HomeMy WebLinkAbout2003 12 08 Public Hearings 402 First Reading - Ordinance 2003-40 Vinyl as Dumpster Screening Material
COMMISSION AGENDA
ITEM 402
Consent
Informational
Public Hearing X
Regular
December 8, 2003
Meeting
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Mgr./ / Dept.
Authorization
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REQUEST:
The Community Development Department- Planning Division requests that the City
Commission consider First Reading of Ordinance 2003-40 amending Section 9-281 of the
Winter Springs' Code to allow for Vinyl as an acceptable dumpster screening material for
existing businesses which need to come into compliance with Section 9-281 by March I, 2004,
and requests that the City Commission adopt standard details to be made available to these
existing businesses and that they exempt these businesses from compliance with the zoning
setback requirements generally applied to accessory buildings and structures.
PURPOSE:
The current Code indicates that dumpster enclosures must be a masonry wall constructed of
concrete, brick, or stone. Other similar material may be used if it is compatible with the
architectural design ofthe principal structure. Adoption of this ordinance would allow Vinyl as
an acceptable screening material for existing businesses which need to come into compliance
with the new code and exempts existing businesses from compliance with the zoning setback
requirements generally applied to accessory buildings and structures.
APPLICABLE LAW AND PUBLIC POLICY:
Florida Municipal Horne Rule Powers Act
City of Winter Springs' Code, Section 9-281. (a) Both sides and the rear of the Dumpster shall
be screened by an opaque wall made of concrete, brick, stone, or other similar durable material,
provided the material used is compatible with the architectural design of the principal structure.
CHRONOLOGY:
May 13, 2002- 2nd Reading/Adoption of Ordinance 2002-13 which established dumpster
screening standards
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120803 Public Hearing Agenda Item 402
Aug. 11, 2003- 2nd Reading! Adoption of Ordinance 2003-26 which amended the compliance
date for existing dumpsters
Nov. 11, 2003- 2nd Reading! Adoption of Ordinance 2003-39 which allows existing masonry
enclosures less than 6' in height to be grandfathered as long as they meet the
other Code requirements and fully screen the enclosed dumpster
Nov. 11,2003- Commission directed that an ordinance be drafted to allow vinyl as an
acceptable screening material by those existing businesses that are required to
come into compliance by March I, 2004.
CONSIDERATIONS:
· The current Code indicates that dumpster enclosures must be a masomy wall constructed
of concrete, brick, or stone. Other similar material may be used if it is compatible with
the architectural design ofthe principal structure.
· Construction of a masonry wall enclosure requires a substantial expense (both in
engineering and in construction) for small businesses that are required to become
compliant by March 1, 2003. Such costs makes it difficult for many of the existing
businesses to comply.
. Allowing vinyl as an acceptable screening material (for existing businesses) will provide
a less expensive, but effective alternative at half the cost. The use of vinyl would not be
an alternative allowed for dumpster enclosures that are part of a larger site development
project, such as new development or redevelopment where the cost would be absorbed as
part of a larger construction project.
. Standard details provided by the City to existing businesses would help to alleviate some
of the expense. Two alternatives will be available, one masomy and one vinyl.
. Vil1yl will only be allowed if constructed according to the provisions of the engineering
drawings supplied by the City. (The specifications identify the quality of material that is
to be utilized and include a sampling of vendors supplying this material.) This will
expedite the process and help ensure that the constructed product meets certain standards
of quality.
. Most of the existing businesses that are required to comply with this ordinance, do not
have flexibility in the location of their dumpster enclosure and can not comply with the 6'
rear setback requirement required in the zoning regulations for accessory buildings and
structures. Staff requests that as part ofthese considerations that the Commission exempt
existing businesses from complying with the zoning setback requirements in locating
their dumpster enclosure. (see Attachment "A" for zoning setback requirements)
. The Commission at its November 11, 2003 meeting directed the City Attorney to prepare
an Ordinance addressing the aforementioned items.
120803 Public Hearing Agenda Item 402
IMPLEMENTATION SCHEDULE:
1 sl Reading Ordinance 2003-40
Public Noticing in Orlando Sentinel for 2nd Reading! Adoption by the
Commission
Jan. 12, 2003- 2nd Reading! Adoption Ordinance 2003-40
Following adoption, letters will be sent out to the 105 affected businesses and multi-family
complexes alerting them of the new code provisions.
Dec. 8, 2003-
Dec. 11, 2003-
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a Public Hearing for First Reading of
Ordinance 2003-40, amending the Code to I) allow Vinyl as an acceptable screening material
for existing businesses which need to come into compliance with Section 9-281 by March 1,
2004, and 2) exempting existing businesses from compliance with the zoning setback
requirements generally applied to accessory buildings and structures. Additionally Staff
recommends that the City Commission adopt the Details as standard details to be made available
to existing businesses which must be brought into compliance by March 1, 2004.
ATTACHMENTS:
A- Zoning Setback Requirements
B- Ordinance 2003-40
C- Standard Details for Masonry Structure and Vinyl Structure
COMMISSION ACTION:
City of Winter Springs- Setback Requirements
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R-3 Multi-Family : Section 20-211 : 25' : 10' : 25' : 35'
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120803 Public Hearing Agenda Item 402
ATTACHMENT "B"
Ordinance 2003-40
ORDINANCE NO. 2003-40
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING CITY
CODE, SECTION 9-281, MINIMUM SCREENING
REQUIREMENTS FOR DUMPSTERS, TO PERMIT
EXISTING DUMPSTERS TO BE ENCLOSED BY VINYL
SCREENING MATERIALS APPROVED BY THE CITY; TO
GRANDFATHER EXISTING DUMPSTERS FROM THE
ZONING SETBACK REQUIREMENTS GENERALL Y
APPLIED TO ACCESSORY BUILDINGS AND
STRUCTURES; PROVIDING FOR REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS,
INCORPORATION INTO THE CODE, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, the City Commission is granted the authority, under Section 2(b), Article Vill,
of the State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, on May 13, 2002, the City Commission adopted Ordinance 2002-13,
establishing requirements for the screening of dumpsters; and
WHEREAS, on August 11,2003, the City Commission adopted Ordinance 2003-26, giving
property owners additional time to come into compliance with the dumpster screening requirements
set forth in Section 9-281 ofthe Winter Springs Code; and
WHEREAS, on November 11, 2003, the City Commission adopted Ordinance 2003-39, to
grandfather existing dumpsters enclosed by walls that do not satisfy the six - foot height requirement
set forth in Section 9-281 (1) ofthe Winter Springs Code; and
WHEREAS, as required by Section 9-281(7) of the Winter Springs Code, all new and
existing dumpsters must comply with the dumpster screening requirements; and
WHEREAS, the City Commission wishes to relax the screening material and setback
requirements for existing dumpsters in Section 9-281(1) of the Winter Springs Code under certain
conditions due to several compliance hardships on property owners that have been documented since
Ordinance 2002-13 was enacted; and
WHEREAS, the City Commission ofthe City of Winter Springs, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare ofthe citizens of Winter
Springs.
City of Winter Springs
Ordinance 2003-40
Page 1 of 3
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are fully
incorporated herein by this reference.
Section 2. Code Amendment, Chapter 9, Article IV, Division 7~ The City of Winter
Springs Code, Chapter 9, Article IV, Division 7, is hereby amended as follows (underlined type
indicates additions and stlikcont type indicates deletions, while asterisks (* * *) indicate a deletion
from the Ordinance of text existing in Chapter 9. It is intended that the text in Chapter 9 denoted
by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing
prior to adoption of this Ordinance). .
CHAPTER 9. LAND DEVELOPMENT
***
Article IV. Required Improvements
***
Division 7. Dumpsters
***
Sec. 9-281. Minimum screening requirements.
(7) All new dumpsters shall comply with the minimum requirements set forth herein upon
the effective date ofthis division. All dumpsters existing on the effective date ofthis division
shall comply with the minimum requirements set forth herein by March I, 2004, except that
any such existing dumpster shall be grandfathered from the six-foot height requirement set
forth in Section 9-281 (1) and applicable zoning setback requirements, provided the dumpster
fully complies with all other provisions ofthis Section. In addition. existing dumpsters may
be screened by an opaque vinyl screen. provided the material is deemed durable and of high
quality by the City in terms of design and in accordance with current building code standards.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
City of Winter Springs
Ordinance 2003-40
Page 2 of 3
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 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct 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
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _ day of , 2004.
ATTEST:
ANDREA LORENZO-LUACES, City Clerk
JOHN F. BUSH, Mayor
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
First Reading:
Second Reading:
Effective Date:
G:\Docs\City of Winter Springs\Ordinances\Dumpsters\Dumpster _Amend _ 2003-40. wpd
City of Winter Springs
Ordinance No. 2003-40
Page 3 of 3
120803 Public Hearing Agenda Item 402
ATTACHMENT "C"
Standard Details for Masonry Structure and for Vinyl Structure
DESIGN CRITERIA
- WIND SPEED
110 MPH, EXPOSURE B
- DESIGN COMPRESSIVE STRENGTH r'm = 1500 PSI
OF MASONRY AT 28 DAYS
- ALLOWABLE STEEL" STRESS fs = 24,000 PSI
- MAXIMUM HEIGHT * 6 FEET 4 INCHES
#4 BAR @ 48" O.C. .
AND AT CORNERS
FILLED CEllS
FINISH SHALL BE
PAINTED STUCCO
OR ARCHITECTURAL
FINISH CMU OR
BLOCK TO MATCH
BUILDING FACADE
6'
9 COURSES
PROVIDE JOINT
REINFORCEMENT @ 16" O.C.
* FOR GREATER HEIGHT ENGINEERING CALCULATIONS REQUIRED
ALL MATERIALS AND METHODS OF CONSTRUCTION SHALL BE
IN ACCORDANCE WITH DRAWINGS AND SPECIFICATIONS AND:
- THE NATIONAL CONCRETE MASONRY ASSOCIATION
"SPECIFICATIONS FOR DESIGN AND CONSTRUCTION OF
LOAD BEARING STRUCTURES."
12"
#4 BARS LONGITUDINAL (TYP)
- ACI 530 "BUILDING CODE REQUIREMENTS FOR REINFORGED
MASONRY STRUCTURES."
WALL SECTION
- ACI318 "BUILDING CODE REQUIREMENTS FOR STRUCTURAL
CONCRETE."
SCALE: N.T.S.
- MINIMUM ENCLOSURE SHALL PROVIDE 2 FOOT CLEAR ON ALL
SIDES OF THE DUMPSTER.
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MATERIALS
4.50
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3.00
- BLOCK: CONFORM TO ASTM C90 - GRADE N, TYPE II TWO-CELL,
8"x8"x16" (COMPRESSIVE STRENGTH, GROSS AREA 1000 PSI)
OR 6"x8"x16" BRICK- NORWEIGAN STRUCTURAL BRICK
lC:
- MORTAR: CONFORM TO ASTM C270, TYPE S. MINIMUM
COMPRESSIVE STRENGTH AT 28 DAYS -1800 PSI UTILIZE
TYPE II CEMENT AND TYPE S LIME. MASONRY CEMENT WILL
NOT BE CONSIDERED.
TONGUE AND
GROOVE SLAT
- GROUT: CONFORM TO C476, COURSE GROUT. MINIMUM
COMPRESSIVE STRENGTH AT 28 DAYS - 2000 PSI
tJ 11.
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VARIES
MAXIMUM DIMENS N
18'-5" .
VARIES
MAXIMUM DIMENSION
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ALUMINUM GATE
MATERIALS (ALTERNATE)
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2" X 3" POST AND
PANEL FRAME
1 1/2"X 1 l/2"X 3/16" METAL
ANGLE DIAGONAL BRACE
S"x S"x 1/4" STEEL TUBE
W/ s"x S"x 1/4" CAP PLATE
EMBEDDED 36",
- STEEL: DUR-O-WAL OR EQUAL JOINT REINFORCEMENT AT
EVERY SECOND COURSE (16" O.C.) AND FILLED CELL
REINFORCEMENT AS PER DRAWINGS (ASTM A615, GRADE 60)
- CONCRETE: MINIMUM COMPRESSIVE STRENGTH AT 28 DAYS
3000 PSI.
SCALE: N.T.S.
3"X 4"X 1/4" METAL ANGLE
FRAME 4 SIDES EA. GATE
- GATE SHALL SUPPORT A TOTAL LIVE LOAD OF 200#, (POINT
. LOAD AT THE END) PER GATE. "
PAINT (MATCH WALL COLOR)
2 PAIR McKINNEY T4B3781
HINGES EA. GATE.
OR EQUAL
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PLAN VIEW
6" THICK APPROACH SLAB
OR ASPHALT PAVEMENT
SCALE: N.T.S.
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18 GA. CLEANED, PRIMED &
PAINTED DOUBLE LEAF METAL
GATE. (BOX RIB) ALTERNATIVE IS
A WELDED ALUMINUM GATE
MADE FROM A 4 INCI;l T&G SLAT
AND 2"X3" POST AND PANEL
FRAME II
MAXIMUM 12'-0"
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DESIGN CRITERIA
- WIND SPEED 110 MPH, EXPOSURE B
- DESIGN COMPRESSIVE STRENGTH f'm = 1500 PSI
OF MASONRY AT 28 DAYS
- ALLOWABLE STEEL STRESS fs = 24,000 PSI
- MAXIMUM HEIGHT * 7 FEET
* FOR GREATER HEIGHT ENGINEERING CALCULATIONS REQUIRED
ALL MATERIALS AND METHODS OF CONSTRUCTION SHALL BE
IN ACCORDANCE WITH DRAWINGS AND SPECIFICATIONS AND:
- ACI 530 "BUILDING CODE REQUIREMENTS FOR REINFORCED
MASONRY STRUCTURES."
- ACI 318 "BUILDING CODE REQUIREMENTS FOR STRUCTURAL
CONCRETE."
- MINIMUM ENCLOSURE SHALL PROVIDE 2 FOOT CLEAR ON ALL
SIDES OF THE DUMPSTER.
MATERIALS
- GROUT: CONFORM TO C476, COURSE GROUT. MINIMUM
COMPRESSIVE STRENGTH AT 28 DAYS - 2000 PSI
- CONCRETE: MINIMUM COMPRESSIVE STRENGTH AT 28 DAYS
3000 PSI.
- GATE SHALL SUPPORT A TOTAL LIVE LOAD OF 200#
(POINT LOAD AT THE END) PER GATE.
- VINYL FENCE SLATS SHALL BE MINIMUM 1/16" WALL THICKNESS
- VINYL POSTS SHALL BE 5"x5" - 0.150 INCHES MINIMUM WALL
THICKNESS (HEAVY WALL)
- VINYL RAILS SHALL BE MINIMUM 0.125 INCHES WALL THICKNESS
- PVC SHALL COMPLY WITH ASTM D1784-14344B
- TENSILE STRENGTH 6500psi - ASTM 0638
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PAINT (MATCH WALL COLOR)
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BOLT LOCK (ONE GATE)
MAX. DIMENSION 12'
MIN. DIMENSION 8'
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HINGES EA. GATE.
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VINYL FENCE - TONGUE
AND GROOVE SOLID SPACING
VINYL FENCE POST TYP.
6' O.C. MAXIMUM SPACING
1/2" DIA. X 12" CANE
BOL TONE GATE
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