HomeMy WebLinkAboutR06-075 Adopting emergency service provider impact fees
Commissioner adoption
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2006-
IN THE MATTER OF ADOPTING EMERGENCY SERVICE PROVIDER IMPACT FEES
WITHIN THE BASALT & RURAL FIRE PROTECTION DISTRICT, GREATER EAGLE
FIRE PROTECTION DISTRICT, GYPSUM FIRE PROTECTION DISTRICT AND THE
WESTERN EAGLE COUNTY AMBULANCE DISTRICT
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.RS. 30-28-101, et seq., to plan for and regulate the use and development ofland 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 ofthe County of Eagle; and
WHEREAS, Sections 23-30-305 and 30-11-107, c.R.S. give boards of county
commissioners the discretion to cooperate with governing bodies of organized Emergency
Service Providers and fire departments in the management and suppression of fires, in the
organization and training of rural fire fighting groups, the payment for operation and
maintenance of fire fighting equipment, and in sharing the cost of managing fires; and
WHEREAS, Sections 30-10-512 and 513, C.RS. require the county sheriffto assume
the role of fire warden in case of prairie or forest fires and assumes charge of the fire or assist
other governmental authorities in such emergencies for controlling or extinguishing such fires,
and allow the county commissioners to appropriate funds for the purpose of controlling fires in
its county; and
WHEREAS, Section 30-20-504, C.RS. gives counties the authority to create local
improvement Emergency Service Providers with the authority to provide fire protection and
emergency medical services; and
WHEREAS, Basalt & Rural Fire Protection District ("Basalt Fire"), Greater Eagle Fire
Protection District ("Greater Eagle Fire") and Gypsum Fire Protection District ("Gypsum Fire")
are quasi-municipal governments and political subdivisions of the State of Colorado operating
pursuant to Article 1, Title 32, C.RS. to provide fire protection services within portions of Eagle
County; and
WHEREAS, Western Eagle County Ambulance District ("WECAD") is a quasi-
municipal government and political subdivision of the State of Colorado operating pursuant to
Article 1, Title 32, C.RS., to provide emergency medical services within a portion of Eagle
County; and
WHEREAS, Basalt Fire, Greater Eagle Fire, Gypsum Fire and WECAD, collectively
referred to herein as "Emergency Service Providers", rely primarily on revenues from ad
valorem property taxes to provide for their capital needs and to assure that they have available
personnel, vehicles and equipment to respond and provide fire protection and emergency medical
services to the Emergency Service Providers' residents and visitors; and
WHEREAS, Eagle County is experiencing high rates of population growth, increased
population density and increased demand for the services provided by the Emergency Service
Providers as a result of land development within Eagle County; and
WHEREAS, the construction of new developments within the territorial jurisdictions of
the Emergency Service Providers is placing significant additional demands on fire protection and
emergency medical services; and
WHEREAS, the volume and pace of land development in the Emergency Service
Providers' boundaries threatens the provision of adequate fire protection and emergency medical
services; and
WHEREAS, the demand for fire protection and emergency medical services is
immediate upon development of residential and commercial growth even though the Emergency
Service Providers' funding from tax revenues accrues well after the demand for services exists;
and
WHEREAS, the Board finds and determines that one of the primary roles of
development review is to ensure essential public services and facilities, and that in order to
promote and protect the convenience, order, prosperity and welfare of present and future
inhabitants of Eagle County, a rational system for identifying growth related costs incurred by
the Emergency Service Providers in providing new and expanded fire protection and emergency
medical services made necessary by expanded population and economic activity levels is
necessary, and a fee structure therefore directly related to such costs and method for collection of
such fees should be adopted; and
WHEREAS, the adoption of a requirement that developers of residential, non-residential
and lodging developments pay fire protection and emergency medical impact fees as established
herein will ensure that development bears a proportionate share of the cost of providing new and
enhanced fire protection and emergency medical services necessary to accommodate such new
development; and
WHEREAS, the Local Government Land Use Control Enabling Act of 1974 ("Act"),
Sections 29-20-101 et. seq., C.RS., Article 28 of Title 30, and other applicable law grant broad
authority to the County to plan for and regulate the development of land on the basis of the
impacts thereof on the community and surrounding areas; and in amending the Act in 2001, the
Colorado General Assembly specifically allows local governments to impose impact fees to
offset the cost of capital improvements necessary to serve new developments; and
WHEREAS, Sections 29-1-801 et seq" C.RS., concerning land development charges
recognize that counties may collect charges imposed on land development as a condition of the
approval of development, if such charges relate to an expenditure for an improvement, facility,
or piece of equipment necessitated by land development which is directly related to a local
governmental service; and
WHEREAS, the Local Government Land Use Control Enabling Act of 1974 authorizes
and encourages local governments to cooperate or contract with other units of government for
the purpose of regulating the development of land and the impacts thereof; and
WHEREAS, Eagle County is authorized by statutory authority and by Colorado common
law to regulate the development and use of land, and impose mitigation measures, including
impact fees, upon proponents of land development activities if impacts related to the service
demands created by the development are not adequately mitigated; and
WHEREAS, Eagle County has adopted as part of the Eagle County Land Use
Regulations Section 4-720, Emergency Service Impact Fees, which provides a program of
Emergency Service Impact Fees to be imposed on development which generates a need for
additional Emergency Service Capital Improvements, and the Emergency Service Impact Fee
program contemplates the Board of County Commissioners establishing the amount of such fees
by resolution as provided herein; and
WHEREAS, the Public Safety Consultants completed fiscal impact studies for the
Emergency Service Providers, which determined the net present value of the capital
improvement costs that will be generated by new growth in the unincorporated portions of Eagle
County located within the Emergency Service Providers' boundaries, and found those costs to be
$458,317 for Basalt Fire, $936,193 for Greater Eagle Fire, $786,614 for Gypsum Fire, and
$839,092 for WECAD; and these figures represent the capital expenditures by the Emergency
Service Providers necessary to mitigate the impact of population growth from land development
within the Emergency Service Providers' boundaries; and
WHEREAS, the Board of County Commissioners finds and determines that adoption of
impact fees for fire protection and emergency medical services within the Emergency Service
Providers' boundaries as contained herein, is necessary and designed for the purpose of
promoting the health, safety, convenience, order, prosperity and welfare of the present and future
inhabitants of Eagle County and are consistent with the County's goals, policies and plans,
including the Comprehensive Land Use Plan.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
the County of Eagle, State of Colorado:
1) That findings and projections contained the Eagle County Emergency Services
Impact Fee Analysis for the Greater Eagle Fire Protection District, Gypsum Fire
Protection District, Basalt & Rural Fire Protection District, and Western Eagle
County Ambulance District, dated May 2006, performed by the Public Safety
Consultants are hereby adopted.
2) That the attached Exhibit 'A' containing the calculation for the Emergency Service
Impact Fees to be imposed by the County to mitigate impacts of land development
activities on the provisions of fire protection and emergency medical services, is
adopted.
3) The form of Intergovernmental Agreement Concerning the Collection, Payment and
Use of Emergency Service Impact Fees attached as Exhibit 'B' ("IGA") is approved.
The Chairman is authorized and directed to execute the IGA with each Emergency
Service Provider for which an Emergency Service Impact Fee is adopted by this
resolution. This resolution shall become operative with respect to a specific
Emergency Service Provider only upon execution of the IGA by the County and the
Emergency Service Provider.
4) Eagle County will commence collecting the Emergency Service Impact Fees on
Monday, August 14,2006 pending completion ofa separate IGA with each
participating District.
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the 1 I th day of July, 2006.
COUNTY OF EAGLE, STATE OF
COLORADO, by and through its BOARD OF
COUNTY COMMISSIO RS
ATTEST:
By:
Teak J. Simonton
Clerk to the Board of
County Commissioners
~
By:
Tom . Stone, ommissioner
~
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\. \
,
- /,/~ e
By: ~. .
, Am M. Menconi, Commissioner
Commissioner seconded adoption of the foregoing Resolution. The roll
having been vote was as follows:
Commissioner Peter F. Runyon
Commissioner Tom C. Stone
Commissioner Am M.
This Resolution passed by vote of the Board of County Commissioners of the County
of Eagle, State of Colorado.
Exhibit A
Impact Fee Abstract
Impact fees are based upon a dwelling unit equivalent (DUE). A dwelling unit equivalent is the dumber of dwelling units for
residential properties, 2,000 square feet of nonresidential improvements other than lodging property and, and 800 square feet of
lodging property.
Jurisdiction Capital Annualized DUEs Impact Fee per Per Per Lodging
Improvement Cost DUE Commercial Square Foot
NPV Square
Foot
Greater Eaale 936,193 93,619 156 $ 601.12 $ 0.301 $ 0.751
Basalt 458,317 45,832 71 $ 647.02 $ 0.324 $ 0.809
Gypsum 786,614 78,661 128 $ 616.82 $ 0.308 $ 0.771
WECAD 622,393 62,239 221 $ 281.24 $ 0.141 $ 0.352
WECAD
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Total
Cots 2,700 13,000 11,000 12,000 13,500 52,200
Misc. Ambulance Equipment 5,000 7,500 7,500 7,500 7,500 7,500 7,500 7,500 7,500 7,500 72,500
New Radios 17,000 14,000 5,000 5,000 5,000 46,000
Sigtronics Headsets 5,000 5,000 10,000
Mobile Data Terminals 5,000 5,500 6,000 13,000 29,500
AEDs 9,000 9,000 4,500 4500 27,000
LifePacks and Biphasic Units 25,000 25,000 30000 30000 110,000
New Ambulances 135,000 135,000
Replacement Ambulances 100,000 102500 105000 307,500
Administrative Vehicle Replacement 30000 30,000
Quick Response Vehicle 50,000 50,000
Quick Response Vehicle Replacement 55,000 55,000
Computer Eouioment 12,000 14,000 26,000
Health and Fitness Eouipment 5,000 12,000 5,000 5,000 27,000
Misc. Training Equipment 5,000 5,000 5,500 5,500 5,500 6,000 6,000 6,000 6,500 6,500 57,500
Dotsero Shared Facilitv 450,000 450,000
Eby Creek Facility Improvements 12,000 12,000
Appliances 0 0 12000 12,000
Boiler 15000 15,000
AC Units 6000 6,000
Roof 60000 60,000
Landscapino 10,250 10,250
Building Renovation 25,000 35000 60,000
Furniture 14,000 25,000 20,000 0 59,000
Gypsum Buildino Desion/Build 25,000 1,500,000 1,525,000
Alarm PaneVHeat Detectors 25,000 25,000
Storage Shed 5,000 5,000
117,950 1,588,500 272,000 13,000 251,000 13,500 224,000 18,000 180,500 596,000 3,274,450
Percent Attributed to New Growth
Unincorporated
Unincorporated Net Present Eagle County
Eagle County Value NPV
Cots 1% 37,006 370
Misc. Arnbulance Equipment 8% 51,397 4,112
New Radios 5% 32,610 1,631
Sigtronics Headsets 0% 7,089 -
Mobile Data Terminals 0% 20,913 -
AEDs 15% 19.141 2,871
LifePacks and Biphasic Units 8% 77,981 6,238
New Arnbulances 8% 95,704 7,656
Replacernent Ambulances 10% 217,993 21,799
Adrninistrative Vehicle Replacement 10% 21,268 2,127
Quick Response Vehicle 25% 35,446 8,861
Quick Response Vehicle Replacement 25% 38,991 9,748
Computer Eouipment 10% 18,432 1,843
Health and Fitness Equipment 10% 19,141 1,914
Misc. Trainino Eouiornent 0% 40,763 -
Dotsero Shared Facility 85% 319,013 271,161
Eby Creek Facility Improvements 45% 8,507 3,828
Appliances 0% 8,507 -
Boiler 0% 10,634 -
AC Units 0% 4,254 -
Roof 0% 42,535 -
Landscaping 0% 7,266 -
Building Renovation 10% 42,535 4,254
Furniture 10% 41,826 4,183
Gypsum Building Design/Build 45% 1,081,101 486,496
Alarm Panel/Heat Detectors 0% 17,723 -
Storage Shed 0% 3,545 -
$ 839,092
Gypsum
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Total
Dotsero Light Rescue 55,436 55,436
Brush Truck 66,523 66,523
Remodel Headquarters Station 200,000 200,000 400,000
Heavy Rescue - Lease 55,687 55,687 55,687 55,687 55,687 55,687 55,687 55,687 55,687 501,183
South Station - Albertson Ranch 229,505 229,505
Dotsero Station Shared - Lease 56,170 56,170 56,170 56,170 56,170 56,170 56,170 393,189
Dotsero Engine - Lease 39,991 39,991 39,991 39,991 39,991 39,991 39,991 279,936
Eagle/Gypsum Shared Facility - Lease 64,752 64,752 64,752 64,752 259,009
New Engine 366,756 366,756
UI Pumper 295,021 295,021
Tender 222,649 222,649
Replace Engine 39,991 39,991 39,991 39,991 39,991 39,991 39,991 279,936
Replace Tender 207,845 207,845
Rehabilitation Unit 150,000 150,000
Portable Equipment 16,068 16,631 17,213 17,815 18,439 19,084 19,752 20,443 21,159 21,900 188,504
75 Foot Quint - Lease 127,900 127,900 127,900 383,699
Total 216,068 394,277 302,404 417,499 655,299 433,571 276,343 404,934 772,405 406,390 $ 4,279,190
Percent Attributed to New Growth
Unincorporated
Unincorporated Net Present Eagle County
Eagle County Value NPV
Dotsero Light Rescue 85% 39,300 33,405
Brush Truck 25% 47,159 11,790
Remodel Headquarters Station 5% 283,568 14,178
Heavy Rescue 10% 355,298 35,530
South Station - Albertson Ranch 50% 162,700 81,350
Dotsero Station 85% 278,739 236,928
Dotsero Engine 85% 198,452 168,684
Eagle/Gypsum Shared Facility 10% 183,616 18,362
New Engine 5% 260,000 13,000
UI Pumper 20% 209,146 41,829
Tender 45% 157,840 71,028
Replace Engine 0% 198,452
Replace Tender 10% 147,345 14,735
Rehabilitation Unit 16% 106,338 17,280
Portable Equiprnent 16% 133,634 21,716
75 Foot Quint 3% 272,011 6,800
$ 786,614
Basalt
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Total
Pumper 130,000 I $130,000
Pumper-tender 200,000 ' $200,000
Pumper 200,000 $200,000
Ambulance 100,000 $100,000
Brush Truck 105,000 $105,000
Crew Cab 18,000 $18,000
Brush Truck 100,000 $100,000
Ambulance 80,000 $80,000
Staff Vehicle 36,000 $36,000
Heavy Rescue 350,000 $350,000
Ambulance 120,000 $120,000
Brush Truck 80,000 $80,000
Staff Truck 40,000 $40,000
ALS Jumo Unit 60,000 $60,000
Staff Truck 28,000 $28,000
Ambulance 80,000 $80,000
Service Truck 70,000 $70,000
Concept Truck 340,000 $340,000
Fire Prevention Vehicle 35,000 28,000 $63,000
Station 42 EI Jebell Shoo Area Addition 110,000 $110,000
Station 42 EI Jebell Office 20,000 $20,000
Station 41 Remodel (Basalt) 800,000 $800,000
Station 44 Remodel IOld Snowmass 356,006 $356,006
Station 43 Remodel Thomasville) 250,000 $250,000
New Station - Frvinooan 1,147,523 $1,147,523
New Station - Sooris Mountain 1,300,000 $1,300,000
Sale of Brush 43 2,000) -$2,000
Sale of Ambulance (4,000) -$4,000
Sale of E-41 140,000) -$40,000
Sale of Brush 41 (8,000 -$8,000
Portable Eouioment 11,000 11,440 11,898 12,374 12,868 13,383 13,919 14,475 15,054 15,656 $132,067
378,000 303,440 356,898 1,359,897 508,874 209,383 1,191,919 1,522,475 415,054 15,656 $6,261,596
I Percent Attributed to New Growth
I
I Unincorporated Unincorporated
Net Present Eagle County
Eagle County Value NPV
Pumper I 8% 92,159 7,373
Pumper-tender 8% 141,784 11,343
Pumper 8% 141,784 11,343
Ambulance 5% 70,892 3,545
Brush Truck 13% 74,436 9,677
Crew Cab 10% 12,761 1,276
Brush Truck 13% 70,892 9,216
Ambulance 5% 56,714 2,836
Staff Vehicle 5% 25,521 1,276
Heavy Rescue 10% 248,122 24,812
Ambulance 5% 85,070 4,254
Brush Truck 15% 56,714 8,507
Staff Truck 5% 28,357 1,418
ALS Jump Unit 10% 42,535 4,254
Staff Truck 5% 19,850 992
Ambulance 5% 56,714 2,836
Service Truck 5% 49,624 2,481
Concept Truck 10% 241,032 24,103
Fire Prevention Vehicle 10% 44,662 4,466
Station 42 (EI Jebel) Shop Area Addition 5% 77,981 3,899
Station 42 (EI Jebell Office Area Addition 5% 14,178 709
Station 41 Remodel (Basalt) 15% 567,135 85,070
Station 44 Remodel (Old Snowmass) 2% 252,379 5,048
Station 43 Remodel (Thomasville) 5% 177,230 8,861
New Station - Frvinaoan 15% 813,501 122,025
New Station - Sooris Mountain 10% 921,594 92,159
Sale of Brush 43 0% (1,418) -
Sale of Ambulance 5% (2,836 (142
Sale of E-41 0% (28,357) -
Sale of Brush 41 0% (5,671) -
Portable EQuioment I 5% 93,625 4,681
I $ 458,317
Eagle
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Total
Technical Rescue 6,000 6,000
Rescue Tool 20,000 30000 50,000
Misc. Fire Fighting Equipment 2,000 13,000 13,000 13,000 15,000 15,000 15,000 15,000 15,000 15,000 131,000
Misc. Radio Equipment 10,000 5,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 23,000
AEDs 14,000 21000 35,000
Misc. Medical 500 500 500 500 500 500 500 500 500 500 5,000
Additional Basic Tender 200,000 200,000
Replace 911 260,000 260.000
Replace Staff Vehicle 50,000 50,000
Crew Cab Pickup 50,000 50.000
UI Pumper 300,000 300,000
Station 2 Engine 365,050 365,050
Wolcott Engine 354000 354,000
Gypsum Shared Facility Rescue - Lease 58277.06 58277.06 116,554
Wolcott Tender 220000 220,000
Station 2 Utility/Brush Truck 85,000 85,000
Computer Equipment 8,000 4,000 20000 32,000
PDAs 1,800 1,800
Copier 15,000 15,000
Apparel - Bunker Gear 8,337 8,837 9,368 9,930 10,525 11,157 11,826 12,536 13,288 14,085 109,890
SCBA 3,000 3,000 3,000 10,000 3,000 3000 3000 4000 4000 6000 42,000
Compressor 30,000 30,000
Health and Fitness Equipment 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 10,000
Misc. Training Equipment 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 12,000
Emergency Generator 35,000 35,000
Eagle/Gypsum Shared Facility - Lease 64752.29 64752.29 64752.29 64752.29 259,009
Station 2 Construction - Lease 120,364 120,364 120363 9 120363.9 120363.9 120363.9 120363.9 842,547
Wolcott Land 250000 250,000
Wolcott Station 64,752 64,752 64,752 64,752 64,752 64,752 388,514
Misc. Facilities 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 10,000
376,037 577,537 75,068 613,644 518,342 238,973 638,395 286,104 565,134 398,931 $4,288,364
Percent Attributed to New Growth
Unincorporated
Unincorporated Net Present Eagle County
Eagle County Value NPV
Technical Rescue 15% 4,254 638
Rescue Tool 15% 35,446 5,317
Misc. Fire Fighting Equipment 15% 92,868 13,930
Misc. Radio Equipment 15% 16,305 2,446
AEDs 15% 24,812 3,722
Misc. Medical 0% 3,545
Additional Basic Tender 25% 141,784 35,446
Replace 911 10% 184,319 18.432
Replace Staff Vehicle 0% 35,446
Crew Cab Pickup 2% 35.446 709
Ul Pumper 25% 212,676 53,169
Station 2 Engine 10% 258,791 25,879
Wolcott Engine 80% 250,957 200,766
Gypsum Shared Facility Rescue - Lea 10% 82,627 8,263
Wolcott Tender 45% 155,962 70,183
Station 2 Utility/Brush Truck 10% 60,258 6,026
Computer Equipment 10% 22,685 2,269
PDAs 0% 1,276
Copier 10% 10,634 1,063
Apparel - Bunker Gear 10% 77,903 7,790
SCBA 10% 29,775 2,977
Compressor 10% 21,268 2,127
Health and Fitness Equipment 0% 7,089
Misc. Training Equipment 0% 8,507
Emergency Generator 20% 24,812 4,962
Eagle/Gypsum Shared Facility - Lease 10% 183,616 18,362
Station 2 Construction - Lease 15% 597,298 89,595
Wolcott Land 80% 177,230 141,784
Wolcott Station 80% 275,425 220,340
Misc. Facilities 7,089
$ 936,193
EAGLE COUNTY
EMERGENCY SERVICES
IMP ACT FEE ANALYSIS
GREA TER EAGLE FIRE PROTECTION DISTRICT
GYPSUM FIRE PROTECTION DISTRICT
BASALT & RURAL FIRE PROTECTION DISTRICT
WESTERN EAGLE COUNTY AMBULANCE DISTRICT
REVISED MAY 2006
Public Safety Consultants
1221 Pearl Street
Boulder, Colorado 80302, USA
www.fire-department.com
I
Table of Contents
Table of Contents,.....". ..., ......., ......... .., ......,........... ......................,....,........ .................. ........... .,. ...."................... ...... 2
Notes on the Revision ..., ......... ,.,.... ...... ...... ...,.. ............., ........... ....... .....,........, ,.,................ ....... .......... ....,....., ........... 3
Impact Fees.. ..... ........,.. ....,.. ........ ....,...,.............,.......... ......................., ...... ........, ...."........,.. ..,...... ......., ,............... .... 3
Developers' Rights........., ........ ,....... ..... ........... ............. ,....,..., .....,..".. .,.... ......,., ,...,..,............, ,........,....... .............. 4
Rationale... ,..., ,.... ...... ....., ...... ..... ,......,.. .......,... ........ ......,....... ....... ...... ...... ........, ........... .... ...." ,..... ........., .,., ,.. ........ 4
Impact Fee Standards .......... ...... ..,............." ...... ...." ....... ,...... ,..... ....."....,...,.." ......,....., .......... .......",."..... ..........". 4
Development in Unincorporated Eagle County ......."......................"..,....,....",..,.....,..........,..,...,....,.,..,...........,..,.,..6
Determining the Impact Fee ..,...,....".. .....,. ....,....... ..,....,.......,. ......,....,. ,.............,........ ...... ,.... ...... ........... ...... ...., ....,. II
Capital Improvements... ,...........,... ....... ..... ...... .......,. ..........". .....,.,......., .......,....,.... .........". .,....,.. ,............. .....,..., 12
The Districts' Proposed Fees ......, ,." .....,...,.. .....",..... ,. ,..,.... .........." ............ ,." .....,........ ,., ,.. ..........,........ .......,.. ...,.... 21
2
Notes on the Revision
This report is a revision of the November 2004 Eagle County Emergency Services Impact Fee
Analysis, This revision incorporates the following changes:
. Revised capital improvement plans
. Capital expenditures that were made in 2004 and 2005
. The new boundaries of the Gypsum Fire Protection District
. A new facility shared by the Greater Eagle and Gypsum fire districts
. Sharing of a Dotsero facility by the Gypsum Fire and Western Eagle County
Ambulance districts
. The 2005 revision of the Eagle County Dwelling Unit Analysis
. Changes in proportions of capital equipment use based upon growth within
incorporated areas of Eagle County
. Sale of replaced equipment
Impact Fees
Impact fees are "single payments required to be made by builders or developers at the time of
development and calculated to be the proportionate share of the capital cost of providing major
facilities." Impact fees are used to achieve two primary responsibilities of local government-
land use regulation and provision of public facilities. Impact fees are equitable in that they
help shift the burden of paying for new facilities onto the new development that will directly
benefit from the new facilities.
The premise on which impact fees are based is that development should pay for the cost of
providing the facilities necessary to accommodate growth. The basic underlying principle of
impact fees is that all development which uses up a measurable amount of capacity on public
infrastructure should be responsible to offset or make up for those impacts, Infrastructure is
generally defined as those services necessary for the development of land and provision of
public safety. The costs of projects needed to support growth that are financed with impact
fees are based on some measurement of a development's impact on future needs. Impact fees
are not intended to pay for capital improvements used to correct an existing deficiency or
shortfall.
Impact fees are often used for initial development of the capital facilities needed to provide
water, wastewater, fire suppression and emergency medical services, and transportation
capacity to service new development. Development impact fees are not used for operation,
maintenance, or repair of capital facilities. Capital facilities are generally those facilities that
have a functional life of more than one year, don't change their character with use, and are able
to be discretely described from the rest of the community's assets.
3
Developers' Rights
The developers, and ultimately the end users, have certain rights regarding the implementation
of impact fees. Developers have the right to know what they are paying for because impact
fees can be a significant portion of the cost of developing both residential and commercial
properties. Developers have a right to know that the projects for which they have paid impact
fees will be built. Developers have the right to support impact fees. Developers have the right
to pay for improvements that will benefit their development. Developers also have the right to
expect that their payments will not be diverted to finance improvements not related to growth,
Finally, an important feature of a system of well-defined impact fee charges is the knowledge
that all developers, big and small, will be treated equitably.
Rationale
Prior to the 1960s construction and financing of public facilities to support growth was an
unquestioned civic responsibility. However, fundamental changes occurred which dampened
local government's desire to serve new development:
1. "The quiet revolution" in land use regulation gave state and regional interest a say in
land use
2. Environmental movement lead us to question the faith in, and benefits of new
development
3, Fiscal revolts demanding alternatives to taxation, such as the TABOR Amendment
4, Growth rates in some communities exceeded the communities' fiscal abilities to supply
infrastructure.
Given these changes, public sentiment led to growth paying its own way and impact fees are
one means to achieving that end.
Impact Fee Standards
Impact fees are defined as land development regulations whose purpose is to protect the public,
rather than to raise revenue. The intent of impact fees is not to raise money, but rather, to
ensure that adequate and necessary public infrastructure is provided to development in order to
preserve the public health, safety, and welfare. Because the intent of impact fees is to fund
capital improvements, not general operating expenses, they must be measured against the
standards discussed below.
Several standards have been developed over the years that an impact fee program must meet in
order to pass legal review in Colorado. The first is that new development must not be held to a
higher standard for delivery of services than existing development. The only exception to this
is when the existing deficiencies are in the process of being removed through a funding source
other than impact fees, The impact fees proposed by the districts are designed to maintain the
existing level of service in the community and in the new development and are not anticipated
4
to fund an expansion of services that are not already paid for through ad valorem taxes or
service fees.
The second standard is known as the "Reasonably-Related Standard". This means that at the
time the impact fee is adopted, the amount of the impact fee to be charged must be reasonably
related to the estimated expense of delivering the service or constructing the facility, A new
development may not be charged a higher fee than the estimated cost to provide the additional
service or facility to the entire development. The cost is calculated based on the unique
character, service standards, and needs of each service provider and reflects the cost of capital
infrastructure work done within unincorporated Eagle County. The proposed impact fees meet
the Reasonably-Related Standard in that they were derived from costs associated with
infrastructure directly attributable to anticipated development. That is, the costs were
calculated by proportioning infrastructure use to each development, proposed and existing. For
example, the cost of a new pumper to be stationed in a particular development is not 100
percent of the pumper because it can be used for response to areas outside the new
development. It should also be noted that none of the districts used a "Buy-in" approach where
new development pays for its share of the useful life or remaining capacity of the existing
facilities.
The third standard deals with the manner in which impact fees are collected and used.
Colorado law is specific about the manner in which impact fee revenues may be collected and
spent. Any revenue collected must be used to defray the projected impacts on capital facilities
caused by the new development. Further, any revenue must be used to pay for same type of
improvements for which the impact fee is charged. For instance, impact fees collected for the
impacts to streets can not be used to build parks. The districts' proposed impact fees are
designed to meet this standard by being limited to capital improvements for specific public
safety functions, and by being proportional to the benefit new development enjoys from the
capital improvements.
The fourth standard is the universal application of the fee. Since the impact fee is a fee
charged for services rendered, all new development should pay it. The districts meet this test
by having the impact fee apply to all new development within unincorporated Eagle County. It
should be noted that Greater Eagle, Gypsum and WECAD have separate impact fees within the
towns of Gypsum and Eagle and that Greater Eagle and WECAD span both towns and have
identical fees in both towns. The Basalt & Rural Fire Protection District is pursuing impact
fees in the Town of Basalt. The impact fees for the incorporated and unincorporated areas will
differ due to differing level of service standards in the more urban areas compared to the rural
areas. In the instant cases, the fees need only be universal within the unincorporated portions
of the respective districts.
It should also be noted that this analysis only applies to those areas that are in unincorporated
Eagle County and within each district, which presents a problem in equity as each of the
districts provides service to areas outside its corporate boundaries in so called "no man's land,"
This practice is unfair to residents of Eagle County that are paying for emergency services,
Eagle County should not approve any new development through anything other than use by
right for properties that have not been included into appropriate fire and ambulance districts.
5
Development in Unincorporated Eagle County
In order to develop a sense of the impact of growth, the districts examined growth trends and
development potential in unincorporated Eagle County served by the districts. The fire and
ambulance districts' boundaries are shown in Figure 1 and Figure 2 respectively.
Development trends and built-out in unincorporated Eagle County were also examined, The
districts examined areas of potential development in within their respective jurisdictions.
These areas are shown in Table 1, page 9. The annual percent of build-out for new dwelling
units was then calculated for the County and applied to the unincorporated areas for each
jurisdiction. This was then apportioned in development areas that spanned multiple
jurisdictions. Potential commercial development was then calculated for the areas in question.
Finally, the annual development was corrected to reflect development trends, e.g" while the
Highway 131 area has several potential dwelling sites, Dotsero and Wolcott are expected to
develop faster, These calculations are summarized in Table 2, page 10.
6
FIgure I, Fire DistrIcts
7
Figure 2, Ambulance DIstricts
8
Table 1, Dwelling Units by Area
Use by right Zoned
Total Built Potential Total Allowed Built Potential
Unincorporated Central County 793 19 774 793 788 19 774
Resource 793 19 774 793 788 19 774
Unincorporated Colorado River Road 734 97 637 733 661 97 636
Colorado River Ranch - -
Other 734 97 637 733 661 97 636
Unincorporated Cottonwood Pass 505 16 489 505 506 16 489
Other 505 16 489 505 506 16 489
Unincorporated Dotsero 599 159 440 633 529 159 474
Dotsero Ranch 9 5 4 9 9 5 4
Two Rivers Village/Estates 405 35 370 438 438 35 403
Other 185 119 66 186 82 119 67
Unincorporated Eagle 1,139 582 557 1,997 2,067 586 1,411
OREO Acres 4 4 - 4 4 4
Powell Park 5 5 - 5 5 5 -
Airport - - - -
Red Mountain Ranch 14 2 12 14 14 6 8
Frost Creek 81 81 - 81
Other 1,116 571 545 1,893 1,963 571 1,322
Unincorporated EI Jebel 1,915 1,568 347 2,318 2,226 1,566 752
Fox Run Meadows 24 6 18 22 24 4 18
Harmony View 7 5 2 7 7 5 2
Eagle Dakota 9 9 - 7 9 7
Kodiak Park 4
Diemoz River Ranch 4 - 4 4 4 - 4
Annexed Oak Groves 50 50 - 50 50 50 -
Red Rock Ranch 6 4 2 6 6 4 2
Annexed River Oaks on the Roaring Fork 18 18 - 18 18 16 2
Blue Lake 347 339 8 347 347 339 8
Other 1 ,450 1,137 313 1,853 1,761 1,141 712
Unincorporated Fryingpan 426 210 216 805 740 210 595
Adams Minor 3 1 2 3 3 1 2
Other 423 209 214 802 737 209 593
Unincorporated Gypsum/Airport Area 328 115 213 603 440 115 488
Airport - - - - - -
Fly-In-Eagle - - - - - - -
Spring Creek Acres 2 2 - 2 2 2 -
Carlin Minor - - - - - - -
Other 326 113 213 601 438 113 488
Unincorporated Highway 131 999 79 920 996 916 79 917
Other 999 79 920 996 916 79 917
Unincorporated Wolcott 525 107 418 672 660 107 565
Redsky Ranch 87 9 78 87 87 9 78
Shepard Minor 5 - 5 5 5 - 5
Other 433 98 335 580 568 98 482
9
Table 2, Annual Dwelling Unit Equivalents
Unincorporated Areas
Portion of County Proportional
Proportional Dwelling Unit Commercial Totai
Percent of Build- Annual Dwelling Analysis Region Development Corrected Annual Annual
out Development Protected (sqft) Dwelling Units DUEs
Greater Eag Ie
Unincorporated Eagle 19.87% 41 100.0% 10,000 48 53
Unincorporated Highway 131 12.91% 27 80.0% 2,500 15 16
Unincorporated Gypsum/Airport Area 6.87% 14 33.3% 3,333 7 8
Unincorporated Central County 10.90% 22 25.0% 5,000 6 8
Unincorporated Wolcott 796% 16 50.0% 40,000 50 70
Total 156
Basalt
Unincorporated EI Jebel 10.59% 22 100.0% 5,000 28 31
Unincorporated Cottonwood Pass 6.89% 14 20.0% 3 3
Unincorporated Fryingpan 8.38% 17 100.0% 5,000 35 38
Total 71
Gypsum
Unincorporated Dotsero 6.68% 14 100.0% 40,000 50 70
Unincorporated Central County 10.90% 22 75.0% 15,000 17 24
Unincorporated Colorado River Road 8.96% 18 100.0% 18 18
Unincorporated Gypsum/Airport Area 6.87% 14 66.7% 6,667 11 15
Total 128
WECAD
Unincorporated Eagle 19.87% 41 100.0% 10,000 48 53
Unincorporated Highway 131 12.91% 27 91.0% 2,500 15 16
Unincorporated Gypsum/Airport Area 6.87% 14 100.0% 10,000 18 23
Unincorporated Central County 10.90% 22 100.0% 20,000 20 30
Unincorporated Dotsero 6.68% 14 100.0% 40,000 50 70
Unincorporated Colorado River Road 8.96% 18 100.0% 18 18
Unincorporated Cottonwood Pass 6.89% 14 78.0% 11 11
Total 221
10
Determining the Impact Fee
There are two distinct yet equally valid methodologies for calculating impact fees inductive
and deductive.
The inductive approach employs calculation of the impact cost by determining the cost and the
capacity of a particular facility and identifying it as the model for all future facilities, What is
known is the cost and capacity of a particular facility, what is unknown is the base amount that
will require use of the facilities and, thus, the total magnitude of those required facilities.
As an example, according to the National Fire Protection Association standards, an Urban I
(highly urbanized area with a career fire department) fire station can meet the needs of a
residential population of 15,000 residents. An Urban I station can also serve 9,375,000 square
feet of commercial/industrial space, or any pro-rata combination of residential and commercial.
The cost and service capacity of the facility is known, but the amount of additional residents
and industrial/commercial feet at build-out of the agency are the unknowns.
The primary advantage of using this approach is that it is absolute; when 9,375,000 square feet
of commercial, industrial, or office space or 15,000 residents (or any combination of the two),
are added, there will be adequate monies for one Urban I station. However, the typical station
may not meet the special needs of the community. For example, a fire department with a
service standard of a five-minute response to all emergencies may have part of its service area
in the mountains with estate lots of an acre or more and another part of its area might be
flatland, with four homes to the acre. To meet the community standard of five-minute response
to all emergencies the stations built in the mountainous portion of the district may only support
500 homes, although a station in the flatland area can meet the demands of some 2,000 homes.
A second advantage of this methodology is that major changes to general plan growth
estimates do not affect the calculations. It matters little how much residential, commercial, or
industrial properties are constructed. The new development pays its pro rata share of the need
based upon the model. Such a system is, in effect, a no-fault impact-fee determination.
The disadvantages to this method of fee calculation are threefold. First, the fee is based on the
service capabilities of a typical model, generally a conservative one that does not take into
consideration unusual or special needs of the community. Second, such a method focuses on
the final product, a fire station, but ignores overhead or support facilities such as fire
administration offices, maintenance facilities, and vehicles. Finally, before construction, the
districts must know how much of the financing for the facility is to be paid from the
accumulated impact fees and what needs to come from other resources.
The deductive approach involves calculating the impact cost by determining the additional
demand on a facility or infrastructure from additional population and commercial and
industrial square footage. The amount of growth is based upon the County's general plan and
zoning, The specific facilities, identified by a master plan, capital facilities plan, or policy, that
are needed as a result of growth are also determined.
11
The specific facilities, including the cost and any unusual circumstances that determine the
need for those specific facilities, are determined, The potential base of undeveloped property
is used to distribute the resulting costs. The use of this method explains the difference of fees
from one public agency to another public agency, The impact fee calculated by the deductive
method is a function of the specifics of geography and the locally defined levels of service.
The deductive method requires a greater level of detail than the inductive method of
computation and is the basis for the districts' approach to determining impact fees.
The advantage of the deductive calculation of the impact fee is the ability to accommodate the
uniqueness of each agency and meet Colorado's "Reasonably-Related Standard" requirements.
The deductive approach is used because the districts are not a homogeneous collection of
average service areas. The deductive calculation requires proactive planning and estimating
and therefore is subject to frequent updating due to changes in density, land use, and other
factors. Eagle County's impact fee ordinance considers this by codifying reviews of the
districts' long-range plans in relation to the County's development and service standards.
The disadvantages of this method include the need for a considerable amount of effort to
generate the information necessary for the impact-fee calculations. In addition, deductively
calculated fees require more frequent updates, because it may not be possible to determine the
exact extent or location of growth.
Capital Improvements
Each district provided a capital improvement plan, which addressed service needs for new and
existing development. These capital improvement plans are shown in tables 3 through 6 (
pages 14 through 17).
The next step in the analysis was dealing with the problem of constant dollars. This was done
by discounting. Discounting is a formal method for assessing the present value of a benefit (or
cost) received at a future date. Simply put, a dollar received today is worth more than a dollar
received next year. Discounting takes timing into account by reducing a single future benefit
(or cost) or a series of costs and benefits into a single present value equivalent. Thus, a future
benefit or cost is adjusted downward or discounted to make it comparable to similar benefits or
costs occurring in the current period. In order to determine the current costs, the districts used
a net present value calculation.
The net present value of each ten-year capital improvement plan was calculated for each item
as a stream of payments. Therefore, when capital construction is financed using an amortized
loan, the stream of payments is consistent from year to year. Conversely, when items are paid
for in cash, inflation is included into the payment stream. A proportionality constant was then
determined for each item. That is, the proportion of the item's use to service new growth was
calculated. These calculations were based upon the proportion of service calls projected for
new growth.
Capital improvements, and financing costs for capital improvements, that are existing or will
not be used to serve new growth were assigned a proportionality constant of zero, As
12
mentioned above, capital improvements will serve existing development as well as new
growth. Therefore, no one capital improvement had a proportionality constant on one,
In addition, those portions of capital improvements that will serve new development in the
towns of Basalt, Eagle and Gypsum are not included in the proportionality constant. Those
towns are already, or will be, collecting impact fees for the districts within their corporate
boundaries. The proportionality constants and proportional net present values are shown in
tables 7 through 10 (pages 18 through 21),
(This space left intentionally blank)
13
Table 3, Greater Eagle Capital Improvement Plan
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Total
Technical Rescue 6,000 6,000
Rescue Tool 20,000 30,000 50,000
Misc. Fire Fighting Equipment 2,000 13,000 13,000 13,000 15,000 15,000 15,000 15,000 15,000 15,000 131,000
Misc. Radio Equipment 10,000 5,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 23,000
AEDs 14,000 21,000 35,000
Misc, Medical 500 500 500 500 500 500 500 500 500 500 5,000
Additional Basic Tender 200,000 200,000
Replace 911 260,000 260,000
Replace Staff Vehicle 50,000 50,000
Crew Cab Pickup 50,000 50,000
UI Pumper 300,000 300,000
Station 2 Engine 365,050 365,050
Wolcott Engine 354,000 354,000
Gypsum Shared Facility Rescue - Lease 58,277 58,277 116,554
Wolcott Tender 220,000 220,000
Station 2 Utility/Brush Truck 85,000 85,000
Computer Equipment 8,000 4,000 20,000 32,000
PDAs 1,800 1,800
Copier 15,000 15,000
Apparel - Bunker Gear 8,337 8,837 9,368 9,930 10,525 11,157 11,826 12,536 13,288 14,085 109,890
SCBA 3,000 3,000 3,000 10,000 3,000 3,000 3,000 4,000 4,000 6,000 42,000
Compressor 30,000 '30,000
Health and Fitness Equipment 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 10,000
Misc. Training Equipment 1,200 1,200 1,200 1,200 1,200 1,200 1.200 1,200 1,200 1,200 12,000
Emergency Generator 35,000 35,000
Eagle/Gypsum Shared Facility - Lease 64,752 64,752 64,752 64,752 259,009
Station 2 Construction - Lease 120,364 120,364 120,364 120,364 120,364 120,364 120,364 842,547
Wolcott Land 250,000 250,000
Wolcott Station 64,752 64,752 64,752 64,752 64,752 64,752 388,514
Misc, Facilities 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 10,000
376,037 577,537 75,068 613,844 518,342 238,973 638,395 286,104 565,134 398,931 $ 4.288,364
14
Table 4, Basalt Capital Improvement Plan
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Total
Pumper 130,000 130,000
Pumper-tender 200,000 200,000
Pumper 200,000 200,000
Ambulance 100,000 100,000
Brush Truck 105,000 105,000
Crew Cab 18,000 18,000
Brush Truck 100,000 100,000
Ambulance 80,000 80,000
Staff Vehicle 36,000 36,000
Heavy Rescue 350,000 350,000
Ambulance 120,000 120,000
Brush Truck 80,000 80,000
Staff Truck 40,000 40,000
ALS Jump Unit 60,000 60,000
Staff Truck 28,000 28,000
Ambulance 80,000 80,000
Service Truck 70,000 70,000
Concept Truck 340,000 340,000
Fire Prevention Vehicle 35,000 28,000 63,000
Station 42 (EI Jebel) Shop Area Addition 110,000 110,000
Station 42 (EI Jebel) Office Area Addition 20,000 20,000
Station 41 Remodel (Basalt) 800,000 800,000
Station 44 Remodel (Old Snowmass) 356,006 356,006
Station 43 Remodel (ThomasviUe) 250,000 250,000
New Station - Fryingpan 1,147,523 1,147,523
New Station - Sporis Mountain 1,300,000 1,300,000
Sale of Brush 43 (2,000) (2,000)
Sale of Ambulance (4,000) (4,000)
Sale of E-41 (40,000) (40,000)
Sale of Brush 41 (8,000) (8,000)
Portable E ui ment 11,000 11,440 11,898 12,374 12,868 13,383 13,919 14,475 15,054 15,656 132,067
378,000 303,440 356,898 1,359,897 508,874 209,383 1,191,919 1,522,475 415,054 15,656 $ 6,261,596
15
Table 5, Gypsum Capital Improvement Plan
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Total
Dotsero Light Rescue
Brush Truck 2,009 2,009
Remodel Headquarters Station 200,000 200,000 400,000
Heavy Rescue - Lease 55,687 55,687 55,687 55,687 55,687 55,687 55,687 55,687 55,687 501,183
South Station - Albertson Ranch 5,000 5,000
Dotsero Station Shared - Lease 56,170 56,170 56,170 56,170 56,170 56,170 56,170 393,189
Dotsero Engine - Lease 39,991 39,991 39,991 39,991 39,991 39,991 39,991 279,936
Eagle/Gypsum Shared Facility - Lease 64,752 64,752 64,752 64,752 259,009
New Engine 27,000 27,000
UI Pumper 30,000 30,000
Tender
Replace Engine 39,991 39,991 39,991 39,991 39,991 39,991 39,991 279,936
Replace Tender
Rehabilitation Unit 150,000 150,000
Portable Equipment 55,000 55,000 110,000
75 Foot Quint - Lease 127,900 127,900 127,900 383,699
Total 200,000 257,696 115,687 191,838 371,838 191,838 256,591 384,490 466,490 384,490 $ 2,820,960
16
Table 6, WECAD Capital Improvement Plan
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Total
Cots 2,700 13,000 11,000 12,000 13,500 52,200
Misc. Ambulance Equipment 5,000 7,500 7,500 7,500 7,500 7,500 7,500 7,500 7,500 7,500 72,500
New Radios 17,000 14,000 5,000 5,000 5,000 46,000
Sigtronics Headsets 5,000 5,000 10,000
Mobile Data Terminals 5,000 5,500 6,000 13,000 29,500
AEDs 9,000 9,000 4,500 4500 27,000
LifePacks and Biphasic Units 25,000 25,000 30000 30000 110,000
New Ambulances 135,000 135,000
Replacement Ambulances 100,000 102500 105000 307,500
Administrative Vehicle Replacement 30000 30,000
Quick Response Vehicle 50,000 50,000
Quick Response Vehicle Replacement 55,000 55,000
Computer Equipment 12,000 14,000 26,000
Health and Fitness Equipment 5,000 12,000 5,000 5,000 27,000
Misc, Training Equipment 5,000 5,000 5.500 5,500 5,500 6,000 6,000 6,000 6,500 6,500 57,500
Dotsero Shared Facility 450,000 450,000
Eby Creek Facility Improvements 12,000 12,000
Appliances 12000 12,000
Boiler 15000 15,000
AC Units 6000 6,000
Roof 60000 60,000
Landscaping 10,250 10,250
Building Renovation 25,000 35000 60,000
Furniture 14,000 25,000 20,000 59,000
Gypsum Building Design/Build 25,000 1,500,000 1,525,000
Alarm Panel/Heal Detectors 25,000 25,000
Stora e Shed 5,000 5,000
117,950 1,588,500 272,000 13,000 251,000 13,500 224,000 18,000 180,500 596,000 $ 3,274,450
17
Table 7, Greater Eagle Proportionality
Percent Attributed to New Growth
Unincorporated
Unincorporated Net Present Eagle County
Eagle County Value NPV
Technical Rescue 15% 4,254 638
Rescue Tool 15% 35,446 5,317
Misc. Fire Fighting Equipment 15% 92,868 13,930
Misc, Radio Equipment 15% 16,305 2,446
AEDs 15% 24,812 3,722
Misc. Medical 0% 3,545 -
Additional Basic Tender 25% 141,784 35,446
Replace 911 10% 184,319 18,432
Replace Staff Vehicle 0% 35,446 -
Crew Cab Pickup 2% 35,446 709
UI Pumper 25% 212,676 53,169
Station 2 Engine 10% 258,791 25,879
Wolcott Engine 80% 250,957 200,766
Gypsum Shared Facility Rescue - Lease 10% 82,627 8,263
Wolcott Tender 45% 155,962 70,183
Station 2 Utility/Brush Truck 10% 60,258 6,026
Computer Equipment 10% 22,685 2,269
PDAs 0% 1,276 -
Copier 10% 10,634 1,063
Apparel - Bunker Gear 10% 77,903 7,790
SCBA 10% 29,775 2,977
Compressor 10% 21,268 2,127
Health and Fitness Equipment 0% 7,089 -
Misc. Training Equipment 0% 8,507 -
Emergency Generator 20% 24,812 4,962
Eagle/Gypsum Shared Facility - Lease 10% 183,616 18,362
Station 2 Construction - Lease 15% 597,298 89,595
Wolcott Land 80% 177,230 141,784
Wolcott Station 80% 275,425 220,340
Misc. Facilities - 7,089 -
$ 936,193
18
Table 8, Basalt Proportionality
Percent Attributed to New Growth
Unincorporated
Unincorporated Net Present Eagle County
Eagle County Value NPV
Pumper 8% 92,159 7,373
Pumper-tender 8% 141,784 11,343
Pumper 8% 141,784 11,343
Ambulance 5% 70,892 3,545
Brush Truck 13% 74,436 9,677
Crew Cab 10% 12,761 1,276
Brush Truck 13% 70,892 9,216
Ambulance 5% 56,714 2,836
Staff Vehicle 5% 25,521 1,276
Heavy Rescue 10% 248,122 24,812
Ambulance 5% 85,070 4,254
Brush Truck 15% 56,714 8,507
Staff Truck 5% 28,357 1,418
ALS Jump Unit 10% 42,535 4,254
Staff Truck 5% 19,850 992
Ambulance 5% 56,714 2,836
Service Truck 5% 49,624 2,481
Concept Truck 10% 241,032 24,103
Fire Prevention Vehicle 10% 44,662 4,466
Station 42 (EI Jebel) Shop Area Addition 5% 77,981 3,899
Station 42 (EI Jebel) Office Area Addition 5% 14,178 709
Station 41 Remodel (Basalt) 15% 567,135 85,070
Station 44 Remodel (Old Snowmass) 2% 252,379 5,048
Station 43 Remodel (Thomasville) 5% 177 ,230 8,861
New Station - Fryingpan 15% 813,501 122,025
New Station - Sporis Mountain 10% 921,594 92,159
Sale of Brush 43 0% (1,418) -
Sale of Ambulance 5% (2,836) (142 )
Sale of E41 0% (28,357) -
Sale of Brush 41 0% (5,671 ) -
Portable Equipment 5% 93,625 4,681
$ 458,317
19
Table 9, Gypsum Proportionality
Percent Attributed to New Growth
Unincorporated
Unincorporated Net Present Eagle County
Eagle County Value NPV
Dotsero Light Rescue 85% 39,300 33,405
Brush Truck 25% 47,159 11 ,790
Remodel Headquarters Station 5% 283,568 14,178
Heavy Rescue 10% 355,298 35,530
South Station - Albertson Ranch 50% 162,700 81,350
Dotsero Station 85% 278,739 236,928
Dotsero Engine 85% 198,452 168,684
Eagle/Gypsum Shared Facility 10% 183,616 18,362
New Engine 5% 260,000 13,000
UI Pumper 20% 209,146 41,829
Tender 45% 157,840 71,028
Replace Engine 0% 198,452 -
Replace Tender 10% 147,345 14,735
Rehabilitation Unit 16% 106,338 17,280
Portable Equipment 16% 133,634 21,716
75 Foot Quint 3% 272,011 6,800
$ 786,614
20
Table 10, WECAD Proportionality
Percent Attributed to New Growth
Unincorporated
Unincorporated Net Present Eagle County
Eagle County Value NPV
Cots 1% 37,006 370
Misc. Ambulance Equipment 8% 51,397 4,112
New Radios 5% 32,610 1,631
Sigtronics Headsets 0% 7,089 -
Mobile Data Terminals 0% 20,913 -
AEDs 15% 19,141 2,871
LifePacks and Biphasic Units 25% 77,981 19,495
New Ambulances 25% 95,704 23,926
Replacement Ambulances 10% 217,993 21,799
Administrative Vehicle Replacement 10% 21,268 2,127
Quick Response Vehicle 25% 35,446 8,861
Quick Response Vehicle Replacement 25% 38,991 9,748
Computer Equipment 10% 18,432 1,843
Health and Fitness Equipment 10% 19,141 1,914
Misc. Training Equipment 0% 40,763 -
Dotsero Shared Facility 85% 319,013 271,161
Eby Creek Facility Improvements 10% 8,507 851
Appliances 0% 8,507 -
Boiler 0% 10,634 -
AC Units 0% 4,254 -
Roof 0% 42,535 -
Landscaping 0% 7,266 -
Building Renovation 10% 42,535 4,254
Furniture 10% 41,826 4,183
Gypsum Building Design/Build 23% 1,081,101 243,248
Alarm Panel/Heat Detectors 0% 17,723 -
Storage Shed 0% 3,545 -
$ 622,393
The Districts' Proposed Fees
The districts examined the projected growth for those unincorporated areas served by each of
the respective districts. These growth projections were then annualized. The infrastructure
necessary to provide service to their jurisdictions was then determined. The costs of the
facilities and equipment required to continue current service levels were also determined, The
proportion of infrastructure devoted to new development was determined and then allocated on
a pro rata basis. Finally, units for measurement of impact using square footage of
nonresidential buildings and dwelling units for residential properties were then determined. In
21
the districts' cases one dwelling unit is equivalent to 2,000 square feet of nonresidential
improvements, and 800 square feet ofIodging property.
Using this method, the impact fees in Table 11 were calculated.
Table 11, Impact Fees
Capital
Improvement Annualized Impact Fee
Jurisdiction NPV Cost DUEs per DUE
Greater Eagle 936,193 93,619 156 $ 601.12
Basalt 458,317 45,832 71 $ 647.02
Gypsum 786,614 78,661 128 $ 616,82
WECAD 622,393 62,239 221 $ 281.24
Finally, the districts checked the reasonableness of the proposed impact fees by calculating
what existing residents previously invested in infrastructure to achieve current service levels,
the "buy-in" method. In 2004, Greater Eagle had an investment of $2,939,000 among an
estimated 2,650 dwelling unit equivalents, which resulted in an "existing impact fee" of
$1,109. Basalt had an investment of $7,076,468 among an estimated 6,200 dwelling unit
equivalents, which resulted in an "existing impact fee" of$I,141.37. Gypsum had an
investment of$I,250,000 among an estimated 1,300 dwelling unit equivalents, which resulted
in an "existing impact fee" of $962. WECAD had an existing investment of $1 ,430,000 among
an estimated 4,555 dwelling unit equivalents, which resulted in an "existing impact fee" of
$314. Therefore, the proposed impact fees are less than what existing property owners paid to
capitalize the districts' infrastructure.
22
EXHIBIT 'B'
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE COUNTY OF EAGLE, COLORADO AND
DISTRICT,
CONCERNING THE COLLECTION, PAYMENT AND
USE OF EMERGENCY SERVICE IMP ACT FEES.
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this
day of , 2006, by and between the County of Eagle, Colorado ("County")
and District ("District"), a special district of the State
of Colorado.
RECITALS
WHEREAS, Eagle County is a statutory county and political subdivision of the
State of Colorado operating pursuant to Title 30, C.R.S; and
WHEREAS, the District is a quasi-municipal government and political subdivision
of the State of Colorado operating pursuant to Article 1, Title 32, C.R.S., to provide
[prevention and extinguishment of fire, protection of life and property from fire,
enforcement of fire prevention codes, hazardous materials response, and other emergency
services authorized by statute or typically provided by a public fire department]
[emergency medical, rescue or ambulance services] (collectively, "Emergency Services")
within Eagle County; and
WHEREAS, Article XI, Section 7, of the Colorado Constitution allows the State
and its political subdivisions to give direct or indirect assistance to any other political
subdivision as may be authorized by general statutes; and
WHEREAS, Article XIV, Section 18(2)(a) of the Colorado Constitution supports
the cooperation or contracting by or among any of its political subdivisions to provide
any function or facility lawfully authorized to each of the cooperating units, including,
without limitation, the sharing of costs, the imposition of taxes, or the incurring of debts;
and
WHEREAS, Sections 29-1-201 and 203, c.R.S., permit and encourage
governmental entities to make the most efficient and effective use of their powers and
responsibilities by cooperating and contracting with other governmental entities to
provide any function, service or facility lawfully authorized to each, including the sharing
of costs; and
F:\Emergency Providers Impact Fee LUR Arnd\lmpact Fee Fire
lOA v5.DOC
WHEREAS, the Local Government Land Use Control Enabling Act of 1974
authorizes and encourages local governments to cooperate or contract with other units of
government for the purpose of regulating the development of land, including the impacts
resulting therefrorn; and
WHEREAS, Section 29-20-104.5 authorizes counties and municipalities to impose
an impact fee as a condition of issuance of a development permit to offset the costs of
providing any capital facility directly related to any service the county or municipality is
authorized to provide, that has a useful life of at least five years, and is required by
charter or general policy of the county or municipality; and
WHEREAS, new development within the County is placing significant additional
demands on the provision of Emergency Services and the capital facilities necessary to
provide them; and
WHEREAS, the volume and pace of land development in the County threatens the
provision of adequate Emergency Services and facilities; and
WHEREAS, the County acknowledges that without the assistance of the County in
collecting the Emergency Service Impact Fees and their expenditure on necessary public
facilities to provide the Emergency Services, citizens of the County would suffer the
result of decreased levels of Emergency Services; and
WHEREAS, pursuant to Resolution No. 2006-015 the Board of County
Commissioners of the County has adopted as part of the Eagle County Land Use
Regulations Section 4-720, Emergency Service Impact Fees, which Section provides a
program of Emergency Service Impact Fees to be imposed on development which
generates a need for additional Emergency Service Capital Improvements; and
WHEREAS, pursuant to Resolution No. 2006- the Board of County
Commissioners has established applicable amounts of such Emergency Service Impact
Fees for the District; and
WHEREAS, the Eagle County Board of County Commissioners, upon
consideration of the impacts of land developments within the County on the ability of the
District to provide adequate Emergency Services and related capital facilities within the
County, have determined that it is in the best interests of the citizens of the County and
the District to cooperatively and in a coordinated fashion utilize the revenues from the
County's Emergency Services Impact Fees to fund expenditures by the County on capital
facilities needed to provide Emergency Services to new development;
NOW, THEREFORE, in consideration of the Recitals stated above, and the
mutual covenants and promises of the parties hereto, the receipt and sufficiency of which
is acknowledged, the County and the District agree as follows:
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SECTION 1.
PURPOSE
The purpose of this Agreement is to provide for the joint and cooperative funding
of expenditures by the parties on capital facilities needed to provide Emergency Services
to new development occurring within the County, and thereby carry out the purposes and
intent of Eagle County Resolution Nos. 2006-015 and ("the Impact Fee
Resolutions"). Terms used in this Agreement and not defined herein shall have the
meanings given to them in the Impact Fee Resolutions.
SECTION 2.
IMPOSITION AND COLLECTION OF AN
EMERGENCY SERVICE IMPACT FEE
2.1 During the term of this Agreement, the County shall impose an Emergency
Service Impact Fee on each Lot (or other portion) of a Development upon the
Commencement of the Emergency Service-Generating Development and paid at the time
of issuance of a Building Permit.
2.2 For requests for Development approvals that are processed by the County
Community Development Department, the required Emergency Service Impact Fee shall
be collected by the Community Development Department prior to such approval and
transferred to the District as provided herein.
2.3 The County shall not issue a Development approval for a development
activity subject to the County's Emergency Service Impact Fees until the applicant
provides proof of the applicant's payment of the County's Emergency Service Impact
Fee.
2.4 The Board of County Commissioners may waive the applicable Emergency
Service Impact Fee on the development of low or moderate-income housing or affordable
employee housing as defined in Section 4-710 of the Eagle County Land Use
Regulations, and pursuant to c.R.S. 29-20-104.5(5).
SECTION 3.
ADMINISTRATION AND EXPENDITURE OF EIUERGENCY
SERVICE IMPACT FEE REVENUES
3.1 When an Impact Fee is paid to the County by a developer, such funds shall
be transferred by the County to the District within sixty (60) days following receipt of
such funds, less six percent (6%) of the fee as an administrative fee to offset the County's
costs of collecting and administering the fee. The County hereby appoints and designates
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the District as the County's designee and agent for purposes of administering and
expending the Emergency Service Impact Fees as provided herein.
3.2 Upon receipt, the District shall deposit the County's Emergency Service
Impact Fees in an interest-bearing account identifying the lot, development activity and
development approval for which the Emergency Service Impact Fee was collected and
the associated category, account, or fund of capital expenditure for which such
Emergency Service Impact Fee was imposed. Any interest or other income earned on
moneys deposited in the interest-bearing account shall be credited to the account.
3.3 The District shall use the County's Emergency Service Impact Fees to
jointly fund, in combination with the District funds, the capital facilities necessary to
provide the Emergency Services needed to serve the development, as contemplated by
the Eagle County Emergency Services Impact Fee Analysis for the Greater Eagle Fire
Protection District, Gypsum Fire Protection District, Basalt and Rural Fire Protection
District, and Western Eagle County Ambulance District, dated July 11, 2006, prepared by
Public Safety Consultants, or any updated, amended or replacement analysis adopted by
the County ("Impact Fee Analysis").
3.4 The District may only utilize the County's Emergency Service Impact Fee
revenues for planning, preliminary architectural and engineering services, architectural
and engineering design studies, land surveys, land acquisition, site improvements and off-
site improvements associated with new or expanded facilities; the construction of
buildings and other facilities; and the purchase of apparatus and equipment, including
communications equipment, with an average useable life of at least five (5) years. No
Emergency Service Impact Fees shall be used for periodic or routine maintenance of
facilities and equipment, personnel costs, or operational expenses, or any purpose not
otherwise authorized by Section 29-20-104.5, C.R.S..
3.5 In the event bonds or similar debt instruments are used to fund Emergency
Service Capital Improvements necessary to provide the Emergency Services to a
development within the County prior to collecting the Emergency Service Impact Fees
associated with the development, once collected the County Emergency Service Impact
Fees may be used to pay debt service on such bonds or similar debt instruments.
3.6 The District shall account for all County Emergency Service Impact Fees
collected pursuant to this Agreement in the manner required by Sections 29-1-801, et
seq., C.RS., and other applicable law.
3.7 The District shall establish and maintain a separate accounting system to
ensure that all County Emergency Service Impact Fees administered by the District
pursuant to this Agreement are expended for the purposes set forth in this Agreement.
No less than annually, and more frequently as may be reasonably requested by the
County, the District shall provide the County an accounting of all County Emergency
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Service Impact Fees collected, held and expended and otherwise administered by the
District on behalf of the County. The District shall also provide to the County no later
than December 1 of each year a report of anticipated expenditures of the County
Emergency Service Impact Fees for the coming year.
3.8 The expenditure of revenues from the County Emergency Service Impact
Fees shall constitute expenditure by the County for assisting in the provision of
Emergency Services to new development within the County. In exchange for the
County's expenditure of the Emergency Service Impact Fees to jointly fund capital
facilities in cooperation with the District, the County shall obtain an ownership interest in
the capital facilities funded by such Emergency Service Impact Fees, proportional to the
amount of County Emergency Service Impact Fees utilized to fund the capital facility.
3.9 In exchange for the continued provision of the Emergency Services within
the County by the District, the County hereby assigns to the District the County's interest
in any and all capital facilities funded in whole or part by the County's Emergency
Service Impact Fees, for the life of the capital facility. The District shall operate and
maintain the capital facilities in good condition, subject to reasonable wear and tear. This
section shall survive and remain in effect notwithstanding the termination of this
Agreement or repeal or amendment of the Impact Fee Resolutions for so long as the
District continues to use the capital facilities to provide the Emergency Services to the
development which paid the County's Emergency Service Impact Fees. Upon the
expiration of the useful life of the capital facilities, any remaining County interest shall
automatically transfer to the District.
SECTION 4.
LIABILITY AND INDEMNIFICATION
4.1 Any other provisions of this Agreement notwithstanding, if the County is
required to make any refund of any Emergency Service Impact Fee, the District shall
reimburse the County for the required refund. The District shall indemnify, defend and
hold the County and its officers, agents and employees harmless from and against any
and all claims or liability arising from the County's implementation of this Agreement; or
the administration and expenditure by the District of any of the County's Emergency
Service Impact Fees. Specifically, this indemnification shall include, but not be limited
to, any legal action by any party contesting this Agreement or the Impact Fee Resolutions
on the grounds of unconstitutionality, lack of authority, or preemption by State law. The
District shall also indemnify, defend and hold the County, and its officers, agents and
employees, harmless from and against any and all claims arising from any breach or
default in the performance of the obligations on the District's part to be performed under
the provisions of this Agreement, or arising from any intentional acts, negligence or
omissions of the District or any of its officers, agents, and employees. Such
indemnification by the District as provided in this Section shall include all costs,
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attorneys' fees, expenses and liabilities incurred in the defense of any claim or any action
or proceeding brought on any such claim. Provided, however, nothing contained herein
waives or is intended to waive any protections that may be applicable to the District
under the Governmental Immunity Act, Section 24-10-101, et seq" C.R.S., or any other
rights, protections, immunities, defenses or limitations on liability provided by law, and
subject to any applicable provisions of the Colorado Constitution and applicable laws. In
the event the County is named as a party in any legal action, in consultation with the
County, the District shall select legal counsel to represent the County in such action.
SECTION 5.
TERM OF AGREEMENT
The term of this Agreement shall commence upon execution of this Agreement
and shall continue until the Impact Fee Resolutions are repealed. Provided, however,
either party may terminate this Agreement upon giving at least ninety (90) days written
notice of such intent to terminate to the other party. This Agreement is also subject to
annual appropriation by either party of sufficient funds necessary to carry out the
obligations of the party. Upon termination the District shall promptly return to the
County all County Emergency Service Impact Fees and interest accrued thereon that have
not been expended on capital facilities under this Agreement, and each party shall have
no further obligations under this Agreement, subject to the continued validity of Sections
3.8 and 3.9 as to capital facilities funded prior to such termination in whole or in part by
the expenditure of County Emergency Service Impact Fees.
SECTION 6.
REMEDIES
6.1 Time is of the essence in this Agreement.
6.2 If a party violates or breaches or fails to keep or perform any covenant,
agreement, term or condition of this Agreement at the time designated; or in the event a
party is in default or in violation of a term of this Agreement for which no specific time is
designated, and the default or violation continues or is not remedied within thirty (30)
days after notice in writing is given by the non-breaching party to the other party
specifying the matter claimed to be in default, the non-breaching party shall be entitled to
pursue all remedies available at law or in equity to enforce the terms of this Agreement,
including the right of specific performance. Provided, however, with respect to any
default that cannot be cured within thirty (30) days, such legal remedies shall not be
pursued if the breaching party takes all steps necessary to cure the default within such
period and thereafter continuously exercises due diligence to cure the default.
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6.3 The County shall use its best efforts to collect the Emergency Service
Impact Fees and withhold Development approvals until the Emergency Service Impact
Fees are paid as provided in this Agreement; however, inadvertent failure to do so by the
County shall not give rise to any liability by the County. The County's failure to collect
the Emergency Service Impact Fees or the County's issuance of Development approval
without first receiving the Emergency Service Impact Fees shall not constitute a waiver
of the County's authority to collect such fees. In such case, the non-collected Emergency
Service Impact Fees shall remain valid obligations and the County and the District shall
cooperate to take such actions as are necessary to facilitate the collection of the same,
including without limitation, and to the extent legally permissible, suspending or
revoking any permission to develop land previously granted.
SECTION 7.
NOTICES
7.1 All notices that may be required or given pursuant to this Agreement by a
party to the other, shall be deemed to have been fully given when made in writing and
deposited in the United States first class mail, postage prepaid, and addressed as follows:
DISTRICT EAGLE COUNTY
Director of Community Development
Eagle County Community Development
Department
P.O. Box 850
Eagle, Colorado 81631
7.2 The address to which any notice or other writing may be given to any party
as above provided may be changed by written notice given by such party as above
provided.
SECTION 8.
MISCELLANEOUS PROVISIONS
8.1 This Agreement is expressly conditioned upon the continuance in force of
the Impact Fee Resolutions. In the event the Impact Fee Resolutions are repealed or
amended in a manner that is inconsistent with the terms of this Agreement, this
Agreement shall terminate.
8.2 No modification or waiver of this Agreement or any covenant, condition or
provision contained herein shall be valid unless in writing and duly executed by all
parties.
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8.3 This written Agreement embodies the whole Agreement between the
parties and there are no inducements, promises, terms, conditions or other obligations
made or entered into by the parties other than those contained herein.
8.4 This Agreement shall be binding upon the parties hereto, the respective
successors or assigns, and may not be assigned by any party without the express written
consent of the other party.
8.5 All terms contained in this Agreement are severable and in the event that
any of them shall be held invalid by a court of competent jurisdiction, this Agreement
shall be interpreted as if such invalid term or condition is not contained herein.
8.6 The signatories to this Agreement affirm and warrant that they are fully
authorized to enter into and execute this Agreement, and all necessary actions, notices,
meetings and/or hearings pursuant to any law required to authorize their execution of this
Agreement have been made.
8.7 This Agreement may be amended from time to time by written Agreement
duly authorized by all the parties to this Agreement.
8.8 This Agreement does not and shall not be deemed to confer upon or grant
to any third party any right enforceable at law or equity arising out of any term, covenant,
or condition herein or the breach thereof.
8.9 This Agreement, or a memorandum of this Agreement, may be recorded in
the records of the Eagle County Clerk and Recorder.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first above written.
COUNTY OF EAGLE, STATE OF COLORADO
By and Through its Board of County
Commissioners
ATTEST: By:
Peter F. Runyon, Commissioner, Chairman
Clerk of the Board of County
Commissioners
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, a
Colorado special district, acting by and
through its Board of Directors
By
, Chairman
Attest:
, Secretary
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