HomeMy WebLinkAboutordinance.council.043-84 RECORD OF PROCEEDINGS 100 Leaves
O INANCE NO.
(Series of 1'984)
AN ORDINANCE RE-ESTABLISHING THE LAND USE APPLICATION FEES CHARGED
BY THE ASPEN/PITKIN PLANNING OFFICE AND REPEALING ORDINANCE NO. 82
(SERIES OF 1981), ORDINANCE NO. 67 (SERIES OF 1982), AND ORDINANCE
NO. 71 (SERIES OF 1983), TO THE EXTENT SAID ORDINANCES ARE INCON-
SISTENT WITH THE FEES AND PROCEDURES ESTABLISHED HEREIN
WHEREAS, the Aspen City Council has adopted a policy of annu-
ally reviewing the Planning Office's land use application fee
structure to bring it more into line with the increasing costs of
service provision; and
WHEREAS, the City Council has determined that the current fee
structure for the processing of land use applications, which is
contained in Ordinance No. 71, Series of 1983, accurately reflects
the current costs of providing the necessary level of services
associated with the City's Code Administration function and there-
fore desires to re-adopt said fees; and
WHEREAS, the various land use applications which may be sub-
mitted to the Planning Office, based on various provisions of the
City's subdivision and zoning regulations, can be categorized into
the following review processes:
I. GMP/Subdivision/PUD
1. Conceptual Submission
2. Preliminary Plat
3. Final Plat
II. Subdivision/PUD
1. Conceptual Submission
2. Preliminary Plat
3. Final Plat
III. Exception/Exemption/Rezoning
IV. Special Review
and
WHEREAS, the Planning Office has determined the total cost of
the City's Code Administration function, which includes the cost
RECORD OF PROCEEDINGS 100 Leaves
of processing land use applications, responding to routine public
inquiry, and initiating minor code amendments; and
WHEREAS, the City Council has determined that a BASE FEE
should be established for each type of review process which, when
considered in relation to the number of applications expected
during the forthcoming year, will have the effect of offsetting
100 percent of the total cost of the Code Administration function;
and
WHEREAS, pursuant to Ordinance No. 67, Series of 1982, City
Council provided for ADDITIONAL BILLINGS to cover the additional
costs incurred by the City when the processing of a land use
application by the Planning Office takes more time than is covered
in the base fee structure and desires to re-establish said bill-
ings as set forth below and to repeal the provisions of Ordinance
No. 82 (Series of 1981), Ordinance No. 67 (Series of 1982), and
Ordinance NO. 71 (Series of 1983) to the extent the procedures
thereof are inconsistent with this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That the categories of review processes, base fees and Plan-
ning Office average time requirements for the processing of land
use applications are established as follows:
Planning Office
~tegory Hours Base Fee
I. GMP/Subdivision/PUD
1. Conceptual Submission 20 $2,730.00
2. Preliminary Plat 12 $1,640.00
3. Final Plat 6 $ 820.00
II. Subdivision/PUD
1. Conceptual Submission 14 $1,900.00
2. Preliminary Plat 9 $1,220.00
3. Final Plat 6 $ 820.00
RECORD OF PROCEEDINGS 100 Leaves
III. Exception/Exemption/Rezoning 11 $1,490.00
IV. Special Review 5 $ 680.00
Sectipn 2
That the Planning Office staff be required to keep an accu-
rate record of the actual time required for the processing of each
land use application and that ADDITIONAL BILLINGS will occur com-
mensurate with the additional costs incurred by the City when the
processing of an application takes more time than is covered by
the BASE FEE. In the event the processing of an application takes
less time than provided for in Section 1, the Planning Office
shall refund the unused portion of the Base Fee.
Section 3
That the following guidelines for the administration of the
fee structure hereinabove are established.
(1) Fees charged for the processing of applications which
fall into more than one category will be cumulative, while the
fees charged for the processing of applications within the same
category will not be cumulative; and
(2) ADDITIONAL BILLINGS will be based solely on processing
time spent by members of the Planning Office in the processing of
an application; and
(3) ADDITIONAL BILLINGS will be computed at the rate of
$85.00 per hour of additional Planning Office staff time required;
while refunds of unused hours will be made at the rate of $140.00
per hour of time.
(4) The Planning Office shall establish appropriate guide-
lines for the collection of ADDITIONAL BILLINGS as required; and
(5) This fee structure shall be reviewed annually in Decem-
ber of each year and adjusted appropriately, such adjustments to
take effect on January 1.
RECORD OF PROCEEDINGS ~00 Leaves
Sectign. 4
This ordinance and the re-established fees set forth
hereinabove shall take effect on Janaury 1, 3985.
Section 5
It is the intent of this Ordinance that the fees and pro- ;
cedures set forth herein shall supercede the provisions of Ordin-
ance No. 82 (Series of 1981), Ordinance NO. 67 (Series of 1982)
and Ordinance No. 71 (Series of 1983). Therefore, Ordinance No.
82 (Series of 1981), Ordinance No. 67 (Series of 1982), and Ordin-
ance No. 71 (Series of 1983), are hereby repealed to the extent
that they are inconsistent with the provisions of this Ordinance.~
Section 6
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall ~ deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 7
/
A public hearing on the ordinance shall be held on the /5
day of ~{L~ .., 198~, at 5:00 p.m. in the
City Council~hambers,~spen City Hail, Aspen, Colorado.
INTRODUCED, READ AND ORDERED published as provided by law by
the City Council of the City of Aspen on the /~. day of
William L,' ~
ATTEST. ~
Kathryn S.~KOch, City Clerk'
4
RECORD OFPROCEEDINGS 100Leaves
FINALLY adopted, passed and approved this /~ day of
,198~'.
William L.
Kathryn S~ Koch, City Clerk
5
RECORD OF PROCEEDINGS 100 Leaves
STATE OF COLORADO CERTIFI~TE
COUNTY OF PITKIN
I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby
certify that the above and foregoing ordinance was introduced,
read in full, and passed on first reading at a regular meeting of
the City Counc~ of the City of Aspen on ---- .....~
198~, and published in the Aspen Times, a weekly newspaper of
general circulation published in the City of Aspen,Colorado, in
adopted and approved at a regular meeting of the City Council on
i~~''~''~ ~.~. , /~L , 1985, and ordered published as
Ord . , Series of 198~, of said City as provided
IN WITNESS WHEREOF, I have hereunto set ~ hand and the ~al
of said City of Aspen, Colorado this __~_~ ...... day of
1985.
- K~ch, City Clerk
S E A L