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HomeMy WebLinkAboutOrdinance 5481 ORDINANCE NO. 5481
AN ORDINANCE TO ENACT §163.17 WRECKING, DEMOLITION AND
SCRAP METAL PROCESSING INTO THE UNIFIED DEVELOMENT
CODE AND TO ADOPT AN EMERGENCY CLAUSE
WHEREAS, the large machines used to shred automobiles and other vehicles and large
metal structures or machines create unacceptably loud noise levels as well as unplanned,
occasional explosions and other unacceptable consequences of their use for our citizens and
especially nearby neighbors and, therefore, these machines should not be allowed to operate
within the city limits of Fayetteville and damage the peace, quiet, health and safety of
Fayetteville citizens by their operation; and
WHEREAS, machines that crush vehicles or other metal objects can cause the harmful
release of hazardous liquids (such as oil, fuel, antifreeze, mercury, lead, acid, etc.) which could
escape into the soil and eventually into our water supply unless such crushing is done after all the
hazardous liquids have been properly drained and the crushing machine is located on a
permanent, properly designed impervious surface which will catch any residual hazardous
liquids that can result from the crushing of a vehicle; and
WHEREAS, the public health and safety require that these new controls prohibiting
car/vehicle shredding and regulating car/metal crushing become effective immediately.
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
enacts §163.17 Wrecking, Demotion and Scrap Metal Processing of the Unified
Development Code by enacting a new subsection §163.17 as shown on the attached Exhibit
"A"which is hereby adopted.
Section 2: EMERGENCY CLAUSE. That the City Council of the City of Fayetteville,
Arkansas hereby determines that in order to protect the peace, health and safety of the citizens of
Fayetteville, this ordinance must become effective immediately upon its passage and approval,
and therefore an emergency is declared to exist such that this ordinance will become effective
immediately upon its passage and approval.
Page 2
Ordinance No. 5481
PASSED and APPROVED this 7"' day of February, 2012.
APPROVED: ATTEST:
By: c- By:
ELD JO- N,Mayor LISA BRANSON, Deputy City Clerk
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Exhibit"A"
163.17 Wrecking, Demolition and Scrap Metal Processing
Some types of wrecking, demolition,and processing of scrap metal, including vehicles,are permitted within
the 1-2, General Industrial zoning district by right, under Use Unit 23, Heavy Industrial.These uses generally
are separated from others because they cause the greatest adverse environmental effects. In order to
ensure adjacent property owners and the environment are impacted to the least extent possible,the
following standards shall apply to these and similar uses
(A) Automobile Shredding.The shredding of automobiles within the city limits is prohibited.
(B) Metal crushing. The crushing of metal may be permitted within 1-2, General Industrial districts, subject to
the following criteria, which protect adjacent property owners and reduces impact to the environment
from the detrimental conditions of these types of operations:
(1) All metal crushing shall be setback a minimum of 100 feet from any exterior property line.
(2) Explosions of any kind are not permitted.
(3) Vehicles shall be properly drained prior to crushing in order to minimize the volume of waste fluids
to manage. Materials and fluids such as fuel, oil,transmission fluid,antifreeze, mercury switches,
etc.shall be stored in separate containers that are clearly labeled. Fluids collected during vehicle
crushing operations shall be managed as hazardous waste and all fluids shall be disposed of in a
lawful manner.
(4) Mobile crushers shall always be situated on an impervious floor surface such as concrete, asphalt
or other similar surface approved by the City that is sloped to contain fluids, and shall be covered
by a roof and protected from the weather.Vehicle fluids shall not be permitted to drain to the soil
and allowing vehicle fluids to be carried away by stormwater is prohibited.
(5) Waste tires from vehicle crushing operations shall be disposed of in compliance with all Arkansas
Department of Environmental Quality regulations.
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
2/7/2012
City Council Meeting Date
Agenda Items Only
Jeremy Pate Development Services Development Services
Submitted By Division Department
Action Required:
Approval of an ordinance to amend Ch. 163 Use Conditions, related to industrial wrecking, demolition and metal
processing.
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
9111A-14L. Previous Ordinance or Resolution#
Department 'r ctor Date
Original Contract Date:
fir......
Original Contract Number:
City Attorney Date
Finance and Internal Services Director Date Received in City G 1-9 J- l L PO 1 23 R CV D
Clerk's Office
Chie of S Date ENT RED
i' Received in
Mayor's Office
Ma or Date
Comments:
Revised January 15,2009
Za
le ,
�� THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
RKANSAS
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff
From: Jeremy Pate, Development Servi Director
David Jurgens, Utilities Director
Date: January 20, 2012
Subject: Wrecking, Demolition and Metal Processing Operations
RECOMMENDATION
Staff recommends the City Council consider amending the Unified Development Code to prohibit industrial
metal shredding, such as is used for car shredding, within the city limits, and to define the parameters by which
other wrecking, demolition and metal processing operations may be permitted within the city limits.
BACKGROUND
The I-2, General Industrial district is "designed to provide areas for manufacturing and industrial activities
which may give rise to substantial environmental nuisances, which are objectionable to residential and business
use." However, even in this most intense zoning district, some uses are either not permitted at all or have
specific parameters by which they are allowed. One such use, Use Unit 23, Heavy Industrial, contains uses that
are permitted by right such as the processing and sales of scrap metal and refuse, Lumber and wood products,
Paper and allied products, Petroleum and related industries, wrecking and demolition services, and other
manufacturing uses. Due to the problematic issues surrounding some metal processing operations that are
seemingly impossible to resolve due to the inherent noise and other environmental impacts associated with the
use, staff encourages the City Council to prohibit metal shredding operations altogether within the city limits.
We do not feel this is an industrial operation that can be of any substantial benefit within an urban community
such as ours, and would rather cause substantial concern among our residents and business community. Some
operations within the metal processing industry can be permitted and still maintain a "good neighbor"presence.
Staff has utilized current best management practices recommended by the industry and by ADEQ to create
some parameters by which metal crushing and processing operations may operate within the I-2 district,
keeping hazardous fluids out of our drinking water sources and prohibiting explosions from occurring.
DISCUSSION
Staff recommends the Council consider adopting the proposed ordinance amendments, which have been created
with research and discussion by staff from the Utilities Department and Development Services Department,
with input from the City Attorney and Mayor's office.
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE TO ENACT §163.17 WRECKING, DEMOLITION AND
SCRAP METAL PROCESSING INTO THE UNIFIED DEVELOMENT
CODE AND TO ADOPT AN EMERGENCY CLAUSE
WHEREAS, the large machines used to shred automobiles and other vehicles and large
metal structures or machines create unacceptably loud noise levels as well as unplanned,
occasional explosions and other unacceptable consequences of their use for our citizens and
especially nearby neighbors and, therefore, these machines should not be allowed to operate
within the city limits of Fayetteville and damage the peace, quiet, health and safety of
Fayetteville citizens by their operation; and
WHEREAS, machines that crush vehicles or other metal objects can cause the harmful
release of hazardous liquids (such as oil, fuel, antifreeze, mercury, lead, acid, etc.) which could
escape into the soil and eventually into our water supply unless such crushing is done after all the
hazardous liquids have been properly drained and the crushing machine is located on a
permanent, properly designed impervious surface which will catch any residual hazardous
liquids that can result from the crushing of a vehicle; and
WHEREAS, the public health and safety require that these new controls prohibiting
car/vehicle shredding and regulating car/metal crushing become effective immediately.
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
enacts §163.17 Wrecking, Demotion and Scrap Metal Processing of the Unified
Development Code by enacting a new subsection §163.17 as shown on the attached Exhibit
"A"which is hereby adopted.
Section 2: EMERGENCY CLAUSE. That the City Council of the City of Fayetteville,
Arkansas hereby determines that in order to protect the peace, health and safety of the citizens of
Fayetteville, this ordinance must become effective immediately upon its passage and approval,
and therefore an emergency is declared to exist such that this ordinance will become effective
immediately upon its passage and approval.
PASSED and APPROVED this 7t'day of February, 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
Exhibit"A"
163.17 Wrecking, Demolition and Scrap Metal Processing
Some types of wrecking,demolition,and processing of scrap metal, including vehicles,are permitted within
the 1-2,General Industrial zoning district by right,under Use Unit 23, Heavy Industrial.These uses generally
are separated from others because they cause the greatest adverse environmental effects. In order to
ensure adjacent property owners and the environment are impacted to the least extent possible,the
following standards shall apply to these and similar uses:
(A) Automobile Shredding.The shredding of automobiles within the city limits is prohibited.
(B) Metal crushing.The crushing of metal may be permitted within 1-2,General Industrial districts,subject to
the following criteria, which protect adjacent property owners and reduces impact to the environment
from the detrimental conditions of these types of operations:
(1) All metal crushing shall be setback a minimum of 100 feet from any exterior property line.
(2) Explosions of any kind are not permitted.
(3) Vehicles shall be properly drained prior to crushing in order to minimize the volume of waste fluids
to manage. Materials and fluids such as fuel,oil,transmission fluid, antifreeze,mercury switches,
etc.shall be stored in separate containers that are clearly labeled. Fluids collected during vehicle
crushing operations shall be managed as hazardous waste and all fluids shall be disposed of in a
lawful manner.
(4) Mobile crushers shall always be situated on an impervious floor surface such as concrete,asphalt
or other similar surface approved by the City that is sloped to contain fluids,and shall be covered
by a roof and protected from the weather.Vehicle fluids shall not be permitted to drain to the soil
and allowing vehicle fluids to be carried away by stormwater is prohibited.
(5) Waste tires from vehicle crushing operations shall be disposed of in compliance with all Arkansas
Department of Environmental Quality regulations.
NORTHWEST ARKANSAS DEMOCRAT-GAZETTE
NORTHWESTARKANSAS THE MORNING NEWS W S OF
ERS
THE MORNING NEWS OF ROGERS
NEWS-P-M- E LLC NOON COUNTYWEST DAILY RECORD
ECM D
BENTON COUNTY DAILY RECORD
212 NORTH EAST AVENUE,FAYETTEVILLE,ARKANSAS 72701 1 P.O.BOX 1607, 72702 1479-442-1700 1 WWW,NWANEWS.COM
AFFIDAVIT OF PUBLICATION RECEIVED
I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the FEB 2 8 2012
Northwest Arkansas Newspapers, LLC, printed and published in ciTY OF fAYETTEV1LLF
Washington and Benton County, Arkansas, bona fide circulation, CITY CLEWS OFFICE
that from my own personal knowledge and reference to the files
of said publication, the advertisement of-
ORDINANCE NO 5481
City Of Fayetteville . AN ORDINANCE TO ENACT§16317 WRECIONO,
DEMOLITION AND SCWA ,,METAL PROCE5SIN0 V
Ordinance 5481 INTO'TFlE UNIFIED'DEVELOMENT CODE7IND 70
a
ADOPT AN EMERGENCY CLAUSE nnxnr+sas
WHEREAS the large machines used to shred
Was inserted in the Regular Editions on: automobiles and other vehicles and large metal structures or macpines create: ..
February 16, 2O 12 unacceptably°loud nois8°levels as well as unplanned occasional explosions and
other unacceptable consequences of their use for out cj itizens and especially nearby
neighbors and,therefore these machines should not be allowed to gpelate within ,
the cif Iimifs oifayettevii�e and damage the peace gmeY;•health and safety of
Fayetteville citizens by their operation and
WHEREAS ,machines that crush Yehices,or otleT metal objects can cause the
Publication Charges: $ 110.24 harmful,release of hazardous Iiqutds<su4h as*oilrfue► antifreeze i#iercury Lead
acid,etc.)which;could resclpe into the sod and'eventua�ly,into our water siipp1y
unless such crushing is done after all the hazardous liquids have been properly"
drained and the crushing machine,is Iodate. 'on`a permanent,,properly designed
impervious surface"-which will catch any residual hazardous'liquids that can result,
from ihe-crushing of a vehicle and ;
WHEREAS,the public health and saf,@tY require that these new controls prohibiting
car/vehicle shredding arfd regulatiAg car/metal crushing becomg effective
Im k,,.TNEREFHfRE 8J9rfgoRDAINEDF-8Y THE CITY COUNCIL OF THE CITY OF
NOMI,;
FAYETTEWLLE,ARKANSAS u
Cathy Wiles SectJgn i That tl�e City CouncJ of the Cit "of,— - tpe unrered
sheets §16317 WrecNInY °tl
r)"eyeloprnent"eoe by enacting anew subsection §163,17 as shdwn on the
attached Exhibit Awhich is hereby adopted
Section 2 EMERGENC CLAUSEtThat the CttyuncdFoeaceti a thantl sa immetliately sty of
the citizens of Fayetteville this ordinance must tie a efYectie upon "
its passe a andmpprovai and therefore an emergend�is reclretl to exist suchtliat
Subscribed and s 71,0Zqdj
rl to before me th�srorainancewlil becorrce effecti'v'e tmmetliatel�r�i�on itsTas�sa9e antl approval
This, /&day Of , 2012. pAs ED>smt pRovEcruts7mdayofFebruank2oi2' y
APPROVED z ATTEST
By LIONELD JOJtDAN Mayor
By.LISA BRANSON Deputy City Clerk '
Eiihibits for this ordinance may be weaved in the office of the City cler�clTreasurer
otary Public
My Commission Expires:
SANDRA E SCHACHERBAUER
BENTON COUNTY
NOTARY PUBLIC-ARKANSAS
My Commission Expires April 15,2017
Commission No.123W121
**NOTE*
Please do not pay from Affidavit. Invoice will be sent.