RECOMMENDATION:
This is an iterative product and Staff does not have a recommendation for approval or denial at this time.
Staff recommends the following modifications to the draft proposed code:
Off-street loading spaces can be reduced in the TCPD, waived, or addressed with fee-in-lieu. Modify proposed regulation to read:
49.40.220 Reductions. Developer may apply for multiple reductions. Accessible parking spaces shall not be reduced and must be provided in accordance with subsection 49.40.210(b).Loading spaces shall not be reduced and must be provided in accordance with subsection 49.40.210(c).
Off-site ADA parking or loading spaces can be public street spaces. Modify proposed regulation to read:
49.40.215 Modifications…
(a) Accessible parking spaces off-site: For parking areas calculated to require a total of 25 off-street parking spaces or less, the accessible space requirement may be met by a private off-site accessible parking space, or a public on-street or off-street space, if the alternate space is determined by the Director to be of adequate capacity and proximity…
(b) Loading spaces off-site. The loading space required may be met by an alternative private off-site loading parking space, or a public on-street or off-street space, if the alternate space is determined by the Director to be of adequate capacity and proximity…
Require a written and recorded agreement for any use of private space under this section. Modify proposed regulation to move subsection (c)(3) to the introduction, and add the requirement for recording:
49.40.215 Modifications
Developer may apply for multiple modifications. Modifications can be combined with allowable reductions. The developer shall present to the Director a written instrument, executed by the parties concerned, providing for joint use of off-street parking facilities, and approved as to form by the City and Borough attorney. Upon approval by the Director, such instrument shall be recorded.
(c) Joint use…
(3) The developer shall present to the Director a written instrument, executed by the parties concerned, providing for joint use of off-street parking facilities, and approved as to form by the City and Borough attorney. Upon approval by the Director, such instrument shall be filed with the department.
Remove reference to federal regulations. Modify proposed regulations to read:
49.40.215 (a) Accessible parking spaces off-site: For parking areas calculated to require a total of 25 off-street parking spaces or less, the accessible space requirement may be met by a private off-site accessible parking space if the alternate space is determined by the Director to be of adequate capacity and proximity. The Director will consider U.S. Department of Justice accessibility guidelines when determining adequate capacity. In no case will the distance exceed standards established in 49.40.200(i).
Staff requests:
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Guidance on the relationship between the TCPD and the update to the Comprehensive Plan.
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The Commission provide direction on necessary modifications in light of public comment or Commission review.
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The Commission direct staff to submit the draft to Law OR bring a corrected draft back before the Commission, either at a Committee of the Whole or a regular meeting. Staff recommends another meeting.
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