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HomeMy WebLinkAboutordinance.council.071-83RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~ (Series of 19837 AN ORDINANCE RE-ESTABLISHING THE LAND USE APPLICATION FEES CHARGED BY THE ASPEN/PITKIN PLANNING OFFICE AND REPEALING ORDINANCE NO. 82 (SERIES OF 1981) AND ORDINANCE NO. 67 (SERIES OF 1982) TO THE EXTENT SAID ORDINANCES ARE INCONSISTENT WITH THE FEES AND PROCEDURES ESTABLISHED HEREIN WHEREAS, the Aspen City Council has adopted a policy of annually 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 Aspen/Pitkin Planning Office has determined that the current fee structure for the processing of land use applica- tions, which is contained in Ordinance No. 67, Series of 1982, does not accurately reflect the current costs of providing the necessary level of services associated with the City's Code Administration function; and WHEREAS, the Aspen City Council wishes to revise the current land use application fee structure consistent with the policy out- lined in Ordinance No. 82, Series of 1981, so as to offset 100 percent of the total cost of the Code Administration function; 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. IV. Special Review Exception/Exemption/Rezoning ; and RECORD OF PROCEEDINGS 100 Leaves WHEREAS, the Planning Office has determined the total cost of the City's Code Aministration function, which includes the cost 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 forth- coming 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 applica- tion by the Planning Office takes more time than is covered in the base fee structure and desires to re-establish said billings as set forth below and to repeal the provisions of Ordinance No. 82 (Series of 1981) and Ordinance No. 67 (Series of 1982) 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 Planning Office average time requirements for the processing of land use applications are established as follows: Category 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 Planning Office Hours Base Fee 14 $1,900.00 9 $1,220.00 6 $ 820.00 20 $2,730.00 12 $1,640.00 6 $ 820.00 RECORD OF PROCEEDINGS 100 Leaves III. EXC eption/Exempt ion/Re zoning IV. Special Review Section 2 11 $1,490.00 5 $ 680.00 That the Planning Office staff be required to keep an accurate record of the actual time required for the processing of each land use application and that ADDITIONAL BILLINGS will occur commensurate 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; and (4) The Planning Office shall establish appropriate guidelines for the collection of ADDITIONAL BILLINGS as required; and (5) This fee structure shall be reviewed annually in December of each year and adjusted appropriately, such adjustments to take effect on January 1. Section 4 This ordinance and the re-established fees set forth herein- above shall take effect on January 1, 1984. 3 RECORD OF PROCEEDINGS 100 Leaves Section 5 It is the intent of this Ordinance that the fees and procedures set forth herein shall supercede the provisions of Ordinance No. 82 (Series of 1981) and Ordinance No. 67 (Series of 1982). Therefore, Ordinance No. 82 (Series of 1981) and Ordinance No. 67 (Series of 1982) 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 be 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 ~ day of ~c~'~l~' , 1983, at 5:00 P.M. 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 on the X~.~ day of December, 1983. ATTEST: Kathryn S.~o~h, City Clerk-- Finally adopted, 198~. passed and approved on this ~ day of _~combcr~/ Bill St~l~ ATTEST: h, City Clerk - 4 - RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO ) ) COUNTY OF PITKIN ) ss CERTIFICATE 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 ~ouncil of the City of Aspen on ~ ;~/~J~ , 19 , and published in the Aspen Times a weekly newspaper of general circulation published in the City of Aspen, Colorado, in its issue of ~~[~//~ , 19 ~-~, and was finally adopted and approved at a regular meeting of the City Council on ~ , 19 ,. and ordered published as /O~rdinance N~..~/ , Series of 19 ~ , of said City, as provided by law. IN WITNESS WHEREOF, the seal~_of said City I have hereunto set my hand and of Aspen, Colorado this /~/ day , 19~. ' Kathryn~. Koch, City Clerk SEAL Deputy City Clerk