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HomeMy WebLinkAbout04/17/2017Council Work Session April 17, 2017 Time indicated below Harold E. Getty Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 4:00 p.m. Amendment to the 2007 City of Waterloo Code of Ordinances, by adding to Title 6, Motor Vehicles and Traffic, a new Chapter 7, Parking in Residential Areas. Submitted By: Noel Anderson, Community Planning & Development Director Approx. Discussion regarding implementing ATE in the City of Waterloo (red 4:30 p.m. light enforcement only). Submitted By: Daniel J. Trelka, Chief of Police ADJOURNMENT Kelley Felchle City Clerk CITY OF WATERLOO Council Communication Amendment to the 2007 City of Waterloo Code of Ordinances, by adding to Title 6, Motor Vehicles and Traffic, a new Chapter 7, Parking in Residential Areas. City Council Meeting: 4/17/2017 Prepared: 3/21/2017 REVIEWERS: Department Planning & Zoning Clerk Office ATTACHMENTS: Description Residential Parking - New Chapter 7 of Title 6 of the Code of Ordinances Reviewer Schroeder, Aric Even, LeAnn Action Approved Approved SUBJECT: Submitted by: Recommended Action: Summary Statement: Type Ordinance D ate 3/29/2017 - 10:50 AM 3/29/2017 - 12:27 P M Amendment to the 2007 City of Waterloo Code of Ordinances, by adding to Title 6, Motor Vehicles and Traffic, a new Chapter 7, Parking in Residential Areas. Submitted By: Noel Anderson, Community Planning & Development Director Approval. On June 6, 2015 the City Council adopted Ordinance No. 5285, adopting a new International Property Maintenance Code (IPMC), and repealing the previously existing code. The previously existing IPMC included residential parking requirements, whereas the new IPMC does not include residential parking requirements, as the parking requirements were intended to be adopted as a stand-alone chapter of the Code of Ordinances, however adoption of the stand-alone parking requirements failed. Several ordinances were adopted to delay the effectiveness of Ordinance 5285, so that the previously existing parking requirements would remain in effect. The delay was intended to provide time for new residential parking requirements to be adopted. The delayed effectiveness of the ordinances ended as of October 1, 2016, and there are currently no residential parking requirements, other than what is provided in the Zoning Ordinance. The proposed regulations that failed to be approved appeared to have primarily failed due to concerns with previously proposed requirements for owners with existing driveways that do not meet requirements to have to bring the driveway up to current code. Those requirements have been removed from the proposed ordinance, and the proposed wording now provides for legal non- conforming (grandfathering) status of existing driveways that do not meet the new requirements. Please find attached a copy of the proposed amendment, Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: showing strike -through for wording proposed to be removed from what the regulations previously where, and underline for new wording to be added from what the regulations previously were. none n/a Code of Ordinances 6-7-1 : PURPOSE: Title 6 — Motor Vehicles and Traffic Chapter 7 (new) PARKING IN RESIDENTIAL AREAS The special provisions of this ordinance chapter are intended to regulate the location of vehicles parked in the front yard on residential properties. It is the desire of the City of Waterloo to encourage an aesthetically pleasing local environment. It is also the intent of the City of Waterloo to avoid the obstruction of public streets and sidewalks, improve traffic visibility and maintain the visual harmony and character appropriate in residential neighborhoods within the city. The Goals objectives to be attained through this chapter include preserving and improving the peace, safety, health, welfare, comfort and convenience of the citizens of the city of Waterloo, minimizing the adverse visual effects of front yard parking on residential property and allowing for the reasonable use of driveways in the front yard for parking. 6-7-2 : DEFINITIONS: As used in this chapterFor purposes of this chapter, unless the context indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them in this section. DRIVEWAY: That portion of private property, paved or unpaved, that provides vehicular access to a property from the public right-of-way or between private properties, and where said driveway is specifically designated for or commonly utilized as an access way by vehicles to parking lots, parking areas, garages, storage facilities, etc. Driveways serving residential uses may extend along the side or rear of the dwelling and in some cases, may terminate in a designated parking lot, parking area, garage, or storage facility in the side or rear yard area. A private driveway begins at the property line and extends into or across the site. A driveway may extend into or across the front yard area +sof a residential districtproperty. The driveway may terminate in the front yard area of a dwelling provided that the termination area is a garage; or carport or a parking area authorized by this chapter. The parking area shall be included in the hard surface area, conforming to section 6-7-3.A.2 hereof regulating the area of a hard -surface driveway and parking area permitted in the front yard. No portion of a driveway situated in the front yard teof a residential districtproperty may be extended beyond the width of the curb cut garage(s) that the driveway serves or, if there is not a garage (attached or detached) that is served by the driveway, the width of the driveway opening at the street unless said drivcway cxtension provides direct access to a parking lot, garage, outside of the front yard arca meets the requirements of a driveway extension. In all cases, the driveway must be at least the minimumsame width dimension as the outside width dimension of a vehicle fix—which it serves. This restriction shall not prohibit the construction of a parking area for multi -family residential uses in a front yard if otherwise allowed by the Zoning Ordinance. "Parked, Parking"DRIVEWAY EXTENSION: The placement of a vehicle for any substantially uninterrupted period of time not exceeding forty cight (18) hoursFor a one- or two-family residential property, any extension to the driveway beyond the width of the garage(s) that the driveway serves or, if there is not a garage (attached or detached) that is served by the driveway, the width of the driveway opening at the street. Comment [ALO1]: Formerly 302.8.1.1 Comment [ALO2]: Formerly 302.8.1.2 RECREATIONAL VEHICLE: Any vehicle whose primary purpose is recreation/entertainment and not a primary means of transportation. These include, but are not limited to, boats, trailers, campers, and motor homes. VEHICLE: Any motorized implement of conveyance designed or used for the transportation of people or materials on land, water, or air, including but not limited to, motorcycles, automobiles, wagons, or any part or accessory portion thereofAny device in, upon or by which a person or property is or may be transported or drawn upon a highway or street, excepting devices moved by human power or used exclusively upon stationary rails or tracks, and shall include, without limitation, a motor vehicle, automobile, truck, trailer, motorcycle, tractor, buggy, wagon, farm machinery or any combination thereof. YARD, FRONT: A yard extending across the full width of the lot and measured between the front lot line and the buildingfoundation of a principal building or any projection thereof, other than the projection of the usual steps, overhanging balconies, other ordinary projections, or unenclosed porches or decks or unenclosed porches, or the required front yard set back as required by the Zoning Ordinance for R 1 and R 2 zones. On corner lots, the front yard shall include that portion of the lot between the principal structure and the street right-of-way on both street sides of the lot. YARD, REAR: A yard extending across the full width of lot and measured between the rear lot line and the buildingfoundation of a principal building or any projections thereof, other than the prosection of the usual steps overhanging balconies, other ordinary protections, or unenclosed porches or decksunenclosed balconies or unenclosed porches. On both corner lots and intcrior lots the rear yard is the opposite end of lot from the front yard where the house is addressed and faces. YARD, SIDE: A yard extending from the front yard to the rear yard and measured between the side lot lines and nearest ctructurothe foundation of a principal building or any projection thereof, other than the prosection of the usual steps, overhanging balconies, or other ordinary protections. "Junked Vehicles" Inoperative (mechanically or legally), wrcckcd, dismantled or partially enclosed in a building. Junkcd vehicles may not be placed bchind fences, unless in connection with a licensed salvage yard, or as an antique (over 35 years old) or special interest vehicle. Currcnt registration and inspcction stickers arc required to leave a vehicle in public view. 6-7-3: STANDARDS GOVERNING THE OFF-STREET PARKING OR STORAGE OF 1 VEHICLES AS AN ACCESSORY USE ON RESIDENTIAL PROPERTIES: A. General Restrictions: 1. No more than four (4) motor vehicles including cars, trucks, and trailers. excluding recreational vehicles and trailers with a recreational vehicle on it, shall be parked outside an approved garage on a one- or two-family residential property. For any other residential property, the maximum number of such vehicles shall be two (2) per legally established dwelling unit within a structure. Notwithstanding the foregoing restrictions, the maximum number of such vehicles may increase to a number not more than the number of licensed drivers legally residing at the property. Comment [ALO3]: Formerly 302.8.1.3. This section was/is longer and subsections have been moved around and re -worded 2. Any vehicles parked outside an approved garage shall be parked on concrete (five inches Portland Cement Concrete minimum) asphalt (four inches of hot mix asphalt on a six-inch rock base minimum) or gravel (six inches minimum) or similar surface approved by the City of Waterloo. Grass, patio pavers, bricks, or similar products +care not an approved parking surface unless said patio pavers, bricks, or similar products are placed over a minimum depth of four inches of rock base. In all cases the parking surface must be at least equal to the outside dimensions of a vehicle which it serves. For one- and two-family residential properties, gravel shall be an approved parking surface in a rear or side yard in a front yard for the driveway (excluding any driveway extensions). Gravel is not an approved parking surface in a front yard beyond the Driveway or for any parking surface for a multi-family residential property. For one- and two-family residential properties with existing gravel driveways in a front yard built prior to enactment of this chapter, such driveways shall be permitted to remain, and may be maintained and repaired, but shall not be enlarged without being brought into compliance with this chapter. For one- and two- family residential properties, the width of a driveway in the front yard shall be limited to the width of the garage(s) that the driveway serves, or in the absence of a garage, the width of the driveway opening at the street. Existing gravel parking areas in the front yard that extend past the driveway (i.e., a driveway extension) of a one- or two-family residential property built prior to enactment of this chapter shall be permitted to remain, and may be maintained or replaced, but shall not be enlarged without being brought into compliance with this chapter ;tt. Existing gravel areas for parking surfaces for multi-family residential property shall be subject to applicable non-conforming use provisions of the City of Waterloo Zoning Ordinance, if legally constructed prior to adoption of Ordinance 2479 on February 3, 1969. Non-conforming status shall not apply to gravel areas created after February 3, 1969 for multi-family residential properties or to gravel areas for one- or two-family residential property converted to multi-family residential property after February 3, 1969. Parking is permitted in the rear and side yards, subject to compliance with the applicable requirements of this paragraph. 3. In any "R" district, No one- or two-family dwelling or lot residential property shall have more thanthirty three percent (33%) of a driveway extension more than ten (10) feet wide measured perpendicular to the length of the driveway in the front yard used for driveway and off street parking purposes. However, this restriction shall not prohibit the construction of a twenty (20) foot driveway or driveway with driveway extension expansion immediately in front of and the minimum width reasonably necessary to provide access to a 3 or /1 stali garage, nor shall it prohibit the construction of a circular drive if otherwise approved by the City Engineer and meeting the requirements of the City Code of Ordinances, nor shall it prohibit a driveway extension that is more than ten (10) foot wide measured perpendicular to the length of the driveway when used for a turnaround (hammerhead) and not used for parking. Existing driveway extensions that do not comply with these requirements that aro surfaced with hot mix asphalt or Portland Ccmcnt Concrctc shall bc permitted to continuc and to bc rebuilt as long as said rebuild docs not increase the non conformity. Existing driveway extensions that do not comply with these requirements and arc not surfaced with hot mix asphalt or Portland Ccmcnt Concrctc shall have until Dcccmbcr 31, 2017 to bo brought into compliance with these requirements. B. Parking in Front Yards: For one and two family dwellings, No parking shall be allowed in the front yard of a residential property or any portion of such front yard, as defined in No. 3 of this section, unless the following is true: 3 4--Tthe area is a permitted driveway or driveway extension as defined in this ordinancochapter. 2. Front yard parking shall be limited to the driveway for vehicles as defined in this ordinance. Recreational vehicles as defined in this ordinancesectionchapter shall be strictly prohibited from parking in the front yard, except for temporary periods not exceeding three (3) days Nvithin any seven (7) day period'. 1. Parking is permitted in the rear and side yards, behind the front yard as herein defined. In principal structure and the street right of way on both street sides of the lot. All parking shall comply with paragraph 3.a.2. If any part of a vehicle is parked in the front yard, the entire vehicle shall be deemed to be parked in the front yard, regardless of whether some part of the vehicle is not parked in the front yard. C. Front Yard Parking Citation: No parking allowed in the front yards as defined in the ordinance. 1. No person shall drive, stop, stand, or park a vehicle onto or upon the front yards of a property, except as permitted by this section or except for work in progress, such as construction, tree trimming, etc., or temporary activities such as deliveries or vehicle washing not exceeding two (2) hours. A violation of this section shall place such vehicle in the status of an illegally parked vehicle and, upon complaint of a violation, the vehicle may be dealt with pursuant to this chapter section 302.8.1(3)b.5 . 2. No person shall park a vchicic in violation of thc front yard provisions in Subsection 302.8.1(3)b. Parking in Front Yards. 3. No person shall park a vchicic in violation of thc sitc plan parking provisions in thc City of Waterloo Zoning Codc. 2. In lieu of a citation for a municipal infraction, a person who violates any provision of this section shallmay be issued a front yard parking citation in the amount of $40.00. 3. Prima Facie Presumption: In any proceeding charging a violation of this chapter, proof that the particular vehicle described in the information was parked in violation of this chapter, together with proof that the defendant named in the information was the registered owner of the vehicle or the owner of the property on which said vehicle was unlawfully parked at the time of the alleged violation, shall constitute a prima facie presumption that the registered vehicle owner and/or the property owner was the person violating this chapter or allowing the violation to occur. D. Parking of {Recreational Vehicles}: 1. Not more than twathree (23) recreational vehicles shall be parked on any single one- or two-family residential latpropertyhaving an area of one acrc or less. No recreational vehicle owned by persons not residing on the property shall be parked on any residential property at any time, except for visitors. Visitor parking shall be limited to not more than thirty (30) days per calendar year. Comment [ALO4]: Change seven days to 3 days per Council comment 05/26/15 Comment [ALO5]: Add within 7 day period per Council comment 06/01/15 E 2. Recreational vehicles chall not occupy or obctruct accecs to any rcquircd parking cpacc at any time, except that rcquircd for another recreational vehicle. 2. A recreational vehicles may be parked in a front yard if such vehicle is parked on a driveway or driveway extension on a hard surface having a dcpth of 1 inches located adjacent to and parallel with the driveway if the recreational vehicle has a height no greater than X18" and is not parked in the "vision triangle" required by zoning is parked for temporary periods not exceedinq three (3)1 days Nvithin any seven (7) day period. 3. Recreational vehicles may park ince a required side or rear yard on an approved parking surface=. a. if a minimum separation of 10 feet, including the cidc yard cctback of the adjoining property, is maintained between the closest point of the vehicle and any other like vehicle or principal building (including attached accessory structures) on an adjoining premises; b. or if after written application the Department of Community Development Technical Review Committee finds that there will not be an adverse impact upon the passage of air or availability of light to adjoining properties, or drainage; c. or if thc adjoining property owner docc not file a written objcction to cuch parking in thc rcquircd side yard, in which case such proposal shall bc referred to the, Board of Adjustment for a determination. The adjoining property owner chall bc notified of cuch propocal and permitted not Iecc than ten (10) Jaye nor morc than Adjustment. In dctcrming whether thc vehicle may adversely affect thc passage of wind and air, thc Department or Board shall give consideration to whether increased snow drifting or wind velocity may result to the detriment of adjoining properties to an extend greater than would occur from other activities permittcd in the side yard. In dctcrmining whcthcr thc availability of light will be adversely affected, thc presence of doors or windows on adjoining side walls for living or family rooms, kitchen, or bcdrooms; and porchcs or organized outdoor living space such as that provided by a dcck or patio, shall bc considered togcthcr with building orientation, topography, and similar factors. Use as Residence: No recreational vehicle shall be used as a temporary or permanent residence, except in a conforming recreational vehicle park, or campground or beyondwithin the time permitted for visitor parking as noted in Section 3-G-1subsection D.1 above. 6) Removal and Impoundment of Illegally Parked Vehicles. The Code Enforcement Division and/or the Police Department may remove and impound vehicles or cause vehicles to be removed an impounded when the vehicles are stopped employ cuch m ans as arc reasonably necessary. Impounded vehicles shall be stored at a location designated by the City. 6-7-4: IMPOUNDMENT OF ILLEGALLY PARKED VEHICLES: As an additional or alternative remedy to the issuance of a citation as provided in section 6-7-34C42-4, vehicles that are Comment [ALO6]: Change seven days to three days per Council comment 05/26/15 Comment [ALO7]: Add within 7 day period per Council comment 06/01/15 Comment [ALO8]: Formerly 302.8.1.4 Comment [ALO9]: Also formerly part of 302.8.1.3 (302.8.1.3.b.6) but this replacement section significantly expands upon the former wording stopped or parked in violation of this chapter or other city ordinances may be removed and impounded as provided in this section. A. Notice Of Violation: Upon discovery of any vehicle parked upon private property in violation of this chapter, the enforcing officer shall notify the owner of the vehicle, all lienholders, if they can be identified, and the owner of the property by at least one of the following methods: (i) by delivering a copy of the notice to the individual personally; (ii) by serving, at the individual's dwelling house or usual place of abode, any person residing therein who is at least eighteen (18) years old; (iii) by serving the individual's spouse at a place other than the individual's dwelling house or usual place of abode; (iv) by sending a copy thereof by certified mail, return receipt requested, to the last known address of the recipient; or (v) by sending a copy thereof by first-class mail to the last known address of the recipient and by posting a copy thereof in a conspicuous place at the subject property. As an alternative to service of notice by any of the foregoing means, notice by one publication in a newspaper of general circulation in the City of Waterloo shall be sufficient to meet the requirements of this subsection. The published notice may contain multiple listings of vehicles but shall be published within the same time requirements and shall contain the same information as prescribed for mailing notice in this subsection. Published notice may be used if (a) the identity of the last registered owner cannot be determined; or (b) the registration contains no address for the owner; or (c) it is impossible to determine with reasonable certainty the identity and address of all lienholders. Notice shall be deemed given either when personally served, when mailed, or when published. If notice served only by certified mail is returned undelivered by the U.S. post office, action to impound the vehicle shall be continued to a date not less than ten (10) days from the date of such action. This notice shall contain the following information: 1. That the vehicle is in violation of this chapter; 2. A description, to the extent possible, of the year, make, model, color, and location of the vehicle; 3. That the owner of the vehicle and/or the property owner must remove the vehicle or correct the violation in accordance with this chapter; 4. That failure to comply with the provisions of this chapter within seven (7) days from the date notice is given, the owner of the vehicle and the property owner shall be liable for the violation; 5. That the vehicle will be removed by the city and impounded at the owner's expense; and 6. That if the vehicle is not redeemed within thirty (30) days after impoundment, the owner of the vehicle, the property owner and the lienholders shall no longer have any right, title, claim or interest in or to the vehicle or the personal property contained therein. B. Abatement: If the owner of the vehicle or the owner of the property upon which the vehicle is located fails to remove the vehicle in accordance with the terms of this chapter, the enforcement officer shall abate such violation by causing the vehicle to be removed and 6 impounded and sold or disposed of as specified herein, and the cost of abatement shall be charged to the owner of the vehicle and/or the owner of the property. C. Redemption Sof Impounded Vehicle; Abandonment: Within thirty (30) days after the impoundment of any vehicle under this section, the owner thereof may appear and claim the vehicle or the personal property contained therein. The vehicle shall be released after the owner provides proof of ownership, pays an impoundment fee, and pays towing and storage charges. Personal property contents shall be released after the owner provides proof of ownership of the vehicle. If no owner makes a timely claim for the vehicle, the owner shall no longer have any right, title, claim or interest in or to the vehicle and its remaining contents, and the vehicle may be disposed of as provided by Iowa law governing abandoned vehicles, currently codified at section 321.89 of the Code of Iowa. During the period of impoundment, the impoundment facility at which the vehicle is being stored shall be responsible for the vehicle. 6-7-5 EFFECTIVE DATE. (Recreational Vehicle Parking): This scctionchapter shall bccomcis effective upon adoption. Current residents owning recreational vehicles on thc effective date shall be givcnhavc 180 days until Dcccmbcr 31, 2015 to conform to the parking provisions of this Section h pter for their current place of residency for the duration that the current resident owns a recreational vehicle. 6-7-6 : Authorized ENFORCEMENT Agencies.: The Waterloo Police Dcpartmcnt, Codc Enforccmcnt Officers, or any othcr persons authorized by Resolution of thc City Council arc authorized to cnforcc thc ordinancoCode enforcement officers and officers of the Waterloo Police Department are authorized to enforce the provisions of this chapter. 71. Penalty Any violation of this ordinance shall constitute a Municipal Infraction and be punishable consistent with Sections 1 8 of the Waterloo Code of Ordinances. 6-7-7: REQUEST FOR VARIANCE OR APPEAL: A person who, either being charged with violation of this chapter or in anticipation of being charged with such violation, desires to request an exception to the application of any provision of this chapter due to extraordinary hardships or practical difficulties, may file an application for a variance or appeal with the city clerk and pay a filing fee as set by resolution of the city council. The application shall state the relief requested and the grounds therefor. As to any citation or notice of violation issued pursuant to this chapter, the application must be filed within seven (7) days after the citation or notice is delivered. Hearing on the application shall be scheduled for a date within thirty (30) days after the application is filed and the fee paid, and it shall be scheduled for no more than twenty (20) minutes in length or, if the applicant requests an extension of time, such additional time as the city council or its designated committee, in its discretion, may deem necessary. If the applicant desires additional time, he or she must request it at least seven (7) days before the scheduled hearing date. A variance shall not have the effect of nullifying the intent and purpose of this chapter. The city council or its designated Comment [ALO10]: Formerly 302.8.1.5 Comment [ALO11]: Formerly 302.8.1.6 Comment [ALO12]: Formerly 302.8.1.7. not needed because covered by existing code committee shall consider whether the granting of a variance would be detrimental to the public health, safety or welfare, whether the subject property is characterized by unique conditions, whether the applicant will suffer particular hardship as compared to mere inconvenience if the strict letter of this chapter is carried out, and any other considerations that the city council or its designated committee consider relevant. After such hearing, the city council or its designated committee shall act by simple majority vote, may require such conditions as the council or its committee believe will substantially secure the objectives of this chapter, and shall reduce its decision to writing. The city clerk shall deliver a copy of the decision to the applicant. 8 CITY OF WATERLOO Council Communication ATE (Automated Traffic Enforcement) City Council Meeting: 4/17/2017 Prepared: 4/7/2017 REVIEWERS: Department Police Department Clerk Office SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Reviewer Trelka, Daniel Even, LeAnn Action Approved Approved D ate 4/7/2017 - 4:39 PM 4/12/2017 - 9:28 AM Discussion regarding implementing ATE in the City of Waterloo (red light enforcement only). Submitted By: Daniel J. Trelka, Chief of Police The purpose of this meeting is for discussion on the topic and for me to answer the questions of the council in regard to it. We have several intersections within the city where there is a high frequency of crashes and noted red light violations. None.