HomeMy WebLinkAboutordinance.council.013-78RECORD OF PROCEEDINGS
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ORDINANCE NO. 13
(Series of 1978)
AN ORDINANCE A~NDING SECTION 20-18(a) OF
THE MUNICIPAL CODE PROVIDING FOR LAND DEDI-
CATION OR CASH PAYMENTS IN LIEU THEREOF
WHEREAS, the City Council has determined that new or
additional residential development within the City creates
a need for additional parks and recreational facilities; and
WHEREAS, applicants for subdivision approval of new or
additional residential development should bear the cost of
providing such additional park and recreational facilities;
and
WHEREAS, the City Council has determined that the land
dedication requirements and park dedication fees set forth below
are necessary to provide the additional parks and recreational
facilities; and
WHEREAS, the City Council has determined that park and
recreational facilities located at any place within the City
limits or within a ten mile radius of the City limits directly
benefits the inhabitants of any new residential development
within the city limits;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
That Section 20-18(a) of the Municipal Code of the City
of Aspen be repealed and reenacted to read as follows:
"Sec. 20-18. Public dedications and easements.
(a) All land submitted for subdivision approval for
new or additional residential development which will create
additional dwellings or dwelling units shall be subject to
the following land dedication or cash payment in lieu thereof,
at the election of Council, for the purpose of acquisition of
land for active and passive park and recreation purposes and
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for capital improvements to such park and recreation lands:
(1) If council elects a cash payment, the amount of
such payment shall be calculated by multiplying
one percent (.91) of the current market value of
the land by the number of residents attributable
to the subdivision. ?he number of residents attri-
butable to the subdivision shall be calculated in
the following manner:
Type of Dwelling
Number of Residents
per dwelling unit
Studio 1.0
One Bedroom 1.5
Two Bedroom 2.0
Three Bedroom 2.5
Four Bedroom 3.0
and .5 for each additional bedroom
(2) If council elects a land dedication,
the following
(3)
procedure shall be utilized to compute the amount of
land to be dedicated:
(a) The amount of the cash payment that would have
been required had council elected, shall be
computed pursuant to paragraph (a) (1) above.
(b) The subdivider shall dedicate that amount
of land whose current market value equals
the amount of the cash payment computed above.
Unimproved land shall be appraised at the current mar-
ket 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 then two (2)
years old) or by any other recognized means; provided
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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 estab-
lished by a qualified appraiser acceptable to both
parties.
(4) No land dedication or park dedication fee shall be
imposed on the resubdivision of land 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 subdivision.
(5) 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 recorda-
tion of the subdivision plat without payment of the
park dedication fee in full in advance of recordation.
(6) 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 improvements to such newly
acquired or existing park and recreation lands.
(7) Whenever the city council shall have determined that
a proposed subdivision constitutes a bona fide
moderate or low 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.
(8) All 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 o%rner of
such land or improvements. Any claim for payment
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~lay be prosecuted as an action in personam against
any owner or by any action in rem for enforcement of
such lien, or both.
Section 2
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
provision or application, and to this end the provisions of
this ordinance are declared to be severable.
Section 3
A public hearing on the ordinance shall be held on
/~ 1978, at 5:00 P.~I. in the City Council
Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED published as provided by law
by the City Council of the City of Aspen, Colorado, at its
regularmeeting held at the City of Aspen on the~-~ay of
Stacy ~tandley III
Mayo~ [ ~. /
ATTEST:
Kathryn S .~:auter
city Clerk
FINALLY adopted, passed and approved on the /~ day of
St~c~tan ley ~
Mayo~ ~{
ATTEST:
Kathryn~. :lauter
City Clerk
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STATE OF COLORADO )
) ss
COUNTY OF PITKIN )
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 meeting of
City of Aspen on
ed in the
the City Council of the
__, 197 ~, and publish-
Aspen Times a weekly newspaper of general circul-
ation, published in the City of Aspen, Colorado, in its
issue
and
Ordinance No.
of ~ ~- , 197g, and was finally adopted
approved at a regular meeting of the Cit~ Council on
, , published as
197~
arid
ordered
, Series of 197 ~-~, of said City, as
provided by law.
IN WITNESS WHEREOF, I have hereunto set my hand and
the seal of said City of Aspen, Colorado,
day of ~_~-~ , 197~ .
this
Kathryn ~/. ~, City Clerk