HomeMy WebLinkAboutOrdinance 3546 FILED rC ' r� ECORD
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91 RPR 25 P/7 y 01
ORDINANCE NO . 3546 � fj
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YCLI_ ; EYER
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AN ORDINANCE AMENDING TITLE XV , CHAPTER 160
CODE OF FAYETTEVILLE , PROVIDING FO
REGULATING AN E- 1 COMMERCIAL EXTRAC 1� ;IR 0 17t r ? D
DISTRICT .
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE , ARKANSAS :
Section 1 . That Title XV , Chapter 160 of the Code of
Fayetteville entitled " Zoning Code " is hereby amended by adding the
following :
160 . 043 District E-1 : Extraction District
( A ) Purposes . The Extraction District is designed
to provide areas for the commercial removal of
natural accumulations of sand , clay , silt ,
gravel , rock or any mineral where such removal
may cause groundwater problems , noise , dust ,
traffic problems , erosion , and safety
concerns .
( B ) Uses Permitted
Unit 1--City Wide Uses by Right
Unit 30--Extractive Uses
( C ) Uses Permissible on Appeal to the Planning
Commission
Unit 2 -- City Wide Uses by Conditional Use
( D ) Bulk and Area Regulations . Setback lines
shall meet the following minimum requirements .
From all property lines ( including street frontage )
when contiguous to all R districts . . . . 200 feet
From all property lines ( including street frontage )
when contiguous to P , A , C and I
districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 feet
Minimum lot size . , , . . 11111 , . . " 111 " . . 10 acres
Lot width minimum-- The proposed development shall
have at least 200 feet of frontage on a state road
or other adequate means of access compatible with
sound land use planning principles .
LIBER141IPAGEOut
160 . 122 Extraction :
( A ) Extractive uses are generally incompatible
with other land uses and cannot be permitted
as a use by right in any district . Such uses
are to be considered by rezoning request . In
an Extraction District , no building or
premises shall be used and no building shall
be erected or altered except for one or more
of the following uses :
( 1 ) Extractive Uses as described in Use Unit 30 ;
( 2 ) City Wide Uses by Right as described in Use
Unit 1 ;
( 3 ) Park , playground , or preserve operated on a
non-commercial basis .
( 4 ) Accessory uses and buildings
Extractions which occur in association with
development activities and not for the primary
purpose of exporting earth products ( any
material of commercial value found in the
earth ) shall be subject to the Excavation and
Grading Ordinance without requirement for
Extraction District rezoning .
( B ) Operational requirements . operations at the
site shall not create unusual traffic hazards
or the need for special public improvements ,
nor the need for special protection , repair or
maintenance of adjacent property . Blasting
operations shall be limited to Mondays through
Fridays between 8 a . m . and 5 p . m . Creation of
undrained pockets and stagnant pools shall be
avoided to the maximum extent . The operation
of machinery ( other than extraction equipment )
such as sorters , crushers , or other processing
devices shall not be permitted within 500 feet
of any lot lines . While excavation is in
progress , effective steps shall be taken to
control erosion of disturbed areas . Such
measures may include seeding , mulching ,
screening , stabilizing or other cover as
appropriate .
( C ) Fencing and Screening . Where deemed necessary by
the Planning Commission , approved safety fences
shall be provided . In addition , where deemed
necessary to protect abutting property from
diminution of land value or use , the Planning
Commission may require approved fencing and/or
screening of at least 75 % opaqueness .
[IB[F, 1411PAGES' 06
( D ) Rezoning application . The application shall
include the following :
( 1 ) A letter from the State Dept . of Pollution
Control and Ecology stating whether the
proposed operation is subject to or not
subject to the Arkansas Open Cut Reclamation
Act .
( 2 ) Development Plan . The plan for development ,
shall show the proposed development as planned
and staged , in relation to surrounding
property and shall include topographic
surveys indicating present conditions
( including drainage ) and the conditions
( including topography , drainage and soils to
be left at the end of the extraction phase .
Contour intervals shall be 5 feet .
The plan for development shall demonstrate the
feasibility of the operation proposed without
hazards or damage to other properties because
of increased flooding or runoff , undesirable
rise or reduction in ground water levels ,
erosion , or undermining or settlement in
adjoining areas . This plan shall also show
important locational aspects of the stages of
exploitation , where and how traffic will be
handled , where equipment will be operating ,
the location and dimension of structures ,
safety safeguards , depth of excavation and
hydrogeology in the area .
( 3 ) Plan for reuse . A site plan of the restored
property , showing its proposed future use
shall be submitted . Such proposed reuse shall
be compatible with surrounding property .
Where conditions are suitable , permanent lakes
may be permitted , but intermittent lakes and
marshes shall not be allowed .
Excavation shall be phased so that no more
than 10 acres shall be in use or unrestored at
any time . Restoration standards shall conform
to Section 7--Land Alteration Guidelines of
the Excavation and Grading Ordinance and shall
result in conditions appropriate for the
planned reuse of the site .
Section 2 . That § 160 . 055 of the Code of Fayetteville
entitled " Establishment ; Testing" is hereby amended by adding the
following :
LIBER 1411PRGE807
160 . 055 ( DD ) Unit 30 Extractive Uses
( 1 ) Description . Unit 30 consists of extractive uses
which generate substantial nuisance and adverse
environmental effects .
( 2 ) Included Uses
Mining : Other :
Coal and Ores Rock Crushing
Clay , Sand and Silt Sorting and washing
Rock and Gravel of Earth Products
Other Minerals
Petroleum Extraction
Natural Gas Extraction
( 3 ) Off-Street Parking areas adequate for all
employees , trucks and equipment shall be provided .
( 4 ) Extractive uses shall be subject to additional
conditions as described in Section 160 . 122 .
PASSED AND APPROVED this 16th day of April , 1991 .
APPROVED :
By : � DD�
?
no 0tri Mayor
�.p '.,r.
t
' • ,City „C rk
s.7ilW.
Lim 1411PAGE808
1, Alma Kollmeyer, Circuit Clerk and
&.officio Recorder for Washington County,
Arkansas, do hereby certify that this in-
rahvmcm v.,os fled for record in my office
at inc!icc.tcd h�rcon and the some is now
duly rocorlod kv.ih tho ocknowladgemont
and cert:::cate "hereon in Record Book and T�.r
Face as inc',cicd thereon. CERTMCATE ®E t_ EL
Iri WG':":;5 \JH:.C.;F, I have hereunto =� OIRD
ta
set my hand and affixed the scol of said `C' tc'• Qf .Arliengpg
CIL1
Court on the crate indicated hereon. y PiY' ,7agetteville ( SS
Sherryk;omaSP City Clerk and Ex.
A!mo Ko!!meyer �fficlo recn rdor for the Cit of
Circuit C!erk and Fayetteville, do aereby certify that the
FY.-officio r:ecordor a M3*d or foregoing :S Of record in my
office and the same appears in
yJ OMtnance the
b(,, !- A ✓ at
3 Witness >aAy '-1 and
19- 9� y of -- -
erk an ifs-officio
O_R D I NA NCEiNO43546an
I AN ORD INANCE,NIAMEN-
D t, N G TndfeTr.LeEe!%•Vr.
I C14APTE Rrot160;1E00E .OF
FAY ETiTEV ilk sPRO'- I
I V I D I'N G „F.,D.n,.n .N D STATE of ARKANSAS
RE .G AN- E -1i Be.
CONIMERCIAL,t. EXT RAC- I County of Washington
TION DIS'TRICrp.
BE IT ORDAINED BY , (�
THE BOARD OF ,1 1 ^ � ��t/fi d
TORS OF THE CITYTY OF
OF IvV'
F A Y E T T E V I L L E , I, - hereby Certify that I
ARKANSAS: am the publisher of PHE NORTHWEST AR NSAS TIMES, a daily newspaper
Section 1. That Title a of having a second class mailing privilege, and bel not less than four
Chapter 160 of t code of , B B P 6 n6 pages of
' Fayetteville entitled •eon- five columns each, published at a fixed place of business and at a fixed (dally)
ing Code" IS hereby amend- intervals continuously in the City of Fayetteville, County of Washington, Arkansas
ed by adding the following:
160.043 District E-1 : Extrac. for more than a period of twelve months, Circulated and distributed from an
tion.District established place of business to subscribers and readers generally of all classes
(A) Purposes. The Extrac-
tion District is designed to in the City and County for a definite price for each copy, or a fixed price per
provide areas for the com- annum, which price was fixed at what Is considered the value of the publication,
mercial removal of natural
accumulations of sand, clay, based upon the news valueand service value It contains, that at least fifty percent
accumulations
silt, gravel, rock or
any of the subscribers thereto have paid cash for their subscriptions to the newspaper
mineral where such removal or its agents or through recognized news dealers over a period of at least six
may cause groundwater
problems, noisef. dust, traf- months; and that the said newspaper publishes an average of more than forty
fic problems, erosion, and percent news matter.
Safety concerns.
(B) Uses Permitted
Unit 1--City wide Uses by I further certify that the legal notice hereto attached in the matter of
Right
Unit 30--Extractive Uses
(C) Usest Permissible on
Appeal to the!- Planning
commiulon,�
Unit 2--CItY .Wide Uses by , /
Conditional Usewaspublished in the regular daily issue of said newspaper for
(D) Bulk and AreaIRegula-
tions. Setback lines shall Consecutive Insertions as follows:
meet the followingmini-
mum
inl- n q.��
mumrequirements.. The first insertion on the �4( da of L_L41� 19 ZL__
From all property lines (In- Y ` 0
cluding street frontage)
when contiguous to all R , the second Insertion on the day of 19
districts....200 feet
From all property lines (In- '
cludinq street frontage) , the third insertion on the day of 19
when contiguous to P, A, C
and I districts...........100feet
Minimum lotsize.....loacres and the fourth insertion on the day of 19
Lot width minimum--The
proposed development shall
have at least 200 feet W'fron-
lage on a state road or other
adequate means of access
compatible with Sound land Sworn to and subscribed before me op, this day of
I
us'eplanning Principles.
160.122 Extraction:
1601 Extractive uses are -
generally incompatible with
other land uses and cannot
be permitted as a use by - —
right in :any district. Such , of ry Publice
1 uses are to be considered by
rezoning request. In an Ex-
traction District# no building My Commission Expires:
. or premises shall be used
and no building Shall be
erected or altered except for
one or more of the following
uses:
(41 ) Extractive Uses es
described In Use Unit 30;
(2) City Wide Uses by Right /
asdescribed In use Unit l; Fees for Printing S
T3) Park, playground, or
preserve operated on a nook
lcommercialbasis. Cost of Proof —. S
14(4) Accessory uses and
I ;buildings.
I , Extractlom which occur 'Dotal S �
In ass6cietidn with devel-
opment activities and not for
The prlmafy purpose of ax-
porting earth products (any
material . fof commercial
value found, in the earth)
shall be sub(ect to the Ex-
cavation and .Grading ordi-
nance without requirem"t
for Extraction District
rezoning.T ' 1
' (B) ' Operational require-
ments. Operations at the site
'Shall no11CJeafe unusual
iffic hazard`s orithe need
for apeclet pu1311t improve-
ments, nor the need for
special protection, repair or ,
maintenance of adjacent
property. Blasting opera-
tions shah be limited to
Mondays through Fridays
between a a.m., and 5 P.M.
.d
i Creation of unarained
Pockets and stagnant pools
shall be avoided to the ma$-
Imum extent. The operation '
of machinery (other than ex-
traction equipment) such as
sorters, crushers, or other (1) Description. Unit 30 con.
processing devices shall nqt silts of extractive use
be permitted within 500 feet which generate substantial
of any lot lines. While ex- nuisance and adverse @a-
cavation Is in progress, af- vlronmentaleffects.
fective steps shall be takajt (2) Included Uses
to control erosion of dlsturD- Mining: - Othet:
ad areas. Such measures Coal and Ores Rock Crushing
may include seeding, Clay, Sandand Sortingand
mulching , screening'• Slit Washing
stabilizing or other cover as Rock and of Earth
appropriate. 4 Gravel Products
(D) Rezoning application. Other Minerals 1
The application shall Inclu& Petroleum Extraction
the following: a Natural Gas Extraction
(1) A letter from the State (3) Off-Street Parking areas
Dept. of Pollution Control adequate for all employees,
and Ecology stating whether trucks and equipment shall
the proposed operation (s beprovlded.
subject to or not subject to (4) Extractive uses shall be
the Arkansas open Cut Ree- subject to additional condi.
larnation Act. Itions as described In Section
(2) Development Plan. Tip )x0.122.
plan for development, shall PASSED AND APPROVED
show the proposed develop- this 16th day of April, 1991.
ment asplanned and stateA, APPROVE[:
In relation to surrounding By: Fred S. Vorsenpp
property and shall Include Maya}
topographic surveys In- ATTEST:
dicating present conditions By: Sherry L. Thomas
(including drainage) and We City Clerk
conditions (including topog- Seal
raphy, drainage and soils 10
be left at the antl of the aR-
traction phase. Contour Iq-
tervals shall be 5 feet. 1.
The plan for development
Shall demonstrate the feasl-
bllity of the operation P+
posed without hazards or
damage to other properties
because Of increased
flooding or runoff,
undesirable rise or reduc-
tion In ground water levels,
erosion, or undermining er C
settlement in adjoinlRg
areas. This plan shall Ship
show Important locational
aspects of the states Of ex-
ploitation, where and hOW
traffic will be handled,
where equipment will be
operating, the location and
dimension of structures,
safety safeguards, depth bf
e x c a v a t I 0 n a IIA
hydrogeology in the area. .
(3) Plan for reuse. A site
plan of the restored proper-
ty, showing Its proposed
future use shall be submit-
ted. Such proposed reuse
shall be compatible with
surrounding property.
Where conditions are suit-
able, permanent lakes may
be permitted, but Intermit-
tent lakes and marshes shall
not be allowed
Excavation shall be phas-
ed so that no more than 10
acres shall be in use or
unrestored at any time. Res-
toration standards shall co-
form to Section 7.-Land
Altercation Guidelines of the
Excavation and Grading
Ordinance and shall result fJl
conditions appropriate for
the planned reuse ot the site:
Section 2. That 5160.055 Of
the Code of Fayetteville ad-
titled " Establishmen9:
Testing" Is hereby amended
by adding the following:
160.055(DD) Unit 30 Extra;-
five Uses
