Loading...
HomeMy WebLinkAbout2009 03 04 Public Hearing 500 Ordinance 2009-02 Revised Chapter 20, Division 2, Motor VehiclesLPA/P&Z ITEM 500 March 4, 2009 Meeting Consent Informational Public Hearin X Re ular REQUEST: The City Attorney's office and Community Development Department request the LPA/P&Z hold a Public Hearing related to Ordinance 2009-02 which revises the Chapter 20, Division 2, Motor Vehicles portion of the City Code, to prohibit parking vehicles on sidewalks and in front yards. PURPOSE: To add appropriate text to the Code of Ordinances, creating Section 20-438, prohibiting parking vehicles in front yards or on the sidewalk. APPLICABLE LAW AND PUBLIC POLICY: Florida Municipal Home Rule Powers Act. Subsection 166.041(3)(c), Florida Statutes. City Comprehehsive Plan Winter Springs Charter Section 4.15 Ordinances in General. 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. March 4, 2009 LPA/P&Z PUBLIC HEARING ITEM 500 Page ~ 2 In order to prohibit parking in the yazds, the Police Department considered how to accommodate the parking demands at multi-vehicle residences and for normal visitor pazking. On-street parking is already taking place in some City neighborhoods with limited problems, such as blocked or obstructed roadways by delivery, yard care, or personal vehicles. The Police Department still has to frequently contend with on-street parking problems on streets too narrow to safely support on-street parking or in response to resident complaints. Current Parking Regulations: Under the City's current parking regulations, parking is prohibited on any roadway, except as follows (City Code Subsection 12-65 (1)): 1. Temporary suspension of on-street parking by resolution for emergencies, special events, or other public purposes. 2. Temporary parking for delivery vehicles and other service providers. 3. Temporary on-street visitor pazking 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. ACommission-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). Parking Study: The Police Department conducted a 9 month comprehensive study of on street parking, yazd pazking and its effects in Oak Forest, Mt. Greenwood Units 1&2, and North Orlando Terrace from February 18, 2008 to November 18, 2008. This study included on street parking, removing vehicles from yards and a questionnaire survey. The survey included questions such as preference of on street parking, yard parking and use of garages. They also examined both the pre and post effects of pazking citations, traffic citations and traffic crashes as well in the study azea. A complete analysis was done for each of these neighborhoods. The analysis revealed two issues related to parking in the yazds that directly impact each other. First, the City has a growing problem with increasing numbers of vehicles being parked in front or side yazds 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 yazds unless on an approved impervious parking surface, the City would stop the deterioration of ground cover, curbs, sidewalks, and neighborhood blight. Second, the number ofmulti-vehicle residences in the City has increased. With the City's current lift of prohibition for on-street pazking in the studied azeas, these residences experienced very little to no problems of where to park additional vehicles to comply with the City Code and removed vehicles from yazds. It should be noted that several Homeowners Associations within the City already have bylaws in March 4, 2009 LPA/P&Z PUBLIC HEARING ITEM 500 Page ~ 3 place prohibiting on-street parking. Commission Directive: Staff provided three (3) alternative recommendations to the City Commission at a special December 15, 2008 Commission meeting (1. Prohibit parking in yards and allow on-street parking where supported, 2. Prohibit parking in yards and allow no on-street parking beyond current regulations, and 3. Prohibit parking in yards and continue to allow on- street parking in selected subdivisions for continued evaluation). The Commission voted unanimously to adopt alternative number 3: prohibiting parking in yards and continue to allow on-street parking in selected subdivisions for continued evaluation. The commission vote further directed staff to expand the neighborhoods that will be surveyed. Alternative Draft Ordinances: An alternative version of the ordinance is set forth in Attachment "B." This version allows parking on any part of the driveway, including parking that obstructs the public sidewalk. Parking over the sidewalk creates a hazard or impediment for all pedestrians, particularly people using wheelchairs, walkers, or strollers as well as children who may be forced into nearby travel lanes. As written, the alternate proposal does not distinguish between driveways that are long or wide enough to accommodate vehicles without parking over the sidewalk and driveways which are clearly inadequate for one or more large vehicles. Staff has concern that this provision to block sidewalks conflicts with and significantly compromises the Comprehensive Plan Transportation Element Objective 1.5 and some of its associated policies for protecting and expanding safe and effective pedestrian and other multi- modal options. FINDINGS: 1. The City recognized that there is a growing problem within the City of persons parking vehicles within residential front yards that were intended to be open space, green space or over sidewalks space for pedestrian traffic. 2. The City determined that preserving the open and green space areas of front yards is necessary to preserve the residential character, integrity, and unique aesthetic qualities of neighborhoods within the City. 3. The City recognized that it is within the City's inherent police power to protect the public health, safety, and welfare by maintaining sidewalks free from vehicular obstruction. 4. The City recognized that Florida has long recognized that local governments may legislate to protect the appearance of their communities and that neighborhood aesthetics are an integral part of maintaining property values and are relevant zoning considerations. 5. The proposed Ordinance No. 2009-02 as set forth in Attachment "A" is consistent with the City's Comprehensive Plan and applicable state law. STAFF RECOMMENDATION: Staff recommends that the LPA/P&Z Board hold a Public Hearing for both drafts of Ordinance 2009-02 and recommend approval of the original version (Attachment "A"). March 4, 2009 LPA/P&Z PUBLIC HEARING ITEM 500 Page ~ 4 ATTACHMENTS: A. Draft Ordinance 2009-02 -original draft B. Draft Ordinance 2009-02 -modified draft C. Transportation Element Policy 1.5 and associated policies (adopted version) LPA/P&Z ACTION: ATTACHMENT A 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; 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 Ciry 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 Ciry 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 fmds that maintaining sidewalks free of vehicular obstruction is necessary for the well-being of pedestrian travelers; and city of winter springs Ordinance No. 2009-02 Page 1 of 3 WHEREAS, the Ciry Commission also fmds that Florida has long recognized that local governments may legislate to protect the appearance of their communities as a legitimate exercise of their inherent police powers. See City of Sunrise v. D.C.A. Homes, 421 So. 2d 1084 (Fla. 4`~ DCA 1982); City of Lake Wales v. Lamar Adver. Assn of Lakeland, Fla., 414 So. 2d 1030 (Fla. 1982) (recognizing that "[z]oning solely for aesthetic purposes is an idea whose time has come; it is not outside the scope of the police power"); City of Coral Gables v. Wood, 305 So. 2d 261 (Fla. 3rd DCA 1974) ("[a]esthetic considerations have been held to be a valid basis of zoning in Florida."); 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 defuution 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 COMNIISSION 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 Parkin Vehicles in Residential Front Yards and on Sidewalks Prohibited. (a) The parking of anv vehicle within the front yard of anv residential lot shall be prohibited unless said vehicle is parked on a driveway constructed of concrete, asphalt or pavers. (b) The parking of anv vehicle on or over anv sidewalk adiacent to any residential lot is hereby prohibited For pu_~oses of this subsection the term sidewalk shall include the actual sidewalk and also the area between the sidewalk and the edge of the street pavement or curb area. (c) A violation of this section may be prosecuted before the code enforcement board or shall be classified as class I civil citation violation. city of winter springs Ordinance No. 2009-02 Page 2 of 3 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 shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading maybe changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors maybe corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code maybe 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. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2009. JOHN F. BU5H, Mayor ATTEST: ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2009-02 Page 3 of 3 ATTACHMENT B 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; 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 fords that maintaining sidewalks free of vehicular obstruction is necessary for the well-being of pedestrian travelers; and City of winter Springs Ordinance No. 2009-02 Page 1 of 4 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. Assn of Lakeland, Fla., 414 So. 2d 1030 (Fla. 1982) (recognizing that "[z]oning solely for aesthetic purposes is an idea whose time has come; it is not outside the scope of the police power"); City of Coral Gables v. Wood, 305 So. 2d 261(Fla. 3`~ DCA 1974) ("[a]esthetic considerations have been held to be a valid basis of zoning in Florida."); 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 Ciry Commission recognizes that the defmition of "front yard" is defined in section 20-1 of the City Code and that said defmition 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 Ciry 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 Ciry 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 constructed of concrete asphalt or pavers. For purposes of this subsection the term driveway includes that portion of any sidewalk and driveway apron which extends the lot driveway to the street right-of--way. (b) The parking of any vehicle on or over any sidewalk adiacent to any residential lot is hereby prohibited For purposes of this subsection the term sidewalk shall include the actual sidewalk and also the area between the sidewalk and the edge of the street pavement or curb area. However parking shall be permitted on that portion of the sidewalk and driveway apron which extends the lot driveway to the street right-of--way. City of Winter Springs Ordinance No. 2009-02 Page 2 of 4 (c) A violation of this section may be prosecuted before the code enforcement board or shall be classified as class I civil citation violation. 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 shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading maybe changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors maybe 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. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2009. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACE5, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney First Reading: city of winter springs Ordinance No. 2009-02 Page 3 of 4 Second Reading: Effective Date: City of Winter Springs Ordinance No. 2009-02 Page 4 of 4 ATTACHMENT C CITY OF WINTER SPRINGS COMPREHENSIVE PLAN TRANSPORTATION ELEMENT Policy 1.4.4: The Ciry shall continue requiring dedication of needed rights-of--way from new development, through subdivision regulations and applicable local ordinances. Policy 1.4.5: The City shall amend the setback requirements, zoning restrictions and right-of--way protection requirements, if necessary, to make the regulations consistent with this element. Policy 1.4.G: The City shall ensure adequate rights-of--way protection for intersections, interchanges and future park-and-ride sites in order to retain flexibility for future growth and expansion. Policy 1.4.7: The City shall ensure that the development of the Town Center provides the necessary right-of--way for the proposed Town Center Boulevard. Policy 1.4.8: The Ciry shall continue to maintain minimum rights-of--way requirements in the City Code for new roadways. Policy 1.4.9: The City shall pursue grant opportunities for median landscaping and road beautification. Policy 1.4.10: The City, in its land development regulations shall require the dedication of all needed rights-of--way and necessary roadway improvements for all new development, and adopt provisions to protect dedication of roads to the City. (Ord. 2005-11; 09-12-05) Policy 1.4.11: The City shall acquire right-of--ways for future transportation needs as funds become available. (Ord. 2005-i1; 09-12-OS) Policy 1.4.12: The City shall designate U.S. Highway 17/92 as a mass transit corridor. Objective 1.5: Multi-Modal System. The City shall promote alternative modes of transportation to provide a safe and efficient multi-modal system. Policy 1.5.1: Winter Springs shall continue to adopt revisions to the land development regulations to include guidelines and criteria consistent with nationally recognized standards and tailored to local conditions which provide for safe and convenient on-site traffic flow, adequate pedestrian ways and sidewalks, as well as sufficient on-site parking for both motorized and non-motorized vehicles. Policy 1.5.2: The Ciry shall develop standards in the City Code for access to public transit, bicycle and pedestrian systems. Such standards shall apply to new developments, substantial improvements of existing developments, and to road improvements. (Ord. 2005-11; 09-12-05) II-46 CITY OF WINTER SPRINGS COMPREHENSIVE PLAN TRANSPORTATION ELEMENT Policy 1.5.3: The City shall ensure the provision and maintenance of bicycle and pedestrian walkways to supplement collector roads between residential areas and parks, schools, and other major attractors. Specific provisions for the establishment and maintenance of bicycle pedestrian walkways shall include, but not necessarily be limited to the following: • The Ciry shall review all proposed development for its accommodation of bicycle and pedestrian traffic needs; • The land development regulations shall continue to require all new developments to provide bicycle parking space; and • Sidewalks or other pedestrian ways shall be provided where feasible and appropriate along all roadways. Policy 1.5.4: The Ciry shall develop standards for maximum number of parking spaces to encourage walking, bicycling, ridesharing, transit use, and shared parking: Policy 1.5.5: The City shall review the City Code to address provision of bus stops, bike parking and circulation, pedestrian walkways, and handicap accessible facilities within new developments and existing developments undergoing substantial improvements. Site plan reviews will ensure that intermodal transfers are efficiently implemented. Policy 1.5.6: The City shall review the City Code to address safe and convenient on- site traffic flow, which includes motorized and non-motorized circulation and parking. Policy 1.5.7: The City shall encourage increased land use densities and mixed uses, consistent with the Future Land Use Element to enhance the feasibility of transit and promote alternative transportation modes. Policy 1.5.8: The City shall amend the Ciry Code to require that new development be compatible with and further the achievement of the Transportation Element. Requirements for compatibility may include but are not limited to: • Orienting pedestrian access to transit centers and existing and planned routes; • Locating parking to the side or behind the development to provide pedestrian accessibility of building entrances and walkways to the street, rather than separating the building from the street by parking; and II-47 CITY OF WINTER SPRINGS rl1MPRF.T-TF.NSTVE PLAN TRANSPORTATION ELEMENT ~ Providing clearly delineated routes through parking lots to safely accommodate pedestrian and bicycle circulation. Policy 1.5.9: The City shall include landscaping and streetscaping as roadway design components in order to enhance the function of the road for all users. Policy 1.5.10: A Pedestrian Circulation Master Plan shall be prepared, adopted and implemented by the City. Priority will be given to those walkways for which heavy recreational usage is projected, as well as those along roadways between residential areas and schools, which can be implemented concurrently with other roadway improvements. (Ord. 2005- 11; 09-12-05) Policy 1.5.11: The City's roadway system management will require implementation and construction of an adequate and safe pedestrian circulation system. Policy 1.5.12: The City shall require that sidewalks be constructed concurrently with new development, by the developer. Additional sidewalks will be constructed in existing developed areas when requested. (Ord. 2008-2G; 11- 24-08) (Cross Reference: See Capital Improvements Element, Policy 1.4.5) Policy 1.5.13: The City Code shall be amended to require that new residential developments with densities of one or more dwelling units per acre provide sidewalks on both sides of every street. Policy 1.5.14: Except in the Town Center, where bikes are allowed to use travel lanes, bike paths shall be established on one side of every arterial and collector street with sidewalks established on the opposite side of all arterial streets. The City shall coordinate with the MPO, the County and the State to expand the current bicycle system. (Ord. 2004-43; 01-24-05) Policy 1.5.15: Whenever possible, intersections shall be made pedestrian-friendly by limiting the crossing width to 48 feet; use of adequate lighting; adequate timing for traffic signals; and the provision of facilities for the handicapped. The City shall coordinate with FDOT and the County to implement this policy. Policy 1.5.16: Continue to work with other jurisdictions to convert the former railroad into a corridor for alternative modes of travel within the City -walking trails, birycle paths, equestrian and recreation. Policy 1.5.17: The City shall establish a monitoring system to measure the achievement of the City's multi-modal transportation goals. (Ord. 2005-11; 09-12-05} II-48