PUBLIC HEARING AGENDA REQUEST

Owner/Applicants:                                            Board of Supervisors Meeting Date:

Smith-Midland Corporation, Owner/Applicant                                October 20, 2003

Staff Lead:                                                                                      Department:

Charles A. Floyd                                                                    Community Development

Magisterial District:                                                                               PIN:

Cedar Run                                                                                      7900-75-7124-000

Topic:  A Resolution Approving SPEX04-CR-005: A Category 23 Special Exception
To Allow For A Time Frame Extension For Six (6) Months On SE01-CR-10, Smith-Midland Corporation, Owner/Applicant

Topic Description:

The purpose of the request is to extend the performance time frame contained within the Applicant’s Special Exception conditions approved in February of 2002.  Condition 3 of the original Special Exception stated “that within eighteen (18) months of approval date, the applicant shall remove the existing low water crossing and replace it with a bridge structure that spans Licking Run.”  It also said that “the applicant shall obtain a Conditional Letter of Map Revision (CLOMR) from the Federal Emergency Management Agency within six (6) months of the approval date.” See Attachment 1.  The applicant is requesting an extension of six (6) months so that total compliance with SE01-CR-10 can be accomplished (Attachment 2).

Adjacent Zoning/Land Use:  

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

 

Requested Action of the Board of Supervisors:

Conduct a public hearing and consider adoption of the attached resolution for approval.

Planning Commission Action:

On September 25, 2003 , the Planning Commission held a public hearing and recommended approval of SPEX04-CR-005, subject to the following conditions:

1.      Within six (6) months of the approval date of this extension, the applicant shall remove the existing “low water crossing” and replace it with a bridge structure that spans Licking Run.  The span shall be built in accordance with all applicable federal, state, and local regulations to specifications approved by the County Engineer .

2.      The extension shall only be granted once, for a period of six (6) months.

Staff Analysis:

As shown on the following location map, the subject property is located on the southeast side of Catlett Road (State Route 28) on Licking Run, in the Midland Service District.  The property consists of approximately 12 acres, with several structures and outdoor storage areas.  The property is entirely zoned Industrial-2 (I-2).

Location Map

Currently, the applicant has satisfied conditions 1 & 2 of SE01-CR-10.  The Conditional Letter of Map Revision (CLOMR) was issued by FEMA on September 11, 2003 , thus satisfying condition 4.  The applicant is diligently working to comply with condition 3, but the time deadline has expired.  The applicant has applied for all the necessary permits with DEQ and the Marine Resources Commission.  However, these applications are still in the review process, and final approval is forthcoming.  Staff is recommending that the extension be granted for a period of six (6) months to allow the applicant time to fully comply with the conditions of SE01-CR-10.  This (6) month period should be sufficient time for completion.  Staff further recommends that this extension only be granted once.

Attachments:

1.      February 2002 Board of Supervisors’ Staff Report and Approval Resolution

2.      Applicant’s Statement of Justification