We are requesting a ruling on an alternative approach to meeting but not exceeding local zoning requirements for SS Credit 4.4. The project in question is a sports & entertainment venue whose site is located in a downtown zoning district that is usually exempt from providing parking (i.e. minimum parking requirement =0). However, due to the fact that the site is over 11 acres, the zoning code calls for a Master Development Plan to be submitted to the Zoning Administrator for approval, according to the zoning code excerpt below: ---------------- 922.10.D.2 Development on sites of three (3) or more acres Any development of a building or buildings that require Project Development Plan review on a site of three (3) or more acres is required to submit a Master Development Plan prior to the application for individual building or buildings review. A complete application for a Master Development Plan shall be submitted to the Zoning Administrator in a form established by the Zoning Administrator. Upon determining that the Master Development Plan application is complete, the Zoning Administrator shall schedule a review by the Planning Commission. The Planning Commission shall approve a Master Development Plan application only if it finds that the proposal meets all of the following criteria: (a) That the proposed development shall create an efficient, functional and attractive urban area which incorporates a high level of amenities; (b) That the proposed development shall create a favorable environmental, social and economic impact on the City; (c) That the proposed development shall not be injurious to other property in the immediate vicinity, nor substantially diminish or impair property values within adjacent zoning districts; (d) That adequate utilities, road, drainage and other necessary facilities have been or shall be provided; (e) That adequate measures have been or shall be taken to provide ingress and egress designated so as to minimize traffic congestion in the public streets; and (f) That the proposed development complies with plans and policy documents adopted from time to time by the City. -------------------- The project\'s approved Master Development Plan calls for structured parking to accommodate 500 vehicles, with the possibility of a 280-space expansion as well as a 150-vehicle surface parking lot for a total of 930 parking spaces, based on an analysis by parking consultants. The project site design has resulted in a structured parking garage with a 500-vehicle capacity, with plans for a 140-space expansion, or 290 spaces fewer than the approved Master Development Plan. As the anticipated site parking capacity does not exceed the needs estimated by the parking study and Master Development Plan, the project team feels that the approach satisfies the intent of SS Credit 4.4. Preferred parking spaces for carpools/vanpools will be provided for 5% of the total parking capacity, or 32 spaces.
The Zoning Administrator\'s approval of a planned development can constitute the zoning requirements for this development. However, since the project is located in a downtown zoning district in which no parking is required, calculations should be provided to document the need for the negotiated parking established in the Master Development Plan. Also, a shared parking analysis should be provided to verify that sufficient parking does not already exist in the district. The project\'s designation as a sports & entertainment venue suggests that shared parking opportunities are likely. Once a baseline has been established verifying the need for the additional parking required by the Master Development Plan in a district without a parking requirement, the project can achieve this credit by not exceeding the parking required by Zoning and providing a minimum of 5% preferred parking for carpools or vanpools. Applicable Internationally.