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HomeMy WebLinkAboutordinance.council.032-95 ~:a ,~.. ~e,. \'\ '<, ,.. :~. ORDINANCE NO. 32 (SERIES OF 1995) AN ORDINANCE OF THE AMENDING CHAPTER 24 TO ADOPT BY CREATING CITY COUNCIL OF THE CITY OF ASPEN, COLORADO OF THE MUNICIPAL CODE, LAND USE REGULATIONS SCHOOL LAND DEDICATION STANDARDS 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 tA.. \. ~e. ~! \:\~- . 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: studiol1 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 2 tA. . "ei ~\ i:(\~_ ft' ~ ~" - land dedication standards: dormitory: studio/1 bedroom: 2 bedroom: 3 bedroom: 4 bedroom: 5 bedroom: acres acres acres acres acres acres (0 sq. ft.) (52 sq. ft.) (416 sq. ft.) (707 sq. ft.) (1,081 sq. ft.) ( 1 , 23 6 sq. ft.) .0000 .0012 .0095 .0162 .0248 .0284 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 standardsito 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.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 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. 3 1,_',,' %\ :Z;,'" (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. e" '" \1\"" 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. e (c) Appraisal. In the event the developer and the city fail to agree on market value, such value shalli be established by a qualified real estate appraiper acceptable to both parties. The developer shall pay for the appraisal. 4 ~_. %{, ~ ~-. ~. e (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 (A ., ~.'. . ,~< 4& ~\- 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 depo~it 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 restriction on those housing units, restricting 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. 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 become effective until January 1, 1996, or upon the date that the intergovernmental agreement approved hereto in Exhibit "A" is executed by the City Manageri of the city of Aspen and the President of the Aspen School District 6 "-, \~\ '<i', ~".. f8... . "t. " (It Board, whichever date is later. 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: day A P~blic hearing on of~HL~995 in the this Ordinance shall be held on thec2fL 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 /3 day of 'lk-c;e;I....j~L 1995. ~""lJ~ John ennett, Mayor 7 - ~.~. . 0~,~.. e,;.... '0. ~ ATTEST: FINALLY, adopted, passed and approved this II 1995. day Ofj)g(!~/#t.e.L- ~i~~ John Bennett, Mayor ATTEST: ord. cc.textamend. school 8 , "It. '.'.'{ I;; '\< -"......... h( . '\, It-. ,., -- - INTERGOVERNMENTAL AGREEMENT TillS AGREEMENT, is entered into effective as of the 1st day 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 ("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"), 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, .2L 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,.2L 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) In any calendar year that the School District shall receive funds collected from school land dedications, the School District shall submit an annual report to the City Manager, on or before December 31, of that year, describing the School District's expenditure of said funds, (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, 2L. 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. 32. Series of 1995, the following provisions shall apply: a, The City Attorney and Counsel for tb:e School District shall cooperate in the defense of said action and any costs and fee& 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 "_i,',, ." '~\< ",fa,', .~. 1"_',,',' DY ,;,,', \t,,,, 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. ATTEST: ~)x1k ATTEST Ct~I~~ UOVL~) CITY OF ASPEN By: ASPEN SCHOOL DISTRICT ~, . . . "'"F'," " - ':-;,::,,,::,:";r-:.;5T,""""''''-'''':-'~''C~''::---'--'