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HomeMy WebLinkAboutResolution 2013-06 Parking MoratoriumRESOLUTION NO. 2013-06 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, TEMPORARILY SUSPENDING THE PROHIBITION OF PARKING ON CERTAIN ROADWAYS WITHIN THE CITY PURSUANT TO THE AUTHORITY SET FORTH IN SECTION 12- 65(1)a.3. AND AS SET FORTH HEREIN; PROVIDING THE CITY MANAGER SHALL CONDUCT A PLANNING STUDY TO RECOMMEND TO THE CITY COMMISSION WHETHER THE CITY'S ON- STREET PARKING REGULATIONS SHOULD BE MODIFIED OR REPEALED, IN WHOLE OR IN PART; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE.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, section 12- 65(1)a.3. of the City Code authorizes the City Commission to temporarily suspend the prohibition of parking vehicles on any roadway for public purposes; and WHEREAS, the City Commission desires to temporarily suspend the prohibition of parking vehicles on certain roadways pursuant to section 12- 65(1)a.3 in order to allow the City sufficient time to conduct a planning study and hold one or more public meetings in order to determine whether said regulations should be modified or repealed by the City Commission, in whole or in part, in the future; and WHEREAS, the City Commission of the City of Winter Springs deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this Resolution. Section 2. Declaration of Public Purpose; Required Planning Study. The City Commission hereby declares that temporarily suspending the prohibition of parking vehicles on roadways serves a significant public purpose under the terms and conditions set forth herein. During the suspension period, the City Manager, in consultation with the City's Police Chief, is hereby directed to conduct City of Winter Springs Resolution No. 2013 -06 Page 1 of 3 a planning study regarding the City's on- street parking regulations and make a written recommendation at a public meeting of the City Commission on whether said regulations should be modified or repealed by the City Commission, in whole or in part, in the future. The City Manager's recommendation shall be due no later than six (6) months from the effective date of this Resolution unless additional time is granted by the City Commission. Section 3. Implementing Section 12- 65(1)a.3. of the City Code. A. Except for the roadways set forth in paragraph B, the prohibition of on- street parking on City roads is hereby temporarily suspended for a period of six (6) months, commencing on the effective date of this Resolution. Said time period shall be automatically extended if the City Manager is granted additional time by the City Commission to conduct the planning study required in accordance Section 2 of this Resolution. B. The temporary suspension provided for herein shall not apply to: 1. The roadways set forth in Exhibit "A" which is attached hereto and fully incorporated herein by reference. 2. Any roadway not open to the general public for travel including, but not limited to, private roadways in gated communities. Section 4. Emergency /Public Safety Situations. Nothing herein shall prohibit the City from prohibiting on- street parking on any street located within the City in the event of an emergency or in order to safeguard the public health, safety, and welfare. Section 5. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 7. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. City of Winter Springs Resolution No. 2013 -06 Page 2 of 3 DONE AND ADOPTED in regular session of the City Commission of the City of Winter Springs, Florida, this 25th day of February, 2013. ATTEST: ORENZO - LUACES, City Clerk Approved as to legal form and sufficiency for the City, --•gnter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution No. 2013 -06 Page 3 of 3 Exhibit A The following is a list of the streets where on- street parking is NOT allowed: Arterial Roads: 1. US 17 -92 2. SR 434 3. SR 419 4. Tuskawilla Road (south of SR 434) Collector Roads: 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 16. Edgemon Ave 17. Vistawilla Drive from SR 434 to the trail crossing 18. Winding Hollow Blvd from SR 434 to Springview /Brookshire 19. Orange Avenue, except in designated parallel parking spaces 20. Michael Blake Blvd (from SR 434 to the trail crossing) Other Streets: 1. Parkstone Blvd 2. Heritage Park Street from the SR 434 to the gate 3. Old Sanford - Oviedo Road 4. Any street with a roadway width of less than 22 -feet of parkable street width (includes gutter or Miami curb) 5. Paved streets with no curb or gutter, except as determined on a case -by -case basis