Docket Item "D" UP-05-15(Rev 10/12) Flying Sands Borrow Pit

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1 Docket Item "D" UP-05-15(Rev 10/12) Flying Sands Borrow Pit CITY COUNCIL PACKAGE FOR JANUARY 15, 2013 Page 1 2 Application Summary 3 4 Planning Commission Minutes 5 11 Staff Report: November 2, Site Plans 14 Aerial 15 GIS Parcel Exhibit

2 APPLICATION SUMMARY 1 UP-05-15(Rev 10/12) Flying Sands Borrow Pit LOCATION: PROPOSAL: North of Neck Road and East of Battlefield Boulevard South A conditional use permit to allow the haul-back of topsoil and over burden for use as backfill at an existing borrow pit. SUBMITTED: ACCEPTED: STAFF RECOMMENDATION Approval with stipulations HEARING DATE: PLANNING COMMISSION RECOMMENDATION: APPROVAL with stipulations VOTE: 9-0 HEARING DATE: CITY COUNCIL ACTION: CONTINUED TO January 15, 2013 VOTE: 8 0 (de Triquet/Ritter, West excused) ATTACHMENTS Minutes, Staff Report, Site Plan, Aerial, GIS Parcel Exhibit

3 2 APPLICATION SUMMARY UP-05-15(Rev 10/12) Flying Sands Borrow Pit APPLICANT/OWNER: Bridle Wood Farms, LLC Attn: Trent Merritts, Managing Member 5847 Hargrove St Norfolk, VA Members: Bill Gunter Matt Gunter Greg Span Trent Merritts AGENCY: Hoggard/Eure Associates, PC Attn: Mr. C. Raeford Eure 901 Port Centre Parkway, Suite 5 Portsmouth, VA sean@hoggard-eure.com

4 Chesapeake Planning Commission DRAFT November 14, 2012 Public Hearing Minutes 3 UP-05-15(Rev 10/12) PROJECT: Flying Sands Borrow Pit APPLICANT: Bridle Wood Farm, LLC AGENCY: Hoggard-Eure Associates, PC PROPOSAL: A conditional use permit to allow the haul-back of topsoil and over burden for use as backfill at an existing borrow pit. ZONE: A-1, Agricultural District SIC CODE: LOCATION: North of Neck Road and East of Battlefield Blvd. South TAX MAP SECTION/PARCELS: , BOROUGH: Butts Road PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that UP-05-15(Rev 10/12) be APPROVED with the following stipulations: (9-0; Whitted/Bell) 1. The applicant/owner shall provide at least 200 feet of pavement from the point where the proposed access road connects with the public street, per City Code Sec (8)b and in accordance with Department of Development and Permits specifications. The paved access from Station Road must be shown on the revised final site construction plan and revised plan of operation. 2. The applicant/owner shall provide a Phase I Environmental Site Assessment as part of the borrow pit restoration procedure as deemed necessary by the Department of Development and Permits. In the event that excavation activities reveal or indicate that any type of solid waste, contaminated soils or contaminated groundwater exists or existed on the site, the applicant/owner shall be required to provide the City with a Phase I Environmental Site Assessment at the cessation of excavation and prior to commencing restoration. The Department of Development and Permits may require a Phase II Environmental Site Assessment if deemed necessary to eliminate concerns relating to the safe development and use of the property for the proposed recreational or conservation end uses. In the event solid waste or soil or water contamination is found to still exist on the site, the applicant/owner shall perform clean-up and remediation as recommended by the Phase II report or as required by the state, federal or city governments or any agency or department thereof. No portion of the surety bond shall be released, nor shall any restoration activities be permitted, until such time that all such clean-up and remediation is completed.

5 4 Chesapeake Planning Commission DRAFT November 14, 2012 Public Hearing Minutes 3. The site plan required under Section of the Chesapeake City Code shall depict the overburden storage areas. 4. The applicant/owner shall comply with all requirements of Chapter 26 of the Chesapeake City Code. 5. The approved site plan for the borrow pit shall depict a six-foot chain link fence around the entire perimeter of the excavation area. The applicant/owner shall install the fence prior to commencing excavation and shall maintain the fence in good repair until the completion of restoration activities. The fence gate shall be kept locked and secured except when in use by haul trucks and other vehicles necessary to the operation of the borrow pit. 6. This conditional use permit shall expire upon the date proposed by the applicant for the completion of restoration activities or on January 18, 2018, whichever is the first to occur. 7. The applicant/owner agrees that no household waste, construction debris or organic material of any kind will be hauled back to the borrow pit. Mrs. Hanson read UP-05-15(Rev 10/12) into the record for Commission review and action. Staff Presentation: Mrs. Hanson stated that based on sound planning practices, Planning staff recommended UP-05-15(Rev 10/12) be APPROVED with the stipulations as listed in the official agenda. COMMISSION VOTE: Commissioner Whitted moved that UP-05-15(Rev 10/12) be APPROVED with the stipulations as listed in the official agenda and as recommended by staff. Commissioner Bell seconded the motion. The motion was carried by a vote of 9-0.

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16 Flying Sands Borrow Pit UP (Rev 10/12) APPLICANT: Bridle Wood Farm, LLC AGENCY: Hoggard-Eure Associates, PC PROPOSAL: A conditional use permit to allow the haul-back of topsoil and over burden for use as backfill at an existing borrow pit. ZONE: A-1, Agricultural District SIC CODE: LOCATION: North of Neck Road and East of Battlefield Boulevard South TAX MAP SECTION/PARCELS: , BOROUGH: Butts Road 15