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        At a meeting of the Planning Commission of Cumberland County, Virginia, in the Cumberland County Elementary School Building at Cumberland Courthouse, Virginia commencing at 7:00 p.m., October 10, 2006, the following action was taken following a duly held public hearing during which time the County Planner/Zoning Administrator provided a review of the proposed zoning ordinance amendment and members of the public offered comment:

Following a reading of the recitals and the resolutions for a recommendation on the proposed zoning ordinance amendment and on a motion by Commissioner ________, seconded by Commissioner ______, the Planning Commission adopted and approved the Resolution according to the votes stated below:

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Present:                                                Vote:

Parker Wheeler, Chairman                                

Keith Oulie, Vice Chairman                        

Patrick Smook                                                

Irene Speas                                                

William Burger                                                

Roland Gilliam                                        

Geraldine Sanderson                                        

Absent:

Dated: ___________                        Attested: ___________________________

                                                       Clerk, Planning Commission

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WHEREAS, the Planning Commission of Cumberland County initiated a review and revision of its Zoning Ordinance with regard to borrowing, extracting, excavating, surplusing or stockpiling of soil, gravel, sand, cover and other similar material; and

        WHEREAS, the Planning Commission directed staff to prepare a draft of a new provision regarding same and made such text available for public review; and

        WHEREAS, the Planning Commission duly provided notice of its respective public hearings and duly received comment on the proposed Zoning Ordinance amendment; and

        WHEREAS, after discussion, preparation, staff presentation and due deliberation, including public hearings and public input and final presentation at this meeting; and

        WHEREAS, the Planning Commission desires to finalize and affirm its findings and recommendations for an amendment to Section 74-143, adding a subsection 74-143(18), and adding a new Section 74-150 regarding borrowing and stockpiling of soil and other similar materials;

        BE IT RESOLVED by the Planning Commission, as follows:

a.        The Planning Commission, after due consideration of public comment received, determines that the amendment is consistent with, and substantially in accord with, the Countys Comprehensive Plan.

b.        The Planning Commission recommends that the Board of Supervisors amend the Zoning Ordinance because the Planning Commission considers the amendment to be in substantial accordance with the general purpose and objectives of the Zoning Ordinance and is consistent with, and required by, consideration of the public necessity, convenience, general welfare and good zoning practice.

c.        Upon consideration of the proposed text, testimony, staff remarks, and public comment, and after consideration of the current conditions and standards set forth in the Zoning Ordinance, the Planning Commission recommends amending the Zoning Ordinance as follows:

  1.  Add a new subsection 74-143 (18) to read as follows:

(18) Borrow, extraction, excavation and stockpiling of soil, gravel, or sand, consistent with the provisions of Section 74-150.

  2.  Add a new Section 74-150 to read as follows:

Borrowing, extracting, excavating, surplusing or stockpiling of soil, gravel, sand, cover and other similar material shall be consistent with the provisions of Chapter 34, Article 2 of the County Code (Section 34-31 et seq.) and shall be conducted in a safe manner and in accordance with best management practices and applicable Federal and State regulations.  Drainage around any surplus, stockpiles, or cover material will be consistent with best management practices to avoid erosion, leaching of materials and sediment run-off.  Salt and sand piles over 20 cubic feet will be covered when not accessed.  Any equipment, vehicles, or supplies necessary to borrow, extract, excavate, stockpile, move material and similar such activities and on-site for longer than a consecutive two-month period shall be screened by architectural or landscape architectural screening to be visually unobtrusive from any public road or from any adjacent property.  Architectural or landscape architectural screening of borrow, extraction or excavation areas, surplus or stockpiles shall be provided if visible from a public road or from adjacent property.  No surplus or stockpile shall exceed a 35-foot maximum vertical height and no slope for surplus or stockpile shall exceed 4:1 unless appropriate best management practices, as set forth by the Peter Francisco Soil and Water Conservation District, are utilized to prevent erosion, leaching of materials and sediment run-off.  Re-grading of borrow, extraction, and excavation areas shall occur after the sooner of six months of inactivity or following termination of such activities and shall be consistent with pre-existing grade or at a grade not greater than 5:1.

BE IT FURTHER RESOLVED by the Planning Commission that the amendment to the Zoning Ordinance as reflected above is hereby referred and recommended to the Cumberland County Board of Supervisors for adoption.

Dated: ___________                        Attested: ___________________________

                                                       Clerk, Planning Commission