HomeMy WebLinkAbout2004 01 26 Public Hearings 407
CO]\1MISSION AGENDA
ITEM 407
Consent
Informational
Public Hearine X
Reeular
January 26,2004
Meeting
Mgr.J-i- /
Authorization
Deot.
//1-
REQUEST:
The Community Development Department- Planning Division requests that the City
Commission consider Second Reading! Adoption of Ordinance 2003-40 amending Section 9-281
ofthe Winter Springs' Code to allow for Vinyl as an acceptable dumpster screening material for
existing dumpsters which need to come into compliance with Section 9-281 by March 1,2004,
and requests that the City Commission adopt standard details to be made available to affected
parties and that they exempt these dumpsters 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 dumpsters which need to come into compliance
with the new code and exempts existing dumpsters from compliance with the zoning setback
requirements generally applied to accessory buildings and structures.
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 simil.ar 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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0] 2604 Public Hearing Agenda Item 407
Aug. 11, 2003- 2nd Reading/Adoption of Ordinance 2003-26 which amendl;~d 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
Dec. 8, 2003- I sl Reading Ordinance 2003-40 allowing vinyl as an acceptable screening
material by those existing dumpsters that are required to come into compliance
by March 1,2004.
CONSIDERA TIONS:
. 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 of the principal structure.
. Construction of a masonry wall enclosure requires a substantial expense (both m
engineering and in construction). Such costs makes it difficult for many to comply.
. Allowing vinyl as an acceptable screening material (for existing dumpsters) 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 would help to alleviate some of the expense. Two
alternatives will be available, one masonry and one vinyl.
. Vinyl 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.
0) Most of the parties 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 of these considerations that the Commission exempt existing
dumpsters from complyingwith the zoning setback requirements.
. The Commission at its November 11, 2003 meeting directed the City Attorney to prepare
an Ordinance addressing the aforementioned items.
IMPLEMENTATION SCHEDULE:
Jan. 13,2004- Letters were sent out to the 99 affected businesses and multi-family complexes
alerting them of the March 1 sl deadline and alerting them of possible new code provisions.
012604 Public Hearing Agenda Item 407
Jan. 15,2004- Public Noticing in Orlando Sentinel for 2nd Reading!Adoption by the Commission
Jan. 26,2004- 2nd Reading/Adoption Ordinance 2003-40
Following adoption, letters will be sent out to the 105 affected businesses and multi-family
complexes alerting them ofthe new code provisions.
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a Public Hearing for Second
Reading!Adoption of Ordinance 2003-40, amending the Code to 1) allow Vinyl as an acceptable
screening material for existing dumpsters which need to come into compliance with Section 9-
281 by March 1,2004, and 2) exempting parties 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 parties whose dumpsters must be brought into compliance by March J, 2004.
ATTACHMENTS:
A- Ordinance 2003-40
B- Letter of CertiJication & Standard Details for Masonry Structure and Vinyl Structure
C- Letter to Property Owners
COMMISSION ACTION:
012604 Public Hearing Agenda Item 407
ATTACHMENT "A"
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
GRAND:FA THER EXISTING DUMPSTERS FROM THE
ZONING SETBACK REQUIREMENTS GENERALLY
APPLIED TO ACCESSORY BUILDINGS AND
STRUCTURES; PROVIDING FOR REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUT][ONS,
IN CORPORA TION INTO THE CODE, SEVERABILITY, AND
AN EFFlECTIVE DA TE.
WHEREAS, the City Commission is granted the authority, under Section 2(b), Article V III,
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 of the 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 (I) of the Winter Springs Code: and
WHEREAS, as required by Section 9-281 (7) of the Winter Springs Code, all new and
existing dumpsters ,'nust 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 (I) 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 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.
City ofWinlcr Springs
Ordinance 2003-40
Page I of 3
012604 Public Hearing Agenda Item 407
ATTACHMENT "A"
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 thi.s 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 strTkemtt 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).
CHAPTER9. LAND DEVELOPMENT
***
Article IV. Required Improvements
"'**
Division 7. Dumpsters
* '" '"
Sec. 9-281. Minimum s(:reening 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 of this division
shall comply with the minimum requirements set forth herein by March 1,2004, except that
any such existing dumpster shall be grandfathered from the six-foot height requirement set
forth in Section 9-281 (t ) and appl icable zoning setback requirements, provided the dumpster
fully complies with all other provisions of this Section. In addition. existin~ dumDsters 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 pmts 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
012604 Public Hearing Agenda Item 407
ATTACHMENT "A"
Section 4. Incorporation Into Code. This Ordinance. shall be incorporated into t
Winter Springs City Code and any section or paragraph number or letter and any heading may
changed or modified as necessary to effectuate the foregoing.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word
provision of this Ordinance is for any reason held invalid or unconstitutional by any court
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion sh
be deemed a separate, distinct and independent provision, and such holding shall not affect t
validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately up
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to C
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regu
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\Cily of Wintcr SprinB!.'\Ordinanccs\Dumpslcrs\Dlmlpstcr_Alllcnd_2003-40. wlxl
City of Winter Springs
Ordinance No. 2003-40
Page 3 of 3
012604 Public Hearing Agenda Item 407
A TT AClEIMENT "B"
Letter of Certification & Standard Details for Masonry Structure and for Vinyl Structure
-
January 2. 2004
1117 UlISl RobiNon She,,'
Orlando. nonda:wllJl
I'hont; 407.425.0~52
I'd>: ~1r..6&8.1036
1.rmw.fJ .lh",.~iJ I,',"f;.f ()In
City of Winter Springs
1126 East S.R. 434
Winter Springs, Florida 32708
ATTN: Eloise Sahlstrom, Senior Planner
Re: Dumpster Details
Dear Eloise:
Attached please find sign,ed and sealed drawings (one of each detail) that are the .official
details" to be used within the City of Winter Springs for dumpster enclosures. These two designs
meel the structural and wind load requirements of the City of Winter Springs code.
AlsO enclosed, please fil1d two clean copies, i.e., not signed and sealed. We authorize the City
to use these copies to malke copies for distribution 10 businesses within the City that need to
construct a dumpster enclosure to comply with City requirements. They are to be used only by
the City of Winter Springs In the process of issuing a building parmit for dumpster enC'~osu(es
vvithrll the jurisdiction of the City of Winter Springs.
If you have any Questions" ptease call.
Sincerely,
J:\WC411~C llerJgl1_pilfmitling,('.(f(respol'ldence'len.e(;D\~1Ip5ter 1",:htl,illl~Dn Lnt~ ON:
E/lSl"CI'TS. 1'11lfI7lcf'S, l.mllfsc<<pt' Ardritcrts. SllI1lrynrs. Ccmstrm:titlll MRnR8(!lnI~nt. Dcsi}<...,,/B1Iild
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DESIGN CRITERIA
- WlND SPEED 110 MPH, EXPOSURE B
- OEStGN COM~SSfVE STRENGTH f"m = 1500 PSI
OF MASONRY AT 28 DAYS
. AlLOWABlE STEEL STRESS Is ~ 24.000 PSI
.. MAXIMUM HEIGHT
.6 FEET .. INCHES
. FOR GREATER HEIGHT ENGINEERING CAl..CUlA liONS REOUlREO
ALL MATERiALS AND METHOOS OF CONSTRUCTION SHAll BE
IN ACCORDANCe YV1TH ORA\'\fINGS AND SPECIFICATIONS AND:
. THE KATlONAl CONCRETE MASONRY ASSOCIATION
'SPEClFICATlONS FOR DESIGN AND CONSTRUCTION OF
LOAD BEARING STRUCTURES:
-ACI530 'BUIlDING COOE REOUIREMENTS FOR REINFORCED
MASONRY STRUCTURES.'
-ACl318 "BUILotNG CODE REOUlREMENTS FOR STRUCTURAL
CONCRETE:
. MINIMUM ENCLOSURE SHAU PROVlDE 2 FOOT CLEAR ON All
SlOES OF THE DUMPSTER
MATERIALS
.. BLOCK: CONFORM TO ASTM C90.. GRADE N, NPE II TWQ.CELl.
8"xS'"x 16- (COMPRESSIVE STRENGTH. GROSS AREA , 000 PSI)
OR 6"Jl8.x16" BRICK - NOR'NEIGAN STRUCTURAl BRICK
. MORTAR: CONFORM TO ASTU C270. TYPE S. MINIMUM
COMPRESSrJE STRENGTH AT 28 DAYS -1000 PSI unuZE
lYPE II CEMENT AND TYPE 5 LIME. MASONRY CEMENIlMLl
NOT BE CONSIDEREO.
- GROUT: CONFORM TO C476. COURSE GROUT. MINIMUM
COMPRESSIVE STRENGTH AT 28 DAYS. 2000 PSI
.. STeEL: DUR..o.WAl OR EQUAl JOINT REINFORCEMENT AT
EVERY SECOND COURSE ('. O.c.) AND FILLED CELL
REINFORCEMENT AS PER DRAWINGS (ASTM ,0\615, GRADE 60)
-CONCRETE: MINIMUM COMPRESsrvE STRENGTH AT 28 DAYS
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- GATE SHALL SUPPORT A TOTAL LIVE LOAD OF 200#, (poINT
LOAD AT THE END) PER GATE.
NOTE:
TI-!!S m:t".wt.'\!G ~S .". ~T.^.."':~C1.n OETA::" MEETl~~C nu:
REOUIREMENTS OF THE CITY OF WINTER SPRINGS COOE FOR ..
THE PARAMETERS AND CONDITIONS AS STATED HEREON :..
AND HAS BEEN PREPARED FOR USE WITHIN THE CITY OF
WINTER SPRINGS ONLY. A SIGNED AND SEALEO COPY IS ON
FILE AT THE OFFICES OF THE CITY OF WINTER SPRINGS.
THE SIGNED AND SEAlED COPY IS THE OFFICtAL
AUTHORIZED DRAWING, AN"( CHANGES OR AJ..TERATIONS
TO THIS DETAIL MUST BE SUBMITTEO FOR APPROVAl AND
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CI) OF MASONRY AT 28 OA YS
Z >. - ALLOWABlE STEEL STRESS fs "" 24,000 PSI
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t8 A.ll MATERIALS AND METHODS OF CONSTRUCTlON SHAll 8:::
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- CONCRETE: MINIMUM COMPRESSIVE STRENGTH AT 2S DAYS
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(/) - GATE SHAlL SUPPORT A TOTAl UVE lOAD OF 200tI
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"'0 REQUIREMENTS OF THE CITY OF WINTER SPRINGS CODE FOR
a THE PARAMETERS AND CONDmONS AS STATED HEREON
AND HAS BEEN PREPARED FOR USE W1THlN THE aTY OF
...... WINTER SPRINGS ONL'(. A SIGNED AND SEAlED COP'( IS ON
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012604 Public Hearing Agenda [tern 407
ATTACHMENT "C"
City of Winter Springs, Florida
Community Development Department
1126 East State Road 434
Winter Springs, FL 32708-2799
(407) 327-5967 Phone
(407) 327-6695 Fax
13 January 2004
BusinessfProperty Owners
Winter Springs, FL 32708
Dear BusinessfProperty Owner:
This letter is a fol1ow-up to the letter you received in early September from the City related to the City's
new dumpster enclosure requirements.
The City Commission is in the process of amending the code, relaxing the requirements for existing
dumpsters that must come into compliance by March I, 2004. If adopted on January 26, 2004, the
amended code wiII al10w vinyl as an alternative dumpster enclosure material and wil1 grandfather existing
dumpsters from the zoning setback requirements general1y applied to accessory bui [dings and structures.
These alternative design requirements will al10w you to meet the Florida Building Code for wind load,
etc. The design requirements include two different material options- (1) split face concrete block, or (2)
high quality vinyl. In order for vinyl to be utilized, it must be constructed according to the design and
material specifications described in the alternative design requirements. (A list of vendors who supply
the quality of vinyl described in the alternative design requirements wiII be included with the alternative
design requirements.) Although the City prefers the masonry material and will continue to require this
material for new construction, the provision of vinyl as an alternative material should enable compliance
at a reduced expense for those persons who can't afford the masonry enclosure. However, to qualify for
this reduced cost alternative you will be required to build in strict accordance with the alternative design
requirements.
We're confident these amend.ments to the Code wil1 enable you to bring your dumpster into compliance
more easily and at a reduced cost. Please be advised that after March I, 2004, all properties with
dumpsters not in compliance will be subject to enforcement action and penalties. Additionally it is
important to note that a building permit is required before construction may begin. Should you wish to
obtain a copy of the alternative design requirements, please contact the City after January 26,2004.
Numbers to call for more information:
Community development, Planning
Setback information, Building permitting
Plans review, Technical questions
Eloise Sahlstrom
Max Epstein
Mike Scheraldi
407- 327-5967
407- 327-5963
407- 327-5974
Sincerely,
Eloise Sahlstrom, AICP, ASLA
Senior Planner