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HomeMy WebLinkAbout06849ORDINANCE NO. 6849 AN ORDINANCE AMENDING SECTION 51 OF CHAPTER 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO ZONING AND PARKING REQUIREMENTS FOR THE HISTORIC ARKANSAS RIVERWALK OF PUEBLO ZONE DISTRICT - ONE (HARP -1) AND IMPOSING PARKING INVESTMENT FEES BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter deleted, underscoring indicates matter added) SECTION 1 Subparagraph 10 of paragraph e of subsection (12.2) of Section 51 of Chapter 4, Title XVII of the Pueblo Municipal Code be amended to read as follows: 10. Parking. The following [off -site] parking spaces will be required of each use: a) Residential units: two (2) parking spaces per unit. b) Retail: one (1) parking space per three hundred (300) gross square feet. c) Parking Requirements for other uses are listed in Section 17 -4 -43. d) Variances: If these [off- street] parking requirements do not appear reasonable to a specific use or combination of uses, the Traffic Engineer, Director of Transportation or the applicant may apply to the Planning and Zoning Commission for a variance. The Planning and Zoning Commission shall hold a public hearing and then make its recommendation to the City Council which shall make the final decision. The variance may reduce some or all of the required number of parking spaces. In determining a variance to the required number of spaces, the Planning and Zoning Commission and the City Council, in addition to other relevant factors, shall consider the following: 1) The general planning of the City with respect to land use, density, parking, traffic and [off- street] parking facilities; 2) The availability of adequate [off- street] parking, both in number of spaces and distance from the intended use; 3) The public welfare and interest in the City and surrounding area. The City Council shall determine the number of parking spaces required for each Lot and the City Council may, in its discretion, as a condition to the granting of any variance impose a parking investment fee for each Lot not to exceed the amounts set forth in e) 1) and 2) below. [The City Council may also grant a variance if the applicant contracts with the City or the HARP Authority to provide adequate off - street parking within one thousand (1,000) feet of the applicant's property.] J Parking Investment Fees: 11 Lots 2, 3 and 4, Historic Arkansas Riverwalk Project Filing No. 1: all exclusive use parking spaces shall be provided by the owner of the -2- Lots. Non - exclusive use of two hundred seventy -six (276) off - street parking spaces developed by the City are allocated as follows: Lot 2 - one hundred thirty -seven (137) spaces; Lot 3 - sixty -six (66) spaces; and Lot 4 - seventy -two (72) spaces. The owner of each Lot may receive credit against parking requirements for such Lot by paving the City a parking investment fee a parking investment fee of one thousand five hundred dollars ($1,500.00) for each parking space allocated to the Lot. Such payment does not give exclusive use of the parking space nor does it preclude the City from charging a fee for parking in the parking space. If the owner of a Lot requires more parking spaces than the paid for allocated parking spaces to meet parking requirements, the owner may provide the parking spaces on- site or within three hundred (300) feet of the Lot, less right -of -way, or by paving to City a parking investment fee of eight thousand dollars ($8,000.00) for each additional parking space. Unpaid for allocated parking spaces may be reallocated to other Lots. 21 Lots 1, 6 and 7, Historical Arkansas Riverwalk Project Filing No. 1: To meet parking requirements, the owner of each Lot may provide the required parking on -site or within three hundred (300) feet, less right -of- way, or by paying to City a parking investment fee of eight thousand dollars ($8,000.00) for each required parking space. 3) Parking investments fees: All parking investment fees shall be deposited in an interest - bearing account which shall clearly identify that -3- such account is to be used to provide parking areas facilities or structures within 1,320 feet of the Lot, less right of way, for non - exclusive use by the owner, occupants or users of the Lot for which the parking investment fee has been paid. The payment of a parking investment fee shall not preclude the City from charging a fee to park in the parking spaces so provided. SECTION 2 This Ordinance shall become effective upon final approval and passage. INTRODUCED: JUNE 10, 2002 BY: Al Gurule COUN LPERSON APPROVED: PRESIDENT OF THE CITY COUNCIL CITY CLERK PASSED AND APPROVED: June 24, 2002 -4-