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Home My WebLink About1982-30 Repealing and Reenacting Section 18.52.160 of the Vail Municipal Code Which Establishes Parking Fee Rates for Various Uses with the Town~ ~ ._~~ L ORDINANCE N0. 30 Series 1982 AN ORDINANCE REPEALING AND REENACTING SECTION 18.52.160 OF THE VAIL MUNICIPAL CODE, WHICH ESTABLISHES PARKING FEE RATES FOR VARIOUS USES WITHIN THE TOWN, OUTLINES CREDIT GIVEN FOR EX- PANSIONS INTO EXISTING SPACE, CREATES AN OPTION WHEREBY THE APPLICANT MAY PAY THE ENTIRE FEE AT TIME OF BUILDING PERMIT OR MAY PAY THE FEE OVER A FIVE-YEAR PERIOD, AND OUTLINES THE PROCEDURE FOR CALCULATING FEES FOR FRACTIONAL PARKING STALL REQUIREMENTS. WHEREAS, Section 18.52.160 of the Vail Municipal Code, which outlines the regulations concerning areas exempt from on-site parking and the a pplication of the parking fee, needs clarification, and WHEREAS, the Town Council deems that the parking fee may be paid over a five- year period with interest, and WHEREAS, the clarification of Section 18.52.160 will facilitate the administration of the parking fee, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: SECTION 1. Section 18.52.160, Paragraph B of the Vail, Colorado Municipal Code be repealed and reenacted as follows: B. In Commercial Core I and Commercial Core II property owners or applicants shall be required to contribute to the town parking fund, hereby established, for the purpose of meeting the demand and requirements for vehicle parking. At such time as any property owner or other applicant proposes to develop or redevelop a parcel of property within an exempt area which would require parking and/or loading areas, the owner or applicant shall pay to the town the parking fee hereinafter required. 1. The parking fund established in this section shall receive and disburse funds for the purpose of conducting parking studies or evaluations, con- struction of parking facilities, the maintenance of parking facilities, the payment of bonds or other indebtedness for parking facilities, and administrative services relating to parking. 2. The parking fee to be paid by any owner or applicant shall be determined by the town council provided in no event shall it be less than one thousand dollars per space, and in addition, that owners or applicants similarly situated sha11 be treated equally. If any payor's funds are not used by the town for one of the purposes specified in subparagraph 1 above within five years from the date of payment, the unused portion of the funds shall be returned to the payor upon his application. ..~_~- •, . • -2- 3. In accounting for the funds expended from the parking fund, the finance department shall use a first in/first out rule. 4. If any parking funds have been paid in accordance with this section and if subsequent thereto a special or general improvement district is formed and assessments levied for the purpose of paying for parking improvements, the payor shall be credited against the assessment with the amount previously paid. 5. The parking fee for uses listed in Section 18.52.100, with the exception of dwelling units or accommodation units, shall be $3,000 per space. The fee for dwelling units and accommodation units shall be $5,000 per space. The Town Council will establish fee rates for uses not listed in Section 18.52.100. 6. For additions or enlargements of any existing building or change of use that would increase the total number of parking spaces required, an additional parking fee will be required only for such addition, enlargement or change and not for the entire building or use. No refunds will be paid by the Town to the applicant or owner. 7. The owner or applicant has the option of paying the total parking fee at the time of building permit or paying over a five-year period. If the latter course is taken, the first payment shall be paid on or before the date the building permit is issued. Four more annual payments will be due to the Town of Vail on the anniversary of the building permit. Interest of ten per cent per annum shall be paid by the applicant on the unpaid balance. If the owner or applicant does choose to pay the fee over a period of time, he or she shall be required to sign a promissory note which describes the total fee due, the schedule of payments, and the interest due. Promis- sory note forms are available at the offices of Community Development. 8. When a fractional number of spaces results from the application of the requirements schedule (Section 18.52.100), the parking fee will be calculated using that fraction. This applies only to the calculation of the parking fee and not for on-site requirements. SECTION 2 If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereto regardless of the fact that any one or more parts, sections, sub- sections, sentences, clauses or phrases may be declared invalid. ~ ~- •~ __ . SECTION 3 ~3- The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the town of Vail and the inhabitants thereof. INTRODUCED, READ AND PASSED ON FIRST READING THIS ~~ day of 1982, and a public hearing shall be held on this ordinance on the q~/ day of 1982 at 7:30 pm in the Council Chambers of the Vail Municipal Building, Vail, Colorado. .~ Ordered published in full this 7~ day of ~- 1982. r // ~.~~~ -li J RODNEY E. SLIFER, MAYO ATTEST l`, i~ COLLEEN M. KLINE, TOWN CLERK ~r INTRODUCED, READ,A~ND APPROVED ON SECOND READING AND ORDERED PUBLISH~,E~D r-~" i ~,~i,~~ _~~c, th i s ~/ day of ..~-~tL.~.v ,'7r . i / ~ , _ ~ RODNEY E. SL FER, MAYOR ATTEST: r U ~ ~ ~ ~~ ~. COLLEEN M. KLINE, TOWN CLERK 1 198l~ . i