Planning and Zoning Commission - Packets

The Buena Vista Planning & Zoning Commission February 17, 2021 at 6:00 PM A Regular Meeting Meeting will not be held at the Buena Vista Community Center. The virtual meeting may be accessed virtually via ZOOM. To participate in Public Comment and/or Public Hearings you must connect to the video conference. Conferencing Access Information: https://zoom.us/j/94997591795 Listen via phone at 1-346-248-7799 Meeting ID: 949 9759 179 Passcode: 1872210 AGENDA 6:00 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 – February 3, 2021 VI. Public Comment VII. New Business 1. Discussion regarding Fee for Water Dedication Draft Ordinance Staff will present information about the proposed changes to fees for water as it relates to development within Town limits. Staff is seeking input from the Commission for further direction before bringing the topic back for the Commission’s recommendation to the Board of Trustees. 2. Staff/Commission Interaction VIII. Adjournment This Agenda was Posted at Buena Vista Town Hall, Buena Vista Post Office, and www.buenavistaco.gov on February 16, 2021  Minutes of the Regular Meeting of the Buena Vista Planning and Zoning Commission February 03, 2021 CALL TO ORDER A regular meeting of the Planning and Zoning Commission was called to order at 6:00 pm, Wednesday, February 03, 2021 via Zoom virtual meeting by Vice Chair Lynn Schultz-Writsel. Also present were Commissioners Estes Banks, Craig Brown, and Alternate Commissioner Blake Bennetts. Staff Present: Principal Planner Mark Doering, Project Manager Joel Benson, and Planning Technician Doug Tart. PLEDGE OF ALLEGIANCE Doering led in the Pledge of Allegiance. ROLL CALL Tart proceeded with the roll call and declared a quorum. AGENDA ADOPTION Vice Chair Schultz-Writsel called for approval of the agenda. Commissioner Banks motioned to adopt the agenda as presented, Motion #1 seconded by Commissioner Bennetts. Motion carried. APPROVAL OF MINUTES Commissioner Bennetts motioned for approval of the January 20, 2021 minutes as amended. Motion #2 was seconded by Commissioner Banks. Motion carried. PUBLIC COMMENT Public comments opened at 6:04 pm. With no comments, public comment was closed at 6:04 pm. NEW BUSINESS Town Project Manager, Joel Benson, presented a potential code amendment to address water fees for any new development in Town. The public hearing for the ordinance review would be at the next meeting on February 17. This was an information session to determine if this route is an appropriate direction to go. Once it is approved by the Planning and Zoning Commission, it will go to the Board of Trustees for final approval. The proposed amendment is for a water dedication fee that any new development in Town will pay so the Town can acquire water rights acquisition and/or augmentation. This also includes the implementation of water strategy, i.e. building a well or the re-engineering of the Cottonwood Lake dam. One SFE could be approximately $6,000, and the Board of Trustees will have final determination of the fee. There are also contractually obligated water tap users, with 11 taps left to be allocated to the Ivy League Subdivision and 115 to the Meadows. Due to Accessory Dwelling Units becoming an integral part of the community, The Town is seeing increases in water consumption as a result. Would the Town be able to use these fees to incentivize long-term rentals by waving fees if planning to use an ADU as a long-term rental for 3 to 5 years? For Major Subdivisions, the fee payment could be treated as a Public Improvement Agreement, so developer would not need all of the money up front. This fee would be collected upon submittal of individual building permits within the subdivision. For minor subdivisions or individual development, the fee can be tied to issuance of the Certificate of Occupancy. Benson stated that there would be no trading or crediting of SFE’s. A water report would be required if the development requires more than 50 SFE’s, though this number can be negotiated through both the Planning and Zoning Commission and the Board of Trustees. The Town Administrator would have the ability to determine the maximum amount of water for any project. Also, water is not and would not be guaranteed for any development in Town. Commissioner Banks stressed the importance of protecting our water rights and availability with the increasing value of water in the western United States Commissioner Schultz-Writsel asked about the relationship between fees and cost of water rights in the valley. Benson said 1 acre foot of water rights is approx. $12,000. Commissioner Bennetts stated that the BOT should review these fees annually to ensure the Town is keeping up with changes in cost and value of water rights. Commissioner Brown asked what current developments would not be affected by this change and why. Benson explained that prior agreements have been made to provide water to specific projects, such as Colorado Center PUD and The Farm. Benson explained that a Change of Use of a property can be an opportunity to address changes in water demand. Doering stated that staff would pick a handful of projects to demonstrate what the SFE totals would look like for larger development projects for the Commission to gain a better understanding of water allocation. Commissioner Banks suggested coming back next meeting and revisiting some aspects of the code change proposal. Benson stated that a redline draft would be provided at the next meeting for the approval of the ordinance or approval of the ordinance with amendments. STAFF / COMMISSION INTERACTION Doering has ordered “The Missing Middle” books for the Commission, however they are lost in transit and will be reshipped. Staff will distribute books to the Commissioners once they are received. The Board of Trustees voted to have a conversation about short-term rentals at the Tuesday, February 9 meeting. Interested Commissioners were encouraged to join the meeting. Additionally, a new annexation proposal for a new subdivision will be discussed at next Board of Trustees meeting as well. ADJOURNMENT There being no further business to come before the Commission, Commissioner Banks motioned to adjourn the meeting at 8:15 p.m. Commissioner Schultz-Writsel seconded. Motion #4 was unanimously approved. Respectfully submitted: Preston Larimer, Chair Doug Tart, Planning Technician DATE: February 17, 2021 TO: Planning and Zoning Commission FROM: Staff SUBJECT: Fee for Water Dedication Draft Ordinance REQUEST After a Joint Work Session with the Planning and Zoning Commission and Board of Trustees on January 20, 2021 and an initial review of the intention of this proposed ordinance by the Planning and Zoning Commission on February 3, 2021, we hold a Public Hearing to: review proposed changes to the Municipal Code including introducing a Water Dedication Fee policy, and changes to the code regarding Accessory Dwelling Units (ADUs). In this hearing, staff ask Commissioners to discuss the draft ordinance and do one of the following: a) Recommend approval to the Board of Trustees b) Recommend approval with amendments to the Board of Trustees c) Recommend not approval to the Board of Trustees This proposal would require that any new development pays a water dedication fee that the Town can leverage for water rights acquisition or augmentation. KEY POINTS OF THE POLICY PROPOSAL 1. The amount proposed equals the current Cash-in-Lieu fee for annexation. The Water Master Plan to be carried out in 2021 will include an analysis of this fee. This fee will be reviewed by trustees every year, as per the proposed code. The determination of the fee is tied to meter size, which is determined by fixture count of a building. The proposed code covers new building, remodeling as well as change of use that would cause modifications to the plumbing. 2. The proposed code would apply to all development that do not have vested rights. The wording means that the Colorado Center and The Farm Phase 2 would fall outside of this requirement. It has been determined that the contracts with the Ivy League and the Big Meadow have to do with the system investment fees rather than a water obligation fee. Older subdivisions that have vacant lots that could be built upon would need to pay. Since the fee would be paid through the Public Improvements Agreement for particular phases or Certificate of Occupancy, that serves as a form of insurance that people will not pay early and then sit on an empty lot and water unit. 3. Each ADU pays this same equivalent fee but can have this fee waived if the unit is a long-term rental for three years and can be evaluated with the fee evaluation. 4. Any developer may have the option of bringing their own water to the table instead of paying the fee. 5. There is no trading nor crediting of SFEs (Single Family Equivalencies). 6. A development that proposes to use more than 50 SFEs would need to submit a water report, as per state statute. The Town Administrator may require a water report for other projects as well, at his or her discretion. Statutorily, this number 50 cannot be raised but it can be lowered if desired. This component needs to be added to the Municipal Code regardless. Staff have provided some examples to understand what “50 SFE” actually means in Buena Vista terms. See the attached sample SFE calculations for The Farm, The Boulders at BV, and one block of Old Town Buena Vista for their estimated water usage. 7. The Town Administrator may determine a maximum amount of water dedication for any proposed development. Water is not assured for any development. 8. ADU Inference is added to the code to dissuade arguments with the public about whether or not a space is to be classified as an ADU. This component ought to be added to the Municipal Code regardless. There is a change elucidating on ability to discern a ‘sleeping space’. Attachment A – Sample SFE Calculations Attachment B – Redlined Draft Ordinance Attachment C – Draft Ordinance  Attachment A – Sample SFE Calculations The Boulders at BV 33 Single-family detached lots = 33.0 SFEs (33 x 1.0) 12 Single-Family attached lots = 9.6 SFEs (12 x 0.8) Up to 45 ADUs on all lots = 31.5 SFEs (45 x 0.7) Total Minimum SFEs (no ADUs) = 42.6 SFEs Total Potential SFEs (all ADUs) = 74.1 SFEs The Farm Phase 2 40 Townhome lots = 32.0 SFEs (40 x 0.8) 11 Single-family detached lots = 11.0 SFEs (11 x 1.0) 1 Multifamily lot (77 units) = 46.2 SFEs (77 x 0.6) Up to 11 ADUs = 7.7 SFEs (11 x 0.7) Total Minimum SFEs = 89.2 SFEs Total Potential SFEs (all ADUs) = 96.9 SFEs If No Apartments = 43.0 SFEs One Block of Old Town Lots 32 Single-family homes = 32.0 SFEs (32 x 1.0) Up to 32 ADUs = 22.4 SFEs (32 x 0.7) Total Minimum SFEs (no ADUs) = 32.0 SFEs Total Potential SFEs (all ADUs) = 54.4 SFEs  TOWN OF BUENA VISTA, COLORADO ORDINANCE NO. ___ (SERIES OF 2021) AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE BUENA VISTA MUNICIPAL CODE, RENAMING AND AMENDING ARTICLE 16.05 BY THE ADDITION OF A NEW SUBSECTION 16.05.5.3.6 CONCERNING WATER DEDICATIONS AND FEES-IN-LIEU FOR DEVELOPMENT, AMENDING ARTICLE 16.04 BY THE ADDITION OF A NEW SUBSECTION 16.04.4.8.1 CONCERNING THE ADEQUACY OF WATER FOR DEVELOPMENT, AMENDING SUBSECTION 16.03.3.3.4.A CONCERNING ACCESSORY DWELLING UNITS, AMENDING SECTION 16.07.7.2 WITH A NEW DEFINITION FOR SINGLE FAMILY DWELLING UNIT AND AMENDING SECTION 15-3(d)(2) CONCERNING WATER REQUIREMENTS FOR ANNEXATION WHEREAS, the Town of Buena Vista generally, within the limits of availability, provides water services to residents of the Town; WHEREAS, the Town’s water supply is limited and the Board of Trustees foresees that unrestricted growth will increase water demand beyond the available supplies and recognizes development must have a role in increasing the Town’s water supply; WHEREAS, although the Municipal Code establishes permissible dimensional standards and allowed uses for lots, the Town has reached a point where anew development necessitates that the Town acquire water to service additional subdivisions; and WHEREAS, the Board of Trustees has decided to impose a water dedication or fee-in-lieu requirement as a condition of annexation and development within the Town and further adopts a requirement for annexation and development to demonstrate an adequate water supply. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA, COLORADO, THAT: Section 1. Article 16.05 of Buena Vista Municipal Code is hereby renamed as follows: "Dedications and fee-in-lieu requirements". Section 2. Article 16.05 of the Buena Vista Municipal Code is hereby amended by the addition of a new subsection 16.05.5.3.6 to read as follows: 5.3.6 Water Dedications A. Purpose. The purpose of this Article is to ensure that new development contributes to the purchase or acquisition of water rights or to the payment of augmentation of water to offset the impact of the new development on the Town’s water supply. B. Applicability. This subsection shall apply to all development proposed under this Article, except as provided in this subsection. C. Calculation. 1. Basis for Calculation. Water dedications and fee-in-lieu payments shall be based on the potential development of the property pursuant to the development application, including, but not limited to, the uses by right under the applicable zone district, the uses proposed on the property and division of property. Each single family dwelling unit shall constitute a single family equivalent for purposes of determining the necessary water right dedication or fee-in-lieu. 2. Multiple Developments, One Application. If a development application involves both subdivision and a site plan, the water dedication or fee-in-lieu requirement shall be calculated based the site plan portion of the application; provided, the site plan portion of the application is for the entire property. If the site plan portion of the application involves only a portion of the property subject to the subdivision application, the Town may calculate the water dedication or fee-in-lieu based on a combination of the site plan and subdivision. 3. Effect Previous Annexation or Development Approval. Annexation or approval of a subdivision plat shall not exempt property from the requirements of this Article. For properties previously annexed or subdivided in compliance with this Code, submission of a new development or building permit application shall require compliance with this Article. For developments for which there is a credit for a previously-made water rights dedication or fee-in-lieu payment, such dedication or payment shall be subtracted from any additional required dedication or payment upon further development of the property. 4. Subdivisions. Upon receipt of an application for a subdivision, Town staff shall determine the possible number of single family dwelling units based upon the zoning of the property and manner of division of the property, including but not limited to the number of lots. 5. Residential Site Plans or Building Permits. Upon receipt of an application for a residential site plan or building permit, as applicable, Town staff shall determine the number of new single family dwelling units proposed by the site plan or building permit. For residential building permit that involves a change in use or alteration to an existing building, the owner shall only be required to dedicate water or pay a fee in lieu if the fixtures subject to the building permit application require a meter size larger than ¾”. 6. Non-Residential and Mixed Use Site Plans or Building Permits. Upon receipt of an application for a nonresidential site plan or building permit, Town staff shall determine the size and number of taps necessary to serve the development as  proposed by the site plan or building permit. For nonresident building permits, the owner shall only be required to dedicate water or pay a fee in lieu if the fixtures subject to the building permit application require a meter size larger than ¾”. Upon receipt of an application for a mixed use site plan or building permit, Town staff shall determine the number of single family units and the size and number of taps for the nonresidential component of the development. For these uses, one three- quarter inch tap shall be equivalent to one single family dwelling unit. For mixed use building permits, the owner shall only be required to dedicate water or pay a fee in lieu if the fixtures subject to the building permit application require a meter size larger than ¾”. 7. ADUs. The possibility of ADUs on a property shall not be considered at the time of subdivision, unless the ADU is part of site plan pursuant to subsection C(2) above. However, additional water rights dedication or payment of fee-in-lieu shall be imposed for an ADU within a subdivided property at the time of request for approval of an ADU. D. Water Rights Dedication or Fee in Lieu. 1. The water rights to be dedicated shall be sufficient to serve the proposed development. The fee-in-lieu of a water rights dedication to be paid shall be established by Board of Trustees. The fee-in-lieu shall be reviewed annually by the Board of Trustees and updated accordingly. 2. Dedication of the water rights or payment of the fee-in-lieu shall be made to the Town prior to recording of the final plat, minor subdivision plat, or in the case of site plans and building permits, prior to the issuance of the certificate of occupancy, except as provided herein. The Town will reevaluate the amount of dedication or payment at the time of issuance of the certificate of occupancy, or approval of final plat or minor subdivision plat. Any difference between the amount of dedication or payment calculated at the time of application and issuance of the certificate of occupancy, or approval of final plat or minor subdivision plat shall be the responsibility of the developer and shall be paid prior to the issuance of the certificate or approval of final plat or minor subdivision plat. 3. For major subdivisions, subject to a public improvements agreement, the Town may, in its sole discretion, allow for the payment of fee-in-lieu at the time for preliminary acceptance of the public improvements. If permitted by the Town, the developer/subdivider shall secure payment of the fee-in-lieu by letter of credit. The water fee-in-lieu security shall be in addition to any security required under the public improvements agreement for public improvements. 4. The Town shall have sole discretion to accept a dedication of water rights, to impose conditions on such an acceptance, and to determine how much development such a dedication will support. The Town shall also have sole discretion to accept a fee-in- lieu of a water rights dedication.  E. Waiver. A developer may seek a waiver from the Town Administrator for ADUs which will not be used as a short-term rental for a period of at least three years from the issuance of the certificate of occupancy. Such a waiver, if approved, will be recorded against the property by the Town and any use of the ADU as a short-term rental will cause the fee-in-lieu applicable to development at the time of the use of the ADU as short term rental to become due and payable immediately to the Town. The Town shall send the owner of the property a notice of assessment of the fee-in-lieu and if such payment is not made within thirty (30) days of the date of the notice of assessment, the Town is authorized to record a lien against the property for the amount of the fee-in-lieu due and certify the same to the County Treasurer, to be collected and paid over in the same manner as taxes, together with the costs of collection. Cessation of the ADU as a short term rental after receipt of the notice of assessment shall not alleviate the property owner from payment of the fee-in-lieu as required. F. Limitations. 1. Consolidation of lots shall not entitle the subdivider to any credit for any fee-in-lieu. 2. Previously dedicated rights and paid fees-in-lieu are credited to the property which was the subject of the development and may not be transferred as a credit to any other property. Section 3. Article 16.04 of the Buena Vista Municipal Code shall be amended by the addition of new subsection 4.8 to read as follows: 4.8. Water Supply. 4.8.1. Adequate Water Supply. A. Purpose. The purpose of this section is to ensure that developments demonstrate the availability of water for the type of use proposed and that the Town, as the water utility, has adequate water capacity to supply water to a development. B. Applicability. For every development, the Town shall evaluate whether it has adequate water to supply for the development. In making this evaluation, the Town may take into consideration the type of use, density, long-term water goals of the Town, water quality and any other factor relevant to the evaluation of whether an adequate water supply exists. No development is ensured water from the Town and the lack of adequate water supply may be a basis for denial of a development or building permit application. For developments involving more than fifty single-family equivalents, evaluation of an adequate water supply shall occur during preliminary plat phase in accordance with Sec. 16.06.6.6.3 and if adequate water supply is found, no further evaluation shall be made for the specific project, except as allowed by C.R.S. § 29-20- 303.  C. Water Report. A development which results in a new water use in an amount more than that used by fifty single-family equivalents must submit a water report with the following information: 1. An estimate of the water supply requirements for the proposed development through build-out conditions; 2. A description of the physical source of water supply that will be used to serve the proposed development; 3. An estimate of the amount of water yield projected from the proposed water supply under various hydrologic conditions; 4. Water conservation measures, if any, that may be implemented within the development; 5. Water demand management measures, if any, that may be implemented within the development to account for hydrologic variability; and 6. Such other information as may be required by the Town. Section 4. Section 16.07.7.2 of the Buena Vista Municipal Code is hereby amended by a new definition as follows: Dwelling, single-family. A dwelling unit to be used by one person or group of persons acting as one household unit. Section 5. Section 16.03.3.3.4.A of the Buena Vista Municipal Code is hereby amended by the addition of a new subsection 6 to read as follows: 6. Inference of ADU. a. The Town may infer the creation of an ADU in a primary structure and require compliance with this Section if actions indicate the intent to creation an independent dwelling unit or other similar arrangement for a separate dwelling unit by the presence of any of the following: i. The existence of a separate exterior entrance to separate living space; ii. The ability or practice of blocking access to the separate living space from the remainder of primary structure or vice versa; iii. The existence of secondary cooking facilities; and/or iv. A separate living space which could be used for sleeping, either sanitary or cooking facilities, or both.  b. The Town may infer the creation of an ADU in an accessory detached structure and require compliance with this Section if actions indicate the intent to creation an independent dwelling unit or other similar arrangement for a separate dwelling unit by the presence of any of a living space which could be used for sleeping, either sanitary or cooking facilities, or both. Section 6. Section 15-3(d)(2) of the Buena Vista Municipal Code is hereby amended to read as follows: A preliminary utility plan, including a description of the anticipated need and proposed timing for the extension of the municipal water system to serve the annexation territory. Unless specifically waived in whole or in part by the Board of Trustees during the annexation review and approval process upon a finding that such waiver would serve the best interests of the Town, every applicant for annexation shall, as a condition of annexation approval, be required to dedicate water rights or pay a fee-in-lieu in accordance with Section 16.05.5.3.6 of this Code. 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 ____________________, 2021. THIS ORDINANCE SHALL BECOME EFFECTIVE THIRTY (30) DAYS FROM PUBLICATION. TOWN OF BUENA VISTA, COLORADO By: ________________________________ Duff Lacy, Mayor ATTEST: _________________________________ Paula Barnett, Town Clerk (SEAL)  TOWN OF BUENA VISTA, COLORADO ORDINANCE NO. ___ (SERIES OF 2021) AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE BUENA VISTA MUNICIPAL CODE, RENAMING AND AMENDING ARTICLE 16.05 BY THE ADDITION OF A NEW SUBSECTION 16.05.5.3.6 CONCERNING WATER DEDICATIONS AND FEES-IN-LIEU FOR DEVELOPMENT, AMENDING ARTICLE 16.04 BY THE ADDITION OF A NEW SUBSECTION 16.04.4.8.1 CONCERNING THE ADEQUACY OF WATER FOR DEVELOPMENT, AMENDING SUBSECTION 16.03.3.3.4.A CONCERNING ACCESSORY DWELLING UNITS, AMENDING SECTION 16.07.7.2 WITH A NEW DEFINITION FOR SINGLE FAMILY DWELLING UNIT AND AMENDING SECTION 15-3(d)(2) CONCERNING WATER REQUIREMENTS FOR ANNEXATION WHEREAS, the Town of Buena Vista generally, within the limits of availability, provides water services to residents of the Town; WHEREAS, the Town’s water supply is limited and the Board of Trustees foresees that unrestricted growth will increase water demand beyond the available supplies and recognizes development must have a role in increasing the Town’s water supply; WHEREAS, although the Municipal Code establishes permissible dimensional standards and allowed uses for lots, the Town has reached a point where anew development necessitates that the Town acquire water to service additional subdivisions; and WHEREAS, the Board of Trustees has decided to impose a water dedication or fee-in-lieu requirement as a condition of annexation and development within the Town and further adopts a requirement for annexation and development to demonstrate an adequate water supply. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA, COLORADO, THAT: Section 1. Article 16.05 of Buena Vista Municipal Code is hereby renamed as follows: "Dedications and fee-in-lieu requirements". Section 2. Article 16.05 of the Buena Vista Municipal Code is hereby amended by the addition of a new subsection 16.05.5.3.6 to read as follows: 5.3.6 Water Dedications A. Purpose. The purpose of this Article is to ensure that new development contributes to the purchase or acquisition of water rights or to the payment of augmentation of water to offset the impact of the new development on the Town’s water supply. B. Applicability. This subsection shall apply to all development proposed under this Article, except as provided in this subsection. C. Calculation. 1. Basis for Calculation. Water dedications and fee-in-lieu payments shall be based on the potential development of the property pursuant to the development application, including, but not limited to, the uses by right under the applicable zone district, the uses proposed on the property and division of property. Each single family dwelling unit shall constitute a single family equivalent for purposes of determining the necessary water right dedication or fee-in-lieu. 2. Multiple Developments, One Application. If a development application involves both subdivision and a site plan, the water dedication or fee-in-lieu requirement shall be calculated based the site plan portion of the application; provided, the site plan portion of the application is for the entire property. If the site plan portion of the application involves only a portion of the property subject to the subdivision application, the Town may calculate the water dedication or fee-in-lieu based on a combination of the site plan and subdivision. 3. Effect Previous Annexation or Development Approval. Annexation or approval of a subdivision plat shall not exempt property from the requirements of this Article. For properties previously annexed or subdivided in compliance with this Code, submission of a new development or building permit application shall require compliance with this Article. For developments for which there is a credit for a previously-made water rights dedication or fee-in-lieu payment, such dedication or payment shall be subtracted from any additional required dedication or payment upon further development of the property. 4. Subdivisions. Upon receipt of an application for a subdivision, Town staff shall determine the possible number of single family dwelling units based upon the zoning of the property and manner of division of the property, including but not limited to the number of lots. 5. Residential Site Plans or Building Permits. Upon receipt of an application for a residential site plan or building permit, as applicable, Town staff shall determine the number of new single family dwelling units proposed by the site plan or building permit. For residential building permit that involves a change in use or alteration to an existing building, the owner shall only be required to dedicate water or pay a fee in lieu if the fixtures subject to the building permit application require a meter size larger than ¾”. 6. Non-Residential and Mixed Use Site Plans or Building Permits. Upon receipt of an application for a nonresidential site plan or building permit, Town staff shall determine the size and number of taps necessary to serve the development as  proposed by the site plan or building permit. For nonresident building permits, the owner shall only be required to dedicate water or pay a fee in lieu if the fixtures subject to the building permit application require a meter size larger than ¾”. Upon receipt of an application for a mixed use site plan or building permit, Town staff shall determine the number of single family units and the size and number of taps for the nonresidential component of the development. For these uses, one three- quarter inch tap shall be equivalent to one single family dwelling unit. For mixed use building permits, the owner shall only be required to dedicate water or pay a fee in lieu if the fixtures subject to the building permit application require a meter size larger than ¾”. 7. ADUs. The possibility of ADUs on a property shall not be considered at the time of subdivision, unless the ADU is part of site plan pursuant to subsection C(2) above. However, additional water rights dedication or payment of fee-in-lieu shall be imposed for an ADU within a subdivided property at the time of request for approval of an ADU. D. Water Rights Dedication or Fee in Lieu. 1. The water rights to be dedicated shall be sufficient to serve the proposed development. The fee-in-lieu of a water rights dedication to be paid shall be established by Board of Trustees. The fee-in-lieu shall be reviewed annually by the Board of Trustees and updated accordingly. 2. Dedication of the water rights or payment of the fee-in-lieu shall be made to the Town prior to recording of the final plat, minor subdivision plat, or in the case of site plans and building permits, prior to the issuance of the certificate of occupancy, except as provided herein. The Town will reevaluate the amount of dedication or payment at the time of issuance of the certificate of occupancy, or approval of final plat or minor subdivision plat. Any difference between the amount of dedication or payment calculated at the time of application and issuance of the certificate of occupancy, or approval of final plat or minor subdivision plat shall be the responsibility of the developer and shall be paid prior to the issuance of the certificate or approval of final plat or minor subdivision plat. 3. For major subdivisions, subject to a public improvements agreement, the Town may, in its sole discretion, allow for the payment of fee-in-lieu at the time for preliminary acceptance of the public improvements. If permitted by the Town, the developer/subdivider shall secure payment of the fee-in-lieu by letter of credit. The water fee-in-lieu security shall be in addition to any security required under the public improvements agreement for public improvements. 4. The Town shall have sole discretion to accept a dedication of water rights, to impose conditions on such an acceptance, and to determine how much development such a dedication will support. The Town shall also have sole discretion to accept a fee-in- lieu of a water rights dedication.  E. Waiver. A developer may seek a waiver from the Town Administrator for ADUs which will not be used as a short-term rental for a period of at least three years from the issuance of the certificate of occupancy. Such a waiver, if approved, will be recorded against the property by the Town and any use of the ADU as a short-term rental will cause the fee-in-lieu applicable to development at the time of the use of the ADU as short term rental to become due and payable immediately to the Town. The Town shall send the owner of the property a notice of assessment of the fee-in-lieu and if such payment is not made within thirty (30) days of the date of the notice of assessment, the Town is authorized to record a lien against the property for the amount of the fee-in-lieu due and certify the same to the County Treasurer, to be collected and paid over in the same manner as taxes, together with the costs of collection. Cessation of the ADU as a short term rental after receipt of the notice of assessment shall not alleviate the property owner from payment of the fee-in-lieu as required. F. Limitations. 1. Consolidation of lots shall not entitle the subdivider to any credit for any fee-in-lieu. 2. Previously dedicated rights and paid fees-in-lieu are credited to the property which was the subject of the development and may not be transferred as a credit to any other property. Section 3. Article 16.04 of the Buena Vista Municipal Code shall be amended by the addition of new subsection 4.8 to read as follows: 4.8. Water Supply. 4.8.1. Adequate Water Supply. A. Purpose. The purpose of this section is to ensure that developments demonstrate the availability of water for the type of use proposed and that the Town, as the water utility, has adequate water capacity to supply water to a development. B. Applicability. For every development, the Town shall evaluate whether it has adequate water to supply for the development. In making this evaluation, the Town may take into consideration the type of use, density, long-term water goals of the Town, water quality and any other factor relevant to the evaluation of whether an adequate water supply exists. No development is ensured water from the Town and the lack of adequate water supply may be a basis for denial of a development or building permit application. For developments involving more than fifty single-family equivalents, evaluation of an adequate water supply shall occur during preliminary plat phase in accordance with Sec. 16.06.6.6.3 and if adequate water supply is found, no further evaluation shall be made for the specific project, except as allowed by C.R.S. § 29-20- 303.  C. Water Report. A development which results in a new water use in an amount more than that used by fifty single-family equivalents must submit a water report with the following information: 1. An estimate of the water supply requirements for the proposed development through build-out conditions; 2. A description of the physical source of water supply that will be used to serve the proposed development; 3. An estimate of the amount of water yield projected from the proposed water supply under various hydrologic conditions; 4. Water conservation measures, if any, that may be implemented within the development; 5. Water demand management measures, if any, that may be implemented within the development to account for hydrologic variability; and 6. Such other information as may be required by the Town. Section 4. Section 16.07.7.2 of the Buena Vista Municipal Code is hereby amended by a new definition as follows: Dwelling, single-family. A dwelling unit to be used by one person or group of persons acting as one household unit. Section 5. Section 16.03.3.3.4.A of the Buena Vista Municipal Code is hereby amended by the addition of a new subsection 6 to read as follows: 6. Inference of ADU. a. The Town may infer the creation of an ADU in a primary structure and require compliance with this Section if actions indicate the intent to creation an independent dwelling unit or other similar arrangement for a separate dwelling unit by the presence of any of the following: i. The existence of a separate exterior entrance to separate living space; ii. The ability or practice of blocking access to the separate living space from the remainder of primary structure or vice versa; iii. The existence of secondary cooking facilities; and/or iv. A separate living space which could be used for sleeping, either sanitary or cooking facilities, or both.  b. The Town may infer the creation of an ADU in an accessory detached structure and require compliance with this Section if actions indicate the intent to creation an independent dwelling unit or other similar arrangement for a separate dwelling unit by the presence of any of a living space which could be used for sleeping, either sanitary or cooking facilities, or both. Section 6. Section 15-3(d)(2) of the Buena Vista Municipal Code is hereby amended to read as follows: A preliminary utility plan, including a description of the anticipated need and proposed timing for the extension of the municipal water system to serve the annexation territory. Unless specifically waived in whole or in part by the Board of Trustees during the annexation review and approval process upon a finding that such waiver would serve the best interests of the Town, every applicant for annexation shall, as a condition of annexation approval, be required to dedicate water rights or pay a fee-in-lieu in accordance with Section 16.05.5.3.6 of this Code. 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 ____________________, 2021. THIS ORDINANCE SHALL BECOME EFFECTIVE THIRTY (30) DAYS FROM PUBLICATION. TOWN OF BUENA VISTA, COLORADO By: ________________________________ Duff Lacy, Mayor ATTEST: _________________________________ Paula Barnett, Town Clerk (SEAL)  The Californians Are Coming. So Is Their Housing Crisis. Is it possible to import growth without also importing housing problems? “I can’t point to a city that has done it right.” • Feb. 12, 2021 Statistically speaking, Idaho is one of America’s greatest economic success stories. The state has low unemployment and high income growth. It has expanded education spending while managing to shore up budget reserves. Brad Little, the state’s Republican governor, has attributed this run of prosperity to the mix of low taxes and minimal regulation that conservatives call “the business climate.” But there is another factor at play: Californians, fleeing high home prices, are moving to Idaho in droves. For the past several years, Idaho has been one of the fastest-growing states, with the largest share of new residents coming from California. This fact can be illustrated with census data, moving vans — or resentment. Home prices rose 20 percent in 2020, according to Zillow, and in Boise, “Go Back to California” graffiti has been sprayed along the highways. The last election cycle was a referendum on growth and housing, and included a fringe mayoral candidate who campaigned on a promise to keep Californians out. The dichotomy between growth and its discontents has fused the city’s politics and collective consciousness with a question that city leaders around the country were asking even before the pandemic and remote work trends accelerated relocation: Is it possible to import California’s growth without also importing its housing problems? “I can’t point to a city that has done it right,” said Lauren McLean, Boise’s Democratic mayor. That’s because as bad as California’s affordable housing problem is, it isn’t really a California problem. It is a national one. From rising homelessness to anti-development sentiment to frustration among middle-class workers who’ve been locked out of the housing market, the same set of housing issues has bubbled up in cities across the country. They’ve already visited Boise, Nashville, Denver and Austin, Texas, and many other high-growth cities. And they will become even more widespread as remote workers move around. Housing costs are relative, of course, so anyone leaving Los Angeles or San Francisco will find almost any other city to have a bountiful selection of homes that seem unbelievably large and cheap. But for those tethered to the local economy, the influx of wealthier outsiders pushes housing costs further out of reach. According to a recent study by Redfin, the national real estate brokerage, the budget for out-of-town home buyers moving to Boise is 50 percent higher than locals’ — $738,000 versus $494,000. In Nashville, out-of-towners also have a budget that is 50 percent higher than locals. In Austin it’s 32 percent, Denver 26 percent and Phoenix 23 percent. Riverfront Park in downtown Nashville. Redfin, the national real estate brokerage, found that out-of-towners had a home buying budget that was 50 percent higher than locals.Credit...William DeShazer for The New York Times Frustrating as this is for prospective home buyers, the real pain is felt among low- income tenants, a quarter of whom — about 11 million U.S. households — are already spending more than half their pretax income on rent. As rising costs filter through the market and the rent burden gets more severe, food budgets get squeezed, families double up and the most vulnerable end up on the streets. In city after city, studies have shown that homelessness has a distinct financial tipping point. As soon as the local rent burden reaches the point where renters on average spend more than a third of their income on housing, the number of people on the streets starts to rise sharply, according to researchers at Zillow and elsewhere. Cities are built around jobs, and the nation’s inequality reflects that. In a trend that has been exhaustively documented by economists and journalists, over the past four decades the U.S. economy has bifurcated into high-paying jobs in fields like tech and finance and low-paying jobs in retail and personal services. It could be described as two separate societies, but in U.S. metropolitan areas these societies are intertwined. This is as true in Boise as it is in San Francisco. Some work has to be done in person. No matter how high housing costs get, there is not, as of yet, a way to telecommute to a cleaning job. So unless the hordes of expatriate Californians flocking to cheaper cities expect their children to be in remote school forever, to never again eat at a restaurant, to always tidy their own homes — and unless companies leaving California expect to do without the services of janitors and security guards — the underlying problem will persist in every next city that has the misfortune of becoming desirable. Scholars started documenting California’s affordable housing crisis in the mid-1970s, and since then liberal and conservative economists have identified stringent zoning regulations and not-in-my-backyard (NIMBY) politics as leading causes of the nation’s housing problem. Both Republican and Democratic administrations have taken up the NIMBY issue. Jack Kemp, the secretary of housing and urban development for the first President George Bush, convened a housing advisory commission whose 1991 report was called “Not in My Back Yard: Removing Barriers to Affordable Housing.” President Barack Obama spoke against “rules that stand in the way of building new housing” in a speech in 2016, and President Donald J. Trump, echoing Mr. Bush, signed an executive order in 2019 establishing a White House council on affordable housing. (Mr. Trump reversed course a year later, ending an Obama-era program intended to combat racial segregation in the suburbs.) The problem is that opposition to new housing also has bipartisan agreement. Blue cities full of people who say they want a more equitable society consistently vote to push housing costs onto others. They will vote for higher taxes to fund social programs, but also make sure that whatever affordable housing does get built is built far away from them. Red suburbs full of people who say regulation should be minimal and property rights protected insist that their local governments legislate a million little rules that dictate what can be built where. What does it mean to respect property rights? In zoning fights, it gets fuzzy. “Normally we think of ownership as determining who has a right to use a piece of property in a certain way,” said Emily Hamilton, an economist and director of the Urbanity Project at the Mercatus Center at George Mason University. But when a city tries to add density, she said, it’s common to see this framed “as harming the property rights of people who could experience changes in their neighborhood.” It’s a distant memory now, but in the weeks before the pandemic shut down the economy, housing policy was having a minor political moment. The field of Democratic presidential candidates, including President Biden, had released a flurry of federal housing proposals that varied in their particulars but revolved around a series of tax breaks, affordable housing funds and promises to encourage intransigent local governments to make it easier to build.  The track record of previous administrations suggests that the federal government can accomplish only so much. That’s why Dr. Hamilton, who closely follows local housing policies, is encouraged that there are also a flurry of proposals coming out of state and local governments. In 2018 the City Council in Minneapolis voted to outlaw the practice of declaring some neighborhoods off limits for apartment buildings — what’s known as single-family zoning — becoming the first major U.S. city to do so. Since then, a half-dozen states have introduced bills to limit single-family zoning. Various others have passed laws to prevent cities from banning backyard cottages and require them to permit more apartments. Ms. McLean, the mayor of Boise, recently started an effort to rewrite the city’s zoning code. The action might be local, but the message should carry nationwide: The only way to solve the housing crisis is to address it in every city it visits. Otherwise, we’re just spreading it around. Conor Dougherty is an economics reporter and the author of “Golden Gates: Fighting for Housing in America.” His work focuses on the West Coast, real estate and wage stagnation among U.S. workers. @ConorDougherty A version of this article appears in print on Feb. 14, 2021, Section BU, Page 5 of the New York edition with the headline: Californians Bring Housing Woes With Them. Order Reprints | Today’s Paper | Subscribe • •