ADMINISTRATIVE HEARING STAFF REPORT

Transcription

1 ADMINISTRATIVE HEARING STAFF REPORT Lucency Corp Recycling Processing Center 1875 West 1500 South CONDITIONAL USE Case #PLNPCM September 26, 2013 Planning and Zoning Division Department of Community and Economic Development Applicant Shuk Kam Lui Staff Ana Valdemoros (801) Current Zone M-1 Light Manufacturing Council District Council District 2 Kyle LaMalfa Lot Size Approximately 1.22 acres or 53,143 sq ft Current Use Industrial Manufacturing Applicable Land Use Regulations Conditional Use 21A General Provisions REQUEST The applicant Shuk Kam Lui of Lucency Corp, is requesting conditional use approval to operate a recycling and processing center at approximately 1875 West 1500 West. The property is located in the M-1(Light Manufacturing) zoning district. STAFF RECOMMENDATION Based on the analysis in the staff report, it is the Planning Staff s finding that the project generally meets the applicable standards for Conditional Use approval and therefore recommends that the Administrative Hearing Officer approve the proposed conditional use at 1875 West 1500 South. Conditions of Approval 1. Compliance with all departmental comments. 2. No outdoor storage shall be stacked higher than the enclosing wall or fence. Notification Notice mailed on Septernber 13, 2013 Posted on City & State Websites September 20, 2013 Attachments A. Site Plan, Elevations & Applicant letter B. Departmental Comments PLNPCM Lucency Corp Conditional Use 1

2 Vicinity Map PLNPCM Lucency Corp Conditional Use 2

3 BACKGROUND Lucency Corp is requesting conditional use approval to use the existing premise as recycling processing center. The building is located at 1875 West 1500 South on a parcel approximately 1.22 acres or 53,143 sq ft in size. In the M-1 Zoning District, a n outdoor recycling processing center requires conditional use approval. The applicant proposes to use the premises for outdoor and indoor storage of scrap metal, already sorted and to be placed in shipping containers. Lucency Corp is in the business of trading non-ferrous scrap metal and e-waste. The daily operation involves unloading materials brought by customers or picked up by company s truck and weighing the materials to be put in shipping containers. No materials that may contain oil, fluids, Freon or acid (like a compressor, transmission air conditioner or batteries) are accepted. Because this business is for storing and shipping materials mostly, they are not required to obtain an air quality permit. The business will operate from 9 am to 4:30pm Monday through Friday. There are three employees. Project Details Regulation Zone Regulation Proposal Use Industrial Manufacturing Recycling Processing Center Height Maximum of 65 feet Existing building complies with this requirement. Front/Corner Yard Setback Minimum of 15 feet Proposed recycling processing center is located in an existing structure as well as outdoors. No changes proposed to setbacks. Rear Yard Setback None The proposal complies with this standard. Side Yard Setback None No changes proposed to setbacks. PUBLIC PARTICIPATION Staff contacted the Glendale Community Council requesting comments and input on this project. No comments, objections or invitation to present this project at their monthly meeting have been received by the Council. Verbal comments and clarification requests were received by a neighbor. No objections were received. CITY COMMENTS PLNPCM Lucency Corp Conditional Use 3

4 Comments were solicited from the following City departments: Fire, Transportation, Engineering and Zoning. Comments are part of the conditions of this approval. Please see comments in Attachment B. Analysis and Findings Findings 21A B. Specific Standards: A conditional use permit shall be approved unless the evidence presented shows that one (1) or more of the standards set forth in this subsection cannot be met. The Planning Commission, or, in the case of administrative conditional uses, the Planning Director or the Director's designee, may request additional information as may be reasonably needed to determine whether the standards of this subsection can be met. 1. Master Plan and Zoning Ordinance Compliance: The proposed conditional use shall be: a. Consistent with any policy set forth in the City-Wide, Community, and Small Area Master plan and future land use map applicable to the site where the conditional use will be located, and b. Allowed by the zone where the conditional use will be located or by another applicable provision of this title. Analysis: The West Salt Lake Future Land Use Map provides direction on the future development in the area where the subject parcel is found. Specifically, the subject property is designated with a future land use designation of Light Industrial Use. The zoning on the property mirrors the future land use designation. The proposed use is consistent with this master plan as it is conditionally permitted in the M-1 Light Industrial Use zoning district. Finding: Staff finds that the proposed recycling processing center use is consistent with the master plan and is allowed in the M-1 zoning district. 2. Use Compatibility: The proposed conditional use shall be compatible with the character of the site, adjacent properties, and existing development within the vicinity of the site where the use will be located. In determining compatibility, the Planning Commission shall consider: a. Whether the street or other means of access to the site where the proposed conditional use will be located will provide access to the site without materially degrading the service level on such street or any adjacent street; b. Whether the type of use and its location will create unusual pedestrian or vehicle traffic patterns or volumes that would not be expected with the development of a permitted use, based on: i. Orientation of driveways and whether they direct traffic to major or local streets, and, if directed to local streets, the impact on the safety, purpose, and character of these streets; ii. Parking area locations and size, and whether parking plans are likely to encourage PLNPCM Lucency Corp Conditional Use 4

5 street side parking for the proposed use which will adversely impact the reasonable use of adjacent property; iii. Hours of peak traffic to the proposed use and whether such traffic will unreasonably impair the use and enjoyment of adjacent property; and iv. Hours of operation of the proposed use as compared with the hours of activity/operation of other nearby uses and whether the use, during hours of operation, will be likely to create noise, light, or other nuisances that unreasonably impair the use and enjoyment of adjacent property; c. Whether the internal circulation system of any development associated with the proposed use will be designed to mitigate adverse impacts on adjacent property from motorized, non-motorized, and pedestrian traffic; d. Whether existing or proposed utility and public services will be adequate to support the proposed use at normal service levels and will be designed in a manner to avoid adverse impacts on adjacent land uses, public services, and utility resources; e. Whether appropriate buffering or other mitigation measures, such as, but not limited to, landscaping, setbacks, building location, sound attenuation, odor control, will be provided to protect adjacent land uses from excessive light, noise, odor and visual impacts and other unusual disturbances from trash collection, deliveries, and mechanical equipment resulting from the proposed use; and f. Whether detrimental concentration of existing non-conforming or conditional uses substantially similar to the use proposed is likely to occur, based on an inventory of uses within one-quarter (1/4) mile of the exterior boundary of the subject property. Analysis: The subject parcel is located on a busy corner in a highly industrial developed portion of West Salt Lake. The proposed recycling processing center is located in an existing structure on the corner of 1500 South and Industrial Road. The proposed use would occupy the existing building as well as outdoor premises for storage of scrap metal and e-waste. The adjacent properties on the block are used for a parking lot to the south and a machining and industrial repair industry business to the east. Both Industrial Road and 1500 South have been designated in the Salt Lake City Transportation Master Plan as local. The area does not have a high concentration of pedestrian traffic. The Transportation Division did not indicate that the proposed conditional use would have a significant impact on the service level of either street. The applicant stated on the application that the property would be provided with ten off-street parking stalls and three ADA compliant parking stalls. The Zoning Ordinance in Table 21A F, does not state specifically the stall requirement for this type of use. However, it states that industrial warehouses shall provide a minimum of f two spaces per 1,000 square feet of gross floor area for the first 10,000 square feet plus 1 / 2 space per 2,000 square feet for the remaining space. The project requires 20 parking stalls and a half. The project complies with this requirement. The hours of operation of the proposed use are compatible with the adjacent uses hours. The business hours will be from 9 am to 4:30 pm Monday through Friday. The surrounding uses are PLNPCM Lucency Corp Conditional Use 5

6 NPS grocery warehouse, manufacturing of machinery and a wielding shop. The property is buffered by a solid material fence between the properties. Finding: Staff finds that the proposed recycling processing center is compatible with the character of the site, adjacent properties, and existing development within the vicinity of the site where the use will be located. The proposal complies with the off-street parking requirements and the Fire Division requirements for the use of the property. See Attachment B. 3. Design Compatibility: The proposed conditional use shall be compatible with the character of the area where the use will be located with respect to: a. Site design and location of parking lots, access ways, and delivery areas; b. Whether the proposed use, or development associated with the use, will result in loss of privacy, objectionable views of large parking or storage areas; or views or sounds of loading and unloading areas; and c. Intensity, size, and scale of development associated with the use as compared to development and uses in the surrounding area. d. If a proposed conditional use will result in new construction or substantial remodeling of a commercial or mixed-used development, the design of the premises where the use will be located shall conform to the conditional building and site design review standards set forth in Chapter 21A.59 of this title. Analysis: The proposed recycling processing center will utilize both the structure and overall property for indoor outdoor storage of scrap metal. No changes have been proposed to the site or building. The surrounding uses are all manufacturing and warehousing in nature. The property is screened by a 7 foot tall solid fence and the outdoor storage shall not be stacked higher than the enclosing wall or fence. Finding: Staff finds that the proposed use is consistent with the regulations of the M-1 zoning district and is compatible with the surrounding properties. 4. Detriment to Persons or Property: The proposed conditional use shall not, under the circumstances of the particular case and any conditions imposed, be detrimental to the health, safety, and general welfare of persons, nor be injurious to property and improvements in the community, existing surrounding uses, buildings, and structures. The proposed use shall: a. Not emit any known pollutant into the ground or air that will detrimentally affect the subject property or any adjacent property; b. Not encroach on any river or stream, or direct runoff into a river or stream; c. Not introduce any hazard or potential for damage to an adjacent property that cannot be mitigated; d. Be consistent with the type of existing uses surrounding the subject property; and e. Improve the character of the area by encouraging reinvestment and upgrading of surrounding properties. PLNPCM Lucency Corp Conditional Use 6

7 Analysis: The proposed processing recycling center will only store already sorted non ferrous scrap metal, and prepare the material for international shipping via shipping containers. No materials containing oil, fluid, Freon or acid will be accepted. The proposed use will not generate any negative environmental issues and will be consistent with the types of existing uses in the neighboring properties. The property is screened by a 7 foot solid fence as required by the underlying zoning district and no stacking of material will exceed the height of the fence. Finding: Staff finds that the proposed conditional use for the recycling processing center will meet this standard. 5. Compliance with Other Applicable Regulations: The proposed conditional use and any associated development shall comply with any other applicable code or ordinance requirement. Analysis: The applicant as a condition of approval must ensure that there is sufficient off street parking that meets the standard outline in the Zoning Ordinance. Also, the applicant must ensure that all conditions outlines in the departmental comments are satisfied. The applicant appears to be in compliance with all other code or ordinance requirements. Finding: Proposal will be compliant with all other applicable regulations after completing all conditions of approval. PLNPCM Lucency Corp Conditional Use 7

8 PLNPCM Lucency Corp Conditional Use 8 Attachment A Site Plan, Elevations, Letter

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12 PLNPCM Lucency Corp Conditional Use 9 Attachment B Departmental Comments

13 Work Flow History Report 1875 W 1500 S PLNPCM Date Task/Inspection Status/Result Action By Comments 7/11/2013 Staff Assignment Assigned Norris, Nick Public hearing by end of Oct /15/2013 Staff Assignment Assigned Valdemoros, Ana 7/18/2013 Planning Dept Review In Progress Valdemoros, Ana 7/18/2013 Staff Assignment Routed Valdemoros, Ana 7/18/2013 Sustainability Review Additional Information Valdemoros, Ana 7/19/2013 Fire Code Review Additional Information Itchon, Edward Combustible storage shall not exceed 20 feet high. Storage is not permitted under power lines. Storage shall not be closer than 10 feet from property lines. Size of piles shall not exceed 150,000 cu. ft. (50' 150') Separation shall be a minimum of 20' clear width. Turning radius ( 45' outside 20' inside). Fire hydrants shall be within 600 feet of all exterior surface of all the piles in an approved manner. 7/23/2013 Transporation Review Complete Walsh, Barry Per our review coordination - DRT etc. Transportation has requested verification of site function for parking and circulation. We have requested a fully scaled site plan with all required and provided parking per parking calculations in compliance with each use on the site. The plan is to include the required ADA compliance and the 5% bicycle stall provision with details. 7/23/2013 Zoning Review Complete Michelsen, Alan See zoning comments in document folder. 7/23/2013 Zoning Review In Progress Michelsen, Alan 7/26/2013 Engineering Review Complete Weiler, Scott No objections. 9/5/2013 Planning Dept Review In Progress Valdemoros, Ana Admin H September 26

14 ORION GOFF BUILDING OFFICIAL Department of Community and Economic Development Building Services Division RALPH BECKER MAYOR MEMORANDUM To: Ana Valdemoros, Planning Division From: Alan Michelsen, Building Services Division Date: July 23, 2013 Re: PLNPCM Subject: 1875 West 1500 South, Conditional Use indoor/outdoor recycling processing center. The Building Services Division has reviewed the conditional use proposal for an indoor/outdoor recycling processing center. Outdoor recycling requires condition use approval in the M-1 zone. The property was developed for manufacturing in 1952 in an unrestricted district and used for milk processing. Rezoning to M-1 makes the property non-complying due front and corner side yard landscaping, interior parking lot landscaping and encroachment of a loading dock built in 1959 that extends 2.4 feet into the required 15 feet setback along 1500 South. 1. The site plan indicates parking stalls encroaching into the 15 feet setback along 1500 south. Aerial photography from Geo-Cortex indicates that this parking was installed after There is no permit history approving the front yard parking; therefore, the front yard parking shall be relocated to the buildable area of the lot. 2. Parking calculations are required to document the number of parking stalls (required and provided) including ADA parking. 3. Outdoor storage areas need to be defined to show that they do not impact required parking or circulation. 4. Fencing for outdoor storage and recycling requires screening by a solid wall or site-proof fence (including gates). The fence shall be a minimum of 7 feet in height, not exceed 10 feet in height and be located entirely within the buildable area of the lot as required for the M-1 zone. The outdoor storage shall not be stacked higher than the enclosing walls or fence and the enclosing walls or fence shall not encroach into any site distance triangle. 451 SOUTH STATE STREET, ROOM 215, P.O. Box SALT LAKE CITY, UTAH TELEPHONE: FAX