- April 17, 2024
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Palm Coast's prohibition on commercial vehicles parking in residential areas will remain: The City Council voted 3-2 on Sept. 21 to keep the city's regulations as they are, despite two councilmen's arguments that the rule isn't business-friendly.
The council left open the possibility of putting the issue on the ballot in the future.
The current rule bars not only large commercial vehicles like box trucks or semi-trailers, but also regular passenger vehicles with commercial signage larger than 3 square feet per side, from parking residential areas in residential areas unless they're on a service call or are parked during lunch hours, defined as 11:30 a.m. to 2:30 p.m.
"The parking code has served the city well during the past 20 years, reinforcing the curb appeal of our neighborhoods and contributing to the value of our homes."
— DAVID ALFIN, mayor
As it pertains to the smaller, passenger-type vehicles, the rule is entirely about appearance: Those vehicles may be parked in residential areas, but only if they're in a garage or if the signage is covered.
Councilman Victor Barbosa had opposed the rule since his election, arguing that regular-size passenger vehicles with commercial signage should be allowed in driveways.
Barbosa, who owns a pickup truck with an advertising wrap for his barbershop, had once himself received a violation notice from the city's Code Enforcement staff after leaving the truck uncovered in his driveway. He moved the truck to his garage and wasn't cited. But he heard from the small business owners and tradespeople that the rule created a hardship, he said.
He noted that he was the only small business owner on the council.
"I have people that follow me to the barbershop because they see the wrap," he said at the Sept. 21 meeting. At red lights and stop lights, he said, "they roll down their windows and say, 'Man, that looks great.'"
"This is what makes America us, this is what's being attacked — the middle class — right now," he said.
Councilman Ed Danko said that a lot of the people who'd stand to benefit most from the potential rule change couldn't be at the meeting to share their thoughts.
"A lot of folks who would like to speak in favor of this aren’t here today because they’re out working — they’re out fixing your AC, they're out fixing your plumbing, they're out doing whatever else needs to be done," Danko said.
He added, "We’re no longer just a retirement community. ... We do have growing families, and people need to work. There is simply nothing wrong with working. It is part of the American dream, for God’s sake. We're not an HOA. If you don't want to see a work vehicle, move into an HOA."
After several real estate agents spoke during the meeting's public comment period saying they opposed the proposed rollback of the regulation because allowing work vehicles could reduce curb appeal, Danko noted that real estate agents have also pushed the city to allow yard signs for open houses.
He didn't oppose the idea, he said.
"We do have growing families, and people need to work. There is simply nothing wrong with working. It is part of the American dream, for God’s sake."
— ED DANKO, city councilman
"But you can't have it both ways," he said. "If you want your signs in front of a house, and on the street corner pointing traffic in, directing traffic, well then what's wrong with an AC truck or a plumber's truck with some signage?"
As to the idea of placing the proposed change on the ballot for referendum, he said, business owners are a minority in Palm Coast, and a minority's rights shouldn't be subject to a vote.
“What other rights will we then use a majority vote to suppress? That’s not America," he said.
Most of the residents who spoke about the driveway parking issue during the meeting's public comment periods wanted the rule to remain as it was.
One resident, Edith Campins, said she'd lived in another community when it did away with a similar rule.
"The results were not pretty," she said. "... No matter how carefully you try to structure the rule, there will be people who will try to push the envelope."
She suggested that the council leave the matter to the ballot box.
Resident Garrett Decker identified himself as both a real estate agent and a former deputy sheriff who'd parked his patrol car at home when he was a law enforcement officer. He supported changing the rule, saying that people notice the signage on vehicles, and it's effective advertising.
"There are a number of ... home-based businesses that want to move here, but they can't because they can't advertise," he said.
Dorothy Sperber, executive officer of the Flagler County Association of Realtors, said that FCAR recommended that the city keep the existing rule because it helps maintain curb appeal.
"Homes in neighborhoods with high curb appeal demand higher prices and take less time to sell," Sperber said. "... Code restrictions have been proven to help with maintaining and ensuring a home's value."
Three council members preferred to keep the existing rule — or, at least, weren't willing to change it in the absence of evidence that a majority of residents would support the change.
Councilman Nick Klufas favored checking to see how much it might cost to put the issue on the ballot. Councilman Eddie Branquinho had also spoken in favor of a referendum approach during previous meetings.
When Mayor David Alfin made a motion to keep the rule as-is, noting that the city could still put the issue on the ballot later, Klufas and Branquinho voted in favor.
"The parking code has served the city well during the past 20 years, reinforcing the curb appeal of our neighborhoods and contributing to the value of our homes," Alfin said. "We are projecting new growth again as we look forward and we should manage it smartly. So I am in favor of maintaining the code as currently enforced — and also will favor a ballot vote on the item at the next opportunity, provided it's economically feasible."
Alfin's motion passed 3-2, with Danko and Barbosa dissenting.
