HomeMy WebLinkAboutcoa.lu.ca.Aspen School District.A36-95
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 03/15/95
DATE COMPLETE:
PARCEL ID AND CASE
NO.
A36-95
SC
STAFF MEMBER:
PROJECT NAME: Aspen School District Text Amendments
project Address:
cLegal Address:
APPLICANT: Aspen School District, Tom Farrell.
Applicant Address: 0235 Hiah School Rd., Aspen
REPRESENTATIVE: Alan Richman
Representative Address/Phone: Box 3613
Aspen. CO 81612
Superintendent
925-3460
920-1125
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FEES: PLANNING
ENGINEER
HOUSING
ENV. HEALTH
TOTAL
$
$
$
$
$
# APPS RECEIVED
# pLATS RECEIVED
1
TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: 2
P&Z Meeting Date rt1ay / b -tit PUBLIC HEARING: rYES>s
VESTED RIGHTS: 'Yi?s'
CC Meeting Date LI:1U!;r, - /sf PUBLIC HEARING: ~S
~VESTED RIGHTS: ~
~ ~tJ1..:;2H No""J - Id
STEP:...1L.-
NO /,-61,;11 I~
NO I'~
NO
NO
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REFERRALS:
X city Attorney )( Parks Dept. School District
city Engineer Bldg Inspector Rocky Mtn NatGas
Housing Dir. Fire Marshal CDOT
Aspen Water Holy Cross Clean Air Board
City Electric Mtn. Bell open Space Board
Envir.Hlth. ACSD Other
Zoning. Energy Center Other
DATE REFERRED: .';jJ I \ INITIALS: c..;w DUE: t{ I &/(
================---------------=~-------------------------------
FINAL ROUTING: DATE ROUTED: ;J.. -)"j -Cf5"INITIAL: ~
___ City Atty
___ Housing
___ city Engineer
___ Open Space
___Zoning ___Env. Health
Other:
FILE STATUS AND LOCATION:
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MEMORANDUM
TO:
Mayor and council ~, ~
Amy Margerum, City Manager~
stan Clauson, Community Development
Directo6-
THRU:
THRU:
FROM:
Mary Lackner, Planner
RE:
Aspen School District Code
Dedication Requirements
Series of 1995
Amendment - Establishing Land
Znd Reading Ordinance 32,
DATE:
December 11, 1995
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SUMMARY: The Planning Office and Planning and Zoning commission
recommend approval of the applicant's request.
The applicant is seeking a land use code amendment to enact school
land dedication standards which would apply to all new subdivisions
within the Aspen School District. The City code amendment would
require a land dedication requirement for all newly subdivided
parcels within the City of Aspen.
The applicant has submitted a concurrent application being reviewed
by the Pitkin County Board of County Commissioners to enact this
legislation within the Aspen School District. This text amendment
was finally approved by the BOCC on October 25, 1995.
APPLICANT: Aspen School District.
APPLICANT'S REPRESENTATIVE: Alan Richman, Alan Richman Planning
Services.
PREVIOUS COUNCIL ACTION: None.
BACKGROUND: The Aspen School District has been experiencing a
steady growth of student enrollment during the past five years.
In order to keep up with the increase in student enrollments and
to maintain the existing level of service to students in the
future, the Aspen School District has submitted a Land Use Code
amendment that would enact school land dedication standards within
the Aspen School District boundaries within the City of Aspen.
The Colorado Revised Statues (C.R.S.) ~rovide for express authority
for counties to include provisions in their subdivision regulations
to require reservation or dedication of sites and land area for
schools, or payment of cash-in-lieu of such reservations or
dedications in CoR.S. 30-28-133(4). CoR.S. 29-20-104 also provides
additional authority to local governments to regulate the use of
land to address the impacts of development. (These citations are
noted in the applicant's submission materials in Exhibit '~A") 0
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STAFF COMMENTS: Land Use Code amendments are subject to section
24-7-1102 of the Aspen Municipal Code. This provision is addressed
in Exhibit "B". Staff' has also included additional information
regarding the proposed text amendment to assist Council to
understand the applicant's request.
Fee Waiver: The applicant is seeking to have their land use fees
waived for this project. To date the Planning Office review fees
for this project have totalled $3655. With an additional one or
two hours still outstanding for this meeting. This request was
also made by the applicant for the County land use application,.
however the BOCC was unable to waive the fees.
Existing regulations: Presently the Aspen Municipal Code addresses
impacts to schools in annexation, rezoning, conditional uses, and
GMQS competition. If a land use application is subject to these
provisl.ons of the Code, and to a lesser extent SPA and PUD
regulations, a finding can be made that the proposed development
has an adverse effect on the school district and mitigation can be
required. Williams Ranch was subject to paying the school district
approximately $15,000 for school mitigation.
It has been the practice of the Planning Office to refer
subdivision and GMQS competition applications to the school
district for review and comment. On occasion, the Aspen School
District has identified a fee, which has been included as a
condition of approval.
School enrollment: The application indicates that school
enrollment has been increasing at approximately 3% to 8% per year
and this increase is seen in the elementary, middle and high school
levels. Staff has learned from the District that approximately 20%
of student enrollment is out-of-district and there are no fees paid
by out of district students. The School District is not reimbursed
from the other school districts in which these students reside.
Therefore, it should be noted that the increase in students within
the Aspen School District is not based solely on growth within the
boundaries of the District and Aspen, but from growth throughout
the Roaring Fork Valley.
The Municipal Code presently provides a park development impact fee
that assesses fees upon all development which creates additional
bedrooms in residential and lodge uses, or which creates additional
commercial or office space. The applicant's proposed amendment
does not. go as far as the park development impact fee which
assesses fees on all previously subdivided parcels. The school
district fee will only apply to new subdivisions.
Existing Mill Levy for the Aspen School District: All properties
within the Aspen School District are assessed a 10.671 mill levy
property tax that goes to the School District. The following
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assessed valued properties (taken from the applicant's application
examples) would be taxed at approximately this level .each year,
which accrues directly to the Aspen School District:
Assessed Property
Value
Approximate School
District Tax
$600,000 =
$500,000 =
$175,000 =
$115,000 =
$ 75,000 =
$ 40,000
$ 18,000 =
$6,402
$5,335
$1,867
$1,227
$ 800
$ 426
$ 192
Proposed Code Amendment: The applicant has presented proposed Land
Area per Student and Students Generated per Dwelling unit formulas
in detail in the application. Staff does not challenge the method
or formulas that were used to justify the proposed land dedication
requirements.
The proposed formula for calculation follows:
Market value of land x applicable land dedication standard
x 0.33 = amount of cash payment.
For example, for a property having a market land value of $100,000
on which a four bedroom house is proposed, the payment would be:
$100,000 x 0.0248 x 0.33 = $818.40
The code amendment proposes a new section to the code and is
included in the Exhibit section.
SUMMARY: The applicant's request will only be applied to new
residential and mixed use subdivisions.
Since the AACP has been adopted, the City and County are
encouraging new development to be split 70% affordable housing
units to 30% free market dwelling units. Therefore, it can be
assumed that in the future the majority of newly subdivided lots
will be affordable housing units. These units will not be exempt
from this code amendment, however, their valuation will reflect
their deed restricted status.
The applicant has revised the proposed cap of the valuation of lots
at $150,000 which was proposed at first reading in early summer.
The new language eliminates the land valuation cap, but adds a
formula that requires an applicant to pay only a percentage of the
total fee. This is a more equitable approach as everyone paying
the fee only pays 33% of the calculated fee.
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Subsequent to first reading, City Attorney John Worcester
recommended additional language to the Ordinance. Subsections
(e) (2) (a) - (d) have been amended to clarify the administration
of fees collected by the City and distributed to the school
district.
As a reference, staff has run the school district cash-in-lieu
formula on the proposed 12 unit Water Place affordable housing
project and as estimated that the fee will be approximately $2,300
for the entire project, or about $192 per unit. Staff had a
difficult time determining the lot valuation for these units as the
Assessor's Office has yet to establish a list of comparable RO lot
values for the city of Aspen. Staff assumed an assessed land value
of $35,000 to $60,000 depending on the proposed development to
estimate the proposed fee. 'This should only be used as a general
reference.
RECOMMENDATION: The Planning and Zoning commission and staff
recommend approval of the Text Amendment to assess a land
dedication requirement on all newly subdivided parcels subject to
the language in the attached ordinance.
PROPOSED MOTION: "I move to approve Ordinance 32, Series of 1995."
"I move to approve the School District Land Dedication code
amendment at first reading."
CITY MANAGER COMMENTS:
Exhibits:
Ordinance 32, Series 1995
"A" Application information
"B" Planning staff responses to Code section 24-7-1102
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INTERGQVERNMENT Ai AGREEMENT
. THIS AGREEMENT, is entered into effective as of the 1stday of January,
1996, by and between the CITY OF ASPEN, Colorado, a home rule
municipality and body politic organized and existing by virtue of the laws of
the State of Colorado C4City"), and the ASPEN SCHOOL DISTRlCT, a
political subdivision of the State of Colorado organized under and existing
by virtue of the laws of the State of Colorado ("School District'').
WITNESETH
WHEREAS, the School District and the City desire to enter into this
intergovernmental agreement to define the rights and obligations with
respect to Ordinance No. 32 ,Series of 1995, amending Chapter 24 of the
Municipal Code to adopt school land dedication standards.
NOW, THEREFORE, in consideration of the objectives and policies herein
expressed, it is agreed by and between the parties hereto as follows:
1. The parties hereto agree that the school land dedication standards,
applicability, dedication schedule, procedures for land dedication and cash
payments, and use ofland and funds, shall be as set forth in Ordinance No. _
32 ,Series of 1995.
2. The School District shall periodically, but no less than every three (3)
years, review the dedication schedule set forth in Ordinance No. 32 ,
Series of 1995, to ensure that the land dedication standards which are
assessed are fair and represent the current level of services provided by the
School District.
3. The School District shall submit an annual report on or before March 31
to the City Manager describing the School District's expenditure of funds
collected from school Ian.d dedication during the preceeding calendar year.
This report shall include:
(1) A review of the assumptions and data upon which the
methodology is based. including assessed value, student generation ratios,
and land dedication standards.
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(2) Alternative revenue sources for funding construction of
new school facilities made necessary by new development.
(3) Recommendations for modifications to the dedication
schedules.
(4) To the extent permitted by law, the School District and the City shall
each indemnify and hold the other, and their respective officers, employees,
and agents, harmless from claims related to the requisition, collection, or
administration of Ordinance No. 32 .. Series of1995.
(5) In the event the City and/or School District are named as defendants in
any legal action pertaining or related to Ordinance No...1L, Series of 1995,
the following provisions shall apply:
a. The City Attorney and Counsel for the School District shall
cooperate in the defense of said action and any costs and feed incurred for
their services shall be separately borne by the City and School District,
respectively,
b. In the event the City and the School District, after consultation
with the City Attorney and Counsel for the School District deem it
necessary or appropriate to eventually select and jointly employ special
counselor expects to assist in the defense of said action, the reasonable
attorney's fees, consultant or expert fees, costs, and expenses incurred for
said additional joint counsel and experts shall be paid 75 percent by the
School District and 25 percent by the City.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
which shall be in force and effect the day and year first above written.
CITY OF ASPEN
By:
City Manager
ArrEST:
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ATTEST:
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ASPEN SCHOOL DISlRICT
By:
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March 15, 1995
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Mr. Stan Oauson, City Planning Director
Aspen/Pitkin County Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: CODE AJ.\fENDMENT El'fACITNG SCHOOL lAND DEDICATION STANDARDS
Dear Stan,
Over the past several months, as the representative of the Aspen School District, I have held
several discussions with you to review a proposed amendment to the Aspen Land Use
Regulations to enact school land dedication standards. Together, we have reviewed State
enabling legislation, the methodology for calculating land dedication standards and various
administrative issues.
Attached to this memo is the resulting application for a Code amendment. To simplify your
processing of this application, I have pr'Jvided a copy of this application on computer disk,
in Wordperfect 5.1, so it can be easily incorporated it into the Code.
At this time I am only submitting a single copy of the application to you. Once you have
had an opponunity to review the submission internally, please let me know if you require
any additional copies.
According to Section 24-7-1103 of the Aspen Land Use Regulations, "A development
application for an amendment to the text of this chapter may be submitted at any time
during the year". It is not necessary, therefore, for the application to be sponsored by the
Planning Commission or Council for it to be submitted today. Further, you have previously
stated that since the Aspen School District is a public body, the City would waive the
requirement for an application fee to be paid. We have not, therefore, submitted an
application fee at this time.
The Aspen School District is anxious to have this proposal considered by the Aspen Planning
and Zoning Commission and the Aspen City Council as soon as possible. We woUld
appreciate it if you would schedule this application on the first available agenda. The School
District Board has indicated to me that they are available at any time if either body feels
there is a :Ieed for a work session to be held prior to the public hearing on this matter.
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Mr. Stan Qauson
March 15, 1995
Page Two
Please do not hesitate to contact me at any time if you have questions regarding the
materials. we have submitted or if there is any additional information I can provide to you.
Very truly yoUIS,'
ALAN RICHMAN PLANNING SERVICES
A~ L.J
Alan Richman, AlCP
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APPLICATION FOR AMENDMENTS TO ASPEN LAND USE REGULATIONS
Background
In the last 5 years, the Aspen School District has experienced growing student enrollments.
Enrollments have grown as follows:
1990: 988 students
1991: 1,080 students
1992: 1,125 students
1993: 1,160 students
1994: 1,197 students
It has become increasingly co=on nationwide for public service providers in growing
co=unities to adopt impact fees to fairly apportion the costs of growth to new
development, so that existing taxpayers are not solely responsible for the costs of growth.
However, because of a recent Colorado District Court ruling involving school impact fees
in Douglas County, the Aspen School District has decided not to consider impact fees at this
time.
School land dedication standards, on the other hand, represent a more traditional means of
mitigating the impacts of development on schools in Colorado. Land dedication standards
have been adopted by a wide range of co=unities throughout the State, including, only by
way of example, Boulder, Eagle County and Mesa County.
Included herein is an examination of State authority granted to local governments to address
the impacts of new development on schools. Also included is documentation of the
methodology and calculations used by the School District to evaluate these impacts and to
determine the proposed school land dedication standards. Several administrative issues
associated with the adoption of such standards are then examined, and solutions are
proposed. Finally, the language of the proposed Code amendment is presented.
Authority
The Colorado Revised Statutes (C.R.S.) provide express authority for counties to include
provisions in their subdivision regulations to require reseIVation or dedication of sites and
land areas for schools, or payment of cash-in-lieu of such reseIVations or dedications. C.R.S.
30-28-133 (4) reads as follows:
"(4) Subdivision regulations adopted by the board of county co=issioners pursuant to
this section shall also include, as a minimum, provisions governing the fOllowjng
matters:
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(a) Sites and land areas for schools and parks when such are reasonably necessary
to serve the proposed subdivision and the future residents thereof. Such
provisions may include:
(1) Reservation of such sites and land areas, for acquisition by the County;
(II) Dedication of such sites and land areas to the county or to the public
or, in lieu thereof, payment of a sum of money not exceeding the full
market value of such sites and land areas or a combination of such
dedication and such payment; except that the value of such
combination shall not exceed the full market value of such sites and
land areas. If such sites and land areas are dedicated to the county or
the public, the board of county commissioners may, at the request of
the affected entity, sell the land. Any such sums, when required, or
moneys paid to the board of county commissioners from the sale of .
such dedicated sites and land areas, shall be held by the board of
county commissioners:
(A) For the acquisition of reasonably necessary sites and land areas
or for other capital outlay purposes for schools or parks;
(B) For the development of said sites and land areas for park
purposes; or
(C) For growth-related planning functions by school districts for
educational purposes."
The Colorado Land Use Control Enabling Act of 1974 also provides more general authority
to local governments to regulate the use of land to address the impacts of development, as
stated in c.R.S. 29-20-104:
"...Each local government within its respective jurisdiction has the authority to plan for and
regulate the use of land by:
(t) Regulating the use of land on the basis of the impact thereof on the
community or surrounding areas."
These statutory provisions provide Aspen and Pitkin County with express authority to enact
school land dedication standards.
Formula
The formula we have used to calculate the standards for school land dedications is one
which has been used by a number of other local governments. The formula is as follows:
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Land area provided per student x students generated per
dwelling unit = land dedication standard.
The following sections descnbe how to calculate this formula.
1. Land Area Provided Per Student
The determination of land area provided per student reflects the actual level of service
currently provided within the Aspen School District, considering the following two factors:
a. The amount of land currently owned by the School District which is used for
educational purposes; and
b. The existing capacity of the schools.
The School District owns two parcels of land which are currently used for educational
purposes, these being the main campus on Maroon Creek Road and the school site within
Aspen (a/k/a, "the yellow brick school"). These two parcels comprise a total of 31 acres of
land. The School District also owns a 35 acre parcel of land in the Frying Pan Valley, near
Reudi Reservoir, used for outdoor education purposes. To be conservative in the calculation
of these standards, the Reudi site has not been counted in this formula.
The School District has determined that the capacity of the three schools in the District is
as follows:
Elementary:
Middle:
High:
Total:
500-550 students
350..500 students
300-400 students
1,150-1,450 students
For purposes of this analysis, the mid-point in the capacity range, 1,300 students, was used.
Applying these two factors results in the following calculations:
31 acres = 1,350,360 square feet.
1,350,360 square feet + 1,300 students = 1,039 sq. ft. provided per student.
2. Students Generated Per Dwellinl! Unit
To determine the number of students generated per dwelling unit, it is first necessary to
decide how to categorize units. Research indicates that for purposes of these calculations,
many other communities categorize units as "single-family" and "multi-family". This is a
relatively simple approach which allows Census or other readily available data to be u~ed
to identify the number of students generated by each type of unit.
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It has been Aspen and Pitkin County's experience, however, that bedroom count is a far
better indicator of all forms of occupancy, including student generation, than is the type of
structure. Therefore, it was decided to use bedroom count, rather than unit type, as the
measure of student generation.
Since no local data was available on the number of school age students generated per
dwelling unit within the School District, it was decided that a survey should be conducted.
A map of the- School District boundaries was obtained from the Pitkin County Assessor, so
a survey area could be defined. The map illustrates that the Aspen School District includes
Aspen, what Pitkin County calls the "Aspen Metro" area, Owl Creek/Brush Creek and most
of Snowmass Village, Woody Creek and that portion of the Highway 82 Corridor stretching
as far as Gerbazdale.
Next, a survey sample needed to be defined. Using records maintained by Pitkin County,
through its growth management system, it was determined that contacts with a minimum of
300 households would represent a valid sample, and this became the survey target.
A sample population was created by randomly selecting households out of the 1994 Polk
Cross Reference Directory, which provides a listing of each telephone number in the 920,
923, 925 and 544 exchanges, corresponding to the telephone exchanges for the subject area.
Obvious business numbers were excluded from the sample.
Direct telephone contacts were made to each household in the sample and the following
questions were posed:
1. Do you live/work in Pitkin County year-round?
If the answer was no, the survey was discontinued.
If the answer was yes, the following questions were posed:
2. Where do you live?
Within Aspen City Limits
Aspen Area (to Brush Creek Road)
Snowmass Village
Brush Creek VillagelWoody Creek/Aspen Village/Gerbazdale
3. How many children from your household attend elementary, middle or high school?
4. How many bedrooms are there in your home?
A total of 331 surveys were completed. These 331 households generate 198 of the students
who attend the Aspen Public Schools, accounting for approximately 1/6 (16.5%) of The
student body. Table 1 summarizes the results obtained from the survey.
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TABLE 1
SUMMARY OF RESPONSES TO SURVEY
Unit Type Number of Number of Students
Responses Received Students Generated Generated Per
Unit
Studioll bedroom 41 2 .05
2 bedroom 102 41 040
3 bedroom 119 III .68
4 bedroom 53 55 1.04
5 or more bedroom 16 19 l.19
Total 331 198 .60
The validity of these results is demonstrated by the fact that U.S. Census data for the
Mountain Region indicates that a typical single family dwelling unit in the Region generates
about 0.8 public school students and a typical multi-family unit generates about 0.3 public
school students. The results obtained in the survey are quite consistent with these regional'
factors. It would not be statistically valid, however, to attempt to establish factors for
students generated per each unit type for geographic sub-areas within the School District,
given the size of the survey sample.
Table 2 completes the calculations, illustrating the proposed land dedication standards by
unit type.
TABLE 2
PROPOSED LAND DEDICATION STANDARDS
I Unit Type Land Pn)vided Per Students Land Dedication
I Student (sq. 1'1.) Generated Per Standard in Acres
I Unit (sq. ft.)
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Studioil bedroom 1.039 .OS .0012 (52)
2 bedroom l.039 AO .0095 U16)
I 3 bedroom 1,039 .68 .0162 (707)
4 bedroom 1.039 1.04 .0248 (1.081)
5 or more bednlom 1,039 11.19 .0284 (1.236) ,
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,4.dministrative Issues
Several admini~trative issues must be addressed to implement these standards. The
following proposals are made in this regard.
1. Cash-Tn-Lieu Values
We propose that applicants who wish to pay cash, rather than dedicating land to the School
District, be permitted to do so. Land value should be determined in the following manner:
a. For new subdivisions, land value shall be market value at the time of the cash-
in-lieu payment, including site improvements such as streets and utilities, but
excluding residential dwelling units.
b. For all other developments, land value shall be the most recent land value
assigned by the Pitkin County Assessor, net of the value of the dwelling and
other improvements.
We have reviewed the Assessor's files to determine if their data will apply to this formula.
Their data appears to be quite usable for both single family dwellings and condominiums,
as there is an actual land value given for each property. For condominiums, it appears that
the land value is relative to the size of the unit as compared to the other units in the
complex. To obtain the land value per unit for multi-family units under single ownership,
it will be necessary to divide the number of units in the complex by its total land value.
We tested the formula by obtaining land values for selected lots and units, as follows:
Meadowood:
City Townsite Lots:
Brush Creek Village:
Little Elk Creek:
Twin Ridge:
Centennial:
Gant:
$500,000
$600,000
$175,000
$115,000
$ 40,000
$ 18,000
$ 75,000
Applying the formula to apply to these lots results in the following sample calculations:
5 bedroom home in Meadowood:
3 bedroom home on City Townsite Lots:
4 bedroom home in Brush Creek Village:
3 bedroom home in Little Elk Creek:
3 bedroom home in Twin Ridge:
2 bedroom condominium in Centennial:
1 bedroom condominium in Gant:
$500,000 x .0284 = $14,200
$600,000 x .0162 = $ 9,720
$175,000 x .0248 = $ 4,340
$115,000 x .0162 = $ 1,863
$ 40,000 x .0162 = $ 648
$ 18,000 x .0095 = $ 171
$ 75,000 x .0012 = $ 90
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The above numbers illustrate that the fees for a large home on an expensive lot will be
considerable. Since there are obviously lots in our market which are valued at $1 million
and more, the Aspen School District has considered several alternative approaches to this
formula. Our research indicates that while a local government cannot establish a standard
which is hililier than has been calculated by formula, the courts consider it to be fair and'
reasonable for a local government to establish a dedication standard which is less than that
calculated by formula.
First, we considered proposing a district-wide land value for the formula, instead of using
the value of the property being subdivided/developed. This value might reflect the cost of
land which the School District would purchase, instead of the cost of the lot being
developed. The major problem with this option is it penalizes the owner of a lower priced
lot, while rewarding the owner of a high priced lot. This approach also runs contrary to that
established by the state enabling legislation. We have, therefore, rejected this option.
We feel that a better approach would be to set a top-set amount in the formula for the land
value of the property being subdivided/developed. A more complex approach would be to
use a sliding scale which would limit the maximum amount of the fee which would be
collected. Another approach would be to phase-in the fee, by only deciding to collect a
percentage of the calculated amount (say 25% or 50%) at this time.
Our proposal reflects the simplest, most effective approach to this problem, which is to
establish a top-set amount in the formula for. the land value of the property being
subdivided/developed. We suggest a maximum land value of $150,000, which would result
in a maximum fee of $4,260 for a five bedroom home, $3,720 for a four bedroom home and
$2,430 for a three bedroom home. Of course, we would welcome other approaches
suggested by the City during the process of adopting these amendments.
2. Applicabilitv to Affordable Housing and to Seasonal Units
We propose that the land dedication standards apply to both affordable housing units and
to seasonal housing units. Given the growing emphasis of the affordable housing program
on family style housing, such units are one of the significant generators of school students,
both today and in the future. This conclusion is verified by the survey research we have
recently conducted.
While seasonal residential units occupied by visitors may not generate students each school
year, it is co=only recognized that a unit which is occupied seasonally one year is occupied
full time the next year. Since there is no way to monitor or limit such occupancy, it is also
reasonable to apply the standards to such units.
3.
Applicabili~ to Previouslv and Newlv Subdivided Lots
.
We propose that the land dedication standards apply to the development of a new unit on
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either a previously subdivided lot or a newly subdivided lot, since both lot types will generate
students. The only exemption from the standards would be for any lot within a subdivision
which had previously made a school land dedication or cash-in-Iieu payment pursuant to a
prior City development approval.
We also propose that land dedication standards apply to the addition of a bedrooms to an
existing residence. The land or cash dedication should reflect the incremental difference in
standards between the two unit types. Development which does not add any residential
bedrooms would be exempt from the standards.
4. Time of DedicationIPavment
We propose that the applicable land dedication or payment of cash occur prior to and on
a proportional basis to, the issuance of building permits.
Proposed Ordinance
The precise wording of the amendment we propose to the Aspen Land Use Regulations has
been drafted in the form of a proposed ordinance, pn the pages which follow.
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Exhibit B
Text Amendment Review criteria
section 24-7-1102
A. Whether the proposed amendment is in conflict
with any applicable portions of this chapter.
Response: Staff does not find the proposed amendment to be in
conflict with any other portions of this chapter.
B.
Whether the proposed
with all elements
Comprehensive Plan.
amendment is consistent
of the Aspen Area
Response: The Aspen Area Community Plan does not address the
school district nor their future facilities.
c. Whether the proposed amendment is compatible
with surrounding zone districts and land uses,
considering existing land use and neighborhood
characteristics.
Response: The proposed amendment will be applicable to all newly
created parcels throughout the city. It would be almost impossible
for a new subdivision to be of a significant size that would
require a portion of the property to be dedicated as a school site.
There could be some cases when a new subdivision would warrant the
need to dedicate land for affordable housing for school employees.
All new subdivisions, with the exception of lot splits, would be
reviewed by the Planning commission and city council along with the
proposed dedication to the school district to determine if a land
dedication would be appropriate in each situation.
D. The effect of the proposed amendment on
traffic generation and road safety.
Response: This proposed legislation does not affect traffic
generation or road safety.
E. Whether and the extent to which the proposed
amendment would result in demands on public
facilities, and whether and the extent to
which the proposed amendment would exceed the
capacity of such public facilities, including
but not limited to transportation facilities,
sewage facilities, water supply, parks,
drainage, schools, and emergency medical
facilities.
Response: The proposed amendment is designed to require new
subdivision developers to pay a share of their impact on the local
school system. Staff believes the applicant is addressing this
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provision of the Code as it codifies a school land dedication
requirement for all new subdivisions.
F. Whether and the extent to which the proposed
amendment would result in significantly
adverse impacts on the natural environment.
Response: It is not anticipated that the proposed code amendment
will have any impact on the natural environment.
G. Whether the proposed amendment is consistent
and compatible with the community character in
the City of Aspen.
Response: Staff does not relate this code amendment to community
character and does not believe this criteria is applicable.
H.
Whether there have been
affecting the subject
surrounding neighborhood
proposed amendment.
changed conditions
parcel or the
which support the
Response: This code amendment does not
parcel or neighborhood. It will be
subdivisions within the City of Aspen.
relate to any specific
applicable to all new
I. Whether the proposed amendment would be in
conflict with the public interest, and is in
harmony with the purpose and intent of this
chapter.
Response: This amendment is not in conflict with the public
interest or the city of Aspen Municipal Code.
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MEMORANDUM
THRU:
Mayor and Council
Amy Margerum, City Manage~
stan Clauson, community Development
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Directort>)
TO:
THRU:
FROM:
Mary Lackner, Planner
RE:
Aspen School District Code
Dedication Requirements
Series of 1995
Amendment - Establishing Land
1st Reading Ordinance 32,
DATE:
November 13, 1995
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SUMMARY: The Planning Office and Planning and Zoning Commission
recommend approval of the applicant's request.
The applicant is seeking a land use code amendment to enact school
land dedication standards which would apply to all new subdivisions
within the Aspen School District. The City code amendment would
require a land dedication requirement for all newly subdivided
parcels within the City of Aspen.
The applicant has submitted a concurrent application being reviewed
by the Pitkin County Board of county commissioners to enact this
legislation within the Aspen School District. This text amendment
was finally approved by the BOCC on October 25, 1995.
APPLICANT: Aspen School District.
APPLICANT'S REPRESENTATIVE: Alan Richman, Alan Richman Planning
Services.
PREVIOUS COUNCIL ACTION: None.
BACKGROUND: The Aspen School District has been experiencing a
steady growth of student enrollment during the past five years.
In order to keep up with the increase in student enrollments and
to maintain the existing level of service to students in the
future, the Aspen School District has submitted a Land Use Code
amendment that would enact school land dedication standards within
the Aspen School District boundaries within the city of Aspen.
The Colorado Revised Statues (C.R. S.) provide for express authority
for counties to include provisions in their subdivision regulations
to require reservation or dedication of sites and land area for
schools, or payment of cash-in-lieu of such reservations or
dedications in C.R.S. 30-28-133(4). C.R.S. 29-20-104 also provides
additional authority to local governments to regulate the use of
land to address the impacts of development. (These citations are
noted in the applicant's submission materials in Exhibit "A").
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STAFF COMMENTS: Land Use Code amendments are subject to section
24-7-1102 of the Aspen Municipal Code. This provision is addressed
in Exhibit "B". Staff has also included additional information
regarding the proposed text amendment to assist Council to
understand the applicant's request.
Existing regulations: Presently the Aspen Municipal Code addresses
impacts to schools in annexation, rezoning, conditional uses, and
GMQS competition. If a land use application is sUbject to these
provisions of the Code, and to a lesser extent SPA and PUD
regulations, a finding can be made that the proposed development
has an adverse effect On the school district and mitigation can be
required. Williams Ranch was subject to paying the school district
approximately $15,000 for school mitigation.
It has been the practice of the Planning Office to refer
subdivision and GMQS competition applications to the school
district for review and comment. On occasion, the Aspen School
District has identified a fee, which has been included as a
condition of approval.
School enrollment: The application indicates that school
enrollment has been increasing at approximately 3% to 8% per year
and this increase is seen in the elementary, middle and high school
levels. Staff has learned from the District that approximately 20%
of student enrollment is out-of-district and there are no fees paid
by out of district students. The School District is not reimbursed
from the other school districts in which these students reside.
Therefore, it should be noted that the increase in students within
the Aspen School District is not based solely on growth within the
boundaries of the District and Aspen, but from growth throughout
the Roaring Fork Valley.
The Municipal Code presently provides a park development impact fee
that assess a fee upon all development that creates additional
bedrooms in residential and lodge uses and creates additional
commercial or office space. The applicant's proposed amendment
does not go as far as the park development impact fee.
Existing Mill Levy for the Aspen School District: All properties
within the Aspen School District are assessed a 10.671 mill levy
property tax that goes to the School District. The following
assessed valued properties (taken from the applicant's application
examples) would be taxed at approximately this level each year,
which accrues directly to the Aspen School District:
Assessed Property
Value
Approximate School
District Tax
$600,000 =
$500,000 =
$6,402
$5,335
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$175,000 = $1,867
$115,000 = $1,227
$ 75,000 = $ 800
$ 40,000 = $ 426
$ 18,000 = $ 192
proposed Code Amendment: The applicant has presented proposed Land
Area per Student and Students Generated per Dwelling unit formulas
in detail in the application. Staff does not challenge the method
or formulas that were used to justify the proposed land dedication
requirements.
The code amendment proposes a new section to the code and is
included in the Exhibit section.
SUMMARY: The applicant's request will only be applied to new
residential and mixed use subdivisions.
Since the AACP has been adopted, the city and County are
encouraging new development to be split 70% affordable housing
units to 30% free market dwelling units. Therefore, it can be
assumed that in the future the majority of newly subdivided lots
will be affordable housing units. These units will not be exempt
from this code amendment, however, their valuation will reflect
their deed restricted status.
The applicant has revised the proposed cap of the valuation of lots
at $150,000 since first reading. The new language eliminates the
land valuation cap, but adds a formula that requires an applicant
to pay only a percentage of the total fee. This is a more
equitable approach as everyone paying the fee only pays 33% of the
calculated fee.
Subsequent to first reading, City Attorney John Worcester
recommended additional language to the Ordinance. Subsections
(e) (2) (a) - (d) have been amended to clarify the administration
of fees collected by the City and distributed to the school
district.
As a reference, staff has run the school district cash-in-lieu
formula on the proposed 12 unit Water Place affordable housing
project and as estimated that the fee will be approximately $2,300.
Staff had a difficult time determining the lot valuation for these
uni ts as the Assessor's Off ice has yet to establish a list of
comparable RO lot values for the City of Aspen. Staff assumed an
assessed land value of $35,000 to $60,000 depending on the proposed
development to estimate the proposed fee . This should only be used
as a general reference.
RECOMMENDATiON: The Planning and Zoning commission and staff
recommend approval of the Text Amendment to assess a land
dedication requirement on all newly subdivided parcels subject to
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the language in the attached ordinance.
PROPOSED MOTION: "I move to approve Ordinance 32, Series of 1995."
"I move to approve the School District Land Dedication code
amendment at first reading."
CITY MANAGER COMMENTS:
Exhibits:
Ordinance 32, Series 1995
"A" Application information
"B" Planning staff responses to Code section 24-7-1102
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ORDINANCE NO. 32
(SERIES OF 1995)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
AMENDING CHAPTER 24 OF THE MUNICIPAL CODE, LAND USE REGULATIONS
TO ADOPT SCHOOL LAND DEDICATION STANDARDS
BY CREATING A NEW DIVISION OF THE LAND USE CODE
SECTION 24-7-1004(C) (5)
WHEREAS, section 24-7-1003 of the Municipal Code provides
that amendments to Chapter 24 of the Code, to wit, "Land Use
RegUlations", shall be reviewed and recommended for approval by the
Community Development Director and. then by the Planning and Zoning
commission at a public hearing, and then approved, approved with
conditions, or disapproved by the City Council at a public hearing;
and
WHEREAS, in the last 6 years, the Aspen School District has
experienced growing student enrollments, as follows:
1990:
1991:
1992:
1993:
1994:
1995:
988 students
1,080 students
1,125 students
1,160 students
1,197 students
1,224 students
WHEREAS, the Aspen School District has determined that the
capacity of the three schools in the District is as follows:
Elementary:
Middle:
High:
Total:
500-550 students
350-500 students
300-400 students
1,150-1,450 students
WHEREAS, section 29-20-104 of the Colorado Revised Statutes
provides authority to local governments to plan for and regulate
the impacts of development on the community and surrounding areas;
and
WHEREAS, Article XX, section 6, of the Colorado Constitution
grants to home rule municipalities the full right to self
government in all local and municipal matters; and
WHEREAS, Article XI, section 7 of the Colorado Constitution
allows any political subdivision of the state to give direct or
indirect assistance to any political subdivision as may be
authorized by general statute; and
WHEREAS, Article XIV, section 18(2) (a) of the Colorado
Constitution supports the cooperation or contracting by .or among
any of its political subdivisions to provide any function or
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facility lawfully authorized to each of the cooperating units,
including, without limitation, the sharing of costs, the imposition
of taxes, or the increasing of debts; and
WHEREAS, C.R.S. sections 29-1-201 and 29-1-203, permit and
encourage government entities to make the most efficient and
effective use of their powers and responsibilities by cooperating
and contracting with other governmental entities to provide any
function, service, or facility lawfully authorized to each
including the sharing of costs; and
WHEREAS, C.R.S. section 22-32-122, grants to school districts
the power to contract with a municipality for the performance of
any service, activity, or undertaking which any.school district may
be authorized by law to perform or undertake; and
WHEREAS, C.R.S. section 29-20-106 authorizes home rule
municipalities to receive and expend funds from other governmental
sources for the purpose of planning for and regulating the use of
land; and
WHEREAS, the Aspen School District and the City have agreed
to define the rights and obligations with respect to the adoption
of school land dedication standards as set forth in this ordinance
and an intergovernmental agreement appended hereto as Exhibit A;
and
WHEREAS, the Aspen School District has completed an evaluation
of the impacts of new development on the need for land for pUblic
schools and has prepared a formula to calculate these impacts; and
WHEREAS, the formula used by the Aspen School District to
calculate the standards for school land dedication is as follows:
Land area provided per student x students generated per
dwelling unit = land dedication standard.
WHEREAS, the Aspen School District provides 1,039 square feet
of land area per student; and
WHEREAS, the Aspen School District conducted a survey and
determined the following number of students are generated per
dwelling unit within the District:
dormitory:
studiof1 bedroom:
2 bedroom:
3 bedroom:
4 bedroom:
5 bedroom:
0.00 students
0.05 students
0.40 students
0.68 students
1.04 students
1.19 students
WHEREAS, calculation of the formula results in the following
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land dedication standards:
dormitory:
studio/1 bedroom:
2 bedroom:
3 bedroom:
4 bedroom:
5 bedroom:
.0000 acres (0 sq.ft.)
.0012 acres (52 sq. ft.)
.0095 acres (416 sq. ft.)
.0162 acres (707 sq. ft.)
.0248 acres (1,081 sq. ft.)
.0284 acres (1,236 sq. ft.)
WHEREAS, the Aspen School District submitted an application
to the city of Aspen proposing amendments to the Aspen Land Use
Regulations which would apply these land dedication standards to
new residential subdivisions; and
WHEREAS, on
Commission held
amendments to the
June 20, 1995 the Aspen Planning and Zoning
a public hearing to consider the proposed
Aspen Land Use Regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
section 1:
That a new section 24-7-1004 C.5 of the Aspen Municipal Code be
enacted to read as follows:
section 24-7-1004 C.S. School.Land Dedication Standards
a. Purpose. 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 Division 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.
b. Applicability. School land dedication standards shall be
assessed upon all new subdivisions within the city of Aspen
which contain residential units.
c. Dedication Schedule.
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(1) Land Dedication. School land dedications shall be
assessed according to the following schedule:
unit Type
Land Dedication standard
Dormitory
studio/One bedroom
Two bedroom
Three bedroom
Four bedroom
Five or more bedroom
.0000 acres (0 sq.ft.)
.0012 acres (52 sq. ft.)
.0095 acres (416 sq. ft.)
.0162 acres (707 sq. ft.)
.0248 acres (1,081 sq. ft.)
.0284 acres (1,236 sq. ft.)
(2) Cash-in-Lieu Payment. 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 section.
Because of the cost of subdivided land in the City of
Aspen, the School District and Aspen have decided 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:
Market value of land x applicable land dedication
standard x 0.33 = amount of cash payment.
For example, for a property having a market land value
of $100,000 on which a four bedroom house is proposed,
the payment would be:
$100,000 x 0.0248 x 0.33 = $818.40
(a) 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 utilities, but excluding the value of
residential dwelling units and other structures on
the property. When more than one residential
dwelling unit is to be built on a lot, then each
unit shall be assigned its proportionate share of
the current market value of the lot.
(b) Substantiation. Market value may be substantiated
by a documented purchase price (if an arms length
transaction no more than two years old) or other
mutually agreed upon recognized means.
(c) 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.
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(3) Mixed Use Developments. When the proposed subdivision
contains a mix of residential, commercial, and other
uses, the required dedication shall be based on the
number of proposed residential units only.
d. Procedures for Land Dedication and Cash Payment.
(1) Land Dedication. Lands to be dedicated to the City to
fulfill the standards of this Division shall be
identified on the subdivision plat and shall be dedicated
to the city at the time of final plat approval.
(a) Acceptance. Acceptance of the lands to be dedicated
shall be at the discretion of the Aspen city
Council.
(b) Criteria. Prior to acceptance, the Council 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. Council shall also
consider the probable impacts on neighboring
properties of the development of the land for school
purposes. When the lands proposed to be dedicated
are not adequate or suitable for school purposes and
cannot feasibly be sold, the Council shall require
a cash payment in-lieu of the land dedication.
(2) 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.
e. Use of Land and Use of Funds.
(1) Land. 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.
(2) Funds. All funds collected pursuant to this Division
shall be transferred by the building inspector 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
5
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be used exclusively for the purposes specified herein.
(a) city Shall Transfer Funds to School District. Funds
collected pursuant to this Division shall be
remitted at least 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 owners of the funds in the account, but the
signature of the chief financial officer of the
Aspen School District, or his or her designee, and
the signature of the finance director of the city
of Aspen, or his or her designee, shall be required
for the withdrawal of monies from the account.
(b) Administrative Fee. The City shall be entitled to
retain two (2) percent 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) Use of Land or Funds for Housing. If the School
District decides that land or funds dedicated
pursuant to this Section should be used for housing,
then the School District shall place a deed
restr iction on those housing units, restr icting
their occupancy solely to School District employees
and their immediate families. In the event the
inventory of housing exceeds the District's needs,
the School Board may allow occupancy of the units
through the Housing Authority.
f. Periodic Review. ln order to ensure that the land dedication
standards which are assessed are fair and represent the
current level of service provided by the Aspen School
District, the dedication. schedule shall be reviewed by the
City, together with the School District, and amended as
necessary within three (3) years of its effective date and
every three (3) years thereafter.
Section 2:
This Ordinance shall not become effective until January 1,
1996, or upon the date that the intergovernmental agreement
approved hereto in Exhibit "A" is executed by the city Manager of
the City of Aspen and the President of the Aspen School District
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Board, whichever date is tater. The City Manager of the City of
Aspen is hereby authorized to execute the intergovernmental
agreement on behalf of the City of Aspen.
section 3:
This Ordinance shall not affect any existing litigation and
shall not operate as an abatement of any action proceeding now
pending under or by virtue of the ordinances repealed or amended
as herein provided, and the same shall be conducted and concluded
under such prior ordinances,
section 4:
If any section, subsection, sentence, clause, phrase, or
portion of this Ordinance is for any reason held invalid or
unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
shall not affect the validity of the remaining portions thereof.
section 5:
A public hearing on this Ordinance shall be held on the
day of ____, 1995 in the city Council Chambers, Aspen City Hall,
Aspen, Colorado, fifteen (15) days prior to which a hearing of
public notice of the same shall be published in a newspaper of
general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by
the City Council of the City of Aspen on the day of ,
1995.
John Bennett, Mayor
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ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this
1995.
day of
,
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
ord.cc.textamend.school
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INTERGOVERNMENTAL AGREEMENT
lHIS AGREEMENT, is entered into effective as of the 1st day ofJanuary,
1996, by and between the CITY OF ASPEN, Colorado, a home rule
municipality and body politic organized and existing by virtue of the laws of
the State of Colorado ("City"), and the ASPEN SCHOOL DISTRICT, a
political subdivision of the State of Colorado organized under and existing
by virtue of the laws of the State of Colorado ("School District").
WITNESETII
WHEREAS, the School District and the City desire to enter into this
intergovernmental agreement to define the rights and obligations with
respect to Ordinance No.~, Series of 1995, amending Chapter 24 of the
Municipal Code to adopt school land dedication standards.
NOW, THEREFORE, in consideration of the objectives and policies herein
expressed, it is agreed by and between the parties hereto as follows:
1. The parties hereto agree that the school land dedication standards,
applicability, dedication schedule, procedures for land dedication and cash
payments, and use of land and funds, shall be as set forth in Ordinance No. _
32 , Series of 1995.
2. The School District shall periodically, but no less than every three (3)
years, review the dedication schedule set forth in Ordinance No. ~,
Series of 1995, to ensure that the land dedication standards which are
assessed are fair and represent the current level of services provided by the
School District.
3. The School District shall submit an annual report on or before March 31
to the City Manager describing the School District's expenditure offunds
collected from school land dedication during the preceeding calendar year.
This report shall include:
(1) A review of the assumptions and data upon which the
methodology is based, including assessed value, student generation ratios,
and land dedication standards.
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(2) Alternative revenue sources for funding construction of
new school facilities made necessary by new development.
(3) Recommendations for modifications to the dedication
schedules.
(4) To the extent permitted by law, the School District and the City shall
each indemnify and hold the other, and their respective officers, employees,
and agents, harmless from claims related to the requisition, collection, or
administration of Ordinance No...22..... Series of 1995.
(5) In the event the City and/or School District are named as defendants in
any legal action pertaining or related to Ordinance No...22...., Series of 1995,
the following provisions shall apply:
a. The City Attorney and Counsel for the School District shall
cooperate in the defense of said action and any costs and feed incurred for
their services shall be separately borne by the City and School District,
respectively,
b. In the event the City and the School District, after consultation
with the City Attorney and Counsel for the School District, deem it
necessary or appropriate to eventually select and jointly employ special
counselor expects to assist in the defense of said action, the reasonable
attorney's fees, consultant or expert fees, costs, and expenses incurred for
said additional joint counsel and experts shall be paid 75 percent by the
School District and 25 percent by the City.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
which shall be in force and effect the day and year first above written.
CITY OF ASPEN
By:
City Manager
ATTEST:
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ATTEST:
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ASPEN SCHOOL DISTRICT
By:
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j-'vCA.
PUBLIC NOTICE
RE: AMENDMENTS TO THE TEXT OF CHAPTER 24, CHAPTER 19 AND CHAPTER 7
OF THE ASPEN MUNICIPAL CODE
.
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, November 27. 1995
at a meeting to begin at 5:00 p.m. before the Aspen City Council. Council ChambeI'S. City Hall, 130
S. Galena St., Aspen, to consider an application submitted by the Aspen School District, requesting
enactment of a new Division 8 of Article 5 of Chapter 24 of the Aspen Municipal Code. to be titled
"School Land Dedication Standards". For further information, contact Mary Lackner at the
AspenlPitkin Community Development Department, 130 S. Galena St., Aspen. CO 920-5106
sI.Tohn Bennett. Mavor
Aspen City Council
Published in the Aspen Times on November 11, 1995
City of Aspen Account
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EXHIBIT "A"
CALCULATION OF CHANGES IN URBAN INDEX
The term "Urban Index" used herein shall refer to the
Consumer Price Index - All Urban Consumers (CPI-U), U.S. City
Average, All Items (1967 = 100) compiled by the United States
Department of Labor, Bureau of Labor statistics. By way of
identification, the parties agree that the CPI-U index number for
July 1993 = 432.6. If at the time of computation of rental
increases as provided below the Urban Index as defined is not
then being currently published, the parties shall mutually select
a substitute index which has historically approximated the Urban
Index as defined. The parties further agree that the methodology
they will use for calculating index changes in the Urban Index is
that described in the instruction sheet from the Bureau of Labor
Statistics, U.S. Department of Labor, which reads as follows:
CALCULATING INDEX CHANGES
Movements of the indexes from one month to another are
usually expressed as percent changes rather than changes in
indexpoints, because index point changes are affected by the
level of the index in relation to its,base period while
percent changes are not. The example in the accompanying
box illustrates the computation of index point and percent
changes.
Percent changes for 3-month and 6-month period are expressed
as annual rates and are computed according to the standard
formula for compound growth rates. These data indicate what
the percent change would be if the current rate were main-
tained for a 12-month period.
INDEX POINT CHANGE
CPI
Less previous index
Equals index point change
315.5
303.5
12.0
PERCENT CHANGE
Index Point difference
Divided by the. previous index
Equals
Results multiplied by one hundred
Equals percent change
12.0
303.5
0.040
0.040 x 100
4.0
7
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.-.
MEMORANDUM
TO: Mary Lackner, Planning Office
FROM: Alan Richman Planning Services M
SUBJECT: Proposed Revisions to Ordinance 32, Series of 1.995
DATE: August 1.5, 1.995
Chuck Brandt and I have reviewed the rev~s~ons to Ordinance 32,
Series of 1.995 prepared by the City Attorney. As you requested, we
are providing you our comments in writing concerning sub-section e.
of the Ordinance, "Use of Land and Use of Funds", as follows:
1.. The School District does not support the proposed addition of
subsection e. (2) (b), "City Approval Required for Land
Purchases". It would require the School District to submit a
site plan and construction schedule to the City and obtain
approval for them before it could spend any of the money
obtained from new development. We have the following concerns
with this proposal.
a. This provision would be in direct conflict with Colorado
Statutes, which provide that the. School Board is not
subject to local land use review for school facilities.
b. It is not reasonable for the City to be in a review and
approval position over School District expenditures which
could occur outside of the city limits, be they at the
existing campus or other locations.
c. Since the term "site plan" has not been defined, it is
not even clear to us what type of submission is being
suggested (Like a conceptual plan? Submitted to staff or
directly to Council? Planning fee required? etc.)
2. The School District believes it is reasonable for the City to
recover its costs for administering the dedication fee. Your
recent memo to the BOCC recommends a 1.% fee, as this parallels
the amount the County currently obtains for collecting school
property taxes. We suggest the 1.% value be inserted in sub-
section e. (2) (c).
3. There is a minor addition that is needed in sub-section e. (2)
(d) . This would IWovide that the deed restriction limit
occupancy of the units "solely to employees of the Aspen
School District and their immediate families." Please make
this addition in both the City and County ordinances.
Please let me know if we need to meet to discuss these comments.
/
~,
.~
~v,' c.-
MEMORANDUM
THRU:
Mayor and council
Amy Margerum, city Manager
stan Clauson, Community Development
Direct~
TO:
THRU:
FROM:
Mary Lackner, Planner
RE:
Aspen School District Code
Dedication Requirements
Series of 1995
Amendment - Establishing Land
2nd Reading Ordinance 32,
DATE:
August 14, 1995
-----------------------------------------------------------------
-----------------------------------------------------------------
SUMMARY: The Planning Office and Planning and zoning commission
recommend approval of the applicant's request.
The applicant is seeking a land use code amendment to enact school
land dedication standards which would apply to all new subdivisions
within the Aspen School District. The city code amendment would
require a land dedication requirement for all newly subdivided
parcels within the city of Aspen.
The applicant has submitted a concurrent application being reviewed
by the Pitkin County Board of County Commissioners to enact this
legislation within the Aspen and RE-1 school districts, which is
anticipated to be approved on August 9, 1995.
APPLICANT: Aspen School District.
APPLICANT'S REPRESENTATIVE: Alan Richman, Alan Richman Planning
Services.
PREVIOUS COUNCIL ACTION: None.
BACKGROUND: The Aspen School District has been experiencing a
steady growth of student enrollment during the past five years.
In order to keep up with the increase in student enrollments and
to maintain the existing level of service to students in the
future, the Aspen School District has submitted a Land Use Code
amendment that would enact school land dedication standards within
the Aspen School District boundaries within the city of Aspen.
The Colorado Revised Statues (C.R.S.) provide for express authority
for counties to include provisions in their subdivision regulations
to require reservation or dedication of sites and land area for
schools, or payment of cash-in-lieu of such reservations or
dedications in C.R.S. 30-28-133(4). C.R.S. 29-20-104 also provides
additional authority to local governments to regulate the use of
land to address the impacts of development. (These citations are
noted in the applicant's submission materials in Exhibit "A").
1"""\
1"""\
STAFF COMMENTS: Land Use Code amendments are subject to section
24-7-1102 of the Aspen Municipal Code. This provision is addressed
in Exhibit "B". Staff has also included additional information
regarding the proposed text amendment to assist Council to
understand the applicant's request.
Existing regulations: Presently the Aspen Municipal Code addresses
impacts to schools in annexation, rezoning, conditional uses, and
GMQS competition. If a land use application is subject to these
provisions of the Code, and to a lesser extent SPA and PUD
regulations, a finding can be made that the proposed development
has an adverse effect on the school district and mitigation can be
required. Williams Ranch was subject to paying the school district
approximately $15,000 for school mitigation.
It has been the practice of the Planning Office to refer
subdivision and GMQS competition applications to the school
district for review and comment. On occasion, the Aspen School
District has identified a fee, which has been included as a
condition of approval.
SchoOl enrollment: The application indicates that schoOl
enrollment has been increasing at approximately 3% to 8% per year
and this increase is seen in the elementary, middle and high school
levels. Staff has learned from the District that approximately 20%
of student enrollment is out-of-district. These out-of-district
students pay a capital use fee of $350 per student per school year,
with a maximum payment of $750 per family. The School District is
not reimbursed from the other school districts in which these
students reside. Therefore, it should be noted that the increase
in students within the Aspen School District is not based solely
on growth within the boundaries of the District and Aspen, but from
growth throughout the Roaring Fork Valley.
The Municipal Code presently provides a park development impact fee
that assess a fee upon all development that creates additional
bedrooms in residential and lodge uses and creates additional
commercial or office space. The applicant's proposed amendment
does not go as far as the park development impact fee.
Existing Mill Levy for the Aspen School District: All properties
within the Aspen School District are assessed a 10.671 mill levy
property tax that goes to the School District. The following
assessed valued properties (taken from the applicant's application
examples) would be taxed at approximately this level each year,
which accrues directly to the Aspen School District:
Assessed Property
Value
Approximate SchoOl
District Tax
$600,000 =
$6,402
2
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r-.
$500,000 = $5,335
$175,000 = $1,867
$115,000 = $1,227
$ 75,000 = $ 800
$ 40,000 = $ 426
$ 18,000 = $ 192
proposed Code AIIIendment: The applicant has presented proposed Land
Area per Student and Students Generated per Dwelling unit formulas
in detail in the application. Staff does not challenge the method
or formulas that were used to justify the proposed land dedication
requirements.
The code amendment proposes a new section to the code and is
included in the Exhibit section.
SUMMARY: The applicant I s request will only be applied to new
residential and mixed use subdivisions.
Since the AACP has been adopted, the City and County are
encouraging new development to be split 70% affordable housing
units to 30% free market dwelling units. Therefore, it can be
assumed that in the future the majority of newly subdivided lots
will be affordable housing units. These units will not be exempt
from this code amendment, however, their valuation will reflect
their deed restricted status.
The applicant has revised the proposed cap of the valuation of lots
at $150,000 since first reading. The new language eliminates the
land valuation cap, but adds a formula that requires an applicant
to pay only a percentage of the total fee. This is a more
equitable approach as everyone paying the fee only pays 33% of the
calculated fee.
Subsequent to first reading, City Attorney John Worcester
recommended additional language to the Ordinance. Subsections
(e) (2) (a) - (d) have been amended to clarify the administration
of fees collected by the City and distributed to the school
district.
As a reference, staff has run the school district cash-in-lieu
formula on the proposed 12 unit Water Place affordable housing
project and as estimated that the fee will be approximately $2,300.
Staff had a difficult time determining the lot valuation for these
units as the Assessor's Office has yet to establish a list of
comparable RO lot values for the City of Aspen. Staff assumed an
assessed land value of $35,000 to $60,000 depending on the proposed
development to estimate the proposed fee. This should only be used
as a general reference.
RECOMMENDATION: The Planning and Zoning Commission and staff
recommend approval of the Text Amendment to assess a land
3
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dedication requirement on all newly subdivided parcels subject to
the language in the attached ordinance.
PROPOSED MOTION: "I move to approve Ordinance 32, Series of 1995."
CITY MANAGER COMMENTS:
Exhibits:
Ordinance 32, Series 1995
"A" Application information
"B" Planning staff responses to Code section 24-7-1102
4
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MESSAGE DISPLAY
TO Mary Lackner
From: John Worcester
Postmark: Jun 20,95 3:31 PM
Status: Previously read
Subject: Reply to: Aspen School Dist
Reply text:
From John Worcester:
Sorry for the delay... We will need to make some formatting changes
before it goes to Council, but otherwise it looks ok. The $150,000
cap seems regressive but I don't have an opinion on it. As to
affordable housing, I don't frankly know. There is no court decisions
on this issue. The section on deed restrictions should follow our
standard language on allowing the Housing Authority to review to
ensure compliance with their guidelines (for school employees).
Preceding message:
From Mary Lackner:
Besides the comment that we should not have CC approve this until
after the BOCC has approved it...do you have any other specific
issues? Is the $150,000 land value cap okay? Is the provision that
affordable housing sites and units can be obtained through this code
amendment? This will be going to CC on 6/26 at first reading. Please
let me know your comments by mid-day Tuesday, as this goes to P&Z
tuesday evening. Thanks
-------========x========-------
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PUBLIC NOTICE
RE: ASPEN SCHOOL DISTRICT AMENDMENTS TO THE TEXT OF THE CITY OF
ASPEN LAND USE CODE REGULATIONS, CHAPTER 24 OF THE ASPEN MUNICIPAL
CODE
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Monday, July 24, 1995 at a meeting to begin at 5:00 p.m. before the
Aspen City Council, Council Chambers, city Hall, 130 s. Galena st.,
Aspen, to consider an application submitted by the Aspen School
District, requesting enactment of a new Division 8 of Article 5 of
Chapter 24 of the Aspen Municipal Code, to be titled "School Land
Dedication Standards". For further information, contact Mary
Lackner at the Aspen/Pitkin community Development Department, 130
S. Galena st., Aspen, CO 920-5106
stJohn Bennett. Mavor
Aspen City Council
Published in the Aspen Times on July 8, 1995
================--================================================
city of Aspen Account
,-".
MEMORANDUM
"VI b
THRU:
Mayor and Council
Amy Margerum, City Manager
TO:
THRU:
stan Clauson, community Development
Directo~
FROM:
Mary Lackner, Planner
RE:
Aspen School District Code Amendment - Establishing Land
Dedication Requirements - 1st Reading
DATE:
June 26, 1995
-----------------------------------------------------------------
-----------------------------------------------------------------
SUMMARY: The Planning Office and Planning and Zoning Commission
recommend approval of the applicant's request.
The applicant is seeking a land use code amendment to enact school
land dedication standards which would apply to all new subdivisions
within the Aspen School District. The city code amendment would
require a land dedication requirement for all newly subdivided
parcels within the City of Aspen.
The applicant has submitted a concurrent application being reviewed
by Pitkin County to enact this legislation within the Aspen and RE-
I school districts.
APPLICANT: Aspen School District.
APPLICANT'S REPRESENTATIVE: Alan Richman, Alan Richman Planning
Services.
PREVIOUS COUNCIL ACTION: None.
BACKGROUND: The Aspen School District has been experiencing a
steady growth of student enrollment during the past five years.
In order to keep up with the increase in student enrollments and
to maintain the existing level of service to students in the
future, the Aspen School District has submitted a Land Use Code
amendment that would enact school land dedication standards within
the Aspen School District boundaries within the City of Aspen.
The Colorado Revised Statues (C.R.S.) provide for express authority
for counties to include provisions in their subdivision regulations
to require reservation or dedication of sites and land area for
schools, or payment of cash-in-lieu of such reservations or
dedications in C.R.S. 30-28-133(4). C.R.S. 29-20-104 also provides
additional authority to local governments to regulate the use of
land to address the impacts of development. (These citations are
noted in the applicant's submission materials in Exhibit f1AfI).
STAFF COMMENTS: Land Use Code amendments are subject to section
1"""'\
--
24-7-1102 of the Aspen Municipal Code. This
in Exhibit "B". staff has also included
regarding the proposed text amendment
understand the applicant's request.
provision is addressed
additional information
to assist Council to
Existing regulations: presently the Aspen Municipal Code addresses
impacts to schools in annexation, rezoning, conditional uses, and
GMQS competition. If a land use application is subject to these
provisions of the Code, and to a lesser extent SPA and PUD
regUlations, a finding can be made that the proposed development
has an adverse effect on the school district and mitigation can be
required. Williams Ranch was subject to paying the school district
approximately $15,000 for school mitigation.
It has been the practice of the Planning Office to refer
subdivision and GMQS competition applications to the school
district for review and comment. On occasion, the Aspen School
District has identified a fee, which has been included as a
condition of approval.
Sohool enrollment: The application indicates that school
enrollment has been increasing at approximately 3% to 8% per year
and this increase is seen in the elementary, middle and high school
levels. Staff has learned from the District that approximately 20%
of student enrollment is out-of-district. These out-of-district
students pay a capital use fee of $350 per student per school year,
with a maximum payment of $750 per family. The School District is
not reimbursed from the other school districts in which these
students reside. Therefore, it should be noted that the increase
in students within the Aspen School ,District is not based solely
on growth within the boundaries of the District and Aspen, but from
growth throughout the Roaring Fork Valley.
The Municipal Code presently provides a park development impact fee
that assess a fee up,on all development that creates additional
bedrooms in residential and lodge uses and creates additional
commercial or office space. The applicant's proposed amendment
does not go as far as the park development impact fee.
Existing Mill Levy for the Aspen Sohool Distriot: All properties
within the Aspen School District are assessed a 10.671 mill levy
property tax that goes to the School District. The following
assessed valued properties (taken from the applicant's application
examples) would be taxed at approximately this level each year,
which accrues directly to the Aspen School District:
Assessed Property
Value
Approximate School
District Tax
$600,000 =
$500,000 =
$175,000 =
$6,402
$5,335
$1,867
2
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.-.,
$115,000 =
$ 75,000 =
$ 40,000 =
$ 18,000 =
$1,227
$ 800
$ 426
$ 192
proposed Code Amendment: The applicant has presented proposed Land
Area per student and students Generated per Dwelling unit formulas
in detail in the application. Staff does not challenge the method
or formulas that were used to justify the proposed land dedication
requirements.
The code amendment proposes a new section to the code and is
included in the Exhibit section.
SUMMARY: The applicant's request will only be applied to new
residential and mixed use subdivisions.
since the AACP has been adopted, the City and county are
encouraging new development to be split 70% affordable housing
units to 30% free market dwelling units. Therefore, it can be
assumed that in the future the majority of newly subdivided lots
will be affordable housing units. These units will not be exempt
from this code amendment, however, their valuation will reflect
their deed restricted status.
staff has some concern that the valuation of lots is proposed to
be capped at $150,000, and therefore the property owners with a
higher valued property only pay based on a $150,000 valuation.
staff will present the average land value of a lot within the city
of Aspen at the meeting. This information is presently being
obtained from the Assessor's records.
City Attorney John Worcester has reviewed the proposed code
amendment and believes it is within the City's jurisdiction to
adopt this land dedication requirement.
RECOMMENDATION: The Planning and Zoning commission and staff
recommend approval of the Text Amendment to assess a land
dedication requirement on all newly subdivided parcels subject to
the language in the attached ordinance.
PROPOSED MOTION: "1 move to have first reading of Ordinance .32..,
Series of 1995."
CITY MANAGER COMMENTS:
3
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1""'..
Exhibits:
ordinance~ series 1995
"A" Application information
"B" Planning staff responses to Code section 24-7-1102
4
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ORDINANCE NO. ~
(SERIES OF 1995)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
AMENDING CHAPTER 24 OF THE MUNICIPAL CODE, LAND USE REGULATIONS
TO ADOPT SCHOOL LAND DEDICATION STANDARDS
BY CREATING A NEW DIVISION OF THE LAND USE CODE
SECTION 24-7-1004 (C) (5)
WHEREAS, Section 24-7-1003 of the Municipal Code provides
that amendments to Chapter 24 of the Code, to wit, "Land Use
Regulations", shall be reviewed and recommended for approval by the
Planning Director and then by the Planning and Zoning commission
at a pUblic hearing, and then approved, approved with conditions,
or disapproved by the city Council at a public hearing; and
WHEREAS, in the last 5 years, the Aspen School District has
experienced growing student enrollments, as follows:
1990:
1991:
1992:
1993:
1994:
988 students
1,080 students
1,125 students
1,160 students
1,197 students
WHEREAS, the Aspen School District has determined that the
capacity of the three schools in the District is as follows:
Elementary:
Middle:
High:
Total:
500-550 students
350-500 students
300-400 students
1,150-1,450 students
WHEREAS, Section 29-20-104 (f) of the Colorado Revised
Statutes provides authority to local governments to plan for and
regulate the impacts of development on the community and
surrounding areas; and
WHEREAS, the Aspen School District has completed an evaluation
of the impacts of new development on the need for land for pUblic
schools and has prepared a formula to calculate these impacts; and
WHEREAS, the formula used by the Aspen School District to
calculate the standards for school land dedication is as follows:
Land area provided per student x students generated per
dwelling unit = land dedication standard.
WHEREAS, the Aspen School District provides 1,039 square feet
of land area per student; and
WHEREAS, the Aspen School District conducted a survey and
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determined the following number of students are generated per
dwelling unit within the District:
studio/1 bedroom:
2 bedroom:
3 bedroom:
4 bedroom:
5 bedroom:
0.05 students
0.40 students
0.68 students
1.04 students
1.19 students
WHEREAS, calculation of the formula results in the following
land dedication standards:
studio/1 bedroom:
2 bedroom:
3 bedroom:
4 bedroom:
5 bedroom:
.0012 acres (52 sq. ft.)
.0095 acres (416 sq. ft.)
.0162 acres (707 sq. ft.)
.0248 acres (1,081 sq. ft.)
.0284 acres (1,236 sq. ft.)
WHEREAS, the Aspen School District submitted an application
to the city of Aspen proposing amendments to the Aspen Land Use
Regulations which would apply these land dedication standards to
new residential subdivisions; and
WHEREAS, on
Commission held
amendments to the
June 20, 1995 the Aspen Planning and Zoning
a public hearing to consider the proposed
Aspen Land Use Regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
section 1:
That a new section 24-7-1004 C.5 of the Aspen Municipal Code be
enacted to read as follows:
Section 24-7-1004 C.S. School Land Dedication Standards
a. Purpose. 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. The purpose
of this Division 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
2
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area provided per student.
b. Applicability. School land dedication standards shall be
assessed upon all new subdivisions within the City of Aspen
which contain residential units.
c. Dedication Schedule.
(1) Land Dedication. School land dedications shall be
assessed according to the following schedule:
unit Type
Land Dedication Standard
Studio/One bedroom
Two bedroom
Three bedroom
Four bedroom
Five or more bedroom
.0012 acres (52 sq. ft.)
.0095 acres (416 sq. ft.)
.0162 acres (707 sq. ft.)
.0248 acres (1,081 sq. ft.)
.0284 acres (1,236 sq. ft.)
(2) Cash-in-Lieu Payment. An applicant may make a cash
payment instead of dedicating land to the city in order
to fulfill the standards of this Section. The amount of
the cash-in-lieu payment shall be calculated by
multiplying the area of the land required to be dedicated
by the current market value of the land to be subdivided.
(a) 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 utilities, but excluding the value of
residential dwelling units and other structures on
the property.
(b) Substantiation. Market value may be substantiated
by a documented purchase price (if an arms length
transaction no more than two years old) or other
mutually agreed upon recognized means.
(c) 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.
(e) Maximum Land Value Per Unit. The other provisions
of this section notwithstanding, in no case shall
the land value used to calculate the amount of the
cash-in-lieu payment exceed $150,000 per dwelling
unit.
(3) Mixed Use Developments. When the proposed subdivision
contains a mix of residential, commercial, and other
3
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uses, the required dedication shall be based on the
number of proposed residential units only.
d. Procedures for Land Dedication and Cash Payment.
(1) Land Dedication. Lands to be dedicated to the city to
fulfill the standards of this Division shall be
identified on the subdivision plat and shall be dedicated
to the city at the time of final plat approval.
(a) Acceptance. Acceptance of the lands to be dedicated
shall be at the discretion of the Aspen City
Council.
(b) criteria. Prior to acceptance, the Council 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 Board shall
also consider the probable impacts on neighboring
properties of the development of the land for school
purposes. When the lands proposed to be dedicated
are not adequate or sui table for school purposes and
cannot feasibly be sold, the Council shall require
a cash payment in-lieu of the land dedication.
(2) 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.
The formula to determine a cash-in-lieu payment is as
follows:
Market value of
standard per unit
cash payment.
land x applicable land dedication
x number of units proposed = amount of
For example, for a property having a market land value
of $100,000 on which one four bedroom house is proposed,
the payment would be:
$100,000 x 0.248 x 1 = $2,480.
e. Use of Land and Use of Funds.
(1) Land. 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
4
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School District shall be responsible for maintenance of
said lands in a reasonable manner while they are being
held by the City.
(2) Funds. All funds collected pursuant to this Division
shall be transferred by the building inspector to the
finance director, for deposit in a designated interest
bearing account.
(a) City Shall Hold Funds. The city shall hold the
funds until such time as they shall be requested by
the Aspen School District for the acquisition of
land for school purposes, or for other capital
outlays or growth-related planning functions for
education purposes, at which time they shall be
released to the Aspen School District.
(b) Deed Restriction. A deed restriction shall be
placed on any land acquired by the School District
for housing, restricting occupancy of the units
solely to employees of the Aspen School District.
f. Periodic Review. In order to ensure that the land dedication
standards which are assessed are fair and represent the
current level of service provided by the Aspen School
District, the dedication schedule shall be reviewed by the
city, together with the School District, and amended as
necessary within three (3) years of its effective date and
every three (3) years thereafter.
section 2:
This Ordinance shall not affect any existing litigation and
shall not operate as an abatement of any action proceeding now
pending under or by virtue of the ordinances repealed or amended
as herein provided, and the same shall be conducted and concluded
under such prior ordinances.
Section 3:
If any section, subsection, sentence, clause, phrase, or
portion of this Ordinance is for any reason held invalid or
unconstitutional in a court of competent jurisdiction, such portion
5
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,-,
shall be deemed a separate, distinct and independent provision and
shall not affect the validity of the remaining portions thereof.
Section 4:
A pUblic hearing on this Ordinance shall be held on the
day of ____, 1995 in the City Council Chambers, Aspen city Hall,
Aspen, Colorado, fifteen (15) days prior to which a hearing of
public notice of the same shall be published in a newspaper of
general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by
the city Council of the City of Aspen on the
day of
1995.
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this
1995.
day of
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
6
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f
MEMORANDUM
TO:
Aspen Planning and Zoning commission
FROM:
Mary Lackner, Planner
RE:
Aspen School District Code Amendment - Establishing Land
Dedication Requirements
DATE:
June 20, 1995
=================================================================
SUMMARY: The applicant is seeking a land use code amendment to
enact school land dedication standards which would apply to all new
subdivisions within the Aspen School District. The city code
amendment would require a land dedication requirement for all newly
subdivided parcels within the City of Aspen.
The applicant has submitted a concurrent application being reviewed
by Pitkin County to enact this legislation within the Aspen and RE-
1 school districts.
APPLICANT: Aspen School District.
APPLICANT'S REPRESENTATIVE: Alan Richman, Alan Richman Planning
Services.
BACKGROUND: The Aspen School District has been experiencing a
steady growth of student enrollment during the past five years.
In order to keep up with the increase in student enrollments and
to maintain the existing level of service to students in the
future, the Aspen School District has submitted a Land Use Code
amendment that would enact school land dedication standards within
the Aspen School District boundaries within the City of Aspen.
The Colorado Revised Statues (C.R.S.) provide for express authority
for counties to include provisions in their subdivision regulations
to require reservation or dedication of sites and land area for
schools, or payment of cash-in-lieu of such reservations or
dedications in C.R.S. 30-28-133(4). C.R.S. 29-20-104 also provides
additional authority to local governments to regulate the use of
land to address the impacts of development. (These citations are
noted in the applicant's submission materials in Exhibit "A").
STAFF COMMENTS: Land Use Code amendments are subject to section
24-7-1102 of the Aspen Municipal Code. This provision requires the
Commission and Council to consider the following:
A.
Whether the proposed amendment is in conflict
with any applicable portions of this chapter.
~
Response: Staff does not find the proposed amendment to be an
conflict with any other portions of this chapter.
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B.
Whether the proposed
with all elements
Comprehensive Plan.
amendment is consistent
of the Aspen Area
Response: The Aspen Area Community Plan does not address the
school district nor their future facilities.
C. Whether the proposed amendment is compatible
with surrounding zone districts and land uses,
considering existing land use and neighborhood
characteristics.
Response: The proposed amendment will be applicable to all newly
created parcels throughout the city. It would be almost impossible
for a new subdivision to be of a significant size that would
require a portion of the property to be dedicated as a school site.
There could be some cases when a new subdivision would warrant the
need to dedicate land for affordable housing for school employees.
All new subdivisions, with the exception of lot splits, would be
reviewed by the Planning commission and City Council along with the
proposed dedication to the school district to determine if a land
dedication would be appropriate in each situation.
D. The effect of the proposed amendment on
traffic generation and road safety.
Response: This proposed legislation does not effect traffic
generation or road safety.
E. Whether and the extent to which the proposed
amendment would result in demands on public
facilities, and whether and the extent to
which the proposed amendment would exceed the
capacity of such public facilities, including
but not limited to transportation facilities,
sewage facilities, water supply, parks,
drainage, schoOls, and emergency medical
facilities.
Response: The proposed amendment is designed to require new
subdivision developers to pay a share of their impact on the local
school system. Staff believes the applicant is addressing this
provision of the Code as it codifies a school land dedication
requirement for all new subdivisions.
F. Whether and the extent to which the proposed
amendment would result in significantlY
adverse impacts on the natural environment.
Response: It is not anticipated that the proposed code amendm~nt
will have any impact on the natural environment.
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G. Whether the proposed amendment is consistent
and compatible with the community character in
the City of Aspen.
Response: Staff does not relate this code amendment to community
character and does not believe this criteria is applicable.
H.
Whether there have been
affecting the subject
surrounding neighborhood
proposed amendment.
changed conditions
parcel or the
which support the
Response: This code amendment does not relate to any specific
parcel or neighborhood. It will be applicable to all new
subdivisions within the City of Aspen.
I. Whether the proposed amendment would be in
conflict with the public interest, and is in
harmony with the purpose and intent of this
chapter.
Response: This amendment is not in conflict with the public
interest or the City of Aspen Municipal Code.
EXISTING REGULATIONS: Presently the Land Use Code addresses
impacts to schools in annexation, rezoning, conditional uses, and
GMQS competition. If a land use application is subject to these
provisions of the code, and to a lesser extent SPA and PUD
regulations, a finding can be made that the proposed development
has an adverse effect on the school district and mitigation can be
required. Williams Ranch was subject to paying the school district
approximately $15,000 for school mitigation.
It has been the practice of the Planning Office to refer
subdivision and GMQS competition applications to the school
district for review and comment. On occasion, the Aspen School
District has identified a fee, which has been included as a
condition of approval.
The application indicates that school enrollment has been
increasing at approximately 3% to 8% per year and this increase is
seen in the elementary, middle and high school levels. Staff has
learned from the District that approximately 20% of student
enrollment is out-of-district. These out-of-district students pay
a capital use fee of $350 per student per school year,with a
maximum payment of $750 per family. The School District is not
reimbursed from the other school districts in which these students
reside. Therefore, it should be noted that the increase in
students within the Aspen School District is not based solelySon
growth within the boundaries of the District and Aspen, but from
growth throughout the Roaring Fork valley.
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The Municipal Code presently provides a park development impact fee
that assess a fee upon all development that creates additional
bedrooms in residential and lodge uses and creates additional
commercial or office space. The applicant's proposed amendment
does not go as far as the park development impact fee.
Existing Mill Levy for the Aspen School District: All properties
within the Aspen School District are assessed a 10.671 mill levy
property tax that goes to the School District. The following
assessed valued properties (taken from the applicant's application
examples) would be taxed at approximately this level each year,
which accrues directly to the Aspen School District:
Assessed Property
Value
Approximate School
District Tax
$600,000 =
$500,000 =
$175,000 =
$115,000 =
$ 75,000 =
$ 40,000 =
$ 18,000 =
$6,402
$5,335
$1,867
$1,227
$ 800
$ 426
$ 192
proposed Code Amendment: The applicant has presented proposed Land
Area per Student and Students Generated per Dwelling unit formulas
in detail in the application. Staff does not challenge the method
or formulas that were used to justify the proposed land dedication
requirements.
The code amendment proposes a new section to the code and is
proposed as follows:
Section 24-7-1004 C.S. School Land Dedication Standards
a.
purpose. 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. The purpose
of this Division 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.
"
b.
Applicability. School land dedication standards shall be
assessed upon all new subdivisions within the City of Aspen
4
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which contain residential units.
c. Dedication Schedule.
(1) Land Dedication. School land dedications shall be
assessed according to the following schedule:
unit Type
Land Dedication Standard
studi%ne bedroom
Two bedroom
Three bedroom
Four bedroom
Five or more bedroom
.0012 acres (52 sq. ft.)
.0095 acres (416 sq. ft.)
.0162 acres (707 sq. ft.)
.0248 acres (1,081 sq. ft.)
.0284 acres (1,236 sq. ft.)
(2) Cash-in-Lieu Payment. An applicant may make a cash
payment instead of dedicating land to the City in order
to fulfill the standards of this section. The amount of
the cash-in-lieu payment shall be calculated by
multiplying the area of the land required to be dedicated
by the current market value of the land to be subdivided.
(a) 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 utilities, but excluding the value of
residential dwelling units and other structures on
the property. .
(b) Substantiation. Market value may be substantiated
by a documented purchase price (if an arms length
transaction no more than two years old) or other
mutually agreed upon recognized means.
(c) Appraisal. In the event the developer and the
County 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.
(e) Maximum Land Value Per unit. The other provisions
of this section notwithstanding, in no case shall
the land value used to calculate the amount of the
cash-in-lieu payment exceed $150,000 per dwelling
unit.
(3) Mixed Use Developments. When the proposed subdivision
contains a mix of residential, commercial, and other
uses, the required dedication shall be based on the
number of proposed residential units only. ·
d. Procedures for Land Dedication and Cash Payment.
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(1) Land Dedication. Lands to be dedicated to the City to
fulfill the standards of this Division shall be
identified on the subdivision plat and shall be dedicated
to the City at the time of final plat approval.
(a)
Acceptance. Acceptance of the
shall be at the discretion
Council.
lands to be dedicated
of the Aspen City
(b) criteria. Prior to acceptance, the Council 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 Board shall
also consider the probable impacts on neighboring
properties of the development of the land for school
purposes. When the lands proposed to be dedicated
are not adequate or suitable for school purposes and
cannot feasibly be sold, the Council shall require
a cash payment in-lieu of the land dedication.
(2) 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.
The formula to determine a cash-in-lieu payment is as
follows:
Market value of
standard per unit
cash payment.
land x applicable land dedication
x number of units proposed = amount of
For example, for a property having a market land value
of $100,000 on which one four bedroom house is proposed,
the payment would be:
$100,000 x 0.248 x 1 = $2,480.
e. Use of Land and Use of Funds.
(1) Land. 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.
6
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(2) Funds. All funds collected pursuant to this Division
shall be transferred by the building inspector to the
finance director, for deposit in a designated interest
bearing account.
(a) City Shall Hold Funds. The City shall hold the
funds until such time as they shall be requested by
the Aspen School District for the acquisition of
land for school purposes, or for other capital
outlays or growth-related planning functions for
education purposes, at which time they shall be
released to the Aspen School District.
(b) Deed Restriction. A deed restriction shall be
placed on any land acquired by the School District
for housing, restricting occupancy of the units
solely to employees of the Aspen School District.
f. Periodic Review. In order to ensure that the land dedication
standards which are assessed are fair and represent the
current level of service provided by the Aspen School
District, the dedication schedule shall be reviewed by the
City, together with the School District, and amended as
necessary within three (3) years of its effective date and
every three (3) years thereafter.
SUMMARY: The applicant I s request will only be applied to new
residential and mixed use subdivisions.
Since the AACP has been adopted, the City and County are
encouraging new development to be split 70% affordable housing
units to 30% free market dwelling units. Therefore, it can be
assumed that in the future the majority of newly subdivided lots
will be affordable housing units. These units will not be exempt
from this code amendment, however, their valuation will reflect
their deed restricted status.
Staff has some concern that the valuation of lots is proposed to
be capped at $150,000, and therefore the property owners with a
higher valued property only pay based on a $150,000 valuation.
staff will present the average land value of a lot within the City
of Aspen at the meeting. This information is presently being
obtained from the Assessor's records.
City Attorney John Worcester has reviewed the proposed code
amendment and believes it is within the City's jurisdiction to
adopt this land dedication requirement.
RECOMMENDATION: The Planning Office recommends that the Planning
and Zoning Commission recommend approval of the applicant's code
amendment.
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Exhibits
"A" - Application
"B" - Proposed Ordinance
4r
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Exhibit B
PROPOSED ORDINANCE 'OF THE ASPEN CITY COUNCIL
ADOPTING SCHOOL LAND DEDICATION STANDARDS
WHEREAS, in the last 5 years, the Aspen School District has
experienced growing student enrollments, as follows:
1990:
1991:
1992:
1993:
1994:
988 students
1,080 students
1,125 students
1,160 students
1,197 students
(
WHEREAS, the Aspen School District has determined that the capacity
of the three schools in the District is as follows:
Elementary:
Middle:
High:
Total:
500-550 students
350-500 students
300-400 students
1,150-1,450 students
WHEREAS, Section 29-20-104 (f) of the Colorado Revised Statutes
provides authority to local governments to plan for and regulate
the impacts of development on the community and surrounding areas.
WHEREAS, the Aspen School District has completed an evaluation of
the impacts of new development on the need for land for public
schools and has prepared a formula to calculate these impacts.
WHEREAS, the formula used by the Aspen School District to calculate
the standards for school land dedication is as follows:
Land area provided per student x students generated per
dwelling unit = land dedication standard.
WHEREAS, the Aspen School District provides 1,039 square feet of
land area per student.
WHEREAS, the Aspen School District conducted
determined the following number of students are
dwelling unit within the District:
studio/1 bedroom:
2 bedroom:
3 bedroom:
4 bedroom:
5 bedroom:
a survey and
generated per
0.05 students
0.40 students
0.68 students
1.04 students
1.19 students
WHEREAS, calculation of the formula results in the following land
dedication standards:
studio/1 bedroom:
2 bedroom:
3 bedroom:
4 bedroom:
..
.0012 acres (52 sq. ft.)
.0095 acres (416 sq. ft.)
.0162 acres (707 sq. ft.)
.0248 acres (1,081 sq. ft.)
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5 bedroom:
.0284 acres (1,236 sq. ft.)
WHEREAS, the Aspen School District submitted an application to the
City of Aspen proposing amendments to the Aspen Land Use
Regulations which would apply these land dedication standards to
new residential subdivisions.
WHEREAS, on June 20, 1995 the Aspen Planning and Zoning Commission
held a public hearing to consider the proposed amendments to the
Aspen Land Use Regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
That a new Section 24-7-1004 C.5 of the Aspen Municipal Code be
enacted to read as follows:
section 24-7-1004 0..5. School Land Dedication Standards
a. Purpose. 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. The purpose
of this Division 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.
b. Applicability. School land dedication standards shall be
assessed upon all new subdivisions within the city of Aspen
which contain residential units.
c. Dedication Schedule.
, (1) Land Dedication. School land dedications shall be
assessed according to the following schedule:
Unit Type
StUdi%ne bedroom
Two bedroom
Three bedroom
Four bedroom
Five or more bedroom
Land Dedication Standard
.0012 acres (52 sq. ft.)
.0095 acres (416 sq. ft.)
.0162 acres (707 sq. ft.)
.0248 acres (1,081 sq. ft.)
.0284 acres (1,236 sq. ft.)
"
(2) cash-in-Lieu Payment. An applicant may make a cash
payment instead of dedicating land to the City in order
to fulfill the standards of this section. The amount of
the cash-in-lieu payment shall be calculated by
r--,
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multiplying the area of the land required to be dedicated
by the current market value of the land to be subdivided.
(a) 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 utilities, but excluding the value of
residential dwelling units and other structures on
the property.
(b) Substantiation. Market value may be substantiated
by a documented purchase price (if an arms length
transaction no more than two years old) or other
mutually agreed upon recognized means.
(c) Appraisal. In the event the developer and the
county 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.
(e) Maximum Land Value Per Unit. The other provisions
of this section notwithstanding, in no case shall
the land value used to calculate the amount of the
cash-in-lieu payment exceed $150,000 per dwelling
unit.
(3) Mixed Use Developments. When the proposed subdivision
contains a mix of residential, commercial, and other
uses, the required dedication shall be based on the
number of proposed residential units only.
d. Procedures for Land Dedication and Cash Payment.
(1) Land Dedication. Lands to be dedicated to the city to
fulfill the standards of this Division shall be
identified on the subdivision plat and shall be dedicated
to the City at the time of final plat approval.
(a) Acceptance. Acceptance of the lands to be dedicated
shall be at the discretion of the Aspen city
council.
(b) Criteria. Prior to acceptance, the Council 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 Board s~ll
also consider the probable impacts on neighboring
properties of the development of the land for school
purposes. When the lands proposed to be dedicated
are not adequate or suitable for school purposes and
,I"';
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cannot feasibly be sold, the Council shall require
a cash payment in-lieu of the land dedication.
(2) 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.
The formula to determine a cash-in-lieu payment is as
follows:
Market value of
standard per unit
cash payment.
land x applicable land dedication
x number of units proposed = amount of
For example, for a property having a market land value
of $100,000 on which one four bedroom house is proposed,
the payment would be:
$100,000 x 0.248 x 1 = $2,480.
e. Use of Land and Use of Funds.
(1) Land. 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.
(2) Funds. All funds collected pursuant to this Division
shall be transferred by the building inspector to the
finance 'director, for deposit in a designated interest
bearing account.
(a) city Shall Hold Funds. The City shall hold the
funds until such time as they shall be requested by
the, Aspen School District for the acquisition of
land for school purposes, or for other capital
outlays or growth-related planning functions for
education purposes, at which time they shall be
released to the Aspen School District.
(b) Deed Restriction. A deed restriction shall be
placed on any land acquired by the School District
for housing, restricting occupancy of the units
solely to employees of the Aspen School District.
f. Periodic Review. In order to ensure that the land dedicat~on
standards which are assessed are fair and represent the
current level of service provided by the Aspen School
District, the dedication schedule shall be reviewed by the
City, together with the School District, and amended as
-"-,:"""-,-,-"":":.,-"",,,,^,,,,,,.,-
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necessary within three (3) years of its effective date and
every three (3) years thereafter.
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MESSAGE DISPLAY
TO Mary Lackner
From: John Worcester
Postmark: May 01,95 11:51 AM
Status: Previously read
Subject: Forwarded: School dedication fee
---------------------------------------------------------------------------~--
Comments:
From John Worcester:
I almost forgot. I still don't know if a school dedication fee is
legal. TWO courts in the last year have indicated that the state
legislature has preempted all school financing and countys can't
impose a school impact fee to boost that financing. I'm still
trying to run down these cases to see what application they have.
Message:
From John Worcester:
The only comment is at the very end. city should hold land or cash
only as long as the City wants to and not necessarily until the
School District asks for it. city shouldn't be required to account
for the money. It might be easier simply to turn it over to them as
we get it.
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ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone 920-5090 FAX 920-5439
MEMORANDUM
TO:
FROM:
City AttoOley I
f>~IL~ lX{'h
Mary Lackner, Planner
Aspen School District Text Amendments
Parcel ID No.
RE:
DATE:
April 11, 1995
Attached for YOUT review and comments is an application submitted by the Aspen School
District.
Please return your comments to me no later than April 28
Thank you.
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ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 S. Galena Street
Aspen, Colorado 81611
(303) 920-5090 FAX# (303) 920-5439
April 6, 1995
Alan Richman
Box 3613
Aspen, CO 81612
Re: Aspen School District Code Amendments
Case A36-95 & P44-95
Dear Alan,
The Community Development Department has completed its preliminary review of the captioned
application. We have determined that this application is complete.
We have scheduled this application for review by the Aspen Planning and Zoning Commission
at a Public Hearing to be held on Tuesday, May 16, 1995 at a meeting to begin at 4:30 p,m.
1st Reading before the Aspen City Council is scheduled on Monday, June 12, 1995 at a meeting
to begin at 5:00 p.m. Second Reading and Public Hearing will be on July 10, 1995.
This application has been scheduled for review by the Pitkin County Planning and Zoning
Commission on Tuesday, May 2, 1995 at a meeting to begin at 4:00 p.m. 1st Reading before
the Board of County Commissioners is scheduled on Wednesday, June 14, 1995 at a meeting
to begin at 5:00 P.M. Second Reading and Public Hearing will be on July 12, 1995.
Should these dates be inconvenient for you please contact me within 3 working days of the date
of this letter. After that the agenda dates will be considered final and changes to the schedule
or tabling of the application will only be allowed for unavoidable technical problems. The
Friday before the meeting dates, we will call to inform you that a copy of the memo pertaining
to the application is available at the Community Development Department.
If you have any questions, please call Mary Lackner the planner assigned to your case, at 920-
5106.
Sincerely,
)i4j-"iV-.
Suzanne L. Wolff
Administrative Assistant
apz.ph
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PUBLIC NOTICE
RE: ASPEN SCHOOL DISTRICT AMENDMENTS TO THE TEXT OF THE CITY OF
ASPEN LAND USE CODE REGULATIONS, CHAPTER 24 OF THE ASPEN MUNICIPAL
CODE
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, May 16, 1995 at a meeting to begin at 4:30 p.m. before the
Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, City
Hall, 130 S. Galena st., Aspen, to.. consider an application
submitted by the Aspen School District/requesting enactment of a
new Division 8 of Article 5 of Chapter 24 of the Aspen Municipal
Code, to be titled "School Land Dedication Standards". For further
information, contact Mary Lackner at the Aspen/Pitkin community
Development Department, 130 S. Galena st., Aspen, CO 920-5106
s/Bruce Kerr. Chairman
Aspen Planning and Zoning commission
Published in the Aspen Times on April 29, 1995
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City of Aspen Account
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ASPEN
School District
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March 14, 1995
Mr. Stan Clauson, City Planning Director
Ms. Suzanne Konchan, County Planning Director
AspenlPitkin County Community Development Department
130 So. Galena St.
Aspen, CO 81611
RE: CODE AMENDMENT ENACTING SCHOOL LAND DEDICATION STANDARDS
Dear Stan and Suzanne:
I hereby authorize Alan Richman Planning Services to represent the Aspen School District
with regard to proposed amendments to the Aspen and Pitkin County land use codes to enact
. school land dedication standards,
Alan Richman is authorized to act on our behalf with respect to all matters pertaining to the
submission and processing of this development application and to represent us in meetings
with City and County of Aspen staff, the City and County planning commissions. the Aspen
City Council and the Board of County Commissioners,
Should you have any need to contact us during the course of your review of this application,
please do so through Alan's office. His address and phone number are contained in our
accompanying letter of application,
Thank you for your assistance with this project.
Sincerely.
;:- +~
Tom Farrell
Superintendent
/vd
0235 High School Road . Aspen. Colorado 81611
303/925-3460 . Fax 303/925-5721
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