Item Coversheet
City of Independence
AGENDA ITEM COVER SHEET
BILL NO. 20-0891R.

Agenda Title:

20-089 - 1R.  An ordinance amending the Unified Development Ordinance, Chapter 14, of the Independence City Code pertaining to Donation Bins and Centers.
Recommendations:

Commissioner Preston motioned and Commissioner Dreher seconded the motion to recommend approval. The Independence Planning Commission voted as follows:

Commissioner Dreher

 

-

Yes

Commissioner Preston

-

Yes

Commissioner Ferguson

 

-

Yes

Commissioner Weir

-

Absent

Commissioner McClain

 

-

Yes

Commissioner Wiley

-

Yes

Commissioner Michell

 

 

- Yes

 

 

 

 

The motion was approved 6-0 and such application is forwarded to the City Council for its consideration. 

Executive Summary:

The City proposes Amendment #44 of the Unified Development Ordinance (UDO) relating Donation Bins and Donation Centers.

Background:

This amendment modifies language to the UDO that adds permitting regulations for the placement of donation bins on properties within the City of Independence and provides clarity and standards for the bin materials, signage, maintenance, and violations. This amendment also addresses public safety concerns with entities newly defined as Donation Centers that have, on a continuous basis, donation drop-off locations and donation bins.  

The intent of the amendment is to bring City code in line with our peer communities.

The current UDO does address where donation bins may be placed along with the number of bins and maximum bin size. The current regulations also place the responsibility of the bin on the bin owner.

The current UDO does not clearly outline the standards a donation bin should have to promote the clear intent of what donated items the bin is for and how those donated items are to be protected after drop-off.

 

This amendment includes the specific maintenance expected of a bin owner by request of the City or property owner in which the bin is placed including the requirement to remove the bin and clean the site where the bin was placed after the completed use.

 

This amendment also includes the need for a permit to be obtained prior to the placement of a donation bin on allowable properties. Currently staff does not have the ability to contact the owner of any donation bins directly since staff is unaware of who may have donation bins on their property or who may be representing said donation bin. This amendment outlines the appropriate contact information for the placement of a bin through permit along with language for permit renewal.

 

Due to security concerns at places of business that have year round donation areas such as thrift shops and non-profit organizations, a section was added that addresses illegal dumping with criteria on lighting areas of drop off and donation bins along with a video surveillance system that may be used by authorities for possible investigations. A section of Article 2 was also modified to more clearly define a donation bin and the addition of a Donation Center.

 

Staff believes the proposed amendment is necessary to better serve business and property owners from donation bin operations that may cause undue damage on property in which a bin is placed along with nuisances to adjacent property owners while ensuring the Unified Development Ordinance is in step with peer communities.  While the proposed changes add a permit for the placement of a donation bin, a reasonable permit fee along with a grace period for Donation Centers that may not already be in compliance with these regulations has been considered.  

 

This amendment would eliminate the following sections in Article 4 of the UDO:

14-400-9 Donation Bins

14-400-09A

14-400-09B

14-400-09C

14-400-09D

14-400-09E

14-400-09F

14-400-09G

And add the following section:

14-422 Donation Bins and Donation Centers

14-422-01
14-422-02

14-422-03

14-422-04

14-422-05

14-422-06

14-422-07

14-422-08

14-422-09

 

This amendment would add the following sections in Article 2 of the UDO:

14-200-05-X Donation Centers

And modify the term “Donation Bins” under section 14-201-1 General Terms

 

Draft Planning Commission meeting minutes:

"Case 20-175-03 – UDO Amendment #44 – Donation Bins

 Rick Arroyo stated the City Council requested staff look at the existing donation bin ordinance. He stated the information on donation bins will now be in its own section of the Unified Development Ordinance.  He stated it adds a permitting requirement as well as clarifying wording for the signage and other regulations.  Mr. Arroyo stated more permanent donation areas will be defined as Donation Centers.  He stated this will bring us in line with both Blue Springs and Lee’s Summit’s regulations.  Mr. Arroyo stated donation centers will have added requirements for video surveillance and lighting to help curb illegal dumping.      He noted there will now be a permit with a small annual fee.

 

 Commissioner Preston stated he remembers when this topic was brought up previously.  He stated he believes these are great changes and is glad to see an annual permit required.

 

 In response to Commissioner Ferguson’s question, Mr. Ellena stated signage is currently required for donation bins. 

 

 In response to Chairwoman McClain’s question, Mr. Arroyo stated donation centers would have until July 1, 2021 to have light and surveillance cameras set up.

 

Public Comments

No public comment.

 

Motion

 Commissioner Preston made a motion to approve Case 20-175-03 – UDO Amendment #44 – Donation Bins.  Commissioner Dreher seconded the motion.  The motion passed with six affirmative votes."

Department:          Community DevelopmentContact Person:          Tom Scannell


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

Council Action:          Council Action:         

ATTACHMENTS:
DescriptionType
Draft OrdinanceOrdinance
Staff ReportBackup Material
UDO Changes Art 2Backup Material
UDO Changes Art 4Backup Material
Fee ScheduleBackup Material