Appendix F: Sample Development Regulations
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1 Appendix F: Sample Development Regulations Other cities and other areas of Atlanta have successfully integrated Transportation Demand Management strategies into their zoning and development regulations. Introducing TDM at this stage of the development process allows the City and the developer flexibility in mitigating the transportation impacts of a development. A wide variety of TDM measures can be included in municipal planning and development codes including requirements for transportation management plans, parking limitations and unbundling guidelines, and bicycle facilities. Three examples of TDM code language and programs are included below as examples. City of Atlanta: SPI-12 Buckhead/Lenox Stations San Francisco, CA: Planning Code regarding TDM, Car Share Parking and Unbundling Parking Arlington, VA: TDM Plan Strategies F.1: City of Atlanta: Buckhead/Lenox Stations Special Public Interest District 12 Sec L.011. Transportation management plans required; off-street parking requirements and limitations. The owner or owners or the authorized agent of the owner or owners of each office building or group of office buildings located within the boundaries of the Buckhead/Lenox Special Public Interest District in which total gross leasable floor area of office space exceeds 100,000 square feet shall prepare and file with the director of the bureau of planning a transportation management plan (TMP). Any request for a special administrative permit for new construction in which total gross leasable floor area of office space exceeds 100,000 square feet shall contain said TMP as a part of the application. For all existing office developments, said TMP shall be filed with the director of the bureau of planning no later than 180 days from the effective date of this chapter. Said TMP shall be filed in the manner otherwise provided for special administrative permits in chapter 25 of this part and is subject to review and decision by the director of the bureau of planning. Appropriate forms for the filing of transportation management plans shall be promulgated by the director of the bureau of planning. Each such TMP shall be designed so that in the horizon year, five years from the date of original approval of said TMP, 25 percent of peak-hour work trips to each such building or group of F-1
2 buildings shall be made by alternative transportation means other than single-occupancy vehicles. Each applicant shall thereafter on a five-year basis submit a new TMP and a report documenting the effectiveness of the previous TMP. Peak-hour work trips are the total number of persons arriving at the subject site between 7: 00 a.m. and 9: 00 a.m. on the average work day. Said alternative transportation means included in each such required TMP shall include both alternatives to driving alone and techniques that encourage the use of these alternatives. Each such plan shall be comprised of improved use of public transit in combination with any of the following elements, as follows: (1) Commute alternatives: a. Public transit; b. Carpooling and vanpooling; c. Commuter bicycling and walking programs; d. Alternative work hours: 1. Staggered work hours; 2. Compressed work weeks; 3. Flexible work hours (flextime); 4. Telecommuting. (2) Transportation demand strategies: a. Improvements to alternative modes such as vanpooling; b. Financial incentives given to employees who use commute alternatives; c. Parking management programs; d. Commute alternatives information and marketing; e. Participation in a transportation management association. (3) Parking limitations: a. Parking spaces for any new office development within the Buckhead/Lenox Stations District shall not exceed 2.75 spaces per 1,000 square feet of gross floor area. b. Parking spaces for any new mixed-use development consisting of office, hotel, retail or other permissible commercial uses, shall be based upon a shared parking formula approved by the commissioner of public works. F-2
3 c. Parking lots shall be designed so as to provide the most convenient accessibility to building entrances by handicapped persons and persons arriving by vanpools and carpools. (Ord. No , 1, 2, ) F.2. San Francisco, CA: Planning Code The following codes relate to: i) Transportation Management Programs, ii) Car Share Parking iii) Unbundling Parking i) SEC TRANSPORTATION MANAGEMENT PROGRAMS AND TRANSPORTATION BROKERAGE SERVICES IN C-3 AND SOUTH OF MARKET DISTRICTS. (a) Purpose. This Section is intended to assure that adequate measures are undertaken and maintained to minimize the transportation impacts of added office employment in the downtown and South of Market area, in a manner consistent with the objectives and policies of the Master Plan, by facilitating the effective use of transit, encouraging ridesharing, and employing other practical means to reduce commute travel by single-occupant vehicles. (b) Requirement. For any new building or additions to or conversion of an existing building in C-3 and South of Market Districts where the gross square feet of new, converted or added floor area for office use equals at least 100,000 square feet, or, in the case of the SSO District, 25,000 square feet, the project sponsor shall be required to provide on-site transportation brokerage services for the actual lifetime of the project, as provided in this Subsection. Prior to the issuance of a temporary permit of occupancy (for this purpose Section 149(d) shall apply), the project sponsor shall execute an agreement with the Department of City Planning for the provision of on-site transportation brokerage services and preparation of a transportation management program to be approved by the Director of Planning and implemented by the provider of transportation brokerage services. The transportation management program and transportation brokerage services shall be designed: F-3
4 (1) To promote and coordinate effective and efficient use of transit by tenants and their employees, including the provision of transit information and sale of transit passes on-site; (2) To promote and coordinate ridesharing activities for all tenants and their employees within the structure or use; (3) To reduce parking demand and assure the proper and most efficient use of on-site or off- site parking, where applicable, such that all provided parking conforms with the requirements of Article 1.5 of this Code and project approval requirements; (4) To promote and encourage project occupants to adopt a coordinated flex-time or staggered work hours program designed to more evenly distribute the arrival and departure times of employees within normal peak commute periods; (5) To participate with other project sponsors in a network of transportation brokerage services for the respective downtown or South of Market area; (6) To carry out other activities determined by the Department of City Planning to be appropriate to meeting the purpose of this requirement. (Added by Ord , App. 9/17/85; amended by Ord , App. 4/6/90) ii) SEC CAR SHARING. (a) Definitions. For purposes of this Code, the following definitions shall apply: (1) A "car-share service" is a mobility enhancement service that provides an integrated citywide network of neighborhood-based motor vehicles available to members by reservation on an hourly basis, or in smaller intervals, and at variable rates. Car-sharing is designed to complement existing transit and bicycle transportation systems by providing a practical F-4
5 alternative to private motor vehicle ownership, with the goal of reducing over-dependency on individually owned motor vehicles. (2) A "car-share organization" is any public or private entity that provides a membershipbased car-share service to the public and manages, maintains and insures motor vehicles for shared use by individual and group members. The Planning Department shall maintain a list of recognized car-share organizations meeting the standards and intent of this Section. (3) An "off-street car-share parking space" is any parking space generally complying with the standards set forth for the district in which it is located and dedicated for current or future use by any car-share organization through a deed restriction, condition of approval or license agreement. Such deed restriction, condition of approval or license agreement must grant priority use to any car-share organization that can make use of the space, although such spaces may be occupied by other vehicles so long as no car-share organization can make use of the dedicated car-share spaces. (4) A "car-share vehicle" is a vehicle provided by a car-share organization for the purpose of providing a car-share service. (5) A "property owner" refers to the owner of a property at the time of project approval and its successors and assigns. (b) Requirements for Provision of Car-Share Parking Spaces. (1) In newly constructed buildings in DTR districts containing residential uses or existing buildings being converted to residential uses, if parking is provided, car-share parking spaces shall be provided in the amount specified in Table 166. F-5
6 Table 166 REQUIRED CAR SHARE PARKING SPACES Number of Residential Units Number of Required Car Share Parking Spaces or more 1, plus 1 for every 200 dwelling units over 200 (2) The required car-share spaces shall be made available, at no cost, to a car-share organization for purposes of providing car-share services for its car-share service subscribers. At the election of the property owner, the car-share spaces may be provided (i) on the building site, (ii) on another off-street site within 800 feet of the building site. (3) Off-Street Spaces. If the car-share space or spaces are located on the building site or another off-street site: (A) the parking areas of the building shall be designed in a manner that will make the carshare parking spaces accessible to non-resident subscribers from outside the building as well as building residents; (B) prior to Planning Department approval of the first building or site permit for a building subject to the car share requirement, a Notice of Special Restriction on the property shall be recorded indicating the nature of requirements of this Section and identifying the minimum number and location of the required car-share parking spaces. The form of the notice and the location or locations of the car-share parking spaces shall be approved by the Planning Department; (C) all car-share parking spaces shall be constructed and provided concurrently with the construction and sale of units; and F-6
7 (D) if it is demonstrated to the satisfaction of the Planning Department that no car-share organization can make use of the dedicated car-share parking spaces, the spaces may be occupied by non-car-share vehicles; provided, however, that upon ninety (90) days of advance written notice to the property owner from a car-sharing organization, the property owner shall terminate any non car-sharing leases for such spaces and shall make the spaces available to the car-share organization for its use of such spaces. (c) Provision of a required car-share parking space shall not be counted against the number of parking spaces allowed by this Code as a principal use, an accessory use, or a conditional use. (Added by Ord , File No , App. 8/19/2005) iii) SEC PARKING COSTS SEPARATED FROM HOUSING COSTS IN NEW RESIDENTIAL BUILDINGS. (a) In DTR Districts, all off-street parking spaces accessory to residential uses in new structures of 10 dwelling units or more, or in new conversions of non-residential buildings to residential use of 10 dwelling units or more, shall be leased or sold separately from the rental or purchase fees for dwelling units for the life of the dwelling units, such that potential renters or buyers have the option of renting or buying a residential unit at a price lower than would be the case if there were a single price for both the residential unit and the parking space. Renters or buyers of on-site inclusionary affordable units provided pursuant to Section 315 shall have an equal opportunity to rent or buy a parking space on the same terms and conditions as offered to renters or buyers of other dwelling units. (b) Exception. The Planning Commission may grant an exception from this requirement for projects which include financing for affordable housing that requires that costs for parking and housing be bundled together. (Added by Ord , File No , App. 8/19/2005) F.3. Arlington, Virginia: TDM Plan Strategies A comprehensive TDM plan incorporates strategies for each topic area as listed in the following: F-7
8 A. Program Structure, Participation and Funding 1. Maintain an active membership in Arlington Transportation Partners (ATP). 2. Designate and train the property transportation coordinator (PTC). 3. Facilitate development of employee transportation coordinator (ETC). 4. Provide Annual Contribution to the County for ACCS programs. B. Facilities and Improvements 5. Provide information display (transportation kiosk). 6. Provide for bus stops improvement. 7. Maintain existing bus stops during construction. 8. Maintain an on-site business center (residential use only). 9. Provide bicycle facilities to include bike parking facilities, guest parking and showers. C. Coordinated Parking Management 10. Prepare a comprehensive parking management plan. 11. Provide a comprehensive sign plan for the property. 12. Design for paratransit access at main entrance to building. 13. Provide reserved spaces for carpoolers and vanpoolers (commercial use only) 14. Establish market- rate pricing for SOV parking (commercial use only). 15. Provide registered vanpools with free parking (commercial use only). 16. Provide carpools with half off the rate for SOV parking (commercial use only). 17. Depict area parking plan for the site and adjacent street frontage. 18. Prohibit on-street loading during peak periods. D. Promotions, Services, Policies 19. Provide a sustainable commute benefit program. 20. Provide transit benefit for a six - month period (commercial use only). 21. Provide SmarTrip cards. 22. Provide website hotlinks to CommuterPage.com. 23. Distribute transit and ridesharing information: F-8
9 a. Participating in ATP staff programs. b. Provide new-resident or tenant commuter information package. c. Distribute transit and ridesharing information periodically. d. Participate in Ozone Action Days and similar activities. e. Reference adjacent metrorail stations and transit facilities in promotional materials. 24. Encourage flexible work strategies to/from property. 25. Encourage telecommuting (commercial use only). E. Performance and Monitoring 26. Implement TDM plan. 27. Submit an annual letter of performance to the County Manager. 28. Conduct a transportation performance study 2 years after occupancy. F. Site Specific Requirements To be decided on a case-by-case basis for mitigation of site impacts and may include but not be limited the following elements: Contribute to operation of a shuttle bus or local transit service. Provide transit fare subsidy to on-site tenants. Provide monitoring contributions and/or performance guarantees. Contribute to specific off-site transportation facilities. Each TDM strategy is selected to mitigate the transportation impacts of the site on a case-by-case basis based on the TIA, the parking ratios and other site characteristics. Several other TDM-related standard site plan conditions are described in the 4.1 administrative regulations, including: construction worker parking, bicycle parking, and showers facilities. See next page for TDM Program Matrix. F-9
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