Loading...
HomeMy WebLinkAbout27. 13-528 NOVEMBER 26, 2013 13-528 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVAL OF LOADING ZONE DEFINITION AND PARKING REGULATION CHANGES ON BENT AVENUE, EAGLE STREET, LIBERTY STREET, NORTH MAIN STERET AND 7TH AVENUE INITIATED BY: TRAFFIC REVIEW ADVISORY BOARD A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION'S 27A-1, 27A-5 AND 27A-11 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO DEFINITIONS, LOADING ZONES AND PARKING REGULATIONS ON DESIGNATE.) STREETS AND ALLEYS. The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 27-1 of the Oshkosh Municipal Code pertaining to definitions is hereby amended as follows: SECTION 27-1 DEFINITIONS Add Thereto: 1p) Passenger loading zone: That portion of any street or parking facility clearly marked with a sign informing the public that the use of such area is limited to the loading or unloading of passengers. Add Thereto: 1t) Truck loading zone: That portion of any street or parking facility clearly marked with a sign informing the public that the use of such area is limited to the loading or unloading of merchandise by truck to/from commercial properties. SECTION 2. That Section 27A-5 of the Oshkosh Municipal Code pertaining t.) definitions is hereby created as follows: SECTION A-5 LOADING ZONES 1. While being actively loaded or unloaded, motor vehicles that are design, used or maintained primarily for the transportation of property and/or merchandise and displaying commercial signage may park in a truck loading zone, as defined in Section 27-1, for no more than thirty (30) minutes, unless a different period of time is designated by ordinance. Commercial signage required by this section must be: NOVEMBER 26, 2013 13-528 ORDINANCE FIRST READING CONT'D • On both sides of the vehicle; • Magnetic, static cling vinyl (which may not be used on tinted windows), decals or permanently painted; • No smaller than 8 '/2" by 11"; • In 2-inch or larger lettering; • In a color that clearly contrasts with the color on which the lettering is displayed; and • In lettering that is clearly visible at a minimum distance of twenty (20) feet. 2. Motor vehicles may park in a passenger loading zone, as defined in Section 27-1, for no more than ten (10) minutes, unless a different period of time is designated by ordinance. SECTION 3. That Section 27A-11 of the Oshkosh Municipal Code pertaining to parking regulations on designated streets and alleys is hereby amended as follows: A-11 PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS BENT AVENUE Remove Therefrom:No parking, south side, from Elmwood Avenue to 90 feet west thereof. Add Thereto: No parking, south side, from Algoma Boulevard to Elmwood Avenue. EAGLE STREET Remove Therefrom:2-hour parking, east side, from Rush Avenue to Taft Avenue, between 7:00 a.m. and 4:30 p.m. on school days. Remove Therefrom:2-hour parking, east side, from Pierce Avenue to Adams Avenue, between 7:00 a.m. and 4:30 p.m. on school days. Add Thereto: 2-hour parking, east side, from Rush Avenue to Adams Avenue, between 7:00 a.m. and 4:30 p.m. on school days. NOVEMBER 26, 2013 13-528 ORDINANCE FIRST READING CONT'D LIBERTY STREET Add Thereto: No parking, west side, from 560 feet north of New York Avenue to 800 feet north of New York Avenue. NORTH MAIN STREET Add Thereto: No parking, east side, from Lincoln Avenue to 45 feet south of Lincoln Avenue. 7TH AVENUE Remove Therefrom:No parking, both sides, from Koeller Street to and including the end of the cul-de-sac west of Lilac Street. Add Thereto: No parking, north side, from Koeller Street to and including the end of the cul-de-sac west of Lilac Street Add Thereto: No parking, south side, from Koeller Street to 155 feet east of Koeller Street. Add Thereto: No parking, south side, from 200 feet east of Koeller Street to and including the end of the cul-de-sac west of Lilac Street. SECTION 4. This ordinance shall be in full force and effect from and after its passage, publication and placement of the appropriate signage. SECTION 5. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #13-XXX (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTIONS 27A-1, 27A-5 AND 27A-11 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO DEFINITIONS, LOADING ZONES AND PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS) on December 10, 2013. The ordinance creates a definition of loading zones and changes parking regulations on Bent Avenue, Eagle Street, Liberty Street, North Main Street and 7th Avenue. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City's website at www.ci.oshkosh.wi.us. Clerk's phone: 920/236-5011. OJHKOJH ON THE WATER MEMORANDUM TO: Mark A. Rohloff, City Manager FROM Christopher Strong, P.E., Transportation Director DATE: November 20, 2013 RE: Explanation of Traffic Regulations Ordinance Changes SECTION 1: SECTION 27-1 DEFINITIONS SECTION 2: SECTION 27A-5 LOADING ZONES From time to time, staff receives questions about the definitions of various words used in parking ordinances. There are statutory definitions for parking, standing and stopping as follows: • Parking(Wisc. Stats. 340.01(42m))— The halting of a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading property or passengers. In other words, in a no parking zone, a vehicle may be allowed to stop to drop off or pick up people or things. • Standing(Wisc. Stats. 340.01(59m))— The temporary halting of a vehicle, whether occupied or not, except for the purpose of and while actually engaged in receiving or discharging passengers. In a no standing zone, a vehicle may be allowed to stop to drop off or pick up people. • Stopping (Wisc. Stats. 340.01(62))— Complete cessation from movement. Vehicles can only stop in a no stopping zone in the event of an emergency or when instructed by a police officer. There is no statutory definition for a"loading zone". Loading zones are mentioned in Wisc. Stats. 346.53(1) as a place where parking is statutorily prohibited, but they are never defined. Some communities, including Appleton, Green Bay, Kenosha and Madison, have defined "loading zone" in their ordinances. Oshkosh lacks such a definition in its ordinances, which can lead to confusion for the general public. Therefore, the following draft definitions,pending review by the Attorney's office, are proposed as an ordinance (based on language from the Appleton and Green Bay ordinances): SECTION 27-1 DEFINITIONS Add Thereto: • Passenger loading zone: That portion of any street or parking facility clearly marked with a sign informing the public that the use of such area is limited to the loading or unloading of passengers. Page 2 of 5 Explanation of Traffic Ordinance Changes • Truck loading zone: That portion of any street or parking facility clearly marked with a sign informing the public that the use of such area is limited to the loading or unloading of merchandise by truck to/from commercial properties. SECTION 27A-5 LOADING ZONES Add Thereto: 1. While being actively loaded or unloaded, motor vehicles that are designed, used or maintained primarily for the transportation of property and/or merchandise and displaying commercial signage may park in a truck loading zone, as defined in Section 27-1, for no more than thirty (30)minutes, unless a different period of time is designated by ordinance. Commercial signage required by this section must be: • On both sides of the vehicle; • Magnetic, static cling vinyl (which may not be used on tinted windows), decals or permanently painted; • No smaller than 8 ''/z"by 11"; • In 2-inch or larger lettering; • In a color that clearly contrasts with the color on which the lettering is displayed; and • In lettering that is clearly visible at a minimum distance of twenty(20) feet. 2. Motor vehicles may park in a passenger loading zone, as defined in Section 27-1, for no more than ten(10)minutes, unless a different period of time is designated by ordinance. If an ordinance along these lines is adopted, staff will work on re-classifying existing loading zones into these categories. It may be that in some locations, such as schools, the ten minute default waiting period needs to be re-evaluated, as well. PASSED BY TRAFFIC REVIEW BOARD (6-0) SECTION 3: SECTION 27A-11 PARKING REGULATIONS A REQUEST TO PROHIBIT PARKING ON THE SOUTH SIDE OF BENT AVENUE BETWEEN ALGOMA BOULEVARD AND 90 FEET WEST OF ELMWOOD AVENUE. (CURRENT CONDITION: UNRESTRICTED PARKING.) This is a citizen request. Bent Avenue is a 28' wide local street which runs on a continuous alignment from Algoma Boulevard and Jackson Street. A resident requested the removal of parking from one side of the street between Algoma Boulevard and Elmwood Avenue, due to concerns that on-street parking on both sides of the relatively narrow street width may make it difficult for emergency vehicles to travel. Page 3 of 5 Explanation of Traffic Ordinance Changes As shown in Table 1, the width of Bent Avenue makes it a candidate for prohibition of on-street parking from one side of the street. The board considered a request in 1993 to prohibit parking on the south side of Bent Avenue between Algoma Boulevard and Jackson Street. Many property owners at that time spoke out against the request, expressing concerns that removal of on-street parking would encourage vehicle speeding. However, the addresses of the property owners who expressed concern were generally east of Elmwood Avenue. It is possible that the views of property owners in this area would be different, as Bent Avenue traffic must stop at both Algoma Boulevard and Elmwood Avenue. PASSED BY TRAFFIC REVIEW BOARD (6-0) A REQUEST FOR 2-HOUR PARKING ON THE EAST SIDE OF EAGLE STREET BETWEEN TAFT AVENUE AND PIERCE AVENUE, BETWEEN THE HOURS OF 7:00 A.M. AND 4:30 P.M. ON SCHOOL DAYS. (CURRENT CONDITION: UNRESTRICTED PARKING.) This is a Police Department request. This block is near Oshkosh West High School, where there is often significant demand for on- street parking. The blocks immediately to the north and south of this block are regulated as 2- hour parking from 7:00 a.m. to 4:30 p.m. on school days. This block was similarly regulated until 2005, when the board considered and the Council approved a resident's request to change this block. The street width here is 36 feet, which is wide enough where on-street parking restrictions are not required. However,these restrictions can be helpful in managing parking demand near the high school. By shifting to 2-hour parking, the request would allow additional on-street parking for residents and guests during the day, since students would no longer be able to use it. Therefore, the request should have a positive effect on parking availability for nearby residents. PASSED BY TRAFFIC REVIEW BOARD (6-0) A REQUEST TO PROHIBIT PARKING ON THE WEST SIDE OF LIBERTY STREET FROM 560 FEET NORTH OF NEW YORK AVENUE TO 800 FEET NORTH OF NEW YORK AVENUE. (CURRENT CONDITION: UNRESTRICTED PARKING.) This is a citizen request. The citizen making this request is concerned over vehicles speeding on this street. She is concerned that her autistic child may dart between parked cars into the street, oblivious as to whether there is traffic. She is interested in long-term solutions for traffic calming for the street. In the mean time, she has made a request to prohibit parking on the west side of the street in front Page 4 of 5 Explanation of Traffic Ordinance Changes of the child's house, as well as in front of the house of one of the child's caregivers. This would improve sight distance on the west side of the street, from where the child would most likely come. Table 1 lists our guidelines for on-street parking restrictions on local streets. Liberty Street is 26 feet wide which, based on these guidelines, could be a candidate for a parking restriction. Table 1: Parking Restriction Guidelines on Local Streets Street Width Parking Restrictions Less than 17 feet Both Sides(All cases) 17 to 24 feet One Side (All cases) 25 to 33 feet Valid Petition 34 feet and over None It should be added that the presence of on-street parking can often help to reduce traffic speeds. That said, recommendations for parking restrictions on local streets often closely align with the desires of affected residents. PASSED BY TRAFFIC REVIEW BOARD (6-0) NORTH MAIN STREET This is a technical correction to have the ordinance match the signage in the field. A REQUEST FOR UNRESTRICTED PARKING ON THE SOUTH SIDE OF 7TH AVENUE FROM 155 FEET EAST OF KOELLER STREET TO 200 FEET EAST OF KOELLER STREET. (CURRENT CONDITION: NO PARKING.) This is a business request. At its September meeting, the board approved a parking prohibition on 7th Avenue from Koeller Street to Lilac Street. The following is the portion of the staff memo associated with that agenda item: The Common Council approved some changes to 7th Avenue in connection with the new CVS pharmacy at the intersection of Koeller Street and 9th Avenue. One change relocated the intersection of Koeller Street and 7th Avenue to the northwest, creating a full access intersection; the other change closed 7th Avenue just west of Lilac Street,prohibiting through traffic between Koeller Street and Lilac Street. The combined effect of these changes creates some challenges for trucks which may need to access commercial use properties on either side of this short section of 7th Avenue. Based on truck turning templates submitted by the CVS developer, trucks will not be able to complete their turns if vehicles are parked on-street in this area. The request would remove this on-street parking. Page 5 of 5 Explanation of Traffic Ordinance Changes Though it accesses commercial properties, 7th Avenue is classified as a local street. The guidelines shown in Table 1 relate the type of parking restriction that is typically used for local streets, according to its width. The current street width is 32 feet. Staff observations indicate infrequent on-street parking in this area, primarily due to the availability of off-street parking at these commercial destinations. Therefore, this request should not have a major impact on adjacent properties. I recommend approval of this request. The Board approved the request 7-0 at its September meeting, and the Council subsequently approved the ordinance change at the October 8 meeting. The owner of AE Jewelers, located adjacent to the affected area, contacted staff in late October, requesting that some parking be restored to this area. They indicated that the store previously used this portion of 7th Avenue for employee parking, and are concerned about a lack of sufficiently close parking options for their employees. They have requested that some on-street parking be provided, west of the cul-de-sac bulb. This request was reviewed by the Department of Public Works and the Fire Department. The Fire Department felt that this parking allowance would not hinder the ability of their vehicles to turn around in the cul-de-sac if needed. The Department of Public Works thought it should work, although they noted there could be potential issues if delivery trucks into Pumpkin Patch(a day care on the north side of the street) need to back into the street, or if CVS deliveries occur via 7th Avenue. An attachment shows a"truck turning template" for a truck turning off of Koeller Street onto 7th Avenue, based on a preliminary version of the street geometry. PASSED BY TRAFFIC REVIEW BOARD (6-0)