HomeMy WebLinkAboutresolution.apz.023-06
RESOLUTION NO. 023
(Series 2006)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION
RECOMMENDING REPEAL AND REINSTATEMENT OF TITLE 26, PART 600,
IMPACT FEES AND DEDICATIONS, OF THE CITY OF ASPEN MUNICIPAL CODE.
WHEREAS, new development imposes increased demands on City facilities and
infrastructure needed to provide necessary public services; and,
WHEREAS, City staff has provided an update, through a consultant, to the previous fee
study ofthe Park Dedication Impact Fee and the School Lands Dedication which shows the level
of fees needed to generate sufficient funds to provide capital facilities and infrastructure to serve
new development; and,
WHEREAS, the City projects new development to continue which will place ever-
increasing demands on the City to provide capital facilities and infrastructure to serve new
development; and,
WHEREAS, to the extent that new development places demands upon capital facilities
and infrastructure, those demands should be satisfied by shifting the responsibility for financing
such capital facilities and infrastructure from the public to the development creating the
demands; and,
WHEREAS, impact fees and dedications collected pursuant to Title 26, Part 600, Impact
Frees and Dedications, of the Aspen Land Use Code may not be used to cure existing
deficiencies in capital facilities and infrastructure; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the
text amendments under the applicable provisions of the Municipal Code as listed under Land Use
Code Section 26.310.040, Standards of Review; and,
WHEREAS, the Aspen Planning and Zoning Commission during a duly noticed public
hearing on June 13,2006, as required by Section 26.310.020, Procedure for amendment, approved
Resolution No~Series of 2006, by aSi.J(to ~U-JJ) vote, approving the recommended repeal
and reinstatement to the above reftnlnced title and part of the Land Use Code, and
recommending that City Council approve the proposed amendments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND
ZONING COMMISSION AS FOLLOWS:
Pursuant to the procedures and standards set forth in Chapter 26.310 of the City of Aspen Municipal
Code, the Planning and Zoning Commission hereby approves the Code Amendment sections
initiated by the Community Development Department as outlined below:
Section 1:
Chapter 26.610, Park Development Impact Fee, of the Municipal Code, which chapter sets forth
how an impact fee is assessed towards new development, is hereby recommended to be repealed
in full and reinstated to read as follows:
Sections:
26.610.010
26.610.020
26.610.030
26.610.040
26.610.050
26.610.060
26.610.070
26.610.080
26.610.090
26.610.100
26.610.110
Chapter 26.610
IMPACT FEES
Purpose and intent.
Applicability.
Exemptions.
Definitions.
Imposition, calculation and collection of fees/charges.
Impact fee accounts.
Use of impact fee proceeds.
Credits.
Current impact fees.
Waiver offees.
Appeals.
26.610.010. Purpose and intent.
This chapter is enacted for the purpose of implementing the City's plans for capital facilities by
requiring that new development pay for its fair share of such facilities through the imposition of
impact fees that will be used to finance, defray, or reimburse all or a portion of the costs incurred
by the City to serve new development.
26.610.020 Applicability.
Unless expressly exempted, the Park Development Impact Fee, Transportation Demand
Management (TDM)/Air Quality Impact Fee, and Storm Drainage Impact Fee shall be assessed
upon all development within the City of Aspen which contains new residential units, net leasable
space, or new impervious surface area.
26.610.030 Exemptions.
This chapter does not apply to:
A. Development involving a property listed on the Aspen Inventory of Historic Landmark
Sites and Structures. This exemption is only for a historic structure and its accessory
structures.
B. Alteration, expansion, or replacement of a structure which does not create additional
bedrooms, net leasable space, or impervious surface area.
26.610.040 Definitions.
When used in this chapter, the following words, terms, and phrases, and their derivations, shall
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have the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
A. Capital facilities means land, structures or equipment for purposes of parks and
recreation, transportation demand management, air quality, and storm drainage. "Capital
facilities" also includes design, engineering, inspection, testing, planning, legal review, land
acquisition, and all other costs associated with the construction or purchase of land,
structures or equipment.
B. Collection means the point at which the impact fee/charge is actually paid to the City.
C. New development or development project means any project undertaken for the purpose
of development, including without limitation, a project involving the issuance of a permit for
construction, reconstruction, or change of use, but not a project involving the issuance of a
permit to operate or to remodel, rehabilitate, reconstruct or improve an existing structure,
which does not change the number of bedrooms, amount of net leasable space, amount of
impervious surface area, density or intensity of use.
D. Dwelling Unit means a separately enterable room or combination of rooms which contain
a kitchen and bathroom and which are designed for or used as an individual residence.
E. Impact fee means a monetary exaction imposed by the City pursuant to this chapter as a
condition of or in connection with approval of a development project for the purpose of
defraying all or some of the City's cost for capital facilities associated with that development
project.
F. Impose means to determine that a particular development project IS subject to the
collection of impact fees as a condition of development approval.
G. Nonresidential development project means all development other than residential
development projects.
H. Residential development project means any development undertaken to create a new
dwelling unit or add one or more additional bedrooms to an existing dwelling unit.
1. Building permit means any City permit that involves vertical construction, increases the
number of bedrooms, net leasable square footage, and/or changes to land use.
J. Hotel (a.k.a. Lodge). A building or parcel containing individual units used for overnight
lodging by the general public on a short-term basis for a fee, with or without kitchens within
individual units, with or without meals provided, and which has common reservation and
cleaning services, combined utilities, and on-site management and reception services.
Timeshare (a.k.a. fractional) units and timeshare developments are considered Hotels for the
purposes of the Land Use Code. For Hotels with flexible unit configurations, also known as
"lock-off units," each rentable division, or "key", shall constitute a Lodge unit for the
purposes of this Title.
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Unless otherwise approved pursuant to Chapter 26.590 - Timeshare Development,
occupancy periods of a Hotel, or unit thereof, by anyone person or entity with an ownership
interest in the Hotel, or unit thereof, shall not exceed 30 consecutive days or exceed 90 days
within any calendar year, regardless of the form of ownership. Occupancy periods for
persons or entities with no ownership interest (e.g. vacationers) shall be limited only by the
90-days per calendar year requirement.
Residential properties, and units thereon, located within zone districts permitting Lodge use
shall be permitted, but not required, to operate as a Lodge. The occupancy period limitations
shall not apply to residential properties (single-family, duplex, and multi-family) located
within lodging zone districts regardless of whether the residential units are used for short-
term occupancies.
26.610.050 Imposition, ca1cnlation and collection offees/charges.
A. Imposition. Except as provided in this chapter and any amendment to this chapter, the
City may impose impact fees as a condition of approval of all new development projects.
B. Updated Annually. The base amount of each impact fee for each type of development
project may be calculated annually and adopted by City Council ordinance. The City may
choose to update its fee schedule based on the change in the Engineering News Record
inflation index that occurs between annual updates.
C. Collection. Impact fees shall be collected by the Building Department at the time and as a
condition for issuance of a building permit.
26.610.060 Impact fee accounts.
A. Individual Accounts. The City shall establish an impact fee account for each type of
capital facility for which an impact fee is imposed. The impact fees collected shall be
deposited in each such account according to type of improvement. The funds of the account
shall not be commingled with other funds of the City.
B. Interest Bearing. Each impact fee account shall be interest-bearing, and the accumulated
interest shall become part of the account.
26.610.070 Use of impact fee proceeds.
Impact fees may be expended only for the type of capital facilities for which they were imposed,
calculated, and collected and according to procedures established in this chapter. Impact fees
may be used to pay the principal, interest, and other costs of bonds, notes, and other obligations
issued or undertaken by or on behalf of the City to finance such improvements.
26.610.080 Credits.
A. A property owner who dedicates land or improvements or agrees to participate in an
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improvement district or otherwise contributes funds for capital facilities as defined in this
chapter may be eligible for a credit for such contribution against the impact fee paid.
I. The City Engineer shall determine:
a. The value ofthe developer contribution;
b. Whether the contribution meets capital facilities needs for which the particular
impact fee has been imposed; and
c. Whether the contribution will substitute or otherwise reduce the need for capital
facilities anticipated to be provided with impact fee funds.
In no event, however, shall the credit exceed the amount of the applicable impact fee.
B. When additional residential bedrooms, hotel bedrooms, net leasable space, or impervious
surface area are proposed, either individually or in combination, a credit for the existing
bedrooms, net leasable space, or impervious surface area shall be credited towards the
development.
C. Any application for credit must be submitted on forms provided by the City before
development project approval. The application shall contain a declaration under oath of
those facts which qualify the property owner for the credit, accompanied by the relevant
documentary evidence.
26.610.090 Current impact fees.
Impact fees are hereby established as follows:
Table 610.1, Im act Fee Schedule
ParksJ)evelll .mentFee:
Residential and Hotel (studio)
Residential and Hotel ( er bedroom)
Nonresidential (per net leasable s . ft.
TDMlAit uall
Residential and Hotel (studio)
Residential and Hotel er bedroom)
Nonresidential (per net leasable s
StormDraill.lI eFee:
Per im ervious square foot*
Notes:
* Impervious surface area includes, besides a structure, such improvements as asphalt parking
lots and cement or stone walkways.
$3,543.20
$4,429
$4.10
$398.40
$498
$0.46
$0.92
26.610.100 Waiver offees.
Whenever the City Council determines that any part of a proposed development constitutes and
affordable housing development and wishes to subsidize the construction, the City Council may
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exempt that part of the development from the application of the impact fees, or may reduce by
any amount the fees imposed by this chapter. As an economic development incentive, a lodging
development may apply for a waiver of the impact fees. Impact fees for Essential Public
Facilities, as defined by this titie, may be waived by the City Council.
26.610.110 Appeals.
A. Prior to issuance of a building permit, the applicant may challenge the imposition of a fee
imposed pursuant to this chapter by filing with the Community Development Director a written
notice of appeal with a full statement of the grounds and an appeal fee as may be fixed from time
to time by ordinance by the City Council. The City may continue processing the building permit
application if the notice of appeal is accompanied with a bond or other security in an amount
equal to the challenged/unpaid portion of the impact fee/charge.
B. The Community Development Director shall schedule a hearing at a regular City Council
meeting and shall mail notice of the hearing to the appellant at the address given in the notice of
appeal. The hearing shall be conducted at the time and place stated in the notice. The
determination ofthe City Council shall be final.
Section 2:
Chapter 26.630, School Lands Dedication of the Municipal Code, which chapter sets forth how
the School Lands Dedication is assessed for new development, is hereby repealed in full and
reinstated to read as follows:
Sections:
26.620.010
26.620.020
26.620.030
26.620.040
26.620.050
26.620.060
26.620.070
26.620.080
Chapter 26.620
SCHOOL LAND DEDICATION
Purpose and intent.
Applicability.
Exemptions.
Definitions.
Imposition, calculation and collection of fees/charges.
Procedures for Land Dedication and/or Cash Payment.
Current Land Dedication or Cash in lieu fees.
Appeals.
26.620.010. Purpose and intent.
The Aspen School District requires land for necessary school functions, which may include, but
is not limited to, school buildings, support facilities, open space and recreation areas and housing
for employees and their immediate families. The purpose of this provision 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
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current level of service standard within the Aspen School District for land area provided per
student.
26.620.020 Applicability.
Unless expressly exempted, the School Land Dedication standard shall be assessed upon all
development within the City of Aspen which contains residential units.
26.620.030 Exemptions.
Any development considered nonresidential development, as defined by this chapter, is exempt
from the School Land Dedication.
26.620.040 Definitions.
When used in this chapter, the following words, terms, and phrases, and their derivations, shall
have the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
A. Capital facilities means land, structures or equipment for purposes of school functions,
which may include, but is not limited to, school buildings, support facilities, open space, and
re creation areas and housing for employees and their immediate families. "Capital facilities"
also includes design, engineering, inspection, testing, planning, legal review, land
acquisition, and all other costs associated with the construction or purchase of land,
structures or equipment.
B. Collection means the point at which land or a cash payment in-lieu is actually paid to the
City.
C. New development or development project means any project undertaken for the purpose
of development, including without limitation, a project involving the issuance of a permit for
construction, reconstruction, or change of use, but not a project involving the issuance of a
permit to operate or to remodel, rehabilitate, reconstruct or improve an existing structure,
which does not change the number of bedrooms or amount of net leasable space.
D. Dwelling unit means a separately enterable room or combination of rooms which contain
a kitchen and bathroom and which are designed for or used as an individual residence.
E. Land dedication means a land exaction imposed by the City pursuant to this chapter as a
condition of or in connection with approval of a development project for the purpose of
defraying all or some of the Aspen School District's cost for capital facilities associated with
that development project.
F. Impose means to determine that a particular development project IS subject to the
collection of a land dedication as a condition of development approval.
G. Nonresidential development project means all development other than residential
development.
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H. Residential development project means any development undertaken to create a new
dwelling unit or add one or more additional bedrooms to an existing dwelling unit, excluding
lodge, hotel, or motel units.
1. Building permit means any City permit that involves vertical construction which creates
or increases tl'1e number of bedrooms, and/or changes to land use to residential development.
J. Hotel (a.k.a. Lodge). A building or parcel containing individual units used for overnight
lodging by the general public on a short-term basis for a fee, with or without kitchens within
individual units, with or without meals provided, and which has common reservation and
cleaning services, combined utilities, and on-site management and reception services.
Timeshare (a.k.a. fractional) units and timeshare developments are considered Hotels for the
purposes of the Land Use Code. For Hotels with flexible unit configurations, also known as
"lock-off units," each rentable division, or "key", shall constitute a Lodge unit for the
purposes of this Title.
Unless otherwise approved pursuant to Chapter 26.590 - Timeshare Development,
occupancy periods of a Hotel, or unit thereof, by anyone person or entity with an ownership
interest in the Hotel, or unit thereof, shall not exceed 30 consecutive days or exceed 90 days
within any calendar year, regardless of the form of ownership. Occupancy periods for
persons or entities with no ownership interest (e.g. vacationers) shall be limited only by the
90-days per calendar year requirement.
Residential properties, and units thereon, located within zone districts permitting Lodge use
shall be permitted, but not required, to operate as a Lodge. The occupancy period limitations
shall not apply to residential properties (single-family, duplex, and multi-family) located
within lodging zone districts regardless of whether the residential units are used for short-
term occupancies.
26.620.050 Imposition, calculatiou and collection of dedications.
A. Imposition. Except as provided in this chapter and any amendment to this chapter, the
City may impose a school land dedication as a condition of approval of all new development
proj ects. 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.
B. Collection. Land dedications shall be finalized and completed prior building permit
application. A cash payment in-lieu; however, shall be collected by the Building Department
at the time and as a condition for issuance of a building permit.
1. Funds. All funds collected pursuant to this division shall be transferred by the
Community Development Director 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 be used exclusively for the purposes specified herein.
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2. City Shall Transfer Funds to School District. Funds collected pursuant to this division
shall be remitted 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.
3. 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.
4. 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 restriction on those housing units, restricting their occupancy 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.
C. Updated Annually. The base amount of the land dedication imposed may be calculated
annually and adopted by City Council ordinance.
26.620.060 Procedures for Land Dedication and/or Cash Payment.
A. Land Dedication. Lands to be dedicated to the City to fulfill the standards of this chapter
shall be identified on the subdivision plat and shall be dedicated to the City at the time of
final plat approval.
I. Acceptance. Acceptance of the lands to be dedicated shall be at the discretion of the
Aspen City Council.
2. 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.
B. 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.
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26.620.070 Current Land Dedication and Cash in-lieu fees.
A. The current land area per student equals 896 square feet or .021 acres. Table 620.1
provides the student generation rates as follows:
Table 620.1, Student Generation Rates
i< > ...........iiii...... i> Tota.1No.<iCStiljlentilGeJJ.el'ated'
Studio 0.049
I bedroom 0.062
2 bedroom O. I I 5
3 bedroom 0.3 I 0
4 or more bedrooms 0.452
B. Cash Payment-in-Lieu. 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 chapter. The formula to determine the amount of cash-in-lieu
payment for each residential dwelling unit is as follows in the sample land dedication:
Fi re 620.1, School Land Dedication Example
Bedrooms
2 bedroom (new)
4 bedroom (1 bedroom added)
(4 bedroom Student Generation Rate minus 3 bedroom
Student Generation Rate)
0.115
0.142
0.257
Land'DedicationCalculation
Land Area per Student Standard (acres)
multiplied by
Total Students Generated (from above calculation)
equals
Total Acres to be Dedicated
0.021
0.257
0.005397
Where a developer would prefer to make a cash payment in-lieu of a land
dedication (assuming a total land value of $2,500,000.00 for the new house
and addition), the following calculation would be used to determine the cash
payment in-lieu.
VA = Market value of land proposed for subdivision
Multiplied by
STAND = Land dedication standard
$2,500,000 x 0.005397 = $13,492.50
1. 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.
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When more than one (I) residential dwelling unit is to be built on a lot, then each unit
shall be assigned its proportionate share ofthe current market value of the lot.
2. Substantiation. Market value may be substantiated by a documented purchase price (if
an arms length transaction no more than two (2) years old) or other mutually agreed upon
recognized means.
3. 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.
C. 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.
26.620.80
Appeals.
A. Prior to issuance of a building permit, the applicant may challenge the imposition of a fee
imposed pursuant to this chapter by filing with the Community Development Director a
written notice of appeal with a full statement of the grounds and an appeal fee as may be
fixed from time to time by ordinance by the City Council. The City may continue processing
the building permit application if the notice of appeal is accompanied with a bond or other
security in an amount equal to the challenged/unpaid portion of the impact fee/charge.
B. The Community Development Director shall schedule a hearing at a regular City Council
meeting and shall mail notice of the hearing to the appellant at the address given in the notice
of appeal. The hearing shall be conducted at the time and place stated in the notice. The
determination of the City Council shall be final.
Section 3:
This resolution shall not affect any existing litigation and shall not operate as an abatement of any
action or 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 Resolution 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:
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before
the Planhing and Zoning Commission, are hereby incorporated in such plan development approvals
and the same shall be complied with as if fully set forth herein, unless amended by an authorized
entity.
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APPROVED by the Commission at its meeting on June 13, 2006.
APPROVED AS TO FORM:
PLANNING AND ZONING
~MISSION:
Jas~~fe~
ATTEST:
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