Minutes 12/14/1993 - Laserfiche WebLink

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4 TUESDAY, DECEMBER 14, 1993 property values due to its potential broad applicability beyond the specific use in question: the use of the old R. P. Thomas Trucking Terminal by Environmental Transportation Services ("ETS"). By a vote of 2 "yes" (Councilmen Draper and Williams) and 3 "no", Councilman Draper's motion failed. Vice-Mayor Adams made a motion to adopt the Resolution drafted by Mayor McClain and broadened to include persons working adjacent to the use. The motion was seconded by Councilman Oakes. In response to a question from Councilman Oakes, City Manager Earl B. Reynolds, Jr. stated there was no guarantee that enactment of the amended legislation by the General Assembly as requested by Mayor McClain's Resolution would eliminate the use of the R. P. Thomas facility by ETS, but it would increase the possibility that the use could be terminated. City Attorney Worthy stated the Resolution proposed by Mayor McClain contained no technical problems, but that he had seen no evidence presented to date which would indicate the use in question posed a clear and present threat to anyone's health and safety. By unanimous vote, Council adopted the following Resolution: BE IT RESOLVED by the Council of the City of Martinsville, Virginia, in regular session assembled on December 14, 1993, that the City's representatives to the Virginia General Assembly be, and they hereby are, requested to introduce legislation at the next session of the Legislature commencing in January of 1994 whereby the Special Act enacted at the last session of said Legislature providing for the termination of certain non-conforming zoning uses by the governing body of the City of Martinsville be amended to read as follows: Section 1. Notwithstanding the provisions of Section 15.1- 492, the governing body of the City of Martinsville may, by amending its zoning ordinance, provide that an existing non- conforming use may be terminated after a reasonable period of time where such non-conforming use involves the transportation or temporary storage of any hazardous waste, as defined in Section 10.1-1400, provided that such governing body determines that the transportation or temporary storage of any hazardous waste involved in said non-conforming use poses a clear and present threat to the health and safety of persons living or working adjacent to such non-conforming use. 2. That this act shall expire on July 1 1998.