The URL can be used to link to this page

Home My WebLink About2002 04 22 Public Hearings A First Reading - Ordinance 2002-13 Screening Requirements for Dumpsters UCIIL uy. U.IU"I'J"~I'to..I,""""''''''4...'fl'''''I'''''''''''''''''''''''''J' or". J . . . ...... ''-- ----, " COMMISSION AGENDA ITEM A Consent Tnfonnational Public Hearing X Regular April 22. 2002 Meeting ~LWl f(1/.lo~, Mgr. / Art. / Dept. REQUEST: The City Manager and the City Attorney request that the City Conunission consider first reading of Ordinance No. 2002-13 requiring that all dumpsters located within the City satisfy minimum screening requirements. PURPOSE: The purpose of this Ordinance is to establish minimum screening requirements for dumpsters Located within the City and to require all existing dumpsters to comply with the requirements by October 1, 2002. 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 [acilities 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. Page 1 of 2 - -.. - - ~ - . . . 3. Section 20-234(11)(d), Town Ct:nter Code, provides: Loading docks, service areas and trash disposal facilities shall not face streets, parks, squares or significanL spact:s. - 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 of Lake land, 414 So. 2d 1030 (Fla. 1982) (Zoning solely for aesthetic purposes is not outside the scope of the police power.) 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 dire~.ted that an ordinance be prepared for the City Commission's consideration. 3. Adopting minimum screening 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 1,2002. STAFF RECOMMENDATION: The City Manager and City Attorney request that the City Commission consider adopting Ordinance No 2002-13 on first reading. ATTACHMENT: Ordinance No. 2002-13. COMMISSION ACTION: F. \DOCSICily of winter Sprin811lAgwda\Ag(nda.l\.lfllllpner.2002--i 3.4- 22-02. "l'd Page 2 of 2 . . . -. .......J......-J-.'--.....'.-..----J.. "J .C'. . . - .. '.. J . -':) - ..- ORDINANCE NO. 2002-13 AN ORDINANCE OF THE CITY COMMISSION OF Tnl: CITY OF WINTER SPR.L~GS, FLORIDA ESTABLISHING MINIMUM STANDARDS FOR SCREENING FROM PUBLIC VIEW NEW AND EXISTING DUMPSTERS; REPEALING WINTER SPRINGS CODE SECTIONS 20-473(c) AND 20-489(c:t GENERALLY llliLATTNG TO DUMPSTERS ALONG S. R. 434; PROVIDING AN IMPLEMENTATION SCHEDULE FOR EXISTING DUMPSTERS; PROVIDING FOR SEVERABILITY; INCORPORATJONINTO TBECODE; 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(c), Winter Springs Code); and WHEREAS, the City Commission desires to supplement the State Road 434 Development Standards and also adopt City-wide minimum guidelines for the screening of dumpsters located within the City of Winter Springs; and WHEREAS, the City Commission finds that the screening of 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 if such dumpsters oven-low with trash before pick-up; and WHEREAS, the City Commission 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 CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: r ~ge I o[ , . . . . -~- --.. .'- ----J . "J . . - _. I.., . -. ~... ...,.... "'-' .-- ----J Section 1. New Code Section. The City of Winter Springs Code, Ch.apter 20, Article IV, Required Improvements is hereby amended to add the following new Division {underlined type indicates additions and strikeout 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 trash. refuse, vegetative waste. recyclable materials or other kinds of waste. and which may be of the open or enclosed variety. and is typically hoisted onto or mechanically emotied into a specifically eauipped truck. for transporting said waste to a designated facility. Dumpsters are tyoicallv used for multi-family. commerciaL and industrial land uses Sec. 9-281. Minimum Screenini! Requirements. All Dumpsters shall be screened on all tour (4) sides from public view under the following minimum screening and design requirements: W Both sides and the rear of the DumpstCT shall be screened by an opaque wall made of concrete. brick. stone, or other similar durable material. orovided the material used is compatible with the architectural design of the principal structure. The wall shall b~ at least six (6) feet in height or the heiRht of the Dumpster. whichever is greater. (b) The front (If the Dumpster shall be screened by an Opaque gate which shall remain dosed at all times. except for trash disposal and pick-up. ill Dumpsters shall be placed in an area that is least visible from the public right- City of Winter Springs Ordinance No. 2002-13 Plge 2 of ~ vt:lll. oy; OnUVYI'iJW"'~nuJ,,:)J-\L.."-I'I-I~c...HL:.I....h,)JI .-. J ""v' ...,c:;....... ~........\JJ . . . .....,.... ......... , . --...., '.. J , -':;'1 - -.- of-way. (Q) Dumpsters shall be placed on a concrete pad or other impervious surface deemed suitable bv the City. ~ Landscaping around the Dumpster may be required if deemed necessary by the Citv in order to make the Dumpster compatible with the surrounding neighborhood and the site development. ill All new Dumpsters shall comply with the minimum requirements set forth herein upon the effective date of this Division. All Dumpsters existinR on the effective date Of this Division shall comply with the minimum requirements set forth herein bv October 1. 2002. (g) Dumpsters located within an enclosed building are eX.empt from this Section. Section 2. Winter Springs Code, Sections 20-473(c) Rod 20-489(c) Repealed. SeClions 20-473(c) and 20-489(c) of the Winter Springs Code set forth below are hereby repealed as follows: (S11 ikeout means deletion.). A. See. 20-473 Building and screening design guidelines. (-c) DUUJP!tGI5 and ~iH..a~J fa.",ilities 5h,,1l be. SGJ e.Cll<od Oll a.1I foul (4) !ide~ fi Oil' ptlblic yie~. Doth sides a.nd the J CIl1 of 5uGlI fb.\,..ditics ~1k41l be SCI eell\;J \.,} all opaque GOllG. c.tc. wall, or simil/t1 lhllterial. DUUJpsteJ5 shall be placed in all 'U~a lluII~:) least vi;:>iblc. [,om a public J;gl.l-of- way: Cil)' of Winter Springs Ordinance No. 2002-lJ Page 3 01' 5 ~enl oy; OnU\''iI'lJVYJ-I.nUJu'"'l..L...I'r.''"''''..:LllL.....-...JI..l,' .f""\. J -'V' ~,'-~ ....~~....., .. . . "t-' , , - -- '.' J . ~';J- Conforming Amendments: Subsections (d), (e), and (f) of this Section shall be restated as subsections (c), (d), and (e) respectively. B. Sec. 20-489 Building and screening design guidelines. (c) Du(up~te, ~ and !\imad' fd\.a~ti.." sliM I be ~crc<:ned 011 all fOUl (~) ~ide~ fi ou1 pubEG view. Doth !'idl;;;:) au.:! the 1 ea. of ~Udl fl1cil;t;e~ ,~I,all be ~cceened by an opaque concl ete wall, 01 :.iuIilcll lUI1ICI;~l DUlll11~t\:;l:) :.lrall be placed in an alCa Illat;s least \li~iLk flOl1l a public li!S!lt-of:. 'W1!'f" Conforming Amendments: Subsections (d), (e), (t), (g), (h), (i), (i), (k), (1), and (m) oftrus Section shall be restated as subsections (c), (d), (e), (f), (g), (h), (i), m, (k) and (1) respectively. Section 3. Repeal of Prior Conflicting Ordinance~. All prior conflicting ordinances adopted by the City Commission, or parts of prior ordinances in conflict herewith, are hereby repealed 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 8S 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 City of Winter Springs Ordin!ll1cc No. 2002.13 rage 4 of :l . of the remaining portions of this ordinance. . . Section 6. Effective Dllte. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Wimer Springs, Florida. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a re1:,'l.llar meeting assembled. on the _ day of ,2002. ATTEST: PAUL P. PARTYKA Mayor ANDREA LORENZO-LUACES City Clerk Approved as to legal form and ~ufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: City ofWinlcr Spnngs Ordinance No. 2002-J 3 P.ge ~ of ~