Loading...
HomeMy WebLinkAbout2013 04 15 Other:Packet of documents for Commissioner Krebs ■ Date: April 15, 2013 This package of documents was provided to Commissioner Joanne M. Krebs at her request for the April 15, 2013 City Commission Workshop. ik ORDINANCE NO. 294 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, REPEALING CHAPTER 11 OF THE CODE OF ORDINANCES ENTITLED "MOTOR VEHICLES AND TRAFFIC"; PROVIDING FOR THE ADOPTION OF A NEW CHAPTER 11; ADOPTING STATE STATUTES; ASSIGNING TO THE POLICE DEPARTMENT' CERTAIN DUTIES AND POWERS TO REGULATE MOTOR VEHICLES AND TRAFFIC; ESTABLISHING REGULA- TIONS GOVERNING OPERATION OF VEHICLES, TRAFFIC, AND PARKING; SPECIFYING RESPONSIBILITY FOR VEHICLES; EMPOWERING THE POLICE DEPARTMENT TO ISSUE CITATIONS AND COLLECT FINES FOR VIOLATIONS OF REGULATIONS HEREIN ESTABLISHED; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. WHEREAS CHAPTER 11 of the Winter Springs Code of Ordinances, "Motor Vehicles and Traffic," has become outdated; and WHEREAS, the City Commission of Winter Springs, Florida, has determined it to be in the best interests of the City to adopt a current and more effective Chapter 11. NOW, THEREFORE, THE CITY COMMISSION OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS: SECTION I - That the existing Chapter 11 of the Winter Springs Code of Ordinances is hereby repealed. SECTION II - That a new Chapter 11 of the Winter Springs Code of Ordinances is hereby created to read as follows: 1 1 • y • CHAPTER 11. Motor Vehicles and Traffic Section 11.1. Adoption of State Law. Chapters 316, 318, 320, and 322 of the Florida Statutes are hereby adopted as the Traffic Code of the City of Winter Springs, Florida. 1 The matters and contents therein are made a part of this chapter by reference in haec verba, as fully and completely as if set forth herein. Copies of said laws shall remain on file in the office of the City Clerk and shall be avail- able for public inspection. 1 Section 11.2. Duties of the Police Department in General to Regulate Motor Vehicles and Traffic. It shall be the duty of the Chief of Police, with such aid as may be rendered by other members of the Police Department, to enforce the provisions of this chapter and the State vehicle laws applicable to traffic in the City, to make arrests for traffic violations, to assist in the prosecution of per- sons charged with such violations, to investigate accidents, to cooperate 4 with other officials of the City in the administration of the traffic ordinance and in developing ways and means to improve traffic conditions, and to carry 4 4 out those duties specially imposed by this chapter. Section 11.3. Definitions. The following words and phrases shall, for the purposes of this chapter, have the meanings respectively ascribed to them in this section. Abandoned vehicle. Any vehicle, regardless of size, which is left unattended for a period exceeding forty-eight (48) hours. Disabled vehicle. Any vehicle, regardless of size, which is incapable of being propelled upon the public streets of the City of Winter Springs, or which does not meet the requirements for operation upon the public streets of the City, including a current vehicle license. Motor vehicle. A vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. Owner. The person who holds legal title to a vehicle. (In the event a vehicle is the subject of an agreement for the condition- ) al sale or lease thereof, with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee .9 or leasee or mortgagor, the latter shall be deemed the owner for the purpose of this chapter.) Park. To cause a vehicle to stand, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading. Police officer. Every officer of the Police Department of the City or any officer authorized to direct or regulate traffic or to make arrests for violation of traffic regulations. Private road or driveway. Every road or driveway not open to the use of the public for purposes of vehicular travel. Roadway. That portion of a highway improved, designed, or ordinarily used for vehicular travel exclusive of the shoulder or berm. Safety zone. The area or space officially set apart within a roadway for the exclusive use of a pedestrian and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. Standing. Any stopping of a vehicle, whether occupied or not. Stop. When required, means a complete cessation of movement. Street or highway. The entire width between the boundary of every way or place of whatever nature when any part thereof is open to the use of the public for the purpose of vehicular traffic. Traffic. Pedestrians, ridden or herded animals, vehicles, street cars, and other conveyances either singly or together while using any street for the purpose of travel. Traffic control device. Any device indicating regulations of traffic of whatsoever nature within the City. Trailer. Every vehicle with or without motive power designed for carrying persons or property and for being drawn by a motor vehicle. Truck. Every motor vehicle designed, used, or maintained pri- marily for transportation of property. Vehicle. Every device in, upon, or by which any person or property is or may be transported or drawn upon a street or highway, except devices moved by human power or used exclusively upon stationary rails or tracks. 4 Section 11.4. Specific Duties and Powers of Chief of Police Relative to Operation and Parking of Vehicles The Chief of Police shall have the power and is hereby authorized to regulate the operation and parking of vehicles within the corporate boundaries of the City, by erection or placement of proper signs or markers, by installs- 1 tion of official traffic control devices, and/or by utilization of police 1 officers to direct motorists. The presence of such signs or markers, traffic control devices, or police officer at any place within the corporate boundaries of the City shall be'prima facie evidence that such signs or markers or traffic control devices were erected or placed by and at the direction of the Chief of Police, or that such police officer was assigned by the Chief of Police, in accordance with the provisions of this section. This power shall include the functions listed below. Section 11.4.1. Regulating Motor Vehicles. (a) Regulating or prohibiting stopping, standing, or parking. A (b) Regulating or prohibiting processions or assemblages on the streets or highways, including all State or Federal highways lying within the boundaries of the City. (c) Adopting and enforcing such temporary or experimental regula- tions as may be necessary to cover emergencies or special conditions. (d) Requiring written accident reports. Section 11.4.2. Designating Uses or Prohibitions for Streets. (a) Restricting the use of streets. 1 (b) Designating particular highways or roadways for use by traffic moving in one direction. (c) Designating any street as a through street or any intersection 4 as a stop or yield intersection. 1 (d) Prohibiting or regulating the use of controlled-access road- } ways by any class or kind of traffic. (e) Prohibiting or regulating the use of heavily traveled streets by 3 any class or kind of traffic found to be incompatible with the normal and safe movement of traffic. (f) Designating and regulating traffic on play streets. (g) Designating and regulating traffic in school zones and hospital 1 zones. 1 Section 11.4.3. Establishing Speed Limits and Regulating Turning and Passing. (a) Altering or establishing speed limits within the provisions of this chapter. (b) Establishing speed limits for vehicles in public parks. (c) Designating no-passing zones. (d) Regulating or prohibiting the turning of vehicles or specified types of vehicles, including U-turns. (e) Designating hazardous railroad grade crossings in conformity with criteria promulgated by the State Department of Transportation. Section 11.4.4. Creating Parking and Standing Zones. (a) Establishing parking meter zones, including size and number of spaces therein, erecting parking meters, and designating parking time allowed; however, a public hearing shall be held before such parking meter zones may be created. (b) Establishing bus stops and taxicab stands. (c) Establishing loading and unloading zones. Section 11.4.5. Regulating Non-Motorized Traffic. (a) Prohibiting pedestrians from crossing a roadway in a business district or any designated highway except on a crosswalk. (b) Regulating pedestrians crossing at unmarked crosswalks. (c) Erecting signs in the right-of-way to control, regulate, or prohibit hitchhiking on streets or highways, including all State or Federal highways lying within City boundaries. (d) Regulating the operation of bicycles. (e) Regulating persons upon skates, coasters, and other toy vehicles. of 4 Section 11.5. Regulations Governing Motor Vehicles and Traffic. The sections below specify regulations pertaining to operation of motor vehicles, including driving, stopping, standing, and parking, w within the City limits, as well as regulations governing other types of transportation and traffic. Section 11.5.1. Vehicular Speed Limits. (a) The maximum speed limit within the municipal boundaries of the City of Winter Springs shall be twenty (20) miles per hour unless otherwise approved by motion of the City Commission and posted. a (b) The twenty (20) mile per hour speed limit hereby estab- lished shall not be applicable to State highways or connecting links or extensions thereof. I (e) All speed zones shall be posted with clearly visible and legible signs and no change in speeds from the thirty (30) mile per hour speed limit established by the Florida Statutes shall take effect until the zone is posted changing the speed pursuant to paragraph (a), above, of this section. (Ord. No. 41, S1, 5-3-65; Ord. No. 113, SS 1-3 4 1-2-85.) Section 11.5.2. Stopping, Standing, and Parking of Motor Vehicles. 1 No person shall stop, stand, or park a vehicle in violation of the regula- tions cited hereinbelow, unless a sign is present posting advice to the contrary. (a) Prohibited Places. Except when necessary to avoid conflict with other traffic or to comply with law or the directions of a Police Officer or official traffic control device, no person shall: (1) Stop, stand, or park a vehicle: a. on any roadway. b. on a sidewalk. c. within an intersection. d. on.a crosswalk or within ten (10) feet of a crosswalk. e. between a safety zone and the adjacent curb or with- in thirty (30) feet of points on the curb immediately opposite the ends of the safety zone. f. alongside or opposite any street excavation or obstruction. I 1 g, upon any bridge or other elevated structure. h. upon a highway or within a highway tunnel. i, on any railroad tracks. j. at any place where official signs prohibit stopping. (2) Stand or park a vehicle whether occupied or not, except momentarily to pick up or discharge a passenger or passengers: a. in front of a public or private driveway. b. within fifteen (15) feet of a fire hydrant. c. within twenty (20) feet of a crosswalk at an inter- section. d. within thirty (30) feet upon the approach to any flashing signal, stop sign, or traffic control signal located at the side of a roadway. e. within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of said entrance, when properly signposted. f. at any place where official signs prohibit standing. (3) Park a vehicle, whether occupied or not, except tempo- rarily for the purpose of, and while actually engaged in, loading or unloading merchandise or passengers: a. within fifty (50) feet of the nearest rail of a railroad crossing, unless the Department of Trans- portation establishes a different distance due to unusual circumstances. b. at any place where official signs prohibit parking. (4) No person shall.move a vehicle not owned by such person into any prohibited area. (b) Prohibited Purposes. No person shall stand or park a vehicle upon a roadway for the purpose of: (1) Displaying it for sale. (2) Washing, greasing, or repairing such vehicle except repairs necessitated by an emergency. (c) Obedience to Parking Signs and Space Markings. On such aaA streets, highways, or otherlocations where parking spaces are 3 officially indicated by signs or markings, parking shall be allowed rt only within such spaces and then only for the times officially indi- I' cated by such authorized signs. It shall be unlawful for any person Ito park a vehicle in any parking space designated by painted lines, unless such vehicle is parked wholly within the marked lines. 3. (d) Use of teas and Taxicab St.ands. No person shall stop, stand or park a vehicle other than a bus in a bus stop or other than a ( taxicab in a taxicab stand, when any such stop or stand has been officially designated and appropriately marked; except, that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such zone. (e) Loading/Unloading Zones. The Chief of Police is authorized to designate and to mark loading/unloading zones on the several streets of the City and no person shall stop, stand, or park a vehicle for any purpose or length of time other than for the expeditious unloading and 1 1 delivery or pick-up and loading of materials in any place marked as a 1 loading zone during hours when the provisions applicable to loading zones are in effect. In no case shall the stop for loading and 4 unloading of materials exceed time indicated on sign(s). Section 11.5.3. Restrictions on Riding Horses on Streets. Any person riding, driving, or leading horses within the City must stay off all streets and roads except to cross the same, and the crossing must be made at a ninety (90) degree angle to the street I 1 or road. (Ord. No. 12, S3, 1-5-60) I n 1 ) I I 1 1 4 4 I Section 11.6. Responsibility for Motor Vehicles. No person shall allow, permit, or suffer any vehicle registered in his name to stand or park in any street, avenue, or alley in the City in violation of any of the provisions of this chapter regulating the standing and parking of a vehicle. Section 11.6.1. Abandonment of Motor Vehicles. No person being the owner or in control of such vehicle shall abandon any dismantled, partially dismantled, wrecked, junked, or nonoperating vehicle on any roadway, street, alley, highway, or other public right-of-way or easement. Such vehicle shall be deemed to have been abandoned if it remains at such a location for forty-eight (48) consecutive hours. Section 11.6.2. Impoundment and Redemption of Illegally Parked Vehicles. umbers of the Police Department shall be vested with the authority and it shall be their duty to impound any unoccupied vehicle parked in violation of any of the parking regulations of the City where such vehicle impedes traffic, creates a traffic hazard, or appears to be abandoned. Thereafter, such vehicle shall be released to the duly identified owner thereof only upon the payment of any fine and the storage, towing, and other impounding charge(a). The Police Department shall exercise due diligence to identify and notify the owner. Section 11.7. Traffic Violation Bureau. The Traffic Violation Bureau of the Police Department of the City of Winter Springs shall be empowered to issue citations of violation of parking, standing, and stopping regulations and to assess and collect fines for such violations. Section 11.7.1. Issuance of Citations. (a) Any Police Officer shall attach to any vehicle parked in violation of this chapter a notice to the owner or operator thereof instructing the owner to report to the Traffic Violation Bureau of the City in regard to such violation. (b) Such citation is and shall remain the property of the City before and after the serving, delivery, or affixing thereof and is ?=9 and shall be considered an integral part of the Police Department. All persons receiving any such notice in writing, whether by personal service or by affixing of the same to a vehicle, shall be and are hereby required uired to g preserve such notice and to bring and present or otherwise transmit the same to the Traffic Violation Bureau when answering the charge set forth in such notice. (c) Each such person shall have five (5) days from the day when such notice was attached to such vehicle to respond to the Traffic Violation Bureau. Section 11.7.2. Fines for Violations. The penalty for each violation of the relating p y regulations relatin to parking, stopping, or standing under any section of this chapter shall be as adopted by resolution of the City Commission. The owner ) or operator of the motor vehicle may pay the amount of fine specified 4 on the notice of violation within five (5) days of its issuance in full 4 satisfaction of the citation. Otherwise the penalty shall be as prescribed by Florida Statute. Section 11.7.3. Failure to Obey Citation. (a) The operator or registered owner of a vehicle who willfully neglects to answer to the charge set forth in.a parking violation '+c 4 J notice affixed to such vehicle by a Police Officer shall be held to have violated this section. The failure of such owner or operator to make payment of the fine to the Traffic Violation Bureau within five (5) days of its issuance shall render such owner or operator subject to maximum prosecution under State Law, at the discretion of the Court. (b) Any person who fails to respond to the original parking violation notice within the time specified on such notice shall be deemed to have waived the right to contest the merits of such parking violation. Section11.7.4• Alteration or Destruction of Citation. No person, whether the recipient thereof or otherwise, shall willfully throw away, alter, mar, mutilate, destroy, or discard the written notice of the City described in Section 11.7.1. (a) No person finding affixed to any vehicle the written notice of the City described in Section 11.7.1 of this chapter, whether he be the owner, operator, or driver of or a passenger in the vehicle to which same is affixed, shall willfully throw away, alter, mar, mutilate, destroy, or discard the written notice of the City so found affixed to such vehicle. (b) No person not being the owner or having charge of or operating a vehicle to which may be found affixed the written notice of the City described in Section 11.7.1 of this chapter shall willfully remove take away, mar, alter, mutilate, destroy, or discard any such notice so affixed, nor shall any person receive any such notice from another for the purpose of so multilating or destroying such notice or for the purpose of constituting himself the agent of the recipient for any purpose other than the proper and lawful adjustment, at the Traffic Violation Bureau, of the charge contained in such notice. I • A 44447, ;' CITY OF WINTER SPRINGS, FLORIDA 4 400 NORTH EDGEMON AVENUE WINTER SPRINGS, FLORIDA 32708 Telephone(305)327-1800 March 15, 1984 The Orlando Sentinel Legal Advertisements P. 0. Box 2833 3 Orlando, Fl. 32802 Dear Sirs: Enclosed please find Notice of Public Hearing for the City of Winter Springs, Florida, to be published one time in the Little Sentinel on Sunday, March 25, 1984. Please send proof of publication and invoice to this office. Thank you. Yours truly, CITY OF WINTER SPRING6 Mary T. Norton, City Clerk PORE ; rF CITY OF WINTER SPRINGS, FLORIDA M TELEPHONE %LE m011 WINTER SPRINGS,FLORIDA (305)327.1800 ZIP CODE 32708 CITY OF WINTER SPRINGS, FLORIDA NOTICE OF PUBLIC HEARING NOTICE is hereby given by the City Commission of the City of Winter Springs, Florida, that said Commission will hold a public hearing on an ordinance entitled as follows: AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, REPEALING CHAPTER 11 OF THE CODE OF ORDINANCES ENTITLED "MOTOR VEHICLES AND TRAFFIC"; PROVIDING FOR THE ADOPTION OF A NEW CHAPTER 11; ADOPTING STATE STATUTES; ASSIGNING TO THE POLICE DEPARTMENT CERTAIN DUTIES AND POWERS TO REGULATE MOTOR VEHICLES AND TRAFFIC; ESTABLISHING REGULA- TIONS GOVERNING OPERATION OF VEHICLES, TRAFFIC, AND PARKING; SPECIFYING RESPONSIBILITY FOR VEHICLES; EMPOWERING THE POLICE DEPARTMENT TO ISSUE CITATIONS AND COLLECT FINES FOR VIOLATIONS OF REGULATIONS HEREIN ESTABLISHED; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. This Public Hearing will be held at 7:30 p. m. on April 24, 1984 , or as soon thereafter as possible in the Commission Chamber, City Hall, 400 N. Edgemon Ave. , Winter Springs, Florida. Copies of the proposed ordinance are available in the office of the City Clerk for inspection. Interested parties may appear at this hearing and be heard with respect to this proposed ordinance. Please be advised that, under State Law, if you decide to appeal a decision made with respect to this matter, you will need a record of the proceedings and may need to ensure that a verbatim record is made. Dated this 15th day of March; 1984. CITY OF WINTER SPRINGS, FLORIDA y � ,rt.4.4.tE /� / 22* 2 v Mary T. Norton, City Clerk SECTION III - All ordinances or parts of ordinances in conflict herewith are hereby repealed. _ SECTION IV - If any section or portion of a section or sub- section of this ordinance proves to be invalid, unlawful or unconstitutional it shall not be held to invalidate or impair the validity, force or effect of any other section or portion of a section or sub-section or part of this ordinance. SECTION V - This ordinance shall take effect upon final passage and adoption. Passed and Adopted this 1.4/ day of 41.[. , 1984. CITY OF WINTER SPRINGS, FLORIDA 4 A / tea► IHN TORCASO, MAYOR ATTEST: 2Z444/7 A:74, CITY CLERK M1 t II I FIRST READING March 13, 1984 POSTED / ,,,,(i ,1( /99F1, 1 PUBLIC HEARING AND SECOND READING / .Z /94F-1/ 111 s A i °i R :i:.ililigiliitilligilf i1 'i1I a, . ; . i i . . -._ . .6 c., I 1 isi 1 riip givi; ° "Ail?' '9119141 I 11,.11__Istl 0,11 16111811gg; ;Ili 1 ile:ci le fill i . : II 41$ 4 Z � h X56 P5h /III 11 1.1 ihh [ 63 6 g ilk sigma S g 1 t:' " 0111 -6 ' s2 A • 0 0 J ] j :411 ' 4 / ef. U 1 a m a ilik, , .6) Iiik 4fil c§ ] .: -90 ! k,1 -9 .11a ; c 1;1 v. z 0- A' O .-I N iii g '8 I • .E lie11114 g ill 1 f 1 z. I 1 ,ill I I 't : 4j: I ! Al ! kill ili i • 'Is' . 2 Abii - . .8 tT I . I O ■ I - X 14 .E , �iiiki ..4, $ N �gI w V� �1 IJtI L ; lk litillil rti 1 • + _ 83-84-11 REGULAR MEETING CITY COMMISSION • CITY OF WINTER SPRINGS MARCH 13, 1984 The Regular Meeting of the City Commission of the City of Winter Springs, Florida, was called to order by Mayor John V. Torcaso. Roll Call: Commissioners: Mayor John V. Torcaso, present Jim Hartman, present Deputy Mayor Buck Adkins, present Inez Linville, present City Manager Richard Rozansky, present William Jacobs, present City Attorney Tom Lang, present Leanne Grove, present The invocation was given by Mayor Torcaso and the pledge of allegiance to the flag was led by Commissioner Jim Hartman. Motion was made by Commissioner Jacobs, seconded by Commissioner Linville, to approve the minutes of Feb. 28, 1984.Discussion. Vote on the motion: Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; motion carried. Public Input: Helen Powell, Hacienda Village, asked if there definitely would be a wall installed between Hacienda Village and Pinewood Terrace. Rudy Weirlich, Shore Road, presented a petition signed by homeowners in the area of Shore Road and Silvercreek, asking for stop signs to be installed. Chuck Swann, Oak Forest, asked about the results of the meeting in reference to the • drainage problems that were discussed at the Feb. 28th meeting. General Agenda: First Reading of Ord. No. 293, to extend its territorial and municipal limits to annex the hereinafter described lands, etc. (Guglielmello) Motion was made by Commissioner Adkins, seconded by Commissioner Grove to read Ord. No. 293 by title only on first reading. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; motion carried. Attorney Tom Lang read the first reading of Ord. No. 293 by title only. First Reading of Ord. No. 294, Motor Vehicles and Traffic: Motion was made by Commissioner Linville, seconded by Commissioner Jacobs, to read Ord. No. 294 by title only on first reading. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; motion carried. Attorney Tom Lang read the first reading of Ord. No. 294 by title only. Resolution No. 442, Water Conservation Program: Attorney Lang read Resolution No. 442 in its entirety. Motion was made by Commissioner Grove, seconded by Commissioner Jacobs to adopt Resolution No. 442. Discussion. Vote on the motion: Commissioner Linville, aye; . Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; Commissioner Adkins, aye; motion carried. • Regular eeting, City Commission, April 24, 1984 Page 2 83-84-14 Public Hearing for Ord. No. 291, amending the 1983-84 FY Budget, etc. Second Reading: Attorney Kruppenbacher read Ord. No. 291 by title only on second reading. Mayor Torcaso • recessed the Commission Meeting and convened the Public Hearing. Manager Rozansky said the purpose of the Hearing was to adjust our budget which was adopted in Oct. 1983. In reference to Federal Revenue Sharing, there are $15,336 more dollars, of which $7,000 have been allocated for a motorcycle for the P.D., $2,295 for communications equipment, and $6,041 for our parks and recreation area for completion of ball fields, backstops and possibly adding lighting to one of the ball fields and also work towards building a handball and raquetball court. The basic changes that have been made include communica- tions equipment in the Police Dept. , $260; L.C. 64.1 $2,942 equipment for the motorcycle and FRS Vehicles $7,000. In the Fire Dept. , $4,600 has been put in reserve for the Brush Vehicle; Public Works, L.C. 46.3 $4,000 for maintaining the grader and backhoe; increased vehicles $16,500 -equipment hoist $1,000 and vehicle $9,900 and radio equip- ment $2,295. ; Finance and Administration-included additional monies to cover the present audit bill and additional financial charges. Recreation Dept., Capital Improvements $17,000 for the tennis courts; Capital Reserve was increased to $71,357. Mayor Torcaso opened the Hearing to the floor for comments and recommendations. There was no public comment as to the allocation of Federal Revenue Sharing Funds or the General Budget. Mayor Torcaso closed the public hearing and reconvened the Commission Meeting. Motion was made by Commissioner Jacobs, seconded by Commissioner Grove to adopt Ordinance No. 291. Discussion. Vote on the motion: Commissioner Hartman, aye; Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; motion carried. Public Hearing for Ord. No. 293, to extend its territorial and municipal limits to • annex the hereinafter described lands, etc. (Guglielmello). Second Reading: Attorney Kruppenbacher read Ord. No. 293 by title only on second reading. Mayor Torcaso recessed the Commission Meeting and opened the Public Hearing. Mr. Art Harris, Sable Court and Mr. Walt Dittmer, property owner, spoke in discussion. No one spoke against the ordinance. Mayor Torcaso closed the public hearing and re- convened the Commission Meeting. Motion was made by Commissioner Jacobs to adopt Ordinance No. 293. Seconded by Commissioner Grove. Discussion. Vote on the motion: Commissioner Adkins, aye; Commissioner Linville, aye; Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, aye; motion carried. Public Hearing for Ord. No. 294, repealing Chap. 11 and providing for adoption of new Chapter 11, etc. Second Reading: Attorney Kruppenbacher read Ord. No. 294 by title only on second reading. Mayor Torcaso recessed the Commission Meeting and opened the Public Hearing. No one spoke for or against the ordinance. Mayor Torcaso closed the Public Hearing and reconvened the Commission Meeting. Commissioner Jacobs spoke about the parking problem on George Street. There was discussion of the problem and possibly stabilizing the area across the street to allow parking there. Motion was made by Commissioner Adkins to adopt Ordinance No. 294. Seconded by Commissioner Jacobs. Discussion. Vote on the motion: Commissioner Linville, aye; • Commissioner Jacobs, aye; Commissioner Grove, aye; Commissioner Hartman, no; Commissioner Adkins, aye; motion carried. rp ORDINANCE NO.2005-18 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA AMENDING CHAPTER 12 OF THE CODE TO AUTHORIZE THE CITY COMMISSION TO CREATE ON-STREET MOTOR VEHICLE PARKING ZONES ON ROADWAYS LOCATED WITHIN THE CITY; PROVIDING THAT ON-STREET PARKING ZONES MUST BE AUTHORIZED BY THE CITY COMMISSION BY RESOLUTION ON A CASE-BY-CASE BASIS AT A PUBLIC HEARING; MODIFYING THE DUTIES OF THE POLICE CHIEF UNDER CHAPTER 12 OF THE CITY CODE IN ORDER TO IMPLEMENT PARKING ZONES THAT ARE AUTHORIZED BY THE CITY COMMISSION; PROVIDING FOR CONFORMING AMENDMENTS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS;PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,this ordinance is enacted pursuant to the Florida Municipal Home Rule Powers Act, Section 316.018,Florida Statutes,and Chapter 12 of the City Code; and WHEREAS, the City Commission of the City of Winter Springs, Florida, has previously determined that it is in the best interest of the safety,health,and welfare of the citizens of the City of Winter Springs to regulate on-street parking; and WHEREAS, the City Commission hereby finds that the continued regulation of on-street parking is necessary for purposes of ensuring adequate vehicular access for police and fire protection,enhancing the visual appearance of neighborhoods,requiring development projects to be responsible for satisfying parking demands and needs on-site, and reducing traffic congestion and on-street accidents; and WHEREAS, the City Commission of the City of Winter Springs, Florida, deems it appropriate in certain cases to evaluate the need and/or benefit relating to on-street parking on a case- by-case basis at a public hearing; and WHEREAS,the City Commission of the city of Winter Springs,Florida,desires to amend the city code to expressly provide that the City Commission may approve on-street parking on a case-by-case basis by resolution at a public hearing; and City of Winter Springs Ordinance No.2005-18 Page 1 of 5 I -5. WHEREAS,it is in the best interests of the public health safety,and welfare of the citizens of Winter Springs to amend the city code in furtherance of the intent and purpose stated herein. 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 13,is hereby amended as follows: quisialinal type indicates additions and strikeout type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter 13. It is intended that the text in Chapter 13 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 12. MOTOR VEHICLES AND TRAFFIC * * * ARTICLE II.Administration * * * Sec. 12-27. Duties and powers of chief of police relative to operation and parking vehicles. 1 The chief of police shall have the power and is hereby authorized to regulate the operation and parking of vehicles within the corporate boundaries of the city,by erection or placement of proper signs or markers, by installation of official traffic-control devices, and/or by utilization of police officers to direct motorists. The presence of such signs or markers,traffic-control devices,and/or by utilization of police officer at any place within the corporate boundaries of the city shall be prima facie evidence that such signs or markers or traffic-control devices were erected or placed by and at the direction of the chief of police,or that such police officer was assigned by the chief of police, 1 in accordance with the provisions of this section. This power shall include the functions listed below: * * * City of Winter Springs Ordinance No.2005-18 Page 2 of 5 1 I (4) Creating parking and standing zones: a. Establishing parking meter zones, including size and number of spaces therein, erecting parking meters,and designating parking time allowed;however, a public hearing shall be held before such parking meter zones may be created; b. Establishing bus stops and taxicab stands; c. Establishing loading and unloading zones:; Establishing parkingzones on roadways in accordance with section 12-65 of the city code. * * * Sec. 12-65. General prohibitions Except when necessary to avoid conflict with other traffic or to comply with law or the directions of a police officer or official traffic control device,no person shall: (1) Stop, stand, or park a vehicle: a. On any roadway:except as follows: (A) Parking of vehicles on roadways mkv be expressly authorized by city code within a particular zoning district. Oj 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, A parking zone shall be come effective upon the chief ofpolice erecting a signs) or marker(k)identifying the parking zone in accordance with the traffic signage requirements of this chapter and state law and any conditions set forth in the resolution adopted by the city commission. For purposes of this subsection(1)(a)and inlieu of the definition contained in section 12-1 of this chapter. the term "roadway" shall mean all portions of a right-of-way. improved or unimproved, including the paved portion and any shoulder or berm. b. On a sidewalk; c. Within an intersection; d. On a crosswalk or within ten(10)feet of a crosswalk; e. Between a safety zone and the adjacent curb or within thirty(30)feet of points on the curb immediately opposite the end of the safety zone; City of Winter Springs Ordinance No.2005-18 Page 3 of 5 s 3 ti f• Alongside or opposite any street excavation or obstruction; g. Upon any bridge or other elevated structure; h. Upon a highway or within a highway tunnel; ' I. On any railroad tracks; I. j. At any place where office signs prohibit stopping. 4. I (Q The city commission my temporary suspend by resolution.the prohibition of parking vehicles on any roadway for emergencies.dial events. or other public purposes. The • resolution shall identify the dates.time and name of the roadwavf sl or portion thereof which parking I. of vehicles shall be allowed. * * * rI 4 Section 3. Conforming Amendments to the Greeneway Interchange Distri&ection 20-334(C)stated and stricken below is hereby repealed from the city code in its entirety and the remaining subsections(d) through(j)therein shall be re-lettered C)through(I)accordingly: 1i& •t • w • I r• .1 •. r • 11 r• . • •_ 1 n • • .1 • , _ .1 :x Section 4. 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. I Section 5. Incorporation Into Code. This ordinance shall be incorporated into the 3 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 x 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. I 4 Section 6. 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 1 validity of the remaining portions of this ordinance. j Section 7. 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. • 4 4 City of Winter Springs Ordinance No.2005-18 Page 4 of 5 1 1 1 a { ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 11TH day of JULY ,2005. N F.BUSH,Mayor ATTEST: ANDREA LORENZO-LUACES, 'qty Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: /Aph ANTHO _ A. GARGANESE,City Attorney First Reading: Second Reading: July 11, 2005 Effective Date: City of Winter Springs Ordinance No.2005-18 Page 5 of 5 i lz II / fryryM��,p, nm y 4+. k tali fImN1Y }irk, ' Tan ewes: n A 1 1 NONLITY H� d I UN- -afOM IT T1, 141a.Sla ._. `. , tt1�I T wy ti t m[e�: 1fN�W1� Vary4} u .1.!•, Mayo. Inwi00 jjMc 61, NT� tI ■R k0i►iw,Anil- a 1'� TF NMMCNW 7�+Nf,iWM b 3 `}RRIAARM M� NN 1 . h 10 0• s AAYFF{IND .E • FORM N}�O ANQADSI f N' ''yt 1' ',f1p110 dl 1. it RIINPEAI. 0 P I•R 1 H‘ 'AT" O �. IN TO AND 1, mt. SAAB : Cr le DATE. YE tt L : fa * ..IP lo-AN O 1 ANN aC LR NOOO t T Pilo*. , N. IL�� CITY 01 I!N I HT CE AMEN INNpl 1 1i y101. T ANY AND 1 :: IOTTNH Pre.: A 1i. 1 PM f6 STREET MNNNNO R H. YN/Mi CV DWAY O I d-WITHIN TX C I► I XFO>yflf rl w VIDEEI 011 STREENTTT``CAR HAT 0 70 100 V VI SIONAly !I 41 � .. 1j!17� uATT A ii`�Yi pt TM HA 1 R•1111 1• PurOUaNn1 k �rgN y.1Njjj , Ir• DE �0 [i INEN MiMit OON „~„-AR1EKATUTMBRI $EE r a W THE CITY COINMISII 1j ° 1t, PROVIDING FOARM pD}I.A Nn1 Y j pp�THE REPEAL PRIOR l�0v1oui0 ty HApp C[f:AND R "U. ar aIa >�I1►MM• INTO E C�! TIIurNoY Alb.'7, p TI N IN ■ ic-A111LITY AND AN FRC. 1i M am.0►UN , s as TIVE DATE. MObfN v0. Fg,Ii, M� ONMOWN,AKY11,1110 � ."110, ) �fOii11111�IN TIN EDYYARDO:MILL E.PA. N00 Second sow...ft 790 ct 1110 MNi S(M NM10110 amt TM pr 6 R mod m /0/7110 �_ F 1 P•RI., f a.m. E ppi ga,RkmtNO at i 11 (11 M �_ __ OpA&'1 4Y a 1tfon^nw °Aww,Fn call r NN Potions wtth etas.-) ...I. 11siIN NII ess 0► ORS 4. i i i Jy ,, 1 i i 1 1 i i J. 1 i 7 1rin_ I ...wA,MIA T ,i4 ' y of . j Id, t : ;`` 7YY'i4 tf !w \ JJ7y1, -„1j,N't x:�lF ;.:F..77- ,� f~L 4 v Y N�V R 1 T, ■ �v 'd v M' , '..,• a k: CT r At� t � .rMMw lit# ,, +''',,,d.'1'4 rk. Al T .!„f, i,t w f na.• ` I i, ,r Ttta•=tat' r v . �... 5. n 111�1Y.Y.I M•MAI M ME■TM ' .• f`k _ A -,r411,4 g NN. 1 . k-Sti EIV " , - - ... ti 1' J"J1. j� ,'I mr.4.NS i . D 4.':••'.•,: ..;} � . � M \ 444. ,1,_ r.43._y,M a 1 It c4:,it I ',L. , e.1.... 4. ti N K I �S 1. . No , I S w 'I c' 1 I k ream : 2 NI I x,11 W 1 MNN I! .4 1 NMM n y I.aressN Oaym, 1 " N i i''' - * aa,� �',:. L.. "- 2 • ryr, i 1 Si 1 j ;3 9 Y C t Y CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JUNE 27,2005 PAGE 10OF31 Discussion ensued on "Wayfinding" signage with Mr. Stevenson. Manager McLemore suggested, "The design of these signs is controlled — the ones that have been to Randy [Stevenson]; and their design out front, the design is accepted and —as long as you stick within that design what you put inside of it is really not restricted; and, if we don't have that written into this Ordinance,we need to." Mr. Stevenson noted,"I would agree." Deputy Mayor Blake added, "But on these, I think you need to have some additional structure to define the place." Manager McLemore noted, "We're probably going to need, in my opinion,to develop the standards or at least with the Developer's and say this is the standard for the Town Center, at various tiers." Furthermore, Deputy Mayor Blake suggested,"I would like to see it brought back with those safeguards." Additional discussion. Regarding approval of this Agenda Item Manager McLemore stated, "On these directional signs, I think we need to come back with some definite design standards." Mr. Stevenson inquired, "Could we go forward with all of the signs we're talking about here except the directionals and we can come back and modify that Section?" "I MOVE TO APPROVE ORDINANCE 2005-24 — WITH SEPARATE STANDARDS FOR 'WAYFINDING' SIGNS." MOTION BY COMMISSIONER McGINNIS. MR. STEVENSON NOTED, "AND WE'LL BRING THAT BACK TO YOU WITH SOME MODIFICATIONS." SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE MOTION CARRIED. PUBLIC HEARINGS 404. Public Works Department Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance [Number] 2005-18 Providing For Allowing On Street Parking By Resolution. Mayor Bush remarked, "Can we have a Motion to read by `Title' only?" "SO MOVED." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. I 1 A CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—JUNE 27,200S PAGE 11 OF 31 VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2005-18 by "Title"only Mayor Bush opened the "Public Input"portion of the Agenda Rem. Mr. John W. Masterson, 229 Blue Creek Drive, Winter Springs, Florida: as a representative of the Chestnut Estates subdivision, Mr. Masterson mentioned a neighbor who calls the Police about cars parked on the street in this subdivision. Mayor Bush closed the "Public Input"portion of the Agenda Item. Discussion ensued regarding on-street parking, to which Commissioner Krebs asked, "Under this Ordinance, Anthony [Garganese], would this allow us to suspend on-street parking for let's say,periods of time—like at Christmas—the Holiday season when there is a lot of activities going on?" Attorney Garganese said, "I would think you could do that,"and suggested doing that through a Resolution. Tape 2/Side A Commissioner Gilmore noted, "I think we need to generalize this situation around the problem — and the problem is, people have guests visiting and right now it is illegal to park. If you have a party at your house, it is illegal to park." Commissioner Gilmore added, "The problem is that the individual in the neighborhood that likes to call the Police on everything is making a pest of themselves and we have not addressed that in this Ordinance." Further discussion ensued on addressing other on-street parking issues. Commissioner McGinnis suggested, "I would not like to do it tonight because I would like input." Commissioner McGinnis added, "I would like to see perhaps the Police Chief come back to us, do a study on that and the sides of the roadway should be a factor. I am sure there are other variables too. I would love to see this brought before us for 4 discussion. I do not think it should be part of this Ordinance." Discussion followed on improving the situation mentioned by Mr. Masterson, in the Chestnut Estates subdivision. y4 �" 1 CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JUNE 27,2005 PAGE 12 OF 31 Mayor Bush noted, "I think Commissioner Blake stated this and Commissioner McGinnis has agreed, that the Ordinance as written meets part of the problem that we were addressing at a previous Meeting; and to change it at this point I think would be premature, because I think we do have to hear from Code Enforcement and other people before you can make a decision on these— Commissioner Gilmore does bring up a good point." Then, Mayor Bush remarked, "I would like to see us move forward on this Ordinance as it is and ask the Manager to come back to address these other issues that Commissioner Gilmore has brought up." Commissioner Gilmore suggested, "I wish we could work on the issue of `Reasonableness'." "I MOVE THAT WE APPROVE ORDINANCE 2005-18 — MOVE TO SECOND READING." MOTION BY COMMISSIONER McGINNIS. SECONDED BY DEPUTY MAYOR BLAKE. DISCUSSION. MANAGER McLEMORE SAID, "WE HAVE SOME REAL GOOD RESOURCES AVAILABLE TO US ON THIS ISSUE - PEOPLE THAT YOU KNOW AND WE HAVE DEALT WITH BEFORE; AND I THINK WE MIGHT WANT TO WORKSHOP THIS ONE." COMMISSIONER McGINNIS NOTED, "I AGREE." COMMISSIONER KREBS ADDED, "OKAY." MANAGER McLEMORE REMARKED, "NOT TO STOP THIS ORDINANCE, BUT SETTING OUT SOME CRITERIA AND HOW WE DO IT AND THAT KIND OF THING." VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. Deputy Mayor Blake said, "I would like to propose an Emergency Ordinance - passage tonight that will place a ninety (90) day Moratorium on the application of Section - Code Ordinance 12-65. in the Chestnut Estates subdivision." Brief discussion. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JUNE 27,2005 PAGE 13 OF 31 "I WOULD LIKE TO MAKE A MOTION WE DIRECT THE CITY ATTORNEY TO DRAFT AN ORDINANCE THAT WOULD COMPLY WITH STATE STATUTE FOR THE REASONS I HAVE STATED, AND BRING THAT BACK TO US THIS EVENING, AT WHICH TIME WE COULD MAKE A FINDING THAT AN EMERGENCY IS PRESENT OR NOT, AM) THEN GO FORWARD TO CONSIDER THAT EMERGENCY ORDINANCE" MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 500. Public Works Department Advising The City Commission Of The Status Of The Proposed Installation Of Sidewalks On Northern Way, Shetland Avenue And Dyson Drive And Requesting Direction From The [City] Commission. Mr. Kip Lockcuff, P.E., Director,Public Works/Utility Department and Mr. Brian Fields, P.E.,City Engineer,Public Works Department spoke on this Agenda Item. Discussion. Commissioner Gilmore suggested, "I would like to see us move ahead with the design. I would like to make a commitment to do it I would like to do something that we can control the design. I am very uncomfortable with saying to Seminole County - `Go design this thing', because we are not going to get what we want nor, what the people } want. So, I think that we need to control the design,but I am willing to go along with the project—to me this is a major safety issue." Commissioner Gilmore added, "Safety is the primary thing." Commissioner McGinnis noted, "I agree with Commissioner Gilmore." Furthermore, Commissioner McGinnis remarked, "Of course the issue of Traffic Calming as part of the sidewalks — they go hand in hand. So, I agree we really need to control the design - I think we should move ahead with this also." -aL M1?e r DCITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 11,2005 PAGE 15 OF 30 VOTE: COMMISSIONER KREBS: AYE COMMIVIISSIONER GILMORE: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. PUBLIC HEARINGS 404. Public Works Department Requests The City Commission Adopt On Second Reading Ordinance 2005-18 Providing For Allowing On-Street Parking By Resolution. Attorney Garganese read Ordinance 2005-18 by"Title"only. Brief discussion. Mayor Bush opened the "Public Input"portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input"portion of the Agenda Item. With discussion, Commissioner Krebs said to Attorney Garganese, "I don't think this totally addresses some of the issues that we still have and I don't know if this is where we address it,or if we amend it later,or what? And,that would be those times where people have parties throughout the year. There might be a Bible Study going; people are parked on the street and complaints come in. And,the fact of the matter is there is no parking on the street. So, my question would be, is there anything that we can legislate as the Commission to allow for those occasions where similar, I don't know - whether you would call getting a permit or notifying the Police, letting them know what is going on and only a certain amount of hours — I do not want to say authorized because I do not know if that is the right even term to use. But, giving them some type of power to handle those situations?" Attorney Garganese stated, "We could set up some sort of permitting scheme for those types of situations if the Commission wanted to consider that,because it probably would occur very frequently in the City. It may become something the Commission may want to consider delegating to the Police Chief, where the Police Chief could permit that on a temporary basis for such things as short-term parties." Mayor Bush stated, "Like `Yard Sales' for instance,create on-street parking." t DCITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 11,2005 PAGE 16 OF 30 Furthermore, Attorney Garganese stated, "If you want to consider delegating that, I can bring back a different type of Ordinance - to allow the Police Chief to do that or the Police Department and the Commission could set parameters." Mayor Bush asked, "I agree with Commissioner Krebs, I think that is a great idea. Do we have a Consensus that this could be modified — modify this Ordinance Anthony [Garganese], or create another one?" Attorney Garganese stated, "I would do a separate Ordinance." Mayor Bush added, "Everybody in agreement?" Commissioner McGinnis stated, "Yes." No objections were noted. "I MOVE WE ADOPT ORDINANCE 2005-18 AS AMENDED." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER MILLER: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMMISSIONER GILMORE: AYE MOTION CARRIED. Mayor Bush stated, "And, the Consensus was that Anthony [Garganese] will bring back something to address the issue that Commissioner Krebs brought up about temporary..." Commissioner McGinnis asked, "...Do things like this go on our Website — Ordinances like this?" Mayor Bush added, "It could be also in the Newsletter. Justin [Edwards Web/MultiMedia Technician, Information Services Department], maybe you could take a look at that the next time we put the Newsletter out." REGULAR AGENDA REGULAR 500. Community Development Department—Planning Division Requests That The City Commission Consider And Approve The Proposed Binding Development Agreement Between The City Of Winter Springs And Miller School Supply. Mr. Baker presented his opening remarks related to this Agenda Item. Mr. David Wright, 790 Monroe Road, Sanford Florida: commented on the signage dimensions. Discussion. • r COMMISSION AGENDA Consent ITEM 605 Information Public Hearing Regular X July 21 2007 Meeting MGR/1 /Dept. REQUEST: Police Department Code Enforcement Bureau requests the Commission review information and provide direction regarding alternatives for enforcement of parking and/or storage of vehicles in front or side yards facing the street,and allowing for on-street parking on certain roadways within the City. PURPOSE: The City Commission on May 14, 2007 directed the Code Enforcement Bureau to provide alternatives that would eliminate the need for the parking of vehicles on front and/or side yards facing any street, as well as considering the use of on-street parking to be utilized on certain roads within the City. The purpose of this agenda item is to present Code Enforcement's findings and to request direction from the Commission. 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. Under the City's current parking regulations,parking is prohibited on any roadway, except as follows(per City Code Section 12-65.1): 1. Where on-street parking is authorized by City Code for a particular zoning district (currently only in the Town Center Zoning District). 2. A Commission-approved site specific parking zone established by resolution at a public hearing(George Street is the only such parking zone currently in effect). 3. Temporary suspension of on-street parking by resolution for emergencies, special events, or other public purposes. 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 July 23,2007 Regular Agenda Item 605 Page 2 of 29 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 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, consideration should be given for 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. However,Code Enforcement still has to frequently contend with on-street parking problems on streets too narrow to safely support on-street parking or in response to resident complaints. Through the years there has been a myth that parking was allowed with two wheels in the right-of-way or all wheels in the right-of-way to avoid parking on the street and this is not true. George Street was the first street approved by the Commission to utilize on-street parking to move vehicles off the yards and sidewalks. On-street parking is working very well on George Street. Chestnut Estates was another community that allowed on-street parking by resolution, and it was a success during the time it was allowed. The Police Department does receive calls daily inquiring about parking options for visitors,relatives, children home for the summer, etc. Over the years Code Enforcement has informed residents to park only on one side of the road while not blocking any driveways. This approach works most of the time but Code Enforcement still receives complaints about parking on the street when this is permitted. In 2003,the consulting firm Glatting Jackson reviewed the City's parking policy and ..ry recommended on-street parking along both sides of local streets and along one side of collector streets.Please see Exhibit A for a copy of Glatting's recommendation letter dated March 7,2003. ON-STREET PARKING ANALYSIS: Code Enforcement reviewed the various types of roads within the City which might support on- street parking. These roads are classified as follows: 1. Arterial Roads—Provide regional mobility via both uninterrupted flow and interrupted flow segments. Arterials provide mobility around and through urban and community cores, and accommodate relatively long trip lengths as opposed to providing access to adjacent properties. Some examples are SR 434,US 17-92, SR 419,and Tuskawilla Road(south of SR 434). Arterial roads are not recommended for on-street parking. 2. Collector Roads—Provide for movement between local streets and the arterial network. Collectors serve residential,commercial,and industrial areas. Some examples are Shepard Road, Sheoah Boulevard, Moss Road,Winter Springs Boulevard,Northern Way,Hayes Road,and Fisher Road. Collector roads in Winter Springs generally have 28 feet of hard July 23,2007 Regular Agenda Item 605 Page 3 of 29 surface which includes 24 feet of asphalt and a 2 foot curb and gutter on each side. Some of these types of roads can and some can not support on street parking. 3. Local Roads—Provide direct access to abutting properties. Local roads accommodate traffic originating in or traveling to properties within a neighborhood, commercial,or industrial development. Local roads are not considered part of the major thoroughfare system. Local roads generally have up to 26 feet of hard surface including 20 to 22 feet of asphalt and a 2 foot curb and gutter on each side. Some examples include Leopard Trail, Baltic Lane,Bennett Street, Old White Way, Seneca Meadows,and Nighthawk Circle. Some of these types of roads can and some can not support on street parking. A sample of collector and local roads throughout the City was evaluated by Code Enforcement, including curbed and uncurbed roads.The impact of allowing parking on these streets was evaluated using the smallest vehicle, a compact car, and the largest non-commercial vehicle that could be allowed to park on the street, a dual rear wheeled truck.The largest fire truck requires a minimum clearance of at least 11-feet to safely travel on the roadway. Exhibit B shows the various on-street parking arrangements that could occur with different combinations of vehicle and roadway types. Several arrangements,such as dual rear wheeled trucks parked directly opposite of each other on narrow local streets, do not safely accommodate on-street parking. SUMMARY OF FINDINGS: Code Enforcement's analysis found 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 of multi-vehicle residences in the City has increased. With the City's current prohibition of on-street parking,these multi-vehicle residences are confronted with the problem of where to park additional vehicles to comply with the City Code. While it is acknowledged that the City cannot regulate how many vehicles a person owns, the City can regulate the parking of them. It should be noted that several Homeowners Associations within the City already have bylaws in place prohibiting on-street parking. ROADS THAT DO NOT SUPPORT ON-STREET PARKING: 1 July 23,2007 Regular Agenda Item 605 Page 4 of 29 Based on Staff's field review and Glatting Jackson's recommendations,the following roads and streets are not recommended for on-street parking: Arterial Streets-No Parking Allowed: 1. US 17-92 2. SR 434 3. SR 419 4. Tuskawilla Road(south of SR 434) Collector Roads- On-street parking is not recommended on the following collector roads due to high traffic volumes,insufficient lane width,or other factors: 1. Shepard Road 2. Sheoah Blvd 3. Winter Springs Blvd(east of Tuskawilla) 4. Vistawilla Drive from SR 434 to the trail crossing 5. Fisher Road 6. Shore Road(south of Sailfish) 7. Moss Road 8. Northern Way 9. Trotwood Boulevard(east of Tuskawilla) 10. Hayes Road 11. Tuscora Drive from SR 434 to the trail crossing 12. Greenbriar Lane 13. Dyson Drive 14. Shetland Avenue 15. Wade Street north of SR 419 Other streets where on-street parking is not recommended: 1. Parkstone Blvd 2. Heritage Park Street from the SR 434 to the gate 3. Winding Hollow Blvd from SR 434 to Springview/Brookshire 4. Old Sanford-Oviedo Road 5. Any street with a roadway width of less than 22-feet of parkable street width(includes gutter or Miami curb) 6. Paved streets with no curb and gutter, except as determined on a case-by-case basis Town Center: is July 23,2007 Regular Agenda Item 605 Page 5 of 29 1. Parking is allowed in designated on-street parking areas only, except for the 26-foot wide "give way"streets per the Town Center Code,which currently are only in Avery Park and Jesup's Reserve. 2. No parking allowed in alleys. TWO-YEAR REVIEW OF PARKING CITATIONS ISSUED: Code Enforcement recently reviewed a two-year report of all parking notices issued to identify areas where on-street parking is a problem. The results are summarized as follows: Illegal Parking Notices Issued 2006-07 Non-Gated Gated Total 2006 376 168 544 2007 285 322 607 The report also indicated that in the gated communities, 490 of the 1,151 total notices that were given were in areas that are not recommended for on-street parking because they do not have adequate roadway width to safely support on-street parking. SUMMARY OF ON-STREET PARKING PROS AND CONS: Advantages of on-street parking: • Provides parking spaces for vehicles currently parked in yards, which better enables the City to prohibit yard parking • Provides natural traffic calming ' • On-street parking already occurs in the City without significant problems • On-street parking is convenient for guest parking and multi-vehicle residences . • Pedestrians are more inclined to use sidewalks when they are not blocked by vehicles parked in yards • City retains the ability to prohibit parking on any street, so that problem areas can be addressed on a case-by-case basis Disadvantages of on-street narking: • Some residents may not want vehicles parked in front of their residence,even for short periods of time • Some residents cannot park in front of their residence due to limited street frontage, driveways, fire hydrants, etc. July 23,2007 Regular Agenda Item 605 Page 6 of 29 • The majority of City Residents have no problems complying with the City's current prohibition of on-street parking(although some comply by parking on their yards) • Perceived that emergency response times will increase • Deterioration of roadway edges along roads with no curb and gutter • Some residents may feel like on-street parking is also a form of neighborhood blight and will lower property values CONCLUSION: There are advantages and disadvantages to allowing on-street parking. However,one clear trend is that cities and counties throughout the nation are addressing the problem of parking on yards by prohibiting it. Local streets and some collector roads within the City will support on-street parking,and it will be an overall benefit to the community. ALTERNATIVES: The following alternatives are provided for the Commission's consideration and direction: Alternative#1 - Prohibit Parking in Yards; Allow On-Street Parking Where Supported Amend the current Ordinance to prohibit parking on front and side yards fronting a street and allow on-street parking on all roads except for those roads identified by Staff in this agenda item that do not support on-street parking. Alternative#2- Prohibit Parking in Yards;No On-street Parking Beyond Current Regulations 3 Amend current Ordinance to prohibit parking on front and side yards fronting a street and continue with no on-street parking except by zoning code or Commission approval upon request. Alternative#3- Prohibit Parking in Yards; Implement a six-month pilot program allowing on-street parking in selected subdivisions on a temporary basis for evaluation Amend current Ordinance to prohibit parking on front and side yards fronting a street and implement a six-month pilot program allowing on- street parking in several City subdivisions.After the six-month period, Staff would provide a report to the Commission evaluating the results of the pilot program. 4 July 23,2007 Regular Agenda Item 605 Page 7 of 29 RECOMMENDATION: Staff recommends the Commission review the information contained in this agenda item and provide direction regarding possible changes to the City's current parking ordinances. ATTACHMENTS: 1. Exhibit A-Letter from Glatting Jackson dated March 7,2003 2. Exhibit B - Sketches of typical on-street parking arrangements for various street types and vehicle sizes CITY COMMISSION ACTION: I 1 k July 23,2007 Regular Agenda Item 605 Page 8 of 29 1 EXHIBIT A y OLATTINO 1 JACKSON KIIRCR1A ANOLIN LOPEZ KIN SHAKE ' s i wiarar j A+lslimh :NW e.tar* March 7,2003 R Jw Kum 4 jock R abides i rw R twd Mr.Kip Lockcuff P.B. 'R"d'y'c imam. Public Works Director 'eiYi"°s'"`°r'J' City of Winter Springs x sum,e.x.w, 1 126 B.State Road 434 ei Slows Z.Imamate. Winter Springs,FL 32708 hert H.PI`r Jdw.el..isr Re: On-street Parking Policy . . GI/16645.01 IytiR.yi David R.Clon, Dear Mr.Lockcuff i owds,a cable. Msk.dR.Codrn Introduction S Jalrwy L Cda.s Maud a.Dwv.Jr• Currently,on-street parking is prohibited in the City of Winter Springs. This policy is being reviewed ar.o.Cli.s for Several reasons,including: /Avid M.Kutner g c,l n Lamy a) on-street parking is already being permitted around the town center; b) on-street parking is taking place without problems on many streets in the City today, Willing°""' partidularly for service vehicles,guest parking for house parties,etc.; saw.).r''` c) on other streets,on-street parking would help reduce undesirable parking on front lawns,etc. Yl..war J,ataM.ad..X..k. l�ql..A Mwpr d) on-street parking occurs successfully in many other cities without posing any safety or street inha J,atoms al function problems; -„,,e,y R.Nemo e) . most street designers agree that on-street parking improves the pedestrian environment by a Tor 1•lane helping buffer them from moving vehicles;and J..a L.e4......, t) many people will find on-street parking very convenient. r xes<y J.lamed' APaisc s.d,se The recommendations herein pertain to on-street parking on local and collector streets in the City. L Nolo*P.Saw '' '•"M•11'Rover Local Streets ao..a 1.urr.rddr • °.whavUAW The typical local street's cross-section has 24 to 26 feet of hard surface(i.e.2-foot concrete gutter plus ”'s*a"'"' 20 to 22-foot asphalt area plus another 2-foot gutter). Parking is recommended on both sides of local • streets. Obviously,vehicles will be occasionally be parked on both sides of the street leaving 10 to 14 amorality feet between the vehicles. This space is easily within normal,acceptable limits 3 33 Raw fins throat Collector Streets ti 0•1•ndu.Debts 32501 { P 4ei so ana The typical collector street has 2R feet of hard surface(i.e.2-foot concrete gutter plus a 24-foot asphalt i P 407 ass nee area plus another 2-font gutter). Generally,parking is recommended on one side of these streets but www.at■eth.a.taus Lama=a es maw Glinting Jackson Kercher Anglin topes Rinehart,Inc. rc:c'.coot) Page 1 s 5 July 23,2007 Regular Agenda Item 605 Page 9 of 29 • • [C not on the other. This leaves 20 to 22 feet of hard surface for motor vehicle movement,which is acceptable for collector struts. On low volume collector streets,parking can be permitted on both sides,at the discretion of the Public Works Director. Normally.two-way motor vehicle volumes of fewer than 1,500 vehicles per day or 150 vehicles during the peak hour would be considered low volume. Other Parking Policies, Once the above policies are agreed to,then a number of rules need to be adopted such as: Parked vehicles need to be parallel parked. Parked vehicles need to face the direction of travel. Parked vehicles need to be operational and legally tagged. Parked vehicles need to have their right tires on the concrete gutter. Various parts of the streets cannot have on-street parking(i.e.next to fire hydrants,near corners of intersections,on or after sharp curves,etc.) There is an old saying,"No good deed goes unpunished." Changing parking policies as described above will generally be well,received. However,there will be unforeseen challenges such as: choosing the side of the street for the on-street perking for collector streets;the odd resident who objects to anyone parking on the street in Front of their property;etc. These problems need to be dealt with as the come up. Conclusion On-street parking is recommended for the City of Winter Springs for local and collector streets along the policy lines described above. On-street parking will fit nicely on the City's typical street widths and it will be an overall benefit to the community. Sincerely, Ian L l.vood,P.E. Senior Transportation Engineer 1MUpae July 23,2007 Regular Agenda Item 605 Page 10 of 29 EXHIBIT B 1 Local Road 20' no curb Silvercreek, Dolphin east of Hayes, Marlin, Gatehouse e A. • rt C� a Fire Truck requires minimum 11 ' Clearance Dual wheeled pick up �yy `4 July 23,2007 Regular Agenda Item 605 Page 11 of 29 Local Road 20' no curb Silvercreek, Dolphin east of Hayes, Marlin, Gatehouse 4 L. r Fire Truck requires minimum 11 ' Clearance Dual wheeled pick up 'r3 July 23,2007 Regular Agenda Item 605 Page 12 of 29 1 Local Road 20' no curb Silvercreek, Dolphin east of Hayes, Marlin, Gatehouse • OM) Fire Truck requires minimum 11' Clearance Compact Vehicle • • 'rt July 23,2007 Regular Agenda Item 605 Page 13 of 29 Local Road 20' no curb Silvercreek, Dolphin east of Hayes, Marlin, Gatehouse RNA k 1 • WAN- Fire Truck requires minimum 11' Clearance Compact Vehicle July 23,2007 Regular Agenda Item 605 Page 14 of 29 �MM Local Road 22' no curb Hacienda, Wilson Rd, A Wedgewood, Marcus, Duncan INIMMONNOMMINNO � b • .i • •OM.I FrIUM. arw Zr L: - iwwr Fire Truck requires minimum 11' Clearance Dual wheeled pick up rz ;,d July 23,2007 Regular Agenda Item 605 Page 15 of 29 Local Road 22' no curb Hacienda, Wilson Rd, Wedgewood, Marcus, Duncan sc Yrwa rraY: — f .r Fire Truck requires minimum 11' Clearance Dual wheeled pick up July 23,2007 Regular Agenda Item 605 Page 16 of 29 Local Road 22' no curb Hacienda, Wilson Rd, Wedgewood, Marcus, Duncan t o a RENat J Fire Truck requires minimum 11' Clearance Compact vehicle aY July 23,2007 Regular Agenda Item 605 Page 17 of 29 Local Road 22' no curb Hacienda, Wilson Rd, Wedgewood, Marcus, Duncan 0 4 A o- `` w. Fire Truck requires minimum 11' Clearance Compact vehicle • July 23,2007 Regular Agenda Item 605 Page 18 of 29 Local Road 20' with 2' curbing Bennett, Leopard Trail, Baltic, Andover CR • fi �R ' 4 Fire Truck requires minimum 11' clearance Dual wheeled Pick up July 23,2007 Regular Agenda Item 605 Page 19 of 29 Local Road 20' with 2' curbing Bennett, Leopard Trail, Baltic, Andover m� • N Fire Truck requires minimum 11 ' clearance Dual wheeled Pick up July 23,2007 Regular Agenda Item 605 Page 20 of 29 Local Road 20' with 2' curbing Bennett, Nighthawk, Leopard Trail, Baltic Lane Winding Waters, Eaglenest, Andover • 113111111111111111 C w . ..■ • } V Ny + 'P Fire Truck requires minimum 11' clearance Compact vehicle July 23,2007 Regular Agenda Item 605 Page 21 of 29 Local Road 20' with 2' curbing Bennett, Nighthawk, Leopard Trail, Baltic Lane Winding Waters, Eaglenest, Andover ri J Q Jim m Fire Truck requires minimum 11' clearance Compact vehicle July 23,2007 Regular Agenda Item 605 Page 22 of 29 Local Road 22' with 2' curbing fi Lancers Drive, North Devon, S. Cortez • N _ Fire Truck requires minimum 11 ' clearance Dual Wheeled Pick up .3 July 23,2007 Regular Agenda Item 605 Page 23 of 29 Local Road 22' with 2' curbing Lancers Drive, North Devon, S. Cortez 1_144 J Fire Truck requires minimum 11 clearance Dual Wheeled Pick up jEj July 23,2007 Regular Agenda Item 605 Page 24 of 29 .,i Local Road 22' with 2' curbing Lancers Drive, North Devon, S. Cortez } "-F J } Fire Truck requires minimum 11' clearance Compact Vehicle July 23,2007 Regular Agenda Item 605 Page 25 of 29 Local Road 22' with 2' curbing Lancers Drive, North Devon, S. Cortez A 44 a ' �..f._' • N 01■••■•■•■ • J•S Fire Truck requires minimum 11' clearance Compact Vehicle 3 July 23,2007 Regular Agenda Item 605 Page 26 of 29 is Collector Road 24' with 2' curbing Deer Run, Shane Circle, Papaya Ln, Alderwood its — w • • Fire Truck requires minimum 11 ' clearance Dual wheeled Pick up ti } July 23,2007 Regular Agenda Item 605 Page 27 of 29 Collector Road 24' with 2' curbing Deer Run, Shane Circle, Papaya Ln, Alderwood �E Fire Truck requires minimum 11' clearance Dual wheeled Pick up July 23,2007 Regular Agenda Item 605 Page 28 of 29 Collector Road 24' with 2' curbing Deer Run, Shane Circle, Papaya Ln, Alderwood • • N .. Fire Truck requires minimum 11 ' clearance Compact vehicle } ti July 23,2007 Regular Agenda Item 605 Page 29 of 29 Collector Road 24' with 2' curbing Deer Run, Shane Circle, Papaya Ln, Alderwood Fire Truck requires minimum 11' clearance Compact vehicle COMMISSION AGENDA Consent ITEM 602 Information Public Hearing Regular X October 02,2007 MGR. /"- /DeptC-; • Meeting REQUEST: Police Department Code Enforcement Bureau requests the Commission review information and provide direction regarding alternatives for enforcement of on-street parking in the city,and allowing for on-street parking on certain roadways within the city. PURPOSE: The City Commission on August 27,2007 directed the Code Enforcement Bureau to provide alternatives for considering the use of on-street parking that could be utilized on certain roads within the City. The purpose of this agenda item is to present Code Enforcement's findings and to request direction from the Commission. 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. Under the City's current parking regulations,parking is prohibited on any roadway, except as follows(per City Code Section 12-65.1): 1. Where on-street parking is authorized by City Code for a particular zoning district (currently only in the Town Center Zoning District). 2. A Commission-approved site specific parking zone established by resolution at a public hearing(George Street is the only such parking zone currently in effect). 3. Temporary suspension of on-street parking by resolution for emergencies, special events, or other public purposes. 4. Including delivery vehicles, service providers, and if a resident called the police department having several vehicles visiting them. 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 now in the process of being a violation of City Code. The occurrence of no front yard parking will become an increasingly important concern in many City neighborhoods for multi vehicle owners. } October 02,2007 Regular Agenda Item 601 Page 2 of 26 While we are in the process of prohibiting parking in the yards, equal consideration should be given for how to accommodate the parking demands of 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. However,Code Enforcement still has to frequently contend with on-street parking problems on streets too narrow to safely support on-street parking or in response to resident complaints. Through the years there has been a myth that parking was allowed with two wheels in the right-of-way or all wheels in the right-of-way to avoid parking on the street and this is not true. George Street was the first street approved by the Commission to utilize on-street parking to move vehicles off the yards and sidewalks. On-street parking is working very well on George Street. Chestnut Estates was another community that allowed on-street parking by resolution,and it was a success during the time it was allowed. The Police Department does receive calls daily inquiring about parking options for visitors,relatives,children home for the summer, etc. Over the years Code Enforcement has informed residents to park only on one side of the road while not blocking any driveways. This approach works most of the time but Code Enforcement still receives complaints about parking on the street when this is permitted. In 2003,the consulting firm Glatting Jackson reviewed the City's parking policy and recommended on-street parking along both sides of local streets and along one side of collector streets. Please see Exhibit A for a copy of Glatting's recommendation letter dated March 7,2003. ON-STREET PARKING ANALYSIS: Code Enforcement reviewed the various types of roads within the City which might support on- street parking. These roads are classified as follows: 1. Arterial Roads—Provide regional mobility via both uninterrupted flow and interrupted flow segments. Arterials provide mobility around and through urban and community cores, and accommodate relatively long trip lengths as opposed to providing access to adjacent properties. Some examples are SR 434,US 17-92, SR 419, and Tuskawilla Road(south of SR 434). Arterial roads are not recommended for on-street parking. ti 2. Collector Roads—Provide for movement between local streets and the arterial network. Collectors serve residential, commercial, and industrial areas. Some examples are Shepard Road, Sheoah Boulevard,Moss Road,Winter Springs Boulevard,Northern Way,Hayes Road,and Fisher Road. Collector roads in Winter Springs generally have 28 feet of hard surface which includes 24 feet of asphalt and a 2 foot curb and gutter on each side. Some of these types of roads can and some can not support on street parking. 3. Local Roads—Provide direct access to abutting properties. Local roads accommodate traffic originating in or traveling to properties within a neighborhood,commercial,or { October 02,2007 Regular Agenda Item 601 Page 3 of 26 industrial development. Local roads are not considered part of the major thoroughfare system. Local roads generally have up to 26 feet of hard surface including 20 to 22 feet of asphalt and a 2 foot curb and gutter on each side. Some examples include Leopard Trail, Baltic Lane,Bennett Street, Old White Way, Seneca Meadows,and Nighthawk Circle. Some of these types of roads can and some can not support on street parking. A sample of collector and local roads throughout the City was evaluated by Code Enforcement, including curbed and uncurbed roads.The impact of allowing parking on these streets was evaluated using the smallest vehicle, a compact car,and the largest non-commercial vehicle that could be allowed to park on the street,a dual rear wheeled truck.The largest fire truck requires a minimum clearance of at least 11-feet to safely travel on the roadway. Exhibit B shows the various on-street parking arrangements that could occur with different combinations of vehicle and roadway types. Several arrangements, such as dual rear wheeled trucks parked directly opposite of each other on narrow local streets,do not safely accommodate on-street parking. SUMMARY OF FINDINGS: Code Enforcement's analysis found 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 of multi-vehicle residences in the City has increased. With the City's current prohibition of on-street parking,these multi-vehicle residences are confronted with the problem of where to park additional vehicles to comply with the City Code. While it is acknowledged that the City cannot regulate how many vehicles a person owns,the City can regulate the parking of them. It should be noted that several Homeowners Associations within the City already have bylaws in place prohibiting on-street parking. ROADS THAT DO NOT SUPPORT ON-STREET PARKING: Based on Staff's field review and Glatting Jackson's recommendations, the following roads and streets are not recommended for on-street parking: October 02,2007 Regular Agenda Item 601 Page 4 of 26 Arterial Streets-No Parking Allowed: 1. US 17-92 2. SR 434 3. SR 419 4. Tuskawilla Road(south of SR 434) Collector Roads- On-street parking is not recommended on the following collector roads due to high traffic volumes,insufficient lane width,or other factors: 1. Shepard Road 2. Sheoah Blvd 3. Winter Springs Blvd(east of Tuskawilla) 4. Vistawilla Drive from SR 434 to the trail crossing 5. Fisher Road 6. Shore Road(south of Sailfish) 7. Moss Road 8. Northern Way 9. Trotwood Boulevard(east of Tuskawilla) 10. Hayes Road 11. Tuscora Drive from SR 434 to the trail crossing 12. Greenbriar Lane 13. Dyson Drive 14. Shetland Avenue 15. Wade Street north of SR 419 Other streets where on-street parking is not recommended: 1. Parkstone Blvd 2. Heritage Park Street from the SR 434 to the gate 3. Winding Hollow Blvd from SR 434 to Springview/Brookshire 4. Old Sanford-Oviedo Road 5. Any street with a roadway width of less than 22-feet of parkable street width(includes gutter or Miami curb) 6. Paved streets with no curb and gutter, except as determined on a case-by-case basis Town Center: 1. Parking is allowed in designated on-street parking areas only,except for the 26-foot wide "give way"streets per the Town Center Code,which currently are only in Avery Park and Jesup's Reserve. 2. No parking allowed in alleys. 5 October 02,2007 Regular Agenda Item 601 Page 5 of 26 TWO-YEAR REVIEW OF PARKING CITATIONS ISSUED: Code Enforcement recently reviewed a two-year report of all parking notices issued to identify areas where on-street parking is a problem.The results are summarized as follows: Illegal Parking Notices Issued 2006-07, Non-Gated Gated Total 2006 376 168 544 2007 285 322 607 The report also indicated that in the gated communities, 490 of the 1,151 total notices that were given were in areas that are not recommended for on-street parking because they do not have adequate roadway width to safely support on-street parking. SUMMARY OF ON-STREET PARKING PROS AND CONS: Advantages of on-street parking:, • Provides parking spaces for vehicles currently parked in yards, which better enables the City to prohibit yard parking • Provides natural traffic calming • On-street parking already occurs in the City without significant problems • On-street parking is convenient for guest parking and multi-vehicle residences • Pedestrians are more inclined to use sidewalks when they are not blocked by vehicles parked in yards • City retains the ability to prohibit parking on any street, so that problem areas can be addressed on a case-by-case basis Disadvantages of on-street parking:, • Some residents may not want vehicles parked in front of their residence,even for short periods of time • Some residents cannot park in front of their residence due to limited street frontage, driveways, fire hydrants,etc. • The majority of City Residents have no problems complying with the City's current prohibition of on-street parking(although some comply by parking on their yards) • Perceived that emergency response times will increase • Deterioration of roadway edges along roads with no curb and gutter • Some residents may feel like on-street parking is also a form of neighborhood blight and will lower property values 3'. October 02,2007 Regular Agenda Item 601 Page 6 of 26 i1 CONCLUSION: There are advantages and disadvantages to allowing on-street parking. However,one clear trend is that cities and counties throughout the nation are addressing the problem of parking on yards by prohibiting it as well as offering some type of alternative for multi vehicle owners where supported. Local streets and some collector roads within the City will support on-street parking, 3 and it will be an overall benefit to the community. 3 REGULATORY ENFORCEMENT ALTERNATIVES: The following are some examples of enforcement alternatives currently being used by municipalities for the Commission's consideration: 1. Allowing the use of right-of-ways by property owners by removing sod and replacing '!t with pavers or some other type of approved materials. 2. Allowing the miami curb to be painted white to indicate parking is permitted without the use of multiply signs throughout the neighborhoods. 3. Use of permits for multi vehicle owners on roads that support on street parking.This type of application is one of the more common types found being used by cities. There is a wide range of fees,restrictions, and uses associated to permits. Visitor's permits are also included in this type of use which allows a more user friendly approach for residents. ALTERNATIVES: The following alternatives are provided for the Commission's consideration and direction: Alternative#1 - Allow On-Street Parking Where Supported Amend the current Ordinance to allow on-street parking on all roads except for those roads identified by Staff in this agenda item that do not support on-street parking. Alternative#2- No On-street Parking Beyond Current Regulations Continue with no on-street parking except by zoning code,call in for request from Police Department or Commission approval upon request. October 02,2007 Regular Agenda Item 601 Page 7 of 26 Alternative#3- Implement a one year pilot program allowing on-street parking in selected subdivisions on a temporary basis for evaluation Implement a one year pilot program allowing on-street parking in some City subdivisions. After the one year period, Staff would provide a report to the Commission evaluating the results of the pilot program. RECOMMENDATION: Staff after review of this information and calls from citizens recommends that alternative 3 would be the best choice. This would allow for a transitioning period to take place in the community. ATTACHMENTS: 1. Exhibit A-Letter from Glatting Jackson dated March 7, 2003 2. Exhibit B - Sketches of typical on-street parking arrangements for various street types and vehicle sizes 3. Exhibit C—Example of what a parking permit request might look like. CITY COMMISSION ACTION: t October 02,2007 4 Regular Agenda Item 601 J. Page 8 of 26 3 1 1 EXHIBIT A OLATT1NG 1 JACKSON 1t6ACHIR ANGLIN [C RINSHART v I t i W acts..1.Rs�i�,Jr 9 /MAIL lads March?,2003 {' Iv/IL rice 1 Jock R Oman s Gary S Hoye joy R limed Mr.Kip Lockcul'f,P.B. rssoymp.a... Public Works Director 3 was.C.k..dsrr,jr. City of Winter Springs Whirr M.UM. 1 126 B.State Road 434 :1 414444 Maims& Winter Springs,FL 32708 Jahn ii.Pussy t,y,R It Mahal Re: On-street Parking Policy . . (3J#16.645.01 ;1 °sassy A.a.yl. . thvii a.(3411. Deer Mr.Lockcu`t: Marks r 43344, stxs.d n.c:ocS,.a Introduction Jerem a CaiI.s nic6..l Is.°' J Currently,on-street parking is prohibited in the City of Winter Springs. This policy is being reviewed *me Cll'a for several reasons,including: u,.,d IS.a.f..s °i"'"j""s""s" a) on-street parking is already being permitted around the town center; Lo.'11 Col 13 Limy %Minn 1.11.3k b) on-street parking is taking place without problems on many streets in the City today, xsl.pre j.secxln,ry partidularty for service vehicles,guest parking for house parties,etc.; n..ewj ss<t"..s.o . c) on other streets,on-street parking would help reduce undesirable parking on front lawns,etc. r3 magi.A.Mongers d) or.-street parking occurs successfully in many other cities without posing any safety or street ;; Jost ours it function problems; rs,,,,,s,R.assn4 e) most street designers agree that on-street parking improves the pedestrian environment by Tray r ai., helping buffer theta from moving vehicles;and so L.tw.....,, :) many people will find on-street parking very convenient. 1 Kist wsr I.s...ds c- • The recorunendat ons herein pertain to on-street parking on local and collector streets in the City. 1 towsm r suss L .a'M,.r I steal Streets t MAIM LUk.dd 0.149.14 Wall= The typical local street's cross-section has 24 to 26 fort of hard surface(i.e.2-foot concrete gutter plus c:..,k Was 20 to 22-foot asphalt area plus another 2-foot gutter). Parking is recommended on both sides of local c......s, streets. Obviously,vehicles will be occasionally be parked on both sides of the street leaving 10 to 14 crosses feet between the vehicles. This space is easily within normal,acceptable limits a3 Use n,,.are... Collector Streets Looes.m.o.32401 y I'.On au sxs The typical collector street has 28 feet of hard surface(i.e.2-foot concrete ge cr plus a 24-foot asphalt p wr 439 raw arts plus another 2-foot gutter). Generally,parking is recommended on one side of these streets but .,.nrg,.ei.K.s..n I, Litre.*II 55 sand¢ Glutting Jackson Kercher Anglin Lopez Rinehart,Inc. IC r.6ouc4 Page 1 4. 4. October 02,2007 Regular Agenda Item 601 Page 9 of 26 (C • not on the other. This leaves 20 to 22 feet of hard surface for motor vehicle movement,which is acceptable for collector streets. On low volume collector streets,parking can be permitted on both sides,at the discretion of the Public Works Director. Normally,two-way motor vehicle volumes of fewer than 1,500 vehicles per day or 150 vehicles during the peak hour would be considered low volume. Other Parking Policies Once the above policies are agreed to,then a number of rules need to be adopted such as: Parked vehicles need to be parallel parked. Parked vehicles need to face the direction of travel. Parked vehicles need to be operational and legally tagged. Parked vehicles need to have their right tires on the concrete gutter. Various parts of the streets cannot have on-street parking(i.e.next to fire hydrants,near corners of intersections,on or after sharp curves,etc.) There is an old saying,"No good deed goes unpunished." Changing parking policies as described above will generally be well received. However,there will be unforeseen challenges such as: choosing the side of the street for the on-street parking for collector streets;the odd resident who objects to anyone parking on the street in frost of their property; etc. These problems need to he dealt with as the conic up. Conclusion On-street parking is recommended for the City of Winter Springs for local and collector streets along the policy lines described above. On-street parking will fit nicely on the City's typical street widths and it will be an overall benefit to the community. Sincerely, Ian I cl-wood,P.E. Senior Transportation Engineer IMUpae • October 02,2007 Regular Agenda Item 601 Page 10 of 26 EXHIBIT B Local Road 22' no curb Wilson Rd, Wedgewood, Marcus, Duncan .114 ,44.64i Fire Truck requires minimum 11 ' Clearance Dual wheeled pick up ,;7 October 02,2007 Regular Agenda Item 601 Page 11 of 26 Local Road 22' no curb Wilson Rd, Wedgewood, Marcus, Duncan a i •i W stCG T T ,1 y Fire Truck requires minimum 11 ' Clearance Dual wheeled pick up r October 02,2007 Regular Agenda Item 601 Page 12 of 26 >f: Local Road 22' no curb Wilson Rd, Wedgewood, Marcus, Duncan _ Fire Truck requires minimum 11' Clearance Compact Vehicle October 02,2007 Regular Agenda Item 601 Page 13 of 26 Local Road 22' no curb Wilson Rd, Wedgewood, Marcus, Duncan a apt y eq i A Fire Truck requires minimum 11 ' Clearance Compact Vehicle • October 02,2007 Regular Agenda Item 601 Page 14 of 26 } Local Road 20' with 2' curbing { Bennett, Baltic Lane, Winding waters, Chokecherry • I iinus.+ae.X1 �u! I� rr Fire Truck requires minimum 11' clearance Dual wheeled pick up October 02,2007 Regular Agenda Item 601 Page 15 of 26 Local Road 20' with 2' curbing Bennett, Baltic Lane, Winding waters, Chokecherry O Q A' IF NA Fire Truck requires minimum 11' clearance Dual wheeled pick up October 02,2007 Regular Agenda Item 601 Page 16 of 26 Local Road 20' with 2' curbing Bennett, Baltic Lane, Winding waters, Chokecherry • 46 ' im E 01 111111111111111- it;a.— MIN Fire Truck requires minimum 11' clearance Compact vehicle _�E October 02,2007 Regular Agenda Item 601 Page 17 of 26 Local Road 20' with 2' curbing Bennett, Baltic Lane, Winding waters, Chokecherry N-1C; N ....�, A m NS Fire Truck requires minimum 11' clearance Compact vehicle • October 02,2007 Regular Agenda Item 601 Page 18 of 26 Local Road 22' with 2' curbing Lancers Drive, North Devon, S. Cortez 4 { N4 r � ^� J Hrimir .Z'aw _ Ct Lre N ; — Fire Truck requires minimum of 11 ' clearance Dual Wheeled Pick up October 02,2007 Regular Agenda Item 601 Page 19 of 26 Local Road 22' with 2' curbing Lancers Drive, North Devon, S. Cortez A ', O J J r .A s • 00 � 9 N. Fire Truck requires minimum of 11' clearance Dual Wheeled Pick up -fi October 02,2007 Regular Agenda Item 601 Page 20 of 26 ;.b Local Road 22' with 2' curbing Lancers Drive, North Devon, S. Cortez 7 N IyPtx'J8 Fire Truck requires minimum of 11' clearance Compact Vehicle October 02,2007 Regular Agenda Item 601 Page 21 of 26 • Local Road 22' with 2' curbing Lancers Drive, North Devon, S. Cortez r� J 1 N� Fire Truck requires minimum of 11' clearance Compact Vehicle October 02,2007 Regular Agenda Item 601 Page 22 of 26 • 2 Collector Road 24' with 2' curbing Shane Circle, Deer Run, Papaya Ln, Alderwood cc: _Q V V 14 9 Fire Truck requires minimum 11 ' clearance 3 Dual Wheeled Pick up 4 October 02,2007 . Regular Agenda Item 601 Page 23 of 26 • Collector Road 24' with 2' curbing Shane Circle, Deer Run, Papaya Ln, Alderwood r 'S II 717,5,7 N e- v r4• Fire Truck requires minimum 11 ' clearance - Dual Wheeled Pick up October 02,2007 Regular Agenda Item 601 Page 24 of 26 Collector Road 24' with 2' curbing Shane Circle, Deer Run, Papaya Ln, Alderwood 2: H(E214 ni J r: N Fire Truck requires minimum 11 ' clearance Compact Vehicle October 02,2007 Regular Agenda Item 601 Page 25 of 26 Collector Road 24' with 2' curbing Shane Circle, Deer Run, Papaya Ln, Alderwood g o OD V s Fire Truck requires minimum 11' clearance Compact Vehicle EXHIBIT C Residential Parking Permit Application Form Date of Application:October 2,2007 Name of Property Owner Property Owner Address:000 Street Winter Springs,Florida 32708... ., • Phone:000—000-0000 . . . if you are a resident of Winter Springs,you an eligible to receive a resident parking permit for each of your vehicles.You are also eligible to receive a visitor's parking permits.Vehicles displaying a resident or visitor parking permit are only valid at the physical address identified in this application. • Prior to the issuance of any residential permits,all outstaidina narkine citations must, be paid.The permits issued will depend on the final review of your documents.Failure • to•attach the required documents will cause delay or denial of the permit. • I am the Property Owner in an authorized residential parking permit area. • Proof of current residenccDrivcr License. • . Community Oak Forest IIOA Restrictions No for on-street parking,if restricted { by HOA or non authorized street parking permit is not available for issue. • • I want to Apply for my Residential parking permit. • • The yearly foe is$25.00 for first vehicle and$10.00 each additional vehicle including over night:visitor permits. • The yearly fee is$25.00 for overnight visitor parking permits. ` • There is no fee for short term visitor parking for social event however formal application for address is required less than 4 hours. • Permits must be renewed on January Id of each year. I also acknowledge that failure to properly display these permits may result in the issuance of a valid citation,and it is my responsibility to inform all members of my household and visitors on the correct usage of my permits. Signature Printed Name Date FOR.OFFICE USE Id Vehicle Permit No. l Visitor Number 2"Vehicle Permit No. 2nd Visitor Number. 3'd Vehicle Permit No. 3'd Visitor Number Date Received Permits.Signature • • 1 CITY OF WINTER SPRINGS,FLORIDA NINUTES CITY COMMISSION REGULAR MEETING-JULY 23,2007 PAGE 22 OF 23 Discussion. "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER MILLER DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED., REGULAR 604. Community Development Department Requests The City Commission Review The Final Engineering/Site Plan For The 30,000 S.F. (Square Foot)2-Story Inwood Office Building On 3.86 Acres Within The Oviedo Marketplace DM (Department Of Regional Impact) Parcel 14. This Is Phase 1 Of A 2-Phase 45,000 S.F. (Square Foot)Building. Mr. Baker spoke on this Agenda Item. "MOTION TO APPROVE." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER MILLER DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. REGULAR 605. Police Department And Code Enforcement Bureau Requests The Commission Review Information And Provide Direction Regarding Alternatives For Enforcement Of Parking And/Or Storage Of Vehicles In Front Or Side Yards Facing The Street, And Allowing For On-Street Parking On Certain Roadways Within The City. Captain Glenn Tolleson, Code Enforcement Bureau, Police Department spoke on this Agenda Item. mow/ r CITY OF WINTER SPRINGS,FLORIDA NINUTES CITY COMMISSION REGULAR MEETING—JULY 23,2007 PAGE 23 OF 23 Tape 3/Side B Discussion continued. "I AM GOING TO MAKE A MOTION THAT WE ADOPT `ALTERNATIVE (#1 2'." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER GILMORE: NAY COMMISSIONER BROWN: AYE DEPUTY MAYOR McGINNIS: NAY MAYOR BUSH: AYE MOTION CARRIED. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 9:37 p.m. RESPECTFULLY SUBMITTED: DANIELLE HARKER, ASSISTANT TO THE CITY CLERK AND AN A ORENZO-LUACES, CMC CITY CLERK APPROVED. di kuzee • J sir F. BUSH F OR NOTE: These Minutes were approved at the August 13,2007 Regular City Commission Meeting. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING—OCTOBER 2,2007 PAGE 7 OF 12 REGULAR 601. Office Of The City Manager POSTPONED Requesting The City Commission To Hear An Appeal From Mr. Lon Miller Of 1314 Deer Run Regarding An Improperly Issued Fence Permit. (This Agenda Item Is Being Postponed To The October 22, 2007 Regular City Commission Meeting At The Request Of The Applicant). Manager McLemore said,"We recommend that this be delayed for another two (2)weeks at the request of his Attorney. He has brought on Mr. [Michael D.] Jones as his Attorney and he did request documents and time to prepare to present his Appeal." "I MAKE A MOTION WE MOVE IT TO THE FIRST MEETING IN NOVEMBER." MOTION BY COMMISSIONER GILMORE. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER GILMORE: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. REGULAR 602. Police Department—Code Enforcement Bureau Requests The Commission Review Information And Provide Direction Regarding Alternatives For Enforcement Of On-Street Parking In The City,And Allowing For On-Street Parking On Certain Roadways Within The City. Captain Glenn Tolleson, Police Department spoke on this Agenda Item. Discussion. Tape 1/Side B Further discussion continued. Mr. Brian Fields, P.E., City Engineer, Public Works Department addressed questions from the City Commission. Further discussion. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING—OCTOBER 2,2007 PAGE 8 OF 12 Manager McLemore said to Captain Tolleson, "Were you recommending in these areas, just blanket approval or were you recommending a permit type process?" Captain Tolleson responded by saying, "We were not talking about a permit process as of yet,just a blanket approval..." Manager McLemore added, "...Just monitor it and see how it works." Manager McLemore then noted, "So, the answer was, it would be open parking for a year?" Captain Tolleson said, "One (1) year, yes Sir." Manager McLemore then asked, "Is there any validity to trying it a couple different ways in different neighborhoods?" Captain Tolleson said, "Be happy to." Continuing, Manager McLemore said, "Would you try a permit system in one (1) area and just open parking in another?" Captain Tolleson said, "We could do that..." Manager McLemore said, "...And see how the two (2) work." Captain Tolleson said, "We could do that. I could design a permit that would..." Manager McLemore said, "...It just might confuse people too." Captain Tolleson said, "It may, but if we can get into these different neighborhoods - we can split it up and see how it works—would you want that permit to be on a Fee basis or would it be on trial and error?" Manager McLemore said, "Initially, I would assume it wouldn't be Fee basis, it just would be trial for control purposes." Captain Tolleson said, "We could do that." Tape 2/Side A Discussion. "I MAKE A MOTION THEN THAT WE APPROVE ON A CASE BY CASE BASIS CITY-WIDE STREET PARKING -IF IT WILL FIT AND IT MEETS ALL THE SAFETY STANDARDS AND ROAD STANDARDS AND THE ABILITY FOR FIRE EQUIPMENT TO GET UP AND DOWN THE STREET— ON THOSE AREAS OF THE CITY WHERE THERE IS CURBING." MOTION BY COMMISSIONER MILLER. MOTION DIED FOR LACK OF A SECOND. "I MOVE THAT WE IMPLEMENT Alternative [#] 3 AS PROPOSED BY CAPTAIN TOLLESON TO IMPLEMENT A ONE (1) YEAR PILOT PROGRAM ALLOWING ON-STREET PARKING IN SELECTIVE SUBDIVISIONS ON A TEMPORARY BASIS AND EVALUATE IT IN A YEAR. HE MENTIONED THE NEIGHBORHOODS AS MT. GREENWOOD, OAK FOREST, AND NORTH ORLANDO TERRACE - BASED ON YOUR DETERMINATION OF WHAT ROADS CAN ACCOMMODATE THAT." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. tiµ CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING-OCTOBER 2,2007 PAGE 9 OF 12 DEPUTY MAYOR McGINNIS SAID, "HAVE IT FOR THESE THREE (3) COMMUNITIES ON A TRIAL BASIS AND IF ANYBODY WANTS TO PETITION - WE HAVE HAD PETITIONERS COME IN BEFORE AND WE HAVE GRANTED IT FOR COMMUNITIES WHO WANTED THAT ON- STREET PARKING." COMMISSIONER KREBS SAID, "I WOULD LIKE TO AMEND THE MOTION TO INCLUDE ANY AREA OF THE CITY THAT — CAN ACCOMMODATE THIS TYPE OF PARKING, MEANING THE STREETS." COMMISSIONER KREBS ADDED, "I WOULD LIKE THIS MOTION — I WOULD LIKE TO INCLUDE THE WHOLE CITY." MAYOR BUSH SAID, "THE AMENDMENT TO THE MOTION IS REALLY THE MOTION..." COMMISSIONER KREBS SAID, "...WHAT COMMISSIONER MILLER HAD SAID,"YES." MAYOR BUSH NOTED, "THE AMENDMENT IS THAT THIS WOULD MAKE IT CITY-WIDE." COMMISSIONER KREBS SAID, "RIGHT." MAYOR BUSH SAID, "WHICH WAS THE MOTION THAT DID NOT GET A SECOND." COMMISSIONER KREBS SAID, "IT WAS FROM THE MOTION THAT DID NOT GET A SECOND." COMMISSIONER KREBS RESTATED HER MOTION BY SAYING, "I WANTED TO AMEND THE MOTION TO MAKE IT CITY-WIDE SO THAT IT WAS EQUITABLE." AMENDMENT TO THE MOTION BY COMMISSIONER KREBS. SECONDED BY COMMISSIONER MILLER. DISCUSSION. COMMISSIONER MILLER SAID, "THE AMENDMENT TO THE AMENDMENT IS THAT EACH CASE MUST REQUEST A PERMIT AND THAT THE PERMIT WOULD BE VALID FOR ONE (1) YEAR; THAT A TAG WOULD BE ISSUED TO THE VEHICLE, THAT ONE (1) PARTICULAR VEHICLE AND NOT OTHER VEHICLES AND THAT IT WOULD ONLY BE FOR ONE (1) YEAR, FOR THE VEHICLE." AMENDMENT TO THE AMENDMENT TO THE MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. COMMISSIONER MILLER ADDED, "TWENTY-FIVE DOLLARS ($25.00) FOR THE PERMIT IN THE MOTION." SECONDED BY COMMISSIONER KREBS. DISCUSSION. t CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING-OCTOBER 2,2007 PAGE 10 OF 12 MANAGER McLEMORE SAID, "I WOULD LIKE TO RECOMMEND THIS MATTER BE TABLED. WE CAN COME BACK TO YOU." "I MOTION THIS AGENDA ITEM BE TABLED AND BROUGHT BACK." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER MILLER. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER GILMORE: AYE MOTION CARRIED. +0 AGENDA NOTE: THE FOLLOWING ISSUES WERE DISCUSSED NEXT, AS DOCUMENTED. •:•+ Ms. Elsie Bledsoe, 180 East Panama Road, Winter Springs, Florida: spoke about her property and requested a lot split. Manager McLemore said, "It would have to be Agended for consideration. My question is, have we not already considered this lot split?" Commissioner Krebs said, "We have; and it was the reason - we came up with the —current Ordinance." Manager McLemore then asked, "Does the Commission want an Agenda Item prepared on this or not?" "MOTION TO DENY." MOTION BY COMMISSIONER MILLER. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Mr. Jeff Morris, 725 Seneca Meadows Road, Winter Springs, Florida: spoke about on- street parking. rtt • COMMISSION AGENDA Consent ITEM 600 Information Public Hearing Regular X December 15,2008 MGR. /De Meeting REQUEST: Police Department Code Enforcement Bureau requests the Commission review alternatives and provide direction regarding the 9 month survey of on-street parking pilot program. PURPOSE: The City Commission on January 14,2008 directed the Code Enforcement Bureau to conduct a 9 month on street parking survey in 3 designated areas. At the end of the survey to bring back the results that may be used to implement an on-street parking program on certain roadways within the City and under certain conditions. The purpose of this agenda item is to present these results and to request direction from the Commission. 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. • December 15,2008 Regular Agenda Item 600 Page 2 of 4 In order to prohibit parking in the yards, consideration should be given for how to accommodate the parking demands at multi-vehicle residences and for normal visitor parking. On-street a 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. However, the Police Department still has to frequently contend with on-street parking problems on streets too narrow 1 to safely support on-street parking or in response to resident complaints. 1 CURRENT PARKING REGULATIONS: Under the City's current parking regulations, parking is prohibited on any roadway,except as follows(per City Code Section 12-65.1): 1 I. Temporary suspension of on-street parking by resolution for emergencies, special events, 1 or other public purposes. 2. Temporary parking for delivery vehicles and other service providers. 1 3. Temporary on-street visitor parking based on a resident's call to and approval by the police department(not overnight). 4. Where on-street parking is authorized by City Code for a particular zoning district (currently only in the Town Center Zoning District). 5. A Commission-approved site specific parking zone established by resolution at a public hearing(George Street is the only such parking zone currently in effect and Chestnut Estates which has expired and not renewed). 1 SUMMARY OF FINDINGS: A 9 month comprehensive study of on street parking, yard parking and its effects was conducted 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. We 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 is contained in the power point presentation of the studied criteria for each community. Code Enforcement's analysis found 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 I (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 I deterioration of ground cover, curbs, sidewalks, and neighborhood blight. 'I Second, the number of multi-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 1 1 • December 15,2008 Regular Agenda Item 600 Page 3 of 4 little to no problems of where to park additional vehicles to comply with the City Code and removed vehicles from yards. While it is acknowledged that the City cannot regulate how many vehicles a person owns, or their property rights with use of garages,the City can regulate the parking of them. It should be noted that several Homeowners Associations within the City already have bylaws in place prohibiting on-street parking. ALTERNATIVES: The following alternatives are provided for the Commission's consideration and direction: Alternative#1 - Prohibit Parking in Yards; Allow On-Street Parking Where Supported Amend the current Ordinance to prohibit parking on front and side yards fronting a street and allow on-street parking on all roads except for those roads identified by Staff in this agenda item that do not support on-street parking. Alternative#2 - Prohibit Parking in Yards; No On-street Parking Beyond Current Regulations Amend current Ordinance to prohibit parking on front and side yards fronting a street and continue with no on-street parking except by zoning code or Commission approval upon request. Alternative#3 - Prohibit Parking in Yards; Continue to allow on-street parking in selected subdivisions for continued evaluation Amend current Ordinance to prohibit parking on front and side yards fronting a street and allowing on-street parking in the three studied City subdivisions. Staff will continue evaluating the subdivisions for additional results of the program. RECOMMENDATION: Staff recommends the Commission review the information contained in this agenda item and provide direction regarding possible changes to the City's current parking ordinances. December 15,2008 Regular Agenda Item 600 Page 4 of 4 The Staff recommends Alternative 3,consisting of no yard parking and allowing on-street parking in selected neighborhoods with continued evaluation. This would allow a transition period and would enable the City to adjust the policy and the implementation process. Any neighborhood could still participate in an on street program upon request if it has streets that can safely accommodate on-street parking. ATTACHMENTS: CITY COMMISSION ACTION: • 7� City of Winter Springs Residential Parking Survey February 18, 2008 — November 18, 2008 Background The residents of Winter Springs and Police Department have been experiencing increased parking issues over the years. This currently has also been subject of several Commission meetings. > The main purpose of the study was to review the existing situations and develop realistic strategies for the resolution of parking related issues. Stud y Approach This study involved a survey of on street parking within the selected 3 areas, gated communities, and current regulated on street parking areas. The main aspects of the study tasks included: • Review of the existing situation and data. • Pilot survey to test strategies. • Prepare a final parking strategy. Two Models of Parking Regulations 1 Prescriptive, Citywide approach . Study of selected areas . Current ordinances and regulations Residential area requested approach to Commission that addresses problems in a specific impacted area a Existing Statutory Authority s City prohibits parking on Streets and right-of- ways except on private roadways not open to the general public unless it is a traffic safety issue. City by resolution may lift prohibition on all street parking were supported. City by resolution may lift prohibition by specific areas at the request of residents. This has already occurred with George Street and Chestnut Ridge. Not recommended for on street parking. Arterial Streets Greenbrier Lane US 17.92 Dyson Drive SR 434 Shetland Avenue SR 419 Tuskawilla Road(South of SR 434) Wade Street > Collector Roads > Other Streets aarkincr not Shepard Road recommended Sheoah Blvd Parkstone Blvd Winter Springs Blvd(East of Tuskawilla) Heritage Park Community Vistawilla Drive Fisher Road Winding Hollow Blvd SR 434 to Brookshire Shore Road(South of Sailfish) Old Sanford-Oviedo Road Moss Road Any street with a roadway less than 22 ft. Northern Way of parkable street including curb&gutter Trotwood Blvd(East of Tuskawilla) Paved streets with no curb&gutter Hayes Road Where prohibited by traffic control signs Tuscora Drive from SR 434 i ' I Extent of the Problem • The degree of impact varies from place to I place throughout the city. 1 > Limited driveway parking. • Maintaining availability of garages. • Not all streets support .arkin PP parking. • Economics • Guest parking. 3 1 I Yard Parking Needs to be included in Code Section 12- 1 65 as prohibited. 4 I > Residents prefer to continually use yard and right-of-ways in place of streets. Y s P ets. Residents also have changed parking I areas on properties for additional parking. Continued enforcement will only increase on street parking. 1 44 i t 1 , • . . • - .;• 111 ''''• ,'• . • . • . 1. • r. .1 • . • ... • 4 \ ; 4 * � \ \ • - ,• \ ' > \ . , >\: . — 2 c ■ \ j \ j ) I ] ) 1 I ) ) %&' > , . a � \.y> \ 2' ) I ) . » , , . . . • .Ofiiiiiiiiiiiiiiiip- y . � „t..,.. ‘ ) , 1 2 1 4 • rt r/ r� �u , • fri?. r 1111 TT: • • • • 1 • 1 . I w ... i i 3 Other Jurisdictions 1 >Some examples of other 1 local areas that allow right- I of-way parking. g 1 1 i ii i i €, .. .: 1 • 1 Causes/Contributors to on street Parking • Multiple drivers in one dwelling. > Garage conversions or storage in the garage. Gated communities have private roadways. r. Visitors, extended family members and parties. • Home Owner Associations not enforcing parking restrictions in conjunction with City. • Current City policy permits residents to call the Police Department and we allow on-street ;pfl parking. Ft i 1 i Concerns with on street parking. • Inconvenience to > Children must stay on residents. sidewalk. • Takes longer to leave > Fire truck can't get neighborhood down the street. because I have to s Property values. drive slower. ➢ Backing out of • Don't like anybody driveway. parking in front of my > Traffic crash's will house. increase. Congested appearance. Advantages of on-street Parking • Provides parking spaces for vehicles currently parking in yards, which better enables the prohibition of yard parking. • Provides natural traffic calming. • Reduction of traffic crashes and speeding violations. • On-street parking already occurs without significant issues. • Convenient for guest and multi-vehicles. 1 1 I I Study Area Results i ni Oak Forest >Mt. Greenwood Units 1 &2 North Orlando Terrace I .1 i t Oak Forest On-Street Parking Map _1 i_ f q. u�Ln:0.mar �s` ' "I V'< rte ; "" rJUN-S . ii I � , � '"'`!-.- � pct , „ r ' ++ �'. -r cc 1'` f/llip"& - -.. ``y'��IIIIIIII,r. V� VCii� I 7 �} ` i� :” -� a ii tc� �i mo s . y ..i ` l-fir* Q 1 _ `hr: c + .:.off ...�o r,c:101••M•• ua itiov' fi a'u"c 4,...4i-y���1/i'. cr�ea■ m on-itraat Parking a m Tamporartly rarlttad >`I I I :tip I 1 a r • • Oak Forest 1000 800 800 400 200 Sent Returned In Fa%or Against Multi-Veh Use Don't Use Use Yard Garage Garage I - 1 4 t ' 1 . " • , i'• ". , ../ ',...1. .:. • ,. , i1 l 4. „ 1 1 :4I 1- I I . , • It I V 4 .... .. . . . . . 1 • • . 4...4, V. 4:- • -;": •. ":,' i • -, • fi I .1 k ii . , ........ , . . , . . 2.,. Cf9 3 008 08°15 . 1 . „ , , . .... . . , 1 . ... -....: ,.., 1 , 1 -,0 , . fi 3. 1 Y Mt. Greenwood On-Street Parkin. Map • r�.- -,• a 43J ■ Jr-/://"."0,"\ts al 4 r VIsotle-Ii • �Qle ,It j i►v. ,.n r.1,as, 1 7 Q iiDp+.v i.. �� 4r;„ an .4,,:n 71 �u -niti. -.� ,i car,r i t ► .t.:Al.. P- n1 i .( s e'' .n Ct� aV �• �� -.-m- On-OW.14n Parking T•mpor.rlly Permitted e,.,A,, ..r 1" b w e . • • • J Y • S 1 1 Mt. Greenwood 300 ` 1 1 250 200 150 100 III 50 0 Sent Returned In Paver Against Milti-Veh Use Dont Use Use Yard Garage Garage IIIP ` �� tt e ,% 10.. 4 V'1.., , 1/2. i C.^ �` .p u .r + ,f14.::,;^ it tw ° • !3( } ,r I 4 • • North Orlando T•rrac•On-Str•at Parking Map tzw ni�a��- :inta" ©w MS, ^J�al as !A 111,11 itIM via c�r� 7a�¢ "tare,i t@ti .ftri R!Ml n ow y�6 ihL : IrY�i+�flr�i �•ras I:c -dwri © t 7Q -416 Pol r r • a�P1 "4!bris� • �7 4.00 ►f w .-3 ate rjr^�,.r- .id'`-R rye 0111"11.tiu.s tz )99; w „gyy. calola SA ce1106.4,0 ac On-litrNt Parking Temporarily Permitted I \ 1 ) A I:.' . . • - 1 , © . d : ' ) \ J® a\z—\�\\ /.y\� ^ \ .. /~ §� \ �: z .. ) . . z . . ----,•\ ^ ^\� � \ : \ w s :. • _ , • •4- \ : _\ « . . ^ I ) INorth Orlando Terrace ] ) 1 I 600 1 . 2 ) 500 4# ) 300 ) 1 ) 1 ) ,« \ . * , . Sent ___ In Favor Against bwh ae o_a. Use Yard \ Garage �.g J \ fat i • • • x , A Pre-Survey Parking Enforcement Actions Total 690 Infractions _ 700 1 ,00 300 s 200 100 Q44. 4' '� im 1 ie °� ``v d,. I Post Survey Parking Enforcement Actions Total 484 Infractions 450 350 300 250 200 150 ■ 100 50 0 cf I 0446 I „see' iet. ,, Q -, ." p �� ,, 4, ,fQ 0 G.qo I i Pre-Survey Moving Traffic Citations 80 70 Al 60 011 500111 40 30 On 20 0. 10 g 10 al 0 Oak Forest Mt. Greenwood North Orlando Terrace Post Survey Moving Traffic Citations 35 31 30 25 20 15 10 4 5 0 Oak Forest Mt.Greenwood North Orlando Terrace I • Pre-Survey Traffic Crash's ,flour 9 " 8 r 7 8 5 0 4 3 2 211 1 m 0 � Oak Forest Mt.Greenwood North Orlando Terrace Post Survey Traffic Crash's 3 :ij11 • 0.5 �u o ' Oak Forest Mt.Greenwood North Orlando Terrace On Street Parking Enforcement in other Local Jurisdictions • Allow on-street parking except where prohibited by signs. • Enforcement is complaint driven unless blocking the roadway. • Use Citizens on Patrol or Community Service Officers. • Parking citations and collection. Parking Strategy • The assessment of parking situation shows a medium to low level of on street parking activity within the study areas. It should also be realized that parking strategies need to be based on a balanced and realistic measures. • The review of parking situation also indicates that any restrictive measures along streets within the study areas will impact on and off site parking. • The survey neighborhoods, with the implementation of on street parking has solved their problems with guest and multi vehicles. Staff Recommendations SItemathhYe 01-Prohibit Parking in Yards;Allow On-Street Parking Where upported. Amend the current Ordinance to prohibit parking on front and side yards fronting a street and allow on-street parking on all roads'except for those roads identified by Staff in this agenda item that do not support on-street parking. . Iterpative 02-Prohibit Parking in Yards;No On-street Parking Beyond Current Regulations. Amend current Ordinance to prohibit parking on front and side yards fronting a street and continue with no on-street parking except by zoning code or Commission approval upon request. Alterpativet N3-Prohibit Parking in Yards;Continue to allow on-street parking in selected subdivisions for evaluation. Amend current Ordinance to prohibit parking on front and side yards,fronting a street and allowing on-street parking in the three studied City subdivisions.Staff will continue evaluating the subdivisions for additional results program. I CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING—DECEMBER 15,2008 PAGE 9 OF 15 ❖+ AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED NEXT,IN THE ORDER DOCUMENTED. •• REGULAR AGENDA (PART II) REGULAR 601. Office Of The City Manager Requesting A Discussion Of The Arts' Festival Budget. Mr. Charles Lacey, 733 Bear Creek Circle, Winter Springs, Florida: commented on this Agenda Item. Tape 1/Side B Discussion. "I AM GOING TO MAKE A MOTION THAT WE APPLY THIS THOUSAND FOURTEEN DOLLARS ($1,014.00) IN FAVOR OF THE CHAMBER." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Mayor Bush called a Recess at 7:01 p.m. The Regular Meeting was called back to Order by Mayor Bush. REGULAR 600. Police Department—Code Enforcement Bureau Requests The Commission Review Alternatives And Provide Direction Regarding The 9 Month Survey Of On-Street Parking Pilot Program. Captain Glenn Tolleson, Code Enforcement Bureau, Police Department addressed the City Commission on this issue; and a PowerPoint Presentation was shown to the City Commission. Manager McLemore left the Commission Chambers at 7:36 p.m. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION 4 SPECIAL MEETING—DECEMBER 15,2008 PAGE 10 OF 15 1 Tape 2/Side A Discussion ensued. Manager McLemore returned to the Commission Chambers at 8:06 p.m. Further discussion. Commissioner Sally McGinnis commented on her support and said to Captain Tolleson, "Good job." Much discussion. i Captain Tolleson asked, "Would you like to see all the same data as far as the traffic crashes, the moving violations?" Deputy Mayor Krebs answered, "Yes." Commissioner McGinnis remarked,"Yes." Discussion. Mayor Bush opened "Public Input". Ms. Pamela Carroll, 865 Dyson Drive, Winter Springs, Florida: as the President of the I Tuscawilla Homeowner's Association, Ms. Carroll spoke of a Vote which opposed parking in yards and streets in the Tuscawilla community. Ms. Pamela Carroll, 865 Dyson Drive, Winter Springs, Florida: as a citizen, Ms. Carroll spoke of registering cars with unpaid parking tickets. Mayor Bush asked Attorney Garganese, "Can the Clerk of the Court just refuse to do that?" Attorney Garganese stated,"I will have to research it." "Public Input"was closed j With further discussion, Mayor Bush suggested that only an Ordinance that can be enforced should be considered. Tape 2/Side B Discussion continued. Captain Tolleson commented on penalization and noted, "If I run into that issue, I'm going to bring that back to you all and say this is what we have run into - I understand 1 what you want to do. And, actually, we could take Alternative #3 and include that very language." i 4 1 CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING-DECEMBER 15,2008 PAGE 11 OF 15 Mayor Bush said that "Captain Tolleson knows more about this than anybody sitting up here, because he deals with it day in and day out; and - I think he does a great job and he uses good judgement and it is a judgement call a lot of times; and I think that the recommendation as I believe you had made, is Alternative #3 - prohibit parking in the yards - continue to allow on-street parking in selected subdivisions for evaluation. What do you mean?" Captain Tolleson noted, "The three (3) selected subdivisions — actually Oak Forest,Mount Greenwood Units I&II, and North Orlando Terrace." Interim Chief of Police Kevin Brunelle remarked, "I understand completely what you are saying,and we've already implemented a plan to do the education part." Commissioner McGinnis commented,"Good." Mayor Bush remarked,"Good point." "I MAKE A MOTION THAT WE ADOPT OR ASK THE POLICE DEPARTMENT TO MOVE FORWARD WITH Alternative #3 AND INCORPORATING OR COMING BACK TO US WITH THEIR PROPOSAL FOR EXPANDING THE NEIGHBORHOODS THAT WILL BE SURVEYED." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. Further comments followed on future parking related to residences in the Town Center. Mayor Bush again opened "Public Input". Mr. Darryl Thomas, 104 Windsor Crescent Street, Winter Springs, Florida: commented on families;parking for guests;traffic safety; and taxes. Mayor Bush then closed "Public Input". In other City business, discussion followed on Investments and the"CDARS"(Certificate Of Deposit Account Registry Services)Program. Ms. Michelle Greco, Director, Finance Department addressed concerns of the City Commission. Discussion. 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 I of 6 ti 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'h DCA 1982); City of Lake Wales v. Lamar Adver. Ass'n of Lakeland, Fla ., 414 So. 2d 1030 (Fla. 1982) (recognizing that"[zooning 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.3rd 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 7 (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 anyportion 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. (b)Definitions. Forpurposes ofthis 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. (3) "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. (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(101 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 feaiure, 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 j , 1 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)I f 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 s$ (4) The designated parking area shall be constructed with one or more of the approved construction materials identified in subsection(e). i (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. 1 City of Winter Springs Ordinance No.2009-02 tiPage 4 of 6 I 4 x t in When Site Construction Permit Required. A site constructionpermit 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 I ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 10th day of August,2009. (--/-12i7L.) /56, /,' J N F. BUSH,Mayor ATTE Ta AR iI RENZO-LUACES, City Clerk Approved s to legal form and sufficiency for the Ci f inter Springs only: ANTHONY A.GARGANESE,City Attorney First Reading: July 27, 2009 Second Reading: August 10,2009 Effective Date: August 10, 2009 3 City of Winter Springs Ordinance No.2009-02 Page 6 of 6 t ILLUSTRATION 20-439 (A) FRONT YARD STANDARD k ` 3.''t}�4: "1";.. ;t S ' 3y,,,t ,T d "+,"a a`P' - Y {i E�..v AliI Tst c # *t t Psi' ' ILLUSTRATION 20-439 (B) SIDE YARD STANDARD 'rc"7ft � u 0 y n r A P P, t r"' gyp { i t < 4 •h W �t�srw y.R;e;R*O 4 O •R w a 4 Y r .'t +¢x v t�s p r�k w a• TAR a 1�• .rrz 1)rnvewa}' DPA` Designated Parking Area ffj, Garage Area Sidewalk _ r CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—JULY 27,2009 PAGE 10 OF 18 REPORTS 408. Commission Seat One—Jean Hovey Commissioner Hovey asked about electronic signs and a previous request from Indian Trails Middle School related to electronic signage. Brief discussion. Tape 1/Side B PUBLIC INPUT Mr. Dale Kirby, 122 Seville Chase Drive, Winter Springs, Florida: complimented Manager Smith and Staff on the Budget process. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office Of The City Attorney And The Police Department — Code Enforcement Bureau Requests That The City Commission Hold A Second Public Hearing To Consider Ordinance Number 2009-07, Amending Chapter 20 Of The City Of Winter Springs Code Of Ordinances, As It Relates To Commercial Vehicles In Residentially Zoned Area. Attorney Garganese read the Ordinance by"Title"only. Deputy Mayor Krebs opened the "Public Input"portion of the Agenda Item. No one spoke. Deputy Mayor Krebs closed the "Public Input"portion of the Agenda Item. "MOTION TO APPROVE" [ORDINANCE 2009-07]. MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 27,2009 PAGE II OF 18 PUBLIC HEARINGS 501. Office Of The City Attorney And The Police Department — Code Enforcement Bureau Requests That The City Commission Hold A 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. "MOTION TO READ BY 'TITLE'." MOTION BY COMMISSIONER BONNER. SECONDED BY COMMISSIONER BROWN. DISCUSSION. } VOTE: COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2009-02 by"Title"only 1 Deputy Mayor Krebs opened the "Public Input"portion of the Agenda Item. No one spoke. Deputy Mayor Krebs closed the "Public Input"portion of the A g enda Item. Captain Tolleson addressed the Commission regarding this Ordinance. Discussion. Commissioner Hovey said to Captain Tolleson, "When it is finalized, if you send it to me, I will forward it to the PTA (Parent-Teacher Association) Presidents in Winter Springs, so they can distribute." Further discussion. "MOTION THAT WE MOVE TO SECOND READING." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-JULY 27,2009 PAGE 12 OF 18 VOTE: COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Office Of The City Attorney And The Police Department Requests That The City Commission Hold A Second Public Hearing To Consider Ordinance Number 2009-11,Amending Chapter 12 Of The City Of Winter Springs Code Of Ordinances, As It Relates To Operation Of Golf Carts On Certain City Roadways. Attorney Garganese read the Ordinance by"Title"only. Deputy Mayor Krebs opened the "Public Input"portion of the Agenda Item. No one spoke. Deputy Mayor Krebs closed the "Public Input"portion of the Agenda Item. Brief discussion followed with Captain Tolleson. "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER HOVEY. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 503. Public Works Department Requesting The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance # (Number) 2009-12, Updating The Impact Fee Credit Schedule For The Police,Fire, Parks And Recreation,And Public Buildings Impact Fees For 2009 To 2013. Attorney Garganese read Ordinance 2009-12 by"Title"only. COY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-AUGUST 10,2009 PAGE 9 OF 16 Commissioner McGinnis mentioned she had an idea to share and would try to attend this week's meeting. Further comments. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office Of The City Attorney And The 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. Commissioner McGinnis spoke for the Record and stated that "I think you have done a great job." Attorney Garganese read the Ordinance by"Title"only. Brief comments were made by Captain Glenn Tolleson,Police Department. Mayor Bush opened the "Public Input"portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input"portion of the Agenda Item. "MOTION TO APPROVE ON SECOND READING." MOTION BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE MOTION CARRIED.,