Loading...
HomeMy WebLinkAboutZOA-09-04S e ' SI City of Wheatdge COMMUNITY DEVELOPMENT Memorandum TO: ZOA-09-04 Case File FROM: Adam Tietz DATE: October 5, 2009 SUBJECT: ZOA-09-04 Case closure Case Number ZOA-09-04, an ordinance amending section 26-614 of the Wheat Ridge Code of Laws was approved by the City Council, 7-0, on September 28, 2009. This memo shall serve as closure to Case No. ZOA-09-04. CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER SANG Council Bill No. 25 Ordinance No. 1454 Series of 2009 TITLE: AN ORDINANCE AMENDING SECTION 26-614 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING TRASH DUMPSTER REGULATIONS (CASE NO. ZOA-09-04) WHEREAS, the City Council of the City of Wheat Ridge is authorized by Home Rule Charter and the Colorado Constitution and statues to enact and enforce ordinances for the preservation of 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 Wheat Ridge City Council as follows: Section 1. Section 26-614 of the Code is amended to read: Section 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-half (1.5) 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 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. Section 2. Safety Clause The City of Wheat Ridge 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 3. Severabilitv If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 5. This Ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 tot on this 14th day of September, 2009, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for Monday, September 28, 2009, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 7 to 0 , this 28th day of September , 2009. SIGNED by the Mayor on this 28th day of September 2009. ATTEST: Michael Snow, City Clerk Approved as to form by City Attorney 9, 6W Gerald Dahl, City Attorney 1st publication: September 17, 2009 2nd publication: October 1, 2009 Wheat Ridge Transcript Effective Date: October 16, 2009 CITY COUNCIL MINUTES: September 28, 2009 Page -3- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill 25-2009 -An Ordinance amending Article VI of Chapter 26 of the r, Wheat Ridge Code of Laws concerning Trash Dumpster Regulations. (Case No. ZOA-09-04) Mayor DiTullio opened the public hearing. Council Bill 25-2009 was introduced on second reading by Council Member Sang, who read the executive summary. Deputy City Clerk Christa Jones assigned Ordinance No. 1454. Adam Tietz, Community Development Department, presented the staff report. Mayor DiTullio closed the public hearing. Motion by Mrs. Sang to approve Council Bill 25-2009 (Ordinance 1454) on second reading and that it take effect 15 days after final publication; seconded by Mr. Gokey; carried 7-0. 3. Council Bill 26-2009 -An Ordinance repealing and reenacting Section 26-501 of the Wheat Ridge Code of Laws concerning Off-Street Parking and Loading. (Case No. ZOA-09-03) Mayor DiTullio opened the public hearing. Council Bill 26-2009 was introduced on second reading by Council Member Sang. Deputy City Clerk Christa Jones assigned Ordinance No. 1455. Kenneth Johnstone presented the staff report. John McMillin, heard good, progressive things pertaining to commercial parking, but didn't hear any discussion about residential parking. Will the new rules require paving of driveways within a grandfathered construction? Mr. Johnstone replied that existing residential driveways are exempt from this requirement. If somebody builds a new garage, they would need to meet the current standard for a driveways, which is the first 25 feet in from the street would need to be asphalt, concrete, or brick pavers and the remainder of the driveway could be more of a gravel material. Mayor DiTullio closed the public hearing. ~,r~rr r. ~w E% d 4 I wD 3o ((D ~ Q N Q Q = [D fD N C: n T C: ~ N DL Is m FD N N a• m I (D 3 O 3 N r+ N C0 G 0- I N ~ (D ~ N (D 0- = m (D M r+ -S - p ,i cu 3 -1 < N fDn o cli (D N O0 -IN fD Q r+ 0- fD I . n < v I I ~ a . c a ~ 3 N _ O (D r rr N ~ 010 G m CD ~ O ~ r~r Ln O = r+ v S (D 'O O (D Q V) (D n rt 0 N 01 .p r.+ O "•S O*q fD D a) r) c PT'f N CD rf~ O LA • r r w co O ~ O ~ fD (D fD fD ~3 ~N fD`N° (Do O n N O O CD r-r ('D N O ~cr N (D w ~ aq fD fD cr O n 0 cv r 3 N' -a fD s N CD Un N CD . N C D U) I m fD !D o z ~ tl4 m A ° C ° o c ti y 0 a N, 0 v w C r° 0 0 ° rn y ~ n 0 o m 0 Q, 0 ,0 o w N n CL C C i v a ' CD " o M ~ o m 0 0 C `D rD `V Q -0 3 Ln C r+ Q aq • -0 r D f-+ T r+ mo . , V _ I , N n -1 Q r+ rD C+ Q rh Q aq :3 ~q CD Q -h 0 3 N fD QL V MMS O O CL O n r) O *Q City of WheatR:jLdge ITEM NO: -02 2 REQUEST FOR CITY COUNCIL ACTION 7-0 COUNCIL MEETING DATE: September 28, 2009 TITLE: COUNCIL BILL NO. 2 - - AN ORDINANCE AMENDING SECTION 26-614 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING TRASH DUMPSTER REGULATIONS - (CASE #ZOA-09-04) ❑ ORDINANCES FOR 1sT READING (09/14/09) ® ORDINANCES FOR 2ND READING (09/28/09) ® NO I~VC.sJ r`Cp City Man er EXECUTIVE SUMMARY: In January, City Council directed staff to study the current regulation in the Code of Laws that limits the size of waste containers on single and two-family properties. The laws regulating trash receptacles are contained within the City of Wheat Ridge Code of Laws Chapter 26, Section 26-614. The standards include the permitted size, screening requirements and storage locations of trash receptacles. The proposed code amendment would modify the portion of Section 26-614 that regulates trash receptacle size on residentially zoned lots, allowing for slightly larger dumpsters. The ordinance, if approved, would also make changes to the location and screening requirements for trash receptacles on agriculturally and residentially zoned lots. The ordinance has been previously discussed at City Council study sessions on April 20 and July 20 of 2009. COMMISSION/BOARD RECOMMENDATION: The ordinance proposes amendments to Chapter 26 of the Wheat Ridge Code of Laws. All changes to Chapter 26 required review and a recommendation from the Planning Commission. A public hearing on this amendment was heard before the Planning Commission on Thursday, August 6, 2009. Planning Commission recommended approval of the attached ordinance. There were no persons in attendance to give testimony regarding the proposed changes. ® PUBLIC HEARING ❑ BIDS/MOTIONS ❑ RESOLUTIONS Council Action Item September 28, 2009 Page 2 STATEMENT OF THE ISSUES: Section 26-614.C does not allow single and two-family dwelling units to have any trash receptacle over 1 cubic yard in size but it is a development standard to which a variance can be granted to allow for a larger receptacle. Single family homes on agriculturally zoned property, as well as co erly and industrially zoned land, are allowed to have dumpsters larger than 1 cubic yard in or _e ~ accommodate time trash that the uses in these zone districts produce. Dumpsters on co erctal, in multi-fa" .property are also required to be screened from view by a six foot wall or fence be see~'from the public right-of-way or residential properties within a 100 foot radius. Th e egulations-have been in place since 1?96. Y There are currently residentially °zoned, properties in the'City that are in violation of this code section. This has led to code enforcement on those-'properties and subsequent resistance to comply or apply for a variance. Concerns have been raised that trash receptacles larger than 1 cubic yard are needed for the following reasons: • Large lots produce larger amounts of waste therefore they should be allowed trash receptacles that can accommodate the waste produced. • Two-family dwelling units and multiple, single family units on a single lot produce more trash than a typical single family home whose contents many times cannot fit into a 1 cubic yard container. • Refuse companies typically do not offer trash receptacles less than 1.5 cubic yards for home trash service. • Larger families produce more trash • One larger receptacle is easier to maintain than several standard trash cans. The proposed new code language is presented in bold. Deleted language is presented in sL-ikedffeugh. The new language in the amended code section proposes to: • Increase the size of dumpsters allowed on residential properties from 1 cubic yard to 1.5 cubic yards; • Restrict dumpsters from being stored within the front yard setback on residentially zoned property; • Require dumpsters any on residentially zoned property to be screened from the public right- of-way and adjacent properties; and • Allow residential properties on agriculturally zoned lots to have 1 dumpster of any size, but they must meet screening requirements. ALTERNATIVES CONSIDERED: Several alternatives to the proposed amendment were considered. They included: • No changes to the current standards in the Code of Laws that regulate trash receptacles. • Removing all restrictions regarding trash receptacles on residential property. • Developing trash receptacle size regulations proportional to the area of the lot on which it is located. Council Action Item September 28, 2009 Page 3 Developing size restrictions for trash receptacles located on lots that only contain single family dwelling units. FINANCIAL IMPACT: There will be no significant financial impact as a result of the new legislation. RECOMMENDED MOTION: "I move to approve Council Bill No. 25-2009, Case #ZOA-09-04, an ordinance amending Section 26- 614 of the Wheat Ridge Code of Laws concerning residential dumpster regulations, on second reading, and that it take effect 15 days after publication. Or, "I move to table indefinitely Council Bill No. 25-2009, Case #ZOA-09-04, an ordinance amending Section 26-614 of the Wheat Ridge Code of Laws concerning residential dumpster regulations." Report Prepared by: Adam Tietz, Planner Report Reviewed by: Meredith Reckert, Senior Planner Kenneth Johnstone, Director of Community Development ATTACHMENTS: 1. Council Bill No. 25-2009 (redline) 2. Council Bill No. 25-2009 (clean) CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER SANG Council Bill No. 25 Ordinance No. _ Series of 2009 TITLE: AN ORDINANCE AMENDING SECTION 26-614 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING TRASH DUMPSTER REGULATIONS (CASE NO. ZOA-09-04) WHEREAS, the City Council of the City of Wheat Ridge is authorized by Home Rule Charter and the Colorado Constitution and statues to enact and enforce ordinances for the preservation of 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 Wheat Ridge City Council as follows: Section 1. Section 26-614 of the Code is amended to read: Section 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. 1160 One- and two family residential structures in residentially zoned areas are permitted to have E' trash dum ster no larger than one f#rt'4JR, (1g5) cubic yard in size~~~j .#o ottfi( _ ~ Y4 `e ~r fro .,fir-1?aY,~r 11 t a~~a A TT A CHMF.NT 1 no instance shall trash f~as~)t~'~detfl 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 ffil percent provisions thereof. 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. 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. Section 2. Safety Clause The City of Wheat Ridge 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. Residential structures on tariculturall -zoned propert shall be permitted to hag, s dumpste lar er than one - 1 cubic yard in size Q Section 3. Severability If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 5. This Ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 toi on this 14th day of September, 2009; ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for Monday, September 28, 2009, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2009. SIGNED by the Mayor on this day of 2009. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved as to form by City Attorney Gerald Dahl, City Attorney 1st publication: September 17, 2009 2nd publication: Wheat Ridge Transcript Effective Date: 3 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER SANG Council Bill No. 25 Ordinance No. Series of 2009 TITLE: AN ORDINANCE AMENDING SECTION 26-614 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING TRASH DUMPSTER REGULATIONS (CASE NO. ZOA-09-04) WHEREAS, the City Council of the City of Wheat Ridge is authorized by Home Rule Charter and the Colorado Constitution and statues to enact and enforce ordinances for the preservation of 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 Wheat Ridge City Council as follows: Section 1. Section 26-614 of the Code is amended to read: Section 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-half (1.5) 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, 1 ATTACHMENT 2 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 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. Section 2. Safety Clause The City of Wheat Ridge 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 3. Severabilitv If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be 2 adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 5. This Ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 tot on this 14th day of September, 2009, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for Monday, September 28, 2009, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2009. SIGNED by the Mayor on this day of 2009. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved as to form by City Attorney Gerald Dahl, City Attorney 1st publication: September 17, 2009 2nd publication: Wheat Ridge Transcript Effective Date: City of AeA WheatWidge REQUEST FOR CITY COUNCIL ACTION o - COUNCIL MEETING DATE: September 14, 2009 ITEM NO: TITLE: COUNCIL BILL NO. 25-2009 - AN ORDINANCE REPEALING AND RE-ENACTING SECTION VI OF CHAPTER 26 CONCERNING (ZOA-09-04) ❑ PUBLIC HEARING ❑ BIDS/MOTIONS ❑ RESOLUTIONS Quasi-judicial: ® NO ~Cs~x`eP City Mana r EXECUTIVE SUMMARY: In January, staff was directed by City Council to study the current regulation in the Code of Laws that limits the size of waste containers on single and two-family properties. The laws regulating trash receptacles are contained within the City of Wheat Ridge Code of Laws Chapter 26, Section 26-614. The standards include the permitted size, screening requirements and storage locations of trash receptacles. This code amendment will primarily modify the portion of Section 26-614 that regulates trash receptacle size on residentially zoned lots. The amendment will also make changes to the location and screening requirements for trash receptacles on agriculturally and residentially zoned lots. A study session with City Council was held on April 20, 2009 to present options for amending the code. On July 20, 2009 a joint study session with Planning Commission and City Council was held where a detailed analysis of each option was presented and a request for policy direction was requested by staff on the matter of residential dumpsters. The ordinance proposes amendments to Chapter 26 of the Wheat Ridge Code of Laws. All changes to Chapter 26 required review and a recommendation from the Planning Commission. A public hearing on this amendment was heard before the Planning Commission on Thursday, August 6, 2009. Planning Commission recommended approval of the attached ordinance. There were no persons in attendance to TRASH DUMPSTER REGULATIONS ® ORDINANCES FOR 11T READING (09/14/09) ❑ ORDINANCES FOR 2ND READING (09/28/09) Council Action Item September 14, 2009 Page 2 give testimony regarding the proposed modifications. STATEMENT OF THE ISSUES: Section 26-614.C does not allow single and two-family dwelling units to have any trash receptacle over 1 cubic yard in size but it is a development standard to which a variance can be granted to allow for a larger receptacle. Single family homes and on agriculturally zoned property, as well as commercially and industrially zoned land, are allowed to have dumpsters larger than 1 cubic yard in order to accommodate the trash that the uses in these zone districts produce. Dumpsters on commercial and industrial zoned land are also required to be screened from view by a six foot wall or fence so not to be seen from the public right-of-way or residential properties within a 100 foot radius. These regulations have been in place since 1996. There are currently residentially zoned properties in the City that are in violation of this code section. This has led to code enforcement on those properties and subsequent resistance to comply or apply for a variance. Concerns have been raised that trash receptacles larger than 1 cubic yard are needed for the following reasons: • Large lots produce larger amounts of waste therefore they should be allowed trash receptacles that can accommodate the waste produced. • Two-family dwelling units and multiple, single family units on a single lot produce more trash than a typical single family home whose contents many times cannot fit into a 1 cubic yard container. • Refuse companies typically do not offer trash receptacles less than 1.5 cubic yards for home trash service. • Larger families produce more trash • One larger receptacle is easier to maintain than several standard trash cans. The proposed new code language is presented in bold. Deleted language is presented in strike9wea . The new language in the amended code section proposes to: • Increase the size of dumpsters allowed on residential properties from 1 cubic yard to 1.5 cubic yards. • Restrict dumpsters from being stored within the front yard setback on residentially zoned property. • Require dumpsters any on residentially zoned property to be screened from the public right-of- way and adjacent properties. • Allows residential properties on agriculturally zoned lots to have 1 dumpster of any size but it must meet the same screening requirements as commercial and industrial zoned properties. ALTERNATIVES CONSIDERED: Several alternatives to the proposed amendment were considered. They included: • No changes to the current standards in the Code of Laws that regulate trash receptacles. • Removing all restrictions regarding trash receptacles on residential property. Council Action Item September 14, 2009 Page 3 • Developing trash receptacle size regulations proportional to the area of the lot on which it is located. • Developing size restrictions for trash receptacles located on lots that only contain single family dwelling units. FINANCIAL IMPACT: There will be no significant financial impact as a result of the new legislation. RECOMMENDED MOTION: "I move to adopt Council Bill No. 25-2009, Case #ZOA-09-04, an ordinance amending Article VI of Chapter 26 of the Code of Laws concerning residential dumpster regulations, on first reading, and order published, public hearing, set for Monday, September 28, 2009 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after publication fa-r +e . Or, "I move to table indefinitely Council Bill No.25-2009, Case #ZOA-09-04, an ordinance amending Article VI of Chapter 26 of the Code of Laws concerning residential dumpster regulations, for the following reasons: " Report Prepared by: Adam Tietz, Planner Report Reviewed by: Meredith Reckert, Senior Planner Kenneth Johnstone, Director of Community Development ATTACHMENTS: 1. Council Bill No.25-2009 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL Council Bill No. 25 Ordinance No. Series of 2009 TITLE: AN ORDINANCE REPEALING AND RE-ENACTING SECTION VI OF THE WHEAT RIDGE CODE OF LAWS CONCERNING TRASH DUMPSTER REGULATIONS (CASE NO. ZOA-09-04) WHEREAS, the City Council of the City of Wheat Ridge is authorized by Home Rule Charter and the Colorado Constitution and statues to enact and enforce ordinances for the preservation of 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 Wheat Ridge City Council as follows: Section 1. Section 26-614 of the Code is amended to read: Section 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-half (1.5) cubic yards in size,and,are, subject to the fopowing conditions:; ATTACHMENT 1 :ened from view so' not to be visible C Residential structures on one trash dumpsters': The d half (15) cubic yards in size 26-614(A) shall be permitted to have be laraer than one and one- D.8 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 ten-(10) fifty (50) percent provisions thereof. E9 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. Section 2. Safety Clause The City of Wheat Ridge 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 3. Severability If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 5. This Ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this _ day of 2009, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 2009, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of '12009. SIGNED by the Mayor on this day of 2009. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved as to form by City Attorney Gerald Dahl, City Attorney 1st publication: 2nd publication: Wheat Ridge Transcript Effective Date: There was no one present to address the Commission. 7. PUBLIC HEARING A. Case No. ZOA-09-04: An ordinance amending Chapter 26 pertaining to residential dumpsters. This case was presented by Adam Tietz. He entered all pertinent documents into the record and reviewed the staff report and digital presentation. The proposed ordinance relates to size, screening and storage locations of dumpsters for single and two-family dwelling units. The ordinance represents the general consensus reached by City Council during two different study sessions. Commissioner BRINKMAN suggested that these changes to the code be published in the Wheat Ridge Connections. There were no members of the public present. Chair REINHART closed the public hearing. It was moved by Commissioner HOLLENDER and seconded by Commissioner BRINKMAN to recommend approval of an ordinance L amending Section 26-614 of the Wheat Ridge Code of Laws concerning residential trash dumpster regulations (Case No. ZOA-09-04.) The motion carried 6-0 with Commissioners CHILVERS and TIMMS absent. 8. NEW BUSINESS A. Resolution 02-2009, finding a proposed redevelopment plan for the Interstate 70 Corridor between 32"" Avenue and Kipling Street and the Kipling Corridor between Interstate 70 and 26th Avenue is in conformance with the Wheat Ridge Comprehensive Plan. This item was presented by Sally Payne. She reviewed the processes which led to development of the I-70/Kipling Corridors Urban Renewal Plan. She presented an overview of the Plan which was prepared by Leland Consulting Group. Staff reviewed the Plan and believes it to be in conformance with the 2000 City of Wheat Ridge Comprehensive Plan. The Plan review also considered conformance with the Envision Wheat Ridge Comprehensive Plan Update project that is nearing completion to ensure consistency of the document. Planning Commission is charged with making a determination of the Urban Renewal Plan's conformance with the Comprehensive Plan. Commissioner BRINKMAN noted that there were inconsistencies in the report. Page 19 lists a blight factor not listed on page 13. Page 13 also states that defective or unusual conditions of title rendering the title non-marketable, Planning Commission Minutes 2 August 6, 2009 RUE , w. 70 t/1 CD D ~ ~ D N 3 O m O 3 r* a 3• (D Op l0 cn • 7p o cp 0 u n N v OQ D cn' r+ r+ W • C N N O O-q [D N a) 0- 3 o fD cn n (D r+ f 7 '-S CD ~ N CD Q -0 1 O rt FD' r+ 3 0 1 a~ 3 r+ N ~C C CL N n cr n' v N r+ C7' rt N m M (D fD = CL O r+ 3 fD r, fD N fD 0 -Is m . (D QL cr fD 0 n r-r N N N r~-h O Oq D (D v N O'Q n c 'S r+ V M e-I- . • O r r 3 3 v O O fD fD (D fD ~3 ~N rD N m ~ rD • N O O (DD r-t fD N o rr r+ ~ N ~ o~ fD can ~ ~ n (D O n rD ( CL m 3 • N m N Mill G d4 ~ k 4 ~ ~ `Wr pj+ .C y~"l~ CA) 1V n s r §qz.i r N +z ' r n,~ a- r} a t, v Y ; in v 'r bC' ' r 6. d J h E yy tl y ~ fY{ ~~+L qT ~ ~ V Y 5 g 1 ✓i ' f0 ~ xX r ~ ,r XTj <s ; a1: 1r#, t i ~ 2 c G t' ~ ?~i a X{ s t Tr-~ ~ ~ 'rv4p c ° , N 1 1 ~ r > r t ~ T,r rii O A O u O 6 cr A O O p' O r P r. r. . a 00 0 o 0 GQ ao as oo Q ~ e a x , x x u a ? ? r1:'i rt'l.. i t ~s ~y x"F s K N? o a r t" o a o C CD o 0 CD w ¢ C a •D a ~-7 ~ N o p ~ ~ O A C O' ff4 y°' .N- C N o P CD N N A N O C O o 0 n ' AT' _ C-D N m ti o C D (D 0' CND M N C G n y ~ Q " .te co (D (D '3 'O 'a b 00 (D 0 r r n n N "ti ~ n n N O N o N N x CD N CD CD N Lon , o ° N a o o' as a d CD' Dn E I'd SD v' „ o y p Q d » w r C~ M. p CD CD O ' a 4• c a a 0 a. a G~ 4~ G~ G1 w w CD 0 SD CD CD 0 CD 0 CD CD 0 all) N 0 M N C :t C CD CD - , N o o 0 6 0 CD o 0 [D o o 0 ~ D o o CD 0 o CL a a. CL ~:s r N i m w w N N V i o C• p o O o o o N ok p ~ .C w o o o o _ a a a. CL a - (DD CL lV \V 3 N . ~ N f~ e-t- i-t N O Q r-F "I o aq :3 0 0- 3 e-F (D Is N l / N A Q V O O Q O MMN CL n CD ~w r) 0) V M CD ,III City City of W of dge PLANNING COMISSION COMMUNITYDEVELOPMENT LEGISLATIVE ITEM STAFF REPORT MEETING DATE: August 6, 2009 TITLE: AN ORDINANCE AMENDING SECTION 614 OF CHAPTER 26 CONCERNING RESIDENTIAL DUMPSTER REGULATIONS CASE NO. ZOA-09-04/Residential Dumpster Regulations ® PUBLIC HEARING Case Manager: Adam Tietz Date of Preparation: July 30, 2009 SUMMARY: ® CODE CHANGE ORDINANCE The attached ordinance proposes amendments to the regulations in the Code of Laws that regulate dumpsters on residentially zoned property. The current regulation does not allow properties with single and two-family dwelling units to have any trash receptacle over 1 cubic yard in size. The proposed revisions to the Code of Laws relate to the size, screening and storage locations of the dumpsters on the types of properties mentioned above. The attached ordinance represents the general consensus reached by City Council during two different study sessions. The order of Section 26-614 has also been changed to provide better organization of the information contained in this Section. Notice for this public hearing was provided as required by the Code of Laws. Statement of the Issues Section 26-614.C does not allow single and two-family dwelling units to have any receptacle over 1 cubic yard in order to maintain the residential character of these areas. Single family homes on agriculturally zoned property are allowed to have dumpsters larger than 1 cubic yard in order to accommodate the agricultural uses that are permitted in these zone districts. These requirements have been in place since 1996. The current property inspector recently began closing out old cases files. In closing out the files, the inspector came across several files where property owners had been cited for having dumpsters over 1 cubic yard on their property. Further investigation has revealed there are other properties in the City in violation of this code sections. One property owner in particular has maintained that her property produces too much waste to have anything less then a two (2) cubic yard dumpster. The owner maintains that dumpsters larger than 1 cubic yard are needed for the following reasons: • The size of a lot should determine the size of trash receptacle that is allowed as large lots produce larger amounts of waste. • Two-family dwelling units and multiple single family units on a single lot produce more trash than can be placed in a 1 cubic yard dumpster. • Trash companies do not offer any dumpster that is smaller then 2 cubic yards for home trash service. • Larger families produce more trash • One (1) larger receptacle is easier to maintain than several standard trash cans. Industry Standards Wheat Ridge residents are served by multiple trash providers. In recent years, refuse companies have provided trash receptacles rather then having customers provide their own trash cans. The trash receptacles provided by the refuse companies have been designed to be emptied by mechanical devices attached to trucks. They also have been designed to make it easier for manual emptying of trash into trucks than typical cylindrical trash cans. Refuse companies that provide trash cans for home trash pick-up service, typically provide them in 3 sizes, 32, 64 and 96 gallons. A one (1) cubic yard dumpster holds the equivalent of 202 gallons. ZOA-09-04/Residential Dumpster Regulations 32 64 96 Figures I and 2. Typical size and design of trash receptacles provided by refuse companies. A 32 gallon trash receptacle is the typical size of a cylindrical trash receptacle found at most home improvement and discount stores. Dumpster service for residential properties is provided by most refuse companies at special rates. The range of dumpsters sizes available to residential home owners is wider as refuse companies provide small dumpsters as well as large roll-off dumpsters often seen at construction sites. There is no industry standard as to the minimum size of dumpster provided for home service. Of the refuse companies serving greater Denver, the most common minimum size of dumpster provided for home service is two (2) cubic yards. Several offer one and one-half (1 %2) cubic yard dumpsters but in staff s research there were no refuse companies that offered dumpsters of less than one and one-half (1 '/2) cubic yards. The dimensions of a one (1) cubic yard dumpster often deter refuse companies from providing dumpsters of that size. The mechanical arms on refuse trucks used to lift the dumpsters are set at a standard width. Dumpsters of one (1) cubic yard are not typically constructed to the standard width that dumpsters one and one half (1 1/2) cubic yards or larger are constructed to. In order for the trucks to be able to lift one (1) cubic yard dumpsters, the arms on the truck would have to be retrofitted with additional equipment. Please see the table below for further information. Dumpster Size I cubic yard Capacity 201.9 gallons Dimensions " L J,-- - -r 1 1/2 cubic yards 302.9 gallons 33.,? YI/! q w- 2 cubic yards 403.9 gallons ,a. a,• r Yt/! L ' \7r J~ ZOA-09-04/Residential Dumpster Regulations 3 cubic yards 605.9 gallons I -r nna- w~a• Y r W~ 4 cubic yards 807.8 gallons r Al T ~r\ Std? Table 1. The standard width of dumpsters I % cubic yards and larger typically stays the same in order to fit the arms of the dumpster lifting mechanism into the side slots, while a 1 cubic yard dumpster has a smaller width. The standard width for dumpsters I %z cubic yards and larger may vary from one company to another based on the lifting mechanism on their trucks. Municipal Regulations The codes of fourteen (14) Metro Denver communities were examined to determine if other communities restricted the size of trash receptacles on residentially zoned properties. Of the fourteen (14) communities, six (6) of the communities did not have any regulations pertaining to the size of a trash receptacle placed on a residential property. The six included: • Aurora • Denver • Englewood • Golden • Broomfield • Greenwood Village The remaining eight (8) communities have regulations regarding the size of trash receptacles placed on residentially zoned property. However, unlike the City of Wheat Ridge, the communities that regulated the size of the receptacle typically did not include the regulations in their zoning code. The majority of the communities addressed the issue in the section of their codes that pertained to sanitation, pubic health, or public utilities. Below is a table that indicates what the other Metro Denver communities require in comparison to the City of Wheat Ridge. ZOA-09-04/Residential Dumpster Regulations city Residential Restriction Restrictions Wheat Ride 1 cubic and Chapter 26 - Zoning Code Arvada No size restriction Chapter 90 - Solid Waste Dumpsters must be in the side or rear and Commerce City Garbage container Chapter 8 - Garbage, Trash, and Garbage container must be larger than Weeds and contents cannot 32 gallons exceed 80 lbs. Thornton 110 gallons max. Chapter 16 - Public Property, Garbage container Utilities, and Services and contents cannot exceed 350 lbs. Lakewood 90 gallons max. Chapter 8 - Health and Safety Westminster 1 cubic yard max. Title 8 - Health and Sanitation Littleton 32 gallons max. Title 7 - Health and Sanitation Garbage container and contents cannot exceed 100 lbs. Edgewater 35 gallons max. Chapter 7 - Health, Sanitation, Garbage container and Animals and contents cannot exceed 751bs. Boulder Of sufficient size Title 6- Health, Safety, and to accommodate Sanitation the regular accumulation of trash for that use ZOA-09-04/Residential Dumpster Regulations EXHIBIT 1: PROPOSED ORDINANCE CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. -2009 Ordinance No. Series of 2009 TITLE: AN ORDINANCE AMENDING SECTION 26-614 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING RESIDENTIAL TRASH DUMPSTER REGULATIONS (CASE NO. ZOA-09-04). WHEREAS, the City Council of the City of Wheat Ridge is authorized by Home Rule Charter and the Colorado Constitution and statues to enact and enforce ordinances for the preservation of 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 residential 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: Section 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.E One- and two-family residential structures in residentially zoned areas are permitted to have one trash dumpster no larger than one and one-half (1.5) 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 stored in the side or rear yard shall be screened from so not to be visible from the public right-of-way. 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 trash dumpsters-. The dumpsters on such lots maybe larger than one and one-half (1.5) cubic yards in size and shall meet the requirements set forth in Section 26- 614()). D.9 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 ten (10) fifty (50) percent provisions thereof. ED. 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. FR. 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. 2 Section 2. Safety Clause. The City of Wheat Ridge 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 3. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 5. This Ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 2009, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 2009, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2009. SIGNED by the Mayor on this day of 2009. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved as to form by City Attorney Gerald Dahl, City Attorney 1 st publication: 2nd publication: Wheat Ridge Transcript Effective Date: NOTICE OF PUBLIC HEARINGS Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on August 6, 2009, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29`x' Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. The following case shall be heard: Case No. ZOA-09-04: An ordinance amending Chapter 26 pertaining to residential dumpsters. Kathy Field, Administrative Assistant ATTEST: Signed: Michael Snow Michael Snow, City Clerk To Be Published: Wheat Ridge Transcript Date: July 30, 2009 phi CIfY Of P//UNWheat EN~ice CITY COUNCIL/PLANNING COMISSION ~Cp LEGISLATIVE ITEM STAFF REPORT MEETING DATE: July 20, 2009 TITLE: A STUDY SESSION TO DISCUSS AMENDING SECTION 614 OF CHAPTER 26 CONCERNING RESIDENTIAL DUMPSTER REGULATIONS CASE NO. ZOA-09-04/Residential Dumpster Regulations M STUDY SESSION ITEM M CODE CHANGE ORDINANCE Case Manager: Adam Tietz Date of Preparation: July, 2009 SUMMARY: The attached ordinance proposes In January, staff was directed by City Council to study the current regulation in the Code of Laws regulating the size of trash receptacles on single and two-family properties (Sec. 26-614). The current regulation does not allow properties with single and two- family dwelling units to have any trash receptacle over 1 cubic yard in size. This regulation has led to code enforcement action on several properties throughout the City. On April 20, 2009, the following report was presented to City Council at a study session. The staff presented options with discussion of the potential impacts of each of the recommendations. Below the staff recommendations is the direction given by City Council at the study session regarding the residential dumpster regulations. Their recommendations specifically address amendments to the requirement to size, screening and access to public right-of-way of trash receptacles as they relate to single family and two-family dwelling units. ZOA-09-04/Residential Dumpster Regulations the inspector came across several files where property owners had been cited for having dumpsters over 1 cubic yard on their property. Further investigation has revealed there are other properties in the City in violation of this code sections. One property owner in particular has maintained that her property produces too much waste to have anything less then a two (2) cubic yard dumpster. The owner maintains that dumpsters larger than 1 cubic yard are needed for the following reasons: • The size of a lot should determine the size of trash receptacle that is allowed as large lots produce larger amounts of waste. • Two-family dwelling units and multiple single family units on a single lot produce more trash than can be placed in a 1 cubic yard dumpster. • Trash companies do not offer any dumpster that is smaller then 2 cubic yards for home trash service. • Larger families produce more trash • One (1) larger receptacle is easier to maintain than several standard trash cans. Industry Standards Wheat Ridge residents are served by multiple trash providers. In recent years, refuse companies have provided trash receptacles rather then having customers provide their own trash cans. The trash receptacles provided by the refuse companies have been designed to be emptied by mechanical devices attached to trucks. They also have been designed to make it easier for manual emptying of trash into trucks than typical cylindrical trash cans. Refuse companies that provide trash cans for home trash pick-up service, typically provide them in 3 sizes, 32, 64 and 96 gallons. A one (1) cubic yard dumpster holds the equivalent of 202 gallons. Figures I and 2. Typical size and design of trash receptacles provided by refuse companies. A 32 gallon trash receptacle is the typical size of a cylindrical trash receptacle found at most home improvement and discount stores. Dumpster service for residential properties is provided by most refuse companies at special rates. The range of dumpsters sizes available to residential home owners is wider as refuse companies provide small dumpsters as well as large roll-off dumpsters often seen at construction sites. There is no industry standard as to the minimum size of dumpster provided for home service. Of the 32 64 96 32 64 96 refuse companies serving greater Denver, the most common minimum size of dumpster provided for home service is two (2) cubic yards. Several offer one and one-half (1 '/2) cubic yard dumpsters but in staff s research there were no refuse companies that offered dumpsters of less than one and one-half (1 Y2) cubic yards. The dimensions of a one (1) cubic yard dumpster often deter refuse companies from providing dumpsters of that size. The mechanical arms on refuse trucks used to lift the dumpsters are set at a standard width. Dumpsters of one (1) cubic yard are not typically constructed to the standard width that dumpsters one and one half (1 '/2) cubic yards or larger are constructed to. In order for the trucks to be able to lift one (1) cubic yard dumpsters, the arms on the truck would have to be retrofitted with additional equipment. Please see the table below for further information. Dumpster Size Capacity Dimensions 1 cubic yard 201.9 gallons j 1 '/2 cubic yards 302.9 gallons ~ ? 391 I y' ~ IIr 2 cubic yards 403.9 gallons ~1T ^a,•~ ~ 3F, 'rte" u,rr 3 cubic yards 605.9 gallons I n.l~r ,a• L p I-r T ~ 4 cubic yards 807.8 gallons j ~7 >r Ay Table 1. The standard width of dumpsters I %z cubic yards and larger typically stays the same in order to fit the arms of the dumpster lifting mechanism into the side slots, while a I cubic yard dumpster has a smaller width. The standard width for dumpsters 1 % cubic yards and larger may vary from one company to another based on the lifting mechanism on their trucks. Municipal Regulations The codes of fourteen (14) Metro Denver communities were examined to determine if other communities restricted the size of trash receptacles on residentially zoned properties. Of the fourteen (14) communities, six (6) of the communities did not have any regulations pertaining to the size of a trash receptacle placed on a residential property. The six included: • Aurora • Denver • Englewood • Golden • Broomfield • Greenwood Village The remaining eight (8) communities have regulations regarding the size of trash receptacles placed on residentially zoned property. However, unlike the City of Wheat Ridge, the communities that regulated the size of the receptacle typically did not include the regulations in their zoning code. The majority of the communities addressed the issue in the section of their codes that pertained to sanitation, pubic health, or public utilities. Below is a table that indicates what the other Metro Denver communities require in comparison to the City of Wheat Ridge. city Residential Size Code Section Additional Restriction Restrictions Wheat Ride 1 cubic and ' Cha ter 26- Zonin Code ' Arvada No size restriction Chapter 90 - Solid Waste Dumpsters must be in the side or rear yard Commerce City Garbage container Chapter 8 - Garbage, Trash, and Garbage container must be larger than Weeds and contents cannot 32 gallons exceed 80 lbs. Thornton 110 gallons max. Chapter 16 - Public Property, Garbage container Utilities, and Services and contents cannot exceed 350 lbs. Lakewood 90 gallons max. Chapter 8 - Health and Safety Westminster 1 cubic yard max. Title 8 - Health and Sanitation Littleton 32 gallons max. Title 7 - Health and Sanitation Garbage container and contents cannot exceed 100 lbs. Edgewater 35 gallons max. Chapter 7 - Health, Sanitation, Garbage container and Animals and contents cannot exceed 75 lbs. Boulder Of sufficient size Title 6- Health, Safety, and to accommodate Sanitation the regular accumulation of trash for that use Staff Recommendations Based on the information above and in order to address some of the issues that have been raised, Staff has provided a list of options along with a brief commentary on the potential impacts of each option provided for City Council and Planning Commission to consider regarding the regulation of residential dumpsters. Option 1- No change to the current regulations. Staff comments o The incident necessitating the study of the residential dumpster is isolated to one property. ■ Only a handful of other properties will require code enforcement to comply with current regulations. o Current code does not restrict property owners from having a maximum number of trash cans. ■ A property owner may have multiple smaller receptacles. • Ability to have the capacity of one and a half (1.5) cubic yards or more in multiple smaller receptacles. o In order to allow containers larger than one (1) cubic yard an administrative variance or variance from the Board of Adjustments may be requested by the property owner. ■ Incidents like the one necessitating this ordinance change are the reason there is the variance process. ■ The existing criteria used to evaluate variances may not be suitable for a variance request to dumpster size. o This is the easiest and most efficient way for the Property Inspector to enforce the dumpster regulations. ■ No ambiguity in what is allowed and what is not. trash cans. ■ A property owner may have multiple smaller receptacles. ■ Ability to have the capacity of one and a half (1.5) cubic yards or more in multiple smaller receptacles. o In order to allow containers larger than one (1) cubic yard an administrative variance or variance from the Board of Adjustments may be requested by the property owner. ■ Incidents like the one necessitating this ordinance change are the reason there is the variance process. ■ The existing criteria used to evaluate variances may not be suitable for a variance request to dumpster size. This is the easiest and most efficient way for the Property Inspector to enforce the dumpster regulations. ■ No ambiguity in what is allowed and what is not. • Dumpsters over 1 cubic yard are not allowed outright. • Other options would require the inspector to measure each dumpster to see if it is in compliance. Option 2 - Amend the language in the Code of Laws to reflect more current standards. Staff comments o Change language from limiting residential dumpsters from one (1) cubic yard to one and one half (1.5) cubic yards to reflect current industry standards. • Industry standards change over the years and this number may become obsolete in the future. o Would allow administrate variance requests (50% or less) to increase from one and one half (1.5) cubic yards to two and three quarters (2.75) cubic yards. o Dumpsters are required to be screened from public right-of-way by a six foot fence, wall, or landscaping on commercial, industrial, and multi-family properties. ■ With an increase in dumpster the screening requirement may need to be applied to residential dumpsters as well. • May result in the increase of variance requests to allow a 6 foot fence in the front setback. • Additional financial burden on the property owner. • Six foot fences in the front setback may cause safety issues with the sight distance triangle that must be maintained for motorists visibility ■ The screening in front setbacks could create more targets for graffiti, "tagging" or other vandalism. • Results in unforeseen maintenance costs for owners. Option 3 - Remove all residential trash receptacle size restrictions. Staff comments o All properties in the City would be eligible to use dumpsters. o Essentially a home could have a 10 cubic yard dumpster or larger. ■ Define dumpsters from a roll-off in order to prevent roll-offs from being allowed permanently. Dumpsters are not easily movable and could likely result in dumpsters being stored ZOA-09-04/Residential Dumpster Regulations Option 4 - Develop dumpster size restrictions that are proportionate to lot size. Staff comments o This would create a variable standard. o Larger residential parcels would be allowed larger trash receptacles. ■ Restricts a small parcel with two single family or multi-family dwellings on them from having a dumpster. o Further staff research would be required as to how this would be developed and implemented. ■ Not many models from other municipalities with similar regulations to develop a framework from. o Extra time would be spent determining if a dumpster is "too large" for a property during inspections as dumpsters of the same capacity vary in dimensions from company to company and the size of the lot would need to be researched. ■ Difficultly administering the size limits on every dumpster since each lot could allow something different. • Would possibly have to create a "dumpster tracking system" or permit to ensure that each dumpster complies with the size limits set for that property. o Dumpsters are not easily movable and could likely result in dumpsters being stored in front setback areas or near the street. • Could develop regulations to restrict storage location. o Dumpsters are required to be screened from public right-of-way by a six foot fence, wall, or landscaping on commercial, industrial, and multi-family properties. ■ See option 2 for staff comments. o Trucks may have to drive over street improvements to access homes with dumpsters. ■ See option 3 above for staff comments. CITY COUNCIL RECOMMENDED CHANGES Based on the discussion with City Council, they suggested moving forward with an amendment to Chapter 26 Section 614 of the Code of Laws. The proposed amendment would: • Remove all size restrictions for trash receptacles on single and two family dwelling units. • Require any dumpster 1.5 cubic yards or larger to have direct access to the public right-of- way so as not to cause trash trucks to drive across other public improvements (curb/gutter/sidewalk) in order to empty the dumpsters. • Require screening of any trash receptacle over one (1), 96 gallon container (including multiple 96 gallon trash receptacles). Staff comments • All properties in the City may have a dumpster with no size restriction. o May need to set a maximum size to avoid residential properties having construction roll-off type trailers for extended periods of time. • Dumpsters having direct access to the right of way would need to be screened by a six (6) foot fence, wall or landscaping. o Result in an increase in variance request to screen the dumpster. • Additional financial burden on the property owner. o Six foot fences in the front setback may cause safety issues with the sight distance triangle that must be maintained for motorists visibility. o The screening in front setbacks could create more targets for graffiti, "tagging" or other vandalism. • Results in unforeseen maintenance costs for owners. Many properties currently have two (2) 96 gallon containers (1 for trash, 1 for recycling) o These properties would be required to screen those containers. REUEST FOR POLICY DIRECTION Based on the additional information and analysis, staff is requesting confirmation that the motion made at the June 4, 2009 City Council study session is the course City Council is advising staff take regarding the revisions on the ordinance regarding residential dumpsters. „ City of WheatF~ idge PLANNING COMMISSION COMMUNQYDEMOPMENT LEGISLATIVE ITEM STAFF REPORT MEETING DATE: June 4, 2009 TITLE: A STUDY SESSION TO DISCUSS AMENDING SECTION 614 OF CHAPTER 26 CONCERNING RESIDENTIAL DUMPSTER REGULATIONS CASE NO. ZOA-09-04/Residential Dumpster Regulations M STUDY SESSION ITEM M CODE CHANGE ORDINANCE Case Manager: Adam Tietz Date of Preparation: May 29, 2009 SUMMARY: In January, staff was directed by City Council to study the current regulation in the Code of Laws regulating the size of trash receptacles on single and two-family properties (Sec. 26-614). The current regulation does not allow properties with single and two-family dwelling units to have any trash receptacle over 1 cubic yard in size. This regulation has led to code enforcement action on several properties throughout the City. On April 20, 2009, the following report was presented to City Council at a study session. The staff recommendations were the options that staff considered with discussion of the potential pros and cons of each of the recommendations. Below the staff recommendations is the direction given by City Council at the study session regarding the residential dumpster regulations. Their recommendations specifically address amendments to the requirement to size, screening and access to public right-of-way of trash receptacles as they relate to single family and two-family dwelling units. Statement of the Issues As previously stated, Section 26-614.C does not allow single and two-family dwelling units to have any receptacle over 1 cubic yard in order to maintain the residential character of these areas. Single family homes on agriculturally zoned property are allowed to have dumpsters larger than 1 cubic yard in order to accommodate the agricultural uses that are permitted in these zone districts. These requirements have been in place since 1996 and have relatively been a non-issue since that time. The current property inspector recently began closing out old cases files. In closing out the files, the inspector came across several files where property owners had been cited for having dumpsters over 1 cubic yard on their property. Further investigation has revealed there are other properties in the City in violation of this code sections. One property owner in particular has maintained that her property produces too much waste to have anything less then a two (2) cubic yard dumpster. The issue seems isolated to this property only but the owner maintains that dumpsters larger than 1 cubic yard are needed for the following reasons: • The size of a lot should determine the size of trash receptacle that is allowed as large lots produce larger amounts of waste. • Two-family dwelling units and multiple single family units on a single lot produce more trash then can be placed in a 1 cubic yard dumpster. • Trash companies do not offer any dumpster that is smaller then 2 cubic yards for home trash service. • Larger families produce more trash • One (1) larger receptacle is easier to maintain than several standard trash cans. Industry Standards Wheat Ridge residents are served by multiple trash providers. In recent years, refuse companies have provided trash receptacles rather then having customers provide their own trash cans. The trash receptacles provided by the refuse companies have been designed to be emptied by mechanical devices attached to trucks. They also have been designed to make it easier for manual emptying of trash into trucks than typical cylindrical trash cans. Refuse companies that provide trash cans for home trash pick-up service, typically provide them in 3 sizes, 32, 64 and 96 gallons. A one (1) cubic yard dumpster holds the equivalent of 202 gallons. Figures I and 2. Typical size and design of trash receptacles provided by refuse companies. A 32 gallon trash receptacle is the typical size of a cylindrical trash receptacle found at most home improvement and discount stores. Dumpster service for residential properties is provided by most refuse companies at special rates. 32 64 96 32 64 96 The range of dumpsters sizes available to residential home owners is wider as refuse companies provide small dumpsters as well as large roll-off dumpsters often seen at construction sites. There is no industry standard as to the minimum size of dumpster provided for home service. Of the refuse companies serving greater Denver, the most common minimum size of dumpster provided for home service is two (2) cubic yards. Several offer one and one-half (1'/2) cubic yard dumpsters but in staff s research there were no refuse companies that offered dumpsters of less than one and one-half (1 V2) cubic yards. The dimensions of a one (1) cubic yard dumpster often deter refuse companies from providing dumpsters of that size. The mechanical arms on refuse trucks used to lift the dumpsters are set at a standard width. Dumpsters of one (1) cubic yard are not typically constructed to the standard width that dumpsters one and one half (1 lh) cubic yards or larger are constructed to. In order for the trucks to be able to lift one (1) cubic yard dumpsters, the arms on the truck would have to be retrofitted with additional equipment. Please see the table below for further information. 1 Size Capacity Dimensions 1 cubic yard 201.9 gallons L I w' 1 'h cubic yards 302.9 gallons 2 cubic yards 403.9 gallons ~-a,• x,Z i ~ r JT 3 cubic yards 605.9 gallons nhz ~ Itz L B' 4 cubic yards 807.8 gallons L ~r st-tz Table 1. The standard width of dumpsters 1 1/z cubic yards and larger typically stays the same in order to fit the arms of the dumpster lifting mechanism into the side slots, while a I cubic yard dumpster has a smaller width. The standard width for dumpsters 1 '/z cubic yards and larger may vary from one company to another based on the lifting mechanism on their trucks. Municipal Regulations The codes of fourteen (14) Metro Denver communities were examined to determine if other communities restricted the size of trash receptacles on residentially zoned properties. Of the fourteen (14) communities, six (6) of the communities did not have any regulations pertaining to the size of a trash receptacle placed on a residential property. The six included: • Aurora • Denver • Englewood • Golden • Broomfield • Greenwood Village The remaining eight (8) communities have regulations regarding the size of trash receptacles placed on residentially zoned property. However, unlike the City of Wheat Ridge, the communities that regulated the size of the receptacle typically did not include the regulations in their zoning code. The majority of the communities addressed the issue in the section of their codes that pertained to sanitation, pubic health, or public utilities. Below is a table that indicates what the other Metro Denver communities require in comparison to the City of Wheat Ridge. yard Commerce City Garbage container Chapter 8 - Garbage, Trash, and Garbage container must be larger than Weeds and contents cannot 32 gallons exceed 80 lbs. Thorton 110 gallons max. Chapter 16 - Public Property, Garbage container Utilities, and Services and contents cannot exceed 3501bs. Lakewood 90 gallons max. Chapter 8 - Health and Safety Westminster 1 cubic yard max. Title 8 - Health and Sanitation Littleton 32 gallons max. Title 7 - Health and Sanitation Garbage container and contents cannot exceed 100 lbs. Edgewater 35 gallons max. Chapter 7 - Health, Sanitation, Garbage container and Animals and contents cannot exceed 75 lbs. Boulder Of sufficient size Title 6- Health, Safety, and to accommodate Sanitation the regular accumulation of trash for that use Staff Recommendations Based on the information above and in order to address some of the issues that have been raised, Staff have has provided a list of options for Planning Commission to consider regarding the regulation of residential dumpster regulations. • No change to the current regulations o The incident necessitating the study of the residential dumpster is isolated to one property. Several other properties will require code enforcement to comply with current regulations. o Current code does not restrict property owners from having a maximum number of trash cans meaning a property owner may have multiple smaller receptacles. o In order to allow containers larger than one (1) cubic yard an administrative variance or variance from the Board of Adjustments may be requested by the property owner. ■ The existing criteria to evaluate variances may not be suitable for a variance request to dumpster size. Remove all residential trash receptacle size restrictions o All properties in the City would be eligible to use dumpsters. o Dumpsters are not easily movable and could likely result in dumpsters being stored in front setback areas or near the street. Could develop regulations to restrict storage location. o Dumpsters are required to be screened from public right-of-way by a six foot fence, wall, or landscaping on commercial and industrial zoned properties. • There may be a need to apply this to residential properties with a dumpster. • May result in the increase of variance requests to allow a 6 foot fence in the front setback. o Trucks may cause damage to curb, gutter, sidewalks, or driveways if they must drive onto these surfaces to access a dumpster. Restrict the dumpster size regulation to single family residences only. o Keep single family homes restricted to one (1) cubic yard or less. o Increase the dumpster size allowed on properties with more than one (1) single family residence and two-family dwelling units respectively. May cause issues with enforcement o A large number of properties in the City would be eligible with many of the same outcomes as listed in the previous option. • Develop dumpster size restrictions that are proportionate to lot size. o Larger residential parcels would be allowed larger trash receptacles. o Could restrict a small parcel with two and multi-family dwellings on them from having a trash receptacle of a necessary size to meet their needs. City Council Recommended Changes Based on the presentation of the information above and further ensuing discussion with City Council, they suggested moving forward with an amendment to Chapter 26 Section 614 of the Code of Laws. The proposed amendment would: • Remove all size restrictions for trash receptacles on single and two family dwelling units. • Require screening of any trash receptacle over 96 gallons (including multiple 96 gallon trash receptacles). • Require any dumpster 1.5 cubic yards or larger to have direct access to the public right-of- way so not to cause trash trucks to drive across other public improvements (curb/gutter/sidewalk) in order to empty the dumpsters. f f rjwi,8:,.i~. UPI" % W'f:5viLlg.~ Allow dumpsters proportionate to lot size.