HomeMy WebLinkAboutItem #13 First Reading of Ordinance for an Amendment to the Land Development Code (LDC) Concerning Collection Bins and Collection Trailers ocoee
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AGENDA ITEM COVER SHEET
Meeting Date: September 18, 2018
Item # 13
Reviewed By:
Contact Name: Michael Rumer, City Department Director:
Planner
Contact Number: (407) 905-3100 x1018 City Manager:
SUBJECTS M First Reading of Ordinance' Amending^Land .Development C de °(LOC);Adding 'a
Definition for Collect an Bins and Collection Trailer ":'! k
Background Summary:
Donation collection bins are small containers dedicated for the sole purpose of collecting discarded materials for
reuse. Most collection bins advertise the reuse to benefit a nonprofit charitable organization. Typical items that
are expected to be received are clothing, toys, and small electronics. The bins are considered accessory
structures in commercially zoned and developed properties. The collection bins are not typically manned on a
day to day basis.
The City has regulated the location of collection bins in Article VI of the Land Development Code (LDC). Article
VI, allows the use of containers if they are within a fully screened masonry enclosures designed for that purpose
and they must be substantially screened from view from adjacent roads or parking areas. A dumpster enclosure
is the best illustration of meeting the requirement.
In order to more clearly define how clothes collection bins and collection trailers are regulated, an amendment
to the Land Development Code defining the terms and regulations is proposed.
Staff is proposing to add the following definition to the Land Development Code:
Collection bin or Collection trailer: Any stationary or free-standing container, receptacle or similar device that
is located outdoors on any property within the City and is used for the collection of donated items, such as
clothing, books, shoes or other non-perishable personal property, and which includes a mobile trailer used for
the collection of donated items. This term does not include any of the following: (1) a bin used for the collection
of donated items associated with a special event, provided the bin is removed when the special event ends, but
in no event later than forty-eight (48) hours after being placed at the special event site; and (2) a container for
the collection of recyclable materials associated with the City of Ocoee or the Orange County Solid Waste
Division.
Staff is also proposing to amend the requirements of dumpsters and storage containers with the following:
No long-term storage containers, compactors, collection bins, collection trailers, or dumpsters will be located on
a parcel except within fully screened masonry enclosures designed for that purpose.
No outside freestanding vending machines, video games, propane stations, electric rides, newspaper boxes,
collection bins, collection trailers, or similar equipment shall be permitted unless substantially screened from
view from adjacent roads or parking areas.
Additionally, staff is amending the regulations for multi-family developments to include the same criteria:
No long-term storage containers, compactors, collection bins, collection trailers, or dumpsters will be located on
a parcel except within fully screened masonry enclosures designed for that purpose.
Issue:
Should the Honorable Mayor and City Commissioners approve a proposed ordinance regulating Collection Bins
and Collection Trailers?
Recommendation:
Staff respectfully recommends that the Honorable Mayor and City Commissioners approve the proposed
ordinance regulating Collection Bins and Collection Trailers.
Attachments:
Draft Ordinance
Financial Impact:
None
Type of Item: (please mark with an "x")
Public Hearing For Cleric's Dept Use:
X Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing',.
Resolution Regular Agenda
Commission Approval
Discussion& Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by 0 N/A
ORDINANCE NO. 2018-
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
AMENDING THE CITY OF OCOEE LAND DEVELOPMENT
CODE; AMENDING SECTION 2-4 OF THE CITY OF OCOEE
LAND DEVELOPMENT CODE, CREATING A DEFINITION FOR
THE TERM, COLLECTION BIN OR COLLECTION TRAILER;
AMENDING SPECIFIC REGULATIONS INCLUDED WITHIN
SECTION 6-14 OF THE CITY OF OCOEE LAND DEVELOPMENT
CODE, RELATING TO COMMERCIAL AND INDUSTRIAL
DEVELOPMENT REGULATIONS, TO INCLUDE COLLECTION
BINS AND COLLECTION TRAILERS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, as provided in Article VIII of the Constitution of the State of Florida and
chapters 163 and 166, Florida Statutes, the City of Ocoee (the "City") enjoys all home rule
authority, police power, land development and zoning authority, and governmental and
proprietary powers necessary to conduct municipal government and perform municipal
functions; and
WHEREAS, the City may exercise any power for municipal purposes, except as
expressly prohibited by law; and
WHEREAS, on August 14, 2018, the City of Ocoee Planning and Zoning
Commission held a public hearing on proposed amendments to the Land Development
Code to specify collection bins and trailers in commercial and industrial development
regulations and recommended that the Ocoee City Commission approve said
amendments; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission
in a public hearing in accordance with the procedures set forth in Section 166.041(3)(a),
Florida Statutes; and
WHEREAS, the City Commission in good faith determines that this Ordinance is
in the best interest of the City and its residents and promotes the health, safety, and
welfare of the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authority. The City Commission of the City of Ocoee has
the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the
State of Florida and Chapters 163 and 166, Florida Statutes.
SECTION 2. Amendment to Section 2-4. A new Paragraph (71) is
added to Subsection C of Section 2-4 of the City of Ocoee Land Development Code to
read as follows with underlines showing additions and strikethroughs showing deletions:
SECTION 2-4- DEFINITION OF TERMS.
C. For the purposes of this Code, the following terms shall have the meanings set forth in this
section unless otherwise indicated by the context:
(71) Collection bin or Collection trailer: Any stationary or free-standinq
container, receptacle or similar device that is located outdoors on any property within
the City and is used for the collection of donated or recycled items, such as clothing,
books, shoes or other personal property, and which includes a mobile trailer used for
the collection of donated items. This term does not include any of the following: (1) a bin
used for the collection of donated items associated with a special event, provided the
bin is removed when the special event ends, but in no event later than forty-eight (48)
hours after being placed at the special event site; and (2) a container for the collection
of recyclable materials associated with the City of Ocoee or the Orange County Solid
Waste Division.
(Subsequent paragraphs are renumbered.)
(All other provisions of section 2-4 of the City of Ocoee Land Development Code
remain unchanged by this amendment.)
SECTION 3. Amendment to Section 6-14. Subparagraphs (j) and (k) of
Paragraph (1) of Subsection C of Section 6-14 of the City of Ocoee Land Development
Code is hereby amended to read as follows with underlines showing additions and
strikethroughs showing deletions:
SECTION 6-14-COMMERCIAL AND INDUSTRIAL DEVELOPMENT REGULATIONS
C. Private Property
(1) Site Design Standards.
(j) Storage and Service Areas. All service areas shall be designed and located so as to
be unobtrusive and architecturally integrated into the building's overall design. All
infrastructure, pipes, equipment, and other mechanical equipment shall be disguised or
camouflaged to ensure unique and visually appealing buildings and projects.
i. Service, delivery, and dumpster areas must be located to minimize visibility from
adjacent streets and adjacent properties.
i. Service, delivery, and dumpster areas shall be located at the rear or side of the
building and substantially screened with masonry walls and opaque landscaping.
iii. No long-term storage containers, compactors, collection bins, collection trailers, or
dumpsters will be located on a parcel except within fully screened masonry enclosures
designed for that purpose.
(k) Miscellaneous Site Facilities.
i. No shopping cart corrals shall be permitted adjoining a building or within parking areas
unless screened with masonry walls, landscaping or other acceptable buffers.
ii. No outside freestanding vending machines, video games, propane stations, electric
rides, newspaper boxes, collection bins, collection trailers, or similar equipment shall be
permitted unless substantially screened from view from adjacent roads or parking areas.
iii. No outside display of products of any kind shall be permitted unless substantially
screened within an enclosure.
iv. No outside work areas shall be permitted unless substantially screened from view.
(All other provisions of section 6-14 of the City of Ocoee Land Development
Code remain unchanged by this amendment.)
SECTION 4. Amendment to Section 6-15. Subparagraphs (j) and (k) of
Paragraph (1) of Subsection C of Section 6-14 of the City of Ocoee Land Development
Code is hereby amended to read as follows with underlines showing additions and
strikethroughs showing deletions:
SECTION 6-15-MULTI-FAMILY DEVELOPMENT STANDARDS
(N) No long-term storage containers, compactors, collection bins, collection trailers, or
dumpsters will be located on a parcel except within fully screened masonry enclosures
designed for that purpose.
(Subsequent paragraphs are renumbered.)
SECTION 5. Severability. If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by
any court of competent jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the validity of the remaining
portion hereto.
SECTION 6. Codification. It is the intention of the City Commission of
the City that the provisions stated in this Ordinance shall become and be made a part of
the Code of Ordinances of the City; and that sections of this Ordinance may be
renumbered or relettered and the word "ordinance" may be changed to "chapter,"
"section," "article," or such other appropriate word or phrase in order to accomplish such
intentions; and regardless of whether such inclusion in the Code is accomplished,
sections of this Ordinance may be renumbered or relettered and the correction of
typographical errors which do not affect the intent may be authorized by the City
Manager, without need of public hearing, by filing a corrected or recodified copy of
same with the City Clerk.
SECTION 7. Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this day of , 2018.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED , 2018
READ FIRST TIME , 2018
READ SECOND TIME AND ADOPTED
, 2018
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this day of , 2018.
SHUFFIELD, LOWMAN & WILSON
By:
City Attorney