TO: Honorable Mayor & Members of the North Port Commission
FROM: Peter D. Lear, CPA, CGMA, City Manager
TITLE: Discussion and possible action regarding draft Ordinance No. 2017-19; Amendments to Chapter 25, Parking and Loading Regulations, Article I. General Provisions, Section 25-19, Parking and Storage of Certain Vehicles.
Recommended Action
Discuss and provide direction regarding draft Ordinance No. 2017-19; Amendments to Chapter 25, Parking and Loading Regulations, Article I. General Provisions, Section 25-19, Parking and Storage of Certain Vehicles.
Background Information
On July 12, 2016, the City Commission adopted Resolution No. 2016-R-17 and subsequent Resolution No. 2017-R-25 temporarily suspending enforcement of specified provisions of the Unified Land Development Code regulations related to the parking and storage of certain vehicles related to the parking and storage of certain vehicles as they pertain to boats on licensed trailers, automobiles, and trucks parked on driveways or side yards.
At a special meeting held on April 4, 2017, the City Commission directed staff to prepare an ordinance amending the Unified Land Development Code (ULDC) Chapter 25, Parking and Loading Regulations, Article I. General Provisions, Section 25-19, Parking and Storage of Certain Vehicles based on Commission recommended amendments.
Staff has prepared a draft ordinance based on the direction given by Commission during the April 4, 2017 meeting as specified in the minutes, and in the detailed notes provided by the Mayor while minutes were being prepared. Also, Commission directed staff to look at two specific points concerning parking and provide findings to Commission.
They are as follows:
(1) Amending Section 25-19 to allow off-street angled parking and for staff to look at the proposed amendment for compliance with other codes.
Chapter 74, Sec. 74-85. General prohibitions of the North Port Administrative Code does allow for off the roadway (on the berm or shoulder and/or swale) parallel parking only (Exhibit E). The proposed amendment to Chapter 25, Section 25-19E. of the Unified Land Development Code to include parallel and angle parking off of the roadway, on the City right-of-way is inconsistent with Chapter 74 of the North Port Administrative Code.
(2) To determine whether there are current Environmental Protection Agency (EPA) regulations regarding the painting of vehicles in residential areas.
The EPA National Emission Standards for Hazardous Air Pollutants (Subpart HHHHHH) Final Rule page 2. “Surface coating or paint stripping performed by individuals on their personal vehicles, property or possessions, either as a hobby or for maintenance of their personal vehicles, possessions, or property provided they coat no more than two vehicles per year” are exempted from the EPA regulations (Exhibit F).
In addition, staff is recommending adding the following definitions:
(1) The new proposed Section 25-19D. references both side and rear yard, but does not include a definition. Staff is recommending adding definitions for “Yard, rear” and “Yard, side”. These are the same definitions as written in Chapter 61 of the ULDC.
(2) Principal structure is referenced in Section 25-19 B. but not defined. Staff is recommending adding the definition for principal structure as written in Chapter 61 definitions.
The City Attorney reviewed and approved draft Ordinance 2017-19 as to form and correctness.
Staff received numerous correspondence from residents expressing concerns over the proposed Ordinance 2017-19, amendments to parking. This correspondence is attached as Exhibit H.
The conceptual language provided by Mayor Yates at the April 4 meeting has been included as Attachment 10.
Strategic Plan
Goals: Financially Responsible City Providing Quality Municipal Services
Policy Agenda: Land Development Code: Review
Financial Impact
Not Applicable
Procurement
Not Applicable
Attachments:
1. Ordinance No. 2017-19
2. TXT-17-086, Staff report
3. Exhibit A - Proposed draft Ordinance 2017-19, legislative strikethrough underline format
4. Exhibit B - Proposed draft Ordinance 2017-19, clean version
5. Exhibit C - Commission meeting minutes, April 4, 2017
6. Exhibit D - Meeting notes as provided by Mayor Yates
7. Exhibit E - Chapter 74-Sec 74-85 of the North Port Administrative Code
8. Exhibit F - The EPA National Emission Standards for Hazardous Air Pollutants
9. Exhibit G - Current Chapter 25, Section 25-19 of the Unified Land Development Code
10. Exhibit H - Legal advertisement notice of public hearing
11. Exhibit I - Public correspondence
12. Mayor Yates 4-4-17 Proposed Conceptual Language Rewrite ULDC 25-19
Prepared by: Sherry Willette-Grondin
Department Director: Scott Williams