Docket Item "E" UP-96-25(Rev 8/10) 104 LLC Borrow Pit

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1 Docket Item "E" UP-96-25(Rev 8/10) 104 LLC Borrow Pit CITY COUNCIL PACKAGE FOR NOVEMBER 16, 2010 Page 1 2 Application Summary 3 4 Planning Commission Minutes 5 7 Staff Reports: October 13, October 1, Site Plan 15 GIS Parcel Exhibit

2 APPLICATION SUMMARY 1 UP-96-25(Rev 8/10) 104 LLC Borrow Pit LOCATION: PROPOSAL: North and east of the intersection of George Washington Highway and Dominion Boulevard Reconsideration of a stipulation associated with an approved conditional use permit for a borrow pit. The stipulation relates to the duration of the borrow pit operation (stipulation 12). SUBMITTED: ACCEPTED: STAFF RECOMMENDATION Approval with stipulations HEARING DATE: PLANNING COMMISSION RECOMMENDATION: APPROVAL with stipulations VOTE: 8-0 ATTACHMENTS Minutes, Staff Reports, Site Plan, GIS Parcel Exhibit

3 APPLICATION SUMMARY 2 UP-96-25(Rev 8/10) 104 LLC Borrow Pit APPLICANT/OWNER: 104 LLC c/o: Allen J. Gordon 1553 South Military Hwy Chesapeake, VA tinad@cavtel.net Members: Sheri C. Sandler Steven Sandler Milton E. Wilkins Daniel Gordon Tavia F. Gordon ABEMS & Associates, A Virginia limited partnership WHDAER, LLC, a Virginia limited liability company AGENCY: Allen J. Gordon 1553 South Military Hwy Chesapeake, VA

4 Chesapeake Planning Commission DRAFT October 13, 2010 Public Hearing Minutes 3 UP-96-25(Rev 8/10) PROJECT: 104 LLC Borrow Pit APPLICANT: 104 LLC AGENCY: Allen J. Gordon, Attorney PROPOSAL: Reconsideration of a stipulation associated with an approved conditional use permit for a borrow pit. The stipulation relates to the duration of the borrow pit operation (stipulation 12). ZONE: A-1 Agricultural District SIC CODE: 144 LOCATION: North and east of the intersection of George Washington Highway and Dominion Boulevard TAX MAP SECTION/PARCEL: BOROUGH: Deep Creek PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that UP-96-25(Rev 8/10) be APPROVED with the following stipulations: (8-0; Rowland/Johnson, Small excused) 1. The applicant shall reserve a right-of-way for the future Scenic Parkway, the dimension and location of which is to be approved by the Department of Public Works. 2. Truck traffic shall be prohibited from entering or exiting from George Washington Highway. All vehicles accessing or exiting the property shall use Dominion Boulevard with an entrance and exit approved as to location and design by the Department of Public Works. 3. The applicant shall install a six-foot chain-link anchor type fence along the perimeter of the excavation area. All gates and other entrances shall be kept locked at all times when not in use. The fence and gate shall be topped with barbed wire three strands in height per construction standards. 4. Haul trucks shall not travel north on George Washington Highway South (Route 17) towards Deep Creek for any purpose. 5. Haul routes shall be limited to George Washington Highway, South (Route 17) to North Carolina and Dominion Boulevard (Route 104) to Interstate Route 64 or the Oak Grove Connector or the Great Bridge Bypass. 6. The applicant shall construct a three-sided cinder block enclosure with a roof to house the pump equipment associated with the dewatering operation. The open side of the cinder block enclosure shall face north away from existing residences as a noise abatement measure.

5 Chesapeake Planning Commission DRAFT October 13, 2010 Public Hearing Minutes 4 7. The applicant shall regularly dampen the entrance roads by use of water trucks as necessary to prevent dust on public rights-of-way. 8. The edge of the excavation area shall not be any closer than 1,000 feet from any residence. 9. The hours of operation shall be limited from 7 a.m. To 7 p.m., Monday through Saturday. 10. The borrow pit shall at no time exceed 40 acres in size. 11. The applicant agrees to pay for No Through Trucks signage on Sign Pine Road, Number Ten Lane and Shillelagh Road, if such signage is deemed necessary by the Director of Public Works. 12. This conditional use permit shall expire upon the date proposed by the applicant for the completion of restoration activities or upon the expiration of seven (7) years from the date of the current expiration date (December 17, 2010), December 17, 2017, whichever is the first to occur. Mrs. Hanson read UP-96-25(Rev 8/10) into the record for Commission review and action. Staff Presentation: Mrs. Hanson stated that based on sound planning practices, Planning staff recommended UP-96-25(Rev 8/10) be APPROVED with the stipulations as listed in the official agenda. COMMISSION VOTE: Commissioner Rowland moved that UP-96-25(Rev 8/10) be APPROVED with the stipulations as listed in the official agenda and as recommended by staff. Commissioner Johnson seconded the motion. The motion was carried by a vote of 8-0. Commissioner Small was excused.

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16 104 LLC Borrow Pit UP-96-25(Rev 8/10) APPLICANT: 104 LLC AGENCY: Allen J. Gordon, Attorney PROPOSAL: Reconsideration of a stipulation associated with an approved conditional use permit for a borrow pit. The stipulation relates to the duration of the borrow pit operation (stipulation 12). ZONE: A-1 Agricultural District SIC CODE: 144 LOCATION: North and east of the intersection of George Washington Highway and Dominion Boulevard TAX MAP SECTION/PARCEL: BOROUGH: Deep Creek 15