Planning and Zoning Commission - Packets

The Town of Buena Vista Planning & Zoning Commission November 06th, 2024 at 7:00 PM Commission Members and Staff will meet at the Community Center. The public is encouraged to join the meeting in person or 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 Call to Order Pledge of Allegiance Roll Call Agenda Adoption Approval of Minutes – October 16th, 2024 Public Comment New Business Public Hearing: AN ORDINANCE AMENDING MULTIPLE SECTIONS OF CHAPTERS 11, 16 AND 17 OF THE BUENA VISTA MUNICIPAL CODE TO UPDATE AND CLARIFY UNIFIED DEVELOPMENT CODE PROVISIONS Public Hearing: AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA AMENDING SECTION 16.05.5.3.6 OF THE BUENA VISTA MUNICIPAL CODE CONCERNING WATER DEDICATIONS Staff/Commission Interaction Adjournment  Minutes of the Regular Meeting of the Buena Vista Planning and Zoning Commission October 16th, 2024 CALL TO ORDER A meeting of the Planning and Zoning Commission was called to order at 7:00 PM., on Wednesday, October 16th, 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 Mahoney proceeded with the roll call and Larimer declared a quorum. Attendee Name Title Status Preston Larimer Chair Present Tony LaGreca Vice Chair Not Present Craig Brown Commissioner Present Blake Bennetts Commissioner Present Thomas Brown Commissioner Present Tina Bennetts Alternate Present (non-voting) Michael Westheimer Alternate Present (non-voting) AGENDA ADOPTION P. Larimer called for approval of the agenda. B. Bennetts motioned to amend the agenda to make the public hearing on the Three-Mile Plan the first item on the agenda and the public hearing relating to parking code amendments the second item on the agenda. The motion was seconded by T. Brown. Motion #1 passed. APPROVAL OF MINUTES T. Brown motioned to approve the meeting minutes from September 18th, 2024 as presented. B. Bennetts seconded. Motion #2 passed. PUBLIC COMMENT Public comment was opened at 7:02 PM. With no comments, public comment was closed at 7:03 PM. NEW BUSINESS Larimer opened new business item #1 by opening a public hearing to review the proposed 2025 Three-Mile Plan. Benson presented the updated Three-Mile Plan with an overview of the plan itself, goals of the plan, and State requirements to adopt the plan each year. Benson went on to describe the minimal updates to the plan. Area 11, also known as Chicago Ranch, had been removed from the plan and all maps as there were no current growth plans for that area since the Chicago Ranch was successfully annexed in 2024. Several map updates were outlined, such as the inclusion of the Water Rights Service Area boundary on the infrastructure map. At the close of his presentation, Benson noted that the Commission may vote to make a recommendation to the Board of Trustees to approve the 2025 Three-Mile Plan as presented, approve the plan with conditions, deny the plan, or to continue the hearing. The commissioners then asked clarifying questions. At 7:18 PM Larimer opened public comment for the public hearing. Jeff Keidel of 209 S. Colorado Avenue provided public comment regarding Area 9. With no further comment, public comment for the public hearing was closed at 7:33 PM. The commissioners then deliberated the proposed plan and discussed adjustments to language in Areas 2, 3, 8, and 9 as well as an update to the Area 9 map. T. Brown motioned to recommend that the Board of Trustees approve the 2025 Three-Mile Plan with the Planning Commission’s changes to areas 2, 3, 8, and 9 and the map and legend for Area 9. B. Bennetts seconded the motion Motion #3 passed unanimously. At 7:38 PM Larimer closed the first public hearing. At 7:49 PM Larimer opened the second public hearing for Business Item #2, an ordinance related to off-street parking requirements and cash-in-lieu for parking in the Downtown core. Benson presented the ordinance, giving historical context for recent parking Code changes in the UDC. Benson provided examples of existing uses of the Code language and parking deficiencies resulting from those interpretations. The original intent of the current Code language was a way to encourage infill development on lots in the original 1905 town plat east of the highway. The proposed changes are intended to clarify ambiguous Code language for Staff that is closer to the original intent of the Code. The proposed changes would continue to encourage development of infill lots east of the highway, add specificity to the cash-in-lieu option and clarify bicycle parking. The Commission asked clarifying questions. At 8:20 PM public comment was opened. With no comments, the public comment portion of the public hearing was closed at 8:21 PM. The Commission then deliberated the proposed ordinance. Larimer requested a motion to recommend to the Board of Trustees approval of the ordinance as presented, approval with amendments, denial, or a motion to continue the hearing. T. Brown motioned to recommend that the Board of Trustees approve the Ordinance related to off-street parking requirements including bicycle parking with the changes specifically identified by the Commission in section 3 relevant to cash-in-lieu and with respect to section 2 on bicycle parking, paragraphs 1 and 4 will have an encouragement for covered and secured bicycle parking. C. Brown seconded the motion. Motion #4 passed unanimously. Larimer closed the public hearing, and new business, at 8:24 PM. STAFF / COMMISSION INTERACTION Staff provided an update on existing and upcoming applications including a Site Plan, the Homestead major subdivision, and The Farm. Larimer recommended a meeting with Chaffee County Planning. New commissioner applications have been received for upcoming openings on the Commission. _____________________________________________________________________________________ ADJOURNMENT There being no further business, B. Bennetts motioned to adjourn the meeting. C. Brown seconded. Motion #5 was unanimously approved. Respectfully submitted: ______________________________________ Preston Larimer, Chair Date ______________________________________ Caroline Mahoney, Planner I Date  DATE: November 6, 2024 TO: Planning and Zoning Commission FROM: Joel Benson, Planning Director RE: Public Hearing: An ordinance amending multiple sections of Chapters 11, 16 and 17 of the Buena Vista Municipal Code to update and clarify unified development code provisions BACKGROUND The following proposed changes come before the Commission for a recommenda�on to the Board of Trustees. Each of these intend to clean up confusion, correct language, and clarify process. The criteria cited in the Municipal Code that are used to evaluate changes to the Unified Development Code (UDC) are as follows: UDC Amendment Approval Criteria. A UDC amendment is a legislative decision by the Board of Trustees. Prior to recommending approval or approving a proposed UDC amendment, the Planning and Zoning Commission and the Board of Trustees shall consider whether and to what extent the proposed amendment: i. Is consistent with the Comprehensive Plan; ii. Does not conflict with other provisions of the UDC or Town Code; iii. Is necessary to address a demonstrated community need; iv. Is necessary to respond to changing policy or conditions; v. Is consistent with the purpose and intent of the zoning districts in the UDC, would improve compatibility among land uses, or would result in an orderly and logical development pattern; and vi. Would not result in significantly adverse impacts to the natural environment, including air quality, water quality, wildlife, vegetation, and other natural features of the Town. Please note that two code changes, in Chapters 11 and 17, are included as well. These are not part of Chapter 16, which is the UDC but are included in the proposed ordinance and summarized below. The criteria are not specifically applied to these chapters; however the Commission may discuss these proposed amendments as well. Staff find that all criteria are met for each of the proposed changes. These are to clarify processes and clean up some long overdue code language. There are many other typographical errors that will need to come before the Commission in the future. PLANNING AND ZONING COMMISSION ACTION Should the Commission agree with the findings of staff and with the proposed code amendments, the Commission should move to recommend approval, Approval with Amendments or Denial of the proposed ordinance. The Commission may also vote to con�nue the hearing, preferably to date certain. PROPOSED CHANGES (Found in Sec�on 1 of Ordinance) Proposed changes to Sec�on 16.02.2 Summary tables of Dimensional Standards, Table 2.2 Purpose: Changes are a clean up to match a superseding table in the UDC. The Code requires 60% maximum coverage and 25% minimum landscaping R-1 R-1 Old R- R-2 R-2 Old R-3 R-3 Old Town 1.5 Town Town Overlay Overlay Overlay Building 20%, 40% [3] 50% 60% 27.5%, 70% 75% 80% coverage, max. 60% 55% [4] Required 25% 20% 25% 20% 20% 15% 15% landscaping, 25% min. (Found in Sec�on 2 of Ordinance) Proposed changes to Sec�on 16.04.4.6(E). Prohibited Fencing and Screening Materials. Purpose of change: To add this to the code since it is listed within the fence permit applica�on as a prohibited material. Slab lumber is a building material that can be deleterious to the community because of its inconsistency. 4. Slab lumber is a prohibited fencing and screening material. For purposes of this provision, slab lumber means a relatively flat piece of wood cut from a tree with irregular edges and sometimes with bark left on that displays the natural insides of a tree. Slab lumber is commonly referred to as ‘live edge lumber’.” (Found in Sec�on 3 of Ordinance) Proposed changes to Sec�on 16.07.7.2 Defini�on of Live-Work Purpose: A live-work does not qualify as an ADU (accessory dwelling unit) in the sec�on under accessory structures. The stated defini�on of a live-work unit, however, creates confusion. The proposal is to remove the word, “accessory” and simply state, “a dwelling unit” “Live-work. An accessory dwelling unit(s) that accompanies a nonresidential structure for the purpose of housing the owner or staff of the business occupying the nonresidential space.” (Found in Sec�on 4 of Ordinance) Proposed changes to Sec�on 16.03.3.3.4 Standards for Specific Accessory Uses and Structures, Accessory Dwelling Units. Site Standards Purpose: There are rou�nely ques�ons about the placement of addresses for ADUs. This adds a specific reference in the ADU site standards, lis�ng a new subsec�on (c). Site Standards. C. “An ADU must have a unique address as required by Section 505.1 of the International Fire Code, 2021 Edition, entitled “Address Identification” as amended by Section 18-123(9) of the Buena Vista Municipal Code.” (Found in Sec�on 5 of Ordinance) Proposed changes to Sec�on 16.04.7.6.F.4 Comprehensive Sign Plan Review Procedures. Purpose: The Code states that once an applica�on is received, there are seven business days to provide no�ce to the adjacent property owners via a posted sign and no�fica�on delivery that includes a summary of the plans and also includes �me to respond. Seven days is imprac�cal given staff capacity and more importantly, the delivery issues the local Post Office has had the past several years. The recommenda�on is to change the comment period itself to seven days and allow the staff to priori�ze the scheduling of pos�ng the sign and providing no�ce similar to all other applica�ons. “ii. Notice. Following application submittal, the Town shall provide notice of the application to adjacent property owners (excluding public rights-of-way) summarizing the plan and notifying them of their right to comment on or object to the plan by filing such comments or objections with the Town Administrator within seven (7) business days of the date of notification the application is filed with the Town. Such notice shall be provided by: (a) Prominently and visibly posting notice on the property subject to the application; and (b) Delivering notice either by regular mail or personal delivery.” (Found in Sec�on 6 of Ordinance) Proposed changes to Sec. 17-71. - Deposits—Development/PUD review and processing fees. Purpose of Changes: There is no deposit collected for major and minor site plan review. These processes may require significant �me to review plans, irriga�on and water use, stormwater collec�on, parking, and so forth. All commercial and large mul�family developments require a site plan review. Without a deposit, there is no way to ensure a mechanism to collect funds to recoup legal, engineering, and planning costs. The proposed code changes specify that major and minor site plan need to pay a deposit. (a) Applicants for both major and minor site plan approval shall post a deposit toward the payment of review and processing fees at the time of application, and applicants for major development/ PUD approval shall post a deposit toward the payment of review and processing fees at the sketch plan, preliminary plat and final plat submittal stages equal to the following. Planning fee/hr. Engineering Fee/hr. Legal fee/hr. Sketch plan 10 hrs. 7 hrs. 1 hr. Preliminary Plat 10 hrs. 10 hrs. 3 hrs. Final Plat 10 hrs. 5 hrs. 5 hrs. Minor Site Plan 10 hrs. 10 hrs. 3 hrs. Major Site plan 10 hrs. 10 hrs. 3 hrs. A surveyor will be retained for final plat review, with a fee for three (3) hours required. (b) Applicants for minor development/PUD approval shall post a deposit toward the payment of review and processing fees at the time of application equal to the following. Planning fee/hr. Engineering Fee/hr. Legal fee/hr 5 hrs 2 hrs. 1 hr. (Found in Sec�on 7 of Ordinance) Proposed changes to Sec�on 16.02.2.8.2(C)(2). Measurements and Excep�ons. Projec�ons into Required Setbacks. Purpose of Changes: The Code currently states “fireproof” as a requirement for outside stairways and balconies to project into the required minimum setback. To provide greater clarity to the developer, staff propose to change this op�on to specify metal or concrete in order to build into the setback. C. 2. Open or enclosed fire escapes, fireproof metal or concrete outside stairways, and balconies may project into a required minimum setback by a maximum of three and one- half (3.5) feet. The Planning Director may approve a material other than metal or concrete for outside stairways provided the Planning Director determines that the material’s resistance to fire is equal to or greater than the metal or concrete that is adequate for the planned stairways. Under no circumstances shall stairways in a setback be constructed of wood. (Found in Sec�on 8 of Ordinance) Proposed changes to Sec�on 16.04.7.2. Applicability Purpose of Changes: Under “Applicability” there is an extraneous word, “the”. Sec. 4.7.2.C.3(b) – Banners. “b. Banners not meeting the any of the above may be permitted with a temporary sign permit pursuant to Section 4.7.5.C.1, with the required fee per the fee schedule.” (Found in Sec�on 9 of Ordinance) Proposed changes to Sec�on 11-118. Encroachments on public property-license required. Purpose of Changes: The process starts with the Planning Department, so the language should reflect this. (1) An application for an encroachment license shall be made on a form provided by the Town. Upon submission of a complete application, the Public Works Director Planning Department shall forward copies of the applications to all appropriate departments for review and comment. The application shall be accompanied by any applicable fee. (2) Upon approval by appropriate departments, the Public Works Director Planning Department shall prepare a license agreement to be signed first by the applicant and final signature by the applicable decision-maker.  TOWN OF BUENA VISTA, COLORADO ORDINANCE NO. ___ DRAFT (SERIES OF 2024) AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA AMENDING MULTIPLE SECTIONS OF CHAPTERS 11, 16 AND 17 OF THE BUENA VISTA MUNICIPAL CODE TO UPDATE AND CLARIFY UNIFIED DEVELOPMENT CODE PROVISIONS WHEREAS, the Board of Trustees desires to update and clarify certain provisions of the Town of Buena Vista Unified Development Code as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA, COLORADO, THAT: Section 1. Table 2.2 entitled “Summary of Residential District Dimensional Standards” in Article 16.02 of Chapter 16 of the Buena Vista Municipal Code is hereby amended as follows: The “Building coverage, max.” cell for “R-1 Old Town Overlay” is amended from “50%” to “60%”. The “Required landscaping, min.” cell for “R-1 Old Town Overlay” is amended from “20%” to “25%”. Section 2. A new subsection (4) is hereby added to Section 16.04.4.6(E) of the Buena Vista Municipal Code to read as follows: “Slab lumber is a prohibited fencing and screening material. For purposes of this provision, slab lumber means a relatively flat piece of wood cut from a tree with irregular edges and sometimes with bark left on that displays the natural insides of a tree. Slab lumber is commonly referred to as ‘live edge lumber’.” Section 3. The definition of “Live-work” in Section 16.07.7.2 of the Buena Vista Municipal Code is hereby amended to read as follows: “Live-work. A dwelling unit(s) that accompanies a nonresidential structure for the purpose of housing the owner or staff of the business occupying the nonresidential space.” Section 4. A new subsection (c) is hereby added to Section 16.03.3.3.4 of the Buena Vista Municipal Code to read as follows: “An ADU must have a unique address as required by Section 505.1 of the International Fire Code, 2021 Edition, entitled “Address Identification” as amended by Section 18-123(9) of the Buena Vista Municipal Code.” Section 5. Section 16.04.4.7.6.F.4.a.ii of the Buena Vista Municipal Code is hereby amended to read as follows: Notice. Following application submittal, the Town shall provide notice of the application to adjacent property owners (excluding public rights-of-way) summarizing the plan and notifying them of their right to comment on or object to the plan by filing such comments or objections with the Town Administrator within  seven (7) business days of the date of notification. Such notice shall be provided by: (a) Prominently and visibly posting notice on the property subject to the application; and (b) Delivering notice either by regular mail or personal delivery. Section 6. Sections 17-71(a) and 17-71(b) of the Buena Vista Municipal Code are hereby amended to read as follow: (a) Applicants for both major and minor site plan approval shall post a deposit toward the payment of review and processing fees at the time of application, and applicants for major development/ PUD approval shall post a deposit toward the payment of review and processing fees at the sketch plan, preliminary plat and final plat submittal stages equal to the following: Planning Engineering Legal fee/hr. Fee/hr. fee/hr. Sketch plan 10 hrs. 7 hrs. 1 hr. Preliminary 10 hrs. 10 hrs. 3 hrs. Plat Final Plat 10 hrs. 5 hrs. 5 hrs. Minor Site 10 hrs. 10 hrs. 3 hrs. Plan Major Site 10 hrs. 10 hrs. 3 hrs. plan A surveyor will be retained for final plat review, with a fee for three (3) hours required. (b) Applicants for minor development/PUD approval shall post a deposit toward the payment of review and processing fees at the time of application equal to the following: 2  Planning fee/hr. Engineering Fee/hr. Legal fee/hr 5 hrs 2 hrs. 1 hr. Section 7. Section 16.02.2.8.2(C)(2) of the Buena Vista Municipal Code is hereby amended to read as follows: Open or enclosed fire escapes, metal or concrete outside stairways, and balconies may project into a required minimum setback by a maximum of three and one-half (3.5) feet. The Planning Director may approve a material other than metal or concrete for outside stairways provided the Planning Director determines that the material’s resistance to fire is equal to or greater than the metal or concrete that is adequate for the planned stairways. Under no circumstances shall stairways in a setback be constructed of wood. Section 8. Section 16.02 of the Buena Vista Municipal Code is hereby amended to read as follows: “Banners not meeting any of the above may be permitted with a temporary sign permit pursuant to Section 4.7.5.C.1, with the required fee per the fee schedule.” Section 9. References to “Public Works Director” in Section 11-118 of the Buena Vista Municipal Code are hereby amended to “Planning Director”. Section 10. 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 11. 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. THIS ORDINANCE SHALL BECOME EFFECTIVE THIRTY (30) DAYS FROM PUBLICATION. TOWN OF BUENA VISTA, COLORADO By: ________________________________ Libby Fay, Mayor ATTEST: 3 _________________________________ Paula Barnett, Town Clerk (SEAL) 4  DATE: November 6, 2024 TO: Planning and Zoning Commission FROM: Joel Benson, Planning Director RE: Public Hearing: An ordinance of the Board of Trustees of the Town of Buena Vista amending Section 16.05.5.3.6 of the Municipal Code concerning water dedications BACKGROUND The water dedica�on language outlines in which instances a project would pay cash-in-lieu for water dedica�on and when the Town would obligate water to such a project. The original language has created some confusion about applicability and in which situa�ons. There is no change in policy that would lead to any different decision-making about when dedica�on is paid; the proposed language simply clarifies. The criteria cited in the Municipal Code that are used to evaluate changes to the Unified Development Code (UDC) are as follows: UDC Amendment Approval Criteria. A UDC amendment is a legislative decision by the Board of Trustees. Prior to recommending approval or approving a proposed UDC amendment, the Planning and Zoning Commission and the Board of Trustees shall consider whether and to what extent the proposed amendment: i. Is consistent with the Comprehensive Plan; ii. Does not conflict with other provisions of the UDC or Town Code; iii. Is necessary to address a demonstrated community need; iv. Is necessary to respond to changing policy or conditions; v. Is consistent with the purpose and intent of the zoning districts in the UDC, would improve compatibility among land uses, or would result in an orderly and logical development pattern; and vi. Would not result in significantly adverse impacts to the natural environment, including air quality, water quality, wildlife, vegetation, and other natural features of the Town. Staff find that all criteria are met for each of the proposed changes. In par�cular, it has taken a couple of years and discussion on various types of projects to discover the need to clarify language. The community need and changing condi�ons via more complicated development proposals demonstrate the need to amend the code language. PLANNING AND ZONING COMMISSION ACTION Should the Commission agree with the findings of staff and with the proposed code amendments, the Commission should move to recommend approval, Approval with Amendments or Denial of the proposed ordinance. The Commission may also vote to con�nue the hearing, preferably to date certain. PROPOSED CHANGES (Found in Sec�on 1 of the proposed ordinance). Sec�on 16.05.5.3.6(C)(5) Calcula�on of Water Dedica�ons for Residen�al Site Plans or Building Permits Purpose: This code amendment clarifies that a residence pays only the difference between meter size, should fixture count determine such an increase. It could have been inferred from the original language that an increase in meter could be charged an addi�onal charge that discounted the water already dedicated. Paragraph 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 a residential building permit that involves a change in use or an 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 three-quarter inch (3/4”) the meter serving the subject property to be larger than the existing meter serving the subject property. The water that must be dedicated shall be the amount necessary to serve the additional demand resulting from the change in use or the alteration. The fee-in-lieu shall be the difference between the fee- in-lieu listed in the Town’s fee schedule for the existing meter and the new meter. (Found in Sec�on 2 of the proposed ordinance). Sec�on 16.05.5.3.6(C)(6) Calcula�on of Water Dedica�ons for Non-Residen�al and Mixed-Use Site Plans or Building Permits Purpose: This code amendment clarifies that nonresiden�al and mixed use will pay according to the fee schedule, which allows for an increase from ¾ to 1 to pay according to the difference in meter size but when the project requires a larger meter, the developer pays according to acre- foot demand. Without this provision, a project that may barely require a 2” meter pays the full amount no mater the actual use and the Town must obligate a full 2” meter worth of water, reducing the available t the rest of the system. Paragraph 6: Non-Residential and Mixed Use Site Plans or Building Permits. Upon receipt of an applica�on for a nonresiden�al site plan or building permit, Town staff shall determine the size and number of taps for the nonresiden�al component of the development necessary to serve the development as proposed by the site plan or building permit. Upon receipt of an applica�on 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 nonresiden�al component of the development. For these uses, one three-quarter inch (¾") tap shall be equivalent to one (1) single family dwelling unit. For non-residen�al or mixed use building permits that involve a change in use or altera�on to an exis�ng building, the owner shall only be required to dedicate water or pay a fee in lieu if the fixtures subject to the building permit applica�on require a meter size larger than three-quarter inch (3/4”) that requires a change in meter from 3/4” to 1”, the water that must be dedicated shall be the amount necessary to serve the addi�onal demand resul�ng from the change in use or the altera�on, and the fee-in-lieu shall be the difference between the fee-in-lieu listed in the Town’s fee schedule for the exis�ng meter and the new meter. For non-residen�al or mixed use building permits that involve a change in use or altera�on to an exis�ng building that require a meter larger than 1” the water that must be dedicated shall be the amount necessary to serve the addi�onal demand resul�ng from the change in use or the altera�on, and the fee-in-lieu shall be per-acre-foot of new water demand as set forth in the Town’s fee schedule.  TOWN OF BUENA VISTA, COLORADO DRAFT ORDINANCE NO. ___ (SERIES OF 2024) AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA AMENDING SECTION 16.05.5.3.6 OF THE BUENA VISTA MUNICIPAL CODE CONCERNING WATER DEDICATIONS WHEREAS, the Board of Trustees desires to update and clarify what system impact development fees and water dedications or fees-in-lieu are required when property that is already connected to the Town’s water system is redeveloped (which includes changes in use and alterations of existing buildings) in a manner that increases the water demand for the subject property; and WHEREAS, the Board of Trustees desires that when property is redeveloped in a manner that increases water demand by any amount, the property owner shall either dedicate sufficient water to serve the increased water demand or pay a fee-in-lieu in an amount based on the increased water demand, which shall be established by the Board of Trustees and set forth in the Town’s fee schedule. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF BUENA VISTA, COLORADO, THAT: Section 1. Section 16.05.5.3.6(C)(5) of the Buena Vista Municipal Code is hereby amended to read as follows: 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 a residential building permit that involves a change in use or an 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 the meter serving the subject property to be larger than the existing meter serving the subject property. The water that must be dedicated shall be the amount necessary to serve the additional demand resulting from the change in use or the alteration. The fee-in-lieu shall be the difference between the fee-in-lieu listed in the Town’s fee schedule for the existing meter and the new meter. Section 2. Section 16.05.5.3.6(C)(6) of the Buena Vista Municipal Code is hereby amended to read as follows: 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. 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 (¾") tap shall be equivalent to one (1) single family dwelling unit. For non-residential or mixed use building permits that involve a change in use or alteration to an existing building that requires a change in meter from 3/4” to 1”, the water that must be dedicated shall be the amount necessary to serve the additional demand resulting from the change in use or the alteration, and the fee-in-lieu shall be the difference between the fee-in-lieu listed in the Town’s fee schedule for the existing meter and the new meter. For non-residential or mixed use building permits that involve a change in use or alteration to an existing building that require a meter larger than 1” the water that must be dedicated shall be the amount necessary to serve the additional demand resulting from the change in use or the alteration, and the fee- in-lieu shall be per-acre-foot of new water demand as set forth in the Town’s fee schedule. Section 3. Section 16.05.5.3.6(F)(4) of the Buena Vista Municipal Code is hereby amended to read as follows: “Reserved.” Section 4. Severability. If any article, section, paragraph, sentence, clause, or phrase of this Ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Board of Trustees hereby declares that it would have passed this Ordinance and each part or parts hereof irrespective of the fact that any part or parts be declared unconstitutional or invalid. Section 5. Safety. This ordinance is deemed necessary for the protection of the health, welfare and safety of the community. INTRODUCED, READ, ADOPTED AND ORDERED PUBLISHED this _______ day of ____________________, 2024. THIS ORDINANCE SHALL BECOME EFFECTIVE THIRTY (30) DAYS FROM PUBLICATION. TOWN OF BUENA VISTA, COLORADO By: ________________________________ Libby Fay, Mayor ATTEST: _________________________________ Paula Barnett, Town Clerk (SEAL) 2