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HomeMy WebLinkAbout247-21 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 247-21
File Number: 2021-0659
APPEAL ADM-2021-045 (1236 S. SCHOOL AVE.NAUGHN RECYCLING):
A RESOLUTION TO GRANT THE APPEAL OF COUNCIL MEMBERS SARAH BUNCH,
HOLLY HERTZBERG, AND D'ANDRE JONES AND APPROVE AN AMENDMENT TO
CONDITIONAL USE PERMIT CUP 08-2908 TO AUTHORIZE VAUGHN RECYCLING TO
LEGALLY EXPAND ITS RECYCLING ACTIVITIES TO 1236 SOUTH SCHOOL AVENUE
WHEREAS. on July 26, 2021. the Planning Commission denied Administrative Item
ADM-2021-045, which would have expanded Conditional Use Permit CUP 08-2908. to allow
Vaughn Recycling to legally expand its recycling activities to 1236 South School Avenue: and
WHEREAS. Council Members Sarah Bunch. Holly Hertzberg. and D'Andre Jones have properly
appealed the decision of the Planning Commission pursuant to §155.05(A)(3) of the Unified
Development Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville. Arkansas hereby grants the appeal of
Council Members Sarah Bunch. Holly Hertzberg, and D'Andre Jones and approves ADM-2021-045.
an amendment to Conditional Use Permit CUP 08-2908, to authorize Vaughn Recycling to legally
expand its recycling activities to 1236 South School Avenue with the following conditions:
1. City Council determination of compatibility with adjacent properties.
2. All conditions of approval of the associated conditional use permit will remain in effect. The
requested area shall be subject to the same conditions of approval including master street plan
Page 1 Printed on 10/Q/21
Resolution: 247-21
File Number.' 2021-0659
dedication and approval of a site improvement plan or large scale development.
3. All materials shall be sorted, processed. packed. and stored inside the existing building or an
expanded facility. Storage or processing of potentially explosive or combustible materials
and/or chemicals shall be prohibited.
4. Large trailers shall be utilized for loading and removal of materials from the site and may not be
utilized for storage. Large trailers shall be parked for loading only at the rear of the building. as
indicated on the site plan, and shall not be visible from the public right-of-way. until the time of
shipping materials. Any one trailer may be parked at the site for a maximum of five (5) days.
5. The applicant shall include a bioswale. east of the paved maneuvering area, for drainage
purposes, to be approved by the Engineering Division.
6. Hours of operation shall be limited to Monday through Friday. 7:30 AM - 5:30 PM, and
Saturday. 8:00 AM - 2:00 PM.
7. A wood board fence, no less than six (6) feet in height, shall be constructed along the length of
the north property line to screen the use from the adjoining properties. The applicant should
plant a continuous row of evergreen vegetation along the north property line, south of the
recommended wood board fence and screen any newly proposed maneuvering areas with
evergreen trees.
8. As part of the development entitlements. the applicant shall submit a site improvement plan or
large scale development, landscape and tree preservation plan for approval pursuant to City
ordinances and in addition to any other plans deemed necessary as part of said review.
Adequate vegetative screening shall be provided as required by ordinance or as deemed
appropriate by the City Planning Division.
9. Parking in areas identified in the original site plan as "loading" or "unloading" areas shall be for
day-to-day customer unloading/loading and enforced by the applicant. Should the proposed
use require more than the maximum allowable parking on the subject property (8 parking
spaces). the applicant shall submit an additional conditional use request for supplementary
parking.
10. Curb stops or curbing shall be installed along any parking or maneuvering areas adjacent to
greenspace, to protect the plants therein.
11. Any existing non -conforming signage shall be removed, together with its supporting structure
Page 2 Primed on 10M21
Resolution. 247-21
File Number: 2021-0659
prior to issuance of a building permit. All new signs shall be permitted according to City codes.
12. All exterior lights shall comply with the City lighting ordinance. Manufacturer's cut -sheets are
required for review and approval prior to issuance of a building permit.
13. Vehicles that access the site must enter and exit in a forward manner, in accordance with City
regulations.
14. In compliance with City ordinance. any dumpsters shall be screened with materials compatible
with. and complementary to, the principal structure with access not visible from the street.
15. Future expansion of the proposed use or redevelopment of the site shall require Planning
Commission approval of a separate conditional use request, Master Street Plan right-of-way
dedication, and a site improvement plan or a large scale development request.
16. The applicant shall allow city staff to inspect the premises monthly with unannounced visits
during normal business hours and shall promptly correct any violations of these conditions
discovered by city staff.
17. This approval expires after one year (October 5, 2022), but may be extended by the Planning
Commission if applicant has consistently complied with these conditions including preventing or
promptly cleaning up any mud or debris tracked onto the public right-of-way from this
property. The applicant is responsible for applying for and obtaining the Planning
Commission's approval to extend this Conditional Use Permit prior to its automatic expiration.
PASSED and APPROVED on 10/5/2021
Attest:
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Kara Paxton, City Clerk Treasurer
Page 3 Printed on 1016121
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113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Resolution: 247-21
File Number: 2021-0659
APPEAL ADM-2021-045 (1236 S. SCHOOL AVEJVAUGHN RECYCLING):
A RESOLUTION TO GRANT THE APPEAL OF COUNCIL MEMBERS SARAH BUNCH,
HOLLY HERTZBERG, AND D'ANDRE JONES AND APPROVE AN AMENDMENT TO
CONDITIONAL USE PERMIT CUP 08-2908 TO AUTHORIZE VAUGHN RECYCLING TO
LEGALLY EXPAND ITS RECYCLING ACTIVITIES TO 1236 SOUTH SCHOOL AVENUE
WHEREAS, on July 26, 2021, the Planning Commission denied Administrative Item
ADM-2021-045, which would have expanded Conditional Use Permit CUP 08-2908, to allow
Vaughn Recycling to legally expand its recycling activities to 1236 South School Avenue; and
WHEREAS, Council Members Sarah Bunch, Holly Hertzberg, and D'Andre Jones have properly
appealed the decision of the Planning Commission pursuant to § 155.05(A)(3) of the Unified
Development Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby grants the appeal of
Council Members Sarah Bunch, Holly Hertzberg, and D'Andre Jones and approves ADM-2021-045,
an amendment to Conditional Use Permit CUP 08-2908, to authorize Vaughn Recycling to legally
expand its recycling activities to 1236 South School Avenue with the following conditions:
1. City Council determination of compatibility with adjacent properties.
2. All conditions of approval of the associated conditional use permit will remain in effect. The
requested area shall be subject to the same conditions of approval including master street plan
Page 1 Printed on 1016121
Resolution: 247-21
File Number: 2021-0659
dedication and approval of a site improvement plan or large scale development.
3. All materials shall be sorted, processed, packed, and stored inside the existing building or an
expanded facility. Storage or processing of potentially explosive or combustible materials
and/or chemicals shall be prohibited.
4. Large trailers shall be utilized for loading and removal of materials from the site and may not be
utilized for storage. Large trailers shall be parked for loading only at the rear of the building, as
indicated on the site plan, and shall not be visible from the public right-of-way, until the time of
shipping materials. Any one trailer may be parked at the site for a maximum of five (5) days.
5. The applicant shall include a bioswale, east of the paved maneuvering area, for drainage
purposes, to be approved by the Engineering Division.
6. Hours of operation shall be limited to Monday through Friday, 7:30 AM - 5:30 PM, and
Saturday, 8:00 AM - 2:00 PM.
7. A wood board fence, no less than six (6) feet in height, shall be constructed along the length of
the north property line to screen the use from the adjoining properties. The applicant should
plant a continuous row of evergreen vegetation along the north property line, south of the
recommended wood board fence and screen any newly proposed maneuvering areas with
evergreen trees.
8. As part of the development entitlements, the applicant shall submit a site improvement plan or
large scale development, landscape and tree preservation plan for approval pursuant to City
ordinances and in addition to any other plans deemed necessary as part of said review.
Adequate vegetative screening shall be provided as required by ordinance or as deemed
appropriate by the City Planning Division.
9. Parking in areas identified in the original site plan as "loading" or "unloading" areas shall be for
day-to-day customer unloading/loading and enforced by the applicant. Should the proposed
use require more than the maximum allowable parking on the subject property (8 parking
spaces), the applicant shall submit an additional conditional use request for supplementary
parking.
10. Curb stops or curbing shall be installed along any parking or maneuvering areas adjacent to
greenspace, to protect the plants therein.
11. Any existing non -conforming signage shall be removed, together with its supporting structure
Page 2 Printed on 1016121
Resolution: 247-21
File Number: 2021-0659
prior to issuance of a building permit. All new signs shall be permitted according to City codes.
12. All exterior lights shall comply with the City lighting ordinance. Manufacturer's cut -sheets are
required for review and approval prior to issuance of a building permit.
13. Vehicles that access the site must enter and exit in a forward manner, in accordance with City
regulations.
14. In compliance with City ordinance, any dumpsters shall be screened with materials compatible
with, and complementary to, the principal structure with access not visible from the street.
15. Future expansion of the proposed use or redevelopment of the site shall require Planning
Commission approval of a separate conditional use request, Master Street Plan right-of-way
dedication, and a site improvement plan or a large scale development request.
16. The applicant shall allow city staff to inspect the premises monthly with unannounced visits
during normal business hours and shall promptly correct any violations of these conditions
discovered by city staff.
17. This approval expires after one year (October 5, 2022), but may be extended by the Planning
Commission if applicant has consistently complied with these conditions including preventing or
promptly cleaning up any mud or debris tracked onto the public right-of-way from this
property. The applicant is responsible for applying for and obtaining the Planning
Commission's approval to extend this Conditional Use Permit prior to its automatic expiration.
PASSED and APPROVED on 10/5/2021
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
Page 3 Printed on 1016121
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-0659
Agenda Date: 10/5/2021 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Resolution
Agenda Number: B.1
APPEAL ADM-2021-045 (1236 S. SCHOOL AVE./VAUGHN RECYCLING):
A RESOLUTION TO GRANT THE APPEAL OF COUNCIL MEMBERS SARAH BUNCH, HOLLY
HERTZBERG, AND D'ANDRE JONES AND APPROVE AN AMENDMENT TO CONDITIONAL
USE PERMIT CUP 08-2908 TO AUTHORIZE VAUGHN RECYCLING TO LEGALLY EXPAND ITS
RECYCLING ACTIVITIES TO 1236 SOUTH SCHOOL AVENUE
WHEREAS, on July 26, 2021, the Planning Commission denied Administrative Item ADM-2021-045, which
would have expanded Conditional Use Permit CUP 08-2908, to allow Vaughn Recycling to legally expand its
recycling activities to 1236 South School Avenue; and
WHEREAS, Council Members Sarah Bunch, Holly Hertzberg, and D'Andre Jones have properly appealed
the decision of the Planning Commission pursuant to § I55.05(A)(3) of the Unified Development Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby grants the appeal of Council
Members Sarah Bunch, Holly Hertzberg, and D'Andre Jones and approves ADM-2021-045, an amendment
to Conditional Use Permit CUP 08-2908, to authorize Vaughn Recycling to legally expand its recycling
activities to 1236 South School Avenue with the following conditions:
1. City Council determination of compatibility with adjacent properties.
2. All conditions of approval of the associated conditional use permit will remain in effect. The requested
area shall be subject to the same conditions of approval including master street plan dedication and
approval of a site improvement plan or large scale development.
3. All materials shall be sorted, processed, packed, and stored inside the existing building or an expanded
facility. Storage or processing of potentially explosive or combustible materials and/or chemicals shall
be prohibited.
4. Large trailers shall be utilized for loading and removal of materials from the site and may not be utilized
for storage. Large trailers shall be parked for loading only at the rear of the building, as indicated on the
City of Fayetteville, Arkansas Page 1 Printed on 101612021
File Number: 2021-0659
site plan, and shall not be visible from the public right-of-way, until the time of shipping materials. Any
one trailer may be parked at the site for a maximum of five (5) days.
5. The applicant shall include a bioswale, east of the paved maneuvering area, for drainage purposes, to
be approved by the Engineering Division.
6. Hours of operation shall be limited to Monday through Friday, 7:30 AM - 5:30 PM, and Saturday,
8:00 AM - 2:00 PM.
7. A wood board fence, no less than six (6) feet in height, shall be constructed along the length of the
north property line to screen the use from the adjoining properties. The applicant should plant a
continuous row of evergreen vegetation along the north property line, south of the recommended wood
board fence and screen any newly proposed maneuvering areas with evergreen trees.
8. As part of the development entitlements, the applicant shall submit a site improvement plan or large
scale development, landscape and tree preservation plan for approval pursuant to City ordinances and
in addition to any other plans deemed necessary as part of said review. Adequate vegetative screening
shall be provided as required by ordinance or as deemed appropriate by the City Planning Division.
9. Parking in areas identified in the original site plan as "loading" or "unloading" areas shall be for
day-to-day customer unloading/loading and enforced by the applicant. Should the proposed use require
more than the maximum allowable parking on the subject property (8 parking spaces), the applicant
shall submit an additional conditional use request for supplementary parking.
10. Curb stops or curbing shall be installed along any parking or maneuvering areas adjacent to
greenspace, to protect the plants therein.
11. Any existing non -conforming signage shall be removed, together with its supporting structure prior to
issuance of a building permit. All new signs shall be permitted according to City codes.
12. All exterior lights shall comply with the City lighting ordinance. Manufacturer's cut -sheets are required
for review and approval prior to issuance of a building permit.
13. Vehicles that access the site must enter and exit in a forward manner, in accordance with City
regulations.
14. In compliance with City ordinance, any dumpsters shall be screened with materials compatible with,
and complementary to, the principal structure with access not visible from the street.
15. Future expansion of the proposed use or redevelopment of the site shall require Planning Commission
approval of a separate conditional use request, Master Street Plan right-of-way dedication, and a site
improvement plan or a large scale development request.
16. The applicant shall allow city staff to inspect the premises monthly with unannounced visits during
normal business hours and shall promptly correct any violations of these conditions discovered by city
City of Fayetteville, Arkansas Page 2 Printed on 101612021
File Number: 2021-0659
staff.
17. This approval expires after one year (October 5, 2022), but may be extended by the Planning
Commission if applicant has consistently complied with these conditions including preventing or
promptly cleaning up any mud or debris tracked onto the public right-of-way from this property. The
applicant is responsible for applying for and obtaining the Planning Commission's approval to extend
this Conditional Use Permit prior to its automatic expiration.
City of Fayetteville, Arkansas Page 3 Printed on 101612021
CHARLES E. HALBERT III
KNIGHT LAW PA
PO Box 1272
FAYETTEVILLE AR 72702
KARA PAXTON
CITY CLERK
113 WEST MOUNTAIN
FAYETTEVILLE, AR 72701
ATTN: Kara Paxton
Fayetteville City Clerk
City of Fayetteville, Arkansas
cityclerkn fUetteville-an gov
(479) 575-8327
KNIGHT LAW FIRM
ATTORNEYS AT LAW
PO BOX 1272
FAYETTEVILLE, AR 72702
PHONE (479) 571-0014
FAX (877) 450-0781
tripp@knightlaw.net
August 9, 2021
NOTICE OF APPEAL
Notice is hereby given that Wes & Lisa Vaughn ("Petitioners") appeal the decision
regarding Vaughn Recycling, LLC ("Vaughn Recycling") from the Fayetteville City
Planning Commission ("The Commission") to Fayetteville City Council Pursuant to the
Unified Development Code §155.01-§155.09.
I. FACTUAL BACKGROUND
1.) Vaughn Recycling has served the City of Fayetteville at 1246 S. School
Ave. for more than 13 years; fulfilling a need in the community, while providing a valuable
service to this City's residents.
2.) Beginning in March 2020, Vaughn Recycling received unexpected influx
of inventory and goods during the COVID 19 pandemic.
3.) Over the last 18 months, the prices of recycled metals nearly tripled.
4.) During this period, these prices drove voluminous amounts of metals to
Vaughn Recycling with no means to process or transport the goods due to the lack of
commercial truck drivers related to the COVID 19 pandemic.
5.) Vaughn Recycling was forced to utilize the Petitioners' contiguous property
on 1236 S. School Ave. to store the influx of inventory.
6.) On April 28, 2021, a notice was sent from the Commission advising that
Vaughn Recycling was in violation of its conditional use permit and citing the tracking of
mud and dirt into the public right-of-way. Staff advised the Petitioners that expansion of
their conditional use permit would be an option to remedy the violation. The Petitioners
applied requesting an amendment to their conditional use permit on June 1, 2021.
7.) On July 26, 2021, The Commission entered a final action, following a four
to four (4-4) split -vote, resulting in a denial of ADM-21-000045.
8.) On August 9, 2021, Vaughn Recycling timely filed this notice of appeal
with the City Clerk's office for an opportunity to be heard in front of the Fayetteville City
Council.
IL FORM, TIME, & PLACE
9.) The property in question is located on South School Avenue, south of City
Lumber, west of Walker Park, and north of The Attic, a thrift store, in Fayetteville,
Arkansas.
10.) To be valid, all municipal appeals must conform to the time, place, and form
requirements provided in UDC § 155.02.
2
11.) This requires that all appeals be submitted in writing, within ten (10)
working days from the date of the final action taken, and appeals made to the City Council
be filed with the City Clerk. See UDC §155.02(B).
12.) Additionally, three (3) Council Members must in unison appeal the decision
of the Planning Commission approving or denying a conditional use request.
13.) Here, Petitioners had a final hearing on July 26, 2021, and submitted this
timely written request with the support of three (3) council members to City Clerk.
14.) Thus, Petitioners' request for an appeal is timely and appropriate.
15.) Petitioners reserve the right to provide additional evidence, exhibits, and
images to the City Council/this Notice to Appeal as it becomes available to Petitioners.
III. COMMISION'S CONCERNS
16.) During the July 26 hearing, the Commission's concerns with the approval
of ADM-21-0000045 were focused on: a.) notice of violation that had been issued for the
mud/dirt tracked into the street; b.) the incompatibility of the expansion with surrounding
property; and c.) Vaughn Recycling's ability to comply with original terms of its
Conditional Use Permit.
a.) Mud/Dirt Tracked in the Public Right-of-way
17.) Petitioners acknowledge there was trackage on the public right-of-way on
or around February 1, 2021, caused by commercial and customer vehicles exiting their
premises.
I
18.) The mud and dirt were instigated by the uncommonly wet spring coupled
with the drastic uptick in commercial and individual traffic during the pandemic.
19.) Vaughn Recycling immediately remedied the tracking issue by pouring
numerous tons of gravel in their back loading areas on the 1246 and 1236 properties to
prohibit mud from being tracked onto South School Ave.
20.) This first-time violation should not be held over Vaughn Recycling when
the livelihood of the business is at stake, and it was corrected immediately.
b.) The Incompatibility of the Expansion with Surrounding Property
21.) Commission's position of incompatibility of the expansion of ADM-21-
000045 is misplaced. The properties surrounding Vaughn Recycling to the North, South,
and West are all retail/commercial or industrial zoned properties.
22.) The only property not being used as commercial is Walker Park, located to
the East of Vaughn Recycling. However, Walker Park and Vaughn Recycling are divided
by a fifty (50) yard wide timberline, preventing any view of the neighboring commercial
properties from Walker Park.
23.) Vaughn Recycling has spent ample time and resources ensuring it is
compliant with all Environmental Protections Agency's requirements. Vaughn Recycling
will supplement this information at request of the Council.
c.) Vaughn Recycling's Ability to Comply with Original Terms of its CUP.
24.) Vaughn Recycling concedes that it will need additional time to be compliant
with terms of ADM 08-3128.
0
25.) ADM 08-3128 revised condition reads, "Storage or processing of potentially
explosive or combustible materials and/or chemicals shall be prohibited. Indoor processing
and long-term storage of all materials shall be required. Customer drop-off and preliminary
sorting of materials prior to storage/processing for shipping shall be permitted outside
provided that a wood board fence is extended."
26.) With the massive amounts of recycled metals currently on both 1246 and
1236 properties, Petitioners have been forced to store goods outside longer than planned.
Petitioners are hopeful that as transportation logistics normalize, they will be able to be
compliant with ADM 08-3128.
27.) With approval of ADM-21-0000045 Vaughn Recycling will be able to store
trailers on the back of 1236 property and load and process inventory as it is received
(contingent on commercial truck being available to move inventory). This process will
eliminate the long-term storage of materials outside.
IV. PUBLIC INTEREST FOR APPROVAL
28.) The Commission shall make the findings that the granting of a conditional
use will not adversely affect the public interest. UDC §163.02(C)(3).
29.) Vaughn Recycling employs approximately ten (10) blue-collar workers
throughout the year and pays local taxes bolstering the City's revenue available for
improvements to roads, schools, and area green spaces.
30.) Twenty percent (20%) of Vaughn Recycling's business consists of walk-in
business. These customers are generally individuals who typically struggle to maintain
regular employment that can collect recyclable goods around town to earn a livelihood.
E
31.) The other eighty percent (80%) of Vaughn Recycling business is made up
of local small businesses and large-scale corporations trying to reduce the amount of waste
sent to local landfills.
32.) Furthermore, by utilizing Vaughn Recycling, the City is saving valuable
raw materials, minimizing the area's carbon -footprint, and helping businesses satisfy
escalating recycling industry standards.
33.) For reasons stated above, the approval of ADM 21-00045 is in public's
interest to allow Vaughn Recycling the ability to expand their operations onto the 1236
South School Ave.
V. PRAYER FOR RELIEF
WHEREFORE, Petitioners pray the Council approve ADM-21-000045 in its
entirety and enter a decision in Petitioners' favor to allow Vaughn Recycling, LLC, to
continue to operate and provide its service to the City of Fayetteville and any other relief
to which Petitioners might be entitled. If ADM-21-0000045 is denied, Vaughn Recycling
may be forced to close its facility.
Dated: August 9, 2021
Respectfully Submitted,
Knight Law Firm
Charles E. Halbert III
CEH
cc: Vaughn Recycling, LLC
6
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF SEPTEMBER 7, 2021
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Jessie Masters, Development Review Manager
FROM: Ryan Umberger, Senior Planner
DATE: August 20, 2021
CITY COUNCIL MEMO
SUBJECT: ADM-2021-000045: Administrative Item (1236 S. SCHOOL AVE./VAUGHN
RECYCLING, 562): Submitted by DON & LISA VAUGHN for property located at
1236 S. SCHOOL AVE. The property is zoned DG, DOWNTOWN GENERAL and
contains approximately 1.50 acres. The request is to amend CUP 08-2908, a
conditional use permit allowing a center for collecting recyclable materials, to be
expanded to include the subject property.
RECOMMENDATION:
The Planning Commission and City Planning staff recommend denial of a request for an
amendment to the Vaughn Recycling conditional use permit associated with CUP 08-2908 as
described and shown in the attached Exhibits `A' and `B'.
BACKGROUND:
The subject property is located on S. School Avenue, south of City Lumber, west of Walker Park,
and north of The Attic, a thrift store. The subject properties total approximately 1.50 acres and are
the site of a recycling facility. The property contains a metal structure which previously operated
as Bud's Import Auto Parts. The paved parking area and backyard previously served as vehicle
storage.
In March of 2008, a conditional use permit (CUP 08-2908) was issued to operate a center for the
collection of recyclable materials, Use Unit 28, in C-2, Thoroughfare Commercial zoning. Later
that year the property was rezoned to DG, Downtown General as a part of the Walker Park
Neighborhood Plan. Use Unit 28 is also a conditional use in DG zoned properties. In October
2008, a request to amend the conditions of approval of CUP 08-2908 was approved (ADM 08-
3128). Specifically, the request amended condition #1 which states, "All materials shall be sorted,
processed, packed, and stored inside the building. Storage or processing of potentially explosive
or combustible materials and/or chemicals shall be prohibited." ADM 08-3128 revised condition
#1 to read:
"Storage or processing of potentially explosive or combustible materials and/or chemicals
shall be prohibited. Indoor processing and long-term storage of all materials shall be
required. Customer drop-off and preliminary sorting of materials prior to
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
storage/processing for shipping shall be permitted outside provided that a woodboard
fence is extended, as shown on the site plan. Materials shall not be visible above the
woodboard fence and/or from the public right of way."
More recently, in February of 2021, staff received a complaint that the recycling business was
storing multiple trailers in front of the property and that the operation had expanded to 1236 S.
School Avenue without a permit (CVZD-2021-000262). A separate complaint was submitted to
the Transportation Division due to dirt and mud being tracked onto S. School Avenue. Multiple
inspections confirmed the presence of the trailers and expanded footprint of the business. A
violation letter was issued on April 28, 2021, to the subject property's owner, advising that the
business is in violation of its conditional use permit.
Request: The applicant requests to expand their conditional use permit (CUP 08-2908) to include
a property, at 1236 S. School Avenue for the Vaughn Recycling Center operation. The applicant
suggests that their business has grown in recent years due to rising metal prices and they have
found it difficult to store their inventory and vehicles without overflowing onto the neighboring
property.
Findings: Staff finds that expanding the recycling center to the property at 1236 S. School Avenue
is not inherently incompatible with the surrounding uses. As it currently exists, the corridor is
characterized by bulk or auto -oriented businesses. City Lumber to the north, a used auto repair
shop to the west, and other intense commercial and retail uses in the vicinity are unlikely to be
negatively affected by the expansion. Further, staff acknowledges that the applicant has been
cooperative in correcting the violation and is following staff's instruction for an alternative to
remedy the issue. However, with due consideration to the current operation and its inability to
meet certain conditions set out in the original permit and amendment, staff finds that expansion
is not appropriate in this instance.
The applicant cites logistical issues, largely brought on by the Covid-19 health crisis, have
contributed to the violation being reported. The applicant says that increased prices for recycled
metals brought an influx of material to the site and the facility did not have the means to process
the goods. Compounding the situation, Vaughn Recycling had difficulty finding trucks to haul
metal from the site which has left them with an abundance of material. Staff finds, however, that
it is not apparent the business has operated within the bounds of its conditional use permit and
amendment since they were granted. The applicant does not appear to be compliant with
conditions 1 (as amended), 2, 8, or 13. Condition #1 requires materials to not be visible above
the woodboard fence or from public right-of-way. Staff finds the condition is not being met as
materials are evident in pictures provided during inspection and continue to be visible as of a site
visit on July 21st. Condition #2 requires trailers to be parked only at the rear of the building. This
condition was not being met and was the impetus behind the violation being issued. Trailers are
no longer present in front of 1236, or 1246 S. School Avenue. Condition #8 requires curb stops
or curbing to be installed along any parking or maneuvering areas adjacent to greenspace. Curb
stops appear to have been installed accordingly in 2008 but either no longer remain or have been
buried under recyclable materials that encroach on an area designated for greenspace along the
east property line. Condition #13 states that any future expansion of the proposed use or
redevelopment of the site shall require Planning Commission approval of a separate conditional
use request, Master Street Plan right-of-way dedication, and a Site Improvement Plan or a Large
Scale Development request. A plan has not been submitted and historic aerial imagery suggests
that materials have been stored on the property at 1236 S. School Avenue dating back to 2012.
Should the Planning Commission choose to approve the request staff recommends a condition
that the expanded development is reviewed through the appropriate development review.
Staff finds that expanding the recycling facility's operational area would undoubtably assist with
maneuverability of trucks and storage of trailers behind the building at 1246 S. School Avenue.
However, expansion is unlikely to improve the facility's ability to process the scale of recyclable
materials coming to the business in accord with the conditions of approval. Staff recommends
that the scale of the existing business should be compliant with the existing conditional use permit
before seeking entitlements to expand. Should the Planning Commission choose to approve the
request, staff recommends a condition be added that all materials are sorted, process, packed
and stored inside the existing building or an expanded facility.
Public Comment: Staff has received no public comment regarding this request.
DISCUSSION:
At the July 26, 2021 Planning Commission meeting, a vote to approve the item as requested with
a one-year expiration failed with a vote of 4-4-0; Commissioner Winston made the motion, with
Commissioner Paxton seconding. Commissioners in favor of the request found that by granting
approval of the expansion with a one-year expiration the business could transition its practices in
a fashion that would meet the requirements of the conditional use permit. Commissioners
Canada, Garlock, Sparkman, and Wiederkehr voted against the request. Those opposed
suggested they were unable to reconcile approving an expansion of the business when there
were outstanding violations of the existing conditional use permit. There were no comments from
the public at the meeting.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
0 Planning Commission Staff Report
ADM-2021-000045
Vaughn Recycling
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CITY OF
i
FAYETTEVILLE PLANNING COMMISSION MEMO
ARKANSAS
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Ryan Umberger, Senior Planner
MEETING DATE: July 26, 2021
SUBJECT: ADM-2021-000045: Administrative Item (1236 S. SCHOOL
AVEJVAUGHN RECYCLING, 562): Submitted by DON & LISA VAUGHN
for property located at 1236 S. SCHOOL AVE. The property is zoned DG,
DOWNTOWN GENERAL and contains approximately 1.50 acres. The
request is to amend CUP 08-2908, a conditional use permit allowing a
center for collecting recyclable materials, to be expanded to include the
subject property.
RECOMMENDATION:
Staff recommends denial of ADM-2021-000045.
RECOMMENDED MOTION:
"I move to deny ADM-2021-000045."
June 28, 2021 PLANNING COMMISSION MEETING:
On June 28t", the Planning Commission voted to table the item until the meeting scheduled
for July 26t" at the request of the applicant. In the intervening weeks staff received a revised
request letter indicating that Vaughn Recycling has removed all trailers parked in front of
the property and gravel has been poured in the loading area to mitigate mud and dirt from
being tracked onto S. School Avenue. Staff visited the site on Wednesday, July 21st and
confirmed that the work occurred.
BACKGROUND:
The subject property is located on S. School Avenue, south of City Lumber, west of Walker Park,
and north of The Attic, a thrift store. The subject properties total approximately 1.50 acres and is
the site of a recycling facility. The property contains a metal structure which previously operated
as Bud's Import Auto Parts. The paved parking area and backyard previously served as vehicle
storage.
In March of 2008, a conditional use permit (CUP 08-2908) was issued to operate a center for the
collection of recyclable materials, Use Unit 28, in C-2, Thoroughfare Commercial zoning. Later
that year the property was rezoned to DG, Downtown General as a part of the Walker Park
Neighborhood Plan. Use Unit 28 is also a conditional use in DG zoned properties. In October
2008, a request to amend the conditions of approval of CUP 08-2908 was approved (ADM 08-
3128). Specifically, the request amended condition #1 which states, "All materials shall be sorted,
processed, packed, and stored inside the building. Storage or processing of potentially explosive
or combustible materials and/or chemicals shall be prohibited." ADM 08-3128 revised condition
#1 to read, "Storage or processing of potentially explosive or combustible materials and/or
chemicals shall be prohibited. Indoor processing and long-term storage of all materials shall be
required. Customer drop-off and preliminary sorting of materials prior to storage/processing for
shipping shall be permitted outside provided that a woodboard fence is extended, as shown on
the site plan. Materials shall not be visible above the woodboard fence and/or from the public right
of way." Surrounding land uses and zoning are depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Commercial/Retail
DG, Downtown General
South
Commercial/Retail
DG, Downtown General
East
Walker Park
P-1, Institutional
West
Commercial/Retail
DG, Downtown General
Request: As noted above, the property owner holds an approved conditional use permit (CUP 08-
2908) to use a portion of the property, at 1246 S. School Avenue as Vaughn Recycling Center.
The applicant requests to expand their conditional use permit to include the adjoining property to
the north, 1236 S. School Avenue. The applicant suggests that their business has grown in recent
years due to rising metal prices and they have found it difficult to store their inventory and vehicles
without overflowing onto the neighboring property.
Public Comment: Staff has received no public comment regarding this request.
DISCUSSION:
In February of 2021 staff received a complaint that the recycling business was storing multiple
trailers in front of the property and that the operation had expanded to 1236 S. School Avenue
without a permit (CVZD-2021-000262). A separate complaint was submitted to the Transportation
Division due to dirt and mud being tracked onto S. School Avenue. Multiple inspections confirmed
the presence of the trailers and expanded footprint of the business. A violation letter was issued
on April 28, 2021, to the subject property's owner, advising that the business is in violation of its
conditional use permit. Staff advised the applicant that expansion of their conditional use permit
would be an option to remedy the violation. The property owner applied requesting an amendment
to their conditional use permit on June 1, 2021
Staff finds that expanding the recycling center to the property at 1236 S. School Avenue is not
inherently incompatible with the surrounding uses. As it currently exists, the corridor is
characterized by bulk or auto -oriented businesses. City Lumber to the north, a used auto repair
shop to the west, and other intense commercial and retail uses in the vicinity are unlikely to be
negatively affected by the expansion. Further, staff acknowledges that the applicant has been
cooperative in correcting the violation and is following staff's instruction for an alternative to
remedy the issue. However, with due consideration to the current operation and its inability to
meet certain conditions set out in the original permit and amendment, staff finds that expansion
is not appropriate in this instance.
The applicant cites logistical issues, largely brought on by the Covid-19 health crisis, have
contributed to the violation being reported. The applicant says that increased prices for recycled
metals brought an influx of material to the site and the facility did not have the means to process
the goods. Compounding the situation, Vaughn Recycling had difficulty finding trucks to haul
metal from the site which has left them with an abundance of material. Staff finds, however, that
it is not apparent the business has operated within the bounds of its conditional use permit and
amendment since they were granted. The applicant does not appear to be compliant with
conditions 1 (as amended), 2, 8, or 13. Condition #1 requires materials to not be visible above
the woodboard fence or from public right-of-way. Staff finds the condition is not being met as
materials are evident in pictures provided during inspection and continue to be visible as of a site
visit on July 21It. Condition #2 requires trailers to be parked only at the rear of the building. This
condition was not being met and was the impetus behind the violation being issued. Trailers are
no longer present in front of 1236, or 1246 S. School Avenue. Condition #8 requires curb stops
or curbing to be installed along any parking or manuvering areas adjacent to greenspace. Curb
stops appear to have been installed accordingly in 2008 but either no longer remain or have been
buried under recyclable materials that encroach on an area designated for greenspace along the
east property line. Condition #13 states that any future expansion of the proposed use or
redevelopment of the site shall require Planning Commission approval of a separate conditional
use request, Master Street Plan right-of-way dedication, and a Site Improvement Plan or a Large
Scale Development request. A plan has not been submitted and historic aerial imagery suggests
that materials have been stored on the property at 1236 S. School Avenue dating back to 2012.
Should the Planning Commission choose to approve the request staff recommends a condition
that the expanded development is reviewed through the appropriate development review.
Staff finds that expanding the recycling facility's operational area would undoubtably assist with
maneuverability of trucks and storage of trailers behind the building at 1246 S. School Avenue.
However, expansion is unlikely to improve the facility's ability to process the scale of recyclable
materials coming to the business in accord with the conditions of approval. Staff recommends
that the scale of the existing business should be compliant with the existing conditional use permit
before seeking entitlements to expand. Should the Planning Commission choose to approve the
request, staff recommends a condition be added that all materials are sorted, process, packed
and stored inside the existing building or an expanded facility.
RECOMMENDATION: Staff recommends denial of ADM-2021-000045. Should the
Commission recommend in favor of the request, staff recommends the expansion of the
recycling facility be allowed with the following conditions:
Conditions of Approval:
1. Planning Commission determination of compatibility with adjacent properties.
2. All conditions of approval of the associated conditional use permit (CUP 08-2908,
attached) will remain in effect. The requested area shall be subject to the same
conditions of approval including master street plan dedication and approval of a
site improvement plan or large scale development.
3. All materials shall be sorted, processed, packed, and stored inside the existing
building or an expanded facility. Storage or processing of potentially explosive or
combustible materials and/or chemicals shall be prohibited.
4. Large trailers shall be utilized for loading and removal of materials from the site and
may not be utilized for storage. Large trailers shall be parked for loading only at the
rear of the building, as indicated on the site plan, and shall not be visible from the
public right-of-way, until the time of shipping materials. Any one trailer may be
parked at the site for a maximum of five (5) days.
5. The applicant shall include a bioswale, east of the paved maneuvering area, for
drainage purposes, to be approved by the Engineering Division.
6. Hours of operation shall be limited to Monday through Friday, 7:30 AM — 5:30 PM,
and Saturday, 8:00 AM — 2:00 PM.
7. Staff recommends that a wood board fence, no less than six (6) feet in height, be
constructed along the length of the north property line to screen the use from the
adjoining properties. Additionally, staff recommends that the applicant plant a
continuous row of evergreen vegetation along the north property line, south of the
recommended wood board fence. Staff also recommends that the applicant screen
any newly proposed maneuvering areas with evergreen trees.
8. As part of the development entitlements, the applicant shall submit a site
improvement plan or large scale development, landscape and tree preservation
plan for approval pursuant to City ordinances and in addition to any other plans
deemed necessary as part of said review. Adequate vegetative screening shall be
provided as required by ordinance or as deemed appropriate by the City Planning
Division.
9. Parking in areas identified in the original site plan as "loading" or "unloading" areas
shall be for day-to-day customer unloading/loading and enforced by the applicant.
Should the proposed use require more than the maximum allowable parking on the
subject property (8 parking spaces), the applicant shall submit an additional
conditional use request for supplementary parking.
10. Curb stops or curbing shall be installed along any parking or maneuvering areas
adjacent to greenspace, to protect the plants therein.
11. Any existing non -conforming signage shall be removed, together with its
supporting structure prior to issuance of a building permit. All new signs shall be
permitted according to City codes.
12. All exterior lights shall comply with the City lighting ordinance. Manufacturer's cut -
sheets are required for review and approval prior to issuance of a building permit.
13. Vehicles that access the site must enter and exit in a forward manner, in accordance
with City regulations.
14. In compliance with City ordinance, any dumpsters shall be screened with materials
compatible with, and complementary to, the principal structure with access not
visible from the street.
15. Future expansion of the proposed use or redevelopment of the site shall require
Planning Commission approval of a separate conditional use request, Master Street
Plan right-of-way dedication, and a site improvement plan or a large scale
development request.
PLANNING COMMISSION ACTION: Required YES
Date: July 26, 2021
Motion:
Second:
Vote:
BUDGET/STAFF IMPACT:
None
O Tabled O Approved
Attachments:
• Previously -approved Conditions (CUP 08-2908)
• Amended Conditions (ADM 08-3128)
• Request Letter
• 5/28/2021 Request
• 7/19/2021 Request
• Violation Letter
• Exhibit
• Site Photos
• One Mile Map
• Close-up Map
• Current Land Use Map
O Denied
maneuvering of large semi -trucks. As the site does not currently meet City site
development regulations, the applicant proposes to improve portions of the subject
property to include landscaping, green space, screening, and an updated parking lot.
Several revisions have been made to the proposed site plan since the conditional use
request was discussed at the Planning Commission meeting on February 28, 2008. The
revised proposal includes a decrease in paved area resulting in an increase in greenspace,
an increase in the proposed landscaping, significant screening and buffering between the
proposed use and the adjacent child care facility, and a proposed drive aisle that meets the
requirements of Chapter 177.
Request: The applicant requests approval of a conditional use permit to operate a center
for the collection of recyclable materials (Use Unit 28) in the C-2 zoning district, at 1246
S. School Avenue.
Public Comment: Staff has received public comment from the adjacent property owner
to the south, which contains a child care facility. She has expressed safety concern with
the proposed use that would be directly adjacent to -the designated play area for the
facility, between the proposed drive aisle for the recycling center and the existing child
care building. She has stated that she does not oppose the use if adequate screening and
buffering between the two properties is provided for safety purposes and to obscure the
view of the proposed use. The applicant proposes to screen and buffer the use at the south
property line with a wood board fence and vegetation to provide screening.
RECOMMENDED MOTION:
Staff recommends approval of CUP 08-2908 with the following conditions:
1. All materials shall be sorted, processed, packed, and stored inside the building.
Storage or processing of potentially explosive or combustible materials and/or
chemicals shall be prohibited.
2. Large trailers shall be utilized only for loading and removal of materials from the
site, and may not be utilized for storage. Large trailers shall be parked for loading
only at the rear of the building, as indicated on the site plan, and shall not be
visible from the public right-of-way, until the time of shipping of materials. Any
one trailer may be parked at the site for a maximum of five (5) days.
3. The paved maneuvering area shall be extended 12 feet to the east to ensure
maneuverability. The applicant shall include a bioswale, east of the paved
maneuvering area, for drainage purposes, to be approved by the Engineering
Division.
PLANNINGING COMMISSION CONDITION OF APPROVAL
4. Hours of operation shall be limited to Monday through Friday, 7:30 AM - 5:30
PM, and Saturday, 8:00 AM — 2:00 PM.
5. Staff recommends that a wood board fence, no less than six feet in height, be
constructed along a portion of the south property line, as indicated on the site
plan, to screen the use from the property to the south. Additionally, staff
recommends that the applicant plant a continuous row of evergreen vegetation
along the south property line, west of the recommended wood board fence. Staff
also recommends that the applicant screen the east side of the proposed
maneuvering area located at the eastern portion of the subject property with
evergreen trees.
6. As part of the building permit, the applicant shall submit a Site Improvement
Plan, Landscape and Tree Preservation Plan for approval pursuant to City
Ordinance and in addition to any other plans deemed necessary as part of said
review. Adequate vegetative screening shall be provided as required by ordinance
or as deemed appropriate by the City Planning Division.
7. Parking in areas identified on the proposed site plan as "loading" or "unloading"
areas shall be for day-to-day customer unloading/loading and enforced by the
applicant. Should the proposed use require more than the maximum allowable
parking on the subject property (8 parking spaces), the applicant shall submit a
conditional use request for additional parking.
8. Curb stops or curbing shall be installed along any parking or maneuvering areas
adjacent to greenspace, to protect the plants therein.
9. Any existing non -conforming signage shall be removed, together with its
supporting structure prior to issuance of a building permit. All new signs shall be
permitted according to City codes.
10. All exterior lights shall comply with the City lighting ordinance. Manufacturer's
cut -sheets are required for review and approval prior to issuance of a building
permit.
11. Vehicles that access the site must. enter and exit in a forward manner, in
accordance with city regulations. `
12. In compliance with City ordinance, any dumpsters shall be screened with
materials compatible with, and complementary to, the principal structure with
access not visible from the street.
13. Future expansion of the proposed use or redevelopment of the site shall require
Planning Commission approval of a separate conditional use request, Master
Street Plan right-of-way dedication, and a Site Improvement Plan or a Large Scale
Development request.
PLANNING COMMISSION ACTION: Required YES
Planning Commission Action: x Approved ❑ Denied ❑ Tabled
Motion: Ostner
Second: Cabe
Vote: 6-0-0
Meeting Date: March 10, 2008
City Plan 2025 designation: City Neighborhood Area
Guiding policies include protecting adjoining properties from the potential adverse
impacts associated with non-residential uses adjacent to and within residential areas with
proper mitigation measures.
Section 163.02. AUTHORITY; CONDITIONS; PROCEDURES.
B. Authority; Conditions. The Planning Commission shall:
1. Hear and decide only such special exemptions as it is specifically
authorized to pass on by the terms of this chapter.
2. Decide such questions as are involved in determining whether a
conditional use should be granted; and,
3. Grant a conditional use with such conditions and safeguards as are
appropriate under this chapter; or
4. Deny a conditional use when not in harmony with the purpose and
intent of this chapter.
C. A conditional use shall not be granted by the Planning Commission unless
and until:
1. A written application for a conditional use is submitted indicating
the section of this chapter under which the conditional use is
sought and stating the grounds on which it is requested.
Finding: The applicant has submitted a written application :requesting a
conditional use for a recycling center (Use Unit 28) within the C-2
zoning district.
2. The applicant shall pay a filing fee as required under Chapter 159
to cover the cost of expenses incurred in connection with
processing such application.
Finding: The applicant has paid the required filing fee.
3. The Planning Commission shall make the following written
findings before a conditional use shall be issued:
(a.) That it is empowered under the section of this chapter
condition of approval #5) approximately 30 feet to the west then north to connect with the existing
structure, with a wood board gate to provide access to the eastern portion of the site.
With a better understanding of the demand for the recycling and the way the site works in relation to the
operation of sorting, packing, and storing recyclable materials, the applicant has stated his intent to
expand the business to the adjacent lot to the north,1236 South School Avenue, and construct a building
large enough to accommodate the operation. This expansion is not being reviewed at this time and will be
require additional approvals.
DISCUSSION
Staff finds in favor of the applicant's request. The City of Fayetteville places a high priority on recycling,
and Vaughn Recycling provides a recycling service that the City is not able to provide - recycling of
aluminum, brass, copper, radiators, stainless and short steel, computers, and cell phones. Staff finds that
the importance of vehiclar safety, specifically prevention of stacking on South School Avenue, preceeds
immediate transfer or materials inside for sorting. The nature of sorting the above referenced materials
outdoors is not dangerous or detrimental to adjacent properties, considering that a woodboard fence, no
less than six feet in height, will contain the operation and obscure visibility from the public right-of-way
and adjacent properties.
Condition of approval 413 states that "future expansion of the proposed use or redeveopment of the site
shall require Planning Commission approval of a separate conditional use request, Master Street Plan
right-of-way dedication, and a Site Improvement Plan or a Large Scale Development request". Should the
applicant utilize the property to the north as stated in the attached letter, staff will likely recommend a
condition of approval that all materials shall be sorted, processed, packed, and stored inside the building.
RECOMMENDATION
As a result of a site visit and analysis of the operation, staff finds that the applicant's request is justified
and will not be detrimental to the surrounding area. Therefore, staff recommends approval of ADM 08-
3128 with the following conditions:
Condition of Approval #1 of CUP 08-2908 shall be revised to the following: Storage or
processing of potentially explosive or combustible materials and/or chemicals shall be prohibited.
Indoor processing and long-term storage of all materials shall be required. Customer drop-off and
preliminary sorting of materials prior to storage/processing for shipping shall be permitted outside
provided that a wood board fence is extended, as shown on the site plan. Materials shall not be
visible above the woodboard fence and/or from the public right-of-way.
2. All other conditions of approval from conditional use application (CUP 08-2908) shall remain in
force.
Planning Commission Action: [/Approved ❑ Tabled ❑ Denied
Motion: Like, %,
Second: (grotas
Vote: G- o- I Mr K w►bo
Meeting Date: October 13, 2008
K•IReporis120081PCReports 119-October 1A4DM08-3128 (Vaughn Recycling).doc
RE: Amending current CUP at 1246 S. School Ave to include neighboring 1236 S.
School Ave. property, both owned by the applicants Donald and Lisa Vaughn.
We have operated our recycling center from 1246 S. School Ave. for approx. 13
years. Over the years our business has grown due to rising metal prices. As of the
last few months we have expanded as far as we can on the current property. We
have had to use our connecting property at 1236 S School Ave for parking trailers
or storing certain equipment. Currently, due to the covid-19 crisis, we have found
it difficult to get trucks in to haul off our metals, this has created a problem with
space as well. We have done our best to keep within 1246 S. School property
lines but due to the above referenced issues have not been able to do so at all
times.
Nothing about the operation of our business has changed, we are still operating
the same way and for the same reasons as we were 13 years ago.
We are requesting that the property at 1236 S. School Ave. be added into the
current CUP for 1246 S. School Ave. this will help us to better serve our customers
and the city as we perform an invaluable service to this community.
I ask that you take our request into consideration as the future of our business
depends on it.
Donald Vaughn
Vaughn Recycling LLC
Owner
Lisa Vaughn
Vaughn Recycling LLC
KNIGHT LAW FIRM
ATTORNEYS AT LAW
PO BOX 1272
FAYETTEVILLE, AR 72702
PHONE (479) 571-0014
FAX (877) 450-0781
tripp@knightlaw.net
July 19, 2021
ATTN: Ryan Umberger
Senior Planner
City of Fayetteville, Arkansas
rumberger@fayetteville-ar.gov
(479) 575-8327
Re: ADM-21-000045 (Vaughn Recycling, LLC)
Mr. Ryan Umberger,
I hope this letter finds you well. I am writing this on behalf of my client,
Vaughn Recycling, LLC, ("Vaughn Recycling") regarding their conditional use permit
and amendment in the matter listed above. Any additional, information that the City of
Fayetteville needs or clarity on an issue please do not hesitate to reach out.
Vaughn Recycling has served the City of Fayetteville at 1245 S. School Ave. ("1245
Property") for more than 13 years. Fulfilling a need in the community, while providing a
valuable service to the City's residents. Vaughn Recycling does business with a wide
range of both individual and commercial customers. By approving the ADM-21-0045,
Vaughn Recycling will be able to meet the conditions of both the CUP and ADM keep up
with the large demand of its customers. Vaughn Recycling would be allowed to expand
their loading area/process in the back of the 1236 S. School Avenue ("1236 Property").
Once approved, Vaughn Recycling would be able to improve how it loads and processes
inventory as it is received. Moving forward, Vaughn Recycling will be able to load
metals into an enclosed trailer and ship the trailer daily (contingent on the availability of
truck drivers). This would avoid having the inventory placed outside, for any length of
time, to be processed and stored (complying with CUP 08-2908 storage of all materials).
Furthermore, Vaughn Recycling has made great strides to remedy any and all concerns or
issues that the City has brought to its attention. First, Vaughn Recycling has remedied the
dirt and mud issue, addressed in the June 8, 2021, letter (please find enclosed herein), by
pouring numerous tons of gravel in their loading area on the 1245 Property to prohibit
mud from being tracked onto South School Ave. This mud and dirt were instigated by the
uncommonly wet Spring coupled with the uptick in customer and commercial traffic
during the pandemic. Vaughn Recycling had gravel laid but these factors caused the
preexisting gravel to compact and settle.
Next, Vaughn Recycling has removed all trailers parked in front of 1236 Property and
1245 Property. These commercial trailers were the initial issue that triggered the violation
of the CUP. This violation was directly connected to the unexpected influx of inventory
and goods Vaughn Recycling received during the COVID 19 pandemic. Over the last 18
months, the prices of recycled metals nearly tripled across the board. Increased prices
drove massive amounts of metals to Vaughn Recycling with no means to process or
transport the goods due to the lack of commercial truck drivers during these uncertain
times. Due to this increase in metals, Vaughn Recycling was forced to move these
commercial trailers from behind its facility on 1245 Property to the frontage of the 1236
Property to keep up with the demand. With the approval of both the CUP and ADM,
Vaughn Recycling can guarantee that these trailers will never be parked on the road
frontage again.
We request the staff to reconsider revising its recommendation to the City's Planning
Commission. I urge a staff member to examine the work that has been done at both the
1236 Property and 1245 Property over the course of the last few weeks. Vaughn
Recycling will continue to strive to work with the City's requests. This past year has been
a challenging and difficult time for all of us. Vaughn Recycling is no exception. We
understand the weight and deference the Commission gives to the staffer's
recommendation. It is our position that the approval of ADM-21-000045 is vital to the
success and future of Vaughn Recycling.
Best,
Knight Law Firm
Charles E. Halbert III
CEH
cc: Vaughn Recycling, LLC
2
A ftrl_- CITY OF
FAYETTEVILLE
ARKANSAS
VIOLATION NOTICE
April 28, 2021
VAUGHN REVOCABLE TRUST
13553 OWL HOLLOW RD
WEST FORK, AR 72774
Re: Zoning Violation
Dear Property Owner:
City Staff received a complaint and it appears that your property, located at 1246 S. School Ave.
Fayetteville, AR 72701, contains a violation of the Conditional Use Permit that was obtained for this
property. It is our goal to notify and assist property owners to correct violations of Conditional Use
Permits before taking actual enforcement actions. If you need clarification of this notice or advice on
how to correct the problem, please call our office at (479) 444-3443.
Violation:
In violation of "CUP 08-2908 1246 S. School Avenue (Vaughn Recycling Center)"
Remedial Action(s) needed for compliance:
• Amend the existing CUP permit above to include any and all expansion of the business by applying
for the "Amendments to Conditional Use Permits" application online at: https:Hegov.fayetteville-
ar.gov/EnerGov Prod/SelfService#/home
• Setup a meeting with City Planner to determine if a Site Improvement Plan or a Large -Scale
Development will be needed also and then apply for that permit; 479-575-8267.
• Resolve the violation of the trailers parking along the School Ave side that are being used for the
recycle business as that is not allowed.
Penalty:
If the remedial actions above are not completed within thirty (30) days from the service of this notice,
this notice and all documents related to this case shall be turned over to the City Prosecutor's
Office. If you disagree with our conclusion that your property contains a violation of our ordinances,
you have the right to an appeal. Please see Chapter 155 of the Unified Development Code.
It is our goal to notify and assist property owners to correct violations of city ordinances before taking
actual enforcement actions. If you need clarification of this notice or advice on how to correct the
problem, please call our office at (479) 444-3443.
Sincerely,
Drew Richmond
Planning Technician
Mailing Address: CITY PLANNING
113 W. Mountain Street www.fayetteville-ar.gav
Fayetteville, AR 72701
ADM-2021-000045
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Received 10/5/21 10:53 AM
B.1 2021-0659
1236 S. School/Vaughn Recycling
Staff recommends denial of ADM-2021-000045. Should the Council approve the appeal,
staff recommends the following conditions:
Conditions of Approval (as proposed by staff to Planning Commission):
1. City Council determination of compatibility with adjacent properties.
2. All conditions of approval of the associated conditional use permit will remain in effect.
The requested area shall be subject to the same conditions of approval including master
street plan dedication and approval of a site improvement plan or large scale development.
3. All materials shall be sorted, processed, packed, and stored inside the existing building or
an expanded facility. Storage or processing of potentially explosive or combustible
materials and/or chemicals shall be prohibited.
4. Large trailers shall be utilized for loading and removal of materials from the site and may
not be utilized for storage. Large trailers shall be parked for loading only at the rear of the
building, as indicated on the site plan, and shall not be visible from the public right-of-way,
until the time of shipping materials. Any one trailer may be parked at the site for a
maximum of five (5) days.
5. The applicant shall include a bioswale, east of the paved maneuvering area, for drainage
purposes, to be approved by the Engineering Division.
6. Hours of operation shall be limited to Monday through Friday, 7:30 AM — 5:30 PM, and
Saturday, 8:00 AM — 2:00 PM.
7. Staff recommends that a wood board fence, no less than six (6) feet in height, be
constructed along the length of the north property line to screen the use from the adjoining
properties. Additionally, staff recommends that the applicant plant a continuous row of
evergreen vegetation along the north property line, south of the recommended wood board
fence. Staff also recommends that the applicant screen any newly proposed maneuvering
areas with evergreen trees.
8. As part of the development entitlements, the applicant shall submit a site improvement
plan or large scale development, landscape and tree preservation plan for approval
pursuant to City ordinances and in addition to any other plans deemed necessary as part
of said review. Adequate vegetative screening shall be provided as required by ordinance
or as deemed appropriate by the City Planning Division.
9. Parking in areas identified in the original site plan as "loading" or "unloading" areas shall
be for day-to-day customer unloading/loading and enforced by the applicant. Should the
proposed use require more than the maximum allowable parking on the subject property
(8 parking spaces), the applicant shall submit an additional conditional use request for
supplementary parking.
10. Curb stops or curbing shall be installed along any parking or maneuvering areas adjacent
to greenspace, to protect the plants therein.
11. Any existing non -conforming signage shall be removed, together with its supporting
structure prior to issuance of a building permit. All new signs shall be permitted according
to City codes.
12. All exterior lights shall comply with the City lighting ordinance. Manufacturer's cut -sheets
are required for review and approval prior to issuance of a building permit.
13. Vehicles that access the site must enter and exit in a forward manner, in accordance with
City regulations.
14. In compliance with City ordinance, any dumpsters shall be screened with materials
compatible with, and complementary to, the principal structure with access not visible from
the street.
15. Future expansion of the proposed use or redevelopment of the site shall require Planning
Commission approval of a separate conditional use request, Master Street Plan right-of-
way dedication, and a site improvement plan or a large scale development request.
Additional Planning Commission Condition:
16. Approval expires after one year and the permits is subject to revocation should further
complaints of debris tracked into the public right-of-way occur.
Planning Commission Motions:
Motion: Sparkman, to deny
Second: Garlock
Vote: 4-4-0
Motion: Winston, to approve, amended with Condition #16 described above
Second: Paxton
Vote: 4-4-0