HomeMy WebLinkAboutbocc.ord.027.2007AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO,
AMENDING SECTION 8-30 OF THE PITHIN COUNTY LAND USE CODE;
REVISING THE EMPLOYEE HOUSING IMPACT FEE FOR COMMERCIAL
AND TOURIST/LODGE ACCOMMODATION DEVELOPMENT AND LAND
USE
ORDINANCE NO. +%~'} ` - 2007
Recitals
The Board of County Commissioners of Pitkin County, Colorado, makes the
following findings to support the adoption of these amendments to the Pitkin County
Land Use Code concerning revisions to the Employee Housing Impact Fee for
Commercial and Tourist/Lodge Accommodation development and land use.
1. Pursuant to its authority through Colorado Revised Statute ~§ 29-20-104
and 104.5, the Pitkin CounTy Board of County Commissioners enacted an
an Employee Housing Impact Fee on May 25, 2005 by Ordinance #023-2005.
2. The purpose of the Employee Housing Impact fee is to require applicable
development to pay to mitigate the impacts of development and land use to the employee
housing stock managed or controlled by Pitkin County or its designee the Aspen/Pitkin
County Housing Authority.
3. At the time the impact fee was adopted, the BOCC determined that based
on the identified impacts, commercial development in excess of 1000 square feet only
would pay an impact fee and that fee would only be 25% of the identified mitigation
amount. Lodge accommodations were placed on a schedule of 25% of the mitigation fee
for standard-style rooms in excess of four (4) and 50% of the mitigation amount for all
luxury-style rooms.
4. The impact fee was initially kept low on these two types of development
because of the lack of any real lodging development foreseen for the County and the
desire to help small business persons trying to stay in the County and have their
compames grow.
5. Since time of adoption of the employee housing impact fee, the possibility
of large-scale tourist/lodge accommodations being built in the County outside of any
existing municipal boundary has presented itself.
6. At a joint meeting of the Board of County Commissioners and the Pitkin
County Planning and Zoning Commission on August 21, 2007, the P&Z recommended
that as a result of the revised forecast for commercial and tourist/lodge accommodation
RECEPTION#: 544548, 12/03/2007 at
08:54:01 AM,
1 OF 9, R$0.00 Doc Code ORDINANCE
Janice K. Vos Caudill, Pitkin County, CO
Ordinance No. 0°~ 7 - 2007
Page 2
development and land use in Pitkin Counry, the following revisions be made to Section 8-
30 of the Land Use Code:
(a) Increase the impact fee to 100% of the identified mitigation amount and
eliminate the 1000 square foot exemption for commercial development and land use;
(b) Increase the impact fee for development and land use of standard
tourisUlodge accommodation rooms in excess of four (4) to ] 00% of the identified
mitigation amount; and
(c) Increase the impact fee for development and land use of all lu~ury-sryle
tourist rooms to 100% of the identified mitigation amount.
7. The Board of County Commissioners finds that the immediate enactment
of this ordinance is in the best interest of the public health, safety and welfare of the
residents and property owners of Pitkin County and therefore, this ordinance shall
become effective immediately upon its adoption. This ordinance will not apply to
complete applications for building permits received on or before this date.
NOW THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Pitkin County, Colorado that it hereby amends Section 8-30-10(c)(2)
and (3) and 8-30-40 of the Pitkin County Land Use Code, revising the employee housing
impact fee for commercial and tourist/lodge accommodation development and land use
by eliminating the ] 000 square foot esemption for commercial development and
increasing the impact fee for commercial development and land use to 100% of the
identified mitigation amount; increasing tourist/lodge accommodation development of
standard rooms in excess of four (4) to ] 00% of the identified mitigation amount; and
increasing tourist/lodge accommodation development of all luxury-style rooms to 100%
of the identified mitigation amount. It is further ordained by the Board of County
Commissioners that this legislated fee schedule is a law of general applicabiliry of Pitkin
County and as such applicable to all land in unincorporated Pitkin County.
INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING AT
THE REGULAR MEETING ON THE 24TF~ DAY OF OCTOBER 2007.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES
WEEKLY ON 4T" DAY OF NOVEMBER 2007.
APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC
HEARING ON THE 14TH DAY OF NOVEMBER 2007.
PTiALISHED TER DOPTION IN THE ASPEN TIMES WEEKLY ON
THE p`~~ DAY OF ~~~~ 2007.
~
Ordinance No. Q' 7- 2007
Page 3
THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY AFTER
FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
~c~.~. l~ C~e~-,C-~~/
Michael M. Owsle , Chair
Date: // ~ 3~-O~
i ~,
<
__ ~ --;-- ,'/~1~~~~~11 _ _____
John M. Ely Cin~y Houben
Pitkin,,Eou ttorney Director, Pitkin County Community
Development
3
APPROVED AS TO FORM:
8-30: EMPLOYEE HOUSING IMPACT FEE
8-30-10: INTENT
(a) The purpose of the employee housing impact fee is to require the applicable development to
pay to mitigate the impacts of development and land use to the employee housing stock
managed or controlled by Pitkin County or its housing designee, the Aspen/Pitkin County Housing
Authority (APCHA). All provisions of this Chapter are self-executing and severable.
(b) The employee housing impact fee constitutes a law of general applicability of Pitkin County
and as such shall be applicable to all property in unincorporated Pitkin County
(C) The impact fee shall be applicable to the following classifications of development and land
use in the following manner
(1) RES/DENT/AL DEVELOPMENT AND LAND USE
Structures with five thousand seven hundred fifty (5,750) square feet or less of interior
space, as measured by the International Building Code (IBC), shall not be assessed an
impact fee. For residential structures over five thousand seven hundred fifty (5,750) square
feet, one hundred (100) percent of the impact shall be mitigated for the full size of the
structure. Multiple residential structures on one property shall be considered as one
structure.
(2) COMMERCIAL DEVELOPMENT AND LAND USE
_~)tx E13c3ttsat~~.'H,~A,E'i~-`~,}a ,.,., «e~ E , ~,., ~ ~ .,,.~~je~~~F~tEiE i~c~e.-~ •.. ,c.r-.i;z;ca,n~ s
<3'rt-'i"-~?'i;~'-~i-i.<.t'r.".i=t~-~-r~.~8~}-}-Sf}tk~FF'e~eel,~T ""'vcr~t~'c=re--f-?~f~~i {-}~C.--i-XR#3,•,•,. ~.zacz-,rn'rn-c:c
~ 'Tm'`^~ ~a' ~sc-"~i-i'tii-z*P 6 N..,~i ' . . . . .. . . , . . ,
a , c,.,.r.. ..t„ii i._, ,}~r`,,,a +,.. ~i,:~ ,,,iEH~E~F:.,,,~~-`.,'--~~a'~~
~Et~-E3~--tR~"' "' .~'^""'.-,~cjH&i` b' . . rn~cr~-~rr.ri.-m
Onc_liundred percei~t (100°~~) oCthe impacl fcc shall be miti€~ated tor the l~ull si~c of~
commercial consiruction
(3) TOUR/ST/LODGE ACCOMMODAT/ON DEVELOPMENT AND LAND USE
(a) His[orss/Standard Rooms
Twec~ty-#ive (~5}-One hundred percent 1~ 00%j of the impact shall be mitigated for all
rooms in excess of four (4).
(b) Luxury TourisULOdpeRooms
Fi#y (~0.)~~-~e~ce~~One hundred qercent (100%) of the impact ~!;~s. ~ +`;=fn and
use shall be mitigated for all rooms.
(4) UNCLASSIFIED DEVELOPMENT OR LAND USE
Development or land use not fitting into the above described development or land use shall
be subject to the employee housing impact fee pursuant to Sec. 8-30-60
(d) The employee housing impact fee shall be adjusted administratively once per year on the
anniversary date of the adoption of the current fee schedule to reflect inflation. The measure of
inflation shall be the annualized rate of inflation published in the Consumer Price Index
(Denver/Boulder/Greeley CPI-W) as established by the United States Bureau of Labor Statistics.
If this index should be discontinued, then reference will be to Denver/Boulder/Greeley CPI-U, and
if this is not available, then to CPI-W All Cities.
8-30-20: PAYMENT OF EMPLOYEE HOUSING FEE
Procedures for payment of the Employee Housing Impact Fee are set forth in Chapter 2
y
8-30-30: IMPACT FEE FOR RESIDENTIAL DEVELOPMENT AND LAND
USE
(8) Impact Fee Formulas
The impact fee for residential development or land use will vary based upon the size of the
residential development. In no case shall an impact fee apply to properties improved with less
than five thousand seven hundred fifty (5,750) square feet of interior floor area as measured by
the IBC The fee collected for residential construction shall reflect mitigation for second-home
use unless a covenant is recorded on the property restricting it to Pitkin County resident
occupancy. The formula to determine the fee amount for each specific residential development is
as follows:
(/) FOR RES/DENTIAL DEVELOPMENT OF 9,000 SQUARE FEET OR LESS:
(a) Construction Employment for all Units ={[0.547 '( Unit FT~' 001)] \ 40}
(b) Post-Construction Employment - Locally Occupied Unit = Exponent [-4 67138 +
(0.000328 " Unit FT~ )]
(c) Post-Construction Employment - SecondNacation Home = Exponent [-4 67138 +
(0.000328' Unit FT' ) + 2.00514]
(d) Total Employees = Construction Employment + Post- Construction Employment
(e) Impact Fee = Total Employees' $34,173
(1) FOR UNITS OVER 9,000 SQUARE FEET:
(a) Add $1,141 67 per 1,000 square feet for locally occupied units
(b) Add $5,515 00 per 1,000 square feet for second/vacation homes
(b) Examples
Even though it will be necessary to calculate the impact fee for each individual residential
development since each will vary in size, a schedule for specific sizes of residential development
that demonstrates employees generated, the affordable housing units needed and the impact fee
is set down in Table 8.2.
Size of Residential
Development - . .-
Subsidy per
Employee @100°/a
Tar et . ~ .-
Fee Subsid 100% Tar et
Local Occupancy 2nd Home
6,000 s . ft. $34,173 $5,062 $19,772
7,000 s . ft. $34,173 $6,412 $26,833
8,000 sq. ft. $34,173 $8,107 $36,457
9,000 sq. ft. $34,173 $10,282 $49,635
10,000 s . ft. $34,173 $11,423 $55,150
8-30-40: IMPACT FEE FOR COMMERCIAL DEVELOPMENT AND LAND
USE
The impact fee for commercial development or land use will vary based on size and type of
commercial development '^ ^ ~"^~~ ^ ^^t F^^ ^^^~ , ~^ +h~ f.~+ „ ~ Fh,. ~.,..a E~ggg~
s~a~e feet -0~ +~ter~r spase-e~ sea~meKe;~~ ^~°~~aafe-feo+~^~ s^~ t~ °^
de#+r~e~' "~ ~~~. The formula to determine the fee amount is:
(8) Number of Employees = Unit Size x Employee Generation
(b) Fee = Number of Employees x$"sxb 1'~!.,=~3
(C) Employee Generation = Employee Generation Rate from Table 8-3 (Employee Generation for
Commercial Development).
~
. .: . . .•
Office - General
Unit Size in sq. ft. No. of Employees
Generated Unit Size in sq. ft. No. of Employees
Generated
1,000 4.5 10,000 45
2,500 1125 15,000 67.5
5,000 22.5 20,000 90
7,500 33.75
Office - Real Estate
Unit Size in sq. ft. No. of Employees
Generated Unit Size in sq. ft. No. of Employees
Generated
1,000 5.9 10,000 59
2,500 14.75 15,000 88.5
5,000 29 5
7,500 44.25
Office - Non-Profit
Unit Size in sq. ft. No. of Employees
Generated Unit Size in sq. ft. No. of Employees
Generated
1,000 3.8 10,000 38
2,500 9.5 15,000 57
5,000 19 20,000 76
7,500 28.5
Retail - Guest Market
Unit Size in sq. ft. No. of Employees
Generated Unit Size in sq. ft. No. of Employees
Generated
1,000 2.9 10,000 29
2,500 725 15,000 43.5
5,000 14 5 20,000 58
7,500 21.75 25,000 72.5
Service - Re air, Personal, Business
Unit Size in sq. ft. No. of Employees
Generated Unit Size in sq. ft. No. of Employees
Generated
1, 000 1.13 10, 000 11.32
2,500 2.83 15,000 16.98
5,000 5.66 20,000 22.64
7,500 8.49 25,000 28.31
RestauranUBar
Unit Size in sq. ft. No. of Employees
Generated Unit Size in sq. ft. No. of Employees
Generated
1,000 7.4 10,000 37
2,500 18 5 15,000 55 5
Government
Unit Size in sq. ft. No. of Employees
Generated Unit Size in sq. ft. No. of Employees
Generated
1,000 3.9 10,000 39
2,500 9.75 15,000 58.5
5,000 19.5 20,000 78
7,500 2925 25,000 97 5
~
8-30-50: IMPACT FEE FOR TOURIST /LODGE ACCOMMODATION
DEVELOPMENT AND LAND USE
(a) The impact fee for tourist /lodge accommodation development or land use will vary based on
the number and type of rooms. There are two types of rooms, historic/standard and luxury.
(b) The impact fee for historic/standard tourisUlodge accommodation development or land use
will apply for all rooms in excess of four (4).
(/) Number of Employees = Number of Rooms x Employee Generation Rate (0.3 employees
per number of rooms over 4)
(2) Fee = Number of Employees x$~~.~1 ; u~Sa=s
(C) The formula to determine the fee amount for luxury tourisUlodge accommodation
development or land use is as follows:
(1J Number of Employees = Number of Rooms x Employee Generation Rate (1 1 employees per
room)
(2) Fee = Number of Employees x$3<l, i?:~,1; .~t~ ~'
8-30-60: IMPACT FEE FOR UNCLASSIFIED DEVELOPMENT AND LAND
USE
The employee housing impact fee schedule is based upon three classes of development:
residential, commercial and tourisUlodge accommodations. If the type of development proposed
is not specified as one of these three classes of development, the fee applicable shall be
calculated based upon the most comparable type of development and land use category
described above. If a property owner believes that there is no appropriate comparison between
the proposed development or land use and the three classes of development described above or
that the specific instance of proposed development would generate employees at a significantly
lower rate than indicated by the impact fee schedule, then the property owner may submit an
independent fee calculation study, as described in Section 800, to suggest an alternative impact
fee payment. Unclassified development and land use shall mitigate one hundred (100) percent of
the impact of its employee generation.
8-30-70: OPTIONS TO DEFRAY THE PAYMENT OF IMPACT FEES
In order to mitigate the impacts of development upon the employee housing capital facilities, a
developer or property owner may be allowed to avoid full payment of the scheduled impact fee
through one or a combination of the following events. These events shall include and be limited
to the construction of deed restricted employee housing, the acquisition and deed restriction of
existing residential housing units, or the dedication of real property to Pitkin County that will be
used for the construction of employee housing. In no event shall the exercise of any of these
three options cause a developer or property owner to exceed the impact fee schedule with the
value of any construction, acquisition or dedication. The decision of whether or not to accept an
offered alternative to full payment of the impact fee is a discretionary decision of the Board of
County Commissioners. The Board of County Commissioners may accept or reject such offer
based upon any reasonable consideration including, but not limited to any of the following: the
type and location of the development to be mitigated; location of the property that is offered; the
physical condition of the offered property; the ability to utilize the property in the employee
housing program; the need for the type of property offered.
(a) Construction Requirements for Employee Housing Units
Any employee housing units developed in lieu of payment of a full impact fee shall meet the
following guidelines:
(1) All construction must comply with all regulations and required permits of the Pitkin County
Code.
7
(2) Size and materials used in the construction of employee housing shall be specifically
approved by either the Board of County Commissioners or its housing designee, the Aspen/Pitkin
County Housing Authority All employee housing units constructed shall be ready for occupancy
prior to the issuance of a Certificate of Occupancy for the free-market development for which the
deed restricted housing is in mitigation.
(3) A deed restriction to be recorded against the property shall be reviewed and accepted by the
Board of County Commissioners and its County Attorney prior to acceptance of the unit for
mitigation of development impacts and/or prior to issuance of a building permit for the unit.
(b) Requirements for Converted/Deed Restricted Units
Free-market units acquired in lieu of full payment of the scheduled impact fee shall meet the
following requirements:
(!) All units must be specifically approved for mitigation by the Board of County
Commissioners or its housing designee, the Aspen/Pitkin County Housing Authority. The
grant of this acceptance will be based upon the location of the units and the physical
quality of the housing units.
(2) The acquired and restricted units shall be ready for occupancy before the issuance of a
Certificate of Occupancy for the constructed free-market development whose impact the
deed restricted units mitigate.
(3) Prior to acceptance, the deed restriction recorded against the converted units shall be
approved by the Board of County Commissioners or its County Attorney.
(c) Dedication of Real Property
All real property proposed by a developer or property owner for dedication to Pitkin County in lieu
of full payment of the scheduled employee housing impact fee, shall be specifically accepted by
the Board of County Commissioners through enactment of a County ordinance. The Board of
County Commissioners may reject or accept any offered real property based upon any
reasonable consideration. Included in the criteria for consideration but not representative of all
factors that may be considered by the Board of County Commissioners in accepting a real
property dedication will be: the location of the property; the size of the property to accommodate
development of employee housing; the existing zoning of the property; the environmental,
topographic and soils condition of the offered property; and the presence of any infrastructure or
utilities.
8-30-80: EXEMPTIONS AND CREDITS
(a) Exemptions from Payment of Scheduled Impact Fees
(1) EMPLOYEE HOUS/NG
No employee housing impact fee shall be imposed on the construction of deed restricted
employee housing as defined from time to time by the Board of County Commissioners or its
housing designee, the Aspen/Pitkin County Housing Authority.
(Z) REPLACEMENT, RESTORATION OR REMODEL OF EX/STING UN/TS
No employee housing impact fee shall be charged for replacement or restoration for an
improvement that was lost or damaged through fire, age or other event not precipitated by
the owner of the property. This exemption shall extend only so far as replacement or
restoration for the unit lost is being sought in its same location and at the same size and
configuration. No employee housing impact fee shall be charged for remodel construction
that does not increase the size of the residential structure. No exemption shall be
recognized for expansion of an existing structure.
~
(b) Credits
(1J PREV/OUS PAYMENT AND EXACTION
(a) Any fee imposed by this Chapter shall be subject to offset and reduced to reflect all
previous payments, exactions, dedications or other mitigation made in relation to the
proposed use and development.
(b) The value of any payment, exactions, dedications or other mitigation made to Pitkin
County shall be adjusted upward to reflect the present value not the value at the time of
the original payment, exaction or dedication. This upward adjustment shall be based
upon the annualized rate of inflation as published in the Consumer Price Index
(Denver/Boulder/Greeley CPI-W) as established by the United States Bureau of Labor
Statistics. If this index should be discontinued, then reference will be to
Denver/Boulder/Greeley CPI-U, and if this is not available, then to CPI-W All Cities.
(c) If the previous dedication, contribution or exaction was made as a part of a larger
approval, i.e., subdivision or PUD review process, then the previous contribution,
dedication or exaction shall be apportioned between all the properties of the approved
development for which the previous contribution, dedication or exaction was made.
(2) CHANGE /N USE
When the imposition of the employee housing impact fee is required due to a change in use,
credit shall be recognized for any legally established use.
f