HomeMy WebLinkAbout2002 06 24 Regular C Amendments to Ordinance 2002-13 Regarding Dumpsters
..
"
.. ,
062402 Regular C Mayor Concerns with Ord 2002 13.doc
COMMISSION AGENDA
ITEM C
Consent
Informational
Public Hearing
Regular X
June 24, 2002
Meeting
Mgr. -v;
Authorization
Deot.
REQUEST: Mayor Paul P. Partyka requesting the Commission to discuss concerns he has
with amendments to Ordinance 2002-13 which was approved by the Commission on May
13, 2002 regarding dumpsters located within the City of \Vinter Springs.
PURPOSE: This agenda item is needed to discuss ,the concerns Mayor Partyka has with
amendments to Ordinance 2002-13 regarding dumpsters located within the City of Winter
Springs.
CONSIDERATIONS:
Mayor Partyka has expressed concerns with the amendments of Ordinance 2002-13 and would
like the Commission to further discuss these concerns.
FUNDING: Not applicable.
RECOMMENDATION:
It is recommended the Commission discuss any and all concerns Mayor Partyka has with
Ordinance 2002-13 regarding dumpsters located within the City and to provide staff with any
direction it deems appropriate.
ATTACHMENTS:
a) Public Hearing Agenda Item G, May 13, 2002
b) Ordinance 2002-13
COMMISSION ACTION:
COMMISSION AGENDA
ITEM G
Consent
Informational
Public Hearing X
Regular
May 13. 2002
Meeting
Mgr. /
Att, /
Dept.
REQUEST:
The City Manager and the City Attorney request that the City Commission consider second and final
reading of Ordinance No, 2002-13 requiring that all dumpsters located within the City satisfy
minimum screening and design requirements.
PURPOSE:
The purpose of this Ordinance is to establish minimum screening and design requirements for
dumpsters located within the City and to require all existing dumpsters to comply with the
requirements by October 1,2003.
APPLICABLE LAW AND PUBLIC POLICY:
I. Florida Municipal Home Rule Powers Act.
2. City of Winter Springs Code, Sections 20-473(c) and 20-489(c) currently require dumpsters
within the S. R. 434 Redevelopment and New Development Areas to screen dumpsters as
follows:
(c) Dumpsters and similar facilities shall be screened on all four (4) sides from public
view. Both sides and the rear of such facilities shall be screened by an opaque
concrete wall, or similar material. Dumpsters shall be placed in an area that is least
visible from public right-of-way.
3. Section 20-234(1 l)(d), Town Center Code, provides:
Daye 1 o~ 3
Loading docks, service areas and trash disposal facilities shall not face streets, parks, squares
or significant spaces.
4. Land development regulations adopted for aesthetic purposes is a valid exercise of the City's
police powers. (See e,g" City of Lake Wales v. Lamar Advertising Association oj Lakeland,
414 So, 2d 1030 (Fla. 1982) (Zoning solely for aesthetic purposes is not outside the scope
of the police power.)
5. Screening of dumpsters and garbage control are within the general police powers of a
municipality,
CONSIDERA TIONS:
I, The S. R. 434 regulations currently provide for the screening of dumpsters.
2. The City Commission previously asked whether or not dumpster screening requirements
currently exist in the City Code. If not, the City Commission directed that an ordinance be
prepared for the City Commission's consideration.
3. Adopting minimum screening and design standards for aU new and existing dumpsters will
establish uniformity throughout the City, not just along the S. R. 434 Corridor.
4. Applying the new minimum standards to existing dumpsters will require the City to notify
by mail all affected landowners of the new standards and may require the City to take code
enforcement action against those owners who refuse to comply with the standards by
October 1,2003.
5. At first reading the Commission added the following requirements:
a. Clarify the definition of "dumpster" by adding the work "bulk" in reference to trash,
etc.
b. Add language to ensure the solid waste hauler has adequate access to the screened
dumpster.
c. Require restaurants and other commercial businesses that discard decaying or
offensive smelling materials to have sewer drains and water at the dumpster site.
This requirement will enhance proper clean-up of the dumpster site in order to avoid
health risks.
6. On May 6, 2002, the City received a list of existing dumpsters from Florida Recycling
Services, Inc. ("FRS"). The list reveals that 209 dumpsters are currently located within the
City. At the time of writing this agenda item, staff has not had sufficient time to evaluate
the list provided by FRS. Staff believes further analysis is required to detemline the impact
that Ordinance 2002-13 will have on existing dumpsters and to detemline whether additional
nayc 2 o~ 3
changes to Ordinance 2002-13 should be made.
7. The Commission has thrce alternativcs:
a. Adopt Ordinance 2002-13 "as is" and cvaluate the impact on existing dumpsters after
adoption; or
b. Postpone second reading of 2002-13 to a date ccrtain (to preserve advertising) in
order to give staff more time to evaluate the potential impact on existing dumpsters,
including possible site visits to the existing dumpsters.
c. Adopt Ordinance 2002-13 without requiring existing dumpsters to comply with the
new dumpster requirements. In other words, the ordinance will only apply
prospectively.
STAFF RECOMMENDATION:
The City Manager and City Attorney request that the City Commission consider the three
alternatives presented in this Agenda Item and take action as the City Commission deems necessary.
ATTACHMENT:
)
Ordinance No. 2002-13.
List of existing dumpsters within the City.
COMMISSION ACTION:
First reading was held on April 22, 2002.
F:\DOCS\City of Winter Springs\Agenda\Agenda.G.Dumpster.2002-13.5,13-02. wpd
)
Days 3 o~ 3
Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596;
Jun,5,02 2:15PM;
Page 2/11
ORDINANCE NO. 1002-13
AN ORDlNANCE OF TilE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FL01UDA ESTABLISHING
MINIMUM STANDARDS FOR SCREENING FROM PUBLIC
VIEW NEW AND EXISTING DUMPSTERS; REPEALING
WINTER SPRINGS CODE SECTIONS 20-4 73( c) AND 20-489( c)
GENERALLY RELATiNG TO DUMPSTERS ALONG S. R
434; PROVIDING AN IMPLEMENT A nON SCHEDULE FOR
EXISTING DUMPSTERS; PROVIDING FOR
SEVERABILITY; TNCORPORA TION INTO THE conE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the General Design Standards for the State Road 434 Redevelopment and New
Development Areas currently provide that dumpsters shall be ~creened from public view (Sec. 20-
473(c) and Sec. 20-489(c), Winter Springs Code); and
WlJli:RF.AS, the City Commission desires to supplement the State Road 434 Development
Standards and also adopt City-wide minimum guidelines forthe screening of dumpsters located within
the City of Winter Springs; and
WHEREAS, the City Commission finds that the screening uf dumpsters from public vlew
, enhances the aesthetic beauty and attractiveness of the cQmmunity; and
WHEREAS, the City Commission also finds that screening dumpsters will assist in
controlling litter and wind-blown debris which are generated by overflowing dumpsters; and
WHEREAS, the City Conunission hereby finds that requiring the screening of dumpsters is
a proper exercise of the police power and has a reawnable relation to the health, welfare, and safety
of the community. See Section 24,248, Mcquillin's 0/1 Municipal Corporations; and
r"~r I of (,
Se~t By: BROWN,WARD,SALZMAN&WEISS,P,A.;
407 425 9596;
Jur-5-02 2:15PM;
Page 3/11
WHEREAS, the City Commission finds that dumpsters USl:rJ by restaurants for discarding
food products and other businesses that discard materials that decay, produce offensive odors or
liquids, and/or attract infectious diseases pose a substantial health risk to the community and attract
rodents, jf not frequently cleaned; and
WHEREAS, the City Commission finds that this ordinance is in the best interests of (he
public health, safety and welfare of the citizens of Winter Springs.
NOW, THEREFORE, TJfE CITY COMMISSION OF TH~ CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section L
New Code Section. The City of Wimer Springs Code, Chapter 20, Article
IV, Required Improvements is hereby amended to add the following new Division (underlined type
indicates additions and stJ ihoof type indicates deletions):
)
DIVISION 6. DUMPSTERS.
Sec. 9-280. Definitions, As used in-this' Division the word "Dumps/er" shall mean
any container which is used for rhe collection and disposal of bulk trash, refuse, ve~etative
waste, recyclable materials or other kinds of waste. and which mav be of the open or enclosed
variety. and is typically hoisted onto or mechanically emPtied into a specifically equipoed
truck for transporting said waste [0 a designated facility Dumpsters are typically used for
multi-family, commercial. and industrial land uses.
Sec. 9-281. Minimum Screenine Requirements. All Dumpsters shaJl be screened
on all four (4) sides from public view and situated under the following minimum screening,
design. and loc31ional requirements:
City ofWintcr Spring:.
Onll1U1l\cc No, 2002,13
)
YIlC' 2 <'If t~
TI''''I_nC:_"""'lnn''"'l ...,. """"
,~~~ .,.......c Qea:.:
0.-1....
p c:n
Se~t By: BROWN,WARD,SALZMAN&WEISS,P.A.;
407 425 9596;
Jun-5,02 2:15PM;
Page 4:11
W Both sides and the r~r of the Dumpster shall be screened by an opaque wall
made of concrete, brick, stone, or other ~imilar d\lrable material, provided the material llsed
is compatible with the architectural design ofthe principal structure, The wall shall be at least
six (6) feet in hei~ht or the hei~ht of the Dumpster, whichever is greater. The wall shall be
designed to permit adeauate and reasonable truck nick-up by the solid waste hauler.
(b) The from of the Dumpster shaJl be screened bv an opaque ~ate which shall
remain closed at all times. except for trash disposal and pick-up.
W Dumpsters shall be placed in an area that is least visible from the public right-
of-way and shall be situated so as to provide for adequate and reasonable truck pick-up by
the solid waste hauler.
(Q1 Dumpsters shall be placed on a concrete pad or other impervious surface
deemed suitable by the City. '
UD. Restaurants or oth(;:r commercial businesses that discard significant amounts
of food or other materials that decay, produce offensive odors or liquids. and/or attract
infectious diseases shall be required to equip the dumpster site with a sewer drain and water.
The sewer drain and water source shall be subiect to aoproval by the City. These dumpster
sites shall be cleaned with water and aooropriate cleaning products frequently and as often
as necessary to keep the dumoster in a sanitary condition.
ill Landscaping around the Dumpster may be required if deemed necessary bv the
City in order to make the Dumpster compatible with the surrounding neighborhood and the
site development.
City of Winter Springs
Ordinance No. 2002-13
r'IlC) of G
T. ,.. ""'r:- -'__"""
A........., ........c r:'Ir:"0C
/:;)..1'"
D (;\,.1
Sent By: BRO\',/N,WARD,SALZMAN3WEISS,P.A.;
407 425 9596;
Jun.5-02 2:16PM;
Page 5/11
(g} AJJ new Dumpsters shall comply with the minimum requirements set forth
herein upon the effective date of this Division, All Dumpsters existin~ on the effective date
of this Division shall comply with the minimum requirements set forth herein by October I,
2003.
ill
Dumpsters located within an enclosed building are exempt from this Section.
Section 2,
Winter Springs Code, Sections 20-47J(c) and 20-489(c) Rere~led.
Sections 20-4 73( c) and 20-489( c) of the Winter Springs Cude set fonh below are hereby repealed
as follows: (St. a..,cuut means deletion)
A. Sec. 20-473 Building and screening design guidelines.
(c) DUJnpskl~ a,.ud ~illlildl fa(,iI;t;lJ~ :.Ilall be ~c.Jcel,ed 011 all foUl (4t-mic:. hom
puJ..,lie vi,,~, DutlJ ~iGes alld tlJe Je.ll of such facilities .sIIMI b(, s(,Jcclled by IlJ) op~lju" 'ouelch; wall.
01 ;l;1I1ilal IIJdtC.1 ia!. DUlllp:lkl ~ shaH l:,.; plJc~d ;11 all .ll ea tlJ<1t i.5 Ica~t v;;);I,le f, Olllll pubJ;c I ;8IJt-of=
~
Conforming Amendments:
Subsections (d), (e), and (f) of this Section shall be restated as subsections (c), (d), and (e)
respecti vel y,
B, Sec. 20-489 Building and screening design guidelines.
(c) DUllljJ5ll,;l.:i .'llld ~i'l,;ld' facilitic.s ;)1,,1,11 be SCn;{.:lled 0.1 all fVUl (4) ~;J...~ fion,
IJublic v ;Cw, Dutll :.;Jes "-lid the [<AI of 5udl fl1cilitic.s :.haH be SCl celled by M opaque, concrete. w-a-H:-
01 S;lll;lal l!latel ;.li, DUlllfJ~tC.1 g s},clll be placed ill eIll aI eA t1ldt i::> bd vi~iJ..,l(. fi Olll a public I ;ght-of-
w<'fT
Cit)' uJ'WlOler Springs
OrdinOIlCC No, 2002-13
r'~e4uf G
TI I".I-~C:::;;_ -'.,,;\i'A" 1 ,1 : :>"7
,.,~" ..1"~ ac::::.~c
1:')..,.,'
P r:l"
Sen: By: BAOWN,WAAD,SALZMAN&WEISS,P.A,; 407 425 9596;
Jun.5-02 2:16PM;
Page Sill
Conforming Amendments:
Subsections (d), (e), (f), (g), (h), (i), (j), (k), (I). nnd (m) of this Section shall be resrated as
subsections (c), (d), (e), (f), (g), (h), (i), (j), (k) and (I) respectively.
Section 3.
Repeal of Prior Conflicting Ordinances. All prior conflicting ordinances
adopted by the City Commission, or parts of prior ordinances in conflict herewith, are hereby fep~aled
in theif enlirety,
Section 4.
Incorporation Into Code. This ordinance shall be incorporated into the
Winter Spr~gs City Code and any section or paragraph number or letter and any heading may be
changed or modified as necessary to effectuate the foregoing
Section S.
Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Qrdinance is for any reason held invalid or unconstitutional by any coun of
) competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distincr and independent provision, and such holding shall not affect the validity
of the remaining portions of this ordinance.
Section 6.
Effective Date. This Ordinance shall become effective immediately upon
adoptiun by the City Commission of the City of Winter Springs. Florida,
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _ day of
,2002.
PAUL P. PARTYKA
Mayor
City of Winter Spri[l8~
Ordinance No, 2oo2,\]
P'e~ ~ of G
]Ur.I-05-200.? 14: 27
407 425 g596
94%
P.06
Sent 8y: 8ROI'JN,WARD,SALZMAN&WEISS,P.A.;
ATTEST:
407 425 9596;
ANDREA LORENZO-LUACES
City Clerk
(
Approved as to legal form aod sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE
City Attorney
First Reading:
Second Reading:
ElTective Date:
Jljt.I-05- 2002 1.:1 : 27
City of Winter Sprulg~
Ordin.tllCC No, 1002- J 3
r,C'C r. ...f' (,
.:107 <.12'5 '3596
Jun,5,02 2:16PM;
Page 7/11
94;,
P.07