to: Roger L. Stancil, Town Manager
from: J.B. Culpepper, Planning Director
Gene Poveromo, Development Manager
David Bonk, Long Range and Transportation Manager
subject: Public Hearing: Land Use Management Ordinance Text Amendments – Vehicle and Bicycle Parking Regulations
date: September 17, 2008
Attached for your consideration are proposed Land Use Management Ordinance text amendments that would amend vehicular and bicycle parking regulations for various types of developments, and amend handicap parking requirements to correspond with Americans with Disabilities Act standards. We recommend enactment of the proposed Land Use Management Ordinance text amendments.
In June 2007, the Town Council enacted the vehicle and bicycle parking space requirements identified in the Land Use Management Ordinance. At that time, the Council requested the bicycle parking standards be further reviewed by the Bicycle and Pedestrian Advisory Board and Transportation Board. Both boards have provided recommendations that are discussed in this memorandum. Since that time, the staff has recognized that particular minimum and maximum vehicular parking requirements are transposed and need to be switched and that handicap parking space provisions in the Land Use Management Ordinance must be updated.
Bicycle Parking Regulations: Following the June 2007 Council meeting, the Bicycle and Pedestrian Advisory Board and the Transportation Board discussed modifications to the enacted bicycle parking standards. In developing recommendations, the Bicycle and Pedestrian Advisory Board reviewed other policies from other municipalities. A compilation of other bicycle parking requirements is included as Attachment 3. The bicycle parking recommendations proposed by the Bicycle and Pedestrian Advisory Board and Transportation Board include standards based on square footage of building facilities and a “minimum” requirement for various development uses.
With the exception of the recommendations for multi-family developments, the recommendations made by the Bicycle and Pedestrian Advisory Board and Transportation Board are identical for all other development uses. Currently, the Land Use Management Ordinance requires a minimum of 1 bicycle parking space per 6 residential dwelling units for multi-family developments. This ratio was recommended by the Town consultants and initially supported by staff. The Bicycle and Pedestrian Advisory Board proposed an alternative ratio of 1 bicycle parking space per unit (Attachment 4). The Transportation Board recommended changing the regulation to 1 bicycle parking space per 4 units (Attachment 5).
Staff Comment: Different recommendations were made for the bicycle parking requirement for multi-family developments. Our recommendation is that Council amend the bicycle parking regulations as recommended by the two boards with the exception of the multi-family requirements. We recommend that the Council amend bicycle parking regulations for multi-family development to 1 bicycle parking space per 4 units; as recommended by the Transportation Board; we believe there is a potential for unused bicycle parking spaces and that most cyclists will take their bicycles inside their dwelling unit rather than use the outdoor spaces.
If the text amendment for bicycle parking regulations is enacted as recommended by the staff and reflected in Attachment 1, it would increase the number of bicycle parking spaces that must be provided for new developments.
Vehicular Parking Regulations: Proposed amendments will correct a typographical error, clarify language, and keep consistency.
Staff Comment: If the text amendment for vehicle parking regulations is enacted as recommended by the staff and reflected in Attachment 1, it would correct typographical errors.
Americans with Disabilities Act (ADA) Requirements: The ADA requires 1 handicap accessible space for every 25 spaces. The handicap spaces must be a minimum of 8 feet wide with an accompanying 5 feet wide access aisle unless it is van accessible which would require an accompanying 8 feet wide access aisle to the right of the parking space. There is an ADA requirement of 1 van accessible space for every 8 handicap accessible spaces with a minimum of 1 van accessible space provided (example: if there are 4 handicap spaces required at least 1 must be van accessible; If there is only 1 handicap space required, it must be van accessible). If a van accessible space shares an access aisle with another van accessible space or a regular handicap accessible space the access aisle must be 8 feet wide.
The existing Ordinance language and proposed change are indentified below:
Section 5.9.3 (Current)
m) Parking facilities designed to accommodate twenty-five (25) or more vehicles shall provide, as part of the required number of parking spaces, at least one handicapped parking space at least twelve (12) feet in width for every fifty (50) standard parking spaces, or major fraction thereof, or such number as required by building code. Such spaces shall be clearly defined and reserved for the exclusive use by handicapped persons.
Section 5.9.3 (proposed amendment)
m) Parking
facilities designed with the appropriate number, size and type of
handicapped parking spaces, ramps, crosswalks and associated infrastructure to
comply the Americans With Disabilities Act standards, North Carolina
Accessibility Code, and Town standard. accommodate twenty-five
(25) or more vehicles shall provide, as part of the required number of parking
spaces, at least one handicapped parking space at least twelve (12) feet in
width for every fifty (50) standard parking spaces, or major fraction thereof,
or such number as required by building code. Such spaces shall be clearly
defined and reserved for the exclusive use by handicapped persons.
Staff Comment: We recommend that the handicap parking requirements in the Town Ordinance be amended to reference compliance with ADA standards.
Article 4.4 of the Land Use Management Ordinance establishes the intent of Zoning Amendments (including both atlas and text amendments to the Ordinance) by stating that, “In order to establish and maintain sound, stable, and desirable development within the planning jurisdiction of the Town it is intended that this chapter shall not be amended except:
a) to correct a manifest error in the chapter; or
b) because of changed or changing conditions in a particular area or in the jurisdiction generally; or
c) to achieve the purposes of the Comprehensive Plan.
Article 4.4. further indicates:
It is further intended that, if amended, this chapter be amended only as reasonably necessary for the promotion of the public health, safety, or general welfare, and in conformance with the Comprehensive Plan.
Each of these requirements, with respect to the two proposed text amendment, is discussed below:
A) An amendment to the Land Use Management Ordinance (text amendment) is necessary to correct a manifest error in the chapter.
Staff Comment: We believe the information in the record to date can be summarized as follows:
B) An amendment to the Land Use Management Ordinance (text amendment) is necessary because of changed or changing conditions in a particular area or in the jurisdiction generally.
Staff Comment: We believe the information in the record thus far can be summarized as follows:
C) An amendment to the Land Use Management Ordinance (text amendment) is justified to achieve the purposes of the Comprehensive Plan.
Staff Comment: We believe the information in the record thus far can be summarized as follows:
We believe the justification of the text amendment is to achieve the purposes of the Comprehensive Plan particularly as it relates to working toward a balanced transportation system.
Planning Board Recommendation: The Planning Board reviewed the proposed text amendments on August 19, 2008 and recommended that the Council enact the attached Ordinance. Please refer to the attached Summary of Planning Board Action.
Staff Preliminary Recommendation: We recommend that the Council enact the attached Ordinance to amend the Land Use Management Ordinance provisions for vehicular and the bicycle parking requirements as described in this memorandum.