TC Ord. No. 1999-05 Adding section 17.24.020D Title 17 of the Avon Muni Code to Establish a PaymentTOWN OF AVON
ORDINANCE NO. 99 - 05
SERIES OF 1999
AN ORDINANCE OF THE TOWN OF AVON, COLORADO, ADDING SECTION
17.24.020(D) TO TITLE 17 OF THE AVON MUNICIPAL CODE TO ESTABLISH A
PAYMENT IN -LIEU OF OFF - STREET PARKING PROGRAM
WHEREAS Section 17.24.010(A) of the Avon Code provides, among other things, that "[fJor all
buildings and structures erected, and all uses of land established after the effective date of the
ordinance codified in this chapter, accessory parking and loading facilities shall be provided in
accordance with the provisions of this section.... "; and
WHEREAS the Avon Council, in order to promote the health, safety, and welfare of the citizens
of the Town of Avon, desires to exempt designated areas from the off -street parking
requirements of Chapter 17 when alternative means will meet the off -street parking needs of all
users in the area, but only when development in such exempt areas is accompanied by the
payment of a'fee in lieu of the provision of off -street parking spaces;
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON,COLORADO:
SECTION 1. Section 17.24.020(D) is hereby added to Title 17 to read:
17.24.020 D. Payment in lieu program.
1. Desianation of exempt areas.
Notwithstanding any other provision of this section, the Town Council by resolution may exempt
designated areas from the off -street parking requirement of this chapter if alternative means will
meet the off -street parking needs of all users in the area. Prior to exempting any area from the
off-"street parking requirement, the Council shall determine that the exemption is in the interest of
the area to be exempted and in the interest of the Town at large.
2. Parking fund.
There is hereby established for the purpose of meeting the demand and requirements for vehicle
parking, the Town Parking Fund. The Parking Fund shall receive and distribute funds for the
purposes of conducting parking studies or evaluations, including evaluations of alternative
transportation means; acquisition, design, and construction of parking facilities or alternative
transportation means in any area exempted from the off -street parking requirements;
maintenance of public parking facilities; payment of bonds or other indebtedness for parking
facilities; -and administrative services relating to parking.
3. Payment in lieu.
A. Application. An applicant for planning and zoning approval for a development plan in an
area exempted from the off -street parking requirements may seek a mitigation of the off -street
parking requirements via a payment in lieu. Such an application may be approved by the
planning and zoning commission only if the applicant demonstrates that the parking needs of the
residents, customers, guests, and employees of the project have been met, taking into account
potential uses of the parcel, the projected traffic generated by the project, how the project
impacts on the parking of the neighborhood, and the project's proximity to mass transit routes.
The decision of the planning and zoning commission may be appealed to the Town Council.
B. Approval. Approval of an application for payment in lieu shall be at the discretion the Town
of Avon.
C. Fee. In all cases in which approval has been given for a payment in lieu of parking, the
applicant shall make a one time only payment to the Town, in the amount of Thirty Thousand
Dollars ($30,000.00) per parking space. This fee shall be automatically adjusted on the 1" day of
January, annually, by the percentage the Consumer Price Index of the City of Denver has
increased over each successive year. The payment in lieu shall be due and payable at the time of
the issuance of a building permit. All funds collected shall be transferred by the Building
Official to the Finance Director, for deposit in the Town Parking Fund.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED
POSTED the 23 day of March , 1999, and a public hearing on this ordinance shall be
held at the he
meeting of,the Town Council on the 1 -1_ day of Air i 1 . , 1999, at
5:30 PM in Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon,
Colorado.
9/
INTRODUCED, FINALLY APPROVED, PASSED.ON SECOND READING AND
ORDERED POSTED the 13 day of Ap r i 1 ' , 1999.
T:
Nash, Town Clerk
APPROVED AS TO FORM:
Burt Levin
Town Attorney
2
rYoder, D& r
STATE OF COLORADO )
COUNTY OF EAGLE ) ' SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON,, COLORADO AT 5:30 P.M. ON THE 13th DAY OF APRIL 1999,
AT THE TOWN MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE
ADOPTION OF ORDINANCE NO. 99 -05 SERIES OF 1999:
An Ordinance of the Town of Avon, Colorado, adding Section 17.24.020(D)
to Title 17 of the Avon Municipal Code to Establish a Payment in Lieu of
Off - Street Parking Program
A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk,
and may be inspected during regular business hours.
Following this hearing, the Council may consider final passage of this Ordinance.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
Dated this 25 h day of March, 1999.
AVON;COLORADO
Nash
n Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
MARCH 26, 1999:
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY
AVON BEAVER CREEK TRANSIT B_ US STOP AT AVON CENTER
AVON RECREATION CENTER
CITY MARKET IN THE MAIN LOBBY