Title
AN ORDINANCE AMENDING SECTION 21-7238 OF THE LAND DEVELOPMENT CODE PROVIDING FOR MINOR MODIFICATIONS RELATING TO OFF-STREET PARKING REQUIREMENTS
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Summary and Background Information:
This ordinance was part of the 2018 Minor LDC Amendments package. It was recommended for approval by Planning Commission on November 7, 2018, and approved on first reading by City Council on November 19, 2018. At the second reading on December 17, 2018, it was referred to a study session for additional information. A study session was held on March 11, 2019, whereby Council reviewed the language and recommended bringing forth the updated language with a change requiring criteria A and B and one additional criteria from options C-E to be met prior to granting an approval for a minor modification.
Minor Modifications are an administrative process which grants the ability to make small changes (typically up to 20%) to minimum or maximum standards within the LDC for specific properties and developments facing unique situations. This process is similar to a variance, but with less potential variability and no public hearing required before the Board of Adjustments for approval. It is intended to be business-friendly by allowing a small amount of administrative flexibility during the development review process.
Currently, all five approval criteria must be met in order to approve a hardship reduction. These require that the development be for non-residential uses, or housing for the elderly or disabled; that there be a severe site constraint that makes complying with the minimum parking requirements impractical; that the traffic patterns associated with the proposed use be atypical in nature; that the operations of the proposed use are such that there is reduced demand for parking; and that sufficient evidence be submitted (typically a parking study) that demonstrates that less parking is warranted. This amendment is in response to increasing development activity in th...
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