2008-77 AMENDING ZONING ORDINANCE - XXIV. OFF-STREET PARKING AND LOADING REQUIREMENTS

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Excerpts from Plan Commission Minutes of October 2, 2008 II Cal. No. 08-56 Petition of GREG C. CRI�WE, ASSISTANT CITY MANAGER, for amendments to the City of Decatur Zoning Ordinance. Ms. Stickle presented the recommendation of staff: The current City of Decatur Zoning Ordinance was adopted in May of 2002. Since the time of adoption, Staff has discovered certain necessary changes, discrepancies and omissions as the new ordinance has been implemented, specifically in Section XXIV.D.7.a. Off-Street Parking and Loading Requirements-Paving for One and Two Family Districts. When the Zoning Ordinance was amended in May of 2002, it required all one and two family residences to pave the driveways with an improved surface. This requirement only applies to new housing and new driveways established after the effective date of the ordinance. This requirement is in place to reduce ground pollution from vehicle oil and other contaminants, aesthetics and dust control within the City limits. This requirement did not take into consideratio any circumstances where the property was large and may require a long driveway to access the back of the property. Staff recognized the need to reevaluate the current rules and regulations. Staff is of the opinion in certain circumstances, the intent of paving the entire driveway w uld not be conflicted by allowing a reduced amount of paving for those driveways that exte d beyond 100 feet of the front property line and are 100 feet from any property line of a residential use or residential district. The proposed amendment will allow the Director of Economic and Urban Development to grant relief to allow for a reduced amount of paving and an alternative surface subject to the previously described requirements. Staff recommends the following amendment: Amend SECTION XXIV.D.7.a. (Off-Street Parking and Loading Requirements- Paving for One and Two Family Districts)by adding: "ii. A one or two family residential use may request alternative compliance for paved driveway(s)that extend past 100 feet from the front property line, which is considered a 100 foot front yard setback for paving purposes. Any portion of the driveway(s) that would be located within 100 feet of any property and/or lot line of any residential use or zone must be on an improved surface. All parking and vehicle starage areas shall be on an improved surface. The Dir�ctor of Economic and Urban Development may approve a surface other than con rete or asphalt for those portions of the driveway which are not located in the 100 foot setback, are not located within 100 feet of any property and/or lot line of ar�y residential use or zone and are not parking or vehicle storage areas. There sha11 be no appeal of the Economic and Urban Development Director's review and decision." And the current"Section XXIV.D.7.a.ii." will now be reclassified as "Section XXIV.D.7.a.iii." Staff recommends approval of the amendments as proposed. ___ - - _ L___