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Home My WebLink Aboutordinance.council.013-76RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. /~ (Series of 1976) AN ORDINANCE IMPOSING A PARK DEDICATION FEE ON ALL NEW RESIDENTIAL AND COMMERCIAL DEVELOPMENT WITHIN THE CITY OF ASPEN; WHICH 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 ACCORDING 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; ~ARMARKING CASH PROCEEDS FOR ACQUISITION OF PARK AND RECREATION LANDS AND THEIR IMPROVEMENT; HAS BEEN MADE .'~AIVIN IMPOSITION OP THE FEE IF A SIMILAR DEDICATION AT THE TIME OF THE SUBDIVISION OF THE DEVELOPMENT SITE; REPEALING AND REENACTING SECTION 20-18 OF THE ASPEN MUNICIPAL CODE (a) DELET- ING THE EXEMPTION TO THE SUBDIVISION DED~CATIONREQUIREMENT$ EARLIER GIVEN TO DUPLEX, ?RIPLEX AND FOURPLEX DEVELOPMENTS, AND (b) PROVIDING FOR APPRAISAL OF IMPROVED SITES ACCORDING TO THEIR HIGHEST AND BEST USES INCLUDING USE OF NONCONFORMING STRUCTURES WHEREAS, the Planning and Zoning Commission has recommended expansion of the park and recreation 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 (sub- ~ivision regulations) of the Aspen Municipal Code, ~OW, '~?HEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the Municipal Code of the City of Aspen, colorado, is hereby amended by adding Section 7-143, which said section reads as follows: ~ection 7-143 Park Dedication Fee (a) No building permits shall issue for the con- struction of any new residential or commercial building within the City of Aspen, Colorado, until there shall have been paid a Park Dedication Fee, which fee shall be calculated as follows: (1) 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 pro- posed as the development site. RECORD OF PROCEEDINGS 100 Leaves (2) 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 development site, the percentage of the land being determined at the rate of two and one-half (2 1/2) acres for every one thousand (1,000) residents of the proposed development (i.e., the number of residents multiplied by twenty-five ten thousandths (0.0025) of a 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 (3) In the case of mixed residential and commercial development the cash dedication for the residential uses shall be determined as described in Paragraph (2) and the cash dedication for the commercial uses shall be as deter- mined as in Paragraph (1) using as the land area of the com- mercial development the total land area less the minimum land area required for the proposed dwelling units. (b) 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 with- out structures or buildings, but including other improvements or utilities if installed at the time of permit issuance. In the event the City and developer fail to agree on the current market value of the land, such value shall be fixed and estab- lished by a qualified appraiser acceptable to both parties. (c) 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 pur- poses, and for improvements to such park and recreation lands. (d) 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 develop- ment site or a larger tract of which the development site was a part. All Park Dedication fees dues by reason of Chapter 20 of the Municipal Code shall be payable at the time of recordation of the subdivision plat and may not, at the election of the subdivider, be postponed to the time of permit issuance under the provisions of this Section. Section 2 That Section 20-18 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: -2- RECORD OF PROCEEDINGS 100 Leaves Section 20-18 Public Dedications and Easements (a) Ail land submitted for subdivision approval shall be subject to the following land dedication or cash pay- ?lent in lieu thereof for the purpose of land acquisition for public actiVe and passive park and recreation purposes, and for improvements to such park and recreation 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 (2 1/2) acres for every one thousand (1,900) residents of the proposed subdivision (i.e., the number of residents multiplied by twenty-five ten thousandths (0.0025) of an acre per resident). The number of residents 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.~3 1.3 2.7 4.0 4.0 (3) At the election of the City Council, the sub- divider, 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 required for dedication by Paragraph (2). (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 commercial development the total land area less the minimum land area required for the proposed dwelling units. (5) In the event 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 buildings or structures but including other improvements or utilities if installed prior to subdivision. Improved land shall be appraised according to the highest and best use taking into consideration existing improvements on the site whether or not they are nonconforming structures. Section RECORD OF PROCEEDINGS 100 Leaves (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 purposes, and for improvements to such park and recreation 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. (b) 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 responsibil- ity of the subdivider to cause the right-of-~'~aY required by such plan to be platted and dedicated to the public. (c) Whenever a tract to be subdivided includes any part of a bikeway, bridle path, cross county ski trail or hiking trail designaed on the Aspen Trail System Plan, the subdivider shall plat and grant public ease- ments in compliance with the plan. (d) Whenever a tract to be subdivided includes any part of an existing or planned public utility or drain- age 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 Para- ~raphs (b), (c) and (d) shall be in addition to any ~ight-of-%~Tay grants otherwise provided for in this Chapter 20; and shall be in addition to, and not be included in, the computation of the park dedication required by this Section 20-18. 3 if any provision of this ordinance or the application thereof 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 applications, and to this end the provisions or applications of this ordinance are declared to be severable. Section 4 A public hearing on this ordinance shall be held on the ~. ~ay of ~-/%~ 'd~/%~, 1976, at 5:90 P.~. in the city Council Chambers, Aspen City Hall, Aspen, colorado. RECORD OF PROCEEDINGS 100 Leaves ATTEST: INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, at its regular meeting held March 8, 1976- /~~~~ T , CITY CLERK 1976. ATTEST: FINALLY ADOPTED AND APPROVED ON Y~l~-d~J ~ / KATHRYN ~. HAUTER, CITY CLERK RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO ) ) COUNTY OF PITKIN ) ss. CERTIFICATE I, Kathryn S. Hauter, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on ... reading at a regular meeting of the City Council of the City of Aspen on 197A, and published in the Aspen Times, a weekly newspaper of general circulation, pub~h~ed in the City of Aspen, Colorado, in its issue of //q~~ /~ ., 197~, and was finally adopted~?d approved at a regular meeting of the City Council on ~' ~/~ ~=~ , 197~, and ordered published as Ordinance No. /.0 , Series of 197 ~ , of said City, as provided by law. and the day of IN WITNESS WHEREOF, I have hereunto set my hand seal of said City of Aspen, COlorado, this City Clerk