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Home My WebLink AboutWS Item 01 - AM14-03 Charitable Donation Collection CentersMEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS FROM: BRUNO RUMBELOW, CITY MANAGER � SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR SUBJECT: AM14 -03 WORKSHOP — DISCUSS CHARITABLE DONATION COLLECTION CENTERS RECOMMENDATION: Council to discuss charitable donation collection receptacles and take any action. For many years, charitable organizations have placed collection boxes in Grapevine. These have typically been small boxes, approximately 4' long by 4' wide and 7' tall. The boxes are most often placed in parking lots of businesses, charitable and religious organizations. Rarely has staff been contacted by the organizations placing the boxes or by the property owners where the boxes are placed. The one time the Development Services Director can recall being asked, his response was, "the City does not currently regulate these small receptacles, however, that is subject to change at any time." Staff has not addressed these receptacles as buildings. Most of these donation boxes would not meet building codes or zoning ordinance regulations. None of the boxes would meet masonry or foundation requirements, and most would not meet setback requirements. With that said, staff cannot recall ever receiving a single complaint regarding these receptacles. Recently, however, a very large structure was placed in front of a business on South Main Street. This structure was a converted storage building and approximately 10'x 12' and placed directly in front of the business, in a parking space, and was very unsightly. Although the Development Services Director met with the property owner and had the structure removed, Council Members Spencer and Lease asked that Council have a workshop to discuss regulation of these structures. Staff will present regulations enforced by other cities, and if Council wishes, will be prepared to work with the Planning and Zoning Commission on amending ordinances to regulate these structures. \zCUWM14 -03.4 3/27/2014 9:02:48 AM City of Hurst does not allow City of Southlake a. A donation bin shall be permitted only as an accessory use to the principal use established on the lot or tract of land. b. The applicant must disclose the intended recipient of collected items and the percentage of funds collected or goods collected which will be paid or given to a charitable organization. c. The applicant must submit written permission of property owner consenting to the erection and maintenance of the donation bin. Cl. The specific use permit shall provide that the permit holder shall: 1) keep the area around the bin free of litter; 2) remove graffiti from the bin within 48 hours of discovery; and 3) maintain the bin painted or otherwise unrusted and undented and in good repair. e. A minimum lot size of 43,560 square feet is required to locate a bin. f. No more than one bin may be maintained on a lot. g. A bin shall not be located closer than 1,000 feet to another bin. h. A bin must be at least 300 feet from the property line of a school. i. The location of a bin shall not reduce the minimum parking requirements or effectiveness of landscaped areas within the site. j. A bin shall not exceed a capacity of 512 cubic feet. k. A bin must be cleared of contents at least once every two (2) weeks. I. Bins must safely designed in a manner that prevents the tipping over and prevents children from entering inside the bin. m. Each bin shall bear the name and phone number of the owner and all charitable organizations which benefit from the collected materials. n. All collected items must be fully contained within the bin. o. A bins shall be located on a paved surface. 1) Definition —Any structure or container which has four walls, a roof and a floor, not to exceed the dimensions of six feet, one inch (6'1 ") in width or depth, nor shall exceed seven feet (7') in height, which is used for the donation of clothing. Said structure or container shall be of adequate weight to withstand typical weather conditions as to not be moved within a parking lot by wind. The structure or container must be built substantially enough, as to not pose any public threat, and be painted or finished in a way that is visually coherent and conducive to its environment. 0:\ZCU \1 Surveys \Donation Bins\2014 Donation bins.doc Created on 3/11/2014 4:09 PM Conditions a. Clothing Donation Containers shall be allowed as an ancillary use in any non- residential zoning district ( "S ", "L ", "H ", and "I ") by right. Clothing Donation Containers may be allowed as a permanent ancillary use on a residentially zoned lot being used for a non - residential use by being included in the required Specific Use Permit (SUP) for development. b. The placement of a Clothing Donation Container shall be behind the required building line setbacks and shall not impede traffic nor visually impair any motor vehicle drivers from a public street. c. A Clothing Donation Container shall not be located in any required landscaped area or bufferyard area, and shall not be located within fifty feet (50') of a property being used for residential purposes. d. A Clothing Donation Container shall not be located in any parking space required to meet the minimum parking requirements for a site and may not be located in any platted or dedicated access easements or fire lanes. e. No more than two (2) Clothing Donation Containers shall be placed on a platted lot. There must be a minimum distance of two hundred feet (200') between Clothing Donation Containers placed on adjacent lots. f. No specific landscaping, screening fences or walls are required around Clothing Donation Containers, but aesthetically pleasing site design considerations are encouraged. g. All signage on each Clothing Donation Container shall be in compliance with the Bedford Sign Ordinance. h. The organization owning the Clothing Donation Container must be registered and operating in the State of Texas as a non - profit (501c3) corporation. i. The organization must have the written authorization from the business owner, or whose property the Clothing Donation Container will be placed. j. The organization shall employ a staff of full -time, paid drivers, to collect the contents of the Clothing Donation Container. k. The Clothing Donation Container must have its contents removed, minimally six days per week, 52 weeks per year. I. The visual aesthetics and structural integrity of the container must be maintained continuously. m. More than (3) complaints from citizens, in a one (1) month period, regarding a specific Clothing Donation Container, will result in the permit being revoked. The complaints must be validated as being legitimate, from the City of Bedford, Building Inspection Division. n. The organization must maintain general liability insurance for each Clothing Donation Container, at a minimum level of one million dollars ($1,000,000.00) holding the city and business owner harmless. 3) Application a. The organization must apply for a permit, and submit a fee not to exceed $25.00 for each Clothing Donation Container. 0:\ZCt1 \1 Surveys \Donation Bins\2014 Donation bins.doc Created on 3/11/2014 4:09 PM b. Provided that the above written conditions are met, each permit shall be valid for a period or twelve (12) months, from the date first issued. c. Each application must include a diagram of the proposed location, within the business's parking lot or property, including any screening or landscaping proposed. The location and specific site design features of the Clothing Donation Container placement must be approved by the City Manager or his /her designee. i. A copy of 501c3 form certifying them as a State of Texas non - profit corporation. ii. Written authorization from business owner iii. Copy of liability insurance per location. City of Colleyville — Temporary Use Permit, 30 days. Cannot take up required parking. City of Coppell — We do not have any special regulations associated with donation bins. With the requirement that they be 80% masonry and provide parking and landscaping, we haven't had any come in legally. City of Keller — The permissions for utilizing any type of outside storage are dependent on the zoning districts. After reviewing our district classifications in the City of Keller's Unified Development Code, most residential zones prohibit the use of outside storage except for materials for the resident's personal use. Most non - residential districts require a Specific Use Permit for any outside storage. I have also included a link to Article 8 of the Unified Development Code for your review. hftp: / /www.cityofkeller.com/ modules /showdocument.aspx ?documentid =9575 OAZCU \1 Surveys \Donation Bins\2014 Donation bins.doc Created on 3/11/2014 4:09 PM