Subdivision applications moratorium extension gets Rico Trustees' first reading approval


Short-term rental revisions discussed, first vote delayed until December 4

· VCUP,Short Term Rental,Subdivisions,Trustees Meeting,Water System
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VCUP . . Short Term Rental . . Subdivisions . . Trustees Meeting . . Water System


Rico Board of Trustees Meeting
November 15, 2023


above photo
Expectation Mountain
Rico, Colorado
November 20, 2023


In this report

  1. Subdivision applications temporary moratorium
  2. Future impact fee may pay for water system improvements
  3. Short Term Rental proposed revisions ordinance - first reading
  4. VCUP update


1) Subdivision applications temporary moratorium

Trustees approved the first reading of Ordinance 2023-07, a proposal to extend the existing moratorium which prohibits Town of Rico from accepting new applications for subdivision and planned unit developments, through June 30, 2024. Town of Rico authorized the original 6-month moratorium at the December 21, 2022 Board of Trustees meeting, and extended it for another 6 months at the June 21, 2023 meeting.


December 21, 2022 Temporary moratorium on acceptance of new applications for major and minor subdivisions and for Residential or Commercial Planned Unit Developments through June 30, 2023. Purpose:  prevent increase of water demand while Town reviews alternatives for water system improvements and water supply capacity increases. Ordinance No. 2022-13.

June 21, 2023  Moratorium extended through December 30, 2023. Purpose: continue evaluating water system improvement and funding alternatives for increasing the water availability to meet the demands of future growth and development.



2) Future impact fee may help pay for water system improvements

The 2023 new subdivision applications moratorium allowed Town of Rico to develop an "impact fee" for water consumers and developments connecting to the Town water system. Upgrades and improvements may be needed to increase Town's water system capacity to supply new housing developments. One such upgrade is the idle Silver Creek intake.

excerpts from proposed
Ordinance 2023-07
(underlines added)

Town has completed an impact fee study to determine the impact fees amounts that will provide partial funding for water system improvements, the preliminary engineering report has been submitted to the State revolving fund as necessary to qualify for funding in 2024, and the pre-qualification application necessary to access additional funding for improvement of the Silver Creek system is in process.

Town is currently mapping the water system and preparing an asset management plan to preserve, protect and enhance the portions of the water system that are currently in use including, without limitation, installation of an automatic meter reading system to track daily water use and flag leaks to help decrease system wide water usage.

An extension of the moratorium is required to preserve the status quo as the Town continues efforts to secure funding for necessary water system improvements, and to obtain bids for design and construction of the water system improvements.

. . .

Rico Ore Cart - June 25, 2023
6. Subdivision applications temporary moratorium - second reading
10. “A-lot of water projects percolating”



3) Short Term Rental proposed revisions ordinance - first reading

Trustees considered proposed amendments to Short Term Rental restriction and licensing requirements defined in the Rico Land Use Code (RLUC). Rico Planning Commission reviewed the proposals at its November 8, 2023 meeting.

Following concerns raised during public input portion of the discussion, Trustees voted to “continue” the short-term rental ordinance first reading vote until a special December 4, 2023 Board of Trustees meeting.


Summary of RLUC Short Term Rental proposed amendments

  1. Reduce license application fees.
  2. Eliminate lottery drawing for STR licenses when the number of applicants exceeds the number of allowed licenses in a Town quadrant.
  3. Create a wait-list for applicants not granted a license if the number of applicants exceeds the number of allowed licenses in a Town quadrant.
  4. Prioritize awards of new short-term rental licenses in a Town quadrant based on application date so the applicant longest on the wait-list receives the next available license.
  5. Applicant will remain on the wait list until a license is issued to the applicant, or the applicant is otherwise removed from the wait list, whichever occurs first
  6. Applicant’s first license term will begin on the date approval date, and end December 31 of the same year.
  7. License renewal period for one calendar year, January 1 to December 31.

. . .


4) VCUP update

Town Manager Chauncey McCarthy and attorney Tom Bloomfield reported on the status of the Voluntary lead-soils Clean-Up (“VCUP”) program:

  • Town Manager discussed with Atlantic Richfield earlier in the day regarding a storm water grant, and the Columbia tailings site with engineers.
  • Laboratory results from road surface samples are expected in a few weeks.
  • A funding agreement “red-lined” version will be ready for board to consider soon.

Rico Board of Trustees will review the proposed VCUP funding agreement in an executive session meeting December 4, 2023.