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CONDITIONAL USE PERMIT FOR A METAL RECYCLING FACILITY
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Summary and Background Information:
Recycling Connections is requesting approval of a Conditional Use Permit for an expansion of the existing metal recycling facility located at 9985 East 104th Avenue, Henderson, CO 80640, onto adjacent recently acquired property. This would allow for the existing business to grow while also enhancing the appearance of the site.
The existing Recycling Connections recycling business began operations on the western portion of the subject property in 2005, which was unilaterally annexed into the City as part of the Northern Enclave annexation in 2007. It has been in operation as a legal non-conforming use since that time. The applicant has purchased adjacent property and now wishes to expand the existing operation onto that property. The Land Development Code (LDC) currently requires a Conditional Use Permit for any recycling facilities in the I-3 zone district. The LDC also requires non-conforming businesses to come into compliance with LDC standards when they expand the non-conforming use. The applicant has submitted applications for a subdivision plat to consolidate the properties into a single lot, and for minor modifications for fence height and setback, which have been approved by the director.
Although the site was originally developed in Adams County, it does meet most of the current standards for industrial development. The overall site layout provides adequate parking, and provides an appropriate surface for vehicle traffic and outdoor storage. In addition, the applicant is proposing to upgrade the appearance of the site with additional landscaping along Florence Street, East 104th Avenue, and Havana Street as well as with a new screen-style fence. The Conditional Use Permit will need to be renewed in three years to ensure that any potential impacts are mitigated sufficiently and that the use is still appropriate for the subject property.
The surrounding area is developed for industrial purposes, including several other heavy industrial uses, and is identified for future general industrial uses. The outdoor storage and stacking will be concealed with a screening fence and landscaping along public rights-of-way. In addition, although the traffic volume is relatively high, the recently reconstructed East 104th Avenue and Florence Street have been designed for the anticipated traffic, and the appropriate access points into the site have been provided. An internal circulation plan has also been reviewed by the public works department to ensure minimal conflicts between users. Therefore, there is no expected adverse impact to adjacent properties, the character of the neighborhood, traffic conditions, parking, or public improvements.
Approval of this Conditional Use Permit will allow for the expansion of an existing Commerce City business while enhancing the appearance of the property from the public rights-of-way.
Please see attached Planning Commission minutes for detailed background and discussion
Staff Responsible (Department Head): Chris Cramer, Community Development Director
Staff Member Presenting: Caitlin Hasenbalg-Long, Planner
Financial Impact: N/A
Funding Source: N/A
Staff Recommendation:
On December 2, 2015, the Planning Commission held a public hearing, took testimony, and voted (5 - 0) to forward the requested Conditional Use Permit to City Council with a recommendation for approval, subject to the findings of fact and the following conditions:
1. The conditional use permit will expire on December 21, 2018. A renewal of the conditional use permit in accordance with the Land Development Code will be required to extend operations beyond this date.
2. The materials accepted for recycling will be limited to those shown on the list included with the submitted narrative dated September 17, 2015. Any additional materials will require an amendment to the CUP.
3. Whole crushed cars can be stored on the site for no longer than 72 hours. No vehicle crushing will be allowed to occur on the site, and no storage of inoperable vehicles will be permitted.
4. Except for landscaping, the site must be developed according to the approved development plan dated October 29, 2015, including fencing and paving, prior to commencement of the expansion to the east side of the property. Separate fencing and grading permits will need to be submitted, and final inspections approved, before such expansion can occur.
5. Landscaping must be installed as shown on the approved landscape plan dated October 29, 2015, by September 21, 2016.
6. The applicant shall notify the Community Development Department in writing if the recycling facility is ever discontinued by Recycling Connections, Inc.