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HomeMy WebLinkAboutItem 02 CFEC Parking PacketAGENDA ITEM SUMMARY Meeting Date: Meeting Type: Staff Contact/Dept.: Staff Phone No: 10/10/2022 Work Session Sophie McGinley and Sandy Belson/DPW 541-736-7135 Estimated Time: 30 Minutes SPRINGFIELD Council Goals: Mandate CITY COUNCIL ITEM TITLE: CLIMATE FRIENDLY AND EQUITABLE COMMUNITIES RULEMAKING - PARKING REQUIREMENTS ACTION REQUESTED: Provide direction to staff on how to approach Phase 2 of the Parking Requirements ISSUE In response to Executive Order 20-04, the Department of Land Conservation and STATEMENT: Development (DLCD) adopted administrative rules that have wide ranging requirements for metropolitan areas in Oregon. The City of Springfield is mandated to comply with these requirements affecting land use and transportation. This agenda item focuses on what the city must do to meet the parking requirements of the administrative rules. ATTACHMENTS: Attachment 1: Memorandum Attachment 2: Map of Areas near Frequent Transit Attachment 3: PowerPoint Slides DISCUSSION/ There are two main phases of the rules affecting parking: FINANCIAL IMPACT: Phase 1: As of December 31, 2022, the City will no longer be able to require on-site parking for any new development near frequent transit corridors or for some specific types of uses. Phase 2: By June 30, 2023, the City will also have a choice of removing all onsite parking requirements for development in the rest of the Urban Growth Boundary (UGB), or to take a multi -faceted approach to regulating parking in certain areas and establishing parking management programs. Phase 2 includes three possible pathways for implementation. Option 1 is to not require any on-site parking anywhere in the UGB. Options 2 and 3 require significant funding and staffing, and do not result in significant flexibility. This work session aims to provide context for the new rules, information about implementation, and options for how to proceed with phase 2 of complying with DLCD's parking regulations. The financial impact of implementation of the parking rules varies widely depending on which option the city pursues and the outcome of legal review of the State's rules. No matter which option Council chooses for Phase 2, there will likely be additional costs for parking enforcement as the parking supply becomes more constrained in certain areas. A preliminary estimate for the cost of parking education and enforcement is: $645,000 first year; $450,000/year thereafter. MEMORANDUM City of Springfield Date: 10/10/2022 To: Nancy Newton COUNCIL From: Sophie McGinley, Comprehensive Planner and BRIEFING Sandy Belson, Comprehensive Planning Manager Jeff Paschall, Community Development Director Subject: Climate Friendly and Equitable Communities MEMORANDUM Rulemaking Parking Requirements ISSUE: In response to Executive Order 20-04, the Department of Land Conservation and Development (DLCD) adopted the Climate -Friendly and Equitable Communities (CFEC) administrative rules that have wide ranging requirements for metropolitan areas in Oregon. The City of Springfield is mandated to comply with these requirements affecting land use and transportation. This agenda item focuses on what the city must do to meet the parking requirements of the administrative rules. COUNCIL GOALS/ MANDATE: Council Goals: Mandate BACKGROUND: In March 2020, Governor Kate Brown issued Executive Order 20-04 directing state agencies to take actions to reduce and regulate greenhouse gas emissions and mitigate the impacts of climate change while also centering the needs of Oregon's most vulnerable communities. In response, the Oregon Land Conservation and Development Commission directed the Department of Land Conservation and Development (DLCD) to draft updates to Oregon's transportation and land use planning rules. The Commission adopted permanent rules on July 21, 2022. These rules set new standards for land use and transportation plans in Oregon's eight metropolitan areas - Albany, Bend, Corvallis, Eugene -Springfield, Grants Pass, Medford -Ashland, Portland Metro, and Salem-Keizer. The intent is to encourage walking, biking, taking the bus, and switching to electrical vehicles. The rules also state an intent to require that the city allow more dense developments in areas of "high quality transit service", bring different land uses (housing, employment, shopping, and parks) close together, and make them walkable. Staff provided a high-level overview of the CFEC rules at the September 19 work session. Parking rules: This work session focuses on the parking component of the state rules. Some of the rules take effect December 31, 2022; others require action by June 30, 2023. The rules aim to provide more flexibility for developers to choose how much parking they would like to require. However, in some cases, the rules limit the amount of on-site parking allowed. There are two main phases of the rules: Attachment 1, Page 1 of 6 MEMORANDUM 10/4/2022 Page 2 • Phase 1: As of December 31, 2022, the city will no longer be able to require a minimum amount of on-site parkingl for any new development near frequent transit corridors. For Springfield, frequent transit corridors are the Route 11 and the EmX. See Attachment 2 for a map of areas for which the City will not require on-site parking for new development. The City may not require more than one parking space per residential unit in developments that have more than one dwelling on a single legally -established property. The City also may not require parking for the following uses: o Facilities and homes designed to serve people with disabilities; o Childcare facilities; o Single -room occupancy housing; o Residential units smaller than 750 square feet o Affordable housing (housing available to rent or buy by households with income that does not exceed 80% of AMI, or spaces in manufactured dwelling parks available for rent by households with income that does not exceed 100% AMI); o Publicly supported housing (multi -unit rental housing that receives financial assistance from the state or federal government); o Emergency and transitional shelters for people experiencing homelessness; and o Domestic violence shelters Phase 2: The City has a choice of removing all onsite parking requirements for development in the rest of the Urban Growth Boundary, OR to take a multi -faceted approach to regulating parking in certain areas and establishing parking management programs. Phase 2 includes 3 possible options for implementation. Option 1 is referred to as the "do nothing" approach and requires repealing all minimum parking requirements city-wide. Generally, options 2 and 3 require significant funding and staffing, and do not result in significant flexibility. If the city opts for option 2 or 3, the resulting Springfield Development Code amendments and parking management plans must be effective by June 30, 2023. Amending the Springfield Development Code is a land use decision and therefore would involve public hearings with the Planning Commission and elected officials (Springfield City Council and Lane County Board of Commissioners.) For the code amendments to be effective by June 30, the city would need to identify the necessary amendments this fall and begin the public hearing process this winter. Springfield 2035 Transportation System Plan (TSP) and Development Code amendments: Although the state's rules were recently adopted, Springfield has already laid the groundwork for parking rules. The TSP was adopted in 2014 and includes policies that are explicitly intended to reduce dependance on the single -occupancy vehicles very similar to the climate goals of the CFEC rules. During 2016-2020, Springfield engaged with the community in an extensive process to figure out the right balance of tools for Springfield to meet these TSP objectives — Springfield was stricter than the CFEC rules require in some instances and more lenient in others. Springfield lowered minimum parking requirements, added parking maximums2, and increased opportunities for developers to seek "right sized" parking requirements that are outside the code's limits. A few of these provisions, though not all, will help Springfield comply with 1 "Parking minimums" sets a minimum number of parking spaces provided on-site on conjunction with development. 2 "Parking maximums" limit the number of off-street parking spaces that can be included in a development. Attachment 1, Page 2 of 6 MEMORANDUM 10/4/2022 Page 3 CFEC rule requirements, such as Springfield's existing maximum parking requirements, bicycle parking standards, and maximum block length requirements. Local Implementation: Phase 1 Implementation will consist of referring to the applicable state administrative rules and approving eligible applications that propose less parking than the minimums outlined in the Springfield Development Code. The city would not undertake code amendments at this time, and developers and staff will refer to the state's rules in OAR Chapter 660, Division 12 until the state provides additional information. Phase 2 Implementation depends on the direction given by the City Council. Option 1 (the "do nothing approach") would result in no minimum parking requirements city-wide. Implementation could be similar to Phase 1, referring to statewide rules and providing developers and staff the applicable resources to approve applications even if the applicant does not include the on-site parking required by the Springfield Development Code. If Option 1 is pursued, the already -adopted parking maximums would remain in place, however the parking minimums would no longer apply. Options 2 and 3 would require significant code amendments, funding, and staffing. Both options would require: • Reduced mandates3 based on shared parking4, solar panels, EV charging, car sharing, parking space accessibility, on -street parking, garage parking. • Unbundled parking5 for developments with five or more dwellings that are located near frequent transit. • The City may not require garages/carports. • Removing on-site parking requirements in and near climate -friendly areas or adoption of parking management policies; unbundled parking for multifamily units. In addition: • Option 2 requires implementing 3 out of the 5 following policies to manage parking per OAR 660-012-0445 (1)(a): (A) A requirement that parking spaces for each residential unit in developments that include five or more leased or sold residential units on a lot or parcel be unbundled parking. Cities and counties may exempt townhouse and rowhouse development from this requirement; (B) A requirement that parking spaces serving leased commercial developments be unbundled parking; (C) A requirement for employers of 50 or more employees who provide free or subsidized parking to their employees at the workplace provide a flexible commute benefit of $50 per month or the fair market value of that parking, whichever is greater, to those employees eligible for that free or subsidized parking who regularly commute 3 "Parking mandates" means requirements to include a minimum number of off-street parking spaces with development or redevelopment, or a fee -in -lieu of providing parking for residential development. 4 "Shared parking" means parking spaces used to meet the parking mandates for two or more uses, structures, or parcels of land, to the extent that the owners or operators show the overall demand for parking spaces can be met by the shared parking. 5 "Unbundled parking" means a requirement that parking spaces for each unit in a development be rented, leased, or sold separately from the unit itself. Attachment 1, Page 3 of 6 MEMORANDUM 10/4/2022 Page 4 via other modes instead of using that parking; (D) A tax on the revenue from commercial parking lots collecting no less than 10 percent of income, with revenues dedicated to improving transportation alternatives to drive -alone travel; and (E) A reduction of parking mandates for new multifamily residential development to no higher than one-half spaces per unit, including visitor parking. • Option 3 requires implementing all of the following under OAR 660-012-0445 (1)(b): (A) A repeal of all parking mandates within one-half mile pedestrian travel of climate - friendly areas; (B) A repeal of parking mandates for transit -oriented development and mixed-use development; (C) A repeal of parking mandates for group quarters, including but not limited to dormitories, religious group quarters, adult care facilities, retirement homes, and other congregate housing; (D) A repeal of parking mandates for studio apartments, one -bedroom apartments and condominiums in residential developments of five or more units on a lot or parcel; (E) A repeal of parking mandates for change of use of, or redevelopment of, buildings vacant for more than two years. Cities and counties may require registration of a building as vacant two years prior to the waiving of parking mandates; (F) A repeal of requirements to provide additional parking for change of use or redevelopment; (G) A repeal of parking mandates for expansion of existing businesses by less than 30 percent of a building footprint; (H) A repeal of parking mandates for buildings within a National Historic District, on the National Register of Historic Places, or on a local inventory of historic resources or buildings; (I) A repeal of parking mandates for commercial properties that have fewer than ten on- site employees or 3,000 square feet floor space; (J) A repeal of parking mandates for developments built under the Oregon Residential Reach Code; (K) A repeal of parking mandates for developments seeking certification under any Leadership in Energy and Environmental Design (LEED) rating system, as evidenced by either proof of pre -certification or registration and submittal of a complete scorecard; (L) A repeal of parking mandates for schools; (M) A repeal of parking mandates for bars and taverns; Attachment 1, Page 4 of 6 MEMORANDUM 10/4/2022 Page 5 (N) Setting parking maximums consistent with OAR 660-012-0415(1), notwithstanding populations listed in that section; and (0) Designation of at least one residential parking district or parking benefit district where on -street parking is managed through permits, payments, or time limits. Implications: The parking rules are complex, particularly Options 2 and 3. Put simply, pursuing Option 2 or 3 would result in the being able to require some on-site parking for much of the residential development that would occur in the R-1 zone in areas outside of the %Z mile of the EmX or Route 11 bus. The city would be able to require some on-site parking for industrial and maybe some commercial development in the Jasper-Natron area. However, following Option 2 or 3 would require a lot of work and staff question if that level of control is worth the effort. It is important to keep in mind that many developers will choose to provide on-site parking even when it is no longer required. They may provide parking to make their developments more attractive or because it is required by their lenders. Over time, with constraints on available land, changes in how people move about the city, and changing technology, developers may provide less area for parking allowing for more efficient development patterns. Education and Enforcement: Regardless of which option the City of Springfield pursues, people with vehicles may choose to park in places where they should not park. If they park on the street in a manner that impedes traffic, the police may need to take enforcement action. If they park on private property in an area not meant for parking, the city's code enforcement officers may need to take enforcement action. Therefore, there may be an increase in calls for code enforcement and police. Code enforcement may need to increase outreach and monitor and enforce on-site (private property) parking regulations and violations. Police enforcement may need to increase to monitor and enforce on -street (public right-of-way) parking violations, including vehicles blocking access for public safety. Option 1 would allow the City to retain some of our existing policies and continue to manage parking. However, the effects of these rules are unpredictable and may necessitate the creation of a parking management plan in the future to deal with potential spill-over effects from certain uses into the surrounding streets. The creation of such a plan would require funding, staff, community input, and ongoing implementation. Note: The extent and complexity of the rules make them difficult to understand and fully grasp the implications of implementation. While the City Attorney's Office is pursuing legal review of the rules with other affected cities, the rules remain effective unless or until a court issues a stay on the rules; the City Attorney's Office has advised staff to work toward implementation of the rules in the meantime. RECOMMENDED ACTION: Staff seeks Council direction on how to approach Phase 2 of the Parking Requirements. Staff recommends Option 1: not requiring minimum parking city-wide. This option is the "cleanest" and most cost-efficient option to implement in Springfield. Although it would ultimately require code amendments and increased education and enforcement, it would allow Attachment 1, Page 5 of 6 MEMORANDUM 10/4/2022 Page 6 the city to maintain existing local policies and programs such as parking maximums and the Downtown Parking Management Program. Additionally, Option 1 would continue to allow the majority of uses to develop the same amount of parking currently allowed by the Springfield Development Code. Although Options 2 and 3 do not mandate the elimination of parking minimums city-wide, their scope would reach the majority of the city—essentially rendering the geographical and use - based flexibility minimal. Additionally, the costs of implementation for options 2 and 3 may be significant and would require ongoing funds to comply. If Council would like to consider Option 2 or 3, staff would prepare for a work session focused on implementation of that Option. Attachment 1, Page 6 of 6 Attachment 2, Page 1 of 1 hF 4 Implementing Mandatory Climate Friendly and Equitable Communities Rulemaking Parking Ganges Parking Progress in Springfield • Transportation System Plan o Parking maximums o Added flexibility o Local incentives • Downtown Parking Program • Development Code Update Project Set the groundwork for implementing new parking rules Attachment 3, Page 2 of 17 SPRINGFIELD AQCGAN SPRINGFIELD . OREGON PARK DOWNTOWN Parking Minimums • Requirements to include a minimum number of off-street parking spaces with development or redevelopment • Do not preclude developers from adding more than the minimum required Attachment 3, Page 3 of 17 SPRINGFIELD AQCGAN Parking Maximums • Limits on the number of off-street parking spaces that can be included in a development. • Allow for less than the maximum to be provided • In certain cases, allow for more to be built (if meeting certain conditions) SPRINGFIELD AQCGAN Attachment 3, Page 4 of 17 Phases of Parking Rules December 31, 2022 Phase 1: Near Transit and Certain Uses Electrical Vehicle Conduits This won't be covered itoday, but is included in the Climate Friendly and Equitable Communities Rulemaking Attachment 3, Page 5 of 17 June 30, 2023 Phase 2: Citywide Approach SPRINGFIELD AQCGAN Phase 1: Parking Near Transit and Certain Uses • December 31, 2022 • Apply to development applications submitted after December 31, 2022 • 0440 Cannot require parking for development within 1/2 mile of frequent transit corridors • 0430 Cannot require parking for certain uses Attachment 3, Page 6 of 17 SPRINGFIELD 0 -- Near Transit Legend Properties within City limits 0.5 miles from frequent transit corridors Properties outside of City limits 0.5 miles from frequent transit corridors f -MWW- AI -tar -b , Page 7 of 1, , Certain Uses 11IRR • Cannot mandate more than 1 space/unit for residential developments with more than 1 unit • No mandates for small units, affordable units, child care, facilities for people with disabilities, shelters Attachment 3, Page 8 of 17 SPRINGFIELD AQCGAN The Phase 1 Rules DON'T • Mandate existing developments to reduce their on-site parking • Prohibit providing parking along with development • Interfere with the City of Springfield Parking Maximums • Directly affect accessible parking (Americans with Disabilities Act) Attachment 3, Page 9 of 17 SPRINGFIELD 0 -- qW 'M Implementation in Springfield • After December 31, 2022, approve applications for new development that meet the criteria for Phase 1 Parking rules • Internal staff training • Reference to relevant OAR • Do not, at this time, require code amendment process Attachment 3, Page 10 of 17 SPRINGFIELD SPRINGFIELD AQCGAN Phase 2: Citywide Approach • 3 Options: 0 1) Repeal all parking minimums, city-wide 0 2 and 3) Keep some requirements, but make modifications and add new requirements and programming • Options 2 and 3 require significant funding and staff time and do not provide significant flexibility • Disclaimer: Still waiting for more information and legal guidance pertaining to these options and their feasibility Attachment 3, Page 11 of 17 SPRIMIGFIELD OREGO N Parking Regulation: Choosing a Pathway Option 1 Options 2 and 3 660-012-0420 660--012-0425 through 0454 Reduce parking burdens — reduced mandates based on shared parking, solar panels, EV charging, car sharing, parking space accessibility, on -street parking, garage parking_ Must unbundle parking for multifamily units near frequent transit. May not require garages/carports. Repeal Climate -friendly area parking — remove mandates in and near climate -friendly areas of adopt parking management policies; unbundle parking for multifamily units parking mandates Option 2 Option 3 enact at least three of flue {policies all of the below 1. Unbundle parking for No mandates for a variety of specific uses, small residential units sites, vacant buildings, studios/one bedrooms, 2. Unbundle leased commercial historic buildings, LEER or Oregon Reach Code parking developments, etc. No additional 3, Flexible commute benefit for No additional parking for changes in use, action needed businesses with more than 50 red eve Iopnents, expansions of over 3D%. employees Adopt parking maximums. 4, Tax on parking lot revenue No mandates within Ya mile walking distance S. No more than A parking of (Climate -Friendly Areas. space/unit irMg t 3, P 91%4igngfeWstrict to manage an -street residential multifamily development parking. SPRINGFIELD AQCGAN Choosing a Pathway • Option 1- No minimum required parking city-wide • Option 2- Limits parking and adds policies to manage parking • Option 3- Limits parking further and requires at least one parking management district If choose to pursue Options 2 or 3, would need to begin work Fall 2022 Attachment 3, Page 13 of 17 SPRINGFIELD AQCGAN Options 2 & 3 both require • Reduce mandates based on shared parking, solar panels, EV charging, car sharing, parking space accessibility, on -street parking, garage parking. • Must unbundle parking for multifamily units near frequent transit. • May not require garages/carports city-wide. • In Climate Friendly Areas: remove mandates or adopt parking management policies; unbundle parking for multifamily units And... Attachment 3, Page 14 of 17 SPRINGFIELD AQCGAN Additional Option Z - Parking Management Polices • Enact 3 out of the 5 policies: o Unbundle parking for residential units o Unbundle leased commercial parking o Flexible commute benefit for businesses with more than 50 employees o Tax on parking lot revenue o No more than 1/2 parking space per unit in multifamily development • "Unbundled Parking" is a requirement that parking spaces for each unit in a development be rented, leased, or sold separately from the unit itself. Attachment 3, Page 15 of 17 SPRINGFIELD AQCGAN Additional Option 3 - Reduced Parking & Parking District • All of the below: o No mandates for a variety of specific uses, small sites, vacant buildings, studios/one bedrooms, historic buildings, LEED or Oregon Reach Code developments, etc o No additional parking for changes in use, redevelopments, expansions of over 30% o Adopt parking maximums o No mandates within 1/2 mile walking distance of Climate -Friendly Areas o Designate district to manage on -street residential parking. Attachment 3, Page 16 of 17 SPRIMIGFIELD OREGO N Questions Attachment 3, Page 17 of 17