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HomeMy WebLinkAboutFirst Reading O-10-05 Modifying Parking Requirementsr CITY OF SEA` ....„,„-. HOME OF PELICAN ISLAND Subject: First Reading of Ordinance 0-10- Agenda No. 10. 1 0.7 05 modifying the Parking Requirements in the Land Development Code section 54-3-15. Department Origin: Growth Management City Manager: A, i r' ,ed for Submittal by: City Manager City Attorney: City Clerk:di . • lain er Date Submitted: August 31,2010 For Agenda of: September 8, 2010 Exhibits: Ordinance No. 0-10-05 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY Ordinance 0-10-05 is attached for your consideration and is proposed to modify the City's parking requirements (Sec. 54-3-15 of the Land Development Code). At their meeting on July 14th, City Council directed staff to propose changes to the development regulations that would provide a broader range of options and encourage redevelopment in the City's riverfront district. City Council has requested that these changes be made in ninety (90) days. These changes were provided first to the Local Planning Agency (the Planning and Zoning Commission) for their review on Thursday, August 19, 2010. The LPA forwards a favorable recommendation on the document and recommended several modifications to the text that are incorporated into this version presented for City Council review. Proposed changes to the code are shown in underlined text for additions, while deletions are shown in strikethrough format. The changes are primarily: 1) Modification to the existing off site parking requirements. Off-site parking spaces are utilized to create parking on adjacent property to assist a business in meeting their parking needs. Several businesses utilize this tool, and the Code currently limits the amount of off site parking to 25% and within 300 feet. Staff is recommending these limits be increased from 25% to 50% and 300 feet to 500 feet. These proposed numbers reflect the code requirements for the City of Vero Beach and Indian River County. The LPA discussed how the 500 feet is measured and recommended that the distance be measured from property line to property line. r 2) Creation of a Parking-In-Lieu-Of Fund. The purpose of the fund is to provide developers with an alternative to providing on site parking by allowing developers to pay into a fund that will be earmarked for public parking improvements. The Parking-In-Lieu-Of Fund would be an option for any business or developer that is required to provide parking due to new construction, changes in use that require additional parking, or an addition to the building that would expand the existing parking needs. It should be noted that any existing business that is currently operating will not be required to provide or purchase additional parking. This program will provide an alternative to on site parking for developers and business owners that accomplish the following: • Provide the developer or business owner with greater flexibility in site design and layout by reducing the need for on site parking; • Aesthetic improvements to the overall street design and pedestrian view by replacing surface parking lots with buildings and landscaping; • Provide a funding source to complete public parking projects and to provide maintenance and informational materials. This option is available to commercial properties within the Commercial Riverfront (CR) and Commercial Waterfront Residential (CWR) districts only. This program cannot be utilized to meet the parking requirements of residential properties. Cities with active commercial, waterfront business districts have adopted similar programs. In summary: • Allow up to 50% (with a cap of 30 spaces) of the required parking spaces to be provided through on street parking and parking in City owned parking lots within the Riverfront district (FEC RR to the River); together with and tied to a public parking space fund. • Apply to all commercial uses, not residential uses • This would provide equity to all existing or proposed businesses/sites. • Provides opportunity for smaller existing (pre-code) buildings with virtually no parking and little remaining land area for parking to redevelop or change use (ie: from residential to retail, or office to retail, or retail to restaurant) • Existing code compliant business —this proposed change would permit a existing conforming business to pay for public spaces, allowing it to expand building area, or change all or a portion of its uses to a more intense use (office to retail, retail to restaurant). • Any existing business that is currently operating as a conforming business and meets their parking needs will not be required to pay a fee. • The public parking that a business has chosen to pay for is not assigned or reserved, it is non-exclusive. The Parking In Lieu of Fund would be set up as a segregated account and any funds collected are to be utilized for actual costs of parking: land acquisition or acquisition of parking facilities, construction, public information (wayfinding or directional signage), and planning and engineering. The cost per space is determined by dividing the costs of recent parking lot construction by the amount of spaces provided yielding a cost of $3,200 per space. This figure reflects costs the City has expended recently for Main Street parking improvements and estimated costs for improving the C.A.V. Corp. lot. Procedurally, following the recommendation for approval from the Local Planning Agency (LPA), the City Council will review the proposed Ordinance at two meetings (known as first and second reading). At the second reading, conduct a public hearing to gather input from residents and businesses. The associated fee will be established by Resolution of the City Council at second reading, coincidental with the adoption of the ordinance. RECOMMENDED ACTION Approve Ordinance 0-10-05 on first reading; and set second reading and public hearing on this item for September 22, 2010. ORDINANCE NO.0-10-05 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-3-15 REGARDING PARKING REQUIREMENTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council finds it is in the public interest to modify certain provisions of the off-street parking code;and WHEREAS,the Local Planning Agency held a public hearing on August 19, 2010, and made a recommendation to City Council to approve Ordinance 0-10-05. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN,INDIAN RIVER COUNTY,FLORIDA,as follows: Section 1. That the Code of Ordinances,City of Sebastian,Florida, is hereby amended as follows: I ARTICLE XV. OFF-STREET PARKING REQUIREMENTS (Formatted:Strikethrough Sec. 54-3-15.1. Applicability. Parking shall be provided and maintained in all districts at all times. marking and loading (Deleted:The off-street p shall be reviewed at the time any building or structure is erected or enlarged or increased in capacity by a change of use or the addition of dwelling units, floor area, seats, employees or other factors determinative of parking or loading demand as stated in this article. Sec. 54-3-15.2. Parking spaces required by use. The following uses shall have such parking spaces as designated by this section: TABLE INSET: Use Required Parking Auto sales. One space per 500 square feet of showroom and office space plus one space per 2,500 square feet of outdoor display area. Two spaces for each bay,grease rack or similar facility,plus one Auto repair. space per 400 square feet of office and/or sale area.No such bay, rack or similar facility shall be counted as a parking space for meeting the parking requirements of this article. Bar and lounges One space for each three persons based on the maximum capacity. Bowling lanes. Four spaces per lane plus the spaces otherwise required for accessory uses(restaurant and meeting rooms). Business and professional offices(excluding medical One space for each 200 square feet of office space. offices). Child care. One for each five children based on licensed capacity. Churches,temples,places One space for every four seats figuring maximum seating of worship. capacity. Convenience stores. One space per 150 square feet of retail area. Flea markets. Three spaces per booth Funeral homes. One space for every three seats within the chapel(s)plus one space per 300 square feet of all other building areas. Furniture and appliance stores and furniture repair One space per 400 square feet of display area. shops. Health clubs. One space per 200 square feet. Hospitals. Two spaces for each bed intended for patients,excluding bassinets. Hotels,motels One space for each unit plus one space for each 400 square feet of accessory meeting room(s). Kennels and animal One space per 750 square feet. hospitals. Libraries One space for each 300 square feet of gross building area. One space for each 500 square feet of gross building area or one Manufacturing,and space for each employee of the shift of employees that employs wholesale. the greatest number of employees,whichever is greater,plus one space for each vehicle operating from the premises. One space for each 300 square feet of principal building; plus one parking space for each transient live-aboard vessel slip,one space for every two wet slips,and one space for every four dry slips; Marinas. plus Charter and party boats shall have one(1)parking space for every three occupants based on the maximum capacity of each such boat in accordance with the Coast Guard License issued to each such boat(This does not include"six-pack"boats"),which shall be calculated at two spaces per boat;plus Rental facilities for vessels,kayaks,canoes,rowboats,paddle boats,sailboat and sailboards of any kind,(hereinafter collectively referred to as"water transports")shall maintain one space for every water transport. Medical offices,dental offices and outpatient One space for each 175 square feet. clinics. Mini-storage. One space plus one per 3,000 square feet. Model home Five spaces. Museums. One space for each 300 square feet of gross building area. Nursing homes and assisted 0.6 spaces per bed based on the maximum capacity of the care facilities. building;plus one space per 200 square feet of medical offices within the facility. One space per 250 square feet of indoor retail sales area plus one Plant nurseries space per 1,000 square feet of greenhouse area plus one space per five thousand 5,000 square feet of exterior sales area. Areas of public assembly, theaters, auditoriums, One space for every three persons figuring maximum occupancy. public or private clubs or lodges. Parks--two spaces per acre. Athletic fields-20 spaces per field. Stadiums-one space for each four seats;one seat is equal to two Public Parks and recreation feet of bench length. Golf courses-five spaces per hole plus the spaces otherwise required for accessory uses(restaurant and meeting rooms). Swimming pools-one space per 100 square feet of pool surface area. Tennis-two spaces per court. Residential,single-family Two spaces for each single-family dwelling. Residential,duplex Two spaces for each dwelling unit. Residential,multifamily Two spaces for each dwelling unit. Residential,mobile home Two spaces for each single-family dwelling. Residential,commercial resort One space per unit. Residential,mobile home Two spaces per unit;one must be at lot site. parks or courts. One and one-half spaces for each 100 square feet of gross floor Restaurants(sit down). area(excluding food preparation area),including outside customer {Deleted:area service areas. Restaurants(take out only) Three parking spaces plus one additional space for each 200 square feet of gross building area. Restaurants(food service One parking space for each 200 square feet of gross building area. delivery only,no on-site consumption) Ones ace per 150 square feet for buildings<=5,000 000 s uare feet. Retail sales stores. One space per 200 square feet for buildings>5,000 and<= 10,000 square feet.One space per 250 square feet for buildings> 10,000 square feet. Schools,junior high and One space for each ten students. elementary schools. Schools, high schools. One space for each four students. Transportation terminals. One space for each 200 square feet of floor space. One space for every 1,000 square feet of gross floor area up to Warehousing. 10,000 square feet,and one additional space for each 2,000 square feet above 10,000 square feet. Sec. 54-3-15.3. Computation of parking spaces. In computing the number of required parking spaces the following rules shall govern: (a) Floor area calculation. Floor area means the gross floor area of a particular use. Retail area means that floor area accessible by the public. (b) Interpretation of computation with fractions. Where fractional spaces result, the number of spaces required shall be construed to be the next whole number. (c) Requirements for uses not identified. The parking requirement for any use not specified shall be the same as that required for a use of a similar nature as recognized herein; or where not recognized herein, shall be based on criteria published by the American Planning Association or similarly recognized standards of their profession and such standard shall be approved by the planning and zoning commission. (d) Requirements for mixed uses. In the case of mixed uses, the parking spaces shall be equal to the sum of the several uses computed separately. (e) Applicability of standards to expanding uses. Whenever a building or use is enlarged in floor area, number of dwelling units, seating capacity or in any other manner so as to create a need for a greater number of parking spaces than that existing, such spaces shall be provided in accordance with this article. Sec. 54-3-15.4. . Perking require m ents. {Formatted:Strikethrough (a) Location of off-street parking spaces. Deleted:p Sf (1) Residential. The required parking for single-family and duplex units shall be located on the lot where the structure is located. The garage shall not be counted toward the parking requirement. (2) Multifamily. Parking for multifamily residential uses shall be located on-site. Spaces shall be I within 150 feet of the door of the unit that the spaces are intended for. (3) Model homes. The required parking for a model home shall be located on the same lot as the model, or on a contiguous lot, owned by the contractor or developer, or may be located in the adjacent right-of-way if approved by the city engineer. All parking shall meet the following I requirements: a. Any parking located on a corner lot shall be designed so as not to obstruct- {Formatted:Indent:Left: 1" the view of approaching traffic. b. Ingress and egress to the parking area shall be a minimum of 30 feet from any corner and a minimum of 10 feet from any property line. c. The driveway may be counted for two parking spaces. (4) Commercial jpstitutional, Industrial zoning districts. ,Off-street parking spaces re quired by {Deleted:, this section shall be located on or adjacent to the lot on which the main building or use is Deleted:i located. For buildings or uses located in a•ommer district, parking spaces cial non-residential district {Deleted:i may be located on another site, provided such site is not more than 3OO 500 feet tram-the if the full amount of the required facilities cannot be provided on the Deleted:. same parcel of land This shall be measured from the property line of the development to the Formatted:Strikethrough property line of the off site parking area. No more than?5% 50% of the total required spaces Formatted:Strikethrough may be located in the off-site facility. Such parking spaces shall be within a commercially non- Formatted:Strikethrough residentially zoned district. Such sites can not be separated by streets of a major collector,per Deleted: as the structure because :_: _ _ : .-:- -- _ .- _- •:• roadways with more than two lanes or by a railroad right-of- ' the existing structure(s)consume way. Parking sites located across public streets may require safeguards as determined by the space that would otherwise be _ --- - _ av ailable for parking.Panning and Zgning Cgnmission. • •- -- • •.. " __ _ __-._. • - •- Formatted: t ri e th r ough • - -_ o _• _ --- .- _ _ - -_- - -- • •••• •_ _ .- Formatted:Strikethrough -- - -- - - - -- - •- - - •• -- • -- • =• -- : • l Formatted:Strikethrough mod. (Deleted:p Any sites utilizing off-site parking shall execute a cross access agreement by all parties having a legal interest in the property(s) covered. Said agreement shall be provided at the time of site Deleted:zo plan application for the properties affected. The easement agreement shall provide for the Deleted:co perpetual access and use of the adjacent property's parking spaces and driving aisles. The Formatted:strikethrough easement agreement must be approved as to legal form and sufficiency by the City Attorney. The easement agreement must be recorded in the public records prior to the approval of the project site plan or in cases where no site plan approval is necessary (applicable), prior to issuance of a building permit.. Deleted:¶ (5) Within the Commercial Waterfront Residential and Commercial Riverfront zoning districts the following shall apply: a. Increases to the floor area of an existing building, construction of a new building having greater floor area or a change to the approved uses in an existing building, the parking requirements of this section are in effect. In lieu of meeting these requirements, owners or developers in the Community Redevelopment Area (CRA) shall be allowed to pay a fee reflecting the actual cost of providing parking. (i) Establishment of Riverfront Parking Trust Fund. The Riverfront Parking Trust Fund is [Formatted:Indent:Left: 0.38" hereby established to receive the fee paid by developers in lieu of providing on-site parking necessary for a project and shall be used only to develop and maintain public parking within the Community Redevelopment Area east of the Florida East Coast railroad tracks.This program is available to commercial uses and properties within the Commercial Riverfront(CR) and Commercial Waterfront Residential (CWR)districts only. (ii) Establishment and Calculation of Trust Fund Spaces. The fee amount shall be calculated on a "per space" standard. Fees shall be determined by the City based upon the cost of design and construction per parking space. If the City purchases additional land to be utilized as public parking, then the costs shall include the acquisition costs. These fees will be adopted by the City Council and may be amended from time to time by resolution. (iii) Maximum Quantity Established. A maximum of fifty (50%) per cent of the parking (Formatted:Indent:Left: 0.38" required by the city code for development located within the CRA must be provided on site or meet the criteria for off-site parking. The maximum number of spaces that may be purchased in this program is 30 per development. (iv) Non Exclusive Use. Any public parking utilized in this program is not assigned to a business or to be reserved in any manner. Participating in this program confers no rights upon the business. to place any advertisement, notices or signage upon the parking (Formatted:Font:Arial spaces. The City expressly retains all such rights. (Formatted:Font:Arial (v) Residential and Multi Family uses are excluded from utilizing the Parking Trust Fund to (Formatted:Indent:Left: 0.38" meet their parking requirements. (b) Joint use. A single parking area may be used to service more than one establishment if the normal hours of operation of the establishments do not overlap. If a single parking area is so used, additional parking may be required as a condition of continued occupancy at any time the hours of operation of the establishments are altered to run during any concurrent period. Any joint use of parking spaces on a prorated basis must have a document of joint use signed by all I parties concerned and approved as binding by the city attorney. (c) Historical structures. When the parking standards are applied to an historic structure and such requirements would detrimentally affect the historic character of the property, the planning and zoning commission may reduce the parking requirement. A maximum reduction of 1 space or ten percent of the total parking spaces required,which ever is greater, may be permitted.The planning and zoning commission shall find that a reduction in parking will not create a I hazardous condition or detrimentally affect traffic movement. (d) Specimen or historic trees. A maximum reduction of one space or ten percent of the total number of parking spaces required,whichever is greater, may be permitted to save specimen or I historic trees. Sec.54-3-15.5. Parking areas not to be reduced in area. Areas designated for off-street parking or loading in accordance with the requirements of this code shall not be reduced in area or changed to any other use unless the permitted use which it served is discontinued or modified, except where equivalent parking or loading space is provided and approved pursuant to article XVIII, Site Plan Review.