Midway Council approves most edits to parking‑agreement rules, tables open‑space parking provision
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Summary
The council adopted changes to off‑street parking rules limiting parking agreements in the city right‑of‑way, added fee and renewal language, and tabled a contentious provision allowing below‑grade parking beneath designated open space pending a clearer definition of 'open space.'
Midway City Council on a vote approved portions of Ordinance 2025‑19 that narrow where the city may enter into parking agreements and add fee and renewal procedures, but tabled a separate subsection addressing below‑grade parking beneath open space for further work.
Staff presented edits to Title 16.13.390 to make clear that off‑site parking used to satisfy required parking must not be located in the city right of way and to impose a parking‑stall fee assessed at initial business license issuance and annually at renewal. Unidentified Speaker 4 summarized the proposed change: "Renewal is automatic unless the city determines a review is warranted, in which case renewal shall be at the discretion of city council." The language also preserves council discretion to revisit existing agreements if circumstances warrant.
Council members sought clarifications on terminology and scope. Unidentified Speaker 5 asked whether 'right of way' covers only street‑side parking; staff confirmed that city‑owned lots not in the right of way could still be the subject of agreements. The council agreed to remove the word "designated" where it appeared in the existing text to avoid implying a formal selection process for off‑site areas.
A second strand of the amendment would have allowed parking structures and below‑natural‑grade parking beneath required or voluntary open space if such below‑grade parking is "visually indistinguishable" from open space without parking. Several council members raised concerns that ramps, service access, mechanical equipment or sports courts atop such parking would change the character of the open space and that the code lacks a clear definition of "open space." As a result, the council voted to adopt the first two edited subsections (off‑site/right‑of‑way language and limits on above‑grade parking within 50 feet of certain streets) and to table subsection 4 (below‑grade parking under open space) for further drafting and a proposed definition of open space.
The council recorded the motion to pass the agreed portions and table subsection 4; the roll call showeda unanimous 'aye' vote among members present. Staff was directed to bring back revised language and a clear definition of open space for future consideration.
Next steps: staff will prepare revised code language that (1) removes the term "designated" where agreed, (2) documents the fee and renewal process for parking stalls, and (3) drafts a clarified definition of "open space" and explicit rules about ramps and visible access points before subsection 4 returns to council.
