HomeMy WebLinkAboutORDINANCE 6091OF F. AYS7y'
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6091
File Number: 2018-0468
AMEND § 166.25 (D):
AN ORDINANCE TO AMEND § 166.25(D) OF THE UNIFIED DEVELOPMENT CODE TO CLARIFY
THE DEVELOPMENT REQUIREMENT FOR ADEQUATE SPACE AND SCREENING OF
RECYCLING AND TRASH CONTAINERS IN COMMERCIAL, OFFICE, AND MIXED-USE
DEVELOPMENTS
WHEREAS, § 166.25(D)(3)(b) of the Unified Development Code requires screening of refuse containers
and dumpsters but does not address the amount of space needed inside the enclosure but it has been
the practice of the Recycling and Trash Collection Division to request enough space to two front end
load dumpsters; and
WHEREAS, requiring sufficient space for both trash and recycling containers at commercial, office, and
mixed-use developments will help the City meet its diversion rate goals established in the Solid Waste
Reduction, Diversion and Recycling Master Plan.
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 repeals § 166.25(D)(3)
(b) of the Fayetteville City Code and enacts a replacement § 166.25(D)(3)(b) as follows:
"(b) Recycling and Trash Containers. Adequate space and screening shall be provided for the
placement of recycling and trash containers in commercial, office, and mixed-use developments.
(i) Commercial, office, and mixed-use developments are required to provide adequate
space for the placement of two front-end load dumpsters, easily accessible for collection
Page 1 Printed on 9124118
Ordinance: 6091
File Number: 2018-0468
services. The minimum free and clear dimensional requirements for placing two front-
end load dumpsters in an enclosure is 24 feet wide and 12 feet deep. The Recycling and
Trash Collection Division Director may exercise discretion in approving the
dimensional size of the required enclosure if the applicant can demonstrate that a
smaller enclosure is adequate for the development's anticipated needs due to the nature
of the proposed business, the modest size or scale of the development or site access, or if
they have the ability to share trash and recycling enclosure facilities with adjoining or
nearby properties that have additional trash and recycling storage capacity.
Recycling and trash containers shall be screened by enclosures with materials that are
compatible with and complementary to the principal structure, with access to the refuse
containers not visible from the street. Containers may be screened from view by the
principal structure; by a permanent walled or fenced enclosure; or with appropriate
vegetation, planted at a density and size sufficient to be view obscuring immediately from
the date of planting; so long as the screening is maintained and loose trash does not
litter the ground or become an environmental nuisance."
PASSED and APPROVED on 9/18/2018
Attest:
Sondra E. Smith, City Clerk Treasur',��������r
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Page 2 Printed on 9124118
-�• Cit of Fayetteville, Arkansas 113 West Mountain Street
City v
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2018-0468
Agenda Date: 9/18/2018 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 4
AMEND § 166.25 (D):
AN ORDINANCE TO AMEND § 166.25(D) OF THE UNIFIED DEVELOPMENT CODE TO
CLARIFY THE DEVELOPMENT REQUIREMENT FOR ADEQUATE SPACE AND SCREENING OF
RECYCLING AND TRASH CONTAINERS IN COMMERCIAL, OFFICE, AND MIXED-USE
DEVELOPMENTS
WHEREAS, § 166.25(D)(3)(b) of the Unified Development Code requires screening of refuse containers and
dumpsters but does not address the amount of space needed inside the enclosure but it has been the practice of
the Recycling and Trash Collection Division to request enough space to two front end load dumpsters; and
WHEREAS, requiring sufficient space for both trash and recycling containers at commercial, office, and
mixed-use developments will help the City meet its diversion rate goals established in the Solid Waste
Reduction, Diversion and Recycling Master Plan.
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 repeals § 166.25(D)(3)(b) of the
Fayetteville City Code and enacts a replacement § 166.25(D)(3)(b) as follows:
"(b) Recycling and Trash Containers. Adequate space and screening shall be provided for the placement of
recycling and trash containers in commercial, office, and mixed-use developments.
(i) Commercial, office, and mixed-use developments are required to provide adequate space for
the placement of two front-end load dumpsters, easily accessible for collection services. The
minimum free and clear dimensional requirements for placing two front-end load dumpsters in
an enclosure is 24 feet wide and 12 feet deep. The Recycling and Trash Collection Division
Director may exercise discretion in approving the dimensional size of the required enclosure if
the applicant can demonstrate that a smaller enclosure is adequate for the development's
anticipated needs due to the nature of the proposed business, the modest size or scale of the
development or site access, or if they have the ability to share trash and recycling enclosure
facilities with adjoining or nearby properties that have additional trash and recycling storage
capacity.
City of Fayetteville, Arkansas Page 1 Printed on 9/25/2018
File Number.' 2018-0468
Recycling and trash containers shall be screened by enclosures with materials that are
compatible with and complementary to the principal structure, with access to the refuse
containers not visible from the street. Containers may be screened from view by the principal
structure; by a permanent walled or fenced enclosure; or with appropriate vegetation, planted
at a density and size sufficient to be view obscuring immediately from the date of planting; so
long as the screening is maintained and loose trash does not litter the ground or become an
environmental nuisance."
City of Fayetteville, Arkansas Page 2 Printed on 9/25/2018
City of Fayetteville Staff Review Form
2018-0468
Legistar File ID
9/18/2018
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Leif Olson 8/27/2018 SUSTAINABILITY/RESILIENCE (631)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends approving an ordinance amending the Unified Development Code Chapter 166: Development
to clarify the development requirement for adequate space and screening of recycling and trash containers in
commercial, office and mixed-use developments.
Budget Impact:
Account Number
Project Number
Budgeted Item? NA Current Budget
Funds Obligated
Current Balance
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Remaining Budget
Fund
Project Title
V20180321
Previous Ordinance or Resolution #
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF SEPTEMBER 18, 2018
TO: City Council
CC: Mayor Lioneld Jordan
Don Marr, Chief of Staff
FROM: Peter Nierengarten, Director of Sustainability
DATE: August 27, 2017
CITY COUNCIL MEMO
SUBJECT: Recycling and Trash Division Development Code Amendments
RECOMMENDATION:
Staff recommends approving an ordinance amending the Unified Development Code Chapter
166: Development to clarify the development requirement for adequate space and screening of
recycling and trash containers in commercial, office and mixed-use developments.
BACKGROUND:
In December of 2013, the City Council passed Resolution No. 260-13, which established an
aspirational goal to achieve an 80% diversion rate of solid waste generated by residents and
businesses within the City by January 1, 2025. In 2014, the City hired Kessler Consulting, Inc. to
assist in developing a plan to achieve this goal. In February 2017, the City Council adopted an
amended version of the proposed 2016 Solid Waste Reduction, Diversion and Recycling Master
Plan with a waste diversion goal of 40% by the year 2027. One of the initial implementation actions
identified by the adopted plan is to "Modify City building codes to require new commercial and
multi -family developments to provide adequate space and access for recycling and organics
recovery."
Additionally, the City Council adopted an Energy Action Plan by Resolution 25-18 on January 2114
2018. This Energy Action Plan was created to build a framework and energize action around the
City of Fayetteville's efforts to be a resource and energy efficient community. The plan focuses
on four sectors for reducing the community's overall greenhouse gas emissions; reductions in
overall energy use, diverting waste from landfills, shifting towards clean energy production, and
reducing transportation related emissions. The Energy Action Plan has the same waste diversion
goal, 40% by the year 2027, as the adopted Solid Waste Reduction, Diversion and Recycling
Master Plan. One of the three identified strategies to achieve this goal includes increasing the
percentage of businesses participating in recycling programs.
DISCUSSION:
The requirement for the screening of refuse containers and dumpsters is in Chapter
166.25(D)(3)(b): Refuse Containers. The existing code has a screening requirement; however, it
does not address the specific amount of space needed inside the enclosure. It has been the
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
practice of the Recycling and Trash Division to ask commercial, office and mixed-use
developments for the space needed to enclose two front end load dumpsters, 24' wide and 12'
deep. This allows for a trash dumpster and an additional recycling dumpster, typically for
cardboard. Frequently, but not in all instances, developers constructing commercial, office and
mixed-use spaces have been willing to provide the space needed for two dumpsters. Currently,
cardboard has a consistent value in the recycling commodities market. This is primarily due to the
growth of online retail that requires large quantities of cardboard for shipping products. End users
that generate large amounts of cardboard such as restaurants, retail, offices and multi-use
developments can offset trash collection fees by recycling cardboard and reducing their trash
volume. Future Recycling and Trash Division collections endeavors may also one day include the
recovery of other recyclables or food waste. The proposed development code amendments are
designed to ensure that commercial, office and mixed-use developments have the space
necessary to provide recycling and trash services now and in the future.
This item was passed with a recommendation of approval by the Planning Commission at its
August 13, 2018 meeting by a vote of 9-0-0.
BUDGET/STAFF IMPACT:
As with all City of Fayetteville policies and programs, many of the specific actions in the plan will
have a cost to implement and may have necessary budgetary impacts. Additional study and
environmental, social, and financial cost/benefit analysis may be necessary to justify
implementation and approval through the City's budgetary process. As the Recycling Master
Plan is implemented over time, staff will continually seek partnerships, grants and other funding
opportunities to help offset implementation costs and advance the goals of this plan.
Attachments:
Recycling Master Plan recommendations
166.25 Commercial, Office and Mixed -Use Design and Development Standards
(D) Site Development and Design Standards.
(1) Site Coverage. A maximum of 80% of
the development site may be covered
by the ground floor of any structure,
parking lots, sidewalks, and private
streets and drives or any other
impermeable surface. Properties
located within the Downtown Master
Plan boundary are exempt from this
requirement.
(2) Driveways. Shared drives and cross
access between properties shall be
encouraged to adjacent developed and
undeveloped properties.
(3) Mechanical and utility equipment
and refuse containers shall be screened
if visible from the highway/street right-
of-way or from residential property as
set forth below:
(a) Mechanical and Utility
Equipment.
(i) All mechanical and
utility equipment
located on the wall
and/or on the ground
shall be screened with
vegetation, by
incorporating screening
into the structure, or by
utilizing paint schemes
that complement the
building and screen the
equipment.
(ii) All roof mounted
utilities and mechanical
equipment shall be
screened by
incorporating screening
into the principal
structure utilizing
materials and colors
compatible with the
supporting building.
(b) o, su
and Trash Containers.
Adequate space and screening
shall be provided for the
placement of recyciing and
trash_ containers in commercial,
office and mixed-use
developments.
li) Commercial, office -
and mixed-use
developments are
required to provide
adequate space for the
gl-a_c-e-m_ent pf two
front-end load
dumoster, easily
accessible for
collection services. The
minimum free and
clear dimensional
reauIre mants for
placing two front-end
load_dumpsters in an
enclosure is 24 feet
wide and 12 feet deep.
The Recycling and
Trash Oivision Director
may exercise discretion
In approving the
dimenslonal size of the
required enclosure; if
the applicant can
demonstrate that a
smaller enclosure is
adea ate for the
developments
anticipated needs due
to the nature of the
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prciyosed business, the
access to the refuse
modest size or scale of
containers not visible
the development Pr
from the street.
site access or if thev
Containers may be
have the ability to
screened from view by
share trash _ash and—
the principal structure;
�by
recycIing.enc losure
a permanent walled
facilities with adl21nina
or fenced enclosure; or
or nearby properties
with appropriate
that have additional
vegetation, planted at a
trash and recycling
density and size
storage capacity
sufficient to be view
ii Aafase`Re, cycflne
obscuring immediately
--From-the date of- —
and trash containers
shall be screened,
planting; so long as the
enclosures with
– – screening is maintained
materials that are
and loose trash does
compatible with and
not litter the ground or
complementary to the
become an
principal structure, with
environmental
nuisance.
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To develop an environmentally and economically sustainable materials management
system that maximizes waste diversion and minimizes waste disposal, the following
steps are recommended to initiate implementation of the proposed action plan:
1. Provide conceptual approval of the proposed action plan with implementa-
tion of key elements dependent on acceptance of detailed implementation
plans.
2. Obtain a Type CO permit for the City's compost facility.
3. Develop a detailed plan and schedule for initiating a voluntary organics recov-
ery program, focusing initially on large food waste generators and schools.
4. Release an RFP to secure a contract with a processor for the recovery and
recycling of construction and demolition material.
5. Develop a communications plan to announce the City's commitment to waste
diversion and to get buy -in to new initiatives.
6. Develop a technical assistance program to inform businesses, institutions,
and multifamily complexes of the City's waste diversion commitment and help
them prepare for new recycling initiatives.
7. Adopt a Green City Initiative directing all city -owned or operated buildings to
establish comprehensive recycling, organics recovery, and environmentally
preferable purchasing programs.
8. Modify City building codes to require new commercial and multi -family devel-
opments to provide adequate space and access for
RECEIVED
NORTHWEST ARKANSAS O C T 1 2018
(-,i,TY OF i i�Yk F'l F
Democrat V INzettfY r;LF 2 C
AF+. m ?02 79 4:r . 0; A;<. :J'? 595, 1 li; di.;G-CI"•I
AFFIDAVIT OF PUBLICATION
I Cathy Wiles, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Democrat -Gazette, printed and published in
Washington County and Benton County, Arkansas, and of bona fide
circulation, that from my own personal knowledge and reference
to the files of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ord. 6091
Was inserted in the Regular Edition on:
October 4, 2018
Publication Charges: $ 171.60
ata::Z,�L4
Cathy Wiles
Subscribed and sworn to before me
This 9 day of 044 , 2018.
JQ'. , /Z't4 -
Notary Public
My Commission Expires: 2-1/1-124
TAMMY RUSHER
Nclart Nblic -,s-rk
.143hinglon Cti[nry
c0m1t.Ssiart't 1270317.((1
NIX C::ntruS wn i Z"q Fe. 1'
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance 6091
File Number: 2018-0468
AMEND § I66.25 (D):
AN ORDINANCE TO AMEND § 166.25(D)
OF THE UNIFIED DEVELOPMENT CODE
TO CLARIFY THE DEVELOPMENT
REQUIREMENT FOR ADEQUATE SPACE
AND SCREENING OF RECYCLING AND
TRASH CONTAINERS IN COMMERCIAL,
OFFICE, AND MIXED-USE
DEVELOPMENTS
WHEREAS, § 166,25(D)(3)(b) of the Unified
Development Code requires screening of refuse
containers and dumpsters but does not address
the amount of space needed inside the enclosure
but it has been the practice of the Recycling and
Trash Collection Division to request enough
space to two front end load dumpsters; and
WHEREAS, requiring sufficient space for both
trash and recycling containers at commercial,
office, and mixed-use developments will help
the City meet its diversion rate goals established
in the Solid Waste Reduction, Diversion and
Recycling Master Plan.
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 repeals §
166.25(1))(3)
(b) of the Fayetteville City Code and
enacts a replacement § 166.25(D)(3)(b) as
follows:
"(b) Recycling and Trash Containers Adequate
space and screening shall be provided for the
placement of recycling and trash containers in
commercial, office, and mixed-use
developments.
(i) Commercial, office, and mixed-use
developments are required to provide adequate
space for the placement of two front-end load
dumpstcrs, easily accessible for collection
Ordinance: 6091 File Number: 2018-0468
services. The minimum free and clear
dimensional requirements for placing two front-
end load dumpsters in an enclosure is 24 feet
wide and 12 feel deep. The Recycling and Trash
Collection Division Director may exercise
discretion in approving the dimensional size of
the required enclosure if the applicant can
demonstrate that a smaller enclosure is adequate
for the development's anticipated needs due to
the nature of the proposed business, the modest
size or scale of the development or site access,
or if they have the ability to share trash and
recycling enclosure facilities with adjoining or
nearby properties that have additional trash
and recycling storage capacity.
(ii) Recycling and trash containers shall
be screened by enclosures with materials that are
compatible with and complementary to the
principal structure, with access to the refuse
containers not visible from the street. Containers
may be screened from view by the principal
structure; by a permanent walled or fenced
enclosure; or with appropriate vegetation,
planted at a density and size sufficient to be view
obscuring immediately from the date of planting;
so long as the screening is maintained and loose
trash does not litter the ground or become an
environmental nuisance."
PASSED and APPROVED on 9/18/2018
Approved:
Lioneld Jordan, Mayor
Attest: Sondra F Smith
74692227 OCT 4, 2018