HomeMy WebLinkAbout07-12 Applicationy
REZONING APPLICATION; #07-,12
�41GK CMG CARMEUSE NA, CLEARBROOK and
w° y; FREDERICK COUNTY PARKS & RECREATION'
Staff Report;for ahe Board of Supervisors
Prepared:; D'ecember•4, 2012;
Staff Contact; 1Vlichael T. Ruddy, AICP, - Deputy Planning, Director.
1718 - _
Reviewed Action
Planning ;Commission: 10/17/l•2° Recommended approval
-•
Board.of Supervisors: 12/12/12. Pending
PROPOSAL: To revise the proffers associated with.Re'zoning;RZ #01 -11: The revision relates to the
".Site Development" section{of the ?proffers, specifically,$ectibn 2.2,. arid the timing of planting;of
the landscaping buffer�adjaceritto those�areas currently leased'and�used.by Frederick;County as.a park
and citizen's convenience center':
LOCATION; The properties, with addresses.of 5,08 Quarry Lane; 3'004'Martinsburg Pikeufid 3180
Martinsburg P,=ike; are :located• on the east side of Route 11 between "th, ntersect ons of B'ruce'town Road
(Route -672) and Walters Mill Lane; (Route 836).
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 1,242/12" .BOARD OF
SUPER _ -
- "r VISORSaVIEETINC:
o
The PlanningCommission,voted unanimously'to reco±mmend,approval of revised proffer.
T,he purpose ofthis application is toquest a,minorproffer revisionao ensure�thata confliet,does not'.
exist m the,interpretation,4Ille Proffer: Statement,,Section 2.2 More'spec 'f call"; the proffer language
revision would allow the Ap -f icantAhe ability to delay.the installation of the proffered buffer identified
m Ekhibit2,until one year after Carrneuseterminates�its .agreemenfw th Frederrek County fo "r the use of
the Teased area.
"Exhibit 27,, as revised, , identifies. the; "Delayed `Landscape :Berm: Buffer" area with a red dashed line.
Fredenck'County currently eases approximately eleven acressof the - previously rezoned property as part
of a.
'Jon gstanding agreement°with the quarry- The• entry and access road for Clearbrook Park -;and the.
Frederick. County's Citizen.'s" Convenience Center, and. mulfiple parking. spaces for, patrons. of
Clearbrook Park ;, ;e ld potentially.be impacted by the installation of the•berm,prior`to the conclusion -of
the County's use .of the'leased property.
E In'the original, rezoning, the; Applicant proffered' `,to plant trees in the Jocation,identified on .Exhibit 2.
within one year. from thel date lof, if f& zoning approval: Strict; interpretation of the Proffer would ,set
December 14, 20'12 asthe, date the, buffer and landscaping installat'ion.would have to be completed.
Ah parties; are n are-00 to the modification. Staff would support the, minor revision to the. proffer
statement.
Following the required publrc.'meeting,• a.deeision regarding this rezoning application by the
Board��of Supervisors would be ;appropriate. The applicant• should be prepared to adequately
address all, concerns raised by the Board •of Supervisors.
This report is prepared by the' Frederkk County Planning Staff `to:.peovide information to -the
Planning,Commission and'the Board of Supervi's'ors; to gAHt thgm. n,mak ng a• decision on th;h
•application. It' may olso b'e,, useful ,to others interested ,iri this zoning matter. Unresolved' issues
concerning this appI tion:.arernoted y,siaff where edewant throughout this staff report.
Reviewed .,Action
Planning:CommisMow, 10/17/42 Recommended' approval
`Board of S.uperuisors; 12/1;2/1`'2 Pending
PROPOSAL: To revise the�proffers.associated with Re2oning,RZ- 41-11. The; revision relates to the
Site Development" section of the proffers, specifically, Section 2.2 and the timing, of the p ant ing,of
the landscapitig`bufferadjacent to, those +areas.currentlyleased,and usedbyFrederick County as�apark
and citizen';s convenience, center: -
LOCATION: The properties, with adOresses,of 50.8 QuarryELane„ 3004, Nlartinsburg Pike and 31,80
Martinsburg Pike, are•located'betweenthe intersections of Route 11 With Brucetown,Road.(Route 672)
and Walters M.il'1 Lane (Route 83.6`), „
.MAGISTERIAL DISTRICT: Stonewall'
;PROPERTY ID NUMBERS: - 4r4 -A 83; 44 -A43A and 33 =A 144 ,.(portion of (see exhibit))
PROPERTY ZONING t-M (Extractive Manufacturing) District (RZ #01 -41)
PRESENT:USE' Vacant ,Agricultural %Residential /Park
AADJOINING.PROPERTY,ZONI.NG:,& °: PRESENT USE:
North:,
RA (Rural Areas);
U'se:,
Clearbrook-Tark,
Sbuth'
RA ,.(Rural Areas)
Use:.
Residential /Agricultural,
:East •,
E_1VI (Extractive Manufacturing
Use:,
Quarry
West::
RA ,(Rural, Areas)
use:'
School /ResidentialNacant /Fairgrounds
Rezoning #07 =12 Garmeuse NA — Clearbrook, Parks &; Recreation Rezoning
D`ecember`4, 20'1'2
Page :3.
Planning &,Zoning:
1`} Site History
The original Frederick County�zoning map,(U ;$.G:S.;Inwood /Stephenson Quadrangles) identify
•thesubj`ect,parcels as beinguzoned:•A -2 (Agrieul'tural General). The :County's agricultural zoning
districts were, subsequently.combined to form the =RA (Rural.Areas) District upon adoption of an.
amendment to the Frederick .County Zoning.Ordinance•on May 10, 1989. The corresponding
revision of the zoning &map.resulted in the re- rnapping:,of the subject property-and all other A -1
and A 2°zonedland o' the RA District.
The balance of parcel 3,3 7A7144 not zoned RA was zoned EM during the County's
comprehensive downzoning RZ #:13- 80Fcompleted °in 1980. The most- recent rezoning from RA
to EM,in the vicinityof this property occurred- with, RZ #010 -9.8 when W.S. Frey rezoned 31.74
acre& at the southern .end of `their property. Numerous, adjustments to the boundaries of the
parcels in this area have occurred in recent years. As, part, of the,, most recent rezoning; the
1 applicant provided a plat which.depicts a zoning boundary within parcel 33 -A -1.44. This.line
appears to, accurately- reflect the existing, boundary of the 'EM zoned land. The County agreed.
that the location identified on the plat resolves, any,ambiguity as to the .zoning boundary.
The ,.previous rezoning, RZ #0`1 -11, rezoned 92 acres from RA (Rural Areas) District to EM
(Extractive, Mariufacturing) District,..withproffers. r
2) Comprehensive Policy. Plan
The 2030 Comprehensive Policy Plan 'is an official public document that serves as the
community's.guide for making decisions regarding develop ment,,preservation, public facilities`
y p _... ; y p'
. .arid other ke com orients Hof community life: The rima , •goal, of this plan is to protect and
improve the ,living environment within Frederick County. ,It is in essence: a composition of
policies used to plan for the: future physical development ofTrederick County.
3) Proffer Statement — Or'iginal dated'February 8, 2011 (Revised September28, 2012)
p
A) Allowed Usest
No 'change.
B) Access Management_ and'Transportaton.
No change .
Rezoning #07 12 `CarmeLik NA — Clearbrook,'Parks & Recreation Rezoning
December 4,.20 12
Page 4
C) Site Development:
Proffer 2.2' has'been modified to `allow the Applicant to delay their compliance
with-the, terms of .the .Proffer to within. one year' of the termination of the
agreemenVallowing for the uses between• r.ederick County and'the,Applicant the
park_ and citizens convenience center: 'Exhibit,2 has been, revised to identify the
location where ;the Jandscaped. berm 'buffer maybe delayed. The Applicant shall
install. the- balance of the buffer and landscaping as previously proffered and as
depicted on Exhibit' 2.
D) Mitigating the Impact 'of Development:
No change
STAFF CONCLUSIONS FOR THE .10/17/12 PL' ANNING COMMISSION MEETING':
The purpose, of this application- is.toyequest aminor profferrevisionto ensure that a conflict does not
exist "in the interpretation of the Proffer Statement, Section 2:2. More specifically, the proffer language
revision would allow the Applicant the ability to,delay, the4 instal lationtof the proffered buffer identified
in Exhibit 2 until one year after Carrneuse terminates its agreement with Frederick County`for the use of
the leased area.
"Exhibit 211, as revised, identifies, the "Delayed Landscape Berm Buffer" area with a red dashed line.
Frederick County currently leases ..approximately eleven acre "s.of the previously rezoned property asrpart
of a longstanding, agreement with the quarry.- The entry and access road for Clearbrook Park and the
Frederick County's Citizen.'s Convenience Center,. ,and multiple parking spaces for patrons of
Clearbrook Park could potentially be�impacted by installation. of the-: berm prior to the conclusion of
the County's use of the leased' property
In the original rezoning, the Applicant proffered to plant trees in the Jocation identified on. Exhibit 2
.within one-year from` lie date of'ihe. zoning approval. Strict interpretation oflhe :Proffer would, set
,December 14, 2012 as-the, date,- the buffer and landscaping installation would have to be�completed.
All parties are in agreement to themodification. Staff `would, support the minor revision to the proffer
statement'.
PLANNING COMMISSION ,SUMMARY AND ACTION OF THE 10/1'7/12'. MEETING:
No issues of 'concern were: raisod by the Planning Commission to this proffer revision and members
believed the revision was appropriate. 'There were no citizen comments.
Rezoningl #07,t2.C4rmeuse,NA- Clearb "fook Parks,& Recreafion:Re2oni'ng.
'Decem6e"r 4, 2012 d
Page 5
" A, Commissioner ,suggested- theEapplicant also be exempt from •Proffer 6.1, Traffic' , which pertains to
the prohibiting 'of entrarices for vehicular taff c on Route 11, °while the site is being used. bythe
D.eparthient of'Parks °& Recreation. The'existing entrance on Route. l I to the landfill :convenience: site
f ard,the baseball diamond were mentioned. Staff agreed it'would be•appropriate, imply,for clarification
purposes; altliough'it is not iWilie proffer revision being discussed.
Mirieral dLb /a% Carmeuse. L me ' &- -Stone and Fredera k C e< approval of _.Rezoning #07 -.12� of .O -N
Y
. ounty .Parks. & Recreation, Department to
" F
revise proffers associated with Rezoning #01- .11,'specifically as it relates .to; 'Section•2.2.of the proffers,
Site Development The Planning Commission's motion,and vote also included the, recommendation
that'the.applicant be exempt from proffer'Se'ction 6.,1, Traffic, as long•as there.:is a lease enabling Parks
Recreation to utilize the park:arca., .This exemption_recognize§lhe existing entrance from Route 1 l
into the`landfill convenience site -and baseball park:
(Note: Comm iss ion erCrockett was absent from.the meeting; Comm issioner',Ambrogi. was absent for
'this vote.) .
34 A 11
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M2 (Industrial, General District)
MH1 (Mobile Home Community District)
MS (Medical Support District)
*Ww OM (Office - Manufacturing Park)
R4 (Residential Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Area District)
RP (Residential Performance District)
REZ # 07 - 12
Note:
Frederick County Dept of
O -N Minerals d/b/a Carmeuse Planning & Development
Lime and Stone
107 N Kent St
Suite
Suite 202
and Frederick County
Winchester, VA 22601
Parks and Recreation
540 - 5 -5651
Map Cr
Map Created: October Ol, 2012
PINS:
Staff: mruddy
44 - A - 83, 44 - A - 83A,
33 - A - 144 0 0.125 0.25 0 .5 Miles
COUNTY of FREDERICK
Pitrks and Recreaflon Dcpartment
540 - 065` -S678 .
FAX: 540 -665 -9687
e-,Mail: I'pi-d('et co. frcderick.ra.LIS
Carmeuse C-learbrook Proffer Amendment
Exih'bit #,2 Buff. er .Clarification
Since 1975 Frederick County has Teased approximately eleven.acres'to provide baseball and "softball
fields and parking at Cleabrook, Park as a part of a longstanding agreement between various quarries,
currently Carmeuse Lime and Stone.
The above acreage is part of•a recent rezoning approved by the Board of Supervisors on December 14,
2011. As per strict interpretation of section 2.2 of the proffer statements accompanying this rezoning,
Carmeuse. Lime and _Stone will begin landscaping'by December•14„ 2012. of the property identified in,
exhibit #'2 „which includes the entry and access road for Cleabrook,Park and Frederick County citizen's
convenience,center, and multiple parking spaces for.'Cleabrook Park, patrons:, Both�der ck County and
Carmeuse Lime. and Stone are; in agreement,landsca ping, in the area leased by Frederick County should
be delayed to enable the continued,use of Frederick County facilitiespursuant the above mentioned
lease.•
To avoid potential confusion regarding the interpretation of the proffer statement, the attached
amended proffer statement would delay.the landscaped berm at'the identified:areas in the. revised
exhibit # 2 until one year.after Carmeuse Lime and Stone terminates its agreement with.Frederick
County for the use of the leased -area. This�would enable Frederick County to continue to utilize all
parking areas and the access ;road'f&Clearbrook Park and the Frederick County citizen's convenience
center.
107'North Kent Strect
Winchester VA'22 60I
AF�MMAO ft,fe .t1Y EEtd$ m sz PLm7Eo wr" TREES
UP(A O=Wnam cr 1304im6 PiT, ca
MIBM r"a VaW &W^34 LFF. MFFW AREA
TO BE HANTAINED,70 ME EMOOT, PPACTMASif
TFa TED MTW.
APF91M WTHDO OW NEAR OF REZONM,APPROVAI- PUR PPOFFM
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VEM�SVVA& LET APFMIL,10 S.'HUZff
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The following J orhiation s .hall be provided by the applicant.•
All parcel, identification:numbers, deed book.andpage numbers may obtained from the Office of
the Commissioner of Revenue .Real E sta. te,Division 107 North Kent. Street, Winchester.
1. Applicant: O -N` Minerals (Chemstone) Company
d/b /a Carmeuse Lime & Stone.
Address: 1.1 Stanwix, Street, 21St Floor
Pittsburgh, PA 15222 Telephone: 412 -638- 1'5811
Applicant: Frederick County Parks & Recreation Department
Address: 107 North Kent Street
Winchester-,: VA 22601 Telephone- 540 -665 -5678
2. Property Owner (if different: than above):
Name: O -N Mineral's (Chemstone) Company d/b/a. Carmeuse Lime & Stone
Address: 11 'Stanwix Street; 21't, Floor
Pittsburg, PA, 15222,
Name: Frances G..Martin as holder of life estate interest in.parcel 44 -A -83'
Address, 3004 Martinsburg Pike
Stephenson; VA 22656
3. Contact person ifbther than above:
Name:: Thomas Moore, Lawson,, Esq. Telephone, 540-665,0050
Jason Robertson, Parks & Rec. Director Telephone: 540- 665 -5678
12
4. Propertyjnformation:
a. Property Identification Number(s): 44 -A -83 44- A-- 83A,arid 33 -A -144 (portion oD
b. Total acreage to be rezoned: 92 acres
c. Total, acreage of the parcel(s) to be,rezoned (if the entirety -of the parcel(s) is.not
being rezoned)
d. Current zoning designation(s) and acreage(s) it each designation:
'ENI (Extractive Manufacturing) - 'Rezoning #01 -11
e: Proposed - zoning. designation(s) and acreage(s) ,in each designation:
EM with (Extractive Manufacturing) Modified Proffers
f Magisterial District(s) " `Stonewall
5. Checklist: Check the following items that have been included with this application.
Location map Agency Comments
Plat Fees
Deed to property Impact Analysis Statement
Verification, of taxes paid Proffer Statement
Plat depicting exact,meets and bounds for the proposed zoning•distriet.
Digital .copies (pdf s) of all submitted documents,, reaps and exhibits,
6. The Code of Virginia allows, us to request full disclosure of "ownership _in relation to
rezoning ;applications.
Please, list below all. owners or-parties- in interest of the" land to be rezoned:
,O -N Minerals (Chemstone) Comp d/b /a/ Carmeuse Lime & Stone
Frances G Martih,,as holder of the estate interest in parcel 44 -A -83
7. Adj_oining'Property:
PARCEL ID NUMBER USE ZONING
See attached
8. Location: Thepr_operty is orated at.(
8. based on:ne_ arest road and distance.from
nearest intersection, using road names> and route numbers):.
508 Quarry Lane (that portion not currents zoned EM) 3004 Martinsburg Pike and 3,480
Martinsburg Pike. 'The subject parcels are located between the intersections of Route 11 with
BrucetoWh- Road LRoute 672) and with Walters Mill Lane, (Route 8361.
13
4. The following information should be provided according to the type of rezoning
proposed:
Number of Units Proposed
Single Family'homes:' 01 Townhome: '0 Multi= Family: 0
Non- Residential`Lots: 1 Mobile Home: 0 Hotel Rooms: 0
Square Footage of Proposed Uses
Office: 0 Service Station: 0
Retail., 0 Manufacturing: 0
Restaurant: 0 Warehouse: 0
Commercial: 0 Other: 55.2 acres— quarry operations
10. Signature:
I (we), the undersigned, do.fiereby respectfully.make application,and petition the Frederick
County Board of Supervisors to amend the zoning ordinance and to change the zoningmap
of Frederick County, Vifginia. V(we) authorize Frederick County officials to enter the -
property for site inspection purposeIs.
I (we) understand thattheAgn'issued when this application is submitted must be placed at
the front property.line aVleast seven days prior to�the Planning Commission.publichearing '
and the Board of Supervisors public hearing and maintained so as to be visible from the road
right-of-way until the hearing.
I (we) hereby certify that this application and its accompanying materials are true and,
accurate to the best:of my (our) knowledge.
Applicant(s): Date:
Fred'' ickCounty;l'ares ;Kecreauon Department
Date:
O -` N.A nerals (Chemstone) Company d/b/a Cnnneuw Umc • Stone,
Owner(s): Date:
D iJ Minends (Chamtonc) CompmyWeCarmeusa I i & Stone
Date:
14
Adjoining Property Owoers
Owners of property adjoining the land will be notified of the Planning Commission and the Board
of Supervisors meetings. 'For the purpose of this :application, ,adjoining property is any property
abutting -ihe requested, property -on .the side or `rear or any property, directly across a public
right -of -way, a private right -of. way; or a watercourse ,from th'e requested property. The
applicant is required to obtain the 'following information on each adjoining property including the
parcel identification number, which may be obtained from the office of 'the Commissioner, of
Revenue: The Commissioner of the Revenue is located -on the 2nd floor of the Frederick County
Administrative Building, 10 North. Kent Street.
Name
Address,
Property Identification Number (PIN)
Name:
County of Frederick
107 N. Kent�Street
Property*
33-A-1 62A
Winchester, VA 22601
Name::
County of Frederick
107 N'. Kent Street
Property #.`
33 -A -1628
Winchester, VA 22601
Name:
Kesari Third` Generation LLC
1 1499 White Oak Ct
Property. #:
33- A-164B
Hemdon, VA 20170
Wampler Jack,K Sr,& Jack K Jr P/A
Name:
Wamplers Mobile Homes
2648 Martinsburg Pike
Property #;
33- A =164D
Stephenson, VA 22656
Name:
Richardson Kimberly Dick John Franklin
107 Cotswold Court
Property °.#:
33 A 1,64E
Stephens City, VA 22655
Name:
Frederick Land, Company LC'
893 Clubhouse Road
Property #:
33 -A -166
York, PA 17403
Name:
Frederick Land Company LC .
893 "Clubhouse Road
Property #`
34 7A -20
York,. PA 17403_
Name:
White' Harry S. Jr.
385.Back Mountain Road
Property - #:
34-A ,- 241D
Winchester, VA 22602
Name:
Fredbridk'County Fair clo. Chester Lauck
167 Fairground Road
Property
44- A -77,A,
Clearbrook, VA 22624
Name:
Stonewall District Ruritan c/o Joseph Hulver
1023 Redbud Road
Property #:
44A-8f
Winchester, VA 22603
Name
Frederick County School Board
'PO. Box 3058'
Property, #:
44-A -82,
-Winchester, VA 22604
Name:
Umbenour'Max °J & Margaret
11!5 Walters. Mill Lane
Property. #:
44-A -84
Stephenson,; VA.22656
Name:;
Bachmann Jane'Brumback
137 William Richmond
Property #;
44 -A -95,
Williamsburg, VA 23185
Name:
Frederick-Land Company LLC
893 Clubhouse'Road
Property #:
44-A-96
York, PA 17403
15
Name
Address
Property. Identification Number'(PIN),
Name,,
Roberts Gregory G.
1.30 Tatanka Lane
Property #:;
44- A -96A,
Stephenson, VA 22656
Name:
Cutshaw Alan W & Susan J
P.O. Box 133
Property*
44 -A -96C
Stephenson, VA,•22656
Name-:'
ame"
Frederick Land. Company LLC
'893 Clubhouse Road
Property #:
44- A -.9.6D .
York „IPA 17403
Name:
Frederick' Land Company LLC
893 Clubhouse Road
Property #:
44 -A -97
York, PA 17403
Name.:
Anderson Mark D & Cheryl L
1.419 RamseurLn
Property #:
44 -A -100
Winchester, VA 22601
Name:
Gray Mark'T, Gray Tina, M
611 Walters Mill Lane
Property #:
44 =A -103
'Stephenson;, VA 22656
Name:
Williams�Gregory H P.O.
Box 443
Property #:
44 -A -1,06
Stephenson, VA 22656
Name:
London'RoyAlfred Ill
31,72 Martinsburg Pike
Property#:
44A -1 -1
Clearbrook, VA 22624
Name:
Rudy Glenn B
621 Tennyson Avenue.
Property ' #:
44A -1: -2
Winchester, VA 22601
Name:
Hedrick David R. &,Sandra.L:
31'54 Martinsburg Pike
Property. #:,
44A -1 -3 _
Clearbrook, VA22624
Name:
Cornwell-Clarke Tina
3144 Martinsburg Pike
Property 9:
44A -1 -4
Clearbrook, VA 22624
Name:
Myers Lolita L.
3134 Martinsburg Pike
Property#
44A -1 -5
Clearbrook, VA 22624
Name:
Bly Kenneth L. & Joy A.
3126: Martinsburg Pike
Property. t
44A4 -6
Clearbrook, VA 22624
Name:
SK Associates' Inc.
114991Nhite'Oak-Court
Property #!
44A -1 -7
Herndon; VA 20170
Name:
Clemons. Richard Lee & Mary D
3106 Martinsburg .Pike
Property*:
44A =1 -8
Clearbrook, VA 22,624
Name:
Butts Joseph L. &,Sylvia P.,
3096 Martinsburg Pike
Property #:
44A71,-9.
Clearbrook, VA 22624
Name:,
Payne Marion D'. Jr.
3086 Martinsburg Pike
Property #,:
44A -1 -1,0
Clearbrook, VA 22624
Name:
Frederick Land Company LLC
893 Clubhouse .Road
Property #:
45-A:4
York, PA 17403'
Name:
CartecRobertW
827. Gun Club Rd
Property;#
45 -A -8
Steph,enson,.VA 22656 .
Name:
Anderson Mark•D
1419 Ramseur Ln
Property #:
45 -A -8C
Winchester, VA 22601
16
April 18; 2012
Carmeuse Lime and Stone
ATTN: Mr. James Bottom
508 Quarry Lane
Clear Brook, VA 22624
0 .
COUNTY' oa':FREDERIC,K
Parks and Recreation Department
540-065-56 78
FAX: 540 - 665 -96,87
e- nail: icprd(u co.frederick.va , uS
COPY
Dear Mr. Bottom:
Recently we met and discussed some concerns regarding the proffers :associated with the..rezoning of
[and currently utilized for ball'fields-at,'Oear.brook Park. These proffers were approved in December.
2011 and require the planting of•trees- within the area that-is 25 feet "or less'frorri the.property line along
Route 11.
As we discussed, planting trees on the%property currently used for ball -fields 4and parking will reduce the
amount of,parking;available for the Ciearbrook Park, ball fields which have been generously leased to the
County for use by'the_Parks and Recreation Department. In the best interest of the Clearbrook Park ball
field and park patrons-,we are. requesting C armeuse submit':a proffer _amendment which would
postpone, planting trees in the area leased to the County until, a' fixed`time after Carmeuse requests the
County vacate the land and relocate the.ball fields.
Please advise if Carmeuse is willing to "submit a revised proffer. We'appreciate Carmeuse's support of
the Parks and Recreation Department.
Sincerely,
Jason Robertson
Director
cc-,' MarkiCheran, Zoning and Subdivision Administrator
107 North Kent S;trcct
Winchester. UA 22601
REZONING APPLICATION #07 -12
CARMEUSE NA, CLEARBROOK and
FREDERICK COUNTY PARKS &. RECREATION_
Staff Report for the Planning Commission
Prepared: October 1, 2012
Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director
Reviewed
Planning. Commission: 10/17/12
Board of Supervisors- 11/14/12
Action
Pending
Pending
PROPOSAL: To-revise the proffers associated with Rezoning RZ #01 -11. The revision relates to the .
"Site Development" section of the proffers, specifically; Section 2.2 and the timing of the planting of
the,landscaping buffer adjacent to those areas currently leased and used by Frederick. County as.apark
and citizen's convenience center.
LOCATION:. The properties, with addresses of 508 Quarry'Lane, 3004 Martinsburg Pike and 3180
Martinsburg Pike, are located.on`the east side of Route 11 between the intersections of Bruce_town Road
(Route 672) and Walters, Mill Lane (Route 836).
EXECUTIVE SUMMARY - & STAFF CONCLUSION FOR THE 10/17/12, PLANNING
COMMISSION MEETING:
The purpose of this application is to request a minor proffer revision to ensure that a conflict does not
exist in the interpretation of the Proffer Statement; Section 2.2. More specifically, the proffer language
revision would allow the Applicant the ability to delay the installation of the proffered buffer identified
in Exhibit 2 until one year after Carmeuse terminates its agreement with Frederick County for the use of
the leased area.
"Exhibit'.2 ", as revised; identifies the "Delayed Landscape Berm Buffer" area with a.red dashed line.
Frederick County currently leases approximately eleven acres of the previously rezoned property as part
of a longstanding agreement with the quarry. The entry and access road for Clearbrook Park and the
Frederick. County's Citizen's Convenience Center, and multiple parking spaces for patrons of
Clearbrook Park, could potentially be impacted by the installation of the berm prior to the conclusion of
the County's use of the leased property:
In the original rezoning, the Applicant proffered to plant trees ,in the location identified on Exhibit 2
within one year from the date of the zoning approval Strict interpretation of the Proffer would set '
December 14, 2012 as the date the buffer and landscaping. installation would have to be completed.
All parties are in agreement to the modification. Staff would support the minor revision to the proffer
statement.
A recommendation regarding this rezoning application to the Board of Supervisors would be
appropriate. The applicant should be prepared to adequate&, address all concerns raised by the
Planning Commission. ; .
Rezoning #07: -12 Carmeuse NA — Clearbrook, Parks & Recreation Rezoning
October 1, 2012
Page 2.
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist there in making a decision on this
application. It may also be useful to others .interested, in this zoning matter. Unresolved_ issues
concerning this application are noted by,staff where relevant throughout this staff report.
Reviewed Action -
Planning Commission: 10/17/12 Pending
Board of '-.Supervisors: 1'1/14/12 Pending
PROPOSAL: To revise the proffers associated-with Rezoning RZ #01 -11. The revision relates to the
"Site Development" section of the proffers, specifically, Section 2.2 and the timing of the planting of
the landscaping buffer adjacent to those areas currently leased and used by Frederick County as a park
and citizen's convenience center.
LOCATION: The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180
Martinsburg Pike, are located between the intersections of Route 11 with Brucetown Road (Rout_ e,672)
and Walters Mill Lane (Route 836):
MAGISTERIAL DISTRICT: Stonewall -
PROPERTY ID NUMBERS': 44 -A -83, 44 -A -83A and 33 -A -144 (portion of (see exhibit))
PROPERTY ZONING: EM (Extractive Manufacturing) District (RZ #01 -1;1)
PRESENT USE: Vacant /Agricultural /Residential /Park
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) User Clearbrook Park
South- RA (Rural Areas) Use: Residential /Agricultural
East: EM (Extractive Manufacturing Use Quarry
West; RA (Rural Areas) Use: School /Residential /Vacant /Fairgrounds
°Rezoning, #07 -12 Carrrieuse NA — Clearbi ook, Parks & Recreation Rezoning
October 1, 2012
Page 3
Planning & Zoning:
1) Site.History
The original Frederick'County zoningmap (U.S:G.S. -Inwood/Stephenson Quadrangles) identify
the subject parcels as being zoned A -2 (Agricultural General). The County's agricultural zoning
districts were subsequently combined to form. the RA (Rural Areas) District upon adoption of an
amendment to the Frederick ,County Zoning Ordinance. on May 10, 1989. The corresponding
revision of the zoning;map•resulted in'the re- mapping of the subject property and all other A -1
and.A -2 zoned land to the RA District.
The balance of parcel -33 -A -144 not zoned RA was zoned. EM during the County's
comprehensive ,downzoning;RZ #13 -80 completed in 1980. The most recent rezoning from RA
to EM inthe vicinity of this property occurred with RZ #.010 -98 when W. S. Frey rezoned 31.74
acres at 'the southem.end of their property. Numerous adjustments to the boundaries of the
parcels .in this area have occurred in •recent, years. As ;part of the most,-recent. rezoning, the
applicant provided a plat which depicts a zoning, , boundary•within parcel 33 -A -144. This line
appears to accurately reflect the; existing boundary of the EM zoned land. The County agreed
that the location identified, on the plat resolves any ambiguity;as to the zoning boundary.
The previous rezoning, RZ #01.4 1, rezoned :92 acres from RA (Rural .Areas) District to EM
(Extractive Manufacturing) :District, with proffers.
2) Comprehensive Policy Plan
The 2030 Comprehensive Policy Plan is an official public: document that serves as the
community's,guid`e for.,making decisions -- regarding development, preservation, public facilities
and other key components of community fife. The primary .goal, of this plan is to protect and
improve the living environment within Frederick County. It;is in essence a composition. of
policies used to plan. for the future physical development of Frederick County.
3) Proffer Statement — Original dated February 8, 20.1.1 (Revised September 28, 2012)
A) Allowed Uses:
No change
B) Access Management.and Transportation.
No change
Rezoning #07 -12 Carmeuse NA — Clearbrook, Parks 8c Recreation. Rezoning
October 1, 2012
Page 4
C), Site Development:
Proffer 2.2 has been modified to allow the Applicant to delay their compliance
with the terms of the, Proffer to within one year of the termination of the
agreement allowing for the uses between Frederick County and the Applicant; the
park and citizens convenience center. Exhibit 2 has been revised to identify the
location where the landscaped berm buffer may be delayed. The Applicant shall
install the balance of the- buffer and landscaping as previously proffered and as
depicted on Exhibit 2.
D) Mitigating the Impact of Development:
No change ,
STAFF CONCLUSIONS FOR THE 10/17/12 PLANNING COMMISSION MEETING:
The purpose of this application,is to request a minor.proffer revision to ensure that a conflict does not,
exist in the interpretation of'the. Proffer'Statement, Section 2.2. More specifically, the proffer language,,
revision would allow the Applicant-the ability to delay the installation of the proffered buffer identified_
in Exhibit 2 until one year after Carmeuse terminates its agreementwith Frederick County for the use of
the leased area.
"Exhibit. 2 ", as revised, identifies the "Delayed Landscape Berm Buffer area with A red dashed l'i'ne:
Frederick County currently leases approximately eleven acres of the' previously'rezoned property as part.,
of a longstanding agreementwith the quarry. The entry and access road for Clearbrook Park and, the.
Frederick County's Citizen's Convenience Center, and 'multiple parking spaces _ for patrons of
Clearbrook Park could potentially be impacted by the instal Iation. of the berm prior to the'conclusion.of.
the County's use of the, leased property:
In the original rezoning the Applicant proffered to plant trees in the location identified on Exhibit 2'
within one year from the date of the zoning approval. Strict interpretation of the Proffer would set,
December 14, 2012 as the date the buffer and landscaping installation would have to be completed.
All parties are in agreement to the modification. Staff would support the minor revision to the proffer
statement.
A recommendation regarding this_rezonina application to the Board of Supervisors would'be
appropriate.. The applicant should be prepared to adequately address ail concerns raised ,by the
Planning Commission.