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HomeMy WebLinkAboutOrdinance No. 04 31 SMU UCDORDINANCE NO. 0 4 / 31 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, REPEALING SECTION 24-500, "PARKING REQUIREMENTS IN UC-1 AND UC-2", SUBSECTIONS (1) THROUGH (6) OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, IN ITS ENTIRETY, AND UPDATING AND REPLACING THE SAME WITH THE PROVISIONS SET OUT HEREIN, PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair heating to all property owners generally, and the City Council of the City of University Park is of the opinion that the Comprehensive Zoning Ordinance should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Section 24-500, Parking Requirements in UC-1 and UC-2, of the Comprehensive Zoning Ordinance, be, and the same is hereby, amended by repealing section 24-500, Parking Requirements in UC-1 and UC-2, Subsections (1) through (6) of the Comprehensive Zoning Ordinance of The City Of University Park, as heretofore amended, in its entirety, and updating and replacing the same as follows: "24-500 Parking Requirements - University Campus The purpose of this section is to assure that adequate parking spaces are maintained by Southern Methodist University by setting a minimum number of parking spaces required for an established University population and requiring additional parking spaces should the University population increase. (1) The following population numbers are to be full-time equivalents (FTE) as defined by Southern Methodist University (University). The University shall be required to provide and maintain not fewer than 5,723 parking spaces. 68434 If either the University daytime or evening population exceeds 9,770, the University shall provide and maintain new parking spaces in the proportion of .5 parking spaces for each additional student and .8 parking spaces for each additional faculty/staff member. To verify that there are 5,723 parking spaces on the campus, the University shall submit annually a map of the University Campus zoned districts indicating the total number of spaces for each parking area. Accompanying the map shall be a summary of the spaces with locations specified and a summary of the annual maximum evening and daytime populations of the University for the immediately preceding year. The map and summaries shall be filed and registered with the Building Department of the City, and once verified, shall become a part of the University's Annual Parking Report to the City. Thereafter, whenever for any reason a parking space is eliminated the University shall concurrently add a replacement space within the University Campus zoned districts. On or before June 30, 2003, and annually thereafter on or before the same date, the University shall submit to the Building Department of the City an Annual Parking Report in accordance with the provisions of this section. If the Annual Parking Report demonstrates full compliance with the requirements of this section, it shall be received and filed by the Building Department and acknowledgment given the University of such compliance. In the event violations of this section exist or are demonstrated by the report, the Building Department shall give notice in writing of such violation to the University immediately. Upon receipt of such notice, the University shall, within thirty (30) days either: (a) demonstrate to the satisfaction of the Building Department that the University is in compliance with the requirements of this section; or (b) submit a plan satisfactory to the Building Department for the correction of the violation within a reasonable period of time, not to exceed sixty (60) days, acceptable to the Building Department. Upon acceptance of the plan, the University shall be obligated to follow the plan to completion to correct such violation within the time allowed. In the event the University fails or refuses to comply with the provisions of this section or the plan submitted and approved by the Building Department, it shall be subject to all the penalties provided by law including, but not limited to, fines and penalties as provided by law, the right of the City to seek injunctive relief, the withholding of building permits for any 68434 construction by the University directly related to the parking violation which may exist, the withholding of any certificate of occupancy for any building directly related to the parking violation which may exist, and other remedies as may be authorized by law to the City. Concurrently with the submission of the Annual Parking Report, the University shall also submit the University's operational plan for the shuttle bus system, if any, to be implemented the following academic year and a statement describing the utilization of the shuttle bus system under the current operational plans. All parking spaces in the University campus zoned districts are to comply with the definition of parking space, off-street, in Section 31-102(66). One- third (33 1/3%) of the spaces in each lot may be smaller spaces designated for small size cars. (2) Parking Space Credit for Mass Transit In determining parking requirements under this Section 24-500, the University is entitled to a credit for parking spaces required beyond the minimum for faculty, staff, and students who reside in a zip code served by a DART Rail park and ride station or a zip code adjacent to such a park and ride station, excluding students who reside in zip codes 75225, 75275 and 75205, as follows: Students - 15% of the students shall be deducted From any calculation Faculty - 10% of the faculty shall be deducted from any calculation Staff - 15% of the staff shall be deducted from any calculation (3) Parking. for Ford Stadium Provided Southern Methodist University maintains an annual inventory as reported to the City of not less than 5,723 parking spaces, Ford Stadium may host events (as hereinafter described) so long as spectator admissions to the events do not exceed 22,892. For events that exceed 22,892 spectator admissions, the University shall be obligated to provide one additional parking space for every four additional spectators admissions that the University can reasonably anticipate. In the event sufficient additional spaces are not included in the annual report to the City, the number of additional required spaces may be provided at a remote location so long as no fee is charged to the spectators for such remote parking. The University may 68434 include in its plan that 25% of the required additional spectators anticipated will be served by the DART Rail System and that no additional parking spaces will be required for that number of seats. Prior to hosting any event at which more than 22,892 spectator admissions are expected, a written plan for the use of remote parking shall be submitted to the Director of Public Works and the City Attorney for review in accordance with the requirements of this section. The plan shall be considered approved if notice of approval is given in writing by the Director of Public Works. In the event the Director of Public Works shall fail to approve the plan within fifteen (15) days of its submission, the University may submit the plan to the Planning and Zoning Commission for review and then to the City Council for approval or denial. The plan shall provide the following: (a) Statement of the number of spectator admissions that the University reasonably anticipates being in attendance. Note: Ten (10) business days after the completion of each event, the University shall file with the Director of Public Works for each such event the actual number of spectators in attendance. (b) Binding contracts with the providers of the remote parking spaces. (c) Free shuttle bus service to Ford Stadium from remote parking and return, including description of bus routes and schedule. (d) Description of how the University plans: 1. to inform the public attending the events of the remote parking, to locate appropriate signage directing the attending public to the remote parking, and 3. to provide advance notice to visiting colleges and universities. (e) Location and operation of a command post which shall make provision for assistance to the attending public for emergency services and recovery of towed vehicles. (f) Adequate security and traffic control personnel. 68434 (4) Construction of Parking Spaces No Change (5) Site Plan Approval Required for Removal or Reduction of Parking Space (a) In University campus zoning, removal or reduction of off-street required parking spaces or area in excess of 30 parking spaces shall not be undertaken until a site plan delineating such proposed removal or reduction and provisions for replacement of such spaces or area is reviewed and approved by the Director of Public Works." SECTION 2. That all ordinances of the City of University Park in conflict with the provisions of this ordinance or the Comprehensive Zoning Ordinance as amended hereby be, and the same are hereby, repealed SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance or the Comprehensive Zoning Ordinance as a whole, or any part or provision thereof, other than the part decided to be unconstitutional, illegal or invalid. SECTION 4. That any person, firm or corporation violating any of the provisions or terms of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of University Park, Texas, and upon conviction in the municipal court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such violation is continued shall be deemed to constitute a separate offense. 68434 SECTION 5. That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 20th day of October 2004. ~ ,AllOttED A~ T(~OI~I~ CITY ATTORNEY (RLD/meh 10/07/04; 68434) ~S H' HOL~~~APPROVED: ATTEST: 68434