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Home My WebLink About2003 06 09 Public Hearings K First Reading - Ordinance 2003-24 Amending Winter Springs City Code Section 20-434 COMMISSION AGENDA ITEM K Consent Information Public Hearin X Re ular June 9. 2003 Meeting MGR.dW'A-- /Dept.! it' 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 First Reading 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 1 st Reading 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 Public Hearing Item K CONSIDERATIONS: The City Commercial Vehicle Ordinance Sec 20-431(1) (a) & (b) currently 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. Currently 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. Presently, 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 9, 2003- 1 st Reading of Ordinance 2003- 24 June 12,2003- Public Noticing 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 first reading of Ordinance 2003- 24, amending Section 20- 434 of the Winter Springs' Code, relating to commercial vehicles in residential areas. ATTACHMENT: A- Regular Agenda Item "D", April 28, 2003 B- Ordinance 2003- 24 COMMISSION ACTION: June 9, 2003 Public Hearing Item K ATTACHMENT "A" Regular Agenda Item "D", April 28, 2003 COMMISSION AGENDA ITEM D CONSENT INFORMATIONAL PUBLIC HEARING REGULAR X April 28. 2003 Meeting MGR IDEPT Authorization REQUEST: Police Department requesting consideration by the Commission to re- evaluate the Commercial Vehicle issues brought to their attention on February 24,2003. PURPOSE: During the February 24, 2003 City Commission Meeting, Ms. Lurene Lyzen, Chairperson for the City of Winter Springs Code Enforcement Board had asked for direction from the City Commission on allowable exemptions for commercial vehicles. CONSIDERATIONS: The City Commercial Vehicle Ordinance Sec 20-431(1) (a) & (b) currently 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. Currently the City has defined a residentially zoned district to include but not limited to R-U, R-1AAA, R-Cl, R-1AA, RI-A, R-l, and R-3. Multi-family dwellings including apartments, townhouses, and patio homes are included under the R-3 classification. Presently, there is some confusion related to parking of commercial vehicles in apartment complexes. ISSUE ANALYSIS: 1. 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. 2. Multi housing complexes such as apartments are listed in the City Code of u 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 are asking 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. FUNDING: None required. RECOMMENDATION: The City Commission is asked to take the necessary actions to modify the commercial vehicle ordinance to address issues 1 and 2. . IMPLEMENTATION SCHEDULE: Immediately upon approval by Commission. ATTACHMENTS: Commercial Vehicle Ordinance 20-431, 20-432, and 20-434. COMMISSION ACTION: June 9, 2003 Public Hearing Item K ATTACHMENT "B" Ordinance 2003- 24 ~ent ~y: ~HUWN,WAHU,~ALLMAN&Wtl~~,~.A.i 4Uf 42~ Y~YOj May-3u-u3 9:07AMj Page 3/5 " DRAn !\,19-O3 ORDINANCE NO. 2003-24 AN ORDINANCE OF THE CIlY COMMISSION OF THE CiTY OF WINTER SPRINGS, FLORIDA, AMENDING SECTION 20- 434(b) TO INCLUDE APARTMENT COMPLEXES; AMENDING SECTION 20-434(a) TO PERMIT OPAQUE MAGNETIC COVERS TO lIIDE COMMERCIAL LETTERING AND SJGNAGE ON VERICL};S AND TO CORRECT A SCRlVENERtS ERROR; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTJONS; PROVIDING FOR INCORPORA nON INTO THE CODE; PROVIDING FOR SEVERABlUTI'j AND PROVIDING FOR AN EFFECTIVE 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 aestlletiC$ of r~identiaJ neighborhoods; and WHEREAS, the City Comrmssion desires to allow apartment complexes located within the City of Wint~r Springs to provide areas for storage of commercial vehicles in the same manner as homeowner's associations and mobile home parks; and WHEREASt the City ColIllllission 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 Winter Springs and will be in keeping with the City Commission's desire to preserve the character and aesthetics ofresidenLial neighborhoods. NOW, mEREFORE, THE CITY COMMISSION OF THE CJTY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS; Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Sed ion 2. Code Amendment, Cbapter 20, Article VI, Division 2. The City of Winter Springs Code, Chapter 20, Article V, Division 2, is hereby amended as follows (underlined type indicates additions and !btk~O'trt 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). ARTICLE V. SUPPLEMENTAL DISTRIC7 REGULATIONS City of Winter Springs Ordinance No. 2003-24 Page I of ] Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; May-30-03 9:08AM; Page 4/5 ORAl'''' 5.1'.03 . . . DIVISION 2. MOTOR VEmCLES '" '" * Sec. 20-434. Authorized (ommerci:ll vehicle! in raidendal areas. '" '" * (a) One (1) commercial vehicle per dwelling unit 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 1lll em enclosed garage or behind not less than a six (6) foot high ttmce in such manner that the vehicle is not visible from surrounding dwellings or the public right-of-way. For pUlJ'oses of this Subsection (at commercial lettering or signage shall not be considered visible if saisJ letterin8 or signage is completelv hidden by a thin opaque magnetic cover. Said cover shaJJ be installed on the vehicle and shall consist of one solid neutral color. (b) A homeowners associalion as defined in the Florida Statutes, apartment complex.. or mobile home park may set aside common property, owned by the association, comolex. 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 Ordinan<<$ and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts ofptior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. City of Winter Springs Qrdinnnce No. 2003-24 Page 2 of 3 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j r May-30-03 9:08AMj Page 5/5 UMFT 5-19-0J Section ~. . Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any ljection or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Severability - 'fany section, subsection, sentence, clause, phrase. word or provision of this Ordinance is for any reason held invalid or unconstitutional by any coUrt of competent jurisdictipn, whether for substantive. procedural, or any other reac;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. EtTective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City ofWintcr Springs. Florida, and pursuant to City Chart~r. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of . 2003. ATTEST: JOHN F. BUSH, Mayor ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and suflitiency for the City of Winter Springs only: ANTHONY A. GARGANESE. City Attorney First Reading: Second Reading: Effective Date: F:\l)l.,,~'.<.'~yofWi:llcr ~Odi_\l~~Vchicla,W]ld City of Winter Springs Ordinance No. 2003.24 Page 3 of 3