HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/06/2018 - FIRST READING OF ORDINANCE NO. 129, 2018, AMENDINGAgenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY November 6, 2018
City Council
STAFF
Ted Shepard, Chief Planner
Judy Schmidt, Legal
SUBJECT
First Reading of Ordinance No. 129, 2018, Amending Land Use Code Section 3.25 Pertaining to Trash and
Recycling Enclosures for New Development.
EXECUTIVE SUMMARY
The purpose of this item is to adopt an updated section of the Land Use Code that pertains to trash and
recycling to implement current techniques and practices. This section was part of the annual update package
that was approved by City Council on June 5, 2018, but was removed for further refinement and outreach.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Land Use Code was first adopted in March 1997. Subsequent revisions have been recommended on a
regular basis to make changes, additions, deletions and clarifications. While most revisions are bundled and
adopted on an annual basis, other individual changes may occur as needed.
In the case of trash and recycling, these revisions were included in the Spring 2018 annual update but were
pulled for additional refinement and outreach primarily to address applications in the downtown area. The
recommended revisions now acknowledge and account for the unique characteristics associated with
downtown, particularly the operational aspects in the public alleys. These changes are designed to implement
current techniques and practices. They will be applied to new, or amended, land development applications
only and not to existing conditions.
CITY FINANCIAL IMPACTS
There are no new financial or economic impacts associated with these revisions.
BOARD / COMMISSION RECOMMENDATION
As noted, the proposed changes were included in the annual update package that was discussed and refined
in conjunction with the Planning and Zoning Board at various work sessions between February and April of this
year. At its April 19, 2018 public hearing, the Planning and Zoning Board considered the proposed revisions
and voted unanimously to recommend approval to Council. After the Board’s recommendation, and prior to
First Reading of Ordinance No. 063, 2018, on May 15, 2018, Section 3.2.5 regarding trash and recycling
enclosures was pulled from the package for additional refinement. As refined, Section 3.2.5 remains
substantively consistent with the Board’s April 19, 2018, recommendation.
Agenda Item 8
Item # 8 Page 2
PUBLIC OUTREACH
Public outreach began earlier in the year as part of the original Spring 2018 annual update package. Since
that time, additional in-depth outreach has been conducted with members of the development, business and
multi-family housing communities to further refine the proposed code language.
Presentations or conversations were held with both the Northern Colorado Rental Housing Association and the
North Fort Collins Business Association. Public outreach included contacting eight developers and land
planning consulting firms. Five of these firms participated in detailed discussions regarding the proposed
regulations including the Downtown Development Authority. Overall, the proposed Code language and
reasoning behind it was understood and supported.
Finally, the proposed revisions were listed on “This Week in Development Review,” beginning on October 22,
2018. This is the weekly online notice that is posted on the Planning Department’s website and sent to
approximately 435 subscribers.
ATTACHMENTS
1. Land Use Code-Trash and Recycling Summary (PDF)
2. Enclosures-Examples of Problem Areas (PDF)
Spring 2018 Land Use Code Revisions – Annual Update
Item 1067: Amend 3.2.5 – Trash and Recycling Areas – to update and clarify
standards in order to properly size functional systems to accommodate various
end-users and the expected number and type of containers. Also, to provide for
improved maneuvering for users and haulers and new waste streams such as
compost and cooking oil and other materials (returnable crates, pallets, etc.).
Problem Statement:
The current code section is in need of updating and enhanced specificity. The City’s
Neighborhood Enforcement Team, Code Compliance Officers, Zoning Inspectors, and
Environmental Services Staff have, over the last several years, discovered numerous
problems with trash and recycling areas that are not functioning at an optimal level. In
many cases, enclosures are not sized properly and do not provide safe or efficient
access for both users and haulers. Further, areas have been found that do not account
for regulations including the Cardboard Ordinance and the Community Recycling
Ordinance that requires all businesses and multi-family complexes to subscribe to
recycling by the end of 2020. Problems also occur when the development does not
provide adequate space for the quantity and type of materials that will be produced. .
These issues have been especially prevalent in the relatively new trend of student-
oriented, mid-rise apartment buildings where problems have been discovered that
effectively discourage recycling diversion.
Proposed Solution Overview:
A variety of proposed Code changes are recommended that address the following:
An acknowledgement that trash and recycling systems in the Downtown, served
by alleys, have unique attributes that differ from the rest of the City.
Standards will apply to single family attached dwellings that use a communal
waste collection system.
Add references to include compostable materials and waste cooking oil.
Add references to returnable crates, containers, pallets, etc.
ATTACHMENT 1
Ensure adequate space and functional pairing is provided for trash and recycling
Design for door-less, hands-free entry where feasible, and ensure
maneuverability within the enclosure for users.
Design for unobstructed access to enclosures and the containers, fully
operational gates, concrete service pads, methods to protect the enclosure from
damage and other maneuvering specifications for efficient and safe hauler
access.
For multi-story structures utilizing trash chutes require a second chute be
provided for recycling.
Design for effective containment of waste cooking oil to reduce risk of
contamination to the storm water system.
Photo #1: Enclosure was undersized and
does not provide adequate space for the
necessary volume of trash and recycling
containers.
Photo #2: Enclosure lacks a concrete service
pad in front of the enclosure for haulers to
wheel containers in and out for servicing.
Photo #3: Unenclosed and leaking waste
cooking oil container.
Photo #4: Enclosure provides a separate
pedestrian entrance but does not provide
space for internal circulation.
ATTACHMENT 2
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ORDINANCE NO. 129, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING LAND USE CODE SECTION 3.25 PERTAINING TO
TRASH AND RECYCLING ENCLOSURES FOR NEW DEVELOPMENT
WHEREAS, on December 2, 1997, by its adoption of Ordinance No. 190, 1997, the City
Council enacted the Fort Collins Land Use Code (the "Land Use Code"); and
WHEREAS, at the time of the adoption of the Land Use Code, it was the understanding
of staff and the City Council that the Land Use Code would most likely be subject to future
amendments, not only for the purpose of clarification and correction of errors, but also for the
purpose of ensuring that the Land Use Code remains a dynamic document capable of responding
to issues identified by staff, other land use professionals and citizens of the City; and
WHEREAS, since its adoption, City staff and the Planning and Zoning Board have
continued to review the Land Use Code and identify and explore various issues related to the
Land Use Code and have now made new recommendations to the Council regarding certain
issues that are ripe for updating and improvement; and
WHEREAS, the proposed changes to the Land Use Code pertaining to trash and
recycling requirements are to ensure the health and safety of the residents of development in
close proximity to oil and gas facility locations; and
WHEREAS, the City Council has determined that the recommended Land Use Code
amendments are in the best interests of the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 3.2.5 of the Land Use Code is hereby amended to read as
follows:
3.2.5 - Trash and Recycling Enclosures.
(A) Purpose. The purpose of this Section standard is to ensure the provision of areas,
compatible with surrounding land uses, for the collection, separation, storage, loading
and pickup of trash, waste cooking oil, compostable and recyclable materials. This
standard is supplemented by the Enclosure Design Considerations and Guidance
Document issued by the Director and available from the Department.
(B) General Standard Applicability. All development, to the extent reasonably feasible,
shall The following developments must provide adequately sized, conveniently located,
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and easily accessible trash and recycling areasenclosures to accommodate the specific
trash, compostable and recyclable materials and waste cooking oil needs of the
proposed use and future uses that are likely to occupy the development:
(1) new commercial structures;
(2) new residential structures using a common collection system for waste disposal;
(3) commercial structures that are proposed to be enlarged by more than twenty-five
(25) percent;
(4) residential structures using a common collection system for waste disposal that
are proposed to be enlarged by more than twenty-five (25) percent;
(5) commercial structures where a change of use is proposed; and
(6) all newly constructed enclosures.
(C) Regulations General Standards. The following regulations shall be applied to the
extent reasonably feasible:
(15) Areas for the collection and storage of trash, waste cooking oil, and
compostable, recyclable and other materials (linen service containers, returnable
crates and pallets, and other similar containers) Trash and recycling areas must
be enclosed so that they are screened from public view. The enclosure
shallEnclosures must be constructed of durable materials such as masonry and
shall be compatible with the structure to which it is associated. Gates on the
enclosures shall be constructed of metal or some other comparable durable
material, shall be painted to match the enclosure and shall be properly
maintained.
(2) The amount of space provided for the collection and storage of shall be designed
to accommodate collection and storage containers that are appropriate for the
recyclable materials generated. Areas for storage of trash and recyclable
materials shall Areas for the collection and storage of trash, waste cooking oil,
and compostable, recyclable and other materials must be adequate in capacity
size, number and distribution location to readily serve the development
project.
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reasonably anticipated needs of the development’s occupants.
(31) All new commercial or multi-family structures and all existing commercial or
multi-family structures proposed to be enlarged by more than twenty-five (25)
percent, or where a change of use is proposed, shall provide adequate space for
the collection and storage of refuse and recyclable materials.Development plans
must include labeled drawings of all proposed enclosures, internal trash and
recycling rooms, staging areas and the like and include all proposed dumpsters,
containers, bins and other receptacles and label the capacity of each. Proposed
recycling capacity must be at least fifty (50) percent of the proposed trash
capacity.
(43) Recyclable materials storage areas shall be located abutting refuse collection
and storage areas.To provide equal access for trash, compostable and recyclable
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materials, space allotted for the collection and storage of
compostable/recyclable materials must be adequate in size and provided
everywhere space for trash is provided in a functional manner.
(8) The property owner shall supply and maintain adequate containers for recycling
and waste disposal. Containers must be clearly marked for recycling.
(54) Each trash and recycling enclosure shall be designed to allow walk-in access
without having to open the main enclosure service gates.Areas for the collection
and storage of trash, waste cooking oil, and compostable, recyclable and other
materials must be designed to allow walk-in access for pedestrians separate
from the service opening that is at least thirty-two (32) inches wide and provides
unobstructed and convenient access to all dumpsters, containers, bins, and other
receptacles. Where possible, pedestrian entrances are encouraged to provide
door-less entry unless reasonable circumstances (preventing illicit
activities/usage, regulated waste streams, and the like) are demonstrated that
would necessitate doors. If doors are used, they must provide safe and efficient
access.
(6) Areas for the collection and storage of trash, waste cooking oil, and
compostable, recyclable and other materials must provide a service opening that
is at least ten (10) feet for haulers to efficiently maneuver dumpsters, containers,
bins and other receptacles unless an alternative and functional method is
demonstrated on the plan. Enclosures must provide service gates unless an
alternative and functional method is demonstrated on the plans that adequately
screen the enclosure from view. Service gates must be constructed of metal or
other comparable durable material, and must be finished to complement the
enclosure. Service gates must be free of obstructions that would prevent them
from opening fully, must have a method to be secured by hardware in both
closed and fully open positions, and must be properly maintained so they may
be operated easily and smoothly.
(7) Areas for the collection and storage of trash, waste cooking oil, and
compostable, recyclable and other materials, must include bollards, angle-iron,
curbing, metal framing or other effective method to protect the interior walls of
the enclosure from being damaged by dumpsters, containers, bins, and other
receptacles.
(86) Enclosure areas shall be designed to provide adequate, safe and efficient
accessibility for service vehicles.Areas for the collection and storage of trash,
waste cooking oil, and compostable, recyclable and other materials must be
designed to provide adequate, safe and efficient accessibility for haulers and
service vehicles, including but not limited to front-load, rear-load, side-load, and
roll off trucks and trucks used to pump waste cooking oil. Development plans
must label the route the hauler will take to service the development and must
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comply with necessary turning radii, width, and height restrictions for the type
of collection vehicles that will service the development.
(97) Enclosure areas shall be constructed on a cement concrete pad.To ensure
wheeled service dumpsters, containers, bins and other receptacles can be rolled
smoothly and to prevent damage to the surfaces they will be wheeled over,
enclosures must be situated on a service pad that extends beyond the service
gates at their fully open position at least the width of the widest proposed
dumpster, container, bin and other receptacles plus an additional two (2) feet. If
the truck access point is separated from the storage location, a serviceable route
that is free of obstructions must be provided and shall not exceed a maximum
grade of five (5) percent in the direction of travel and two (2) percent cross
slope. Areas for the collection and storage of trash, waste cooking oil, and
compostable, recyclable and other materials, service pads and serviceable routes
must be constructed of cement concrete. For offsite conditions such as existing
public alleyways, this standard will only apply to the extent reasonably feasible.
(10) To provide equal access to trash and recyclable materials, multi-story buildings
utilizing trash chutes must include a recycling chute of the same size or larger
than the trash chute. Anywhere a trash chute is provided a recycling chute must
also be provided adjacent to it. Chutes must be appropriately labeled “Landfill”
and “Recycle” as appropriate.
(11) Where proposed uses and future uses that are likely to occupy the development
will generate waste cooking oil, internal waste cooking oil collection systems
are encouraged. All areas used to store waste cooking oil must include measures
to prevent spills and contamination of the stormwater system. Waste cooking oil
containers must be secured in place, enclosed separately, or separated from
other containers with bollards or another physical barrier. To prevent rain water
from carrying residual waste cooking oil into the stormwater system, all areas
used to store waste cooking oil must include a roof unless an alternative and
functional method is demonstrated on the plans.
Introduced, considered favorably on first reading, and ordered published this 6th day of
November, A.D. 2018, and to be presented for final passage on the 20th day of November, A.D.
2018.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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Passed and adopted on final reading on this 20th day of November, A.D. 2018.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk