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HomeMy WebLinkAbout16-00 BOS Staff ReportPC REVIEW: 10/04/00 BOS REVIEW: 10/25/00; 12/13/00 CONDITIONAL USE PERMIT #16-00 JAMES E. SMELSER Shale Mining Operation with Sales LOCATION: This property is located at 1557 Green Spring Road. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBERS: 21-A-27 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use: Residential and vacant PROPOSED USE: Shale Mining Operation with Sales REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to conditional use permit for this property. However, prior to operation of the business, a commercial entrance must be constructed to our minimum standards to allow for safe egress and ingress of the property. Any work performed on the State rights-of-way must be covered by a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. Inspections Department: No structures involved; no comment required. Fire Marshal: Plan approval is recommended; no additional comments. Health Department: No objection to this proposal so long as the existing sewage disposal system for the residence is not disturbed. James E. Smelser CUP Page 2 December 6, 2000 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 parcel is divided by Green Spring Road. The applicant's home lies on the west side of the roadway. The proposed shale mining would occur on the east side, directly across from the home. Through a contract with the Virginia Department of Transportation, some excavation has already occurred on-site. This excavation was conducted within 100 feet of Green Spring Road. In accordance with County regulations, subsequent mining must occur at least 100 feet from the roadway. There are three homes on Evening Lane which abut the parcel where the mining would occur. These properties, however, are screened by evergreen vegetation. Given the 100 foot side and rear yard setback for excavation and the natural buffer, these properties should not be negatively impacted. Private operations of this nature are monitored and licensed by the Division of Mineral Mining (DMM), part of the Virginia Department of Mines, Minerals and Energy. The applicant is aware of the state permitting procedure and has been in contact with David Cress, the mining inspector for our area. Before a permit can be issued, the applicant must provide DMM with suitable operations, drainage, and reclamation plans. The applicant plans to sell shale to individual homeowners, as well as small companies. As a result, considerable heavy truck traffic would be unlikely. Typically, a pick-up or small dump truck would be used to haul shale away from the site. Staff would recommend limiting the operating hours from 8 a.m. to 6 p.m., Monday through Saturday. The Planning Commission has the authority to require appropriate landscaping or screening within any required yard setback area in order to reasonably protect adjacent uses from noise, sight, dust or other adverse impacts. 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. James E. Smelser CUP Page 3 December 6, 2000 STAFF CONCLUSIONS FOR THE 10-04-00 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 shall be complied with at all times. 2. A state mining permit shall be obtained and kept current as required by the Code of Virginia. 3. No commercial mining operation shall occur until an approved VDOT entrance is constructed. 4. Hours of operation shall be 8 a.m. to 6 p.m., Monday through Saturday. PLANNING COMMISSION SUMMARY & ACTION OF 10-04-00 MEETING: Comments were received from one adjoining property owner who had concerns regarding possible noise, the possible reduction of surrounding property values, the possibility of ground level shaking if dynamite was used in the mining process, possible water and air pollution, and the possible visible degradation of the site. A letter was also received from another adjoining property owner who currently resides in Florida. This property owner was concerned about environmental impacts and the possible impacts on surrounding property values. Commission members commented that shale operations of this type typically use front-end loaders for extraction and the applicant confirmed there would be no blasting. The depth proposed for extraction was also discussed and staff noted that the Zoning Ordinance has three performance standards for mining operations under a conditional use permit in the Rural Areas Zoning District, the first of which requires all mining to be above the mean existing grade level of the parcel of land. The Commission believed that the State permitting procedures would be sufficient to ensure the site is adequately developed and maintained and that a site plan would not be necessary. The Planning Commission believed that adequate controls were in place, ie., the local ordinances pertaining to this type of use will address setbacks, etc., while the operation of the mining business itself, such as environmental pollution, will be regulated through the DMM and their permitting process. James E. Smelser CUP Page 4 December 7, 2000 Based on this, the Planning Commission recommended approval of Conditional Use Permit # 16-00 of James E. Smelser for a shale mining operation at 1557 Green Spring Road with a waiver of the site plan requirements and with the following conditions: All review agency comments and Frederick County Zoning Ordinance requirements shall be complied with at all times. 2. A state mining permit shall be obtained and kept current as required by the Code of Virginia. 3. No commercial mining operation shall occur until an approved VDOT entrance is constructed. 4. Hours of operation shall be 8 a.m. to 6 p.m., Monday through Saturday. 5. No blasting shall be permitted on the site. The majority vote was as follows: YES (TO APPROVE): Fisher, Kriz, Miller, Ours, Thomas, Wilson, DeHaven, Marker, Light, Unger NO: Morris SUMMARY OF MEETING WITH APPLICANT AND ADJOINING PROPERTY OWNER: On December 6, 2000, the applicant and his son, Steve Smelser, met with staff, Mr. Sidney Reyes, and adjoining property owner Michael Mullin. The said property owners agreed on a 200 -foot setback from the property line they jointly share. Doubling the setback provides the adjoining property owner with greater certainty that the shale operation will not adversely affect his property. Based on the agreement, staff has added a sixth condition to the conditional use permit as follows: 6. No land disturbance associated with the shale operation shall occur within 200 feet of the eastern property boundary shared by the applicant and PIN 22-A-2 (currently owned by Mr. Mullin). 0: \Agendas\COMMENTS\CUP's\2000\Sme(ser.wpd