Item Coversheet
City of Independence
AGENDA ITEM COVER SHEET
BILL NO. 18-0151st R

Agenda Title:

18-015 -1R. An ordinance amending the Unified Development Ordinance, Chapter 14, of the Independence City Code which will create additional regulations for donation bins and allow for removal of non-compliant donation bins.
Recommendations:

Commissioner Preston made a motion to recommend approval of the proposed amendment with adding the word ‘operating’ in front of “…business with a valid City business license” in Section 14-400-09-A.  A second to the motion was made by Commissioner Read. The Independence Planning Commission voted as follows:

Commissioner Goldesberry

-

No

Commissioner McClain

-

Yes

 

Commissioner Ashbaugh

-

Yes

Commissioner Preston

-

Yes

 

Commissioner Boley

-

Yes

Commissioner Read

-

Yes

 

Commissioner Ferguson

-

Absent

 

 

 

 

 

The motion for approval passed with a 5-1 vote and such application is forwarded to the City Council for its consideration.  

 

Staff recommends approval of the adoption of the proposed amendment. 

Executive Summary:

A request to adopt Amendment #30 to the Unified Development Ordinance (UDO) which will create additional regulations for donation bins and allow for removal of non-compliant donation bins.  

Background:

In continuing efforts to improve the overall appearance of the City, this amendment is proposed to require that all donation bins which are located in commercial and industrial zoned areas are accessory to an active and open business.  The Planning Commission reviewed this amendment at its October 10 and October 24, 2017 meeting, and at its meeting on the 24th, the motion for approval failed with a 2-3 vote and such application was forwarded to the City Council for its consideration.  At its November 20th, 2018 meeting, the City Council remanded this proposed amendment back to staff and the Planning Commission to address concerns Council had regarding the number of donations bins allowed per property, their appearances along major corridors, and the enforcement process.

 

Currently, donation bins may be located in parking lots of closed businesses.  In these situations, there is little to no oversight on the donation bin, and has led to donation bins that are filled to capacity, and overflowing onto the ground around the donation bin.  This proposed amendment will assist in the City’s effort to improve the overall appearance of the City by providing a level of oversight on these donations bins from open businesses.

 

Additionally, current code allows for sites of one (1) acre or less to have up to two (2) donations bins, while sites over one (1) acre can have up to five (5) donation bins.  This proposed amendment would decrease the total number of allowable bins; allowing no more than one (1) donation bins on sites five (5) acres or less, and no more than two (2) donations bins on sites over five (5) acres.  Furthermore, this proposed amendment clarifies that donation bins shall not be placed in the right of way and adds a requirement that they shall be setback a minimum of 100 feet from any right-of-way line. 

 

This amendment also adds a new subsection (14-400-09-F), which gives guidelines for the removal of a non-compliant donation bin.   The new revised section would still handle the removal of abandoned and non-compliant donations bins through the city’s enforcement process, however, the responsibility of the removal of the donation bin would now fall onto the donation bin owner, and not the property owner. 

 

Draft Planning Commission minutes are attached to this Council agenda item.


Department:          Community DevelopmentContact Person:          Tom Scannell


REVIEWERS:
DepartmentAction
Community Development DepartmentApproved
Community Development DepartmentApproved
Finance DepartmentApproved
Finance DepartmentApproved
Law DepartmentApproved
City Managers OfficeApproved
City Clerk DepartmentApproved

Council Action:          Council Action:          Accepted

ATTACHMENTS:
DescriptionType
Draft OrdinanceOrdinance
UDO ChangesBackup Material
Staff ReportBackup Material
Draft PC SummaryBackup Material