SPECIAL EXCEPTION CASE #SE 02-CR-24

SMITH-MIDLAND CORPORATION

OWNER:		Smith-Midland Corporation 5119 Catlett Road Midland, VA 22728

REPRESENTATIVE:		Rodney I. Smith

PROPOSAL:		Obtain 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.

LOCATION:		Southeast side of Catlett Road (State Route 28) on Licking Run, in the Midland Service District.

MAGISTERIAL DISTRICT:		Cedar Run District

PROPERTY I.D. NUMBER AND SIZE:		7900-75-6202-000, (12.82 acres)

CURRENT ZONING:		I-2 (General Industrial)

EXISTING ZONING AND LAND USES OF ADJACENT PROPERTIES
NE	I-2, Conditional		Industrial, outdoor storage
NW	RA and R-1		Agricultural/Residential
SE	I-2		Railroad Tracks/Industrial
SW	I-2		Al-Mara Farms

STAFF PLANNER: Elizabeth A. Cook/Jennifer Kilanski

Background

The subject property is the site of the Smith-Midland Corporation, a concrete products operation located along Licking Run in the Midland Service District. The property consists of approximately 12 acres, with five structures and outdoor storage areas. The specific area of the parcel, which is under this special exception request and delineated by the applicant, totals ±0.15 acres (6336 square feet). This area currently has two existing ponds. According to the current Flood Insurance Rate Map 510055, panel 400, dated November 1, 1979, the area is located within Zone A, or the 100-year floodplain. In February of 2002, the Board of Supervisors approved a special exception for fill in the floodplain in a different area on this site.

STAFF AND AGENCY REVIEW

Staff and appropriate referral agencies have reviewed this request for conformance with the Comprehensive Plan, the Zoning Ordinance and other relevant policies and regulations. An analysis of these referrals and the actual comments from the appropriate agencies are included as attachments to this report.

Discussion

This special exception request is a result of a State Water Control Board Enforcement Action, Special Order By Consent, issued to Smith-Midland Corporation on December 17, 2001. The order requires that Smith-Midland construct a new acid etching operation process water treatment system to resolve violations of the State Water Control Law and Regulations. Smith Midland is to install concrete structures for the process water system and fill the existing ponds. This area is entirely within the FEMA designated floodplain.

It is the opinion of the County Engineer's Office, that when FEMA grants the Letter of Map Revision (LOMR) that Smith-Midland is required to submit under SE01-CR-10, condition #4, this area will no longer be in the FEMA designated floodplain. Under condition #4, Smith-Midland must submit the Conditional Letter of Map Revision (CLOMR) by August 19, 2002 and the LOMR within 90 days of the completion of the channel improvements.

Recommendation

Staff recommends that the Planning Commission defer action to allow the applicant time to submit a plan conforming to the provisions of Article 5-011 of the Zoning Ordinance. If the applicant receives FEMA approval of the Letter of Map Revision (LOMR) and it shows that this area is not in the floodplain, this special exception for the applicant's site will no longer be a requirement.

Attachments

1. Staff Analysis

2. DEQ cover letter

3. Zoning Review

4. Health Department Review

5. Map 1, Map 2, Map 3