HomeMy WebLinkAbout2009 03 10 Public Hearings 501 Ordinance 2009-02 Revises Chapter 20, Division 2, Motor Vehicles Portion Of The City Code, Prohibiting Parking Vehicles On Sidewalks and Front Yards'a
LPA/P&Z
ADD-ON
ITEM 501
Consent
Informational
Public Hearin X
Re ular
March 10, 2009
Meeting
REQUEST:
The City Attorney's Ofhce And Community Development Department Request The LPA (Local
Planning Agency)/P&Z (Planning And Zoning Board)To Remove From The Table And Then
Discuss To 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:
Americans with Disabilities Act of 1990
Florida Municipal Home Rule Powers Act.
Chanter 553, Florida Statutes
Chanter 316. Florida Statutes State Uniform Traffic Control.
Subsection 166.041(3)(c). Florida Statutes.
Section 163.3174. Florida Statutes, Local planning asency.
Section 163.3194. Florida Statute. Leal status of comprehensive elan.
Florida Buildine Code (Chapter 11).
City Comprehensive Plan
Winter Snrin~s 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
March 10, 2009
LPA/P&Z PUBLIC HEARING ITEM 501
Page ~ 2
occurrence of front yard pazking has become an increasingly important concern in many City
neighborhoods. If allowed to continue, parking on yazds 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 yazds, including the survey area aze 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 yazds is the increased potential for broken
curbs and sidewalks as vehicles drive in and out of yards.
In order to prohibit pazking in the yazds, the Police Department considered how to accommodate
the parking demands at multi-vehicle residences and for normal visitor parking. On-street parking
is already taking place in some City neighborhoods with limited problems, such as blocked or
obstructed roadways by delivery, yard care, or personal vehicles. The Police Department still has
to frequently contend with on-street pazking problems on streets too narrow to safely support on-
street pazking (at least on both sides) or in response to resident complaints.
Current Parking on the Roadway Surface: Under the City's current parking regulations,
pazking is prohibited on any roadway, except as follows (City Code Subsection 12-65 (1) and
Section 17-1):
1. "Parking of vehicles on roadways maybe expressly authorized by City Code within a
particulaz zoning district.
2. The city commission may on acase-by-case basis establish site specific parking zones on
roadways for vehicles. Such parking zones shall be established by resolution at a public
hearing.. .
3. The city commission my temporary [sic] suspend by resolution, the prohibition of parking
vehicles on any roadway for emergencies, special events, or other public purposes. The
resolution shall identify the dates, time and name of the roadway9s) or portion thereof
which parking of vehucles shall be allowed."
Parking on the Sidewalk: Parkins on the sidewalk is prohibited by both state law and the
Ci Code. Subsection 316.003 (47), Florida Statutes, defines a "sidewalk" to be "That portion
of a street between the curbline, or the lateral line, of a roadway and the adjacent property
lines, intended for use by pedestrians." Subsection 316.003 (53) (a), Florida Statutes, defines
"street or highway" as "The entire width between the boundary lines of every way or place of
whatever nature when any part thereof is open to the use of the public for public purposes
of vehicular traffic." Subsection 316.1945 (1), Florida Statutes, states "Except when
necessary to avoid conflict with other traffic, or in compliance with law or the directions of
a police officer or official traffic control device, no person shall:
(a) Stop, stand, or park a vehicle:
1. On the roadway side of any vehicle stopped or parked at the edge or curb of a
street.
2. On a sidewalk.
3. ...~~
March 10, 2009
LPA/P&Z PUBLIC HEARING ITEM 501
Page ~ 3
Since the definition of "street" encompasses the "sidewalk," Subsection 316.2045 (1), Florida
Statutes, demonstrates the legislative prescription for pedestrian protection, stating "It is unlawful
for any person or persons willfully to obstruct the free, convenient, and normal use of any public
street...or by endangering the safe movement of vehicles or pedestrians traveling thereon..."
State law clearly directs pedestrians to walk on the sidewallcs (where available) and out of
vehicular traffic, except where it is not possible or reasonable. Subsection 316.130 (3), Florida
Statutes, states "Where sidewalks are provided, no pedestrian shall, unless required by other
circumstances, walk along and upon the portion of a roadway paved for vehicular traffic."
Chapter 11 of the Florida Building Code incorporates Sections 553.501 through 553.513, Florida
Statutes, (the "Florida Americans With Disabilities Accessibility Implementation Act'). This
incorporates the federal Americans with Disabilities Act of 1990. The Florida Building Code
provides standards and requirements for sidewalks, curb ramps, etc. Chapter 11 makes multiple
references to a minimum accessible width of 36 inches for constricted areas (e.g. 11-4.7.3 & 11-
4.8.3). Parked vehicle overhangs are not to reduce the clear width of an accessible pedestrian
route.
The Transportation Element of the City's comprehensive plan addresses safe sidewalks and
pedestrian systems. Objective 1.5 and its associated policies (please see Attachment "C")
defend and promote safe, convenient, and efficient pedestrian ways and sidewalks. Most
pertinent to this discussion are Objective 1.5, Policy 1.5.1, Policy 1.5.3, and 1.5.11.
Section 163.3194, Florida Statutes, requires "All land development regulations enacted or
amended shall be consistent with the adopted comprehensive plan, or element, or portion
thereof..." Section 163.3177, Florida Statutes, requires the Local Planning Agency to review
proposed land development regulations, land development codes, or amendments thereto
and make recommendations to the City Commission as to the consistency of the proposal
with the adopted comprehensive plan, or element, or portion thereof.
Rule 9J-5.023, Florida Administrative Code, sets forth Criteria for determining consistency of
land development regulations with the Comprehensive Plan -within the responsibilities of the
Local Planning Agency. It states that the LPA shall make a determination of consistency of a
land development regulation with the comprehensive plan will be based upon whether the
land development regulations are compatible with the comprehensive plan, further the
comprehensive plan, and implement the comprehensive plan. The term "compatible" means
that the land development regulations are not in conflict with the comprehensive plan. The term
"further" means that the land development regulations take action in the direction of realizing
goals or policies of the comprehensive plan.
The City Code does not define either a "driveway" or "sidewalk." Section 9-299 of the Code
depicts a construction diagram for a driveway, but this is not to be used to define a driveway or a
sidewalk - it is a construction diagram and nothing more. Sections 12-65 and 17-1 of the City
March 10, 2009
LPA/P&Z PUBLIC HEARING ITEM 501
Page ~ 4
Code prohibit parking on or obstructing the sidewalk, which is consistent with Section
316.1945, Florida Statutes. Section 9-276 of the Code defines "oil street parking space" and
Section 9-277 sets forth off-street parking requirements for single-family and multi-family
housing. Section 9-278 allows parking spaces to be gravel or hard-surfaced.
Parking Study: The Police Department conducted a 9 month comprehensive study of on
street parking, yard parking and its effects in Oak Forest, Mt. Greenwood Units 1&2, and
North Orlando Terrace from February 18, 2008 to November 18, 2008. This study included on
street parking, removing vehicles from yards and a questionnaire survey. The survey included
questions such as preference of on street parking, yard parking and use of garages. They also
examined both the pre and post effects of parking citations, traffic citations and traffic crashes as
well in the study area. A complete analysis was done for each of these neighborhoods.
The analysis revealed two issues related to parking in the yards that directly impact each other.
First, the City has a growing problem with increasing numbers of vehicles being parked in front or
side yards fronting the street, which is unsightly and contributes to neighborhood blight.
Currently, the City code only prolibits parking on right-of--ways and streets (with exceptions as
noted previously). By amending the City Code to include no parking on front or side yards unless
on an approved impervious parking surface, the City would stop the deterioration of ground
cover, curbs, sidewalks, and neighborhood blight.
Second, the number ofmulti-vehicle residences in the City has increased. With the City's current
lift of prohibition for on-street parking in the studied areas, these residences experienced very
little to no problems of where to park additional vehicles to comply with the City Code and
removed vehicles from yards.
It should be noted that several Homeowners Associations within the City already have bylaws in
place prohibiting on-street parking.
Commission Directive: Staffprovided three (3) ahternative 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 staffto expand the neighborhoods that will be surveyed.
March 4, 2009 LPA/P&Z: At the March 4, 2009 LPA/P&Z, the staff provided two (2) draft
ordinances, at the City Attorney's direction. One draft allowed vehicles to park in the driveways
across public sidewalks and the other prolibited parking across sidewalks. The LPAlP&Z voted to
table to time certain, March 10, 2009, and directed staffto work on a clear recommendation.
Staff Response: Staff(Community Development, Public Works, and Police) met on Thursday,
March 10, 2009
LPA/P&Z PUBLIC HEARING ITEM 501
Page ~ 5
March 5, 2009 and discussed the primary public safety issues at stake: (1) blocking the roadway
surfaces from emergency vehicle access and (2) blocking the sidewalks from use by pedestrians and
the mobility impaired (particularly the very old, the very young, and the disabled or otherwise
mobility-impaired). Planning staffinet with the City Attorney on Friday, March 6, 2009, reviewing
the statutory and comprehensive plan provisions as well as the large number of unpaved driveways
within the City. The City Attorney stated he would review the applicable Americans With Disabilities
Act provisions and amend the draft.
FINDINGS:
1. There is a growing problem within the City of persons parking vehicles within residential
front yards that were intended to be green space or over sidewalks for pedestrian traffic.
2. Preserving the green space areas of front yards is necessary to preserve the residential
character, integrity, and unique aesthetic qualities of neighborhoods within the City.
3. It is within the City's inherent police power to protect the public health, safety, and
welfare by maintaining sidewalks free of vehicular obstruction.
4. Florida has long recognized that local governments may legislate the appearance of their
communities and that neighborhood aesthetics are an integral part of maintaining property
values and are relevant zoning considerations.
5. Florida law defines "sidewalk."
6. Florida law and the City's Code prohibit parking motor vehicles over a public sidewalk.
7. The City's comprehensive plan (Transportation Element Objective 1.5 and its associated
policies defend and promote safe, convenient, and efficient sidewalks.
8. The proposed Ordinance No. 2009-02 as amended in Attachment "A" is consistent with
the City's comprehensive plan and applicable state law.
9. Florida law requires new regulations to be consistent with and further the comprehensive
plan and portions thereof.
10. Florida law requires the LPA to review new regulations as to consistency with the
comprehensive plan.
STAFF RECOMMENDATION:
Staff recommends that the LPA/P&Z Board remove this item from the table and hold a Public
Hearing regarding Ordinance 2009-02, find it consistent with the comprehensive plan, and
recommend approval.
ATTACHMENTS:
A. Draft Ordinance 2009-02 (revised)
B. 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 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
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 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 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 anv vehicle within the front yard of anv residential lot shall be prohibited
unless said vehicle is parked on a driveway.
(b) The parking of anv vehicle on or over anv sidewalk adl'acent to anv 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.
(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 of prior 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 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
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-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
CITY OF WINTER SPRINGS
COMPREHENSIVE PLAN TRANSPORTATION ELEMENT
Policy 1.4.4: The City 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 City 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. 2005-11; 09-12-05)
Policy 1.4.12: The City shall designate U.S. Highway 17/92 as a mass transit corridor.
Objective 1.5: Mr~lti-lllodal System. The City shall promote alternative modes of
transportation to prov ide 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 City 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-IZ-05)
II-46
CITY OF WINTER SPRINGS
~rnvtPRF.HFNSIVE 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 City 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 City shall develop standards for maximum number of parking spaces
to encourage walking, bicycling, ridesharing, transit use, and shared
parking_
Policy 1.5.5: The Ciry 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.G: The Ciry 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 City 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
COMPREHENSIVE 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. 2008-26; 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; O1-24-05)
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 Ciry 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, bicycle 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