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Home My WebLink About2002 06 10 Regular P Concerns with Amendment to Ordinance 2002-13 061002 Regular P Mayor Concerns with Ord 2002 13,doc COMMISSION AGENDA ITEM P Consent Informational Public Hearin2 Re2ular X June 10, 2002 Meeting Mgr~ / Dept. Authbrization 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 Winter 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. CONSIDERA TIONS: 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: 1. 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(1l)(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 oj 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. CONSIDERATIONS: 1. 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 all 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 determine the impact that Ordinance 2002-13 will have on existing dumpsters and to determine whether additional Days 2 0<1> 3 changes to Ordinance 2002-13 should be made. 7. The Commission has three alternatives: a. Adopt Ordinance 2002-13 "as is" and evaluate the impact on existing dumpsters after adoption; or b. Postpone second reading of 2002-13 to a date certain (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.2002-135-13-02,wpd TIays 3 o~ 3 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j Jun-5-02 2:15PMj Page 2/11 ORDINANCE NO. 2002-13 AN ORDINANCE OF TIlE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA 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; INCORPORATION INTO THE CODE; 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 screened from public view (Sec. 20- 473(c) and Sec. 20-489(0), Winter Springs Code); and WHERF.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 view enhances the aesthetic beauty and attractiveness of the community; 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 Commission hereby finds that requiring the screening of dumpsters is a proper exercise of the police power and has a reasonable relation to the health, welfare. and safety of the community. See Section 24,248, Mcquillin's 011 Municipal Corporations; and r~g. I of 6 JUN-05-2002 14:27 407 425 9596 94% P.02 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Jun.5-02 2:15PM; Page 3/11 WHEREAS, the City Conunission finds that dumpsters us~d by restaurants for discarding food products and other businesses that discard materials that decay, prodllce offensive odors or liquids, and/or attract infectious diseases pose a substantial health risk to the community and attract rodents, if not frequently cleaned; 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. NOW, THEREFORE, THE CITY COMMISSION OF THE CllY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. New Code Section, The City of Winter Springs Code, Chapter 20, Article IV, Required Improvements is hereby amended to add the following new Division (underlined type indicates additions and stJi"-eodt type indicates deletions): DIVISION 6. DUMPSTERS, Sec. 9-280. Definitions, As used in this Division the word "Dumpster" shall mean any container which is used for the collection and disposal of bulk trash. refuse. ve2etative waste, recyclable materials or other kinds of waste. and which may be of the open or enclosed variety. and is tyoically hoisted onto or mechanically emptied into a soecificallv equipoed truck fOf tr.msporting said waste to a designated facility. Dumpsters are typically used for multi-familv. commercial. and industrial land uses. Sec. 9-281. Minimum Screenine Requirements. All Dumpsters shall be screened on all four (4) sides from public view and situated under the following minimum screening. design. and locational requirements: City of Winter Springs Onlimmcc No, 2002-13 Pace 2 ('If I} JUN-05-2002 14:27 407 425 9596 94% P.03 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Jun-5-02 2:15PM; Page 4/11 D!) Both sides and the rear of the Dumoster shall be screened by an opaaue wall made of concrete. brick. stone. or other similar durable material. orovided the material used is compatible with the architectural design ofthe princioal structure. The wall shall be at least six (6) feet in height or the height of the Dumoster, whichever is greater. The wall shall be designed to permit adeauate and reasonable truck pick-up by the solid waste hauler. (b) The front of the Dumpster shaH be screened by an opaque gate which shall remain closed at all times. except for trash disposal and pick-up. !f) 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, @ Dumpsters shall be olaced on a concrete pad or other impervious surface deemed suitable by the City. (sl Restaurants or other commercial businesses that discard silmificant amounts of food or other materials that decay. oroduce offensive odors or liquids. and/or attract infectious diseases shall be reauired to eQuip the dumpster site with a sewer drain and water. The sewer drain and water source shall be subiect to approval by the City. These dumpster sites shall be cleaned with water and aDDropriate cleaning; oroduclS frequentlv and as often as necessary to keep the dumpster in a sanitary condition, ill Landscaoing around the Dumoster may be required if deemed necessary by the City in order to make the Dumpster compatible with the surrounding neighborhood and the site develooment City of Winter $prulgs Ordinance No, 2002-13 ra~ J of G JUN-05-2002 14:27 407 425 9596 94% P.04 Sent By: BROWN,WARD,SAlZMAN&WEISS,P.A.j 407 425 9596; Jun-5-02 2:16PM; Page 5i11 W All new Dumpsters shall comply with the minimum requirements set forth herein upon the effective date of this Division, All Dumpsters existing on the effective date of this Division shall comply with the minimum requirements set forth herein by October I, 200l ill Dumpsters located within an enclosed building are exempt from this Section. Section 2. Winter Springs Code, Sections 20-47J(c) and 20-489(c) Repealed. Sections 20-473(c) and 20-489(c) of the Winter Springs Code set forth below are hereby repealed as follows: (St. ikevut means deletion.) A. Sec. 20-473 Building and screening design guidelines. (c) DUJUP$kl;) <ll.d s;'uil<ll fav;l;l;e~ sliM I be. ~e.H,ehed VB all fuw (4t-siUes fiOlll pubhG · ;(.~. DutI. s;des and th.e . ear of Stldl fac.il;t;...~ sllml be. sCkeened b} Ill} OP~l.Ju~ vvllGr(,t~ WI1I1, or s;lbj)ar nJal..{;al. DUIUP;)t~l;) 5haH b~ placed;lI Illl cUea. that is least ~;!aJle ['vII} II fh.lbl;c l;~#-of- way:- Conforming Amendments: Subsections (d), (e), and (f) of this Section shall be restated as subsections (e), (d). and (e) respectively. R Sec. 20-489 Building and screening design guidelines. (e.) DUIII'pSl~l::1 llJld ~i'I';'(1I f4(.jfjlic.~ "I.ail be SGI~~l1ed on all fVUl (4) ;)id,& fionl pu!Jk ";,,..... Dvlh Il~de~ 41ld tft" . ea. of SUdl fllc.iI;tiC~ shcdi be SCleeu..J by ~I opaql:J~ COJI(.idc. wall, or !~milal 'nett"l ;41- DUUlp!tC.lS s},all be. placed ill au IU eA lh4t i:. lU6t vi~iblc fi 0111 a \Jublic I ighl-uf.. way:- City of Winter Springs Ordinoncc No. 2002-13 r.\:c 4 of G JUN-05-2002 14:27 407 425 95'36 94% P.05 Sent By: BAOWN,WAAD,SALZMAN&WEISS,P.A.j 407425 9596j Jun-5-02 2:16PMj Page 6/11 Conforming Amendments: Subsections (d), (e), (f), (g), (h), (i), (j), (k), (I), and (m) of this Section shall be restated as subsections (c), (d), (e), (f), (g), (h), (i), 0), (k) and (1) respectively. Section 3. Repeal of Prior Connicting Ordinances. All prior conflicting ordinances adopted by the City Commission, or parts of prior ordinances in conflict herewith, are hereby rep~aIed in their entirety. Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Winter Springs 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 COUft of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a ~eparate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Dak This Ordinance shall become effective immediately upon adoption 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 CityofWintcr !::prillgs Ordinance No, 2002-13 Page ~ of G JUN-05-2002 14:27 407 425 9596 94% P.06 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596; ATTEST: ANDREA LORENZO-LUACES City Clerk Appro\fed as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE City Attorney First Reading: Second Reading: Effective Date: JU~,1-05-2002 14: 27 City of Winler Springil Ordinance No. 2002.13 P"cc Ii of 6 4137 425 9596 Jun-5-02 2:16PM; Page 7/11 94% P.07