Citizens appeal metal plant application
Wednesday, May 20, 2009, 7:06am
Two residents of Rio Communities have filed an appeal to keep a metal recycling operation from doing business in the Rio Grande Industrial Park.
Alice Torwirt and Joe Rizzo last week filed their appeal of the Valencia County Planning and Zoning Commission’s decision to allow a metal recycling company to move forward with planning its facility and operations at the industrial park located near Rio Communities.
Both had standing to file because they attended and testified during the public hearing before the Planning and Zoning commission on April 22. At that hearing, the commission decided to allow American Iron and Metal to continue to prepare the site’s final plans for approval by the county. Locally, the company uses the name Roadrunner Metals Recycling.
Citizens and Commissioner Ron Gentry voiced concern about the metal recycling plant during the hearing. While the focus was on quality of life concerns, including pollution, noise and traffic, Gentry questioned the legality of the company’s application. He claims the metal recycling plant shouldn’t be approved because that type of operation isn’t among the allowable uses for the industrial park.
“It really comes down to the legal argument made by the appellant,” Planning and Zoning Director James Aranda said.
In their letter of appeal, Torwirt and Rizzo write:
Pursuant to 154.137 Heavy Industrial District regulations, we object to the decision because, in Section (A) (1) under “purpose,” the high-nuisance nature of the everyday operation of the plant will be too close to surrounding residential uses. We understand that the traditional “buffer” between industrial and residential zoning is at least one mile, rather than a few feet.
Pursuant to Section (B) (1-3) and (5-15) are obviously irrelevant; but (4), “auto wrecking yards,” supposedly presented as “similar use” to full-service metal recycling, is just as obviously irrelevant.
Section B is allowable uses for the industrial park, with the plant up to this point permitted under the “auto wrecking yards” designation. Torwirt and Rizzo argue the plant is not a “similar use” as defined in Section D of the same code.
(Valencia! has redacted two addresses, one phone number and two signatures.)
Torwirt wrote that she and her husband visited American Iron and Metal’s plant in Colorado Springs, Colorado, saying, “There is simply no way to rationalize that such a plant could be described as an auto wrecking yard. The word ‘auto’ does not appear in either of the companies’ names. Metal shredding is not at all the same as auto wrecking.”
A public hearing for the appeal will be held on June 10. The county commission will decide whether to affirm the Planning and Zoning commission’s decision, overturn the decision outright or modify it at the following meeting on June 17.
Rizzo and Gentry have mentioned the possibility of filing a lawsuit to stop approval and construction of the facility.
Rizzo, who was involved in a county industrial committee that tried to improve the county’s industrial zoning, recently spoke before the county commission to tell them county zoning needed review, especially industrial zoning. At issue for Rizzo was the metal recycling facility and two county-approved zoning changes, which are now in the final stages of the appeals process.
Residents of San Clemente filed an appeal of the county commission’s decision to approve a zone change in their community for a bulk fuel terminal. The District Court has heard the case and a ruling from the judge is expected soon.
Residents of Los Chavez are appealing the county commission’s decision to approve a zone change that will allow a 15-home subdivision to be constructed on 40 acres near John and Edmundo roads.
