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Minutes 01/22/08 PUBLIC HEARING January 22, 2008 Present: Peter Runyon Sara Fisher Am Menconi Bruce Baumgartner Bryan Treu Robert Morris Teak Simonton Chairman Commissioner Commissioner County Manager County Attorney Deputy County Attorney Clerk to the Board Absent: Sara Fisher Commissioner This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Executive Session It was moved, seconded and unanimously agreed to go into Executive Session for the purpose of receiving legal advice and discussing matters subject to negotiations and personnel issues; land purchase negotiations and child protection issues which are appropriate topics for discussion pursuant to C.R.S. 24-6-402(4)(b), (e) and (f), Colorado Revised Statutes. It was moved, seconded, and unanimously agreed to adjourn from Executive Session. Chairman Runyon stated that Sara Fisher was absent due to knee surgery. Special Recognition - Bev Christiansen, Resource Center of Eagle County Chairman Runyon spoke about the contribution Ms. Christiansen had made to the Resource Center and thanked her for her service. He read the recognition, which included details of her accomplishments. Commissioner Menconi spoke about her positive accomplishments in the community. He stated that she has done work that sometimes doesn't get attention in the community. There have been a lot of changes in a short period of time. Ms. Christiansen started the county's first pre-school in Minturn as well as developing transitional housing programs for those in need. She has been invaluable to the resource center for people of all races and economic situations. He stated that the board is honored to recognize her for her invaluable service to the county. Susan Frampton spoke. She agreed with all of the comments recognizing Ms. Christiansen. She has worked with Ms. Christiansen for the past 7 years. Ms. Christiansen thanked the county commissioners and the town council members past and present. Their support has been critical to the success of many of the programs. She appreciates that the commissioners are using their hearts when they make decisions. Sometimes she is thankful for the events of September 11 th because it caused everyone to understand the feeling of being a victim. She hopes we can all be a part of stopping the violence. Consent Agenda Chairman Runyon stated the first item before the Board was the Consent Agenda as follows: A. Approval of bill paying for the weeks of January 21 and January 28,2008 (subject to review by the Finance Director) Finance Department Representative B. Approval of payroll for January 31, 2008 (subject to review by the Finance Director) Finance Department Representative 1 01/22/08 C. Appointment of Representatives to the Alpine Area Agency on Aging Regional Advisory Council Sheri Mintz, Health & Human Services D. Certification of Non-acceptance of Tobacco Industry Funds and Resources for the Colorado Department of Public Health & Environment Tobacco Control Grant Application Jill Hunsaker, Health & Human Services E. Resolution 2008-003 Concerning an Appointment to the Eagle Valley Library District Board of Trustees County Attorney's Office Representative F. Colorado Counties Casualty and Property Pool Agreement for Partially Self-Funded Program Facilities Management Representative G. Consulting Agreement between Eagle County and Duane L. Penny, Inc. for Recycle Transfer Station Facility Facilities Management Representative H. Memorandum of Understanding between Eagle County and the Governor's Energy Office for Energy Performance Contracting Program Facilities Management Representative I. Advertising Agreement between Eagle County, Colorado and Colorado Mountain News Media Justin Finestone, Communications J. Colorado Department of Transportation Certification for Highway User Tax Funds Gordon Adams, Road & Bridge K. Resolution Conferring Power of Attorney upon Bryan R. Treu, County Attorney; Robert L. Morris, Deputy County Attorney; Christina C. Hooper, Assistant County Attorney and Alex Potente, Assistant County Attorney to act as Attorney in Fact for the County of Eagle, State of Colorado with respect to Letter of Credit No. 68 in the Amount of$59,705.45 for the Account of Riverstone Developers LLC County Attorney's Office Representative L. Resolution 2008-004 in the Matter of Amending the Eagle County Land Use Regulations; General Amendment Affecting Chapter II, Articles 2 and 3; of the Renewable Energy Amendment (Eagle County File No.LUR-0070) Adam Palmer, Community Development M. Resolution 2008-005 in the Matter of Amending the Eagle County Land Use Regulations; General Amendment Affecting Chapter II, Articles 2 and 3; of Landscaping Storage Yard (Eagle County File No. LUR-0075) Adam Palmer, Community Development Chairman Runyon asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney stated that items I and K should be pulled for further verification. Commissioner Menconi moved to approve the Consent Agenda, Items A-M, excluding items I and K. Chairman Runyon seconded the motion. Of the two voting Commissioners, the vote was declared unammous. Citizen Input There was none 2 01/22/08 SD-0032 Ruedi Shores Service Plan-Resolution 2008-006 Keith Montag, Planning Department The purpose of this service plan is to allow the creation of a new Special District entitled the Ruedi Shores Metropolitan District. ACTION: LOCATION: Ruedi Shores Subdivision (100 acres); and a 7-acre adjacent parcel FILE NO: TITLE: APPLICANT: REPRESENTATIVE: SD-0032 Service Plan for Special District Ruedi Shores Metropolitan District Ruedi Shores Homeowners Association Collins Cockre1 & Cole / James Mock I. PROJECT OVERVIEW: The purpose of this Service Plan is to create the Ruedi Shores Metropolitan District located within the boundaries of the Ruedi Shores Subdivision as well as a 7 acre adjacent parcel. The total area of the proposed District is 107 acres with an estimated population of 113 persons. The primary purpose of the District is to plan, construct, finance, and operate public improvements for water services within the boundaries of the District. In addition, the District will assume various responsibilities currently performed by the Homeowners Association including street improvements, storm drainage, and covenant enforcement at such times as the Homeowners Association is ready to transfer such functions and the District is able to assume them. The need for the proposed district is based on the fact that the current water system is inadequate for proper fire suppression and does not meet applicable fire codes. In addition, the existing system was apparently not designed to meet the minimum criteria established by the Colorado Department of Public Health and Environment for a community water system. Peak time usage leaves some homeowners temporarily without water. To resolve these issues, the residents ofthe proposed District have decided to finance and construct a complete overhaul and upgrade of the water supply system. The proposed powers of the District (described in the Plan) will be pursuant to State Statute and will include the following: a. Public improvements for water system b. Street improvements (when transferred from Homeowners) c. Storm water improvements (when transferred from Homeowners) d. Solid waste disposal (when transferred from Homeowners) e. Covenant enforcement and design review services (when transferred from Homeowners) The estimated cost of the proposed public improvements (water system) is approximately $1,865,000. The District will also consider acquiring additional property for "long term water quality purposes" (water tank location) at an estimated cost of $250,000. In addition, the District is estimating operating costs at $132,884 (of which $85,509 will come from property taxes). The current assessed valuation within the District is approximately $2,948,000, which amount is expected to be sufficient to reasonably discharge the Debt. General Obligation Bonds in the amount of $2,720,000 are expected to be issued by the District. The maximum debt authorization is $3,300,000. The plan of finance is based on an operating fund mill levy of29.0; and an Obligation Bond mill levy of 62.0 which will decrease as assessed valuation increases within the District. The initial combined mill levy is 91.0 and is based on current assessed valuation. The alternative is a one-time assessment, estimated to be approximately $23,000 per lot, which could force many current long-time residents to sell their homes. 3 01/22/08 II. CHRONOLOGY: Late 1960's and early 1970's - The Ruedi Shores subdivision was developed. November 21,2007 - Service Plan filed with County. December 20, 2007 - Service Plan presented to Roaring Fork Valley Regional Planning Commission for recommendation of approval. January 22,2008 - Service Plan presented to Board of County Commissioners. III. STAFF COMMENTS: On November 29,2007, this proposal was referred for comment to: Eagle County Assessor's Office Eagle County Attorney's Office Eagle County Finance Director Eagle County Engineering Department Eagle County Environmental Health Department Basalt & Rural Fire Protection District As of this writing, referral responses have been received from Finance, Engineering, Environmental Health, and Basalt & Rural Fire Protection District. Their correspondence is attached. Summary of staff comments: a. Any and all functions and facilities associated with the District must be in conformance with the Eagle County Land Use Regulations and associated Construction Codes (IFC, etc.) and/or applicable State Statutes governing Special Districts. As proposed, the fire flow is less than required in the 1Fe. However, there is a provision in the code that allows a reduction of fire flow requirements as long as it can be demonstrated that the full fire flow is impractical. If this District is approved, engineered plans will need to be submitted to Eagle County (Chief Building Official) for review and approval pursuant to Section B-I03 of the IFe. b. Environmental Health is reviewing the Service Plan to determine if a 1041 permit will be required prior to construction of water system upgrades and/or facilities. c. A mill levy of 91.0 is being proposed for the Ruedi Shores Metropolitan District. This will be in addition to other entities (School District, County, CMC, Basalt & Rural Fire, etc.) that are collecting taxes based on their individual mill levies. The total of all assessments will be quite substantial. IV. APPLICANT'S PRESENTATION: A complete description of the proposed service plan amendment, response to any referral comments and justification pursuant to the below listed statutory findings will be presented by the Applicant. V. PUBLIC COMMENTS: VI. STATUTORY FINDINGS: The Board of County Commissioners shall disapprove the service plan amendment unless evidence satisfactory to the Board of each of the following is presented: 4 01/22/08 a. There is sufficient existing and projected need for organized service in the area to be served by the special district; b. The existing service in the area served by the special district is inadequate for present and projected needs; c. The special district is capable of providing economical and sufficient service to the area within its boundaries; d. The area included in the District has, or will have, the financial ability to discharge the proposed / existing indebtedness on a reasonable basis. The Board of County Commissioners may disapprove the service plan amendment if evidence satisfactory to the Board of any of the following is not presented: a. Adequate service is not, or will not be, available to the area through Eagle County or other existing municipal or quasi-municipal corporations, including existing special district, within a reasonable time and on a comparable basis; b. The facility and service standards of the District is compatible with the facility and service standards of Eagle County and each municipality which is an interested party under Section 32-1-204(1), e.R.S.; c. The service plan is in substantial compliance with the master plan adopted to Section 30-28-106, C.R.S.; d. The service plan is in compliance with the duly adopted long range water quality management plan for the area; e. The service plan will be in the best interest of the area proposed to be served. VII. STAFF RECOMMENDATION: Pursuant to the aforementioned findings, which necessitates the applicant adequately addressing the issues identified, Staff recommends approval. VIII. ROARING FORK VALLEY REGIONAL PLANNING COMMISSION: On December 20,2007, the Roaring Fork Valley Regional Planning Commission heard this file and recommended approval to the Board of County Commissioners with a 3-0 vote. While the Planning Commission vote was positive, there was deliberation that included: . Concern for mill levy and long term financial viability . Ensure tank size is adequate . Homeowners will still need to approve district formation IX. BOARD OF COUNTY COMMISSIONERS ACTION: The following options exist for the Board to consider: 1. Approve, incorporating the positive statutory findings 2. Approve, subject to conditions and incorporating the positive statutory findings 3. Deny, based on negative statutory findings DISCUSSION: Keith Montag, Director of Community Development presented the file. He showed a PowerPoint slide show with details and maps of the area and request. The purpose of the district is to provide for improved water ,5 01/22/08 services within the boundaries of the area. There are 77 parcels involved. The district will also assume various responsibilities currently being provided by the homeowner's association at which point the association is ready to transfer these functions. Currently the main purpose is improving the existing water system - as the current system is inadequate for fire protection services. Financial details are provided in the staff report. All referrals were positive from the Finance Department, Engineering Department, Environmental Health, and the Fire Protection District. Environmental Health is in the process of deciding whether a 1041 process would need approval. This proposal comes from the Homeowner's Association and as such, they are aware of the tax implications. He reviewed the findings related to statutory provisions related to mandatory and permissive requirements. Chairman Runyon wondered about the conditions related to the request. Bryan Treu stated that the approval could encompass all of the conditions and requirements without reading them individually. Jim Mock, attorney with Collins, Cockre1 and Cole representing the applicants spoke. He indicated that there are some critical problems with the water system in the area. In order to get this district formed they must gain approval from the Roaring Fork Planning Commission, the Board of County Commissioners and the property owners would need to approve of the formation during an election. They would like to incorporate the requirements from staff and referral findings into the record. The original developer is out of the picture and has been for some time. Jim Guy spoke to the board as the president of the homeowner's association. The subdivision was formed in the late 1960s. Over the years, the subdivision has evolved. All lots are at least one acre. The level of activity in developing lots has increased quickly. After investigating a variety of different financing options they decided this option was the most widely acceptable. They are concerned with a fire caused by lightening. They do not have enough water to fight this type of fire. The water lines are somewhere between 30 and 40 years old. They feel they don't have much choice. The new tank will be located outside of the district boundaries and will increase the water pressure. The new system will allow a compliant water system according to the Colorado State Department of Health. Chairman Runyon opened and closed public comment, as there was none. Chairman Runyon asked what the current sewage system was. Mr. Guy responded that they are independent septic systems. Mr. Montag stated that the existing systems are up to standards currently in place. He would assume that any additional water put through the system would be adequately treated. Chairman Runyon asked about the size of the mi111evy. He wondered if the residents would be able to pay this large levy. Mr. Guy stated that this issue has been discussed in annual meetings for years. The owners have expressed desire for this type of structure instead of a special assessment. Chairman Runyon wondered about metering the use. Mr. Guy stated that the water would be metered monthly and each resident is allowed 10,000 gallons of water. Commissioner Menconi moved to approve File No.SD-0032 Reudi Shores Metro District Service Plan and Resolution 2008-006, regarding the service plan including the positive findings in the staff report. Chairman Runyon seconded the motion. Of the two voting Commissioners, the vote was declared unammous. Planning Files LUR-0080 Eco-Build CommerciaIlMulti-Familv Adam Palmer, Planning Department NOTE: To be tabled to 2/5/2008 6 01/22/08 ACTION: The purpose of this Land Use Amendment by Eagle County is to amend the Land Use Regulations, which, if approved, would expand the current Eco-Bui1d efficient building code regulations to apply to all commercial/mixed use/multi-family new construction and major expansion projects in unincorporated Eagle County. As proposed, the code would award projects exceeding compliance by offering a 25% rebate on their building permit. Conversely, projects not meeting compliance would have a cash-in-lieu penalty. Any funds collected would go into the Eco-Bui1d fund which can only be used for renewable energy and energy efficiency in Eagle County. LOCATION: N/A Commissioner Menconi moved to table File No.LUR-0080 Eco-Bui1d Commercial/Multi Family until February 5, 2008. Commissioner Runyon seconded the motion. Of the two voting Commissioners, the vote was declared unammous. LUR-0079 Road Impact Fees Greg Schroeder, Engineering Department NOTE: ACTION: Tabled from 1/8/2008 and 1/14/2008 The purpose of this Land Use Amendment by Eagle County is to amend the Land Use Regulations to ECLUR Section 4-710, Road Impact Fees LOCATION: All of Eagle County FILE NO./PROCESS: PROJECT NAME: LOCATION: OWNER: APPLICANT: REPRESENTATIVE: LUR-0079 / Road Impact Fees Amendment to Chapter 2: Article 4, Division 4-7, Road Imvact Fees, Section 4-710. Not Applicable Not Applicable Eagle County Staff 1. PROJECT DESCRIPTION A. SUMMARY: This application proposes to amend the Eagle County Land Use Regulations to adopt updated Road Impact Fees. The proposed amendments will: . Update the existing regulation definition to recognize the "Update to the Road Impact Fee Study," as prepared by Eagle County, October 2007 (Section 4-71 0.D.19). . Update the existing regulation definition to recognize the revised Transportation Plan, as prepared by Fe1sburg Holt & Ullevig, October 2007 (Section 4-710.D.20). · Update Exhibit "A", Road Impact Fee Schedule for new fees. · Update Exhibit "B", Road Capital Improvements Program. · Set the effective date that this regulation is amended. By way of history, the revised Road Impact Fee regulation was introduced in 2001. A Road Capital Improvements Plan and an Impact Fee Study were prepared as a basis to setting the impact fee. Section 4- 710.K Review every Five Years, calls for the road impact fee committee to recommend whether any changes should be made to the Transportation Plan, Road Impact Fee Study, Road CIP, this Regulation, and the Regulations of the Participating Municipalities. In 2004, the first phase of an updated Road Capital Improvements plan was completed. This document (Phase 1- "Technical Memorandum, Year 2025 Traffic Forecasting", FHU, July 2004) involved existing level traffic counting and future traffic modeling for 2025. The second phase of this document (Phase II- 7 01/22/08 "Technical Memorandum - Preliminary Opinions of Probable Cost for Roadway Capacity Improvements ", FHU, October 2007, revised December 2007) identified the costs for the roadway improvements that are incorporated within this regulation as Exhibit "B". This document recommended approximately $473 Million in roadway improvements to handle the increased traffic and to maintain Eagle County's standard of Level of Service ("LOS") "C" for roadway segments and LOS "D" for intersections. Using the data in the two previously mentioned documents, an "Update to the Road Impact Fee Study" was prepared in October 2007 and revised in December 2007 utilizing the same methodology as with the previous Road Impact Fee Study (Duncan Associates, 1999). A copy of the updated Road Impact Fee Study is included with this staff report for further explanation of the impact fee rates. Based upon this study, the increase in Road Impact fees is proposed to go from $1,600 to $4,378 for a single family detached unit. It should also be noted that this proposed impact fee is only required for development plans that are submitted and deemed complete after the effective date of this revised regulation. Therefore, on Exhibit "A", Road Impact Fee Schedule, there are two columns, (Column A, Fee/Unit, and Column B, Legacy Fee/Unit) that set the fee depending on when any given lot's development plan was submitted. Section 4- 71O.F.5 Amount ofImpact Fee addresses the applicability offee for any given lot. This meets the requirements ofCRS 29-20-104.5.(6) B. PLANNING COMMISSION DELIBERATION SUMMARY & MOTION: The Eagle County and the Roaring Fork Valley Regional Planning Commissions considered this application at meetings held on the 19th and 20th of December. Both Planning Commissions approved the proposed file as was presented. The Eagle County Planning Commission approved the application [4:0]; The Roaring Fork Regional Planning Commission approved the application [3-0]. 2. STAFF REPORT A. NECESSARY FINDINGS: PROCESS INTENT ECLUR Section: 5-230 Amendments to the Text of These Land Use Regulations or Zone District Map Official Section Purpose: The purpose of this Section is to provide a means for changing the boundaries of the Official Zone District Map or any other map incorporated in these Regulations by reference, and for changing: the text of these Land Use Regulations. It is not intended to relieve particular hardships, or to confer special privileges or rights on any person, but only to make necessary adjustments in light of changed conditions. Standards: Section 5-230.D. No change in zoning shall be allowed unless in the sole discretion of the Board of County Commissioners, the change is justified in that the advantages of the use requested substantially outweigh the disadvantages to the County and neighboring lands. In making such a determination, the Planning Commission and the Board of County Commissioners shall consider the application submittal requirements and standards. There are no specific standards directly applicable for changing the text of the Land Use Regulations. B. STAFF DISCUSSION: 8 01/22/08 Pursuant to Chapter 1, Eagle County Land Use Regulations Section 1.15.04 Referrals. the proposed amendments HAVE been referred to the appropriate agencies, including all towns within Eagle County, and to the Colorado Division of Local Affairs; Pursuant to Chapter 1, Eagle County Land Use Regulations Section 1.15.05 Public Notice, Public notice HAS been given; Pursuant to Chapter 2, Eagle County Land Use Regulations Section 5-230.B.2 Text Amendment: a. The proposed amendments AMEND ONLY THE TEXT of Chapter 2: Article 4, Division 4-7, Road Imvact Fees, Section 4-710 of the Eagle County Land Use Regulations and DO NOT amend the Official Zone District Map. b. Precise wording of the proposed changes HAS been provided (please see attached) Pursuant to Chapter 2, Eagle County Land Use Regulations Section 5-230.D., Standards for the review of Amendments to the Text of the Land Use Regulations, as applicable. STANDARD: Consistency with the Comprehensive Plan. [Section 5-230.D.l] Does the proposed amendment consider the purposes and intents of the Comprehensive Plan, all ancillary County adopted Specialty and Community Plan documents, and is it consistent with all relevant goals, policies, implementation strategies and Future Land Use Map designations including but not necessarily limited to the following: Section 3.2 Section 3.3 Section 3.4 Section 3.5 Section 3.6 Section 3.7 Section 3.8 Section 3.9 Section 3.10 Section 4 General Development Economic Resources Housin2 Infrastructure and Services Water Resources Wildlife Resources Sensitive Lands Environmental Quality Future Land Use Map Adopted Area Community Plans Policies a, c, e, f, g, h, i and k Policies b, c, d, e, f, h, j, m and 0 Policies a, d, e, g and n Policies a, c, g, i, j, k, m and 0 Policies a, b, c, d, e, f, g, hand i Policies a, b, c, d, e, f and i Policies a, c, e and g Policies a, c and d Policy a All relevant goals, policies and FLUM designations Additionally, all relevant goals & policies of the following plans or such equivalent plans and/or future plans, which may be in effect at the time of application for zone change: Eagle County Open Space Plan Eagle River Watershed Plan Eagle Valley Regional Trails Plan Eagle County Trails Plan (Roaring Fork) Eagle County Comprehensive Housing Plan Eagle County Airport Sub-Area Master Plan This proposed amendment is consistent with the Eagle County Comprehensive Plan and ancillary documents as related impact fees and capital improvements. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS NOT APPLICABLE STANDARD: Compatible with Surrounding Uses. [Section 5-230.D.2] Does the proposal provide compatibility with the type, intensity, character and scale of existing and permissible land uses surrounding 9 01/22/08 the subject property? Dimensional limitations of the proposed zone district, when applied, should result in development that will be harmonious with the physical character of existing neighborhood(s) surrounding the subject property. The issue of compatibility does not directly pertain to this proposal; however, the traveling public will benefit through the implementation of the collection of impact fees to ensure that appropriate infrastructure is constructed to meet the applicable need. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS NOT APPLICABLE STANDARD: Public Benefit. [Section 5-230.D.3] Does the proposal address a demonstrated community need or otherwise result in one or more particular public benefits that offset the impacts of the proposed uses requested, including but not limited to: Affordable local resident housing; childcare facilities; multi- modal transportation, public recreational opportunities; infrastructure improvements; preservation of agriculture/sensitive lands. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS NOT APPLICABLE The revised impact fees seek to better assess and'proactive1y account for transportation deficiencies, and to fund the necessary projects timely as they are needed. STANDARD: Change of Circumstances. [Section 5-230.D.4] Does the proposal address or respond to a beneficial material change that has occurred to the immediate neighborhood or to the greater Eagle County community? Conditions have changed such that the proposed amendments are necessitated due to increased population projections and significant increases of construction project costs. The regulations identify that this regulation is to be revised from time to time. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS NOT APPLICABLE STANDARD: Adequate Infrastructure. [Section 5-230.D.5] Is the property subject to the proposal served by adequate roads, water, sewer and other public use facilities? This amendment directly addresses the need to keep infrastructure adequate by assessment of an appropriate fee directly tied to the anticipated costs necessary. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS NOT APPLICABLE 10 01/22/08 B. REFERRAL RESPONSES: No referral responses were received. There were two phone calls seeking clarifications, but neither had any comments after their questions were answered. Additional Referral Agencies - This proposal was referred to the following agencies with no response received as of this writing: . Eagle County: Airport, Animal Services, Assessors, ECO Trails, ECO Transit, Engineering, Housing, Road and Bridge, RE-50J School District, Sheriff's Office, Surveyor, Weed and Pest, Wildfire Mitigation Specialist. . Town of Eagle, Town of Minturn, Town of Red Cliff, Town of Vail, Town of Basalt, Town of Gypsum, Town of Avon. . Braun Associates, Inc., Design Workshop, Isom and Associates, Knight Planning Services, Mauriello Planning Group, Land Studio, Otak, Pylman & Associates, Sid Fox and Co., Vag, Vail Resorts, . Alpine Engineering, Arroyo Engineering, Benchmark Engineering, CTL Thompson, Gamba & Associates, High Country Engineering, HP Geotech, Intermountain Engineering, Peak Land Consultants, Resource Engineering, Inc., Schmueser Gordon Meyer, Sopris Engineering, Archibeque Land Consulting, Backlund Land Surveys, Bookcliff Surveying, Eagle Valley Surveying, Eldridge Land Surveying, Gore Range Surveying, John Curran, J&K, Leland Lechner, Lines in Space, Marcin Engineering, River City Surveys, Starbuck Surveying. . State of Colorado: CDOT, Department of Local Affairs, Division of Minerals and Geology, Division of Water Resources, Division of Wildlife, Forest Service, Water Conservation Board, Department of Health and Environment Water Quality and Air Quality, Historical Society, Colorado Geological Survey, Colorado Historical Society. . Federal: Bureau of Land Management, Natural Resource Conservation Service . Us. Army Corp of Engineers . Us. Forest Service . Xcel/KN Energy . Fire Protection Districts: WECAD, Eagle County Health Service District, Basalt & Rural FPD, Gypsum FPD, Greater Eagle FPD, Eagle River FPD, Town of Vail Fire Department . Special Districts: All . Mid Valley Trails Committee . Northwest Colorado Council of Governments . Roaring Fork Transportation Authority . Home Builder's Association . American Institute of Architects . Cattleman's Association . All Registered Home Owner's Associations and Design Review Boards C. SUMMARY ANALYSIS: Benefi~/D~advantages Benefits: · The increased fee provides for more funding into the road impact fee fund, and allows more projects to be commenced. · Proactive approach to mitigating development driven impacts. Disadvantages: . Some may complain of the increasingly higher fees necessary for construction. D. PLANNING COMMISSION / BOARD OF COUNTY COMMISSIONERS OPTIONS: 11 01/22/08 1. Approve the [ECLUR TEXT AMENDMENT] request without conditions if it is determined that the petition will not adversely affect the public health, safety, and welfare and the proposed use is attuned with the immediately adjacent and nearby neighborhood properties and uses and the proposal is in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). 2. Deny the [ECLUR TEXT AMENDMENT] request if it is determined that the petition will adversely affect the public health, safety, and welfare and/or the proposed use is not attuned with the immediately adjacent and nearby neighborhood properties and uses and the proposal is not in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). 3. Table the [ECLUR TEXT AMENDMENT] request if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. 4. Approve the [ECLUR TEXT AMENDMENT] request with conditions and/or performance standards if it is determined that certain conditions and/or performance standards are necessary to ensure public, health, safety, and welfare and/or enhances the attunement of the use with the immediately adjacent and nearby neighborhood properties and uses and the proposal is in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). (None) DISCUSSION: Greg Schroeder, Engineering Department representative presented the file. He showed a PowerPoint slide show to provide the justification for and history of the request. These fees would not impact any development that had previously submitted a complete application. He showed the road capital improvement plan. The majority of these improvements would be related to Highway 6 and some of the spur roads. New development cannot be charged for existing deficiencies with Road Impact Fees. He spoke about the original study and the unit cost per trip of$334, but the new study indicates a unit cost per trip of$914. Chairman Runyon wondered how the unit cost per unit was calculated. Mr. Schroeder stated that on the update to the road impact study report this information and the equations are detailed. The number is calculated using the future daily trips. Mr. Schroeder stated that the existing fee is $1600 per single-family dwelling unit, and the proposed fee is approximately $4300.00. He reviewed the regulation text sections and the proposed updates. Chairman Runyon asked about the dramatic increase and wondered what sort of comments had been received from the development community. Mr. Schroeder stated that the proposal had been referred to over 200 entities and planning consultants and they received no correspondence related to the change. He received two separate questions related to existing development. Chairman Runyon wondered how this would affect approved development that had not yet been built. Mr. Schroeder stated that if the approved development occurred prior to 2001 it would be exempt, and on later approvals the legacy fee would be appropriate. Only new platted properties would pay the new fee when preliminary plans are approved. Chairman Runyon wondered about a project like Red Sky Ranch that doesn't have platted lots. Mr. Schroeder stated that these fees are imposed when preliminary plans are complete and approved. The proposal was approved unanimously by the Eagle Valley Planning Commission. They encouraged partnerships with the local municipalities. They also suggested a possible yearly increase based on CCI or another index to keep up with inflation to avoid such a drastic increase in the future. He feels that collecting the fees at building permit issuance was the best approach. The Roaring Fork Planning Commission also approved it unanimously. Chairman Runyon opened and closed public comment, as there was none. Commissioner Menconi stated that he has been involved with public meetings related to this process and he agrees with the increase. 12 01/22/08 Mr. Schroeder suggested setting an effective date to get the regulation text updated and for the building department to advertise the increase. He suggested an effective date of March 1,2008. Chairman Runyon wondered about setting this fee structure up for annual review. Commissioner Menconi moved to approve File No.LUR-0079 Road Impact Fees incorporating staffs findings and setting the effective date for March 1,2008. Commissioner Runyon seconded the motion. Of the two voting Commissioners, the vote was declared unammous. Attest: Chairman 13 01/22/08