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 Planning and Zoning Administrator provided a review of the conditional use permit request, the applicants representative provided a review of the proposal and members of the public offered comment:

On a motion made by Commissioner Gilliam, and seconded by Commissioner Smook, it was moved that the Planning Commission  recommend that the Board of Supervisors of Cumberland County grant the Conditional Use Permit in accordance with the following Recitals and Resolutions;

Following a reading of the Recitals and Resolutions, the Planning Commission adopted and approved the Recitals and Resolutions according to the votes stated below:

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Present:                                                Vote:

Parker Wheeler, Chairman                                Aye

Keith Oulie, Vice Chairman                                Aye

Patrick Smook                                                Aye

Irene Speas                                                Aye

William Burger                                        Nay        

Roland Gilliam                                        Aye

Geraldine Sanderson                                        Aye

Dated: ___________                        Attested: ___________________________

                                                       Clerk, Planning Commission

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RECITALS:

WHEREAS, Obscurity Land Development, LLC (the Applicant) filed a conditional use permit application and supporting materials (the CUP Application) seeking to obtain a conditional use permit in accordance with Chapter 74 of the Cumberland County Code of Ordinances (the Zoning Ordinance); and

WHEREAS, the subject property is all or a portion of Tax Map Parcels 51-A-14 and 59-A-3, containing in the aggregate approximately 199.61 acres, more or less, as shown in Figure 2 of the CUP Application and more particularly described on Exhibit A attached hereto entitled Legal Description(hereinafter the Borrow Property); and

WHEREAS, the Board of Supervisors duly referred the CUP Application to the County Planning Commission for its recommendation on August 12, 2006; and

        WHEREAS, the Planning Commission directed staff to make the CUP Application available for public review; and

WHEREAS, the Planning Commission duly advertised and held public workshops and hearings on September 6, September 11, September 18 and October 10; and

WHEREAS, the Planning Commission carefully considered the testimony and evidence presented at the public hearings and workshops in support or opposition to the proposed CUP Application, including among other things documentation, information and data related to environmental monitoring and protection, erosion and sediment control, as well as other pertinent and relevant issues, the input of the applicant, and its engineers and consultants, input from the general public, the Countys engineers and input from officials with the Virginia Department of Environmental Quality; and

        WHEREAS, after discussion, staff presentation and due deliberation with respect to such information and data, including information and materials presented at this public hearing, the Planning Commission desires to affirm its findings and make its recommendations to the Board of Supervisors with respect to the CUP Application; and

WHEREAS, in its review of the CUP Application, the Planning Commission gave reasonable consideration to numerous factors, including but not limited to the following: the existing use and character of the Borrow Property, the Countys Comprehensive Plan, the suitability of the Borrow Property for various uses, the trends of growth or change, and the current and future requirements of the County as to land for various purposes as determined by population and economic studies;  

RESOLUTIONS:

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission, as follows:

a.        The foregoing recitals are hereby incorporated by this reference.

b.        Upon consideration of the foregoing and the conditions and standards set forth in the Zoning Ordinance, including Sections 74-143, 74-150 and 74-702, the Planning Commission considers it appropriate to grant the conditional use permit.

c.        The Planning Commission has determined that the request made in the CUP Application furthers the general purposes and objectives of the Zoning Ordinance, is consistent with the Countys Comprehensive Plan, and would be beneficial and appropriate taking into consideration public necessity, convenience, general welfare and good zoning practice.

d.        Upon consideration of the foregoing,  the Planning Commission recommends that Conditional Use Permit Application #06-08-03 be referred and recommended to the Cumberland County Board of Supervisors for adoption and that the Board of Supervisors grant the Applicant a conditional use permit to conduct such activities on the Borrow Property as may be permitted under Section 74-143 (18) of the Zoning Ordinance in accordance with the provisions thereof and applicable state law and regulations, subject to the Applicants compliance with the following conditions (collectively, the CUP Conditions):

1.        Copies of all applications for state and federal permits, along with information submitted in any permit application process, shall be provided to the County Administrator, or designee, upon request.  

2.        The Applicant will provide for a vegetative buffer area with a minimum width of one hundred (100) feet between any of its operational activities and structures and any adjoining property ownersproperty in order to shield such activities and structures from the adjoining property and public roads, not including access points or areas of ingress or egress.  In areas where the required buffer is not wooded, or such woods are sparse, Applicant shall engage in tree/vegetative planting (determined to be dense plantings, preferably evergreen, with a minimum height of five feet) to further buffer such areas.    

3.        All fuels stored on the property shall be maintained in approved corrosive-resistant, above ground storage tanks.  Bulk fuels shall not be stored in buildings on the property.

4.        In order to prevent soil erosion on the property, the Applicant shall implement and maintain all stormwater management and erosion control measures as required by applicable state regulations and local ordinances.

5.        Roads within the property shall be graded as necessary to maintain smooth, well-drained surfaces.  During dry periods, these operating roads shall be sprayed with water, if necessary, to reduce dust problems.  All roads necessary for the operation of the facility shall be kept in passable condition.  Primary access roads within the facility shall be kept in a passable condition, before and after closure.  Permanent unpaved roads shall be covered with gravel.  Roads will have a setback of at least one-hundred (100) feet from adjacent property lines.

6.        Borrowing activity, extraction and stockpiling of soil, clay, gravel and other similar material will be in compliance with best practices and the provisions of Chapter 34, Article 2 of the County Code, pertaining to erosion and sediment control and the Zoning Ordinance provisions of proposed Section 74-150.

7.        All documents received by the County from Applicant, with the exception of proprietary information, shall be public records subject to the Virginia Freedom of Information Act.

8.        Applicant has submitted and the County has accepted a conceptual site plan for the property prepared by Brown and Caldwell, attached to the CUP Application as Figure 3 and entitled Conceptual Site Plan(the master site plan).  Applicant shall obtain approval of its final detailed site plans prior to constructing any buildings or other improvements on the Borrow Property and prior to commencing borrowing operations thereon.  Such final site plans shall provide, at a minimum and consistent with the Zoning Ordinance, detailed information regarding:

a)  the location and design of all planned improvements, including, but not limited to roads, staging areas, parking areas, lighting, and buildings;

b)  the location of streams, creeks and delineated wetlands, the topography, floodplains, soil and groundwater conditions of the area;

c)  the specific buffers and any structures to be placed within the buffer areas adjoining the operational area (in accordance with the terms of this Conditional Use Permit) and the specific plans for landscaping and screening augmentation;

d)  the specific steps to be taken to protect floodplains, wetlands, and water quality, and

e)  drainage plans.

Such final site plans shall be submitted to the County Administrator, or designee, who shall review them for conformance with the terms of this Conditional Use Permit and the master site plan approved in connection with this Conditional Use Permit, with such modifications as may be approved by the Planning Commission at the time of site plan review.

e.        The Planning Commission recommends to the Board of Supervisors that it consider that in lieu of  the noise standards set forth in Section 74-588(a)(1) of the Zoning Ordinance, the following standard shall apply to the Borrow Property:  Any noise resulting from the Applicants operations, defined to include all aspects of the Applicants work once the Applicant begins operations, shall not exceed sixty-seven decibels at the property line.  If the noise level at the property line exceeds the permitted limit, the Applicant shall be afforded reasonable opportunity to take corrective measures to eliminate such noise that exceeds the aforementioned threshold level.

f.      Upon the Boards approval and granting of the conditional use permit, the Planning

Commission recommends that the Board require a copy of the final ordinance granting the Conditional Use Permit to be recorded in the Office of the Clerk of the Circuit Court for Cumberland County.

Being located in Cumberland County, Virginia and being further described as follows:  Beginning at a point located at the southwest corner of tax parcel #51-A-14A, listed as Curtis Franklin Marion, and described by a deed recorded at deed book 232, page 647, thence S77°-02-00E 140.03, S73°-27-28E 160.65, S71°-16-14E 239.09, along a curve to the left having a radius of 106.47, a length of 116.79, and a chord of N77°-18-18E 111.02, N45°-52-51E 47.85, along a curve to the right having a radius of 235.51, a length of 105.21, and a chord of N58°-40-45E 104.34, N71°-28-39E 48.84, along a curve to the left having a radius of 253.45, a length of 123.40, and a chord of N57°-31-46E 122.18, N43°-34-53E 230.41, N21°-02-31E 21.84, N68°-52-42E 863.53, N81°-19-31E 419.09, N31°-54-21E 897.21, S76°-43-40E 1081.27, S61°-23-11W 321.33, S33°-32-05E 1841.46, S28°-57-45W 350.46, N89°-19-17W 598.23, S74°-16-49W 1110.91, S64°-30-45W 2006.44, S56°-28-48W 867.96, N3°-57-38W 2523.88to the point of beginning containing 199.614 acre.