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HomeMy WebLinkAboutR03-035 Road Impact Fee - Edwards Corner Developmentf Commissioner moved adortion ~of the following resolution: BOARD OF COUNTY COMIVIISSIONERS COUNTY OF EAG~.E, STATE OF COLORADO RESOLUTION NO. 2003- RESOLUTION AFFIRMING THE DECISIONS OF THE ROAD IlVIPACT FEE COMIVIITTEE AND ROAD IMPACT FEC ~NEII1TVI05 I~iE EDWARDS~CORNER E ASSESSMENT OF THE ROAD IlVIP DEVELOPMENT AND THE DETERNIINATION OF ALLOWABLE CREDITS WHEREAS, the Board of County Commissioners of Eagle County, State of Colorado, is authorized, pursuant to state enabling legislation including, but not limited to, § 29-20-101, et. seq., C.R.S., to plan for and regulate the use of land within the jurisdiction of the County of Eagle, State of Colorado, in order to provide for planned and. orderly development within Colorado and a balancing of basic human needs of a changing population with legitimate environmental concerns; and WI~REAS, the Board of County Commissioners has adopted the Road Impact Fee Regulation, Article 4, Section 4-710 of the Ea ne~CdOUn 29 20--101 to 107,31028-106, 30-28-133, ECLUR), pursuant to the Colorado Constituho § § C.R.S. anal all other relevant laws of the State of Colorado; and WHEREAS, the purpose of the Road Impact Fee Regulation, as set forth in Section 4- 710.B.2 is to establish 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; and WHEREAS, under Section 4-710.D.13 of the ECLUR, the 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; and WHEREAS, the Eagle County Board of County Commissioners serves as the Road Impact Fee Board; and WHEREAS, Rick Mueller on behalf of Remonov & Company, Inc. appealed the determination of the Road Impact Fee Committee regarding the Edwards Comer development, as allowed by Article 4, Sections 4-710.F and 4-710.H of the ECLUR; and WHEREAS, the Board of County Commissioners sitting as the Road Impact Fee Board held a public hearing on December 10, 2002, after proper publication of notice of said hearing, in s •~ order to hear the appeal of Remonov & Company, Inc.; and WHEREAS, the hearing was continued to January 14, 2003 and again to January 28, 2003; WHEREAS, Appellant asserted various arguments in support of its position during the hearings including: . 1. That the Edwards Corner was not a new development and therefore should not be subject to any road impact fee; 2. That the Edwards Comer Development was covered by a prior Subdivision Improvement Agreement and that the impacts of the development had been paid by a prior developer; 3. That the Edwards Corner Development is exempt under Section 4-710.E.2.d of the ECLUR; 4. That Remonov & Company, Inc. and the Edwards Corner Development is entitled to credits in the amount of $1,272,450 to be applied against the road impact fee assessment of $200,448 with the balance to be applied to future impact fees. WHEREAS, Eagle County Staff asserted various arguments during the hearings including: 1. That under Colorado law. and the Eagle County Land Use Regulations, Edwards Corner is a new development and subject to the road impact fee regulation; 2. That the Edwards Corner development was not the subject of a prior road impact fee; 3. That Edwards Corner is not exempt under Section 4-710.E.2.d of ECLUR; 4. That pursuant to the Eagle County Land Use Regulations, Remonov & Company, Inc. are not entitled to credits in the amount of $1,272,450. WHEREAS, the Board of County Commissioners acting as the Road Impact Fee Board has duly. considered all evidence presented, including but not limited to, testimony, arguments and presentation from the Appellant, his counsel and Eagle County staff, comments from interested parties if any, exhibits, staffreports, the Eagle County Land Use Regulations and the Colorado Revised Statutes; WHEREAS, based upon the foregoing the Board of County Commissioners acting as the Road Impact Fee Board FINDS: 1. Remonov and Company, Inc. filed an application with Eagle County Department of J' ~ ~ `~~ Community Development on or about February 13, 2002 for a Zone Change and Special Use Permit for the Edwards Corner Commercial and Retail Development. 2. In its application Remonov and Company proposed to develop anoffice/retail building with 50,382+/- squaze feet of leasable floor area on a 2.573 acre site (consisting of Lot C-1 in the South Forty subdivision and Pazcel 12 in the Remonov Center). 3. The Edwazds Corner Special Use Permit and Zone Change received approval by the Board of County Commissioners on July 2, 2002 through Resolution 2002-168. 4. An amended final plat (Eagle County File No. AFP-00137) which vacated the common lot line between Pazcel 12, Remonov Center and Lot C-1, South Forty Subdivision, was approved and recorded. 5. The road impact fee for Edwards Comer was determined to be $200,448 by the Road Impact Fee Administrator. 6. The Road Impact Fee Committee considered Appellants request pursuant to Section 4- 710H of the ECLUR and determined that only one credit in the amount of $105,780.23 for the right of way dedication along Edwazds Village Boulevazd sought by appellant was valid. The actions of the Road Impact Fee Committee were sent to the Appellant in a letter dated September 26, 2002. 7. The Road Impact Fee Committee granted a credit of $105,780.23 for the right of way dedication along Edwazds Village Boulevazd resulting in a remaining impact fee of $94,677.77. 8. The purpose of the Road Impact Fee Regulations as set forth in Section 4-710.B of the ECLUR is to ensure that the new development contributes its proportionate shaze of the cost of providing, and benefits from the provision of Road Capital Improvements identified as needed to be built in the Road CIP (Capital Improvements Plan). 9. Pursuant to Article 2, Section 2-110 of the ECLUR, "development means any of the following activities that require some form of development permit pursuant to these Land Use Regulations: 1) the subdivision of a parcel of land into two (2) or more lots or divisions; 2) the construction, reconstruction, conversion; expansion, or structural alteration, relocation , or enlazgement of any buildings, structures, or accessory structure; 3) any use or change in use of any buildings, land or water; 4) any clearing, grading, or other movement of land of a nature or dimension which requires a permit pursuant to Article 4-660; 5) any mining, dredging, filing, grading, paving, excavating, or daily operations." 10. C.R.S. 29-20-103 of the Local Govensment Land Use Control Enabling Act, which authorizes local governments to impose impact fees, development permit is defined as "any preliminary or final approval or an application for re-zoning, PUD, conditional or special use permit, subdivision, development or site plan, or similar application for new construction." ~ ~ 11. Pursuant to Section 4-710.H.1.d of the ECLUR, "the credit shall not~exceed the amount of the impact fees due and payable for the proposed Traffic-Generating Development, except pursuant to Section 4-710.H.2, Capital Contribution Front-Ending Agreement." 12. The replat resulted in an increase in total square footage from 44,000 allowable square feet on t~?yo lots to 50,382 square feet. 13. The Board heard evidence that an increase in square footage corresponds to an increase in traffic. :. 14. In accordance with Section 4-710.F.1 of the ECLUR, the road impact fee was calculated by using the fee schedule incorporated into the regulations. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, based upon the foregoing findings the Board of County Commissioners Conclude that: 1. The Edwards Corner development constitutes a "new development". 2. The Edwards Corner development is not exempt from the terms of the Road Impact Fee Regulation. 3. Any credits for Road Impact Fees which are in excess of the Two Hundred Thousand Four Hundred Forty-Eight Dollars ($200,448) assessment should not be allowed for future allocation towards future Road Impact Fees associated with this development. AND, BE IT FURTHER RESOLVED THAT the decisions of the Road Impact Fee Committee and Road Impact Fee Administrator regarding the assessment of the Road Impact Fee to the Edwards Corner development and the determination of allowable credits are hereby affirmed. MOVED, READ AND ADOPTED by the Board of County Commissio ers of the County of Eagle, State of Colorado, at its regular meeting held this / / day of ~~~~iL~-, 2003. ' ~ ' '1, A ' COUNTY OF EAGLE, STATE OF COLORADO By and Through its Board of County ~~~~~~:~ A T: ~ ~ B~: ~~~ ~~~r L.Gallagher, C an Leo Clerk of the oard of Coun Commissioners By: Commissioner By: Tom Commissioner / ~-~ !'t-Q seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Commissioner Commissioner Michael L. Gallagher Arn M. Menconi Tom C. Stone This Resolution passed by,_~2%LLt .vote of the Board of County Commissioners of the County of Eagle, State of Colorado.