DEPARTMENT OF PLANNING JEFFERSON PARISH, LOUISIANA

Transcription

1 DOCKET NO: : DEPARTMENT OF PLANNING JEFFERSON PARISH, LOUISIANA SPECIAL PERMITTED USE REPORT ADVERTISING DATES: 1/18/17 1/25/17 2/1/17 : - Mark D. Spears, Jr. AT LARGE: A - Christopher L. Roberts B - Cynthia Lee-Sheng PAB PUBLIC HEARING: HEARING LAST MEETING DATE FOR ACTION: 2/9/17 --/--/-- 5/24/17 LOCATION: The development site is located at 2465 Destrehan Ave. on the east side of Destrehan Ave.; bounded by the Harvey Canal, the Westbank Expwy. and the Cousins Canal (Figure 1). OWNER/APPLICANT: Harvey Canal Limited Partnership/Vincent Costanza, III ZONING/FUTURE LAND USE: M- Industrial District/HI Heavy Industrial (Figure 2). REQUEST: Establish a recycling facility for scrap metals on a 6.4 acre tract. FINDINGS: 1. All Scrap Metals, LLC proposes to establish a scrap metal recycling facility on Lot 7A and a 100 ft. portion of Lot 7B, Harvey Canal Land and Improvements Co. Subdivision, Destrehan Division. 2. The site was zoned M-1 Industrial District when zoning was adopted by Jefferson Parish in In the Parish wide rezoning of 1966, the zoning was changed to M-2 Industrial District. In 1987, the property along the Harvey Canal was rezoned to M- Industrial District after an area study (W-5-87) and approved by Ordinance No. 176 on November 4, 1987 (Figure 2).. Development within 00 ft. of the proposed facility is as follows: The property to the north is zoned M- and is occupied by a marine fabrication and boat building use. To the east across the Harvey Canal is zoned M- and is occupied by a marine fabrication and boat building use. To the south are the Cousins Outfall canal and the Lapalco Blvd. right of way. To the west across Destrehan Ave. is zoned M-2 and is occupied by the Cousins Pump Station, an oil industry pipe and valve business and tool rental shop. 4. Recycling facilities are permitted in M- with criteria (Table 1). One criterion is approval by the Jefferson Parish Council in accordance with Article L, Special Permitted Uses. 5. The applicant presently operates a middle metals recycling and transportation facility in Kenner and several other locations in southern Louisiana. The Harvey Canal site will collect metal from multiple sources, analyze and separate the metals into their specific types; package and ship the metals to primary metal smelters. According to the applicant, the proposed Harvey facility will not recycle household materials such as paper, plastic, and cardboard. 6. Also according to the applicant, All Scrap Metals will not melt/smelt metal at any of its facilities. The proposed Harvey metal recycling facility will process ferrous metals such as mild steel, carbon steel, stainless steel, cast iron, and wrought iron, as well as non-ferrous metals such as aluminum, brass, copper, nickel, tin, lead, and zinc, and precious metals like gold and silver, from fabrication businesses, refineries, metal building materials and retired shipping containers. Activities at the site will include loading and unloading metals; separating, sizing, and cutting with mechanical shears or by torching; and baling and storing metal before Printed: 2//17 1 Revised: RGJ/MSK

2 shipping. Shipping containers accepted for recycling will only be stacked a maximum of two (2) high while waiting for processing. 7. Non-ferrous metals will be unloaded and stored indoors whereas ferrous metals will be unloaded and sized both indoors and outdoors. Non-ferrous metals found with the ferrous metal will be brought indoors for processing and storage. 8. The processed metal is transported by truck or by water in shipping containers. According to the applicant, containers used for shipping scrap metal are never stacked when loaded and are on site no more than two days. 9. The Code of Ordinances requires a recycling facility, as per Sec (2).c.7, to unload, process, bale or engage in other activities entirely within an enclosed building. The applicant proposes to unload and process some ferrous metals outside because their size and weight make processing inside difficult, and so requests a waiver of this requirement. The applicant will be required to add a note to the site plan that states To the maximum extent practicable, unloading, processing, baling, or other activities shall be conducted within an enclosed building. 10. Another criterion is to provide an opaque barrier a minimum of seven (7) ft. on the perimeter of the site. The Harvey Canal flood wall runs along the southern property line and meets the requirement for an existing opaque barrier. A solid fence is proposed for the Destrehan Ave. frontage. The required solid fence for the other two perimeters will not be provided. A waiver of this requirement is requested by the applicant (Figures 4; 5). 11. The north perimeter abuts a marine fabrication facility and on the east perimeter is the Harvey Canal. The applicant intends to utilize the canal access for waterborne transportation of the scrap metal that is processed through the facility. Fencing the east perimeter would interfere with loading and unloading operations from the Harvey Canal. The applicant contends that an opaque barrier between the marine fabrication facility and the recycling facility would be unnecessary as both use heavy equipment to move large pieces of metal on site. 12. Another criterion is to have a 500-ft. setback from a residential zoning district. The west property line is 640 ft. from property zoned R-1A Single-Family Residential District, with the M-2 Industrial District situated between the M- and R-1A districts. (Figure 1). 1. The request has been reviewed by the administrative departments via the LURTC review process with opposition from Hazardous Materials and Environmental citing concerns with vehicle recycling and the disposal of fuel tanks on parish roadways. 14. The applicant has stated that his operation can safely process vehicles at the facility and has the required licenses to do so. The applicant is willing to not accept vehicles at the facility if required by the Parish. 15. After meeting with the applicant, the Environmental and HazMat Departments have agreed to an additional requirement that alleviates their concerns and opposition. This requirement will be placed as a note on the site plan and in the ordinance: If All Scrap Metals, LLC accepts vehicles at its recycling facility for processing on site, it will accept every vehicle either with its fuel tank still attached to the vehicle or certify that the fuel tank has been disposed in accordance with all federal, state and parish environmental requirements for the removal, handling and processing of all fluids recovered from the vehicles. 16. There are no violations of the building or zoning code reported. DEPARTMENT COMMENTS: Public Works is NOT OPPOSED to this Case but has the following Stipulations: RC the Department of Public Works (on 12/8/16) has no objection. The Traffic Engineering Division finds that the sight triangles are acceptable and a TIA is not required. There appears to be a private ' SFM along the front property line, as seen on PW RBI, File 4140A-AS. ICE - Building is NOT OPPOSED to this Case. ICE - Site Plan is NOT OPPOSED to this Case but has the following Stipulations: Must provide hard surface paving (asphalt or concrete) for all required parking spaces and access to those spaces from Printed: 2//17 2 Revised: RGJ/MSK

3 Destrehan Ave. Further comments will be made at the permit stage Westbank Fire Department is NOT OPPOSED to this Case. Environmental Department is OPPOSED to this Case for the following reasons: The M- Zoning requires that all materials be stored and processed inside at recycling facilities. Although they will not accept vehicles containing fluids, empty gas tanks can be difficult to dispose of and will be left on the side of the road before the vehicle is brought in. Fluids left in beverage cans may be discharged through a sink or floor drain indoors to the sanitary sewer system. What procedures will be taken to verify that vehicles are free of all fluids prior to acceptance? They cannot even leak small amounts onto the ground. Hazardous Materials is OPPOSED to this Case for the following reasons: I'm concerned that since the facility will not accept junk vehicles with fluids that we will begin to find many vehicles fuel tanks in the surrounding community. I have seen this happen in New Orleans. Rather than empty the tank on a junk auto, the hauler will simply remove the tank and leave it on the side of the road for the Parish to deal with. This would be a danger to our citizens and the Parish would be responsible for the cost of disposal. Parish Attorney is NOT OPPOSED to this Case but has the following Stipulations: We will defer to the other departments for comments. CONSISTENCY WITH COMPREHENSIVE PLAN: The proposed use is consistent with the Comprehensive Plan by supporting Objective 4.5: Encourage redevelopment and reuse of existing commercial and industrial facilities and sites. CONCLUSION: The requested variance to the opaque barrier on two sides is reasonable given that one side is the Harvey Canal and the other side is a similar use and zoning. Processing some ferrous materials outside is reasonable given the size and weight of the materials. The All Scrap Metals recycling facility is suitable for the industrial corridor of the Harvey Canal and exceeds requirements for distance from a residential district. Federal, State and Parish environmental requirements are in place that should protect the public, health, safety, and general welfare. PLANNING DEPARTMENT RECOMMENDATION: Planning recommends Approval. PLANNING ADVISORY BOARD: Printed: 2//17 Revised: RGJ/MSK

4 Table 1. Site Information and Use Criteria, Recycling Facility Article II, Sec (2).c.7 Criteria Compliance Yes No Findings Process area All unloading, processing, baling, or other activities must be conducted within an enclosed building. Some large ferrous metal items processing will be outside a building Storage and monitoring of materials Nuisance safeguards Perimeter barrier Distance from residential dist. Process Information Local, state, and federal compliance Site area All materials to be recycled must be stored and monitored adequately to minimize environmental contamination. Adequate safeguards must be provided to limit obnoxious or offensive emissions of smoke, gases, vibration, light, noise, glare, dust, and odors via best practicable technology. Applicant has all licenses and certifications from the State and Federal agencies Located in an industrial area with similar uses abutting and in the area Opaque 7ft. barrier along all sides of property approx. Two side will not have an opaque barrier (see finding 6 above) 500 ft. minimum Site is 68.7 ft. from closest residential dist. An adequate site plan, description of all recycling processes, materials flow plan, and emissions safeguard details must be submitted to the Department of Environmental Affairs All local, state, and federal codes Need a variance for the opaque are met. barrier requirement No required minimum or maximum area Proposed site is approximately 6.4 acres Building area No required minimum or maximum area Existing buildings have an area of approximately,488 sq. ft. Building height No maximum building height Buildings are existing Area regulations No front, side, or rear yard requirement unless abutting residential district. The property is not abutting a residential district. Parking and offstreet loading requirements One space for each three employees on the largest work shift plus one for each company vehicle operating from the premises. Printed: 2//17 4 Revised: RGJ/MSK

5 Table 2. Special Permitted Uses General Criteria, Article L, Sec Criteria Compliance The Permit, if granted Yes No Findings Will not cause any diminution or depreciation of property values of any surrounding property or will not alter the essential character of the locality similar uses exist. Will tend to preserve and advance the prosperity and general welfare of the neighborhood and community Will not be detrimental to the public welfare or seriously affect or be injurious to other property or improvements in the neighborhood in which the property is located, in that it will not impair an adequate supply of light and air, or increase substantially the congestion in the public streets, create a traffic hazard, or permit inadequate parking, or increase the danger of fire, or substantially affect or overburden existing drainage or sewerage systems, or endanger the public safety, nor cause serious annoyance or injury to occupants of adjoining premises by reason of emission of odors, fumes, gases, dust, smoke, noise or vibration, light or other nuisances. Only one (1) Special Permitted Use shall be allowed per dwelling or lot, tract, plot or building site. A Special Permitted Use may not be permitted on premises containing a home occupation, as defined in Sec The site is located in the Harvey Canal heavy industrial area where The site is over 500 ft away from the nearest residential district. It is buffered by a canal with the M-2 Industrial District separating the M- district from the R-1A district. The site is located in the Harvey Canal heavy industrial district where similar uses exist. It will operate in accordance with all Federal, state, and local environmental requirements, particularly for the processing of ferrous and non-ferrous materials and the disposal of vehicle fuel tanks. Printed: 2//17 5 Revised: RGJ/MSK

6 PT. 7B Aerial of Vicinity (Google) Figure 1

7 Zoning 7A R-1A C-2 M-1 M-2 M- MUCD Figure 2

8 Part 7B Survey 7A 6.40 Acres Figure

9 Site Plan 2465 Existing Parking 45 Spaces Figure 4

10 Waiver to Opaque Fence Requirement Existing Concrete Flood Wall Google Earth View From West Waiver to Allow Storage of Materials Outdoors Proposed Opaque Fence Figure 5

11 Minimum of 500 required Google Earth View From East Figure 6

12 Site Plan Google Earth View From South Figure 7

13 Google Earth View From North Figure 8