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HomeMy WebLinkAboutordinance.council.013-2019 ORDINANCE No. 13 Series of 2019 AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING CODE AMENDMENTS TO LAND USE CODE CHAPTER 26.515,TRANSPORTATION AND PARKING MANAGEMENT. WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land Use Code, the City Council of the City of Aspen directed the Community Development Department to craft code amendments to related to transportation and parking management regulations; and, WHEREAS, pursuant to Section 26.310.020(B)(1), beginning in 2017 the Community Development Department conducted Public Outreach with the Planning & Zoning Commission, City Council, and development community stakeholders regarding amendments to the transportation and parking management regulations; and, WHEREAS, the Community Development Department contracted with ReGeneration Development Services for parking regulation consulting services in support of this code amendment; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on February 26, 2018, the City Council approved Resolution No. 20, Series 2019, by a five to zero (5 —0)vote,requesting code amendments to the Land Use Code; and, WHEREAS, Aspen Area Community Plan policy III.1 (Transportation) calls for the reduction of vehicle trips by user groups; and, WHEREAS, Aspen Area Community Plan policy III.2 (Transportation) requires that development minimize adverse impacts to transportation systems; and, WHEREAS, the Community Development Director has recommended approval of the proposed amendments to the City of Aspen Land Use Code; and, WHEREAS, the Aspen City Council finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310 and that the approval of the amendments is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health safety and welfare; and, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN COLORADO THAT: Ordinance 13,2019 Transportation and Parking Management Amendments Page 1 of 18 Section 1: Chapter 26.515, Transportation and Parking Management, shall be deleted and replaced with the following: Chapter 26.515 TRANSPORTATION AND PARKING MANAGEMENT Sections: 26.515.010 Purpose and Definitions 26.515.020 Applicability 26.515.030 Transportation Mitigation 26.515.040 Parking Requirements 26.515.050 Meeting Parking Requirements 26.515.060 Procedures for Review 26.515.070 Off-Street Parking Requirements 26.515.080 Special Review Standards 26.515.090 Cash-in-lieu for Parking Requirements 26.525.100 Amendments 26.515.110 Appeals 26.515.010. Purpose This Chapter establishes unified transportation and mobility standards to promote the city's policies relating to mobility, access to employment opportunities, and sustainability. This chapter implements policies from the Aspen Area Community Plan to: • Limit vehicle trips into Aspen to 1993 levels, and reduce peak-hour vehicle-trips to at or below 1993 levels; • Use Transportation Demand Management tools to accommodate additional person trips in the Aspen Area; • Maintain the reliability and improve the convenience of City of Aspen transit services; • Expand and improve bicycle parking and storage within the Urban Growth Boundary; • Improve the convenience, safety, and quality of experience for bicyclists and pedestrians on streets and trails; • Require development to mitigate its transportation impacts; and • Develop a strategic parking plan that manages the supply of parking and reduces the adverse impacts of the automobile. This Chapter establishes a variety of ways for property owners and developers to mitigate their impacts on the transportation network. As new development and growth occur, increased burdens on the transportation system can make it more difficult for the City to meet its transportation and air quality goals. To the extent that increased travel demand can shift away Ordinance 13,2019 Transportation and Parking Management Amendments Page 2 of 18 from automobile dependence, development and growth can be compatible with, and even support, these goals. To promote this shift in travel behavior, the City has transformed its approach to parking requirements to focus on the promotion and expansion of mobility options, including more walkable development patterns and a more efficient parking system, as well as the provision of public and development-based mobility resources. This will directly improve the travel experience and quality of life within growth areas, while helping to maintain the City's transportation-system and air-quality standards. This is accomplished through a new integrated approach, which incorporates the City's Transportation Impact Analysis (TIA) Guidelines with Off-Street Parking Requirements. Where the TIA serves to evaluate the potential adverse effects of proposed projects on Aspen's transportation systems, the off-street parking regulations focus on on-site mitigation needs resulting from the provision of parking. Applicants will use a simplified, two-tiered process that: 1. Determines the project's TIA applicability and calculates the project's resulting"parking requirement," and 2. Provides a Mobility Plan that includes the applicant's parking and mobility mitigation requirements, which includes the provision of parking, utilization of cash-in-lieu, and/or provision mobility options, including TIA mitigations if applicable. The City then reviews the project's mitigations for parking and mobility together as part of the project's land use application. A. Adoption of Transportation Impact Analysis (TIA) Guidelines Pursuant to the powers and authority conferred by the Charter of the City, there is hereby adopted and incorporated herein by reference as fully set forth those standards contained in the City of Aspen's Transportation Impact Analysis Guidelines, as may be amended, updated and expanded from time to time by City Council Resolution(referred to in this Code as the"TIA Guidelines"). At least one (1) copy of the TIA Guidelines shall be available for public inspection at the Community Development, Engineering, and Transportation Departments. B. Definitions. As used in this Section, the following terms shall be defined as follows: Mobility Measures. Specific tools, strategies, and policies approved in the Mobility Plan. These include the Transportation Demand Management (TDM) and/or Multimodal Level of Service (MMLOS) Mitigation Tools prescribed by the TIA, defined as follows: • Transportation Demand Management(TDM) Tools, which are strategies and policies to reduce travel demand, particularly by single-occupancy vehicles, and Ordinance 13,2019 Transportation and Parking Management Amendments Page 3 of 18 • Multi-Modal Level of Service (MMLOS) Tools, which are improvements to transportation service quality for travelers using a variety of modes including pedestrians, bicyclists, and transit passengers. Mobility Plan. A complete mitigation plan for a proposed development's transportation and parking system impacts. Parking Maximum. The maximum number of Parking Spaces provided on-site for a designated use before triggering compliance with Shared Parking Requirements. Parking Minimum. The minimum number of Parking Spaces required on-site for a designated use. Parking Requirement. The sum of a project's required Parking, as provided in Section 26.515.020.C. Parking Space,Accessory. A Parking Space that is managed to limit access to individuals engaged with on-site uses (residents,tenants, and their guests/customers), but are shared between all on-site land uses across different peaks in service throughout a 24-hour/day period. Parking Space, Guest/Loading. A Parking Space that is managed to provide 24-hour/day access to a development for guests, deliveries and loading to the public, service providers, and other non-resident visitors to a development on a non-permanent basis. Parking Space, Public. A Parking Space that is managed to provide at least 12 hours of public use in any 24-hour/day period, with approved signage to effectively identify these hours of public access. Parking Space, Priced. A Parking Space—whether reserved, accessory, or public—that is priced comparable to market rates at all times of operation. Parking Space, Municipal. A Parking Space that is provided within City of Aspen facilities, or directly managed by the City of Aspen, whether located in a private or City-owned parking facility. Parking Space, Reserved. A Parking Space that is managed to limit access to specified individuals or specific on-site land uses. Parking, Shared. Parking that is shared between multiple, distinct land uses, on the same site or between proximate sites, to make more efficient use of spaces and reduce overall supply needs. Shared Parking is required on a development which exceeds its on-site parking provision maximum standard. Shared parking can be used to reduce a project's Parking Requirement. Shared Parking may include off-site parking spaces and/or priced parking spaces. Ordinance 13,2019 Transportation and Parking Management Amendments Page 4 of 18 Surplus Mobility Measures. Any additional mitigation credits remaining after TIA-subject projects have met the TIA requirements. Transportation Impact Analysis (TIA). Technical analysis guidelines for potential transportation impacts generated by development projects within the City of Aspen. 26.515.020. Applicability. This Chapter applies to all development and redevelopment which meets the definition of Demolition, or is a Change in Use, as defined in Chapter 26.470, Growth Management Quota System. A. Determination of Applicability. The applicant may request a preliminary pre-application conference with staff from the Community Development Department to determine the applicability of the requirements of this Chapter for the proposed development. The following chart details the process for complying with the requirements of this Section through the creation of a mobility plan. The TIA Guidelines are available on the City of Aspen website and may be used to determine whether a project is subject to or exempt from the TIA. Ordinance 13,2019 Transportation and Parking Management Amendments Page 5 of 18 DETERMINE TW APPLICABILITY TIA SUBJECT TW EXEMPT FOLLOW TIA GUIDELINES (refer to TIA manual) DETERMINE PARKING REQUIREMENT (Table 26.616-1) DETERMINE OPTIONS FOR MITIGATING PARKING REQUIREMENT (Table 26.616-2) CREATE MOBILITY PLAN (TIA if applicable+parking+ mobility measures+parking cash- In-lieu fee) SUBMIT MOBILITY PLAN With Land Use Application Figure 1:Applicability chart illustrating how to create a Mobility Plan. C. Requirements. This Chapter requires all applicable development to submit a Mobility Plan, which addresses the following: • TIA applicability, and • TIA compliance (as applicable), and • The provision of parking, and • Cash-in-lieu of parking (as applicable), and • Surplus mobility measures (as applicable). The City then reviews the project's proposed TIA and Mobility Plan together as part of the project's Land Use Application. Ordinance 13,2019 Transportation and Parking Management Amendments Page 6 of 18 26.515.030 Transportation Mitigation. A. General Requirements. All applicable development shall mitigate its projected transportation impacts as provided in this Chapter. Refer to the Transportation Impact Analysis (TIA) for project applicability. Mobility requirements shall be satisfied through use of the following approaches, either alone or in combination 1. Mobility Measures. Applicable development must provide Transportation Demand Management(TDM) and Multi-Modal Level of Service (MMLOS) measures as provided for in the Transportation Impact Analysis (TIA) Guidelines. These measures shall be maintained for the life of the development. All requirements shall be incorporated in the project's Development Agreement, pursuant to Chapter 26.490, Development Documents. 2. Surplus Mobility Measures. Upon satisfaction of TIA requirements, a development's Mobility Plan may include surplus mobility measures, where credit is provided over the minimum TIA requirements and applied towards Parking Requirements outlined in Table 26.515-1. The proportion of surplus mobility measures permitted for a development is outlined in Table 26.515-2. 26.515.040 Parking Requirements. A. General requirements. All applicable development shall accommodate its projected parking impacts as provided in this Chapter. Parking Requirements shall be satisfied through use of the following either alone or in combination. 1. Parking Requirement Calculation. Parking Requirements shall be calculated for each use within a development according to Table 26.515-1. 2. Parking Provision Minimum. Applicable development shall satisfy the minimum Parking Provision Requirement, as calculated in Table 26.515-1. Minimum parking provisions may be reduced in combination with mobility measures and transportation system impact fees in accordance with the standards in Table 26.515-2. 3. Parking Provision Maximum. To create appropriate site planning and provision of parking, applicable development shall not provide on-site parking in excess of 125% of the Parking Provision Maximum requirement in the form of Reserved Parking Spaces or Accessory Parking Spaces, unless the total number of on-site spaces in excess of 125% of the Parking Provision Maximum are provided as Public Parking Spaces. Ordinance 13,2019 Transportation and Parking Management Amendments Page 7 of 18 Table 26.515-1 Parking Impact Requirement Calculations Aspen Infill Area All Other Areas Use Parking Requirement Parking Parking (in units) Requirement Maximum in units in units 1 unit/1,000 sf 1.25 units/ Commercial(') Net Leasable 1,000 sf NLA 3 units per 1,000 sf NLA �2� Space Lesser of 1 unit Greater of 1.25 Residential— units per per bedroom or Lesser of 1 unit per bedroom Single-Family and 2 units per bedroom or 2.5 or 2 per unit Duplex(4) Dwelling Unit units per p dwelling unit Residential— Accessory Dwelling 1 unit per unit 1.25 units per 1 unit per unit(3) Units and Carriage unit Houses(3)(4) Residential— 1 unit per 1.25 units per Lesser of 1 unit per bedroom Multi-Family (as a Dwelling Unit dwelling unit or two units per Dwelling Unit single use) Residential— 1 unit per 1.25 units per (2) Multi-Family within Dwelling Unit dwelling unit 1 per Dwelling Unit a mixed-use building 0.5 units per 0.7 units per (2) Hotel/Lodge Key Key 0.7 units per Key All Other Uses (civic, Established by cultural, public uses, Special Review Established by Special Review essential public according to thereview criteria N/A according to the review criteria facilities, child care of Section of Section 26.515.080. centers, etc.) 26.515.080. Key to Table 26.515-1: Ordinance 13,2019 Transportation and Parking Management Amendments Page 8 of 18 • ���=Up to 100% of Parking Requirement, may be provided through cash-in-lieu. • (2)=A reduction in Parking Requirement may be approved, pursuant to Chapter 26.430, Special review and according to the review criteria of Section 26.515.080 • (3) =A reduction in Parking Requirements may be approved, pursuant to Chapter 26.520, Accessory dwelling units and carriage houses. • (4) =All Single Family and Duplex dwelling units, as well as ADUs and Carriage Houses shall provide their Parking Requirement as off-street, on-site parking spaces. • SF = Square feet • NLA=Net leasable square feet of commercial space B. Fractional Requirement Computed. When any calculation of Parking Requirements results in a fractional unit, that fractional unit may be paid through a cash-in-lieu payment or satisfied through one whole additional on-site parking or mobility commitment credit. 26.515.050. Meeting Parking Requirements. A. General requirements. Parking Requirements shall be satisfied through the following provisions alone or in combination and described in a project's Mobility Plan: 1. Cash-in-lieu. Cash-in-lieu payments may be made to satisfy Parking Requirements as outlined by zone district in Table 26.515-2, and according to Section 26.515.090. 2. Provision of Off-Street Parking: a. On-Site Parking. Off-street parking may be provided on-site in applicable zone districts to satisfy Parking Requirements, with Reserved and Accessory spaces not to exceed the Parking Maximums outlined below in Table 26.515-1. Shared parking may be counted provided that a Shared Parking Agreement and a shared- parking analysis, as approved by the Community Development Director, is executed. b. Off-Site Parking. Off-street parking may be provided off-site in applicable zone districts to satisfy Parking Requirements, provided that a Shared Parking Agreement and a shared-parking analysis, as approved by the Community Development Director, is executed. Off-site parking is subject to Special Review per Chapter 26.430 and Section 26.515.080. c. Reserved and Accessory Spaces. For both On-Site Parking and Off-Site Parking, Reserved and Accessory spaces in excess of the Parking Provision Maximums outlined below in Table 26.515-1 are subject to the Shared Parking standards in Section 26.515.040.A.3. 3. Shared Parking Spaces. For both On-Site Parking and Off-Site parking, shared parking spaces may be provided contingent upon a shared parking analysis being completed and a Shared Parking Agreement being executed, as approved by the Community Development Director. 4. Mobility Measures. Mobility Measures, as defined in Section 26.515.0103, maybe provided, as follows: Ordinance 13,2019 Transportation and Parking Management Amendments Page 9 of 18 a. Where projects are TIA exempt, Mobility Measures may be provided to satisfy Parking Requirements as outlined by zone district in Table 26.515-2. b. Where projects are subject to the TIA, Surplus Mobility Measures (after the minimum TIA mitigation requirements have been met)may be provided to satisfy Parking Requirements as outlined by zone district in Table 26.515-2. The extent to which a project may satisfy its Parking Requirements with Mobility Commitments, On-Site Parking provision, and Cash-in-Lieu will vary by location, according to Table 26.515-2 below. Ordinance 13,2019 Transportation and Parking Management Amendments Page 10 of 18 Table 26.515-2 -Parking Requirements by Zone District Options for Meeting Parking Requirements Additional Mobility TM Credits Commitments (Projects (Projects On-Site Cash-In-Lieu of Subject to Exempt from Parking Parking Fee Location TM) TMA) Provision Payment * Up to 20% of Commercial Core the Up to 2 Up to 2 (CC) and Requirement. Up to 100% of Additional Mobility Commercial-1 (C-1) Up to 100% of the Requirement TIA Credits Commitments zones the requirement if subgrade. Remaining 1 Additional 1 Mobility At least 60% Commercial, TIA Credit Commitment and up to 100% Up to 40% of Lodging, and (equal to 1 (equal to 1 of the the Requirement Lodging Overlay Parking Unit) Parking Unit) Requirement Zones 1 Additional 1 Mobility Up to 100% of Remaining Infill TIA Credit Commitment the Up to 100% of Area (equal to 1 (equal to 1 the Requirement Requirement Parking Unit) Parking Unit) 1 Additional 1 Mobility At least 60% TIA Credit Commitment and up to 100% Up to 40% of All other Areas (equal to 1 (equal to 1 of the the Requirement Parking Unit) Parking Unit) Requirement Parking Requirements are subject to the following standards: Ordinance 13,2019 Transportation and Parking Management Amendments Page 11 of 18 I. If the Parking Requirement is subject to establishment by adoption of a Planned Development final development plan, review is subject to Chapter 26.445, Planned Development. 2. If the Parking Requirement is established through a special review, the standards and procedures of Section 26.515.080, Special Review Standards apply. 3. If the Parking Requirement is met via cash-in-lieu, the standards and procedures set forth at Section 26.515.090, Cash-in-Lieu of Parking apply. 4. For properties listed on the Aspen Inventory of Historic Landmark Sites and Structures, a waiver of the Parking Requirement may be approved, pursuant to Chapter 26.430, Special Review, and according to the review criteria set forth below. 5. 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. 6. The Parking Requirement for projects with multiple, distinct land uses (residential, commercial, lodging, or other)may be lowered, if the applicant submits a shared-parking analysis, approved by the Community Development Director, which results in a peak-parking-demand measure that is less than the Parking Requirement established by Table 26.515-1. The application for a shared parking analysis shall be reviewed by The Transportation, Parking, Engineering, and Community Development Departments and approved by the Planning and Zoning Commission as a Special Review(Section 26.430). *7. Off-street parking provision on a parcel that abuts an Aspen Pedestrian Mall may only be provided in an on-site, subgrade parking structure. Alternatively, parcels abutting an Aspen Pedestrian Mall may provide all Parking Requirements through the payment of Cash-in-Lieu (Section 26.515.090). 26.515.060. Procedures for Review. Development and redevelopment applications shall be reviewed pursuant to the following procedures, as well as standards and the Common Development Review Procedures set forth in Chapter 26.304. A. Review Authority. All applications will be reviewed administratively for compliance with this Chapter and relevant guidelines in conjunction with a project's land use application, unless otherwise specified. In all circumstances, the final land use review body shall approve the TIA, after considering a recommendation from the Engineering, Transportation, and Community Development Departments. Ordinance 13,2019 Transportation and Parking Management Amendments Page 12 of 18 B. Review Process. For all applicable development, Mobility Plan review is completed in conjunction with required land use reviews. Pursuant to Section 26.304.020, Pre-application Conference, applicants are encouraged, although not required, to meet with a member of the Community Development Department to clarify requirements of this Section and to determine applicability. 1. For development only subject to administrative-level land use reviews, or for development meeting a threshold established in the TIA Guidelines but not subject to a land use review, the City Engineering and Transportation Departments may, on behalf of the City of Aspen, determine that the project meets or exceeds the requirements set forth in this Chapter and the Transportation Impact Analysis Guidelines. When development meets an established threshold, but does not require a land use review, review for compliance with this Chapter and the Guidelines shall be completed as part of the building permit application. 2. In all circumstances, the final land use review body shall approve the TIA, after considering a recommendation from the Engineering and Transportation Departments. C. Review Criteria. All applicable projects are required to submit a Mobility Plan, which shall include and describe a project's mitigations for TIA and Parking Requirements. The Engineering, Transportation, and Community Development Department staff shall determine whether the project conforms to this Chapter requirements using the following standards: 1. Project TIA and the resulting mitigation program meets requirements for exempt, minor, or major project categories as outlined in the TIA Guidelines. 2. Project provides full mitigation for the Parking Requirements pursuant to Section 26.515.050. 3. If existing development is expanded, additional Parking Requirements shall be provided for that increment of the expansion. 4. If existing development is redeveloped, on-site parking deficits may not be maintained unless all parking, or at least 20 spaces are provided as Public Parking. Projects failing to meet the requirements of this section may apply for a variation to the Planning and Zoning Commission through the Special Review process (Section 26.430 and Section 26.515.080). 26.515.070. Off-Street Parking Requirements. A. Applicability. Where off-street parking spaces are provided as part of a Mobility Plan, the regulations in Sections 26.515.070.(B—I) apply. B. 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 longitudinal slope of twelve percent (12%) and a maximum cross slope of five percent(5%). For developments providing more than 15 on-site parking spaces, 25% of the on-site spaces may be provided as Compact Parking in accordance with the requirements of the Engineering Design Ordinance 13,2019 Transportation and Parking Management Amendments Page 13 of 18 Standards. Each parking space, except those provided for detached residential dwellings and duplex dwellings, shall have an unobstructed access to a street or alley. Off-street parking provided for multi-family dwellings which do not share a common parking area may be exempted from the unobstructed access requirement subject to special review pursuant to Chapter 26.430, Special review and the standards set forth at Section 26.515.040, Special review 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. All development or redevelopment must be in conformance with, or bring existing parking into conformance with, Engineering Design Standards, including but not limited to the access requirements outlined in Chapter 4 Transportation Design. C. Use of off-street parking. Parking spaces shall be used for the parking of vehicles and shall not be used for non-auto related uses such as storage units or trash containers. 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. D. Location of off-street parking. Off-street parking, except shared parking, publicly accessible parking, or off-site parking as approved as part of a mobility plan, 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 exists unless otherwise established according to this Chapter. E. Detached and duplex residential dwelling parking. Off-street parking provided for detached residential dwellings and duplex dwellings is 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 a vehicle is parked directly behind another. F. State Highway 82 off-street parking. All parking required for uses fronting State Highway 82 shall be accessed from the alley, if an alley exists, and shall not enter from or exit onto State Highway 82. G. Surface parking. Surface parking is prohibited or requires conditional use review as a principal use of a lot or parcel in some Zone Districts (See Chapter 26-710). Where surface parking is permitted and eight(8) or more spaces are provided, the parking area 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. Ordinance 13,2019 Transportation and Parking Management Amendments Page 14 of 18 H. 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 impacts and shall be provided with entrances and exits so as to minimize traffic congestion and traffic hazards. I. 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. 26.515.080. Special Review Standards. Whenever the transportation, mobility, and parking impacts 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.B,the Historic Preservation Commission shall approve, approve with conditions or disapprove the special review application. A special review for establishing, varying or waiving transportation, mobility, or off-street parking requirements may be approved, approved with conditions or denied based on its conformance with all of the following criteria: 1. The transportation, mobility, and off-street 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 routes and the downtown area and any special services, such as vans, provided for residents, guests and employees. 2. An on-site mitigation solution meeting the requirements and guidelines is practically difficult or results in an undesirable development scenario. 3. Existing or planned on-site or off-site facilities adequately serve the needs of the development, including the availability of street parking. A. Commercial Parking Facilities. Special Review is required for a commercial parking facility. A special review to permit a commercial parking facility may be approved, approved with conditions or denied based on conformance with its adherence to Commercial Design Standards and the policy goal of provision of publicly-accessible parking in areas with high public parking demand (in order to reduce vehicle congestion and emissions due to vehicles circling for parking) is not offset by the proposed commercial parking facility's potential adverse impacts of the City's multi-modal transportation system. For properties in zone districts where Ordinance 13,2019 Transportation and Parking Management Amendments Page 15 of 18 Conditional Use Review is required for a Commercial Parking Facility, Conditional Use and Special Review shall be combined. 26.515.090. Cash-in-lieu Requirements. A. General. The City conducted a parking facility analysis in the fall of 2016 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 thirty-eight thousand dollars ($38,000)per space to develop in 2016 dollars. B. Cash-in-lieu. Mobility improvements serving commercial and mixed-use development are a public amenity and serves the mobility needs 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, including 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 Parking Requirement, as described in Section 26.515.040, above. 1. 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. 2. Use of funds. Monies in the account shall be used solely for the construction of a public parking facility, transportation and mobility 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. 3. 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(7th) 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 Ordinance 13,2019 Transportation and Parking Management Amendments Page 16 of 18 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. 4. Periodic review of rate. To ensure that the payment-in-lieu rate is fair and represents current cost levels, it shall be reviewed every two years. Any necessary amendments to this Section shall be initiated pursuant to Section 26.310.020, Procedure for amendment. 26.515.100. Amendments. Amendments to an approved Mobility and Parking Requirement review by the Community Development Director in coordination with the Engineering and Transportation Departments as needed. A. Amendments to Trip Reduction Measures. Off-site MMLOS infrastructure measures that have been implemented may not be amended at any time. Off-site MMLOS infrastructure measures that have not been implemented, and any on-site TDM and MMLOS measures, may be amended as outlined below. Changes shall be reviewed by the Engineering, Transportation, and Community Development Departments to ensure the proposed change is appropriate given the site's context. 1. Insubstantial Amendment. Any amendment to TDM or MMLOS measures resulting in the same or more number of trips mitigated as the original approval may be approved administratively by the Community Development Department, after considering a recommendation from the Engineering and Transportation Departments. A land use application is required, pursuant to Chapter 26.304, Common Development Review Procedures. The applicant shall demonstrate how the new measure(s) is appropriate given current site conditions. 2. Substantial Amendment. Any amendment to TDM or MMLOS measures that reduces the number of trips mitigated shall be reviewed by City Council, after considering a recommendation from the Community Development, Engineering, and Transportation Departments. A land use application is required, pursuant to Chapter 26.304, Common Development Review Procedures, and the review shall be conducted in a duly noticed public hearing, pursuant to Section 26.304.060(E), Public Notice. City Council shall find the following standards are met: a) The proposed change responds to changed site conditions or circumstances, including but not limited to changes to land uses, site topography, or site plan. b) The proposed changes will not adversely impact the immediate vicinity. c) The proposed change meets the original intent of the approved measures. d) The proposed changes have been approved by the Community Development Director. 26.515.110 Appeals. An applicant may challenge a determination made by the City in their enforcement of the requirements of this Chapter by filing with the Community Development Director a written notice of appeal as provided in Section 26.316.030, Appeals procedures, with a full statement of the grounds for appeal. Appeals shall be reviewed by City Council, pursuant to Chapter 26.316, Appeals. Ordinance 13,2019 Transportation and Parking Management Amendments Page 17 of 18 (Ord. No. 17-2005, §l; Ord. No. 32, 2016, §1; Ord.No. 23, 2017, §23) Section 2: Any scrivener's errors contained in the code amendments herein, including but not limited to mislabeled subsections or titles, may be corrected administratively following adoption of the Ordinance. Section 3: Effect Upon Existing Litigation. This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: Severability. If any section, subsection, sentence, clause,phrase,or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: Effective Date. In accordance with Section 4.9 of the City of Aspen Home Rule Charter,this ordinance shall become effective thirty(30) days following final passage. Section 6: Public Notice A public hearing on this ordinance shall be held on the 201h day of May, 2019,at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers,Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ,AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 201h day of May, 2019. Att Linda Manning, City Cl rk Steven Skad on, Mayor FI LLY, adopted, passed and approved this 201h day of M 019. i t: "4C _ , Linda Manning, City Clerk Steven S a ron, ayor Approved as to form: A '�1 mes R. True, City Attorney Ordinance 13,2019 Transportation and Parking Management Amendments Page 18 of 18 Chapter 26.515 TRANSPORTATION AND PARKING MANAGEMENT Sections: 26.515.010 Purpose and Definitions 26.515.020 Applicability 26.515.030 Transportation Mitigation 26.515.040 Parking Requirements 26.515.050 Meeting Parking Requirements 26.515.060 Procedures for Review 26.515.070 Off-Street Parking Requirements 26.515.080 Special Review Standards 26.515.090 Cash-in-lieu for Parking Requirements 26.525.100 Amendments 26.515.110 Appeals 26.515.010. Purpose This Chapter establishes unified transportation and mobility standards to promote the city's policies relating to mobility, access to employment opportunities, and sustainability. This chapter implements policies from the Aspen Area Community Plan to: • Limit vehicle trips into Aspen to 1993 levels, and reduce peak-hour vehicle-trips to at or below 1993 levels; • Use Transportation Demand Management tools to accommodate additional person trips in the Aspen Area; • Maintain the reliability and improve the convenience of City of Aspen transit services; • Expand and improve bicycle parking and storage within the Urban Growth Boundary; • Improve the convenience, safety, and quality of experience for bicyclists and pedestrians on streets and trails; • Require development to mitigate its transportation impacts; and • Develop a strategic parking plan that manages the supply of parking and reduces the adverse impacts of the automobile. This Chapter establishes a variety of ways for property owners and developers to mitigate their impacts on the transportation network. As new development and growth occur, increased burdens on the transportation system can make it more difficult for the City to meet its transportation and air quality goals. To the extent that increased travel demand can shift away from automobile dependence, development and growth can be compatible with, and even support, these goals. To promote this shift in travel behavior,the City has transformed its approach to parking requirements to focus on the promotion and expansion of mobility options, including more walkable development patterns and a more efficient parking system, as well as the provision of public and development-based mobility resources. This will directly improve the travel experience and quality of life within growth areas, while helping to maintain the City's transportation-system and air-quality standards. This is accomplished through a new integrated approach, which incorporates the City's Transportation Impact Analysis (TIA)Guidelines with Off-Street Parking Requirements. Where the TIA serves to evaluate the potential adverse effects of proposed projects on Aspen's transportation systems, the off-street parking regulations focus on on-site mitigation needs resulting from the provision of parking. Applicants will use a simplified,two-tiered process that: 1. Determines the project's TIA applicability and calculates the project's resulting"parking requirement," and 2. Provides a Mobility Plan that includes the applicant's parking and mobility mitigation requirements, which includes the provision of parking, utilization of cash-in-lieu, and/or provision mobility options, including TIA mitigations if applicable. The City then reviews the project's mitigations for parking and mobility together as part of the project's land use application. A. Adoption of Transportation Impact Analysis (TIA) Guidelines Pursuant to the powers and authority conferred by the Charter of the City, there is hereby adopted and incorporated herein by reference as fully set forth those standards contained in the City of Aspen's Transportation Impact Analysis Guidelines, as may be amended, updated and expanded from time to time by City Council Resolution(referred to in this Code as the"TIA Guidelines"). At least one (1)copy of the TIA Guidelines shall be available for public inspection at the Community Development, Engineering, and Transportation Departments. B. Definitions. As used in this Section, the following terms shall be defined as follows: Mobility Measures. Specific tools, strategies, and policies approved in the Mobility Plan. These include the Transportation Demand Management(TDM) and/or Multimodal Level of Service (MMLOS) Mitigation Tools prescribed by the TIA, defined as follows: • Transportation Demand Management(TDM) Tools, which are strategies and policies to reduce travel demand,particularly by single-occupancy vehicles, and • Multi-Modal Level of Service(MMLOS)Tools, which are improvements to transportation service quality for travelers using a variety of modes including pedestrians, bicyclists, and transit passengers. Mobility Plan. A complete mitigation plan for a proposed development's transportation and parking system impacts. Parking Maximum. The maximum number of Parking Spaces provided on-site for a designated use before triggering compliance with Shared Parking Requirements. Parking Minimum. The minimum number of Parking Spaces required on-site for a designated use. Parking Requirement. The sum of a project's required Parking, as provided in Section 26.515.020.C. Parking Space,Accessory. A Parking Space that is managed to limit access to individuals engaged with on-site uses (residents, tenants, and their guests/customers), but are shared between all on-site land uses across different peaks in service throughout a 24-hour/day period. Parking Space, Guest/Loading. A Parking Space that is managed to provide 24-hour/day access to a development for guests, deliveries and loading to the public, service providers, and other non-resident visitors to a development on a non-permanent basis. Parking Space, Public. A Parking Space that is managed to provide at least 12 hours of public use in any 24-hour/day period, with approved signage to effectively identify these hours of public access. Parking Space, Priced. A Parking Space—whether reserved, accessory, or public—that is priced comparable to market rates at all times of operation. Parking Space,Municipal. A Parking Space that is provided within City of Aspen facilities, or directly managed by the City of Aspen, whether located in a private or City-owned parking facility. Parking Space,Reserved. A Parking Space that is managed to limit access to specified individuals or specific on-site land uses. Parking, Shared. Parking that is shared between multiple, distinct land uses, on the same site or between proximate sites, to make more efficient use of spaces and reduce overall supply needs. Shared Parking is required on a development which exceeds its on-site parking provision maximum standard. Shared parking can be used to reduce a project's Parking Requirement. Shared Parking may include off-site parking spaces and/or priced parking spaces. Surplus Mobility Measures. Any additional mitigation credits remaining after TIA-subject projects have met the TIA requirements. Transportation Impact Analysis (TIA). Technical analysis guidelines for potential transportation impacts generated by development projects within the City of Aspen. 26.515.020.Applicability. This Chapter applies to all development and redevelopment which meets the definition of Demolition, or is a Change in Use, as defined in Chapter 26.470, Growth Management Quota System. A. Determination of Applicability. The applicant may request a preliminary pre-application conference with staff from the Community Development Department to determine the applicability of the requirements of this Chapter for the proposed development. The following chart details the process for complying with the requirements of this Section through the creation of a mobility plan. The TIA Guidelines are available on the City of Aspen website and may be used to determine whether a project is subject to or exempt from the TIA. DETERMINE TIA APPLICABILITY ,//\r TIA SUBJECT TIA EXEMPT FOLLOW TIA GUIDELINES (refer to TIA manual) DETERMINE PARKING REQUIREMENT (Table 26.616-1) DETERMINE OPTIONS FOR MITIGATING PARKING REQUIREMENT (Table 26.616-2) CREATE MOBILITY PLAN (TIA if applicable+parking+ mobility measures+parking cash- Inaieu fee) EithSUBMITMOBILITY PLAN Land Use Application Figure 1:Applicability chart illustrating how to create a Mobility Plan. C. Requirements. This Chapter requires all applicable development to submit a Mobility Plan, which addresses the following: • TIA applicability, and • TIA compliance (as applicable), and • The provision of parking, and • Cash-in-lieu of parking(as applicable), and • Surplus mobility measures(as applicable). The City then reviews the project's proposed TIA and Mobility Plan together as part of the project's Land Use Application. 26.515.030 Transportation Mitigation. A. General Requirements. All applicable development shall mitigate its projected transportation impacts as provided in this Chapter. Refer to the Transportation Impact Analysis (TIA) for project applicability. Mobility requirements shall be satisfied through use of the following approaches, either alone or in combination 1. Mobility Measures.Applicable development must provide Transportation Demand Management(TDM)and Multi-Modal Level of Service (MMLOS) measures as provided for in the Transportation Impact Analysis (TIA) Guidelines. These measures shall be maintained for the life of the development. All requirements shall be incorporated in the project's Development Agreement, pursuant to Chapter 26.490, Development Documents. 2. Surplus Mobility Measures. Upon satisfaction of TIA requirements, a development's Mobility Plan may include surplus mobility measures, where credit is provided over the minimum TIA requirements and applied towards Parking Requirements outlined in Table 26.515-1. The proportion of surplus mobility measures permitted for a development is outlined in Table 26.515-2. 26.515.040 Parking Requirements. A. General requirements. All applicable development shall accommodate its projected parking impacts as provided in this Chapter. Parking Requirements shall be satisfied through use of the following either alone or in combination. 1. Parking Requirement Calculation. Parking Requirements shall be calculated for each use within a development according to Table 26.515-1. 2. Parking Provision Minimum. Applicable development shall satisfy the minimum Parking Provision Requirement, as calculated in Table 26.515-1. Minimum parking provisions may be reduced in combination with mobility measures and transportation system impact fees in accordance with the standards in Table 26.515-2. 3. Parking Provision Maximum. To create appropriate site planning and provision of parking, applicable development shall not provide on-site parking in excess of 125%of the Parking Provision Maximum requirement in the form of Reserved Parking Spaces or Accessory Parking Spaces, unless the total number of on-site spaces in excess of 125%of the Parking Provision Maximum are provided as Public Parking Spaces. Table 26.515-1 Parking Impact Requirement Calculations Aspen Infill Area All Other Areas Use Parking Requirement Parking Requirement Parking (in units) (in units) Maximum in units Commercial(') 1 unit/1,000 sfNet 1.25 units/ 3 units per 1,000 sf Leasable Space 1,000 sfNLA NLA(2) Greater of 1.25 Residential— Lesser of 1 unit per units per Lesser of 1 unit per Single-Family and bedroom or 2 units bedroom or 2.5 bedroom or 2 per unit Duplex(4) per Dwelling Unit units per p dwelling unit Residential— Accessory Dwelling 1.25 units per (3) Units and Carriage 1 unit per unit unit 1 unit per unit (3) (4) Residential— Lesser of 1 unit per Multi-Family (as a 1 unit per Dwelling 1.25 units per bedroom or two units single use) Unit dwelling unit per Dwelling Unit Residential— 1 unit per Dwelling 1.25 units per (2) Multi-Family within a 1 per Dwelling Unit mixed-use building Unit dwelling unit Hotel/Lodge 0.5 units per Key 0.7 Key per 0.7 units per Key(2) All Other Uses (civic, Established by Established by cultural, public uses, Special Review Special Review essential public according to the N/A according to the facilities, child care review criteria of review criteria of centers, etc.) Section 26.515.080. Section 26.515.080. Key to Table 26.515-1: 0 (1)= Up to 100%of Parking Requirement, may be provided through cash-in-lieu. • (2)=A reduction in Parking Requirement may be approved, pursuant to Chapter 26.430, Special review and according to the review criteria of Section 26.515.080 • (3)=A reduction in Parking Requirements may be approved, pursuant to Chapter 26.520, Accessory dwelling units and carriage houses. • (4)=All Single Family and Duplex dwelling units, as well as ADUs and Carriage Houses shall provide their Parking Requirement as off-street, on-site parking spaces. • SF = Square feet • NLA=Net leasable square feet of commercial space B. Fractional Requirement Computed. When any calculation of Parking Requirements results in a fractional unit, that fractional unit may be paid through a cash-in-lieu payment or satisfied through one whole additional on-site parking or mobility commitment credit. 26.515.050. Meeting Parking Requirements. A. General requirements. Parking Requirements shall be satisfied through the following provisions alone or in combination and described in a project's Mobility Plan: 1. Cash-in-lieu. Cash-in-lieu payments may be made to satisfy Parking Requirements as outlined by zone district in Table 26.515-2, and according to Section 26.515.090. 2. Provision of Off-Street Parking: a. On-Site Parking. Off-street parking may be provided on-site in applicable zone districts to satisfy Parking Requirements,with Reserved and Accessory spaces not to exceed the Parking Maximums outlined below in Table 26.515-1. Shared parking may be counted provided that a Shared Parking Agreement and a shared- parking analysis, as approved by the Community Development Director, is executed. b. Off-Site Parking. Off-street parking may be provided off-site in applicable zone districts to satisfy Parking Requirements, provided that a Shared Parking Agreement and a shared-parking analysis, as approved by the Community Development Director, is executed. Off-site parking is subject to Special Review per Chapter 26.430 and Section 26.515.080. c. Reserved and Accessory Spaces. For both On-Site Parking and Off-Site Parking, Reserved and Accessory spaces in excess of the Parking Provision Maximums outlined below in Table 26.515-1 are subject to the Shared Parking standards in Section 26.515.040.A.3. 3. Shared Parking Spaces. For both On-Site Parking and Off-Site parking, shared parking spaces may be provided contingent upon a shared parking analysis being completed and a Shared Parking Agreement being executed, as approved by the Community Development Director. 4. Mobility Measures. Mobility Measures, as defined in Section 26.515.010.13, maybe provided, as follows: a. Where projects are TIA exempt, Mobility Measures may be provided to satisfy Parking Requirements as outlined by zone district in Table 26.515-2. b. Where projects are subject to the TIA, Surplus Mobility Measures (after the minimum TIA mitigation requirements have been met) may be provided to satisfy Parking Requirements as outlined by zone district in Table 26.515-2. The extent to which a project may satisfy its Parking Requirements with Mobility Commitments, On-Site Parking provision, and Cash-in-Lieu will vary by location, according to Table 26.515-2 below. Table 26.515-2-Parking Requirements by Zone District Options for Meeting Parking Requirements Additional TIA Credits Mobility (Projects Commitments Cash-In-Lieu Subject to (Projects Exempt On-Site Parking of Parking Fee Location TM) from TM) Provision Payment Commercial * Up to 20%of the Core(CC) and Up to 2 Up to 2 Mobility Requirement. Up Up to 100%of Commercial-1 Commitments Additional to 100%of the the (C-1)zones TIA Credits requirement if Requirement subgrade. Remaining 1 Additional 1 Mobility o 0 Commercial, TIA Credit Commitment At least 60%and Up to 40/o of Lodging,and up to 100%of the the Lodging Overlay (equal to 1 (equal to 1 Requirement Requirement Parking Unit) Parking Unit) Zones 1 Additional 1 Mobility o Remaining Infill TIA Credit Commitment Up to 100%of the Up to of Area (equal to 1 (equal to 1 Requirement the /o Requirement Parking Unit) Parking Unit) 1 Additional 1 Mobility At least 60%and Up to 40%of All other Areas TIA Credit Commitment up to 100%of the the (equal to 1 (equal to 1 Parking Unit) Parking Unit) Requirement Requirement Parking Requirements are subject to the following standards: 1. If the Parking Requirement is subject to establishment by adoption of a Planned Development final development plan, review is subject to Chapter 26.445, Planned Development. 2. If the Parking Requirement is established through a special review,the standards and procedures of Section 26.515.080, Special Review Standards apply. 3. If the Parking Requirement is met via cash-in-lieu, the standards and procedures set forth at Section 26.515.090, Cash-in-Lieu of Parking apply. 4. For properties listed on the Aspen Inventory of Historic Landmark Sites and Structures, a waiver of the Parking Requirement may be approved, pursuant to Chapter 26.430, Special Review, and according to the review criteria set forth below. 5. 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. 6. The Parking Requirement for projects with multiple, distinct land uses (residential, commercial, lodging, or other)may be lowered, if the applicant submits a shared-parking analysis, approved by the Community Development Director, which results in a peak-parking-demand measure that is less than the Parking Requirement established by Table 26.515-1. The application for a shared parking analysis shall be reviewed by The Transportation, Parking, Engineering, and Community Development Departments and approved by the Planning and Zoning Commission as a Special Review(Section 26.430). *7. Off-street parking provision on a parcel that abuts an Aspen Pedestrian Mall may only be provided in an on-site, subgrade parking structure. Alternatively, parcels abutting an Aspen Pedestrian Mall may provide all Parking Requirements through the payment of Cash-in-Lieu (Section 26.515.090). 26.515.060. Procedures for Review. Development and redevelopment applications shall be reviewed pursuant to the following procedures, as well as standards and the Common Development Review Procedures set forth in Chapter 26.304. A. Review Authority. All applications will be reviewed administratively for compliance with this Chapter and relevant guidelines in conjunction with a project's land use application, unless otherwise specified. In all circumstances,the final land use review body shall approve the TIA, after considering a recommendation from the Engineering, Transportation, and Community Development Departments. B. Review Process. For all applicable development, Mobility Plan review is completed in conjunction with required land use reviews. Pursuant to Section 26.304.020, Pre-application Conference, applicants are encouraged, although not required, to meet with a member of the Community Development Department to clarify requirements of this Section and to determine applicability. 1. For development only subject to administrative-level land use reviews, or for development meeting a threshold established in the TIA Guidelines but not subject to a land use review, the City Engineering and Transportation Departments may, on behalf of the City of Aspen, determine that the project meets or exceeds the requirements set forth in this Chapter and the Transportation Impact Analysis Guidelines. When development meets an established threshold, but does not require a land use review, review for compliance with this Chapter and the Guidelines shall be completed as part of the building permit application. 2. In all circumstances,the final land use review body shall approve the TIA, after considering a recommendation from the Engineering and Transportation Departments. C. Review Criteria. All applicable projects are required to submit a Mobility Plan, which shall include and describe a project's mitigations for TIA and Parking Requirements. The Engineering, Transportation, and Community Development Department staff shall determine whether the project conforms to this Chapter requirements using the following standards: 1. Project TIA and the resulting mitigation program meets requirements for exempt, minor, or major project categories as outlined in the TIA Guidelines. 2. Project provides full mitigation for the Parking Requirements pursuant to Section 26.515.050. 3. If existing development is expanded, additional Parking Requirements shall be provided for that increment of the expansion. 4. If existing development is redeveloped, on-site parking deficits may not be maintained unless all parking, or at least 20 spaces are provided as Public Parking. Projects failing to meet the requirements of this section may apply for a variation to the Planning and Zoning Commission through the Special Review process (Section 26.430 and Section 26.515.080). 26.515.070. Off-Street Parking Requirements. A. Applicability. Where off-street parking spaces are provided as part of a Mobility Plan, the regulations in Sections 26.515.070.(B— I) apply. B. General. Each off-street parking space shall consist of an open area measuring eight and one half(8'/z) feet wide by eighteen (18) feet long and seven (7) feet high with a maximum longitudinal slope of twelve percent(12%) and a maximum cross slope of five percent(5%). For developments providing more than 15 on-site parking spaces, 25%of the on-site spaces may be provided as Compact Parking in accordance with the requirements of the Engineering Design Standards. Each parking space, except those provided for detached residential dwellings and duplex dwellings, shall have an unobstructed access to a street or alley. Off-street parking provided for multi-family dwellings which do not share a common parking area may be exempted from the unobstructed access requirement subject to special review pursuant to Chapter 26.430, Special review and the standards set forth at Section 26.515.040, Special review 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. All development or redevelopment must be in conformance with, or bring existing parking into conformance with, Engineering Design Standards, including but not limited to the access requirements outlined in Chapter 4 Transportation Design. C. Use of off-street parking. Parking spaces shall be used for the parking of vehicles and shall not be used for non-auto related uses such as storage units or trash containers. 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. D. Location of off-street parking. Off-street parking, except shared parking, publicly accessible parking, or off-site parking as approved as part of a mobility plan, 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 exists unless otherwise established according to this Chapter. E. Detached and duplex residential dwelling parking. Off-street parking provided for detached residential dwellings and duplex dwellings is 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 a vehicle is parked directly behind another. F. State Highway 82 off-street parking. All parking required for uses fronting State Highway 82 shall be accessed from the alley, if an alley exists, and shall not enter from or exit onto State Highway 82. G. Surface parking. Surface parking is prohibited or requires conditional use review as a principal use of a lot or parcel in some Zone Districts (See Chapter 26-710). Where surface parking is permitted and eight(8)or more spaces are provided,the parking area 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. H. 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 impacts and shall be provided with entrances and exits so as to minimize traffic congestion and traffic hazards. I. 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. 26.515.080. Special Review Standards. Whenever the transportation, mobility, and parking impacts 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 special review for establishing, varying or waiving transportation, mobility, or off-street parking requirements may be approved, approved with conditions or denied based on its conformance with all of the following criteria: 1. The transportation, mobility, and off-street 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 routes and the downtown area and any special services, such as vans, provided for residents, guests and employees. 2. An on-site mitigation solution meeting the requirements and guidelines is practically difficult or results in an undesirable development scenario. 3. Existing or planned on-site or off-site facilities adequately serve the needs of the development, including the availability of street parking. A. Commercial Parking Facilities. Special Review is required for a commercial parking facility. A special review to permit a commercial parking facility may be approved, approved with conditions or denied based on conformance with its adherence to Commercial Design Standards and the policy goal of provision of publicly-accessible parking in areas with high public parking demand (in order to reduce vehicle congestion and emissions due to vehicles circling for parking) is not offset by the proposed commercial parking facility's potential adverse impacts of the City's multi-modal transportation system. For properties in zone districts where Conditional Use Review is required for a Commercial Parking Facility, Conditional Use and Special Review shall be combined. 26.515.090. Cash-in-lieu Requirements. A. General. The City conducted a parking facility analysis in the fall of 2016 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 thirty-eight thousand dollars ($38,000)per space to develop in 2016 dollars. B. Cash-in-lieu. Mobility improvements serving commercial and mixed-use development are a public amenity and serves the mobility needs 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, including 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 Parking Requirement, as described in Section 26.515.040, above. I. 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. 2. Use of funds. Monies in the account shall be used solely for the construction of a public parking facility, transportation and mobility 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. 3. 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 (7`'') 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. 4. Periodic review of rate. To ensure that the payment-in-lieu rate is fair and represents current cost levels, it shall be reviewed every two years. Any necessary amendments to this Section shall be initiated pursuant to Section 26.310.020, Procedure for amendment. 26.515.100. Amendments.Amendments to an approved Mobility and Parking Requirement review by the Community Development Director in coordination with the Engineering and Transportation Departments as needed. A. Amendments to Trip Reduction Measures. Off-site MMLOS infrastructure measures that have been implemented may not be amended at any time. Off-site MMLOS infrastructure measures that have not been implemented, and any on-site TDM and MMLOS measures, may be amended as outlined below. Changes shall be reviewed by the Engineering, Transportation, and Community Development Departments to ensure the proposed change is appropriate given the site's context. 1. Insubstantial Amendment. Any amendment to TDM or MMLOS measures resulting in the same or more number of trips mitigated as the original approval may be approved administratively by the Community Development Department, after considering a recommendation from the Engineering and Transportation Departments. A land use application is required, pursuant to Chapter 26.304, Common Development Review Procedures. The applicant shall demonstrate how the new measure(s) is appropriate given current site conditions. 2. Substantial Amendment. Any amendment to TDM or MMLOS measures that reduces the number of trips mitigated shall be reviewed by City Council, after considering a recommendation from the Community Development, Engineering, and Transportation Departments. A land use application is required, pursuant to Chapter 26.304, Common Development Review Procedures, and the review shall be conducted in a duly noticed public hearing, pursuant to Section 26.304.060(E),Public Notice. City Council shall find the following standards are met: a) The proposed change responds to changed site conditions or circumstances, including but not limited to changes to land uses, site topography, or site plan. b) The proposed changes will not adversely impact the immediate vicinity. c) The proposed change meets the original intent of the approved measures. d) The proposed changes have been approved by the Community Development Director. 26.515.110 Appeals.An applicant may challenge a determination made by the City in their enforcement of the requirements of this Chapter by filing with the Community Development Director a written notice of appeal as provided in Section 26.316.030, Appeals procedures, with a full statement of the grounds for appeal. Appeals shall be reviewed by City Council, pursuant to Chapter 26.316, Appeals. (Ord.No. 17-2005, §1; Ord.No. 32, 2016, §1; Ord.No. 23, 2017, §23; Ord. No. 13, 2019, §1)