Item 13-D Parking (TC)
LAND DEVELOPMENT ORDINANCE - TEXT AMENDMENTS – Round 13
Item # 13D PARKING
Town Council Meeting - January 14, 2010
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13D-1 Front-Yard Parking |
Background and History
An amendment to place limits on parking in the front yard of residential lots was initiated at the direction of Town Council in response to complaints related to property values, stormwater and nitrogen runoff, mud and dirt accumulating on roadways, additional traffic, and general impacts on residential neighborhood character.
The initial draft of this amendment was included in LDO Amendment Round 12, and was presented at a public hearing on February 26, 2009. Key aspects of the initial draft included the following:
• no more than 30% of the front yard of single-family and duplex lots could be used for parking
• an improved parking surface would be required, except for short-term parking (defined as up to 14 consecutive days.)
After the February 26 public hearing, the item was referred to the Planning and Zoning Board for a recommendation. The Planning and Zoning Board discussed the proposed amendment at worksessions in March and April of 2009, and recommended several changes. Changes included allowing two vehicles on an unimproved surface, with all others in the front or side yard on an improved surface.
Staff modified the original draft amendment in response to concerns and recommendation of the Town Council and P&Z Board, and incorporated concepts from a similar Ordinance adopted by the City of Raleigh in 2009. The current draft seeks to address the initial concerns by limiting front-yard parking while accommodating needs of residents and taking enforcement issues into consideration.
The revised amendment was added as an item in LDO Amendment Round 13 and a new public hearing was conducted on October 22, 2009.
Process and Actions to Date
Town Council Public Hearing
The Town Council public hearing was held on October 22, 2009. Town Council member Don Frantz expressed his preference for stronger protections, but acknowledged that the parking needs of residents and enforceability of the provisions should be taken into account.
Planning and Zoning Board Worksession
There were several questions regarding applicability to existing lots and how staff would determine which lots were eligible to have two unimproved parking spaces. Several board members supported complaint-driven enforcement to focus staff resources on parking situations known to have a negative impact on other property owners. Other members expressed concern that this reactive approach would be viewed as selective enforcement with certain properties being singled out for action.
There was also discussion concerning the purpose of the amendment. Some members favored addressing environmental issues such as erosion and stormwater run-off, but did not believe aesthetics should be an issue. Others believed that aesthetic considerations and impact on property values was a valid purpose for the amendment, and the amendment would provide an option for residents in neighborhoods not protected by a homeowner’s association.
Changes Since Planning and Zoning Board Work Session
Staff revised the text to apply proposed Section 5.3.4(K) to any yard with street frontage, not just front yards.
Staff Recommendation
Staff recommends approval of the proposed amendment. Recognizing potential issues related to enforcement, staff intends to monitor activities related to implementation of the amendment for a period of one year, or other time period as may be found appropriate. If there are enforcement issues, then staff will report its findings to the Town Council.
Planning and Zoning Board Meeting and Recommendation
On December 21, 2009, the Planning and Zoning Board recommended approval of the proposed amendment by a vote of 7-0.
Proposed Text
7.8.2(C) Development and Design Standards - Computation of Off-Street Parking Space Requirements
(8) Residential Parking
(a) Driveways may be used to satisfy minimum on-site parking requirements, provided that sufficient space is available to prevent vehicle encroachment onto sidewalk and/or into adjoining vehicular travel lanes.
(b) Parking for single-family and duplex units shall be considered an accessory use subject to requirements of Section 5.3.4(K)
5.3.4(K) Accessory Uses and Structures Allowed – Yard Parking on Single-Family and Duplex Residential Lots
(1) Vehicular parking area shall not exceed either of the following:
(a) 40% of any streetyard; or
(b) Three hundred and thirty (330) square feet plus:
i) an area equal to the linear depth of the front yard multiplied by fifteen (15) feet; or
ii) a circular or semi-circular driveway, not to exceed a width of fifteen (15) feet, with no more than two (2) access points on the street; or
iii) a combination of i) and ii) above
(2) Vehicular parking area shall be located in clearly delineated space(s) on an improved surface such as concrete, asphalt, gravel or other non-eroding material, with the following exception:
(a) Up to two vehicles may be parked on an unimproved surface on lots recorded and developed prior to [effective date] provided that said parking is parallel to the driveway.
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PRINCIPLES OF INTERPRETATION |
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Section 5.3.4(K) is not intended to apply to parking for a short duration, such as for deliveries, visitors, and infrequent social events. |
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13D-2 Parking in Town Center |
Background
Currently the LDO allows for off-street parking requirements to be satisfied through alternative arrangements that include shared parking and off-site parking. Currently the location of these alternative parking areas must be within 500 feet of the primary entrance to the use served by the spaces. The proposed amendment would extend this distance in the Town Center zoning district to 1200 feet (about 1-1/2 blocks) for uses classified as public/institutional, and 800 feet (about 1 block) for other uses.
The availability of parking is a key factor in downtown development and redevelopment. Previous studies for the Cary’s downtown, including TCAP, the Streetscape Plan, the Town Center and Civic Study, and particularly the recently completed Downtown Parking Strategic Implementation Plan acknowledged the need for additional parking. The proposed amendment would provide more flexibility in the siting of parking areas relative to the use served, while maintaining a reasonable walking time of about five minutes.
Process and Actions to Date
Town Council Public Hearing
The Town Council public hearing was held on October 22, 2009. There were no comments or discussion on this item at the public hearing.
Planning and Zoning Board Work Session
There was discussion concerning the meaning and applicability of existing Section 7.8.3(B)(3)(d) – (Approval Criteria for Off-site Parking,) and it was suggested that revision of the text may be helpful to clarify its meaning. It was also noted the location standard for shared parking for uses other than public/institutional uses in the Town Center [proposed Section 7.8.3(A)(1)] should be the same as standards applicable for off-site parking [proposed Section 7.8.3(B)(1)(a)].
Changes Since Planning and Zoning Board Worksession
The proposed text for Section 7.8.3(A)(1) (Shared Parking – Location) has been modified to provide consistency with the wording for proposed Section 7.8.3(B)(1) (Off-site Parking – Location) Section 7.8.3(B)(4) (Off-site Parking – Location) has been revised to clarify that a shared parking study and shared parking plan are required if the land on which the principal use is located and the land on which the off-site parking is located are owned by the same person or entity.
Staff Recommendation
Staff recommends approval of the proposed amendment.
Planning and Zoning Board Meeting and Recommendation
On December 21, 2009, the Planning and Zoning Board recommended approval of the proposed amendment by a vote of 7-0.
Proposed Text
7.8 Development and Design Standards - Off-Street Parking and Loading
7.8.3 Parking Alternatives
(A) Shared Parking
The Planning Director may approve shared parking facilities for developments or uses with different operating hours or different peak business periods if the shared parking complies with all of the following standards:
(1) Location
Shared parking spaces must be located within 500 feet of the primary entrance of all uses served, unless remote parking shuttle bus service is provided. Shared parking spaces must not be separated from the use by a thoroughfare or collector roadway. In addition, adequate and safe pedestrian access must be provided from and to the shared parking areas
a) Where the principal use is located in the Town Center Zoning District, shared parking facilities shall be located within 1200 feet of the main entrance of the principal use for uses classified as Public/Institutional in Table 5.1-2, and 800 feet from the main entrance of the principal use for all other uses in the Town Center unless remote parking shuttle bus service is provided.
(b) Where the principal use is located in any zoning district other than the Town Center District, shared parking facilities shall be located within 500 feet of the main entrance of the principal use unless remote parking shuttle bus service is provided. In addition, adequate and safe pedestrian access must be provided from and to the shared parking areas.
(2) Zoning Classification
Shared parking areas must be located on a site with the same or a more intensive zoning classification than required for the primary uses served.
(3) Shared Parking Study
Those wishing to use shared parking as a means of satisfying off-street parking
requirements must submit a shared parking request to staff that justifies the feasibility
of shared parking. Justification should include information on the size and type of the
proposed development, the composition of tenants, the anticipated rate of parking
turnover, and the anticipated peak parking and traffic loads for all uses that will be
sharing off-street parking spaces.
(a) The maximum reduction in the number of parking spaces required for all uses sharing the parking area shall be 35 percent.
(b) Directional signage which meets the requirements of this Ordinance must be added to direct the public to the shared parking spaces. It is preferable for the employees of an establishment to utilize these spaces.
(4) Agreement for Shared Parking
A shared parking plan will be enforced through written agreement among all owners of record. An attested copy of the agreement between the owners of record must be submitted to the Planning Director for recordation. Recordation of the agreement must take place before issuance of a building permit for any use to be served by the shared parking area. A shared parking agreement may be revoked only if all required off-street parking spaces will be provided in accordance with the requirements of Table 7.8-1.
(B) Off-Site Parking
If some or all of the off-street parking spaces required by this section cannot reasonably be located on the same lot as the principal use, then such spaces may be provided on land located: within 500 feet of the main entrance to such principal use located on a separate parcel(s) as follows:
(1) Location
(a) Where the principal use is located in the Town Center Zoning District, off-site parking shall be located within 1200 feet of the main entrance of the principal use for uses classified as Public/Institutional in Table 5.1-2, and 800 feet from the main entrance of the principal use for all other uses in the Town Center.
(b) Where the principal use is located in any zoning district other than the Town Center District, off-site parking shall be located within 500 feet of the main entrance of the principal use.
(2) Measurement
(the The required maximum 500-foot separation of the use from the parking shall be measured from the main entrance to the nearest parking lot space following a reasonable and safe walking route), provided that:
(3) Approval Criteria
(1)(a) The land on which the parking facilities are provided is shall be owned by the same person or persons as the principal use.
(2)(b) Such land is not shall not be separated from the principal use by a thoroughfare or collector street unless both the use and the parking area are shall be located within the Town Center District or are specifically approved by Council based on safe pedestrian crosswalks linking the parking with the principal use.
(3)(c) Such land is shall be located in a zoning district within which the principal use would be allowed as a permitted or special use.
(4)(d) Such land shall be used for no other purpose than to provide parking for the principal use., unless a shared parking study is submitted per Section 7.8.3(A)(3) and a shared parking plan is approved and recorded per Section 7.8.3(A)(4).
(5)(e) There is shall be a pedestrian walkway or sidewalk connecting the parking area to the use it serves.
(6)(f) The provision for off-site parking, whether the spaces are new or existing, shall be indicated and reviewed as part of the site plan approval process.
(C) Parking Structures
The off-street parking required by or provided under this section may be located in a parking structure, whether on the same or on a different lot than the uses which it serves. Ground floor parking provided in a parking structure shall be screened, insofar as practicable, from surrounding uses and from public view. In addition, for uses located on the same lot as the structure, the conditions required under subsection 7.8.3(A) above shall apply. For uses located on a different lot as the structure, the conditions required under subsection 7.8.3(B) shall apply.
(D) Valet and Tandem Parking
The Planning Director may approve an off-street parking program utilizing limited tandem parking for commercial and industrial uses provided that the development requires 75 or more parking spaces. No more than 30 percent of the total number of spaces shall be designated as tandem. In addition, a valet parking attendant must be on duty during business hours
(E) Other Eligible Alternatives
The Planning Director may approve any other alternative to providing off-street parking spaces on the site of the subject development if the applicant demonstrates to the satisfaction of the Director that the proposed plan will protect surrounding neighborhoods, maintain traffic circulation patterns, and promote quality urban design to at least the same extent as would strict compliance with otherwise applicable off-street parking standards. The Planning Director may approve different parking requirements for mixed use projects. The different parking requirement must be based on studies and documentation validated by national studies and/or research and recommendations from nationally accredited institutions.
