Metal recycling plant to move forward
Thursday, July 16, 2009, 12:00am
The Valencia County Commission voted 2 to 1 last night to deny an appeal of the planning and zoning commission’s approval of preliminary site plans for a metal recycling plant to be built in the Rio Grande Industrial Park south of Rio Communities.
The appeal, filed by Joe Rizzo and Alice Torwirt, two Rio Communities residents, sought to stop construction of the facility. They argued the plant wasn’t allowed under the law. County ordinance, they said, lays out specific permitted uses for land that’s zoned heavy industry, or Industrial 3 (I-3), and the plant won’t be one of those permitted uses.
With Commissioner Georgia Otero-Kirkham recusing herself from the vote and Commissioner David Medina away on vacation, that left only three commissioners to vote on the issue. Commissioner Ron Gentry voted against the denial of the appeal, while commissioners Don Holliday and Pedro Rael voted in favor of the denial.
The vote allows American Iron and Metal Co., Inc., to move forward with its final site plans for the metal recycling plant, which will have one more review before the planning and zoning commission prior to being permitted for construction.
Holliday said he believes the I-3 zoning allows this type of facility.
“They’re zoned I-3 and I say it’s I-3,” he remarked before making the motion to deny the appeal.
Gentry, who said he was speaking on behalf of his constituents, which includes Rizzo and Torwirt, maintained that the metal recycling plant isn’t an auto-wrecking yard, the one permitted use American Iron and Metal argued its new plant and operations will be similar to. He said the plant should be approved only as a conditional use with nearby residents’ concerns taken into account.
“I agree that’s an I-3 park, but it seems to me in all of the discussion we had never once did it show that that was a permitted use,” he said.
Rael, who seconded the motion, gave three reasons for denying the appeal. He said the plant is similar to an auto-wrecking yard. He also said the two appellants didn’t have standing to appeal because they don’t live close enough to the proposed site. Further, he said the commission shouldn’t place additional conditions on the company, because established law already places conditions on it.
“I think we’re going to possibly hear more about this from the people,” Gentry said, suggesting battles over the issue are yet to come.
Torwirt, who was present for the vote, walked out of the commission chambers after the vote and confronted Jim Warren, one of the owners of American Iron and Metal, saying to him, “I still don’t want it. I never will.”
“It’s exactly what I expected, but I’m really disappointed,” she later told Valencia! “I’m disgusted.”
She said it’s unclear what the next step is for her, Rizzo and others who have fought the plant, but they will continue to discuss it and weigh their options.
“I’m happy about the way it went tonight,” Warren told Valencia! “We’ll do a good job here.”
He said the company will go through a final site plan review before the planning and zoning commission on July 22, then close on the land after that. He didn’t provide hints on when construction will begin, other than to say, “As soon as possible.”
UPDATE (7/20/09): The final site plan review for the metal recycling plant will not occur on July 22. That action is scheduled for August 26, according to the county’s planning and zoning department.
