UTW Column Archive: April 2009 Archives

An edited version of this column was published in the April 29, 2009, edition of Urban Tulsa Weekly. The published version is no longer available online. Posted July 15, 2021. See the end of this entry for a postscript.

Cityscope
By Michael D. Bates

Parking wars
Will success spoil Tulsa's midtown entertainment districts?

In the '80s and '90s, entrepreneurs discovered the old retail buildings along 15th between Peoria and Utica. They converted the old storefronts into specialty boutiques, cafes, and nightspots. Since then, Cherry Street has become increasingly popular, a place that Tulsans like to show off to out-of-town guests.

That success has brought its share of challenges. One of those challenges: Where do you park if you want to visit more than one establishment?

I've seen the problem firsthand. About once a month, when my wife is at a moms' night out and my oldest son is at his violin lesson downtown, I take my two youngest children over to Cherry Street. They like Subway sandwiches for dinner, and while their palates aren't yet sophisticated enough to appreciate a "Hippie Sandwich" or a Greek salad at Coffee House on Cherry Street (known as CHoCS for short), they love the baked goods there, like the cream-cheese brownies and chocolate chip cookies.

CHoCS is right across the street from Subway, so you'd think it would simple to hit both in one trip. You'd be wrong.

I can't leave the car in the Subway parking lot after we finish our sandwiches and head across the street to CHoCS for dessert, because they have signs saying parking is for customers only, with a 15 minute limit and a $75 towing charge for violators. It's their property, and while I'd be upset if Subway had my car towed right after I bought a meal there, they'd be within their rights.

Neither do I want to take up one of the limited spaces at CHoCS while I'm at Subway. While CHoCS doesn't have any signs posted threatening a tow, their neighbors do. It's a popular place, and when the lot is full, some CHoCS customers have inadvertently parked in a space belonging to a neighboring business, only to find a warning note taped to the car, singling out CHoCS as the source of all the world's troubles. So as not to make a tight parking situation even tighter, I wouldn't think of parking in CHoCS's lot while visiting another Cherry Street merchant.

And I absolutely refuse to do something as stupid and wasteful as parking in one store's lot, getting back in the car, driving 100 feet, and parking in another store's lot. So instead of using either lot, I park in a public spot on a nearby side street, and my children and I walk to both destinations.

CHoCS' relatively easygoing attitude about parking is a rarity on Cherry Street, where signs threatening tow trucks and wheel boots are the rule. The every-merchant-for-himself arrangement discourages patrons from leaving their car parked in one place, strolling the street, window-shopping, and visiting several different retailers on the same trip.

Instead, a customer is more likely to park at the establishment he came to patronize, do his business, then get back in his car. Once he's back in his car, it's as easy (maybe easier) to head to someplace in Brookside or Utica Square as to go to another Cherry Street merchant.

The zeal to protect one's own parking is understandable, given the city zoning code requirement for each merchant to provide, individually, sufficient off-street parking for the worst-case scenario. By worst-case, I'm talking about the Best Buy lot on Christmas Eve.

To meet Tulsa's parking requirements, some merchants have had to purchase and clear entire house lots; they then need approval from the Board of Adjustment to use a detached parking lot. One restaurant has gone so far as to install automatic gates to protect its investment; you need the validation code from your dinner receipt to get out.

Under our current zoning code, approved in 1970, parking requirements are based on business type. Converting a storefront from a clothing store to a café triples the parking requirement. The requirements assume that everyone will be arriving by car and will be visiting only that one establishment before leaving by car.

But Cherry Street was developed before World War II, long before our current zoning code was put in place, to serve as a shopping area for residents within walking distance. Merchants weren't required to provide off-street parking, and for the most part they didn't. Customers could and did walk to do their shopping. Many stores would deliver.

When shopping districts like Cherry Street changed from serving nearby residents to serving customers from all over the city, parking became an issue. Years ago, cars would be lined up on Brookside's residential streets for blocks either side of Peoria. Residents had to deal with late-night traffic, cranked car stereos, and sometimes worse - drunken yelling, fights, and the public exercise of excretory functions.

The houses nearest Peoria were cleared and replaced with parking lots in order to meet the zoning requirements for restaurants and nightclubs. The new lots helped to keep the cars and the corresponding problems out of the residential areas. On a recent Saturday night research visit, I found there were almost no cars parked on the side streets, which were pretty quiet once I was a half-block or so away from Peoria.

Adding more parking lots as Brookside did would be harder to do for Cherry Street. Land north of 15th is at a premium; most of the land south of 15th is within a historic preservation district.

Even if the land were available, converting tree-lined lots to asphalt parking reduces available housing (and housing nearest the commercial area is often the most affordable), reduces shade, and creates an ugly, pedestrian-friendly moat of asphalt cutting the valuable link between the commercial and residential areas.

You might think that in an area like Cherry Street, with a variety of merchants whose actual parking demand ebbs and flows over the course of a day, that the merchants could pool their parking and reduce the total number of spaces required to make all the customers happy.

The zoning code doesn't make that possible, unless you have at least 100,000 sq. ft. in a single Planned Unit Development, and even then you only get to cut the parking requirement by 10% if the Board of Adjustment gives its permission.

Perhaps because of the extra parking lots, it appears that Brookside merchants are much more easy-going about parking than their Cherry Street counterparts. Most of the lots I mentioned above are available for anyone to use at any time - no signs to indicate who owns the lot or any restrictions on who can park there, no threats that Mater will come to haul your Lightning McQueen off to the impound lot.

For example, one church in the bustling heart of Brookside has a large parking lot, but restaurant and bar customers were parking there, and I didn't notice any signs forbidding it.

Brookside's open-handed approach to parking means that you can have dinner at a restaurant on one block, have drinks on another block, go dancing on yet another block, and cap the night off with coffee on yet a fourth block, all the while leaving your car parked in one spot.

I'm not sure how Brookside has managed this level of cooperation, but the district seems to accommodate the crowds without loading down neighborhood streets and without causing heartburn between merchants.

If Cherry Street merchants would pull together, they could work out a solution that would meet the needs of merchants, customers, and neighbors alike.

The solution I have in mind would respect the property rights of existing parking lot owners and would avoid eroding the neighborhood with more parking lots. My solution would require a minimal amount of government involvement and a willingness on the part of the merchants each to pony up a small amount of money - less than it would cost them individually to acquire more land for parking.

The solution is to create a business improvement district. Collecting the funds to provide shared facilities for a group of adjacent properties is exactly the sort of situation that an improvement district is meant to address.

The improvement district would cover property owners along Cherry Street, each of whom would pay an assessment proportionate to the degree of benefit from the district's improvements. The formula could be based on frontage, square footage, the number of parking spaces required by the zoning code, or some combination of those factors.

Assessment funds would be used to pay the owners of existing parking lots to open their parking spaces for the general use of customers of any merchant on Cherry Street. Lease payments could be based on the number of spaces and how many hours the spaces are available for general parking.

One lot owner might choose to make more money by allowing wide-open parking at any time. Another owner might choose to forgo some lease revenue, reserving her spaces during her peak business hours. Some lot owners would choose not to participate at all and would miss out on using their empty parking lot to generate some extra money. The more spaces you make available, the more hours you allow open parking in your lot, the more lease money you'd receive from the improvement district.

As a purely hypothetical example, a school might allow open parking except when the space is needed during the school day or for special events. The school could use parking revenues to fund special school projects.

Assessment revenue could also be used to pay for a few security guards to walk a beat on busy evenings, deterring vandalism and other kinds of misbehavior in the parking lots.

As a further incentive, the City Council could cut the required number of parking spaces for properties in improvement districts that provide shared parking.

Of course, the simplest and least bureaucratic solution for all concerned would be for the city to reduce off-street parking requirements to a reasonable level and for property owners to be more easy-going and open-handed about who parks where.

Failing that, a business improvement district may be the best way to defuse tensions among Cherry Street merchants and to allow customers to get full enjoyment out of one of Tulsa's finest shopping and dining districts.

POSTSCRIPT 2021/07/13: The problem persists. New construction on Cherry Street has taken more homes to the north to meet the parking requirements; meanwhile Brookside parking lot owners have become stricter about not allowing after-hours use of their lots. (The office building north of Shades of Brown Coffee recently deployed orange cones blocking the south entrance to the parking lot, and some years ago the office park to the west installed an automatic gate to prevent after-hours parking.)

Del Mastro asks, "What if these parking lots were treated as public and open?" You can read more of his work on his Substack newsletter, The Deleted Scenes, in the archive of his New Urbs columns for The American Conservative, and in City Journal, where his first piece has recently appeared, advocating for small towns as a model for denser but humane growth.

An edited version of this column appeared in the April 1, 2009, issue of Urban Tulsa Weekly. The published version is no longer available online. Posted online June 15, 2016.

Election Day 2009 is a mere seven months away, and a credible opponent to Mayor Kathy Taylor's bid for re-election has yet to emerge.

It is usual to set out one's reasons for seeking office in some form. In the U. S. we call such a document a platform; in the U.K. it's known as an election manifesto.
In that spirit, here then, on the 1st day of April, 2009, is my mayoral manifesto.

Transparency and accountability

We begin by acknowledging the financial constraints our city is under. The ideas listed below represent my priorities for spending the funds that we have. We will not propose or promote any measure that would increase the tax burden on the citizens of Tulsa, particularly in this time of financial uncertainty.

We will make the best use of the money that has already been entrusted to city government to provide basic services - police and fire protection, streets, water, sewer, trash, and stormwater. We will find the funds to conduct a thorough performance and financial audit of city government. We will insist on implementation of the recommendations and replace any department head that drags his feet.

We must increase the size and budget of our underfunded City Auditor's department. A properly-funded fiscal watchdog should be able to find more than enough savings to offset the additional cost.

To encourage transparency and accountability, a Bates administration will make as much city government information available on the internet as the law allows. A TGOV website will offer access to both live and archived video of public meetings.

A geographical information system (GIS) will make it easy for city workers and citizens alike to find information on zoning, crime, and construction in an area of interest. Accessible information will make it easier for citizens and media (both old and new) to keep an eye on city government and to uncover waste, fraud, and abuse.

Partnerships for progress

I pledge to build a collaborative relationship with the City Council, to respect their standing as the elected representatives of the citizens of Tulsa, and to treat them as partners, not adversaries.

If a councilor wants my ear, he won't have to go through three layers of underlings to get to me. If I'm attending a meeting or planning a project in a councilor's district, the councilor will hear about it ahead of time from me. Instead of sending out a flak-catcher, you'll see me at council committee meetings and delivering the weekly mayor's report. I won't agree to expensive legal settlements without the knowledge and consent of the Council.

Surveys have revealed a disconnect between City Hall and the citizens, particularly citizens in our less affluent neighborhoods in north, west, and east Tulsa. We need a sound civic infrastructure to keep citizens informed and to help citizens make their voices heard by city leaders.

One possibility is the district council plan used in St. Paul, Minn. My administration will survey best practices across the country and will work with the Council and neighborhood leaders to identify the model best suited to Tulsa's circumstances.

Membership of the city's authorities, boards, and commissions has been dominated by Tulsa's most affluent neighborhoods in midtown and south Tulsa. I will broaden the pool of mayoral appointees, starting by reaching out to the thousands of PLANiTULSA workshop participants.

I will collaborate with my suburban counterparts whenever appropriate, but I will never lose sight of the fact that I was hired to serve the citizens of Tulsa.

Planning and zoning

The PLANiTULSA process has been a great success to date, with thousands of Tulsans participating in citywide and small-area planning workshops. We should see the adoption of a new comprehensive plan prior to the city general election.

But the plan's adoption is only the beginning. Full implementation will almost certainly require modifications to Tulsa's zoning code. It will also require the political will to stick to the plan as individual zoning and planning decisions are made.

Tulsa's land-use planning system should be characterized by transparency, inclusiveness, consistency, clarity, and adaptability. Our land-use laws should allow as much freedom as possible while protecting against genuine threats to safety, quality of life, and property values.

We must get away from a one-size-fits-all zoning code. Development suitable for 71st and Memorial may not be right for 15th and Utica. Tulsa should establish special districts - some cities call them conservation districts - where rules can be customized to the neighborhood's circumstances. Form-based rules should be available for neighborhoods that want them.

Tulsa should do what every other city in the metro area has already done and establish our own city planning commission, one with a balanced membership that is geographically representative and not dominated by the development industry. All Tulsans have a stake in how our city grows, not just those who stand to make a buck on new construction.

We'll bring land-planning services in house as well, ending our contract with INCOG. (We will continue to collaborate with INCOG on regional transportation planning.)

Economic development

The city's approach to economic development would change in a Bates administration. Some of Tulsa's biggest employers and biggest draws for new dollars started small and grew.

Instead of spending all our economic development funds luring large companies to relocate to Tulsa, we should emphasize removing any barriers to small business formation and expansion.

One of those barriers is the cost of a place to do business. We'll revisit rules that hinder operating a business out of your own home. While many neighborhoods will prefer to remain purely residential, others would welcome the live-work option, with a broader range of permitted home occupations. Here again, Tulsa can customize rules to fit the diversity of our neighborhoods.

We cannot afford to leave behind those Tulsans who are at the bottom of the economic ladder. We will partner with non-profits to help Tulsans develop basic financial life skills - the habits that enable someone to find and keep a job, spend his earnings wisely, and build assets over time.

Tulsa should become known as a city of educational choice from pre-K to college for families of all income levels, not just the well-to-do. I will work with the Oklahoma legislature to expand access to charter and private schools for Tulsans. My administration will seek a cooperative relationship with private schools, homeschooling families and support organizations, and all seven public school districts that overlap our city boundaries.

Under my administration, the city will hold a full and open competition to choose a contractor to promote our convention and tourism industry. The Tulsa Metro Chamber will be welcome to compete, but no longer will it enjoy sole-source status. Tulsa is home to many innovative marketing firms that could do a better job of communicating Tulsa's unique appeal.

The city center

There's been a great deal of focus and hundreds of millions of dollars in public investment in downtown over the last decade. The aim of that investment was to bring downtown back to life, not to turn more buildings into surface parking lots. I will push for adoption of the Tulsa Preservation Commission's "CORE Proposals," including an inventory of downtown buildings, a demolition review process, and standards for new development that reinforce downtown's walkable, urban character.

But Tulsa's urban core doesn't stop at the Inner Dispersal Loop. Downtown's long-term prosperity and revitalization depends on the vitality of the nearby neighborhoods.

Tulsa offers many choices for those who prefer a suburban lifestyle, but we also need to provide a viable urban living option for individuals, couples, and families who want to live close to work, shopping, school, church, healthcare, and entertainment.

There should be at least one part of our city where you can go everywhere you need to go without needing a car. Central Tulsa was built with the pedestrian in mind. New development should reinforce its walkable character.

The city's role would be to protect stable and historic single-family neighborhoods, improve regulations and raise awareness of tax incentives to encourage adaptive reuse of historic buildings, and encourage higher-density, urban infill development in neighborhoods that desire it.

Getting around town

In the future, it may make financial sense to build a light rail system. Right now, we can make better use of the transit system we already have by focusing on frequent, dependable bus service from early morning to late night within this pedestrian-friendly central zone.

Where it's impractical to provide frequent bus service, entrepreneurs should be allowed to fill in the gaps. It ought to be possible in Tulsa for someone with time and a vehicle to make money helping their neighbors get around town. We'll study what other cities have done to encourage privately-owned, publicly-accessible transportation like jitneys, taxis, and shuttles.

Preparing for the future

A Bates administration will not only focus on the near term but will plan for the future as well. Disaster preparedness is a part of that job. One area that deserves attention is the security of Tulsa's food supply. A food crisis could be triggered by financial collapse, soaring energy prices, or a terrorist attack on America's food supply system.
City Hall should study ways to help connect local farmers and growers with local consumers so that our region can attain a degree of self-sufficiency and insulation from an external crisis. We'll make sure that city regulations don't get in the way of community gardens and farmers' markets.

If elected, I will govern with the expectation that I will only serve a single term. I will reckon myself a political dead man, having stepped on so many toes that millions will be raised to prevent my re-election as mayor or my election to any other office.

Finally, my fellow Tulsans, as you find yourself elated or, more likely, outraged at the thought of a Michael Bates mayoral run, remember the old Roman motto: Caveat lector kalendas Apriles.