HomeMy WebLinkAboutordinance.council.067-93 ORDINANCE NO. ~ Series of 1993
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN BY
AMENDING SECTIONS 24-1-106, 24-1-107, 24-1-108, 24-5-603, 23-75, 2-34, 2-36, 2-37
AND 2-38(b) and (d) TO INCREASE LAND USE APPLICATION FEES, HISTORIC
PRESERVATION APPLICATION FEES, PARK DEVELOPMENT IMPACT FEES, ZONING
DEPARTMENT PROCESSING AND ENFORCEMENT FEES, LEISURE AND
RECREATIONAL SERVICES USER FEES, ANNUAL ALARM AND FALSE ALARM FEES;
TO CODIFY USER FEES FOR THE WHEELER OPERA HOUSE; AND, TO ESTABLISH
WATER SERVICE APPLICATION AND ENGINEERING REVIEW FEES.
WHEREAS, the City Council has adopted a policy of annually reviewing the Planning
Department's fee structure to insure that revenues raised through the fee structnre are sufficient
to pay for the attendant costs of the Department; and
WHEREAS, the City Council has determined that the current fee structure for the
processing of land use applications, zoning department application fees, and historic preservation
application fees, set forth at Sections 24-1-106, 24-i-107, and 24-1-108, respectively, of the
Aspen Municipal Code, do not accurately reflect the current cost of providing the necessary :level
of services associated with administering the land use provisions of the Municipal Code; and
WHEREAS, the City Council has adopted a policy of requiring consumers and users of
the City's Ice Garden, swimming pool, and other recreational programs and activities sponsored
by ~he City's Leisure Services Department to pay fees that fairly approximate the costs of
providing such recreational opportunities; and
WHEREAS, the City Council has determined that certain user fees currently in effect do
not raise revenues sufficient to pay for the attendant costs of providing said recreational and
leisure services; and
WHEREAS, the City Council has adopted a policy of reviewing park development impact
fees every two years to ensure that the impact fees are sufficient to maintain the current
standards for park land, park development and trail development in the City of Aspen; and
WHEREAS, the City Council has determined that the park development impact fee must
be increased to maintain said standards; and
WHEREAS, requests for services by alarm companies, including false alarms, require
significant police department resources to adequately respond to such requests and unnecessarily
divert financial resources and law enforcement personnel from other community needs; and
WHEREAS, statistical data maintained by the Aspen Police Department of the number
of false alarms responded to by Police Department personnel reveal that some emergency alarm
users snffer disporportionate numbers of false alarms; and
WHEREAS, the City Council desires to increase fees charged for annual emergency
alarm user permits and for responding to false alarms fees; and
WHEREAS, the City Council deems it to be in the best interest of the City of Aspen,
its residents and visitors to amend the Emergency Alarm Systems and Protection Services
ordinance as herein provided; and
WHEREAS, the City Council desires to increase fees charged for annual dog licensing
tags to raise revenues sufficient to pay for the attendant costs of such licensing activity; and
WHEREAS, the City Council desires to codify existing user fees for the Wheeler Opera
House; and
WHEREAS, the City Council desires to establish water service application and
engineering review fees to raise sufficient funds to pay for the attendant costs of such service
activities.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1
That Section 24-1-106 of the Municipal Code of the City of Aspen, Colorado, which
section establishes land use application and processing fees, is hereby amended to read as
follows:
Sec. 24-1-106. Land Use Application Fees.
(a) The categories of review processes, base fees ~nd planning office average time
requirements for the processing of land use applications shall be as follows:
Base Fee
Category Hours (Deposit)
I. GMP/Subdivision/PUD/SPA
1. Conceptual Submission 25 $4,075.00
2. Final Plat 14 2,282.00
II. Subdivision/PUD/SPA
1. Conceptual Submission 17 $2,771.00
2. Final Plat 12 1,956.00
III. All "Two Step" Applications 13 $2,1 i9.00
IV. All "One Step" Applications 6 $ 978.00
V. Consent Agenda Items/All Staff Approvals
Flat Fee $ 215.00
VI. Referral Fees - Environmental Health and Housing
1. Minor Applications Flat '$ 60.00
2. Major Applications Fee 150.00
VII. Referral Fees - Engineering
1. Minor Applications Flat $ 96.00
2. Major Applications Fee 242.00
(b) The Planning Office staff shall keep an accurate record of the actual time required
for the processing of each land use application by the Planning Director and Additional Billings
shall be made commensurate with the additional costs incurred by the City when the processing
of an application by the Planning Office takes more time than is covered by the Base Fee. In the
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event the processing of an application by the Planning Director takes less time than provided for
in subsection (a), the Planning Office shall refund the unused portion of the Base Fee.
(c) The following guidelines shall be used for the administration of the fee structure
set forth above:
(1) Fees charged for the processing of applications which fall 'into more than
one category shall be cumulative; while the fees charged for the
processing of applications within the same category shall not be
cumulative. In the event that the fees which result from cumulation are
found by the Planning Office to be excessive i.n relation to the number of
hours it is anticipated to require to process the application, the Planning
Office may waive the cumulation requirement.
(2) Additional Billings shall be based solely on processing time spent by.
members of the Planning Office or it's designee in the processing of an
application.
(3) Additional Billings shall be computed at the rate of $163.00 per hour of
additional Planning Office staff time required. Refunds of unused hours
shall be made at the rate of $163.00 per hour of time.
(4) The Planning Director shall establish appropriate guidelines for the
collection of Additional Billings as required.
(5) This fee structure shall be reviewed annually as part of the City of
Aspen's budget hearing process and should any adjustments be necessary,
they shall be changed to become effective on January 1.
(6) The Planning Office shall identify, prior to or at the time of submission
of a land use application, whether an application is to be referred to the
Engineering or Environmental Health Departments. The Planning Office
shall also identify whether an application constitutes a minor or a major
referral, based on the number of hours which will be. required to review
the application, and charge the applicant for each referral accordingly.
Additional Billings and Refunds shall not apply to the computation of
referral fees.
Section 2
That Section 24-1-107 of the Municipal Code of the City of Aspen, Colorado, which
section establishes historic preservation application and processing fees, is hereby amended to
read as follows:
Sec. 24-1-107. tIistoric Preservation Application Fees.
The types of applications and fees for the processing of historic preservation and
landmark designation applications shall be as follows:
I. Exemptions and Insubstantial Modifications ........................... $ 55.00
Example: Exterior changes that do not alter the character of landmarks or structures
within historic districts, or technical changes to previously approved plans.
II. Minor Development .................................................... $ 105.00
Example: Exterior changes (in combination of no more than three) that do not alter the
character of landmarks or structures located within historic districts, and/or additions of
less than 250 square feet to landmarks or structures located within historic districts, and
minor changes to designated sites. These are considered one-step applications and go
before the HPC. A public hearing is not required.
III. Significant Development (Under 1,000 sq. ft.) ....................... $ 269.00
Example: Multiple exterior changes, additions of less than 1,000 square feet (between
250-1000sq. ft.), and some partial demolitions. These are two-step applications that
require a public hearing before the HPC at Conceptual Development (first step).
Publication, posting and mailing are required for all HPC public hearings. A bond or
financial security may be required.
IV. Significant Development (Over 1,000 sq. ft.)...' ...................... $ 539.00
Example: Major remodels involving partial demolition, additions over 1,000 square feet
and on-site relocations. These are two-step applications that require a public hearing
before the HPC at Conceptual Development (first step). Publication, posting and mailing
are required for all HPC public hearings. A bond or financial security may be required.
V. Demolitions and Off-Site Relocations ................................. $1,076.00
Example: Full demolition and complete relocations off-site. These are two-step
applications that require a public hearing before the HPC at Conceptual Development
(first step). Publication, posting and mailing are required for all HPC public hearings.
A bond or financial security may be required.
The examples listed for different types of applications are intended solely as a guide and
are not binding upon the Planning Office in assessing the proper fee for processing any particular
historic preservation or landmark designation application.
Section 3
That Section 24-1-108 of the Municipal Code of the City of Aspen, Colorado, which
section establishes zoning department application and processing fees, is hereby amended to read
as follows:
Sec. 24-1-108. Zoning Department Fees.
The Zoning Department shall charge the following fees for the services listed:
I. Building Plan Checks by Zoning:
1. Repair/Remodeling (includes new construction
of 500 sq. ft. or less) ......................... $ 55.00
2. New Work greater than 500 sq. ft. and less
than or equal to 3,500 sq. ft ......................... $ 80.00
3. New Work greater than 3,500 sq. ft. and less
than or equal to 7,500 sq. ft ......................... $215.00
4. New Work greater than 7,500 sq. ft .................................. $430.00
5. Deposit for multi-family residential structures greater
than or equal to five (5) dwelling
units; non-residential projects greater
than 7,500 sq. ft., and other complex
projects ................................................ $810.00
6. Structures Built Without a Permit ....................................... IXI~F.
ABOVE
FEES
II. Zoning Enforcement:
1. Repair/Remodel - 500 sq. ft. or less ...................................... $110.00
2. New work - greater than 500 sq. ft. and less
than or equal to 3,500 sq. ft ......................... $160.00
3. New work - greater than 3,500 sq. ft. and less
than or equal to 7,500 sq. ft ......................... $430.00
4. New work - greater than 7,500 sq. ft ...................................... $860.00
5. Penalty fee for enforcement actions which require a one-step
or two-step land use hearing .......................... $325.00
III. Sign Permits:
Processing and Code Compliance for all sign permits .................. $ 55.00
IV. Board of Adjustment Fees:
Processing and application fee for all Board of Adjustment appeals... $ 55.00
Section 4
That Section 24-5-603 of the Municipal Code of the City of Aspen, Colorado, which
section establishes park development impact fees, is hereby amended to read as follows:
Sec. 24-5-603. Fee schedule.
The park development impact fee shall be assessed according to the following schedule:
Resi~lential/Lodge
Studio: $1405.00 per unit.
One-bedroom: $1960.00 per unit.
Two-bedroom: $2,520.00 per unit.
Three-bedroom or larger: $3,360.00 per unit.
Commercial/Office
CC/C-1 Zone Districts: $2,000.00 per 1,000 square feet.
NC/SCI Zone Districts: $1,080.00 per 1,000 square feet.
O Zone Districts: $1,415.00 per 1,000 square feet.
CL and other Zone Districts: $1,650.00 per 1,000 square feet.
For development which increases the size of a unit between the types listed in the
schedule, the fee shall be assessed by calculating the difference in the cost between the unit
types.
.Section 6
That Section 2-34 of the Municipal Code of the City of Aspen, Colorado, which section sets the
applicable fees for the Aspen Ice Garden, is hereby amended to read as follows:
Sec. 2-34. Aspen Ice Garden Fees.
The Aspen Ice Garden user fees shall be as follows:
Public Admission - Adult (18 & over) .......................... $4.00/session
Youth (4 - 17 yrs.) .......................... 3i00/session
Tots (under 4 yrs.) .......................... 2!00/session
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Skate rentals - Alt ............................................. 2.00/session
Skate sharpening ................................................ 4.00
10 Punch card - Adult ........................................... 32:00/card*
Youth ........................................... 22.00/card
Tot ............................................. 12.00/card*
Pick-up ......................................... 60.00/card
Pick-up Hockey ............ ' ...................................... 7.00/session
Ice Rental - Prime .............................................. 130.00/hour
Non-Prime .......................................... 90: 00/hour
Non-profit Adult - Prime ........................................ 95.00/hour
Non-Prime .................................... 70.00/hoar
Youth - Prime ........................................ 80.00/hour
Non-Prime .................................... 60.00/hour
Locker Rentals .................................................. 50.00/season
Patch Ice ....................................................... 5.00/patch
Classes ......................................................... 5.50/class
* Rentals may be added to any card for a charge of $10.00/card.
Section 7
That Section 2-36 of the Municipal Code of the City of Aspen, Colorado, which section sets the
applicable fees for miscellaneous leisure and recreation user, is hereby amended to read as follows:
Sec, 2-36. Miscellaneous Leisure and Recreation'User Fees.
Leisure and recreation user fees shall be as follows:
Gyranastics
Four classes .................................................... $ 25.00
Six classes ..................................................... 40.00
Twelve classes .................................................. 60.00
Adult Winter Sports
Basketball ...................................................... $3.00/evening
Volleyball ...................................................... 3.00/evening
Softball/Baseball
Youth Baseball (8-15 yr. olds) .................................. $30.00/summer
(Second child) ......................................... 28.00/summer
T-Ball (6-8 yr. olds) ........................................... 30.00/summer
(Second child) ......................................... 28.00/summer
Girl's Softball (8-14 yr. olds) ................................. 30.00/summer
(Second child) .......................................... 28.00/summer
Men's Softball .................................................. $450.00/team + $10.00 fee
Ladies Softball ................................................. $300.00/team + $10.00 fee
Co-ed Softball .................................................. $250.00/team + $10.00 fee
Day Camp
12 noon - 5 pm .................................................. $50.00/week
60.00/week
8 am - 5 pm .....................................................
Fall Sports
Flag Football (grades 1-6) ..................................... 20:00/6 wks.
(Second child) ......................................... 18,00/6 wks.
Youth Basketball (grades 1-6) ................................... 20.00/8 wks.
(Second child) ......................................... 18.00/8 wks.
Sailing ......................................................... $200.00/session
Swim Team ....................................................... $200.00/session
Swim Classes
9 classes ....................................................... $20.00
6 classes ....................................................... 15.00
Tennis
Per week ........................................................ $35.00/week
Per team ........................................................ 200.00/team
Track Program ................................................... $20.00/session
(Second child) ......................................... 18.00/session
Field Use/Player/Season ......................................... 10~00/player/se~
Late Registration ............................................... $5.00
Section 8
That Section 2-38(b) of the Municipal Code of the City of Aspen, Colorado, which section sets
the applicable fees for alarm permits and false alarm fees, is hereby amended to read as follows:
Sec. 2-38. Miscellaneous Fee Schedules.
b) Alarm Permits and False Alarm Fees.
User permit fee ..................................................... $54.00
False Alarm fees
First false alarm per year ..................................... $54.00
Second false alarm per year .................................... 81.00
Third false alarm per year ..................................... 108.00
Fourth alarm and above per year ................................ 215.00
Late fees ........................................................... 10.00
Section 9
That Section 2-38(d) of the Municipal Code of the City of Aspen, Colorado, which section sets
the applicable fees for dog vaccinations, license fees, and penalty assessments, is hereby amended to read
as follows:
Sec. 2-38. Miscellaneous Fee Schedules.
d) Dog Vaccination, License Fees, and Penalty Assessments.
Annual Dog Tag Fees
altered dog ............................................... $ 5.50
unaltered dog ............................................. 16.00
Transfer fee
altered dog ............................................... 5.25
unaltered dog ............................................. 15.50
Penalty Assessments:
Failure to display Tags ............................................ $15.00
No Dog License ..................................................... 20.00
No rabies Vaccination .............................................. 25.00
Dog Running at Large, first offense:
Altered Dog .................................................... 15.00
Unaltered Dog .................................................. 25.00
Dog Running at Large, second offense:
Altered Dog .................................................... 45.00
Unaltered Dog .................................................. 65.00
Dog Running at Large, third offense:
Altered Dog .................................................... 85.00
Unaltered Dog .................................................. 105.00
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Dog Running at Large, fourth offense:
Altered Dog .................................................... 165.00
Unaltered Dog .................................................. 205.00
A third offense, or greater, requires a court appearance.
Failure to remove excreta, for each offense ........................ 25.00
Illegal hitching ...................................... : ............ 15.00
Section 10
That the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding section
2-37 which section reads as follows:
Sec. 2-37. Wheeler Opera House.
Ticket Office Sales.
Per production: $0.50 per ticket sold plus either a) 5% of total gross sales, or b) $250.00 per
week of sales per performance. Under either option there shall be a $3.00 fee added to the price
of each phone order.
Theater Rentals and Seat Surcharges.
Per performance between the hours of 6 p.m. and 12 p.m.:
Non-Profit Organization: Every day except Saturday .......................................... $275.00
Saturdays ................................................................ 300.00
For Profit Organizations: A minimum fee equal to at least twice the rate for non-profit
organizations plus actual production costs.
Rehearsal, tech times and other requests for access shall be charged at $82.50 per four (4) hour
blocks of time for non:profit organizations and $165.00 for profit organizations.
$0.50 per seat surcharge for each seat occupied per performance.
Section 11
That the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding section
23-75 which section reads as follows:
iI
Sec. 23-75. Water Service Application and Engineering Review Fees.
The following fees shall be charged for processing water service applications and for conducting
requisite plan reviews and site inspections:
a) Water Department review and written response for Request for Consideration of water
service extension to new developments outside City limits.
NonrefundableFee ............................................................................. $75.00
b) Water Department review of engineering drawings and specifications submitted with
application for water service etension. Actual time of review shall be charged (or refund
credited) against the advance application deposit at a rate of $75.00 per hour. Time shall
be charged for reviewing Application and all exhibits, and for reviewing and returning any
incomplete or partial engineering drawings.
Advance Application Deposits:
1-5 Connections ........................................................................ $ 375.00
5-10 Connections ........................................................................ 750.00
10-15 Connections ..................................................................... ~ ,500.00
More than 15 Connections .................................................................. 3,000.00
c) Water Department field inspections shall be paid in advance. Deposit requirements
(amount and time) shall be determined at the time of eecution of a Water Service
Agreement. Actual time spent on inspections shall be charged (or refund credited) against
the advance inspection deposit at a rate of $60.00 per hour. The Water Department shall
reduce the hours of inspection if the project provides a Colorado Registered Engineer's
Certification that the project has been designed, constructed and inspected in accordance
with City of Aspen design standards.
Advance Inspection Deposits:
Per Hour ................................................... J ............................... $60.00
Per Day ..................................................................................... 480.00
Per Week ................................................................................... 240.00
Section 12
The effective date of this ordinance shall be January 1, 1994.
Section 13
This ordinance shall not have any effect on existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances amended as herein
provided, and the same shall be construed and concluded under such prior ordinances.
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Section 14
If m~y section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, snch portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining portions
hereof.
A public hearing on the ordinance shall be held on the /~) day of ~/, 199~, in
the City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council
of the City of Aspen on the./8 day of ~/;,/~/'G~J~--- , 1993.
John S Bennett, Mayor
ATTEST: '
'Kathryn S. j~och, City Clerk
FINALLY adopted, .passed and approved this /{9 day o~~-3/ , 19¢tt'7.
John §. Bennett, Mayor
ATTEST:
Kathryn S. ~7ocl, City Clerk
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