Planning and Zoning Commission - Packets

The Buena Vista Planning & Zoning Commission August 7th, 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 – July 17th, 2024 VI. Public Comment VII. New Business 1. Public Hearing: TriView/Chicago Ranch Annexation Zoning VIII. Staff/Commission Interaction IX. Adjournment  Minutes of the Regular Meeting of the Buena Vista Planning and Zoning Commission July 17th, 2024 draft minutes CALL TO ORDER A meeting of the Planning and Zoning Commission was called to order at 7:00 p.m., on Wednesday, July 17th, 2024, at the Community Center by Chair Preston Larimer. Staff Present: Planning Director Joel Benson, Planner I Caroline Mahoney, and Planning Technician Jamie Graves (via Zoom) PLEDGE OF ALLEGIANCE Larimer led in the Pledge of Allegiance. ROLL CALL Caroline Mahoney proceeded with the roll call and declared a quorum. Attendee Name Title Status Preston Larimer Chair Present Tony LaGreca Vice Chair Present Craig Brown Commissioner Present Blake Bennetts Commissioner Not Present Thomas Brown Commissioner Present Tina Bennetts Alternate Present Michael J. Westheimer Alternate Present AGENDA ADOPTION Larimer called for adoption of the agenda. Commissioner Craig Brown motioned to adopt the agenda and was seconded by Commissioner Thomas Brown. Motion #1 passed unanimously. APPROVAL OF MINUTES Thomas Brown motioned to approve meeting minutes from July 3rd, 2024. Craig Brown seconded. Motion #2 passed unanimously. PUBLIC COMMENT Public comment was opened at 7:02 p.m. With no comments, public comment was closed at 7:02 p.m. Page 1|4 NEW BUSINESS Larimer introduced new business item #1 at 7:03 p.m. by opening a Public Hearing regarding a Zone Change Application by Lenny Eckstein to change the Zoning at 105 Barnwood Dr. from Highway Commercial (H-C) to Light Industrial (I-1). Planning Director Benson introduced the application before inviting the applicant to give their presentation to the Commission. Benson cited errors in the public notification process of the original June 5th public hearing which prompted a new public hearing, replacing the previous hearing’s comments and decisions. At 7:07 p.m. Mr. Eckstein of 119 Meadow Lane presented to the Commission, highlighting existing uses, previous uses, adjacent zone districts, and goals for the property. At 7:22 p.m. Mr. Eckstein closed his presentation. With Mr. Ekstein’s presentation completed, Director Benson then gave the staff presentation to the Commission. Topics included the location of the subject property, the property’s existing zoning, current adjacent zoning, a Zone District Use comparison, and a brief overview of the historical context of the property and its original zoning designation in 1982 as B-2 (General Highway Commercial). Benson then provided a history of the commercial uses of the property. Benson presented all Rezoning Criteria required by the UDC for an application of this type. The proposed rezoning shall comply with at least 1 of the 4 following criteria: 1. Consistency with the Comprehensive Plan & purposes of the UDC; 2. Consistency with the purpose statement of the proposed zoning district; 3. There have been significant changes in the area to warrant a zoning change; or 4. There was an error in establishing the current zoning. Additionally, the proposed rezoning shall comply with BOTH of the following criteria: 1. The intensity of development in the new zoning district is not expected to create significantly adverse impacts to surrounding properties or the neighborhood; AND 2. Public facilities and services are available to adequately serve the subject property while maintaining an adequate level of service to existing development, including, but not limited to, public water supply, infrastructure, and water supply available, pursuant to subsection 16.04.4.8.1, to serve development that is likely to occur in the proposed new zone district. Benson closed his presentation with remarks for next steps required per Code: recommend approval of the rezoning to the Board of Trustees; continue the hearing to a certain date; or recommend denial of the proposed zoning. With presentations completed, Larimer opened Public Comment portion of the Public Hearing at 7:39 p.m. Frederick Battaglia of 29960 CR 354 provided public comment in opposition to the rezone application, citing impacts to neighboring home values and conflicts with existing surrounding uses. Additional written public comments were provided to the Commission on pages 11 and 12 of the Packet. Commissioners then asked clarifying questions. Page 2|4 The Commission began deliberating the Zone Change request. The Commission discussed topics such as potential uses in the I-1 zone district compared to H-C uses and their potential impacts on adjacent Residential districts, spot zoning, long term impacts of rezoning, Special Use Permits, screening, etc. Chair Larimer highlighted the long-term adverse impacts of spot zoning. Larimer provided consistent historical context for the original Highway-Commercial Zoning designation for immediately adjacent parcels with CR 317 acting as an alternate commercial entryway into Town, specifically touching on the long time non-industrial uses of adjacent properties, such as the Police station, HRRMC clinic, and neighboring businesses on San Isabel Court. During the discussion of allowed uses in the I-1 Zone District, Commissioner LaGreca requested a reading of the definition of Medium or Heavy Manufacturing. Mahoney read the below definition from Code section 16.07: Manufacturing, medium or heavy. An establishment engaged in fabrication, assembly, processing, or manufacturing that has the potential to create significant impacts on surrounding areas due to the types of materials used, byproducts created, hours of operations, volumes of heavy truck or rail traffic, or other factors. Products of such establishments include abrasives; agricultural implements, equipment, or vehicles; large appliances; asphalt products; brick or structural clay products; and cosmetics. This use also includes processes such as electroplating and chemical processing. After deliberation, Chair Larimer invited a motion. LaGreca made a motion to recommend denial of the rezone request to the Board of Trustees, citing consistency with the staff report and Staff findings relating to rezoning criteria, specifically stating that the intensity of development in the proposed new zoning district has potential to create significant adverse impacts on surrounding properties. Commissioner Westheimer seconded the Motion. Chair Larimer requested a roll call vote. LaGreca: Aye Thomas Brown: Nay Craig Brown: Aye Westheimer: Aye Larimer: Aye Tina Bennetts: Alternate member - not eligible to vote Motion #3 carried 4 to 1, recommending denial of the Rezone Application. Larimer closed the Public Hearing at 8:29 p.m. At 8:30 p.m. Larimer opened business item #2, a Public Hearing to discuss a proposed Code change regarding workforce camping in the H-C and I-1 Zone Districts, a continuation from the July 3rd Public Hearing. Benson outlined the purpose of the proposed Code change, presenting an updated Ordinance addressing Commission requests made during the July 3rd hearing. At 8:39 p.m. Larimer opened the public comment portion of the hearing. Amy Eckstein via Zoom, and Lenny Eckstein, in person, both of 119 Meadow Lane made public comments requesting additional amendments to the proposed Ordinance. Larimer closed the public comment portion of the hearing at 8:44 p.m. Page 3|4 Clarifying questions were asked by the Commission followed by Commission deliberation. At 9:00 p.m. Thomas Brown made a motion to recommend to the Board of Trustees approval of the Temporary Camping Ordinance based upon the comments rendered by the Planning & Zoning Commission relevant to the number of employees, hours of employee work, and location of the proposed camping area. Larimer seconded the motion. Larimer requested a roll call vote: Tina Bennetts: Aye Craig Brown: Aye Larimer: Aye LaGreca: Aye Thomas Brown: Aye Westheimer: Alternate member not eligible to vote Motion #4 passed unanimously. At 9:02 p.m. Larimer closed the public hearing. With no further business items, Larimer closed new business. STAFF / COMMISSION INTERACTION Staff and the Commission discussed current warehouse usage in commercial zones. The Commission requested Staff pursue further study of the topic. ADJOURNMENT There being no further business, Thomas Brown motioned to adjourn the meeting. Craig Brown seconded. Motion #5 passed unanimously. Respectfully submitted: Preston Larimer, Chair Date Caroline Mahoney, Planner I Date Page 4|4  PLANNING AND ZONING COMMISSION STAFF REPORT MEETING DATE: August 7, 2024 APPLICTANT: Triview Metropolitan District FROM: Joel Benson, Planning Director RE: Zoning Hearing for the proposed Triview Annexation REQUEST This is a Public Hearing to consider proposed zoning for the proposed Triview Annexation. The applicant, Triview Metropolitan District, has petitioned the Town of Buena Vista to annex into Town limits a 293.96 acre parcel in the SW ¼ and the SE ¼ of Section 19N in Township 14 South, Range 78 West of the 6th Principal Meridian, Chaffee County Colorado, further described in Appendix A and commonly referred to as the “Chicago Ranch”. This is a statutory process following a petition for annexation initiated by a property owner. In this case, the petition was filed by representative Jim McGrady on behalf of Triview Metropolitan District. A Public Hearing must be held according to statutory requirements. The process of the Public Hearing is outlined below and will include a presentation by the same authorized owner’s representative. The Commission shall make a recommendation for zoning the property, should the parcel be annexed into town. This memo includes: 1. An outline of the Public Hearing process 2. A synopsis of the project 3. The annexation process in general 4. The focus for this Hearing and the evaluative duties of the Planning and Zoning Commission and the Board of Trustees 5. The specific request of the Commission 6. Link to the Rodeo Grounds Chicago Ranch Master Plan 7. Supportive materials relevant to the specific question at hand • Vicinity Map (within text of report) • Copy of Petition 1. Process for Evening • 5-10 minute presentation from Petitioner. This is the Petitioner’s opportunity to provide information to the Commission. • Presentation from staff 1|Page  • Any clarifying questions for the Petitioner and staff to help understand phrasing, wording, etc. This is for clarifying questions only. • Public comment • Chair to close the public comment portion of the Hearing • Staff response as appropriate; Other questions for staff • Close public hearing • Deliberation and final recommendations with a motion. 2. Synopsis of Project In May of 2024, a petition was filed with the Town to annex. The parcel is approximately 294 acres, located on the southwest of the town limits (Figure 1), contiguous to the Rodeo Grounds’ southern boundary. The Rodeo Grounds is an approximately 300-acre open space parcel owned and managed by the Town of Buena Vista, zoned Open Space/Recreational (OSR) (Figure 3). There is County Rural zoning surrounding the property, except for Town’s OSR Rodeo Grounds (Figure 2). Properties to the east and west are agricultural, each with one principal residence. There is open space to the north, and State Lands with three residential lots to the south. Site Figure 1: Vicinity Map, Chicago Ranch 2|Page Figure 2: County Zoning. Green - Rural; Yellow – Residential; Red – Chicago Ranch Figure 3: Town Zoning. Green OSR at Southern Boundary - Rodeo Grounds The property was purchased on December 30, 2020. Formerly used as an agricultural operation and part of the original fabric of Buena Vista, the Arkansas Valley Irrigation Ditch fed these irrigated lands via a diversion on Cottonwood Creek, north of Town’s water tanks. The water rights and land were offered for sale and the Triview Metropolitan District purchased both. Primarily interested in the water, Triview embarked on negotiations with the Town to establish a recreational area on the land as well as terms for both an annexation agreement and a revegetation plan while they also began evaluation of the water for water court proceedings. The District paid for a Recreational 3|Page  Master Plan in hopes that the Town would annex the property and incorporate the lands into the parks and open space system of Town. The Rodeo Grounds Chicago Ranch Master Plan was carried out in 2021-2022 and approved in 2023. (See Figure 4) Figure 4: Master Plan Concept for Chicago Ranch and Rodeo Grounds An annexation agreement has been under negotiation since January of 2021. The associated Revegetation Plan has also been worked on by Town expert consultants and staff in conjunction with the County and Triview. The revegetation plan was considered as part of the water court case and is attached to the water court case decree in 21CW304. Neither the annexation agreement or the revegetation plan are considered as part of the zoning recommendation, although the annexation agreement does consider the OSR zoning and implementation of the Master Plan. Should annexation occur and the OSR zoning be granted, the land will be conveyed to the Town as part of the parks, open space, and trails system. The following table outlines uses allowed in the OSR zone district. The particular uses will be under the purview of Buena Vista should annexation occur and once the land is conveyed to Town. 4|Page  Permitted uses Special Use Permits Assembly hall Motor sports facility Community Center Geothermal facility, large Police or Fire Station Solar energy facility, large Library Wind energy facility, large Museum Golf Course Accessory Uses Indoor Recreation or Entertainment Enclosed storage Outdoor entertainment facility Outdoor recreation facility Temporary Uses Park or playground Special events Shooting range Temporary office, contractor's quarters, and equipment storage Community garden Temporary vendors Parking lot or structure Transit facility Geothermal facility, small Public water service facilities Solar energy facility, small Wind energy facility, small Wireless service facility, building/roof-mounted Wireless service facility, free-standing tower Zoning shall be considered based on the processes described below. 3. Process of Annexation The necessary steps for annexation pursuant to the Colorado Municipal Annexation Act, C.R.S § of 1965, C.R.S. § 31-12-101, et seq. are outlined below. Step 6: Zoning is being considered at this time. The statute allows for zoning to happen contingent upon approval of the ordinance annexing the property according to the terms of the agreement. While zoning should not specifically be included in the annexation agreement there may be conditions specific to additional restrictions or allowances for the property that could be appropriate. Step 1: Petition for Annexation/Annexation Agreement/Annexation Election Step 2: Review by BOT 1. Clerk to send petition to BOT for evaluation of petition. This is often done as an agenda item so there is a record of the transmission to the BOT. While the BOT may act to determine whether the petition substantially complies with C.R.S. § 31-12-107(1) at the same time the petition is transmitted by the Clerk, it is not required to. 2. BOT must act without undue delay to determine whether petition substantially complies with C.R.S. § 31-12-107(1) 3. If petition not in substantial compliance, no further action. 5|Page  4. If in substantial compliance, BOT adopts a resolution finding substantial compliance and initiating annexation proceedings by setting time for public hearing to determine compliance with C.R.S. §§ 31-12-104 and 31-12-105. 5. Hearing must be set at least 30 days but not more than 60 days after the effective date of resolution setting hearing. Step 3: Notice of Hearing 1. Notice must be published with copy of resolution or petition (without signatures). 2. Notice must be published once a week for four successive weeks in a newspaper of general circulation. Under Colorado law, this actually requires five publications of the notice. 3. First publication must be at least 30 days prior to hearing. 4. Must obtain certificate of newspaper that notice was published. 5. Clerk must send a copy of published notice, with a copy of resolution and petition as filed, by registered mail to clerk of board of county commissioners, county attorney, and any special district having territory within the area to be annexed at least 25 days prior to hearing date. Step 4: Annexation Impact Report 1. Only required for annexations of more than ten acres. Report can be waived by agreement of the BOT and BOCC. Cost of report can be passed on to property owners. 2. Must be prepared 25 days prior to the hearing. One copy of the report must be filed with the BOCC within five days after preparation of the report (at least 20 days prior to the hearing). Step 5: Hearing 1. Upon completion of hearing, BOT shall set forth its finding of facts and its conclusions by resolution 2. If an election is required because of the imposition of condition on the annexation, the BOT shall call for the election. C.R.S. § 31-12-112. 3. Even if the BOT finds that the annexation meets the requirements of the statutes, it still may deny the annexation. If the BOT does not find that the annexation meets the requirements, the property cannot be annexed. Step 6: Annexation by Ordinance 1. If no election needed, then BOT may annex by ordinance. 2. The annexation will become effective upon the effective date of the ordinance if the following conditions are met: a. File one copy of annexation map with original of annexation ordinance in Town Clerk’s office. b. File for recording three certified copies of the annexation ordinance and map of the area containing a legal description of such area with the county clerk and recorder of each county affected. 3. The county clerk and recorder of each county shall file one certified copy of such annexation ordinance and map with the division of local government of the department of local affairs and one certified copy of such annexation ordinance and map with the department of revenue. Step 6: Zoning 1. Zoning can be accomplished simultaneously with annexation. 6|Page  2. Zoning may not become effective until after the date that the annexation ordinance is passed. 3. If annexation ordinance is passed prior to a zoning ordinance, the area to be annexed must be brought under the Town’s zoning regulations within 90 days from the effective date of the annexation ordinance. 4. Town should not agree to any zoning in the annexation agreement. 4. Process for Zoning Unlike a rezone of a property that is already within Town boundaries, a zoning for an annexation is beholden to the Municipal Code related to annexation procedures (Chapter 15): (a) Compliance. All annexation of unincorporated territory to the Town shall comply with the requirements and procedures set forth in the Municipal Annexation Act, (C.R.S § 31-12-101, et seq.), as amended, the Town's Comprehensive Plan and applicable provisions of the Buena Vista Municipal Code. (b) Conditions. No annexation of land in the Town shall create an unreasonable burden on the physical, social, economic, or environmental resources of the Town. The Town may condition the annexation of land upon such terms and conditions as are reasonably necessary to ensure that this requirement is met. (c) Annexation Agreement. Applicants petitioning the Town for annexation of their property shall enter into an annexation agreement with the Town stating any terms and conditions imposed on the property, prior to the first reading of the annexation ordinance. Upon annexation, the annexation agreement shall be recorded to run with the subject property and to provide notice to future purchasers of the property. (Section 15.2 discussions Petitions including what the Town can request along with a draft annexation agreement, and Section 15.3 discusses fees to be charged and fees that the Town can impose as a condition of annexation.) The proposed zoning is supported by Chapter 6 of the Comprehensive Plan, “Parks, Recreation, Trails & Open Space”. The approved Rodeo Grounds Chicago Ranch Master Plan was approved in 2023 after an extensive public process coordinated by NES Consulting in collaboration with and paid for by Triview. Implementation of this Master Plan extends the trail network, incorporating various trail surfaces, prioritizing wildlife, and accentuating views. The plan integrates the existing Rodeo Grounds and the Chicago Ranch, together creating an approximately 600-acre open space. Should the Board of Trustees approve the annexation, the property will be conveyed to the Town, proposed to take place within 45 days of approval. Should the property remain as open space, this creates a corridor of open space from Cottonwood Creek (via Town-owner water tank property, through BLM land connecting on the west side of the Rodeo Grounds and connecting with the State lands bordering the Chicago Ranch to the south. Specifically, the proposed zoning supports goals 1-4, and associated action items and objectives. - Goal #1: Buena Vista will proceed with the development of new trails and the expansion of the existing trail system. 7|Page  - Goal #2: Buena Vista will pursue a balanced parks and recreation system. - Goal #3: Buena Vista will identify and conserve priority open space lands in and around the Town. - Goal #4: Buena Vista will operate, maintain, and develop its parks, open space, and recreations system in such a manner as to minimize adverse local and regional environmental impacts. Relative to alternative zone districts, there are no water or sewer utilities nearby to serve any development within the Town. Specific to zoning, the Commission may make a recommendation based on the following criteria, excerpted from above: (b) Conditions. No annexation of land in the Town shall create an unreasonable burden on the physical, social, economic, or environmental resources of the Town. The Town may condition the annexation of land upon such terms and conditions as are reasonably necessary to ensure that this requirement is met. The requested zoning fits with the surrounding zoning and the intent of the area along CR 321 described in the Three-Mile Plan (Figure 5) as the Chicago Ranch Area: “Town proposes an engaging open space and recreational hub as detailed in the 2022 Rodeo Grounds & Chicago Ranch Master Plan. This area is specific to the Chicago Ranch along both sides of Rodeo Road just south and southeast of the Buena Vista Rodeo Grounds. In 2020, the property was acquired by the Tri-View Metropolitan District for its water rights. The lands east of Rodeo Road and south of the former Colorado Center PUD could possibly become non-recreational uses in the long-term should water and sewer be developed on CR 319 or through the former Colorado Center properties.” As the Master Plan is implemented, there will be a need to acquire funding for specific projects and likely a need to add staffing capacity for maintenance. No development is envisioned for this portion of the overall Master Plan. Triview will be responsible for revegetation of the property and for maintenance of the recharge facility that will be on site, accessible via an easement. Given the years of negotiation regarding annexation and the terms therein, including 8|Page the revegetation plan, there are no recommended conditions to help reduce any impact relative to the annexation. Figure 5: Areas of Desired Growth 5. CONCLUSIONS AND RECOMMENDATION 1) The applicant has requested Zoning of the property referred to as the Chicago Ranch along CR 321 to be zoned Open Space/Recreational (OSR); and 2) Notice of the public hearing was posted on the property and published in the newspaper as required by the Unified Development Code and statutory requirements; and 3) There are no established criteria for zoning the property, however the proposed zoning is consistent with both the Three-Mile Plan and the Comprehensive Plan and would significantly increase Town’s parks and open space; and 4) Any forthcoming motion assumes an understanding that zoning would be contingent upon annexation of the parcel according to terms in an approved annexation agreement. THEREFORE After review of the findings in this staff report and materials presented during the Public Hearing, the Planning and Zoning Commission should motion to recommend that the Board of Trustees Approve or Deny the proposed Zoning of the Triview parcel including the Open Space/Recreation (OSR) zone district. 9|Page  EXHIBIT A LEGAL DESCRIPTION OF PROPERTY CERTAIN LAND IN THE SOUTHWEST ¼ AND THE SOUTHEAST ¼ OF SECTION 19N IN TOWNSHIP 14 SOUTH, RANGE 78 WEST OF THE 6TH P.M., CHAFFEE COUNTY, COLORADO, DESCRIBED AS FOLLOWS: LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN A PORTION OF THE SOUTHWEST 1/4 AND THE SOUTHEAST 1/4 OF SECTION 19 IN TOWNSHIP 14 SOUTH, RANGE 78 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF CHAFFEE, STATE OF COLORADO. EXCEPTING. THEREFROM THAT PORTION OF LAND KNOWN AS "RAY'S RIDGE, A RURAL MINOR SUBDIVISION", ACCORDING TO THE PLAT FILED IN THE OFFICE OF THE CLERK AND RECORDER ON JANUARY 22, 2007, AS RECEPTION NO. 364114 AND THE WESTERLY 30 FEET OF COUNTY ROAD NUMBER 321. SAID TRACT OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST OF 1/4 OF SAID SECTION 19; THENCE ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4 S 89°04'02" E, A DISTANCE OF 5437.05' TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 321; THENCE S 01°06'16" W ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 2628.30' TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 19; THENCE ALONG SAID SOUTH LINE N 89°16'33" W, A DISTANCE OF 1325.16' TO THE SOUTHEAST CORNER OF RAY'S RIDGE SUBDIVISION AS RECORDED UNDER RECEPTION NO. 364114, THENCE ALONG THE BOUNDARY OF SAID SUBDIVISION THE FOLLOWING 12 COURSES; (1) N 00°55'30" E, 658.34' (2) N 89°12'43" W, 678.61' (3) N 89°12'36' W, 678.54' (4) N 00°04'59" W, 31.71' (5) S 71°50'13' W, 491.64' (6) S 84°21'05" W, 152.51' (7) S 79°15'51" W, 129.05' (8) S 61°36'27" W, 273.88' (9) N 88°41'50" W, 89.73' (10) S 55°59'02" W, 195.23' (11) S 74°09'48" W, 129.01' (12) S 00°17'35" W, 211.31' TO A POINT OF THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 19; THENCE ALONG SAID SOUTH LINE N 89°10'26" W, A DISTANCE OF 1395.74' TO THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4 OF SECTION 19; THENCE ALONG THE WEST LINE OF SAID SECTION 19 N 00°58'06" E, A DISTANCE OF 1323.59' TO THE SOUTH 1/16 CORNER OF SECTIONS 19 & 24; THENCE CONTINUE ALONG THE WEST LINE OF SAID SECTION 19 N 00°58'10" E, A DISTANCE OF 1323.83' TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING 128050667.3 SQ. FEET OR 293.96 ACRES MORE OR LESS. 10 | P a g e Attachments: Draft Ordinance Notification of Zoning Hearing Annexation Maps Annexation Petition Zoning Application Annexation Impact Report  DRAFT TOWN OF BUENA VISTA, COLORADO ORDINANCE NO. ___ (SERIES OF 2024) AN ORDINANCE OF THE TOWN OF BUENA VISTA, COLORADO, ZONING NEWLY ANNEXED PROPERTY KNOWN AS THE TRIVIEW ANNEXATION WHEREAS, on August 13, 2024, the Board of Trustees of the Town of Buena Vista annexed certain property into the Town, described in Exhibit A to this ordinance and incorporated by this reference ("Property"); and WHEREAS, the Town now desires to zone the Property pursuant to C.R.S. § 31-12- 115(1). NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA, COLORADO: Section 1. The Property is hereby zoned Open Space Recreational (OSR). Section 2. The Zoning Map is hereby amended to conform to these zoning changes. Section 3. 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 one or part or parts be declared unconstitutional or invalid. Section 4. 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 ___________________, 2024. 1  THIS ORDINANCE SHALL BECOME EFFECTIVE THIRTY DAYS FROM PUBLICATION. TOWN OF BUENA VISTA, COLORADO By: _______________________________ Libby Fay, Mayor ATTEST: _____________________________________ Paula Barnett, Town Clerk (SEAL) 2  EXHIBIT A LEGAL DESCRIPTION OF PROPERTY CERTAIN LAND IN THE SOUTHWEST ¼ AND THE SOUTHEAST ¼ OF SECTION 19N IN TOWNSHIP 14 SOUTH, RANGE 78 WEST OF THE 6TH P.M., CHAFFEE COUNTY, COLORADO, DESCRIBED AS FOLLOWS: LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN A PORTION OF THE SOUTHWEST 1/4 AND THE SOUTHEAST 1/4 OF SECTION 19 IN TOWNSHIP 14 SOUTH, RANGE 78 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF CHAFFEE, STATE OF COLORADO. EXCEPTING. THEREFROM THAT PORTION OF LAND KNOWN AS "RAY'S RIDGE, A RURAL MINOR SUBDIVISION", ACCORDING TO THE PLAT FILED IN THE OFFICE OF THE CLERK AND RECORDER ON JANUARY 22, 2007, AS RECEPTION NO. 364114 AND THE WESTERLY 30 FEET OF COUNTY ROAD NUMBER 321. SAID TRACT OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST OF 1/4 OF SAID SECTION 19; THENCE ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4 S 89°04'02" E, A DISTANCE OF 5437.05' TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 321; THENCE S 01°06'16" W ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 2628.30' TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 19; THENCE ALONG SAID SOUTH LINE N 89°16'33" W, A DISTANCE OF 1325.16' TO THE SOUTHEAST CORNER OF RAY'S RIDGE SUBDIVISION AS RECORDED UNDER RECEPTION NO. 364114, THENCE ALONG THE BOUNDARY OF SAID SUBDIVISION THE FOLLOWING 12 COURSES; (1) N 00°55'30" E, 658.34' (2) N 89°12'43" W, 678.61' (3) N 89°12'36' W, 678.54' (4) N 00°04'59" W, 31.71' (5) S 71°50'13' W, 491.64' (6) S 84°21'05" W, 152.51' (7) S 79°15'51" W, 129.05' (8) S 61°36'27" W, 273.88' (9) N 88°41'50" W, 89.73' (10) S 55°59'02" W, 195.23' (11) S 74°09'48" W, 129.01' (12) S 00°17'35" W, 211.31' TO A POINT OF THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 19; THENCE ALONG SAID SOUTH LINE N 89°10'26" W, A DISTANCE OF 1395.74' TO THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4 OF SECTION 19; THENCE ALONG THE WEST LINE OF SAID SECTION 19 N 00°58'06" E, A DISTANCE OF 1323.59' TO THE SOUTH 1/16 CORNER OF SECTIONS 19 & 24; THENCE CONTINUE ALONG THE WEST LINE OF SAID SECTION 19 N 00°58'10" E, A DISTANCE OF 1323.83' TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING 128050667.3 SQ. FEET OR 293.96 ACRES MORE OR LESS. 3  PUBLIC NOTICE OF PUBLIC HEARING REGARDING PROPOSED ZONING REQUIREMENTS FOR THE TRIVIEW ANNEXATION PETITION Notice is hereby given that a Public Hearing will be held before the Planning & Zoning Commission and the Board of Trustees of the Town of Buena Vista, Colorado, at the below dates, locations, and times, to consider zoning related to the Triview Annexation Petition, should the parcel be annexed into town limits. The two parcels consisting of 294 acres of real property are generally located near the northwest corner of CR- 321 and CR-328, south of the Rodeo Grounds, at the southwestern extent of the Town of Buena Vista. The parcels are currently located in Unincorporated Chaffee County and are zoned for Rural Use. Per Buena Vista Municipal Code Chapters 15 and 16.06 a public hearing is required. See details on Public Hearing dates below: Planning & Zoning Commission Board of Trustees Date: Wednesday August 7th, 2024 Date: Tuesday August 13th, 2024 Time: 7:00 pm Time: 7:00 pm Buena Vista Community Center, Pinon Room Buena Vista Community Center, Pinon Room 715 E. Main St. 715 E. Main St. Buena Vista, CO 81211 Buena Vista, CO 81211 https://buenavistaco.gov/AgendaCenter/Planning- https://buenavistaco.gov/AgendaCenter/Board-of- and-Zoning-Commission-Agendas-M-4 Trustees-Agendas-Minutes-Packet-1 Members of the Planning & Zoning Commission and the Board of Trustees will meet at the Community Center. The Public may attend in person or virtually using Zoom via the information provided in the agendas at the above links. All interested parties are encouraged to attend. Additional information may be obtained from the Town of Buena Vista Planning Department: Buena Vista Planning & Zoning Department 713 E. Main Street 719-581-1166 planning@buenavistaco.gov Chicago Ranch Annexation Map 24 Old Town 306 CR 337 RODEO RD EL E DR GREGG DR STE GREGG DR Town of Buena Vista CR 319 24 24 CR 328 CR 337 RODEO RD KEY Annexation 0 ¼ ½ Miles Town of Buena Vista Boundary 306 Colorado State Highway Parcel Boundary 24 United States Highway Chicago Ranch Aerial Exhibit ¯ KEY Aerial Exhibit 0 250 500 1000 Feet Parcel Boundary Chicago Ranch Annexation Exhibit CR 337 RODEO RD EL E DR STE GREGG DR CR 319 CR 328 CR 337 RODEO RD Utility Data Provided by Town of Buena Vista GIS KEY Utilities 0 ¼ ½ Miles Town of Buena Vista Boundary Electric Lines Water Mains Parcel Boundary Sanitary Lines Fire Hydrants  ANNEXATION PETITION TO: THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA, COLORADO: The undersigned landowner (the “Petitioner”), being the owner of more than fifty percent (50%) of the property proposed to be annexed, exclusive of public streets and alleys, which property is described in Exhibit A attached hereto and incorporated herein by this reference (the “Property”), hereby petitions the Board of Trustees (the “Board”) of the Town of Buena Vista, Colorado (the “Town”), for annexation of the Property in accordance with the provisions of Section 15 of the Buena Vista Municipal Code and Title 31, Article 12, Part 1, C.R.S., as amended. In support of this petition, the Petitioner states the following: 1. It is desirable and necessary that the Property be annexed to the Town. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., exist or have been met: a. Not less than one sixth (1/6) of the perimeter of the Property is contiguous with the existing boundaries of the Town. b. Contiguity with the Town is not established by: (i) use of any boundary of an area which was previously annexed to the Town that, at the time of its annexation, was not contiguous at any point with the boundary of the Town, was not otherwise in compliance with Section 31-12-104(1)(a), C.R.S., and was located more than three miles from the nearest boundary of the Town (“Non-Contiguous Area”); or (ii) use of any boundary of territory subsequently annexed directly to, or indirectly connected through subsequent annexations to, a Non-Contiguous Area. c. The proposed annexation will not create any disconnected municipal satellites. d. A community of interest exists between the Property and the Town. e. The Property is urban or will be urbanized in the near future. f. The Property is integrated or is capable of being integrated with the Town. g. In establishing the boundaries of the Property, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner unless separated by a dedicated street, road, or other public way. h. No land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more which, together with the buildings and improvements situated thereon, has a valuation for assessment in excess of Petition for Annexation Page 1 of 5 23731059  $200,000 for the preceding tax year has been included in the Property without the written consent of the landowner. i. No annexation proceedings have been commenced for the annexation of all or any portion of the Property to another municipality. j. Annexation of the Property shall not result in the detachment of area from any school district or the attachment of area to another school district. k. No portion of the Property is more than three miles in any direction from any point of the Town boundary as such was established more than one year before this annexation will become effective. l. If a portion of a platted street or alley is to be annexed, the entire width of said street or alley is included within the boundaries of the Property. m. The Property is not presently a part of any incorporated town, city and county, or city. 3. The Petitioner comprises one hundred percent (100%) of the landowners owning one hundred percent (100%) of the territory included in the area proposed to be annexed, exclusive of streets and alleys. 4. Annexation of the Property will not create an unreasonable burden on the physical, social, economic, or environmental resources of the Town. 5. Accompanying this Petition are four copies of an annexation plat map showing the seal of a registered engineer or land surveyor, containing the following information: a. A written legal description of the boundaries of the Property; b. A showing of the boundary of the Property; c. A showing of the location of each ownership tract in unplatted land and, if part or all of the Property is platted, the boundaries and the plat numbers of plots or of lots and blocks; d. Next to the boundary of the Property, a drawing of the contiguous boundary of the Town and any other municipality abutting the Property. 6. Prior to the hearing before the Board on whether to annex the Property, the Petitioner and the Town shall have entered into an annexation agreement which shall govern and control the development of the Property within the Town (the “Annexation Agreement”). Annexation of the Property shall be conditioned upon the Board’s approval of the Annexation Agreement. Upon the effective date of the ordinance annexing the Property and approving the Annexation Agreement (the “Annexation Ordinance”), the Property shall be subject to all of the terms and provisions of the Annexation Agreement. The Annexation Agreement shall be recorded to run with the Property and to provide notice to future purchasers of the Property. Petition for Annexation Page 2 of 5 23731059  Petition for Annexation Page 3 of 5 23731059  Petition for Annexation Page 4 of 5 23731059  EXHIBIT A LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN A PORTION OF THE SOUTHWEST 1/4 AND THE SOUTHEAST 1/4 OF SECTION 19 IN TOWNSHIP 14 SOUTH, RANGE 78 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF CHAFFEE, STATE OF COLORADO. EXCEPTING. THEREFROM THAT PORTION OF LAND KNOWN AS "RAY'S RIDGE, A RURAL MINOR SUBDIVISION", ACCORDING TO THE PLAT FILED IN THE OFFICE OF THE CLERK AND RECORDER ON JANUARY 22, 2007, AS RECEPTION NO. 364114 AND THE WESTERLY 30 FEET OF COUNTY ROAD NUMBER 321. SAID TRACT OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST OF 1/4 OF SAID SECTION 19; THENCE ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4 S 89°04'02" E, A DISTANCE OF 5437.05' TO A POINT ON THE WESTERLY RIGHT-OF- WAY LINE OF COUNTY ROAD 321; THENCE S 01°06'16" W ALONG SAID RIGHT-OF- WAY, A DISTANCE OF 2628.30' TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 19; THENCE ALONG SAID SOUTH LINE N 89°16'33" W, A DISTANCE OF 1325.16' TO THE SOUTHEAST CORNER OF RAY'S RIDGE SUBDIVISION AS RECORDED UNDER RECEPTION NO. 364114, THENCE ALONG THE BOUNDARY OF SAID SUBDIVISION THE FOLLOWING 12 COURSES; (1) N 00°55'30" E, 658.34' (2) N 89°12'43" W, 678.61' (3) N 89°12'36' W, 678.54' (4) N 00°04'59" W, 31.71' (5) S 71°50'13' W, 491.64' (6) S 84°21'05" W, 152.51' (7) S 79°15'51" W, 129.05' (8) S 61°36'27" W, 273.88' (9) N 88°41'50" W, 89.73' (10) S 55°59'02" W, 195.23' (11) S 74°09'48" W, 129.01' (12) S 00°17'35" W, 211.31' TO A POINT OF THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 19; THENCE ALONG SAID SOUTH LINE N 89°10'26" W, A DISTANCE OF 1395.74' TO THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4 OF SECTION 19; THENCE ALONG THE WEST LINE OF SAID SECTION 19 N 00°58'06" E, A DISTANCE OF 1323.59' TO THE SOUTH 1/16 CORNER OF SECTIONS 19 & 24; THENCE CONTINUE ALONG THE WEST LINE OF SAID SECTION 19 N 00°58'10" E, A DISTANCE OF 1323.83' TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING 128050667.3 SQ. FEET OR 293.96 ACRES MORE OR LESS. Petition for Annexation Page 5 of 5 23731059  ANNEXATION IMPACT REPORT Project: CHICAGO RANCH ANNEXATION County Road 321 (unincorporated Chaffee County) Chaffee County, CO 81211 PREPARED BY: NES Inc. on behalf of Triview Metropolitan District DATE: April 21, 2024 1 25325744.5 TABLE OF CONTENTS 1.0 Applicant Location .................................................................................................................................. 3 2.0 Overview ................................................................................................................................................ 3 3.0 Annexation Eligibility Requirements ...................................................................................................... 3 4.0 Limitation of Annexation ........................................................................................................................ 4 5.0 Impact Report Requirements ................................................................................................................ 4 ATTACHMENTS Chicago Ranch General Annexation Map Chicago Ranch Property Aerial Photo with Boundaries Chicago Ranch Annexation Site Exhibit with Utilities Chicago Ranch Annexation Plat Map prepared by Centennial Land Surveying Chicago Ranch Annexation Noticing Agencies Buena Vista Rodeo Grounds & Chicago Ranch Master Plan (approved March 14, 2023) 2 25325744.5 1.0 APPLICANT & LOCATION Applicant: Triview Metropolitan District Project: Chicago Ranch Annexation Location: County Road 321 Chaffee County, CO 81211 Triview Metropolitan District is petitioning to have the 293.96 acre tract of land on the attached “Annexation Map” annexed into the Town of Buena Vista. 2.0 OVERVIEW The Proposed Chicago Ranch Annexation is located along County Road 321, south of the Town of Buena Vista boundaries. The project area includes approximately 293.96 acres in the southeast ¼ and the southwest ¼ of Section 19, Township 14 S, and Range 78 West of the 6th prime meridian and is owned by Triview Metropolitan District. The project area consists of two (2) parcels of varying size. The proposed annexation does not include annexation of any of the County Road 321 right-of-way. Of the 293.96 acres, all property is located north of County Road 328, west of County Road 321 and south of Gregg Drive and the Buena Vista Rodeo Grounds. The property is currently used for grazing purposes to limited cattle herds. 3.0 ANNEXATION ELIGIBILITY REQUIREMENTS As set forth in 31-123-104, C.R.S., below is information addressing the Annexation Eligibility Requirements for the Chicago Ranch Annexation proposal: A. Not less than one-sixth of the perimeter of the areas proposed to be annexed is contiguous with the Town of Buena Vista. As set forth on the Annexation Plat Map, the total perimeter of the area of property proposed to be annexed is 17,153.23 feet, and the contiguous perimeter to the Town of Buena Vista of the area of property proposed to be annexed is 5,437.05 feet. This results in the percent of contiguity being 31.17% and meeting this requirement. B. A community of interest exists between the area proposed to be annexed and the Town of Buena Vista. The property will include a variety of conservation areas and active recreation areas serving the Town of Buena Vista residents, surrounding County residents, and visitors as outlined in the Buena Vista Rodeo Grounds and Chicago Ranch Master Plan (adopted March 14, 2023 by the Town’s Planning & Zoning Commission), Town of Buena Vista Three Mile Plan (as amended in 2022), Buena Vista Comprehensive Plan (adopted 2015), and Buena Vista Trails Master Plan (adopted 2015). C. The site is urban or will be urban in the near future. The Town of Buena Vista Three Mile Plan identifies a Growth Area Boundary for the Town of Buena Vista. The proposed Chicago Ranch annexation is within the previously designated Growth Area Boundary. Specifically, for areas of desired growth, the property is located in Area 11, Chicago Ranch Area. The Town of Buena Vista Three Mile Plan on page 16 details that the vision for this area is “an engaging open space and recreational hub” serving the community. 3 25325744.5  D. The site is integrated or is capable of being integrated with the Town of Buena Vista. The project area is capable of being integrated with the Town of Buena Vista. The proposed Chicago Ranch annexation area is adjacent to the Buena Vista Rodeo Grounds. The Buena Vista Rodeo Grounds and Chicago Ranch Master Plan identifies myriad ways in which the two properties will be developed as a single amenity area. Indeed, it is Triview’s intention to transfer ownership of the land itself to the Town of Buena Vista upon issuance of the decree in its water court case. 4.0 LIMITATION OF ANNEXATION As set forth in 31-12-105, C.R.S., below are responses to the Limitations of Annexation: A. In establishing the boundaries of the territory to be annexed, no land held in identical ownership, whether consisting of one tract of parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowners. Existing property lines are being used as boundaries for annexation and all parties have provided written consent. B. In establishing the boundaries of the areas proposed to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more (which, together with the buildings and improvements situated thereon has a valuation for assessment in excess of two hundred thousand dollars for ad valorem tax purposes for the year next preceding the annexation) has been included without written consent of the landowners. All land included with the annexation boundary is included with the written consent of the landowners. C. That no annexation proceedings have been commenced for the annexation of part or all of the subject property to another municipality. The site has not been petitioned for annexation to another municipality. D. If a portion of a platted street or alley is to annex, the entire width of said street or alley is included within the area proposed to be annexed. No street or alley is included in the Chicago Ranch Annexation Area. 5.0 REQUIREMENTS OF THE IMPACT REPORT As set forth in 31-12-108.5, C.R.S., below are responses to the Annexation Impact Report Requirements: (a) A map or maps of the municipality and adjacent territory to show the following information: (I) The present and proposed boundaries of the municipality in the vicinity of the proposed annexation; Refer to “Annexation Map” attached to this report. 4 25325744.5  (II) The present streets, major trunk water mains, sewer interceptors and outfalls, other utility lines and ditches, and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation; and Refer to “Chicago Ranch Annexation Site Exhibit” attached to this report. (III) The existing and proposed land use pattern in the areas to be annexed The property is currently in unincorporated Chaffee County and is zoned RUR. The proposed zoning is OSR Open Space Recreation and the proposed land use is special recreation, along with public water service facility. (b) A copy of any draft or final pre-annexation agreement, if available; An Annexation Agreement has been negotiated and is included with this Impact Report. (c) A statement setting forth the plans of the municipality for extending to or otherwise providing for, within the area to be annexed, municipal services performed by or on behalf of the municipality at the time of annexation; Municipal services are within the vicinity of the project to the north east of Buena Vista Rodeo Grounds north of the proposed annexation. Extension of municipal services will be addressed in the Annexation and Development Agreement negotiated and executed at the time of annexation between the Town and the Petitioners. As the Chicago Ranch parcel is intended for passive recreation it is not anticipated there will be a need for utility services. (d) A statement setting forth the method under which the municipality plans to finance the extension of the municipal services into the area to be annexed; As the Chicago Ranch parcel is intended for passive recreation it is not anticipated there will be a need for utility services. Extension of water and sewer service to the property in the future will be at the expense of the Town. (e) A statement identifying existing districts within the area to be annexed; and Buena Vista has indicated that Chaffee County is the relevant district that needs to be notified and that the Town will do this upon submittal of the annexation petition. (f) A statement on the effect of annexation upon local-public school district systems, including the estimated number of students generated and the capital construction required to educate such students. As the site is proposed for special recreation and no residential dwellings are proposed no impacts on local public schools district systems are anticipated. 5 25325744.5