HomeMy WebLinkAboutOrdinance 5352 ORDINANCE NO. 5352
AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE CHAPTER
151: DEFINITIONS AND CHAPTER 162: USE CONDITIONS TO CREATE
DEFINITIONS FOR COMMUNITY RECYCLING DROP-OFF FACILITIES AND
CENTERS FOR COLLECTING RECYCLABLE MATERIALS AND TO ALLOW
SUCH USES IN APPROPRIATE ZONING DISTRICTS.
WHEREAS, the City of Fayetteville currently operates a center for collecting recyclable
materials, and
WHEREAS, both the City of Fayetteville and private businesses operate recycling drop-off
facilities within the City,and
WHEREAS, the City of Fayetteville recognizes that recycling drop-off facilities and recycling
centers should be defined according to their scale and by the nature and intensity of their use, and
WHEREAS, the City of Fayetteville recognizes that all recycling facilities should be permitted
only by Conditional Use Permit in appropriate Zoning Districts:
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby amends the Unified
Development Code Chapter 151: Definitions by adding the following definitions in §151.01 as shown
below:
"Community recycling drop-off facility. (Zoning) A facility designed to be a collection
point where only pre-sorted recyclable materials are dropped off and temporarily stored
prior to delivery to a center for collecting recyclable materials for processing. A
community recycling drop-off facility is intended for household or consumer use. This
facility can be temporary and/or mobile or a permanent installation that is the principal
use."
"Center for collecting recyclable materials. (Zoning)A facility that is not a salvage yard
and in which recoverable resources, such as paper products, glass, aluminum, metal cans,
and other products are processed for recycling. Processing may include the preparation of
materials for efficient shipment by such means as baling, compacting, flattening,
grinding,crushing and mechanical sorting.
Page 2
Ordinance No.5352
Section 2. That the City Council of the City of Fayetteville,Arkansas hereby amends the
Unified Development Code Chapter 162: Use Conditions by adding "Community Recycling
Drop-off Facility"to §162.0l(B)(2)Public and Private Facilities.
PASSED and APPROVED this 7t`day of September,2010.
APPROVED: ATTEST:
By: b -- By:
O LD JOIJOA,Mayor SONDRA E. SMITH, City Clerk/Treasurer
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City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
9/7/2010
City Council Meeting Date
Agenda Items Only
Leif Olson r Planning Development Services
Submitted By Division Department
Action Required:
ADM 10-3630:(Recycling and Collection Centers): Submitted by Staff,to create definitions for community recycling
drop-off facilities and centers for collecting recyclable materials and to allow such uses in appropriate zoning districts
Cost of this request Category/Project Budget Program Category/Project Name
Account Number Funds Used to Date Program/Project.Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
_ 011 enTn•t uto Previous Ordinance or Resolution#
Departure Dir for Date
Original Contract Date:
Original Contract Number:
City orney Date
7,0 t i5
Finance and Internal Services Director Date Received in Citp—1 9—10 A 1 1 :35 R C V D
Clerk's Office
:a
Wefal,111,,
Date
Received in /� h
Mayors Office
f
ate
Comments:
1 THE CITY OF FAYETTEVILLE,ARKANSAS
Wy1e ':.PV 1 e DEPARTMENT CORRESPONDENCE
KANSAS
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff �Q
Jeremy Pate,Development Services Director U�
From: Leif Olson,Associate Plannerc�
Date: August 18,2010
Subject: ADM 10-3630 Recycling and Collection Centers
RECOMMENDATION
Staff and Planning Commission recommend approval of an ordinance amending the Unified Development Code
Chapter 151: Definitions and Chapter 162: Use Conditions to create definitions for community recycling drop-off
facilities and centers for collecting recyclable materials and to allow such uses in appropriate zoning districts.
BACKGROUND
Staff is bringing forward this ordinance in order to create definitions for recycling facilities based upon their
scale and by the nature and intensity of their use. Currently, all recycling centers, regardless of their size, use or
intensity, would fall under Use Unit 28: Centers for Collecting Recyclable Materials. Staff is proposing to
amend Use Unit 2: City Wide Uses by Conditional Use Permit to allow Community Recycling Drop-off
Facilities that allow citizens to drop of recycling materials for transport to a center which then sorts, packages
and ships the materials to the end market users. The proposed definitions clearly describe the difference in scale
and use between these two facilities.
DISCUSSION
On July 26, 2010 the Planning Commission forwarded this request to the City Council with a recommendation for
approval with a vote of 8-0-0.
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT
CODE CHAPTER 151: DEFINITIONS AND CHAPTER 162: USE
CONDITIONS TO CREATE DEFINITIONS FOR COMMUNITY
RECYCLING DROP-OFF FACILITIES AND CENTERS FOR
COLLECTING RECYCLABLE MATERIALS AND TO ALLOW
SUCH USES IN APPROPRIATE ZONING DISTRICTS.
WHEREAS, the City of Fayetteville currently operates a center for collecting recyclable
materials, and
WHEREAS, both the City of Fayetteville and private businesses operate recycling drop-off
facilities within the City, and
WHEREAS, the City of Fayetteville recognizes that recycling drop-off facilities and recycling
centers should be defined according to their scale and by the nature and intensity of their use, and
WHEREAS, the City of Fayetteville recognizes that all recycling facilities should be permitted
only by Conditional Use Permit in appropriate Zoning Districts:
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby amends the Unified
Development Code Chapter 151: Definitions by adding the following definitions in §151.01 as shown
below:
"Community recycling drop-offfacility. (Zoning)A facility designed to be a collection point where
only pre-sorted recyclable materials are dropped off and temporarily stored prior to delivery to a
center for collecting recyclable materials for processing. A community recycling drop-off facility is
intended for household or consumer use. This facility can be temporary and/or mobile or a permanent
installation that is the principal use."
"Center for collecting recyclable materials. (Zoning)A facility that is not a salvage yard and in
which recoverable resources, such as paper products, glass, aluminum, metal cans, and other products
are processed for recycling. Processing may include the preparation of materials for efficient
shipment by such means as baling, compacting, flattening, grinding, crushing and mechanical sorting.
Page 2
Ord.
Section 2.That the City Council of the City of Fayetteville, Arkansas hereby amends the Unified
Development Code Chapter 162: Use Conditions by adding "Community Recycling Drop-off
Facility"to §162.01(B)(2)Public and Private Facilities.
PASSED and APPROVED this day of , 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN,Mayor. SONDRA E. SMITH,City Clerk
TayveV PC Meeting of July 26, 2010
le
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
72701
PLANNING DIVISION CORRESPONDENCE TelFayetteville,elephone:(479)57 5-826-826
7
TO: Fayetteville Planning Commission
FROM: Leif Olson, Associate Planner _"�
THRU: Jeremy Pate, Development Services Director
DATE: July 14, 2010
ADM 10-3630: Administrative Item (UDC Amendment; Ch. 151 Definitions and Ch.
162 Use Conditions: Recycling Facilities): Submitted by CITY PLANNING STAFF to
create definitions for community recycling drop-off facilities and centers for collecting
recyclable materials and to allow such uses in appropriate zoning districts.
Planner: Leif Olson
BACKGROUND
Staff is bringing forward this ordinance in order to create definitions for recycling
facilities based upon their scale and by the nature and intensity of their use. Currently, all
recycling centers, regardless of their size, use or intensity, would fall under Use Unit 28:
Centers for Collecting Recyclable Materials. Staff is proposing to amend Use Unit 2: City
Wide Uses by Conditional Use Permit to allow Community Recycling Drop-off Facilities
that allow citizens to drop of recycling materials for transport to a center which then
sorts, packages and ships the materials to the end market users. The proposed definitions
clearly describe the difference in scale and use between these two facilities.
PROPOSAL
This proposal is to amend the Unified Development Code Chapter 151: Definitions and
Ch. 162: Use Conditions to create definitions for community recycling drop-off facilities
and centers for collecting recyclable materials and to allow such uses in appropriate
zoning districts. The proposed ordinance with the changes to Ch. 151 and Ch. 162 is
attached in full to this staff report.
RECOMMENDATION
Staff recommends that the Planning Commission forward ADM 10-3630 to the City
Council with a recommendation for approval.
Planning Commission Action: X Forwarded ❑ Denied ❑ Tabled
Motion: Cabe
Second: Lack
Vote: 8-0-0
Meeting Date: July 26, 2010
Comments:
Planning Commission
July 26, 2010
Page 9 of 9
ADM 10-3630: Administrative Item (UDC Amendment; Ch. 151 Definitions and Ch. 162 Use
Conditions:Recycling Facilities): Submitted by CITY PLANNING STAFF to create definitions for
community recycling drop-off facilities and centers for collecting recyclable materials and to allow
such uses in appropriate zoning districts.
Andrew Garner, Senior Planner, gave the staff report discussing the proposed clarifications to the
Unified Development Code to differentiate between a community recycling drop-off facility and a
center for collecting and processing recyclables.
No public comment was received.
Tom Hubbard, City Utilities Department, explained the intent for a proposed recycling drop-off on
the west side wastewater treatment facility.
Commissioner Cabe discussed that he thinks this is a good idea and commended staff.
Motion:
Commissioner Cabe made a motion to forward the request to City Council as recommended by staff
with a recommendation for approval.
Commissioner Lack asked about what the term salvage yard was referring to in Section#1.
Garner discussed that salvage yard was in the process of being defined in UDC chapter 151,
definitions, as part of some pending UDC modifications at City Council.
Commissioner Chesser seconded the motion. Upon roll call the motion was passed with a vote of
8-0-0.
After announcements:
Commissioner Hoskins asked about signs in the RSF-4,Residential Single Family 4 units per acre,
zoning district.
Williams discussed concerns with rulings in Supreme Court cases on this topic.
There being no further business, the meeting was adjourned at 6:42 P.M.
NORTHWEST ARKANSAS
NEWSPAPERS= RECEIVED
Northwest Arkansas Democrat Gazette OCT 0 3 2010
The Morning News of Springdale
CITY OF FAYETTEVILLE
The Morning News of Rogers CITY CLERK'S OFFICE
Northwest Arkansas Times
Benton County Daily Record
212 North East Avenue, Fayetteville Arkansas 72701/ PO Box 1607, 72702
PHONE: 479-571-6421
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Northwest
Arkansas Newspapers LLC. Printed and published in Washington & Benton
County, (Lowell), Arkansas and that from my own personal knowledge
and reference to the files of said publication, the advertisement of: City
of Fayetteville — Ordinance No 5352
September 16, 2010
Publication Charge : $ 181.58
Signed: --- _
Subscribed and sworn to before me
This2S,day of „Az� , 2010.
Notary Public - �
u
Jos h6R'AM LYNCH
Notary Public-Arkansas
Walshln Exp County
My Commission Expires:
My Commission �xpites 10-218-20181
o- 1 Zp; �j Comm!sslon # 12366414
Do not pay from Affidavit, an invoice will be sent
ORDINANCE NO.
THE
ORDINANCE AMENDINGTaye
P
T TtTHE UNIFIED DEVELOPMENT V 1CODE CHAPTER 151:DEFINITIONS AND CHAPTER ARKANSAS
162: USE CONDITIONS TO
CREATE DEFINITIONS FOR COMMUNITY RECYCLING
DROP-OFF FACILITIES AND CENTERS FOR COLLECTING
RECYCLABLE MATERIALS AND TO ALLOW SUCH USES'
IN APPROPRIATE ZONING DISTRICTS.
WHEREAS, the City of Fayetteville.currently operates'a center for
collecting recyclable materials,and
WHEREAS,both the City of Fayetteville and private businesses operate
recycling drop-off facilities within the City,and
WHEREAS,the City of Fayetteville recognizes that recycling drop-off
facilities and recycling centers should be defined according to their seale.and by the
nature and intensity of their use,and
WHEREAS, the City of Fayetteville recognizes that all recycling
facilities should be permitted only by Conditional Use Permit in.appropriate Zoning
Districts:
NOW,THEREFORE,BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS:
Section 1:That the City Council of the City of Fayetteville,Arkansas
hereby amends the Unified Development Code Chapter 151:Definitions by adding the
following definitions in§151.01 as shown below:
"Community recycling drop=offfacility.(Zoning)A facility
designed to be a collection point where only pre-sorted
recyclable materials are dropped off and temporarily
stored prior to delivery.to a center for collecting recyclable
materials for processing.A community recycling drop-off
facility is intended for household'or consumer use.This:
facility can be temporary and/or mobile or a permanent
installation that is the principal use."
"Center for collecting recyclable materials. (Zoning) A
facility that is not a salvage yard and in which recoverable
resources,such as paper products,glass,aluminum,metal
cans, and other products are processed for recycling.
Processing may includethe preparation'of:materials for
efficient shipment by such means as baling,compacting,
flattening,grinding,crushing and mechanical sorting. ,
Section 2.That the City Council of the Cio of Fayetteville,Arkansas
hereby amends the Unified Development Code Chapter 162: Use Conditions by
adding "Community Recycling Drop-off Facility" to §162.01.(B)(2) Public and
Private Facilities.
PASSED and APPROVED this 71"day of September,2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN,Mayor SONDRA E.SMITH,City Clerk/Treasurer