Commissioner Nesbitt made a motion to recommend approval of UDO Amendment #62 Donation Bins.  A second to the motion was made by Commissioner L. Wiley.  The Independence Planning Commission voted as follows:

Commissioner Nesbitt – Yes

Commissioner H. Wiley – Yes

Commissioner L. Wiley – Yes

Commissioner McClain – Yes

Commissioner Ferguson –Yes

Commissioner Ashbaugh -Yes

Commissioner O’Neill - Yes

The motion passed; the amendment is forwarded to the City Council for its consideration. Staff recommends approval of this UDO Amendment #62 Donation Bins.

The City proposes Amendment #62 of the Unified Development Ordinance (UDO) related to Donation Bins.

The UDO related to Donation Bins and Donation Centers was last modified by Council in December 2020. This amendment clarifies language in Section 14-422-03, Maximum bin area, by considering bins exceeding the maximum height or area as a non-residential building that must comply with the standards in Section 14-506-01 of the UDO.  Section 14-5-6-01 of the UDO regulates nonresidential building design and materials.

Section 14-422-10, Enforcement, has been added to section 14-422 of the code to better clarify enforcement action by City staff or the City’s contractor for donation bins found in violation of the code.

Section 14-422-11, Abatement, has been added to section 14-422 of the code to better clarify the code official’s authority to abate donation bins on public or private property as allowed by this code section. 

Staff believes the proposed amendment will better serve our community and allow the City to better regulate and gain compliance with these uses.

Draft Planning Commission minutes:

"Case 23-175-08 – UDO Amendment #62 – Donation Bins

Staff Presentation

Rick Arroyo presented the proposed amendment to the UDO.  He advised the UDO related to Donation Bins and Donation Centers, was last modified by Council in December of 2020. This amendment clarifies language in Section 14-422-03, Maximum bin area, by considering bins exceeding the maximum height or area as a non-residential building that must comply with the standards in Section 14-506-01 of the UDO.  

Section 14-422-10, Enforcement, has been added to section 14-422 of the code to better clarify enforcement action by City staff or the City’s contractor for donation bins found in violation of the code.

Section 14-422-11, Abatement, has been added to section 14-422 of the code to better clarify the code official’s authority to abate donation bins on public or private property as allowed by this code section. 

Mr. Arroyo stated the proposed amendment will better serve our community and allow the City to better regulate and gain compliance with these uses.

In response to Commissioner L. Wiley’s question, Mr. Arroyo said this change ensures that the City has abatement authority and the ability to recover those costs. 

Public Comments

No public comments.

Motion

Commissioner Nesbitt made a motion to approve Case 23-175-08 – UDO Amendment #62 – Donation Bins.  Commissioner L. Wiley seconded the motion.  The motion passed with seven affirmative votes."