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Home My WebLink About1990-36 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BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VATL, COLORADO, THAT: Section 1 Section 18.52.1.60 is hereby repealed and reenacted to read as follows: 18.52.1.60 PARKING EXEMPTIONS A. There are unique ar,~as in Certain parts of the Town that will benefit by prohibiting the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 2 ~ • • ~ ~ • 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 ~ • • 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 b ~. N ~ ~, ° • J ~ m .~$c.~~ n~'g~ Q ~ ~ ~ ~ ~ Q v ~~~~ Qom ~ ~ N ~~ ~ ~ ~, ~ ~ ~ ~~~~~~°~m v c ~ ~~ N~ ~ -~ '~ ~ ~ ~ ~ -M ~ N ~ ~ Q d A ~ ~ ~ ~ ~o~~~~~~ Yj ~ ~ f). ~ ~~ ~~ m ~~ C d ~ 'p ,` -, a ~~g Q ~ ~ ~ ~ ~a ~ ~ ~~ r ~ ~.~ ~' o a~~~ ~ ~ ~ m ~~ ~ ~' ~ ~ ~T1 ~.p~ ~ ~~ ~ t~ (.x z i~ D Z ~ ~ t~ N f'f ~ ~~ ~ L.1 It Q _ Q Ti. ~ ~ ~ ~ ~ ~QO ~~0 Q ~ ~ ~~ ~ ~ ~ ~ ~ ~o~~- ~~ ~ Q o~ j~~~ ~.~ ` ~ ~{N Q Q M~~~m Sip ~~ °~4~~ S ~ as '~ ~~ ~~-~' ~~ 3~ 8~ 3 ~~c ~ ~ ~ ~ ~ ' ~ sR ~' ~ ~ ~ ~.~ ~e ~_ Q n ~ ~ ~ ~ o o ~ ~ Wvi~n~, ~~~ ~~~ ~~m~~"a mg{~m ' ~~ A~ ~~ ~~ ~~~Z~~~~yz B~8 ~m~ ~a }} i~~=~C? hm ~ w '~~°~ Zv ~ g2 ~iT $O ~~y~° ~, ~ w$ ~ ~m~pazZ ~- ~ ~ ~ g ~ m ~p m~~~~p0 ~y '.~ mne~ ° ma3 Nip ~..~~, ~ ~ ~ ~cmi~ tD ~io m~ ~~ro4~ ~ ~ ~a t'i~a ~~ ~~ ~~m~; ~~~ ~~~ ~~~~o Yf ~ a ~ 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