B THE TOVH OF MINUTES OF THE BUENA VISTA BOARD OF TRUSTEES 8VENA VISTA REGULAR MEETING CO Tuesday, March 11, 2025 MINUTES OF THE MEETINGS OF THE BOARD OF TRUSTEES ARE A TRANSCRIPT OF THE GOVERNING BODY'S ACTIONS RATHER THAN A VERBATIM RECORD OF DELIBERATIONS. Work Session at 6:00 PM = A Joint Session with the Planning & Zoning Commission will be held for the purpose of reviewing a Sketch Plan for the "Northside" subdivision Mayor Libby Fay, Trustees Maggie Huyck, Andrew Rice, Micha Rosenoer, Devin Rowe, Chris Sturm and Cindie Swisher, Planning & Zoning Commission Board members Tony LeGreca, Blake Bennetts, Michael Westheimer and Dave Kosley were in attendance. Tracey Vandaveer with Crabtree Group and Northside's developer Ken Cook sat before the Boards. Also present were Town Administrator Brian Berger, Senior Policy Advisor & Project Advocate Joel Benson, Planning Director Marika Kopp, Public Works Director Shawn Williams, and Deputy Town Clerk Ed Barkowski. Planning Director Marika Kopp reviewed a Sketch Plan for Northside, a proposed subdivision on a 1.14-acre parcel located at 415 North Colorado Avenue. Kopp relayed the project's pursuit of fee in lieu for 60% of its off-street parking and 100% of its dedicated open space. She presented Town's parking fee-in-lieu criteria for such subdivisions: There is substantial, specific and documented benefit that the community will receive from granting the parking relief requested; and The parking relief requested is the minimum necessary that will afford relief of the applicable standards of the UDC;and The reduced parking will not result in substantial impacts to adjacent property or the character of the zoning district; and The parking relief requested is not related to purposes of convenience or financial burden. Per Code, Northside's proposed 33 units would need 54 off-street spaces but contain only 22, and on-street parking is required regardless. The Sketch Plan also does not include certain on- site amenities such as parks and open space. Kopp compared the project's density of 29 units per acre to others, with "The Farm" having 10, The Boulders" 16.5, and the Arkansas Street project with a density of 14 units per acre. BOARD OF TRUSTEES OF THE TOWN OF BUENA' VISTA Page 1 of9 Regular Meeting March 11, 2025 Tracey Vandaveer presented on the project's goals and fee in lieu request, emphasizing that housing needs take precedence over parking demands, suggesting street parking would be underutilized and industry trends support reduced parking requirements. He then identified the site's walkability to downtown and the lack of open space being supplanted by nearby public land and parks. Ken Cook described the project's mix of row houses and duplexes appealing to long-term renters, first-time homebuyers, service industry workers, and young professionals. Cook noted that because Williams Street isn't a through street, on-street parking should remain plentiful, and that housing needs density to be affordable. To support Northside's choice to omit off-site parking, Cook asserted that people value having a home over doorstep parking. Tony LeGreca voiced concern on Northside's west-side drainage, to which Vandaveer assured a variety of possible detention solutions. Trustee Huyck wondered about bordering streets becoming congested resulting in traffic cutting-through by utilizing the proposed Williams Street. Trustee Rosenoer asked if the County land north of Northside could eventually be developed. Kopp confirmed that it could be annexed and if annexed into Town, it would likely be zoned similarly to Northside. Trustee Swisher asked if garages could satisfy off-street requirements, stressing that some residents will need cars; Cook responded that cost will inform such design choices, and Northside's offerings won't appeal to all commuters. Mary Beth Parisi, 511 East Arkansas, and Marge Mahoney made public comments regarding parking, pedestrian safety, affordability, the need for cars, and open space. Blake Bennetts stated that on-street residential parking may limit speeding on Williams Street and cautioned against passing the cost of parking spaces on to buyers, relating to the need for affordability assurances from the developer. Trustee Rice noted the Board's responsibility to balance the developer's intentions with the community's needs, ensuring any commitments be made reciprocally. BOARD OF TRUSTEES OF THE TOWN OF BUENA' VISTA Page 2of 9 Regular Meeting March 11, 2025 An in-person/virtual regular meeting ofthe Board of Trustees was called to order by Mayor Libby Fay at 7:13 PM, Tuesday, March 11, 2025, at the Buena Vista Community Center, Pinon Room, 715 E. Main Street, Buena Vista, Colorado, having been previously noticed in accordance with the Colorado Open Meetings Law. ROLL CALL Attendee Name Title Status Libby Fay Mayor Present Maggie Huyck Trustee Present Andrew Rice Trustee Present Micha Rosenoer Trustee Present Devin Rowe Trustee Present Chris Sturm Trustee Present Cindie Swisher Trustee Present Town Staff Present: Town Administrator Brian Berger Town Attorney Jeff Parker via Zoom Public Works Director Shawn Williams Planning Director Marika Kopp Senior Policy Advisor & Project Advocate Joel Benson Deputy Town Clerk Ed Barkowski PLEDGE OF ALLEGIANCE Mayor Fay led the pledge of allegiance. PROCLAMATION Mayor Fay read the proclamation declaring May 17 as Arbor Day in Buena Vista. AGENDA ADOPTION MOTION NO. 01: MOVE TO APPROVE THE AGENDA. RESULTS CARRIED MOVER Trustee Rice SECONDER: Trustee: Huyck AYES: Huyck, Rice, Rosenoer, Rowe, Sturm, Swisher BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA Page 3 of 9 Regular Meeting March 11, 2025 CONSENT AGENDA Approval of matters that are routine in nature that require review and/or approval, i.e. minutes and reports. Professional Service Agreements (PSA) that exceed $25,000.00 require the Consent Agenda to be approved by a Roll Call vote) A. Minutes 1. Board of Trustees Regular Meeting = February 25, 2025 B. Police Chief Report C. Planning Director Report D. Public Works Director Report E. Town Clerk Report F. Adoption of Resolution No. 19, Series 2025, entitled "A RESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF BUENA VISTA, COLORADO, APPOINTING JARED LANE AS AN ALTERNATE MEMBER OF THE PLANNING AND ZONING COMMISSION" MOTION NO. 02: MOVE TO APPROVE THE CONSENT AGENDA. RESULTS CARRIED MOVER: Trustee Rowe SECONDER: Trustee Swisher AYES: Huyck, Rice, Rosenoer, Rowe, Sturm, Swisher PUBLIC COMMENT Mary Beth Perisi, 511 East Arkansas, raised concerns about Northside's method of fee-in-lieu interpretation, its proximity to schools, and the developers' good faith affordability proposition. Karen Pate, 17005 Pine Grove Parkway, expressed concerns about several similarities between a geothermal plant in New Mexico and one recently proposed in Chaffee County. Ed Simmons, 31367 North Star Lane, with a background in engineering, spoke to geothermal power plants' common need for large amounts of water to cool steam, urging consideration in viability studies. Jed Selby, 901 South Main Street, praised Northside's compact urbanism and spoke on rezoning affecting unit count potential. He also addressed parking cost pass-through to buyers. Kathy Smith, of Cahon City, introduced herself as the Outreach Specialist for Valley-Wide Health and listed services and specialists available, as well as hours of operation. BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA Page 4 of 9 Regular Meeting March 11, 2025 Monika Courtney, 27354 CR 321, voiced concern over potential chemical use at Chicago Ranch, which borders her property, posing risks to the environment and human health. Pat Homelvig, 17005 Pine Grove Parkway, announced two meetings of Save Our Arkansas Valley, on geothermal energy, and asserted the proposed Chaffee County plant would employ very few. BUSINESS ITEMS Energy/Mineral Impact Assistance Administrative Grant Letter The Board will review a grant letter to DOLA for the Town of Buena Vista Parks, Recreation, Trails, and Open Space Master Plan. Recreation Director Shane Basford (via Zoom) reviewed a Colorado Department of Local Affairs (DOLA) grant application requiring the Mayor's signature. If awarded, the funding would help propel Town's Parks, Recreation, Trails, and Open Space Master Plan. Trustee Rowe requested Basford reiterate his position on Northside's fee in lieu request, to which Basford underlined the importance of code compliance and early inclusion of Parks and Open Space in new subdivisions, as retrofitting developments is more challenging. MOTION NO. 03: MOVE TO APPROVE THE MAYOR IN SIGNING THE LETTER OF SUPPORT FOR A DOLA ENERGY/MINERAL IMPACT ASSISTANCE ADMINISTRATIVE GRANT. RESULTS CARRIED MOVER Trustee. Rowe SECONDER: Trustee Huyck AYES: Huyck, Rice, Rosenoer, Rowe, Sturm, Swisher Northside Sketch Plan = Open Space and Parking Fee in Lieu Consideration The Trustees will consider adopting a resolution approving the payment of cash in lieu of parking and fee payment in lieu of land dedication for the Northside Subdivision. Planning Director Marika Kopp recapped the Northside Sketch Plan and fee in lieu request, describing the design's mix of housing unit types and how off-street parking and open space have been reduced or excluded in the design. Kopp reminded that on-street allotments are not a voluntary inclusion and cannot count toward the code's off-street requirements. Kopp noted that while Buena Vista's form based code doesn't impose density caps, it does outline parking and Open Space requirements, and that increasing density often helps with affordability but does not guarantee it. She recalled Basford's recommendations on green BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA Page 5 of9 Regular Meeting March 11, 2025 spaces, which contrast Northside's park fee in lieu proposal to rely on surrounding public offerings, such as Town's River Park, an amenity that already sees over 175,000 visitors per year. Kopp also highlighted key differences between Northside's parking fee-in-lieu request from one made recently by the Buena Vista Public Library, which met criteria. Crabtree Group's Tracey Vandaveer reemphasized that the project's site is an existing block within Town limits and was once platted as 16 Old Town lots. He questioned whether the issue is rooted in parking quantity or density and suggested there may be alternatives for increasing the site's on-street parking volume. Developer Ken Cook cited alternative green spaces, walkable from Northside, to support his land fee in lieu proposal. He added that parking space concessions inherently carry financial implications, contending that if Town wants density, it needs to sacrifice some parking spaces. He stated that while the code allows for even denser building, his design complements Town's character and considers residential safety, sidewalk abundance, and the inclusion of porches. Without the fee in lieu, Cook posited, the Sketch Plan would require a drastic redesign. Mayor Fay questioned the viability of the subdivision incorporating a third story, to meet Code requirements. Cook pointed to challenges of accessibility, fire mitigation costs and presumed dissatisfaction of neighbors as reasons to maintain a two-story design. Trustee Rosenoer asked if deed restrictions might be considered to prevent Short-Term Rentals. Cook stated a need to review AMI and budget, to consider incorporating concepts like Opportunity Zoning and controlled rent. Trustee Sturm stated parking on Cook's recent Arkansas Street development appeared confgested and expressed concerns for Northside's Williams Street parking following suit. Sturm named an area trend of boats, motorcycles and recreational equipment ending up on sidewalks, further confounding the broader parking issue. Trustee Swisher voiced concern for Northside's proposed infill water allotment use. Benson responded that Town's Water Allocation Policy provides options for sourcing water needed. Trustee Rice reiterated that the Sketch Plan does not meet all four criteria and urged caution regarding concessions and matters of precedence, advocating a need for clarity around how the community would benefit. Trustee Rowe stated that when giving concessions to developers, the Board owes the people of Buena Vista assurances, as some recent project outcomes didn't live up to the affordability initially proposed. BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA Page 6 of9 Regular Meeting March 11, 2025 Trustee Huyck suggested addressing parking and land fees in lieu separately. Should the Board of Trustees approve the adoption of Resolution No. 20, Series 2025, entitled, "A RESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF BUENA VISTA, COLORADO, APPROVING THE PAYMENT OF CASH IN LIEU OF PARKING AND FEE PAYMENT IN LIEU OF LAND DEDICATION FOR THE NORTHSIDE SUBDIVISION." MOTION NO. 04: MOVE TO DENY RESOLUTION NO. 20 APPROVING THE PAYMENT OF CASH IN LIEU OF PARKING AND FEE PAYMENT IN LIEU OF LAND DEDICATION FOR THE NORTHSIDE SUBDIVISION. RESULTS ROLL CALL MOVER Trustee Rosenoer, SECONDER: Trustee Rice AYES: Huyck, Rice, Rosenoer, Rowe, Sturm, Swisher MOTION TO DENY RESOLUTION NO. 20 CARRIED. Development Handbook Introduction Town Staff will introduce the Development and Infrastructure Manual and review proposed timeline for evaluation and future adoption. Town Administrator Brian Berger introduced a draft of the Development and Infrastructure Manual, a joint product of multiple Town departments, intended to provide a roadmap for developers and residents. Berger stated the draft, now online for feedback, is a living document like the Unified Development Code or Land Use Code. Berger and Kopp reviewed the manual's sections and chapters, noting that topics intuitively follow a sequential order for those seeking "next steps", moving from Planning concerns to those involving Public Works. Public Works Director Shawn Williams highlighted the manual's value for infill development, its regulatory guidance, permitting, and setbacks for various utilities, adding that it also addresses building and infrastructure materials, pipe sizes, relative positioning, and metering. Trustees praised the manual for its ability to save time by offering concise answers that often remove the need to read entire chapters of the Code, thereby reducing frustration. The Development and Infrastructure Manual will be brought back to the Board for adoption at the April 22nd meeting. Mayor Fay moves to Trustee Interaction at 8:54pm BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA Page 7 of 9 Regular Meeting March 11, 2025 TRUSTEE INTERACTION Trustees reported on or commented about recent and upcoming events, activities, and topics. Trustee Sturm shared the Water Advisory Board is reviewing the Source Water Protection Plan to incorporate the system's wells, to which he suspects Northside would be added. Trustee Rice mentioned BV Community Book Club, in partnership with Chaffee County Public Health, is hosting a discussion and dinner on April 24th. Public Works Director Williams stated that May 17th will be a full weekend, featuring the Town's Arbor Day celebration and Public Works Clean Up Day. He also expressed support for amending the Public Improvement Agreement with The Boulders project to allow phased issuance of Certificates of Occupancy despite some landscaping remaining incomplete. Kopp informed the Trustees of additional inbound fee-in-lieu requests and stressed the importance of their feedback and due diligence, particularly in setting precedence. She recommended that future Sketch Plans be reviewed by the Planning & Zoning Commission prior to coming before the Board of Trustees. Kopp announced the Comprehensive Plan Community Survey is online, with an an-person open house scheduled March 18th. She went on to raise a need for clarity on the Planning Department's role in releasing or withholding C.O.s, referencing points of confusion with The Boulders. Berger reported on a recent tour of Chaffee County's new Emergency Services Building and how it serves as a major asset to the area. He updated on Town Hall's front door restoration project and suggested the doors in repair are likely the 1800s originals. INFORMATION ONLY Colorado Municipal League Memo Benson spoke to a recent online memo and encouraged the Trustees to observe the State's bills coming before Senate and the House and consider how some may apply to Buena Vista. Mayor Fay concluded the regular meeting at 9:19pm BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA Page 8 of 9 Regular Meeting March 11, 2025 EXECUTIVE SESSION An executive session to determine positions relative to matters that may be subject to negotiations, develop a strategy for negotiations, and/or instruct negotiators, pursuant to C.R.S. S 24-6-402(4)(e), concerning the potential acquisition of land and water rights. MOTION NO. 05: MOVE TO GO INTO EXECUTIVE SESSION TO DETERMINE POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO NEGOTIATIONS, DEVELOP A STRATEGY FOR NEGOTIATIONS, AND/OR INSTRUCT NEGOTIATORS, PERSUANT TO C.R.S. $ 24-6-402(4)(e), CONCERNING THE POTENTIAL ACQUISITION OF LAND AND WATER RIGHTS. RESULTS CARRIED MOVER Trustee Huyck SECONDER: Trustee: Rosenoer AYES: Huyck, Rice, Rosenoer, Rowe, Sturm, Swisher The Board took an 11-minute break at 9:19 PM. The Board went into Executive Session at 9:30 PM. Present for the Executive Session were Mayor Libby Fay, Trustees Maggie Huyck, Andrew Rice, Mich Rosenoer, Devin Rowe, Chris Sturm, Cindie Swisher, Planning Director Marika Kopp, Town Treasurer Phillip Pucket via Zoom, Senior Policy Advisor & Project Advocate Joel Benson, Public Works Director Shawn Williams, Town Attorney Jeff Parker via Zoom, and Town Administrator Brian Berger. The Board came out of the Executive Session at 10:22 PM. MOTION NO. 06: THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE BOARD, THE MEETING BE ADJOURNED AT 10:23 PM. RESULTS CARRIED MOVER Trustee Rowe SECONDER: Trustee Huyck AYES: Huyck, Rice, Rosenoer, Rowe, Sturm, Swisher Respectfully submitted: RKY Libby Fay, Mayor ) - Ed Barkowski, Deputy Town Clerk BOARD OF TRUSTEES OF THE TOWN OF BUENA' VISTA Page 9 of9 Regular Meeting March 11, 2025