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HomeMy WebLinkAboutordinance.council.043-84 RECORD OF PROCEEDINGS 100 Leaves O INANCE NO. (Series of 1'984) AN ORDINANCE RE-ESTABLISHING THE LAND USE APPLICATION FEES CHARGED BY THE ASPEN/PITKIN PLANNING OFFICE AND REPEALING ORDINANCE NO. 82 (SERIES OF 1981), ORDINANCE NO. 67 (SERIES OF 1982), AND ORDINANCE NO. 71 (SERIES OF 1983), TO THE EXTENT SAID ORDINANCES ARE INCON- SISTENT WITH THE FEES AND PROCEDURES ESTABLISHED HEREIN WHEREAS, the Aspen City Council has adopted a policy of annu- ally 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. 71, Series of 1983, accurately reflects the current costs of providing the necessary level of services associated with the City's Code Administration function and there- fore desires to re-adopt said fees; 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. Exception/Exemption/Rezoning IV. Special Review and WHEREAS, the Planning Office has determined the total cost of the City's Code Administration function, which includes the cost RECORD OF PROCEEDINGS 100 Leaves 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 forthcoming 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 application by the Planning Office takes more time than is covered in the base fee structure and desires to re-establish said bill- ings as set forth below and to repeal the provisions of Ordinance No. 82 (Series of 1981), Ordinance No. 67 (Series of 1982), and Ordinance NO. 71 (Series of 1983) 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 Plan- ning Office average time requirements for the processing of land use applications are established as follows: Planning Office ~tegory Hours Base Fee I. GMP/Subdivision/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 RECORD OF PROCEEDINGS 100 Leaves III. Exception/Exemption/Rezoning 11 $1,490.00 IV. Special Review 5 $ 680.00 Sectipn 2 That the Planning Office staff be required to keep an accu- rate record of the actual time required for the processing of each land use application and that ADDITIONAL BILLINGS will occur com- mensurate 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; while refunds of unused hours will be made at the rate of $140.00 per hour of time. (4) The Planning Office shall establish appropriate guide- lines for the collection of ADDITIONAL BILLINGS as required; and (5) This fee structure shall be reviewed annually in Decem- ber of each year and adjusted appropriately, such adjustments to take effect on January 1. RECORD OF PROCEEDINGS ~00 Leaves Sectign. 4 This ordinance and the re-established fees set forth hereinabove shall take effect on Janaury 1, 3985. Section 5 It is the intent of this Ordinance that the fees and pro- ; cedures set forth herein shall supercede the provisions of Ordin- ance No. 82 (Series of 1981), Ordinance NO. 67 (Series of 1982) and Ordinance No. 71 (Series of 1983). Therefore, Ordinance No. 82 (Series of 1981), Ordinance No. 67 (Series of 1982), and Ordin- ance No. 71 (Series of 1983), 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 ~ 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 /5 day of ~{L~ .., 198~, at 5:00 p.m. in the City Council~hambers,~spen City Hail, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen on the /~. day of William L,' ~ ATTEST. ~ Kathryn S.~KOch, City Clerk' 4 RECORD OFPROCEEDINGS 100Leaves FINALLY adopted, passed and approved this /~ day of  ,198~'. William L. Kathryn S~ Koch, City Clerk 5 RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO CERTIFI~TE 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 regular meeting of the City Counc~ of the City of Aspen on ---- .....~ 198~, and published in the Aspen Times, a weekly newspaper of general circulation published in the City of Aspen,Colorado, in adopted and approved at a regular meeting of the City Council on i~~''~''~ ~.~. , /~L , 1985, and ordered published as Ord . , Series of 198~, of said City as provided IN WITNESS WHEREOF, I have hereunto set ~ hand and the ~al of said City of Aspen, Colorado this __~_~ ...... day of  1985. - K~ch, City Clerk S E A L