HomeMy WebLinkAbout1990-36 Repealing and Reenacting Section 18.52.160, Parking Exemptions and Repealing Section 18.52.180, Variances of the Vail Municipal Code~ • `~~.,
ORDINANCE NO. 36
Series of 1.990
AN ORDINANCE REPEALING AND REENACTING SECTION 18.52.160,
PARKING EXEMPTIONS AND REPEALING SECTION 18.52.180,
VARIANCES OF THE TOWN~OF VATL MUNICIPAL CODE AND
SETTING FORTH THE DETAILS IN REGARD THERETO.
WHEREAS, the parking exemption section is in place to
minimize vehicular traffic in certain areas and provide property
owners in certain areas an alternative for satisfying parking
demand created by new development; and
WHEREAS, amendments to the parking exemption section are
necessary to ensure the utilization of the program is consistent
with its purpose; and
WHEREAS, in accordance with Section 18.66.1.40, the Planning
and Environmental Commission held a public hearing on the
proposed amendments to Section 18.52, Off--Street Parking and
Loading, and has submitted its recommendation to the Town
Council; and
WHEREAS, The Town Council has held a public hearing as
required by Chapter 18.66 of the Vail Municipal Code.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VATL, COLORADO, THAT:
Section 1
Section 18.52.1.60 is hereby repealed and reenacted to read as
follows:
18.52.1.60 PARKING EXEMPTIONS
A. There are unique ar,~as in Certain parts of the Town
that will benefit by prohibiting the construction of
new off-street parking facilities and by the gradual
elimination of existing off-street parking facilities.
The Town Council may exempt certain areas from the off-
street parking standards that require off-street
parking to be located on site if alternative means will
meet the off-street parking needs of the area. The
purposes of exempting an area from off-street parking
standards are to reduce vehicular traffic in
pedestrianized areas and provide property owners in
pedestrianized areas an alternative for satisfying
parking demand created by new development.
1
Property owners or applicants in exempted areas shall
satisfy parking requirements by paying a fee in lieu of
providing off-street parking an site. In recognition
of the unique characteristics of these areas, specific
conditions and limitations on the use of the Parking
Program may be imposed on an exempted area. The Town
Council may initiate a hearing to declare an area
exempt from off-street parking requirements on its own
motion, or a petition to declare an area exempt may be
filed by a property owner. Upon making of such motion,
or filing of such petition, the Town Council shall
consider the proposal in accordance with Sections
18.66.130-164 of this code. Prior to exempting any
area from the off-street parking requirements of this
chapter, the town council shall determine the
following:
1. That the exemption is in the interests of the area
to be exempt and in the interests of the town at
large;
2. That the exemption will not confer any special
privilege or benefit upon properties or
improvements in the area to be exempted, which
privilege or benefit is not conferred on similarly
situated properties elsewhere in the Town;
3. That the exemption will not be detrimental to
adjacent properties or improvements in the
vicinity of the area to be exempt;
4. That suitable and adequate means will exist far
the provision of public, community, group or
common parking facilities; and for financing,
operating and maintaining such facilities; and
that such parking facilities shall be fully
adequate to meet the existing and projected needs
generated by all uses in the area to be exempted;
5. That the exemption of any area shall be consistent
with applicable elements of the Vail Comprehensive
Plan.
B. The Town Council finds that the Vail Village area and
the Lionshead area meet the criteria in Section
18.52.164 (A), and are declared to be exempt areas with
the following conditions and limitations:
1. Vail Village
a. Owners of all property located in areas A and
B, as indicated on the Vail Village Parking
Program Overlay Map (attached as exhibit A
and incorporated into this ordinance by
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~ • •
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reference}, shall be required to pay a fee in
lieu of providing off--street parking to
satisfy parking requirements created by
additions, new development, or any change of
use, as required by this chapter.
b. In order to reduce vehicular traffic in the
pedestrianized area of the Vail Village,
property owners or applicants located in Area
A of the Vail Village Parking Program Overlay
Map, shall be entitled to pay a fee in lieu
of providing on-site parking as required by
this chapter upon the removal of existing
off-street parking spaces.
c. Property owners or applicants in Area B of
the Vail Village Parking Program overlay Map
shall not be entitled to pay a fee in lieu of
providing on-site parking as required by this
chapter upon the removal of existing off-
street parking spaces. In the event existing
development on property located in Area B of
the Vail Village Parking Program Overlay Map
is demolished and subsequently redeveloped,
the property owners shall meet the off-street
parking requirements of this chapter for such
redevelopment with off-street parking on-site
and shall not be entitled to pay a fee in
lieu thereof.
2. Lianshead
a. Owners of all property indicated on the
Lionshead Parking Program Overlay Map
(attached as exhibit B and incorporated into
this ordinance by reference} shall be
required to pay a fee in lieu of providing
off-street parking to satisfy parking
requirements of this chapter created by
additions, new development or any change of
use.
b. Property owners or applicants located on the
Lianshead parking Program overlay Map shall
not be entitled to pay a fee in lieu of
providing on-site parking as required by this
chapter, upon the removal of existing off-
street parking spaces.
c. In the event existing development on property
located in the Lionshead Parking Program
Overlay Map is demolished and subsequently
redeveloped, the property owners sha11 meet
3
the off-street parking requirements of this
chapter for such redevelopment with off-
street parking on-site and shall not be
entitled to pay a fee in lieu thereof.
C. Where property owners are required or permitted by the
provisions of this section to pay a fee in lieu of
providing off--street parking, the fee shall be
calculated and paid as follows:
~.. The parking fee for uses listed in section
18.52.100, with the exception of dwelling units or
acc...,,.,~odation units, shall be three thousand
dollars per space. The fee for dwelling and
accommodation units shall be five thousand dollars
per space. The parking fee far uses not listed in
Section 18.52.100 shall be established by the Town
Council. When a fractional number of spaces
results from the application of the parking
requirement schedule {Section 18.52.100}, the
parking fee shall be calculated using that
fraction. This applies to the calculation of the
parking fee and not for an-site requirements.
2. 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 of use and
not for the entire building or use. No refunds
will be paid by the Town to the applicant or
owner.
3. The owner or applicant has the option of paying
the total parking fee at the time of issuance of a
building permit or paying over a five-year period.
If payment is to be made over a five year period,
the first payment shall be paid on or before the
date the building permit is issued. Four annual
payments will be due to the Town of Vail an the
anniversary of the first payment. Interest of ten
percent per annum shall be paid by the applicant
on the unpaid balance,
Zf the owner or applicant chooses to pay the fee
over a five year period, he ar she shall be
required to sign a promissory note which describes
the total fee due, the schedule of payments, and
the interest due. In the event the appliaant is
not the owner of the property, the owner of record
4
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shall also sign the promissory note.
~. Tf 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 established by the Town Council
shall treat all similarly situated owners and
applicants equally. Tf any payor~s funds are not
used by the Town for ane of the purposes specified
in 18.52.15 B. 6., within five years from the date
of payment, the unused portion of the funds shall
be returned to the payor upon his or her
application. In accounting for funds expended
from the parking fund, the Finance Department
shall use a first in/first out rule.
6. The parking fund established in this section shall
receive and disburse funds for the purpose of
conducting parking studies or evaluations, the
construction of parking facilities, the
maintenance of parking facilities, the payment of
bonds or other indebtedness far parking
facilities, and administrative services relating
to parking.
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 thereof, regardless of the fact that
any one or more parts, sections, subsections, sentences, clauses
ar phrases be declared invalid.
Section 3
The Town Council hereby finds, determines and declares that this
Ordinance is necessary and proper for the health, safety and
welfare of the Tawn of Vail and inhabitants thereof,
Section 4
The repeal or the repeal and reenactment of any provisions of the
Vail Municipal Code as provided in this Ordinance shall not
affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any
5
prosecution commenced, nor any other action or proceeding as
commenced under or by virtue of the pravision repealed ar
repealed and reenacted. The repeal of any provision hereby shall
not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 5
All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are hereby repealed to the extent only of
such inconsistency. This repealer shall not be construed to
revise any bylaw, order, resolution or ordinance, or part
thereof, heretofore repealed.
INTRODUCED, READ AND
1990,
ordinance on the
in the Council Chamb~
Colorado.
Ordered published in
PASSED ON
and a pub
day of
prs of the
full this
FIRST READING THIS day of
Lic hearing shall be held on this
, 1.990 at 7:30 p.m.
Vail Municipal Building, Vail,
day of , 2990.
ATTEST:
Kent R. Rose, Mayor
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED
PUBLISHED this day of , 1990.
r
ATTEST:
Kent R. Rose, Mayor
Pamela A. Brandmeyer, Town Clerk
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3. Thu Ute sxemptbn wiM rrol be datrlirrsrtlal !
a adjacsM praperliee a kripra W tits a
vkinity d rite area b be , • • , ;
4. That. suNshfa and adpuata rraatra wNl ;
~` exkt for lire prgvklon of publle, ,, rnhy,
group w common parking IacNkks; and for
financing, operating and maintaining such
faclNilw; and that ouch parkkq tacipties shall bs
fully adequate b.naet the existing and projected
steeds gerteratad by aN uaK b tFre a»a to b~ '
„ 6. That the sttemptlon d arty area Hull be
naakunt whh .. ?. ble elerrrsme o11hs YaM
Comprehsmlw Plan.
B. The Town CauncN finds that rice Vail
Village area do the Lbnshsad uea mast IIN
crhsria in 8ectlon 18.68.180 (A), and w
declared b 6e aaampt areas wNh tFre 1i ~~. r
oondktorq and Nmilstiorts:
t, Vali YlAags
a. Owrtsn d a1 . , . ., lOCatsd W area A
nerd B, as indkated on dte Pall YNIIaa~pe P
Program Ovwlay Map (attacltsd a< Exhibt
incorporated Inb thk ordlttancs by rMsretroaj,
shah bs required to pay a tea M Ilan d provklkrg
oH•streat packing b satky parking requlrmtsMe
created by addNlata, new d n6 or any
, of use. a• ngWnd by thk dtapMr.
b. In order to refkrce wlricukr tralflo In tM
pedssuiartlted area d fire VaN vNlags, .. .
owners or kfoatsd kt Arse A d the
Vstll VNlage puitinp F .,, Owrky klap, shat
be emkkd b pay a iN kt Aeu of provkting on•
nits padtktg M requYed by tltk chapter upon Ilra
~a PropMty owners appNcaraa kr~ 8 aF
Ste YaA YlNage Paddrtg Program Qverlay (dap
shall net b• eMMlsd to pay a. Tee in i{ttt of
pnevidlnD on•slse parkktg as rpWred by this
chapter upon 8a twrwwl d surktktg oft-etrest
parking spaces, In the want existing
~ on . , . boaad h Area B d the
Vail VlNags Parking Program Ov.rlay Map is
derrtalkhed and suixeegtssntly redeveloped, tits
' oarrars shah rtteM the o6-arrest
rsqulrirtams of this chapter for suei+
t wMh oRitrsM parkktg on-ake and
shtN not be entlNsd b pay a lee W iiau flared.
2. Lforaheed
a. Overton d aN prepeny krdlalted on the
Lionstread Parkktg Program Overlay Map
fanacitad as Erdribit B and kroorparabd IMO thk -
. ordMtartas by re tlral bs regtdfed b psy
a tee h Neu of prevldkrg df-arteet pedcing to ~
satkfy padtktg nqukenreMS of tWs chap4lr
nested by addlUorr, Itew der er arty
aarrg. d tsaa. h rite evarN . dtiitoe of tsse is 1
ed gptt requites faaa parkNtg than an
~xktlttg tae, otwtte parking aha11 net ba ';
rsnnwd. !
b. P . , or appNurNe located on
rite Lbnalaid PadtMg Program Overlay Map I
shah not be enBNed b pay a lee N Nett N enter l
to a In 1 ~ ~dwalop~maM on
property foOeted W the Llonahaad Parking
Program Overlay Map k demoasMd antl
substtqurrrtly abler , , dre ,.. ,
slat mist fM dl-apaat aartkkYYttgg requtrernirrts d
tlrk chapter !gr euci}. -epdewfopmsM wkh pfl•
stria drtsNs and ehr11 net be ~.., , b
~ Pr9r a tae h 9tanaf.
pemiktsd by tla d 0rk settl~on m p uy
i a Face In Neu d preuldkrg nll~treet paAtktg, rice
TM H1aN bs oatarlabad and paW as foiOMe:
1. The padtktp fM for uses Noted in ffeuNaet
19.li2.100. wMh the ax . . , , d tank ar
eooom , „ , ~ . ratios, shall ~ thrN
dollars per apsoe~ The fa Tw .
a,.. , , alien unNS shah t» ike thciiaar~id
daNate Per epee. The paddng fM for cares not
Inked N $edion 18.62,itlg tdraM bs establlahed
dY the Town t:orrrteN.lMlten a fracdaeel numbw
d spaoea resuks from tits appNoatloet at the
parking requirement eoheduls iSeglon
19.62.1g0~, rice padtktg iN ehaN be talcufated
usksg that iradlon. This appgss to the atiotdwuon
cl the parking fee and not tOr an-alto
requl . ,
2. Fw addkbne or enlugenraale d any
axktktg buNdtng w chartpe nt use that would
lnasaa ihs total number al parking spaces
rquked,~ writ ttdt~p ~ NAN a
angt~nOtF~atlr b~s~ p ti a ~t.~rt:
.. ~ ~ ~ ar owaar.
~. Tha tieaier ar aFpNgant Ma the
ng tire itifaf paritfrp iw ai the t~ d
~ ancs of a bulldNtg psnnk a Pa otn,r a
yeY prdod. N , , ; k b be math over a
Year parted, tl+a 1Mq paymattl shah be pall
or txrfoq 1hs dab rite building ppeemNt k
,uad. Four annual peymsnk wiN be dw fo fire
oven of YaN on rice annkereary of the Iirst
aymem, Irderest d ten psrosra per annum shall
e Paid by lice appNcara an the unpdd balance.
N fire owner or ~pplloant clroaas to pay the
~ over a Ike you period, M ar sM shag be
scribes Ihs t~oW lepirdus, ~i scheduN of
~aYrrants, and the NNerMt due. In tM event the
Wplbam k not lire owner d fire ,.. , the
t wrner d rerxrd shah aka sqn tla promissory
td0.
4• N ~Y I~Mg loads haw been pak! h
rccordarlce with !hk sedlon and if rubaqusrN
hereto a apedH ar pelterr i~ , dkArid
s lornted and assessmenU Iwled fw the
rurpose W paying For parkkrg Impror rice
sayer shah be nredkad agrlmt qa aaaeaarrrnt
Mtlh the amount prwblrsly paid.
b. The ptuklnq fee establfaMO by tits Town
~. jouncN Hall trstN aN almllaAy ahuetpd ownen
~ drd trpplcttMS aqualy. M any pgor'a Tunds are
Ir ~ by N+e Tnwn for one d tla purpaes
w b 18.62.16 B. 8., wMhln Noe ysan from
unds shalol Ispe ~ b IMF portbrt d the
payer upon his or
nor appllcatlon. In aeeounung far funk
r ' expended Irom tM parking fund, Ifte Finanee
Dspanmsrd shall ua a lint EMllnt out ruk.
6. TM parking fund alablkhed (n this
sectlan ahaN receke and dbbura finrde far the
purpoa of canduaing parking studies nr
wakatbra, the oortstttrdbn d parking IacNNks,
the maintenance q} parking Tacf tries, the
payment d bonds or other Indedpdnasa IOr
relail~ ~ ~. end adminlatntke arvlose
SECTN)N 2.
n any part, aedbn, subssdbn, seMSna,
olausi or phraa of thk ordinanq k for airy
reason held b ba ImaRd, such deokion t>1rW1 not
affect the validity d the ramWMrtg ptrrtksns d thk
ordinance; and tM Tawn CouncN hereby
dsdarq it would have passW Ihh oMinanos,
and each part, aectbn, subsecdon, saaenp,
clause or phraa thereof, regardtea of lire fad ~
thn any one or rnora parts. actions, ~
subsedione, .:, mss, clauses or phrase be
dsckred imalld. ~
SECTION 3.
The Town Courtdl hereby ttnds, delermirtea
and declares thu ihh Ordinance k neaasary
and proper fa Na health. safety and we6an d
the Town d YaY and the inhabkank thsred.
t3ECTIDN 4.
The repeal or the repeal acrd naeru ,. d
any provklona of the Vali Munkipid Code sr ~
provided In thk ordlrrarra shah net aHad any i
right wish has accrwd, any duty ~ I, any
vlolatbn That oxurred prbr to the e6actks data
hereof, amr prosecutbn turrtmenwd, nw any
dhar solar w ]Ing as corrxrtanced under
or by vines d this proNabn [speaiad rx repealed
and reenacted. The repeat of any provklon 'i
hasty shah not revive any pravklon or any
ordlnanw prwbusly repsskd or eupeneded
unksss expressly stated hereto.
3ECTIONlL
All bylaws, orders, resolutions and
ordinances, or parts thsreol, Inconsistent
herewith are hereby repeated to tM extant only
d such ktcansktsncy. Thk rapeaiar shall oat be
construed tO rwlss arty bylaw, order. raeolWlon
or _ordinance, or .put thersd. hsretofon
repealed.
INTRODUCED, READ AND PASSED tai
FIRST READING ANO ORDERED I~IJBLISHED
OPICE IN FULL ihk f3Nf day d November, 4990
and a pubtb heulnY sha11 1» held on thk
ordinance on the ti11t day of NOwrrber, 11190 u
7;30 p.m In the Coundl Charrbars d thR VaN
Municipal Building, Vall, Colorado.
TOWN OF VAIL
Kant R. Ras
Mayor
ATy'EST:
Pameia A. Br ,
Town CNdc
PubYshsd in The vat Trtl
an ~ , ter 9, 1980