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HomeMy WebLinkAboutordinance.council.063-76RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~ (Series of 1976) AN ORDINANCE REPEALING AND RE-ENACTING SECTIONS 7-143 and 20-18 OF THE ASPEN MUNICIPAL CODE; WHICH SECTIONS, AS AMENDED, IMPOSE A PARK DEDICATION FEE ON THE CONSTRUCTION OF NEW RESIDENTIAL AND COMMERCIAL STRUCTURES WITHIN THE CITY AMD ON THE SUBDIVISION OF LAND AND CONDOMINIUMIZATION OF STRUCTURES WITHIN THE CITY OF ASPEN~ WHICH SECTIONS FURTHER ESTABLISH FORMULAS FOR CALCULATING THE REQUIRED FEES, PROVIDE FOR OFF-SETS AGAI~ST THE FEES (IN THE CASE OF STRUCTURES EXISTING ON THE DATE OF THIS ORDINANCE), EA~RK FEE PROCEEDS FOR THE ACQUI- SITION OF PARK AND RECREATION LANDS (OR CAPITAL IMPROVEMENTS THERETO), AUTHORIZE THE DIRECTOR OF FINANCE TO PERM~IT COLLECTION IN INSTALL~ENTS, ALLOW THE COUNCIL TO E×EMPT MODERATE INCO~ HOUSING PROJECTS FROM PARK DEDICATION FEES, AND DECLARE THAT THESE FEES CONSTITUTE A LIEN ON THE PROPERTY ON WHICH THEY ARE IMPOSED. WHEREAS~ the City Council has reviewed the City's code provisions with respect to the collection of park dedi- cation fees, and has determined that substantial amendment of these provisions is required. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 7-1~3 of the Aspen Municipal Code be and hereby is repealed and re-enacted with amendments to read as follows~ Section 7-143 Park Dedication Fee (a) No building permits shall issue for the construction of any residential or commercial building within the City of Aspen, Colorado~ until there shall have been paid a Park Dedica- tion Fee, which said fee shall be calculated as follows~ (1) In the case of commercial development, there shall be made a cash payment in an amount equal to six (6%) percent of the current market value of the land proposed as the development site. (2) In the case of residential development, there shall be made a cash payment egual to the RECORD OF PROCEEDINGS 100 Leaves current market value of a percentage of the land proposed as the development site, the percentage of the land being determined at the rate of two and one-half (2%) acres for every one thousand (1,000) residents of the proposed development (that is, the number of residents multiplied by twenty-five ten thousandths (.0025) of an acre per resident). ?he number of residents attributable to the development shall be calculated in the following manner: Type of Dwelling Number of Residents Per Dwelling Unit Multi-Family studio 1.0 one bedroom 1.3 two bedroom 2.7 three bedroom 4.0 and 1.3 for each additional bedroom Single Family or Duplex one bedroom 1.3 two bedroom 2.7 three bedroom 4.0 and 1.3 for each additional bedroom A duplex structure shall constitute two dwelling units for the purposes of this subsection. (3) An example of the application of the above formula is as follows, assuming the construction of one single family residence containing two bedrooms on a lot containing 15,000 square feet with a market value of $65,000.00 (or $4.33 per square foot): 2.7 (2 bedroom = 2.7 residents) x 0.0025 acres x 43,560 (square feet per acre) x $4.33 (mar- ket value of land per square foot) = $1,273.15 (b) Unimproved land shall be appraised at the current market value of the site including its value attributable to curb, gutters, street, sidewalk and utilities if installed on the date of permit issuance. Improved lands shall be appraised according to their highest and best use taking into considera- tion existing structures whether or not they are conforming. Market value may be substantiated by a documented purchase price (if an arm's length transaction not more than two years old) or by any other recognized means; provided that assessed valuation shall not be relied on as evidence of current market value. In the event the City and developer fail to agree on the current market value of the land, such value shall be established by a qualified appraiser acceptable to both parties. (c) In the case of mixed residential and commercial development, the required dedication fee for the residential uses shall be determined as described in paragraph (a) (2) and the dedication fee for the commercial uses shall be determined as described -2- RECORD OF PROCEEDINGS 100 Leaves in paragraph (a) (1) using as the land area of the commercial development the total land area of the development site less the minimum lot area required for the proposed dwelling units. (d) The provision of this Section 7-143 shall apply only in the case of the construction of new struc- tures, or the enlargement or expansion of existing structures. Provided, however, that this fee shall be assessed on the expansion or enlargement of resi- dences only if the construction will result in the addition of a bedroom or bedrooms to an existing structure. (e) In the event that construction is proposed for a site on which there exists improvements on the effective date of this ordinance, there shall be off- set against the park dedication fee imposed hereby an amount equal to any ad valorem taxes assessed by the City of Aspen against said improvements from the time of their construction. The obligation to calculate and document the amount of this off-set shall be upon the developer. (f) When, in the opinion of the Director of Finance, sufficient reasons and assurances of payment exist to warrant postponement of payment or collection in installments, said Director may authorize the building inspector to issue a permit without payment of the park dedication fee in full in advance of permit issuance~ the provisions of paragraph (a) above notwithstanding. (g) Ail park dedication fees due by reason of the provisions of Chapter 20 of the Municipal Code shall be assessed at the time of recordation of the sub- division plat and may not be postponed to the time of permit issuance under the provisions of this Section 7-143; provided, however, that the pay- ment of this fee may be postponed until issuance of a permit when the subdivide~ lots will be used for residential purposes and the number of bedrooms to be constructed is not known at the time of sub- division. (h) Ail park dedication fees shall be deposited in a separate account and shall be used only for the acquisition of land for public active and passive park purposes, and for capital improvements to such newly acquired or existing park and recrea- tional lands. (i) No park dedication fee shall be imposed if such fee, or one similar thereto, was imposed by the City of Aspen and paid at the time of subdivision of the development site or a larger tract of land of which the development site is a part. (j) Whenever the City Council shall have determined that a pronosed residential development constitutes bona fi~e moderate income housing and wishes to subsidize its construction, the Council may exempt the development from the application of this Section 7-143 or reduce by any amount the fees imposed hereby. -3- RECORD OF PROCEEDINGS Leaves (k) Ail park dedication fees from the time they shall be due and payable shall become and remain a lien upon the land or improvements against which they are assessed and may be collected against any owner of such land or improvements. Any claim for pay- ment may be prosecuted as an action in personam against any owner or by an action in rem for the enforcement of such lien, or both. Section 2 That Section 20-18 of the Municipal Code of the City of Aspen, Colorado, be and hereby is repealed and re-enacted with amendments to read as follows: Section 20-18 Public Dedications and Easements (a) Ail land and improvements submitted for sub- division approval shall be subject to the following land dedication or cash payment in lieu thereof for the purpose of acquisition of land for active and passive park and recreation purposes and for capital improvements to such park and recreation lands. (1) In the case of commercial development, there shall be made a cash payment in an amount equal to six (6%) percent of the current market value of the land proposed as the development site. (2) In the case of residential development the subdivider shall dedicate to the City land in the ratio of two and one-half (2%) acres for every one thousand (1,000) residents of the proposed subdivision (that is, the number of residents multiplied by twenty-five ten thousandths (0.0025) of an acre per resident). The number of residents attributable to the subdivision shall be calculated in the following manner: ~ype of Dwelling Number of Residents Per Dwelling Unit l~ulti-family studio 1.0 one bedroom 1.3 two bedroom 2.7 three bedroom 4.0 and 1.3 for each additional bedroom Single Family or Duplex studio 1.0 one bedroom 1.3 two bedroom 2.7 three bedroom 4.0 and 1.3 for each additional bedroom A duplex structure shall constitute two dwelling units for the purposes of this sub- section. -4- RECORD OF PROCEEDINGS 100 Leaves (3) An example of the application of the formula in paragraph (2) is as follows, assuming the subdivision of 30,000 square feet into two development sites of 15,000 square feet each, with the purpose of con- structing one single family home (each two bedroom) on each lot: 2 (single family homes) x 2.7 (2 bedrooms = 2.7 residents) x 0.0025 acres x. 43,560 sq. ft. per acre = a dedication of 588 square feet (4) At the election of the City Council, the subdivider, in lieu of the conveyance of land required by paragraph (a) (2), shall make a cash payment in an amount equal to the current mar- ket value of the land required for dedication by paragraph (a) (2). The amount to be paid can be calculated in the same manner as described in paragraph (3) with the added step of multi- plying the square footage of the area to be dedicated by the current market value of the land subdivided. Assuming a land dedication of 588 square feet for the subdivision of 30,000 square feet of land with a current market value of $60,000.00, the cash in lieu of land fee is calculated as follows: 588 square feet x $2.00 (market value of land per square feet) = $1,176.00 in dedi- cation fees. (5) Unimproved land shall be appraised at the current market value of the site including the value attributable to curb, gutter, street, sidewalk and utilities if installed at the time of subdivision. Improved lands shall be appraised according to their highest and best use taking into consideration existing structures whether or not they are conforming. Market value may be substantiated by a documented purchase price (if an arm's length transaction not more than 2 years old) or by any other recognized means; provided that assessed valua- tion shall not be relied on as evidence of current market value. In the event the city and developer fail to agree on the current market value of the land, such value shall be established by a qualified appraiser acceptable to both parties. (6) In the case of mixed residential and commercial development, the required dedication for the residential uses shall be determined as described in paragraphs (a) (2) and (a) (4) and the dedication fee for commercial uses shall be determined as described in paragraph (a) (1) using as the land area of the commercial development the total land area of the develop- -5- RECORD OF PROCEEDINGS 100 Leaves ment site less the minimum lot area required for the proposed dwelling units. (7) No park dedication fee shall be imposed on the resubdivision of land (or a structure) if a park dedication fee, or a fee similar thereto, was assessed by the City of Aspen and collected at the time of the initial sub- division of the land (or structure). (8) In the event an existing structure is to be condominiumized, or improved land is parcelled, there shall be off-set against the park dedication fee imposed by this Section 20-18 any ad valorem taxes assessed by the City of Aspen against said improvements from the time of their construction. The obligation to calculate and document the amount of any off-set shall be upon the developer. (9) In the event that construction is proposed for a site on which there exists improvements on the effective date of this ordinance, there shall be off set against the park dedication fee imposed hereby an amount equal to any ad valorem taxes assessed by the City of Aspen against said improve- ments from the time of their construction. The obligation to calculate and document the amount of this set-off shall be upon the developer. (10) When, in the opinion of the Director of Finance, sufficient reasons and assurances of payment exist to warrant postponement of pay- ment or collection in installments, said Director may authorize the recordation of the subdivision plat without payment of the park dedication fee in full in advance of recordation, the pro- visions of paragraph (a) notwithstanding. (11) All park dedication fees shall be deposited in a separate account and shall be used only for the acquisition of land for public active and passive park purposes, and for capital improve- ments to such newly acquired or existing park and recreation lands. (12) Whenever the City Council shall have determined that a proposed subdivision constitutes a bona fide moderate income housing development and wishes to subsidize its construction, the Council may exempt the development from the application of this Section 20-18 or reduce by any amount the fees imposed hereby. (13) Ail park dedication fees from the time they shall be due and payable shall become and remain a lien upon the land or improvements against which they are assessed and may be col- lected against any owner of such land or improvements. Any claim for payment may be pro- secuted as an action in personam against any owner or by an action in rem for enforcement of such -6- RECORD OF PROCEEDINGS 100 Leaves lien, or both. (14) If a land area required for a public park or recreation area exceeds that area required to be dedicated by a subdivider under the provisions of this section 20-18, the additional land may be reserved by the City of Aspen for future purchase for a period not to exceed five years from the date of recordation of the subdivision plat. (b) Whenever a proposed subdivision embraces any part of an existing or planned street or transit alignment designated on an adopted plan, it shall be the responsibility of the subdivider to cause the right-of-way required by such plan to be platted and dedicated to the public. (c) Whenever a tract to be subdivided includes any part of a bikeway, bridle path, cross country ski trail or hiking trail designated on the Aspen Trail System Plan, the subdivider shall plat and grant public easements in compliance with the plan. (d) Whenever a tract to be subdivided includes any part of an existing or planned public utility or drainage system designated on an adopted plan, the subdivider shall plat and grant public ease- ments in compliance with the plan. (e) The easements and dedications required by Paragraphs (b), (c) and (d) shall be in addition to any right-of-way grants otherwise provided for in this Chapter 20; and shall be in addition to, and not be included in, the computation of the park dedication required by this Section 20-18. Section 3 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid pro- visions or applications, and to this end the provisions or appli- cations of this ordinance are declared to be severable. Section 4 A public hearing on this ordinance shall be held on the _ day of ?~--~?c~-~c~-~ , 1976, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided -7- RECORD OF PROCEEDINGS 100 Leaves by law by the City Council of the City of Aspen, Colorado, at their regular meeting held ~ ~'~ L.' ~'~-' , 1976. Stacy/Standley III ...... ATTEST: kathryn ~ Hauter City Clerk FINALLY APPROVED MD ADOPTED by the Aspen City Council on ~__~.~_~.~'~~L , 1976. ' Stacy/~ea~y ~II / Ma: ~ ATTEST: :~athryn ~. Hauter City Clerk -8- RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO ) ) COUNTY OF PITKIN ) Ss. CERTIFICATE I, Kathryn S. Hauter, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on .~ reading at a regular meetin~ cf the City Council of the City of Aspen on ~-- 197~, and published in the Aspen Times, a weekly newspaper of general circulation, published in the City of Aspen, Colorado, in its issue of ~ ~' , 1976 and was finally adopted and approved at a regular meeting of the City Council on ~-z/~_.~,~ ¢~/ , 197 ~, and ordered, published as Ordinance No. ~ , Series of 197k, of said City, as provided by law. IN WITNESS ~EREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this //LA3_. 197_~. Kat~r~n S. Hauter City Clerk