38 Ordinance ZoningCITY 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 The entire parking ordinance was outdated in many respects because it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
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fire apparatus access roads. While it is not impossible to stripe a gravel parking lot, after a short period
of use the striping would start to disappear and drivers would not know if they parked in a fire lane. The
International Fire Code states in section 503.3 Markings "Where required by the code official, approved
signs or other approved notices shall be provided for fire apparatus access roads to identify such roads
or prohibit the obstruction thereof." Section 10-100 (b) calls far "all fire apparatus access roads, parking
spaces, etc to be striped with a high visibility, durable paint designed and intended for pavement
striping." Section 10-110 (a) Surfacing says "all pavements must be of sufficient strength to support the
vehicular loads imposed on it and shall be so graded and drained to dispose of surface water."
Section 10-110 (c) Maintenance call for "all surfaces to be maintained in good condition, generally free
of weeds and potholes", this will be an intense maintenance issue for the property owner. Section 10-
110 (c) also says that "all required pavement markings shall be maintained in such a manner that they
are clearly visible to the public at al1 times", this would be almost impossible to accomplish with a
gravel parking lot.
A gravel parking lot is extremely inefficient because there are no guide lines for aisles, parking stall
widths, aisle widths and general arrangement. If the dust-free provision is eliminated from the Code of
Ordinances, Owners who currently have paved parking lots would be able to resurface with gravel as a
minimum required parking surface.
The City Engineer spoke with an employee of Martin Marietta (the City's primary rock supplier) and
was informed that there is no such thing as "dust free" gravel. Most of the rock used in our area is a
limestone which creates white dust or sandstone which also creates a fine dust which can be a negative
health impact. The City frequently receives complaints from persons or businesses loeated adjacent to
gravel parking lots complaining of excessive amounts of dust blowing in the air, covering their cars in
dust and affecting indoor and outdoor air quality. Allowing new businesses and remodeling businesses
to put in gravel parking lots will only exacerbate this problem.
BOARD/COMMISSION RECOMMENDATION:
EXHIsITS:
Ordinance
ACTION:
BUDGET INFO:
❑ Financial Report
❑ Minute Onder
Expense
$
❑ Depariment Report
❑ Resolution
Budgeted Amt
$
❑ Presentation ~ Ondinance
yTD Actual
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❑ Public Hearing ❑ Other
A,cct Name
Acct Number
Fisc.Eu. NoTES:
REVIEWED AND APPROVED BY:
E Aclministradon 0 City Clerk [D Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court Z Legal ❑ Library ❑ Police [D Eng./Public Works ❑ Utilities
City of Paris - Lf 0 02 3 ~ Revised 2/04/0$
ORDIIVANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING SUBSECTION 10-110 PAVING STANDARDS, OF SECTIOIV
10-100 OFF-STREET PARKING AND LOADING REGULATIONS OF
ORDINANCE N0.1710, THE ZONING ORDINANCE OF THE CITY OF PARIS,
TEXAS; PROVIDIIVG FOR EXEMPTING EXISTING BUSINESSES FROM
REQUIREMENT OF PAVED PARKING; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER
CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY
CLAUSE; A11iD PROVIDING AN EFFECTIVE DATE.
WHEREAS, in 1989, the City council adopted a provisions requiring that all
off-street parking be covered with a dust-free, all-weather surface; and,
WHEREAS, in August, 2007, the City Council of the City of Paris created the Code
Enforcement Task Force to review and study proposed ordinances and regulations of the
City of Paris addressing health, safety and beautification issues within the City of Paris; and,
WHEREAS, the City Council directed the Code Enforcement Task Force to study and
consider proposed amendments to the Off-Street Parking and Loading Regulation
Ordinance including regulations applicable to minimum required parking spaces, parking
space size, parking aisle dimensions, allowable parking surfaces and parking surface
maintenance. The Task Force has completed its review of the City's parking regulations
and has recommended numerous revisions thereto.
WHEREAS, on August 11, 2008, after having reviewed and considered the Task
Force recommendations, the Ciry Council adopted Ordinance No. 2008-027 amending
Section 10, Off-Street Parking and Loading Regulations, of Ordinance No. 1710, the Zoning
Ordinance of the City of Paris; and,
WHEREAS, the City Council has been requested to consider the existing Off-Street
Parking and Loading Regulations Ordinance to grandfather existing businesses and allow
them to continue to use crushed stone or rock as an approved parking surface; and,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby
in all things approved.
Section 2. That Section 10-110 Paving Standards, of Ordinance No. 1710 of the
City of Paris, Texas, the Zoning Ordinance, be, and the same is hereby, amended to read in
its entirety as follows:
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"Sec.10-110. Paving standards.
(a) Surfacing. All parking and loading spaces, access drives, and driveways
constructed shall be surfaced with asphalt or concrete pavement, approved
concrete paving stones, or other accepted paving surfaces, as approved by
the city engineer. All pavement must be of sufficient strength to support
the vehicular loads imposed on it and shall be so graded and drained to
dispose all surface water in accordance with the requirements of the City of
Paris and shall be marked to provide for orderly and safe loading, unloading,
parking, and storage of vehicles.
(b) Markings. All fire apparatus access roads, parking spaces, loading
zones, no-parking zones, or other similar areas shall be striped with a high
visibility, durable paint designed and intended for pavement striping.
Colors shall be in conformance Texas Department of Transportation
standards and the Fire Code as adopted.
(c) Maintenance. All surfaces shall be maintained in good condition,
generally free of weeds, potholes, or broken pavement and allowing
uninhibited access to all parking and loading spaces or drives. All required
pavement markings shall be maintained in such a manner that they are
clearly visible to the public at all times.
(d) Surfacing exceptions.
(1) A ribbon driveway may be used to provide access from the street
to the off-street parking area/garage. The ribbon drive shall be
composed of two 30-inch wide concrete strips separated by a
36-inch wide grass area.
(2) Non-conforming parking areas, access drives, and driveways in
existence prior to the effective date of this ordinance, February
23, 2009, may be maintained using their current paving
materials so long as the nonconforming parking and driveway
area and/or the total square footage area of existing structures is
not expanded or enlarged by more than forty-nine percent
(49%) of the original parking and driveway area and/or the total
square footage area of existing structure as of February 23,
2009."
Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict
with the provisions of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain
in full force and effect.
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Section 4. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending under
or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty
accruing or to accrue, or as affecting any rights of the municipality under any section or
provisions of any ordinance at the time of passage of this ordinance.
Section 5. That it is the intention of the City Council of the City of Paris that this
ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial
invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any
other portion of this ordinance.
Section 6. That any person violating any provision of this ordinance shall be guilty of a
Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec.
1-6 of Chapter One of the City of Paris Code of Ordinances, and each and every day's continuance of
any violation of the above-enumerated sections shall constitute and be deemed a separate offense.
Section 7. Introduced and read on first reading on January 26, 2009, at a regular
meeting of the City Council of the City of Paris and read and passed on second reading on
February 9, 2009, at a regular meeting of the City Council of the City of Paris; the same
being two (2) separate regular meetings of the City Council of the City of Paris.
Section B. That this ordinance shall become effective from and after its passage of
the second reading and publication as required by law.
PASSED AND ADOPTED on second and final reading this 23rd day of February,
2009.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, Ciry Attorney
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