HomeMy WebLinkAbout2.0 Staff Report 7.6.10Exhibits for Public Hearing held on July 6, 2010 for a Text Amendment for
1) lnclusion of the Traffic lmpact Fee requirements to Article Vll Standards;
2) Clarifications and amendments to Section 4-5O2 (lmprovements Agreement and
Development Agreements);
Exhibit Lefrer
tA to Z)
Exhibit
A Proof of Publication
B Garfield County Unified Land Use Resolution of 2008, as amended
c Garfield County Comprehensive Plan of 2000
D Staff Memorandum dated 0710612010
E Proposed Lanquage for Traffic lmpact Fees
F Proposed Language for Development / lmprovements Agleernenle
G Resolution Form
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RE:
TO:
FROM:
DATE:
MEMORANDUM
Garfield County Board of County Commissioners
/ /-,
Fred A. Jarman, AICP ( ''
Director, Building & Planning
Text Amendments to the Unified land Use Resolution of 20008, as amended
to include:
1) tnclusion of the Trolfic lmpact Fee requirements to Article Vll Standards;
and
2) Clorificotions ond omendments to Section 4-502 (lmprovements
Agreement and Development Agreements)
July 6, 2010
l. Background & Purpose
As expected and anticipated, as Staff has been administering the new Unified Land Use Resolution
of 2008 (the New Code), we have identified substantive conflicts, mis-references, typographical
errors, unintended timelines, and unantic and regula sions
that did not carry over into the New Code from the Zoning Resolution of \978, as amended and the
Subdivision Regulations of 1984, as amended (together known as the Old Code). ln order to resolve
these issues, this memorandum contains a list of proposed amendments to the New Code to
address these identified issues. The specific amendments that are covered in this memo include the
following:
1) lnclusion of the Traffic lmpact Fee requirements to Article Vll Standards (attached as Exhibit
E);
Clarifications and amendments to Section 4-502 (lmprovements Agreement and
Development Agreements) attached as Exhibit G;
Traffic lmpact Fees
The Board of County Commissioners adopted Traffic lmpact Fees (Resolution 97-111, reception #
517936) and included them in the subdivision regulations (section 9:49) of the old code via
Resolution 97-O4, reception # 503446, and adopted Road lmpact Districts via Resolution 98-28. ln
the adoption of the new code, this section regarding impact fees was inadvertently left out of the
subdivision regulations. Staff recommends re-inserting them in Article V (Divisions of Land) in the
new code just as they existed in the old code with no change. This language is provided here as well
as "Exhibit A" and "Exhibit B" which is a worksheet to calculate the fee as it would only apply to
2l
il.
Divisions of Land. Staff suggests adding this language as a new separate section, Section 7-406 in
Article 7 (Standards) as follows:
Section 7-406 Stondords for Troffic lmpoct Fees
A. General Requirements
Off-site rood impacts sholl be evaluoted for subdivisions throuah completion of a traffic
studv identifvinq the volume of troffic aenerated from the development. bosed on Trip
Generation Rate calculations utilizina the most current lnstitute of Traffic Enqineers.
Trip Generotion Manual. to estoblish on Averaqe Doilv Troffic (ADTI. The rood impact
fee shall be established os a result of enterinq the applicable data identified in the Rood
lmpact Fee calculotion Work Sheet locoted in Appendix A.
Fiftv percent (50%) of the road impact fees shall be collected at the Final Plat for o
subdivision. if the offected Countv road proiect is scheduled to stort within five vears in
a Copital lmprovements Plan adopted bv the Board of Countv Commissioners. All other
road impoct fees will be collected at the issuance of a buildinq permit.
Anv road impact fees collected will be put into a seporote interest bearina account in
the Countv Treasurer's office, for each rood that impoct fees ore collected. All fees
collected and interest occrued must be spent on copital improvements to the specific
rood for which the fees were collected within twentv (20) vears of the dote that the fee
is established. All copital expenditures must be consistent with the capital
improvements plan used as a basis for establishinq the fee. lf. after twentv (2O) vears,
the fees collected have not been spent in accordance with the capital improvements
plan used to estoblish the fee. all fees will be returned to the land owner of the propertv
assessed on impact fee. with interest accrued.
To the extend the Countv hos expended funds consistent with o copitol improvements
plon for a particular road ond a propertv owner hos not poid a road impoct fee os
required for a buildina permit which establishes additional ADT. the impact fee shall be
collect at the time a buildina permit is issued to recoup the expenditure. Anv fees
collected after the completion of on identified road proiect. will be credited to the
appropriate proiect ond will be used to reimburse the Countv for the funds odvanced to
complete the proiect.
The Countv mav use road impact fees for a specific road improvement identified as o
critical facilitv with a hiqh prioritv for health and safetv reasons in a Capital
lmprovements Plan adopted bv the Boord of Countv Commissioners. in advance of the
completion of the entire rood improvement proiect. Anv such use of funds must be
consistent with the bosis for the impact fee. lf. after the use of rood impact fees for a
critical facilitv road improvement. the Countv fails to complete the entire proiect
identified in the copital improvements plan within the twentv (2A) vear period of
collection, t onate share.will be r to the own the
propertv subiect to the impact fee bosed on the actuol amount of the expenditures
made on a particular rood svstem.
As a part of the Copital lmprovements Plon. the Board mav determine that certain
portions of the road improvements to o road are criticol to complete. before there ore
additi eneratinq use to the rood.tis
ital lm the ollowed to totol cost
needed improvements prior to the Countv's schedule. The Countv will reimburse the
portion of the cost that exceeds the omount thot would be opplicable for road imgoct
fees plus interest bv the time thot the proiect hod oriainollv been scheduled to be
completed. lf the Board of Countv Commissioners hos not estoblished a base road cost
per ADT for the area in question, the opplicont will not be oblioated to Provide on
analvsis of the off-site rood impacts.
B. Traffic Study Areas (Vio Resolution 98'28) (Mop attached)
before the Countv has scheduled to make the necessorv improvements identified in the
Traffic Study Area Estimated Cost
Level of
Service
Design Copacity
(ADr)Cost per ADT
Area 1A Totals / Fees s 7o,o0o E 16,000 s 4
Area lTotals/Fees S q,s+o,ooo E 15,725 $ 276
Area2Totals/Fees S 1,54o,ooo E 13,800 s 112
Area3Totals/Fees s 3,830,000 E 16,917 s 226
Area4Totals/Fees s 1,760,000 E 16,977 s 104
Area6Totals/Fees S g,+ro,ooo E 16,200 s 210
Area 8A*s 520,000 E 17,000 S 31
Area 8B*s 1,77o,ooo E 17,000 s 104
Area 8C*s 790,000 E 77,700 $68
Area 8D*s 71o,ooo E 11,700 s 61
Area 8E*s 1,600,000 E 77,700 s 137
Area 8F*s 1,810,000 E L1,700 s 1ss
Area 8G*$ 2,220,000 E !7,700 s 1s0
Area 8* Totals S a,zoe,ooo E
C. lmpoct Fee Worksheet lnstructions
1) Note the name for the project or fee payer on line 1 os well os the type of lond use.
2) Enter the road cost ot the point of service on line 2. The rood cost will be bosed on o Capital
lmprovements Plan adopted by the Board of county Commissioners.
3) Enter the road copacity (expressed in Average Daily Trips IADT] ot the point of service. This
may be determined by the Speciat Report 209, Highwoy Capacity Monuol (7994,
Tr o n s portati on Rese o rch Boo r d ).
4) Calculate the bose road cost per ADT ot the point of service by dividing Line 2 by Line 3. Enter
the result on Line 4.
Determine the ADT per Lond use from the ITE Trip Generotion Manual or another credible
source occepted by the Board and enter the result on Line 5.
Calculote the Bose Troffic tmpact Fee for the type of land use by multiplying the ADT per
Land Use (Line 5) by the Bose Road Cost per ADT (Line 4) and enter the result on Line 6.
Calculote Tax Credits os follows:
o. Enter the equivolent of 80% of the Rood and Bridge property tox mill levy (for the type of
land use) on Line 7.
b. Enter the County Discount Rote (the rote of return the County receives from its
investments) on Line 8.
c. Enter the Road Design Life (in yeors) on Line 9.
d. Enter the Present Worth Foctor (PWF) on Line 70. The PWF for various combinations of
Term ond Discount Rotes is found in the Appendix.
e. Colculote the Net Present Value of the tax credit by multiplying the Road & Bridge
equivalent tax (Line 7) by the PWF (Line 10). Enter the result on Line 11.
8) Calculate the UNADJUSTED ROAD TMPACT FEE by subtrocting the tox credit (Line 11) from
the Base Traffic tmpoct Fee (Line 6). Enter the results on Line 72.
9). Calculate the INFLATION ADJUSTMENT os follows:
s)
6)
7)
5 2,24O,OOOAreagTotals/Fees
Area 10 Totals / Fees
Area ll Totals / Fees
4
o. On Line 7j, enter Denver-Boulder Consumer Price lndex (CPt) for the yeor the rood cost
estimote wos prepored or the yeor the cost estimote is bosed.
b. Enter the CPt for the yeor the impact fee is collected on Line 14. Uf the current CPI is not
ovoiloble, use the overoge rote of change for the lost three yeors to derive the current
yeor index.l
c. Colculate the tnflotion Foctor by dividing the entry on Line 74 by the entry on line 1j.
Enter the Result on Line 15.
70) Cotcutate the pRE-CONSTRUCTION INFLATION ADJUSTMENT TMPACT FEE by multiplying the
unodjusted Road lmpoct Fee (Line 12) by the lnflation Foctor (Line 75). Enter the result on
Line 16. Note: This adjustment is not necessory if the construction cost estimate is
determined the same yedr os the fee is collected.
11) Colculote the PosT-coN'TRUCTtaN ADJUSTED IMPACT FEE os follows:
Enter the County's Discount or lnvestment Rate on Line 17. lf the road construction wos
finonced, derive the finonced rote from the debt repoyment schedule prepored for the
finoncing ond substitute the derived rate for the Discount Rote.
Enter the number of years since the rood wos constructed on Line 18.
Determine the Compound tnterest Multiplier from Appendix A. Enter this multiplier on
Line 79. ln the cose of debt finoncing, enter the imputed multiplier from the debt service
schedule prepared for the finonce instrument.
Calculote the POST-CONSTRUCTTON ADJUSTED IMPACT FEE by multiplying the
1NADJUSTED ROAD tMpACT FEE (Line 12) by the Compound lnterest Multiplier (or
imputed finance multiplier) from Line 79. Enter the result on Line 20.
IMPROVEMENTS AGREEMENT / DEVELOPMENT AGREEMENT (SEE EXHIBIT
-)ATTACHED
PLANNING COMMISSION RECOMMENDATION
On April 28,2010, the Planning Commission unanimously voted to recommend the BOCC
approve the proposed amendments to the Unified Land Use Resolution of 2008, as
amended.
V. RECOMMENDED MOTION
"l will make a motion to approve the proposed amendments to the Unified Land Use Resolution of
2008, as amended including lnclusion of the Traffic lmpact Fee requirements to Article Vll Standards
and certain clarifications and amendments to Section 4-502 for lmprovements Agreement and
Development Agreements with the findings set forth below:"
b.
c.
d.
ilt.
tv.
1. That the public hearings before the Planning Commission and Board of County
Commissioners were extensive and complete, that all pertinent facts, matters and issues
were submitted and that all interested parties were heard.
2. That the application has met the public notice and public hearing requirements of the
Garfield County Unified Land Use Resolution of 2008, as amended.
3. That the proposed text amendments have been determined to be in the best interest of
the health, safety, morals, convenience, order, prosperity and welfare of the citizens of
Garfield County.
4. The proposed text amendments are consistent with applicable standards of the Unified
Land Use Resolution of 2008, as amended, and complies with the Garfield County
Comprehensive Plan of 2000, as amended.
5. The proposed text amendments do not conflict with State statutory provisions
regulating land use.
EXHIBIT
6'oonDd
Section 7-406 Standords for Troffic lmpoct Fees
D. General Requirements
Off-site road impocts shall be evoluated for subdivisions throUqh completion of a traffic
studv identifvina the volume of traffic aeneroted from the development, bosed on Trip
Generation Rate calculotions utilizina the most current lnstitute of Troffic Enqineers.
Trip Generation Manual. to estoblish an Averaae Dailv Traffic (ADTI. The road impact
fee sholl be estoblished os o result of enterinq the opplicable data identified in the Road
lmpoct Fee colculation Work Sheet located in Appendix A.
Fiftv percent (50%) of the road impact fees shall be collected ot the Final Plat for o
subdivision. if the affected Countv road proiect is scheduled to start within five veors in
a Capital lmprovements Plan adopted bv the Board of Countv Commissioners. All other
road impact fees wtll be collected at t
Anv road impoct fees collected will be put into a separate interest bearina account in
the Countv Treasurer's office. for eoch road thot impact fees are collected. All fees
collected and interest occrued must be spent on capital improvements to the specific
road for which the fees were collected within twentv (2d vears of the dote that the fee
is estoblished. All capitol expenditures must be consistent with the capitol
improvements plan used as a basis for estoblishinq the fee. lf . after twentv (201 veors.
the fees collected have not been spent in accordance with the capital improvements
plan used to establish the fee. ollfees will be returned to the lond owner of the propertv
ossessed an impoct fee. with interest accrued.
To the extend the Countv has expended funds consistent with a capitol improvements
plan for a particulor rood and a propertv owner hos not paid a road impact fee as
required for o buildinq permit which estoblishes additionol ADT, the impact fee sholl be
collect at the time a buildina permit is issued to recoup the expenditure. Anv fees
collected after the completion of an identified road proiect- will be credited to the
oppropriate proiect and will be used to reimburse the Countv for the funds advonced to
complete the proiect.
The Countv mav use road impoct fees for a specific road improvement identified as a
criticol facilitv with o hioh prioritv for health and safetv reasons in a Capital
lmprovements Plan odopted bv the Boord of Countv Commissioners. in advance of the
completion of the entire road improvement .proiect. Anv such use of funds must be
consistent with the basis for the impoct fee. tf . after the use of rood impact fees for a
criticol focilitv road improvement. the Countv fails to complete the entire proiect
identified in the copital improvements plan within the twentv (20) vear period of
collection. the proportionote share. with interest. will be returned to the owner of the
propertv subiect to the impact fee based on the actual amount of the expenditures
made on o porticular road svstem.
As a part of the Copitol lmprovements Plan, the Boord mav determine that certain
portions of the road improvements to a road are criticol to complete. before there are
anv additional traffic aeneratina uses added to the road. lf a development is proposed
before the Countv has scheduled to make the necessarv improvements identified in the
Capital lmprovements Plan. the developer mov be ollowed to pav the total cost of the
needed improvements prior to the Countv's schedule. The Countv will reimburse the
portion of the cost that exceeds the amount that would be applicable for road impoct
fees. plus interest. bv the time that the proiect hod oriqinollv been scheduled to be
completed. lf the Board of Countv Commissioners hos no.t established a base rood cost
per ADT for the areo in question. the opplicant will not be obliqated to provide an
analvsis of the off-site road impacts.
E. Traffic Studv Areas (Via Resolution 98-281 (Map attoched)
Traffic Studv Areo Estimqted Cost Level of
Service
Desian CapociW
(ADT)Cost per ADT
Area 14 Totals / Fees S zo,ooo E 16,000 s
ArealTotals/Fees S +,:qo,ooo E 15,725 S zto
Area2Totals/Fees S r,s+o,ooo E 13,800 su2
Arca 3llIalilleEs S :,9:o,ooo E 76,917 5 ?26
Area4Totals/Fees $ 1,760,000 E 76,917 S roa
Area6Totals/Fees S :,+ro,ooo E 16,200 S zro
Area 8A*S szo,ooo E 17,000 s31
Area 8B*S t,zzo,ooo E 17,000 S ro+
Area 8C*S zgo,ooo E tl,700 s68
Area 8D*s 710,000 E 77,70O s61
Area 8E*s 1,600,000 E LL,7OO S r:z
Area 8F*s 1.81Qp0q E 17,799 S rss
Area 8G*s 2,220,000 E Tff,99 S rgo
Area 8* Totals
Area 11 Totals / Fees
F. lmpoct Fee Worksheet lnstructions
12) Note the nome for the proiect or fee paver on line 7 os well as the type of lond use.
7i) Enter the rood cost ot the point of service on line 2. The rood cost will be bosed on o Capitol
lmprovements Plon adopted bv the Board of Countv Commissioners.
74) Enter the road copacitv kxpressed in Averoqe Dailv Trips IADTI ot the point of service. This
mav be determined bv the Soecial Report 209. Hiohwov Cooacitv Monuol (1994
Transoortation Research Boord).
15) Colculote the base rood cost per ADT at the point of service by dividinq Line 2 bv Line 3. Enter
the result on Line 4.
16) Determine the ADT per Lond lJse from the ITE Trip Generotion Manual or onother credible
source accepted bv the Boord ond enter the result on Line 5.
17) Colculate the Bose Troffic lmpact Fee for the tvpe of lond use bv multiplvinq the ADT per
Land Use (Line 5) bv the Base Rood Cost per ADT (Line 4) and enter the result on Line 6.
18) Colculate Tox Credits os follows:
f. Enter the equivalent of 80% of the Rood and Bridqe propertv tox mill levv (for the tvpe of
lond use) on Line 7.
g. Enter the Countv Discount Rote (the rote of return the Countv receives from its
investmentsl on Line 8.
h. Enter the Road Desian Life (in veorsl on Line 9.
i. Enter the Present Worth Foctor (PWF) on Line 10. The PWF for vorious combinotions of
Term ond Discount Rotes is found in the Aopendix.
j. Calculote the Net Present Value of the tox credit bv multiplvinq the Road & Bridae
equivalent tax (Line 7) bv the PWF (Line 10). Enter the result on Line 77.
19) Colculote the IJNADJIJSTED ROAD IMPACT FEE bv subtroctina the tox credit (Line 17) from
the Base Traffic lmpoct Fee (Line 61. Enter the results on Line 12.
20) Calculote the INFLATION ADJUSTMENT os follows:
d. On Line 1j. enter Denver-Boulder Consumer price tndex lCpll for the vear the road cost
estimote wos preoored or the vear the cost estimote is bosed.
e. Enter the CPI for the veor the impact fee is collected on Line 14. fif the current Cpt is not
ovoiloble- use the overoqe rote of chanae for the lost three veors to derive the current
vear index.l
f. Calculate the lnflotion Foctor bv dividino the entrv on Line 74 bv the entrv on line 73.
Enter the Result on Line 75.
27) Colculate the PRE-CONSTRUCTTON INFLATION ADJIJSTMENT IMPACf fff bv multiplvinq the
Unodiusted Road lmpoct Fee (Line 12) bv the tnflation Foctor (Line 15t. Enter the result on
Line 16. Note: This adiustment is not necessarv if the construction cost estimote is
determined the same veor as the fee is collected.
22) colculate the Posr-coNSTRlJCTtoN ADJUSTED tMpACT FEE os foltows:
e. Enter the Countv's Discount or tnvestment Rote on Line 77. tf the rood construction wos
finonced derive the finonced rote from the debt repavment schedule prepored for the
finoncino and substitute the derived rote for the Discount Rote.
f. Enter the number of veors since the rood wos constructed on Line 7g.
g. Determine the Comoound lnterest Multiplier from Appendix A. Enter this multiplier on
Line 79. ln the case of debt finoncina. enter the imouted multiplier from the debt service
schedule prepored for the finance instrument.
h. colculate the Posr-coNSTRIJCTtoN ADJIJSTED IMpACT FEE bv muttiplvinq the
UNADJUSTED ROAD IMPACT FEE (Line 721 bv the Compound tnterest Multiolier (or
imputed finonce multiplierl from Line 79. Enter the result on Line 20.
10
G.ralltc Fee Worksheet E
ROAD IMPACT FEE CALCUUTION WORK SHEET ("Example")
No,BASE INFORMATION
Troffic lmpoct Study Areo 8D
Dote Prepared 2/16/2010
1 Project / Lond Use (Number of Total Dwelling Units, lncluding ADUs)27
2 Base Rood Cost SE,zgo,ooo
j Rood Capocity in ADT 74,350
4 Road Cost per ADT 5264.11
5 ADT per Lond Use 9.57
6 Bose Road lmpoct Fees per Land Use S2,s27.ss
TAX CREDITS
7 80% of Annuol R & B Property Tox per Lond Use 528.16
8 County Discount Rate 4.78%
9 Rood Design Life (Yeors)12
10 Present Worth Factor 8.98
11 Property Tox Credit 52s2.7s
12 UNADIUSTED ROAD IMPACT FEE 52,224.70
[Base Rood lmpact Fee - Property Tox Credit]
INFLATION ADJUSTMENT
7i Denver-Boulder CPI Year of Cost Estimote 158.5
74 Denver-Boulder CPI Year of lmpoct Fee Calc.197.9
15 lnflotion Factor 1.2107
[CPl for Collection Year/CPl of Yeor of Cost Estimote]
16 PRE-CONSTRUCTION INFLATION ADIUSTED ROAD IMPACT FEE 52,7s4.71
P OST.CO N STR U CTI O N CO ST AD] U STM E NT
77 County Discount Rate 4.78%
18 Term (Yeors since Construction 0
79 Com pou nd I nte rest M u lti plier 1.0000
20 POST.CONSTRUcTION AIUSTED ROAD IMPAC-T FEE
TOTAL FEE BREAKDOWN
TOTAL FEE FOR TOTAL NUMBER OF DWELLING UNITS S74360.eg
1.1.
1/2 OF FEE TO BE PAID AT FINAL PUT
IMPACT FEE TO BE COLLEC|ED WITH EACH BUILDING PERMIT
H. Map of Traffic Study Areos (via Resolution 98-28)
;::!iiEai=:Ei:!!:=i;i:
=E :"i':!i
72
13
EXHIBIT
(
ARTtcLE lV
Apprrcntrotr eruo Rrvtrw PRocrouRes
4-502 DESCRIPTION OF SUBM TAL REQUIREMENTS
Formatted: Not Different flrst page header
County, prior to final approval of the land use change application. An approved
development agreement shall be signed by the applicant, the Board of County
Commissioners, and all owners of the subject property. The signed agreement
shall be included with the final plat filing. The development agreement must
include the following:
1. Phasing schedule.
2. Language establishing a vested property right pursuant to the
provisions of Section 1-202, Establishment of Vested Property
Rlghfs of Article l.
I. Improvements Agreement. An.lmprovements Aqrqg[]ent is reg.!.lired ln
a form acceptable to the County. addressinq the followinq:
1. Security for construction of necessary of improvements. The
following methods are suooestions and a letter of credit or cash deposit is
typical ly requi!:ed for i nfrastructur
a*. Restrictions on the conveyance, sale or transfer of any lot'
lots, tract, or tracts of land within the subdivision as set forth in the
plat or as recorded by separate instrument.
b2. Performance or property bonds.
c3. Private or public escrow agreements.
d4. Loan commitments.
e5. Assignments of receivables.
f6. Liens on property.
a7. Letters of credit.
h8. Deposits of certified funds.
i. Performance ouarantees.
ig. Other similar surety agreements.
2. The lmprovements Aqreement must also address the followinq:
GARFIELD CouNw Urutrteo LAND UsE RESoLUTIoN oF 2008, AS AMENDED 4-73
ARTICLE IV
AppLrcerroN Rruo Revrew PRocrouRes
4-502 DESCRIPTION OF SueIvIIrTeL REQUIREMENTS
a40. Necessary deeds or transfer of property.
b{4. Provisions and schedule for construction of improvements,
includinq engineered plans and cost estimates..
12, Perforrnanee guarantees and letters ef erediL
c43. Payment of sewer and water tap fees.
d14. Payment of any other necessary fees.
e45. Transfer of water rights.
f+6. Transfer of roads and improvements, rights-of-way, and
other common elements.
a44. Agreements to provide "as built" plans.
h{4. Methods of providing perpetual maintenance of common
property and equipment.
izg. Process for amending the @
Agreement.
i*+. eovenants-ang-eEnforcement p rovisions.
J. Traffic Study. A Traffic Study shall be submitted as part of the lmpact
Analysis, to identify construction impacts and projected impacts of the proposed
land use. The Traffic Study shall be comprised of a Basic Traffic Analysis
utilizing existing County traffic counts as mapped, the current County
Transportation Plan, the Manual on Uniform Traffic Control Devices, accepted
Trip Generation Manuals, and current standards as applied by the Colorado
Department of Transportation. The Traffic Study may also include a Detailed
Traffic Analysis, pursuant to Section 4-502(J)(7), Thresholds Triggering a
Detailed Traffic Analysis. The Traffic Study shall be prepared by a registered
professional engineer, experienced in Transportation Engineering,
1. Applications Requiring Traffic Study. A Traffic Study shall be
required for applications subject to Major lmpact Review,
Subdivision Review Review, Rural Land Development Exemption
Review, Rezoning and PUD.
GIRTICIO COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-74
/)7'70
'40
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hi/'-
srArE oF coLoRA#"
fr";EXHIBIT
@':'/,ln
( *[5':')
County of Garfield
At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held
in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday
the 6ft of July, z}l},there were present:
John Martin , Commissioner Chairman
Mike Samson
-)
Commissioner
Trdsi Houpt , Commissioner
Deborah Ouinn , Assistant County Attorney
Jean Alberico , Clerk of the Board
Ed Green (absent), CountY Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO.
A RESOLUTION CONCERNED WITH THE APPROVAL OF A TEXT AMENDMENT
TO THE TJNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED,
SPECIFICALLY FOR THE INCLUSION OF THE TRAFFIC IMPACT FEE
REQUIREMENTS TO ARTICLE VII STANDARDS AND CLARIFICATIONS AND
AMENDMENTS TO SECTION 4-502 (IMPROVEMENTS AGREEMENT AND
DEVELOPMENT AGREEMENTS) PROVIDED FOR IN EXHIBITS A AND B
(ATTACHED HERETO)
PARCEL NO# N/A
Recitals
A. The Planning Director of Garfield County, Colorado, initiated a Text Amendment
application to amend certain provisions (below) of the Unihed Land Use Resolution of 2008, as
amended which are specifically contained in Exhibits A and B (attached hereto) and described
below:
1) lnclusion of the Traffic lmpoct Fee requirements to Article Vll Standords; and
2) Clorificotions and dmendments to Section 4-502 (lmprovements Agreement and
Devel o pment Agre e m e nts)
B. On April 28,2}|O,the Garfield County Plan-ning and Zoning Commission forwarded a
unanimous recommendation of approval to the Board of County Commissioners.
Page 1 of3
C. On July 6fr,2010, the Board of County Commissioners opened a public hearing upon
the question of whether the Text Amendment should be approved, approved with changes, or
denied at which hearing the public and interested persons were given the opportunity to express
their opinions regarding the issuance of said Text Amendments.
D. The Board of County Commissioners closed the public hearing on July 6ft, 2010 to
make a final decision.
E. The Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determinations of fact:
1. That the public hearings before the Planning Commission and Board of County
Commissioners were extensive and complete, that all pertinent facts, matters and issues
were submitted and that all interested parties were heard'
2. That the application has met the public notice and public hearing requirements of the
Garfield county Unified Land Use Resolution of 2008, as amended.
3. That the proposed text amendments have been determined to be in the best interest of the
health, .uf"iy, morals, convenience, order, prosperity and welfare of the citizens of
Garfield County.
4. The proposed text amendments are consistent with applicable standards of the Unified
Land Use Resolution of 2008, as amended, and complies with the Garfield Coturty
Comprehensive Plan of 2000, as amended.
5. The proposed text amendments do not conflict with State statutory provisions regulating
land use.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Garfield County, Colorado, that the Garfield County Unified Land Use Resolution of 2008, and
identified as its Resolution No. 08-115, as subsequently amended by this Board, shall be and
hereby is amended as shown on the attached Exhibits A and B and said language will be
incorporated into the codified Garfietd County Unified Land Use Resolution adopted on October
13ft,2009:
ADOPTED this
ATTEST:
day of ,2010
GARFIELD COUNTY BOARD OF
COMMIS SIONERS, GARFIELD
COLINTY, COLORADO
Clerk of the Board
Page2 of 3
Chairman
Upon motion duly
following vote:
made and seconded the foregoing Resolution was adopted by the
STATE OF COLORADO
County of Garfield
I,, County Clerk and ex-officio Clerk of the Board of
County Commissioners, in and for the County and State aforesaid, do hereby certify that the
annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the
Board of County Commissioners for said Garfield County, now in my office.
)
)ss
)
IN WITNESS WHEREOF, I have hereunto set my hand and affrxed the
County, at Glenwood Springs, this
-
day of
County Clerk and ex-officio Clerk of the Board of County Commissioners
seal of said
A.D.2010.
Page 3 of3
Section 7-406 Stondords for Troffic lmpoct Fees
D. General Requirements
off-rit" ,ood iroacts sholl be evaluated for subdivisions throuah comPletion of o troffic
,tud, iintifvino the wlume of traffic aenerated from the development bdsed on TriD
Guneration Rote calculations utilizina the most current lnstitute of Trdffic Enqineers
Trip Generdtion M;nuol to establish an Averooe Doilv Traffic (ADTI' The rood impoct
fee Jail be estoblished as a result of enterina the opolicable data identified in the Road
lmpact Fee colculation Work Sheet located in Appendix A'
Fiftv percent (50%t of the road impoct fees shall be collected ot the Finol Plot for a
subdivision if the affected Countv road proiect is scheduled to start within five vears in
o caoitol lmorovem-ents plon odopted bv the Board of countv commissioners.All other
;ad impdct fees will be collected dt the issuance of d buildinq permit-
An, ,ood i^poct fees collected will be put into a seporote interest beorinA account in
thu Count, Treasurer's office for eoch road that impoct fees are collected. All fees
illected ond interest occiied must be spent on cooitol improvements to the soecific
rood for which the tees were collected within twentv (2Ot vears of the date that the fee
i established. All copinl expenditures must be consistent with the capitol
ir*ou"^"nts plon used as a basis for establishinq the fee. lf after twentv (2Ol vears
th, fees c:ollected have not been spent in accordance with the copitol improvements
-olaiied
to establish the fee allfees will be returned to the lond owner of the DroDertv
assessed an impact fee with interest accrued'
To the extend the Countv has expended funds consistent with o coPital imProvements
plan for a particulor road and o propertv owner has not poid o road impoct fee as
,"ouir"d fo, o buildina permit which establishes odditional ADT the impact fee sholl be
collect at the time a buildinq permit is issued to recoup the expenditure' Anv fees
.,,trrt"d oft", th" ciptetion of on identified road proiect. will be credited to the
oOOroOriote proiect ond will be used to reimburse the Countv for the funds advanced to
complete the Proiect.
The countv mov use rood impact fees for o specific rood improvement identified as o
critical focilitv with a hiah prioritv for heolth and safetv reasons in a Capital
l.Or*i,"*rnt, Plon adwted bv the Boord of Countv Commissioners in advonce of the
comiletion of thi entire road improvement proiect' Anv such use of funds must be
,onirlrcnt with the basis for the impoct fee' tf' after the use of rood imoact fees for a
;riilcol facilitv roacl improvement the Countv foils to complete the entire Droiect
identified in the cooiial improvements plon within the twentv (201 veor period of
,rllrrtion th" proportionate share with interest. will be returned to the owner of the
propertv subiect to the impoct fee bosecl on the actuol omount of the exoenditures
made on o particular rood svstem.
ovements Plon, the mav determine that certain
"ions of the rood im 'nts to o rood ore critlggllp-gprnp!e@ e there are
dditionol troffi uses added to the road. lf a dev
before the CountY bos ed to moke the necessarv i 'ments identified in the
Copitol lm ts Plan, t veloper may be ol\owed lq-payJh-g.lols!
needed im Countv's e. The will reim
that exceeds omount that be e for road i
time that th ect hod nollv been ed to be
completed. lf the Board of Countv Commissioners has not estoblished o base rood cost
per ADT for the areo in question. the aoplicont will not be obliaated to Drovide an
analvsis of the off'site road impocts.
E. Troffic Studv Areas (Via Resolution 98-28t (Map attachedl
Troffic Studv Area Estimated Cost
Level of
Service
Desian Copocitv
(ADT)Cost per ADT
Area lATotalsl Fees S Zo,ooo E 16,000 s 4
Area lTotals/Fees S +,:+o,ooo E 15,725 S zta
Area 2Totals/Fees s 1,s4q,ooq E 13,800 s 112
Area 3 TslaEllee!s 3,83QJQq E t6pll 5 zze
Area 4 Totalslleel s 1,760,000 E 16,917 S ro+
Area6Totals/Fees S :,aro,ooo E 16,200 S zro
Area 8A*S szo,ooo E 17,000 S 31
Area 8B*s 1,77!p0q E 17,008 s 104
Area 8C*s 79o,ooo E 17,700 s68
Area 8D*s 71q8Q8 E 17,700 Sor
Area 8E*S 1,600,000 E 77,700 S raz
Area 8F*s 1.81o,rQgq 11,700 S rss
Area 8G*S 2,22o,ooo E 7L,700 S rgo
Area 8* Totals S e,zoo,olq E
AreagTotals/Fees s 2,240,000 E 18,433 5 tzz
Area 10 Totals / Fees s 3,16Qp88 E 16,200 s 1r5
{rea 11 Totals / Fees s 6,220,000 E 16,200 S :a+
E
8
F. lmpact Fee Worksheet lnstructions
12)
73) Enter the rood cost at the point of service on line 2. The rood cost will be based on o capitol
lmorovements Plan adopted bv the Boord of Countv Commissioners'
Tl at the poit ice. This14) Enter t
1"m determi
15) Ct
Tronsportation Reseorch Boordl.
the result on Line 4.
16)
17)
heB
T,
5.
lond us m
the
18) Calculote Tax Credits as follows:
land use) on Line 7.
S. E_
investments) on Line 8.
h. Enter the Rood Desian Life (in vearsl on Line 9'
i. Enter the Present worth Factor (PWF) on Line 70. The PWF for vorious combinations of
t Rotes i:
19) Colculote the TED IMPACT
ihe Bose Troffic tmpoct Fee Line 61. Enter the results on Line 12'
20) Colculate the tNFLATION ADJIJSTMENT as follows:
the tax credit (Line 71
d.
veor index.l
e.
CAICUIOTC thE PRE-CONSTRUCTIAN INFLATION ADJUSTMENT IMPACT FEE bV MUItiOIViNq th?
urodiurt"d Road tmpoi Fee (Lini 72t bv the hrlotion Foctor (Line 751' Enter the result on
Line 16. Note: This adiustment is not necessorv if the construction cost estimote is
iiermined the same veor os the fee is collected'
e. Enter the Countv'|s Discount or lnvestment Rote on Line 17' lf the rood ccnstruction wos
financed derive the financed rote from the debt repovment schedule orepored for the
fin*cinoonds,b'titutethederivedrotefortheDiscountRate.
q. Determine the compound tnterest Multiplier from Appendix A' Enter this multiplier on
Line 19. ln the case of debt finoncina enter the imputed multiplier from the debt service
schedule prepored for the finance instrument'
h. COICUIOTC thc POST-CONSTRUCTION ADJUSTED IMPACT FEE bV MUItiDIV|Nq thc
INADIUSTED IOAD IMPACT FEE (Lii12t bv the Compound tnterest Multintier (or
10
G. Traffic tmpact Fee Worksheet E19rnp!9
ROAD IMPACT FEE CALCULATTON WORK SHEET ("Exomple")
I
No, I BASE INFORMATION
Traffic lmpoct StudY Area 8D
Dote Prepored 2/16/2010
7 Project / Lond Use (Number of Totot O*"lling Unitt, tn,l@ 27
2 Bose Road Cost 5j,79o,ooo
3 Road CopacitY in ADT 14,350
4 Road Cost per ADT 5264.11
5 ADT per Land Use 9.57
6 Bose Road lmpact Fees Per Land Use $2,s27.ss
TAX CREDITS
7 80% of Annuol R & B Property Tax per Lol! UE 528.16
I County Discount Rote 4.78%
9 Road Desiqn Life (Yeors)12
10 Present Worth Foctor 8.98
11 Property Tox Credit S2s2.7s
12 UNADIUSTED ROAD IMPAO FEE 52,274.76
[Base Rood lmpoct Fee - Property Tox Credit]
INFLATION AD]USTMENT
13 Denver-Boulder CPI Yeor of Cost Estimote 158.5
14 Denver-Boulder CPI Year of lmpoct Fee 191.9
15 lnflotion Foctor 1.2107
[CPt for Collection Y"or/CPl ofYuor of Crtt E
15 PRE-CONSTR'JCflON INFLATION ADIUSTED ROAD IMPACT FEE $2,7s4.7t
P OST-CO N STR U CTI O N COST ADJ U ST M EN T
l/County Discount Rate 4.78%
78 Term (Yeors since Construction o
19 Co m po u n d I nte rest M u lti PI i e r 1.0000
20 POST-CONSTRUCTION AIUSTED ROAD IMPACT FEE
TOTAL FEE BREAKDOWN
TOTAL FEE FOR TOTAL NUMBER OF DWELLING UNITS
7/2 OF FEE TO BE PAID AT FINAL PLAT $Ez,lso.qg
IMPAC| FEE TO BE COLLECTED WITH EACH BUILDING PERMIT 57,377.0G
1,L
s74,i60.98
H. Map of Traffic Study Ar"rt (ui' n"toluti'
.)r
>;4.----.{----:...: -->--\=:z---j.----:
Iliirtl I
t l1-
iti,t1t"
72
lm provements Ag reement.
County, prior to final approval of the land .use change application' Al gp|l?Y^".1
development agreemel[ "f,rtt
U" signed by the applicanl the Board of County
Commissioners, and ,ii-*ur. of tfie subiect property. The signed agreement
shallbeincludedwiththefinalplatfiling.Thedevelopmentagreementmust
include the followinq:
Phasing schedule.
Language establishing a vested p.rgp9rty right pursuant to the
il"1;io t of Section 1-202, Estabtishment of Vested Property
Righfs of Article L
----a+.Restrictionsontheconveyance,sa]eortransferofanylot,
lots, traci, or tracts of land within the subdivision as set forth in the
plat or as recorded by separate instrument'
1.
2.
ARTICLE IV
AppLtcRttott Rruo RevtEw PnoceouRrs
4.502 DESCRIPTION OF SUBMITTAL REQUIREMENTS
EXHIBIT
Formatted: Not Different flrst page header
Formatted: Font: Not Bold
b2. Performance or property bonds'
c3. Private or public escrow agreements'
Loan commitments'
e6. Assignments of receivables'
f6. Liens on ProPertY.
q?. Letters of credit'
h8. DePosits of certified funds'
i. Performance quarantees'
i9.Other similar suretY agreements.
GIRTITIO COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-73
ARTICLE IV
Appt-tcnrtoru RNo Rrvtew PnoceouREs
4.502 DESCRIPTION OF SUBMTTTAL REQUIREMENTS
a40. Necessary deeds or transfer of property'
b1+. Provisions and schedule for construction of improvements'
-ficludinq
engine
c€. Payment of sewer and water tap fees
d14. Payment of any other necessary fees'
e+5. Transfer of water rights'
-.l+s.
Transfer of roads and improvements, rights-of-way' and
other common elements.
c-1+. Agreements to provide "as built" plans'
h{€. Methods of providing perpetual maintenance of common
property and equiPment.
19. Provisiens fer a heme ewners assoelatien'
i2g. process for amending the @
Agreement.
-:X.
eevenants-a*+eEnforcement provisions'
J.TrafficStudy.ATrafflcStudyshallbesubmittedaspartofthelmpact
Analysis, to identify'construction impicts and projected impacts of the proposed
land use. The Traffic Study shali be comprised of a Basic Traffic Analysis
,titiring existing County tiaffic coun!1 as mapped' the- current County
iiansp"ortatlon ilrn, the'Manual on Uniform Traffic Control Devices, accepted
trpc"n",ationManuals,andcurrentstandardsasappliedbytheColorado
DeparimentofTransportation.TheTrafficstudymayalso.inc,ludeaDetailed
Traffic Analysis, pursuant to Section 4-502(JX7), Thresholds Triggering a
Detaited Traffic Anatysis. The Traffic study shall be prepared by a registered
protessionat engi neei, experienced in Transportation E ngineeri ng'
l.ApplicationsRequiringTrafficstudy.ATrafficStudyshallbe'-
reqlireo for applications subject to Major lmpac! Review,
Su'ndivision Review Review, Ruial Land Development Exemption
Review, Rezoning and PUD.
GARFIELD COUNTY UruITIEO LAND USE RESOLUTION OF 2008, AS AMENDED 4-7 4