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Home My WebLink Aboutordinance.council.094-75RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~ CSeries of 1975) AN ORDINANCE IMPOSING A PARK DEDICATION FEE ON ALL NEW RESIDENTIAL AND COMMERCIAL DEVELOPMENT WITHIN THE CITY OF ASPEN; W~ICH FEE SHALL, IN THE CASE OF COMMERCIAL DEVELOPMENT, EQUAL THE VALUE OF SIX (6%) PERCENT OF THE LAND PROPOSED AS THE DEVELOPMENT SITE; AND IN THE CASE OF RESIDENTIAL DEVELOPMENT BE CALCULATED ACCORD- ING TO THE NUMBER OF ANTICIPATED RESIDENTS; PROVIDING THAT LAND SHALL BE VALUED IN ITS UNDEVELOPED STATE AND BE APPRAISED BY A QUALIFIED APPRAISER IF THE CITY AND DEVELOPER CANNOT AGREE ON VALUE; EARMARKING CASH PROCEEDS FOR ACQUISITION OF PARK, RECREATION AND OPEN SPACE LANDS AND THEIR IMPROVEMENT; WAIVING IMPOSITION OF THE FEE IF A SIMILAR DEDICATION HAS BEEN MADE AT THE TIME FOR THE SUBDIVISION OF THE DEVELOPMENT SITE; REPEALING AND REENACTING SECTION 20-18 OF THE ASPEN MUNICIPAL CODE (a) DELETING THE EXEMPTION TO THE SUBDIVISION DEDICATION REQUIREMENTS EARLIER GIVEN TO DUPLEX, TRIPLEX AND FOURPLEX DEVELOPMENTS, AND (2) PRO- VIDING FOR APPRAISAL OF IMPROVED SITES ACCORDING TO THEIR HIGHEST AND BEST USES INCLUDING USE OF NONCONFORMING STRUCTURES WHEREAS, the Planning and Zoning Commission has recommend- ed expansion of the park, recreation and open space dedication requirements such as to extend their application to all new developments within the City, not merely those coming within the provisions of Chapter 20 (subdivision regulations) of the Aspen Municipal Code, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 No building permits shall issue for the construction of any new residential or commercial building within the City of Aspen, Colorado, until there shall have been paid a Park Dedi- cation Fee, which fee shall be calculated as follows: (a) In the case of commercial development, there shall be made a cash payment in an amount equal to six (6%) percent of the current market value of land proposed as the development site. RECORD OF PROCEEDINGS 100 Leaves (b) In the case of residential development, there shall be made a cash payment equal to the current market value of a percentage of the land proposed as the develop- ment site, the percentage of the land being determined at the rate of two and one-half (2%) acres for every one thousand (1,000) residents of the proposed development (i.e. the number of residents multiplied by twenty-five ten thousands (0.0025) of an acre per resident). The number of residents attributable to the development shall be calculated on the following basis: Type of Dwelling Unit Studio One Bedroom Two Bedroom Three Bedroom Single Family or Duplex Number of Residents Per Dwelling Units 1.0 1.3 2.7 4.0 4.0 (c) In the case of mixed residential and commercial development the cash dedication for the residential uses shall be determined as described in Paragraph (b) and the cash dedication for the commercial uses shall be determined as in Paragraph (a) using as the land area of the proposed development, the total land area less the minimum land area required for the proposed dwelling units. Section 2 The current market value of the land of the proposed development site shall be calculated as the value of the land in an undeveloped state, which is defined as that being without structures or buildings, but including other ~provements or utilities if installed at the time of permit issuance. In the -2- RECORD OF PROCEEDINGS 100 Leaves event the City and developer fail to agree on the current market value of the land, such value shall be fixed and established by a qualified appraiser acceptable to both parties. Section 3 The proceeds of such payments shall be deposited in a separate account and shall be used only for the acquisition of land for public active and passive park and recreation, or open space purposes, and for improvements to such park, recreation and open space lands. Section 4 No Park Dedication Fee shall be imposed if, and only if, such fee, or one similar thereto, was imposed by the City of Aspen, and paid at the time of subdivision of the development site or a larger tract of which the development site was a part. Section 5 That Section 20-18 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: "Section 20-18 Public Dedications and Easements (a) Ail land submitted for subdivision approval shall be subject to the following land dedication or cash payment in lieu thereof for the purpose of land acquisition for public active and passive park and recreation, or open space purposes, and for improvements to such park, recreation and open space lands. (1) In the case of commercial development, the subdivider shall make a cash payment in an amount equal to six (6%) percent of the current market value of the land proposed for subdivision. (2) In the case of residential development, the subdivider shall dedicate to the City land in the ratio of two and one-half (2½) acres for every one thousand (1,000) residents of the proposed subdivision (i.e., the number of residents multiplied by twenty-five ten thousands (0.0025) of an acre per resident). The number of residents shall be calculated on the following basis: -3- RECORD OF PROCEEDINGS 100 Leaves Type of Dwelling Unit Studio Number of Residents Per Dwelling Units 1.0 One Bedroom 1.3 Two Bedroom 2.7 Three Bedroom 4.0 Single Family or Duplex 4.0 (3) At the election of the City Council, the subdivider, in lieu of the conveyance of land required by Paragraph (2), shall make a cash payment in an amount equal to the current market value of the land proposed for subdivision. (~4) In the case of mixed residential and commercial development, the required dedication for the residential uses shall be determined as described in Paragraph (2) and the cash dedication for the commercial uses shall be determined as described in Paragraph (1) using as the land area of the proposed subdivision, the total land area of the development site less the minimum land area required for the proposed dwelling units. (5) In the event a cash payment is to be made and the City and subdivider fail to agree on the current market value of the land, such value shall be fixed and established by a qualified appraiser acceptable to both parties. Unimproved land shall be appraised at the current market value of the site without build- ings or structures but including other improve- ments or utilities if installed prior to subdivision. Improved land shall be appraised according to highest and best use taking into consideration existing imrpovements on the site whether or not they are nonconforming structures. (6) The proceeds of any such payments shall be deposited in a separate account and shall be used only for the acquisition of land for active and passive park and recreation, or open space purposes, and for improvements to such park, recreation and open space lands. (7) If a land area required for a public use exceeds the amount required to be dedicated by a subdivider, the additional land needed shall be reserved for purchase by the City of Aspen for not more than five (5) years from the date of approval of the subdivision. (lb) Whenever a proposed subdivision embraces any part of an existing or planned street or transit alignment designated on an adopted plan, it shall be the respons- ibility of the subdivider to cause the right-of-way required by such plan to be platted and dedicated to -4- RECORD OF PROCEEDINGS 100 Leaves the public. (c) Whenever a tract to be subdivided includes any part of a bikeway, bridle path, cross country ski trail or hiking trail designated on the Aspen Trail System Plan, the subdivider shall plat and grant public easements in compliance with the plan. (d) Whenever a tract to be subdivided includes any part of an existing or planned public utility or drainage system designated on an adopted plan, the subdivider shall plat and grant public easements in compliance with the plan. (e) The easements and dedications required by Paragraphs (b), ~) and (d) shall be in addition to any right-of-way grants otherwise provided for in this Chapter 20; and shall be in addition to, and not be included in, the computation of the public and open space dedication required by this Section 20-18." Section 6 If any provision of this ordinance or the application there- of to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or applic- ations, and to this end the provisions or applications of this ordinance are declared to be severable. Section 7 A public hearing on this ordinance shall be held on the day of , 1975, at 5:00 P.M. 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, Colorado, at its regular meeting held , 1975. ATTEST: STACY STANDLEY III, MAYOR KATHRYN S. HAUTER, CITY CLERK FINALLY ADOPTED AND APPROVED ON , 1975. ATTEST: STACY STANDLEY III, MAYOR KATHRYN S. HAUTER, CITY CLERK