HomeMy WebLinkAbout03. 12-542 NOVEMER 13, 2012 12-542 ORDINANCE
FIRST READING
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: AMEND ZONING ORDINANCE SECTION 30-36 OFF-STREET
PARKING & LOADING FACILITIES
INITIATED BY: DEPARTMENT OF COMMUNITY DEVELOPMENT
PLAN COMMISSION RECOMMENDATION: Approved
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND
RECREATING SECTIONS 36-36(B)(1)(f), 30-36(C)(1)(b) AND CREATING NEW
FIGURES 7a AND 7b, AND REPEALING SECTION 30-36(E)(2)(b) ALL RELATING TO
OFF-STREET PARKING AND LOADING FACILITIES
The Common Council of the City of Oshkosh do ordain as follows:
SECTION 1. Section 30-36(B)(1)(f) is hereby repealed and recreated as follows:
(f) Shared driveways (drives located on multiple lots and typically situated
over lot lines) that existed prior to the adoption of this code may remain as
legal nonconforming drives and may be reconstructed as is with a cross
access easement being recorded with the Register of Deeds.
SECTION 2. Section 30-36(C)(1)(b) and Figure 7 are hereby repealed and
recreated as follows:
(b) One uncovered parking space is permitted alongside a garage, as outlined
below:
(i) On interior lots, one uncovered parking space is permitted alongside a
garage when said space is not located between the building and the street or
the building and the rear lot line and is no closer than 7.5 feet from a side lot
line.
(ii) On Corner lots, one uncovered parking space is permitted alongside the
garage when said space is not located between the building and the street
and is no closer than 7.5 feet from the rear lot line.
(iii) Any uncovered parking space alongside a garage must be screened from
view per screening code, Section 30-35_(I) of the Municipal Code (See Figure
7a and 7b).
NOVEMBER 13, 2012 12-542 ORDINANCE
CONTD
Figure 7a.Single and Two-Family Figure 7b.Single and Two-Family
Residential Space Beside Garage Residential Space Beside Garage
(Interior Lotl (Corner Lots
SPAC.F TO RE SCREENED 2.5 MINIMUM SPACE TO BE SCREENED
BY MINIMUM 5'TALL SOLID OR NO CLOSER BY MWIMIAA 5'TALL SOLID T.5 MINMUM L.
FENCE OR HEDGE TO PR.THAN FENCE OR HEDGE
GARAGE
PROPERTY LINE
REAR YARD)
SPACE TO BE _.
SCREENED RY
t � 0 MINEIM MS' x PA if Mpi. `• ._
TALL SOLID y
AmmasmAAMJ. l FENCE OR 6 ��99
�aP. HEDGE Z L I -i 7:R d I
MINIMUM I N^i { — 1,
�
w ;—,
C7u�4 i; W
„„ z
MUTAMUM A'. 0 Id'
MAAIMUM 3L'AT K a F (0
PROPERTY LINE
a,: OR NO
THAN GARAGE
IF NO GARAGE
1 _IL: . 1 4ligva7171. I I [ L l 1_ LLT _ 7 PROPERTY UNEIFRONTYARD)
1..�
TERRACE \ 1_ T. I_. , SIDEWALK f . 1 ..
-- TERRACE
STREET --- —.--
STREET
SECTION 3. Section 30-36(E)(2)(b) is hereby deleted.
SECTION 4. This Ordinance shall be in full force and effect from and after its
passage and publication.
SECTION 5. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #12-XXX AMEND ZONING ORDINANCE SECTION 30-36 OFF-
STREET PARKING & LOADING FACILITIES on November 27, 2012. 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.
O./HKO.JH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: November 8, 2012
RE: Amend Zoning Ordinance Section 30-36 Off-Street Parking and Loading
Facilities (Plan Commission recommends approval)
BACKGROUND
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 current Parking and Loading
Ordinance was adopted in March 2008 and was amended in May 2009 in order to fine tune
the ordinance and address items that may have come to the surface one year after its
adoption. Over the last three years, the Parking Ordinance has operated well with very little
controversy but three minor items have surfaced that should be addressed to keep the code
up-to-date. This text amendment request makes those corrections.
ANALYSIS
There are three areas that require corrections. 1) Remove the necessity for a variance for
shared driveways when they are reconstructed. 2) Remove the limitation of an accessory
parking stall between a garage and the rear lot line. 3) Remove the limitation on one-way
traffic movement for angled stall parking facilities. The Plan Commission recommended an
amendment to the language for issue #2 to be allowed only with corner lots (see attached).
FISCAL IMPACT
None anticipated.
RECOMMENDATION
The Plan Commission approved of this request at its October 2, 2012 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 October 2, 2012
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 current Parking and Loading Ordinance was adopted in March 2008 and
was amended in May 2009 in order to fine tune the ordinance and address items that may have come to
the surface one year after its adoption. Over the last three years, the Parking Ordinance has operated
well with very little controversy but three minor items have surfaced that should be addressed to keep
the code up-to-date. This text amendment request makes those corrections.
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
Issue 1: Remove the necessity for a variance for shared driveways when they are reconstructed.
To address the common issue of when existing shared driveways are substantially reconstructed and a
variance to driveway setback is required to reestablish them. Currently, the code requires that a
variance for the required setback be received and that a cross access easement be established(if not
already present). The variance requirement has been found to be time consuming and burdensome to
property owners who merely wish to improve the surface of their existing shared driveway.
Correction: Add the language at the end of the first sentence of Section 30-36(B)(1)(f) as below:
"...and may be reconstructed as-is with a cross access easement being recorded with the Register
of Deeds"
Issue 2: Remove the limitation of an accessory parking stall between a garage and the rear lot line.
A common issue with residential property owners has been the inability to establish an uncovered
parking space alongside a garage when located between
the garage and the rear lot line. This has been a particular
issue for corner lots that have two front yards and g \ -
detached garages.
Correction: Remove language within Section 30-
36(C)(1)(b) as below:
st,em
"...or the building and the rear lot line" .M
Issue 2: Remove the limitation of an accessory parking stall between a garage and the
rear lot line.
Original with Mod:
(b) One uncovered parking space is permitted alongside a garage when said space
is not located between the building and the street or the building and the rear lot
line and is no closer than 7.5 feet from a side lot line. Said space must be
screened from view per screening code, Section 30-35_(l) of the Municipal Code
(See Figure 7).
Proposed Amended Language Per Plan Commission Recommendation:
(b) One uncovered parking space is permitted alongside a garage, as outlined
below:
(i) On interior lots, one uncovered parking space is permitted alongside a garage
when said space is not located between the building and the street or the
building and the rear lot line and is no closer than 7.5 feet from a side lot line.
(ii) On Corner lots, one uncovered parking space is permitted alongside the
garage when said space is not located between the building and the street
and is no closer than 7.5 feet from the rear lot line.
(iii) Any uncovered parking space alongside a garage must be screened from
view per screening code, Section 30-35_(I) of the Municipal Code (See Figure
7a and 7b).
Figure 7a.Single and Two-Family Figure 7b.Single and Two-Family
Residential Space Beside Garage Residential Space Beside Garage
(Interior Lotl (Corner Lot)
SPACE TO BE SCREENED 2.5'MINIMUM ---.i
BY MINIMUM 5'TALL SOLID\ OR NO CLOSER cro BE SCREENED
i
a
FENCE OR HEDGE N TO P/L THAN BRICE ruu I L CLIG
r S 75'MINIMUM
GARAGE FENCE OR HEDGE
7‘; PROPERTY:LIRE
_g��� SPACE TO BE -n Y ounOPE YfJi6)
400/NEIgakUrgii:nit GARAGE h SCREENED BY c, ti
MINIMUMS' , 7F IN MIN
Al 1 TALL SOLID
i M �+FENCE OR Y HEDGE 1'" "
ry", N 7.5'
P r MINIMUM t'
w s' 1 arm i J
s'
1
a e, ,_ J w N
rc gumg a �'' �i
MINIMUM B'.
'�+`T.r- „' MAXIMUM 24 AT
�� 0'017=:. PROPERTY LINE
- OR NO WIDER —!
,„;,,„• THAN GARAGE. ..
,.,4` 12'MAXIMUM PROPERTY LINEIFRGM'YARDI
IF NO GARAGE SIDEWALK , I 1 I
PROPERTY LINE >r, _ TERRACE ^.^_. .
I I I I IIDEU{IAILK I I I I I I I I I I I STREET
TERRACE
STREET
Issue 3: Remove the limitation on one-way traffic movement for angled stall parking facilities.
In the 2009 update to the parking code, a modification was made to address the issue of allowing
angled parking to be accessed by a two-way drive lane. The modification included a change to "Table
A" and addition of a graphic (below) to permit two-way movement with a 24 foot wide drive aisle.
Table A: Parking Stall Dimensions
One-Way Two-Way
Angle(A) Curb Width(B) Stall Length(C) Aisle Width(D) Aisle Width(D)
0° 22' 9' 14' 24'
45° 12'6" 18' 14' 24' { 3
60° 10'3" 18' 16' 24' I
90° 9' 18'* 24' 24' a/
* Stall depth may be reduced by 2'provided overhang is over a landscaped area and a
concrete curb or wheel stop is provided to protect vegetation.
(—C –I
This change took place but a separate reference limiting angled parking to one-way access in a different
section of the code was overlooked.
Correction: Remove Section 30-36(E)(2)(b) as below:
"Angled spaces (those other than 0 or 90°) shall be accessed via one-way aisles"
RECOMMENDATION
Staff recommends approval of the amendments as proposed.
The Plan Commission approved of the text amendments as revised. The following is the Plan
Commisison's discussion on this item.
Ms. Lohry inquired how the first amendment would impact properties in the University area. She felt
this could create more parking problems.
Mr. Buck noted the amendment would apply to both owner occupied and rental properties. The
amendment should make it easier to reconstruct existing shared driveways. You do not see many, if
any, new shared driveways being constructed.
Mr. Hinz stated that if there is not an approved/recorded cross parking agreement, one would need to
be recorded before the driveway could be rebuilt.
Mr. Buck replied yes.
Mr. Thorns inquired if the second amendment deals with corner lots only. There are a lot of large lots
in the City that could take advantage of this additional parking/driveway scenario.
Mr. Buck stated the amendment could apply to most lots in the City. Mr. Buck pointed out, however,
that screening requirements would still apply when these parking areas are constructed.
Mr. Thorns felt the amendment should only be for corner lots. The majority of those present concurred
with Mr. Thorns.
3
Mr. Burich stated that typically a detached garage would be built close to the rear and side lot lines and
the proposed amendment would provide for an additional parking/boat storage area.
Motion by Vajgrt to approve the text amendments to the Zoning Ordinance with
the second amendment being changed to address only corner lots.
Seconded by Cummings. Motion carried 9-0.
Text Amendment-Off-Street Parking 1
City of Oshkosh Municipal Codes
Revised 12/31/09
Figure 4. Single and Two Family Residential
Circular Driveway
(d) Circular, horseshoe and similar type
driveways shall be permitted where Q�•MINIMUNL
the minimum lot width is at least 100
feet. The maximum width of such a
driveway shall not exceed 12 feet,
except for the area of allowable
paving in front of the garage, and
the inside edge of the arc of the
driveway shall be at least 25 feet z
� , GARAGE'
from the lot line. For driveways with
two curb openings, the spacing shall
provide a minimum dimension of 50
feet between the inside driveway
edges, measured at the lot line (See
Figure 4).
SID WALK Ii•1IUU•UI11RtIUU11.....••
TERRACE 111111111111111M
MINIMUM 50
STREET BETWEEN
DRIVE OPENINGS
(e) Driveways and uncovered spaces shall be constructed in accordance with this
code within 18 months of construction. If not dust free for up to the permitted 18
months, the minimum aggregate base of 4 inches is required.
(f) Shared driveways (drives located on multiple lots and typically situated over lot
/SY lines) that existed prior to the adoption of this code may remain as legal
nonconforming drives. No new shared drives may be established unless setback
variances are received and cross access easements recorded with the Register
of Deeds.
(g) Any time a driveway is expanded by more than 50% of the width (measured at
the property line), length, or surface area, the entire driveway shall be brought
into compliance with this code.
(h) Additional regulation on drives for single and two-family uses can be found within
Chapter 25 of the Municipal Code.
(2) Multi-family Residential, Commercial and Industrial Use Drives
(a) Driveways must meet the setback and other regulations of their underlying
zoning designation, including but not limited to transitional yards.
(b) Additional regulation on drives for multifamily, commercial and industrial uses
can be found within Chapter 25 of the Municipal Code.
City of Oshkosh Chapter 30—Page 113 Municipal Code 5
City of Oshkosh Municipal Codes
Revised 12/31/09
Figure 7.Single and Two-Family
Residential Space Beside Garage
SPACE TO BE SCREENED 2.5 MINIMUM
BY MINIMUM O 5R THAEDLL G SE O LID\� OR NO CLOS E
f GARAGE
(b) One uncovered parking space
is permitted alongside a �3Ti SPACE TO BE
T41. , SCREENED BY
garage when said space is not ARAGE MINIMUMS
STALL s%�TALL SOLID
located between the building FENCE OR
HEDGE
i55v4- and the street or the building
7.5'
and the rear lot line and is no MINIMUM
7.5 feet from a side
closer than lot line. Said space must be
screened from view per ,
screening code, Section 30-35 K
(I) of the Municipal Code (See
MINIMUM B',
Figure 7). w MAXIMUM 24'AT
_ -PROPERTY LINE
";"" OR NO WIDER
THAN GARAGE,
12'MAXIMUM
r IF NO GARAGE
'PROPERTY LINE
1 l 1 l SILt,EVitALKI 1 1 I�1 1 1 1 1 1 I I I I
TERRACE
STREET
(c) Impervious surface associated with rear yard parking shall be no greater than
30% of the total rear yard area.
(2) Surfacing. All driveways and parking spaces 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) Drainage: 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.
(D) Single and Two Family Dwelling Parking Standards for Substandard Lots. Passenger vehicle
parking for single or two family parcels with less than 60 feet of lot width or less than 100 feet of
lot depth are regulated as follows:
(1) Driveways shall be considered legal "stacked" parking spaces provided that each space
is no less than 9 feet in width and 18 feet in depth.
(2) Open parking areas, including driveways as discussed above, are permitted with the
following setbacks:
(a) A front yard setback no less than the setback of the front façade of the principal
structure.
City of Oshkosh Chapter 30—Page 115 Municipal Code (fl
City of Oshkosh Municipal Codes
Revised 12/31/09
(b) Side yard setback between front and rear facades of principal structure of no less
than 6 inches.
(c) Side yard setback past rear façade of the principal structure and the rear lot line
of not less than 2.5 feet.
(d) Rear yard setback of not less than 2.5 feet.
(3) Open parking situated beyond the rear façade of the principal structure must be
screened with a minimum of 5 foot tall vegetation, fencing or other material that creates
a solid screen, impervious to sight from adjacent properties, excluding views from the
side of the lot where access is provided.
(4) Open parking spaces located beyond the rear façade of the principal structure may be
reduced in depth to 16 feet provided permanent wheel stops are supplied.
(5) Impervious surface associated with rear yard parking shall be no greater than 50 percent
of the total rear yard area.
(E) Parking Area Design & Maintenance-Multi-Family, Commercial and Industrial Uses.
(1) Parking Plan Required. Creation of new or reconstruction/alteration of an existing
parking/loading area requires a parking plan.
(a) Parking plans shall include the following information:
(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
s5„9„...3 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.
City of Oshkosh Chapter 30—Page 116 Municipal Code 7