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allows the proposed excavation activity but only in accordance with the <br />special conditions of the LDRs that apply to mining proposals. In regard to <br />the LDRs, the proposal faded to meet the following requirements: <br />A Traffic regulation 952.12(2)(a) and (g) [see attachment #4] permits <br />only one ingress/egress driveway for projects unless public works <br />permits more than one such driveway based upon parcel size, trip <br />generation, road frontage, and other design considerations. The <br />County Traffic Engineer of the Public Works Department determined <br />that the project's 3 proposed ingress/egress driveway connections to <br />the project site area (2 connections to 99' Street and 1 connection to <br />CR 507) are not justified and do not meet 952.12(2)(a) and (g). <br />B. Specific land use criterion (for mining) 971.22(1)(b)3. requires that <br />all requirements of Chapter 934 (excavation and mining regulations) <br />must be satisfied, and section 934.07(1) requires that all section <br />971.22 specific land use criteria for mining be satisfied. Because <br />section 971.22(1)(b)4 is not satisfied (see discussion below), neither <br />section 934.07(1) nor 971.22(1)(b)3 is satisfied. <br />C. Specific land use criterion (for mining) 971.22(1)(b)4 requires that <br />the proposed project have direct access to either a collector or arterial <br />roadway, or to a local road that serves only non-residential uses. The <br />proposed project does not have direct access to a collector or arterial <br />roadway. The site has frontage on two local roads (101a Street and <br />99'h Street), and on a collector road [CR 507 (Babcock)]. The <br />proposed access to CR 507 is not direct. Rather, it directly accesses <br />99' Street and then continues to CR 507. Such access is not direct in <br />regard to CR 507. Thus, there is no direct access to a collector or <br />arterial road. <br />In addition, the proposed direct access to 99'h Street violates the <br />971.22(1)(b)4 prohibition of accessing local roads that serve <br />residences. Ninety-ninth Street clearly meets the LDR definition of <br />"Road, local" (see attachment#5) and does serve residences that are <br />located immediately east of the project site. Thus, 99f° Street cannot <br />be used as the project's access, since it is a local road that serves <br />residential uses. Therefore, the application fails to meet the <br />requirements of 971.22(1)(b)4. <br />As noted in staffs report to the Planning and Zoning Commission, Chapter <br />934 requires that the project's onsite haul road be located at least 300' from <br />the nearest residence. Because the subject site is surrounded by many <br />residences, there is no point along the 38 acre site's CR 507 frontage that can <br />meet the 300' separation requirement. Consequently, the applicant has <br />proposed to access CR 507 further south where the 300' setback can be <br />satisfied. However, moving the driveway south requires a connection to 99th <br />Street which, as explained above, fails to meet access requirements. <br />November 7, 2000 <br />168 <br />BK 115 PG 877 <br />