HomeMy WebLinkAboutresolution.apz.014-11 RESOLUTION NO. 14
(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. The
meeting was again continued at the July 19 August 2 and August 23` hearings. At
the August 25 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 4 to 0 (4 - 0) vote, with findings 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. 14, 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. 14, 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.
13. 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. 14, 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.
II. 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
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.
13. 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. 14, 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. 14, Series of 2011
Page 5
Table 610.1, Impact Fee Schedule
Parks Development Fee
Residential and Hotel (per sq. ft. floor area) $5.45
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. 14, 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. 14, 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. 14, 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 fmancial 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. 14, Series of 2011
Page 9
13. 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 (sq. ft.) Student Generation Rate
First 1,200 .00008 per sq. ft.
1,201 — 3,425 .00016 per sq. ft.
Above 3,425 0
Notes:
- The calculation of the School Land Dedication shall be access per dwelling unit. For
example, duplex dwelling units do not combine their floor area for one calculation.
- 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 the single -
family or duplex dwelling it is associated with.
- 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. 14, 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. 14, Series of 2011
Page 11
Figure 620.3, Cash Payment in Lieu Example
The following example provides a development scenario to display how the fee is calculated.
The scenario includes a new 3,200 sq. ft. (floor area) single - family residential home on a
6,000 sq. ft. lot with an actual lot value of $2,400,000. This lot value would mean a per sq. ft.
lot value of $400.
Floor Area Students Generated
3,200
(first 1,200 sq. ft. x .00008) .096
(remaining 2,000 sq. ft. x .00016) .32
Total Student Generation Rate .416
Land Dedication Calculation
Land Area per Student Standard (sq. ft.) 896
multiplied by
Total Students Generated (from above calculation) .416
equals
Total Square Feet to be Dedicated 372.74
When calculating a cash payment in lieu of a land dedication (assuming a.total land value of
$2,400,000 for a 6,000 - square -foot lot containing the dwelling unit), the following calculation
would be used to determine the cash payment in lieu:
Market Value of Land per sq. ft. $400 per sq. ft.
multiplied by
Total Square Feet to be Dedicated 372.74
multiplied by
Percentage of Fee to be Charged 0.33
equals
Cash Payment in Lieu $49,201.68
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
Planning and Zoning Commission
Resolution No. 14, Series of 2011
Page 12
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 25 day of August, 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.
{Signatures on following page}
Planning and Zoning Commission
Resolution No. 14, Series of 2011
Page 13
FINALLY, adopted, passed and approved this day of C , 2011.
Attest:
kie Lothian, Deputy City Clerk Stan Gibbs, Chair
Approved as to form:
ity Attorney
Planning and Zoning Commission
Resolution No. 14, Series of 2011
Page 14