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HomeMy WebLinkAbout1999 11 22 Public Hearings Item E COMMISSION AGENDA ITEM E Consent Informational Public Hearing X Regular November 22.1999 Meeting -~ ~ Mgr. I Authorization REQUEST: The Community Development Department-Code Enforcement Division requests the City Commission holds a public hearing for the first reading of Ordinance No.754 to amend the City Code that deals with storage of commercial vehicles in residential areas. PURPOSE: The purpose of this agenda item is to hold a public hearing for the first reading of Ordinance No. 754 which amends Ordinance 721 of the City Code that deals with commercial vehicles in residential areas. APPLICABLE LAW AND PUBLIC POLICY: The current regulation prohibits the storage of commercial vehicles in residential areas. Some commercial vehicles are exempt from these regulations, and some vehicles may obtain a Limited Term Parking Permit to allow them to be parked in residential areas for a limited time. Other commercial vehicles are prohibited from being parked in residential areas entirely. CDDINovember 17, 1999/3:44 PM NOVEMBER 22,1999 PUBLIC HEARING AGENDA ITEM E Page 2 CONSIDERATIONS: Under the current regulations, certain commercial vehicles may not be stored or parked in residential areas. However, some residential communities make available to their residents an area to park these vehicles. The Commission directed staff to amend the code so that commercial vehicles, otherwise prohibited, may be parked in places provided by these communities with certain restrictions. IMPLEMENTA TION: The City Commission will hold a public hearing for the second reading and adoption of Ordinance 754 on December 6, 1999. FUNDING: n/a STAFF RECOMMENDATION: Staff recommends the City Commission hold a public hearing to approve the first reading of Ordinance No. 754. ATTACHMENTS: A. Ordinance 754 B. Ordinance 721 COMMISSION ACTION: CDDlNovember 17, 1999/3:44 PM ORDINANCE NO. 754 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA AMENDING THE CITY OF WINTER SPRINGS CODE OF ORDINANCES, SECTION 20-434, AUTHORIZED COMMERCIAL VEIDCLES IN RESIDENTIAL AREAS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FORINCORPORA TION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission has sought to balance the interest of individuals who drive commercial vehicles home during non-work hours with the expressed desires of homeowners who perceive a potential adverse impact to their neighborhoods as a result of the aesthetic impact of commercial vehicles parked on residentially used or zoned properties; and, WHEREAS, the City Commission recognizes that communities may set aside a place to store commercial vehicles with conditions that lessen the adverse impact on surrounding properties; NOW, THEREFORE, THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Winter Springs Code Section 20-434 is hereby amended as follows: Section 20-434 Authorized Commercial Vehicles In Residential Areas..... 9) said vehicle is parked or stored in an area set aside for the storage or parking of commercial and/or recreational vehicles and that is fenced by an opague fence not less than six (6) feet in height that totally prevents the viewing of said vehicles from surrounding properties and roadways. Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 3. 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. Section 4. 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, 754 Page I of2 Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 1999. Paul P. Partyka, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk First Reading: Second Reading: Effective Date: City of Winter Springs Ordinancc No. 754 Page 2 of2 . ORDINANCE NO. 721 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, DEALING WITH COMMERCIAL VEHICLES, REGULATING OFF STREET PARKING OF COMMERCIAL VEHICLES, AND REGULATING COMMERCIAL VEHICLES IN RESIDENTIAL AREAS; AMENDING CHAPTER 9, TO ADD A NEW SECTION 9-279 ENTITLED "OFF STREET PARKING OF COMMERCIAL VEHICLES"; AMENDING CHAPTER 20, SECTION 20-431 ENTITLED "COMMERCIAL VEHICLE PARKING IN RESIDENTIAL AREAS"; AMENDING SECTION 20-432 ENTITLEJ[) "COMMERCIAL VEHICLES- DEFINITION"; ADOPTING A NEW SECTION 20-434 ENTITLED" AUTHORIZED COMMERCIAL VEHICLES IN RESIDENTIAL AREAS"; ADOPTING A NEW SECTION 20-435 ENTITLED"A UTHORIZED COMMERCIAL VEHILES IN AGRICULTURAL AND RANCHLANDS ZONING DISTRlCTS"; ADOPTING A NEW SECTION 20-436 ENTITLED "AUTHORIZED COMMERCIAL VEHICLE LIMITED TERM PARKING PERMITS"; ADOPTING A NEW SECTION 20-437 ENTITLED "EXEMPTED VEHICLES"; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs has conducted a series of workshops and public hearings on the issue of the proper level of regulations of commercial vehicles in residential areas of the City; and, WHEREAS, the City Commission has sought to balance the interest of individuals who drive commercial vehicles home during non-work hours with the expressed desires of homeowners who perceive a potential adverse impact to their neighborhoods as a result of the aesthetic impact of commercial vehicles parked on residentially used or zoned properties; and, WHEREAS, this Commission has determined that the regulations set forth herein most adequately balance the needs of the residents of the City and best serve the public interest of the City of Winter Springs and all of its residents. NOW, THEREFORE BE IT ORDAINED BY THE CITY OF WINTER SPRINGS: SECTION 1. Section 9-279, entitled "Off Street Parking of Commercial Vehicles" of Chapter 9 entitled: LAND DEVELOPMENT, is added to the Code of Ordinances to read as follows: Section 9-279 Off-street parkin$! of commercial vehicles Except for the temporary parking of vehicles conducting business on the premises or engaged in the loading or delivering of materials, no overnight parking of tractor trailers, cube vans, semitrailers and/or cabs shall be permitted on any off-street parking facility within the city. Vehicles owned or operated by the b'usiness located on the licensed premises may be parked overnight provided that they are parked behind the business or, if sufficient rear lot space is not available, in the least visible space from any right-of-way and abutting property. A Special Events permit may be obtained for a period not to exceed 14 days for the temporary parking of a trailer, semitrailer, and/or their cabs for special occasions. After 90 days, this permit may be renewed once during a 12-month period. SECTION 2. The City Code of the City of Winter Springs at Chapter 20 Zoning, is amended at Section 20-431 entitled: "Commercial Vehicles Parking in Residential Areas" by deleting the existing language in said Section 20-431( 1 a) and substituting the following ordinance language: SECTION 20-431 COMMERCIAL VEHICLE PARKING IN RESIDENTIAL AREAS. 1). Prohibitions a. Except as provided in Section 20-434 below, no person owning, renting or leasing real property in a residential zoned district shall cause or aHow to be parked on any residential property a commercial vehicle as defined in Section 20-432. SECTION 3. The City Code of the City of Winter Springs at Chapter 20, Zoning is amended at Section 20-432 entitled: "Commercial Vehicle Definition" by deleting the existing language in said Section 20-432 and substituting the following ordinance language: Section 20-432 Commercial Vehicle -Definition For purposes of this Chapter, commercial vehicles are defined to be all passengers vehicles, trucks, trailers, 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. SECTION 4. The City Code of the City of Winter Springs at Chapter 20, Zoning, is amended at Section 20-434 entitled: "Authorized Commercial Vehicles in Residential Areas" by the addition of the following ordinance language: Section 20-434 Authorized Commercial Vehicles In Residential Areas One 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 10,800 pounds gross vehicle weight or 22 feet in length, or in excess of 8 ft. in height, 7) said vehicle has no visible commercial lettering or signage, materials, supplies, equipment, or storage racks attached thereto, stored therein, or stored thereupon; and is parked in an enclosed garage or upon an improved or impervious surface in front of the front building line of the dwelling unit without intruding into the public right of way, 8) said vehicle has visible commercial lettering or signage, supplies materials, equipment, or storage racks attached thereto, stored therein or stored there upon, but is parked in an enclosed garage or behind not less than a six (6) foot high fence in such manner that the vehicle is not visible from surrounding dwellings or the public right of way SECTION 5. The City Code of the City of Winter Springs at Chapter 20 Zoning, is amended by adding a new Section 20-434 entitled: "Authorized Commercial Vehicles in Agricultural and Ranchlands Zoning Districts", said new Section 20-435 to read as follows: Section 20-435 Authorized Commercial Vehicles In Aericultural And Ranchland Zonine Districts. 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 ranchland or agricultural zoned district provided that they are not visible from any rights-of way or abutting property. SECTION 6. The City Code of the City of Winter Springs at Chapter 20 Zoning, is amended by adding a new Section 20-436 entitled: "Authorized Commercial Vehicles Limited Term Parking Permits", said new Section 20-436 to read as follows: Section 20-436 Authorized Commercial Vehicles- Limited-Term Parkin!! Permits One authorized commercial vehicle per dwelling unit, as defined in Section 20-434 above and not to exceed 10 feet in height, may be exempted from the garaging and fencing requirements of Section 20-434 until July 2, 2001,if the dwelling unit of the owner, user, or caretaker of the authorized commercial vehicle does not have a garage or fence capable of screening the vehicle from view as provided in Section 20-434 provided that the owner, user, or caretaker of the authorized commercial vehicle shall have first acquired from the City a limited term parking permit which shall be clearly affixed upon the rear window or rear panel of the authorized commercial vehicle. Following the termination of the period of the permit the comme.'cial vehicle must comply in all respects with Section 20-434 of this Ordinance or be removed from the residential zoned district. No authorized commercial vehicle as defined in Section 20-434 may be provided a limited term parking permit later than August 1, 1999. A permit may be transferred to a similar authorized commercial vehicle as defined in Section 20-434 for the duration of the special exception provided that a new permit is acquired from the City and the original permit is returned to the City. Lost limited term parldng permits must be replaced by the City and affixed upon the vehicle as provided herein before the vehicle can be parked in a residentially zoned district of the City. Limited Term parking permits may be purchased from the City for a price of $25.00. Transferred and replacement limited term parking permits may be purchased from the City for a price of $25,00. SECTION 7. The City Code of the City of Winter Springs at Chapter 20 Zoning. is amended by adding a new Section 20-437 entitled: "Exempted Vehicles", said new Section 20-437 to read as follows: Section 20-437 Exempted Vehicles Police, fire, rescue, and other governmental vehicles which serve a vital public safety, health or 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. SECTION 8. Conflicts. All Ordinances in conflict with the provisions of this Ordinance are hereby superceded and this Ordinance shall prevail. SECTION 9. 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 10. Effective Date. This Ordinance shall become effective July I, 1999. 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 11ayorPauIP.Partyka ATTEST: Andrea Lorenzo-Luaces, Acting City Clerk