Title
Approving an ordinance on second reading with the caption reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PFLUGERVILLE, TEXAS, DECLARING DONATION CONTAINERS TO BE A NUISANCE; PROVIDING FOR ABATEMENT; PROVIDING FOR CRIMINAL PENALTIES; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR PROPER NOTICE AND MEETING; AND PROVIDING FOR AN EFFECTIVE DATE.
Summary
The Planning Department held a public hearing during the February 6, 2012, Planning and Zoning Commission meeting to receive feedback on text amendments to the Unified Development Code (UDC), Subchapter 7 General Regulations and Subchapter 20 Definitions. These amendments would allow Donation Containers in Office, Retail, and Commercial zoning districts as a Temporary Use, and would add a definition for Donation Container to the UDC.
Through research of other communities that regulate these containers along with feedback from the Planning and Zoning Commission, the Commission recommended amending the Temporary Use regulations to allow for Donation Containers through the issuance of a temporary permit valid for a duration of one year. In addition to a temporary permit, donation containers will be subject to provisions that regulate their size, location, and appearance. Staff has included the following requirements in the ordinance: sign on the donation container indicating hazardous material prohibited, city contact information on the container, collection times at least twice per month, and requiring donation containers to be fully enclosed.
In addition, staff research has revealed that some donation containers are used to solicit donations for both profit and not for profit purposes. The Commission raised concerns about this but did not incorporate any provisions in the proposed ordinance to distinguish these purposes.
Status
The proposed ordinance regulating donation containers was tabled at the March 27, 2012 City Council regular meeting following the public hearing. Council discussion indicated a desire to prohibit donation containers altogether. As a result the attached ordinance was drafted by the City Attorney that declares donation containers a nuisance and permits the city to seek enforcement upon the effective date. Implementation of this ordinance will occur over a 90-day grace period upon approval of second reading in which Code Enforcement staff will have the lead role. Since approval of first reading on May 22nd, nine locations and 12 donation containers have been identified. Based on the information on the containers, they are owned by four different entities. Owners of the containers and property owners will be contacted to remove the containers and a copy of the ordinance will be provided. For any new containers identified subsequent to this notification effort, enforcement will commence immediately.
Prior City Council Action
Consideration of this ordinance was requested by Mayor Pro Tem Victor Gonzales. The ordinance was approved on first reading on May 22, 2012.
Deadline for City Council Action
N/A
Projected Future City Council Action
No additional action is anticipated.
Fiscal Impact
No additional fiscal impact is associated with the implementation of this ordinance.
Planning and Zoning Commission Recommendation
At the February 6th Planning and Zoning Commission meeting, the Commission voted for approval of the text amendment with the inclusion of the following items: sign on the donation container indicating hazardous material prohibited, city contact information on the container, collection times at least twice per month, and requiring donation containers to be fully enclosed. Staff recommends that City Council consider limiting the donation containers to only those for not-for-profit purposes, or prohibiting donation containers altogether.
Drafter
Trey Fletcher, AICP
Assistant City Manager