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HomeMy WebLinkAboutChapter 26.515 - ParkingChapter 26.515 OFF-STREET PARKING Sections: 26.515.010 General provisions 26.515.020 Characteristics of off-street parking spaces 26.515.030 Required number of off-street parking spaces 26.515.040 Special review standards 26.515.050 Cash -in -lieu for mobility enhancements 26.515.010 General provisions A. General requirements. All development shall be provided with off-street parking as provided in this Chapter. B. Requirements for expansion/redevelopment of existing development. No development shall reduce the number of existing off-street parking spaces below the minimum number of existing spaces required herein for that development, unless expressly exempted by this Chapter. If existing development is expanded, additional off-street parking spaces shall be provided for that increment of the expansion as if it is a separate development. An existing deficit of_parkin maybe maintained when a property is redeveloped. C. Off-street parking calculation. All requirements for off-street parking for residential dwellings and lodges shall be calculated based on the number of units. Requirements for off-street parking for commercial uses shall be calculated based on the net leasable area of the structure or use. Requirements for all other land uses not considered residential, lodging or commercial shall be established by special review. D. Required number of spaces when fractional spaces computed. When any calculation of off- street parking results in a required fractional space, said fractional space may be paid through a cash - in -lieu payment, or an entire space may be provided on the site. E. Commercial Parking Facilities. When a parking facility is proposed to function as a commercial parking facility, as such terms are used herein, review and approval shall be according to Chapter 26.430, Special review and the review standards of Section 26.515.040, Special review standards. Development of such a facility may also require conditional use review in some Zone Districts. Also see definition of "Commercial parking facility," Section 26.104.100. (Ord. No. 17-2005, § 1) 26.515.020 Characteristics of off-street parking spaces A. General. Each off-street parking space shall consist of an open area measuring eight and one half (8!/2) feet wide by eighteen (18) feet long and seven (7) feet high with a maximum slope of twelve percent (12%) in any one direction. Each narking space except those provided for detached residential dwelling dwellings shall have an unobstructed access to a street or alle . Off-street parking provided for multi -family dwellings which do not share a common par ink area 'maybe exempted from the unobstructed—ccess_requirement subject to special review pursuant to Uhapter 26. , pecial review and the standards set forth at Section 26.515.040, Special review City of Aspen Land Use Code Part 500 — Parking Page 1 standards, below. Off-street parking must be paved with all weather surfacing or be covered with gravel. For residential development, a grass ring or grass -paver -type surface may be used. All parking shall be maintained in a usable condition at all times. 13. Location of off-street parking. Off-street parking shall be located on the same parcel as the principal use or an adjacent parcel under the same ownership as the lot occupied by the principal use. For all uses, parking shall be accessed from an alley or secondary road, where one (1) exists unless otherwise established according to this Chapter. C. Detached and duplex residential dwelling parking. Off-street parking provided for detached residential dwellings and duplex dwellings are not required to have unobstructed access to a street or alley, but shall not block access of emergency apparatus to the property or to structures located on the property. This allows for "stacking" of vehicles where one (1) vehicle is parked directly behind another. D. State Highway 82 off-street parking. All parking required for uses fronting State Highway 82 shall, if an alley exists, be provided access off the alley and shall not enter from or exit onto State Highway 82.. E. Restrictions on use of off-street parking areas. No off-street parking area shall be used for the sale, repair, dismantling or servicing of any vehicles, equipment, materials or supplies, nor shall any such activity adjacent to off-street parking spaces obstruct required access to off-street parking areas. Parking spaces shall be used for the parking of vehicles and shall not be used for nonauto related uses such as storage units or trash containers. Parking spaces may only be used as a commercial parking facility if approved for such use. See Subsection 26.515.010.E and the definition of commercial parking facility, Section 26.104.100. Commercial parking facilities shall require special review approval and may also require conditional use approval in some Zone Districts. F. Surface parking. Surface parking is prohibited or requires conditional use review as a principal use of a lot or parcel in some Zone Districts. For surface parking of eight (8) or more spaces, parking areas shall include one (1) tree with a planter area of twenty (20) square feet for each four (4) parking spaces. Planter areas may be combined, but shall be proximate to the parking spaces. The Planning and Zoning Commission may waive or modify this requirement on a per case basis. Parking within structures is exempt from this landscaping provision. G. Restrictions on drainage, grading and traffic impact. Off-street parking spaces shall be graded to ensure drainage does not create any flooding or water quality problems and shall be provided with entrances and exits so as to minimize traffic congestion and traffic hazards. H. Restrictions on lighting. Lighting facilities for off-street parking spaces, if provided, shall be arranged and shielded so that lights neither unreasonably disturb occupants of adjacent residential dwellings nor interfere with driver vision. All outdoor lighting shall comply with the outdoor lighting regulations, Section 26.575.150. (Ord. No. 17-2005, § 1) City of Aspen Land Use Code Part 500 — Parking Page 2 See. 26.515.030 Required number of off-street parking spaces. Off-streng spaces shall be provided for each use according to the schedule, below. Whenever the off -sheet parking is subject to es a is ent by adoption o a armed Development final development plan, that review shall be pursuant to Chapter 26.445, Planned Development. Whenever the parking requirement shall be established through a special review, the standards and procedures set forth at Section 26.515.040, Special review standards, below, shall apply. Whenever the parking requirement may be provided via a payment -in -lieu the standards and procedures set forth at Section 26.515.050, Cash -in -lieu for mobility enhancements, below, shall apply. An existing deficit of parking may be maintained when a property is redeveloped. Use Commercial Residential — Single -Family and Duplex Residential — Accessory Dwelling Carriage Houses Units and Residential — Multi -Family (as a single use) Residential — Multi -Family within a mixed -use building One space per 1,000 net leasable square feet of commercial space. 100% may be provided tluough a payment in lieu. Lesser of one space per bedroom or two spaces per unit. Fewer spaces may be approved, pursuant to Chapter 26.430, Special review and according to the review criteria of Section 26.515.040. One space per unit. Fewer spaces may be approved, pursuant to Chapter 26.520, Accessory dwelling units and carriage houses. One space ner unit. Fewer spaces may be approved, pursuant to Chapter 26.430, Special review and according to the review criteria of Section 26.515.040. Ones ace per unit. 100% may be provide through a payment in lieu. No requirement for residential units in the CC and C-1 Zone Districts. Three spaces per 1,000 net leasable square feet of commercial space. Lesser of one space per bedroom or two spaces per unit. One space per unit. Fewer spaces may be approved, pursuant to Chapter 26.520, Accessory dwelling units and carriage houses. Lesser of one space per bedroom or two spaces per unit. One space per unit. Fewer spaces may be approved, pursuant to Chapter 26.430, Special review and according to the review criteria of Section 26.515.040. City of Aspen Land Use Code Part 500 — Parking Page 3 I Hotel/Lodge .5 spaces per unit. Fewer 0.7 spaces per unit. Fewer spaces may be approved, spaces may be approved, pursuant to Chapter 26.430, pursuant to Chapter 26.430, Special review and according to Special review and according to the review criteria of Section the review criteria of Section 26.515.040. No requirement for 26.515.040. lodging units in the CC and C-1 Zone Districts. All Other Uses (civic, cultural, Established by special review Established by special review public uses, essential public according to the review criteria according to the review criteria facilities, child care centers, of Section 26.515.040. of Section 26.515.040. etc. For properties listed on the Aspen Inventory of Historic Landmark Sites and Structures, fewer spaces may be provided and/or a waiver of cash -in -lieu fees may be approved, pursuant to Chapter 26.430, Special review and according to the review criteria set forth below. 1 For lodging projects with flexible unit configurations, also known as "lock -off units," each separate "key," or rentable division, shall constitute a unit for the purposes of this Section. For projects with parking requirements in multiple categories (residential, commercial, lodging or other), the provision of on -site parking may be approved to satisfy the requirements for each use concurrently, pursuant to Chapter 26.430, Special review and according to the review criteria set forth below. (For example: A project comprised of commercial use requiring five [5] parking spaces and lodging use requiring five [5] parking spaces may be approved to provide less than ten [10] total parking spaces.) This shall not apply to parking which is provided through a payment -in -lieu. (Ord. No. 17-2005, §1) 26.515.040. Special review standards Whenever the off-street parking requirements of a proposed development are subject to special review, an application shall be processed as a special review in accordance with the common development review procedures set forth in Chapter 26.304 and be evaluated according to the following standards. Review is by the Planning and Zoning Commission. If the project requires review by the Historic Preservation Commission and the Community Development Director has authorized consolidation pursuant to Subsection 26.304.060.13, the Historic Preservation Commission shall approve, approve with conditions or disapprove the special review application. A. A special review for establishing, varying or waiving off-street parking requirements may be approved, approved with conditions or denied based on conformance with the following criteria: 1. 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 generation of the project, any shared parking opportunities, expected schedule of parking demands, the projected impacts on the on -street parking of the neighborhood, the proximity to mass transit City of Aspen Land Use Code Part 500 — Parking Page 4 routes and the downtown area and any special servicesrsuch as vans�piovided for residents, guests and emplovees. 2. An on -site parking solution meeting the requirement is practically difficult or results in an undesirable development scenario. 3. Existing or planned on -site or off -site parking facilities adequately serve the needs of the development, including the availability of street parking. B. A special review to permit a commercial parking facility may be approved, approved with conditions or denied based on conformance with the following criteria: 1. The location, design and operating characteristics of the facility are compatible with the mix of development in the immediate vicinity of the parcel in terms of density, height, bulk, architecture, landscaping and open space, as well as with any applicable adopted regulatory master plan 2. The project has obtained growth management approvals or is concurrently being considered for growth management approvals. 3. The location, capacity and operating characteristics, including effects of operating hours, lighting, ventilation, noises etc., of the facility are compatible with the existing land uses in the surrounding area. 4. Access to the facility is from an acceptable location that minimizes staging problems, conflicts with pedestrian flow, conflicts with service delivery and elimination of on -street parking. 5. The proposed style of operation is appropriate (manned booth, key cards etc.). 6. The massing, scale and exterior aesthetics of the building or parking lot are compatible with the immediate context in which it is proposed. 7. Where appropriate, commercial uses are incorporated into the exterior of the facility's ground floor to mimic conventional development in that Zone District. (Ord. No. 17-2005, §1; Ord. No. 3-2012, §19) 26.515.050. Cash -in -lieu for Mobility Enhancements A. General. The City conducted a parking facility analysis in the fall of 2001 and determined the costs associated with developing new parking facilities to serve the demands of development. While not all potential facilities represented the same potential, expenditure, facilities considered likely to be developed by the City required an expected twenty-five thousand dollars ($25,000.00) to forty thousand dollars ($40,000.00) per space to develop in 2001 dollars. B. Parking serving commercial and mixed -use development is a public amenity and serves the mobility of the general population. As such, the mobility needs of the general population can be improved through various means other than the provision of on -site parking spaces. City of Aspen Land Use Code Part 500 — Parking Page 5 C. Cash -in -lieu. A cash -in -lieu payment, for those types of development authorized to provide parking via cash -in -lieu, may be accepted by the Community Development Director to satisfy the off- street parking requirements as long as the following standards are met: 1. Amount. In developments, where the off-street parking requirement may be provided via a payment -in -lieu, the applicant shall make a one-time only payment to the City, in the amount of thirty thousand dollars ($30,000.00) per space. A prorated payment shall be made when a portion of a space is required. 2. Time of Payment. The payment -in -lieu of parking shall be due and payable at the time of issuance of a building permit. All funds shall be collected by the Community Development Director and transferred to the Finance Director for deposit in a separate interest bearing account. 3. Use of funds. Monies in the account shall be used solely for the construction of a parking facility, transportation improvements, including vehicles or station improvements, transportation demand management facilities or programs, shared automobiles or programs and similar transportation or mobility -related facilities or programs as determined appropriate by the City. 4. Refunds. Fees collected pursuant to this Section may be returned to the then -present owner of the property for which a fee was paid, including any interest earned, if the fees have not been spent within seven (7) years from the date fees were paid, unless the Council shall have earmarked the funds for expenditure on a specific project, in which case the time period shall be extended by up to three (3) more years. To obtain a refund, the present owner must submit a petition to the Finance Director within one (1) year following the end of the seventh (7t) year from the date payment was received by the City. For the purpose of this Section, payments collected shall be deemed spent on the basis of "the first payment in shall be the first payment out." Any payment made for a project for which a building permit is revoked or cancelled, prior to construction, may be refunded if a petition for refund is submitted to the Finance Director within three (3) months of the date of the revocation or cancellation of the building permit. All petitions shall be accompanied by a notarized, sworn statement that the petitioner is the current owner of the property and that the development shall not commence without full compliance with this Chapter and by a copy of the dated receipt issued for payment of the fee. 5. Periodic review of rate. In order to ensure that the payment -in -lieu rate is fair and represents current cost levels, it shall be reviewed periodically. Any necessary amendments to this Section shall be initiated pursuant to Section 26.310.020, Procedure for amendment. (Ord. No. 17-2005, § 1) City of Aspen Land Use Code Part 500 — Parking Page 6