Buena Vista Trustees approved Resolution 34-2020 during their Tuesday evening meeting, allowing for the creation of more temporary outside retail and restaurant space. The decision is based on the real concern that local businesses meet social distancing requirements of the public health order focused on containing the coronavirus known as COVID-19.
Chaffee County continues to slowly reopen based on the variance it received last Thursday May 21 from the State of Colorado. The town’s resolution will allow local businesses who apply for temporary outside use areas, who meet town and public health requirements, to expand into private parking lots, public parking lots, and into public spaces.
Buena Vista East Main St.
“This is a tool for the town to use to help make a creative solution – to allow a business to do something temporary,” said Town Administrator Phillip Puckett. “It fits as a framework for businesses to expand beyond their current premises – creative spaces – it’s lightweight, it’s easy [to do]. We do an administrative review of the applicant’s idea, come up with a plan.”
He added that the staff could manage this temporary solution.
Puckett said he and Town Clerk Paula Barnett, had met with eight businesses that have an interest in the idea. Most could expand on private property, while a few could expand in public areas like parking spaces. Establishments would still be required to meet state liquor licensing requirements. Servers would not be allowed to cross sidewalks or roads to serve alcohol. The outside space offer would also apply to businesses on U.S. 24 with the stipulation that there would be no space allowed on the [U.S. 24] highway.
The solution Buena Vista has developed is seen as a way to spread out patrons, but it isn’t one-size-fits-all. “We discovered by trying to create a [application] form that every sidewalk and parking space is unique,” said Puckett. “So it’s hard to set detailed limits…we have to be flexible.”
Surf Hotel, Buena Vista. CO. Image courtesy of Trip Advisor.
There are variable details, such as how much lighting is available, and the size of the spaces. The town needs to have at least five feet of pedestrian width on sidewalks, and the business has to agree to abide by all state laws for their business, and the state public health orders. The town added the business category “resort complex” to its definitions of businesses allowed to apply for more temporary outdoor space.
While trustees were in agreement about the need and the idea to handle social distancing, there was a lengthy discussion that included questions about specifics: establishing hours of operation, consistent marking of the spaces, and just as important, how to handle handicapped parking spaces, which Mayor Duff Lacy noted would need to be “done on a case by case basis.”
“You can’t just put them anywhere,” said Town Attorney Jeff Parker. There are ADA (Americans with Disabilities Act) requirements. I’d be concerned about reducing [the number] from what you have….there has to be space to get in and out, and ramps to the sidewalk.”
“This is meant for purposes of the COVID pandemic,” said Town Planner Mark Doering, who agreed with Puckett that the permits should run to November (roughly 180 days) unless the social distancing need ended earlier. “This isn’t a permanent alteration into the premises.”
Trustees discussed permit fees and unanimously decided to cut the fee by 50 percent, setting a flat $75 fee to cover extra space use from the day of approval through mid-November.
The decision regarding allowing temporary retail and serving outdoor space in both private space and public space was a three-three tie vote, with the mayor breaking the tie. Voting for the resolution were Amy Eckstein , Devin Rowe, David Volpe and Mayor Duff Lacy. Voting no were Libby Fay, Norm Nyberg, and Cindie Swisher. They shared concerns about protection of adequate sidewalk widths, concerns over how to preserve the town’s limited handicap parking spaces, and the use of public space for private business activities.
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