11. ORDINANCES October 16, 2013 CITY OF MIRAMAR PROPOSED CITY COMMISSION AGENDA ITEM

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1 Meeting Date: October 16, ORDINANCES October 16, 2013 CITY OF MIRAMAR PROPOSED CITY COMMISSION AGENDA ITEM Second Reading Date: November 6, 2013 Presenter s Name and Title: Michael Alpert, AICP, Senior Planner Temp Ord Number: O1579 Item Description: (First Reading) Temp. Ord. No. 1579, CREATING LAND DEVELOPMENT CODE SECTION , LIMITATION ON DONATION BINS; REGULATIONS. PROVIDING REGULATIONS FOR THE USE AND PLACEMENT OF CHARITABLE CLOTHING DONATION BINS, AND PROVIDING FOR CERTAIN CLOTHING DONATION BINS TO BE PERMITTED UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR A PERMITTING PROCESS AND IMPLEMENTATION; PROVIDING FOR SEVERABILITY. (Senior Planner Michael Alpert) Consent Resolution Ordinance Quasi-Judicial Public Hearing Summary Explanation and Background: The City supports charitable organizations and their fundraising activities. Often, these activities include the use of donation bins. The City Commission desires to provide controls and limits pertaining to the use of donation bins, including permitting requirements and location restrictions as set forth in the Ordinance. Instructions for the Office of the City Clerk: Public Notice As Required by the Sec. of the City Code and/or Sec., Florida Statutes, public notice for this item was provided as follows: on, in a ad in the ; by the posting the property on and/or by sending mailed notice to property owners within feet of the property on. (Fill in all that apply) Special Voting Requirement As required by Sec., of the City Code and/or Sec. Florida Statutes, approval of this item requires a (unanimous 4/5ths etc. vote of the City Commission. Fiscal Impact: Yes No REMARKS: Attachments: 1. Planning & Zoning Board Minutes, September 10, 2013

2 CITY OF MIRAMAR INTEROFFICE MEMORANDUM TO: Mayor, Vice Mayor, & City Commissioners FROM: Kathleen Woods-Richardson, City Manager DATE: August 14, 2013 RE: Temp. Ord. 1579, creating Land Development Code Section , providing regulations for the use and placement of charitable donation bins. RECOMMENDATION: The City Manager recommends adoption of Temp. Ord. No. 1579, providing regulations for the use and placement of charitable and other donation bins in the City. The City has observed a proliferation of donation bins throughout ISSUE: the City, which are presently unregulated by the City, and the City Commission desires to regulate the use and location of donation bins to protect the health and safety of its residents.

3 Temp. Ord. No /13/13 10/4/13 CITY OF MIRAMAR MIRAMAR, FLORIDA ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIRAMAR, FLORIDA, CREATING LAND DEVELOPMENT CODE SECTION , LIMITATION ON DONATION BINS; REGULATIONS. PROVIDING REGULATIONS FOR THE USE AND PLACEMENT OF CHARITABLE CLOTHING DONATION BINS, AND PROVIDING FOR CERTAIN CLOTHING DONATION BINS TO BE PERMITTED UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR A PERMITTING PROCESS AND IMPLEMENTATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission has observed a proliferation of donation bins throughout the City and which are presently unregulated by the City; and WHEREAS, the City Commission desires to regulate the use and location of donation bins to protect the health and safety of its residents; and WHEREAS, the City Commission deems it to be in the interest of the citizens and residents of the City of Miramar to adopt regulations concerning the use and placement of donation bins in the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIRAMAR, FLORIDA, AS FOLLOWS: Section 1: That the foregoing WHEREAS clauses are ratified and confirmed as being true and correct and are made a specific part of this Ordinance. Ord. No.

4 Temp. Ord. No /13/13 9/16/13 Section 2: That Land Development Code Chapter 7, Use Regulations, Section Limitation on donation bins; regulations, is hereby created to read as follows*: Sec Limitation on donation bins; regulations. (A) Purpose. The purpose of this section shall be to provide rules, regulations and standards for the limited placement and use of clothing donation bins in the City of Miramar in order to promote the public health, safety and welfare of the city. City-owned recycling bins are not subject to the limitations set forth herein. (B) Definitions. Clothing donation bin. A receptacle or container made of metal or other fireresistant material designed or intended for the collection and temporary storage of donated clothing only. Donation bin. A receptacle or container designed or intended for the collection and temporary storage or items other than clothing. Charitable organization. Any person determined by the federal Internal Revenue Service to be a tax-exempt organization pursuant to Section 501(c)(3) that is established for any benevolent, philanthropic, humane, social welfare, public health, or other eleemosynary purpose. Shopping center. Five or more commercial establishments, planned, developed, owned and managed as an integral unit, with off-street parking provided on the property, and related in its location, size and type of shops to the trade area that the unit serves. *Coding : Underlined words are additions to existing text, struck through words are deletions from existing text, and shaded text indicates changes between first and second readings. Ord. No. 2

5 Temp. Ord. No /13/13 9/16/13 (C) Requirements for use of clothing donation bins. Clothing donation bins shall be permitted on a limited basis only, and only in compliance with all of the provisions of this section, including the following requirements: (1) The person/entity operating the clothing donation bin has obtained a valid permit from the city; (2) A clothing donation bin shall only be owned and operated by a charitable organization; (3) The information required in subsection l below is clearly and conspicuously displayed on the exterior of the clothing donation bin; (4) The clothing donated shall be provided to others as part of a bona fide charitable endeavor, and any proceeds from collected donations must be used by the charitable organization for its charitable purposes; (5) The contents of the clothing donation bin shall be clothing only and shall be regularly emptied at least every two weeks and not permitted to overflow to the point where the contents are visible from the outside, and the ground area immediately adjacent to the clothing donation bin (within three feet of the clothing donation bin on all sides) shall be kept free of donated clothing or other debris; (6) The clothing donation bin shall be kept free of signs, advertising (except as specifically permitted or required herein), graffiti and other markings and shall be maintained in a structurally sound, clean and sanitary condition; and (7) All other conditions of this ordinance are satisfied and there is continuing compliance with the provisions of this ordinance. (D) Donation bins. Donation bins are prohibited. (E) Permit application requirements. An application shall be filed with the City for each proposed clothing donation bin and location. The application for a permit shall include: Ord. No. 3

6 Temp. Ord. No /13/13 9/16/13 1. An affidavit stating the following: (a) The precise location where the clothing donation bin will be located, including a description of the business or enterprise being conducted on or at the property; (b) The manner in which the applicant anticipates any clothing collected via the clothing donation bin will be used, sold or dispersed, and the method by which the proceeds of collected donations will be allocated or spent; (c) The name and telephone number of the bona fide office of the organization that has custody of the clothing donation bin and the name of the person authorized by said organization to assure compliance with this ordinance and the phone number, physical address and address where such person can be reached during normal business hours. For purposes of this section, an answering machine or service unrelated to the person or entity does not constitute a bona fide office; (d) The name(s) and phone number(s) of the person(s) responsible for placing, emptying, and removing the clothing donation bin; (e) A statement indicating the manner in which the applicant anticipates any clothing or other donations via the clothing donation bin will be used, sold, or dispersed, and the method by which the proceeds of collected donations will be allocated or spent; and 2. Written consent from the property owner to place the clothing donation bin at or on their property, and whether any other clothing donation bins are at or on the property. The written consent shall acknowledge that the City shall hold both the property owner and the charitable organization liable for violation of this ordinance; and 3. The articles of incorporation of the Not for Profit Corporation, and the names of the officers of the corporation and the name, phone number, address and physical address of the responsible person to be contacted with respect to compliance with this ordinance. There shall also be a statement that the person agrees to accept service by certified mail at the physical address listed, on behalf of the corporation, for any violations of this ordinance. Ord. No. 4

7 Temp. Ord. No /13/13 9/16/13 4. The annual permit fee (new or renewal permit), as set by resolution of the City Commission, shall be paid at the time of application submission. Fees may be established by Resolution of the City Commission. This fee shall be paid annually for each clothing donation bin established under the provisions of this ordinance. F. Permit renewal application requirements. Renewal applications shall include an affidavit that all information and statements in the original application continues to be true, and a description of any facts which would make any information or statement in the original application no longer true. G. Placement of clothing donation bins; restrictions. The following criteria shall be applied in granting a permit and in determining if a clothing donation bin is placed in conformity with this ordinance: 1. The City must determine that the placement of the clothing donation bin will not constitute a safety hazard. Such hazards include, but are not limited to: the placement of a clothing donation bin within 100 yards of any place that stores or sells large amounts of fuel or other flammable liquids or gases, and placement of a clothing donation bin that interferes with vehicular or pedestrian circulation. 2. Clothing donation bins shall be secured or removed in such a manner as to minimize the danger of such units causing damage to persons or property from high winds or severe weather conditions. 3. It shall be the responsibility of the owner of the property upon which the clothing donation bin is located and the entity that obtains the permit to remove or properly secure the clothing donation bin in the event of any hurricane warning in effect for the city. If such action is not taken, the city reserves the right to remove the clothing donation bin and to revoke the permit. 4. Clothing donation bins shall not be located in rights of way or parking lots. 5. No clothing donation bin shall be permitted in a residentially zoned district or within 150 feet of a residentially zones district unless the building is devoted solely to a not for profit organization. Ord. No. 5

8 Temp. Ord. No /13/13 9/16/13 6. No clothing donation bin shall be located on a vacant lot. 7. Clothing donation bins shall only be permitted in the following commercial settings: a. on the property of a retail or professional building of at least 30,000 square feet in interior space, and which is not part of a shopping center. In such case, only one clothing donation bin shall be permitted, or b. on the property of a shopping center of at least 100,000 square feet in interior building size. One clothing donation bin shall be allowed for each 100,000 square feet of building size, or c. on the premises of a not for profit entity for that not for profit entity, provided that only one clothing donation bin shall be permitted on the property. H. Bin structure. 1. The clothing donation bin(s) shall be of the type that are enclosed by use of a one-way receiving door so that the contents of the clothing donation bin(s) may not be accessed by anyone other than those responsible for the retrieval of the contents. 2. Each clothing donation bin shall not cover a ground surface area in excess of five feet by five feet, nor be more than six feet in height. The primary color of the clothing donation bin(s) shall be white. 3. There shall be no advertisement of any kind on the clothing donation bin except for the identity of the charitable organization and the purpose of the donation effort. I. Display of permits. The following information shall be clearly and conspicuously displayed on the exterior of the clothing donation bin: 1. The permit number and its date of expiration, along with a statement that a copy of the permit application is on file with the city clerk; Ord. No. 6

9 Temp. Ord. No /13/13 9/16/13 2. The name and address of a) the registered person who owns the clothing donation bin, and b) any other entity which may share or profit from any clothing or other donations collected from the bin; 3. The telephone number of the owner s bona fide office, and, if applicable, the telephone number of any other entity that shared or profited from any clothing collected from the bin; J. Property owner responsibility. The owner of the property upon which the clothing donation bin is located shall share joint and several responsibility for compliance with all conditions set forth in this ordinance with the entity that owns or is in custody of the clothing donation bin. The failure of the person in custody to comply with the provisions of this ordinance shall not be a defense by the property owner should a violation be found to exist. The registered owner of the clothing donation bin shall report to the city clerk any change of entity or entities that may share or profit from any clothing collected from the clothing donation bin no later than 30 days from any changes. Failure to provide the city clerk with such report within the 30 day period shall result in revocation of the permit. Section 3: It is the intention of the City Commission and it is ordained that the provisions of this ordinance shall become and be made a part of the City Code, and that the sections of this ordinance may be renumbered to accomplish such intent. Section 4: Should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Ord. No. 7

10 Temp. Ord. No /13/13 9/16/13 PASSED FIRST READING: PASSED AND ADOPTED ON SECOND READING: Mayor, Lori C. Moseley ATTEST: Vice Mayor, Alexandra P. Davis City Clerk, Yvette M. McLeary I HEREBY CERTIFY that I have approved this ORDINANCE as to form: City Attorney Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. Requested by Administration Commissioner Winston F. Barnes Commissioner Yvette Colbourne Vice Mayor Alexandra P. Davis Commissioner Wayne M. Messam Mayor Lori C. Moseley Voted Ord. No. 8

11 ATTACHMENT 1 MINUTES OF THE CITY OF MIRAMAR PLANNING AND ZONING BOARD MEETING SEPTEMBER 10, :30 PM The regular meeting of the Planning and Zoning Board was called to order by Chairperson Matthew Thompson at 6:35 pm in the Commission Chambers, Miramar City Hall, 2300 Civic Center Place, Miramar, Florida. I. ROLL CALL The following members of the Planning and Zoning Board were present: Matthew Thompson, Chairperson Debra Scialabba, Vice Chairperson Nasif Alshaier Catherine Minnis George Pedlar Robert Townsel Dr. Venessa Walker The following member of the Planning and Zoning Board was absent: A quorum was declared. The following were also present: City Attorney Johanna Lundgren Senior Planner Michael Alpert Planner Neil Newton Recording Secretary Narva Barrett Forbes II. PLEDGE OF ALLEGIANCE PAGE 1 OF 7

12 PLANNING AND ZONING BOARD MEETING MINUTES III. APPROVAL OF MINUTES August 13, 2013 IV. BOARD MEMBER ITEM(S) Chairperson Thompson asked for a motion to approve the minutes, on a motion by Member Townsel and seconded by Member Minnis, the following vote was recorded: AYE: Chairperson Thompson, Vice Chairperson Scialabba, Members Alshaier, Minnis, Pedlar, Townsel and Dr. Walker. NAY: None MOTION PASSED: 7-0 V. QUASI-JUDICIAL PUBLIC HEARING VI. LOCAL PLANNING AGENCY PUBLIC HEARING Chairperson Thompson read the following: 1) Application 13-LDC-03, Land Development Code Amendment for Chapter 2 Definitions and Rules of Construction, and Section 814, Wireless Telecommunications Towers and Antennas, to be consistent with current State statutes and Federal regulations, and to clarify the applicability of the regulations with respect to private or governmentowned property and the exclusion of public rights-of-way, which are governed by Section 23 of the City of Miramar s Code of Ordinances. Presenter: Michael Alpert, Senior Planner Mr. Alpert stated that on July 3, 2013, the Miramar City Commission enacted a six-month moratorium on the acceptance and processing of applications for the placement of certain wireless telecommunications facilities within City rights-of-way, which will expire in early January of At that time, City staff was directed to review and update City codes that apply to the placement of wireless telecommunications facilities within City rights-of-way. Wireless telecommunications technology is evolving to include the placement of certain wireless facilities in rights-of-way, as opposed to the more traditional towers and antennas that have historically been placed on private or government owned, leased or controlled property. PAGE 2 OF 7

13 PLANNING AND ZONING BOARD MEETING MINUTES Certain elements of the City s Land Development Code address traditional wireless telecommunications towers and antennas, and require revision in order to distinguish between those traditional towers, antennas and other facilities located on private or government-owned, leased or controlled property, and those towers, antennas and other facilities which are the result of new technology and which are designed and intended to be placed within City rights-of-way. Staff recommends approval. Chairperson Thompson: are there any questions from the Board? Vice Chairperson Scialabba: is that a water tower that is leased that is a cell tower? Where does that fit in the code? Is it already the tank? Mr. Alpert: the tank is a City-owned structure that happens to have several sets of private telecommunication provider antennas attached to it (effectively becoming a tower with co-located antennas) and yes, those antennas are subject to this Ordinance. Member Pedlar: Broward County has something already in place addressing signage within the County. Does the City have any stipulation on these massive structures and what consideration is given to the surrounding residents? Mr. Alpert: in regards to signage there is a provision within 814 that talks about typical signage for these facilities, we are not changing our design standards, whatever towers exist or are proposed have to follow all the codes. The ordinance has a distance separation from tower-to-tower of one mile and a hierarchy for placement and height, and so forth. None of this is changing; we are only separating out proposed infrastructure within public rights-of-way to be governed by a distinct City Code Ordinance. Member Townsel: do all the towers come before the City Commission? Mr. Alpert: yes, all proposed towers go through the DRC and CAB process to ensure conformance with LDC requirements before being approved by the City Commission. Co-located antennas on existing towers or structures may be approved administratively, unless there is a lease agreement with the City associated with those applications. Chairperson Thompson asked for a motion to approve, on a motion by Vice Chairperson Scialabba and seconded by Member Pedlar, the following vote was recorded: AYE: Chairperson Thompson, Vice Chairperson Scialabba, Members Alshaier, Minnis, Pedlar, Townsel and Dr. Walker. NAY: None PAGE 3 OF 7

14 PLANNING AND ZONING BOARD MEETING MINUTES MOTION PASSED: 7-0 2) Application 13-LDC-04, Land Development Code Amendment for Chapter 10, Signs, to provide for an extended date for compliance for nonconforming signs and to provide for further clarifications of certain sign types and regulations. Presenter: Michael Alpert, Senior Planner Mr. Alpert stated that the City s sign ordinance 98-51, adopted on August 19, 1998, provided for standards that deemed certain types of signs to be non-conforming and subject to removal and/or alteration. This ordinance provided for a five-year period described as an amortization period - during which property owners were required to meet the standards for those signs that were deemed to be legal, non-conforming. That period ended on October 1, 2003, but was subsequently extended via successive ordinances to October 1, 2013, as provided for in the current sign ordinance, Ordinance 12-05, adopted on November 30, Due to current economic circumstances and code enforcement procedural constraints, Staff is proposing to extend the deadline for another two years, until October 1, 2015, to provide property and business owners more time to comply with the ordinance, for the economic conditions to improve, and to provide the City of Miramar additional time to provide adequate resources, public information, and marketing regarding this issue. One of the primary legal, non-conforming sign types is the pole sign. These signs were outlawed in 1998 and subject to the amortization period for removal and replacement. Such signs were permitted to be replaced by monument signs. Since 1998, when almost 300 signs existed throughout the City of Miramar, all located east of Palm Avenue, more than half of these signs have been removed, through attrition, disrepair, natural disaster, redevelopment, road widening, and changes in business and property ownership. Other pole signs were removed due to being deemed illegal, non-conforming, having been erected by businesses without permits from the City. Other types of permanent, legal, non-conforming signs, such as wall signs with external raceways and box/cabinet signs, have been permitted to remain until changes in business ownership or logos subjected them to conformance to the current established design standards. As businesses in multiple-establishment centers, such as shopping centers and warehouse distribution buildings, changed over time, the new businesses were required to conform to the standards, while the existing, nonconforming signs would remain. Some non-conforming signs are currently permitted to remain until the building that they are attached to is renovated to meet the city s architectural design standards, due to architectural constraints that would prevent a different sign type to work in that PAGE 4 OF 7

15 PLANNING AND ZONING BOARD MEETING MINUTES situation. Non-conforming, temporary, off-premise, and specifically prohibited or exempt signs are constantly subject to immediate code compliance procedures. Staff recommends approval. Chairperson Thompson: are there any questions from the Board? Member Alshaier: why the extension? Will the code apply to pole signs? Mr. Alpert: in the current economic situation, where many businesses are struggling to pay rent, it may be difficult for business and property owners to comply, since it will be very expensive to replace pole signs and other non-conforming signs. As the economy continues to improve, it will become easier to deal with issues like this, so we are proposing to grant an extension at this time. Member Dr. Walker: they are getting a two-year extension, so will they come back for more extensions? Mr. Alpert: several departments are involved in the effort, such as Community Development, the Building Division, Economic Development and Revitalization, and the Code Compliance Division of the Police Department. We are developing a plan to conduct marketing and reaching out to business and property owners to come up with a plan, so that we can minimize code enforcement procedures, when the time comes. Staff is not expecting to propose another extension. Member Dr. Walker: you mentioned that a grant was in place. Is there anything else in the pipeline that will give assistance? Also, we should do more to educate the public on what is available to them. Mr. Alpert: You are absolutely correct. We need to do more to educate the public and find ways to assist them to reach a common goal of an improved economic and aesthetic environment. The proposed grant was from Florida Department of Transportation (FDOT) but it never transpired. Staff is always searching for grants and if any grants should come by we will pursue them, but at this time we have no knowledge of anything like that being available. We also plan to meet with the various property and business owners to educate and bring awareness to everyone involved. The pole signs that are located at various businesses are the responsibility of the property owners, not the individual business owners. Over the years, we have set up meetings and tried to bring in owners and tenants to educate them and work with them to help their businesses, including providing additional signs they could take advantage of that are permitted by code; however, from all the shopping center owners, only 2 have met with us. Chairperson Thompson: if their licenses are not renewed and the PAGE 5 OF 7

16 PLANNING AND ZONING BOARD MEETING MINUTES businesses cannot pay their rent to the owners, then that may help them to comply. Ms. Lundgren: it gets more complicated when you try to hold off on business tax renewals. However, at the end of this 2 year extension, then Code Compliance can issue violations to the businesses for the owners to comply and at that time Code Compliance procedures will take effect with the property owners. Chairperson Thompson asked for a motion to approve, on a motion by Member Minnis and seconded by Member Townsel, the following vote was recorded: AYE: Chairperson Thompson, Vice Chairperson Scialabba, Members Minnis, Pedlar, Townsel and Dr. Walker. NAY: Member Alshaier MOTION PASSED: 6-1 3) Application 13-LDC-05, Land Development Code Amendment, creating Land Development Code Section , providing regulations for the use and placement of charitable clothing donation bins. Presenter: Michael Alpert, Senior Planner Mr. Alpert stated that this amendment to the LDC proposes to provide a set of regulations pertaining to the placement, permitting and size of charitable clothing donation bins. The City has observed a proliferation of donation bins throughout the City, which are presently unregulated by the City, and the City Commission desires to regulate the use and location of donation bins to protect the health and safety of its residents. Staff finds that this amendment satisfies the criteria of Land Development Code (LDC) Section for amending the Code and therefore recommends approval. Member Townsel noted that the bins in those places are always overflowing and are not handled in timely manner. Mr. Alpert: you are absolutely correct. This ordinance includes measures to ensure property maintenance that are tied to the permit that is being issued. Ultimately, it makes the property owners responsible if the permitee does not PAGE 6 OF 7

17 PLANNING AND ZONING BOARD MEETING MINUTES comply with the regulations. Chairperson Thompson asked for a motion to approve, on a motion by Vice Chairperson Scialabba and seconded by Member Alshaier, the following vote was recorded: AYE: Chairperson Thompson, Vice Chairperson Scialabba, Members Alshaier, Minnis, Pedlar, Townsel and Dr. Walker. NAY: None MOTION PASSED: 7-0 VI. ADJOURNMENT The meeting was adjourned at 7:50 pm. Matthew Thompson, Chairperson PAGE 7 OF 7