HomeMy WebLinkAbout2009 07 27 Public Hearings 500 Ordinance 2009-07 Commercial Vehicles in Residential ZonesITEM 500
CONSENT
INFORMATIONAL
PUBLIC HEARING X
REGUL
July 27, 2009 MGR 1~~/DEPT~
Meeting Authorization
REQUEST: The City Attorney, in cooperation with Police Department, Code
Enforcement Bureau, requests that the City Commission hold a Second Public Hearing to
Consider Ordinance Number 2009-07, amending Chapter 20 of the City of Winter
Springs Code of Ordinances, as it relates to Commercial Vehicles in residentially zoned
area.
PURPOSE: The purpose of this agenda item is to request the City Commission hold a
Second Public Hearing on an ordinance to amend the City's Commercial Vehicles
regulations which have been temporarily suspended by Resolution 2009-15, to make
these regulations more conducive to businesses and employees residing in the city and
providing services to the community.
DISCUSSION: During the February 9, 2009 Commission Meeting, the City
Commission directed a work shop be held on March 12, 2009 to allow for residents and
citizens input on this issue. The Commission also temporarily suspended sections (7) and
(8) of Ordinance 20-434 concerning commercial vehicles with Resolution 2009-15. This
action has temporally exempted passenger cars, service vans, and trucks from covering
the lettering and storage racks on them while at their residence.
On the March 12, 2009 Commission meeting several members of the community spoke in
favor of amending the commercial vehicle ordinance. The commission directed that
Resolution 2009-15 would remain in effect and that the City Attorney provide a amended
ordinance to Chapter 20, commercial vehicles.
The City Commercial Vehicle Ordinance Sec 20-434(a) temporally exempting
subsections (7) and (8) allowing passenger cars, service vehicles, and trucks with
lettering does provide temporary relief for residents who have been making good faith
efforts to comply with the ordinance. These same residents that have periodically stopped
by their residence from time to time throughout the day or overnight and the code
enforcement bureau receiving telephones calls almost immediately for violations of the
ordinance.
LPA/P&Z Action: At the LPA/P&Z meeting on May 6, 2009, the LPA conducted a
public hearing, and voted 5-0 to recommend the modified ordinance 2009-07 to the
Commission for approval.
ISSUE ANALYSIS:
1. Section 20-432, City Code of Ordinances governing Commercial Vehicles defines
commercial Vehicles to be all passenger vehicles, trucks, trailers, with lettering
and construction equipment of any type used in or designed to be used in business.
2. There are approximately 110 neighborhoods that have deed restrictions and of that
a large number of them are mandatory. Mandatory Home Associations have there
own regulations and enforcement actions that are available to them. They typically
are more restrictive than city codes and address commercial vehicles in them.
3. Mrs. Janine Brunkala, at the January 26, 2009 City Commission meeting had
asked for assistance from the City Commission on amending the current
ordinances to remove the ban of commercial vehicles particularly those not
defined for commercial use by the Florida Department of Transportation (FDOT).
The Code Enforcement Bureau over the last four years has issued 747 violations of code
for commercial vehicles. Of the 747 only 64 of the violations were for oversized
registered commercial vehicles such as tow trucks, box trucks, etc., the remaining 683
were regular vehicles (Vans, passenger cars, SUV's) with lettering on them and/or ladder
racks. The Code Enforcement Bureau is asking the City Commission to review the chart
shown below and its effects from current ordinances pertaining to these issues.
Commission Action: At the Commission meeting on July 13, 2009, conducted a public
hearing, and voted 5-0 to recommend the modified ordinance 2009-07 to second reading
for approval.
RECOMMENDATION: The that the City Commission hold a Second Public Hearing
and approve the second reading of Ordinance No. 2009-07.
ATTACHMENTS:
A. Resolution 2009-15
B. Draft Ordinance Number 2009-07
C. Draft LPA Minutes March 6, 2009
D. Legal Notice July 16,2009
COMISSION ACTION:
ATTACHMENT A
RESOLUTION NO. 2009-15
A RESOLUTION OF THE CITY COMMISSION OF
WINTER SPRINGS, FLORIDA, TEMPORARILY
SUSPENDING SECTION 20-434(7) AND (8) REGARDING
PARKING OF CERTAIN KINDS OF COMMERCIAL
VEHICLES IN RESIDENTIAL AREAS PENDING A
REVIEW OF THE CITY'S COMMERCIAL VEHICLE
PARKING REGULATIONS; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the
State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, the City Commission has instructed City staff to review and update the
City's regulations pertaining to parking commercial vehicles within residential areas; and
WHEREAS, during the review of these regulations, the City Commission hereby finds
that it is in the best interests of the City to suspend certain, limited commercial vehicle parking
regulations as specifically set forth hereunder; and
WHEREAS, the City Commission of Winter Springs also finds that this Resolution is in
the best interests of the public health, safety, and welfare of the citizens of Winter Springs.
NOW THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY RESOLVES, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Commission of the City of
Winter Springs.
Section 2. Review o! City Code. The Police Chief and City Attorney are hereby instructed
to review the City's regulations regarding parking canvnercial vehicles in residential areas of
the City and to provide a recommendation with respect to any necessary amendments to said
regulations.
Section 3. Susnendine Section 20-434(7) and (8). Winter Snrinss Code. The
enforcement of Sections 24-434 (7) and (8} are hereby suspended until the Code review required
under Section 2 has been completed and as otherwise directed by the City Commission by
resolution or ordinance.
Section 4. Egective Date. This Resolution shall become effective immediately upon
adoption by the City Commission.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting
assembled on the 9~' day of February 2009.
_~
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J F. BUSH,11~yor
ATTEST:
`J
An ezo-L,uaces, City Clerk
Approved as to legal form and sufficiency for
The City of Winter Springs only:
Anthony A. Garganese, City Attoroey
ATTACHMENT B
ORDINANCE N0.2009- 07
A ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTER 20
OF THE CITY CODE REGARDING THE REGULATION OF
COMMERCIAL VEHICLE PARKING WITHIN
RESIDENTIALLY ZONED DISTRICTS; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, for years, the City of Winter Springs has regulated the parking of
certain kinds of commercial vehicles within residential zoning districts; and
WHEREAS, the City Commission has recently conducted several meetings and
workshop to evaluate said parking regulations; and
WHEREAS, based on information and testimony obtained at these meetings, the
City Commission desires to modify said parking regulations in order to provide residents
with more flexibility in parking certain kinds of small, take home commercial vehicles;
and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby
finds this ordinance to be in the best interests of the public health, safety, and welfare of
the citizens of Winter Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Code Amendment. The City of Winter Springs Code Chapter 20 is hereby
amended as follows (underlined type indicates additions and st~il~ee~rt type indicates
deletions, while asterisks (***) indicate a deletion from the Ordinance of text existing in
Chapter 20. It is intended that the text in Chapter 20 denoted by the asterisks and set forth
in this Ordinance shall remain unchanged from the language existing prior to adoption of
this ordinance):
City of Winter Springs
Ordinance No. 2009-07
Page 1 of 4
Chapter 20
~~~
Article V. Supplemental District Regulations
Division 2. Motor Vehicles.
***
***
Sec. 20-432. Commercial vehicle--Definition.
For purposes of this chapter, commercial vehicles are defined to be all pus,~er~gers
-,, trtie~s, trailers, over sized vehicles, commercially registered vehicles, and
construction equipment of any type used in or designed to be used in business; all
vehicles temporarily or permanently designed to accommodate, support, house, store,
deliver or transport material, supplies, equipment machinery or power plants of all types;
all construction related equipment; and all vehicles of any type, trailers and construction
equipment upon which a business name or sign is permanently or temporarily affixed.
***
Sec. 20-434. Authorized commercial vehicles in residential areas.
(a) One (1) commercial vehicle per dwelling unit may be parked in residentially zoned
districts of the city provided:
(1) Said vehicle is not asemi-trailer truck tractor or semi-trailer truck trailer;
(2) Said vehicle is not a stake body or flat bed truck;
(3) Said vehicle is not construction-related equipment such as a backhoe, front-end
loader, utility tractor, etc.;
(4) Said vehicle is not a vehicle of any type used to transport hazardous materials as
defined by law;
(5) Said vehicle is not a utility trailer of more than twelve (12) feet in length, inclusive of
tool boxes and other storage areas, however exclusive of the tongue hitch;
(6) Said vehicle is not a single or dual rear wheeled vehicle in excess often thousand
eight hundred (10,800) pounds gross vehicle weight, or twenty-two (22) feet in length, or
in excess of eight (8) ft. in height;
City of Winter Springs
Ordinance No. 2009-07
Page 2 of 4
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(b) A homeowners association as defined in the Florida Statutes, apartment complex, or
mobile home park may set aside common property, owned by the association, complex,
or park, as an area set aside for the storage or parking of commercial and/or recreational
vehicles, provided said area is fenced by an opaque fence not less than six (6) feet in
height that totally prevents the viewing of said vehicles from surrounding properties and
roadways.
***
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All
prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of
prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of
the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated
into the Winter Springs City Code and any section or paragraph, number or letter, and any
heading may be changed or modified as necessary to effectuate the foregoing.
Grammatical, typographical, and like errors may be corrected and additions, alterations,
and omissions, not affecting the construction or meaning of this Ordinance and the City
Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase,
word or provision of this ordinance is for any reason held invalid or unconstitutional by
any court of competent jurisdiction, whether for substantive, procedural, or any other
reason, such portion shall be deemed a separate, distinct and independent provision, and
such holding shall not affect the validity of the remaining portions of this ordinance.
City of Winter Springs
Ordinance No. 2009-07
Page 3 of 4
Section 6. Effective Date. This Ordinance shall become effective
immediately upon adoption by the City Commission of the City of Winter Springs,
Florida, and pursuant to the City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of , 2009.
JOHN F. BUSH, Mayor
ATTEST:
ANDREA LORENZO-LUACES
City Clerk
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR THE CITY OF WINTER SPRINGS ONLY.
ANTHONY A. GARGANESE
City Attorney
First Reading:_
Second Reading:
Effective Date:
City of Winter Springs
Ordinance No. 2009-07
Page 4 of 4
ATTACHMENT C
PUBLIC HEARINGS
501. Office Of The City Attorney And Police I3epartment -Code Enforcement
Bureau
Request That The Planning And Zoning Board Hold A Public Hearing To Conskler
Ordinance Number 2009-07, Ameading Chapter 20 Of The City Of Winter Springs
Code Of Ordinances, As It Relates To Commercial Vehicles In Residentially Zoned
Area.
Captain Tolleson introduced this Agenda Item.
Chairman Lacey asked, "How is it that a Resolution can effectively negate an
Ordinance?" Captain Tolleson replied, "It did not negate it, it temporarily suspended
those two (2) lines of Section 20-434. (7) and ($), which calks about the lettering. The
rest of it you may wish to ask the City Attorney on which trumps the other one." Captain
Tolleson then added, "If you like, I can call Anthony (A. Garganese, City Attorney)
tomorrow and get that and call you and let you know, if you like." Chairman Lacey
stated, "I will ask him myself." Captain Tolleson replied., "Okay."
Continuing, Captain Tolleson stated, "The passage of this Ordinance will not supersede
anything within a deed restricted community."
CRY OF WINTER SPRINGS, FlAR1DA
MINUTES
PLANNING AND ZONING BOARDa'LOCAL PLANNING AGENCY
REGULAR NEE7ING -MAY 6.2W9
PAGE 4 OF K
Chairman Lacev opened the "Public Input " pvrtion of this Agenda Item.
No one spoke.
Chairman Lacey closed the "Public Input "portion of this Agenda Item.
"I RECOMMEND APPROVAL OF ORDINANCE 2009-07 AS PRESENTED BY
CAPTAIN TOLLESO.N." MOTION BY VICE CHAIRMAN POE. SECONDED
BY BOARD MEMBER HEATWOLE. DISCUSSION.
VOTE:
BOARD MEMBER 1C.ARR: AYE
BOARD MEMBER REVICZKY: AYE
CHAIRMAN LACEY: AYE
VICE CHAIRMAN POE: AYE
BOARD MEMBER HEATWOI.E: AYE
MOTION CARRIED.
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ATTACHMENT D
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ORDINANCE NO. 2009-07
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING
CHAPTER 20 OF THE CITY CODE REGARDING THE
REGULATION OF COMMERCIAL VEHICLE PARKING
WITHIN RESIDENTIALLY ZONED DISTRICTS;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; INCORPORATION
INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE
DATE.
WHEREAS, the City is granted the authority, under 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, for years, the City of Winter Springs has regulated the parking of certain kinds
of commercial vehicles within residential zoning districts; and
WHEREAS, the City Commission has recently conducted several meetings and workshops
to evaluate said parking regulations; and
WHEREAS, based on information and testimony obtained at these meetings, the City
Commission desires to modify said parking regulations in order to provide residents with more
flexibility in parking certain kinds of small, take home commercial vehicles; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Code Amendment. The City of Winter Springs Code Chapter 20 is hereby
amended as follows (underlined type indicates additions and strikeout type indicates deletions, while
asterisks indicate a deletion from the Ordinance of text existing in Chapter 20. It is intended
that the text in Chapter 20 denoted by the asterisks and set forth in this Ordinance shall remain
unchanged from the language existing prior to adoption of this ordinance):
City of Winter Springs
Ordinance No. 2009 -07
Page 1 of 4
Chapter 20
Article V. Supplemental District Regulations
Division 2. Motor Vehicles.
Sec. 20 -432. Commercial vehicle Definition.
For purposes of this chapter, commercial vehicles are defined to be all
trailers, over sized vehicles, commercially registered vehicles, and construction equipment of any
type used in or designed to be used in business; all vehicles temporarily or permanently designed to
accommodate, support, house, store, deliver or transport material, supplies, equipment machinery
or power plants of all types; all construction related equipment; and all vehicles of any type, trailers
and construction equipment upon which a business name or sign is permanently or temporarily
affixed.
Sec. 20 -434. Authorized commercial vehicles in residential areas.
(a) One (1) commercial vehicle per dwelling unit may be parked in residentially zoned districts of
the city provided:
(1) Said vehicle is not a semi trailer truck tractor or semi trailer truck trailer;
(2) Said vehicle is not a stake body or flat bed truck;
(3) Said vehicle is not construction- related equipment such as a backhoe, front -end loader, utility
tractor, etc.;
(4) Said vehicle is not a vehicle of any type used to transport hazardous materials as defined by law;
(5) Said vehicle is not a utility trailer of more than twelve (12) feet in length, inclusive of tool boxes
and other storage areas, however exclusive of the tongue hitch;
(6) Said vehicle is not a single or dual rear wheeled vehicle in excess of ten thousand eight hundred
City of Winter Springs
Ordinance No. 2009 -07
Page 2 of 4
(10,800) pounds gross vehicle weight, or twenty -two (22) feet in length, or in excess of eight (8) ft.
in height;
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(b) A homeowners association as defined in the Florida Statutes, apartment complex, or mobile
home park may set aside common property, owned by the association, complex, or park, as an area
set aside for the storage or parking of commercial and/or recreational vehicles, provided said area
is fenced by an opaque fence not less than six (6) feet in height that totally prevents the viewing of
said vehicles from surrounding properties and roadways.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
City of Winter Springs
Ordinance No. 2009 -07
Page 3 of 4
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting
assembled on the day of 2009.
�CJJ
J3) N F. BUSH, Mayor
ATTEST:
A LORENZO LUACES
City lerk
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR THE CITY OF WINTER SPRINGS ONLY.
ANTHONY A. GARGANESE
City Attorney
First Reading: July 13, 2009
Second Reading: July 27, 2009
Effective Date: See Section 6.
City of Winter Springs
Ordinance No. 2009 -07
Page 4 of 4