HomeMy WebLinkAboutItem #09 Second Reading of Ordinance for an Amendment to the Land Development Code (LDC) Concerning Collection Bins and Collection Trailers ocoee
florida -
AGENDA ITEM COVER SHEET
Meeting Date: October 2, 2018
Item #
Reviewed By:
Contact Name: Michael Rumer, City Department Director:
Planner
Contact Number: (407) 905-3100 x1018 City Manager:
SUBJECT: Second Reading of Ordinance Amending Land Development Code (LDC) Adding a
Definition for Collection Bins and Collection Trailers. Amending Article VI to Include Collection
Bins and Collection Trailers as Accessory Uses Requiring Shielding from Road and Parking
Areas.
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:
Ordinance
Financial Impact:
None
Type of Item: (please mark with an x')
x Public Hearing For Clerk's Dept. Use:
Ordinance First Reading Consent Agenda
x Ordinance Second Reading )( Public Hearing
Resolution Regular Agenda
x 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
SECTIONS 6-14 AND 6-15 OF THE CITY OF OCOEE LAND
DEVELOPMENT CODE, RELATING TO COMMERCIAL AND
INDUSTRIAL DEVELOPMENT REGULATIONS AND
MULTIFAMILY DEVELOPMENT STANDARDS, 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, as well as in multifamily development standards, 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:
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-standing
container, receptacle or similar device, which includes a mobile trailer used for the
collection of donated items, 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,
electronics, or other personal property. 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 are 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.
ii. 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. A new paragraph N is added
to Section 6-15 of the City of Ocoee Land Development Code to read as follows with
underlines showing additions:
SECTION 6-15. MULTIFAMILY 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 relettered.)
(All other provisions of section 6-15 of the City of Ocoee Land Development
Code remain unchanged by this amendment.)
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, P.A.
By:
City Attorney
COPY OF ADVERTISEMENT
Date Published and Media Name
IWEST ORRY "TIMES'& I" THIAWAV,SEPTEMBER20,2016 21
ocoee
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
AMENDMENT TO THE OCOEE LAND
DEVELOPMENT CODE SPECIFIC
TO COLLECTION BINS
AND COLLECTION TRAILERS
Notice Is Hereby given that the City of Ocoee City Commission will consider a proposed amendmentto
the City of Ocoee Land Development Code.
The OCOEE CITY COMMISSION will hold a public hearing on the proposed amendment on Tuesday.
OCTOBER 2,2018,at 6:15 pm or as soon thereafter as practical The public hearing will be held in the
City Hall Commission Chambers located at 150 North Lakeshore Drive,Ocoee.
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.
Interested parties may appear at the public hearing and be heard with respect to the proposed actions
above. The complete case file may be inspected at the Ocoee Development Services Department/
Planning Division located at 150 North Lakeshore Drive,Ocoee,Florida between the hours of 8:00 a.m.
and 5:00 p.m.,Monday through Friday,except legal holidays.The City Commission may continue this
public hearing to other dates and times,as it deems necessary. Any interested party shall be advised of
the dates,times,and places of any continuation of these or continued public hearings shall be announced,;
during the hearing and no further notices regarding these matters will be published.You are advised'
that any person who desires to appeal any decision made at the public hearings will need a record of the
proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is made
which includes the testimony and evidence upon which the appeal is based. Persons with disabilities
needing assistance to participate in any of these proceedings should contact the City Clerk's Office 48
hours in advance of the meeting at 407-905-3105.
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