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HomeMy WebLinkAbout06-07 BOS Staff Report CONDITIONAL USE PERMIT #06-07 MUNDY SAND, LLC Staff Report for the Board of Supervisors Prepared: December 21, 2007 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 10/17/07 Tabled 45 days by Applicant Planning Commission: 12/05/07 Recommended Approval Board of Supervisors: 01/09/08 Pending LOCATION: This property is located near Brill Road (Route 603) and Gravel Springs, along the eastern foot of Paddy Mountain. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERS: 69-A-7 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Sand Mining Operation ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Land Use: Agricultural South: RA (Rural Areas) Land Use: Agricultural East: RA (Rural Areas) Land Use: Agricultural West: RA (Rural Areas) Land Use: Agricultural PROPOSED USE: Sand Mine Operation CUP #06-07, Mundy Sand, LLC December 21, 2007 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 603, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. However, brush and foliage need to be cut to obtain required sight distance. Failure to do so may mean the loss of commercial entrance privilege. Should use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards. Updated comment of 12/19/2007: As discussed the other day, I am proposing that Mundy’s could address the local citizens concerns about the quarry use of Route 603. VDOT will allow Mundy’s under a Land Use Permit the following actions at Mundy’s expense: • Application of Calcium Chloride for dust control. • Repairs of the roadway where damage was caused by quarry truck traffic. • Construct pull-off pockets to allow large vehicles to pass each other. • Widening of the existing roadway. • Improving the roadway to VDOT Rural Rustic Standards w/prime and double seal. Frederick County Fire Marshall: Plan approval recommended. Frederick County Inspections: The temporary scales trailer shall comply with The Virginia Uniform Statewide Building Code, Section 304 Use Group B (Business) of the International Building Code/2003 and The Virginia Industrialized Building Code. Other code that applies is ICC/ANSI A117-2003 Accessible and Usable Buildings and Facilities. Please submit a site plan showing the accessibility to the structure at the time of permit application. Please include manufactures foundation and anchoring information along with the VA registration number. Sanitation Authority: We do not serve this area. Frederick-Winchester Health Department: Health Department has no objections to the request. Winchester Regional Airport: No comment. City of Winchester: No comments. Planning and Zoning: The Frederick County Zoning Ordinance allows for the mining of sand in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). This property is subject to the conditions of CUP #005-88, approved by the Frederick County Board of Supervisors on May 10, 1989. Currently, this operation has been permitted and licensed by the Division of Mineral Mining (DMM), part of the Virginia Department of Mines, Minerals and Energy CUP #06-07, Mundy Sand, LLC December 21, 2007 Page 3 and meets all of the requirements of this agency. All of the mining operations will be conducted on 17 acres of a 174 acre parcel approximately 300 feet or more from any adjoining properties. The applicant is requesting to amend CUP #005-88, by deleting the following conditions: 1. This is a five-year permit to be reviewed annually by the staff, the Planning Commission and the Board of Supervisors. 2. If the use, occupancy or ownership of the property changes, this conditional use permit shall expire and a new conditional use permit will be required. The above-referenced conditions are no longer required by Frederick County for Conditional Use Permits (CUP). STAFF CONCLUSIONS FOR THE 10/03/07 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. All review agency comments and the Frederick County Zoning Ordinance requirements shall be complied with at all times. 2. The mining operation shall meet all requirements of the Virginia Department of Mineral Mining, along with sediment, erosion, runoff and spillage controls needed to allow the setback from Gravel Springs Run to be placed at 50 feet. 3. The mining operation shall meet the landscaping and screening performance standards; supplementary regulations; height, area and bulk regulations; and site plan requirements contained in the requirements for the EM (Extractive Manufacturing) District. 4. The EM (Extractive Manufacturing) site plan shall be reviewed and approved administratively by staff. 5. Mining shall be limited to the 17.191 acre area described on the provided plat. 6. No mining excavation shall occur within 200 feet of the boundaries of the adjoining property not owned by the applicant or within 50 feet of Gravel Springs Run. 7. Daylight hours of operation only. No Sunday operations. 8. The Zoning Administrator may require enclosure of crusher, if adverse impact occurs. CUP #06-07, Mundy Sand, LLC December 21, 2007 Page 4 9. Wash water from sand washing shall be filtered before entering surface water. 10. Only portable crushers are to be used on site. PLANNING COMMISSION SUMMARY AND ACTION OF THE 10/17/07 MEETING: Six adjoining and/or nearby residents came forward to express their concerns and opposition to the renewal of sand mine operations on this site. They reported no recent activity on this site and the renewal of sand mining operations would negatively affect their quality of life. They expressed concern about noise and dust from trucks and earth-moving equipment five days a week. One resident reported the crusher running until dark and sand being hauled on Sundays during the previous operation. They said Brill Road was not wide enough for a dump truck and another vehicle or school bus to pass each other and the trucks will inevitably be running up on homeowners’ lawns. One resident on Brill Road was worried about increased water runoff on her property. In addition, residents cited increased traffic and speeding as a cause for concern for the safety of neighborhood children. One resident along South Pifer Road operated an equine breeding business and she was concerned about her safety taking animals back and forth across the road; she said her home was only 15-20 feet from the road. Another resident described older homes as little as four feet from the road. One resident suggested the possibility of constructing a separate truck access from the Brill property to Route 55. The applicant’s representative, Mr. Benjamin M. Butler, Esq., said this request is not to expand an existing CUP, but is simply a continuation of the existing operation. Mr. Butler did not believe there would be excessive truck traffic and he requested that Mundy Sand be given the opportunity to operate under the existing CUP. He noted that VDOT comments had been favorable and they would comply with their requests. The Planning Commission considered additional and/or more specific conditions that could be placed on the CUP, possibly restricting the number of trucks per day, widening Brill Road, and limiting the hours of operation, to help alleviate some of the concerns of the adjoining property owners. Commission members recognized that Mundy Sand was a reputable company and that the proposed operation was a valuable and needed industry. However, they did not believe the road was safe for a daily operation in its existing condition. Mr. Butler requested that the Planning Commission table the applicant’s CUP request to allow the applicant time to address the concerns raised by the area residents and the Commission. By a unanimous vote, the Planning Commission tabled the CUP for 45 days to allow the applicant the opportunity to address the concerns raised by the neighborhood residents and the Commission. (Note: Commissioners Watt and Light were absent from the meeting.) CUP #06-07, Mundy Sand, LLC December 21, 2007 Page 5 STAFF UPDATE FOR 12/05/07 PLANNING COMMISSON MEETING: Staff and the applicant have met with representatives from VDOT and the neighborhood residents to address concerns raised at the October 17, 2007, Planning Commission meeting. VDOT does not believe a traffic count is warranted and has no concerns with truck traffic associated with this proposed use using Brill Road, Pifer Road, or Star Tannery Road. The applicant is willing to add a condition to this Conditional Use Permit and it is noted as Condition 11 below. Staff conclusions remain consistent with what has previously been offered to the Planning Commission. 1. All review agency comments and the Frederick County Zoning Ordinance requirements shall be complied with at all times. 2. The mining operation shall meet all requirements of the Virginia Department of Mineral Mining, along with sediment, erosion, runoff and spillage controls needed to allow the setback from Gravel Springs Run to be placed at 50 feet. 3. 4. The EM (Extractive Manufacturing) site plan shall be reviewed and approved administratively by staff. (Please note this condition has been met.) 5. Mining shall be limited to the 17.191 acre area described on the provided plat. 6. No mining excavation shall occur within 200 feet of the boundaries of the adjoining property not owned by the applicant, or within 50 feet of Gravel Springs Run. 7. Daylight hours of operation only. No Sunday operations. 8. The Zoning Administrator may require enclosure of crusher if adverse impact occurs. 9. Wash water from sand washing shall be filtered before entering surface water. 10. Only portable crushers are to be used on site. 11. Mundy-owned trucks will only enter this site via Wardensville Pike (Rt.55) to Pifer Road (Rt. 600) to Brill Road (Rt. 603). Mundy-owned trucks will exit this site using Brill Road (Rt. 603) to Pifer Road (Rt. 600) to Wardensville Pike (Rt.55). CUP #06-07, Mundy Sand, LLC December 21, 2007 Page 6 PLANNING COMMISSION SUMMARY AND ACTION OF THE 12/05/07 MEETING: The applicant reported that the primary concern raised by the neighborhood residents at their public meeting on November 13, 2007 involved truck traffic. The applicant hired a statistician to conduct a quarry traffic study; the results estimated there would be 1.73 encounters between a truck and a bus per week and six encounters between a truck and passenger traffic per week. The applicant also presented a photograph showing two quarry trucks passing each other on Brill Road. VDOT had reported that all of the bridges were adequate to support the trucks. In addition, the applicant had met with the Planning Staff and had agreed to an additional condition which provided a specific route for mine-owned trucks to enter and exit the site. Furthermore, the applicant said they were willing to coordinate with the School Board and will hold all trucks leaving the property for 15 minutes, both in the morning and evening, to avoid encounters with school buses. Three residents along Brill Road expressed their concerns to the Commission. The concerns included: devaluation of property values; the noise, activity, and dust would degrade quality of life; safety concerns and increased risks involving commercial trucks, vehicles, and school buses; the narrow widths and steep grades of the single-lane, gravel roads; the absence of a condition limiting the number of trucks; and the fact this will be a commercial operation along with the mining operation. Written communication was received from four other area residents. Commission members asked the applicant to post a sign specifying which route trucks should take to enter and leave the site. The applicant pointed out those trucks not mine-owned-and-operated could not be policed to take the appropriate route. The applicant agreed to specific hours of operation. Commission members pointed out those conditions #2, #5, and #8 were repetitive and did not need to be listed because they were covered by the Division of Mineral Mining and the Department of Environmental Quality. Some members of the Commission suggested the number of trucks per day be limited or the use be limited to the mining operation without retail use. By a unanimous vote, the Planning Commission recommended approval of CUP #06-07 of Mundy Sand, LLC with the following revised conditions: 1. All review agency comments and the Frederick County Zoning Ordinance requirements shall be complied with at all times. 2. The mining operation shall meet all requirements of the Virginia Department of Mines, Minerals, & Energy, Division of Mineral Mining, and the Department of Environmental Quality. 3. The mining operation shall meet the landscaping and screening performance standards, the supplementary regulations, the height, area, and bulk regulations, and the site plan The CUP #06-07, Mundy Sand, LLC December 21, 2007 Page 7 mining operation shall meet the landscaping and screening performance standards; supplementary regulations; height, area and bulk regulations; and site plan requirements contained in the requirements for the EM (Extractive Manufacturing) District. 4. Mining shall be limited to the 17.191-acre area described on the provided plat. 5. Hours of operation shall be from 7:00 a.m. until 4:00 p.m. No Sunday operations. 6. The Zoning Administrator may require enclosure of the crusher, if adverse impact occurs. 7. Only portable crushers are to be used on site. 8. Mine-owned-and-operated trucks will only enter this site via Wardensville Pike (Route 55) to Pifer Road (Route 600) to Brill Road (Route 603). Mine-owned-and-operated trucks will exit this site via Brill Road (Route 603) to Pifer Road (Route 600) to Wardensville Pike (Route 55). 9. Truck departure and arrival times shall be controlled to avoid encounters with school buses during regular school bus travel times. 10. Mundy shall at VDOT request maintain and or repair Brill Road (Route 603) from the mine entrance to Pifer Road (Route 600). These actions are noted under VDOT comments. (Note: Commissioners Ours and Kriz were absent from the meeting.) Following the required public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors.