Loading...
HomeMy WebLinkAboutordinance.council.068-85 RECORD OF PROCEEDINGS 1fin l~w~ (Series of 1985) AN ORDINANCE RE-ESTABLISHING THE LAND USE APPLICATION FEES CHARGED BY TRE ASPEN/PITKIN PALNNING OFFICE AND REPEALING ORDINANCE NO. 82 (SERIES OF 1981}, ORDINANCE NO. 67 (SERIES OF 1982), ORDINANCE NO. 71 (SERIES OF 1983) AND ORDINANCE NO. 43 (SERIES OF 1984), TO THE EXT~T SAID ORDNANCES ARE INCONSISTENT WITH THE FEES AND PROCEDURES ESTABLISHED HEREIN WHEREAS, the Aspen City Council ha~ adopted a ~olicy 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 City Council has determined that the current fee structure for the processing of land use applications, which is contained in Ordinance No. 43, Series of 1984, accurately reflects the current costs of providing the necessary level of services associated with the City's Code Administration function and therefore desires to re-adopt said fees; and WHEREAS, the various land use applications which may be submitted 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. Concept ual Submission 2. Preliminary Plat 3. Final Plat II. Subdivision/PUD 1. Conceptual Submission 2. Preliminary Plat 3. Final Plat III. All "Two Step" Applications IV. All "One Step" Applications ; and WHEREAS, the Planning Office has determined the total cost of the City's Code Administration 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 RECORD OF PROCEEDINGS 100 leaves~ considered in relation to the number of applications expected during the forthcoming year, will have the effect of offsetting 100 percent of the total cost of the Code Administration func- tion; and I~, 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 application by the Planning Office takes mere 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), Ordinance No. 67 (Series of 1982), Ordinance No. 71 (Series of 1983) and Ordinance No. 43 (Series of 1984), to the extent the procedures thereof are inconsistent with this Ordinance; and WEEREAS, the City Council has determined that the Environ- mental Health and Housing Departments, as land use referral agencies, should charge fees to offset the cost of their review activity, which fee should be collected by the Planning Office. N~, THEREFORE, BE IT ORDAINED BY TEE CITY COUNCIL OF TEE CITY OF ASPEN, COLORADO: 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: Planning Office I. GMP/Su bdivi sion/PUD 1. Conceptual Submission 20 $2,730.00 2. Preliminary Plat 12 $1,640.00 3. Final Plat 6 $ 820.00 II. Subdivision/PUD 1. Conceptual Submission 14 $1,900.00 2. Preliminary Plat 9 $1,220.00 3. Final Plat 6 $ 820.00 III. All "Two Step" Applications 11 $1,490.00 IV. All nOne Step" Applications 5 $ 680.00 RECORD OF PROCEEDINGS 100 V. Referral Fees- Environmental Health, Housing 1. Minor Applications 2 $ 50.00 2. Major Applications 5 $ 125.00 VI. Referral Fees- Engineering 1. Minor Applications 2 $ 80.00 2. Major Applications 5 $ 200.00 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 by the Planning Office and that ADDITIONAL BILLINGS will occur commensurate with the additional costs incurred by the City when the processing of an application by the Planning office takes more time than is covered by the BASE FEE. In the event the processing of an application by the Planning Office takes less time than provided for in Section 1, the Planning Office shall refund the unused portion of the Base Fee. 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 applicati- ons within the same category will not be cumulative provided that in the event that the fees which result from cumulation are found by the Planning Office to be excessive in relation to the number of hour it is anticipated to require to process the application, the Planning Office may waive the cumulative requirement. 2. ADDITIONAL BILLINGS will be based solely on processing time spent by members of the Planning Office in the processing of an application. 3. ADDITIONAL BILLINGS will be computed at the rate of $85.00 per hour of additional Planning Office staff time required; while refunds of unused hours will be made at the rate of $135.00 per hour of time. 4. The Planning Office shall establish appropriate guidelines for the collection of ADDITIONAL BILLINGS as required. 5. This fee structure shall be reviewed annually as part of the City of Aspen's budget hearing process and should any adjustment be required, they shall be accomplished by Ordinance of City Council, to take effect on January 1. RECORD OF PROCEEDINGS 10~ leaves: 6. The Planning Office shall identify, prior to or at the time of submission of a land use application, whether the application is to be referred to the Engineering, Environmental Health and/or Housing Departments. The Planning Office shall also identify whether the application constitutes a minor or a major application, based on the number of hours which will be required to process the referral, and charge the applicant for each referral accordingly. ADDITIONAL BILLINGS AND REFUNDS shall not apply to the computation of referral fees. This Ordinance and the re-established fees set forth hereinabove shall take effect on January 1, 1986. 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), Ordinance No. 67 (Series of 1982), Ordinance No. 71 (Series of 1983) and Ordinance No. 43 (Series of 1984). Therefore, Ordinance No. 82 (Series of 1981), Ordinance No. 67 (Series of 1982), Ordinance No. 71 (Series of 1983) and Ordinance No. 43 (Series of 1984) are hereby repealed to the extent that they are inconsistent with the provisions of this Ordinance. 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. A public hearing on the Ordinance shall be held on the 9th day of January, 1986, at 5:00 P.M. in the City Council Chambers, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law by ~da the City Council of the City of Aspen on the .. y of William L. Sti~l[ng, Mayor RECORD OF PROCEEDINGS 100 leave~ Ka~h~y_~ ~JffK~ch, City Clerk FINALLY adopted, passed and approved this ay of .. ~ Kathryn S.~o~h, City Clerk AR.7 RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO CERTIFICAT~ COUNTY OF PITKIN 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 first reading at a regBlar meeting of the City Council of the City of Aspen on ~. ~_3., 1985, and published in the Aspen Times, a weekl~ newspaper of general circulation published in the City of Aspen,Colorado, in its issue of ~ .~ 1985, and was finally adopted and approved at a regular meeting ~ the City Council on ~R~.~J ~/z~ , 19~, an~ ordered published as Or l~nance No. ~ ,'Series of 1985, 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 this _~/_~_'_ day of ' ' kathryn $~Koc~, city Clerk S E A L - Deputy City Clerk