HomeMy WebLinkAboutordinance.council.001-79RECORD OF PROCEEDINGS
ORDINANCE NO. f
(Series of 1979)
AN ORDINANCE AMENDING SECTION 7-143 OF THE
MUNICIPAL CODE PROVIDING FOR LAND DEDICATION
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 7-143 of the Municipal Code of the City
of Aspen be repealed and reenacted to read as follows:
"Sec. 7-143. Park dedication fee.
(a) No building permits shall issue for the construction
of any residential building within the City of Aspen, Colorado,
until there shall have been paid a park dedication fee, either
by land dedication or cash payment in lieu thereof at the
election of the City Council 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 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 residential building. The number of residents
attributable to the residential building 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 developer 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 valud attributable
to curb, gutter, street, sidewalk and utilities if
installed at the time of building permit application.
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 construction of any residential building
if a park dedication fee, or a fee similar thereto,
was assessed by the City of Aspen and collected at the
time of the subdivision of the lots upon which the
building is to be constructed.
(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
issuance of building permits without payment of the
park dedication fee in full in advance of issuance.
(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 residential building 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 7-
143 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 owner of
such land or improvements. Any claim for payment
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RECORD OF PROCEEDINGS
may 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
~ ~.~ , 1979, at 5:00 P.M. in the City
Coun 1 Chambers, Aspen City Hail, Aspen, Colorado.
INTRODUCED, READ AND ORDERED published as provided by
law by the City Council of the City of Aspen, Colorado, at its
regular meeting held at the City of Aspen on YrW~day of
1979.
Stacy St~ndley III
Mayor
ATTEST:
Kathryn S~Koch-
City Clerk
FINALLY adopted, passed and approved on the c~
ATTEST:
day of
, 1979.
Mayor
By: H. Michael Behrendt
Mayor Pro Tem
Kathryn S~Koch
City Clerk
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RECORD OF PROCEEDINGS
STATE OF COLORADO )
) SS
COUNTY OF PITKIN )
CERT IF I CATE
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 ~
reading at a regular meeting of the City Council of the
City of Aspen on ~~ ~ , 197!, and published
in the Aspen Times a weekly newspaper of general circul-
ation, published in the
issue of ~
and approved at a
Ordinance No.
City of Aspen, Colorado, in its
// , 197_~, and was finally adopted
regular meeting of the City Council on
~ , 197 ~, and ordered published as
/ , Series of 197__~, of said City, as
provided by law.
IN WITNESS ~HEREOF, I have hereunto set my hand and
the seal of said City of Aspen, Colorado, this
day of ~~ , 197~.
City Clerk
SEAL
Deputy C'i~Cl~rk--