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CITY COUNCIL AGENDA ITEM B►RIEFING SHEET Submittal Date: Originafing Departrnent- Presented By: Agenda Item No.: 2/17l09 City Council (Will Lisa A. Wright, Director of Council Date: Biard) Community Development 38. 2/23/09 Shawn Na ier, Cit En 'neer RECOMMENDED MOTION: Second reading and action on a proposed ordinance amending Sec. 10-110 City Zoning Ordinance No. 1710. PoLicY IsscrE(s): Ordinance Zoning BACKGROUND: Councilman Will Biard previously requested the City Council to consider amending the Commercial Paving Standards set forth in Section 10-110 of the City Zoning Ordinance to allow existing businesses to continue to use paving materials other than concrete and asphalt on their required driveways, access lanes and off-street parking areas. On January 12, the City Council considered the request and Mayor Freelen, Councilman Biard and Councilman Brown directed staff to bring back an ordinance to amend Section 10-110 of the City Zoning Ordinance to allow existing businesses in Paris to continue using paving materials other than concrete or asphalt for their required driveways, access lanes and off-street parking areas until such time that the owner or tenant applies for a building permit to expand or enlarge their off-street parking area and/or the square footage of their existing structures by more than forty-nine percent (49%) For the reasons set out below and in the January 12, 2009 meeting, Staff recommends denial of this ordinance. HISTORY: In 1989, the City Council adopted a provision requiring that all off-street parking be covered with a dust-free, all-weather surface. The entire parking ordinance was outdated in many respects because it did not address a variety of issues which commonly arise when new development is underway; therefore, on February 19, March 18, and May 20, 2008, the Code Enforcement Task Force considered a new parking ordinance that provides a more comprehensive approach and gives more guidance to staff and the public. On August 11, 2008, the City Council adopted the proposed parking ordinance, and the expanded ordinance continues to require dust-free parking surfaces. STATUTES: 28 CFR Part 36 establishes ADA Standards for Accessible Design. We reviewed this manual in an attempt to determine whether or not the proposed revision to the Parking Ordinance which will allow gravel as an approved paving surface will impact ADA accessibility. According to Section A4.5.1, "people who have difficulty walking or maintaining balance or who use crutches, canes, or walkers, or those with restricted gaits are particularly sensitive to slipping and tripping hazards." It goes on to say that those people need to have a surface available to them that is "hard, stable, and regular. Soft loose surfaces such as shag carpet, loose sand or gravel, wet clay, and irregular surfaces such as cobblestones can significantly impede wheelchair movement." Additionally, marking requirements for accessible spaces could not be done on surfaces that shift, such as gravel. Accessible parking spaces, aisles, and loading zones are required to have a"firm, stable, non-slip surface." The Director of Community Development spoke with a representative from the U. S. Department of Justice, Americans With Disability Division, and she advised that cities that do not require stable parking surfaces cannot possibly comply with ADA requirements because non-paved parking spaces do not meet the standard far being firm and stable and cannot be properly marked. She further advised that individual businesses are subject to civil action for failure to follow ADA accessibility requirements. Section 10 of the Zoning Ordinance covers many areas that need to be considered when possibly allowin a avel arkin lot. Plans are re uired to be submitted that show the arkin lot la out and City of Paris 0 0 0 2 xevisetl L/u4iuts . .~C.~