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Planning Commission Meeting Minutes – Wednesday, January 07, 2009 Page 3 Additional discussion included defining hazardous and/or flammable materials on the site and/or in the containers themselves; definition by the Fire Marshal to clarify hazardous material for inclusion of various materials, and addressing concerns about spillage on the site; and concerns if storage pods or containers are stacked, how the Fire Department could access them to prevent the spread of fire and/or toxic fumes; and potential development of a fire prevention plan by the applicant to be periodically submitted to the City’s Fire Marshal, recognizing that materials could be constantly changing as storage containers and trailers were moved in and out on the site. Further discussion included renewability of IUP’s as per City Code and annual monitoring and notice processes; potential research and guidance from other communities with outdoor storage of trailers in massive quantities (i.e., Blaine); and confirmation of the applicant scheduling a neighborhood meeting with adjacent property owners and the neighborhood, with no one in attendance. Applicants, Jim Walston, Attorney for Old Dominion Freight Line, Inc. John Livingston, Cent Ventures II Mr. Walston addressed staff’s proposed revised condition #8 related to the term of the IUP, and requested that a longer term be applied, based on economic factors and practical purposes due to construction of the Park and Ride facility, easements on the property, and the desire of Mr. McCarty to preserve property rights. Mr. Walston noted that diminished use of the property based on past condemnation proceedings, and credited Mr. Livingston with suggesting the IUP approach going forward. When asked by Chair Bakeman if the property owner was clear on the intent of the IUP replacing past non-conforming uses, Mr. Walston assured the Commissioners and concurred that this was the understanding of himself and Mr. McCarty. Mr. Livingston advised that, related to materials proposed for storage, the application was seeking to address a range of possibilities that had been discussed with staff for potential uses of the site until redevelopment could be achieved on the site, after the economic market improves. Mr. Livingston further advised that there was no specific material storage proposed on the site, other than to have the area in general utilized for container storage (land/sea containers). While unable to speak for the current owner, Old Dominion, Mr. Livingston advised that those trailers currently stored on site were empty, but noted that some had refrigeration units that may hold fuel and refrigerant, and be a hazardous material. Mr. Livingston further advised that the purpose of the application was to provide some ongoing revenue to the site while awaiting improvement in the financial market, allowing for future planning and redevelopment of the site, allowing a benefit for all interested parties in the Twin Lakes area, and potential developers. Mr. Livingston opined that, development of Mount Ridge Road and Twin Lakes Parkway, and other infrastructure construction was vital to draw developers once the market improved. Further discussion with Mr. Livingston included access to emergency equipment related to materials stored outside storage containers; problems with stacking of containers and access by the Fire Department; whether the containers would be empty or what type of materials could be contained in them. Mr. Livingston, as the property owner, advised that everything done on the property was in compliance with the law; and recognized the concerns expressed about hazards, noting that he shared those concerns. Mr. Livingston noted that the first word of the requested permit indicated “Interim” and questioned how in such a permit every possible use could be defined. Mr. Livingston advised that the applicant’s intent was to allow themselves the latitude to garner some kind of income on the site, until the City completes infrastructure construction, and Metro Transit completes its Park and Ride facility, allowing for redevelopment of the rest of the site. Chair Bakeman noted that the Twin Lakes area had long been designated for clean up and redevelopment, obviously motivating the Commission’s concern about how it looked, noting other areas of the City that also had trailer storage; and also noted that it would be prudent to ensure that the Park and Ride facility looked good in its new setting.