HomeMy WebLinkAbout09-198MAY 12, 2009 MAY 26, 2009 09 -163
FIRST READING SECOND READING
(CARRIED 6 -0 LOST LAID OVER_
09 -198 ORDINANCE
WITHDRAWN )
PURPOSE: APPROVE VARIOUS AMENDMENTS TO SECTION 30 -36 OFF -
STREET PARKING & LOADING FACILITIES OF CHAPTER 30
ZONING ORDINANCE
INITIATED BY: DEPARTMENT OF COMMUNITY DEVELOPMENT/
PLANNING SERVICES DIVISION
PLAN COMMISSION RECOMMENDATION: Approved
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING THE ZONING
ORDINANCE REGARDING OFF - STREET PARKING & LOADING FACILITIES
The Common Council of the City of Oshkosh do ordain as follows:
SECTION 1. That Section 30 -36 Off - Street Parking and Loading Facilities is hereby
amended as follows:
+Add the following to Section 30- 36(13)(1)(b)(i): On parcels where the available side
yard area prohibits the ability to create /maintain an 8 foot driveway and the required
setback as listed below, the setback may be reduced the smallest distance necessary.
+Add the following to Section 30- 36(B)(1)(c): The Zoning Administrator may reduce the
minimum driveway width to that which is deemed functional, if an 8 foot driveway is
unattainable. This remedy should only be implemented if the allowances of Section 30-
36 (B)(1)(b)(i) are ineffectual.
+Add the following to Section 30- 36(A)(1)(a): Mixed use /upper floor residential uses
need only provide evidence of the availability of off - street public or private parking within
1,000 feet of the unit.
+Add new subparagraph (c) to Section 30- 36(E)(4) to read: For industrial uses within
industrial zoning districts, curbing is only required adjacent to buildings, planting islands,
required front yards and so that no part of a vehicle extends over or beyond any
pedestrian paths or public right -of -way.
+Amend "Table A: Parking Stall Dimensions" as follows: Modify stall lengths to 9 ft., 18
ft., 18 ft. and 18 ft. Modify two -way aisle widths to 24 ft. for all categories.
MAY 12, 2009 MAY 26, 2009 09 -163 09 -198 ORDINANCE
FIRST READING SECOND READING CONTD
Table A: Parking Stall Dimensions
Angle (A)'
Curb Width (B)
Stall Length (C)'
One -Way
Aisle Width (D)
Two -Way
Aisle Width (D)
00
22'
9'
14'
24'
45 0
12 1 6 11
18'
14'
24'
60 0
10 1 3 11
18'
16'
24'
90 0
9'
18'*
24'
24'
+Rename Figure 8. Parking Stall Dimensions to Figure 8 -A, and revise the graphic to
reflect modifications to Table A. Add new graphic Figure 8 -B. Two -Way Angle Parking.
Stall Dimensions
+Amend Figure 10. Interior Landscaping to change
the graphic to illustrate allowable landscape strip
alternative.
Figure 8 -B
MAY 12, 2009 MAY 26, 2009 09 -163 09 -198 ORDINANCE
FIRST READING SECOND READING CONTD
+Amend Table B. Off - street parking requirements for daycare centers to 1 space per
employee plus 1 space per 10 students (or 1 space per 15 students with dedicated
drop -off).
SECTION 2. This Ordinance shall be in full force and effect from and after its
passage and publication.
SECTION 3. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #09 -198 APPROVE VARIOUS AMENDMENTS TO SECTION 30 -36
OFF - STREET PARKING & LOADING FACILITIES OF CHAPTER 30 ZONING
ORDINANCE on May 26, 2009. The full text of the Ordinance may be obtained at the
Office of the City Clerk, 215 Church Ave. and on the City's website at
www.ci.oshkosh.wi.us Clerk's phone: (920) 236 -5011.
OfHKOlH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Jackson Kin
ey �--
Director of Co unity Development
DATE: May 7, 2009
RE: Approve Various Amendments to Section 30 -36 Off - Street Parking & Loading
Facilities of Chapter 30 Zoning Ordinance (Plan Commission Recommends
Approval)
BACKGROUND /SUBJECT PROPERTY
The Department of Community Development - Planning Services Division is suggesting
modifications to sections of Article XII: Off - Street Parking and Loading Facilities, which
encompasses Section 30 -36 of the Zoning Ordinance. The Parking and Loading Ordinance was
repealed and recreated/adopted in March 2008. Throughout the first year of use of the new
ordinance, City staff and citizen comments and observations were gathered in order to fine tune
the ordinance. These comments and concerns were brought before the Plan Commission in a
workshop at the February 3, 2009 meeting with the resulting amendments being proposed within
this request.
ANALYSIS
There are seven areas of the ordinance which have proposed amendments, addressing the
following issues: 1) Residential driveway setbacks and minimum widths are problematic on
narrow lots; 2) Inability to provide dedicated private parking for upper floor residential units
downtown; 3) Question whether curbing of parking lots is necessary in an industrial setting;
4) Inability to have angled parking and two -way drive aisle in parking lots;
5) Confusion of using the parking stall dimension chart; 6) Interior landscaping figure does not
depict allowable 7' landscape strip alternative; and 7) Minimum requirements for parking for
daycare centers is too large and should be reduced.
FISCAL IMPACT
No fiscal impact is associated with the text amendments.
RECOMMENDATION
The Plan Commission approved of this request at its April 7, 2009 meeting.
Approved,
City Manager
ITEM: PROPOSED TEXT AMENDMENTS TO MULTIPLE SECTIONS OF CHAPTER
30 -36: OFF - STREET PARKING AND LOADING FACILITIES
Plan Commission meeting of April 7, 2009
GENERAL INFORMATION
Applicant: Department of Community Development
Owner: N/A
Actions Requested:
The Department of Community Development - Planning Services Division is suggesting modifications
to sections of Article XII: Off -Street Parking and Loading Facilities, which encompasses Section 30 -36
of the Zoning Ordinance. The Parking and Loading Ordinance was repealed and recreated/adopted in
March 2008. Throughout the first year of use of the new ordinance, City staff and citizen comments
and observations were gathered in order to fine tune the ordinance and address items that may have
come to the surface after adoption. The comments were brought before the Plan Commission as a
workshop at the February 3, 2009 meeting with the resulting amendments being proposed within this
request.
Applicable Ordinance Provisions:
The Zoning Ordinance, in Section 30 -8, establishes the ability to amend, supplement or change zoning
district boundaries or the regulations.
ANALYSIS
Proposed Amendments
Item 1 Residential driveway setbacks and minimum widths are problematic on narrow lots.
To address the issue of when there is insufficient side yard to provide the appropriate setback for a
driveway (2.5 feet or garage setback for detached garage and 7.5 feet or primary structure setback for
attached garage /surface parking).
Add the language as a new sentence at the end of Section 30- 36(B)(1)(b)(i)
"On parcels where the available side yard area prohibits the ability to create /maintain an 8 foot
driveway and the required setback as listed below, the setback may be reduced the smallest
distance necessary"
and
Add language to the end of the first sentence in 30- 36(B)(1)(c)
"The Zoning Administrator may reduce the minimum driveway width to that which is deemed
functional, if an 8 foot driveway is unattainable. This remedy should only be implemented if the
allowances of Section 30 -36 (11)(1)(b)(i) are ineffectual"
Item 2• Inability to provide dedicated -private parking for upper floor residential units downtown.
To address the issue that mixed - use /upper floor residential uses (residential units above commercial
space) parking is often available in City and other private lots but can not be exclusively dedicated to
the units.
Add language as a new sentence at the end of Section 30- 36(A)(1)(a)
"Mixed-use/upper floor residential uses need only provide evidence of the availability of off -
street public or private parking within 1,000 feet of the unit"
Item 3 • Question whether curbing of parking lots is necessary in an industrial setting.
Add language as a new subsection labeled 30 -36 (E)(4)(c)
"For industrial uses within industrial zoning district, curbing is only required adjacent to
buildings, planting islands and required front yards and required so that no part of a vehicle
extends over or beyond any pedestrian paths or public right -of -way"
Item 4• Inability to have angled parking and two -way drive aisle in parking lots.
To address the issue of allowing angled parking to be accessed by a two -way drive lane.
Modify "Table A" (below) and change the one -way reference to 24'. Also add a graphic (below)
depicting the situation, similar to what is depicted below.
Table A: Parking Stall Dimensions
Item 5 • Confusion of using stall dimension chart.
To address difficulties measuring stalls at angles, as expressed by uses.
Amend chart (below) and table (above) to change stall length to a 90 degree measurement.
PARKING STALL DIMENSIONS
C 91
\\\ \A\
Item 6 • Interior landscaping figure does not depict allowable 7' landscape strip alternative.
To address staff issues with having to explain the alternative to landscape islands.
Amend figure (below) changing a walkway to a landscape strip.
2
* Stall depth may be reduced by T provided overhang is over a landscaped area and a
concrete curb or wheel stop is provided to protect vegetation.
INTERIOR LANDSCAPING
Item 7• It has been expressed that the minimum requirements for parking for daycare centers is too
large and should be reduced.
To address the issue of daycares overbuilding parking lots that are mainly unused.
Modify "Table B changing the minimum parking requirements for daycare facilities from:
1.25 spaces per employee + 1 space per 10 students (or 1 space per 15 students with dedicated
drop -off)
to:
1 space per employee + 1 space per 10 students (or 1 space per 15 students with dedicated drop -
off)
RECOMMENDATION /CONDITIONS
The Department of Community recommends approval of the amendments as proposed.
The Plan Commission approved of the text amendments as requested. The , following is the Plan
Commission's discussion on this item.
Mr. Buck presented the item and reviewed the seven items that had proposed language amendments
and the reasons the language changes were necessary to address issues that have come to light since the
ordinance was repealed and recreated last year.
3
Mr. Thoms inquired about the need for two -way directional arrows in parking lots and if this was
addressed in the amendments.
Mr. Buck responded that this issue was already addressed in the code.
Ms. Mattox questioned if landscape islands could be cut to allow for storm water drainage.
Mr. Burich replied that it would be allowed providing that the islands were designed as part of a
biofiltration system.
Ms. Propp asked if this proposed text amendment would clear up most of the issues with the Parking
and Loading Ordinance.
Mr. Buck responded that of the 11 items discussed at the workshop in February, these were the 7
amendments that the Commission members decided to act upon and should address the major issues.
Ms. Propp commented that the signage behind the businesses on North Main Street was confusing as to
where parking was allowed and was wondering if this could be addressed in the ordinance revision.
Mr. Burich stated that this matter was under the authority of the Parking Utility as it was more of a way
finding issue than part of the parking ordinance.
Lynn Lorenson, City Attorney, stated that the Parking Utility was in the process of considering the
removal of the parking meters downtown and would address the signage issues in conjunction with that
matter.
Motion by Propp to approve the text amendments to multiple sections of Chapter 30 -36: Off-
Street Parking and Loading Facilities as requested.
Seconded by Mattox. Motion carried 6 -0.
n
City of Oshkosh Municipal Codes
Revised as of 3/11/08
• Construction equipment, such as bulldozers, backhoes, skid steers,
and fork lifts
Dump and stake body style trucks
• Cube type vans and trucks
Landscaping business equipment such as tractors, tree spades,
graders and scrapers
Semi- trailers and tractors
• Concession, vending and catering trailers
Commercial/Industrial equipment trailers and lifts
• Tow trucks, wreckers or car carriers except that one light duty tow
truck (not a roll back, flatbed, or carrier type) with a gross vehicle
weight rating not exceeding 12,000 pounds may be parked on a
residential lot when on call operating under the rotating call list
established and kept by the Oshkosh Police Department.
(iv) A recreational vehicle (RV) associated with and customary to residential
uses may be parked as if a passenger vehicle but shall not be utilized for
storage of goods, materials or equipment other than is considered part of
the RV or essential to its function.
(v) Under no circumstances may any vehicle or equipment.be used as Iiiving
quarters in residential areas.
(b) Off - street parking and loading facilities and commercial drives providing access
to them shall not be used, except through a temporary use permit as regulated in
Section 30 -12 of the Municipal Code, for the following:
(i) Servicing, repair, rental or sale of vehicles, unless said sales are part of a
City of Oshkosh permitted auto sales occupancy.
(ii) Display of merchandise or outdoor product storage, including but not
limited to the storage of vehicles.
(iii) Parking of unlicensed, inoperable vehicles.
(iv) Enclosed container storage.
(v) Any other use except customer and employee vehicle parking, unless
such use is approved through a planned development review or
conditional use permit.
(B) Driveway Regulations and Design Reduirements
(1) Single and Two - Family Residential Driveways
(a) Single- family uses are limited to one driveway per lot unless otherwise regulated
in this code. Two - family uses are permitted two driveways per lot unless
otherwise regulated in this code.
(b) Driveways may be constructed as follows but shall not interfere with lot drainage
am ( or subdivision drainage plans:
000. (i) Driveways shall be setback a minimum of 6 inches from the side lot line
on parcels with less than 60 feet of lot width /frontage.
(ii) Driveways leading to detached garages shall be setback a minimum of
2.5 feet from the side lot line or the setback of the detached garage or
uncovered parking space next to the garage.
City of Oshkosh Chapter 30 — Page 4 Municipal Code
City of Oshkosh
Municipal Codes
Revised as of 3/11/08
(iii) Driveways leading to attached garages or uncovered parking areas shall
be setback a minimum of 7.5 feet from the side lot line or the setback of
the uncovered parking area.
Figure 1. Single and Two-Family
Residential Driveway
TERRACE
STREET
MINIMUAIV,
MWQM UM 2CAT
PROPERTY LINE
OR NO WIDER
THAN GARAGE,
,r MAKSAUM
V NO GARAGE
Figure 2. Single and Two- Family
Residential Driveway with Taper
(c) Driveways shall be a minimum
width of 8 feet. Driveways leading
to garages are limited to 24 feet
maximum width at the lot line but
may increase to the width of the
garage. Where no garage exists
the maximum driveway width shall
be 12 feet and shall be situated as
not to create only front yard
parking. (See Figure 1)
(i) Where the width of the
driveway at the garage
exceeds the maximum
width of the driveway at the
lot line, the driveway shall
be tapered between the
garage or the edge of the
uncovered space alongside
the garage and the lot line
starting a minimum of 5
feet inside the parcel. The
drive width shall be the
least possible needed
when leading to a legal
uncovered space next to
the garage. (See Figure 2)
STREET
City of Oshkosh Chapter 30 — Page 5 Municipal Code
City of Oshkosh
Municipal Codes
Revised as of 3/11/08
ARTICLE XI1. OFF - STREET PARKING AND LOADING FACILITIES
SECTION 30 -36 OFF - STREET PARKING AND LOADING FACILITIES (revised 319120061
(A) General Provisions This article regulates the minimum/maximum number, the use, the design
and the maintenance of parking spaces, parking lots, drives /driveways, aisles, loading and
drive- through facilities within the City of Oshkosh.
(1) When Required. Off - street parking spaces shall be provided at the time any structure is
M L erected, structurally altered or changed in use, unless otherwise noted in this Chapter.
(a) Parking is not required for non - residential uses in the C -3 Central Commercial
District, however when off - street parking facilities are provided, such facilities
shall be provided in accordance with the provisions of this Ordinance, except in
respect to the required number of spaces.
(b) Use Changes
(i) Whenever a commercial or industrial structure or use is changed or
enlarged in floor area, number of employees, seating capacity or
otherwise, to create a need for an increase of 10% or more in the number
of existing parking spaces, said spaces must be provided.
(ii) Whenever a structure or use is enlarged to the extent of 50% or more in
floor area or in the area used, said structure or use shall then and
thereafter comply with the parking requirements set forth herein.
(c) Special Provisions for Nonconforming Parking Lots
Legally established parking facilities constructed prior to the effective date of this
Ordinance with less setbacks than required by this Ordinance shall be permitted
to be reconstructed with less setbacks subject to approval of a parking lot layout
plan by the Zoning Administrator. Said parking lot layout plan shall be designed
in accordance with the dimensions identified in Table A and Figure 8 of this
chapter. Parking lot reductions shall only be provided in the following instances:
(i) To prevent the loss of Ordinance required legal parking spaces;
(ii) To prevent the loss of required legal internal circulation aisle ways;
(iii) To retain the functionality of the parking lot.
The remaining setback area shall be devoted to landscape buffer area per
parking lot perimeter landscape requirements. If, in the opinion of the Zoning
Administrator, the remaining setback area cannot effectively support any type of
vegetation, the parking facility may be reconstructed to the existing setback, with
the exception that curbing, decorative masonry wall and/or wrought iron fence be
installed along said parking lot perimeter to prevent vehicles from encroaching
over the right -of -way or property lines.
City of Oshkosh Chapter 30 — Page 1 Municipal Code
Municipal Codes
City of Oshkosh Revised as of 3/11/08
(i) Show all lot dimensions and lot lines.
(ii) Paved areas shown and dimensioned.
(iii) The traffic pattern and parking space layout shall be indicated, including
required handicapped spaces.
(iv) The dimension of individual parking spaces and aisle width shall be
identified.
(v) The size and location of ingress and egress openings.
(vi) The location, size at planting, and species of all landscape plantings.
(vii) The location of all lighting systems.
(viii) Drainage and /or stormwater management plan subject to approval by the
Department of Public Works.
(ix) The site plan shall be drawn to scale of no less than 1" = 100'.
(2) Access to Parking Areas/Stalls
(a) Parking spaces and access drives shall be arranged so as to require ingress and
egress from the parking lot to a street only by forward motion of a vehicle.
(b) Angled spaces (those other than 0 or 90 shall be accessed via one -way aisles.
(3) Surfacing. All driveways, access drives, parking lot aisles, parking spaces, service
areas, and all off - street parking facilities shall be graded and surfaced so as to be dust -
free and properly drained.
(a) Dust -free_ surface All driveways and parking areas shall be surfaced with a
minimum thickness of 3 inches of asphaltic concrete, concrete, or any
Department of Public Works approved bituminous surfacing over a minimum
thickness of 4 inches of an aggregate base material.
(b) Draina e: Parking areas shall be designed in such a manner so as to not have
a negative surface water drainage impact on adjacent properties and to provide
functional relief from said area. Storm sewers which serve parking lots shall be
designed to accommodate a 10 -year storm event without surcharging out of the
?j rim.
(4) Curbs. A minimum 6 inch high curb shall be installed around all parking areas and
internal landscape islands, except as follows:
(a) At designated driveways and cross access areas.
(
(b) Where bio- retention methods of stormwater management are utilized as part of
an approved grading and drainage plan, alternative methods to the installation of
curbing may be considered by the Department of Community Development
provided that measures are taken to protect landscaping from vehicular
circulation damage.
Striping. All parking spaces and drive aisles shall be striped and maintained in a clear
and visible manner.
City of Oshkosh
Chapter 30 — Page 10 Municipal Code
City of Oshkosh
Municipal Codes
Revised as of 3/11/08
(6) Maintenance of Parking Areas. Parking facilities and required screening and
landscaping shall be continuously maintained in good condition and appearance.
Whenever necessary, surfacing, lighting, barriers, markings, and planting materials shall
be repaired or replaced with new materials in compliance with the provisions of this
Ordinance.
(7) Size of Stalls and Drive Aisles. Parking stalls and drive aisles shall be installed in
conformance with Table A and Figure 8 below:
(a) Parking stall dimensions are based on the angle of the stall and the function of
the drive aisle.
Table A: Parking Stall Dimensions
i u.n y
XTE
0° 22'
�
1 C
e�J. . ,. . .
9'
is idth [
14'
iS1e i t =
24'
25' 6 *
14'
one-way onl
45 12
21' *
16'
one-way onl
60 10
18' *
24'
1 24'
90° 9'
by 2' provided overhang is over a landscaped area
stop is provided to protect vegetation.
* Stall depth may be reduced
and a concrete curb or wheel
Figure S. Parking Stall Dimensions
- Y�/� �/ /
rMA5 c
I - B T
D
A
(8) Screening and Landscaping: In accordance with Section 30 -35(I) and the following:
(a) Interior parking lot landscaping shall be required for any parking lot with more
than 20 parking spaces. Internal parking lot landscaping shall be accomplished
by the installation of landscape islands or other types of landscape application
approved by the Zoning Administrator.
City of Oshkosh Chapter 30 — Page 11 Municipal Code
City of Oshkosh
Figure S. Landscape Planter Islands
(b) Landscape planter islands
shall contain a minimum of
125 square feet in area, and
be at least 7 feet in width
measured from the back of
curb. For double - parking
rows, a minimum 250 square
foot landscape planter island
shall be required. The 7 foot
dimension may be reduced to
accommodate' the triangular
shape resulting from angled
parking.
(i) Exception A
continuous 7 foot
wide landscape
strip may ' be
provided between
double parking
rows in place of
landscape planter
islands
1
Municipal Codes
Revised as of 3/11/08
fl
W
iza or MWIMUM
sF 66t8WN
35
T
Figure 10. Interior Landscaping
WYERM LWMAMG
City of Oshkosh Chapter 30 — Page 12 Municipal Code
City of Oshkosh
Municipal Codes
Revised as of 3/11108
fv
o
Multiple family dwelling 2 spaces per N/A
.2 bedroom or less
unit plus 0.5 space
per additional
bedroom over 2
bedrooms per unit
Active adult, senior or 1 space per
N/A
If use can be converted to general
retirement community dwelling unit
housing, proof of additional available
(not including nursing
parking is required.
home or assisted
livin
Home occupation As required for i
N/A
At least one of the required spaces
dwellino unit
shall be accessible for client parkin
CONGREGATE LIVING
Lodging, boarding or 1 space per room,
N/A
If use can be converted to general
halfway house, & off- plus one space for
housing, proof of additional available
campus student each fulltime staff
parking is required.
housing, including equivalent
fraternity / sorority
house
On- campus student To be determined by
N/A
Parking study required
housing zoning administrator
based on
p arking stud
Group homes, 1 space per
N/A
If use can be converted to general
homeless shelters employee on the
housing, proof of additional available
largest shift plus
parking is required.
1 - space for every
4 residents based
on capaci
Convent, monastery 1 space per 3 beds
N/A
plus 1 space per
employee on the
largest shift
Nursing home, 1 space per 4 beds
1 space per 2.5 beds
A plan to manage parking during shift
assisted living facility plus 3 spaces per
plus 3 spaces per 4
changes shall be provided to the
4 employees on the
employees on the
Zoning Administrator.
lam est shift
largest shift
Family daycare home Residential
N/A
Drop -off space may be on- street
requirement plus 1
adjacent to residence with permission
drop-off s ace
of the Transportation Director.
Daycare facility 1.25 spaces per
2 spaces per
employee plus
employee plus 1
1 space per 10
space per 5 students
students based on
based on capacity
capacity; or 1 space
per 15 students if a
drop -off and pick -up
space is provided
School, grades K -12 To be determined by
To be determined by
Parking study required.
zoning administrator
zoning administrator
based on
based on
p arking study
parking stud
City of Oshkosh Chapter 30 —Page 16 Municipal Code