8-80 School Land Dedication Standards

Pursuant to C.R.S. 30-28-101 et. seq. , school land dedication standards shall be assessed upon all new subdivisions containing residential units within unincorporated Pitkin County that are located within the boundaries of the Aspen School District or the Roaring Fork School District (RE-1).

The Aspen and Roaring Fork School Districts require land for necessary school functions, which may include, but are not limited to, school buildings, support facilities, open space and recreation areas and housing for employees and their families. The purpose of this Section is to ensure that as development occurs within the School Districts and school enrollment grows, the current level of service provided to students can be maintained. This is accomplished by the adoption of standards for new subdivisions to provide land, or cash-in-lieu thereof to the County, for use by the School District. The standards are based on the number of students the development generates and the School Districts current level of service standard for land area provided per student.

1. Formula 1
   • Market value of land multiplied by the applicable land dedication standard multiplied by 0.33 equals the amount of the cash payment. For example, for a property having a market land value of $100,000, on which a four bedroom house is proposed, the payment would be:
     • $100,000 x 0.0248 x 0.33 = $818.40.
2. Formula 2
   • The market value of the land divided by the total number of square feet of land within the property equals the market value of one square foot of the property. The market value of one square foot of the property multiplied by the number of square feet of land required to be dedicated to the county equals the amount of the cash payment. For example, for a ten acre property having a market land value of $1,000,000 on which a four-bedroom house is proposed, the payment would be:
     • $1,000,000/43,560 x 10 = $2.30
     • $2.30 x 1,081 = $2,486
3. Current Market Value
   • Current market value means the value of a subdivided lot at the time of the cash-in-lieu payment, including site improvements such as streets and utilities, but excluding the value of residential dwelling units and other structures on the property. When more than one residential dwelling unit is to be built on a lot, then each unit shall be assigned its proportionate share of the current market value of the lot.
4. Substantiation
   • Market value may be substantiated by a documented purchase price (if an arms length transaction nor more than two (2) years old) or other mutually agreed upon recognized means.
5. Appraisal
   • In the event the developer and the County fail to agree on market value, such value shall be established by a qualified real estate appraiser acceptable to both parties. The developer shall pay for the appraisal.
6. Mixed Use Developments
   • When the proposed subdivision contains a mix of residential, commercial, and other uses, the required dedication shall be based solely on the number of proposed residential dwelling units.

(e) Cash-in-Lieu of Land Dedication

• At the discretion of the Roaring Fork School District, a developer of residential housing may make a cash payment in lieu of dedicating land, or may make a cash payment in combination with a land dedication. The formula to determine the cash-in-lieu payment is as follows:
  • Market value of land per acre * land dedication standard from subsection (d) above * no. of dwelling units = cash-in-lieu payment required.

(a) Land Dedication

• Lands to be dedicated to the County to fulfill the standards of this section shall be identified on the detailed subdivision plan and shall be dedicated to the County at the time of final subdivision plat approval.
1. Acceptance
   • Acceptance of the lands to be dedicated shall be at the discretion of the Board of County Commissioners.
2. Criteria
   • Prior to acceptance, the Board of County Commissioners shall consider the comments of the School District to determine whether the lands proposed to be dedicated are of adequate size and can be suitably developed for school purposes or whether the lands have the capability of being sold, with the proceeds being used for school purposes. The Board shall also consider the probable impacts on neighboring properties of the development of the land for school purposes. When the lands proposed to be dedicated are not adequate or suitable for school purposes and cannot feasibly be sold, the Board shall require a cash payment in-lieu of the land dedication.

(b) Cash-in-Lieu Payment

• Payment of cash-in-lieu of a land dedication shall be made to the County prior to and on a proportional basis to the issuance of a building permit for residential dwelling units.

(c) Use of Land or Funds for Housing

• If the applicable School District decides that land or funds dedicated pursuant to this Section should be used for housing, then the School District shall place a deed restriction on those housing units, restricting their occupancy solely to employees of the applicable School District and their families. In the event the inventory of housing exceeds the applicable School District’s needs, the School Board may allow occupancy of the units through the Housing Authority.

(d) Periodic Review

• In order to ensure that these land dedication standards are fair and represent the current level of service provided by the applicable School District, the formula and dedication schedule shall be reviewed by the County, together with the applicable School District, and amended as necessary within three (3) years of its effective date and every three (3) years thereafter.