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VII.4. First Reading: Zoning Code Text Amendment Related to Off-Street Parking Standards; Lindahl (2017-129) November 6, 2017 City Council Report 2017-129 Zoning Code Text Amendment Related to Off-Street Parking Standards Proposed Action Staff recommends the following motion: Move to adopt Resolution 2017-077, approving Ordinance 2017-1127 amending Sections 550.01 the City Code related to Off-Street Parking standards. Overview The applicants, Barbara and Mohsen Zadeh, request an amendment to Section 550 of the City Code - Off-Street Parking Standards. The Zadehs made this request because they are seeking a tenant for their property at 1605 Mainstreet and are finding it challenging to meet the current off-street parking standards. The owner of the property at 65 – 7th Avenue South, Paul Pokorny, is experiencing similar challenges with his property. The proposed zoning ordinance text amendment would revise the City’s off-street parking regulations to allow on-street parking as a credit toward a site’s off-street parking requirement and encourage the use of transit and bicycles. This memo reviews the City’s legal authority for this type of application, the proposal’s consistency with the Comprehensive Plan, the proposed zoning standards and potential non-conformity issues. Based on the findings made below, staff recommends approval of this request. Should the City approve the proposed zoning code text amendment, it would: 1. Revise the City’s parking regulations to allow off-street parking reductions for on-street parking, transit service or bicycle parking. Primary Issues to Consider • Consistency with the Comprehensive Plan • Zoning Standards • Potential Non-Conformity Issues Supporting Documents • Resolution 2017-077 • Ordinance 2017-1127 • Zoning Map • Comments from Paul Pokorny _____________________ Jason Lindahl, AICP City Planner Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________ Related Documents (CIP, ERP, etc.): _________________________________________ Notes: City Council Report 2017-129 Page 2 Background The West Mainstreet Overlay District includes properties within the B-3, General Business District, along Mainstreet from the west side of 13th Avenue to Shady Oak Road (see attached zoning map). This area includes a mix of small, older and underutilized properties, post-World War II auto related businesses and strip malls. With a few exceptions, the area has not seen the same level of reinvestment and redevelopment as the east end of Mainstreet and Downtown. Similar conditions also exist along 2nd Street South between 6th and 7th Avenues South. By comparison, the east end of Mainstreet and Downtown benefit from the City’s district parking system to provide parking for their users and customers. Under this systems, properties in the B-2, Central Business District, are exempt from the City’s off-street parking requirements. Staff believes the zoning regulations governing development of these areas contribute to this situation. One of these regulations is the requirement for each site to provide adequate off-street parking to accommodate the users of each site. The requirement to provide off-street parking has the effect of encouraging lower density, auto-oriented uses incompatible with the City’s goals of pedestrian and transit-oriented Mainstreet. Planning & Zoning Commission Action The Planning & Zoning Commission held a public hearing to review this item during their regular meeting on October 24, 2017. During the meeting, the Commission heard a summary presentation from staff as well as comments from the applicant and Paul Pokorny of Pokorny Plumbing at 65 - 7th Avenue South. Both the applicant and Mr. Pokorny thanked staff for the work on this issue but stated they did not think the proposed changes would completely address their off-street parking challenges. Staff reminded the Commission that the proposed changes are not intended to completely solve the off-street parking requirement for any particular property and use. Rather, the changes are intended to more efficiently use the already existing area within the public right-of-way, promote economic development and encourage the use of transit and bicycles. Since the meeting, Mr. Pokorny has submitted additional comments (see attached). In his comments, Mr. Pokorny asks to be able to use not only the existing parking on the south side of 2nd Street South but also the blacktop area directly in front of his building but within 2nd Street South and the area abutting his property along 6th Avenue South. Staff is agreeable to the use of the area along 6th Avenue South that abuts Mr. Pokorny’s property but not the blacktop area in front of his business. The blacktop area is within the public right-of-way, does not provide adequate space for legal parking and maneuvering area and would create traffic conflicts with the parking on the south side of 2nd Street South. The Commission had a discussion about how to best balance shifting the burden of providing off- street parking from individual business owners to the public right-of-way and the potential impacts on adjacent property owners. Commissioner Warden stated he believed the off-street parking credits should be higher. The Planning and Zoning Commission then voted unanimously to recommend the City Council approve this request, but with an increased credit for transit from five to ten percent. Primary Issues to Consider Legal Authority. Zoning Code amendments are legislative actions in that the City is creating new standards to regulate the development of certain types of uses and/or structures. Under the law, the City Council Report 2017-129 Page 3 City has wide flexibility to create standards that will ensure the type of development it desires; however, zoning regulations must be reasonable and supported by a rational basis relating to promoting the public health, safety and welfare. Consistency with the Comprehensive Plan. The proposed zoning ordinance text amendment would update the City’s zoning regulation related to off-street parking standards to allow on-street parking as a credit toward a site’s off-street parking requirement and encourage the use of transit and bicycles. Staff finds the proposed changes consistent with the applicable goals and implementation strategies from the Comprehensive Plan and the City Council’s 2017 Goals and Strategic Plan. The applicable goals and strategies are detailed below. 1. Continue to coordinate land use and transportation needs. An effective transportation network is vital to the future of Hopkins and its redevelopment efforts. This goal calls on the City to continually assess the relationships between land use and transportation in two ways: by assessing the impacts of redevelopment on the existing transportation systems and, in some cases and locations, assessing the impacts that new transportation improvements will have on land use. Staff finds the proposed off-street parking changes will improve the relationship between land use and transportation in these targeted areas by allowing for on-street parking and encouraging the use of transit and bicycles. 2. Review and Update Zoning and Subdivision Regulations Findings: In addition to the eight primary goals, the Comprehensive Plan identifies strategies to implement these goals. Specifically, the Comprehensive Plan identifies the implementation strategy to review and update the City’s zoning and subdivision regulations. Updating the zoning regulations for off-street parking will revise the specific standards necessary to implement the City’s goals. In addition to the Comprehensive Plan the City Council also creates an annual strategic plan. Applicable goals and action steps from that document include preserving the community’s home town feel, supporting transit-oriented development and enhancing the Mainstreet experience. The proposed zoning changes support these goals and action steps and will encourage reinvestment and redevelopment in these targeted areas. Zoning Standards. The proposed zoning ordinance text amendment would revise the City’s off- street parking regulations to allow on-street parking as a credit toward a site’s off-street parking requirement and encourage the use of transit and bicycles. It is important to note that the proposed zoning change will not assign on-street parking areas to any particular property and may not completely solve the off-street parking requirement for any particular property and use. Rather, the changes are intended to more efficiently use the already existing area within the public right-of-way, promote economic development and encourage the use of transit and bicycles. Staff estimates these changes could allow properties in the West Mainstreet Overlay District access to approximately 100 existing on-street parking spaces. Along 2nd Street South between 6th and 7th Avenues South, there are 26 on-street spaces (12 in front of Pokorny, 11 in front of Hammerlund and 3 in front of Wrap City). The final version of the proposed changes is provided below. Detailed edits are provided on the attached draft ordinance. Section 550.01, Subdivision 2. Off-Street Parking Exception and Reductions. Except in any B-2 district, and in any lot or parcel of a B-3 district which abuts upon a B-2 district, the owner or City Council Report 2017-129 Page 4 occupant of all parcels and lots in a B district shall provide such an off street parking area as is required by this code. B-2 and B-3 premises separated only by a public road are deemed to be abutting. The following off-street parking reductions may be utilized jointly or separately. A. On-Street Parking Credit. Properties located in the West Mainstreet Overlay District or having frontage along 2nd Street South between 6th Avenue South and 7th Avenue South may reduce their off-street parking requirements on a one-for-one basis through the use of on-street parking abutting the parcel. To qualify, adequate pedestrian access must be available between the principal structure and all on-street parking spaces. On-street parking reductions may be approved by the Zoning Administrator, subject to a determination by the City Engineer that adequate off-street parking will be available to accommodate vehicles during snow removal and other periods of parking restrictions. B. Transit Service. Properties in the West Mainstreet Overlay District may reduce their off-street parking requirement by ten (10) percent for any parcel located within one-quarter of a mile of a transit stop. To qualify, adequate pedestrian access must be available between the transit stop and the parcel. C. Bicycle Parking. Properties in the West Mainstreet Overlay District may reduce their off-street parking requirement by up to five (5) percent by providing bicycle parking. In calculating the reduction, each required off-street parking space is equal to five (5) bicycle parking spaces. Such bicycle parking shall be located on private property and an approved surface. Nonconformities. As with any change to the City’s regulations, this zoning ordinance text amendment has the potential to create sites that are non-conforming or do not meet the new proposed standard. According to Minnesota Statute 462.357, Subdivision 1e., legal nonconformities generally have a statutory right to continue through repair, replacement, restoration, maintenance, or improvement but not through expansion. These rights run with the land and are not limited to a particular landowner. If the benefited property is sold, the new owner will have the same rights as the previous owner. In these cases, the zoning changes will offer new ways for properties in the West Mainstreet Overlay District and along 2nd Street South between 6th and 7th Avenues South to meet the City’s off-street parking requirements and will not create any new non-conformities. Alternatives 1. Approve the proposed Zoning Code text amendment related to off-street parking standards. By approving, the City will revise the off-street parking regulations to allow on-street parking as a credit toward a site’s off-street parking requirement and encourage the use of transit and bicycles. 2. Deny the proposed Zoning Code text amendment related to off-street parking standards. By denying, the City will not revise the off-street parking regulations to allow on-street parking as a credit toward a site’s off-street parking requirement and encourage the use of transit and bicycles. If the City Council considers this alternative, findings will have to be identified that support this alternative. 3. Continue for further information. If the City Council indicates that further information is needed, the item should be continued. CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO. 2017-077 A RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING THE CITY COUNCIL APPROVE AN ORDINANCE AMENDING SECTIONS 550.01 OF THE CITY CODE RELATED TO ZONING STANDARDS FOR OFF-STREET PARKING WHEREAS, the City of Hopkins initiated an application to amend Sections 515.07 and 535 of the City Code related to zoning standards for off-street parking standards; WHEREAS, the procedural history of the application is as follows: 1. That an application to amend Sections 550.01 of the City Code related to zoning standards for off-street parking standards was initiated by the City of Hopkins on September 22, 2017; 2. That the Hopkins City Council reviewed and discussed this item during their October 17, 2017 meeting; 3. That the Hopkins Zoning and Planning Commission, pursuant to published notice, held a public hearing on the application and reviewed such application on October 24, 2017: all persons present were given an opportunity to be heard; and, 4. That the written comments and analysis of City staff were considered. NOW, THEREFORE, BE IT RESOLVED that an application to amend Sections 550.01 of the City Code related to zoning standards for off-street parking standards is hereby recommended for approval based on the following Findings of Fact: 1. The zoning ordinance text amendment is consistent with the goals and implementation strategies of the Comprehensive Plan and will protect the health, safety and general welfare of the City of Hopkins. Adopted this 6th day of November 2017. _______________________ Molly Cummings, Mayor ATTEST: ______________________ Amy Domeier, City Clerk CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 2017-1127 AN ORDINANCE AMENDING SECTIONS 550.01 OF THE CITY CODE RELATED TO ZONING STANDARDS FOR OFF-STREET PARKING THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. 550.01 Subdivision 2, B-3 Districts, is hereby amended as follows: Subd. 2. B-3 districtsOff-Street Parking Exception and Reductions. Except in any B-2 district, and in any lot or parcel of a B-3 district which abuts upon a B-2 district, the owner or occupant of all parcels and lots in a B district shall provide such an off-street parking area as is required by this code. B-2 and B-3 premises separated only by a public road are deemed to be abutting. The following off-street parking reductions may be utilized jointly or separately. A. On-Street Parking Credit. Properties located in the West Mainstreet Overlay District or having frontage along 2nd Street South between 6th Avenue South and 7th Avenue South may reduce their off-street parking requirements on a one-for-one basis through the use of on-street parking abutting the parcel. To qualify, adequate pedestrian access must be available between the principal structure and all on-street parking spaces. On-street parking reductions may be approved by the Zoning Administrator, subject to a determination by the City Engineer that adequate off-street parking will be available to accommodate vehicles during snow removal and other periods of parking restrictions. B. Transit Service. Properties in the West Mainstreet Overlay District may reduce their off-street parking requirement by ten (10) percent for any parcel located within one-quarter of a mile of a transit stop. To qualify, adequate pedestrian access must be available between the transit stop and the parcel. C. Bicycle Parking. Properties in the West Mainstreet Overlay District may reduce their off-street parking requirement by up to five (5) percent by providing bicycle parking. In calculating the reduction, each required off-street parking space is equal to five (5) bicycle parking spaces. Such bicycle parking shall be located on private property and an approved surface. SECTION 2. This ordinance shall take effect and be in force upon its publication, in accordance with Section 3.07 of the City Charter. First Reading: November 6, 2017 Second Reading: November 21, 2017 Date of Publication: November 30, 2017 Date Ordinance Takes Effect: November 30, 2017 ______________________ Molly Cummings, Mayor ATTEST: _______________________ Amy Domeier, City Clerk Jason, I would like to thank you for bringing our parking concerns to the attention of the Planning and Zoning Commission on October 24, 2017. It was most gracious of you to include our parking concerns in with Barbara and Hohsen Zadeh’s request to amend Section 550 of the City Code - Off-Street Parking Standards. It’s a big step towards helping us market our building in a way that improves the site and Hopkins. Attending the meeting last Tuesday night gave me an understanding of the incredible amount of work that it takes to research, present, and implement an amendment of this kind. Excellent job by all involved. We are very pleased that the City will allow us on-street parking credits to help meet our off- street parking requirements. Although we are very appreciative of the estimated 12 on-street parking spaces located along the South side of 2nd Street, we would like to request the parking spaces, currently being used, on the North side of 2nd Street that abut our building also be included in the amendment, along with the parking spaces on the East side of 7th Ave. South that abut the side of our building. North side of 2nd Street Parking The parking spaces on the North side of 2nd Street have been used as our parking since the building was built. In keeping with the historic parking pattern for our building, we are requesting the parking spaces, currently being used, on the North side of 2nd Street that abut our building be included in the amendment. Historically, parking on the north and south side of 2nd Street has not resulted in vehicle accidents or created problems with snow removal. In fact, the north facing parking spaces are the spaces clients prefer to use because they are located closest to the building and allow clients the best protection from inclement weather and slippery surfaces. Most importantly, the north facing parking space currently houses a handicap parking space, and is clearly the best location for a handicap parking space because it faces the building and provides the easiest access to the building. As stated above, clients historically prefer to park in the north spaces that face the building and this pattern is not likely to change. Unless these existing north facing parking spaces are blocked off, clients will continue to park in them. To block off these parking spaces would be a waste of critically needed parking space, could obstruct traffic flow, and would eliminate an existing handicap parking space. East side of 7th Ave. South Parking The parking spaces along 7th Ave. South have been used as our parking since the building was built. In keeping with the historic parking patterns of our building, we are requesting that the on-street parking spaces on the East side of 7th Ave. South, along the side of our building be included in the amendment. We understand that the area across the street is “residential”, but it is residential in the sense of apartments- not single family homes. The apartment residents have a parking lot available to them, the west side of 7th, and the east side of 7th. As stated at the Planning and Zoning Commission Meeting last Tuesday, “With a few exceptions, the area along 2nd Street South between 6th and 7th Avenues South has not seen the same level of reinvestment and redevelopment as the east end of Mainstreet and Downtown. City Staff believes the zoning regulations governing development of these areas, particularly the current off-street parking requirements contribute to this situation.” Your action of approving our request for additional on-street parking credits would address this problem, greatly improve our ability to sell the building, and provide the amount of parking space that would accommodate a wide range of new businesses to develop and improve the site. It would attract new businesses to Hopkins that would have the effect of encouraging higher density, non-auto-oriented uses and be compatible with the City’s goals of pedestrian and transit-oriented Mainstreet. Such an action would be consistent with the applicable goals and implementation strategies from the Comprehensive Plan and the City Council’s 2017 Goals and Strategic Plan. We thank you in advance for your consideration of our request for more on-street parking credits. I look forward to the dialogue. Thank you, Paul Pokorny