Docket Item "E" PLN-USE-2016-046

Tidewater Tank Terminal

CITY COUNCIL PACKAGE FOR

FEBRUARY 21, 2017

Page 1 – 2 Application Summary 3 – 5 Updated Memo to City Council: January 31, 2017 6 – 7 Planning Commission Minutes 8 – 19 Staff Report(s): December 1, 2016

20 – 21 Site Plan 22 Aerial 23 GIS Parcel Exhibit

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APPLICATION SUMMARY

PLN-USE-2016-046 Tidewater Tank Terminal

LOCATION: 1324 McCloud Road.

PROPOSAL: A conditional use permit for a Solid Waste Management Facility to allow a transportation terminal handling non-hazardous liquid leachate originating from a landfill, including requests for setback reductions.

SUBMITTED: 10-11-16 ACCEPTED: 10-18-16

STAFF RECOMMENDATION

Approval with stipulations; including the setback reductions requests.

PLANNING COMMISSION

HEARING DATE: 12-14-16

RECOMMENDATION: APPROVAL with stipulations; including the setback reductions request.

VOTE: 9 – 0

CITY COUNCIL

HEARING DATE: 1-17-17

RECOMMENDATION: CONTINUED to February 21, 2017

VOTE: 9 – 0

ATTACHMENTS

Updated Memo to City Council, Minutes, Staff Report, Site Plan, Aerial, GIS Parcel Exhibit

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APPLICATION SUMMARY

PLN-USE-2016-046 Tidewater Tank Terminal

APPLICANT/OWNER: Tidewater Tank Terminal, LLC Attn: Jeff Keever 150 W Main St 16th Floor Norfolk, VA, 23510 No Telephone/No Email

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6 Chesapeake Planning Commission December 14, 2016 Public Hearing Minutes

PLN-USE-2016-046

PROJECT: Tidewater Tank Terminal APPLICANT: Tidewater Tank Terminal, LLC PROPOSAL: A conditional use permit for a Solid Waste Management Facility to allow a transportation terminal handling non-hazardous liquid leachate originating from a landfill, including requests for setback reductions. ZONE: M-2, General Industrial District LOCATION: 1324 McCloud Road TAX MAP SECTION/PARCEL: 0260000000160 BOROUGH: Washington

PLANNING COMMISSION RECOMMENDATION:

Planning Commission recommends that PLN-USE-2016-046 be APPROVED, including the setback reductions requests, with the following stipulations: (9 – 0; Kish/Perry).

1. The owner/applicant agrees that this Solid Waste Management Facility shall operate as a transportation terminal, as defined by the Solid Waste Management Ordinance, and that the use shall be limited to the temporary storage and transfer of non-hazardous leachate originating from a landfill. Further, there shall not be any outdoor storage of the leachate or permanent disposal on the site.

2. The owner/applicant agrees that all leachate shall be transported on land in

sealed containers or sealed tanker trucks and by sea in vessels designed for the secure transport of leachate.

3. The owner/applicant agrees to obtain all required local, state and federal

permits required for operation of the facility prior to the issuance of a permanent Certificate of Occupancy. The owner/applicant shall maintain compliance with all applicable local, state and federal laws for the duration of the use.

4. The owner/applicant shall have all tanks on site inspected by a licensed,

professional engineer with experience in tank design and operation who is registered in Virginia or a person who has been certified according to API Standard 653, Appendix D. All such external inspections shall be completed every five (5) years and internal inspections shall be completed every ten (10) years. The owner/applicant shall have all sealed containers inspected as required by the standards of the American Petroleum Institute, as amended.

7 Chesapeake Planning Commission

December 14, 2016 Public Hearing Minutes

5. The owner/applicant shall retain records of sealed container and tank inspections, including copies of current API 653 external and internal inspections and other standards of the American Petroleum Institute applicable to the storage of leachate, for each sealed container and storage tank. All such records shall be retained on site and all such records shall be available for the City to review during normal business hours.

6. The owner/applicant shall submit the results of a monthly Toxicity Characteristic Leaching Procedure (TCLP) test sample to the Zoning Administrator prior to or by the last business day of the month. The monthly TCLP test shall be performed on the leachate prior to bringing the material on to the site to show that all leachate brought on site continues to be nonhazardous.

Mrs. Shaffer read PLN-USE-2016-046 into the record for Commission review and action.

Staff Presentation:

Mrs. Shaffer stated that based on the findings listed in the staff report, planning staff recommended that PLN-USE-2016-046 be APPROVED including the setback reductions requests, with stipulations as listed in the official agenda.

Proponent:

Jeff Keever, Host Terminals, standby for questions

COMMISSION VOTE:

Commissioner Kish moved that PLN-USE-2016-046 be APPROVED with the setbacks and stipulations as listed in the official agenda and as recommended by staff. Commissioner Perry seconded the motion. The motion was carried by a vote of 9 - 0.

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PLN-USE-2016-046 Tidewater Tank Terminal

APPLICANT: Tidewater Tank Terminal, LLC PROPOSAL: A conditional use permit for a Solid Waste Management Facility to allow a transportation terminal handling non-hazardous liquid leachate originating from a landfill, including requests for setback reductions. ZONE: M-2, General Industrial District LOCATION: 1324 McCloud Road TAX MAP SECTION/PARCEL: 0260000000160 BOROUGH: Washington