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Home My WebLink About2009 07 13 Public Hearings 503 First Reading Ordinance Number 2009-07 Commercial Vehicles in Residential Zones1 ITEM 503 CONSENT INFORMATIONAL PUBLIC HEARING X REGUL Julv 13, 2009 MGR /DEPT-~ Meeting A thorization REQUEST: The City Attorney, in cooperation with Police Department, Code Enforcement Bureau, requests that the City Commission hold a 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 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 aze approximately 110 neighborhoods that have deed restrictions and of that a lazge number of them aze mandatory. Mandatory Home Associations have there own regulations and enforcement actions that aze 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 particulazly those not defined for commercial use by the Florida Department of Transportation (FDOT). The Code Enforcement Bureau over the last four yeazs 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, SW'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. RECOMMENDATION: The LPA and staff recommend that the City Commission hold a Public Hearing and approve the first reading of Ordinance No. 2009-07. ATTACHMENTS: A. Resolution 2009-15 B. Draft Ordinance Number 2009-07 C. Draft LPA Minutes March 6, 2009 COMISSION ACTION: ATTACHMENT A RESOLCTTION NO. 2Q09-15 A RESOLUTION OF 'L HE CITY CUIMIMISSION QF WINTER SPRINGS, Iy'LQRIDA, TEMPQRARILY SUSPENDING SECTION ~0-4340 AND (8) REGARDING PARKING OF CERTAIN KINDS UF' GQIMIMERCIAL VEHICLES IN RESIDENTIAL ART'sA5 PENDING A REVIEW OF THE CITY'S COMMERCIAL VEHICLE PARKING REGULA'T'IONS; PROVIDING AN EFFECTIVE DATE. VVHER~EAS, the City is granted the authority, wader 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 std to review and. update fire City's regulations pertaining tv parking commercial vehicles within residential areas; and WHEREAS, daaring the review of these regulations, the City Commission hereby (ands that it is in the best interests of the City to suspend Main, limited commercial ve~aicle parking regulations as specifically set Earth hereunder, and WHEREAS, the City Canannissaon of Winter Springs also finds that flue Resolution is in the best irnerests of the public health, safety, and welfare ofthe citizens of Winter Springs. NOW THEREFORE. THE CITY COMMISSION OF THE CITY OF VYINTER SPRIGS HEREBY RESOLVES, AS FOLL0INS: Section T. Recitals. The foregoing recitals are hereby fully incorporated hernia by this reference as legislative findings and the intent and purpose of the City Commission of the City of Winter Springs. Section 2. R of The P'alice Chief and City Attorney ate hereby instructed to review the Ciry's regulations regarding parking commercial vehicles in residential areas of the City and to provide a recommendation with respect to any necessary s~aze~rraeaats to said regulations. ectian '~ Snsncndinn Section 20-434071 aad (8L Wtater Snrin~ Coda The enforcement of Sections 2A-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. 'an 4. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission. ADOP'T'ED by the City Commission of the City of Winter Springs, Florida itt a rGgcilar n assembled on the 9'~ day Qf February 2fl09. _ . s R~» R ..s d F. BU~,11~_ynr ATTEST, . r , "~..,/ Aa ezo-Lances, City Clerk Approved as to legal form and sufficiency for The City of Winter Springs wady: Antl~on~y A. Garganese, City Attorney ATTACHMENT B ORDINANCE N0.2009- 07 A ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING CI3APTER 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 bylaw; 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 ~ 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 p~senger~ ~tel;Eisles, fi~isks, trailers, over sized vehicles, commercial) reregistered 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 maybe 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 bylaw; (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 > > o ,. ~ > > ~~, AF > ex61A9ed > ne~~-eele~: (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 maybe changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors maybe corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code maybe 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 Pusuc Il~lrarlttrres Stl1. OiRCe Of The City Aitanlley And Poii~e I~epart~nent -Cade Enforcement Blnreau Request That The PhElaning And Zoning Board Hoicl. A Public Hearing Ta Consider Ordinance Nula~ber 2009~Q7', Amending Chapter ~0 Of The City 07" Wkter Springs Cock Of Ordinances, As It Relates To Comnmercial Vehicles In R:esidentiaiiy 2Aned Area. Captain Tolleson introduced this Agenda item. Chairman Lady asked, "How is it that a Resolution can. afI'ectively negate an th~dinancc?': Captain Tolleson replied, "It did not negake it, it temporarily suspended those two {2) lines of Section ~0-4~+i. ~;7) and {8), which talks abcaut the Ding. The rest of it you may wish t+o ask the City Attorney on which tromps the other one.'" Captain Tolleson then added, "If you like, I can call Anthony {A. Garganese, City Attorney) tomorrow and get that an4i c~Ii you and Iet you knave, if you like." Ghaircnan Lacey stated, "I will ask him myself." Calatain Tolleson replied, `•O,kay " Continuing, Captain Tolleson stated, `~l"Iae passage of this Ordinance will not supersede anything within a deed r~strictexl community."' CRY ~ WINTER SPRINGS, FCAR~A AItNU"TES PLANNING ANA ZoNlNC BQ,A~pdLtAC'AL PLAC~INING AGI~NC1t REGULAR MlEETING - INAY /~,?t109 PAGE A OF $ Chairman Lacey opened the "Public Input "pcstian of this Agenda Rent. No one spoke. Chairman Lacey nosed the "Public Input "portion of this ~gertda Tt~m. "I RECOMMEND APPROVAL OF ORDINANCE 2~7 AS PRESENTED BY CAPTAIN Tt1LLESON," MOTION BY VICE CIiAIIi;MAN POE. SECONDED BY BOARD MEMBER HEATWOLE. DISCUSSION. VOTE; BOARD MEMBER I~'ARR: AYE BOARD MEMBER REVICZKY; AYE CIiAIItMAN LACEY: AYE VICE CHAIRMAN POE: AYE BOARD MEMBER HEAT~VOLEt AYE MOTION CARRIED, D