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08-93 F~ILED ON FIRST READING (3 to 2 VOTE) - 1/26/93 ORDINANCE NO. 8-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71, "PARKING REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 71.001, "DEFINITIONS", TO PROVIDE FOR A DEFINITION FOR THE TERM "SWALE"; AND SECTION 71.017, "STOPPING, STANDING, OR PARKING PROHIBITED IN SPECIFIED PLACES", TO PROVIDE FOR THE PROHIBITION OF PARKING ON CITY MAINTAINED RIGHTS-OF-WAY OR SWALE AREAS EXCEPT FOR TEMPORARY EMERGENCY PURPOSES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND 'AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, has expended substantial amounts of dollars in improving public rights-of-way throughout the City of Delray Beach; and, WHEREAS, the City Commission of the City of Delray Beach finds that the continued use of rights-of-way and swale areas for parking purposes causes damage to drainage provided in those areas; and, WHEREAS, the City Commission of the City of Delray Beach believes that improving the aesthetics of the rights-of-way and swale areas will improve the quality of life for the citizens of Delray Beach; and, WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting of January 11, 1993, and has forwarded the change with a recommendation of approval; and, WHEREAS, pursuant to Florida Statute 163.3174(1) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has de~ermined that the change is consistent with, and furthers the objectives and policies of, the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title 7, "Traffic Code", Chapter 71, "Parking Regulations", Section 71.001, "Definitions", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by adding the following definition: "SWALE." That portion of a street (private or public) between the curb lines or the lateral lines of a roadway and the adjacent property lines, excludinq sidewalks and bicycle paths~ and intended for use for drainaqe and/or beautification purposes. Section 2. That Title 7, "Traffic Code", Chapter 71, "Parking Regulations", Section 71.017, "Stopping, Standing, or Parking Prohibited in Specified Places", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by repealing subsection (D) in its entirety and enacting a new subsection (D) and a new ~ubsection (E) to read as follows: (D) Within the City limits of the City of Delray Beach~ it shall be unlawful to park or store a vehicle in a swale area located within a street, except for temporary emergency purposes such as emergency repairs, accident damages, or by police~ fire~ city or other governmental vehicles, and for ambulance service calls~ or as directed by a law enforcement officer; FAILED ON FIRST READING (3 to 2 VOTE) - 1/26/93 FAILED ON FIRST READING (3 to 2 VOTE) - 1/26/93 unless there is signing which specifically allows such swale parking. The provisions of this subsection (D) shall not apply to paved surfaces which existed as of January 1, 1993, nor to swale areas which are lawfully paved thereafter, under permit of the City Engineer. The provisions of this section shall be enforced by the police department in the same manner as other parking violations upon streets are enforced. (E) No person shall mo~e a vehicle not lawfully under his control into any such prohibited area or away from a curb such a distance as is unlawful. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1993. MAYOR ATTEST: City Clerk First Reading Second Reading ! - 2 - ORD. NO. 8-93 FAILED ON FIRST READING (3 to 2 VOTE} - 1/26/93 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~'1 SUBJECT: AGENDA ITEM # /~ ~ - MEETING OF JANUARY 26, 1995 ORDINANCE NO. 8-93 DATE: January 22, 1993 This is first reading of an ordinance amending the Code of Ordinances to provide for the prohibition of parking on City maintained rights-of-way or swale areas except for temporary emergency purposes. This ordinance was recommended by the Neighborhood Task Force as a method of removing the blighted effect of vehicles inappropriately parked along streets and to remove the destructive impact which such vehicles have upon the physical condition of swale areas. The Planning and Zoning Board at their January llth meeting recommended approval. A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 8-93 on first reading. ORDINANCE NO. 8-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71, "PARKING REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 71.001, "DEFINITIONS", TO PROVIDE FOR A DEFINITION FOR THE TERM "SWALE"; AND SECTION 71.017, "STOPPING, STANDING, OR PARKING PROHIBITED IN SPECIFIED PLACES", TO PROVIDE FOR THE PROHIBITION OF PARKING ON CITY MAINTAINED RIGHTS-OF-WAY OR SWALE AREAS EXCEPT FOR TEMPORARY EMERGENCY PURPOSES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, has expended substantial amounts of dollars in improving public rights-of-way throughout the City of Delray Beach; and, WHEREAS, the City Commission of the City of Delray Beach finds that the continued use of rights-of-way and swale areas for parking purposes causes damage to drainage provided in those areas; and, WHEREAS, the City Commission of the City of Delray Beach believes that improving the aesthetics of the rights-of-way and swale areas will improve the quality of life for the citizens of Delray Beach; and, WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting of January 11, 1993, and has forwarded the change with a recommendation of approval; and, WHEREAS, pursuant to Florida Statute 163.3174(1) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with, and furthers the objectives and policies of, the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title 7, "Traffic Code", Chapter 71, "Parking Regulations", Section 71.001, "Definitions", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by adding the following definition: "SWALE." That portion of a street (private or public) between the curb lines or the lateral lines of a roadway and the adjacent property lines, excluding sidewalks and bicycle paths~ and intended for use for drainage and/or beautification purposes. Section 2. That Title 7, "Traffic Code", Chapter 71, "Parking Regulations", Section 71.017, "Stopping, Standing, or Parking Prohibited in Specified Places", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by repealing subsection (D) in its entirety and enacting a new subsection (D) and a new subsection (E) to read as follows: (D) Within the City limits of the City of Delray Beach~ it shall be unlawful to park or store a vehicle in a swale area located within a street, except for temporary emergency purDoses such as emergency repairs, accident damages, or by policer fire~ city or other governmental vehicles, and for ambulance service calls, or as directed by a law enforcement officer; unless there is si~ning which specifically allows such swale parking. The provisions of this subsection (D) shall not apply to paved surfaces which existed as of January 1, 1993, nor to swale areas which are lawfully paved thereafter~ under permit of the City Engineer. The provisions of this section shall be enforced by the police department in the same manner as other parkin~ violations upon streets are enforced. (E) No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such a distance as is unlawful. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1993. MAYOR ATTEST: City Clerk First Reading Second Reading ORD. NO. 8-93 CITY COMMISSION DOCUMENTATION TO: //--DAV~ID T. HARDEN, CITY MANAGER DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JANUARY 26, 1993 FIRST READING~ ORDINANCE AMENDING CODE CHAPTER 71 PROHIBITION RE PARKING IN SWALES ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading, of an ordinance modifying the City Code of Ordinances. The affection Sections are: * 71.001 Definitions within the Traffic Code * 71.017 Prohibited Parking in Specified Places BACKGROUND: This requested change had come about from The Neighborhood Task Team (NTT). The reasoning behind the regulation is that of removing the blighting effect of vehicles inappropriately parked along streets and removing the destructive impact which such vehicles have upon the physical condition of swale areas i.e. desire to retain them in the grass. In addition, proper use of swale areas aids in the proper handling of storm drainage. An initial draft of the proposed regulations was discussed in a worksession among the NTT and the Planning and Zoning Board. Revisions were made based upon direction from that worksession. Please refer to the Planning and Zoning Board Staff Report for more detail. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at a Special Meeting held on January 11, 1993. David Henninger of the NTT addressed the item and supported the revised text. There was no public testimony to the contrary. The Board then forwarded the item on a 5-0 vote (Felner and Currie absent). City Commission Documentation First Reading, Ordinance Amending Code Chapter 71 Prohibition Re Parking in Swales Page 2 RECOMMENDED ACTION: By motion, approval on first reading. Attachments: * Ordinance by others * P&Z Staff Report & Documentation of January 11, 1993 DJK/CCSWALE.DOC PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JANUARY 11, 1993 AGENDA ITEM: TRAFFIC CODE AMENDMENT RE PROHIBITION OF PARKING IN SWALE AREAS ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission regarding a proposed change to the City's Traffic Code. The changes contemplated in this proposed ordinance include: * Prohibiting parking within swales which are located in streets (public or private), except for those which have heretofore been paved. But, accommodating such parking in specifically designated locations. BACKGROUND: This item, along with others, has been brought before the Board by the Neighborhoods Task Team (NTT). These changes were discussed in work session among members of the Board and the NTT on June 18, 1992. Changes to the proposed ordinance have been made in order to reflect discussion and direction at that work session. Please note that while the proposal does not involve an amendment to the LDRs, the item has been referred to the Board (by the City Commission) for review and comment. A previous letter of objection, from the Woodlake Homeowners Association, is attached. ANALYSIS: The initial proposal setforth by the NTT called for: * A definition of "Right-of-way" or "Swale"; and, * A prohibition of parking in swale areas when the area is marked with a "no parking" sign or when such parking constitutes a hazardous situation; but allowing for emergency situations. The revised ordinance provides for the following: 1. The definition has been changed to more closely follow the structure of the definition of "sidewalk" as used in Section 71.001. P&Z Staff Report Traffic Code Amendment Re Prohibition of Parking In Swale Areas Page 2 2. The restriction is City-wide regardless of whether or not signing is provided. It was thought that placing signs everywhere would not achieve the beautification which is sought. Such signing, (i.e. City-wide application) could be placed in strategic locations e.g. entries to subdivisions, periodically along thoroughfares. 3. Allows for continued use of previously paved swale areas for parking purposes. 4. Allows for creating such parking areas (i.e. paved swale areas) in the future, under permit from the City Engineer. 5. Allows for parking in swale areas when an area is so signed. This provision can accommodate situations like the Woodlake Subdivision where, apparently, there is a desire to retain swale parking. A sign to this effect can be posted at the entry to the subdivision. RECOMMENDED ACTION: Take testimony and proceed accordingly. Attachments: * Draft of proposed Ordinance * Letter of objection from the Woodlake Homeowners Association dated June 30, 1992. Report prepared by: ~ T ~ P ZSWALE2 HOMEOWNERS ASSOCIATION, INC. ~5 S,W. 2~H TERRACE DELRAY BEACH, FLORIDA ~445 June 30, 1992 ! 1992 Members of the Planning & ~oning Board City of Delray Beach "'-','~'" 100 N.W. First Street Delray Beach, Florida 33444 Reference: Proposed Ordinance Concerning the Parking on Swale Areas Gentlemen: With regard to the above reference proposed ordinance, as President of the Woodlake Homeowners Association, I am writing on behalf of the Board of Directors and Homeowners within the community located on the west side of Homewood Blvd. between Atlantic Avenue and Lowson Blvd. to express our concern. While we do not object to the thought and principle behind such an ordinance, which is primarily to further beautify the city, we do oppose a restriction that would ban parking on swales in a community such as Woodlake. Woodlake is a walled community which has its own rules and regulations to protect the swale areas of the entire community. It is our understanding that the City of Delray Beach has approved Planned Residential Developments (PRD's) in western sections of the city, such as Woodlake, in order to increase the City tax base only. Now it appears that the city wants to apply rules for the east side of the City which we feel should not be applicable to the West side of the City where Planned Residential Developments exist. The types of streets in the Woodlake Community are not considered "feeder roads', but instead are off a. feeder road system. Therefore, we do not feel that the Woodlake community or other similiar communities in Western Delray should be required to adhere to the same rules. I also call your attention to the fact that the Woodlake Community has storm drainage throughout, which is connected to three community lakes which in turn are connected to the South Florida Water Management System. In summary, we respectfully request that serious consideration be given to our position regarding an ordinance that would prohibit Page parking on swales. Common sense and practicality should prevail in your decision. Thank you for your attention to the matter. Sincerely, WOOD~AKE HOMEOWNERS ASSOCIATION, INC. Wflliam Decker President Woodlake Homeowners Association, fnc. cc: Mayor City Commissioners ORDINANCE NO. 8-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING .... ~' ~.~ ~/W~i~l~O SE T ' · ~0~7 -"DEPINI~I~w,~ ' P~IDE FOR A DEFINITION FOR THE TERM "SWALE"; ~~ SECTION 71.017, "STOPPING, STANDING, OR PARKING PROHIBITED IN SPECIFIED PLACES", TO PROVIDE FOR THE PROHIBITION OF PARKING ON CITY MAINTAINED RIGHTS-OF-WAY OR SWALE AREAS EXCEPT FOR TEMPORARY EMERGENCY PURPOSES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City City Delray Beach, Commission of the of Florida, has expended substantial amounts of dollars in improving public rights-of-way throughout the City of Delray Beach; and, WHEREAS, the City Commission of the City of Delray Beach finds that the continued use of rights-of-way and swale areas for parking purposes causes damage to drainage provided in those areas; and, WHEREAS, the City Commission of the City of Delray Beach believes that improving the aesthetics of the rights-of-way and swale areas will improve the quality of life for the citizens of Delray Beach; and, WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting of January 11, 1993, and has forwarded the change with a recommendation of approval; and, WHEREAS, pursuant to Florida Statute 163.3174(1) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with, and furthers the objectives and policies of, the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title 7, "Traffic Code", Chapter 71, "Parking Regulations", Section 71.001, "Definitions", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by adding the following definition: "SWALE." That portion of a street (private or public) between the curb lines or the lateral lines of a roadway and the adjacent property lines, excluding sidewalks and bicycle paths~ and intended for use for drainage and/or beautification purposes. Section 2. That Title 7, "Traffic Code", Chapter 71, "Parking Regulations", Section 71.017, "Stopping, Standing, or Parking Prohibited in Specified Places", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by repealing subsection (D) in its entirety and enacting a new subsection (D) and a new subsection (E) to read as follows: (D) Within the City limits of the City of Delray Beach, it shall be unlawful to park or store a vehicle in a swale area located within a street, except for temporary emergency purposes such as emergency repairs~ accident damages~ or by police~ fire, city or other ~overnmental vehicles, and for ambulance service calls, or as directed by a law enforcement officer;