City of Falls Church

Transcription

1 Meeting Date: City of Falls Church Title: ORDINANCE TO AMEND CHAPTER 26, ARTICLE TWO OF THE CITY CODE WITH RESPECT TO RESIDENTIAL PARKING RESTRICTIONS Agenda No.: 10(b)(2) Proposed Motion: MOVE to grant first reading of and schedule a public hearing and second reading for March 28, 2016 and the same be advertised according to law. Originating Dept. Head: Wyatt Shields, City Manager City Manager: Wyatt Shields FWS 3/9/16 City Attorney: Carol McCoskrie CWM 03/10/2016 Disposition by Council: CFO: Richard LaCondré RAL City Clerk: Celeste Heath CEH REQUEST: Council is requested to grant first reading to an amendment to Chapter 26 of the City Code to permit the City Residential Parking Permit Program to use a parking permits other than the City Decal for certain residential parking restrictions in the City. RECOMMENDATION: Staff recommends granting first reading to the ordinance amendment. BACKGROUND: With higher density development, the City is increasingly hearing from residents of nearby established neighborhoods who are concerned about having their streets impacted by additional parking by customers and residents of the new development. Recent examples include E. Jefferson Street (Northgate); Winter Hill (Harris Teeter Project under construction); and Park Avenue and Grove Avenue (proposed Mason Row project). For Park Avenue the City has received a formal petition requesting residential parking restrictions. For Winter Hill II, the City received a request from the HOA and is working with them and the HOA for the Winter Hill Condominium Association on new parking restrictions on the public streets there. Existing policy, as expressed in City Code (adopted 2008) for on street parking is geared toward allowing two hour parking on residential streets adjacent to commercial districts during business hours, with no restrictions on parking after business hours. This policy can be seen in effect on Park Avenue, Pennsylvania Avenue, N. Lee and N. Oak Streets, as the Spectrum, Broadway, and Hilton Garden Inn projects were built in recent years. Similarly, the two hour parking regulation was put into effect on S. Maple, Gibson, Shirley, and W. Westmoreland when Pearson Square was under construction. The City also has several Permit-Only Parking (8 am to 5pm Mon Fri) zones on residential streets adjacent to commercial zones that predate the current ordinance. These restrictions were put in place prior to adoption of the 2008 Ordinance on W.

2 Page 2 of Greenway, W. George Mason, W. Marshall; S. Lee and S. Oak; E. Jefferson; and on Birch Street. Lastly, the City also has commuter parking restrictions in place on residential streets near the East Falls Church metro station. With some exceptions, the City decal serves as the permit in the City s Residential Permit Parking Zones. Using the decal as the permit allows for ease of administration and enforcement, and is convenient for residents - avoiding having to procure special placards or bumper stickers from City Hall. Placards are provided upon request for guests, etc. Using the decal also means that any City resident with a current decal can park in the permit only zone. Prior City Councils have supported this policy on the principle that City tax payers should have the ability to park in the public right of way. The decal as permit policy has generally met with success for residents near commercial zones, as judged by the lack of complaints received (though it occasionally gives rise to a complaint from residents in permit only zones near East Falls Church). However, in established residential neighborhoods adjacent to commercial properties that are being redeveloped with mixed use development; the City is hearing from petitioners that the City Decal as Permit rule will not address their concern, because new apartment residents possibly will store vehicles on their street. From a public policy perspective, the City approves mixed use projects with the expectation that they provide sufficient parking for their tenants, and approvals are made with transportation demand management plans that the developers are responsible for administering with City oversight. Having parking restrictions on nearby residential streets can protect against undue overcrowding of neighboring streets, and may help ensure that those TDM plans are being administered effectively. Such restrictions will also help maintain the character of lower density residential neighborhoods. Accordingly, a change in the City Code is appropriate, to allow the City Manager to administer parking regulations by issuing permits other than the City decal to protect the neighborhoods from parking encroachment from higher density uses. The ordinance amendment is tailored to that specific change. FISCAL IMPACT: By requiring a sticker other than the City decal, costs can be expected to be approximately $5000. TIMING: Routine. The City is currently working with the Winter Hill neighborhood to institute new residential parking permit regulations this spring. The petitions for residential only parking restrictions for the portions of Park Avenue and Grove Avenue adjacent to Mason Row will be administered in the same time frame as that for the site plan consideration by the Planning Commission.

3 Page 3 of ORDINANCE TO AMEND CHAPTER 26, ARTICLE TWO OF THE CITY CODE WITH RESPECT TO RESIDENTIAL PARKING RESTRICTIONS THE CITY OF FALLS CHURCH HEREBY ORDAINS that Chapter 26, Article II of the City Code be amended as follows: Sec Issuance or removal of on-street residential parking restrictions. (a) The city manager shall designate new parking restrictions or remove existing parking restrictions on streets within a district where residential uses are permitted according to the following process: (1) Initiation. An individual citizen, groups of citizens, civic association, business, developer, city staff, or the city council may initiate a request for the addition or removal of parking restrictions through a written request to staff. (2) Petition. Staff will provide the petitioner with a request for restricted parking petition form. The petitioner is required to obtain signatures of support for parking restrictions on a block from a minimum of 75 percent of the households located on the block. If a minimum of 75 percent of the households sign the petition indicating support for adding or removing parking restrictions on that block, then data collection will begin. (3) Data collection. The police department will conduct field observations over a one-week period. The following guidelines will be considered when evaluating the block: a. Fifty percent of the available parking spaces on that block are filled. b. Twenty-five percent of those vehicles are from outside the city. (4) Decision. The city manager shall decide, based on the police department survey and the neighborhood petition, whether or not to designate the area under consideration as a restricted area or to remove the designation in the case of an established restricted area. a. Parking restrictions in residential districts abutting metro stations shall limit on-street parking to four hours unless otherwise determined by the city manager. b. Parking restrictions in residential districts abutting commercial corridors shall limit on-street parking to two hours unless otherwise determined by the city manager. c. Current parking restrictions shall remain in effect unless a petition is filed by the parties named in subsection (a)(1) of this section requesting the city manager's office review a change to the existing designation.

4 Page 4 of (5) Notice. The decision of the city manager shall be announced through the notification of property owners within the boundaries of the restricted area. The notice shall clearly state the exact location and boundaries of the restricted area, and the reasons why such area has been designated or withdrawn as a restricted parking area. In addition to property owner notification, a similar notification shall be prominently posted within the area for ten days prior to the installation of parking signs. (b) The parking restrictions shall not apply to persons who are residents, with vehicles owned by those persons and registered in the city. Proof of registration, as indicated by a city registration decal, shall serve as the parking permit and shall exempt those vehicles from residential parking restrictions except that in parking zones for which a separate parking permit sticker or placard is issued by the City, no vehicle shall be exempt from such restrictions unless such vehicle displays a City-issued sticker or placard. (c) On the application of any resident of the district, the chief of police or his authorized designee, may issue visitors permits upon a showing by the resident that, during the hours for which the permits are sought, his residence will be used in such a way consistent with its residential character and other provisions of law, that visitors to his residence would not be able to park without violating the law. If the chief of police shall find the foregoing facts and further find that the issuance of the permits will not unduly impair traffic safety during the time of their validity, he shall issue such permits and may limit the streets or portions of streets on which they shall be valid. (d) Any holder of a visitor permit shall show to the chief of police or his authorized representative, satisfactory evidence that he fulfills all the conditions for such a permit. Whenever the conditions no longer exist, the person holding such a permit shall surrender it to the city manager or designee. It shall be unlawful for any person to represent that he is entitled to such a permit when he is not so entitled, to fail to surrender a permit to which he is no longer entitled, or to park a vehicle displaying such a permit at any time when the holder of such permit is not entitled to hold it. No permit issued hereunder shall be valid for more than one year, but may be renewed upon expiration, provided the conditions for issuance exist. (Code 1982, 20-41; Ord. No. 825; Ord. No. 1811, 20-41) Sec City manager to establish additional regulations; fees. The city manager is authorized to establish, after due notice and opportunity for interested parties to be heard, written regulations to implement the provisions of this article. Fees may be established only by resolution by the city council and only in an amount sufficient to pay the costs incidental to their issuance. (Code 1982, 20-43; Ord. No. 825; Ord. No. 1811, 20-42) Sec Violations.

5 Page 5 of (a) The parking of any vehicle or the use of any parking permit in a manner contrary to the provisions established by the city manager, pursuant to this article, is prohibited; and the same is hereby declared to be unlawful and a traffic infraction. Any person violating this article shall, upon conviction by a court of competent jurisdiction, be fined not more than $50.00 for each violation. (b) Nothing in this article shall repeal or supersede any other provision of law which provides authority to regulate parking. (Code 1982, 20-44; Ord. No. 825; Ord. No. 952; Ord. No. 1811, 20-43) Secs Reserved. 1 st Reading: 2 nd Reading: Adoption: