DATE:                        June 17, 2002

TO:                 Members, Planning Commission

FROM:           Elizabeth A. Cook, Chief of Planning

RE:                  Smith-Midland, Uses in the Floodplain

SE # 02-CR-24


The applicant is seeking special exception approval under Section 5-2300 of the Zoning Ordinance to allow floodplain uses.  Specifically, the applicant is requesting approval to allow construction of a new acid etching process water treatment system and closure of the existing facility within a floodplain.  The property is located on the southeast side of Catlett Road (Route 28) on Licking Run, in the Midland Service District.

The Planning Commission held a public hearing on this case on May 30, 2002, and voted to postpone decision for 30 days to allow for additional review.  Staff had requested that the applicant provide a special exception plat that clearly identifies the area proposed for the new acid etching process water treatment system.


The applicant has submitted a special exception plat that meets the submission requirements and a reduction of the plat is attached.  Based upon review by the County Engineer's Office, the amount of fill being installed will not affect the floodplain elevation.  Once the Letter of Map Revision (LOMR) is granted by FEMA for the previously approved special exception for fill in the floodplain, SE#01-CR-10, this area should no longer be in the floodplain.  The Zoning Office indicates that based on the new information provided, the applicant has met zoning requirements.


Based on the review by the County Engineer's Office, staff recommends that the Planning Commission forward this special exception to the Board of Supervisors with a recommendation of approval, subject to the following condition:


  • The tops of the acid etching process water treatment system structures shall be above the FEMA 100-year flood elevation, and the tanks shall be water tight below this elevation.  The timing of this condition shall be no later than six (6) months from the date of the approval of this special exception or the approval of the FEMA Letter of Map Revision (LOMR), whichever is earlier.

Special Exception Plat (revised)