PLANNING SERVICES MEMORANDUM

Transcription

1 PLANNING SERVICES MEMORANDUM July 10, 2017 TO: FROM: SUBJECT: City Council Ryan Krzos, Associate Planner Second reading, public hearing, and action on a proposed ordinance amending Section (Residence Districts) of the Code of General Ordinances to modify existing regulations related to parking of trucks in Residence Districts. (File Ordinance No ) Relates to Strategic Plan Strategic Goal - N/A Executive Summary The proposed ordinance would amend existing regulations related to the parking of trucks and other large vehicles in Residential Districts. The primary purpose for the recommended ordinance change is to more clearly distinguish the standard established for parking of commercial-sized vehicles not permitted in residential neighborhoods and other vehicles manufactured for passenger use and typically prevalent in residential settings. On June 19 th, the Plan Commission reviewed the proposed ordinance and provided commentary as well as raised numerous questions and concerns about the ordinance amendment proposal. As such, the Plan Commission approved a motion to defer action on the item to allow staff to continue work on the proposed ordinance and bring the proposal back to the Commission for further consideration. City Recommendation The City recommends that following the public hearing, the City Council respect the wishes of the Plan Commission and refer File Ordinance No back to the Plan Commission to allow staff to work towards resolving the issues brought up at their June 19 th meeting. Suggested Motion I move to refer File Ordinance No back to the Plan Commission to allow staff to work towards resolving the issues brought up at their June 19 th meeting. Background The current Zoning Ordinance restricts parking of large vehicle and trucks exceeding 8,000 pounds gross vehicle weight in residentially-zoned areas of the City. This restriction has been in place for several decades in large part to maintain the residential character of the City s 1

2 residential neighborhoods. The proposed ordinance has been prepared to increase the maximum weight threshold from 8,000 pounds to 12,000 pounds gross vehicle weight to draw a more specific distinction between commercial-sized trucks not permitted in residential areas and personal vehicles (trucks) more widely distributed in the marketplace today. The proposed ordinance also exempts certain vehicles such as human service vehicles and collector and hobbyist vehicles from the weight limit restriction. The vehicles were included in this exemption due to their lack of association with non-residential property uses. Additionally, the ordinance explicitly prohibits the parking of tow trucks and wreckers in residential areas as these vehicles are inconsistent with residential character and currently prohibited by ordinance as a home occupation. On June 19 th, the Plan Commission met to review the proposed ordinance and provided commentary as well as raised numerous questions and concerns about the ordinance amendment proposal. As such, the Plan Commission made a motion to defer action on the item to allow staff to continue work on the proposed ordinance. The motion carried on a vote. Options Refer File Ordinance No back to the Plan Commission for further review Adopt File Ordinance No as currently drafted Amend File Ordinance No before adoption Defeat File Ordinance No Analysis A. The Neighborhood and Community Service Department is responsible for enforcement of large vehicle off-street parking in residential neighborhoods. The Department s inspectors have noted increasingly frequent conflicts between the maximum weight limits as defined by ordinance and vehicles which in their judgement are consistent with the character of a residential neighborhood. In response to these concerns, the proposed ordinance amendment was prepared to modify the Zoning Ordinance regulations related to the parking of trucks in residential areas of the City. B. The proposed ordinance has been prepared to increase the maximum weight threshold from 8,000 pounds to 12,000 pounds gross vehicle weight to draw a more specific distinction between commercial-sized trucks not permitted in residential areas and personal vehicles (trucks) more widely distributed in the marketplace today. Additionally, the increase of the gross vehicle weight to 12,000 was included in the proposal because of a licensing threshold that would assist staff in identifying the vehicle weight when conducting enforcement actions. Typical vehicles that are under this weight threshold include pickup trucks, sport utility vehicles (SUVs), and large vans (i.e., not minivans). Vehicles exceeding this weight limit include medium and heavy-duty trucks, Low Cab Forward trucks, and walkin vans. C. The proposed ordinance amendment also exempts vehicles with antique, historic military vehicle, collector, or hobbyist license plates from the weight limit restriction. These vehicles are generally restricted in their use for commercial purposes. Under State Statute, operation of antique and historic military vehicles is limited to special purposes such as parades and display events or for occasional personal use. Collector and hobbyist vehicles are restricted in the amount of materials they are allowed to haul making operation for commercial purposes limited. Given the constraints on use of vehicles with these license plates for commercial purposes, staff believes they are appropriate in residential neighborhoods. 2

3 Additionally, the proposed ordinance amendment explicitly prohibits the parking of tow trucks and wreckers in residential areas as these vehicles are currently prohibited by Ordinance, and are inconsistent with residential character. D. On June 19 th the Plan Commission reviewed the proposed ordinance and provided commentary as well as raised numerous questions and concerns about the ordinance amendment proposal. Staff was directed to consult with the police department regarding the proposed changes, inform tow truck operators of the proposed ordinance amendment, and to examine current ordinance requirements pertaining to on-street parking of heavy vehicles. For more details regarding the Plan Commission meeting discussion, please refer to the meeting minutes in Exhibit I. Conclusions During their review, the Plan Commission raised several questions and concern that should be addressed before the City Council considers File Ordinance No to modify existing regulations related to parking of trucks in Residence Districts. Therefore, the Plan Commission deferred action on the item to allow staff to work towards resolving the issues brought up at last Plan Commission meeting. Restated City Recommendation The City recommends that following the public hearing, the City Council respect the wishes of the Plan Commission and refer File Ordinance No back to the Plan Commission to allow staff to work towards resolving the issues brought up at their June 19 th meeting. cc: Mark Freitag, City Manager Maxwell Gagin, Assistant to the City Manager Paul Q. Woodard, P.E., Director of Public Works Duane Cherek, Manager of Planning Services 3

4 ORDINANCE NO An ordinance amending existing regulations related to parking of trucks in Residence Districts, with penalties for violations thereof, together with injunctive relief and remedies upon default of forfeiture payment as set forth in JGO THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Section (A)(8) of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: 8. Use of Trucks, Travel Trailers or Mobile Homes. Trucks, travel trailers or mobile homes shall not be permitted in any residence district as principal or accessory buildings except as provided for in mobile home courts or travel trailer camp regulations in compliance with this title or for temporary offices for construction sites. The parking or storage of semitrailer cab units, truck trailers, tow trucks, wrecker tow trucks, or trucks over eight twelve thousand pounds g.v.w. is prohibited in any residence district. The following vehicles are exempt from the maximum weight restriction in this section: human service vehicles as defined in section (23g) of the Wisconsin Statutes as from time to time amended or renumbered and registered vehicles bearing Antique, Collector, Historic Military Vehicle or Hobbyist license plates issued by the State of Wisconsin. SECTION II. This ordinance shall take effect immediately upon adoption by the Common Council, the public health, welfare, peace, tranquility, good order, public benefit, and police power so requiring. ADOPTED: APPROVED: Mark A. Freitag, City Manager ATTEST: David T. Godek, City Clerk-Treasurer Motion by: Second by: Councilmember Aye Nay Pass Absent Conley Farrell Gruber Jorgensen Marklein Williams Wolfe APPROVED AS TO FORM: Tim Wellnitz, Assistant City Attorney Proposed by: Planning Services Prepared by: Planning Services

5 EXHIBIT I Excerpt of 6/19/17 Plan Commission Minutes, Approved 7/3/17 Ryan Krzos, Associate Planner, presented the written staff report. Commissioner Madere asked if the ordinance amendment had been reviewed by the Police and Fire Department and Krzos indicated that it had not been because it pertained to off-street parking. Commissioner Voskuil asked about camping/recreational equipment or vehicles and if they were allowed. Krzos indicated that there are duration restrictions on the street and they can be parked in the driveway although the preference would be inside the garage or on the side of the house. Commissioner Marklein asked if contractors doing construction, remodeling or landscaping are allowed to park their vehicles in the driveway or street. Cherek stated that the ordinance does allow for commercial service vehicles in residential area to park in the driveway or street. The public hearing was opened and the following person appeared to speak regarding this item. Paul Williams, 2426 N. Lexington Dr., stated that he drove a tow truck for a living, was on Rock County s 911 list for emergency tow calls and therefore he brought the tow truck home every night to respond to after hour emergencies. As a first responder, he needs to be able to get to the scene within 15 minutes during the day and within 25 minutes during the night. He indicated that he has never had any neighborhood complaints and that he would never be allowed to bring a tow truck home with a wrecked vehicle on it. He stated that the tow services in Janesville were not notified of this proposed ordinance change and if they are denied the ability to take their vehicles home at night, they won t be able to make the requirements of the 911 list. He requested that tow services on the 911 list be exempt from the regulations with the condition that they cannot bring wrecked cars home. Commissioner Brunner asked how many local tow services were on the 911 list and Mr. Williams indicated that there were around 6 or 7 with each company having one person on call each night. The public hearing was closed. Commissioner Voskuil suggested that the vehicle exemption in Section E of the staff report seemed broad-based and could allow for a tank. Krzos indicated that the ordinance includes exemptions that are restricted with regard to commercial use by State Statutes. Historic military vehicles or those similar must only be operated for occasional maintenance purposes or parades. Hobbyists or collectors are restricted from hauling over 500 lbs. Brunner suggested different wording to clarify the different vehicles such as those that can be licensed and those that cannot. Commissioner Madere stated that Mr. Williams brought up a number of points that should be addressed and unless the ordinance was pressing, he suggested tabling it to a future meeting after staff has a chance to discuss and address the tow truck issue. He also felt that the size of vehicles parking on the street should be addressed as some streets are very narrow and emergency vehicles may not be able to pass through. 1

6 Cherek indicated that it wasn t urgent to pass the ordinance amendment; rather staff was working to address a long-standing aspect of the code that generates a significant number of complaints mainly due to the 8000lb weight threshold for trucks. Commissioner Brunner asked if there were conflicts between Chapter 10 and the proposed ordinance and if so, they would need to be brought into alignment. Chapter 10 currently prohibits tow trucks to be parking in street or driveway. Jennifer Petruzzello, Director of Neighborhood & Community Services, stated that she confirmed with the Police Department that oversized vehicles are not allowed to park on the street overnight. This ordinance change would allow a 11,500 gross vehicle weight to park in the driveway but would not allow that vehicle to park in the street overnight. She stated that the Police Department was aware and supportive of this proposed ordinance and have been working with tow truck drivers to remind them that they must comply with City ordinances which do not allow them to park their tow trucks at home overnight in residential areas. She indicated that approximately 50 complaints a year regarding oversized vehicles were received. Increasing the gross vehicle weight to 12,000 was suggested because that is a licensing threshold and would help staff identify the vehicle weight when doing enforcement actions. Commissioner Jorgensen arrived. There was a motion by Commissioner Madere with a second by Commissioner Voskuil to defer action on the item to allow staff to continue work on the proposed ordinance. Commissioner Voskuil suggested that staff inform tow truck operators of the proposed Ordinance amendment. The motion carried on a vote with Commissioner Jorgensen passing. 2