Title
AN ORDINANCE AMENDING SECTIONS 50-18.5, HIGHER EDUCATION OVERLAY; 50-19.8, PERMITTED USE TABLE; 50-20.1, RESIDENTIAL USES; 50-20.3, COMMERCIAL USES; 50-20.5, ACCESSORY USES; 50-24, PARKING AND LOADING; and 50-41, definitions; RELATED TO OFF-STREET PARKING REQUIREMENTS IN THE UNIFIED DEVELOPMENT CHAPTER.
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CITY PROPOSAL:
The city of Duluth does ordain:
Section 1. That Section 50-18.5.C, Higher Education Overlay Development Standards, be amended as follows:
1. General.
(a) Vehicle ingress and egress shall be located in a manner that avoids or minimizes impacts to residents in adjacent R-1 districts and that reduces the potential for pedestrian-vehicular conflicts;
(b) Primary buildings shall adhere to a build-to zone of five feet to 20 feet along primary streets. This requirement shall supersede building setbacks in Section 50-14.6 and 50-15.2. Alternatively, if the land use supervisor determines that site conditions such as existing buildings or topography make this unfeasible, pedestrian walkways can be used to connect people from public sidewalks along primary streets to businesses and residences. These walkways shall:
• Include pedestrian-scaled lighting;
• Be raised or otherwise designed to encourage run-off and limit ponding during wet weather;
• Be visually recognizable to both pedestrians and motorists;
• Include trees and other landscaping along the length of the walkway; this landscaping can also be used to meet parking lot landscaping requirements in Section 50-25.4;
• Be at least five feet wide;
• Include well-marked crossings where the walkway intersects with private vehicle drives;
(c) Unless lighting meets exception criteria in Section 50-31.1.B, the maximum height of any light pole is 20 feet;
2. Residential.
(a) Required resident parking spaces shall be provided at the ratio of 0.7 space per bedroom, with a minimum of one space per dwelling unit;
(b) Visitor parking spaces shall be provided at the rate of 15 percent of required resident parking spaces;
(c) At least one bicycle or motorized scooter parking space per five parking spaces shall be provided, which shall not be located in any required yard or between the principal dwelling and the street;
(d) A development that provides an enhanced shelter with space dedicated solely for bicycle or motorized scooter parking shall be granted a reduction in the off-street parking requirement of five percent if the shelter complies with the following standards:
• The enhanced shelter shall not be located in any required yard setback;
• The enhanced shelter shall not be located between the principal building and a public street;
• The enhanced shelter shall be enclosed on at least three sides and covered to adequately protect bicycles from the elements;
• The enhanced shelter shall utilize primary exterior materials that match the primary exterior materials of the principal structure;
(e) If the development or redevelopment is determined to have mitigated the impacts of potential student use in the adjacent residential neighborhood, the development or redevelopment may adjust the parking requirements as provided in either Section 50-24.3.A or 50-24.3.B if eligible, but may not utilize both adjustments;
(f) No residential balcony, patio, or deck shall be located on any side of the property facing and within 200 feet of an R-1 district;
3. Commercial.
(a) Commercial development shall be concentrated on major roads, not on streets intended primarily for neighborhood traffic;
Section 2. That Section 50-19.8, Permitted use table, be amended as shown in Attachment 1;
Section 3. That Section 50-20.1.C, Residential Uses, Dwelling, multi-family, be amended as follows:
1. Every multi-family dwelling unit on or above the ground floor of a new multifamily structure constructed after January 1, 2021 shall have at least one exterior window that allows for the exchange of air and the admittance of daylight;
2. New construction multi-family dwellings proposing construction of fewer than 0.5 off-street parking spaces per dwelling unit shall submit an off-street parking plan for the development meeting the following conditions:
a. The plan shall be prepared by a professional expert in off-street parking;
b. The plan shall establish a rationale for the total number of off-street parking spaces provided with a basis in the total anticipated number of bedrooms in the development, percentage of residents who may own cars, and where those cars shall be parked during their tenancy;
c. If the parking plan assumes that on-street parking will be available for any of the parking needs, the plan shall include an analysis of available on-street parking including vehicle counts during the day, overnight, weekday, and weekend;
d. The plan shall establish alternate or backup parking solutions should future parking demand exceeds available supply.
Section 4. That Section 50-20.3.I, Commercial Uses, Daycare facility, small and large, and preschools, be amended as follows:
1. For all new uses after May 1, 2019, as part of the requirement to provide off-street parking in 50-24.2, the use must provide off-street parking spaces for pick-up and drop-off determined by the Land Use Supervisor to be sufficient to provide for the safe pick-up and drop-off of users of the facility based on the maximum licensed capacity of the facility, the configuration of the facility, the types and intensity of other uses adjacent to the facility, the intensity of traffic adjacent to the facility and other factors determined to be relevant to the safe pick-up and drop-off of users of the facility. The determination of the Land Use Supervisor may be appealed to the Commission. Pick-up and drop-off areas must be clearly signed as for pick-up and drop-off only, and shall not conflict with safe on-site pedestrian and vehicular movements. This specific standard does not apply to uses with the Downtown and Canal Park Special Parking Areas in 50-24.
2. In the RR-1 and RR-2 districts this use and related parking facilities and structures other than driveways are limited to no more than 20 percent of the lot or parcel area;
3. In the MU-B district, uses shall provide a fenced outdoor exercise area. Outdoor exercise areas must be separated from improved public streets, drive lanes, and loading areas by at least 20 feet;
4. In the MU-B district, the application may be denied by the Land Use Supervisor if he or she determines that the size, nature, character or intensity of the use of property in the immediate vicinity of the applicant’s property would pose an unreasonable risk to the health, safety or welfare of users of the applicant’s facility; the decision of the Land Use Supervisor may be appealed to the Commission;
Section 5. That a new section, N. Overflow Parking Area, be added to Section 50-20.3, Commercial Uses as follows:
1. Interim use permits for Overflow Parking Areas may be granted for a period not to exceed two years. If the applicant has documented an ongoing parking need, with a parking study documenting the location, use, and adequacy of existing parking in the surrounding area, the Interim use permit may be approved for up to 5 years.
2. If located in a neighborhood or district that demonstrates a need for additional off-street parking, the Overflow Parking Area shall be public parking (either free or paid), or shared with other nearby uses. Applicant shall include information about parking demand in the application for the Interim use permit, as well as a plan for how the parking will be shared and/or open to the public.
3. Overflow Parking Areas, being temporary in nature, may not be required to meet the paving requirements of Section 50-24 [insert section reference] or the landscaping requirements of Section 50-25.4, and may propose alternatives to these requirements; however, if paving is provided, all requirements of Sections 50-24 and 50-25 must be met, if applicable.
4. Applicant must work with City Engineering on a stormwater and erosion plan that adequately meets stormwater requirements for the duration of the anticipated use of the parking area, and shall provide the approved plan as part of the application; applicant is responsible for ongoing maintenance of stormwater and erosion infrastructure and is expected to provide proof of such maintenance upon request during the course of the Interim use permit.
5. Prior to establishment of the parking area, applicant shall provide financial security, in the amount necessary to reestablish the area to natural vegetation, once the overflow parking area is terminated. This security shall be held without interest until the parking area is discontinued and applicant or property owner has provided proof that the area has either been reestablished to natural vegetation or been developed with an approved use on the property.
6. The interim use permit shall terminate upon change in ownership of the property and is not transferable.
Section 6. That Section 50-20.5, Accessory Uses, be amended as follows:
C. Accessory dwelling unit.
An accessory dwelling unit may be created within, or detached from, any one-family or two-family dwelling, as a subordinate use, in those districts shown in Table 50-19.8, provided the following standards are met:
1. Only one accessory dwelling unit may be created per lot;
2. No variances shall be granted for an accessory dwelling unit;
3. Only the property owner, which shall include title holders and contract purchasers, may apply for an accessory dwelling unit;
4. One off-street parking space shall be provided in addition to off-street parking that is required for the primary dwelling;
5. Accessory dwelling units shall contain no more than 800 square feet of total floor space and shall be consistent in character and design with the primary dwelling. An accessory dwelling unit shall not exceed the total floor area square footage of the principal structure;
6. If a separate outside entrance is necessary for an accessory dwelling unit located within the primary dwelling, that entrance must be located either on the rear or side of the building;
7. An accessory dwelling unit shall not be considered a principal one-family dwelling. An accessory dwelling must be located on the same tax parcel as the principal one or two-family dwelling;
8. An accessory dwelling unit shall not exceed the height of the principal residential structure or 20 feet, whichever is greater.
Section 7. That Section 50-24.1, Parking and Loading Applicability, be amended as follows:
The standards of this Section 50-24 shall apply to all development and redevelopment, except that:
1. Development and redevelopment in any of the form districts shall only be required to provide that amount of parking that can be accommodated on the development parcel while allowing the principal building to meet all of the building form standards in Section 50-22;
2. No off-street parking shall be required for any non-residential use on a lot smaller than 10,000 square feet in any mixed use district or special purpose district;
3. No off-street parking shall be required for any building with less than 10,000 square feet of gross floor area and with a non-residential primary use in any mixed use district or special purpose district;
4. No off-street parking shall be required within the boundaries of the Downtown area shown in Exhibit 50-24.1-1;
5. No off street parking shall be required for any use except (1) hotels or motel, and (2) residential developments with more than ten units, within the boundaries of the Canal Park area shown in Exhibit 50-24.1-1;
6. Development and redevelopment that is exempt from being required to provides off-street parking but does provide parking, must follow all the provisions of this Section.
Section 8. That Exhibit 50-24.1-1, Downtown & Canal Park Special Parking Areas, be removed.
Section 9. That Section 50-24.2, Maximum parking spaces, be amended as follows:
In all districts there shall be provided, at the time any building or structure is erected, except as provided in Section 50-24.5, Calculation of parking spaces, the number of off-street parking spaces shown in Table 50-24-1, All development and redevelopment after [insert effective date] shall adhere to a maximum amount of off-street parking as stated in the table below unless an exemption from or variation of this requirement is provided in another section of this Chapter. Any use not listed is exempt from maximum parking requirements.
Off-street parking spaces that existed on November 18, 2010, and that were composed of hard-surfaced, dust-free material such as concrete, bituminous, or pervious paving materials may continue even if they exceed the maximum parking limit.
Section 10. That Table 50-24-1, Off-street parking spaces required, be amended as shown in Attachment 2.
Section 11. That Section 50-24.3, Adjustment to required off-street parking, and Section 50-24.4, Maximum parking limits, be deleted in their entirety as follows:
Section 50-24.3, Adjustment to required off-street parking.
The minimum parking requirements listed in Section 50-24.2 above shall be adjusted as follows:
A. Proximity to transit.
1. The minimum number of off-street parking spaces required for any development or redevelopment lands may be reduced by 30 percent if they are located within 1/4 mile of existing Duluth Transit Authority routes in operation for one year, or they may be reduced by 20 percent if located within 1/2 mile of any Duluth Transit Authority transit center, as indicated by a “T” on Exhibit 50-24.3-1;
2. If an existing transit route or center is eliminated or changed in location, any development approved in conformance with this Section 50-24.3 shall not be deemed nonconforming in terms of required parking.
B Sharing of parking spaces.
1. General.
Where two land uses listed in separate use categories in Table 50-19.8 share a parking lot or structure, the total off-site parking required for those uses may be reduced by the factors shown in Table 50-24-2. Total off-street parking required shall be the sum of the two parking requirements for the two uses divided by the factors in Table 50-24-2. If uses in three or more categories of Table 50-19.8 share a parking lot or structure, the land use supervisor shall determine the parking reduction based on the relative sizes of the various uses and the reduction factors listed in Table 50-24-2;
|
Table 50-24-2: Shared Parking Reduction Factors Add the two parking requirements and divide by these factors |
|
Property Use |
Multi-family Residential |
Public, Institutional, or Civic |
Food, Beverage, Indoor, Entertainment, or Lodging |
Retail |
Other Commercial |
|
Public, institutional or civic |
1.1 |
1.0 |
|
|
|
|
Food, beverage, indoor, entertainment or lodging |
1.1 |
1.2 |
1.0 |
|
|
|
Retail |
1.2 |
1.3 |
1.3 |
1.0 |
|
|
Other commercial |
1.3 |
1.5 |
1.7 |
1.2 |
1.0 |
2. Additional sharing permitted for certain uses.
As an alternative to those reduction factors listed in Table 50-24-2, (a) up to 50 percent of the parking spaces required for food, beverage and indoor entertainment uses, and up to 100 percent of parking spaces required for religious assembly uses and elementary, middle, high school, university or college auditoriums may be used jointly by (b) any non-residential use not normally open, used or operated during the same hours as those listed in (a), or any non-residential use that has excess parking capacity based on the minimum off-street parking for that use. A written agreement assuring the continued availability of the parking spaces for the uses they serve shall be required on a form approved by the city and shall be filed with the application for a building permit.
50-24.4-Maximum parking limits.
No more than 150 percent of the minimum required number off-street parking spaces, excluding the adjustments allowed in 50-24.3, shall be provided. This limit does not apply to the following uses: one-family, two-family, townhouse and live-work dwellings. Accessory parking shall be subject to parking maximums shown in Table XX.X. Off-street parking spaces that existed on November 18, 2010, and that were composed of hard-surfaced, dust-free material such as concrete, bituminous, or pervious paving materials may continue even if they exceed the maximum parking limit. (Ord. No. 10042, 8-16-2010, § 4; Ord. No. 10044, 8-16-2010, § 6; Ord. No. 10096, 7-18-2011, § 29; Ord. No. 10153, 5-14-2012, § 4.)
Section 12. That Section 50-24.5, Calculation of parking spaces, be amended as follows:
The following rules shall apply to calculation of the number of required parking spaces:
A. Floor area shall mean the gross floor area of the specific use;
B. Requirements for a fraction of a parking space shall be ignored;
C. The parking space requirement for a use not specifically listed in Table 50-24-1 shall be the same as for the most similar use listed in that table, as determined by the land use supervisor;
D. Whenever a building or use is enlarged to the extent of 25 percent or more in floor area or in the site area used, the building or use shall be required to (a) retain any on-site parking existing prior to the expansion, and if that is not sufficient to comply with the parking required for the use as expanded, then (b) to comply with the requirements in Table 50-24-1 for the expansion area;
E. Required off-street parking for one-, two-family, townhouse, multi-family, and live-work dwellings may be located in a garage or carport.
Section 13. That Section 50-24.6, Location of parking spaces, be amended as follows:
A. On site location and exceptions.
1. All required parking spaces shall be located on the same lot with the principal building or the primary use served; except as provided in subsection 2 below;
2. If an increase in the number of parking spaces is required by a change or enlargement of any use the increased parking requirement may be satisfied by utilizing:
(a) Primary use parking lots or parking structures located and maintained up to 500 feet from the lot containing the change or enlargement, or
(b) Accessory parking lots that existed on November 18, 2010, were composed of hard-surfaced, dust-free material such as concrete, bituminous, or pervious paving materials, and that are located and maintained up to 500 feet from the lot containing the change or enlargement;
3. Where required parking spaces are not provided on site, a written agreement assuring the continued availability of the parking spaces for the uses they serve shall be required on a form approved by the city and shall be filed with the application for a building permit;
4. Parking located in a public street right of way pursuant to a concurrent use permit or other public grant shall not be used to satisfy off-street parking required by Chapter 50.
B. Parking location within the site.
Parking spaces for all motorized vehicles and trailers shall only be provided on those portions of the lot indicated in Table 50-24-3.
C. Optional pedestrian walkways within parking areas.
For parking areas within mixed use and special purpose districts identified in Table 50-24.3, buildings or projects may locate up to 60 percent of off-street accessory parking within the front yard if a pedestrian walkway is provided. The pedestrian walkway shall:
• Include pedestrian-scaled lighting;
• Be raised or otherwise designed to encourage run-off and limit ponding during wet weather;
• Be visually recognizable to both pedestrians and motorists;
• Include trees and other landscaping along the length of the walkway, this landscaping can also be used to meet parking lot landscaping requirements in Section 50-25.4;
• Be at least eight feet wide; and
• Include well-marked crossings where the walkway intersects with private vehicle drives.
Section 14. That Table 50-24-4, Parking design standards, be amended as shown in Attachment 3.
Section 15. That Section 50-24.7.E, Parking design standards, Tandem or in-line parking, be amended as follows:
Tandem or in-line parking, or other similar arrangements that involve the placement of two or more parking spaces in a row directly behind one another so that one parking space is blocking access for other parking spaces, is not allowed for off street parking spaces required by Chapter 50, but is allowed to meet off-street parking required in Chapter 29A. This provision does not apply to required off street parking spaces within enclosed structures, such as garages or parking structures.
Section 16. That a new subsection, Bicycle parking, be added to Section 50-24 as follows:
50-24.7 Bicycle parking.
With the exception of single-family and two-family dwelling units, any new development, building expansions of more than 50% of the building’s square footage, or renovations that exceed 50% of the building’s value shall provide bicycle parking.
1. Short-term and employee bicycle parking (non-residential uses). Provide permanently anchored bicycle racks, which provide two points of contact with the frame at least 6-inches apart horizontally, within 50 feet of the building entrance. Racks shall accommodate parking for two bicycles plus 5 percent of motorized vehicle parking spaces on the site, and shall be located entirely on the property and not within the right of way. This requirement may be waived if the Land Use Supervisor and City Engineer determine there is no acceptable space for bicycle parking on the site.
2. Resident parking (residential uses). Secure bicycle parking shall be provided at a rate of 1 bicycle for every 5 dwelling units. Parking shall be convenient from the street and shall meet one or more of the following conditions: a) covered, lockable enclosures with permanently anchored racks for bicycles; b) lockable bicycle rooms with racks; or c) lockable bicycle lockers. This requirement may be waived if the Land Use Supervisor and City Engineer determine there is no acceptable space for bicycle parking on the site.
3. Bicycle parking requirements in support of uses in the MU-B, MU-W, I-G, I-W, or AP district may be adjusted based on the anticipated demand for bicycle parking at the site and to ensure the safety of all road users in industrial locations.
Section 17. That a new subsection, Electric vehicle charging stations, be added to Section 50-24 as follows:
50-24.8 Electric vehicle charging stations.
1. In any new parking lot that is accessory to either a multi-family or hotel or motel use, electric vehicle (EV) charging stations shall be provided as follows: parking lots with 10 or more parking spaces must have EV charging stations or be EV ready for a minimum of 10% of the parking spaces. Charging stations must include Level 2 or higher chargers; if spaces are EV ready, the wiring must support Level 2 chargers. If the property is connected to solar or other renewable energy source, only 5% of the parking spaces are required to meet the EV charging/readiness requirements.
2. If the parking capacity of an existing parking lot with 20 or more spaces, that is also accessory to either a multi-family or hotel or motel use, is increased by 30% or more, EV charging stations shall be provided as noted in 50-24.7.1 above.
3. EV ready spaces shall include a cabinet, box or enclosure connected to a conduit linking parking spaces with 208/240V or higher voltage AC electrical service suitable for the number of charging stations.
Section 18. That a new definition be added to Section 50-41.15 as follows:
“Overflow parking area.” A parking lot that provides extra parking for a site or neighborhood, intended for areas where there is a need for parking over the allowed maximum, or a need for stand-alone parking to address parking in a neighborhood or district, over and above existing primary use parking lots in the area.
Statement of Purpose
STATEMENT OF PURPOSE: This ordinance implements a UDC text amendment related to off-street parking requirements for new development and redevelopment. It eliminates most parking minimums, but includes a new use-specific standard for multi-family housing requiring a parking plan if the proposed parking is under a certain threshold. It maintains parking maximums for many uses, but also includes a new use of Overflow Parking Area, which is proposed as an Interim Use, that will allow parking over the maximum for uses that require it. Note that off-street parking requirements for vacation dwelling units remain.
These requirements apply only to new parking lots and do not affect existing lots. Existing lots will be allowed to continue with current parking amounts and configurations. It is not anticipated that a significant number of projects will advance without parking in the near term; rather, the most immediate outcomes will be to allow for reuse of existing structures where some but not adequate parking is in place.
The planning commission, during the discussion and review of this item, proposed inclusion of a reporting element for outcomes associated with reduction in parking. Note that this will be included in future annual reports to the planning commission.
The planning commission held a public hearing and considered the changes at a Tuesday, October 10, 2023 planning commission meeting, as documented in Attachment 4. The commission voted 6 years, 1 nay, and 0 abstentions, to recommend that the city council approve the proposed text change.
PL 22-220