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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 e4lt`tetrrsrvep°° d ®FAYETTEVILLE® p • %ys•9�,KANS��J�b" °o®/VG TC A 'Gb%' 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.