HomeMy WebLinkAbout2009 08 10 Public Hearings 500 Ordinance #2009-02 Parking Vehicles on Sidewalks/Front YardsITEM 500
CONSENT
INFORMATIONAL
PUBLIC HEARING X
REGULAR
Au~:ust 10, 2009 ~~~VIGR ~~/DEPT
Meeting Authorization
REQUEST: The City Attorney, in cooperation with Police Department, Code
Enforcement Bureau, requests that the City Commission hold a Second Public Hearing to
Consider Ordinance Number 2009-02, amending Chapter 20 of the City of Winter
Springs Code of Ordinances, as it relates to Prohibit Parking Vehicles On Sidewalks and
in Front Yards and provide standards for parking areas on residential properties.
PURPOSE: The purpose of this agenda item is to request the City Commission hold a
Second Public Hearing on an ordinance to amend the City's Motor Vehicles regulations
which Prohibit Parking Vehicles on Sidewalks and in Front Yards and provide standards
for parking areas on residential properties.
CONSIDERATIONS: The City has experienced an increase in the average number of
vehicles per residence, most likely due to the growth of families and a corresponding
increase in the number of drivers per household.
The enforcement of the City's on-street parking prohibition has in many cases resulted in
moving parked vehicles from the roads to yards, which currently is not a violation of City
Code. The occurrence of front yard parking has become an increasingly important
concern in many City neighborhoods. If allowed to continue, parking on yards is likely to
increase and other blighting factors may soon follow. Over time, grass and ground cover
will deteriorate from repetitious driving, creating unsightly yards and increased potential
for sediment runoff. Code Enforcement has observed that vehicles parked in yards,
including the survey area are remaining there even when the driveways are empty
throughout the day, and this creates a perception of an unkempt neighborhood. Another
problem created by parking in yards is the increased potential for broken curbs and
sidewalks as vehicles drive in and out of yards.
In order to prohibit parking in the yards, the Police Department considered how to
accommodate the parking demands at multi-vehicle residences and for normal visitor
parking. On-street parking is already taking place in some City neighborhoods with
limited problems, such as blocked or obstructed roadways by delivery, yard care, or
personal vehicles. The Police Department still has to frequently contend with on-street
parking problems on streets too narrow to safely support on-street parking (at least on
both sides) or in response to resident complaints.
Current Parking on the Roadway Surface: Under the City's current parking
regulations, parking is prohibited on any roadway, except as follows (City Code
Subsection 12-65 (1) and Section 17-1):
1. "Parking of vehicles on roadways may be expressly authorized by City Code
within a particular zoning district.
2. The city commission may on a case-by-case basis establish site specific parking
zones on roadways for vehicles. Such parking zones shall be established by
resolution at a public hearing...
3. The city commission may temporary suspend by resolution, the prohibition of
parking vehicles on any roadway for emergencies, special events, or other public
purposes. The resolution shall identify the dates, times and name of the roadway
or portions thereof which parking of vehicles shall be allowed."
Parking on the Sidewalk: Parking on the sidewalk is prohibited by both state law
and the City Code. Subsection 316.003 (47), Florida Statutes, defines a "sidewalk" to
be "That portion of a street between the curbline, or the lateral line, of a roadway
and the adjacent property lines, intended for use by pedestrians." Subsection
316.003 (53) (a), Florida Statutes, defines "street or highway" as "The entire width
between the boundary lines of every way or place of whatever nature when any part
thereof is open to the use of the public for public purposes of vehicular traffic."
Subsection 316.1945 (1), Florida Statutes, states "Except when necessary to avoid
conflict with other traffic, or in compliance with law or the directions of a police
officer or official traffic control device, no person shall:
(a) Stop, stand, or park a vehicle:
1. On the roadway side of any vehicle stopped or parked at the edge or curb of a
street.
2. On a sidewalk.
Since the definition of "street" encompasses the "sidewalk," Subsection 316.2045 (1),
Florida Statutes, demonstrates the legislative prescription for pedestrian protection,
stating "It is unlawful for any person or persons willfully to obstruct the free, convenient,
and normal use of any public street...or by endangering the safe movement of vehicles or
pedestrians traveling thereon..."
State law clearly directs pedestrians to walk on the sidewalks (where available) and out of
vehicular traffic, except where it is not possible or reasonable. Subsection 316.130 (3),
Florida Statutes, states "Where sidewalks are provided, no pedestrian shall, unless
required by other circumstances, walk along and upon the portion of a roadway paved for
vehicular traffic."
Chapter 11 of the Florida Building Code incorporates Sections 553.501 through 553.513,
Florida Statutes, (the "Florida Americans With Disabilities Accessibility Implementation
Act "). This incorporates the federal Americans with Disabilities Act of 1990. The
Florida Building Code provides standards and requirements for sidewalks, curb ramps,
etc. Chapter 11 makes multiple references to a minimum accessible width of 36 inches
for constricted areas (e.g. 11-4.7.3 & 11-4.8.3). Parked vehicle overhangs are not to
reduce the clear width of an accessible pedestrian route.
The Transportation Element of the City's comprehensive plan addresses safe sidewalks
and pedestrian systems. Objective 1.5 and its associated policies (please see
Attachment "C") defend and promote safe, convenient, and efficient pedestrian ways
and sidewalks. Most pertinent to this discussion are Objective 1.5, Policy 1.5.1, Policy
1.5.3, and 1.5.11.
Section 163.3194, Florida Statutes, requires "All land development regulations
enacted or amended shall be consistent with the adopted comprehensive plan, or
element, or portion thereof..." Section 163.3177, Florida Statutes, requires the Local
Planning Agency to review proposed land development regulations, land
development codes, or amendments thereto and make recommendations to the City
Commission as to the consistency of the proposal with the adopted comprehensive
plan, or element, or portion thereof.
Rule 9J-5.023, Florida Administrative Code, sets forth Criteria for determining
consistency of land development regulations with the Comprehensive Plan -within the
responsibilities of the Local Planning Agency. It states that the LPA shall make a
determination of consistency of a land development regulation with the
comprehensive plan will be based upon whether the land development regulations
are compatible with the comprehensive plan, further the comprehensive plan, and
implement the comprehensive plan. The term "compatible" means that the land
development regulations are not in conflict with the comprehensive plan. The term
"further" means that the land development regulations take action in the direction of
realizing goals or policies of the comprehensive plan.
The City Code does not define either a "driveway" or "sidewalk." Section 9-299 of the
Code depicts a construction diagram for a driveway, but this is not to be used to define a
driveway or a sidewalk - it is a construction diagram and nothing more. Sections 12-65
and 17-1 of the City Code prohibit parking on or obstructing the sidewalk, which is
consistent with Section 316.1945, Florida Statutes. Section 9-276 of the Code defines
"off-street parking space" and Section 9-277 sets forth off-street parking requirements for
single-family and multi-family housing. Section 9-278 allows parking spaces to be gravel
or hard-surfaced.
Parking Study: The Police Department conducted a 9 month comprehensive study of on
street parking, yard parking and its effects in Oak Forest, Mt. Greenwood Units 1&2,
and North Orlando Terrace from February 18, 2008 to November 18, 2008. This study
included on street parking, removing vehicles from yards and a questionnaire survey. The
survey included questions such as preference of on street parking, yard parking and use of
garages. They also examined both the pre and post effects of parking citations, traffic
citations and traffic crashes as well in the study area. A complete analysis was done for
each of these neighborhoods.
The analysis revealed two issues related to parking in the yards that directly impact each
other. First, the City has a growing problem with increasing numbers of vehicles being
parked in front or side yards fronting the street, which is unsightly and contributes to
neighborhood blight. Currently, the City code only prohibits parking on right-of--ways
and streets (with exceptions as noted previously). By amending the City Code to include
no parking on front or side yards unless on an approved impervious parking surface, the
City would stop the deterioration of ground cover, curbs, sidewalks, and neighborhood
blight.
Second, the number ofmulti-vehicle residences in the City has increased. With the City's
current lift of prohibition for on-street parking in the studied areas, these residences
experienced very little to no problems of where to park additional vehicles to comply
with the City Code and removed vehicles from yards.
It should be noted that several Homeowners Associations within the City already have
bylaws in place prohibiting on-street parking.
Commission Directive: Staff provided three (3) alternative recommendations to the City
Commission at a special December 15, 2008 Commission meeting (1. Prohibit parking in
yards and allow on-street parking where supported, 2. Prohibit parking in yards and allow
no on-street parking beyond current regulations, and 3. Prohibit parking in yards and
continue to allow on-street parking in selected subdivisions for continued evaluation).
The Commission voted unanimously to adopt alternative number 3: prohibiting parking
in yards and continue to allow on-street parking in selected subdivisions for
continued evaluation. The commission vote further directed staff to expand the
neighborhoods that will be surveyed.
March 4, 2009 LPA/P&Z: At the March 4, 2009 LPA/P&Z, the staff provided two (2)
draft ordinances, at the City Attorney's direction. One draft allowed vehicles to park in
the driveways across public sidewalks and the other prohibited parking across sidewalks.
The LPA/P&Z voted to table to time certain, March 10, 2009, and directed staff to work
on a clear recommendation.
March 9, 2009 City Commission: At the March 9, 2009 City Commission meeting, the
staff presented draft ordinance 2009-02 with the P&Z Board's recommendation. The
commission voted to have staff go back and work on a clear recommendation addressing
no parking on front yards and sidewalks, and alternative parking sites.
LPA/P&Z Action: At the LPA/P&Z meeting on May 6, 2009, the LPA conducted a
public hearing, and voted 5-0 to recommend the modified ordinance 2009-07 to the
Commission for approval.
City Commission: At the City Commission meeting on July 27, 2009, the City
Commission conducted a public hearing, and voted 4-0 to recommend that ordinance
2009-07 move to second reading and approval.
RECOMMENDATION: The that the City Commission hold a Second Public Hearing
and approve the reading of Ordinance No. 2009-02.
ATTACHMENTS:
A. Draft Ordinance 2009-02
B. Illustration Designated Parking Areas
C. Draft LPA Minutes March 6, 2009
D. Resident's Guide
E. Public Notice of Second Reading
COMISSION ACTION:
ATTACHMENT A
ORDINANCE NO. 2009-02
AN ORDINANCE OF THE CITY CO~IVIISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, A~'IENDING THE
SUPPLEMENTAL DISTRICT REGULATIONS OF CHAPTER
20, ZONING, TO REGULATE PARKING OF VEHICLES IN
FRONT YARDS OF RESIDENTIAL LOTS; PROHIBITING
PARKING OF VEHICLES ON OR OVER SIDEWALKS
ADJACENT TO RESIDENTIAL LOTS; AMENDING THE
CITY CODE TO PROVIDE STANDARDS FOR PARKING
AREAS ON RESIDENTIAL PROPERTY; PROVIDING FOR
THE REPEAL OF PRIOR INCO:~ISISTENT ORDINANCES
AND RESOLUTIONS, INCORPORATION INTO THE CODE
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII. of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the Ciry desires to preserve the residential character and integrity ofresidential
neighborhoods within the City of Winter Springs; and
Vb'HEREAS, the City Commission is aware that there is a growing problem within [he City
of persons parking vehicles in residential areas within front yards that are intended to be open and
green space or intended to be sidewalk space for pedestrian traffic; and
WHEREAS, in many cases, the vehicles are parked on and over areas that were not intended,
designed, orconstructed for vehicular parking including on and over grass, landscape and sidewalk
areas; and
WHEREAS, parking vehicles in the manner described above detracts from the residenrial
character of the City's residential neighborhoods and in some cases endangers the well-being of
pedestrians who desire to use the sidewalk; and
WHEREAS, the City Commission hereby finds that preserving the open and green space
areas in fivnt yards is necessary to preserve the residential character, integrity, and unique aesthetic
qualities of neighborhoods within the City of Winter Springs; and
WHEREAS, in accordance with the City's inherent police powers to protect the public
health, safety, and welfare. the City Commission further finds that maintaining sidewalks free of
City of Winter Springs
(hdinance No. 2009-02
Page 1 of 6
vehicular obstruction is necessary for the well-being of pedestrian travelers; and
WHEREAS, the City Commission also finds that Florida lzas long recognized that local
governments may legislate to protect the appearance of their communities as a legitimate exercise
of their inherent police powers. See C'ltl' o/:Sunrise ti°. D.C.A. Homes, 421 So. 2d 1084 (Fla. 4''' DCA
1982); City ~/•Lcrke Wulcse v. Lamc~rActver. Ass'rz oJ'Lukeland, Flu., 414 So. 2d 1030 (Fla. 1982)
(recognizing that "[z]oning solely for aesthetic purposes is an idea whose time has come; it is not
out`,ide the scope of the police power"); City of Cbrad Gcrhles v. lt'ood, 305 So. 2d 261 (Fla. 3'~ DCA
1974) ("[a]esthetic considerations have been held to be a valid basis of zoning in Florida."}; and
V4'HEREAS, the City of Winter Springs Cornprchcnsivc Plan, Transportation Element,
Objective 1.5, and associat~i policies, provide that the City shall promote and defend safe,
convenient, and efficient pedestrian ways and sidewalks; and
WHEREAS, neighborhood aesthetics are an integral part of maintaining property values
and are relevant zoning considerations. See T~'o~~rt, 305 So. 2d 261; and
ti'F'HEREr1S, the City Commission reco~rizes that the definition of "front yard" is defined
n~ section 20-1 of the City Code and that said definition shall be used for purposes of interpreting
and enforcnig the provisions set forth in section 20-438 adopted hereunder unless otherwise
subsequently required by ordinance; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
Ordinance to be in the best interest., of the public health, safety, and welfare of the citizens of Winter
Springs.
VOW, THEREFORE, THE CITY CO~'LVIISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this
reference.
Section 2. CodeAmendment. TheCityofWinterSpringsCode,Chaptcr20, ishcreby
amended to create a new section 20-438 as follows (underlined type indicates textual additions to
the City Code):
Sec. 20-438. Parking Vehicles in Residential Front Yards and on Sidewalks Prohibited.
(a) The parking of any vehicle within the front yard of any residential lot shall be prohibited
unless said vehicle is parked on a drivcway andlor designated parking area that meet the
requirements set forth in section 20-439 of the City Code.
City oP Winter Springs
Chdinance No. 009-02
Page 2 of h
(b) The parking of any vehicle on or over anv sidewalk adjacent to any residential lot is
hcreby prohibited For purposes of this subsection the term sidewalk shall be as defined in section
316 003 Florida Statutes and shall include anv portion of a sidewalk that traverses a driveway.
(c) A violation of this section may be prosecute before the code enforcement board or shall
be classified as class I civil citation violation.
Sec. 20-439. Parking Areas on Residential Lots; Design Requirements.
(a) Perneitted Parkin;; Locations. On residential lots. vehicles shall be parked within a
Garage. carport, or on a drivcwav and/or designate parking area.
(h) Dcfi~aitioits. Forpurposes of this section the following terms shall be defined as follows:
11) "Drll%E'19(!V "shall mean a path designed for vehicles, and per-nittcd by the City, that
connects a residential unit or garage with a public or private street.
(~) "DesignuteclAitrkin~l 4reu "shall mean a separate outdoor area on a residential lot which
is designed in accordance with the requirements of this section for the parking of vehicles.
(3) "Rertcn~elnned "shall mean (i) a tear down of an existing residential unit for numos~s of
constructing a new residential unit on the same lot as the tear down; lii) the construction of
anew driveway or deli ng ated erking area on a residential lot• (iii) the construction of an
additional garage or carport• and (iv) the: expansion of an existing residential unit by more
than title (50) percent of the existing gross square footage.
Ir.) Miirunun- Drivc~wati~ Design Reauirc~n~e-ets. The minimum design standards for
driveways constructed on residential lots are as follows:
(1) The width of the drivcwav shall not exceed the width of the garage or carport, whichever
is greater. If the lot does not have a gara~=c or carport. the minimum width shall be ten (10)
fit.
(2) The; drivcwav shall not be located in the middle of the front yard unless the driveway is
designed and permitted to be circular or unless the lot configuration, natural topography.
natural feature or entrance alignment with a public or private street prevent the driveway
from being located elsewhere.
(3) The drivcwav shall be constructed with one or more of the approve construction
materials identified in subsection (e).
(4) The drivcwav meets other applicable design stvtdards set forth in the City Code
Ci[y of Winter Springx
Ordinance No.2009-02
Page 3 of 6
including but not limited to the technical specifications set forth in chapter 9.
(d) Minima»r Desib-nated Parking.9rea De.+i,~n Standards. The minimum design standards
for desi ng ated parking areas constructed on residential lots arc as follows:
(1) A maximum of one designated parking area shall be allowed per residential lot to the
extent that sufficient area exists within the front or side yard on the lot, to safely
accommodate at least one vehicle within the designated parking area.
(2) If the designated parking area is located within the front yard, the designated parking area
shall be located parallel and adjacent to one side of an existing driveway on the lot, and the
designated parking area shall not extend beyond any sidewalk located on or adjacent to the
lot. see attached Illustration 20-439
(3) If the designated parking area is located within the side yard, the designated parking area
shall be required to extend from ail existing driveway. [see attached Illustration 20-4391
(4) The designated parking area shall be construct~l with one or more of the approved
construction materials identified in subsection (c).
(5) The designates parking area shall not exceed twelve (12) feet in width.
(e) .4~roved Construction :4aterials. Driveways and desi a~ ted parkin areas on
residential lots shall be constructed of the following materials:
(1) For residential lots developed or redeveloped after 11.1VSERT EFFECTIVE DATEI.
driveways and designated parking areas shall be constructed of concrete, asphalt, decorative
pavers, brick, Eco-brick crushed rock gravel, gco-web with gravel, or turf block. Flowevcr,
mulch may be used for desi m~, ated parking areas provided an impervious border is
constructed pursuant to subparagraph (e)(3).
(2) Subject to the conditions set forth in subsection (e)(1) and (3), driveways and designated
parking areas on residential lots that arc existing on /Irti.SERT EFFECTIVE DATE/ shall
be allowed to continue to use existing construction materials, provided said materials are
concrete asphalt, decorative pavers brick, Eco-brick, crushed rock, gravel, gCO-web with
gravel turf block mulch, bark, or compacted or stabilized earth .
(3) Whenever a drivcwav or designated parking area is constructed of gravel, geo-web,
crushed rock mulch or bark in accordance with the requirements of this section, the area
shall be defined by an impervious border which is intended to reduce the migration of the
materials used to construct said area.
City of Winter Springs
(hdinancc No. 2UOy-02
Page 4 of 6
(t) {Then Site Construction Permit Required. A site construction permit shall be required
from the Building Division Community Development Department, whenever impervious materials
arc used to construct a driveway or designated parking area, or whenever a new designated parking
area is constructed on any residential lot.
Section 3. Repeal of Prior inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, orparts of prior ordinances
and resolutions in conflict herewith, arc hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance and the attached illustrations shall
be incorporated into the Winter Springs City Code and any section or paragraph, number or letter,
and any heading maybe changed orrnodificd as necessary to effectuate the foregoing. Grammatical,
typographical, and like errors may be corrected and additions, alterations, and o-nissions, not
affecting the construction or meaning of this ordinance and the City Code may be freely -nadc.
Section 5. Severability. If any station, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, proct~uraL or any other reason, such portion shall
be deemed a separate, distinct a-id indcpc-ldent provision, and such holding shall not affect the
validity of the re-naining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become ctTective
_ _____upon adoption by the City Commission of the City of
Winter Springs, Florida, and pursuant to City Charter.
(Adoption page follows
City of Winter Springs
Chdinance No. Zo!}9-02
Page 5 of G
ADOPTED by the City Co-nmission of the City of Winter Springs. Florida, in a regular meeting
assembled on the _ day of ________..___ , ?009.
JOHN F. BUSH, vlayor
ATTEST:
ANDREA LORENZO-LUACES, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
First Reading:
Second Reading:
Effective Datr.
City of W inter Springs
(hdinance No.2009-02
Page G of 6
ATTACHMENT B
ILLUSTRATION 20-439 (A) FRONT YARD STANDARD
ILLUSTRATION 20-439 (B) SIDE YARD STANDARD
----;
' ~ ~ Only 1
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f7 ~ ~ -~--; i ~ Q~
i p r,,~; i ~ ~ ; P,
i '/;": i P
p ~ A~
.A ~
~• '-- --- ---- i
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Front yard Front yard ~ Front yard
Street
Driveway ; SPA- - i Designated Parkuig Area ®Garage Area ®Sidewalk
ATTACHMENT C
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
500. Office Of The City Attorney And Police Department -Code Enforcement
Bureau And Community Development Department
Request That The Planning And Zoning Board Hold A Public Hearing Related To
Ordinance 2009-02 Which Revises Chapter 20, Division 2, Motor Vehicles Portion
Of The City Code, To Prohibit Parking Vehicles On Sidewalks And In Front Yards
And Provide Standards For Parking Areas On Residential Properties.
Board Member Robert Heatwole arrived at ~: 04 p.m.
Captain Glenn Tolleson, Code Enforcement Bureau, Police Department presented this
Agenda Item.
An illustration with Attachment "A" was displayed to the Board Members.
Captain Tolleson stated, "Staff recommends Approval of [ordinance] 2009-02 as
written."
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
PLANNING AND 7.ONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING -- MAY 6,20(19
PAGE30F8
Discussion.
Chairman Lacey opened the "Public Input "portion of this Agenda Item. i0
Ms. Heidi Goff: 692 Barrington Circle, Winter Springs, Florida: addressed the Board 0
Members on clarification of the Ordinance and noted she was in favor of this Agenda .~
Item. Q~
Chairman Lacey closed the "Public Input"portion of this Agenda Item.
r--
'•1 WOULD LIKE TO RECOMMEND APPROVAL OF THE ADOPTION OF ~~
ORDINANCE 2009-02 AS PRESENTED BY CAPTAIN TOLLESON." MOTION
BY VICE CHAIRMAN POE. SECONDED BY BOARD MEMBER REVICZKY.
DISCUSSION.
VOTE:
CHAIRMAN LACEY: AYE
BOARD MEMBER HEATWOLE: AYE
VICE CHAIRMAN POE: AYE
BOARD MEMBER KARR: AYE
BOARD MEMBER REVICZKY: AYE
MOTION CARRIED.
ATTACHMENT D
Resident Guide Driveway and Parking
Regulations
City Parking Regulations
The following parking regulations are in
effect for the City of Winter Springs.
No Person shall park a vehicle......
• On any roadway or street including the right-of-
way, improved or unimproved;
• Front yard;
• On a sidewalk;
• Within an intersection;
• On a crosswalk;
• Within 15 feet of a fire hydrant;
• In any area where "No Parking" signs are dis-
played;
• With 3 feet of City utility meter;
• For the purpose of displaying the vehicle for sale;
• In a manner that obstructs traffic leaving less than a
minimum of 12' of clearance on roadway;
Parking Considerations exemptions;
• If you need parking on the street for out of town
guest, special function, drive way repairs, etc. for
additional information please contact
Winter Springs Police Department
Phone 407-327-1000.
• A parking consideration only exempts vehicles
parked on the street temporarily; all other parking
regulations remain in effect. Home Owners Asso-
ciations that have parking restrictions against on
street parking are still in effect and enforced by the
HOA.
• IMPORTANT NOTE: Parking considerations
are not for home owners with more vehicles than
their driveway or parking area can accommodate.
Allowable On-Street Parking
The City Commission approved the implementation of
on street parking in residential areas after meeting cer-
tain requirements. Currently 3 subdivisions have met
the requirements and they are;
• Oak Forest
• Mt. Greenwood units I and 5
• North Orlando Terrace.
On street parking may be extended on a street by
street basis when City Commission by resolution finds
a public purpose or a request is received from a home
owner or Home Owner Association to change parking
regulations.
Implementation of on-street parking consid-
erations?
• HOA requirements;
• 24 feet or more of paved surface with sidewalk
with curb and gutter;
• Supported by 51 % of home owners affected;
• Arterial and Collector roads do not support on-
street parking.
• The impact on residents that could have unknown
vehicles parked in front of their home.
Process to Apply for On-Street Parking
Processing request for on-street parking can take up to
6 months. The following process must be followed.
• Written request to the Code Enforcement Bureau
indicating your reasons for on-street parking in-
cluding apetition of 51 % in favor of if in a HOA.
• The Code Enforcement Bureau will schedule a
site inspection to determine if your street will
support on-street parking.
• If supported for parking a written report will be
presented to the City Commission for approval.
CITY OF WINTER SPRINGS
POLICE DEPARTMENT
300 North Moss Road
lYlinter Springs, Florida 32708
ivzvu! u~interspring~org
Resident's Guide to
Driveway and Parking
Regulations for
Residential Properties
For additional information please
contact the Code Enforcement Bureau.
Tel: 407-327- 1000
Resident's Guide to Driveway and Parking Regulations for Residential Properties
Sec. 20-439. Parking Areas on Resi-
dential Lots; Design Requirements.
Parking of vehicles within residentially zoned
districts shall be parked in a garage or carport or
on a prepared parking surface.
Prepared parking areas. A prepared parking
area consist of a driveway or a driveway and a
designated parking area.
Driveway. The driveway is the main access for
vehicles from the public right-of--way or street to
a residential unit.
Designated parking Area (DPA). The desig-
nated parking area is a parking area created in
addition to the driveway.
Circular driveway. A circular drive way is an
access designed as asemi-circle with two aprons
onto the right-of--way. A landscaped or grassed
area shall be provided between the circular
driveway and right-of--way. Circular driveways
are only approved on residential lots with more
than 65 feet of frontage.
General Requirements for prepared parking
areas.
Driveway. The width of the driveway shall not
exceed the width of the carport or garage. Resi-
dential sites without a garage or carport shall
provide a minimum of 10 feet in width driveway
located to only one side of the property. The
driveway shall not be located in the middle of
the front yard unless the topography, entrance
alignment or other natural feature prevent the
location elsewhere.
Materials for a prepared parking area. New and
redeveloped residential sites must use approved con-
struction materials that include concreteyasphalt,
decorative pavers, brick, Eco-brick, crushed rock,
gravel, geo-web with gravel, or turf block. Mulch
may be used only for the Designated parking area
and must include a border to maintain placement of
material on the DPA.
Existing properties. Approved parking area materi-
als may be impervious or pervious (concrete, asphalt,
decorative pavers, brick, Eco-brick, crushed rock,
gravel, geo-web with gravel, or turf block) or pervi-
ous (mulch, bark, and/or compacted or stabilized
earth.
Vehicles parked on the prepared parking area shall
not block or cover the sidewalk adjacent to any resi-
dential lot, any utility service connections, right-of-
ways or encroach into the street.
Required border. When the driveway or designated
parking area is constructed of gravel, geo-web,
crushed rock, mulch or bark, that area shall be de-
fined by an impervious border to reduce migration of
those materials.
Location of the prepared parking area. For the
purpose of this requirement, a front yard and side
yard is defined as the area forward of the front fa-
cades extending to the street property line and be-
tween the side properties.
Single family .Parking of any vehicle within the
front yard of any residential lot shall be prohibited
unless said vehicle is parked on a prepared parking
area which includes driveway and designated parking
areas. The prepared parking area shall be located in
the front yard or side yard and to one side of the
yard, adjacent to the garage or carport and shall not
exceed 12 feet in width. Properties without a garage
or carport shall locate the prepared parking area to
only one side of the property. Properties with a
side entry garage shall choose only one DPA as
shown in Illustration B.
ILLUSTRATION 20.439 ~A) FRONT YARD STANDARD
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IILUSTRATION 20.439 ~BJ SIDE YARD STANDARD
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Permit Required. A site construction permit
shall be obtained through the Building Divi-
sion, Community Development Department
when impervious materials or designated park-
ing area additions are constructed on any resi-
dential lot.
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ORDINANCE NO. 2009 -02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE
SUPPLEMENTAL DISTRICT REGULATIONS OF CHAPTER
20, ZONING, TO REGULATE PARKING OF VEHICLES IN
FRONT YARDS OF RESIDENTIAL LOTS; PROHIBITING
PARKING OF VEHICLES ON OR OVER SIDEWALKS
ADJACENT TO RESIDENTIAL LOTS; AMENDING THE
CITY CODE TO PROVIDE STANDARDS FOR PARKING
AREAS ON RESIDENTIAL PROPERTY; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City desires to preserve the residential character and integrity of residential
neighborhoods within the City of Winter Springs; and
WHEREAS, the City Commission is aware that there is a growing problem within the City
of persons parking vehicles in residential areas within front yards that are intended to be open and
green space or intended to be sidewalk space for pedestrian traffic; and
WHEREAS, in many cases, the vehicles are parked on and over areas that were not intended,
designed, or constructed for vehicular parking including on and over grass, landscape and sidewalk
areas; and
WHEREAS, parking vehicles in the manner described above detracts from the residential
character of the City's residential neighborhoods and in some cases endangers the well -being of
pedestrians who desire to use the sidewalk; and
WHEREAS, the City Commission hereby finds that preserving the open and green space
areas in front yards is necessary to preserve the residential character, integrity, and unique aesthetic
qualities of neighborhoods within the City of Winter Springs; and
WHEREAS, in accordance with the City's inherent police powers to protect the public
health, safety, and welfare, the City Commission further finds that maintaining sidewalks free of
City of Winter Springs
Ordinance No. 2009 -02
Page 1 of 6
vehicular obstruction is necessary for the well -being of pedestrian travelers; and
WHEREAS, the City Commission also finds that Florida has long recognized that local
governments may legislate to protect the appearance of their communities as a legitimate exercise
of their inherent police powers. See City of Sunrise v. D. C.A. Homes, 421 So. 2d 1084 (Fla. 4` DCA
1982); City of Lake Wales v. Lamar Adver. Ass 'n of Lakeland, Fla 414 So. 2d 1030 (Fla. 1982)
(recognizing that z]oning solely for aesthetic purposes is an idea whose time has come; it is not
outside the scope of the police power City of Coral Gables v. Wood, 305 So. 2d 261 (Fla. 3r DCA
1974) "[a]esthetic considerations have been held to be a valid basis of zoning in Florida. and
WHEREAS, the City of Winter Springs Comprehensive Plan, Transportation Element,
Objective 1.5, and associated policies, provide that the City shall promote and defend safe,
convenient, and efficient pedestrian ways and sidewalks; and
WHEREAS, neighborhood aesthetics are an integral part of maintaining property values
and are relevant zoning considerations. See Wood, 305 So. 2d 261; and
WHEREAS, the City Commission recognizes that the definition of "front yard" is defined
in section 20 -1 of the City Code and that said definition shall be used for purposes of interpreting
and enforcing the provisions set forth in section 20 -438 adopted hereunder unless otherwise
subsequently required by ordinance; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this
reference.
Section 2. Code Amendment. The City of Winter Springs Code, Chapter 20, is hereby
amended to create a new section 20 -438 as follows (underlined type indicates textual additions to
the City Code):
Sec. 20 -438. Parking Vehicles in Residential Front Yards and on Sidewalks Prohibited.
(a) The parking of any vehicle within the front yard of any residential lot shall be prohibited
unless said vehicle is parked on a driveway and/or designated parking area that meet the
requirements set forth in section 20 -439 of the City Code.
City of Winter Springs
Ordinance No. 2009 -02
Page 2 of 6
(b) The parking of any vehicle on or over any sidewalk adjacent to any residential lot is
hereby prohibited. For purposes of this subsection, the term sidewalk shall be as defined in section
316.003, Florida Statutes, and shall include any portion of a sidewalk that traverses a driveway.
(c) A violation of this section may be prosecuted before the code enforcement board or shall
be classified as class I civil citation violation.
Sec. 20 -439. Parking Areas on Residential Lots; Design Requirements.
(a) Permitted Parking Locations. On residential lots, vehicles shall be parked within a
garage, carport, or on a driveway and/or designated parking area.
f b) Definitions. Forpurposes of this section, the following terms shall be defined as follows:
(1) "Driveway" shall mean a path designed for vehicles, and permitted by the City, that
connects a residential unit or garage with a public or private street.
(2) "Designated Parking Area" shall mean a separate outdoor area on a residential lot which
is designed in accordance with the requirements of this section for the parking of vehicles.
f3) "Redeveloped" shall mean (i) a tear down of an existing residential unit for purposes of
constructing a new residential unit on the same lot as the tear down: (ii) the construction of
a new driveway or designated parking area on a residential lot: (iii) the construction of an
additional garage or carport: and (iv) the expansion of an existing residential unit by more
than fifty (50) percent of the existing gross square footage.
f c) Minimum Driveway Design Requirements The minimum design standards for
driveways constructed on residential lots are as follows:
(1) The width of the driveway shall not exceed the width of the garage or carport, whichever
is greater. If the lot does not have a garage or carport, the minimum width shall be ten (10)
feet.
(2) The driveway shall not be located in the middle of the front yard unless the driveway is
designed and permitted to be circular or unless the lot configuration, natural topography,
natural feaaure, or entrance alignment with a public or private street prevent the driveway
from being located elsewhere.
(3) The driveway shall be constructed with one or more of the approved construction
materials identified in subsection (e).
(4) The driveway meets other applicable design standards set forth in the City Code
City of Winter Springs
Ordinance No. 2009 -02
Page 3 of 6
including, but not limited to, the technical specifications set forth in chapter 9.
(d) Minimum Designated Parking Area Design Standards. The minimum design standards
for designated parking areas constructed on residential lots are as follows:
1) A maximum of one designated parking area shall be allowed per residential lot to the
extent that sufficient area exists, within the front or side yard on the lot, to safely
accommodate at least one vehicle within the designated parking area.
(2) If the designated parking area is located within the front yard, the designated parking area
shall be located parallel and adjacent to one side of an existing driveway on the lot, and the
designated parking area shall not extend beyond any sidewalk located on or adjacent to the
lot. [see attached Illustration 20 -4391
(3) If the designated parking area is located within the side yard, the designated parking area
shall be required to extend from an existing driveway. [see attached Illustration 20 -4391
(4) The designated parking area shall be constructed with one or more of the approved
construction materials identified in subsection (e).
(5) The designated parking area shall not exceed twelve (12) feet in width.
(e) Approved Construction Materials. Driveways and designated parking areas on
residential lots shall be constructed of the following materials:
(1) For residential lots developed or redeveloped after August 11, 2009, driveways and
designated parking areas shall be constructed of concrete, asphalt, decorative pavers, brick,
Eco -brick, crushed rock, gravel, geo -web with gravel, or turf block. However, mulch may
be used for designated parking areas provided an impervious border is constructed pursuant
to subparagraph (e)(3).
(2) Subject to the conditions set forth in subsection (e)(1) and (3), driveways and designated
parking areas on residential lots that are existing on August 11, 2009 shall be allowed to
continue to use existing construction materials, provided said materials are concrete, asphalt,
decorative pavers, brick, Eco -brick, crushed rock, gravel, geo -web with gravel, turf block,
mulch, bark, or compacted or stabilized earth
(3) Whenever a driveway or designated parking area is constructed of gravel, geo -web,
crushed rock, mulch or bark in accordance with the requirements of this section, the area
shall be defined by an impervious border which is intended to reduce the migration of the
materials used to construct said area.
City of Winter Springs
Ordinance No. 2009 -02
Page 4 of 6
if) When Site Construction Permit Required. A site construction permit shall be required
from the Building Division, Community Development Department, whenever impervious materials
are used to construct a driveway or designated parking area, or whenever a new designated parking
area is constructed on any residential lot.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts ofprior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code.This Ordinance and the attached illustrations shall
be incorporated into the Winter Springs City Code and any section or paragraph, number or letter,
and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical,
typographical, and like errors may be corrected and additions, alterations, and omissions, not
affecting the construction or meaning of this ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City
Charter.
[Adoption page follows]
City of Winter Springs
Ordinance No. 2009 -02
Page 5 of 6
ADOPTED by the City Commission of the City of Winter Springs, Florida, it, a regular meeting
assembled on the 10th day of August, 2009.
J N F. BUSH,
ATTE' T:
A L RENZO LUACES, City Clerk
Approved s to legal form and sufficiency for
the City f inter Springs only:
ANTHONY A. GARGANESE, City Attorney
First Reading: July 27, 2009
Second Reading: August 10, 2009
Effective Date: August 10, 2009
City of Winter Springs
Ordinance No. 2009 -02
Page 6 of 6
ILLUSTRATION 20 -439 (A) FRONT YARD STANDARD
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ILLUSTRATION 20 -439 (B) SIDE YARD STANDARD
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Driveway Designated Parking Area A Garage Area ■iii; Sidewalk