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HomeMy Public PortalAboutORD-CC-2012-060 ORDINANCE #2012-06 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, TITLE 17.09.220, OFF-STREET PARKING AND LOADING REQUIREMENTS AND CLARIFYING THE APPLICATION OF THE EXCEPTION TO THE OFF-STREET PARKING REGULATIONS IN COMMERCIAL ZONES WHEREAS, the City Council ("Council") adopted the Moab Municipal Code ("Code") and especially Chapter 17.00.00, also known as "The Zoning Ordinance of Moab City, Utah" in an effort to encourage and facilitate orderly growth and development in the City of Moab ("City") as well as to promote a more attractive and wholesome environment; and WHEREAS, from time to time the City has determined that there is a need to amend the Code in order to make the text more contemporary, align the language with Utah State Code, and provide for a use that was not anticipated at the time of adoption; and WHEREAS, the City realizes that there are various types of future commercial infill development not on Main Street that are located in the C-3 Zone that may benefit from the same requirements for off-street parking exceptions that are enjoyed by businesses in other commercial zones; and WHEREAS, the City desires to encourage the development of specific types of emergency, affordable, and transition housing and has determined that the requirements for special exceptions to the off-street parking regulations do not allow enough flexibility for those agencies who provide living quarters for residents who do not drive; and WHEREAS, the City of Moab Planning Commission ("Commission") in a duly advertised public hearing held on April 12, 2012, met to hear testimony and determine the merits of the changes to Chapter 17.09.220 of the Moab Municipal Code; and WHEREAS the Commission unanimously voted to recommend that Council adopt the amended language and that adoption of Ordinance #2012-06 is in the best interests of the citizens of Moab; and, WHEREAS, Council reviewed Ordinance #2012-06 in a duly advertised public meeting held on April 24, 2012, to hear and decide the merits of the proposed changes to Moab Municipal Code Chapter 17.09.220, but the ordinance was referred back to the Commission for clarification and revisions; and, WHEREAS, the Commission in a duly advertised public meeting held on September 13, 2012, met to review and approve the amendments to Ordinance #2012-06; and WHEREAS, the Commission found that the proposed changes to said code chapter would benefit greater commercial development and various types of residential uses for citizens in need of assistance in Moab City; and WHEREAS, Council agrees with the Planning Commission and found that the amendments to the code are in the best interests of the City. NOW, THEREFORE, the Moab City Council hereby ordains that Ordinance #2012-06 is hereby adopted to amend the Municipal Code as follows: 17.09.220 Off-street parking and loading -Number of spaces, Page 1 of 3 Ordinance #2012-06 That reads: Q. Special Exceptions to the Parking Requirements. Exceptions to the above listed minimum parking requirements require planning commission approval. The applicant requesting an exception to the minimum requirements shall conduct studies, prepare a report and prove to the planning commission that a lower than minimum requirement is adequate for the off-street parking needs of a development. The report shall include, but not be limited to: 1. National parking standards such as Institute of Transportation Engineers or Urban Land Institute studies supporting fewer spaces; 2. Local studies of businesses comparable by size and type demonstrating significant parking availability with the current standard; and 3. Present business potential related to number of employees, number of customers, and turnover of customers that may support fewer parking spaces. The planning commission shall consider how use changes may affect the future parking needs of the development. At least one parking space per one thousand square feet of floor area shall be the fewest parking spaces permitted for special exception requests. Q- IS HEREBY AMENDED AND SHALL NOW READ: Special Exceptions to the Parking Requirements. Exceptions to the above listed minimum parking requirements require planning commission approval. The applicant requesting an exception to the minimum requirements shall conduct studies, prepare a report and prove to the planning commission that a lower than minimum requirement is adequate for the off-street parking needs of a development. The report shall include, but not be Iimited to: 1. National parking standards such as Institute of Transportation Engineers or Urban Land Institute studies supporting fewer spaces; 2. Local studies of businesses comparable by size and type demonstrating significant parking availability with the current standard; and 3. Present business potential related to number of employees, number of customers, and turnover of customers that may support fewer parking spaces. 4. For businesses located on Main Street in the C-3 Zone the applicant shall demonstrate that on street parking is reasonably available for short term parking. The public works director and zoning administrator shall address Page 2 of 3 Ordinance #2012-06 O C) O visibility and safety concerns. The planning commission shall consider how future use changes may affect the future parking needs of the development. And subsection R that now reads: R. On -Street Parking Exception. In the C-3 central commercial zone, the planning commission may allow on -street parking spaces to be counted towards the minimum off-street parking requirements of a development. The applicant shall demonstrate that on -street parking is reasonably available for short-term (less than one hour) parking. Spaces shall front the development and shall not be located within thirty feet of an intersection. The public works director and zoning administrator shall address visibility and safety concerns. IS HEREBY REPEALED. Passed and adopted by action of the Governing Body of the City of Moab in open session this 25t day of September, 2012. City oab Mayor David L. Sakrison Attest: Rachel E. Stenta City Recorder Page 3 of 3 Ordinance #2012-06