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HomeMy WebLinkAbout01-01 BOS Staff ReportPC REVIEW: 06/06/01 BOS REVIEW: 07/11/01 CONDITIONAL USE PERMIT #01-01 S. BLAINE WILSON and KEITH A. WILSON Shale Mining Operation LOCATION: This property is located at 881 W. Parkins Mill Road MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 76-A-137 and 76 -A -137A PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Shale Mining ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use: Residential, Commercial (landscape contracting business), and Vacant PROPOSED USE: Shale Mining Operation REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to conditional use permit for this property. However, prior to operation, an entrance must be constructed to VDOT's standards to allow for safe usage. Sight distance is restricted at the Rt. 645 entrance and must be corrected to a minimum of 550 feet. Any work performed on the State right-of-way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Plan approval is recommended; no additional comments Inspections Department: No comment required. County Engineer: The proposed conditional use permit needs to comply with Frederick S. Blaine and Keith A. Wilson CUP #01-01 Page 2 June 29, 2001 County's E&S ordinance. This requirement will include, but not be limited to, a land disturbance permit and associated E&S plan. The latter plan shall be developed in strict accordance with the current state E&S requirements. Health Department: The Health Department has no objection as long as there is no domestic wastewater created on-site. Planning and Zoning: The Zoning Ordinance allows for the mining of shale in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit. The subject site includes two adjacent parcels lying between Airport Road (Route 645) and West Parkins Mill Road (Route 644). The parcels total approximately 100 acres, approximately 31- and 69 -acre parcels apiece. The properties are zoned RA (Rural Areas). The 31 -acre parcel (PIN 76-A-137) is currently vacant. The applicant's residence and animal park (Wilson's Wild Animal Park) are located on the 69 -acre parcel (PIN 76 -A -137A), and are accessed via West Parkins Mill Road. The shale mining operation is accessed via an existing entrance onto Airport Road. The applicant recently became aware that a Conditional Use Permit (CUP) was necessary to continue the shale mining operation. The applicant began mining shale from the properties in 1987. At that time, the Planning Department issued the applicant a letter authorizing the removal of shale from the property. After recently reviewing the Planning Department's 1987 letter, the applicant realized that authorization to remove shale was on a temporary basis. The properties have been utilized for a shale extraction operation since 1987. The Division of Mineral Mining (DMM), part of the Virginia Department of Mines, Minerals, and Energy, has conducted annual inspections of the shale mining operation since 1987. David Cress, the mining inspector for our area, has confirmed that the mining operation has continued to be in compliance with the DMM over the past 14 years. The DMM reviews and monitors the site for conformity to DMM requirements, including adherence to drainage and reclamation plans. The permit issued by the DMM covers an area totaling 30 acres, distributed over the two parcels included in this CUP application. Mr. Cress has advised staff that a portion of the DMM permitted area, located on PIN 76-A-137, has been reclaimed. In accordance with County regulations, mining must occur at least 100 feet from the roadway. There are houses on properties which abut the subject site where the mining would occur. These properties, however, are screened by vegetation, and are of a significant distance from the mining area. Given the setback and the natural buffer, impacts on the adjoining properties would be minimal. Access to the site is gained from an existing right-of-way to Airport Road. While this entrance onto Airport Road is currently being used for the mining operation, the Virginia S. Blaine and Keith A. Wilson CUP #01-01 Page 3 June 29, 2001 Department of Transportation will require, as a condition of this CUP, that the entrance be upgraded to satisfy safe entrance standards. There is a low-water bridge crossing on Airport Road, immediately east of the subject site's entrance. Staff is aware of concern raised by residents along Airport Road that the crossing maybe undersized to handle the traffic generated by the proposed shale mine. Staff contacted VDOT and learned that the crossing has been engineered to handle a capacity of 57 tons; this weight capacity would be adequate to accommodate the vehicular traffic generated by the proposed shale mining operation. A second bridge located on Airport Road, west of the subject site's entrance, is designed for a weight capacity of 30 tons. This 30 -ton bridge is not designed to accommodate the proposed vehicular traffic generated by the shale mine. Therefore, traffic generated by the shale mine operation should be routed east on Airport Road as they leave the subject site. A site plan is required for all development in the EM (Extractive Manufacturing) Zoning District and all mining operations in the RA (Rural Areas) District must meet all regulations set forth in the regulations for the EM District. However, the applicant does not propose to construct any new buildings in coordination with this CUP. The State permitting procedure may be sufficient to ensure that the site is adequately developed and maintained. Staff would seek the guidance of the Planning Commission with regard to the necessity of a site plan. STAFF CONCLUSIONS FOR THE 06-06-01 PLANNING COMMISSION MEETING: Approval of this conditional use permit may be appropriate with the following conditions: All review agency comments and Frederick County Zoning Ordinance requirements, including the EM District requirements applicable to this site, shall be complied with at all times. 2. A state mining permit shall be kept current as required by the Code of Virginia. 3. No commercial mining operation shall occur until an approved VDOT entrance is constructed. 4. No vehicular traffic involved in the shale mining operation shall travel on Airport Road west of the site's entrance. 5. A schematic plan illustrating the current conditions of the subject properties shall be submitted to the Planning Department within 30 days of approval of the Conditional Use Permit. A site plan must be submitted to, and approved by, the County prior to further expansion of the shale mining operation. S. Blaine and Keith A. Wilson CUP #01-01 Page 4 June 29, 2001 PLANNING COMMISSION SUMMARY & ACTION OF 06/06/01 MEETING: Six persons, all residents along Airport Road, spoke primarily about the truck traffic along Airport Road. They raised issues about the numbers of trucks using the road, the speed at which the trucks travel, the narrow and curved condition of the road, and the safety hazard to other motorists and pedestrians created by this situation. They reported vehicles being run off the road, damage to lawns and driveways, noise, and dust. Some of the residents believed that access to the shale mining should be via Parkins Mill Road, rather than Airport Road. Concern was also raised about possible pollution to Isaac Lake and the condition of the bridges along Airport Road. The co -applicant, Mr. S. Blaine Wilson, told the Commission that he has been in compliance with DMM regulations for the past 14 years; he also noted that he has not received any complaints from his neighbors about the operation in all of those 14 years. Mr. Wilson stated that he would be willing to survey and fence -in the 30' access right-of-way on Airport Road, to prevent damage to adjoining properties. Commission members commented that this shale mining has been in operation for the past 14 years and the operation was not likely to change, as a result of this conditional use permit, from what has taken place in the past. It was pointed out that this conditional use permit will allow the applicant to be in full compliance with County regulations. Commissioners noted that the concerns of the neighbors focused primarily on the truck traffic along Airport Road, rather than the shale mining operation itself, and it was their opinion that the applicant could not be held responsible for the driving conduct of truck drivers after they leave the site. There was also some uncertainty as to how many of the trucks traveling along Airport Road were actually generated by the shale mining or traveling to other destinations. The Commission encouraged the applicant to investigate the possibility of accessing the site from Parkins Mill Road and to work with those neighbors who shared the gravel access point on Airport Road on the maintenance of that access area. By a majority vote, the Commission recommended approval of the conditional use permit with the same conditions as suggested by the staff, as follows: L All review agency comments and Frederick County Zoning Ordinance requirements, including the EM District requirements applicable to this site, shall be complied with at all times. 2. A state mining permit shall be kept current as required by the Code of Virginia. 3. No commercial mining operation shall occur until an approved VDOT entrance is constructed. 4. No vehicular traffic involved in the shale mining operation shall travel on Airport Road west of the site's entrance. 5. A schematic plan illustrating the current conditions of the subject properties shall be submitted S. Blaine and Keith A. Wilson CUP #O 1 -0 1 Page 5 June 29, 2001 to the Planning Department within 30 days of approval of the Conditional Use Permit. A site plan must be submitted to, and approved by, the County prior to further expansion of the shale mining operation. The vote on this recommendation for approval was as follows: YES (TO APPROVE): Triplett, Thomas, Light, Morris, Unger NO: Fisher, Kriz, Watt ABSTAIN: DeHaven, Wilson (Mr. Ours was absent for this vote.) 0:\Agendas\COMAffiNPS\CUP's\2001\BlaineW ilson.wpd