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HomeMy WebLinkAbout1994 Ordinance No. 037BY AUTHORITY ORDINANCE No .-31 SERIES OF 1994 COUNCIL BILL NO , 38 INTRODUCED BY COUNCIL MEMBER VORMITTAG AN ORDINANCE AMENDING TITLE 16, CHAPI'ER 5, SECTION 5, PARAGRAPH I, OF THE ENGLEWOOD MUNICIPAL CODE WHICH SIMPLIFIES THE ADMINISTRATION AND ENFORCEMENT OF HANDICAPPED PARKING AND ADOPTS THE AMERICANS WITH DISABILITY ACT STANDARDS. WHEREAS, the AmericM1 with Disabilities Act ;ADA) was signed on July 26, 1990; and WHEREAS, in onler lo be more con1i1tent with ADA the current requirement of not leu than four percent of the total required park.inc apaces that must be deaienated •• handie&pped spaces should be amended; and WHEREAS, ADA stnndard i1 hued on a schedule of required 1pacu; and WHEREAS, ADA requires the size of handicapped 11All1 lo be eight feet in width 1eparal.ed by fh•e foot access aisles; ~OW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF E!'<GLEWOOD, COLORADO, AS FOLLOWS : ~-The City Council of the City of Englewood, Colorado hereby approves amending Ti tle 16, Chapter 5, Section 5, Paragraph I, of the Englewood Municipal Code by adoptinc the Americans With Diaabilities Act S/aJldards for handicapped parking, E.M.C. 16-5-5-1, shall read as follows: 16-5-51. llendieepptd Peri,u,r;. >lot IH■ ttl&r fo11r pereenl (1%l oft!,e total n1111,l11,r of reqo ired off street perltinr: spaeeo ■hall l,e desir;r,eled for haudie■pped parltinc. Sueh opaee ,hall l,e no 1,,. than toel.e feet .. ide end nineteen feet le ~ (19 ' • 19'! and ■hell be iden!ffied a, parking for the heudie■pped anl). I. HANDICAPPED PARKI NG. I . THE MINIMUM NUMBER OF REQUIRED HANDICAPPED PARKING SPACES SHALL BE AS FOLLOWS: TOTAL NUMBER OF REQUIRED REQUIRED HANDICAPPED PARKJNG SPACES SPACES 1 TO 25 SPACES I HANDICAPPED SPACE 26 TO 50 SPACES 2 HANDICAPPED SPACES 51 'l'O 75 SPACES 3 HANDICAPPED SPACES 76 TO 100 SPACES 4 HANDICAPPED SPACES 101 TO :so SPACES 5 HANDICAPPED SPACES 151 TO 200 SPACES 6 HANDICAPPED SPACES 201 TO 300 SPACES 7 HANDICAPPED SPACES 301 TO 400 SPACES 8 HANDICAPPED SPACES 401 TO 500 SPACES 9 HANDICAPPED SPACES -1 - - 1994. 501 TO 1,000 SPACES 20 PLUS l HANDICAPPED SPACE FOR EACH 100 SPACES OVER 1,000 SPACES 2. THE SIZE OF THE HANDICAPPED SPACE SHALL llE EIGHT FEET (8') IN WJ1JI'H, NINETEEN FEET (19 ') IN DEPTH WITH FIVE FOOT (6') ACCESS AISLES. 3. EACH HANDICAPPED SPACE SHALL BE MARKED WITH A FREESTANDING SIGN AND PAVEMENT MARKINGS USING THE STANDARD UNIFORM WO RD S, SYMBOLS AND COLORS THAT SIGNIFY THAT THE SPACE IS FOR PARKING BY THE HANDICAPPED ONLY. 4. DESIGNATED HANDICAPPED SPACES SHALL BE LOCATED AS NEAR TO THE ENTRANCE OF THE USE AS POSSIBLE AND SHALL BE GENERALLY DESIGNED SO THAT PEDESTRIAN ACCESS BETWEEN THE PARKING SPACE AND THE BUILDING SHALL NOT INVOLVE CROSSING AN AREA USED FOR VEHICULAR CIRCULATION . 5 . ACCESS RAMPS USABLE BY THE HANDICAPPED SHALL BE PROVIDED FOR ANY CHANGE IN GRADE BETWEEN THE PARKING SPACE AND THE USE . 6. THE TOTAL NUMBER OF SPACES PROVIDED FOR THE HANDICAPPED SHALL BE INCLUDED IN THE TOTAL NUMBER OF PARKING SPACES OTHERWISE REQUIRED BY THIS ORDINANCE . Introduced, read in full , and passed on lint readin1 on the 20th day of June, 1994 . Published as a Bill for an Ordinance on th• 23rd day of June, 1994 . A public hearing was held on August I, 1994. R,ad by title and passed on final reading on the 1st day of AlljlllSt, 1994. Published by title u Ordinance No. ll, Series of 199•, on the •th day of August, -2- I, Loucrishia A Elli,, City Clerk of the City of EnrJewood, Colorado, hereby certify that the above and foreeoine it a true coll¥ Jl,f the Ordinance pa11ed on final readine and publi shed by title•• Ordinance No . Q+, Serie ■ of 1994 . ~Lv{/& Loucrithia A Elli, -3- Date June 20, 1994 INmA TED BY STAFF SOURCE COUNCIL GOAL COUNCL COMMUNICATION Agenda Item 11 j Subject Amendment of Comprehensive .zoning Ordinance -Handicapped Parkin Departme.1t of Community Development Lee Merkel , Director of Community Development N/A l$UE/ ACTION PROPOSED -Staff seeks Council support for a bill for an ordinance amending the Englewood Municipal Code relative to enforcement of handicapped parking and adopts the Americans with Disability Act Standards. Council is also requested to set a date for a public hearing on this issue. PREVIOUS PLANNING COMMISSION ACTION Schedule a date for Public Hearing to consider amending the Comprehensive 2.cming Ordinance, §16-5-5 I, Handicapped Parking . PREVIOUS COUNCIL ACTION None. BACKGROUND ,.,n July 26 , 1990 Public Law 101-336, Americans with Disabilities Act (ADA) was signed .to law . ADA gives civil rights protections to individuals with disabilities similar to those provided to indi,iduals on the basis of race, color, sex , national origin, age, and religion . It guarantees equal opportunity for individuals with disabilities in public accommodations, - employment, transportation, state and local government services, and telecommunications . To be consistent with ADA, the current handicapped parking requirements in the Comprehensive Zoning Ordinance must be amended. SfAFF ANALYSIS The current handicapped parking requimnent of the Comprehensive Zoning Ordinance requires that not less than four percent of the total required parking spaces be designated as handicapped spaces. The minimum required size of these spaces is 12 feet by 19 feet. The recommended ADA standards for the number of spaces is based not on a flat percenl:age but rather on a schedule of required spaces correlated with the total number of required spaces. The size of handicapped spaces has also been changed and calls for stalls eif ,t foot in width separated by five foot access aisles. Adoption of these standards will not significantly change the handicapped requirement for ~ with required parking of 100 spaces or less. This covers the majority of development within the City. An additional benefit of this amendment is the simplification of administration and enforcement of handicapped parking requirements. PROS AND CONS OF OPTIONS REVIEWED The proposed amendment will bring the City's requirements for handicapped parking into compliance with the Federal ADA requirements as it relates to stall size, and the number of !>andicapped stalls required. If the amendment is not approved, the City will not comply with the ADA requirements. FINANOAL IMPACT Compliance with ADA requirements reduces the lilcelihood of litigation, which wuld be expensive to the City. STAFF REPORT CASEft:M STAFF REPORT RE; ZONING AMENDMENTS HANDJCAPPW PARlQNG RFDUlllEMENTS A proposed amendment ID the Comprehensive Zoning Ordinance, §16-5-5 I., Handicapped Parking DATE TO BE CONSIDERED; June 7 , 1994 INITIATED BY; Department of Community Development DESCRIPTION OF ;ssuE; On July 26, 1990, Public Law 101-336, Americans with Disabilities Act (ADA) wa.s signed into law . ADA gives civil rights protcc:ti.ODJ ID individuals with disabilities similar to those provided to individuals 011 tbc basis of race, color, sex, natiooal ori&ic, aee, and religion . It guarantees equal opponwrity for individuals with disabilities in public accommodations , employment , transportali011, state and local govanment services, and telecommunications . To be consistent with ADA, tbc current handicapped parking requirement must be amended . DEPARTMENT OF COMMUNITY DEVELOPMENT ANALYSIS; The current handicapped parking requirement of the Comprehensive Zonin~ Ordinance requires that noc less than four percent of lbc IOlal required parkin& spa= be designated as handicapped spaces. The minimum required siz.c o." these spaces is 12 feet by 19 feet. The rte0mmcnded ADA SlaDdards for the number of spaces is based not on a flat percentage but rather on a schedule of requiml spaces correlated with the total number of required spaces. The size of handicapped spaces has also been changed and calls for stalls eight foo t in width separated by five foot access aisles . Adoption of these S1aDdards will not significantly change the handicapped requirement for uses with required parking of 100 spaus or less. This covers the majority of development within the City. An additional benefit of this an endment is the simplificatioo of adminisualion and cnfon:cmcnt of handicapped parking requirc,nents . DEPilTMENI Of CQMMUl\'ITY DEVELOPMENT llCQMMl,NDATIQN; 1be Deplnment of Commllllity Developmen! recommends 1bat 116-5-!I, I. Bmdicapped Parking be amended u follows : I. Baoclicapped Parkin&. 1. The minimum number of required baoclicapped parkina IIJKCI lball be u follows: Tow Number of Jtaiuired Handicapped Spaca Raiuired Parking Spaces 1 to 25 lplCCS plus I baoclicapped 1p1ce for each 100 2. F.ach bandicappcd space shall be marbd with I fteeslandin liP,D and pavement markinp u.!° & the SlaDdard llllifmm words, symbolJ 1111d ;;oli,-n that signify that the space iJ. for puking by the bandicappcd only . 3. o-· nated blndicapped 1p1CC1 shall be localed u nmr 10 the tllltrnle of me use u possible and shall be generally daiped 10 that pedr:mian ac:ceu between the puting space and the building shall DOt involve c:main& an ma med for vehicular circulation . 4. .',.x:eM ramps usable by the bandic:apped lhall be prOYided for any cllange in grade betwo211be parkin& splCC 111d the Ille. 5. The IDlal number of spaces provided for lbe handicapped shall be illcludcd in the total ·nl!Dlber of parking spaces otberwiJe raiuired by 11m Onlinanc:e . 2