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HomeMy WebLinkAboutR01-068 amending LUR"s 4-700 and 4-710Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 06R IN THE MATTER OF AMENDING THE EAGLE COUNTY LAND USE REGULATIONS AS AMENDED TO ADOPT A REVISED SECTION 4-700 AND TO ADOPT A NEW SECTION 4 -710 WHEREAS, the Board of County Commissioners of Eagle County, State of Colorado (hereinafter the "Board "), is authorized, pursuant to state enabling legislation including, but not limited to, § 30 -28 -101, et seq., C.R.S., to plan for and regulate the use and development of land in the unincorporated territory of the County of Eagle, State of Colorado, for the purpose of promoting the health, safety, convenience, order, prosperity, and welfare of the present and future inhabitants of the County of Eagle; and WHEREAS, pursuant thereto, and pursuant to the provisions of §§ 30 -28 -113 and 133, C.R.S., the Board has adopted zoning and subdivision regulations; and WHEREAS, pursuant to Resolution No. 82 -26, the County's zoning, subdivision, building, individual sewage disposal system, areas and activities of state interest and road right -of -way regulations have been incorporated into one comprehensive document entitled "Eagle County Land Use Regulations" (hereinafter the "L.U.R. "); and WHEREAS, pursuant to the provisions of §§ 30 -28 -116 and 30 -28 -133, C.R.S., and Section 1.15 of Chapter I of the L.U.R., the Board may amend its land use regulations by resolution; and WHEREAS, pursuant to Section 1. 15, the proposed amendment was (a) referred to appropriate referral agencies for an advisory opinion, and (b), the Department of Community Development made a recommendation to the Eagle County Planning Commission and to the Roaring Fork Valley Regional Planning Commission, to the city clerks of the municipalities within Eagle County, to the Division of Planning of the Department of Local Affairs and to the Land Use Commission; and WHEREAS, the Eagle County Planning Commission and the Roaring Fork Valley 757236 Page: �.6e,. Sara J Fisher Eagle, _C0 370 R 0.00 D 0.00 U11 C Regional Planning Commission held public hearings pursuant to advertised notice on the proposed amendments on January 17 January 18'', January 31�, February 8` February 21', and March 8th, 2001, and made a recommendation to the Board; and WHEREAS, public hearings were held by the Board pursuant to advertised notice on the proposed amendments on March 20'', April 24'', and May 8 2001; and WHEREAS, the proposed amendment was available for public inspection in the Department of Community development for thirty days before hearing by the Board; and WHEREAS, the Board desires to revise Section 4 -700 of the L.U.R. and to adopt a new Section 4 -710 to the L.U.R.; and WHEREAS, it is the Board's opinion that conditions require this action; and WHEREAS, copies of the proposed amended Section 4 -700 and new Section 4 -710 of the L.U.R. are attached hereto, marked as Exhibits "I" and "H" and incorporated herein by this reference; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, pursuant to the authority granted to it by law and Section 1.15 of the L.U.R., the Board of County Commissioners adopts the amendments to Section 4 -700 of the Eagle County Land Use Regulations as set forth in Exhibit "I" attached hereto, effective on May 15 2001. THAT, pursuant to the authority granted to it by law and Section 1.15 of the L.U.R., the Board of County Commissioners adopts the new Section 4 -710 of the Eagle County Land Use Regulations as set forth in Exhibit "II" attached hereto, effective on May 15 2001. THAT, through May 15' 2001, Section 4 -700 of the Eagle County Land Use Regulations as existing as of this date shall remain in full force and effect. THAT, this Resolution is necessary for the public health, safety, and welfare of the County of Eagle, State of Colorado. THAT, this Resolution shall be recorded in the records of the Eagle County Clerk and Recorder. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the day of , 2001. 2 ATTEST: Clerk to the Board'of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO By and Through Its BOARD OF COUNTY COMMISSIONERS Tom C. 9tone, Chairman ,26"du Michael L. Gallagher Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Stone Cul Commissioner Gallagher o r -- Commissioner Menconi ,1p The Resolution passed by �) — Q vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 3 Commissioner IWAIll SECTION 4 -700 SCHOOL LAND DEDICATION STANDARDS A. Formulas. Pursuant to Section 30- 28- 133(4)(a), C.R.S., 1973, as amended, the subdivider of land in each residential subdivision or portion of a subdivision intended for residential use shall allocate and convey sites and land areas for schools, when such are reasonably necessary to serve the proposed subdivision and the future residents-thereof, as determined by Eagle County, based upon the School District's long range capital plan and evidence of the impact of the subdivision on the District, by applying the formulas set forth herein. 1. Single - Family Units. Number of units x 0.0151 = dedication requirement in acres. 2. Duplex and Multi- Family Units, excluding Townhouse Units. Number of units x 0.0025 = dedication requirement in acres. 3. Townhouse Units, Defined as Multi- Family Units Where Each Unit is Located on a Separate Platted Lot. Number of units x 0.0054 = dedication requirement in acres. 4. Mobile Home Units. Number of units x 0.0151 = dedication requirement in acres. B. Land Shall Be Usable. When land is dedicated for the purpose of providing a school site, it shall be that which is usable by the respective School District for such purpose, as determined by Eagle County, and shall be maintained by the School District in a reasonable manner until developed. Said land shall be held by the County for the School District until required by the School District. In the event that the School District determines subsequent to dedication that such school site is not reasonably necessary, the Board may, at the request of the School District, sell such land. C. Cash -in -Lieu of Land Dedication. When sites and land areas for schools are not reasonably necessary to serve the proposed subdivision and the future residents thereof, the Board, with recommendations from the School District and other affected entities, shall require, in lieu of such conveyance of land, the payment in cash by the subdivider of an amount not to exceed the fair market value of such sites and land area for schools. Fair 4 C L market value shall mean the current market value of unimproved land. This value shall be set annually for each of several appraisal districts within the county by the Board of County Commissioners on an acre basis with recommendations from the School District. 1. Report By Appraiser. If a subdivider does not agree with the value per acre, such subdivider can submit a report by a qualified appraiser, who is a member of The Appraisal Institute (M.A.I.), that establishes a new value. The Board of County Commissioners shall review such report and determine the value of such land. 2. Money Shall Be Held By the Board. When money in lieu of land is required or when monies have been paid to the Board from the sale of such dedicated sites for schools, it shall be held by the Board for the acquisition of reasonably necessary sites for the construction of school facilities or employee housing, for the purchase of employee housing units for the School District or for the development of said sites. If housing units are purchased, a deed restriction restricting their use to School District employee housing shall be required and ownership shall remain in the name of the School District. C. Dedication Requirements Shall Apply Only Once. School land dedication requirements shall apply only once to the same land area. Dedications shall not be required of re- subdivisions of the same land when a dedication has previously been made. E. Dedication Shall Occur at Final Plat. The actual dedication or payment shall occur at the Final Plat stage. 0 1 SECTION 4 -710 ROAD IMPACT FEES A. Short Title, Authority, and Application 1. Title. This Regulation shall be known and may be cited as the "Road Impact Fee Regulation." 2. Authority. The Board of County Commissioners has the authority to adopt this Regulation pursuant to the Colorado Constitution and §§ 29- 20- 101 -107, 30 -28 -106, 30 -28 -133, C.R.S. and all other relevant laws of the State of Colorado. 3. Application. This Regulation shall apply to all lands within unincorporated Eagle County and, pursuant to intergovernmental agreements, all other lands within the county lying within the boundaries of Participating Municipalities. B. Intent and Purpose. 1. Intent. This Regulation is intended to implement and be consistent with the Transportation Plan, Road Capital Improvement Plan (CIP), Road Impact Fee Study, the Eagle County Master Plan, and the master plans of Participating Municipalities. 2. Purpose. This purpose is accomplished in this Regulation by the establishment of a system for the imposition of road impact fees to assure that new development contributes its proportionate share of the cost of providing, and benefits from the provision of, Road Capital Improvements identified as needed to be built in the Road CIP. C. Level of Service (LOS) Standard. The Major Road System shall operate at Level of Service "C" (LOS C) or better on roadway segments, and intersections, both signalized and unsignalized, shall operate at Level of Service "D" (LOS D) or better during peak hours. D. Definitions. Certain words or phrases unique to this Section shall be construed as herein set out unless it is apparent from the context that they have a different meaning. 1. Building Permit means that building permit issued in accordance with the Eagle County Building Resolution before any building or construction activity can be initiated on a parcel of land. 2. Capacity means the maximum number of vehicles that have a reasonable expectation of passing over a given section of a road during an average week day at the desired Level of Service, expressed in terms of vehicles per day. 3. Existing Traffic- Generating Development means the most intense use of land within the twelve (12) months prior to the time of Commencement of Traffic- Generating Development. 4. Expansion of the capacity of a road includes any widening, intersection improvement, signalization or other capital improvement designed to increase the existing road's capacity to carry vehicles. 5. Fee payer means a person commencing Traffic - Generating Development who is obligated to pay a road impact fee in accordance with the terms of this Regulation. 6. Impact Fee Administrator means the County Administrator or County officials that the County Administrator may designate to administer the various provisions of this regulation. 7. Level of Service (LOS) means a qualitative measure describing operational conditions, from "A" (best) to 'T" (worst), within a traffic stream. 8. Major Road System means all major roads in Eagle County, including state and federal highways, identified in Exhibit "C," which is attached hereto and incorporated herein by reference. 9. Participating Municipalities means one or more municipalities within Eagle County that have entered into an intergovernmental agreement with the County to collect and administer road impact fees jointly with the County and any other participating municipalities. 10. Person means an individual, corporation, governmental agency or body, business trust, estate, trust, partnership, association, two (2) or more persons having a joint or common interest, or any other entity. 11. Road Capital Improvement includes the transportation planning, preliminary engineering, engineering design studies, land surveys, alignment studies, right -of -way acquisition, engineering, permitting, and construction of all necessary features for any eligible project on the Road CIP, undertaken to accommodate additional traffic resulting from new traffic- generating development, including but not limited to: (a) construction of new through lanes, (b) construction of new bridges, (c) construction of new drainage facilities in conjunction with new road construction, (d) purchase and installation of traffic signals, including new and 7 upgraded signalization, (e) construction of curbs, gutters, sidewalks, medians and shoulders, (f) relocating utilities to accommodate new road construction, (g) the construction and reconstruction of intersections, (h) the widening of existing roads, (i) bus turnouts, 0) acceleration and deceleration lanes, (k) interchanges, and (1) traffic control devices. Direct access improvements are not included in the definition of Road Capital Improvement. Direct access improvements include but are not limited to the following: (a) driveways and streets linking the development to the Major Road System; (b) right and left turn lanes leading to those driveways and streets; (c) traffic control measures for those driveways and street; and (d) those improvements required by the State Highway access code. 12. Road Capital Improvement Plan (Road CIP) means the list of improvements to the Major Roadway System needed to accommodate growth along with descriptions and cost estimates, which is attached to this Regulation as Exhibit IIB 11 13. Road Impact Fee Board means the body that serves as the appeal board for all decisions on independent fee calculations, credits, and refunds made by the Road Impact Fee Committee and that authorizes the expenditure of road impact fee funds. In the event that there are no Participating Municipalities, the Eagle County Board of County Commissioners shall serve as the Road Impact Fee Board. Otherwise, the Road Impact Fee Board shall consist of one elected official from Eagle County and each of the Participating Municipalities, who is appointed by a majority vote of the governing board of the Participating Municipality. Members of the Road Impact Fee Board may be removed by their governing bodies at any time, and shall cease to be members when their term of elective office expires. 14. Road Impact Fee Committee means the body responsible for administering independent fee calculation studies, credits, and refunds for the road impact fee program, recommending the expenditure of impact fee funds to the Road Impact Fee Board, preparing an annual report and initiating a periodic review of the impact fee program: The Road Impact Fee Committee shall consist of the public works director, engineer and planning director of Eagle County and any Participating Municipality. 15. Road Impact Fee Study means the Road Impact Fee and School Fee -In -Lieu Study for Eagle County Colorado, prepared by Duncan Associates in December 1999 as may be amended. 16. Transportation Plan means the document entitled Eagle County 2010 Road Capital Improvement Program, prepared by Leigh, Scott & Cleary and Transportation Planning Services on October 31, 1997, as may be amended. 0 17. Traffic- Generating Development means land development designed or intended to permit a use of the land that will contain or convert to more dwelling units or floor space than the most intensive use of the land within the twelve (12) months prior to the Commencement of Traffic- Generating Development in a manner that increases the generation of vehicular traffic. 18. Traffic- Generating Development, Commencement of, occurs upon the issuance of a building permit, on a lot or other parcel of land for which road impact fees have not previously been determined and paid. 19. Trip means a one -way movement of vehicular travel from an origin (one trip end) to a destination (the other trip end). 20. Trip Generation means the attraction or production of trips caused by a certain type of land development. E. Imposition of Fee. 1. Time of Fee Obligation and Payment. a. After the effective date of this Regulation, upon the Commencement of Traffic- Generating Development within unincorporated areas of the county, a road impact fee, pursuant to the terms of this Regulation, shall be imposed on each Lot (or other portion) of the development. The amount of the fee shall be determined and paid to the Impact Fee Administrator at the time of issuance of a building permit for the development. The obligation to pay the impact fee shall run with the land, and, therefore, the. unpaid obligation to pay fees passes with title for purposes of these regulations. No building permit will be issued until all fees due hereunder with respect to the Lot which is the subject of the building permit application have been paid in full. If any credits are due pursuant to Section 4- 710.11, Credits, they shall also be determined at that time. The fee shall be computed separately for the amount of construction activity covered by the permit, if the building permit is for less than the entire development. If the fee is imposed for a Traffic- Generating Development that increases traffic impact because of a change in use, the fee shall be determined by computing the difference in the fee schedule between the new Traffic- Generating Development and the existing Traffic- Generating Development. The obligation to pay the impact fee shall run with the land. b. Any person who prior to the effective date of this Regulation agreed as a G7 { J condition of development approval to pay a road impact fee, shall be responsible for the payment of the fee under the terms of any such agreement, and the payment of such fee by the developer will be offset against any impact fees due pursuant to the terms of this Regulation. C. The Board of County Commissioners or participating municipality may use any non - impact fee funds to pay the road impact fees, for any project that furthers adopted County or Community goals, objectives, and policies. 2. Exemptions. The following shall be exempt from the terms of this Regulation. An exemption must be claimed by the fee payer at the time of application for a building permit. a. Alterations, expansion, or replacement of an existing building where no additional dwelling units are created, the use is not changed, and no additional vehicular trips will be produced. b. The construction of accessory buildings or structures that will not produce additional vehicular trips over and above that produced by the principal building or use of the land. C. The replacement of a destroyed or partially destroyed building or structure with a new building or structure of the same size and use, provided that no additional trips will be produced over and above that produced by the original use of the land. d. Any development of a lot receiving final plat approval prior to the effective date of this regulation shall be exempt from the payment of road impact fees, unless a replat occurs that results in an increase in traffic. e. Private recreational facilities within a residential subdivision that are restricted for the use of residents and will not generate additional traffic. F. Administrative Calculation of Fee. Any person who causes the Commencement of Traffic- Generating Development, except those persons exempted or preparing an independent fee calculation study pursuant to Section 4- 710.G, Independent Fee Calculation Study, shall pay a road impact fee calculated by the Impact Fee Administrator in accordance with the following provisions. 1. Use Specified in Fee Schedule. If the type of Traffic- Generating Development for which a building permit is requested is specified on the fee schedule in Exhibit "A," which is attached to this Regulation and incorporated herein by reference, the Impact Fee Administrator will calculate the fee based on the fee schedule. The 10 descriptions of the land use codes in the 6' edition of the report titled Trip Generation prepared by the Institute of Transportation Engineers (ITE) shall be used to determine the appropriate land use type. 2. Use Not Specified in Fee Schedule. If the type of Traffic- Generating Development for which a building permit is requested is not specified on the fee schedule, the Impact Fee Administrator shall determine the fee in one of the following two ways. In determining the appropriate road impact fee under this subsection, the Administrator shall be guided by the data contained in the most current edition of the report titled Trip Generation prepared by the Institute of Transportation Engineers (ITE), articles or reports appearing in the ITE Journal, studies or reports done by the U.S. Department of Transportation or Colorado Department of Transportation, and other published information from similar sources. a. The Impact Fee Administrator shall determine the fee on the basis of the fee applicable to the most nearly comparable type of land use on the fee schedule, based on similar trip generation characteristics; or b. If the Impact Fee Administrator determines that there is published data that more accurately represents the likely trip generation of the proposed use than the most comparable land use in the fee schedule, the Administrator shall determine the fee using trip generation rates derived from published data, and applying the formula set forth in Section 4- 710.G.2, Independent Fee Calculation Study Formula. 3. Uses With Extraordinary Impacts. Notwithstanding the foregoing provisions, if the Impact Fee Administrator concludes that the nature, timing, or location of the proposed development make it likely to generate impacts costing substantially more to mitigate than the amount of the fee that would be generated by the use of the fee schedule or published data on trip generation, the Administrator may determine the fee according to an independent fee calculation study prepared pursuant to Section 4- 710.G. 4. Appeal of Administrative Calculation. a. A fee payer affected by the administrative calculation of a road impact fee may appeal such decision to the Road Impact Fee Board, by filing with the Road Impact Fee Administrator within ten (10) days of the date of the written decision, a written notice stating and specifying briefly the grounds of the appeal. The Impact Fee Administrator shall place the appeal on the Road Impact Fee Board's agenda for the next regularly scheduled meeting. 11 t b. The Road Impact Fee Board, after a hearing, shall have the power to affirm or reverse the decision of the Impact Fee Administrator. In making its decision, the Road Impact Fee Board shall make written findings of fact and conclusions of law, and apply the standards in this Section 4- 710.F, Administrative Calculation of Fee. If the Road Impact Fee Board reverses the decision of the Impact Fee Administrator, it shall direct the Administrator to recalculate the fee in accordance with its findings. In no case shall the Road Impact Fee Board have the authority to negotiate the amount of the fee or waive the fee. The decision of the Road Impact Fee Board shall be final. G. Independent Fee Calculation Study. 1. General. a. The impact fee may be computed by the use of an independent fee calculation study at the election of the fee payer. The impact fee may also be computed by the use of an independent fee calculation study upon the request of the Road Impact Fee Committee for any proposed Traffic- Generating Development interpreted as not one of those types listed on the fee schedule or as one that is not comparable to any land use on the fee schedule, or for any proposed Traffic- Generating Development for which the Road Impact Fee Committee concludes the nature, timing, or location of the proposed development make it likely to generate impacts costing substantially more to mitigate than the amount of the fee that would be generated by the use of the fee schedule. b. The preparation of the independent fee calculation study shall be the responsibility of the fee payer. C. Any person who requests to perform an independent fee calculation study shall pay an application fee for administrative costs associated with the review and decision on such independent fee calculation study. 2. Formula. The independent fee calculation study for the road impact fee shall be calculated by the use of the following formula: 12 Impact Fee = TRIPS x NETCOST/TRIP Where: TRIPS = TRIPRATE x % NEW NETCOST/TRI = COSTMUP - FUNDINGMUP P COST/TRIP = GROWTHCOST - NEWTRIPS FUNDING/TRI = FUNDING- EXISTTRIPS x PVF P GROWTHCOS = COST - DEFICIENCY - CDOT T Where: TRIPRATE = Average daily trip ends on a weekday (ADT) per unit of development (e.g., dwelling unit or 1,000 square feet) %NEW = % of ADT that are primary as opposed to passby or diverted -link trips COST = Total cost of growth- related improvements required to maintain LOS C over planning horizon DEFICIENCY = The cost of remedying existing level -of- service deficiencies CDOT = Anticipated state/federal project funding for growth- related improvements over the planning horizon NEWTRIPS = Projected increase in average of winter and summer average daily trip ends in Eagle County over the planning horizon FUNDING = Average annual historic expenditures by local governments in Eagle County on capacity- expanding road improvements, including debt service payments EXISTTRIPS = Average of winter and summer average daily trip ends in Eagle County generated by existing development PVF = Present value factor for converting an annual funding stream for the next 20 years (life of road facility) into equivalent lump sum payment based on a discount rate representing a typical rate of return on investment (e.g., 5.5 %) 3. Data Sources. The fee calculation shall be based on data, information, or assumptions contained in this Regulation or independent sources, provided that: a. The independent source is an accepted standard source of transportation engineering or planning data or information; or 13 C b. The independent source is a local study on trip characteristics carried out by a qualified traffic planner or engineer pursuant to an accepted methodology of transportation planning or engineering. 4. Procedure. a. An independent fee calculation study shall be undertaken through the submission of an application for an independent fee calculation. A potential Fee payer may submit such an application. The Road Impact Fee Committee shall submit such an application for any proposed Traffic- Generating Development interpreted as not one of those types listed on the fee schedule or as one that is not comparable to any land use on the fee schedule; and for any. proposed Traffic- Generating Development for which it is concluded the nature, timing, or location of the proposed development make it likely to generate impacts costing substantially more to mitigate than the amount of the fee that would be generated by the use of the fee schedule. b. Within ten (10). days of receipt of an application for independent fee calculation study, the Road Impact Fee Committee shall determine if the application is complete. If the Road Impact Fee Committee determines that the application is not complete, a written statement specifying the deficiencies shall be sent by mail to the person submitting the application. The application shall be deemed complete if no deficiencies are specified. The Road Impact Fee Committee shall take no further action on the application until it is deemed complete. C. When the Road Impact Fee Committee determines the application is complete, the application shall be reviewed and the Road Impact Fee Committee shall render a written decision in thirty (30) days on whether the fee should be modified, and if so, what the amount should be, based on the standards in this Section 4- 710.G, Independent Fee Calculation Study. 5. Standards. If on the basis of generally - recognized principles of impact analysis it is determined the data, information and assumptions used by the applicant to calculate the independent fee calculation study satisfies the requirements of this subsection, the fee determined in the independent fee calculation study shall be deemed the fee due and owing for the proposed Traffic- Generating Development. The adjustment shall be set forth in a Fee Agreement. If the independent fee calculation study fails to satisfy the requirements of this subsection, the fee applied shall be that fee established for the Traffic- Generating Development in Section 4 -7101, Administrative Calculation of Fee. 14 6. Appeal of Independent Fee Calculation Study Decision. a. A fee payer affected by the administrative decision of the Road Impact Fee Committee on an independent fee calculation study may appeal such decision to the Road Impact Fee Board, by filing with the Road Impact Fee Committee within ten (10) days of the date of the written decision, a written notice stating and specifying briefly the grounds of the appeal. The Road Impact Fee Committee shall place the appeal on the Road Impact Fee Board's agenda for the next regularly scheduled meeting. _ . b. The Road Impact Fee Board, after a hearing, shall have the power to affirm or reverse the decision of the Road Impact Fee Committee. In making its decision, the Road Impact Fee Board shall make written findings of fact and conclusions of law, and apply the standards in this Section 4- 710.G, Independent Fee Calculation Study. If the Road Impact Fee Board reverses the decision of the Road Impact Fee Committee, it shall direct the Committee to recalculate the fee in accordance with its findings. In no case shall the Road Impact Fee Board have the authority to negotiate the amount of the fee or waive the fee. The decision of the Road Impact Fee Board shall be final. H. Credits. 1. General Standards. a. Any person causing the Commencement of a Traffic- Generating Development may apply for credit against road impact fees otherwise due, up to but not exceeding the full obligation for impact fees proposed to be paid pursuant to the provisions of this Regulation, for any contributions, construction, or dedication of land accepted or received by Eagle County or a Participating Municipality for Road Capital Improvements. b. Credits for contributions, construction or dedication of land for Road Capital Improvements shall be transferable within the same development, but shall only be used to offset road impact fees for the same development. C. Credit shall be in an amount equal to fair market value of the land dedicated for right -of -way at the time of dedication, the fair market value of the construction at the time of its completion, or the value of the contribution or payment at the time it is made for construction of a Road Capital Improvement. d. The credit shall not exceed the amount of the impact fees due and payable 15 r C1 11 for the proposed Traffic- Generating Development, except pursuant to Section 4- 710.H.2, Capital .Contribution Front - Ending Agreement. 2. Capital Contribution Front - Ending Agreement. Eagle County may enter into a Capital Contribution Front - Ending Agreement with any person causing the Commencement of a Traffic - Generating Development who proposes to construct Road Capital Improvements. To the extent that the fair market value of the construction of these Road Capital Improvements exceeds the obligation to pay impact fees for which a credit is provided pursuant to this Section 4- 710.H.1, Credits General Standards, the Capital Contribution Front - Ending Agreement may provide proportionate and fair share reimbursement. 3. Pre - Impact Fee Credits. The following provisions apply to credits for Road Capital Improvements completed prior to the effective date of this Regulation. a. Application shall be made, on forms provided by the Impact Fee Administrator, within two (2) years after the effective date of this Regulation. b. In the event that the development for which the credits are claimed is partially completed, the amount of the credits shall be reduced by the amount of the road impact fees that would have been charged for the completed portion of the development had this Regulation been in effect at 100 percent of the fees in Exhibit "A." C. In the event that the development project has been fully completed, no credits shall be issued. d. The value of the credits will be the fair market value of the land or construction at the time the dedication or construction was made, or the face value of the amount of any cash payment. e. If the amount of the road impact fees that would be due for the entire development project for which the Road Capital Improvement was made is known with certainty, the credit will be expressed as a percent reduction and all road impact fees charged on the remaining building permits issued within the development will be reduced by that percentage. If the amount of the road impact fees that would be due for the entire development project for which the Road Capital Improvement was made is not known with certainty, the credit will be applied against the full amount of the fee that would be due for each building permit issued on a first come, first served basis until the amount of the credit has been exhausted. For example, suppose a credit of $75,000 applies to a 100 -lot single - family 16 G 0 subdivision, on which 50 houses have been built prior to the effective date of the impact fees. Suppose that the current road impact fee rate is $1,000 per single - family unit. The first step is to deduct the amount that would have been owed for the units already built, which is $50,000, leaving a net credit amount of $25,000 to be applied to the remaining units. The credit is 50 percent of the amount due for the remaining units, so all fees for this development are reduced by this percentage. On the other hand, if one of the remaining lots was a multi - family lot and the total fees due from the remaining development could not be determined, then up to the full amount of the fees would be credited as building permits are applied for until the credit is exhausted. f. The application for a Credit Agreement shall include the following information: (1) If the proposed application involves a credit for any cash contribution, the applicant shall provide a certified copy of the development approval in which the contribution was agreed and proof of payment. (2) If the proposed application involves credit for the dedication of land, the applicant shall provide a drawing and legal description of the land; the appraised fair market value of the land at the date of dedication, prepared by a professional Real Estate Appraiser who is a member of the Member Appraisal Institute (MAI) or who is a member of Senior Residential Appraisers (SRA); and if applicable, a certified copy of the development permit in which the land was agreed to be dedicated. (3) If the proposed application involves credit for construction, the applicant shall provide a certified copy of the development permit in which the improvement was agreed to be constructed and evidence of the actual cost of improvement, which may include the cost of construction or reconstruction, the cost of all labor and materials, the cost of all lands, property, rights, easements and franchises acquired, financing charges, construction costs of plans and specifications, surveys, costs of professional services, and all other expenses necessary or incident to determining the feasibility or practicability of such construction or reconstruction. 4. Post - Impact Fee Credits. The following provisions apply to credits for Road Capital Improvements completed after the effective date of this Regulation. 17 1 B' a. The determination of any credit shall be undertaken through the submission of an Application for Credit Agreement, which shall be submitted to the Road Impact Fee Committee. b. The application for a Credit Agreement shall include the following information: (1) If the proposed application involves a credit for any cash contribution, the applicant shall provide a certified copy of the development approval in which the contribution was agreed; proof of payment, if payment has been made; or the proposed method of payment, if payment has not been made. (2) If the proposed application involves credit for the dedication of land, the applicant shall provide a drawing and legal description of the land; the appraised fair market value of the land at the date a building permit is proposed to be issued for the Traffic- Generating Development, prepared by a professional Real Estate Appraiser who is a member of the Member Appraisal Institute (MAI) or who is a member of Senior Residential Appraisers (SRA), and if applicable, a certified copy of the development permit in which the land was agreed to be dedicated. (3) If the proposed application involves credit for construction, the applicant shall provide the proposed plan of the specific construction prepared and certified by a duly qualified and licensed Colorado engineer or contractor; the projected costs for the suggested improvement, which shall be based on local information for similar improvements, along with the construction timetable for the completion thereof. Such estimated cost shall include the cost of construction or reconstruction, the cost of all labor and materials, the cost of all lands, property, rights, easements and franchises acquired, financing charges, construction costs of plans and specifications, surveys, costs of professional services, and all other expenses necessary or incident to determining the feasibility or practicability of such construction or reconstruction. 5. Procedure for Review of Credit Applications. a. Within ten (10) days of receipt of the proposed Application for Credit Agreement, the Road Impact Fee Committee shall determine if the application is complete. If it is determined that the proposed Agreement is not complete, the Road Impact Fee Committee shall send a written 18 ( C statement to the applicant outlining the deficiencies. The Road Impact Fee Committee shall take no further action on the proposed Application for Credit Agreement until all deficiencies have been corrected or otherwise settled. b. Once the Road Impact Fee Committee determines the proposed Application for Credit Agreement is complete, it shall be reviewed within thirty (30) days. The Application for Credit Agreement shall be approved if it complies with the standards in this Section 4- 710.H, Credits. C. If the Application for Credit Agreement is approved by the Road Impact Fee Committee, a Credit Agreement shall be prepared and signed by the applicant and Eagle County or the Participating Municipality where the land for which the credit is sought is located. (1) Agreements for pre- impact fee credits shall state the dollar credit that is applicable to the development and the manner in which the credit will be applied to new building permits within the development. (2) Agreements for post- impact fee credits shall specifically outline the contribution, payment, construction or land dedication, the time by which it shall be completed, dedicated, or paid, and any extensions thereof, and the dollar credit that will be available and the manner in which the credit will be applied to new building permits within the development. 6. Appeal of Credit Decision. A fee payer affected by the decision of the Road Impact Fee Committee regarding credits may appeal such decision to the Road Impact Fee Board by filing with the Road Impact Fee Committee, within ten (10) days of the date of the written decision, a written notice stating and specifying briefly the grounds of the appeal. The Road Impact Fee Committee shall place such appeal on the Road Impact Fee Board's agenda for the next regularly scheduled meeting. The Road Impact Fee Board, after a hearing, shall affirm or reverse the decision of the Road Impact Fee Committee based on the standards of this Section 4- 7101L Credits. If the Road Impact Fee Board reverses the decision, it shall direct the Road Impact Fee Committee to readjust the credit in accordance with its findings. The decision of the Road Impact Fee Board shall be final. I. Benefit Areas. 19 G l 1. Establishment. For the purpose of further ensuring fee payers receive sufficient benefit for fees paid, two Benefit Areas are established in the county. The Benefit Areas are shown in Exhibit "D ", which is attached hereto and incorporated herein by reference. 2. Expenditure. Impact fee funds shall be spent within the Benefit Area within. which the Traffic- Generating Development paying the fee is located, except that where a road on the Road System is used to define Benefit Area boundaries, the road demarcating the boundary shall be considered as part of both Benefit Areas that it bounds, and impact fees from both Benefit Areas may be used to fund capital improvements for that road. The expenditure of impact fee funds shall be limited to those Road Capital Improvement projects included in the Road CIP. For projects that are wholly or partially needed to address existing deficiencies, only the eligible portion of the cost shall be funded with impact fee revenues, as identified in Exhibit "B." 3. Establishment of Trust Fund. a. Eagle County hereby establishes the Road Impact Fee Trust Fund for the purpose of ensuring that fee payers receive sufficient benefit for road impact fees paid. b. Each Participating Municipality also establishes a trust fund in their Regulations into which road impact fees collected within their jurisdiction shall be placed until transfer to the Impact Fee Administrator pursuant to this Regulation and the intergovernmental agreement with respect thereto, and placement into the Road Impact Fee Trust Fund. 4. Deposit in Trust Fund /General Requirements for Trust Fund. a. All road impact fees collected by the Impact Fee Administrator shall be immediately deposited into the Trust Fund. b. All road impact fees collected by a Participating Municipality shall be immediately deposited into that Participating Municipality's Trust Fund. C. All refunds of Trust Fund monies received from CDOT or other agency shall be immediately deposited into the Trust Fund. d. All proceeds shall be invested in an interest- bearing account. All income derived from these investments shall be retained in the trust fund until transferred or spent, whichever is appropriate. Record of each trust fund account shall be available for public inspection. 20 e. Quarterly, and pursuant to the intergovernmental agreements, the Participating Municipalities shall transfer the impact fee funds in their Trust Funds to the Impact Fee Administrator for deposit in the County's Trust Fund. All proceeds in the Trust Fund not immediately necessary for expenditure shall be invested in an interest bearing account. All income derived from these investments shall be retained in the trust fund. Record of the Trust Fund shall be available for public inspection in the Impact Fee Administrator's office, during normal business hours. 5. Timing of Expenditures. For the purposes of determining whether impact fee funds have been spent or encumbered, the first fees collected shall be considered the first monies spent or encumbered. 6. Annual Recommendation for Expenditure of Fees. Each year, at the time the annual County budget is reviewed, the Road Impact Fee Committee shall recommend appropriations to be spent from the Trust Fund to the Road Impact Fee Board. After review of the recommendation, the Road Impact Fee Board shall approve or modify the recommended expenditures of the trust fund monies. Expenditures shall be made from the Trust Fund only for those Road Capital Improvement projects on the Road CIP, or preparing updates to the CIP, updates to the Transportation Plan, or supporting studies. Any amounts not appropriated from the Trust Fund together with any interest earnings shall be carried over to the following fiscal period. 7. Annual Report on Expenditures. Each year, after the decision of the Road Impact Fee Board about the expenditure of impact fee appropriations, the Road Impact Fee Committee shall prepare an annual report to the County and Participating Municipalities identifying the projects for which the Road Impact Fee Board has approved funds. J. Refunds. 1. General. Any fees collected shall be returned to the fee payer or the fee payer's successor in interest if the fees have not been spent within ten (10) years from the date the building permit for the development was issued, along with interest of five percent (5 %) a year. Fees shall be deemed to be spent on the basis of the first fee collected shall be the first fee spent. 2. Refund Procedure. The refund shall be administered by the Road Impact Fee Committee, and shall be undertaken through the following process: a. A Refund Application shall be submitted within one (1) year following the end of the tenth (10th) year from the date on which the building permit was 21 issued on the proposed development. The Refund Application shall include the following information: (1) A copy of the dated receipt issued for payment of the fee; (2) A copy of the building permit; and (3) Evidence that the applicant is the successor in interest to the fee payer. b. Within ten (10) days of receipt of the Refund Application, the Road Impact Fee Committee shall determine if it is complete. If the Road Impact Fee Committee determines the application is not complete, a written statement specifying the deficiencies shall be forwarded by mail to the person submitting the application. Unless the deficiencies are corrected, the Road Impact Fee Committee shall take no further action on the Refund Application. C. When the Road Impact Fee Committee determines the Refund Application is complete, it shall be reviewed within thirty (30) days, and shall be approved if it is determined the fee payer or a successor in interest has paid a fee that has not been spent within the period of time permitted under this Section 4- 710.7, Refunds. The refund shall include the fee paid plus interest of five percent (5 %) a year. 3. Appeal of Refund Decision. A fee payer affected by a decision of the Road Impact Fee Committee may appeal such decision to the Road Impact Fee Board by filing with the Road Impact Fee Committee within ten (10) days of the date of the written decision, a written notice stating and specifying briefly the grounds of the appeal. The Road Impact Fee Committee shall place such appeal on the Road Impact Fee Board's agenda. The Road Impact Fee Board, after a hearing, shall affirm or reverse the decision of the Road Impact Fee Committee based on the standards in this Section 4- 710.7, Refunds. If the Road Impact Fee Board reverses the decision of the Road Impact Fee Committee, it shall direct the Committee to readjust the refund in accordance with its findings. In no case shall the Road Impact Fee Board have the authority to negotiate the amount of the refund. The decision of the Road Impact Fee Board shall be final. K. Review Every Five Years. At least once every five (5) years, the Road Impact Fee Committee shall recommend to the Road Impact Fee Board and to the County and Participating Municipalities whether any changes should be made to the Transportation Plan, Road Impact Fee Study, Road CIP, this Regulation, and the Regulations of the Participating Municipalities. The purpose of this review is to analyze the effects of F ( C inflation on actual costs, to assess potential changes in needs, to assess any changes in the characteristics of land uses, and to ensure that the road impact fees will not exceed a proportionate share. To be amended, the Road CIP must be approved by Eagle County and all Participating Municipalities. L. Final Determination Before Permit Approval. No final plat or building permit shall be approved before final, unappealable determination of the Road Impact Fee has been made, if applicable. 23 C" Exhibit A ROAD IMPACT FEE SCHEDULE Land Use Type* Unit Fee/Unit Single - Family Detached/Accessory Dwelling Dwelling $1,600 Townhouse* */Duplex Dwelling $979 Multi - Family Dwelling $1,109 Mobile Home Park Site $802 Hotel/Motel/Lodge/Bed & Breakfast Room $942 Retail/Commercial Shopping Center /General Retail <100,000 sf 1000 sq. ft. $5,805 Shopping Center /General Retail <250,000 sf 1000 sq. ft. $4,923 Shopping Center /General Retail <500,000 sf 1000 sq. ft. $4,232 Shopping Center /General Retai1500,000 sf+ 1000 sq. ft. $3,504 Automobile Parts Sales 1000 sq. ft. $4,549 Automobile Sales 1000 sq. ft. $2,756 Automobile Service/Repair/Tire Store 1000 sq. ft. $2,118 Bank/Financial Institution 1000 sq. ft. $5,758 Building Materials & Lumber Store 1000 sq. ft. $3,317 Car Wash, Self - Service Stall $9,018 Convenience Store 1000 sq. ft. $ 14,790 Discount Club 1000 sq. ft. $3,350 Discount Store 1000 sq. ft. $4,539 Discount Superstore 1000 sq. ft. $3,764 Electronics Superstore 1000 sq. ft. $3,611 Furniture Store 1000 sq. ft. $170 Gasoline Service Station Fueling Position $3,263 Hardware/Paint Store 1000 sq. ft. $4,285 Home Improvement Superstore 1000 sq. ft. $1,874 Garden Center Store 1000 sq. ft. $3,013 Nursery Acre $8,033 Pharmacy/Drug Store 1000 sq. ft. $6,035 Quick Lubrication Vehicle Shop Service Position $3,407 Restaurant, Fast Food 1000 sq. ft. $10,772 Restaurant, Sit -Down 1000 sq. ft. $5,708 24 C l Land Use Type* Unit Fee/Unit Wholesale Market 1000 sq. ft. $755 Video Rental Store 1000 sq. ft. $1,136 Health Care Nursing Home 1000 sq.ft. $785 Hospital 1000 sq.ft. $2,802 Office, Medical 1000 sq.ft. $6,035 Congregate Care /Assisted Living Dwelling $361 Office/Institutional Cemetery Acre $792 Church 1000 sq. ft. $1,523 Day Care Center 1000 sq. ft. $3,176 Education Facility 1000 sq. ft. $995 Government Office Building 1000 sq. ft. $5,758 Library 1000 sq. ft. $4,509 Office, General <100,000 sf 1000 sq. ft. $2,218 Office, General <200,000 sf 1000 sq. ft. $1,887 Office, General200,000 sf+ 1000 sq. ft. $1,717 Recreational Arena Acre $5,568 Bowling Alley 1000 sq. ft. $5,568 Campground/RV Park Acre $12,421 City Park Acre $267 County Park Acre $381 Golf Course (with ancillary uses) Hole $5,969 Horse Racetrack Acre $7,181 Movie Theater 1000 sq. ft. $13,036 Racquet Club 1000 sq. ft. $2,862 Recreational Community Center 1000 sq. ft. $3,821 Events/Performing Arts Center * ** Tennis Courts Court $5,184 Industrial Industrial, General 1000 sq. ft. $1,166 Truck Terminal 1000 sq. ft. $1,647 Warehouse 1000 sq. ft. $828 25 Land Use Type* Unit Fee/Unit Mini- Warehouse 1000 sq. ft. $418 * Descriptions of the land use codes in the 6' edition of the report entitled Trip Generation prepared by the Institute of Transportation Engineers (ITE) shall be used to define the Land Use Types. * * Townhouse for the purpose of these Road Impact Fees is defined as a single dwelling unit constructed as part of a series of three or more dwellings, all of which ate attached to the adjacent dwelling by party walls with no visible separation. Each dwelling is located on a separate platted lot. * ** Independent Fee Calculation Study required 26 C Exhibit B ROAD CAPITAL IMPROVEMENT PROGRAM (CIP) Area Improvement Total Cost Gypsum Widen US 6 from I -70 to airport to 5 lanes (urban) $4,791,366 $4,791,366 Gypsum Widen US 6 from I -70 to airport to 4 lanes (rural) $1,549,713 $1,549,713 Gypsum New I -70 interchange with bridge & RR tracks $25,000,000 $25,000,000 Eagle Widening US 6 to I -70 spur to 5 lanes $633,600 $633,600 Eagle 2 bridges along spur for highway/RR overpasses $2,000,000 $2,000,000 Eagle Widening US 6 between Eagle and airport $5,280,000 $5,280,000 Eagle Construct raised median on US 6 through town $316,800 $316,800 Eagle Spur road/US 6 intersection roundabout $560,000 $560,000 Eagle Eby Creek/Chambers traffic signal $100,000 $0' Wolcott Widen US 6 to add passing lanes $1,028,491 $1,028,491 Edwards/Avon/Eagle Widen US 6 to 5 lanes (Squaw Creek - Edwards) $2,674,283 $2,674,283 Vail Geometric imp to US 6, Dowd Junction to I -70 (Eagle $1,750,000 $1,750,000 Edwards/Avon/Eagle Widen US 6 to 5lanes (Edwards -Avon) $4,114,282 $4,114,282 Vail US 6/1 -70 interchange at Eagle -Vail $3,200,000 $3,200,OOC Edwards/Avon/Eagle Widen Edwards Spur Road $2,536,481 $2,536,481 Vail Edwards/Avon/Eagle 2 bridges along Edwards Spur Road $3,382,000 $3,382,000 Vail Edwards/Avon/Eagle Traffic signals at Edwards Spur Rd (exc ramps) $200,000 $200,000 Edwards/Avon/Eagle Traffic signals at Edwards Spur Rd (I -70/US 6 ramps) $225,000 $225,000 Edwards/Avon/Eagle Avon Road roundabouts (5) $5,991,173 $5,991,173 Vail Edwards/Avon/Eagle Traffic signal atArrowhead/US 6 $100,000 $100,000 Vail Edwards/Avon/Eagle Widen Avon Road to six through lanes $708,473 $0 Vail Edwards/Avon/Eagle Turn lanes on Avon Road $171,428 $0 Vail Edwards/Avon/Eagle SignaWimprovements at I -70 ramps/Avon Road $395,000 $0 Vail Minturn/Dowd Junction Widen US 24 (Dowd Junction - Minturn) $2,399,998 $2,399,998 Minturn/Dowd Junction Geometric imp to US 6, Dowd Junction to I -70 (Eagle $1,750,000 $1,750,000 Vail) Minturn/Dowd Junction US 6/1 -70 interchange at Eagle -Vail $3,200,000 $3,200,OOC Minturn/Dowd Junction Traffic signals at I -70 ramps/US 6 $200,000 $C 27 1 Area Improvement Total Cost Eligible I Basalt . Improve Upper Cattle Creek Road $1,877,660 $1,877,660 Edwards/Avon/Eagle Widen Stone Creek to four lanes $192,000 $192,000 Vail Bighorn Road $3,750,000 $0 Vail E Vail Interchange $2,000,000 $0 Vail I -70 Frontage Rd, E Vail to E end of Ford Park $5,250,000 $0 Vail I -70 Frontage Rd, E end of Ford Park to Vail Valley Dr $3,700,000 $3,700,000 Vail I -70 Frontage Rd, Vail Valley Dr to Main Roundabout $700,000 $700,000 Vail I -70 N Frontage Rd, Arosa Dr to W Vail Roundabout $0 $0 Vail I -70 N Frontage Rd, W Vail Roundabout to Buffer $1,250,000 $1,250,000 Creek Vail I -70 N Frontage Rd, Buffer Creek to Red Sandstone $6,000,000 $6,000,000 Vail I -70 N Frontage Rd, Red Sandstone to Main Round $6,400,000 $0 Vail I -70 S Frontage Rd, Main Roundabout to Hospital $750,000 $750,000 Vail I -70 S Frontage Rd, Hospital to Lionshead Parking $2,250,000 $0 Structure Vail I -70 S Frontage Rd, Lionshead Parking to Forest Rd $3,850,000 $3,850,000 Vail I -70 S Frontage Rd, Forest Rd to Cascade Village $3,550,000 $3,550,000 Vail I -70 S Frontage Rd, Cascade Village to Gore Creek Dr $2,200,000 $2,200,000 Vail I -70 S Frontage Rd, W Vail Roundabout to End $750,000 $0 Vail Main Vail Roundabout $1,000,000 $0 Vail Simba Run Underpass $8,000,000 $8,000,000 28 C, C', Exhibit C MAJOR ROAD SYSTEM Facilitv Segment Miles Surface I -70 Co. Line to Colo. River Rd 3.3 Paved I -70 Colo R Rd to Interchange 140 6.2 Paved I -70 Interchange 140 to 147 7.0 Paved I -70 Interchange 147 to 157 9.5 Paved I -70 Interchange 157 to 163 5.7 Paved I -70 Interchange 163 to 167 3.8 Paved I -70 Interchange 167 to 171 4.4 Paved I -70 Interchange 171 to 173 2.3 Paved I -70 Interchange 173 to 176 2.8 Paved I -70 Interchange 176 to 180 3.8 Paved I -70 Interchange 180 to Co. Line 9.5 Paved I -70 Frontage Rd E Vail to E end of Ford Park 2.6 Paved I -70 Frontage Rd E end of Ford Park to Vail Valley Dr 0.7 Paved I -70 Frontage Rd Vail Valley Dr to Main Roundabout 0.4 Paved I -70 N Frontage Rd Arosa Dr to W Vail Roundabout 0.4 Paved I -70 N Frontage Rd W Vail Roundabout to Buffer Creek 0.6 Paved I -70 N Frontage Rd Buffer Creek to Red Sandstone 1.1 Paved I -70 N Frontage Rd Red Sandstone to Main Round 1.2 Paved I -70 S Frontage Rd Main Roundabout to Hospital 0.2 Paved I -70 S Frontage Rd Hospital to Lionshead Parking Str 0.7 Paved I -70 S Frontage Rd Lionshead Parking to Forest Rd 0.6 Paved I -70 S Frontage Rd Forest Rd to Cascade Village 0.6 Paved I -70 S Frontage Rd Cascade Village to Gore Creek Dr 1.2 Paved I -70 S Frontage Rd Gore Creek Dr to W Vail Round 0.2 Paved I -70 S Frontage Rd W Vail Roundabout to end 1.2 Paved US 6 I -70 (Gypsum) to Brush Creek Rd 7.6 Paved US 6 Brush Creek Rd to SR 131 9.3 Paved US 6 SR 131 to Squaw Creek Rd 4.2 Paved US 6 Squaw Creek Rd to Lake Creek Rd 2.3 Paved US 6 Lake Creek Rd to Intersection 171 8.9 Paved US 24 I -70 to Tigiwan Rd 5.2 Paved US 24 Tigiwan Rd to Shrine Pass Rd 6.2 Paved US 24 Shrine Pass Rd to Co. Line 12.4 Paved SR 131 US 6 to Landfill Rd 2.0 Paved SR 131 Landfill Rd to Trough Rd 11.6 Paved SR 131 Trough Rd to Co. Line 7.7 Paved SR 82 Garfield Co Line to Pitkin Co. 5.2 Paved Beard Creek Dr I -70 to surface chg 1.4 Paved Beard Creek Dr Surface change to end 0.1 Unpaved 29 C Cl Beaver Creek Dr I -70 to end 1.0 Paved Bellyache Ridge Rd I -70 to end 5.5 Paved Bighorn Rd I -70 to end of paving 1.7 Paved Bruce Creek Rd Brush Creek Rd to end 2.1 Unpaved Brush Creek Rd I -70 to E Brush Creek Rd 9.9 Paved Brush Creek Rd E Brush Creek Rd to Sylvan Lake 4.7 Unpaved Brush Creek Rd Sylvan Lake to County Line 11.0 No Plow Buck Creek Rd I -70 to end 1.4 Paved Colorado River Rd I -70 to Deep Creek Rd 1.7 Paved Colorado River Rd Deep Creek Rd to Sweetwater Rd 5.3 Paved Colorado River Rd Sweetwater. Rd to end of paving 9.5 Paved Colorado River Rd End of paving to Derby Mesa 6.4 Unpaved Colorado River Rd Derby Mesa Loop to Poppy Creek 6.5 Unpaved Colorado River Rd Poppy Creek Rd to SR 131 5.3 Unpaved Cooley Mesa Rd Gypsum Creek Rd to US 6 4.0 Paved Copper Spur Rd SR 131 to County Line 2.5 Unpaved Cottonwood Creek Rd Sheephorn Creek Rd to end 1.9 Unpaved Cottonwood Pass Rd Gypsum Creek Rd to Gypsum Creek 0.8 Paved Cottonwood Pass Rd Gypsum Creek to no plow 2.0 Unpaved Cottonwood Pass Rd No plow to Co. Line 11.4 No Plow Deep Creek Rd Colorado River Rd to no plow 1.0 Unpaved Deep Creek Rd No plow to County Line 6.5 No Plow Derby Mesa Loop Colorado River Rd to Derby Mesa 15.0 Unpaved E Brush Creek Rd Brush Creek Rd to no plow 5.9 Unpaved Eby Creek Rd I -70 to end of paving 0.9 Paved Eby Creek Rd End of paving to priv gate 1.3 Unpaved Fender Ln Upper Cattle Creek Rd to surf chg' 0.2 Paved Fender Ln Surface change to Co. Line 0.9 Unpaved Frying Pan Rd SR 82 to Co. Line 10.4 Paved Frying Pan Rd Co. Line to Co. Line (reservoir) 4.7 Paved Gypsum Creek Rd US 6 to end of paving 5.0 Paved Gypsum Creek Rd end of paving to end of plowing 8.2 Unpaved Landfill Rd SR 131 to end 1.5 Unpaved Piney Lake Rd I -70 to E Meadow Creek Rd 6.6 Unpaved Poppy Creek Rd Colorado River Rd to Co. Line 1.6 Unpaved Salt Creek Rd Brush Creek Rd to end 2.9 Unpaved Sheephorn Creek Rd County Line to end 7.2 Unpaved Shrine Pass Rd US 24 to 0.8 miles east 0.8 Paved Shrine Pass Rd 0.8 miles east to Co. Line 8.0 Unpaved Simba Run Underpass N to S I -70 Frontage Roads 0.1 Not Existing Singletree Loop Rd I -70 to I -70 2.0 Paved Squaw Creek Rd End of paving to end of road 2.1 Unpaved 30 Facifitv Segment Miles Surface Squaw Creek Rd Hwy 6 to end of paving 3.1 Paved Sweetwater Rd Colorado River Rd to Co. Line 6.7 Unpaved Trough Rd SR 131 to County Line 9.1 Unpaved Upper Cattle Creek Rd SR 82 to end of paving 2.3 Paved Upper Cattle Creek Rd End of paving to Co. Line 4.6 Unpaved W Lake Creek Rd US 6 to end 3.6 Paved. 31 c Exhibit D ROAD E"ACT FEE BENEFIT DISTRICTS 32