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HomeMy WebLinkAbout2003 11 10 Public Hearings 401 Second Reading - Ordinance 2003-39 Screening of Dumpsters COMMISSION AGENDA November 10, 2003 Meeting Consent Informational Public Hearin X Re ular Mgr. ~ Dept. / . Authorization ITEM 401 REQUEST: The Community Development Department- Planning Division requests that the City Commission consider Second Reading/Adoption 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 HigWand community, there are numerous enclosures that effectively screen 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 compatible with the architectural design of tile 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. Oct. 27, 2003- First Reading of Ordinance 2003-39 Oct. 30,2003- Public Noticing in Orlando Sentinel @ 111003 Public Hearing Agenda Item 40 I CONSIDERATIONS: . Existing dumpster enclosures with walls less than SLX (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 grandfathering 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 Second Reading/Adoption 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. 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: 111003 Public Hearing Agenda Item 40 I ATTACHMENT "A" Photos of Example Dumpster Enclosures less than six (6) foot in height 111003 Public Hearing Agenda Item 401 ATTACHMENT "B" Ordinance 2003-39 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTKR SPRINGSt FLORIDAt AMENDING CITY CODR, SECTION. 9..281, MINIMUM SCREENING REQUIREMENTS FOR DUMPSTERSt TO GRANDFATHER EXISTING DUMPSTERS ENCLOSED BYW ALLS THAT DO NOT SATISFY THE SIX-FOOT HEIGHT REQUIREMENT SET FORTH IN SECTION ~281(1); PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOI..UTIONSt INCORPORATION INTO THE CODEt SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission is granted the authority, under Section2(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 complianco with the dumpster screening requirements set forth in Scction 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 9-281( 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 ofthe public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORR, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section..1 Recitals. The foregoing recitals are true and correct I1l1d ure fully incorporated herein by this reference. City of Winter Springs OrdinllIlce No. 2003-39 ,.y,' - 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 (* * *) 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 of this division. All dumpsters existing on the effective date ofthis division shall cornplywith theminimwn requirements set forth herein by March I, 2004,--cxcept that any such existing dumpster shall be lp'andfathered from the six-foot height req~ire;;ent set forth in Section 9-281 (1). provided the dumpster fully complies with all other provisions of this Section. 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. Sedion 4. incorporation Into Code. This Ordinance shall he 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 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. , " '= City of Winter springs Ordinance No. 2003-39 . Secdon 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the CHy 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: Effective Date: :.' .. F:~J\Cjl)' of Winter SprfngsIO/lJillancc:alDumpstcrs\DUIlIP51cr_Amcnd_ 2003.39. wpd City of Winter Springs OnJinancc No. 2003-39 : .~ t'; .... ',:1 . ::;':'