HomeMy WebLinkAboutagenda.apz.20110719A AGENDA
ASPEN PLANNING AND ZONING COMMISSION
REGULAR MEETING
TUESDAY, July 19, 2011
4:30 p.m. Sister Cities Room
CITY HALL
I. ROLL CALL
II. COMMENTS
A. Commissioners
B. Planning Staff
C. Public
III. MINUTES
IV. DECLARATION OF CONFLICT OF INTEREST
V. PUBLIC HEARINGS —
A. Lift One Lodge - PUD and Timeshare (continued from 07/05)
B. Miscellaneous Code Amendments
VI. OTHER BUSINESS
VII. BOARD REPORTS
VIII. ADJOURN
Next Resolution Number: 13
y .
MEMORANDUM
TO: Planning and Zoning Commission
THRU: Jennifer Phelan, Community Development Deputy Director
FROM: Drew Alexander, Planner t--.q
RE: Code Amendments - Impact Fees (26.610) and School Land Dedication (26.620);
Resolution No. -, Series of 2011
MEETING DATE: July 19 2011
SUMMARY:
The current City of Aspen Land Use Code imposes a number of impact fees and land
dedication fees -in -lieu upon residential development to ensure that "development pay all or
part of its way." These exactions are currently calculated and based upon the number of
bedrooms proposed for the development. Staff is preparing amendments to the Land Use
Code to eliminate the "bedroom game" and maintain a higher level of service.
Amending the calculation methodology of the impact fees and land dedication fee -in -lieu
should greatly simplify the zoning review process. The affected fees include Parks
Development Impact Fee, Transportation Demand Management (TDM) /Air Quality Impact
Fee, and School Land Dedication. These amendments reflect Land Use Code Chapters
26.610, Impact Fees and 26.620, School Land Dedication.
The Impact Fee and School Land Dedication language was last amended in 2006 by
Community Development Staff and BBC Research and Consulting out of Denver. It was
during this time that the formula for using bedrooms for calculation was arrived at. No
amendments have taken place since 2006.
REVIEW PROCEDURE:
Text Amendment. At a duly noticed public hearing, the Commission shall recommend by
Resolution the City Council to approve, approve with conditions, or deny the application.
BACKGROUND:
For residential development, the impact fees and land dedication fees -in -lieu are calculated
based upon the number of bedrooms in a residence. The Land Use Code has a definition of
"bedroom" that the zoning officer uses when reviewing plans:
Bedroom: A portion of a dwelling unit intended to be used for sleeping purposes, which
may contain closets, and may have access to a bathroom.
This definition is not precise and lends itself to varying interpretation. What frequently
happens (because the fees can be large) is that architects and builders will begin the
Page 1 of 4
"bedroom game" with the zoning officer to try and lessen the fee amount. For example, a
room with a closest may be labeled as a "study" on a plan set to avoid fees, but the zoning
officer will calculate the room as a bedroom because it meets the definition in the code.
Then, the architect will disagree with the decision and make small amendments. These
resubmissions persist until the zoning officer determines the room is no longer a bedroom.
These changes usually look like doors being removed, removal of closets, or eliminated
bathrooms or access to bathrooms.
In an effort to avoid the bedroom debate altogether; staff has prepared a new draft of the
Impact Fees and School Lands Dedication language that uses floor area as the calculation
variable for fees. Staff created a report from approximately 350 building permits dating
back to 2004 and examined two categories: floor area and number of bedrooms. RRC
Associates in Boulder, CO are acting as a consultant on the project and confirming any data
that staff is using for statistical validity. RRC Associates specialize in research and analysis
with an emphasis in land use planning.
Converting the City's impact fee system to a floor area basis will simplify zoning review,
eliminate time wasted debating about the purpose /use of each room, impose fees more
predictably, and make the impact fee estimates more precise for prospective applicants.
Using floor area rather than the number of bedrooms should result in a system that is more
accurate. As stated, the "bedroom game" encourages building permits to have awkward
amendments and less than practical finished layouts. Floor area provides a simple metric
that will accurately assess fees based on the size of home. These amendments will only alter
the method of calculation, not the pre - determined fee schedules that have been in use since
2006.
NEW CALCULATIONS:
For TDM/Air Quality and Parks impact fees, staff has taken the total floor area from the
building permit data and divided the number by the total fees paid for those permits. Based
on the sample size, staff only used dwelling units with 6 bedrooms or less (there were only
very few 7+ bedroom properties to sample from). The total floor area gathered for these
permits was 1,022,427 square feet. The total amount of beds was 1,255. 1,255 bedrooms
would have paid $5,558,395 for Parks Development. $5,558,395 divided by the floor
area amount (1,022,427) equals approximately $5.45 per square foot. The same math
was applied for the TDM/Air Quality Fee.
For School Lands Dedication, staff had to identify the average size of a four bedroom home
(being that was the basis of the previous calculation). After analyzing the date, the average
size of a four bedroom home was identified as 3,475 square feet of floor area. Staff then
took this number and divided the cap on student generation (.452) by it. This resulted in a
per square foot student generation rate of .00013 students. Additionally, to address the type
of increasing scale that is present in the current Code, staff identified a generation rate for
the average sized two- bedroom home. Applying the same math as explained for the 4
bedroom mitigation rate, .00008 was identifying as the generation rate. Three and four
Page 2 of 4
bedroom homes were adjusted accordingly for this scale (.00016 instead of .00013). Please
see Table 2 below.
Throughout this drafting process, staff has been in contact with the Aspen School District,
the Transportation Dept., Parks Dept., and Environmental Health (groups that are impacted
or receive funds from these fees). After this hearing, staff will continue this outreach and
inform these entities of the Planning and Zoning Commission's recommendation.
The new fees would include the following for residential development:
Table 1: Parks and TDM/Air Quality for residential
Parks Development $5.45 per sq. ft of floor area
TDM/Air Quality $0.61 per sq. ft of floor area
Note:
• Hotel development is calculated just as residential floor area.
However, non -unit space will not be contributed to these units during
the calculation for fees.
• Net leasable square foot is already calculated per square foot and will
remain the same.
Table 2: School Land Dedication
Floor area Student Generation Rate
First 1,200 square feet of dwelling unit .00008
Above 1,200 square feet .00016
Upper limit for fee is 3,475 square feet .452
Notes:
- An Accessory Dwelling Unit or Carriage House, as defined by and
meeting the requirements of this Title, shall be calculated as
additional floor area of a single - family or duplex dwelling.
- When redevelopment of a property adds floor area, the difference
between the generation rates of the existing floor area and the
proposed floor area shall be the number of students generated.
- For example, a 950 square foot residential unit would be required to
mitigate for 68 square feet of land (950 *.00008) *896 = 68). Also
see Figure 620.1.
RECOMMENDATION:
Staff recommends the Planning and Zoning Commission recommend approval of the City -
initiated amendments to Impact Fees and School Land Dedication as described in
Resolution , Series of 2011.
Page 3 of 4
RECOMMENDED MOTION:
"I move to approve Resolution , Series of 2011 recommending approval of the
amendments to Impact Fees and School Land Dedication."
Attachments:
Resolution No Series of 2011
Exhibit A: Code language with mark -ups
Exhibit B: PG WER Poi. 5LI bES
Page 4 of 4
RESOLUTION NO. _
(SERIES OF 2011)
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE
CITY OF ASPEN, COLORADO, RECOMMENDING AMENDMENTS TO THE
FOLLOWING SECTION OF THE CITY OF ASPEN LAND USE CODE:
26.610, IMPACT FEES, AND 26.620, SCHOOL LAND DEDICATION
WHEREAS, the Community Development Director of the City of Aspen initiated
an application proposing amendments to the Land Use Code, pursuant to Chapter 26.210;
and,
WHEREAS, the amendments relate to Section 26.610, Impact Fees, and 26.620,
School Land Dedication, of Title 26 of the Aspen Municipal Code; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title
26 of the Municipal Code shall be reviewed and recommended for approval, approval
with conditions, or denial by the Community Development Director and then by the
Planning and Zoning Commission at a public hearing. Final action shall be by City
Council after reviewing and considering these recommendations; and,
WHEREAS, the Community Development Director recommended approval of
amendments to the above listed Sections as further described herein; and,
WHEREAS, review of amendments to the official Land Use Code by the
Planning and Zoning Commission require a public hearing and this application was
reviewed at multiple public hearings were the recommendation of the Community
Development Director and comments from the public were heard; and,
WHEREAS, at regular meeting on July 5 2011, the Planning and Zoning
Commission opened a duly noticed public hearing to consider the amendments as
described herein and continued the hearing to July 19 2011 for further discussion. At
the July 19 2011 meeting, the Planning and Zoning Commission opened a public
hearing, took public comment, considered the recommendation from the Community
Development Director and recommended City Council approve the Land Use Code
amendments by a _ to _ ( - ) vote, with findings and conditions listed hereafter;
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF ASPEN, COLORADO, THAT:
Planning and Zoning Commission
Resolution No. , Series of 2011
Page 1
Section 1:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section 26.610, Impact Fees,
which section defines, describes, authorizes, and regulates the collection of Impact Fees
of Parks Development and Transportation Demand Management (TDM) /Air Quality
within the City of Aspen to read as follows:
Chapter 26.610
IMPACT FEES
Sections:
26.610.010 Purpose and intent
26.610.020 Applicability
26.610.030 Exemptions
26.610.040 Definitions
26.610.050 Imposition, calculation and collection of fees /charges
26.610.060 Impact fee accounts
26.610.070 Use of impact fee proceeds
26.610.080 Credits
26.610.090 Current impact fees
26.610.100 Waiver of fees
26.610.110 Appeals
26.610.010. Purpose and intent.
For residents and visitors, parks and recreation facilities make up a significant part of the
community character of the City. As a result of growth, increased pressure is placed on
existing parks and recreation facilities necessitating acquisition of new park lands and
development of additional recreation facilities in order to maintain the current level of
service. In order to maintain the current community standards for acquisition of open space
and development of parks and recreation facilities, the City finds it necessary to impose a
Park Development impact fee on new development.
Transportation demand management and air quality capital facilities ensure the mobility of
residents, workers and visitors through multi -modal solutions, as well as clean air for the
community. The Aspen Area Community Plan directs the City to maintain traffic levels at or
below 1993 levels in order to protect our environment and quality of life, and the City has
invested in capital facilities to do so. As new development and growth occur, increased
pressure is placed upon our existing facilities, necessitating expansion of these capital
facilities to maintain the current level of service. In order to maintain the current community
standards for transportation demand management and air quality, the City finds it necessary
to impose a Transportation Demand Management/Air Quality impact fee on new
development.
Planning and Zoning Commission
Resolution No. , Series of 2011
Page 2
This Chapter is enacted for the purpose of implementing the City's plans for capital facilities
by requiring that new development pay for its fair share of such facilities through the
imposition of impact fees that will be used to finance, defray or reimburse all or a portion of
the costs incurred by the City to serve new development.
(Ord. No. 33, 2006, §1)
Sec. 26.610.020. Applicability.
Unless expressly exempted, the Park Development impact fee and the Transportation
Demand Management (TDM) /Air Quality impact fee shall be assessed upon all development
within the City which contains new residential floor area or net leasable space.
(Ord. No. 33, 2006, §1)*
26.610.030. Exemptions.
This Chapter does not apply to:
A. Development involving a property listed on the Aspen Inventory of Historic
Landmark Sites and Structures. This exemption is solely for an historic structure and its
accessory structures. Development on an historic landmark property involving a non-
historic or new building shall not be exempt.
B. Alteration, expansion or replacement of a structure which does not create additional
floor area or net leasable space.
(Ord. No. 33, 2006, §1)*
26.610.040. Definitions.
When used in this Chapter, the following words, terms and phrases, and their derivations,
shall have the meanings ascribed to them in this Section, except where the context clearly
indicates a different meaning. Other words and terms shall be defined under the Definition
section of this Title:
A. Building permit means any City permit that involves increases in floor area, net
leasable square footage and/or changes to land use.
B. Capital facilities means land, structures or equipment for purposes of parks and
recreation, transportation demand management and air quality. Capital facilities also
includes design, engineering, inspection, testing, planning, legal review, land acquisition
and all other costs associated with the construction or purchase of land, structures or
equipment.
C. Collection means the point at which the impact fee /charge is actually paid to the City.
D. Impact fee means a monetary exaction imposed by the City pursuant to this Chapter
as a condition of or in connection with approval of a development project for the purpose
of defraying all or some of the City's cost for capital facilities associated with that
development project.
Planning and Zoning Commission
Resolution No. , Series of 2011
Page 3
E. Impose means to determine that a particular development project is subject to the
collection of impact fees as a condition of development approval.
F. New development or development project means any project undertaken for the
purpose of development, including without limitation a project involving the issuance of
a permit for construction, reconstruction or change of use but not a project involving the
issuance of a permit to operate or to remodel, rehabilitate, reconstruct or improve an
existing structure, which does not change the amount of floor area, amount of net leasable
space, density or intensity of use.
G. Nonresidential development project means all development other than residential
development projects.
H. Residential development project means any development, inclusive of hotel
development, undertaken to create a new dwelling/lodge unit or add additional floor area
to an existing dwelling/lodge unit.
(Ord. No. 33, 2006, §1)*
26.610.050. Imposition, calculation and collection of fees /charges.
A. Imposition. Except as provided in this Chapter and any amendment to this Chapter,
the City may impose impact fees as a condition of approval of all new development
proj ects.
B. Updated annually. The base amount of each impact fee for each type of
development project may be calculated annually and adopted by City Council ordinance.
The City may choose to update its fee schedule based on the change in the Engineering
News Record inflation index that occurs between annual updates.
C. Collection. Impact fees shall be collected by the Building Department at the time and
as a condition for issuance of a building permit.
(Ord. No. 33, 2006, §1)
26.610.060. Impact fee accounts.
A. Individual accounts. The City shall establish an impact fee account for each type of
capital facility for which an impact fee is imposed. The impact fees collected shall be
deposited in each such account according to type of improvement. The funds of the
account shall not be commingled with other funds of the City.
B. Interest - bearing. Each impact fee account shall be interest- bearing, and the
accumulated interest shall become part of the account.
(Ord. No. 33, 2006, §1)
26.610.070. Use of impact fee proceeds.
Impact fees may be expended only for the type of capital facilities for which they were
imposed, calculated and collected and according to procedures established in this Chapter.
Planning and Zoning Commission
Resolution No. , Series of 2011
Page 4
Impact fees may be used to pay the principal, interest and other costs of bonds, notes and
other obligations issued or undertaken by or on behalf of the City to finance such
improvements. (Ord. No. 33, 2006, §1)
Sec. 26.610.080. Credits.
A. A property owner who dedicates land or improvements, agrees to participate in an
improvement district or otherwise contributes funds for capital facilities as defined in this
Chapter may be eligible for a credit for such contribution against the impact fee paid.
1. The City Council shall determine:
a. The value of the developer contribution;
b. Whether the contribution meets capital facilities' needs for which the
particular impact fee has been imposed; and
c. Whether the contribution will substitute or otherwise reduce the need for
capital facilities anticipated to be provided with impact fee funds.
In no event, however, shall the credit exceed the amount of the applicable impact fee.
B. When additional residential floor area, hotel floor area or net leasable space are
proposed after the demolition of a dwelling unit, lodge unit, or net leasable space, either
individually or in combination, a credit for the existing floor area or net leasable space
shall be credited towards the replacement development. A credit may only be allocated
towards the development on an individual lot and cannot be assigned towards
development on a separate lot.
C. Any application for credit must be submitted on forms provided by the City before
development project approval. The application shall contain a declaration under oath of
those facts which qualify the property owner for the credit, accompanied by the relevant
documentary evidence.
(Ord. No. 33, 2006, §1)*
26.610.090. Current impact fees.
The following impact fees are the result of the "City of Aspen Impact Fee Study and Update
of School Lands Dedication" study, which was sponsored by the City of Aspen and
completed by BBC Research and Consulting on August 7, 2006. This study is available at
the Community Development Department. On August _, 2011, the Impact Fees were
amended by the City of Aspen in order to make floor area the calculation variable instead of
bedrooms. Impact fees are hereby established as follows:
Planning and Zoning Commission
Resolution No. , Series of 2011
Page 5
Table 610.1, Impact Fee Schedule
Parks Development Fee
Residential and Hotel (per sq. ft. floor area) $5.54
Nonresidential (per net leasable sq. ft.) 4.10
TDM/Air Quality Fee
Residential and Hotel (per sq. ft. floor area) $0.61
Nonresidential (per net leasable sq. ft.) 0.46
Notes:
- An Accessory Dwelling Unit or Carriage House, as defined by and meeting the
requirements of this Title, shall be calculated as additional floor area of a single -
family or duplex dwelling.
- The calculation for hotel units shall include only the floor area associated with
the individual lodging units. The payment of Parks Development and TDM/Air
Quality fees shall not include non -unit space.
(Ord. No. 33, 2006, §1)*
26.610.100. Waiver of fees.
Whenever the City Council determines that any part of a proposed development constitutes
an affordable housing development or an essential public facility, as defined by this Title, and
wishes to subsidize the construction, the City Council may exempt that part of the
development from the application of the impact fees or may reduce by any amount the fees
imposed by this Chapter. As an economic development incentive, a lodging development
may apply for a waiver of the impact fees. An application for a waiver must be made and
acted upon by the City Council prior to the submission of a building permit application.
Retroactive waivers are not permitted.
(Ord. No. 33, 2006, §1)
Sec. 26.610.110. Appeals.
Prior to issuance of a building permit, the applicant may challenge the imposition of a fee
imposed pursuant to this Chapter by filing with the Community Development Director a
written notice of appeal as provided in Section 26.316.030, Appeals procedures, with a full
statement of the grounds and an appeal fee as may be fixed from time to time by ordinance by
the City Council. The City may continue processing the building permit application. If the
building permit is available for issuance by the City and the appeal has not been heard, the
building permit may be issued if a bond or other security in an amount equal to the
challenged/unpaid portion of the impact fee /charge is provided to the City. The appeal shall
be heard by the City Council.
Planning and Zoning Commission
Resolution No. , Series of 2011
Page 6
(Ord. No. 33, 2006, §1)
Section 2:
Pursuant to Section 26.310 of the Municipal Code, the Aspen Planning and Zoning
Commission hereby recommends City Council amend Section 26.620, School Land
Dedication, which section defines, describes, authorizes, and regulates the collection of
School Land Dedication fee -in -lieu within the City of Aspen to read as follows:
Chapter 26.620
SCHOOL LAND DEDICATION
Sections:
26.620.010 Purpose and intent
26.620.020 Applicability
26.620.030 Exemptions
26.620.040 Definitions
26.620.050 Imposition, calculation and collection of dedications
26.620.060 Procedures for land dedication and/or cash payment
26.620.070 Current land dedication and cash -in -lieu fees
26.620.080 Appeals
26.620.010. Purpose and intent.
The Aspen School District requires land for necessary school functions which may include,
but are not limited to, school buildings, support facilities, open space and recreation areas and
housing for employees and their immediate families. The purpose of this provision is to
ensure that, as development occurs and enrollment in the schools grows, the current level of
service provided to students can be maintained. This is accomplished by the adoption of
standards for new development to provide land, or cash in lieu thereof, to the City, for use by
the Aspen School District. The standards are based on the number of students the
development generates and the current level of service standard within the Aspen School
District for land area provided per student.
(Ord. No. 33, 2006, §2)
26.620.020. Applicability.
Unless expressly exempted, the school land dedication standard shall be assessed upon all
development within the City which contains residential dwelling units or additional floor
area. The school land dedication standard shall only be assessed on the first 3,475 sq. ft. of
floor area per dwelling unit.
(Ord. No. 33, 2006, §2)*
Sec. 26.620.030. Exemptions.
Any development considered nonresidential development, as defined by this Chapter, is
exempt from the school land dedication.
Planning and Zoning Commission
Resolution No. _, Series of 2011
Page 7
(Ord. No. 33, 2006, §2)
Sec. 26.620.040. Definitions.
When used in this Chapter, the following words, terms and phrases, and their derivations,
shall have the meanings ascribed to them in this Section, except where the context clearly
indicates a different meaning:
A. Building permit means any City permit that increases residential floor area and/or
changes of land use.
B. Collection means the point at which land or a cash payment in lieu is actually
transferred or paid to the City.
C. Impose means to determine that a particular development project is subject to the
collection of a land dedication as a condition of development approval.
D. Land dedication means a land exaction imposed by the City pursuant to this Chapter
as a condition of or in connection with approval of a development project for the purpose
of defraying all or some of the Aspen School District's cost for capital facilities associated
with that development project.
E. New development or development project means any project undertaken for the
purpose of development, including without limitation, a project involving the issuance of
a permit for construction, reconstruction or change of use but not a project involving the
issuance of a permit to operate or to remodel, rehabilitate, reconstruct or improve an
existing structure, which does not change the amount of floor area.
F. Nonresidential development project means all development other than residential
development.
G. Residential development project means any development undertaken to create a
new dwelling unit or to add additional floor area to an existing dwelling unit, excluding
hotel units.
(Ord. No. 33, 2006, §2)
26.620.050. Imposition, calculation and collection of dedications.
A. Imposition. Except as provided in this Chapter and any amendment to this Chapter,
the City may impose a school land dedication as a condition of approval of all new
development projects. All lands dedicated to the City pursuant to this Section shall be
held by the City for the Aspen School District, until such time as they shall be requested
by the School District for school purposes. The Aspen School District shall be
responsible for maintenance of said lands in a reasonable manner while they are being
held by the City.
Planning and Zoning Commission
Resolution No. , Series of 2011
Page 8
B. Collection. Land dedications shall be finalized and completed prior to building
permit application. A cash payment in lieu, however, shall be collected by the Building
Department at the time and as a condition for issuance of a building permit.
1. Funds. All funds collected pursuant to this Chapter shall be transferred by the
Community Development Director to the Finance Director. All funds so collected
shall be properly identified and promptly deposited in a designated account.
Funds withdrawn from this fund shall be used exclusively for the purposes
specified herein.
2. City shall transfer funds to School District. Funds collected pursuant to this
Chapter shall be remitted monthly to the Aspen School District. The Aspen
School District shall deposit said funds into an interest - bearing account authorized
by law. The Aspen School District shall be the owner of the funds in the account,
but the signature of the chief financial officer of the Aspen School District, or his
or her designee, and the signature of the Finance Director of the City shall be
required for the withdrawal of monies from the account.
3. Administrative Fee. The City shall be entitled to retain two percent (2 %) of the
funds collected to compensate it for its administrative expenses of collecting the
fees. Said fees shall be deposited in the City's general revenue fund to be
expended as the City shall determine in its sole discretion.
C. Updated Annually. The land dedication standard imposed may be updated annually
and adopted by City Council ordinance.
(Ord. No. 33, 2006, §2)
26.620.060. Procedures for land dedication and/or cash payment.
A. Land Dedication. Lands to be dedicated to the City to fulfill the standards of this
Chapter shall be identified on the subdivision plat and shall be dedicated to the City at the
time of final plat approval.
1. Acceptance. Acceptance of the lands to be dedicated shall be at the discretion of
the City Council.
2. Criteria. Prior to acceptance, the City shall consider the comments of the Aspen
School District to determine whether the lands proposed to be dedicated are of
adequate size and can be suitably developed for school purposes or whether the
lands have the capability of being sold, with the proceeds being used for school
purposes. The City shall also consider the probable impacts on neighboring
properties of the development of the lands for school purposes. When the lands
proposed to be dedicated are not adequate or suitable for school purposes and
cannot feasibly be sold, the City shall require a cash payment in lieu of the land
dedication.
Planning and Zoning Commission
Resolution No. , Series of 2011
Page 9
B. Cash -in -lieu payment. Payment of cash in lieu of a land dedication shall be made to
the City prior to and on a proportional basis to the issuance of any building permits for
the residential dwelling units.
(Ord. No. 33, 2006, §2)
26.620.070. Current land dedication and cash -in -lieu fees.
A. The following land dedication is the result of the "City of Aspen Impact Fee Study
and Update of School Lands Dedication" study, which was sponsored by the City and
completed by BBC Research and Consulting on August 7, 2006. This study is available
at the Community Development Department. The land dedication was amended on
August , 2011 to implement a change that began using floor area as a basis of
calculation instead of bedrooms.
The current land area required per student equals 896 square feet. Table 620.1 provides
the student generation rates as follows:
Table 620.1, Student Generation Rates
Floor area Student Generation Rate
First 1,200 square feet of dwelling unit .00008
Above 1,200 square feet .00016
Upper limit for fee is 3,475 square feet .452
Notes:
- An Accessory Dwelling Unit or Carriage House, as defined by and meeting the
requirements of this Title, shall be calculated as additional floor area of a single -
family or duplex dwelling.
- When redevelopment of a property adds floor area, the difference between the
generation rates of the existing floor area and the proposed floor area shall be the
number of students generated.
- When a scrape- and - replace project is proposed, the redevelopment shall be credited
the floor area from the demolished residential dwelling unit. Credit from a
demolished dwelling unit cannot be allocated to more than one replacement dwelling
unit or to development on a different lot.
- For a general example, a 950 square foot residential unit would be required to
mitigate for 68 square feet of land (950 *.00008) *896. Also see Figure 620.1.
Planning and Zoning Commission
Resolution No. _, Series of 2011
Page 10
Figure 620.1, School Land Dedication Calculation
Land Area per Student Standard (square feet)
multiplied by
Total Students Generated (Provided in Table 620.1, Student Generation Rates)
equals
Total Square Feet to be Dedicated
B. Cash payment in lieu. An applicant may make a cash payment in lieu of dedicating
land to the City, or may make a cash payment in combination with a land dedication, to
comply with the standards of this Chapter. Because of the extraordinary cost of land
within the City, the School District and the City agreed to require payment of a cash -in-
lieu amount which is less than the full market value of the land area. The formula to
determine the amount of cash -in -lieu payment for each residential dwelling unit is as
follows:
Figure 620.2, Cash -in -Lieu Formula
Total Square Feet to be Dedicated
multiplied by
Appraised Per - Square - Foot Value of Land Being Developed
multiplied by
Percentage of Fee to be Charged (0.33)
equals
Cash -in -Lieu Payment
Planning and Zoning Commission
Resolution No. , Series of 2011
Page 11
Figure 620.3, Cash Payment in Lieu Example
The following example provides a development scenario in which an existing 2000 sq. ft.
(floor area) detached residential dwelling is remodeled, creating 500 additional sq. ft. of floor
area, and the same parcel is also developed with an additional 1,000 sq. ft. (floor area)
detached residential dwelling unit. This assumes the same developer is paying the fee for both
dwelling units.
Floor Area Students Generated
2,000 plus additional 1,000 .16
(1000 sq. ft. x .00016)
plus
1,000 sq. ft. .08
(1,000 sq. ft. x .00008)
equals
Total Student Generation Rate .24
Land Dedication Calculation
Land Area per Student Standard (sq. ft.) 896
multiplied by
Total Students Generated (from above calculation) .145
equals
Total Square Feet to be Dedicated 215.04
When calculating a cash payment in lieu of a land dedication (assuming a total land value of
$1,942,460.00 for a 6,000 - square -foot lot containing the two dwelling units), the following
calculation would be used to determine the cash payment in lieu:
Market Value of Land per sq. ft. $323.74 per sq. ft.
multiplied by
Total Square Feet to be Dedicated 215.04
multiplied by
Percentage of Fee to be Charged 0.33
equals
Cash Payment in Lieu $22,973.62
Planning and Zoning Commission
Resolution No. , Series of 2011
Page 12
1. Current market value. Current market value means the value of the land at the
time of the cash -in -lieu payment, including site improvements such as streets and
utilities, but excluding the value of residential dwelling units and other structures
on the property.
2. Substantiation. Market value may be substantiated by a documented purchase
price (if an arms - length transaction no more than two [2] years old) or other
mutually agreed -upon recognized means.
3. Appraisal. In the event the developer and the City fail to agree on market value,
such value shall be established by a qualified real estate appraiser acceptable to
both parties. The developer shall pay for the appraisal.
C. Mixed Use Development. Properties containing mixed use development shall only
pay the School Land Dedication fee -in -lieu for the floor area associated with the
residential component of the development. Non -unit space shall not contribute to the
payment of School Land Dedication.
26.620.080. Appeals.
A. Prior to issuance of a building permit, the applicant may challenge the imposition of a
land dedication imposed pursuant to this Chapter by filing with the Community
Development Director a written notice of appeal as provided in Section 26.316.030,
Appeals procedures, with a full statement of the grounds and an appeal fee as may be
fixed from time to time by ordinance by the City Council. The City may continue
processing the building permit application. If the building permit is available for issuance
by the City and the appeal has not been heard, the building permit may be issued if a bond
or other security in an amount equal to the challenged/unpaid portion of the land
dedication is provided to the City. The appeal shall be heard by the City Council.
(Ord. No. 33, 2006, §2)
Section 3:
A public hearing on this Resolution was held on the 19 day of July, 2011, at 4:30 p.m. in
the Sister Cities Room, Aspen City Hall, Aspen Colorado, and where more than fifteen
(15) days prior a public notice of the same was published in a newspaper of general
circulation within the City of Aspen.
Planning and Zoning Commission
Resolution No. , Series of 2011
Page 13
FINALLY, adopted, passed and approved this day of , 2011.
Attest:
City Clerk Stan Gibbs, Chair
Approved as to form:
City Attorney
Planning and Zoning Commission
Resolution No. , Series of 2011
Page 14
EX IA I C3 /A
Chapter 26.610
IMPACT FEES
Sections:
26.610.010 Purpose and intent
26.610.020 Applicability
26.610.030 Exemptions
26.610.040 Definitions
26.610.050 Imposition, calculation and collection of fees /charges
26.610.060 Impact fee accounts
26.610.070 Use of impact fee proceeds
26.610.080 Credits
26.610.090 Current impact fees
26.610.100 Waiver of fees
26.610.110 Appeals
26.610.010. Purpose and intent.
For residents and visitors, parks and recreation facilities make up a significant part of the community
character of the City. As a result of growth, increased pressure is placed on existing parks and
recreation facilities necessitating acquisition of new park lands and development of additional
recreation facilities in order to maintain the current level of service. In order to maintain the current
community standards for acquisition of open space and development of parks and recreation
facilities, the City fords it necessary to impose a Park Development impact fee on new development.
Transportation demand management and air quality capital facilities ensure the mobility of residents,
workers and visitors through multi -modal solutions, as well as clean air for the community. The
Aspen Area Community Plan directs the City to maintain traffic levels at or below 1993 levels in
order to protect our environment and quality of life, and the City has invested in capital facilities to
do so. As new development and growth occur, increased pressure is placed upon our existing
facilities, necessitating expansion of these capital facilities to maintain the current level of service.
In order to maintain the current community standards for transportation demand management and air
quality, the City finds it necessary to impose a Transportation Demand Management/Air Quality
impact fee on new development.
This Chapter is enacted for the purpose of implementing the City's plans for capital facilities by
requiring that new development pay for its fair share of such facilities through the imposition of
impact fees that will be used to finance, defray or reimburse all or a portion of the costs incurred by
the City to serve new development.
(Ord. No. 33, 2006, §1)
Sec. 26.610.020. Applicability.
Unless expressly exempted, the Park Development impact fee and the Transportation Demand
Management (TDM) /Air Quality impact fee shall be assessed upon all development within the City
which contains new residential units floor area or net leasable space.
(Ord. No. 33, 2006, §1)*
r
26.610.030. Exemptions.
This Chapter does not apply to:
A. Development involving a property listed on the Aspen Inventory of Historic Landmark Sites
and Structures. This exemption is solely for an historic structure and its accessory structures.
Development on an historic landmark property involving a non - historic or new building shall not
be exempt.
B. Alteration, expansion or replacement of a structure which does not create additional
bedrooms floor area or net leasable space.
(Ord. No. 33, 2006, §1)*
26.610.040. Definitions.
When used in this Chapter, the following words, terms and phrases, and their derivations, shall have
the meanings ascribed to them in this Section, except where the context clearly indicates a different
meaning. Other words and terms shall be defined under the Definition section of this Title:
A. Building permit means any City permit that involves increases in the number of bedrooms
floor area, net leasable square footage and/or changes to land use.
B. Capital facilities means land, structures or equipment for purposes of parks and recreation,
transportation demand management and air quality. Capital facilities also includes design,
engineering, inspection, testing, planning, legal review, land acquisition and all other costs
associated with the construction or purchase of land, structures or equipment.
C. Collection means the point at which the impact fee /charge is actually paid to the City.
D. Impact fee means a monetary exaction imposed by the City pursuant to this Chapter as a
condition of or in connection with approval of a development project for the purpose of
defraying all or some of the City's cost for capital facilities associated with that development
project.
E. Impose means to determine that a particular development project is subject to the collection
of impact fees as a condition of development approval.
F. New development or development project means any project undertaken for the purpose of
development, including without limitation a project involving the issuance of a permit for
construction, reconstruction or change of use but not a project involving the issuance of a permit
to operate or to remodel, rehabilitate, reconstruct or improve an existing structure, which does
not change the miffibef amount of bedrooms floor area, amount of net leasable space, density or
intensity of use.
G. Nonresidential development project means all development other than residential
development projects.
H. Residential development project means any development, inclusive of hotel development,
undertaken to create a new dwelling/lodge unit or add one (1) or more additional bedrooms floor
area to an existing dwelling/lodge unit.
2
(Ord. No. 33, 2006, §1)*
26.610.050. Imposition, calculation and collection of fees /charges.
A. Imposition. Except as provided in this Chapter and any amendment to this Chapter, the City
may impose impact fees as a condition of approval of all new development projects.
B. Updated annually. The base amount of each impact fee for each type of development
project may be calculated annually and adopted by City Council ordinance. The City may
choose to update its fee schedule based on the change in the Engineering News Record inflation
index that occurs between annual updates.
C. Collection. Impact fees shall be collected by the Building Department at the time and as a
condition for issuance of a building permit.
(Ord. No. 33, 2006, §1)
26.610.060. Impact fee accounts.
A. Individual accounts. The City shall establish an impact fee account for each type of capital
facility for which an impact fee is imposed. The impact fees collected shall be deposited in each
such account according to type of improvement. The funds of the account shall not be
commingled with other funds of the City.
B. Interest - bearing. Each impact fee account shall be interest - bearing, and the accumulated
interest shall become part of the account.
(Ord. No. 33, 2006, §1)
26.610.070. Use of impact fee proceeds.
Impact fees may be expended only for the type of capital facilities for which they were imposed,
calculated and collected and according to procedures established in this Chapter. Impact fees may
be used to pay the principal, interest and other costs of bonds, notes and other obligations issued or
undertaken by or on behalf of the City to finance such improvements. (Ord. No. 33, 2006, §1)
Sec. 26.610.080. Credits.
A. A property owner who dedicates land or improvements, agrees to participate in an
improvement district or otherwise contributes funds for capital facilities as defined in this
Chapter may be eligible for a credit for such contribution against the impact fee paid.
1. The City Council shall determine:
a. The value of the developer contribution;
b. Whether the contribution meets capital facilities' needs for which the particular
impact fee has been imposed; and
c. Whether the contribution will substitute or otherwise reduce the need for capital
facilities anticipated to be provided with impact fee funds.
In no event, however, shall the credit exceed the amount of the applicable impact fee.
B. When additional residential bedrooms floor area, hotel bedrooms floor area or net leasable
space are proposed after the demolition of a dwelling unit, lodge unit, or net leasable space,
either individually or in combination, a credit for the existing floor area or net leasable space
shall be credited towards the replacement development. A credit may only be allocated towards
the development on an individual lot and cannot be assigned towards development on a separate
lot.
C. Any application for credit must be submitted on forms provided by the City before
development project approval. The application shall contain a declaration under oath of those
facts which qualify the property owner for the credit, accompanied by the relevant documentary
evidence.
(Ord. No. 33, 2006, §1)*
26.610.090. Current impact fees.
The following impact fees are the result of the "City of Aspen Impact Fee Study and Update of
School Lands Dedication" study, which was sponsored by the City of Aspen and completed by BBC
Research and Consulting on August 7, 2006. This study is available at the Community Development
Department. On August _, 2011, the Impact Fees were amended by the City of Aspen in order to
make floor area the calculation variable instead of bedrooms. Impact fees are hereby established as
follows:
Table 610.1, Impact Fee Schedule
Parks Development Fee
Residential and Hotel (per sq. ft. floor area) $5.54
Nonresidential (per net leasable sq. ft.) 4.10
TDM/Air Quality Fee
Residential and Hotel (per sq. ft. floor area) $0.61
Nonresidential (per net leasable sq. ft.) 0.46
Notes:
- An Accessory Dwelling Unit or Carriage House, as defined by and meeting the
requirements of this Title, shall be calculated as additional floor area of a single -
family or duplex dwelling.
- The calculation for hotel units shall include only the floor area associated with
the individual lodging units. The payment of Parks Development and TDM /Air
Quality fees shall not include non -unit space.
(Ord. No. 33, 2006, §1)*
26.610.100. Waiver of fees.
Whenever the City Council determines that any part of a proposed development constitutes an
affordable housing development or an essential public facility, as defined by this Title, and wishes to
4
subsidize the construction, the City Council may exempt that part of the development from the
application of the impact fees or may reduce by any amount the fees imposed by this Chapter. As an
economic development incentive, a lodging development may apply for a waiver of the impact fees.
An application for a waiver must be made and acted upon by the City Council prior to the
submission of a building permit application. Retroactive waivers are not permitted.
(Ord. No. 33, 2006, §1)
Sec. 26.610.110. Appeals.
Prior to issuance of a building permit, the applicant may challenge the imposition of a fee imposed
pursuant to this Chapter by filing with the Community Development Director a written notice of
appeal as provided in Section 26.316.030, Appeals procedures, with a full statement of the grounds
and an appeal fee as may be fixed from time to time by ordinance by the City Council. The City
may continue processing the building permit application. If the building permit is available for
issuance by the City and the appeal has not been heard, the building permit may be issued if a bond
or other security in an amount equal to the challenged/unpaid portion of the impact fee /charge is
provided to the City. The appeal shall be heard by the City Council.
(Ord. No. 33, 2006, §1)
Chapter 26.620
SCHOOL LAND DEDICATION
Sections:
26.620.010 Purpose and intent
26.620.020 Applicability
pP tY
26.620.030 Exemptions
26.620.040 Defmitions
26.620.050 Imposition, calculation and collection of dedications
26.620.060 Procedures for land dedication and/or cash payment
26.620.070 Current land dedication and cash -in -lieu fees
26.620.080 Appeals
26.620.010. Purpose and intent.
The Aspen School District requires land for necessary school functions which may include, but are
not limited to, school buildings, support facilities, open space and recreation areas and housing for
employees and their immediate families. The purpose of this provision is to ensure that, as
development occurs and enrollment in the schools grows, the current level of service provided to
students can be maintained. This is accomplished by the adoption of standards for new development
to provide land, or cash in lieu thereof, to the City, for use by the Aspen School District. The
standards are based on the number of students the development generates and the current level of
service standard within the Aspen School District for land area provided per student.
(Ord. No. 33, 2006, §2)
26.620.020. Applicability.
Unless expressly exempted, the school land dedication standard shall be assessed upon all
development within the City which contains residential units dwelling units or additional floor area.
The school land dedication standard shall only be assessed on the first 3,475 sq. ft. of floor area per
dwelling unit.
(Ord. No. 33, 2006, §2)*
Sec. 26.620.030. Exemptions.
Any development considered nonresidential development, as defined by this Chapter, is exempt
from the school land dedication.
(Ord. No. 33, 2006, §2)
Sec. 26.620.040. Definitions.
When used in this Chapter, the following words, terms and phrases, and their derivations, shall have
the meanings ascribed to them in this Section, except where the context clearly indicates a different
meaning:
A. Building permit means any City permit that increases - - . .. -- residential
floor area and/or changes to of land use.
B. Collection means the point at which land or a cash payment in lieu is actually transferred or
paid to the City.
C. Impose means to determine that a particular development project is subject to the collection
of a land dedication as a condition of development approval.
D. Land dedication means a land exaction imposed by the City pursuant to this Chapter as a
condition of or in connection with approval of a development project for the purpose of
defraying all or some of the Aspen School District's cost for capital facilities associated with that
development project.
E. New development or development project means any project undertaken for the purpose of
development, including without limitation, a project involving the issuance of a permit for
construction, reconstruction or change of use but not a project involving the issuance of a permit
to operate or to remodel, rehabilitate, reconstruct or improve an existing structure, which does
not change the number amount of beelfeem-s floor area.
F. Nonresidential development project means all development other than residential
development.
G. Residential development project means any development undertaken to create a new
dwelling unit or to add one (1) or more additional bedrooms area to an existing dwelling
unit, excluding hotel units.
(Ord. No. 33, 2006, §2)
6
26.620.050. Imposition, calculation and collection of dedications.
A. Imposition. Except as provided in this Chapter and any amendment to this Chapter, the City
may impose a school land dedication as a condition of approval of all new development projects.
All lands dedicated to the City pursuant to this Section shall be held by the City for the Aspen
School District, until such time as they shall be requested by the School District for school
purposes. The Aspen School District shall be responsible for maintenance of said lands in a
reasonable manner while they are being held by the City.
B. Collection. Land dedications shall be finalized and completed prior to building permit
application. A cash payment in lieu, however, shall be collected by the Building Department at
the time and as a condition for issuance of a building permit.
1. Funds. All funds collected pursuant to this Chapter shall be transferred by the
Community Development Director to the Finance Director. All funds so collected shall
be properly identified and promptly deposited in a designated account. Funds withdrawn
from this fund shall be used exclusively for the purposes specified herein.
2. City shall transfer funds to School District. Funds collected pursuant to this Chapter shall
be remitted monthly to the Aspen School District. The Aspen School District shall
deposit said funds into an interest - bearing account authorized by law. The Aspen School
District shall be the owner of the funds in the account, but the signature of the chief
financial officer of the Aspen School District, or his or her designee, and the signature of
the Finance Director of the City shall be required for the withdrawal of monies from the
account.
3. Administrative Fee. The City shall be entitled to retain two percent (2 %) of the funds
collected to compensate it for its administrative expenses of collecting the fees. Said fees
shall be deposited in the City's general revenue fund to be expended as the City shall
determine in its sole discretion.
C. Updated Annually. The land dedication standard imposed may be updated annually and
adopted by City Council ordinance.
(Ord. No. 33, 2006, §2)
26.620.060. Procedures for land dedication and/or cash payment.
A. Land Dedication. Lands to be dedicated to the City to fulfill the standards of this Chapter
shall be identified on the subdivision plat and shall be dedicated to the City at the time of final
plat approval.
1. Acceptance. Acceptance of the lands to be dedicated shall be at the discretion of the City
Council.
2. Criteria. Prior to acceptance, the City shall consider the comments of the Aspen School
District to determine whether the lands proposed to be dedicated are of adequate size and
can be suitably developed for school purposes or whether the lands have the capability of
being sold, with the proceeds being used for school purposes. The City shall also
consider the probable impacts on neighboring properties of the development of the lands
for school purposes. When the lands proposed to be dedicated are not adequate or
suitable for school purposes and cannot feasibly be sold, the City shall require a cash
payment in lieu of the land dedication.
B. Cash - in - lieu payment. Payment of cash in lieu of a land dedication shall be made to the
City prior to and on a proportional basis to the issuance of any building permits for the
residential dwelling units.
(Ord. No. 33, 2006, §2)
26.620.070. Current land dedication and cash - in - lieu fees.
A. The following land dedication is the result of the "City of Aspen Impact Fee Study and
Update of School Lands Dedication" study, which was sponsored by the City and completed by
BBC Research and Consulting on August 7, 2006. This study is available at the Community
Development Department. The land dedication was amended on August _, 2011 to implement
a change that began using floor area as a basis of calculation instead of bedrooms.
The current land area required per student equals 896 square feet. Table 620.1 provides the
student generation rates as follows:
Table 620.1, Student Generation Rates
Floor area Student Generation Rate
First 1,200 square feet of dwelling unit .00008
Above 1,200 square feet .00016
Upper limit for fee is 3,475 square feet .452
Notes:
- An Accessory Dwelling Unit or Carriage House, as defined by and meeting the
requirements of this Title, shall be calculated as additional floor area of a single -
family or duplex dwelling.
- When redevelopment of a property adds floor area, the difference between the
generation rates of the existing floor area and the proposed floor area shall be the
number of students generated.
- When a scrape- and - replace project is proposed, the redevelopment shall be credited
the floor area from the demolished residential dwelling unit. Credit from a
demolished dwelling unit cannot be allocated to more than one replacement dwelling
unit or to development on a different lot.
- For a general example, a 950 square foot residential unit would be required to
mitigate for 68 square feet of land (950 *.00008) *896. Also see Figure 620.1.
8
Figure 620.1, School Land Dedication Calculation
Land Area per Student Standard (square feet)
multiplied by
Total Students Generated (Provided in Table 620.1, Student Generation Rates)
equals
Total Square Feet to be Dedicated
B. Cash payment in lieu. An applicant may make a cash payment in lieu of dedicating land to
the City, or may make a cash payment in combination with a land dedication, to comply with the
standards of this Chapter. Because of the extraordinary cost of land within the City, the School
District and the City agreed to require payment of a cash -in -lieu amount which is less than the
full market value of the land area. The formula to determine the amount of cash -in -lieu payment
for each residential dwelling unit is as follows:
Figure 620.2, Cash -in -Lieu Formula
Total Square Feet to be Dedicated
multiplied by
Appraised Per - Square - Foot Value of Land Being Developed
multiplied by
Percentage of Fee to be Charged (0.33)
equals
Cash -in -Lieu Payment
Figure 620.3, Cash Payment in Lieu Example
The following example provides a development scenario in which an existing 2000 sq. ft.
(floor area) detached residential dwelling is remodeled, creating 500 additional sq. ft. of floor
area, and the same parcel is also developed with an additional 1,000 sq. ft. (floor area)
detached residential dwelling unit. This assumes the same developer is paying the fee for
both dwelling units.
Floor Area Students Generated
2,000 plus additional 1,000 .16
(1000 sq. ft. x .00016)
plus
1,000 sq. ft. .08
(1,000 sq. ft. x .00008)
equals
Total Student Generation Rate .24
Land Dedication Calculation
Land Area per Student Standard (sq. ft.) 896
multiplied by
Total Students Generated (from above calculation) .145
equals
Total Square Feet to be Dedicated 215.04
When calculating a cash payment in lieu of a land dedication (assuming a total land value of
$1,942,460.00 for a 6,000- square -foot lot containing the two dwelling units), the following
calculation would be used to determine the cash payment in lieu:
Market Value of Land per sq. ft. $323.74 per sq. ft.
multiplied by
Total Square Feet to be Dedicated 215.04
multiplied by
Percentage of Fee to be Charged 0.33
equals
Cash Payment in Lieu $22,973.62
1
10
1. Current market value. Current market value means the value of the land at the time of
the cash -in -lieu payment, including site improvements such as streets and utilities, but
excluding the value of residential dwelling units and other structures on the property.
2. Substantiation. Market value may be substantiated by a documented purchase price (if an
arms - length transaction no more than two [2] years old) or other mutually agreed -upon
recognized means.
3. Appraisal. In the event the developer and the City fail to agree on market value, such
value shall be established by a qualified real estate appraiser acceptable to both parties.
The developer shall pay for the appraisal.
C. Mixed use developments. Whcn the proposed development contains a mix of
livable and /or net leasable commercial and office space of the project as a whole. For example,
if a new building propo-ses a mix of uses . - - - - - .. - . . - - . .. - . . - .
. - Of! - 1 111 ..
Properties containing mixed use development shall only pay the School Land Dedication fee -in-
lieu for the floor area associated with the residential component of the development. Non -unit
space shall not contribute to the payment of School Land Dedication.
26.620.080. Appeals.
A. Prior to issuance of a building permit, the applicant may challenge the imposition of a land
dedication imposed pursuant to this Chapter by filing with the Community Development
Director a written notice of appeal as provided in Section 26.316.030, Appeals procedures, with
a full statement of the grounds and an appeal fee as may be fixed from time to time by ordinance
by the City Council. The City may continue processing the building permit application. If the
building permit is available for issuance by the City and the appeal has not been heard, the
. building permit may be issued if a bond or other security in an amount equal to the
challenged/unpaid portion of the land dedication is provided to the City. The appeal shall be
heard by the City Council.
(Ord. No. 33, 2006, §2)
rt;a1T 8
7/12/2011
Code Amendments
Impact Fees and School Land Dedication
Planning and Zoning Commission
July 19th, 2011
Resolution No. , Series of 2011
Introduction
• These examples will all use the same
development scenario:
— Single Family Residence
—3,200 square feet of floor area
— 6,000 square foot lot
— Lot value of $2,500,000
— Per square foot lot value of $400.00
Proposed Fee Schedule
sets p « «nm,.mf fp «r m. tt. F « «nm,mmipe. w. tt.
es fkcnreal vmIeasaMe)
ParhsDepeleprne. 1. ®$4
TOWAIr OUaIhy Fee $0.61 $AF6
sslmd lands oedlcmlw,
Flrsr l,iu0 sq. h.AdweNlrq unh O.00roB
Rhax120010.R 0.00016
Upper limn: 3,43 sy. n. 452 students
1
7/12/2011
Parks Development and TDM /Air
Quality Fees
• Fee is calculated based on floor area with no
cap.
• Example: A 3,200 sq. ft. (floor area) home
would result in the following calculation:
— Parks Dev.: (3,200 x $5.45) = $17,440
— TDM /Air Quality: (3,200 x $0.61) = $1,952
• Total Impact Fees: 519,392
School Land Dedication
• Fee is derived from a floor area /student
generation conversion with a cap at .452
students.
• 3,200 sq. ft. home would generate 0.416
students
— First 1,200 equals .096 students (1,200 x .00008)
— Remaining 2,000 sq. ft. equals .32 students (2,000 x
.00016)
School Land Dedication
• The Code explains that 1 student requires 896
square feet of land.
• 0.416 student generation equals a requirement
of 372 sq. ft. land dedication.
— (896 x 0.416) = 372 sq. ft.
2
7/12/2011
School Land Dedication
• The land dedication amount must be multiplied by
the per sq. ft. value of the lot (5400).
o 372
o x $400
o = 5148,800
• The Code explains that only 33% of the fee should be
imposed
— 549,104 is the resulting School Land Dedication Fee.
• Total fee for this project:
— $68,496
• School Land Dedication - 72% ($49,104)
• Parks Development- 25% (517,440)
• TDM /Air Quality - 3% (51,952)
• Old Program (4 Bedrooms)
— $73,166
• School Land — 74% (553,458)
• Parks Development-24% (517,716)
• TDM /Air Quality — 3% (51,992)
• Total fee for this project (3,400 sq. ft. home):
— $73,604
• School Land Dedication- $53,000
• Parks Development - 518,530
• TDM /Air Quality - $2,074
• Old Program (4 Bedrooms)
— $73,166
• School Land — $53,458
• Parks Development— $17,716
• TDM /Air Quality— $1,992
•
3
7/12/2011
Fee Credits
• Scrape -and Replace Development
— Credit issued for redevelopment
— For example: A 3,000 sq. ft. demolished dwelling
unit would provide 3,000 sq. ft of credit to the
replacement dwelling unit.
— This would be .384 Student Generation Credit
— Prevents double- dipping of the fees
4