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Home My WebLink About2003 10 27 Public Hearings 402 First Reading - Ordinance 2003-39 Screening of Dumpsters COMMISSION AGENDA ITEM 402 Consent Informational Public Hearin2 X Regular October 27,2003 Meeting Mgr.(L. / Authorization Dept. //Jr REQUEST: The Community Development Departrnent- Planning Division requests that the City Commission consider First Reading of Ordinance 2003-39 amending Section 9-281 of the Winter Springs' Code related to the screening of dumpsters. PURPOSE: The current Code indicates that the dumpster enclosure must be a minimum of six (6) feet in height. Within the City, particularly within the Highland community, there are numerous enclosures that meet the code in every other respect including effectively screening the dumpster. However, these are smaller dumpsters and the wall does not meet the six (6) foot height requirement. APPLICABLE LAW AND PUBLIC POLICY: Florida Municipal Home 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 compat.ible with the architectural design of the principal structure. The wall shall be at least six (6) feet in height or the height of the Dumpster, whichever is greater. ... CHRONOLOGY: May 13, 2002- 2nd Reading/Adoption of Ordinance 2002-13 which established dumpster screening standards Aug. 11,2003- 2nd Reading/Adoption of Ordinance 2003-26 which amended the compliance date for existing dumpsters Oct. 13, 2003- After being duly advised by City staff, Commission directed that existing dumpster enclosures that fully meet code except for the 6' minimum height requirement be grandfathered, as long as the dumpster is fully screened by the enclosure. ~ \t:!) 102703 Public Hearing Agenda Item 402 CONSIDERATIONS: . Existing dumpster enclosures with walls less than si.x (6) feet are effectively screening smaller dumpsters within the City. (See Attachment A) . The Code indicates that all enclosures must be a minimum of six (6) feet tall. . The Commission at its October 13, 2003 meeting directed the City Attorney to prepare an Ordinance allowing the grand fathering of existing dumpster enclosures that meet the intent of the Code and the other screening criteria but which are not six feet tall. STAFF RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing for First Reading of Ordinance 2003-39, amending the Code to allow existing masonry enclosures less than 6' in height to be grand fathered as long as they meet the other Code requirements and fully screen the enclosed dumpster. IMPLEMENTATION SCHEDULE: Oct. 27, 2003- 151 Reading of Ordinance 2003-39 Oct. 30, 2003- Public Noticing in Orlando Sentinel for 2nd Reading/Adoption by the Commission Nov. 10,2003- 2nd Reading/Adoption of Ordinance 2003-39 ATTACHMENTS: A- Photos of Example Dumpster Enclosures less than six (6) foot in height B- Ordinance 2003-39 COMMISSION ACTION: 102703 Public Hearing Agenda Item 402 ATTACHMENT "A" Photos of Example Dumpster Enclosures less than six (6) foot in height ~- (.-'" 102703 Public Hearing Agenda Item 402 ATTACHMENT "B" Ordinance 2003-39 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINT~R SPRINGS, FLORIDA, AMENDING CITY CODE, SECTION' 9~281, MINIMUM SCREENING REQUIREMENTS FOR DUMPSTERS, TO GRANDFA TREK EXISTING DUMPSTERS ENCLOSED BY WALLS THAT DO NOT SATISFY THE S.IX-FOOT HEIGHT REQUIREMENT SET FORTH IN SECTION 9-281(1); 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 req uiremcnts set forth in Section 9-281 of the 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 grandfather existing dumpsters enclosed by walls that do not satisfy the six-foot height requirement in Section 9-28I( I) of the Winter Springs Code under certain conditions; and . WHEREAS, the City Commission of the City of Winter Springs. Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORF., 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. City of Winter Springs OrdinllI1CC No. 2003-39 Section 2. Code Amendment, Chapter 9, Article IV, Division 7. The City of Winter SpIings Code, Chapter 9, Article IV, Division 7, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicatc a deletion from the Ordinance of text existing in Chapter 9. It is intended that the text in Chapter 9 denoted by tht: 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 'It** 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 of this division. All dumpsters existing on the effective date ofthis division shall comply with the minimum requirements set forth herein by March I, 2004,--cxcept that any such existing dumpster shall be grandfathered from the six-foot height requirement set forth in Section 9-281 (1 ). prDvided the dumpster fully comolies wi th all other provisions of this Section. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the CityCDmmission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall he incorporated into the Winter Springs City Code and any section Df 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 cowt of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and !;uch holding shall not affect the validity of the remaining portions of this Ordinance. City of Winter Springs OrdinlUlce No. 2003-39 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 ,2003. 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: Effecti ve Date: F:\nllcsICily or Winter SpringslOtdinallCcs\DlllllpSll:rs\nijltlpslc:r _Amcnd_ 2003.39. wpd City of Winter Springs OrdinllIlcc No. 2003-39 ".,,' j ,-'/ ,-l '.- -I ;', t : :'. ,';':'~' l' . '...... '.0.. ' . : "<;:;i~ - "J' J.tl .1' . :. <:;'I.'." ";'.;':T:'~.; , '.." .:j . ""(:j 'I. '-. , . ~4j , tit . ...., l~ '.;. . .' ,..