HomeMy WebLinkAbout07-12 Proffer StatementO! •
RESOLUTION cr
Action:
PLANNING COMMISSION: October 17, 2012 - Recommended Approval
BOARD OF SUPERVISORS: December 12,2012 x APPROVED ❑ DENIED
AN ORDINANCE AMENDING.
THE ZONING DISTRICT MAP
REZONING #07 -12, PROFFER REVISION OF CARMEUS'E NA, CLEARBROOK
AND FREDERICK COUNTY PARKS & RECREATION
WHEREAS, Rezoning #07-12 Proffer.Revision of Carmeuse NA, Clearbrook and Frederick County
Parks & Recreation, submitted by Thomas Moore Lawson, Esquire, to revise the proffers associated with
Rezoning #01 -1;1 relating to the "Site, Development" section of the proffers,.specifically Section 2.2, was
considered. The proffer revision, originally dated February 28,20,11,, with ` final revision dated September,
28, 2012, is intended to modify the timing of the planting of the landscaping buffer adjacent -to those areas
currently leased arid used by Frederick County as a park and citizen -''s convenience center. The properties,
with addresses of 5,08' Quarry Lane, 3004 Martinsburg :Pike and 3180 Martinsburg. Pike, are located
between the` intersections of Route -11 with Brucetown Road (Route 672) and, Walters Mill Lane (Route
836), in the Stonewall'Magisterial District, and are identified by Property Identification Numbers 44 -A -83,
44 -A -83A land a portion of33 -A -144.
WHEREAS, the Planning, Commission held a public meeting on this rezoning on October 17, 2012
and forwarded a recommendation of'approval; and
WHEREAS, the Board of Supervisors held a publiclmeeting on this rezoriing'on December 12,.2012,
and - ..
WHEREAS,.the Frederick County Board of Supervisors, finds the approval of this rezoning to be'in
the best - interest of the public health, safety;, welfare; and in conformance with the Comp_ rehensive
Policy Plan;
NOW,' THEREFORE; BE IT ORDAINED 'by the Frederick County Board of Supervisors that
Chapter, 165 of the Frederick County Code; Zoning, is amended to revise the proffers associated with
Rezoning #0`1 -11 relating to the "Site Development" section of the proffers, specifically Section 2.2.
The proffer revision is intended to modify 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, as
described by the application and, attached conditions voluntarily proffered in- writing by the applicant
and the property owner.
PDRes. #33 -12
This ordinance- shall be in effect on'the'date of adoption.
Passed this 12ih day of December, .2012 by the following recorded vote:
C-9
Richard C. Shickle;Chairman Aye Gary A. Lofton Absent
Ross P. Spicer Aye Bill M. Ewing Aye
Gene E. Fisher Aye Charles S. DeHaven, Jr. Abstain
Christopher E. Collins A
ye
A COPY ATTEST,
John N,
Fred ri C, unty Administrator
VIRGINIA: FP,.,-:DERICK COUNTY.SCT.
This instrument of writing was produced to o me oii
14�p at 3.
Vit�h--:I-,durn,cnt thereto annexed
was admitted to record. Tax hnNsed by Sec. 58.1-802 of
$ and.58.1-801 haye been paid, f assessable.
Clerk
PDRes. #33-12
C:)
)Ab Cn.
PROPOSED FROFFER STATEMENT,
REZONING: RZAO
Extractiv`,e Manufactur.mg (EM)jWiihI,pTqffqTs to Extractive
Manufacturing (EM-) -with,.revise.d proffers
PROPERTY: 92 Acres
Tak`Mdv Pdrcels,44=A-83% and 44-A-93A.and a portion of Tax Map
Pdrcel, 3.3 -A- 1.44 (the "Properties?
RECORD OWNER` 0,9.- inerals'(Chemsione) Company d/b/a:Carmeuse Lime.& Slone
APPLICANT- 0-N Minerals, (Chemstone) Company d/b/a' Ca Meuse Lime & Stone
PROJECT NAME: Winchesfer/Cle,arbrock
,ORIGINAL DATE
QF,,PROFFERS':' Fbbrdary-.8,20,1 I
REVISION EVISI .1 DATE(S)- June %'2011, June 2 1., 2Q;11; July'12,;, 201 1, Septemb&24 20.12
,'The, undersigned Applieahi.keteby,..pt6,ffers .that the use and. development of,thelportions
of the dbove-'refere:qced parcel's, Which are requested; to be, rezoned, the p
prtilons.,requested to be
rezoned being shown .00i theF attached,and. incorporated plitddentified as "Exhibit I," shall be iii.
strict c'onf(j-rmance,wiihtfic-f6!fowing conditions, which -shall supersede all other pro ffdfs on the
Properties that may have been made jprior, her6to. Iii 'the event -that the above= referenced EM
conditional rezoning,, "i's not gfante'd dsi applied for by the A ppl
icani.-ffiese vroffer& shall be.
deemed withdrawn: and shall bb,bul and void. Further these proffers
are: contingent upon final
rezoning of the,,Prop'erties,vfth '-'final rezoning" de.fined as th4rezoni-q'g which is in effect on the
day f6lidWing the last�&yup on which the, Frederick-, County Bodrd-df:Supervisors' (the `Board ")
P
a
decision granti�g 14ejezoning may `be �contested -in theap
ria'te-',c'6uft'. If,the,Board's decision;
is contested, ed, 40� the he Appliodnt-,el'666 . t§, riot t& subrhit &vblb until such contest is
priient"'I 4 - At
p ans� un,
resolved, the term,xe . zoning shall include the day-Ulow.iffg entry-of a final ,court,order affirmin
•the decision pt.'the .Board ,w h1as not beeqapp a'd p ed, the- day followin g .
which
the decision has, been affirmed, oh,appe4t-
116 he have be d'
.4ding's. of � offers set 'fpfth-� below -en prepare, for convenience or
q pr.,_
refeferic'e,onl- and shall note control orlaf-fd�tethdr�'m-'ea-m-�ng':o'r-�bi�;tak6iias�an interpretation of any
y.
shall be pro at, the time of
goylsipril of the proffers. Pr,
,To ffiers, The ifnprovem6nts: � ofntedifi6relh vel
development - ofthat portion of the Properties ddjdc ent:toi.or including the jnprovemeiidr.other
proffered requirement; unless otherwise spdtified' herein_, Any proffered conditions that would
prevent,th&.Am5 icant from;confona ng with State and/o'r:FedeTal, rep lations shafl'be con§idconsidered -
null 4fid Void. The term "Applicant" as referenced herein shAll include within its meaning all
,fUture:o,,wneT.s-and,,'s.uccess.or.s in interest.
Land Use
1-1 The Probertibs, shall be develOped with ,extractive manufacturirig, land uses
pursuant Ao the mining p 4p
run Orhl approved by the Division of Mineral Mining
P.
(IT-)MM)'), of the. Virginia Department of Mines, Minerals and Ehergy
(I'VDMME7),',qqd hall. therefore conform to the Mineral Mining Law and
Reclamatibri,Reizulat"ions for Mineral Minih 9 of the ,Commonwealth of Virginia..
12 The Applicant I . feteb,Y proffers not to. engage, in the: following use on the
.Propdfties:, .
Asphalt and concrete mining plants.
2. Site DeVelopmeri,t,
2.1 The,P op.ort* s'acOq& via public. secondary roads -shafl be limited to the existing
quarry' entrance on Bruedtown Road 67, uWps.s another entrance is
agreed: upon by -Fri6defick County, or VDOT-dt sometime in theRiturel. Access by,,
vehicles needed f'Or pdriddic maintenance pf ihe Properties, shall not be limited.
2.2 A combination :of landscaping, earthen berms;,, .and fending shall be ihstalf6d
-around. the; Proverties imthe-ar6ds, depicted 'on the attached and incorporated plat.
identified as' " Exhibit , 2-" The; ldndscaOihg'-,shall have a mix of deciduous and:
coniferous' planti rigs placed in a random .manner to' be, consistent with- existing
VOg6tafion,t)dttems...-APplicani,profferstoipl.ant trees.;in the , .places identified on the
attached, and ;incorporated, plat -within one year froin. 'the• date of uWppaj able
zoning, approval.-. Notwithstanding the, li'tolvi'sii)ii!§,.ouihis;-Secti6n 2:1, however,
. 49
the Appficant, shall not -be required Wed to. 'comply with such provWons with
respect ,t I 6-siich-4ftM as: arc tit-r-rentIv,,,used-.bY: 'Frederick -County A§ 4 park
PiirrPnfIv imed by ']Frederick Coiu-httv Its. a 'Dar k 'an
d
citizen's convenience center; the Applicant pro iier&.Yo-comViy. wity-tau tv,;Lus.
3. Historic, Resources
3.1 The: A ptjcant, has completed a Phase 1,ArcHa&dlo9,ic , al,8urvey- of the Properties.
-T-hp�rqs Wt of ihe,:archaeolbg-icA survey is 1ha"t"thd. Properties ;do notha-ye historical
si, gnific7ance: with the ekcqp6brf of the Martin: farmhouse. The- Applicant will put
to
the Martin .'farthli use into adaptive reuse in the, future,.., In-the interim, i -o eri
an In§fnimetit-Which is s recorded in the: land t6c-br..d,s. of,Frederick, County, -,Mrs.
Martin obtifinues, to tesidd, in and' possesses a ".life estate" interest in the
farmhouse: 17iirther; a Phase 11 Archaeological Survey of the area adjacent 'to z
-M`
�pring near'the -drain farmhouse is being, conducted.
2
4. Dust Control
4.1 Dust from, Arills,..muck pilesi material .handling
, screens, , crushers, conveyors, .
feeders, hoppers, stockpile s,,load`- outs, and traffic areas shall be controlled by wet,
suppression or, equivalent. and controlled by and consistent with the terms of the
Virgin ia'Department of: Environmental :Quality ( "VDEQ".),general air permit. The
Applicant shall xemediate, :any - adverse impacts to. surrounding „properties caused
by dust associated with the :mining operations -on ihe:•P°ropert'ies.
5. Blastiniz Control
5,j All blasting associated' with mining operations on th. e .',Properties shall. be liffi, ited.
by tlie,.mirim.g „permit approved by, the DMM of the VDMME.. Peak Particle
Velocities '(PPV). associated with !btasting on, the Properti'e`s shall -'not exceed: the
levels .stipujated,by said permit. Any damagelb surrounding properties caused.by-
blasting on the `Properties shall be remediated AH11 ,Applicant's. expense:.
6. Traffic
6.1 The Applicant ,proposes as ,part of 'thi_s rezoning to not install` entrances 'for,
vehicular t"r"affic oft Route. 14. unless; agreed ;by- Frederick County or, VDOT,at
some time in the future: The Applicant proffers to continue-to use its existing
.;entrance on. $rucetown -Road (Route 672): The resilf of`fhe use contemplated by
the' rezoning' is that °there: will be a reductton,'in existing ,trips from the Properties
that currently enter -and exit >on Route 11;. In..the'_ future; given, thavthere will be no
vehicular trip's�to 'and from Route, -111 from the koperties;'the number of vehicular
trips will decrease '-.66rh not only the existing status, but. also what would be
contemplated should the Properties 'be developed or :zoned to 'any other use
including, but not limited'-to, induArcial-whzch. is what'is,currentlydepicted on the
County's Comprehensive Plan for the .Properties.
62 Within the fifty foot;(50') setback`from Route 41, the,Applicant agrees to dedicate
up to 'twenty feet I _. I to .Ere, e_--- .County' or. the, V#gixua 'Department -of
Transportation within thirty (30) days. of demand of said dedication from either
Frederick County' or _the Virginia{ Department of Transportation for the purposes
of expansion of Route la .(Valley Pike), to. -install additional lanes of travel and- -
other:
,improvements associated with the Route 11.(Vall'ey Pike).expansion. Upon
said dedication the r'.einainng land in ;tlie setback shall: be. unaffected and shall
continuefo serve as,a, buffer and screening between, the .operations of lie, quarry
and the:nght -;of :way, :In the. event the dedication and :subsequent development of
-said 1'and ,shall' adversely affect the aforetnentioiied' buffer` and screening- then. the
Applicant shall at its :discretion.,alter; amen&& relocate, the..a%rementioned buffer;
and ;Screening -
I
: L;
IF-
•
Operationat Nol se Abatement
0
vn
'7.1 The- Applicant "will make ,all reasonable efforts to locate mining machinery ,in the
quarry pit or behind berms.;,
8.. Lighting
8.1 There,shall "tie no afxed`lighting structures above,= ground,on the berms,,other than
as may be required for or provided by regulations "that affect the plant operations, .
including; but, not limited to. Mine Safety Health. Administration .( "MKM" );
VDMME, and any .other governmeintal, or regulatory .body that oversees mining.
operations Lighting use f&Aevices or Machines,-that -convey materials or for pit
crushing 4facilities and. other mining activities is permitted. Conveying and pit
crushing fac*lifies" shall, also -be interpreted as. 'including such other devices or
activities. that perform similar or- related functions that may corne:'nto use and/or
existence at some time iii the fiifure wliile the extractive. mining use is stilt in
effect -oil the: Properties: In addifibri to the above, all 'lighfing; will "be installed in
such a manner that there `will be no spillover beyond any property line of the
Applicant onto adjacent propertiesnot owned "by tle:Applcarff.
9.. Air Permit
9:1 The Applicant shall maintain its exisring general :air;pefmit controlling emissions
,in accordance. with the` VDEQ standards and also see thatahe existing general air
permit:covers: al activities.conducted, on the fezoned,Troper ies.
PO:: Environment
10,1 In addition, Ito compliance with the Virginia Pollutant Discharge Elimination
System, water, Ai,s.chargq7 permit already m place, the Applicant agrees: to work
with a recognized envifonfnental entity of the Applicant'_s choosing during ,its
operations to ensure that the water emissions from. water flowing from the quarry
operations on the Properties is, of a quality that satisfies the requirements of all
applicable discharge. permits;,
4
O
Ql
Respectfully submitted, co
O -N MINERALS (CHEMSTONE) COMPANY
d /b /a CARME'USE LIME & STONE
B : James E: Bottom
Its Area Operations Manager
COMMONWEALTH OF VIRGINIA, AT LARGE
COUNTY OF few.6w4, r ,. to -wit:
The foregoing instrument was acknowledged before. me this%--1*2-q day of
by James E. Bottom, Area Operations Manager of O -N _
Min 1's (Chemsione) Company d /b /a•Carmeuse Lime & Stone.
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�P •' • NOTARY •'
�.
PUBLIC
My commission expires:--. REG # 362366
Registration number* . c - : MY COMMISSION
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PROPERTY:,
RECORD OWNER:.
APPLICANT.,-
PROJECT NAME
ORIGINAL DATE
OF PR`OFFERS-.
REVISION DATE(S),:
PROPOSED PROFFER" STATEMENT' .
RZ#
it E.�,
proffers rs I 1 ftractive
E)dracfiVe,Manu-_ qturin,, (F_M, 0
ng (EM) with revised proffers
-,Tax- Map
Tax MqpTdrc6ls;44-A-,83 and,,44-A-83A and a,gortion of
Tar(61 33 -A- 144 (the 'Tropdrtibs`)�.
O.-N Minerals (Cherrist.one) Company d/b/a Caxineuse Lime &- Stone
07N'Miri6f_Afs (Che in stoi . ie)*Compaftyd/b/A Carmeuse Lime -& Stone
Winchestpr/Clearbrook
Febr,udry. 9,, 2011
June: 2,,,201` 1, June ',2 1,_,201 1 July t2, 16.11, September 219, 20,1'2
T h& undersigned Applicant hereby proffers that.1 the us6 and development of the portions
portions requested to be
Qf the _abov,err6f&enctd -par, I which are fequested.Ao'be rezoned,, the pbrt f q�
QP_
"rezoned heiag)§hoNt or the=
h e d - and; in o— m
ordted plat I
dendfied.as "Exhibit .1," shall be in
strict c0nf6rnanco with conditions. whi&h ;shall, supersede 611 other .proffers on the
,
Properties .that may .have, been, ,made pprior hereta, , In the,� event; that the above- referenced ;EM
rezoning h granted applied for b - the Ap
condition r dt", iante' -plicaht; these proffers shall be
ping 1 plied. or y,, e
final
deemed -withdrawn and, shall be null and void. Further these , -pro- ffers, are, contingent f
ngept,upon.,
xezoning,of the.'Tropeitids w,ih"fnal, rezoning" ,ddflned a thatrezonijg which is effect on'the
B' at D ry "Board")
day follo ; ing.thedast, -day --up on Which the Frederick.,06,tifity dof'S`upe. isors� (the
M. P . decision gran- jji. g the xezo' ging, may be contested in the ,ap pro pn-'a te c W . I f the B
o r
d s decision
is contested, and the Applicant elects 'riot W submit development plans
s until such contest is
re= theetetn rezorfrig shall include; the day following entry Of a -final court order affirmin 9
t he decision 6fthe,B6ard which 4asnot,,&een appealed, or;, if V p edled, the day ,following which
ed orr 'appeal
the Asioii.has,bed�a:f fi iitn
Th el' lidadift ffiex PW ffers; set forth 'below have been prepared for convenien.ce:,or
- -
reference g�Wy,=aiid§hall'�iiot,.contr-61 or affect the meaning or be taken as, aniinterpretation of any
'Provision of the proffers `The improveni6nts proffered. herein ,shall be•provii . d ' a11. t, the time e,of
portion of the� Properties; adjacerit. to or
dPv__elopnientI6'ft,haC includin g, the dm , improvement �or other
'P
pr offered requirement, -unless bthe T I. wi 's pec-i6- 6
d herein..Any profe ed conditions that w
ould
prevent the Applcft n,coqformffig wfth,State and/ or Federal regulations shall be considered
null .and. void. The', term ** "A l' 1-can as. referenced herein ;shall include within, its -meaning'-all
pp
future rniet-s and successors in. interest.
1. Land Use
1.1 The Properties shall be developed with extractive manufacturing land uses
pursuant to the mining permit approved by the 'Division of Mineral Mining
( "DMM" 'Y of the 'Virginia .Department of Mines, Minerals and Energy
( "VDMME''), and shall therefore conform to the Mineral Mining Law and
Reclamation Regulations for Mineral Mining of the Commonwealth of Virginia.
1.2 The Applicant hereby proffers not to engage in the following use on -the.
Properties:
Asphalt and concrete mixing plants
2. Site Development.
2..1 The .Properties'; access via public secondary roads shall be limited to the existing
quarry entrance on Brucetown Road (Route 672) unless another entrance is
agreed upon by :Frederick County or VDOT at some time in the Tuture. Access by'
vehicles, needed for periodic maintenance of the Properties shall. not be limited.
2,2 A combination of landscapir g, earthen berms, and fencing shall be installed
around the Properties in the areas depicted on the.d ached and incorporated plat
identified as "Exhibit I` The landscaping shall have a mix of deciduous and
coniferous plantings placed in a ,random manner to. be consistent with existing
:vegetation patterns. Applicant proffers to plant trees in the places identified on the
attached and incorporated pfat within one year from the date of unappealable
zoning approval. Notwithstanding the provisions of this Section, 2.2, however,
respect to such, areas as are currently used by Frederick county as a parx
respect` to such areas currently used by F'reder'ick` County as a 'park and
.citizen's convenience,center the Applicant proffers to comply, with the terms
of this Section 2.2 within one year of the termination of the agreement
olln�c in'o far flip I,Cp4 hetween Frederick County and the Applicant.
3. HiStbfic. Resources
The Applicant has completed a Phase ,I Archaeological 'Survey of the Properties.
'The result of the archaeological survey is that the Properties do not have1istorical
S ignificance. with the exception of the Martin farmhouse. The Applicant will. put
the, Martin farmhouse into adaptive reuse in the future. In the interim, pursuant to
an Instrument which is recorded in the land records of Frederick County, Mrs.
Martin continues to reside in, and possesses a "life estate" interest in the
farnihouse. Further, a Phase II Archaeological Survey of the area adjacent to a
spring "'near the'Martin farmhouse's being conducted.
2
4.1 Dust from drills, ,muck piles, material handling; screens,: ,crushers, conveyors,
feeders, hoppers, stockpiles, loa&outs, and traffic areas shall be controlled by wet
suppression or equivalent,, controlled by and consistent with the terms of the
Virginia,Department of.Enviroiimental Quality ( "VDEQ") general air permit. The
Applicant shall remediate any adverse impacts to surrounding properties caused
by'dust associated with`the.mining operations on the Properties.
Blasting Control
5.1 All, blasting associated with mining operations on the Properties shall be limited
by the mining permit approved. by the DMM of the VDMME. Peak Particle
Velocities'( PPV) associated with blasting on the Properties shall not exceed the
levels stipulated by said permit. Any damage to surrounding properties caused by
blasting on-the Properties shall be remediated at the Applicant's expense.
6. Traffic
6.1 The. Applicant proposes as part of this rezoning to not install entrances for
vehicular traffic on Route l l unless agreed =by Frederick County or VDOT at
some time in the. future. The Applicant proffers to continue to use its existing
entrance,on,Brucetown Road, (Route.672). The result of the use contemplated by
the rezoning is that there will. be a reduction in existing trips from the Properties
that currently enter: and exit on Route 11. In the future, given that'there will be: -no
vehicular trips to and from Route 11 from the Properties, the number of vehicular
trips will decrease from not only the existing status but also what would be
contemplated should the Properties be developed or zoned to any other use
including, but ria.1imited to; industrial which - is what is currently depicted on the
County's Comprehensive Plan for the Properties.
6.2 Within the _fifty. foot (50'.) setback from Route 11, the Applicant agrees to dedicate
up to twenty feet (20') to Frederick County or the Virginia Department of
-Transportation 'within thirty (30) days of demand of 'said dedication from either
Frederick County or the' Virginia Departrrient of Transportation for the purposes
of expansion of .Route 11 (Valley Pike) to install additional lanes of travel. and
other;improvements.associated with; the Route 11 .(Valley Pike) expansion. Upon
aid dedication the remaining' land 'in the setback shall be unaffected and: shall
continue to serve as a buffer and screening between the operations of the quarry
and the right =of -way.. In the 'event the dedication. and subsequent `development of
said land shall adversely affect the aforementioned buffer an&,screening then the
Applicant. . shall at its discretion alter, amend or. °relocate the aforementioned buffer
and screening:
3
7. .Operational Noise Abatement
7.1 The Applicant will make all reasonable_ effortsAo, locate mining machinery in the
quarry"pitor behind berms.
8.
Lighting
8.1 There shall be no -affixed lighting structures" above- ground on the berms other than
as may be required for or provided' by .regulations that affect the plant operations,
'including, but not limited to, Mine Safety Health Administration ( "MSHA "),
VDMME, and any other governmental or :regulatory' body that oversees mining
operations,�L,'igh'ting used for devices or, machines that convey materials or for pit
crushing facilities and other mining activities is permitted. Conveying, and pit
crushing facilities "shall also be interpreted as including; such other devices or
activities that perform similar or related functions that may come into use and /or
existence at some time in, the future. while the extractive mining, use is still in
effect on the Properties. In addition to the above, all lighting will be installed in
such a manner that "there will be no spillover beyond any property line of the
Applicant onto adjacent properties not owned by the.Applicanf.
9. Air Permit
9.1 The Applicant shall maintain its existing general air permit controlling emissions
in accordance with,the VDEQ standards and also see- that the ,existing general air:
permit covers all activities conducted on the rezoned roperties.
10. Environment
10:1 in addition to compliance with the Virgiria Pollutant. Discharge Elimination
System, water discharge permit already in, place; the Applicant agrees to work
with a recognized environmental entity of the Applicant's' choosing during its
operations to ensure that the water emissions .from water flowing from the quarry
operations on -the Properties is of a quality that satisfies the .requirements of all
applicable discharge permits.
M
Respectfully submitted,
O -N MINERALS (CHE1V MNE) COMPANY
d/b /a CARMEUSE- LIME& STONE.
By : 5°
Its:
COMMONWEALTH,OF VIRGINIA, AT LARGE
COUNTY OF FREDERICK, to -wit:
The foregoing instrument was �ackiiowtcdged before = ne this ,� day of
October, 2012, by ';1 ►'V S,. _1' ) f P (f%� ILi� QCi t1.S.
n
°oNeT p� NOTARY PUBLIC
5 •.
`my commission expire
Registration number:' #`3
243 .,
• _ . MY �OM�• Z e
n EXp1RE � �
';�� 10131120�.�� •
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