Loading...
HomeMy WebLinkAboutZOA-11-01CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER SANG COUNCIL BILL NO. 12 ORDINANCE NO. 1483 Series 2011 TITLE: AN ORDINANCE AMENDING SECTION 614 OF CHAPTER 26 CONCERNING RESIDENTIAL DUMPSTER REGULATIONS WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, in the exercise of that authority, the City Council wishes to amend the Wheat Ridge Code of Laws (the "Code ") with respect to trash dumpsters. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1 . Section 26 -614 of the Code is amended to read: Sec. 26 -614. Trash storage area screening. A. Trash storage for all existing and new multi -unit dwellings, institutional buildings, all business and industrial buildings or uses and agriculturally -zoned properties shall be accommodated within the structure, or if located outside: 1. Shall be located or screened so as not to be visible from any public streets, and; 2. Shall be screened when located within one hundred (100) feet of any one -or two- family residential structure. If screened by a fence or wall, a fence permit and site plan shall be required, and such screening shall be by a decorative wall or fence six (6) feet in height. Dumpsters and the required screening shall not be located within five (5) feet of combustible walls, openings, or combustible roof eave lines. The required screening shall be protected from damage by normal removal and replacement of the dumpster by a trash truck. Maintenance will be required if the screening is damaged and /or dilapidated, or in need of repair, and the area around the screening shall be kept free of junk and trash. B. One- and two- family residential structures in residentially zoned areas are permitted to have one trash dumpster no larger than , . pd " x lI A 2i cubic yards in size and are subject to the following conditions: 1. Trash dumpsters may not be stored wholly or partially within any portion of the front setback of the lot, and; 2. Any trash dumpster shall be screened from view so not to be visible from the public right -of -way or adjacent properties. If a trash dumpster is screened by a fence or wall, a fence permit and site plan shall be required. Such screening shall be by a decorative wall or fence six (6) feet in height. Dumpsters and the required screening shall not be located within five (5) feet of combustible walls, openings, or combustible roof eave lines. The required screening shall be protected from damage by normal removal and replacement of the dumpster by a trash truck. Maintenance will be required if the screening is damaged and /or dilapidated or otherwise in need of repair. The area around the dumpster and screening shall be kept free of junk and trash. C. Residential structures on agriculturally -zoned property shall be permitted to have one (1) trash dumpster. The dumpsters on such lots may be larger than one and one - half (1.5) cubic yards in size and shall meet the requirements set forth in Section 26- 614(A). D. In no instance shall trash screening for any commercial, industrial multi - family, agricultural, or other residential property be permitted to become a sight, traffic, or safety obstruction for driveways or street corners. No such screening shall displace required parking spaces, or landscaping, unless reviewed and approved by the Director of Community Development as an administrative variance after considering all reasonable alternatives. An administrative variance, to the prior sentence only, shall follow the procedures set forth in section 26 -115, but shall not be limited to the fifty (50) percent provisions thereof. E. Temporary construction dumpsters and temporary storage containers may be allowed in all zone districts at active construction projects only, and must be located on private property. If impractical to locate on private property, a right -of -way permit may be obtained from the public works department pursuant to Article III of Chapter 21 of the Wheat Ridge Code of Laws. Temporary construction dumpsters and temporary storage containers shall not be located so as to create sight, traffic, or safety obstructions. Temporary construction dumpsters and temporary storage containers must be removed within fourteen (14) days of construction completion. F. Screening is not required for dumpsters that are used by the community exclusively for the purpose of recycling. Dumpsters used for this purpose must be clearly labeled as recycling dumpsters. (Ord. No. 2001 -1215, § 1, 2- 26 -01; Ord. No. 1284, § 1, 4- 28 -03; Ord. No. 1454, § 1, 9- 28 -09) Section 3 . Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4 Severability, Conflicting Ordinances Repealed If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of the ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5 . Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 28th day of March, 2011, ordered it published with Public Hearing and consideration of final passage set for April 11th, 2011 at 7:00 p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 5 to o , this 11th day of April 2011- SIGNED by the Mayor on this ATTEST: Michael Snow, City Clerk =L Gerald E. Dahl, City Attorney First Publication: March 31, 2011 Second Publication: April 14, 2011 Wheat Ridge Transcript: Effective Date: April 29, 2011 1 ... __.. ORDINANCES ON SECOND READING Item 1. Council Bill 12 -2011 — amending Section 614 of Chapter 26 concerning Residential Dumpster Regulations. Mayor DiTullio opened the public hearing. Council Bill 12 -2011 was introduced on second reading by Mrs. Sang. City Clerk Michael Snow assigned Ordinance No. 1483. No staff report was provided. No citizens were present to speak. Mayor DiTullio closed the public hearing. Motion by Mrs. Sang to approve Council Bill 12 -2011 (Ordinance 1483) on second reading and that it take effect 15 days after final publication; seconded by Mr. Stites and Mrs. Jay; carried 6 -0. Item 2. Council Bill 13 -2011 — amending Section 5- 117(a)(5) of the Code of Laws of the City of Wheat Ridge to allow Home Owner Building Contractor Licensees to perform electrical work. Mayor DiTullio opened the public hearing. Council Bill 13 -2011 was introduced on second reading by Mr. Stites. City Clerk Michael Snow assigned Ordinance No. 1484. No staff report was provided. No citizens were present to speak on this item. Mayor DiTullio closed the public hearing. Motion by Mr. Stites to approve Council Bill 13 -2011 (Ordinance 1484) on second reading and that it take effect 15 days after final publication; seconded by Mrs. Langworthy; carried 6 -0. ORDINANCES ON FIRST READING Item 3. Council Bill 14 -2011 — adopting a new code Section 1 -11 concerning Council District Boundaries, and in connection therewith, approving an amended Council District Map pursuant to Charter Section 4.2. Motion by Mrs. Langworthy to approve Council Bill No. 14 -2011 on first reading, order it published, public hearing set for Monday, April 25, 2011 at 7:00 p.m. in the City Council Chambers, and that it take effect immediately upon approval; seconded by Mrs. Jay; carried 6 -0. Council Member Langworthy left the meeting due to illness. City of u Wheatl<iJge ITEM NO: I •- DATE: April 11, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 12 -2011 — AN ORDINANCE AMENDING SECTION 614 OF CHAPTER 26 CONCE RNIN�� RESIDENTIAL DUMPSTER REGULATIONS Uff J City Manager w 6 � 1 q- ISSUE: The attached ordinance proposes a n amendment to Chapter 26 of the Code of Laws to allow one trash dumpster up to two cubic yards on residentially zoned properties with one- and two - family dwellings. Currently, the zoning code allows residential properties with one- and two - family dwellings a trash receptacle no larger than one and one -half cubic yards, subject to regulations regarding screening and placement. The proposed code amendment changes the maximum allowed dumpster size to reflect current industry standards. PRIOR ACTION: Trash dumpster regulations were most recently amended in 2009 following a series of Study Sessions with City Council and Planning Commission. At that time, Section 26 -614 was reorganized and amended, allowing single and two - family dwellings in residential districts to have one trash dumpster up to one and one -half cubic yards. The attached ordinance proposes a minor revision that reflects current industry standards. At a Public Hearing on February 17, 2011, Planning Commission voted to recommend approval of the proposed ordinance, with one amendment that is reflected in the attached ordinance and is discussed later in this report. ❑ ORDINANCES FOR 1 READING (03/28/2011) ® ORDINANCES FOR 2 READING (04/11/20 W � YES NO )4) 4S ZOA- 11 -01/ Residential Dumpsters ® PUBLIC HEARING ❑ BIDS/MOTIONS ❑ RESOLUTIONS Council Action Form April 11, 2011 Page 2 FINANCIAL IMPACT: The proposed ordinance is not expected to have a financial impact on the City. BACKGROUND: Section 26 -614 of the Code of Laws provides for the size, screening, and placement of trash receptacles in a variety of zone districts. From 1996 to 2009, the largest allowed residential dumpster was one cubic yard. In 2005, City Council discussed policy options for dumpster regulations, but no direction was given to move forward with amendments. In 2009, in response to several code violations throughout the City, the issue of residential dumpsters was revisited. Multiple study sessions were held with City Council and Planning Commission, and direction was given to amend the language in the Code of Laws to reflect current standards. Pursuant to ZOA- 09 -04, Section 26 -614.13 currently allows single and two - family dwellings in residential districts to have one trash dumpster up to one and one -half cubic yards. One property owner in particular has been cited on multiple occasions for a non - compliant dumpster. In 2005, the property owner voiced to City Council her difficulties in keeping a code compliant dumpster. More recently, she received a code violation in August 2010 in part because the dumpster exceeded the new one and one -half cubic yard maximum. The property owner stated that dumpsters are not available in sizes of one and one -half cubic yards; the City's property inspector confirmed this statement with the trash provider. Industry Standards — Dumpster Size Wheat Ridge residents are served by multiple trash providers. In addition to providing standard trash receptacles to one- and two - family homes, refuse companies also offer dumpster service on a contractual basis. Generally, two types of dumpsters are available from local providers: front loading and open top roll -off dumpsters (see Image 1). Front load dumpsters often include lids; open top roll -off dumpsters are more commonly used on construction sites. Table 1 identifies the smallest available dumpsters from refuse providers in the Denver Metro area. It also notes those providers that the City includes in its online resource directory under "Garbage & Recycling." Many refuse providers do not offer front load receptacles, but of those who do the smallest available dumpster is most often two cubic yards. Council Action Form April 11, 2011 Page 3 Table 1: Dunipster Availability Company Name EDS Waste Solutions Inc. in the Denver 11/letro Smallest Front Load (in cubic Nrards) 1.5 * Area Smallest R I oll-off (in cubic �ards) 6 O il City Website Y Waste Management 2 10 Y Alpine Waste & Recycling 2 15 Y Allied Waste 2 20 Y Garbagio none available 5 Sam's Hauling none available 6 Dumpster Rental Denver none available 10 Pro Disposal Inc. none available 10 Yellow Box none available 10 Affordable Rolloff none available 12 Rolloff Remedies none available 12 * When available; EDS has a limited supply of 1.5 yard dumpsters but more commonly provides 2 yard dumpsters. The information in Table 1 confirms the findings of the City's property inspector and statements made by Wheat Ridge property owners: the current industry standard for the smallest available dumpster is two cubic yards. Image 2 illustrates the dimensions of front load dumpsters. Dimensions are from Waste Management of Colorado and are consistent with those presented in 2009. Council Action Form April 11, 2011 Page 4 RECOMMENDATIONS: The intent of the attached ordinance is to provide a viable option for property owners to have dumpsters on residentially zoned properties with one- and two - family dwellings. The proposed code amendment reflects current industry standards and may reduce the frequency of dumpster- related code enforcement issues. Staff recommends changing the maximum size restriction in Section 26 -614.B to allow a two cubic yard trash dumpster for one- and two - family structures in residentially zoned areas. Nc change is proposed for placement or screening requirements. Currently, Section 26 -614.0 allows residential structures on agriculturally zoned property to have one trash receptacle larger than one and one -half cubic yards. For consistency, staff had originally recommended changing this language to two cubic yards. At the February 17 Public Hearing, Planning Commission recommended approval of the proposed ordinance with the amendment that there be no changes to regulations for agriculturally zoned property. The attached ordinance reflects this amendment and makes no changes to Section 26- 614.C. RECOMMENDED MOTION: "I move to approve Council Bill No. 12 -2011 an ordinance amending Section 614 of Chapter 26 concerning residential dumpster regulations on second reading, and that it take effect 15 days after final publication." Or, "I move to postpone indefinitely Council Bill No. 12 -2011 the ordinance amending Section 614 of Chapter 26 concerning residential dumpster regulations for the following reason(s) REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Planner I Meredith Reckert, Senior Planner Ken Johnstone, Community Development Director ATTACHMENTS: 1. Council Bill No. 12 -2011 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER SANG COUNCIL BILL NO. 12 ORDINANCE NO. Series 2011 TITLE: AN ORDINANCE AMENDING SECTION 614 OF CHAPTER 26 CONCERNING RESIDENTIAL DUMPSTER REGULATIONS WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, in the exercise of that authority, the City Council wishes to amend the Wheat Ridge Code of Laws (the "Code ") with respect to trash dumpsters. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26 -614 of the Code is amended to read: Sec. 26 -614. Trash storage area screening. A. Trash storage for all existing and new multi -unit dwellings, institutional buildings, all business and industrial buildings or uses and agriculturally -zoned properties shall be accommodated within the structure, or if located outside: 1. Shall be located or screened so as not to be visible from any public streets, and; 2. Shall be screened when located within one hundred (100) feet of any one -or two- family residential structure. If screened by a fence or wall, a fence permit and site plan shall be required, and such screening shall be by a decorative wall or fence six (6) feet in height. Dumpsters and the required screening shall not be located within five (5) feet of combustible walls, openings, or combustible roof eave lines. The required screening shall be protected from damage by normal removal and replacement of the dumpster by a trash truck. Maintenance will be required if the screening is damaged and /or dilapidated, or in need of repair, and the area around the screening shall be kept free of junk and trash. B. One- and two- family residential structures in residentially zoned areas are permitted to have one trash dumpster no larger than one and one half4 . two (2) cubic yards in size and are subject to the following conditions: 1. Trash dumpsters may not be stored wholly or partially within any portion of the front setback of the lot, and; 2. Any trash dumpster shall be screened from view so not to be visible from the public right -of -way or adjacent properties. Attachment 1 If a trash dumpster is screened by a fence or wall, a fence permit and site plan shall be required. Such screening shall be by a decorative wall or fence six (6) feet in height. Dumpsters and the required screening shall not be located within five (5) feet of combustible walls, openings, or combustible roof eave lines. The required screening shall be protected from damage by normal removal and replacement of the dumpster by a trash truck. Maintenance will be required if the screening is damaged and /or dilapidated or otherwise in need of repair. The area around the dumpster and screening shall be kept free of junk and trash. C. Residential structures on agriculturally -zoned property shall be permitted to have one (1) trash dumpster. The dumpsters on such lots may be larger than one and one - half (1.5) cubic yards in size and shall meet the requirements set forth in Section 26- 614(A). D. In no instance shall trash screening for any commercial, industrial multi- family, agricultural, or other residential property be permitted to become a sight, traffic, or safety obstruction for driveways or street corners. No such screening shall displace required parking spaces, or landscaping, unless reviewed and approved by the Director of Community Development as an administrative variance after considering all reasonable alternatives. An administrative variance, to the prior sentence only, shall follow the procedures set forth in section 26 -115, but shall not be limited to the fifty (50) percent provisions thereof. E. Temporary construction dumpsters and temporary storage containers may be allowed in all zone districts at active construction projects only, and must be located on private property. If impractical to locate on private property, a right -of -way permit may be obtained from the public works department pursuant to Article III of Chapter 21 of the Wheat Ridge Code of Laws. Temporary construction dumpsters and temporary storage containers shall not be located so as to create sight, traffic, or safety obstructions. Temporary construction dumpsters and temporary storage containers must be removed within fourteen (14) days of construction completion. F. Screening is not required for dumpsters that are used by the community exclusively for the purpose of recycling. Dumpsters used for this purpose must be clearly labeled as recycling dumpsters. (Ord. No. 2001 -1215, § 1, 2- 26 -01; Ord. No. 1284, § 1, 4- 28 -03; Ord. No. 1454, § 1, 9- 28 -09) Section 3 . Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4 Severability, Conflicting Ordinances Repealed If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of the ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5 . Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 28th day of March, 2011, ordered it published with Public Hearing and consideration of final passage set for April 11th, 2011 at 7:00 p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to _, this day of 2011. - SIGNED by the Mayor on this day of 2011. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: March 31, 2011 Second Publication: Wheat Ridge Transcript: Effective Date: e L d d City of "� Wheat Fudge �1 ITEM NO: 3. DATE: March 28, 2011 r REQUEST FOR CITY COUNCIL ACTION r ✓� TITLE: COUNCIL BILL NO. 12 -2011 - AN ORDINANCE AMENDING SECTION 614 OF CHAPTER 26 CONCERNING RESIDENTIAL DUMPSTER REGULATIONS ❑ PUBLIC HEARING ® ORDINANCES FOR 1 READING (03/28/2011) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2 READING (04/11/2011) ❑ RESOLUTIONS QUASI - JUDICIAL: YES ® NO Community Develop Director City Manager ISSUE: The attached ordinance proposes an amendment to Chapter 26 of the Code of Laws to allow one trash dumpster up to two cubic yards on residentially zoned properties with one- and two - family dwellings. Currently, the zoning code allows residential properties with one- and two- family dwellings a trash receptacle no larger than one and one -half cubic yards, subject to regulations regarding screening and placement. The proposed code amendment changes the maximum allowed dumpster size to reflect current industry standards. PRIOR ACTION: Trash dumpster regulations were most recently amended in 2009 following a series of Study Sessions with City Council and Planning Commission. At that time, Section 26 -614 was reorganized and amended, allowing single and two - family dwellings in residential districts to have one trash dumpster up to one and one -half cubic yards. The attached ordinance proposes a minor revision that reflects current industry standards. At a Public Hearing on February 17, 2011, Planning Commission voted to approve recommendation of the proposed ordinance, with one amendment that is reflected in the attached ordinance. ZOA- 11 -01/ Residential Dmnpsters Council Action Form March 28, 2011 Page 2 FINANCIAL IMPACT: The proposed ordinance is not expected to have a financial impact on the City. Section 26 -614 of the Code of Laws provides for the size, screening, and placement of trash receptacles in a variety of zone districts. From 1996 to 2009, the largest allowed residential dumpster was one cubic yard. In 2005, City Council discussed policy options for dumpster regulations, but no direction was given to move forward with amendments. In 2009, in response to several code violations throughout the City, the issue of residential dumpsters was revisited. Multiple study sessions were held with City Council and Planning Commission, and direction was given to amend the language in the Code of Laws to reflect current standards. Pursuant to ZOA- 09 -04, Section 26 -614.13 currently allows single and two - family dwellings in residential districts to have one trash dumpster up to one and one -half cubic yards. One property owner in particular has been cited on multiple occasions for a non - compliant dumpster. In 2005, the property owner voiced to City Council her difficulties in keeping a code compliant dumpster. More recently, she received a code violation in August 2010 in part because the dumpster exceeded the new one and one -half cubic yard maximum. The property owner stated that dumpsters are not available in sizes of one and one -half cubic yards; the City's property inspector confirmed this statement with the trash provider. Industry Standards — Dumpster Size Wheat Ridge residents are served by multiple trash providers. In addition to providing standard trash receptacles to one- and two - family homes, refuse companies also offer dumpster service on a contractual basis. Generally, two types of dumpsters are available from local providers: front loading and open top roll -off dumpsters (see Image 1). Front load dumpsters often include lids; open top roll -off dumpsters are more commonly used on construction sites. L in . jK _.." - Table 1 identifies the smallest available dumpsters from refuse providers in the Denver Metro area. It also notes those providers that the City includes in its online resource directory under "Garbage & Recycling." Many refuse providers do not offer front load receptacles, but of those who do the smallest available dumpster is most often two cubic yards. Council Action Form March 28, 2011 Page 3 Table 1: Dunipster A%!ailabilit3- Company Name S Waste Solutions Inc. in the Denver Metro Smallest Fro I nt Load 1.5 * Arell Smallest R 011-Off 6 Oil CitN Y aste Management F 2 10 Y pine Waste & Recycling 2 15 Y Allied Waste 2 20 Y Garbagio none available 5 Sam's Hauling none available 6 Dumpster Rental Denver none available 10 Pro Disposal Inc. none available 10 Yellow Box none available 10 Affordable Rolloff none available 12 Rolloff Remedies none available 12 * When available; EDS has a limited supply of 1.5 yard dumpsters but more commonly provides 2 yard dumpsters. The information in Table 1 confirms the findings of the City's property inspector and statements made by Wheat Ridge property owners: the current industry standard for the smallest available dumpster is two cubic yards. Image 2 illustrates the dimensions of front load dumpsters. Dimensions are from Waste Management of Colorado and are consistent with those presented in 2009. Council Action Form March 28, 2011 Page 4 RECOMMENDATIONS: The intent of the attached ordinance is to provide a viable option for property owners to have dumpsters on residentially zoned properties with one- and two - family dwellings. The proposed code amendment reflects current industry standards and may reduce the frequency of dumpster- related code enforcement issues. Staff recommends changing the maximum size restriction in Section 26 -614.B to allow a two cubic yard trash dumpster for one- and two - family structures in residentially zoned areas. No change is proposed for placement or screening requirements. Currently, Section 26 -614.0 allows residential structures on agriculturally zoned property to have one trash receptacle larger than one and one -half cubic yards. For consistency, staff had originally recommended changing this language to two cubic yards. At the February 17 Public Hearing, Planning Commission recommended approval of the proposed ordinance with the amendment that there be no changes to regulations for agriculturally zoned property. The attached ordinance reflects this amendment and makes no changes to Section 26- 614.C. "I move to approve Council Bill No. 12 -2011 an ordinance amending Section 614 of Chapter 26 concerning residential dumpster regulations on first reading, order it published, public hearing set for Monday, April l V h at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication. Or, "I move to postpone indefinitely Council Bill No. 12 -2011 an ordinance amending Section 614 of Chapter 26 concerning residential dumpster regulations for the following reason(s) REPORT PREPARED/REVIEWED BY; Lauren Mikulak, Planner I Meredith Reckert, Senior Planner Ken Johnstone, Community Development Director ATTACHMENTS: 1. Council Bill No. 12 -2011 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. 12 ORDINANCE NO. Series 2011 TITLE: AN ORDINANCE AMENDING SECTION 614 OF CHAPTER 26 CONCERNING RESIDENTIAL DUMPSTER REGULATIONS WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, in the exercise of that authority, the City Council wishes to amend the Wheat Ridge Code of Laws (the "Code ") with respect to trash dumpsters. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1 . Section 26 -614 of the Code is amended to read: Sec. 26 -614. Trash storage area screening. A. Trash storage for all existing and new multi -unit dwellings, institutional buildings, all business and industrial buildings or uses and agriculturally -zoned properties shall be accommodated within the structure, or if located outside: 1. Shall be located or screened so as not to be visible from any public streets, and; 2. Shall be screened when located within one hundred (100) feet of any one -or two- family residential structure. If screened by a fence or wall, a fence permit and site plan shall be required, and such screening shall be by a decorative wall or fence six (6) feet in height. Dumpsters and the required screening shall not be located within five (5) feet of combustible walls, openings, or combustible roof eave lines. The required screening shall be protected from damage by normal removal and replacement of the dumpster by a trash truck. Maintenance will be required if the screening is damaged and /or dilapidated, or in need of repair, and the area around the screening shall be kept free of junk and trash. B. One- and two- family residential structures in residentially zoned areas are permitted to have one trash dumpster no larger than an ti 090 haif ,A t+nro (2) cubic yards in size and are subject to the following conditions: 1. Trash dumpsters may not be stored wholly or partially within any portion of the front setback of the lot, and; 2. Any trash dumpster shall be screened from view so not to be visible from the public right -of -way or adjacent properties. Attachment 1 If a trash dumpster is screened by a fence or wall, a fence permit and site plan shall be required. Such screening shall be by a decorative wall or fence six (6) feet in height. Dumpsters and the required screening shall not be located within five (5) feet of combustible walls, openings, or combustible roof eave lines. The required screening shall be protected from damage by normal removal and replacement of the dumpster by a trash truck. Maintenance will be required if the screening is damaged and /or dilapidated or otherwise in need of repair. The area around the dumpster and screening shall be kept free of junk and trash. C. Residential structures on agriculturally -zoned property shall be permitted to have one (1) trash dumpster. The dumpsters on such lots may be larger than one and one - half (1.5) cubic yards in size and shall meet the requirements set forth in Section 26- 614(A). D. In no instance shall trash screening for any commercial, industrial multi - family, agricultural, or other residential property be permitted to become a sight, traffic, or safety obstruction for driveways or street corners. No such screening shall displace required parking spaces, or landscaping, unless reviewed and approved by the Director of Community Development as an administrative variance after considering all reasonable alternatives. An administrative variance, to the prior sentence only, shall follow the procedures set forth in section 26 -115, but shall not be limited to the fifty (50) percent provisions thereof. E. Temporary construction dumpsters and temporary storage containers may be allowed in all zone districts at active construction projects only, and must be located on private property. If impractical to locate on private property, a right -of -way permit may be obtained from the public works department pursuant to Article III of Chapter 21 of the Wheat Ridge Code of Laws. Temporary construction dumpsters and temporary storage containers shall not be located so as to create sight, traffic, or safety obstructions. Temporary construction dumpsters and temporary storage containers must be removed within fourteen (14) days of construction completion. F. Screening is not required for dumpsters that are used by the community exclusively for the purpose of recycling. Dumpsters used for this purpose must be clearly labeled as recycling dumpsters. (Ord. No. 2001 - 1215, § 1, 2- 26 -01; Ord. No. 1284, § 1, 4- 28 -03; Ord. No. 1454, § 1, 9- 28 -09) Section 3 . Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4 Severability, Conflicting Ordinances Repealed If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of the ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5 . Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to on this _ day of _, 2011, ordered it published with Public Hearing and consideration of final passage set for , 2011 at 7:00 p.m., in the Council Chambers, 7500 West 29 h Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2011. SIGNED by the Mayor on this day of 2011. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript: Effective Date: avoid overspray onto pavement." Ms. Showalter stated that she will check with the Parks staff on this change also. Commissioner OHM stated that the manual is well done. Commissioner MATTHEWS noted that page 47 shows serviceberry shrubs as high water use and page 52 shows them as low water use. Ms. Showalter explained that the first reference is from the Garden Centers of Colorado. The second reference is from the Parks department. She will research to determine which one is correct. There were no members of the public present to address the Commission. The public hearing was closed. It was moved by Commissioner DWYER and seconded by Commissioner OHM to recommend approval of the proposed ordinance amending Chapter 26 pertaining to adoption of the Streetscape Design Manual with the following amendments: 1. Strike the following language on page 28: "tree grate openings shall be no more than' /4 inch in width" and replace with the following language: "tree grate openings shall comply with ADA regulations." The motion carried 6 -0 with Commissioners BRINKMAN and TIMMS absent. C. Case No. ZOA- 11 -01: An ordinance amending Chapter 26 concerning residential dumpster regulations. This case was presented by Lauren Mikulak. She entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. She reviewed the staff report and digital presentation. The proposed code amendment changes the maximum allowed dumpster size to reflect current industry standards. Commissioner DWYER commented that it didn't seem necessary to change the 1.5 cubic yard requirement for residential structures on agriculturally zoned properties because 1.5 is still a viable option. It was moved by Commissioner BUCKNAM and seconded by Commissioner DYWER to approve the proposed ordinance amending Section 614 of Chapter 26 concerning residential dumpster regulations. With the following amendment: Planning Commission Minutes 6 February 17, 2011 1. Regarding residential structures on agriculturally zoned properties, do not change the existing language in the code. The motion carried 6 -0 with Commissioners BRINKMAN and TIMMS absent. 8. OTHER ITEMS • 38 Avenue Corridor Plan Meetings — Sarah Showalter reported that the first stakeholder committee meeting will be held on March 10, 2011. The first public meeting will be held at 6:30 p.m. on March 15, 2011 at Wheat Ridge Middle School. Wheat Ridge Retail Road Show — Ken Johnstone reported that the Alliance Subcommittee of the International Council of Shopping Centers will bring a panel of experts to the City of Wheat Ridge to give their assessments about Wheat Ridge from a retailer /developer perspective. This panel will be held for public and private sector representatives at city hall on Wednesday, February 23, at 5:30 p.m. 9. ADJOURNMENT Prior to making his last motion as a member of the Planning Commission, Commissioner DWYER stated that it was a pleasure to work with fellow Commission members and he was pleased with the direction Wheat Ridge is taking. It was moved by Commissioner DWYER and seconded by Commissioner POND to adjourn the meeting at 8:53 p.m. The motion carried 6 -0. Richard Matthews, Chair Ann Lazzeri, Secretary Planning Commission Minutes 7 February 17, 2011 PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE PLANNING COMMISSION February 17, 2011 Case No. ZOA -11 -01 —An ordinance amending Chapter 26 concerning residential dumpster regulations Name Address In favor /Opposed 1 c - o H _ 0 3 *' 0 Mo aj ao N 0 L C p H E m ci 0 on C 4 � � a N N = Dl N .y ti 1 N H _ 0 3 *' 0 ao Q1 0 L C p H E m ci 0 on C 4 � � a = Dl N u ( ? 2 z /� c - e e e ® . o������] CL to ? \. a \ �- _ Cit of PLANNING COMMISSION Wheat P, LEGISLATIVE ITEM STAFF REPORT COMMUNny DEVELOPMENT MEETINGDATE: February17,2011 TITLE: AN ORDINANCE AMENDING SECTION 614 OF CHAPTER 26 CONCERNING RESIDENTIAL DUMPSTER REGULATIONS CASE NO. ZOA -11 -01 M PUBLIC HEARING M CODE CHANGE ORDINANCE Case Manager: Lauren Mikulak Date of Preparation: February 9, 2011 SUMMARY: The attached ordinance proposes an amendment to the Code of Laws to allow one (1) trash dumpster up to two (2) cubic yards on residentially zoned properties with one- and two- family dwellings. Currently, the zoning code allows residential properties with one- and two- family dwellings a trash receptacle no larger than one and one -half (1.5) cubic yards, subject to regulations regarding screening and placement. The proposed code amendment changes the maximum allowed dumpster size to reflect current industry standards. Notice for this public hearing was provided as required by the Code of Laws. ZOA- 11 -01/ Residential Dumpsters BACKGROUND Section 26 -614 of the Code of Laws provides for the size, screening, and placement of trash receptacles in a variety of zone districts. This section of code was reorganized and amended in September 2009 pursuant to approval of Case No. ZOA- 09 -04. The attached ordinance proposes a minor revision that responds to a long history of code violations and reflects current industry standards. History From 1996 to 2009, the largest allowed residential dumpster was one (1) cubic yard. In 2005, City Council discussed policy options for dumpster regulations, but no direction was given to move forward with amendments. In 2009, in response to several code violations throughout the City, the issue of residential dumpsters was revisited. Multiple study sessions were held with City Council and Planning Commission, and direction was given to amend the language in the Code of Laws to reflect current standards. Pursuant to ZOA- 09 -04, Section 26 -614.13 currently allows single and two - family dwellings in residential districts to have one (1) trash dumpster up to one and one -half (1.5) cubic yards. One property owner in particular has repeatedly been cited for a non - compliant dumpster. In 2005, the property owner voiced to City Council her difficulties in keeping a code compliant dumpster. More recently, she received a code violation in August 2010 in part because the dumpster onsite exceeded the new 1.5 cubic yard maximum. The property owner stated that dumpsters are not available in sizes of one and one -half (1.5) cubic yards; the City's property inspector confirmed this statement with the trash provider. Industry Standards — Dumpster Size Wheat Ridge residents are served by multiple trash providers. In addition to providing standard trash receptacles to one- and two- family homes, refuse companies also offer dumpster service on a contractual basis. Generally, two types of dumpsters are available from local providers: front loading and open top roll -off dumpsters (see Image 1). Front load dumpsters often include lids; open top roll -off dumpsters are more commonly used on construction sites. Data from refuse providers in the Denver Metro area shows that two (2) cubic yards is the smallest industry standard for front load dumpsters. Table 1 identifies the smallest available dumpsters from local providers. It also notes those providers that the City includes in its online resource directory under "Garbage & Recycling." ZOA- 11 -01/ Residential Dumpsters Dumpster Table 1: Company Name EDS Waste Solutions Inc. Smallest Front Load (in cubic yards) 1.5 * Smallest Roll-off (in cubic yards) 6 Website Y Waste Management 2 10 Y Alpine Waste & Recycling 2 15 Y Allied Waste 2 20 Y Garbagio none available 5 Sam's Hauling none available 6 Dumpster Rental Denver none available 10 Pro Disposal Inc. none available 10 Yellow Box none available 10 Affordable Rolloff none available 12 Rolloff Remedies none available 12 * When available; EDS has a limited supply of 1.5 yard dumpsters and more commonly provides 2 yard dumpsters. The information in Table 1 confirms the findings of the City's property inspector and statements made by Wheat Ridge property owners. Many refuse providers do not offer front load receptacles, but of those who do the current industry standard for the smallest available dumpster is two (2) cubic yards. Image 2 illustrates the dimensions of this and other front load dumpsters. RATIONALE FOR AMENDMENT ZOA- 11 -01/ Residential Dumpsters Dumpster dimensions are from Waste Management of Colorado and are consistent with those presented as part of Case No. ZOA- 09 -04. The intent of the attached ordinance is to provide a viable option for property owners to have dumpsters on residentially zoned properties with one- and two- family dwellings. The proposed code amendment changes the maximum allowable dumpster size to reflect current industry standards, which may reduce the frequency of dumpster - related code enforcement issues. The proposed regulation amends the size restrictions in Section 26- 614.13: • Maximum size: 2 cubic yard trash dumpster for one - and two- residential structures in residentially zoned areas Currently, Section 26 -614.0 allows residential structures on agriculturally -zoned property to have one (1) trash receptacle larger than one and one -half (1.5) cubic yards. For consistency, the proposed ordinance allows receptacles larger than two (2) cubic yards on these properties. The existing ordinance prohibits residential dumpsters in the front setback and requires all dumpsters to be screened from view from any public street and from any adjacent properties. No change is proposed for these placement and screening requirements. New language in the proposed ordinance is bold and highlighted. Deleted language is strike - through and highlighted. RECOMMENDED MOTION: "I move to recommend approval of the proposed ordinance amending Section 614 of Chapter 26 concerning residential dumpster regulations." Exhibits: 1. Proposed Ordinance ZOA- 11 -01/ Residential Dumpsters EXHIBIT 1: PROPOSED ORDINANCE CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. _ ORDINANCE NO. Series 2011 TITLE: AN ORDINANCE AMENDING SECTION 614 OF CHAPTER 26 CONCERNING RESIDENTIAL DUMPSTER REGULATIONS WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, in the exercise of that authority, the City Council wishes to amend the Wheat Ridge Code of Laws (the "Code ") with respect to trash dumpsters. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1 . Section 26 -614 of the Code is amended to read: Sec. 26 -614. Trash storage area screening. A. Trash storage for all existing and new multi -unit dwellings, institutional buildings, all business and industrial buildings or uses and agriculturally -zoned properties shall be accommodated within the structure, or if located outside: 1. Shall be located or screened so as not to be visible from any public streets, and; 2. Shall be screened when located within one hundred (100) feet of any one -or two- family residential structure. If screened by a fence or wall, a fence permit and site plan shall be required, and such screening shall be by a decorative wall or fence six (6) feet in height. Dumpsters and the required screening shall not be located within five (5) feet of combustible walls, openings, or combustible roof eave lines. The required screening shall be protected from damage by normal removal and replacement of the dumpster by a trash truck. Maintenance will be required if the screening is damaged and /or dilapidated, or in need of repair, and the area around the screening shall be kept free of junk and trash. B. One- and two- family residential structures in residentially zoned areas are permitted to have one trash dumpster no larger than ene aFA'gne-".'`T`" two (2) cubic yards in size and are subject to the following conditions: 1. Trash dumpsters may not be stored wholly or partially within any portion of ZOA- 11 -01/ Residential Dumpsters the front setback of the lot, and; 2. Any trash dumpster shall be screened from view so not to be visible from the public right -of -way or adjacent properties. If a trash dumpster is screened by a fence or wall, a fence permit and site plan shall be required. Such screening shall be by a decorative wall or fence six (6) feet in height. Dumpsters and the required screening shall not be located within five (5) feet of combustible walls, openings, or combustible roof eave lines. The required screening shall be protected from damage by normal removal and replacement of the dumpster by a trash truck. Maintenance will be required if the screening is damaged and /or dilapidated or otherwise in need of repair. The area around the dumpster and screening shall be kept free of junk and trash. C. Residential structures on agriculturally -zoned property shall be permitted to have one (1) trash dumpster. The dumpsters on such lots may be larger than .e - ha two (2) cubic yards in size and shall meet the requirements set forth in Section 26- 614(A). D. In no instance shall trash screening for any commercial, industrial multi - family, agricultural, or other residential property be permitted to become a sight, traffic, or safety obstruction for driveways or street corners. No such screening shall displace required parking spaces, or landscaping, unless reviewed and approved by the Director of Community Development as an administrative variance after considering all reasonable alternatives. An administrative variance, to the prior sentence only, shall follow the procedures set forth in section 26 -115, but shall not be limited to the fifty (50) percent provisions thereof. E. Temporary construction dumpsters and temporary storage containers may be allowed in all zone districts at active construction projects only, and must be located on private property. If impractical to locate on private property, a right -of -way permit may be obtained from the public works department pursuant to Article III of Chapter 21 of the Wheat Ridge Code of Laws. Temporary construction dumpsters and temporary storage containers shall not be located so as to create sight, traffic, or safety obstructions. Temporary construction dumpsters and temporary storage containers must be removed within fourteen (14) days of construction completion. F. Screening is not required for dumpsters that are used by the community exclusively for the purpose of recycling. Dumpsters used for this purpose must be clearly labeled as recycling dumpsters. (Ord. No. 2001 -1215, § 1, 2- 26 -01; Ord. No. 1284, § 1, 4- 28 -03; Ord. No. 1454, § 1, 9- 28 -09) Section 3 . Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection ZOA- 11 -01/ Residential Dumpsters f of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4 Severability, Conflicting Ordinances Repealed If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of the ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5 . Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to on this _ day of _, 2011, ordered it published with Public Hearing and consideration of final passage set for , 2011 at 7:00 p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2011. SIGNED by the Mayor on this day of 1 2011. Jerry DiTullio, Mayor r_Y41111r *11111 Michael Snow, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript: Effective Date: ZOA- 11 -01/ Residential Dumpsters CITY OF WHEAT RIDGE NOTICE OF PUBLIC HEARING BEFORE PLANNING COMMISSION ON PROPOSED ZONING CODE AMENDMENTS NOTICE IS HEREBY GIVEN that the Wheat Ridge Planning Commission will conduct a Public Hearing on February 17, 2011, at 7:00 p.m. in the City Council Chambers, Municipal Building at 7500 West 29` Avenue, Wheat Ridge, Colorado, to consider the following cases: 1) Case No. ZOA- 09 -06, amendments to Chapter 26, Zoning & Development Code, concerning medical marijuana dispensaries; 2) Case No. ZOA- 10 -05, amendments to Chapter 26, Zoning & Development Code, pertaining to the adoption of the streetscape design manual; and 3) Case No. ZOA- 11 -01, amendments to Chapter 26, Zoning & Development Code, concerning residential dumpster regulations. All interested citizens are invited to speak at the Public Hearing or submit written comments. The proposed ordinances are available in electronic form on the City's official website, www.ci.wheatridge.co.us Legal Notices. Copies are also available in printed form in the Community Development Department. Published: Wheat Ridge Transcript, February 10, 2011 A City of Wheat 'ge COMMUNITY DEVELOPMENT Memorandum TO: Ken Johnstone, Community Development Director Meredith Reckert, Senior Planner Sarah Showalter, Planner II FROM: Lauren Mikulak, Planner I DATE: December 21, 2010 SUBJECT: Residential Dumpster Regulations According to Section 26 -614 of the Municipal Code, one- and two- family residential structures in residentially zoned areas are permitted to have one (1) trash dumpster no larger than one and one -half (1.5) cubic yards in size. A citizen has brought to the City's attention that this restriction may be unreasonable because of the limited availability of 1.5 cubic yard dumpsters. Please find attached information regarding the size and availability of dumpsters in the Denver Metro area. Please note, that there are generally two types of dumpsters available from local providers: front loading and open top roll -off dumpsters. The smallest sizes of each type are listed in the attached table. Also attached is an exhibit that illustrates the common dimensions for front loading dumpsters. Given the limited availability of one and one -half (1.5) cubic yard dumpsters, I recommend that the code be amended such that one- and two- family residential structures in residentially zoned areas are permitted to have up to one (1) trash dumpster no larger than two (2) cubic yards in size. There are generally two types of dumpsters available from local providers for private lots: front loading and open top roll -off dumpsters (see Images 1 and 2). Front load dumpsters often —but not always — include lids. Image 1: Front Load Dumpster Table 1 identifies the smallest available dumpsters (by type) from local providers. The City's website includes a resource directory for services available to Wheat Ridge citizens. Table I notes those providers that are included in the City's online "Garbage & Recycling" directory. Table 2 on the following page illustrates the common dimensions for front load dumpsters. Table 1: DmmDster Availabilitv Company EDS Waste Solutions Inc. Smallest Front Load 1.5 yard* Smallest Roll-off 6 yard Oil City websit Y Waste Management 2 yard 10 yard Y Alpine Waste & Recycling 2 yard 15 yard Y Allied Waste 2 yard 20 yard Y , , . Garbagio . ..... none available ,., ailable 5 y... and Sam's Hauling none available 6 yard Dumpster Rental Denver none available 10 yard Pro Disposal Inc. none available 10 yard Yellow Box none available 10 yard Affordable Rolloff none available 12 yard Rolloff Remedies none available 12 yard * When available —EDS has a limited supply of 1.5 yard dumpsters, but they do offer 2 yard dumpsters. Image 2: Open Top Roll -off Dumpster \' \.: \ R \ \\ 2Cub Yard - Front Load Container « M \ \ \ 4 Cubic Gm- Front Load Container 6 Cub Yard - Front Load Container ■ 8 ru m- Front Load D.;. City of " Wheatd LAND USE APPLICATION FORM � - �.Oh1�11ti.N In' DF.VE[:OP�41FhT I Case No. L0JA1101 _Date Received 1l41201� Related Cases ZOA0904 ]Case Planner -- — -- L ikulak _ - Case Description Amend Chapter 26 pertaining to the maximurisize of residential dumpsters allowed n I �-.--- -- - ----- -- --- -- v! —. —_� -- I --------------------------- A mmr om Name City of Wheat Ridge Name C Phone Address L City State L Zip Orvr�er/n/omratimr� Name Name Phone Address City [ 1 State I Zip — — J --- —. Ccmtact tn�o»mafkr� Name Name Phone Address f J city r— -- _ -� State -- Zip j P.oyyect In m•.wa&W Address Street City State ICO Zi j r Location Description Citywide Project Name J Parcel No. j Qtr Section: -' District No.: Res.�srs Pre -App Date �- Neighborhood Meeting Date App No: i Review Type Review Body Review Date Disposition. Comments i Report IPublic HeaI v PC v - 2117/2011 Fir Reading v CC v (�312 v El - - L blic Hearing C _ - -- ... - ._._.._— . -- - _--- - - -- -i El