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HomeMy WebLinkAboutR04-073 Land Use Regulations Impact Fees and Land Dedication Standards �� 1= 1, �-- P 0 8 7 8 707 3: /2 :1 , 33 30 0 3:12P Teak J Simonton Eagle, CO 370 R 0.00 D 0.50 Commissioner moved adoption of the followi Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS , ��. COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2004- t? 7 3 JUL 2 0 2004 �� � IN THE MATTER OF AMENDING THE EAGLE r r. �' , ,T` ( '�� COUNTY LAND USE REGULATIONS, TO AMEND LANGUAGE PERTAINING TO IMPACT FEES AND LAND DEDICATION STANDARDS Eagle County File No. LUR -0048 WHEREAS, the Board of County Commissioners of Eagle, State of Colorado (hereinafter the "Board "), is authorized, pursuant to State enabling legislation including, but not limited to, C.R.S. 30 -28 -101, et sec ., to plan for and regulate the use and development to 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, the Board has adopted such zoning and subdivision regulations, which land use regulations have been incorporated into one comprehensive document entitled "Eagle County Land Use Regulations" (hereinafter the "E.C.L.U.R. "), pursuant to Resolution No. 82 -26, and as subsequently amended; and WHEREAS, C.R.S. 30 -28 -116, and Section 5 -230 of the E.C.L.U.R., respectively, provide that, from time to time, the Board may amend the number, shape, boundaries, or area of any district, or any regulation of or within such district, or any other provisions of the County's Zoning Resolution; and WHEREAS, C.R.S. 30 -28 -133, and Section 5 -230 of the E.C.L.U.R., provide for the adoption and amendment of subdivision regulations by the Board; and WHEREAS, on or about March 24, 2004 the Eagle County Department of Community Development initiated proposed amendments to Chapter Two, Article 4, Division 4 -7 of the E.C.L.U.R., in order to amend language pertaining to Impact Fees and Land Dedication Standards. Such proposed amendments were referred to both the Eagle County Planning Commission and the Roaring Fork Valley Regional Planning Commission for their review and comment; and WHEREAS, the Eagle County Planning Commission reviewed the proposed 1 amendments on May 19, 2004, and certified their comments and recommendations with respect thereto to the Board; and WHEREAS, the Roaring Fork Valley Regional Planning Commission reviewed the proposed amendments on May 20, 2004, and certified their comments and recommendations with respect thereto to the Board; and WHEREAS, after public notice was given pursuant to law, the Board held a public hearing to consider comments on such proposed amendments on June 1, 2004, in the Board of County Commissioners' meeting room, in the Eagle County Building, Eagle, Colorado; and WHEREAS, based on the evidence, testimony, exhibits and study of the Master Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, recommendation of the Planning Commission and comments from all interested parties, the Board hereby determines that the proposed amendments to Chapter Two, Article 4, Division 4-7 of the E.C.L.U.R., are necessary and proper for the protection of the public health, safety, welfare and best interest of the inhabitants of the County of Eagle, State of Colorado. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, Chapter Two, Article 4, Division 4-7 of the Eagle County Land Use Regulations is hereby amended, effective Tuesday, June 29, 2004, as set forth in Exhibit A attached hereto and incorporated herein by this reference. THAT, this amendment of Chapter Two, Article 4, Division 4-7 of the E.C.L.U.R. shall not constitute nor be construed as a waiver of any violations existing at the time of adoption of this Resolution. THAT, the Director of Community Development is hereby directed to transmit a true and correct copy of the Eagle County Subdivision Regulations, a,s amended, to the Colorado Land Use Commission. THAT, should any section, clause, provision, sentence or word of this Resolution, including the attached Exhibit, be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Resolution as a whole or any parts thereof, other than the part so declared to be invalid. For this purpose, this Resolution is declared to be severable. THAT, this Resolution is necessary for the public health, safety, and welfare of the inhabitants of the County of Eagle, State of Colorado. 2 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 29th day of June, 2004, nuns pro tunc to the 1st day of June, 2004. A By: "'mrv^q+Ri^tr ..y"r_t l%~~A"^"~'tr~ ~~It7,'7^II'I{,rr~Pmnr~ 'tr. ~5, tm ,. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS cam' `~=r~,~.~ ~~ By: Teak J. Simonton Clerk to the Board of County Commissioners Tom C. Stone, Chairman By: Gallagher, Co issi By: M. Menconi, Commissioner Commissioner ~ ~61~f,1c1~ seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Tom C. Stone -~~ Commissioner Michael L. Gallagher G~G1 ~ Commissioner Arn M. Menconi~/-~,~ 3 ART/CLE 4: SITE DEVELOPMENT STANDARDS 4-710. ROAD IMPACT FEES Proposed Amendments to the Eagle County Impact Fee and Land Dedication Regulations Suggested amendment additions are shown in bold, italicized type. Suggested amendment deletions are shown with a st~il~ DIVISION 4-7. IMPACT FEES AND LAND DEDICATION STANDARDS 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. (am 05/15/01) 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. (am OS/1 S/01) 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 current full market value of such sites and land area for schools. The Board of County Commissioners shall determine the amount of such payment after considering information and testimony presented at the hearing for the final plat. (am 09/02/03) 1. Appraisal of Land to Be Subdivided. The subdivider shall provide, as part of the application for the final plat, an appraisal of the land area to be platted, prepared by an appraiser licensed or certified in Colorado, of the current full market value of the land area being platted. The appraisal report shall be completed as a Summary Appraisal Report ARTICLE 4.• SITE DEVELOPMENTSTANDARDS 4-7J0. ROAD IMPACT FEES using the market approach to appraisal, and shall be dated no more than six (6) months prior to the date of application for the final plat. Full market value shall be based on anticipated market value after completion of platting. (am 0902/03) 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. (am 09/02/03). D. 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 unless a net gain in residential units is realized as a result of a re-subdivision. In these instances, school land dedication requirements will be calculated proportionally, based upon the difference between the total number of allowed residential units prior to and after re-subdivision occurs. (am. 7/29/04) E. Dedication Shall Occur at Final Plat. The actual dedication or payment shall occur at the Final Plat stage. SECTION 4-710 ROAD IMPACT FEES (orig. OS//S/01) 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 he built in the Road C1P. 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. ARTICLE 4: SITE DEVELOPMENTSTANDARDS 4-7/0 ROAD IMPACT FEES 1. Affordable Employee Housing means units restricted for `Qualified Employees' meeting income, employment and net worth limitations and the other criteria under `Low Income Housing ; `Moderate Income Housing' and `Qualified Employees' as defined hereinafter.. (am. 7/29/04) 2. 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. 3. 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. 4. 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. 5. 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. 6. 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. 7. Impact Fee Administrator means the County Administrator or County officials that the County Administrator may designate to administer the various provisions of this regulation. 8. Level of Service (LOS) means a qualitative measure describing operational conditions, from "A" (best) to "F" (worst), within a traffic stream. 9. Low Income Housing means Affordable Employee Housing Units provided for households who earn the equivalent of between 60% and 80% of the Area Median Income (AMI) for Eagle County, as determined annually by the Department of Housing and Urban Development (HUD) and that are initially offered at a purchase price that provides for monthly housing payments and homeowner association condominium dues in an amount that does not exceed 30% of gross household income based on a 30 year mortgage with 5% down payment. Once initially sold, the unit's affordability shall be maintained in perpetuity by an appreciation cap.. (am. 7/29/04) 10. 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. 11. Moderate Income Housing means Affordable Employee Housing Units provided for households who earn the equivalent of between 80% and 100% of the Area Median Income (AMI) for Eagle County, as determined annually by the Department of Housing and Urban Development and that are initially offered at a purchase price that provides for monthly housing payments and homeowner association/condominium dues in an amount that does not exceed 30% of gross household income based on a 30 year mortgage with S% down payment. Once initially sold the affordability shall be maintained perpetuity by an appreciation cap.. (am. 7/29/04) ARTICLE 4: SITE DEVELOPMENT STANDARDS 4-710 ROAD IMPACT FEES existing roads, (i) bus turnouts, (j) 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. 16. 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 "B." 17. 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. 18. 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. 19. 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. 20. 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. 21. 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. 22. Traffic-Generating Development, Commencement of, occurs upon the issuance of a building permit or other applicable approval process, on a lot or other parcel of land for which road impact fees have not previously been determined and paid. 23. Trip means aone-way movement of vehicular travel from an origin (one trip end) to a destination (the other trip end). 24. Trip Generation means the amaction or production of trips caused by a certain type of land development. ART/CLE 4: SITE DE ~ELOPMENT STANDARDS 4-710. ROAD IMPACT FEES 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, or other associated actions of Eagle County having the effect of permitting the development of land. 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 or other land use activity requiring Eagle County approval will commence until all fees due hereunder with respect to the Lot or, parcel of land which is the subject of the building permit application or, other applicable approval process have been paid in full. If any credits are due pursuant to Section 4-710.H, 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 aTraffic-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. (am 3/12/02) . (am. 7/29/04) b. Any person who prior to the effective date of this Regulation agreed as a 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. ARTICLE 4: SITE DEVELOPMENT STANDARDS 4-710. ROAD IMPACT FEES °::r ~f' ~: t ~l" (~ Anv~° fi r l..r .. 7 r„ rl.e eFC r' ,7 r . ~....~.. . . . SK ..i...» vwuiszzasricScircv icirS°c-iircrcrrxs~r. Any development of a lot having received final plat approval prior to the effective date of this regulation (orig. OS/15/01) shall be exempt from the payment of road impact fees, unless a re plat occurs. The following types of re- plat will not necessitate payment of Road Impact Fees:. (am. 7/29104) ^ Minor Type `B' Subdivisions for the purpose of subdividing condominium space in duplex, triplex, multifamily or non-residential structures; ^ Minor Type `B' Subdivisions for the purpose of subdividing residential duplex, triplex, townhomes, and non-residential structures where no net gain in residential units or, non-residential square footage will be realized; ^ Amended Final Plats for the purpose of adjusting internal dot tines where no net gain in residential units, or non-residential square footage will be realized; ^ Correction Plats. e. Private recreational facilities within a residential subdivision that are restricted for the use of residents and will not generate additional traffic. 3. Waiver by the Board of County Commissioners. The Board of County Commissioners may waive the applicable Road Impact Fee on the development of low or moderate- income housing or affordable employee housing as defined by Eagle County government in this Section 4-710 of these Land Use Regulations, pursuant to C.R.S. 29- 20-104.5(5).. (am. 7/29/04)