City of Burlington in the Year Two Thousand Twenty-Three an Ordinance in Relation to CDO—PARKING Minimum and Maximum Parking Requirements and Transportation Demand Management ZA# 22-07 | Ordinance Changes | Seven Days | Vermont's Independent Voice

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City of Burlington in the Year Two Thousand Twenty-Three an Ordinance in Relation to CDO—PARKING Minimum and Maximum Parking Requirements and Transportation Demand Management ZA# 22-07 

Published January 25, 2023 at 10:00 a.m.

ORDINANCE 8.04
Sponsor(s): Ordinance Committee
Public Hearing Dates:
First reading: 09/27/21
Referred to: Ordinance Committee
Rules suspended and placed in all stages of passage:
Fifth reading: 01/09/23
Action: adopted
Date: 01/09/23
Signed by Mayor: 01/17/23
Published: 01/25/23
Effective: 02/15/23

It is hereby Ordained by the City Council of the City of Burlington as follows:

That Appendix A, Comprehensive Development Ordinance, of the Code of Ordinances of the City of Burlington, be and hereby is amended by amending Sections 4.4.1 (d) 5, Development Bonuses/Additional Allowances; 4.4.5 (d) 4. C., Residential Occupancy Limits; 4.5.3 (c) 6, Parking Requirements; 4.5.6 (c), District Specific Regulations: Mouth of the River Overlay; 5.1.1 (c), Permitted Uses; 5.1.1 (d), Conditional Uses; 5.3.6 (c), Changes to a Nonconforming Lot; 5.3.8, Rebuilding After a Catastrophe; 5.4.12 (a), Mobile Home Parks; 8.1.3, Parking Districts; 8.1.4, Existing Structures; 8.1.5, Existing Structures-Change or Expansion of Use; 8.1.6, Affordable Housing and Historic Buildings Exemption; 8.1.7 Non-Conforming Residential Structure; 8.1.8, Minimum Off-Street Parking Requirements; Table 8.1.8-1, Maximum Off-Street Parking Requirements; 8.1.9, Maximum Parking Spaces; Table 8.1.9-1 Maximum Off Street Parking Requirements; 8.1.12, Limitations, Location, Use of Facilities; 8.1.15, Waivers from Parking Requirements/Parking Management Plans; 8.1.16, Transportation Demand Management; 8.3.3, Institutional Parking Management Plans; 8.3.4, Review and Approval of Institutional Parking Management Plans; and 8.3.5 Review and Approval of Applications for Future Development, thereto to read as follows:

Sec. 4.4.1 Downtown Mixed Use Districts

(a) – (c) As written.

(d) District Specific Regulations

1-4 As written

5. Development Bonuses/Additional Allowances The following exceptions to the allowable base building height and FAR as provided in Table 4.4.1-1 above may be approved in any combination subject to the maximum limits set forth in Table 4.4.1-2 below at the discretion of the DRB. The additional FAR allowed shall correspond to the proportion of the additional building height granted to the maximum available.

A. Public Parking

A bonus in excess of the base height and FAR allowance in Downtown Waterfront – Public Trust District

may be permitted at the discretion of the DRB for the provision of public parking as follows:

(i) As written.

(ii) 10-feet of additional building height and corresponding FAR may also be permitted, independent of subsection (i) above, where no less than 25 parking spaces or an additional ten percent (10%) above the minimum spaces required pursuant to Sec. 8.1.8, whichever is greater, are made available to the general public at all times.

(iii) – (iv) As written.

B. – F. As written.

Sec. 4.4.5 Residential Districts

(a) – (c) As written.

(d) District Specific Regulations The following regulations are district-specific exceptions, bonuses, and standards unique to the residential districts. They are in addition to, or may modify, city-wide standards as provided in Article 5 of this ordinance and district standards as provided above.

1. -3. As written.

4. Residential Density

A. –B. As written.

C. Residential Occupancy Limits In all residential districts, the occupancy of any dwelling unit is limited to members of a family as defined in Article 13. Notwithstanding the following, the minimum square footage requirements shall be reduced by ten (10%) percent in situations where the residential premises are owner occupied.

Subject to Conditional Use approval by the DRB, a dwelling unit may be occupied by more than four (4) unrelated adults if it contains at least twenty-five hundred (2,500) square feet excluding its attic and basement pursuant to the following:

(i) If in a RL district, the dwelling unit also contains at least an additional two hundred fifty (250) square feet and two (2) onsite parking spaces, plus one (1) additional parking space per adult occupant in excess of four (4); or,

(ii) If in a RM district, the dwelling unit also contains at least an additional two hundred (200) square feet and two (2) onsite parking spaces, plus one (1) additional parking space per adult occupant in excess of four (4).

iii) If in a RH district, the dwelling unit also contains at least an additional 150 square feet and two (2) onsite parking spaces, plus one (1) additional parking space per adult occupant in excess of four (4).

In considering a request relating to permitting a greater number of unrelated individuals residing in a dwelling unit within a residential zoning district, no conditional use permit may be granted unless all facilities within the dwelling unit, including bathroom and kitchen facilities are accessible to the occupants without passing through any bedroom. Each room proposed to be occupied as a bedroom must contain at least one hundred twenty (120) square feet.

5. -6. As written.

***

Sec. 4.5.3 RH- Density Bonus Overlay District

(a)-(b) As written.

(c) District Specific Regulations: RH- Density Bonus Overlay:

1.-5. As written.

6. Parking Standards Requirements In addition to the parking standards requirements found in Article 8, the following shall also apply within this Overlay:

There shall be at least one parking space per residential unit (exceptions for senior and affordable housing, as outlined in Article 8, shall apply).There shall be an affirmative finding by the DRB that the proposed development provides adequate parking for its residents and non-residential uses. At least seventy-five (75%) of the parking spaces required after any waiver shall be provided onsite as structured parking spaces. Any structured parking shall be concealed by the structure or the building so that it is not visible from the street (the entrance and exit may be visible).

7.-9. As written.

Sec 4.5.6 Mouth of the River Overlay District

(a)-(b) As written.

(c) District Specific Regulations: Mouth of the River Overlay:

1. Uses

A. Exception for Non-Residential Marine and Recreational Uses Small-scale non-residential marine and recreational uses in the Mouth of the River Overlay shall be allowed as follows:

(i)-(viii) As written.

(ix) To the extent that additional parking is provided required, the parking standards

for Shared-Use Districts shall apply pursuant to Article 8;

(x)-(xi) As written.

***

Sec. 5.1.1 Uses

Except as otherwise provided by law or by this ordinance, no land or structure in any district shall be used or occupied except as specified under the provisions of this ordinance and the requirements of the zoning district in which such land or structure is located as specified in Article 4 and in Appendix A-Use Table.

(a)-(b) As written.

(c) Permitted Uses

A permitted use is allowed as of right in any district under which it is denoted by the letter "Y"; in Appendix A- .Use Table. Permitted uses are subject to such requirements as may be further specified in this ordinance such as but not limited to dimensional and intensity limitations, performance and design standards, and parking requirements standards.

(d) Conditional Uses

A conditional use is listed in any district where denoted by the letters "CU" in Appendix A - Use Table. Such uses may be permitted by the DRB only after review under the conditional use provisions provided in Article 3, Part 5, such further restrictions as the DRB may establish and such additional requirements as may be established by this ordinance such as but not limited to dimensional and intensity limitations, performance and design standards, and parking requirements standards.

(e)-(i) As written.

Sec. 5.3.6 Nonconforming Lots

Development may occur on a non-conforming lot only in the following manner:

(a)-(b) As written.

(c) Changes to a Nonconforming Lot No change shall be permitted to any nonconforming lot which would have the effect of increasing the density at which the property is being used, or increasing the structure located upon such lot, if the dimensional requirements and standards, including parking, of the underlying zoning district are not met as a result thereof. Allowance of adaptive reuse and residential conversion bonuses shall be an exception to the foregoing standards. A lot shall be considered nonconforming if there is not sufficient parking, as determined by the standards provided in Article 8. In such cases where a parking waiver or waivers may be or have been legally granted, such a waiver shall be considered superseded by the standards provided in Article 8. not be considered to increase the degree of non-conformity.

***

Sec 5.3.8 Rebuilding After Catastrophe

If the structure housing a nonconforming use or a nonconforming structure is damaged by fire, explosion, or other catastrophe, and no government investigation determines that the damage resulted from the owner's intentional conduct or gross negligence the use may be restored or the structure rebuilt subject to the following provisions:

(a)-(c) As written.

(d) Noncompliance, in terms of dimensional regulations or parking requirements, shall not be increased beyond what existed prior to the catastrophe and, where physically possible, shall come into compliance;

(e)-(f) As written.

***

Sec 5.4.12 Mobile Home Parks

In addition to the applicable provisions of Site Plan Design Standards in Art 6, Part 2, and Article 10 Subdivision Review (if applicable), the following additional regulations shall be applicable to any application involving a Mobile Home Park. The provisions of Art 3, Part 5 for Conditional Uses shall also apply to applications involving new or expanded Mobile Home Parks.

(a) Mobile Home Parks

Regarding the establishment and operation of a Mobile Home Park:

1-5. As written.

6. One (1) on-site parking space shall be required per individual Mobile Home.

7-9. As written with renumbering.

(b) As written.

***

Sec. 8.1.3 Parking Districts

The demand for parking is highly dependent on the context within which a given use or structure is located. Factors such as proximity to other related uses, availability of public transportation and alternative forms of and supports for transportation, the density of land uses, and the ability to share parking with nearby uses are all factors which influence the demand for individual and dedicated off-site parking. For the purposes of this Article, the following three (3) Parking Districts as illustrated in Map 8.1.3-1 are hereby created:

(a) Neighborhood Parking District:

This parking district establishes the baseline of parking requirements throughout the city encompasses the primarily residential neighborhoods of the city where the demand for off-site parking is largely dependent on the needs and characteristics of and transportation resources available to an individual site or land use.

(b) Shared Use Parking District:

This parking district reduces the requirements from the baseline standards recognizing recognizes that opportunities exist to share parking demand between related nearby land uses, and that travel to and between these uses may not be strictly automobile dependent.

(c) Multimodal Mixed-Use Parking District:

This parking district recognizes that eliminates the minimum on-site parking requirements of Sec. 8.1.8 recognizing the opportunity for extensive sharing of parking demand between nearby mixed land uses makes travel to and between proximate land uses largely independent from an automobile; and that an array of non- vehicular transportation modes, public parking facilities, and frequent transit service greatly reduces the need for independent on-site parking for individual land uses.

This Parking District includes all properties in the following Zoning Districts:

(a) Downtown Core (FD6)

(b) Downtown Center (FD5)

(c) Downtown Waterfront – Public Trust (DW-PT)

(d) Neighborhood Activity Center (NAC)

(e) Neighborhood Mixed Use (NMU)

(f) NAC – Riverside (NAC-R)

(g) NAC – Cambrian Rise (NAC-CR)

This parking district also includes the properties located at 0 and 52 Institute Road.

With the exception of those properties subject to Part 3 - Institutional Parking Management Plans, this Parking District also includes all properties with street frontage on the following major thoroughfares to a maximum depth of 200-ft.:

(a) North Avenue from Battery Park to Plattsburg Avenue

(b) Colchester Avenue

(c) Pearl Street

(d) North Winooski Avenue

(e) Riverside Avenue from N. Winooski Ave to Colchester Ave

(f) Battery Street

(g) Main Street

(h) College Street to South Williams Street

(i) Pine Street

(j) Saint Paul Street

(k) Shelburne Street

Map 8.1.3-1 Parking Districts As written.

Sec. 8.1.4 Existing Structures

Any structure or land use lawfully in existence prior to the adoption of this ordinance shall not be subject to the requirements of this Article as long as the kind or extent of use is not changed, and provided further that any parking facilities now serving such structures shall not in the future be altered.

Within the Multimodal Mixed-Use Parking District, an administrative permit may be requested to remove the minimum off-street parking requirements associated with permits issued prior to December 16, 2020. This provision does not apply to permits containing public parking provided in exchange for an Article 4 Development Bonus (See Sec. 4.4.1 (d) (5) (A)). For those permits, the public parking provided shall be maintained. This provision does not apply within the Neighborhood or Shared Use Parking Districts.

Sec. 8.1.5 Existing Structures - Change or Expansion of Use

Whenever there is an alteration or conversion of a structure or a change or expansion of a use which does not involve complete redevelopment or substantial rehabilitation of the structures on a lot:

• the parking and TDM requirements of this Article shall apply only to the new use or net new area of the expanded use, and

• existing parking may exceed the maximum limits per Table 8.1.9-1 as a result of a change of use or change in the intensity of a use(s) on a lot, and

• changes to existing parking in Shared Use and Neighborhood Parking districts is not precluded by Sec. 8.1.4.

Sec. 8.1.6 Affordable Housing and Historic Buildings Exemption (Reserved) Regardless of location, the Minimum Off-Street Parking Requirements found under Sec. 8.1.8 below shall not apply to any of the following:

(a) The creation of permanently affordable inclusionary housing units satisfying the applicable provisions of Article 9 Part 1 - Inclusionary Housing (see Sec. 9.1.10 Income Eligibility and Sec. 9.1.11 Calculating Rents and Selling Prices);

(b) The adaptive reuse and/or substantial rehabilitation of a building listed on the State or National Register of Historic Places; and,

(c) The creation of an Accessory Dwelling Unit subject to the provisions of Sec. 5.4.5.

Sec. 8.1.7 (Reserved)Sec. 8.1.8 Minimum Off-Street Parking Requirements

Requirements for a minimum number of off-street parking spaces have been recognized as an impediment to building housing and other desired uses, inhibit the expansion of alternative transportation and transportation demand management, and act as an instrument to overbuild parking and incentivize single occupancy automobile use. Therefore, minimum off-street spaces are eliminated in all parking districts for all uses except for applications seeking to exceed occupancy of a dwelling unit by more than four (4) unrelated adults. Such applications are subject to the parking requirements of Sec. 4.4.5 (d), 4, C, Residential Occupancy Limits.

A minimum number of off-street parking spaces for all uses and structures shall be provided in accordance with Table 8.1.8-1 below.

(a) Where a use is not listed, the minimum parking requirements shall be determined by the administrative officer based upon a determination that the use is substantially equivalent in use, nature, and impact to a listed use.

(b) When the calculation yields a fractional number of required spaces, the number of spaces shall be rounded to the nearest whole number.

(c) The minimum off-street parking requirement for a development with inclusionary housing units provided on site shall be reduced by the percentage of inclusionary units required by Article 9. (Example: A 100-unit residential development with a requirement of 15% inclusionary units shall provide minimum off-street parking based on 85 dwelling units.)

Table 8.1.8 Minimum Off-Street Parking Requirements

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Sec. 8.1.9 Maximum On-Site Parking Spaces

The total number of off-street parking spaces provided in any parking district shall not be more than as allowed in Table 8.1.9-1 below:

(a) Where a use is not listed, the maximum parking requirements shall be determined by the administrative officer based upon a determination that the use is substantially equivalent in use, nature, and impact to a listed use.

(b) When the calculation yields a fractional number of maximum spaces, the number of spaces shall be rounded to the nearest whole.

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(a) Exemptions: The following shall not be included in the maximum number of allowable spaces required by this section:

1. Public Parking: Spaces provided and available for use by the public shall not be counted towards the maximum. Such spaces shall be available to the public at a minimum of nights and weekends, and be signed or marked accordingly;

2. Carpool, Vanpool, and Car-Share Parking: Spaces dedicated for vehicles participating in a carpool, vanpool, or car-share program shall not be counted towards the maximum. Such spaces shall be reserved for such use, and be signed or marked accordingly; and,

3. Alternative Fueled Vehicle Parking: Parking spaces dedicated for vehicles operating on primarily alternative fuels including but not limited to electric, natural gas, and hydrogen shall not be counted towards the maximum. Such spaces shall be reserved for such use, and be signed and/or the space painted with the words "Alternative Fueled Vehicles Only."

4. ADA Accessible Parking: Parking spaces specifically designed, located and reserved by persons according to the standards in the Federal Americans with Disabilities Act (ADA) as administered by the Dept. of Public Works.

5. Institutional Parking: Parking spaces, provided by institutions, that have been approved as part of a plan per the standards of Article 8, Part 3: Institutional Parking Plans

6. Driveways: Parking for residential uses within driveways compliant with the standards of Sec. 8.1.12 (b), Front Yard Parking Restricted and Residential Driveways.

7. Waiver of Maximum Parking Limitations. Parking in excess of the maximum parking limitation of this section, may be waived by the DRB pursuant to the following requirements:

A. The applicant requesting the waiver shall also provide:

(i) a peak demand parking study for two similar uses in the area; and,

(ii) a TDM Plan pursuant to the requirements of Sec. 8.1.16

B. The following additional review criteria shall be addressed regarding how:

(i) The need for additional parking cannot reasonably be met through provision of on-street parking or shared parking with adjacent or nearby uses;

(ii) The proposed development demonstrates that its design and intended uses will continue to support high levels of existing or planned transit and pedestrian activity; and,

(iii) The site plan indicates where additional parking can be redeveloped to a more intensive transit supportive use in the future.

Secs. 8.1.10 – 8.1.11 As written.

Sec. 8.1.12 Limitations, Location, Use of Facilities

(a)Shared Parking for Off-Site Use:

Parking may be used by onsite or offsite users. Parking may not be the primary use of any property unless it is approved as such with a zoning permit where allowed.

(b)As written.

(c) Shared Parking:

In the event that a mix of uses occupy a single structure or parcel of land located in a Neighborhood or Shared Use Parking District, the total requirement for off-street parking shall be the sum for all individual uses unless it can be shown that the peak parking demands are offset and spaces can be shared (for example: retail and residential, or theater and office uses) as evidenced by a shared parking analysis utilizing the most current edition of the Urban Land Institute's Shared Parking Report, the ITE's Shared Parking Guidelines, or other comparable and industry-recognized publications.

(d) Single Story Structures in Shared Use Districts:

In the event that a single story structure is proposed to be located in a Shared Use District, the total requirements for off-street parking shall be calculated as for a Neighborhood Parking District. This provision does not apply to single story structures existing and occupied as of the effective date of this ordinance.

(e)Joint Use of Facilities:

The required parking for two (2) or more uses, structures, or parcels may be combined in a single parking facility if it can be shown by the applicant to the satisfaction of the DRB that the use of the joint facility does not materially overlap with other dedicated parking in such facility, and provided that the proposed use is evidenced by a deed, lease, contract, reciprocal easement, or similar written instrument establishing the joint use acceptable to the city attorney.

(c) As written.

Secs. 8.1.13 – 8.1.14 As written.

Sec. 8.1.15 (Reserved)

Sec. 8.1.16 Transportation Demand Management

(a) Purpose: This section requires the implementation of a Transportation Demand Management (TDM) Program for certain projects for the purpose of advancing the goals of the City's land use and transportation plans, and promoting public health, safety, welfare, and protection of the environment by:

• Reducing parking demand;

• Reducing car ownership;

• Reducing vehicle miles traveled (VMT), single occupant vehicle usage and congestion; and,

• Increasing transit use and non-motorized travel;

(b) Applicability:

(1) A Transportation Demand Management Program shall be required for all projects in any Parking District involving any one or more of the following:

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For projects that were issued permits with TDM requirements prior to January 31, 2023, an administrative permit amendment may be requested to align the permit with the TDM requirements set forth herein.

(c) Transportation Demand Management (TDM) Program: A TDM Program shall include each of the following elements at a minimum:

1. Outreach and Education:

a. Designation of a Transportation Coordinator who directly, or indirectly through membership in a Transportation Management Association, shall be responsible for each of the following:

1. Prepare and always make available to all residents and employees informational and educational materials regarding available TDM strategies and opportunities for increased use and participation;

2. Organize and host an annual meeting for all and employees to present and discuss available TDM strategies, and opportunities for increased use and participation;

3 2. Preparation and dissemination of an annual travel survey of all residents and employees; and,

4 3. Record-keeping and reporting to City upon request of all TDM activities offered and rates of participation (including parking utilization if applicable).

2. TDM Strategies: In addition to compliance with the on-site Bicycle Parking requirements found in Article 8, Part 2, each TDM Program must incorporate TDM strategies to minimize the amount of parking demand associated with the project. At a minimum, a TDM Program shall select no less than two (2) of the following TDM strategies, which shall be selected and filed with the Administrative Officer on an annual basis:

a. Maintain an ongoing and active membership in a Transportation Management Association (TMA);

b. Provide GMT Transit passes to all residents and employees at a minimum discount of 50%;

c. Provide a free car share membership to all residents and employees;

d. Provide a free bike share membership to all residents and employees;

e. If not already provided through a TMA membership, provide residents and employees with a shuttle service, guaranteed ride home program, or ride to a nearby transit center.

3. Parking Management: Where on-site or off-site parking is also made available:

a. Conduct parking utilization studies at least annually for a period of 7 years from receipt of a Certificate of Occupancy;

b.With the exception of permanently affordable housing units, the cost of parking shall be un-bundled from all residential and nonresidential leases and deeds and made available at a market rate;

c.Where parking spaces are made available to off-site users, parking spaces may be made available by a renewable lease, provided the term of any lease does not exceed one (1) year; and,

d.Priority parking spaces: when on-site parking is provided, the following must be located in closest proximity to a primary building entrance and/or public street frontage:

1. ADA Accessible spaces;

2. Bicycles, scooters, and motorcycles spaces;

3. Car-share: where 1 space must be offered for projects with 20 or more residential units, subject to an agreement with a car-share provider; and,

4. Carpool and/or Vanpool vehicles: where more than 20 spaces are available for non-residential uses. In such cases, 5 spaces or 5% of the parking spaces on site, whichever is less, must be reserved for carpool/vanpool use before 9:00 AM on weekdays.

4. TDM Agreement: Each TDM Plan shall include a signed commitment to and acknowledgement of each of the following on a form provided by the Administrative Officer:

a. Commitment to ongoing implementation of the TDM requirements as set forth above;

b. Acknowledgement that the project has no claim to the ongoing availability of nearby on-street public parking, and that, as is the case with other on-street public parking, the City retains the right to charge for, restrict or remove such on-street parking at any time;

c. Acknowledgement that failure to maintain transportation demand management as required above is a violation of this ordinance, and understanding that, pursuant to Sec. 2.7.8 of this ordinance, no zoning permit or certificate of occupancy may be granted until any such violation has been remedied; and, d. Commitment to notify any subsequent owners and tenants in writing of their obligations under this section as part of any purchase and sale and/or lease agreements.

Review and Enforcement: The Administrative Officer shall be responsible for determining compliance with the TDM Program requirements as set forth above, and ongoing implementation shall be included as a condition of any discretionary or administrative permit required for development subject to the conditions of this Section.

Failure to maintain a TDM Program as required above shall be a violation of this ordinance, and pursuant to Sec. 2.7.8 of this ordinance no zoning permit or certificate of occupancy may be granted without a TDM Program in effect.

Guidelines regarding compliance with these TDM requirements shall be developed and provided to applicants by the Administrative Officer.

***

Sec. 8.3.3 Institutional Parking Management Plans

An Institutional Parking Management Plan shall include the following:

(a) A narrative that outlines how the proposed parking management plan addresses the specific needs of existing and anticipated development and effectively satisfies the intent of this Article and the goals of the Municipal Development Plan.

(b) Information specifying the current and anticipated numbers over the ensuing 5 year period for: number of students of all academic programs (full-time, part-time, commuter, on-campus, off-campus, and continuing education), faculty and staff (full-time and part-time), patients and visitors being served by the institution.

(c) An analysis of the anticipated parking demand by user group, time of day and/or demand by use and parking provided to meet that demand currently and anticipated over the ensuing five-year period;

(d) Information specifying the number and composition of the institution's vehicle fleet, where these vehicles are regularly kept, and designated "service vehicle-only" parking;

(e) Strategies used to reduce or manage the demand for parking which may include but are not limited to:

1. Policies which restrict and/or prohibit the bringing of vehicles to the institution for various users or groups of users;

2. A telecommuting program;

3. Programs and employee and student subsidies to encourage the use of public transit, car-share, walking, and bicycling;

4. Implementation of a shuttle service system serving off-site parking;

5. Implementation of a parking permit system to allocate parking throughout the system; and,

(f) Implementation of a monitoring, compliance and enforcement system to measure and ensure compliance with the plan.

Sec. 8.3.4 Review and Approval of Institutional Parking Management Plans

(a) Plan Approval

Such a plan shall require review and approval by the DRB, after consultation with the planning commission, and after a public hearing. In order to approve a proposed Institutional Parking Plan, the DRB shall find:

a. the proposed Institutional Parking Plan adequately serves existing and proposed development and user groups by the institution(s);

b. the proposed Institutional Parking Plan effectively meets the intent of this Article and the goals of the municipal development plan.

Such a plan, if approved by the DRB, shall be applicable for a period not to exceed five (5) years, and may be amended as necessary pursuant to the requirements of this Part. The DRB may approve one extension of up to six (6) months so long as the extension is requested prior to the Plan's expiration.

(b) Annual Reporting

The institution shall provide a report annually to the administrative officer regarding the implementation and performance of the approved plan and any significant changes in the size or makeup of user groups, parking supply, travel by mode for user groups, availability and utilization of parking management strategies, anticipated development activity, and any other conditions impacting supply and/or demand.

Failure to submit such annual report shall be a violation of this ordinance.

Sec. 8.3.5 Review and Approval of Applications for Future Development

Pursuant to Sec. 2.7.8 of this ordinance, no zoning permit or certificate of occupancy may be granted for projects which will impact the supply of or demand for parking without an approved or amended plan. Projects such as routine maintenance, repair, equipment installation, walkways, landscaping, installation of public art, and the like are exempt from this requirement so long as they do not result in a change of use, habitable area, or parking facilities upon which a plan's supply and demand calculations are based.

(a) In reviewing any application for development from a post-secondary educational or medical institution within the Institutional district, the DRB shall find that the proposal is included and addressed within an approved Institutional Parking Plan and that the proposal is consistent with the approved Plan.

(b) Any development proposed by a post-secondary educational or medical institution within the Institutional district that is not included and addressed within an approved Institutional Parking Plan shall only be approved pursuant to the underlying parking requirements of Parts 1 and 2 of this Article and upon approval of an amendment to an approved plan.

and In addition to application requirements specified in Article 3 and this Part, the Institutions(s) shall submit an amendment to an approved plan that addresses how the development is consistent with or modifies supply and demand calculations and applicable TDM strategies contained in the approved Plan. Amendments may be in the form of an addendum that addresses any relevant sections of an approved Plan. The amendment shall be approved by either the administrative officer or DRB based on the underlying application type. Such developments shall be reflected in subsequent annual reports submitted to the administrative officer, and future plan updates.

tm/KS: Ordinances 2023/Zoning Amendment—ZA 22-07, Minimum and Maximum Parking Requirements and TDM Sections 4.4.1 (d) 5, 4.4.5 (d) 4. C., 4.5.3 (c) 6, 4.5.6 (c), 5.1.1 (c) and (d), 5.3.6 (c), 5.3.8, 5.4.12 (a), 8.1.3 - 8.1.8, Table 8.1.8-1, 8.1.9, Table 8.1.9, 8.1.12, 8.1.15, 8.1.16, and 8.3.3-8.3.5 1/9/23

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