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HomeMy WebLinkAbout1999 07 12 Public Hearings Item F COMMISSION AGENDA ITEM F Consent Informational Public Hearing X Regular July 12. 1999 Meeting ) .~ I\~ Mir~ 1 Authorization REQUEST: The Community Development Department-Code Enforcement Division requests the City Commission hold a public hearing for the ftrst reading of Ordinance 731 to amend the City Code that deals with commercial vehicle parking in residential areas. PURPOSE: The purpose of this agenda item is to amend Section 20-435 and Section 20-437 of the City Code that deals with commercial vehicle parking in residential areas. APPLICABLE LAW AND PUBUC POLICY: On June 28, 1999, ordinance 721 was adopted to redefine and restrict commercial vehicles in residential areas. Ordinance 731 further clarifies and amends those restrictions. CONSIDERATIONS: . The City Commission adopted Ordinance 721 on June 28, 1999 restricting and regulating the parking of commercial vehicles in residential areas, . The City Commission on June 28, 1999 considered a veto statement introduced by the Mayor and directed Staff to make certain changes which are reflected in Ordinance 731. CDD/July 7, 199913:22 PM JULY 12,1999 PUBLIC HEARING AGENDA ITEM F Page 2 IMPLEMENTA TION: The City Commission will hold a public hearing for the second reading and adoption of Ordinance 731 on July 28, 1999, This change to Ordinance 721 will take effect upon adoption of Ordinance 731. FUNDING: n/a STAFF RECOMMENDATION: Staff recommends the City Commission hold a public hearing to approve the first reading of Ordinance 731 to amend Section 20-435 and Section 20-437 dealing with commercial vehicles in residential areas. ATTACHMENTS: A. Ordinance 731 B, Veto statement concerning Ordinance 721 (commercial vehicles) COMMISSION ACTION: CDD/July 7,199913:22 PM ATTACHMENT A ORDINANCE NO. 731 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING SECTION 20-435 DEALING WITH AUTHORIZED COMMERCIAL VEmCLES IN RESIDENTIALLY ZONED DISTRICTS WITH PARCELS OF 5 ACRES OR MORE; AND AMENDING SECTION 20-437 DEALING WITH COMMERCIAL VEmCLES EXEMPTED FROM THE PROVISIONS OF TmS ORDINANCE; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs has reviewed the provisions of Ordinance 721 dealing with commercial vehicles in residential areas; and, WHEREAS, the City Commission has determined that revision is needed to further clarify the intent of the City Commission; and, WHEREAS, the zoning districts referred to in Section 20-437 are no longer current; and, WHEREAS, the language of Section 20-435 requires clarification. NOW, THEREFORE BE IT ORDAINED BY THE CITY OF WINTER SPRINGS: SECTION 1. Section 20-435 is amended to read as follows: Section 20-435 Authorized Commercial Vehicles In .....grieultural ADtI RaDelllaDtI Residentiallv Zon~- Districts With Parcels of 5 Acres Or More: Utility vehicles used to maintain the site or horse trailers of any length are permitted within any parcel of 5 acres or more within any r8:Rohland or agrioult1:lr-a1 a residentiallv zoned district provided that they are not visible from any rights-of-way or abutting property, SECTION 2, Section 20-437 of the City Code is amended to read as follows: Section 20-437 Exempted Vehicles 1) Governmental vehicles Police, fire, rescue, and other governmental vehicles which serve a vital public safety, health to welfare purpose as determined by the City are exempted from the restrictions of this ordinance and may be parked in residentially zoned districts of the City. 2) Automobiles Automobiles which may be used in business but which do not have visible commercial lettering. signage. materials. supplies. equipment. storage racks attached thereto or stored thereupon are exempted from the Vrovisions of this ordinance, SECTION 3. Conflicts. All Ordinances in conflict with the provisions of this Ordinance are hereby superceded and this Ordinance shall prevail. SECTION 4. Severability, If any words, phrase, sentence, or portion of this Ordinance is stricken by a Florida Court of competent jurisdiction, all other terms and conditions of the Ordinance not specifically stricken shall remain in full force and effect. SECTION 5. Effective Date. This Ordinance shall become effective upon passage, DONE AND ENACTED in regular of the City Commission of the City of Winter Springs, Florida this day of , 1999, CITY OF WINTER SPRINGS, FLORIDA ~ayorPaulP.Partyka ATTEST: Andrea LorenzO-Luances, Acting City Clerk ATTACHMENTB .' CITY OF WINTER SPRINGS, FLORIDA OFFICE OF THE MAYOR 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 June 28, 1999 VETO STATEMENT CONCERNING ORDINANCE 721 (COMMERCIAL VEHICLES) I have decided to veto ordinance 721 because a monster has been created. After the many meetings on this issue, I had asked the city clerk to fax me the fmal version to me so that I could review it in total. That was two Fridays ago. After reviewing it throughout the weekend and then confirming what it said with Mr. Guthrie. I decided that this ordinance is a classic example of GOVERNMENT GOBBL YGOOK My rhetorical question to the Commission is have you read the fmal version and do you understand the implications for our working citizens? This new ordinance will have negative ramifications not for the 100 or so households initially planned to fix but, in addition, will affect potentially thousands of households throughout the city. In my neighborhood alone it affects at least 5 households including myself. This is another example of how government has taken a relatively simple concept.. .Make the city a nicer place to live. Instead it has overreacted and made it difficult for its working citizens through unnecessary, .)mprecise and unfair language in the ordinance, In fact it probably infringes on their Constitutional Rights. I read that I am doing this for political reasons, Yes, but not for me, but for the Commissioners. Let me illustrate some key points, The current law on commercial vehicles is clear that it's intention is to prevent trucks or vehicles that are rated more than * ton. It refers to dual rear wheel vehicles, trailers and certain type of vehicle bodies. It was simple to understand and the intent was to stop heavy-duty type of vehicles used in the common sense standard of commercial use. Now here's what has happened when government officials take over and create GOVERNMENT GOBBL YGOOK Take a simple v.i page ordinance, turn it into a monster ordinance that changes the spirit of what needs to be done, makes it unwieldy to administer, creates a situation where people will be breaking the law and won't even know they're doing it. Let me read the proposed definition of commercial vehicle: Section 20-432 For purposes of this Chapter, commercial vehicles are defined to be all passenger vehicles. trucks, trailers, and constmction equipment of any type used in or designed to be llsed in business; all vehicles temporarily or p-ermanently designed to accommodate, support, hOllse, 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 constmclio/1 equipment upon which a business name or sign is 12ermanentlv or temporarily affixed And Section 20-434 One commercial vehicle per dwelling may be parked in residentially zoned districts of the City... Now let me illustrate some examples of its implications: I. The new definition of commercial vehicles goes beyond trucks and includes all passenger cars used for business with or without commercial lettering; for temporary or permanent use, So for families that have 2 business cars (these could be company cars or private cars) because the man and woman or (perhaps a child) work for companies that give them a very nice car, can now only have I authorized per dwelling. What do you do with the second car? Who is going to tell the household that the two cars, one from Mary Kay and one from xyz company, only one ia allowed and the other is not. Or the person that has a business truck and has a second passenger car also used for business. Guess what? They must get rid of it, park it somewhere else or move out of the city? Does that make sense? It doesn't to me. This law will affect thousands qfwage- earning homes in this city. 2. Here's another one. Section 20-435, it reads: . fjtility vehicles used to maintain the site or horse trailers of any length are permitted 'Nithin any parcel of 5 acres or more 'Nithin any ranchland or agricultural zoned district provided that they are not visible from any rights-ol-way or abutting property. Guess What? In the current zoning designations of the city there is no such zoning as ranchlands or agricultural zoning. How did this language happen? 3, What is the implication of the statement I just read. Residents that have. more than 5 acres and are in a residential community (such as Dunmar Estates that is zoned for a minimum of I acre) cannot have a utility vehicle to take care of the land because it may be a non-conforming vehicle whether it is hidden or not. Those residents can only have 1 authorized vehicle for business (truck or passenger). In fact there can be a case made that certain tractors used for lawnwork may be construction-related and are non-conforming vehicles. The second vehicle may be non- conforming or needs to parked elsewhere or move out. By the way, horse trailers on these properties will fall under the same limitations as the rest ofthe residential areas of the city, 4, Not to long ago the city has NOT BEEN GOOD in enforcing the current commercial vehicle law, And in some cases actually permitted these vehicles by issuing occupational licenses or permits. In effect we allowed those trucks in those neighborhoods. Now we have overreacted, we now are telling those same people you have two years or else (provided it is the only commercial vehicle you have). Get rid of that brand new truck (you just bought) two years from now or park it somewhere else or move out. Well let me tell you that is plain NOT FAIR, In actual fact, we are dealing with 50, 100, maybe l50 non-conforming trucks. This is not a life or death issue but one of common sense and fairness. The fair thing to do is let nom1al attrition 2 take over. Grandfather these people. As the truck gets replaced then license only conforming trucks/vehicles. This is similar to what progressive companies do when they have to take job cuts. Let's be considerate of our wage-earning citizens. Through attrition, this problem will go away in a few years without causing a hardship for these citizens. 5. Here's something that riles me, We slap them with a new law that potentially affects their livelihood.. .then charge them $25 to permit that to happen. Talking about big brother. Let's face it, we are only talking about a relatively small number of vehicles under this category. In fact, the permit process creates a burden for the working citizen and the city. Perhaps we should pay them as they come in for their lost time. Or take one progressive step forward. Eliminate the permit process. If they are grand fathered then all new vehicles whenever they get licensed will be told whether it complies or not. This saves the city and the citizen time in doing administrative GOBBL YGOOK Our job when this issue came up was simply to update the current ordinance. Educate all people throughout the city about the ordinance and its intent. We, as elected officials, need to make sure our laws are fairly, and with some common sense, applied. If they are not.. . get rid of them. Instead, we created a monster that will penalize thousands of households, goes way beyond its original intent, is not clear in its application, refers to zoning areas that don't exist, is not fair, and is not clear on how to administer. . -po not override the veto but show our citizens that you understand their plight by make a -pragmatic and realistic law that makes our city nicer and treats our wage-earning residents with respe~ Paul P. ~a Mayor ., -)