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Home My WebLink About2003 06 23 Public Hearings H Second Reading - Ordinance 2003-24 Amending Winter Springs Code Section 20-434 COMMISSION AGENDA ITEM H Consent Information Public Hearine: X Ree:ular June 23. 2003 Meeting MGR. (V-1Dept. //7 REQUEST: The Community Development Department - Planning Division in combination with the Police Department and Office of the City Attorney request the City Commission hold a Public Hearing for Second Reading/Adoption of Ordinance 2003- 24, amending Winter Springs Code Section 20-434, relating to commercial vehicles in residential areas as directed by the City Commission. PURPOSE: The purpose of this Agenda Item is to request the Commission hold a Public Hearing for 2nd Reading/ Adoption of Ordinance 2003- 24, amending Winter Springs Code Section 20-434. APPLICABLE LAW AND PUBLIC POLICY Florida Statute 166.041: (procedures for adoption of ordinances and resolutions.) Winter Springs Charter Section 4.15 Ordinances in General. (procedures for adoption of ordinances) Winter Springs Code. Section 20-434. Authorized commercial vehicles in residential areas. CHRONOLOGY: February 24, 2003- Ms. Lurene Lyzen, Chairperson for the City of Winter Springs Code Enforcement Board asked for direction from the City Commission on allowable exemptions for commercial vehicles. April 28, 2003- The Police Department requested consideration by the Commission to re- evaluate the commercial vehicle issues brought to the Commission's attention on February 24, 2003. The City Commission directed the City Attorney to amend the Code relating to commercial vehicles in residential areas, based on the Police Department's request and recommendations. June 9, 2003- 1st Reading of Ordinance 2003- 24 O?:\ @ June 23, 2003 Public Hearing Item H CONSIDERATIONS: The City Commercial Vehicle Ordinance Sec 20-431(1) (a) & (b) currendy does not have any exemptions or guidelines for residents who are making good faith efforts to comply with the ordinance. Some residents are covering commercial lettering or removing equipment from their vehicles. Parking, storage, or maintenance of commercial vehicles is prohibited in residentially zoned districts. Currendy the City has defined a residentially zoned district to include but not limited to R-U, R-1AAA, R-C1, R-1AA, R1-A, R-1, and R-3. Multi-family dwellings including apartments, townhouses, and patio homes are included under the R-3 classification. Presendy, there is some confusion related to parking of commercial vehicles in apartment complexes. FINDINGS: The Commission has stated that magnetic material can be placed over lettering on commercial vehicles. They have also stated that equipment and ladders can be removed from storage racks to come into compliance with the current ordinance. These exceptions are not addressed in the current ordinance. Multi housing complexes such as apartments are listed in the City Code of Ordinances governing Commercial Vehicles. Commercial Vehicles are prohibited from parking in these areas. The only exception for commercial vehicles is fenced areas that are provided by Home Owners Associations or Mobile Home Parks. The Code Enforcement Board and Code Enforcement Division asked the City Commission to modify the ordinance pertaining to these issues. First to allow for the covering of letters and removal of equipment from vehicles, and secondly to allow for parking in apartment complex's similar to Home Owners Associations and Mobile Home Parks. This matter was presented to the Commission on April 28, 2003 for review, at that meeting, the City Commission directed the City Attorney to amend the Code relating to commercial vehicles in residential areas, based on the Police Department's request and recommendations. IMPLEMENTATION SCHEDULE: June 12,2003- Public N~ticing in Orlando Sentinel for 2nd Reading and Adoption June 23, 2003- 2nd Reading and Adoption of Ordinance 2003- 24 STAFF RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing for 2nd Reading/Adoption of Ordinance 2003- 24, amending Section 20- 434 of the Winter Springs' Code, relating to commercial vehicles in residential areas. ATTACHMENT: A- Ordinance 2003- 24 COMMISSION ACTION: '. . - I - - - - - ~ - . . .... J . ...~'W' '-11_ mU.n !\.%9~j ORDINANCE NO. 2003-24 AN ORDINANCE OF THE CI1Y COMMISSION OF THE CJTY OF WINTER SPRINGS, FLORIDA, AMENDING SECfION 20- 434(b) TO INCLUDE APARTMENT COMPLEXES; AMENDING SECfrON 20-434(a) TO PERMIT OPA.QUE MAGNETIC COVERS TO JUDE COMMERCIAL LETTERING AND SJGNAGE ON VEHICLES AND TO CORRECf A SCRIVENER'S ERROR; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABlUTY; AND PROVIDING FOR AN EF}~ECTIVE DA TE. WHEREAS, Section 20-434 of the City Code of the City of Winter Springs, Florida, currently regulates commercial vehicle storage on residential property for purposes of preserving the residential character and aesUletiC$ of residential neighborhoods; and. WHEREAS, the City Commission desires to aIIow apartment complexes located within the City of Wint~ Springs to provide areas for storage of conunerciaJ vehicles in the same manner as homeowner's associations and mobile home parks; and WHEREAS, the City Commission also desires to allow the covering of conunerciallettering and signage with opaque magnetic covers as provided herein; and WHEREAS, the City Conunission finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of WinlerSprings and will be in keeping with the City Commission's desire to preserve the character and aesthetics ofresideritial ncighborhoods. NOW, mEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: SectiOd I. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Sedion 2. Code Amendment, Chapter 20, Article VI, Division 2. The City of Winter SJ'lrings Code, Chapter 20, Article V, Division 2,.is hereby amended as follows (underlined type indicatcs additions and !tJik~out type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance oftext existing in Chapter 20. It is intended that the text in Chapter 20 denoted by the asterisks and set forth in this Ordinante shall remain unchanged from the language existing prior to adoption of this Ordinance). ARTICLE V. SUPPLEMENTAL DISTIUcr REGULATIONS City of Winter Springs Ofdinance No. 2003.24 Page 1 or J . sent ~y: 8ROWN,WARD,SALZMAN&WEISS,P.A. j 407 425 9596j May-30-03 9:08AMj Page 4/5 DRAYI' 5-2'.0) . . . '" DIVISION 2. MOTOR VEmCLES ... ... See. 20-434. Authorized tommercbl vehicle! in residential areas. . '" .. (a) One (1) commercial vehicle per dwelling lInit may be parked in residentially zoned districts of the city provided: . . + (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 all an enclosed garage or behind not less than a six (6) foot high tence in such manner that the vehicle is not visible from surrounding dwellings or the public right-or-way. For purposes of this Subsection (at commercial lettering or signage shall not be considered visible if said lettering or signage is completely hidden by a thin opaque magnetic cover. Said cover shall be installed on the vehicle and shall consist o( one solid neutral color. (b) A homeowners association a~ defined in the Florida Statutes. apartment complex. or mobile home park may set aside common property, owned by the association, comole'b or park, as an area set aside for the storage or parking of commercial and/or recreational vehicles, providw 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 Ordinanct$ 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. City of Winter Springs Ordinance No. 2003-24 Page 2 of 3 sent By: BHOWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j , r May:30-03 9:08AMj Page 5/5 ORhFT 5-U-OJ Settion f. . fncorporation Into Code. This Ordinance shall be incorporated into the Wlllter Springs City .Code and any set-tion or paragraph number or letter and any heading may be changed Or modified as necessary to effectuate the foregoing. Section 5. . Severability. Irany section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for .any reason held invalid or unconstitutional by any coun of competent jurisdicti()n, whether for substantive, procedural, or any other rea.c;on, such portion shall be deemed a separate, distinct ~d independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordin~e shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Chart~T. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _. day of . 2003. A TrEST: JOHN F. BUSH, Mayor . ANDREA LORENZo-LUACES, City Clerk Approved as to legal fonn and suffitiency for tbe City ofWintet Springs only: ANTHONY A. GARGANESE. City Attorney First Readjn~; Second Reading: Effective Date: F:'Q:og\(.ity ofWinIrz ~~_'4)ITmati>lvcbicJawpd City of Winter Springs Ordinance No. 2003.24 Page 3 of 3