10/17/1995 - Laserfiche WebLink

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ANALYSIS County restrictions on commercial vehicle parking in residential areas have remained unchanged since at least 1985. The County Code definition of commercial vehicle is "any motor vehicle which: (1) is designed or used principally for business, governmental, or non-profit organizational purposes or for carrying passengers for hire; and (2) has a platform, cabinet, box, rack, compartment, or other facility for transportation of materials, equipment, and items other than the personal effects of private passengers." The County's definition of commercial vehicle is generally consistent with the State's definition of "truck", but the State differentiates between "truck" and "heavy truck" by means of a 5,000 pound net vehicle weight threshold (Florida Statutes Sec. 320.01, attached). The County's ton -rated capacity threshold is a similar but different measure of vehicle size. The intent of the County's commercial vehicle regulations is to promote aesthetics and public safety, by limiting a use not customarily associated with a residence or residential neighborhoods. The Code presently strikes a balance to allow certain trucks, such as vans and pick-up trucks, that are commonly used for personal, not commercial, transportation. This past fiscal year, code enforcement staff issued 45 notices county -wide to respondents violating commercial vehicle_ parking restrictions in residential areas. The types of vehicles cited range from semi-tractor/trailers to box vans, such as that belonging to Mr. Silva. Changing the commercial vehicle parking allowance from 3/4 ton to one -ton rated capacity will still effectively prohibit large trucks such as semi -tractors, but conversely, may "open the door" to allow a number of types of vehicles found objectionable by residents in many neighborhoods. Therefore, any proposed change in the code requirement needs to be closing scrutinized. Changes to land development regulations (LDRs) must go through an established LDR amendment process, including public hearings.. Also, the County's Professional 'Services Advisory Committee (PSAC), consisting of individuals representing various professions and perspectives, is charged with reviewing proposed changes to LDRs for recommendations to the Board. Staff's position is that the current commercial vehicle regulations are sufficient. However, if a revision is to be considered, the proposed commercial vehicle LDR change warrants further research and PSAC review. RECOMMENDATION Staff recommends that the Board of County Commissioners find that the current commercial vehicle regulations are sufficient and do not warrant an LDR amendment. If the Board finds that an amendment is warranted, staff recommends that the Board direct this matter to the Professional Services Advisory Committee for review and subsequent recommendations to the Board. 32 BOOK' 96 mu -347 17, 1995