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HomeMy WebLinkAbout06-07 PC Staff Report - October CONDITIONAL USE PERMIT #06-07 MUNDY SAND, LLC Staff Report for the Planning Commission Prepared: September26, 2007 Staff Contact: Mark R. Cheran, Zoning and Subdivision 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 Pending Board of Supervisors: 11/14/07 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 September 26, 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. 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 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. CUP #06-07, Mundy Sand, LLC September 26, 2007 Page 3 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. (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. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors.