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2019-01ORDINANCE NO.2019-01 AN ORDINANCE AMENDING CHAPTER 98, ARTICLE IV OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, TO REPEAL AND REENACT DIVISION 3 (PERTAINING TO RESIDENTIAL PARKING PERMITS), AND TO ADD A NEW DIVISION 4 (ESTABLISHING A GREEN ACRES CENTER PARKING PERMIT DISTRICT). BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 98, Article IV, Division 3, of the Code of the City of Fairfax, Virginia, be and the same is repealed and reenacted to read in its entirety as follows: "Sec. 98-206. - Definitions. For the purpose of this division, the following words and phrases shall have the meanings respectively ascribed to them by this section: Activity Center means the area(s) designated for mixed use, limited residential development in the City's comprehensive plan and identified on the City's future land use map. Block means the land abutting on two (2) sides of a street, extending to the rear lot lines of lots fronting on said street. Blocks shall start at an intersecting street and end at the next intersecting street; or the end of the street; or the boundary of any railroad right-of-way, park, school ground, or other significant division of a street as determined by the City of Fairfax Department of Public Works. Block face means the land abutting one side of a block. Historic Overlay District means any district established by the city to promote the general welfare, education and pleasure of the public by preserving and protecting the character of properties with historic, architectural, and cultural significance. This includes the Old Town Fairfax Historic Overlay District which also encourages a compatible mix of residential and non- residential uses within the district, as well as other historic districts as set forth on the city's zoning map. Mixed use development means an area that contains a mix of residential and non-residential uses on the same block or within the same development; or properties zoned PD-M as defined in the zoning code. Multifamily residential area means buildings designed with three or more dwelling units with shared walls and/or floors, including townhouses, apartments, and condominiums; or properties zoned RT-6, RT, or RMF as defined in the zoning code. Old Town Fairfax Transition Overlay District means the district established by the city to encourage a compatible mix of residential and non-residential uses within the designated transition area, as set forth on the city's zoning map. On -street parking space means an area on the side of the street that is 20 linear feet and is not in an area where parking is prohibited as regulated in section 98-143 (such as within 30 feet of a stop sign). Permit means (1) a vehicle license (decal) that displays the permit parking district identification number; (2) a visitor pass that displays the residential identification number; or (3) a temporary visitor pass, in each case issued by the city. Permit parking district means a residential district in which parking is prohibited except in accordance with this division. Each permit parking district will be assigned a unique identification number. Planned development means an area that is comprehensively planned to provide a mix of housing types and/or residential and non-residential uses and community amenities, with the intent of providing a more livable, affordable and sustainable community; or properties zoned PD-R or PD-M in the zoning code. Single family residential area means a residential area where residential buildings contain one dwelling unit (single family detached) or two dwelling units on two lots (single family attached, i.e. a duplex); or properties zoned RL, RM, or RH as defined in the zoning code. Visitor means a person who stays temporarily at a residence but is domiciled outside the residential permit parking district as designated in this accordance with this division. Sec. 98-207. - Parking in permit parking districts. (a) Whenever the city council shall determine that the public streets of a particular residential area meet the criteria established in section 98-209, the city council may consent to restrict or prohibit parking during certain hours and days as deemed appropriate in individual districts based on parking usage patterns in such district. In such cases the city council shall cause appropriate signs giving notice of the restrictions or prohibitions to be posted on those streets. Parking may be restricted to two hour parking by visitors without permits, with no time limits for residents or visitors with permits, as determined under section 98-209 (h); or all parking may be prohibited, except parking by the holders of permits granted under the following conditions: (1) For each vehicle belonging to a person who resides in the particular district for which the person pays personal property taxes to the city and displays a city license (decal) on the vehicle, there may be issued one permit entitling that vehicle to park in the restricted district. People who reside within the district for part of the year but pay taxes in another jurisdiction (such as university students) may qualify if they demonstrate that they have paid taxes in their home jurisdiction and provide proof of residence in the district. (2) Each residence within a restricted district shall be issued two visitors' permits. Such permits shall be limited to a stated period not to exceed one year. Upon approval of the city manager, additional visitor permits for visitors to a particular residence within a restricted district may be issued for a period not to exceed seven days or, at the discretion of the city manager upon the demonstration of a specific need, for a period not to exceed one year. (3) Such permits may be issued to persons who do business with any resident of any particular district in which parking is so restricted during the hours of such restriction, limited to that particular district in which parking is so restricted and in which any such person so transacts business. (b) Following the consent by city council to designate an area of a permit parking district, the city manager shall cause parking signs to be posted in the district indicating the parking restrictions. It shall be unlawful to park in these districts without displaying a permit as required. Sec. 98-208. - Exemptions. The parking prohibitions contained in this division shall not apply to service or delivery vehicles which are being used to provide services or make deliveries in a permit parking district. Sec. 98-209. — Procedure and criteria for designating a residential permit parking district. (a) In order to determine whether a particular residential area should be designated as a permit parking district, the city manager shall have conducted, upon submission of a valid resident petition, an evaluation to determine whether the criteria described establish the district as one qualified to become a permit parking district. Evaluation criteria, described below, include: • Resident petition -- minimum 66% signatures required • District size — minimum four contiguous blocks • Residential area — minimum 75% single family residential properties • Average parking use - 75% occupied 150% non-resident • Other relevant factors as appropriate, such as feasibility considerations, availability of off-street parking and the impacts of automobile use within the district (b) Resident petition: When submitting a petition, residents should describe the extent of the desired district, the desired hours of restriction, and any relevant comments about the perceived issues. A valid resident petition must contain signatures from a minimum of 66% of households in the desired permit parking district. (c) District size: A new permit parking district shall be a minimum of four contiguous blocks. This minimum size criteria may be waived if a justification for a smaller district can be provided based on the community context (such as natural, political or other boundaries constraining the size or if a portion of the proposed district is not residential). A new permit parking district shall not be established if it is contiguous with an existing permit parking district; in such cases residents should request an evaluation to join the existing district as outlined in section 98-214. All permit parking districts must only contain full blocks as defined in this section, regardless of total size. (d) Residential area: A permit parking district designated under this section must only contain block faces where at least 75% of properties abutting each block face are single family residential and are not located within a historic overlay district or the transition overlay district. Multifamily, mixed use, and planned development areas and residences located in a historic overlay or transition overlay district are not eligible to be designated as permit parking districts under this section. (e) Average parking use: A permit parking district must contain blocks where at least 75% of the parking spaces are occupied and at least 50% of those spaces are occupied by non-resident vehicles. To determine whether these criteria are met, a block -by -block survey of the affected district will be taken on two different weekdays at different times to document the number of available on and off-street parking spaces, the average total parking occupancy and the average occupancy by non-resident vehicles. (f) Upon completion of such survey and staff analysis of the request, a staff recommendation shall be submitted to the city manager for his subsequent recommendation to the city council. (g) In making his recommendation to the city council the city manager shall define the location, restricted hours, and hourly visitor parking rules or other exceptions for the district. Restricted hours shall not include overnight parking. (h) Parking restrictions in districts abutting and within a quarter mile walk of a school, university, or activity center shall limit on -street parking without a permit to two hours unless otherwise determined by the city manager. (i) After the city manager submits his recommendations to the city council, council may consent to designate an area which qualifies under the described criteria as a permit parking district. 0) Prior to posting signs restricting an area as a permit parking district, notice must be sent to each household within that district, stating that the occupants of that household are required to obtain a permit for each vehicle parked in the designated district. Sec. 98-210. - Issuance of permits to residents. (a) After the council consents to designate a permit parking district, the city treasurer shall issue parking permits to the residents of the district. This issuance shall take place upon proof of the applicant's residence and upon proof that the applicant has paid personal property taxes as required in the city and has purchased a city tag for the vehicle for which a permit is being requested. Additionally, people who reside within the district for part of the year but pay taxes in another jurisdiction (such as university students) may qualify if they demonstrate that they have paid personal property taxes in their home jurisdiction and provide proof of residence in the district. Notwithstanding the conditions contained in this subsection, new residents to this city shall be issued permits upon showing that they have recently purchased or leased property for residential purposes in the restricted district. (b) Any such person applying for a permit shall show to the city treasurer 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 issued under this section shall surrender it to the city treasurer or his authorized representative. No permit issued under this section shall be valid for more than one year, but may be renewed upon its expiration, provided that the conditions for the eligibility continue to exist. (c) It shall be unlawful for any person to represent that he is entitled to such a permit when he is not so entitled or to fail to surrender a permit to which he is no longer entitled. It shall also be unlawful for any person to park a vehicle displaying such a permit at any time when the holder of such a permit is not entitled to hold it. (d) Residents are considered part of the district and are eligible to receive parking permits if they reside in a single family residence that abuts a block face within the designated district. This includes properties fronting the restricted street and properties fronting a cross -street but with a side yard abutting the designated district. Residents in multifamily, mixed use, or planned developments are not eligible to receive parking permits under this section for any district established or modified after January 1, 2019. Sec. 98-211. - Issuance of permits to visitors. On the application of any resident of the restricted district, the city treasurer or his authorized representative shall issue two visitor permits limited to a particular residence in the particular permit parking district. These visitor permits shall be for a period of no more than one year. Upon approval of the city manager, additional visitor permits may be issued to a particular residence within such permit parking district and shall be limited to a period of no more than seven days. Upon application to the city treasurer including notification by the resident to adjacent neighbors and the demonstration of specific need resulting from more frequent visitors in conjunction with the residential use of the property, additional one-year visitor permits may be issued at the discretion of the city manager. Visitor permits allow visitors to park all day and are not restricted to two-hour visitor parking. Sec. 98-212. - Issuance of permits to persons doing business with a resident of a permit parking district. On the application of any person doing business with a resident of a permit parking district, the city treasurer or his authorized representative shall issue a permit for parking in the permit parking district limited to that particular permit parking district and for a period of no more than the estimated time required to complete the business transaction. In no case shall the permit be valid for more than one week. Sec. 98-213. - Special events parking. The city manager may waive the enforcement of the residential permit parking system for the purpose of providing parking for special events. Normally this waiver will be valid for one day only. Sec. 98-214. - Changes in permit parking district boundaries. The city council may consent to alter the boundaries of an existing permit parking district provided that the additional blocks qualify as outlined in section 98-209. The expanded district must meet all of the same criteria as a new district as outlined in section 98-209 with the exception of minimum size. An expansion to an existing district must be a minimum of two full blocks contiguous to the existing district. Sec. 98-215. — Enforcement and penalties. It shall be unlawful for anyone to park a motor vehicle in violation of the provisions of this section. (a) Parking during the restricted hours without properly displaying a residential permit or visitor permit or improperly parking a vehicle displaying a permit at such time as the holder of such permit is not entitled to hold it shall be punishable by a fine of $50.00. (b) Parking beyond the posted time limit for visitors without passes, where applicable, shall be punishable by a fine of $50.00. Sec. 98-216. — Non -conforming districts. Notwithstanding the requirements listed in this division, residential permit parking districts established or modified prior to January 1, 2019 shall not be required to meet the new requirements in this division unless modifications are requested or unless major changes are made to the street or properties abutting the street, with the following exceptions: (a) Residential permit parking districts created in areas with planned development or multifamily housing will be maintained until such time that a policy is established to regulate on - street parking by multifamily or planned developments. At that time these districts will be re- evaluated under that policy. Requests for new districts that are requested after January 1, 2019 shall be required to comply with the provisions in this division. Requests for modifications to existing districts shall adopt the same parking restrictions as the existing district that is being modified. Secs. 98-217-98-224. - Reserved" BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 98, Article IV, of the Code of the City of Fairfax, Virginia, be and the same is amended to add a new Division 4, to read in its entirety as follows: "DIVISION 4. — GREEN ACRES CENTER PERMIT PARKING DISTRICT Sec. 98-225. — Establishment and Purpose. There is hereby established a Green Acres Center Permit Parking District (GAPPD), to support the parking needs of the Green Acres Center, located at 4401 Sideburn Road. Sec. 98-226. — Permit Parking District Boundaries. The GAPPD shall be located on Sideburn Road, generally adjacent to the community center, as designated from time to time by the City. The GAPPD incorporates the off-street parking lots connected to Green Acres, together with on -street parking areas on both sides of Sideburn Road from the southern property line of 10321 Beaumont Street to the southern city boundary. Sec. 98-227. — Issuance of Parking Permits. The Green Acres Center staff shall issue parking permits to regular visitors to the Green Acres Center (such as students in community classes and members of clubs) and shall establish a daily visitor log to identify infrequent visitors to facilitate parking enforcement. Sec. 98-228. — Enforcement and Penalties. It shall be unlawful for anyone to park a motor vehicle in the GAPPD in violation of the provisions of this section. No person shall park in the GAPPD who is not issued a permit or identified as a Green Acres Center visitor on the daily visitor log. Parking in violation of this section shall be punishable by a fine of $50.00. Secs. 98-229-98-240. - Reserved" This Ordinance shall become effective as provided by law. INTRODUCED: November 27, 2018 PUBLIC HEARING: January 8, 2019 ADOPTED: January 8, 2019 Mayor Date ATTEST: Votes Councilmember DeMarco Aye Councilmember Lim Aye Councilmember Miller Aye Councilmember Passey Aye Councilmember Stehle Aye Councilmember Yi Aye