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HomeMy WebLinkAboutPLNZAD2025-00082 - 1105 S Legacy ViewPage 1 of 4 February 24, 2025 ADMINISTRATIVE INTERPRETATION DECISION AND FINDINGS PLNZAD2025-00082 REQUEST: This is a request by Crystal Clean, LLC (Patriot Environmental Services, Inc.), on behalf of the property owner, VA Transportation, Inc., for an administrative interpretation regarding a proposed use on property in the M-1 District at approximately 1105 S Legacy View St (Tax ID#: 14-11-427-021-0000). Per the submitted application, the use is a “10-Day Transfer Operation/Emergency Response” facility, which will be used for the loading and unloading of hazardous and non-hazardous waste containers for shipment to Treatment, Storage, and Disposal Facilities (TSDFs). A determination is sought because the applicant is inquiring whether the proposed use would be considered a “Truck Freight Terminal.” DECISION: The Zoning Administrator finds that the proposed use as presented in the submitted request is considered “Truck Freight Terminal,” as defined in section 21A.62 of the Salt Lake City Zoning Ordinance. As such, the proposed use is permitted in the M-1 Zoning District. This interpretation is specific to the proposed land use as it relates to the Salt Lake City Zoning Ordinance. Requirements from the zoning ordinance related to landscaping, parking, equipment storage, and environmental performance standards may apply. Additional requirements associated with the use may also be required by other divisions, such as Building Services, Public Utilities, or the Fire Department. FINDINGS: The applicant proposes a transfer facility for the transportation and temporary storage of hazardous and non-hazardous waste. According to the applicant’s narrative, the facility will include the storage of waste in standard semi-truck trailers or shipping containers for a maximum of 10 days before transport to a permanent disposal facility. The waste products to be temporarily stored on site include a variety of materials that cannot be disposed of in a municipal landfill, such as: • Liquid Waste o Industrial cleaning byproducts, automotive liquids (oil, wiper fluid, brake cleaner), ink, grease, paint. • Solid Waste o Electronic waste, batteries, light bulbs, absorbent products used for cleaning oils and chemicals, etc. The liquid materials will be stored in drums and the solid materials will be stored in totes or palletized boxes, all loaded onto transport trailers for delivery to various disposal sites. The facility will also include equipment storage and a parking lot for personal vehicles. Page 2 of 4 The applicant believes that the use should be considered a “Truck Freight Terminal,” which is a permitted use in the M-1 District. The zoning ordinance defines “Truck Freight Terminal” as: 21A.62.040: DEFINITIONS OF TERMS: TRUCK FREIGHT TERMINAL: A premises used by a motor freight company as a carrier of goods, which is the origin or destination point of goods being transported, for the purpose of storing, transferring, loading, and unloading goods. The applicant’s narrative indicates that the site will be used as a destination point for the purpose of storing, transferring, loading, and unloading goods. While the term “goods” is not defined in the zoning ordinance, Webster’s Dictionary defines goods as “something that has economic utility or satisfies an economic want; personal property having intrinsic value but usually excluding money, securities, and negotiable instruments; or something manufactured or produced for sale.” Because the waste proposed to be temporarily stored on site has economic utility to the property owner, it is considered a good for the purposes of this interpretation. One key factor in the analysis of this use is the temporary nature of the proposed waste storage. The zoning ordinance specifically prohibits permanent storage or disposal of hazardous waste in the city, except for incineration in the M-2 District. Due to this prohibition, the business operations on site cannot be changed at any time in the future to include permanent waste storage. 21A.36.010: USE OF LAND AND BUILDINGS: D. Hazardous Waste Prohibition: It is unlawful to permanently store or dispose of hazardous waste within Salt Lake City except for incineration of hazardous waste as allowed in the industrial M-2 Zoning District. Additionally, the proposed facility will not be manufacturing chemical products, processing waste on site, nor acting as a wholesale distributor of flammable liquids. Based on the information submitted, the most similar land use in the code is Truck Freight Terminal. Standards for Use Interpretation Any use interpretation is subject to the below standards: A. Any use defined in chapter 21.A.62 of this title, shall be interpreted as defined; Finding: “Truck Freight Terminal” is defined in the zoning ordinance. B. Any use specifically listed without a "P" or "C" designated in the table of permitted and conditional uses for a district shall not be allowed in that zoning district; Finding: “Truck Freight Terminal” is specifically listed in the table of permitted and conditional uses within the M-1 zoning district as a permitted use (P). C. No use interpretation shall allow a proposed use in a district unless evidence is presented demonstrating that the proposed use will comply with the development standards established for that particular district; Page 3 of 4 Finding: The proposed use will be required to comply with the development standards of the M-1 zoning district. D. No use interpretation shall allow any use in a particular district unless such use is substantially similar to the uses allowed in that district and is more similar to such uses than to uses allowed in a less restrictive district; Finding: See finding “B” above. As noted in the discussion above, the use as described is most similar to “Truck Freight Terminal,” which is a permitted use in the M-1 zoning district. E. If the proposed use is most similar to a conditional use authorized in the district in which it is proposed to be located, any use interpretation allowing such use shall require that it may be approved only as a conditional use pursuant to chapter 21.A.54 of this title; Finding: Not applicable. See finding “B” above. F. No use interpretation shall permit the establishment of any use that would be inconsistent with the statement of purpose of that zoning district. Finding: The stated purpose of the M-1 zoning district is as follows: The purpose of the M-1 Light Manufacturing District is to provide an environment for light industrial uses that produce no appreciable impact on adjacent properties, that desire a clean attractive industrial setting, and that protects nearby sensitive lands and waterways. This zone is appropriate in locations that are supported by the applicable Master Plan policies adopted by the City. This district is intended to provide areas in the City that generate employment opportunities and to promote economic development. The uses include other types of land uses that support and provide service to manufacturing and industrial uses. Safe, convenient, and inviting connections that provide access to businesses from public sidewalks, bike paths and streets are necessary and to be provided in an equal way. Certain land uses are prohibited in order to preserve land for manufacturing uses and to promote the importance of nearby environmentally sensitive lands. “Truck Freight Terminal” uses fit within the purpose of the M-1 District. The use is not expected to produce excessive noise, odors, or environmental impacts on adjacent properties. This letter serves as an administrative interpretation, clarifying a specific situation on the subject property. Staff has not conducted a review of any site plans or building plans for the proposed use. A full review for compliance with all applicable standards and regulations will be required prior to the issuance of a building permit. If you have any questions regarding this interpretation, please contact Andy Hulka at (801) 535-6608 or by email at andy.hulka@slc.gov. APPEAL PROCESS: An applicant or any other person or entity adversely affected by a decision administering or interpreting this Title may appeal to the Appeals Hearing Officer. Notice of appeal shall be filed within ten (10) days of the administrative decision. The appeal shall be filed with the Planning Division and shall specify the decision appealed and the reasons the appellant claims the decision to be in error. Applications for appeals are located on the Planning Division website at Page 4 of 4 https://www.slc.gov/planning/applications/ along with information about how to apply and processing fees. NOTICE: Please be advised that a determination finding a particular use to be a permitted use or a conditional use shall not authorize the establishment of such use nor the development, construction, reconstruction, alteration, or moving of any building or structure. It shall merely authorize the preparation, filing, and processing of applications for any approvals and permits that may be required by the codes and ordinances of the City including, but not limited to, a zoning certificate, a building permit, and a certificate of occupancy, subdivision approval, and a site plan approval. Andy Hulka Inland Port Principal Planner CC: Nick Norris, Planning Director Mayara Lima, Zoning Administrator Casey Stewart, Planning Manager and Development Review Supervisor Glendale Community Council Posted to Web Attachments: • Applicant’s Narrative to Administrative Interpretation Patriot Operations Summary Section 1 – General Information Address: 1105 S. Legacy View St Salt Lake City, Ut Use: BRANCH Facility Use: 10 Day transfer Operation/Emergency Response Contact Person: LaDell Bishop Contact Information: 801.281.3507 Section 2 – Description of Operations Day to day 10 day transporter operations for waste hauling and environmental emergency response. Loading and reloading hazardous and non-hazardous waste containers from box trailers and van trailers for shipment to TSDFs. Max 10 day Storage and transportation of bulk hazardous and non-hazardous waste roll off bins. Re: Requirements per 21A.54.060.A -Facility normal hours of operation will be between the hours of 5am and 5pm. -Highest volume of traffic onsite is anticipated between the hours of 11am-3 pm. -Most of the work onsite will be the loading and unloading of drums from trailer to trailer or roll off bins onto transport trailers. -Parking lot for personal vehicles is in front of the office and the lot behind the fences allows for substantial growth potential to allow for additional equipment storage. -Water usage onsite is for personal consumption, showers, toilets and equipment cleaning. -Emissions from the site should be limited to equipment startup and return to facility. -There are no trees on the site. There is grass in front which will be maintained as is. -Prior to use the site will require grading to remove oil spills from trucks that leaked oil onsite. -It is not anticipated that there will be excessive noise from the trucking operation onsite. There is no anticipated use of chemicals proposed for use onsite. -As a transfer facility we will move containers from pickup vehicle to outbound trailer. There is no additional power needs currently proposed for the site. Re: the proposed property’s affect to adjacent uses: -Land Uses adjacent to the subject property are industrial -Exterior lighting is located and shielded to direct light away from adjacent uses and downwards -No access conflicts are present -Fencing is present to separate from adjacent land uses; Impact is minimal, as adjacent uses are industrial in nature. Tanker Trailer Used Oil/Oily Water Transloading Onsite? ☐ Y / ☒ N *If yes, provide a description of the number of tanker trailers, trailer capacity, proposed trailer location(s) onsite, and spill control measures to be taken within the “Additional Operations” space provided below. Section 3 – RE: Administration Interpretation Application requirements Per requirements set in 21A.12.040.A An Administrative Interpretation has been requested by property ownership of the subject property at 1105 S. Legacy View St Salt Lake City, UT. pursuant to confirmation that our proposed use will be applicable within the zoning of said property to avoid questions/issues down the road. -Section of Zoning ordinance to be interpreted: 21A.33.040 (Permitted and Conditional Uses for Manufacturing Districts)- The zoning code for the site is listed as M-1, and our proposed use for the site is as a Truck freight terminal. No waste or consolidation options to be completed onsite, and the property will be used as an equipment storage and parking site. Legal Description as documented on Salt Lake County GIS- “LOT 10A, LEGACY INDUSTRIAL PARK SUBDIVISION AMENDED” Section 4 – Storage and Handling Information Storage Location (check all that apply) Product1 Unit Trucks Trailers In Facility Est. Qty. Stored in Trucks/Trailers Est. Qty. Stored in Facility Total Qty. Onsite City/County Quantity Limits? NFPA Haz Class Physical State Aqueous Solution Totes/Drums2 ☐ ☒ ☐ 10-20 Dm 0 N/A Liquid Antifreeze Totes/Drums ☐ ☒ ☐ 2-25 Dm 0 N/A Liquid HCC 106 Mineral Spirits Drums ☐ ☒ ☐ 1-10 Dm 0 Class II Liquid HCC 142 Minerals Spirits Drums ☐ ☒ ☐ 1-10 Dm 0 Class IIIA Liquid Odorless Mineral Spirits Drums ☐ ☒ ☐ 1-10 Dm 0 Class II Liquid Super 16 Paint Gun Cleaner Drums (5g only) ☐ ☐ ☐ N/A 0 Class IB Liquid Windshield Washer Fluid Totes/Drums ☐ ☐ ☒ 55 Gallons Class II Liquid Brake Cleaner Drums ☐ ☐ ☒ 1 Pail Class IB Liquid Immersion Cleaner Drums ☐ ☐ ☐ 0 Class IIIB Liquid Customer Non-Haz Waste Totes/Drums ☐ ☒ ☐ 50-200 0 Varies Liquid/Sludge/Solid Customer Haz Waste Totes/Drums ☐ ☒ ☐ 50-200 0 Varies (Possible Class I or II) Liquid/Sludge/Solid Absorbent Product Palletized Boxes ☐ ☐ ☒ 1-15 pallets N/A Dry Good Parts Cleaners Palletized Machines ☐ ☐ ☐ 0 N/A Dry Good Empty Drums/Boxes N/A ☐ ☐ ☒ 100 N/A Dry Good Pallets N/A ☐ ☐ ☒ 200 N/A Dry Good 1 SDS Sheets available upon request; All products stored in sealed containers with minimal liquid transfer of aqueous product only 2 Tote Sizes = 275/330 Gal.; Drum Sizes = 55/30/16/5 Gal.