TC Res. No. 2005-32 DESIGNATING THE TOWN CENTER WEST PAYMENT-IN LIEUTOWN OF AVON, COLORADO
RESOLUTION NO. 05-32
SERIES OF 2005
A RESOLUTION DESIGNATING THE TOWN CENTER WEST PAYMENT-IN LIEU
PARKING DISTRICT AND REQUIRING THAT. RETAIL,COMIVIERCL4L AND
LIMITED OFFICE COMPONENTS OF DEVELOPMENT PROPOSALS PARTICIPATE
IN THIS PROGRAM WHEN SEEKING RELIEF FROM THE OFF 'STREET PARKING
REQUIREMENTS OF THE AVON MUNICIPAL CODE
WHEREAS, Title 17 of the Avon Municipal Code establishes the Payment in Lieu
Program, the intent of which is to permit exemptions from the off-street parking requirements of
Chapter 17.24.020; and
WHEREAS, the Town provides a parking standard that private development must
comply to on site, or in the alternative as provided for in the designated district, participate in the
Payment in Lieu Program, allowing more efficient land development patterns on private property
and supporting the Town vision of providing public and private parking in partnership;
WHEREAS, the Town has determined that all properties identified in the Town Center .
West District requesting a change in zoning rights from those that exist currently will be required
to participate in this program for all retail, commercial and a percentage of office parking
standards as applicable when seeking relief from parking standards on-site, and that such
exemption is in the interest of the area to be exempted and in the interest of the Town at large;
and
WHEREAS, the adoption of Resolution 05-32'formally repeals Resolution 99-14, which
did not adequately create an exempt parking district to support the specific development goals of
the Town; and
WHEREAS, the Town has determined that exempting the area known as "Town Center
West" (as more specifically described in Exhibit A) from the off-street parking requirements
will contribute to the orderly development of the Town and support the goals and vision of the
Town as adopted in the Town Center Implementation Plan;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO that the Town Council hereby approves the Town Center West
Payment In Lieu Program Exempt District, attached hereto as Exhibit "A".
ADOPTED THIS -1 DAY OF
A . S
Td~rn C erk
Mayor
Exhibit "A" to Resolution 05-32
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Memo
TO: Honorable Mayor and Town Council
Thee Larry Brooks, Town Manager
From: Tambi Katieb, Community Development Direc#ef±- 7
Dale August 3, 2005
Fe: Resolution 05-32, Creation of Town Center West Payment In Lieu
Parking District
Summary:
This memo and proposed resolution follow several discussions staff has had with Council
on the Pay in Lieu Program, the functionality and incentive the program creates for off-site
parking, and whether or not certain aspects of the existing ordinance are still applicable or
require revision.
While several issues cannot be fully answered at this time (i.e. actual construction cost of
the Town Center West parking structure, potential revision to fee structure), staff
recommends that the attached resolution be discussed and adopted so that we are able to
implement the original intent of the program in a timely manner (considering both the
phasing of public improvements currently under draft by Design Workshop and the near
term build out of this area of the Town Center).
Resolution 05-32 was reviewed by the Community Development Committee on July 22nd,
2005. After further discussion by staff it was decided that Resolution 99-14, adopting
exempt zone districts rather than creating a specific geographic district, should be repealed
entirely.
Background:
The Pay in Lieu Program was originally adopted and incorporated into the Town parking
code (contained within the Zoning Title) in 1999. The intent of the program is clear.
"...The Town Council by resolution may exempt designated areas from the off-street
parking requirement of this Chapter if altemadve means will meet the off-street parking
needs of all users in the area."
The ordinance, though providing for an altemative means to exemptions from the off-street
parking standards contained in the Code, was not utilized by previous administrations.
Instead, developments would negotiate parking standards through the development
process (i.e. development agreements or variances).
Memo to Town Council, August 9, 2005 Page 1 of 4
Resolution 05-32, Creation of Pay In Lieu Exempt District
Several notable projects, including the Confluence & Sheraton Mountain Vista, have
successfully vested development rights that included exempted parking standards, without,
contributing to the parking fund established by the Code. 'These reductions were, at least in
part, based on a larger framework of negotiated exactions and rebates between the Town
and Developer, however not meeting the original intent and purpose of the program or the
minimum parking standards of the Zoning Code.
Though the original program was established to work. in concert with .another provision of
the parking code ("Public Facilities"), master planning of the Town Core did not identify or
conclude that a public parking structure was necessary in the Town Center West district
until the adoption of the Town Center Implementation Plan in 2001. .
Several years after the adoption of the Town Center Implementation Plan, and the on-going
design of the public'improvements-identified in that'plan, it is apparent that the Pay in Lieu
Program requires update so that we responsibly deal -with public and private parking in
order to realize the vision of a vibrant Town Center.
To that end, the existing program requires several notable revisions:
1/ Designate the Exempt Area as* the Town Center West District. Though the Pay in
Lieu program was originally adopted in 1999, no specific geographic areas were provided
an exempt designation as required by the program. Rather, the Town Attorney ,at the time
forwarded a, resolution for adoption by Council that provided a `blanket exemption for the
following zone districts:
Planned Unit Development (PUD)
Town Center (TC)
Shopping Center (SC)
Neighborhood Commercial (NC)
Residential High Density Commercial (RHDC)
That blanket exemption was adopted in 1999 through Resolution 99-14 (attached). Though
the ordinance and resolution was modeled after similar programs in both Aspen and Vail,
one critical element- the reauiretiment of participation for projects seeking alternative parking-
was deleted in Avon's program.
Also, the incentive to participate in such a program was not well defined since the specific
location of ,a public structure was not yet identified. Instead, the Town reduced required
parking ratios for several negotiated development projects and did not require or provide
alternative parking off-site.
Staff recommends you discuss the requirement for retail and commercial and a percentage
of office parking to avail itself to the program in this identified district. Direction'should also
be given on whether or not certain types of residential/accommodation uses should. also be
permitted to participate in this program for this District. Both the Aspen and Vail models-do
not limit the types of uses that may participate; only requiring that failure to park on-site per
the' parking ratios mandates participation in the Pay-In-Lieu programs. Those payments are
banked in the parking fund until such time as additional structured parking is required to be
constructed.
Memo to Town Council, August 9, 2005 Page 2 of 4
Resolution 05-32, Creation of Pay In Lieu Exempt District
The proposed resolution would apply to all development, projects in the district boundary
that request new or changed development standards-and also seek relief from the off-street
parking'standards. To be clear, the program provides"for an off-site parking solution and not
a reduction of the minimum parking standards.
After review, I recommend that Council adopt the attached Resolution designating the Town
Center West area as an exempt area, subject to the existing program. This designation, will
effectively close the loop on negotiations related to reduced parking standards and provide
a framework for those discussions that supports public and private parking demands in the
Town cote- a key tenet of the Town Center ImDlementatiori Plan:
Once adopted, We would amend our review of parking standards to include the payment for
retail and commercial components of proposals, also , discussing and making
recommendations through the public process on what percentage of office space and/.or
lodging/accommodations' might be suitable for off-site parking in this district. This
requirement will also be revised in the Town parking code when the ordinance is updated
this fall.
Please keep in mind that as we review the potential for redevelopment'in Town Center East
(the other side of Avon Road) over the next several years, we will likely recommend creation
of a second exempt district in combination with a redevelopment financing vehicle (such as
an Urban. Renewal Authority). Again, creating the exempt district necessitates that we
define the location and construction phasing of a public parking structure that is within the
business district it intends to support.
2/ Re-evaluate the actual cost of Pay in Lieu spaces. Staff has discussed the
adequacy, of the existing fee structure, which adjusted by CPIU from the date, of adoption
currently provides for a cost of approximately $34,000 per space. Discussions with several
local developers provide a range of cost for structured parking anywhere from $24,000 to
$40,000 per space. Additionally, maintenance costs range from $135 to $500 per space on
an annual basis, highly dependent on the extent of air-handling and the size and physical
parameters of the structure.
The existing fee, while within the acceptable range of existing construction costs for both
land value and construction value, should be revised to accurately reflect the cost 'of the
proposed parking structure in the Town Center West district.
Likewise, the fee should represent an incentive to developers to either park their spaces at
the same costs as possible on the projects in this district, or pay for spaces at a , reduced
cost that is not achievable on the project due to physical constraints and a desire to produce
a mutually efficient development project.
At this time, it is premature to speculate on the cost per space of the Town Center West
structure as Design Workshop has just begun the process of schematic design work. It
may very well be that the cost per space (including maintenance) is lower than the existing
costs- again providing incentive to developers to park spaces in our structure rather than
build on their own. The existing parking code provides for maintenance and construction
costs to be negotiated on a case by case basis (Exhibit A attached).
Memo to Town Council, August 9, 2005 Page 3 of 4
Resolution 05-32, Creation of Pay In lieu Exempt District
Financial Implications: The Pay in Lieu program has the potential to offset a significant
portion of the construction and maintenance cost of the first public parking structure in the
Town of Avon. The cost of this structure (and actual per space cost) is dependent on the
schematic design work now being done by Design Workshop and the phasing of design
drawings following this effort.
The estimated cost provided by the Town Engineer is approximately $7 million for a 350-
400 space two level structure immediately adjacent to the Recreation Center.
Recommendation: Staff recommends that you adopt Resolution 05-32, designating the
`Town Center West Exempt Payment In-Lieu Parking District". Creating the shared parking
district is the first step in discussing alternative parking with property owners in this area
while reviewing proposed development plans.
We will prepare and adopt a revised Ordinance for the actual program as necessary once
we have determined the physical, cost and phasing considerations of this structure. Until
that time, the existing fee and program will remain intact.
Town Manager Comments:
Attachments:
A: Section 17.24.030 "Pay in Lieu Program" & "Public Facilities" portions of AMC.
B: Resolution 05-32 designating the `Town Center West Payment In-Lieu Parking District",
including Exhibit A.
C: Resolution 99-14 Exempting Areas from the off-street Parking Requirements of Chapter
17.24.
Memo to Town Council, August 9, 2005 Page 4 of 4
Resolution 05-32, Creation of Pay In Lieu Exempt District
Off-Street Parking Table (cont'd)
(4) Education Land Uses
Minimum Requirements
a. Nursery schools and day care centers
2/1000 sq. ft. GFA
& Elementary and junior high schools
1/employee
c. Senior high schools'
1/employee plus ]/each 6 students based on design
capacity
d. Trade schools
1/each 2 students
(5) Medical Land Uses Minimum Requirements
a. Doctors' offices, including optometrist, medical, 5/1000 sq. ft. GFA
dental, chiropractor, chiropodist and all others
b. Hospitals
(6) Public Buildings
a. Auditoriums, theaters, stadiums and arenas
b. Museums and libraries
c. Public utilities companies
Other Land Uses
a. Churches
b. Clubs and lodges
c. Other uses
]/bed
Minimum Requirements
1 /4 seats
4/1000 sq. ft. GFA
3/1000 sq. ft. GFA
Minimum Requirements
1/each 3 seats pro vided in main seating area
511000 sq. ft. GFA
As determined by zoning administrator
(d) . Payment-in-Lieu Program.
(1) Designation 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 Town 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 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 applieation 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 maybe appealed to the Town Council.
b. Approval. Approval of an application for payment in lieu shall be at the discretion the
Town.
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 fast 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. (Ord. 04-12 §9; Ord. 99-05 §1; Ord. 91-16
§ 1; Ord. 91-10 § I (part))
17.24.030 Off-street loading.
(a) General requirements.
(1) Location. All required. loading berths shall be located on the same lot as the use served. No
permitted or required loading berth shall be located within thirty (30) feet_ of the nearest point of
intersection of any two (2) streets. No loading berth shall be located in a required front yard.
(2) Size. Unless otherwise specified, a required off-street loading berth shall be at least twelve
(12) feet in width by thirty-five (35),feet in length, exclusive of aisle and maneuvering space, and shall
have a vertical clearance of at least fifteen (15) feet.
(3) Access. Each required off-street loading berth shall be designed with appropriate means of
vehicular access to a street or alley in a manner which will least interfere with traffic movement, and
shall meet standard Engineering Department specifications. All driveways servicing off-street loading
berths shall be in accordance withapplicable Town driveway standards.
(4) Utilization.— Space allocated to any off-street loading use shall not, while so allocated, be
used to satisfy the space requirements for any required off-street parking facilities or portions thereof.
(5) Central loading. Central loading facilities may be substituted for loading berths on individual
lots, provided the following conditions are fulfilled:
a. Each lot served shall have direct access, to the central loading area without crossing streets or
alleys at grade. "
b. Total off-street loading berths provided shall meet the minimum requirements herein
specified, based on the sum of the several types of uses served.
(6) Minimum facilities. Uses for which off-street loading facilities are required herein, but which
are located in buildings of less floor area than the minimum prescribed for such required facilities,
shall be provided with the adequate receiving facilities accessible by motor vehicle off any adjacent
alley; service drive, parking lot•or open space located on the same lot.
(b) Specific requirements. The minimum amount of off-street loading or unloading space to be
provided shall be as follows:
Land Use Gross Floor Area
Floor Area Requiring Floor Area Requiring an Floor Area Requiring
One 12'x 35' Berth Additional 122' x 35' Berth 12' x 55' Berth
(1) Residential: Multifamily Dwellings As determined by the Planning and Zoning Commission
(2) Office - Institutional - Educational:
vertical clearance of at least seven and one-half (7.5) feet, a minimum width of nine (9) feet and a
depth of eighteen (18) feet for ninety degree (90°) parking. All spaces exposed to the weather shall be
marked with yellow striping at least once a year.
(4) Access. Except on lots accommodating single-family or duplex dwellings, each off-street
parking space shall open directly upon an aisle or driveway of a width of twenty-four (24) feet for
ninety-degree parking and design meeting standard Town specifications. All off-street parking
facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner
which will least interfere with traffic movement, and all such points of access must be approved by the
Town Engineer.
(5) Shared parking provisions.
a. Private facilities. Off-street parking facilities for separate uses may be provided collectively
if the total number of spaces so provided is not less than the sum of the separate requirements
governing location of accessory parking spaces in relation to the use served and adhered to.
Further, no parking space or portion thereof shall serve as a required space for more than one (1)
use unless otherwise authorized by the Planning and Zoning Commission.
b. Public facilities.
1. Where the Town has constructed or proposes to construct public off-street parking
facilities, the Town Council may, by resolution, establish a shared parking district within the
boundaries of an area set forth by the resolution. When such a shared parking district has been
established, all, or a part, of the private off-street parking spaces required within the parking
district may be provided by a public off-street parking facility located within said district.
Prior to property owners within the established parking district being allowed to so reduce the
number of private off-street parking spaces, such owners shall submit, and the Town Council
must approve, a parking and site development plan for the affected properties within the parking
district. Such plan shall show proposed development of the area and how the total number of
required off-street parking spaces will be provided by the use of public and private facilities. In
addition to an approved parking and site development plan, the Town Council may, as it deems
necessary and appropriate, require formal agreements with the property owners concerning land
dedications and easements, participation in construction and maintenance costs of the public
facilities and other related matters. Subsequent to formal execution of agreements and
availability of the parking facilities, property owners may reduce the number of private off-
street spaces required in accord with the approved parking and site development plan.
2. The total number of off-street parking spaces provided by the combined public and
private facilities within the shared parking district shall not be at any time less than the number
required by this Section.
(6) Reduction in parking requirements for mixed-use projects. Notwithstanding the provisions of
Subsection (c) hereof, the minimum parking requirement for a mixed-use project shall be determined
by the Planning and Zoning Commission as part of its review of any plan for development and shall be
calculated as follows:
Main level - 5.5 spaces/1,000 square feet;
Additional levels, including basements - 4.0 spaces/1,000 square feet;
Residential - in accordance with Section 17.24.020(c)(1);
0(gie~t 5
TOWN OF AVON'
RESOLUTION NO. 05-321.,
SERIES OF 2005
A RESOLUTION DESIGNATING THE TOWN CENTER WEST
PAYMENT-IN-LIEU PARKING DISTRICT AND REQUIRING THAT
RETAIL,COMMERCIAL AND, LIMITED OFFICE, COMPONENTS, OF
DEVELOPMENT PROPOSALS PARTICIPATE IN THIS PROGRAM
WHEN SEEKING RELIEF FROM THE OFF-STREET PARKING
REQUIREMENTS OF THE AVON MUNICIPAL CODE
WHEREAS, Title, 17 of the Avon Municipal Code establishes the Payment in Lieu
Program, the intent of which is to permit exemptions from the off-street parking requirements of
Chapter, 17.24.020;, and
WHEREAS, the Town provides a parking standard that private development must
comply to on site, or in the alternative as provided for in the designated district, participate in the
Payment in Lieu Program, allowing more efficient land development patterns on private property
and supporting the Town vision of providing public and private parking in partnership;
WHEREAS, the Town has determined that all properties identified in the Town Center
West District requesting a change in zoning rights from those that exist currently will be required
to participate in this program for all retail, commercial and a, percentage of office parking
standards as applicable when seeking relief from parking standards on-site; and
WHEREAS, the Town has determined that exempting the area known as "Town Center
West" (as more specifically described in Exhibit A) from'the off-street parking requirements
will contribute to the orderly development of the Town and support the.goals and'vision of the
Town as adopted in the Town Center Implementation Plan;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO that the Town Council hereby approves the Town Center West
Payment In Lieu Program Exempt District, attached hereto as Exhibit "A".
ADOPTED THIS DAY OF , 2005.
TOWN COUNCIL
TOWN OF AVON, COLORADO,
Mayor
ATTEST:
Town Clerk
11
Exhibit "A" to Resolution 05-32
4 ` s Beaver Blvd.
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RESOLUTION NO. 14
SERIES OF 1999
,~CET P~~G ~QUIR~EMENT OF
A RESOLUTION OF THE TOWN OF FF ON,
OFF-STREET
DESIGNATED AREAS FROM THE
CHAPTER 17.24.
WHEREAS § 17.24.020(D) of the Avon Code provides that the Town Council may of C
apter 17-24 exempt designated areas from the off-street parking requirement users inhthe exempted area, and
alternative means will meet the off-street parking needs of all
WHEREAS the Council finds that exempting the following ~~well designated areas from the
interest of the
off-street parking requirements is in the interest of those
Town at large,
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. In accordance with and pursuant to ~ § of 17.24.020() of the the CodeDand as shown on the the
following zoning districts, as defined in Chapter 17.
official zoning map of the Town of Avon (as amended), are hereby
Planned exemp e td from mthe off
Unit -
street parking requirements of Chapter 17.24 of the Code: containing any commercial use (PUD); Town Center (TC); Shopping Center (SC);
Neighborhood Commercial (NC); and Residential High Density and Commercial (RHDC).
ADOPTED this 27 day of April 1999.
TOWN OF AVON, COLORADO
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