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File #: ORD-0098    Version: Name: Donation Bin
Type: Ordinance Status: Approved
File created: 1/4/2012 In control: Planning Dept
On agenda: 6/12/2012 Final action:
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.
Attachments: 1. Proposed ordinance for May 22, 2. Original Staff Report, 3. Previously Proposed Ordinance Recommended by the Planning & Zoning Commission
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...

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