§ 20.14.070. Parking reductions.

The amount of off-street parking required for a specific use may be reduced below the minimum required in Section 20.14.050 C., if a special permit is approved by city council, as provided in this section:

A.

Existing development. Up to a one hundred percent reduction for a use involving an existing structure(s) located within an older neighborhood of the city that is proposed through the rehabilitation, alteration or expansion of the existing structure(s). The applicant shall satisfactorily demonstrate compliance with all of the following conditions:

1.

That the structure(s) is located in an older neighborhood of the city that has been legally subdivided and developed for at least thirty years;

2.

That the structure(s) does not extend into an area within the property which was previously used to accommodate off-street parking;

3.

That the off-street parking required for the proposed use of the structure(s) cannot be reasonably accommodated on the property due to the building coverage, whether due to the existing structure or due to a proposed expansion of the existing structure; and

4.

That no vacant areas exist within three hundred feet of the property where the proposed use is to be located that can be reasonably developed to accommodate the off-street parking requirements.

B.

New Development in Redevelopment Areas. Up to a one hundred percent reduction for a use involving the new construction of a structure(s) that is proposed as a redevelopment project located within a redevelopment area or transit oriented development corridor of the city. The applicant shall satisfactorily demonstrate compliance with all of the following conditions:

1.

That the structure(s) is located within one of the following redevelopment areas: the downtown area (defined as the area between the Union Depot, Paisano Drive, St. Vrain Street, Olive Street, St. Vrain Street, the southern boundary of the Southern Pacific RR Reservation, Campbell Street and Interstate 10), the South El Paso area (defined as the area south of Paisano Drive, and lying between Santa Fe Street and Cotton Street), and any other redevelopment area or transit oriented development corridor as may be recommended by the city plan commission and approved by the city council;

2.

That the proposed building coverage on the lot is necessary for the proposed use, both in design and function necessitating the reduction; and

3.

That no vacant areas exist within three hundred feet of the property where the proposed use is to be located that can be reasonably developed to accommodate the off-street parking requirements.

C.

Parking Reduction Application Procedures. An applicant requesting consideration of a parking reduction shall comply with all of the following:

1.

A special permit application for an off-street parking reduction shall not be construed as an automatic approval by the city and shall require the review and approval of the city council as set forth herein;

2.

The applicant shall submit adequate documentation to ensure compliance with the provisions of this section. City council shall make the final determination following a recommendation of the city plan commission and may impose conditions and safeguards necessary to protect the public welfare and to conserve and protect property;

3.

A completed special permit application for an off-street parking reduction shall be submitted to the planning official, and shall be accompanied with all of the following:

a.

One copy of a completed application signed by the property owner(s), and

b.

Eight copies of a detailed site plan of the subject property and all properties within three hundred feet adjoining the subject property, drawn to scale and showing the following:

i.

Legal description,

ii.

Property lines with dimensions,

iii.

Location and arrangement of existing and proposed structures,

iv.

Location and arrangement of existing and proposed off-street parking areas,

v.

Location and arrangement of existing and proposed on-street parking areas within a three hundred radius from the perimeter of the lot of the facility requesting the reduction,

vi.

Calculation of the number of minimum off-street parking spaces for the existing and proposed use(s) of the property.

vii.

Off-street loading and unloading berths, where applicable,

viii.

Off-street parking spaces and driveways not subject to reduction, if applicable,

ix.

Streets abutting the property, including the location and dimensions of sidewalks, and

x.

Areas within the property where landscaping is provided, if any,

c.

One copy of a parking reduction impact study or of the letter from the city engineer waiving the parking reduction impact study, and

d.

One copy of a letter from the Director of Sun Metro indicating that the main entrance to the property is within one thousand feet of a mass transit system route,

e.

One copy of a proof of ownership document, and

f.

One copy of a current tax certificate sealed and having the signature of the city tax assessor/collector, for each parcel of property described in the application for an off-street parking reduction;

4.

An off-street parking reduction granted pursuant to this section shall be particular to the use for which it was granted. A change in use that results in a change of parking requirements or hours of operation shall automatically terminate the off-street parking reduction;

5.

Structure(s) for which an off-street parking reduction has been granted shall be in accordance with all other applicable codes;

6.

An application for an off-street parking reduction shall demonstrate that all of the following circumstances apply:

a.

That a reduction in the off-street parking requirement will not result in the unreasonable parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets, as demonstrated by findings of a parking reduction impact study where required by the city engineer. A parking reduction impact study, where required, shall be prepared in accordance with the standards required by the city engineer,

b.

That a reduction in the off-street parking requirement will not create a safety hazard or other condition inconsistent with the objectives of this title,

c.

That the property where the proposed use is to be located has sidewalks and the main entrance is within one thousand feet of a mass transit system route, as determined by the director of Sun Metro, and

d.

That off-street parking not subject to a reduction shall comply with all other city ordinances governing off-street parking, including accessibility for the disabled.

D.

Administrative parking reductions.

1.

The zoning administrator may approve up to a ten percent parking reduction below the minimum required for a use involving an existing building(s) or structure(s) for applicants meeting the requirements specified in this section. The zoning administrator must be satisfied that the approval of a reduction will substantially serve the public convenience and welfare and will not substantially injure the neighboring property.

2.

An applicant requesting a reduction under this section must submit a written application and shall satisfactorily demonstrate compliance with all of the following conditions:

a.

That the required minimum number of off-street parking spaces cannot be reasonably accommodated on the property involved; and

b.

That the request for the reduction is due to a change in use; and,

c.

That the reduction of the required minimum parking spaces is for an existing building(s) or structure(s); and

d.

That the reduction of the required minimum parking spaces is not for a new structure(s) or building(s) or due to the expansion of an existing structure(s) or building(s); and

e.

That the applicant provides letters from the abutting property owners stating that the abutting property owners do not object to the parking reduction;

3.

As part of the review process, the traffic engineer shall review the request to determine the impact on the surrounding properties and shall recommend approval or denial of the request. If the city traffic engineer recommends denial, the applicant shall be provided with the reasons for denial.

4.

Upon a recommendation for approval from the city traffic engineer, the zoning administrator shall determine if all other provisions of this section have been satisfied and approve or deny the request for a parking reduction. If necessary to reduce the impact to neighboring property, the zoning administrator may impose additional requirements, such as landscaping or screening, as a condition of approval.

5.

If the zoning administrator denies the request, the property owner may appeal the decision to the zoning board of adjustment.

(Ord. 16653 § 2 (part), 2007)

(Ord. No. 17261, § 1, 1-5-2010; Ord. No. 17442, § 35, 10-26-2010; Ord. No. 17560, §§ 4—9, 5-17-2011)