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HomeMy WebLinkAbout2/13/2019 - Planning Commission - Minutes - RegularPlanni ng Commi ssi on Meeti ng M INUTES Wednesday, February 13, 2019, 7:00 PM Council Chambers, 114 N. Broad St., Salem, VA 24153 1.C all to Order A regular meeting of the Planning C ommission of the C ity of Salem, Virginia, was called to order at 7:00 p.m., there being present the following members to wit: Vicki G. Daulton, Chair; Denise P. King, Vice C hair (absent); Reid A. Garst II (absent), N. J ackson Beamer, and Neil L. Conner; with Vicki G. Daulton, Chair, presiding; together with J ames E. Taliaferro, Interim C ity Manager and Executive Secretary; William L. Simpson, J r., City Engineer; Mary Ellen Wines, Zoning Administrator; Benjamin W. Tripp, C ity Planner; and William C. Maxwell, Assistant C ity Attorney. 2.C onsent Agenda A.Minutes Consider approval of the minutes from the J anuary 16, 2019, work session and regular meeting. Approved as written 3.Old Business A.Special Exception P ermit Hold public hearing to consider the revocation of a Special Exception Permit issued November 13, 2017, to William E. Lee, property owner, and Green GearHeads LLC, lessee, to allow scrap and salvage services on the property located at 844 Union Street (Tax Map #200-2-1). (Continued from the J anuary 16, 2019, meeting) T he Executive Secretary reported that this request had been continued from the J anuary 16th meeting. Notice of such hearing had been published in the J anuary 3 and 10, 2019, issues of the Salem Times Register, and all property owners were notified by letter mailed J anuary 30, 2019. Staff noted the following regarding the request: the subject property consists of a single parcel located off Union Street, between the Norfolk Southern Main Lines and the Virginian Line. T he property is visible from the entrance to the Moyer Sports Complex, behind Oak Hall C ap and Gown. It is approximately 1.392 acres, and is occupied by a 24,000 sq. ft. industrial building. T his request is for the revocation of the Special Exception Permit issued November 13, 2017, to allow Scrap and Salvage Services. T he original permit was granted with the following conditions: 1. T here shall be no public safety issues with the flow of traffic in and out of the facility. A plan shall be submitted for review illustrating the flow of vehicles and shall be subject to approval by the city; 2. No party shall utilize Union Street or 7th Street for stopping, turning, or parking of motor vehicles in relation to the business conducted on the subject property; 3. A landscaped buffer yard type B shall be planted per 106-402.3 around all parking areas; 4. T he west side of the building shall not be utilized for loading, unloading or storage purposes; 5. Signage shall be installed instructing customers that no drop offs will be allowed at any time after hours. Cameras shall be installed and maintained for monitoring prohibited drop-offs; 6. All traffic access shall be via Union and 4th Street; 7. Materials to be delivered for scrap and salvage, or recycling, shall be limited to paper, cardboard, plastics, and metal, however no automotive or other transportation vehicle salvage shall be allowed; 8. All processing shall be conducted inside the existing building. Loading and unloading of materials may occur from the docks on the south and east sides of the building. No outdoor storage shall be allowed except for empty containers that are awaiting placement at customer locations. All such containers shall be as shown on the attached depiction submitted by the petitioner with the application. All scrap and salvage, or recycling, materials must be stored inside the building at the conclusion of the business day; and 9. T he petitioner shall obtain and maintain all required local, state, and federal permits, including any required Department of Environmental Quality permits, and shall comply with all regulations and requirements of the Department of Environmental Quality, or any other governing agency or department. Staff also noted the following timeline associated with this request: Green GearHeads was notified prior to the issuance of the special exception permit that per the building code, occupancy of the building would be considered a change of use and would require the submittal of architectural plans and possible renovation before a certificate of occupancy could be issued. At the previous location of 1115 Indiana Street, the company had received a warning letter from D EQ in 2017 regarding the possible violation of the State Water C ontrol Law and Regulations. On February 15, 2018, D EQ had issued a second warning letter for that location. Green GearHeads filed an incomplete registration for 844 Union Street on November 13, 2017, and has yet to complete the registration process. As of April 4, 2018, Green GearHeads was in violation of the Special Exception Permit. C ondition #3, landscaping, had not been planted, #4, the west entrance was being used for loading and unloading, #8, piles of material were being stored outside, and #9, the appropriate permits (building, certificate of occupancy, D EQ, etc.) had not been obtained (see Exhibit 1). In April 2018, the company informed the city that they were closing the business. On April 18, 2018, Troy Loving, Building Official, received an email stating that they had stopped taking material except for two small cardboard customers on a weekly pick up basis. On April 24, 2018, Mr. Loving received an email from Green Gearheads stating that they had contracted an architect to prepare the drawings for occupancy. On November 6, 2018, an interdepartmental inspection team, Deputy Fire Marshal, Building Official, Building Inspector, and the Zoning Administrator inspected the premises. Numerous violations were discovered. Green Gearheads stated that they were not taking in anymore material and would be closing the business. On November 9, a notice of violation was mailed giving a November 30, 2018, deadline for correction (see attached violation notice). On November 28, a one-week extension request from Green Gearheads was received and on November 30, a subsequent inspection was performed. As progress to remove the material and close the business had been made, the city extended the deadline until December 7, 2018. On December 7, another inspection was performed. Additional progress had been made, however, much of the recyclable material remained in addition to new material being present. T he deadline was extended to December 31, 2018. Periodic updates have been received from the company, and the removal of recyclable material has been progressing, albeit, slowly. On December 28, Green Gearheads emailed requesting an extension to vacate the property. T he deadline of December 31, 2018, was extended to J anuary 2, 2019. On J anuary 2, 2019, the Fire Marshal’s office submitted an update to D EQ. Green Gearheads emailed requesting another extension. T he Building Official and Building Inspector performed another inspection (see Exhibit 3). T he majority of the material had been removed, and the deadline was extended to midnight, J anuary 14, 2019. Weekly updates have been received from the company and progress continues. On February 5, 2019 an inspection was made and the premises appears to be 99% vacated. (See Exhibit 4) Ben Tripp appeared before the C ommission noting that staff is requesting the Special Exception Permit for scrap and salvage services be revoked as the lessee, Green Gearheads LLC , is in violation of several conditions which were part of the original permit. C hair Daulton noted that this is a public hearing and asked if anyone was present who would like to speak regarding this matter. T here was no response, and the public hearing was closed. Neil Conner motioned to revoke a Special Exception Permit issued November 13, 2017, to William E. Lee, property owner, and Green GearHeads LLC , lessee, to allow scrap and salvage services on the property located at 844 Union Street (Tax Map #200-2-1). J ackson Beamer seconded the motion. Ayes: Beamer, Conner, Daulton Absent: Garst, King 4.Adjournment T he meeting was adjourned at 7:03 p.m.