Before ban, repair shop moves in

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A councilwoman pushing the ban is shocked the city issued a permit.

By DAVID SKOLNICK

CITY HALL REPORTER

YOUNGSTOWN — While city council takes steps to ban future truck terminals, repair shops, and hauling and storage facilities from its main streets, the company that inspired the legislation received a permit to operate on Mahoning Avenue.

The city's planning department issued a zoning permit today to Phoenix Disposal Inc. to open at the former Major's Towing Property on Mahoning, near Glacier Avenue. Phoenix stores and repairs garbage trucks and large metal containers.

The permit was granted after the planning department received a legal opinion from Law Director Iris Guglucello. The opinion states that if Phoenix "complies with all the requirements of the city's present ordinance and the proposed structure falls within the permissible classification under our current zoning ordinance" then a permit must be issued.

Backing ban

Councilwoman Carol Rimedio-Righetti, D-4th whose ward includes the property in question, is pushing through a plan to ban such facilities from areas zoned Business 2, the designation for most of the city's main streets including Mahoning, Belmont and South avenues and Market Street.

Last week, the planning commission recommended that council approve the zoning change. A hearing on the proposal is set for Oct. 24. If council adopts the change, it won't affect Phoenix, said Bill D'Avignon, the city's Community Development Agency director, who also oversees the city's planning department.

The planning department's decision shocked Rimedio-Righetti, who learned about it from The Vindicator.

"You've got to be kidding me," she said. "I don't believe this type of business should exist on Mahoning Avenue. I don't blame anyone, but I'm really upset."

Initial rejection

The planning department initially rejected Phoenix's permit request because the site plan wasn't "legible," D'Avignon said. The day after reading a Sept. 19 news article about the proposed ban, Michael Turner, Phoenix's owner, said he resubmitted the request with an improved site plan. D'Avignon wanted to know if the planning department could postpone issuing the company a zoning permit because of the pending legislation, and was informed by Guglucello that he couldn't.

"If Carol wanted to ban certain businesses on the city's main corridors maybe she should have started it before I planned to move," Turner said. "Major's moved out three years ago. I think there are better things out there for the city to concentrate on rather than trying to impact my business."

After Major's went out of business, an auction company was located at that Mahoning Avenue facility for a short time.

Phoenix had to move from its facilities on South Meridian Road in Austintown because the new landlord there wanted to use the property for something else, Turner said. The company, which employs 17 people, looked at other sites in Youngstown, he said. But because of the need to relocate quickly, the former Major's property was the best option for the company, Turner said.

The sale of the property will be finalized in the next few days, Turner said.

Changing use

The zoning permit was needed because Phoenix is changing the use of the property, but no other action is needed because truck repair shops are permitted in B-2 areas, D'Avignon said.

With the permission of Major's but without a zoning permit, Phoenix moved to the Mahoning Avenue location a few weeks ago. Turner said he wants to be a good neighbor and plans to invest money in improving the facility.

skolnick@vindy.com

Monday, September 25, 2006