typically, the review is carried out electronically and redlines made to the pdf version. Paper copies are not needed except for some reviews, for which one copy suffices. Planning and Zoning Commission Ac�on: Staff recommend that the commission make three separate mo�ons: Move to recommend adoption, deny adoption, or recommend adoption with changes of AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA AMENDING CERTAIN SUBSECTIONS OF SECTION 16.04 CONCERNING PARKING REQUIREMENTS AND STANDARDS FOR ACCEPTANCE OF PAYMENTS OF CASH IN LIEU FOR PARKING REQUIREMENTS Move to recommend adoption, deny adoption, or recommend adoption with changes of AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA AMENDING CHAPTER 11, ARTICLE VI, SECTION 6-5, AND CERTAIN SECTIONS OF ARTICLE 16.03 OF THE BUENA VISTA MUNICIPAL CODE, CONCERNING USE OF PUBLIC PLACES, TO CREATE LICENSING PROCESS FOR ENCROACHMENTS ON PUBLIC PROPERTY, AND CLARIFYING TERMINOLOGY Move to recommend adoption, deny adoption, or recommend adoption with changes of AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA AMENDING SECTIONS OF THE BUENA VISTA MUNICIPAL CODE CONCERNING SUBMITTAL REQUIREMENTS  Item I. Draft TOWN OF BUENA VISTA, COLORADO ORDINANCE NO. ___ (SERIES OF 2024) AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA AMENDING CERTAIN SUBSECTIONS OF SECTION 16.04 CONCERNING PARKING REQUIREMENTS AND STANDARDS FOR ACCEPTANCE OF PAYMENTS OF CASH IN LIEU FOR PARKING REQUIREMENTS WHEREAS, the Board of Trustees desires to clarify certain parking requirements and provide parameters for qualifying for a cash in lieu payment; and WHEREAS, the Board of Trustees finds that these amendments are necessary to protect the health, safety and welfare of the Town citizens. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA, COLORADO, THAT: Section 1. Section 16.04.4.3.2.B.1 of the Buena Vista Municipal Code is hereby amended to read as follows: Properties with payment of a fee-in-lieu as determined by resolution of the Board of Trustees and approved in accordance with section 16.04.4.3.5.E. Section 2. Section 16.04.4.3.4.A of the Buena Vista Municipal Code is hereby amended to read as follows: A. Minimum Required Off-Street Parking Spaces Downtown. The area generally located east of Highway 24 and within the Original Town of Buena Vista plat, dated 1905, and not abutting the highway shall be subject to a minimum off-street parking requirement of one and one-half parking spaces per twenty-five (25) linear feet of street frontage. For example, a lot that is retail and medical marijuana stores and dual operations (25) feet wide shall require two parking spaces one and one-half (1.5) spaces rounded up to the next whole number. Two (2) lots that total fifty (50) linear feet of street frontage require three (3) parking spaces. No additional parking is required for ADUs or single room occupancy in this area; however, the Town may require additional parking based upon Table 4.1 below for other uses. Section 3. Section 16.04.4.3.5.E of the Buena Vista Municipal Code is hereby amended and current subsection E is re-lettered to F to read as follows: E. Cash In Lieu. To be eligible for payment of the cash in lieu of any parking requirement, the applicant shall demonstrate the development associated with the parking brings an economic benefit to the Town and the community in terms of year around employment opportunities, expansion of affordable housing, or diversification of housing stock or commercial enterprises. In addition to other basis for denial of a request to pay the cash in lieu, the Board may determine that cash-in-lieu is not available as an alternative if the required parking, or portion thereof, can be made available to serve the development. 1  Item I. Draft F. Parking Alternative Reductions are Cumulative. Any combination of parking alternative reductions in this section may be applied cumulatively. Section 4. Severability. If any article, section, paragraph, sentence, clause, or phrase of this Ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Board of Trustees hereby declares that it would have passed this Ordinance and each part or parts hereof irrespective of the fact that any part or parts be declared unconstitutional or invalid. Section 5. Safety. This Ordinance is deemed necessary for the protection of the health, welfare and safety of the community. INTRODUCED, READ, ADOPTED AND ORDERED PUBLISHED this __________ day of ____________________, 2023. THIS ORDINANCE SHALL BECOME EFFECTIVE THIRTY (30) DAYS FROM PUBLICATION. TOWN OF BUENA VISTA, COLORADO By: ________________________________ Libby Fay, Mayor ATTEST: _________________________________ Paula Barnett, Town Clerk (SEAL) 2 Item I. Reference Map  Item II. Draft TOWN OF BUENA VISTA, COLORADO ORDINANCE NO. ___ (SERIES OF 2024) AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA AMENDING CHAPTER 11, ARTICLE VI, SECTION 6-5, AND CERTAIN SECTIONS OF ARTICLE 16.03 OF THE BUENA VISTA MUNICIPAL CODE, CONCERNING USE OF PUBLIC PLACES, TO CREATE LICENSING PROCESS FOR ENCROACHMENTS ON PUBLIC PROPERTY, AND CLARIFYING TERMINOLOGY WHEREAS, the Town desires to formalize its long-standing administrative process for the issuance of licenses permitting encroachments on public property; and WHEREAS, the Board of Trustees has determined formalizing the encroachment licensing process is in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA, COLORADO, THAT: Section 1. Chapter 11, Article IV of the Buena Vista Municipal Code is hereby amended by the addition of a new Section to read as follows: Sec. 11-118. – Encroachments on Public Property – License Required A. No person shall construct, install, or place any encroachment, such as signs, fences, private vertical landscaping, or structures, or portion of a structure, whether temporary or permanent, in the public right-of-way or public property without first obtaining a license agreement approved by Town. B. A fee for processing the revocable license agreement shall be set by the Board of Trustees. The license agreement shall be revocable at will by the Town. C. Application. 1. An application for an encroachment license shall be made on a form provided by the Town. Upon submission of a complete application, the Public Works Director shall forward copies of the applications to all appropriate departments for review and comment. The application shall be accompanied by any applicable fee. 2. Upon approval by appropriate departments, the Public Works Director shall prepare a license agreement to be signed first by the applicant and final signature by the applicable decision-maker. 3. Encroachments of a permanent nature, which cannot be readily moved or removed from their location, or any encroachment within the developed portion of any street or alley, must be referred to the Board of Trustees for decision. All other 1  Item II. Draft encroachment may be approved by the Town Administrator. The Town Administrator, in their sole discretion, may refer any application to the Board of Trustees for a decision. D. Standards for Approval. A revocable license agreement may be approved if the application meets the following criteria: 1. The proposed encroachment does not create an obstruction to vehicle, bicycle or pedestrian traffic in any way within existing or planned travel lanes and/or pathways; 2. The proposed encroachment does not infringe upon any easement rights held by the Town, other public agencies or utilities; 3. The proposed encroachment does not obstruct the clear sight triangle, as described in Section 16.04.4.4.4.E.2, as determined by the Public Works Director; 4. The proposed encroachment does not create or contribute to a safety hazard; 5. The proposed encroachment meets all standards and requirements of the Town; 6. The proposed encroachment will not have to be relocated in the next forty- eight (48) months due to a planned Town project and as determined by the Public Works Director. 7. The encroachment is not located in any public park, open space, or utility, drainage or stormwater facility. E. Exceptions 1. Encroachments owned or maintained by the Town are not subject to the regulations in this section. Section 2. Section 6-5(4)(b) of the Buena Vista Municipal Code is amended to read as follows: The possession, by the licensee, of the changed premises by ownership, lease, rental, or other arrangement. If applicable, the timely filing of an application for an encroachment license corresponding to the modification if on public property. Section 3. Section 16.03.3.2.3.J.3 of the Buena Vista Municipal Code is amended to read as follows: Outdoor dining facilities in the public right-of-way shall require an encroachment license from the Town Administrator. 2  Item II. Draft Section 4. Section 16.03.3.2.3.K.6 of the Buena Vista Municipal Code is amended to read as follows: Outdoor dining facilities in the public right-of-way shall require an encroachment license from the Town Administrator. Section 5. Section 16.03.3.3.4.C.2 of the Buena Vista Municipal Code is amended to read as follows: Retail display areas in the public right-of-way shall first obtain an encroachment license from the Town. Section 6. Section 16.03.3.4.4.C.2.g of the Buena Vista Municipal Code is amended to read as follows: The use of a Town-owned parcel or park may be permitted, denied, or limited by the number of days by the Town Administrator based on the number of existing vendors already using the area, compatibility with existing uses or users of the space, permitted special events or any of the factors as set forth by paragraphs a through f above. Use of Town right-of-way shall require an encroachment license. Section 7. Severability. If any article, section, paragraph, sentence, clause, or phrase of this Ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Board of Trustees hereby declares that it would have passed this Ordinance and each part or parts hereof irrespective of the fact that any part or parts be declared unconstitutional or invalid. Section 8. Safety. This Ordinance is deemed necessary for the protection of the health, welfare and safety of the community. INTRODUCED, READ, ADOPTED AND ORDERED PUBLISHED this __________ day of ____________________, 2023. THIS ORDINANCE SHALL BECOME EFFECTIVE THIRTY (30) DAYS FROM PUBLICATION. TOWN OF BUENA VISTA, COLORADO By: ________________________________ Libby Fay, Mayor ATTEST: _________________________________ Paula Barnett, Town Clerk (SEAL) 3  Item III. Draft TOWN OF BUENA VISTA, COLORADO ORDINANCE NO. ___ (SERIES OF 2024) AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA AMENDING SECTIONS OF THE BUENA VISTA MUNICIPAL CODE CONCERNING SUBMITTAL REQUIREMENTS WHEREAS, the Town desires to update its submittal requirements to reduce the number of paper copies required to be supplied to the Town. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA, COLORADO, THAT: Section 1. Sec. 17-27(1) of the Buena Vista Municipal Code is hereby amended to read as follows: One (1) hard copy and one (1) electronic copy of preliminary condominium plat shall be submitted showing the following: * * * Section 2. Sec. 17-27 of the Buena Vista Municipal Code is hereby amended by the addition of a new subsection 5 to read as follows: (5) The Town may request additional hard copies of the submittal. Section 3. Sec. 17-28(2) of the Buena Vista Municipal Code is hereby amended to read as follows: Be accompanied by minimum of one (1) full-size (twenty-four (24) inches by thirty-six (36) inches) and one (1) half-size (eleven (11) inches by seventeen (17) inches) hard copy and one (1) electronic copy of a site plan at a maximum scale of one (1) inch equals fifty (50) feet, including the following: * * * Section 4. Sec. 17-28 of the Buena Vista Municipal Code is hereby amended by the addition of a new subsection 7 to read as follows: (7) The Town may request additional hard copies of the submittal. Section 5. Sec. 17-30(1)(b) of the Buena Vista Municipal Code is hereby amended to read as follows: Be accompanied by minimum of one (1) full-size (twenty-four (24) inches by thirty-six (36) inches) and one (1) half-size (eleven (11) inches by seventeen (17) inches) hard copy and one (1) electronic copy of a sketch plan for the proposed development meeting the 1  Item III. Draft requirements of subsection (i) below. The Town may request additional hard copies of submittal. Section 6. Sec. 17-30(2)(b) of the Buena Vista Municipal Code is hereby amended to read as follows: Be accompanied by a minimum of one (1) full-sized (twenty-four (24) inches by thirty-six (36) inches) and one (1) half-sized (eleven (11) inches by seventeen (17) inches) hard copy and one (1) electronic copy of preliminary plans meeting the requirements of this Code. The Town may request additional hard copies of the submittal. Section 7. Sec. 17-30(3)(b) of the Buena Vista Municipal Code is hereby amended to read as follows: Be accompanied by a minimum of one (1) full-sized (twenty-four (24) inches by thirty-six (36) inches) and one (1) half-sized (eleven (11) inches by seventeen (17) inches) hard copy and one (1) electronic copy of construction plans meeting the requirements of Article IV of this Chapter. The Town may request additional hard copies of the submittal. Section 8. Severability. If any article, section, paragraph, sentence, clause, or phrase of this Ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Board of Trustees hereby declares that it would have passed this Ordinance and each part or parts hereof irrespective of the fact that any part or parts be declared unconstitutional or invalid. Section 9. Safety. This Ordinance is deemed necessary for the protection of the health, welfare and safety of the community. INTRODUCED, READ, ADOPTED AND ORDERED PUBLISHED this __________ day of ____________________, 2023. THIS ORDINANCE SHALL BECOME EFFECTIVE THIRTY (30) DAYS FROM PUBLICATION. TOWN OF BUENA VISTA, COLORADO By: ________________________________ Libby Fay, Mayor ATTEST: _________________________________ Paula Barnett, Town Clerk (SEAL) 2