HomeMy WebLinkAboutordinance.council.063-76RECORD OF PROCEEDINGS
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ORDINANCE NO. ~
(Series of 1976)
AN ORDINANCE REPEALING AND RE-ENACTING SECTIONS
7-143 and 20-18 OF THE ASPEN MUNICIPAL CODE;
WHICH SECTIONS, AS AMENDED, IMPOSE A PARK
DEDICATION FEE ON THE CONSTRUCTION OF NEW
RESIDENTIAL AND COMMERCIAL STRUCTURES WITHIN
THE CITY AMD ON THE SUBDIVISION OF LAND AND
CONDOMINIUMIZATION OF STRUCTURES WITHIN THE
CITY OF ASPEN~ WHICH SECTIONS FURTHER ESTABLISH
FORMULAS FOR CALCULATING THE REQUIRED FEES,
PROVIDE FOR OFF-SETS AGAI~ST THE FEES (IN THE
CASE OF STRUCTURES EXISTING ON THE DATE OF THIS
ORDINANCE), EA~RK FEE PROCEEDS FOR THE ACQUI-
SITION OF PARK AND RECREATION LANDS (OR CAPITAL
IMPROVEMENTS THERETO), AUTHORIZE THE DIRECTOR
OF FINANCE TO PERM~IT COLLECTION IN INSTALL~ENTS,
ALLOW THE COUNCIL TO E×EMPT MODERATE INCO~ HOUSING
PROJECTS FROM PARK DEDICATION FEES, AND DECLARE
THAT THESE FEES CONSTITUTE A LIEN ON THE PROPERTY
ON WHICH THEY ARE IMPOSED.
WHEREAS~ the City Council has reviewed the City's
code provisions with respect to the collection of park dedi-
cation fees, and has determined that substantial amendment of
these provisions is required.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF ASPEN, COLORADO:
Section 1
That Section 7-1~3 of the Aspen Municipal Code be
and hereby is repealed and re-enacted with amendments
to read as follows~
Section 7-143 Park Dedication Fee
(a) No building permits shall issue for the
construction of any residential or commercial
building within the City of Aspen, Colorado~
until there shall have been paid a Park Dedica-
tion Fee, which said 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 the land proposed as the development site.
(2) In the case of residential development,
there shall be made a cash payment egual to the
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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%) acres for every
one thousand (1,000) residents of the proposed
development (that is, the number of residents
multiplied by twenty-five ten thousandths
(.0025) of an acre per resident). ?he number
of residents attributable to the development
shall be calculated in the following manner:
Type of Dwelling
Number of Residents
Per Dwelling Unit
Multi-Family
studio 1.0
one bedroom 1.3
two bedroom 2.7
three bedroom 4.0
and 1.3 for each additional bedroom
Single Family or Duplex
one bedroom 1.3
two bedroom 2.7
three bedroom 4.0
and 1.3 for each additional bedroom
A duplex structure shall constitute two dwelling
units for the purposes of this subsection.
(3) An example of the application of the above
formula is as follows, assuming the construction
of one single family residence containing two
bedrooms on a lot containing 15,000 square feet
with a market value of $65,000.00 (or $4.33 per
square foot):
2.7 (2 bedroom = 2.7 residents) x 0.0025 acres
x 43,560 (square feet per acre) x $4.33 (mar-
ket value of land per square foot) = $1,273.15
(b) Unimproved land shall be appraised at the
current market value of the site including its value
attributable to curb, gutters, street, sidewalk
and utilities if installed on the date of permit
issuance. Improved lands shall be appraised according
to their highest and best use taking into considera-
tion existing structures whether or not they are
conforming. Market value may be substantiated by
a documented purchase price (if an arm's length
transaction not more than two years old) or by any
other recognized means; provided that assessed
valuation shall not be relied on as evidence of
current market value. In the event the City and
developer fail to agree on the current market value
of the land, such value shall be established by a
qualified appraiser acceptable to both parties.
(c) In the case of mixed residential and commercial
development, the required dedication fee for the
residential uses shall be determined as described
in paragraph (a) (2) and the dedication fee for the
commercial uses shall be determined as described
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in paragraph (a) (1) using as the land area of the
commercial development the total land area of the
development site less the minimum lot area required
for the proposed dwelling units.
(d) The provision of this Section 7-143 shall apply
only in the case of the construction of new struc-
tures, or the enlargement or expansion of existing
structures. Provided, however, that this fee shall
be assessed on the expansion or enlargement of resi-
dences only if the construction will result in the
addition of a bedroom or bedrooms to an existing
structure.
(e) In the event that construction is proposed for
a site on which there exists improvements on the
effective date of this ordinance, there shall be off-
set against the park dedication fee imposed hereby
an amount equal to any ad valorem taxes assessed
by the City of Aspen against said improvements from
the time of their construction. The obligation to
calculate and document the amount of this off-set
shall be upon the developer.
(f) When, in the opinion of the Director of Finance,
sufficient reasons and assurances of payment exist
to warrant postponement of payment or collection in
installments, said Director may authorize the
building inspector to issue a permit without payment
of the park dedication fee in full in advance of
permit issuance~ the provisions of paragraph (a)
above notwithstanding.
(g) Ail park dedication fees due by reason of the
provisions of Chapter 20 of the Municipal Code shall
be assessed at the time of recordation of the sub-
division plat and may not be postponed to the time
of permit issuance under the provisions of this
Section 7-143; provided, however, that the pay-
ment of this fee may be postponed until issuance
of a permit when the subdivide~ lots will be used
for residential purposes and the number of bedrooms
to be constructed is not known at the time of sub-
division.
(h) Ail park dedication fees shall be deposited
in a separate account and shall be used only for
the acquisition of land for public active and
passive park purposes, and for capital improvements
to such newly acquired or existing park and recrea-
tional lands.
(i) No park dedication fee shall be imposed 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 land of which
the development site is a part.
(j) Whenever the City Council shall have determined
that a pronosed residential development constitutes
bona fi~e moderate income housing and wishes to
subsidize its construction, the Council may exempt
the development from the application of this Section
7-143 or reduce by any amount the fees imposed hereby.
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(k) Ail park dedication fees from the time they
shall be due and payable shall become and remain a
lien upon the land or improvements against which they
are assessed and may be collected against any owner
of such land or improvements. Any claim for pay-
ment may be prosecuted as an action in personam
against any owner or by an action in rem for the
enforcement of such lien, or both.
Section 2
That Section 20-18 of the Municipal Code of the
City of Aspen, Colorado, be and hereby is repealed
and re-enacted with amendments to read as follows:
Section 20-18 Public Dedications and Easements
(a) Ail land and improvements submitted for sub-
division approval shall be subject to the following
land dedication or cash payment in lieu thereof
for the purpose of acquisition of land for active
and passive park and recreation purposes and for
capital improvements to such park and recreation
lands.
(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 the land proposed as the development
site.
(2) In the case of residential development the
subdivider shall dedicate to the City land in
the ratio of two and one-half (2%) acres
for every one thousand (1,000) residents of
the proposed subdivision (that is, the number
of residents multiplied by twenty-five ten
thousandths (0.0025) of an acre per resident).
The number of residents attributable to the
subdivision shall be calculated in the
following manner:
~ype of Dwelling
Number of Residents
Per Dwelling Unit
l~ulti-family
studio 1.0
one bedroom 1.3
two bedroom 2.7
three bedroom 4.0
and 1.3 for each additional bedroom
Single Family or Duplex
studio 1.0
one bedroom 1.3
two bedroom 2.7
three bedroom 4.0
and 1.3 for each additional bedroom
A duplex structure shall constitute two
dwelling units for the purposes of this sub-
section.
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(3) An example of the application of the
formula in paragraph (2) is as follows,
assuming the subdivision of 30,000 square
feet into two development sites of 15,000
square feet each, with the purpose of con-
structing one single family home (each two
bedroom) on each lot:
2 (single family homes) x 2.7 (2 bedrooms =
2.7 residents) x 0.0025 acres x. 43,560
sq. ft. per acre = a dedication of 588
square feet
(4) At the election of the City Council,
the subdivider, in lieu of the conveyance of land
required by paragraph (a) (2), shall make a cash
payment in an amount equal to the current mar-
ket value of the land required for dedication
by paragraph (a) (2). The amount to be paid
can be calculated in the same manner as described
in paragraph (3) with the added step of multi-
plying the square footage of the area to be
dedicated by the current market value of the
land subdivided. Assuming a land dedication
of 588 square feet for the subdivision of
30,000 square feet of land with a current
market value of $60,000.00, the cash in lieu
of land fee is calculated as follows:
588 square feet x $2.00 (market value of
land per square feet) = $1,176.00 in dedi-
cation fees.
(5) Unimproved land shall be appraised at the
current market value of the site including the
value attributable to curb, gutter, street,
sidewalk and utilities if installed at the
time of subdivision. Improved lands shall be
appraised according to their highest and best
use taking into consideration existing structures
whether or not they are conforming. Market
value may be substantiated by a documented
purchase price (if an arm's length transaction
not more than 2 years old) or by any other
recognized means; provided that assessed valua-
tion shall not be relied on as evidence of
current market value. In the event the city
and developer fail to agree on the current
market value of the land, such value shall be
established by a qualified appraiser acceptable
to both parties.
(6) In the case of mixed residential and
commercial development, the required dedication
for the residential uses shall be determined
as described in paragraphs (a) (2) and (a) (4)
and the dedication fee for commercial uses
shall be determined as described in paragraph
(a) (1) using as the land area of the commercial
development the total land area of the develop-
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ment site less the minimum lot area required
for the proposed dwelling units.
(7) No park dedication fee shall be imposed
on the resubdivision of land (or a structure)
if a park dedication fee, or a fee similar
thereto, was assessed by the City of Aspen
and collected at the time of the initial sub-
division of the land (or structure).
(8) In the event an existing structure is to
be condominiumized, or improved land is
parcelled, there shall be off-set against the
park dedication fee imposed by this Section 20-18
any ad valorem taxes assessed by the City of
Aspen against said improvements from the time of
their construction. The obligation to calculate
and document the amount of any off-set shall be
upon the developer.
(9) In the event that construction is proposed
for a site on which there exists improvements on
the effective date of this ordinance, there shall
be off set against the park dedication fee imposed
hereby an amount equal to any ad valorem taxes
assessed by the City of Aspen against said improve-
ments from the time of their construction. The
obligation to calculate and document the amount
of this set-off shall be upon the developer.
(10) When, in the opinion of the Director of
Finance, sufficient reasons and assurances of
payment exist to warrant postponement of pay-
ment or collection in installments, said Director
may authorize the recordation of the subdivision
plat without payment of the park dedication fee
in full in advance of recordation, the pro-
visions of paragraph (a) notwithstanding.
(11) All park dedication fees shall be deposited
in a separate account and shall be used only for
the acquisition of land for public active and
passive park purposes, and for capital improve-
ments to such newly acquired or existing park
and recreation lands.
(12) Whenever the City Council shall have
determined that a proposed subdivision constitutes
a bona fide moderate income housing development
and wishes to subsidize its construction, the
Council may exempt the development from the
application of this Section 20-18 or reduce by
any amount the fees imposed hereby.
(13) Ail park dedication fees from the time
they shall be due and payable shall become and
remain a lien upon the land or improvements
against which they are assessed and may be col-
lected against any owner of such land or
improvements. Any claim for payment may be pro-
secuted as an action in personam against any owner
or by an action in rem for enforcement of such
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lien, or both.
(14) If a land area required for a public park
or recreation area exceeds that area required to
be dedicated by a subdivider under the provisions
of this section 20-18, the additional land may
be reserved by the City of Aspen for future
purchase for a period not to exceed five years
from the date of recordation of the subdivision
plat.
(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 responsibility of the subdivider to cause
the right-of-way 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 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 ease-
ments in compliance with the plan.
(e) The easements and dedications required by
Paragraphs (b), (c) 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
park dedication required by this Section 20-18.
Section 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 pro-
visions or applications, and to this end the provisions or appli-
cations of this ordinance are declared to be severable.
Section 4
A public hearing on this ordinance shall be held
on the _ day of ?~--~?c~-~c~-~ , 1976, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED published as provided
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by law by the City Council of the City of Aspen, Colorado, at
their regular meeting held ~ ~'~ L.' ~'~-' , 1976.
Stacy/Standley III ......
ATTEST:
kathryn ~ Hauter
City Clerk
FINALLY APPROVED MD ADOPTED by the Aspen City
Council on ~__~.~_~.~'~~L ,
1976.
' Stacy/~ea~y ~II
/
Ma: ~
ATTEST:
:~athryn ~. Hauter
City Clerk
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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 meetin~ cf the
City Council of the City of Aspen on ~--
197~, and published in the Aspen Times, a weekly newspaper
of general circulation, published in the City of Aspen,
Colorado, in its issue of ~ ~' , 1976
and was finally adopted and approved at a regular meeting
of the City Council on ~-z/~_.~,~ ¢~/ , 197 ~,
and ordered, published as Ordinance No. ~ , Series of
197k, of said City, as provided by law.
IN WITNESS ~EREOF, I have hereunto set my hand
and the seal of said City of Aspen, Colorado, this //LA3_.
197_~.
Kat~r~n S. Hauter
City Clerk