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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 �`4y9999'7f PFpBP.F t�a 6 0&o", zc) m� ®FAYETTEVILLE _ Ao®NGTMA ggDAAllpS;6g684E'' 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