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HomeMy WebLinkAbout07-12 CommentsFYI Rod. Williams Tuesday, December 11,, 2012:4 :1'8 ;PM Jason 'Robertson; Mike Ruddy FW':Clear,Brook `Quarry entrance; letter - further revision, From: Thorr as-' Lawson ,[mziilto:tlaWsod'(&Isplc com] Serif: "Tuesday; :December 1-1„ 20:12 4 41 `PM To:, Rod Williams Subject Re: Clear- ''Brook;Quariy,eritrance; letter - further revision Jim Bottorn; advises, the revised l "anguage,. isaccepfable. ;He is out of'town, ,buf l am hoping to send you the signed . agreement tomorrow, Thanks, Ty --= Origihal Message - - - -- From: Rod'Williams [mai Ito .rwiIIia @ co:frederick'wa.ml Sent: Friday; Decemter? 2012 09:.56 AM To: Thomas Lawson' Subject:, Clear Brook Quarry , entrance letter - further revision Ty`? .Per our last correspondence; attached is the further revision of,sthe:letter. We really need to get th►s put;to bed ASAP; so ;if the `letter'is ;OK and Jim' can sign it,:that would be great, Thanks. Rod Roderick 13 Williams Qounty Attorney -County of Frederick,, Virginia .1.07 North' Kent Street;, 3rd ,F_lo;o.r Winchester, Virg (54:0) 722 -8383 Facsimile: (540)' 667- 0370 E mail ' .rwillia" -)co,frederick ;ua. us i Mike Rudd From: Rod Williams' Sent: Friday,, November 09, 201.2.11:31 AM To: Ty, Lawson Cc; Mike Ruddy; Jason Robertson Subject: Car,meuse- .Clear Brook rezoning amendment.- letter agreement Attachments: LTR = Lawson re .quarry proffer agreemenf.pdf Ty, Following up on our conversation oftearlier this week, I have prepared the attached letter. If it is acceptable,, we-would just need; a signature on behalf of Carmeuse and then we can proceed with the' proffer amendment as or" inally .proposed. Also,, because this issue was still. open as of the time of the Board of Supervisors:, agenda preparation and we try to avoid., having to provide the Board with additional materials subsequent to the.main agenda packet, I am infor,.med that the proffer'amend:mentwill now be, on the, Board's December T2 agenda, instead of.the November 14 agenda. I do not believe this impacts our collective efforts to accomplish';a'workable solution for all involved -. Mal Roderick B.`Williams County Attorney County of Frederick, Virginia; 107 North Kent.Street, 3rd Floor Winchester, Virginia 22601 Telephone, (54:0) 722 -8383 Facsimile`: (540) 667 -0370 E -mail rwillia(a)-co.frederick:va.us 1 COUNW4 FREDERICK; Roderick B. WGRams coun, ty Attomey 540t.7224383 Pax 540/66M3 - 70 E-mail: rwillia@co.fwAerick-va-us November 9,:2012 Thoma&Moore'Lqwwn, Esq. Lawson and Silek, P.L.C. P.O. -Box 1746 'Winchester, Virginia,12604 Re: Rezoning # 67-12. Proffer Statement revised July I 12,,-201 1 and as maybe sxibsequentlly ;amended, and 6'j, O=N Minerals (Chenistone) Company d/b/a Cartneuse. Lime & Stone ("Carmeuse') Dear Ty.: 71ii's is a follow up to :our telephone discussion of yesterday-on.the above subject.' Sped . ficAlly,"tfiis coffu County tD;the referenced secti6xisrof the indicated- Proffer Statement; Frederick, County and Carnieusernme that, for theipropertiesisubject to�the Proffer State.-n—, w PER1110d 91 P;o J OT li'rvffp�'fthis; I - correctly, states the parties understaniling'o, Wmduer,1ask that you please have aiori6sentafive of Carmeuse sign the ;,additional,encl copy ofihis lettcr and that you pleasereturn sam6,to me. Thank -you. the entrance used by Frederick County as-a park I and citizens` ;corivenience!ce'nt'erontdkdUt"6 11 Sin _Urs' shall continue to.�Ibe•qped by- agreement of the parties for the time period that Frederick. County., �Zrick B. Carus: continues to: , use the 6roperties-for,a park and County Attorney citizens! convenience center. AGREED:; O-N.Minerals.(Chemstorip) Company d/b/a Canneusc Lime & Stone By Its 107 North. Kent -Street • Winchester, Virginia 22601 LAWSON AND SILEK, P.L.C. 120 EXHTFR DRIYE,;SUITE,200' _ POST OFFICE'BOX 2740 WINCHESTER, N;A 22604 - TELErHONE:.(540) 665=0050 FACSIMILE: (540)7224051 THOMAS MOORS LAWSON'•'TLA%YSONna..LSPLC.COM December-3; 2012 Roderick. B. Williams, 'E "squire County Atto.Mey.for Frederick County - 107 North Kent Street Winchester, VA 2.2601 Re: Carmeuse Lime, Inc. Our File No. 461013; VIA E -MAIL Dear Rod: I apologize for having taken so long to get back to you: ,Enclosed please .find a redlined letter agreement between the County and- Carmeuse. What -I have done is added some more specifics to the agreement; and in particular, to recite that what is being agreed to is that Carmelse keep the rentrance to Route 11 open. I believe that is all that is required in order to stay compliant with the existing proffers: Thank you for continued: assistance and cooperation. I look forward to heating your thoughts. Very truly yours, /s/ Thomas Moore Lawson Thomas Moore Lawson TML :jk Encl0slire cc.° Carmeuse Lime, Inc.. FRONT ROV v ADIIRF.SS: Pori OFFICE Box 602; FRo$e Roym , )9RC1N1A�22630, TEI.EPBONEi (540),635 -9415. • FACSIN11 .FI: (540) 635 -9421 • E- MAIL; '.ISD.Ew(n�.LAWSONANDS11,FXCON1 Mike Rudd From: Shauseriflddk, [shausenfluck @Isplc.cam] Sent: Friday; January 04, 2013 3:56 PM To: Mike. Ruddy Cc 'Ty Lawson' Subject: Lawson and "Silek; P.L.C. Attachments: Ruddy Itr 01- 04 -13. pdf The `attached is being sent at the request of Thomas Moore Lawson, Esquire. Sharon Hausenfluck Administrative Assistant Lawson, and Silek,.P.L.C. 120 "Exeter'Drive, Suite 200 Winchester, Virginia 22603 Telephone: (540Y665-0050 Fax: (540) 722 -4051 E- mail`. shauserifluck@lsplc.com The, information contained in.this message is information intended:only for the,use of the.individual or entity named above, and may be attorney /client privileged: and confidential. 'If the reader of this message is not the intended recipient, you are hereby notified that any dissemination,: distribution or copying ofthis communication is strictly prohibited. If you have received this communication in. error, please immediately notify-us by telephone and return the original message tows at the zbove.address. Thank you a T LAWSON AND SILE`K, POL.C. 120 EXETER'DRIVE,,Sum 200 POST OFFICE'BOx 2740 WINCHESTER,,,VA 22604 TELEPHONE: (540)665 -0050 FACSIMILE:(540)'722 -4051 January 4, 2013 THOMAS MOORE:LAWSON - TLAWSONALSMCCOM Michael T. Ruddy, Deputy Director Planning and Development County of Frederick 107 North. Kent Street, Suite 202 Winchester,. VA 22601, Re O- N,Minerals.(Chemstone) Company Our File No. 462.013 VIA E -MAIL Dear Mike: As a follow -up to our telephone call, enclosed please find a copy of the Proposed Proffer Statement and Rezoning Application Form, the originals of which were picked up from my office by Jason Robertson on October 3, 2012. Please let me know if you will contact -Jason for, the originals :or if you, would like me to do so. Also, I noted upon my review of `the Form that Jim ,Bottom signed. only as Applicant and not Owner. Although it seems like the one .signature should be sufficient I can certainly have Jim sign as Owner if the County requires same., Thank you for your- continued assistance and cooperation. I look forward to hearing from you shortly. Very truly yours, /s/ Thomas Moore Lawson Thomas Moore Lawson TML:sih Enclosure cc: Carmeuse Lime & Stone FRONT ROYAL ADDRESS: POST OFFICE BOX 602. FRONT ROYAL, VIRGINL4 22630, TELEPHONE: (540) 6359415 • FACSIMILE: (MO)635-9421 • E-NAIL: 3SILEK @LAWSONANDSILEKCOM PROPOSED PROFFER STATEMENT REZONING: RZ# Extractive Manufacturing (EM) with proffers to Extractive Manufacturing (EM) with revised proffers PROPERTY: 92 Acres Tax Map Parcels 44 -A -83 and 44 -A -83A and a portion of Tax Map Parcel 33 -A -144 (the "Properties ") RECORD OWNER: O -N Minerals (Chemstone) Company d/b /a Carmeuse Lime & Stone APPLICANT: O -N Minerals (Chemstone) Co_mpanyd/b /a Carmeuse Lime & Stone ( "Applicant ") PROJECT NAME: Winchester /Clearbrook ORIGINAL DATE OF PROFFERS: February 8, 2011 REVISION DATE(S): June 2,.2011, June 21, 2011, July 12, 2011, September _, 2012 The undersigned Applicant hereby proffers that the use and development of the portions of the above = referenced parcels, which are requested to be rezoned, the portions requested to be rezoned beingshown on the :attached and incorporated plat identified as "`Exhibit 1," shall be in strict conformance with the following conditions, which shall supersede all, other proffers on. the Properties` that may have been made, prior hereto. In the event that the above - referenced EM. conditional rezoning- is not granted as applied for by the Applicant, these proffers shall be deemed withdrawn and shall be null :and. void. Further these proffers are contingent upon final rezoning of the Properties with "final :rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' (the "Board ") decision ;granting the .rezoning may be, contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved', the term rezoning shall :include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following, which the decision has been affirmed on appeal. The headings of the: proffers set forth below have been prepared for convenience or reference :only and shall, not control or affect the meaning or be taken as an 'interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Properties adjacent to or including the improvement or other proffered. requirement, unless otherwise specified herein. Any proffered conditions that would prevent the: Applicant from conforming with State and/or Federal regulations shall be considered null and void.. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest'. 1. Land Use 1.1 The Properties shall be developed with extractive manufacturing land uses pursuant to thel reining permit approved by the Division of Mineral Mining ( "DMM ") 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 future. Access by vehicles needed for periodic maintenance of the Properties shall not be limited. 2.2 A combination of landscaping, earthen berms, and fencing shall be installed around the Properties .in the areas depicted on the attached and, incorporated plat identified, as "Exhibit .2." 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 plat within one year from ,the date of unappealable zoning approval. Notwithstanding the provisions. of this Section 2.2, however, the Applicant shall, not be required to corn0v with such provisions with respect to such areas as are currently used by Frederick. County as a nark and citizens' _:convenience center under ;agreement with the Applicant. With = respect to such 'areas currently used by Frederick Countv as a park and of this Section 2.2 within one year of the termination of the agreement allowing for the uses ,between Frederick County and the Applicant. 3. Historic Resources 3.1 The Applicant has completed a Phase I Archaeological Survey of the Properties. The result of'th_e archaeological survey is that the Properties do not have historical . significance 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 farmhouse. Further, a Phase Il Archaeological Survey of the area adjacent to a spring. near the Martin farmhouse is being conducted. 4. Dust Control 4.1 Dust ;from' drills, muck piles, material handling, :screens, crushers, conveyors, feeders, hoppers, stockpiles, load -outs; and traffic areas shall be controlled "by wet suppression or equivalent, and controlled by and consistent with the terms of the Virginia Department of Environmental 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. 5. Blasting Control ed with mining operations on the Properties shall 5.1 All blasting associated all 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 11 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 1' L. 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 not li'rnited to, industrial which is what is currently depicted on the County's Comprehensive Plan for the Properties. 6.2' Within the fifty foot (5.0') 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 Department 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 H (Valley Pike) expansion. Upon said '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 Iand shall adversely affect the aforementioned buffer and 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 efforts to locate mining machinery in the quarry pit`or behind berms. 8. Lia jiting 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 Athat affect the plant operations, including, but riot 'limited to, Mine Safety Health Administration ( "MSHA "), VDMME, and any other' governmental or regulatory body that oversees mining operations. Lighting 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 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 Applicant. 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 Properties. 10. Environment 10.1 In addition to compliance with the Virginia 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. 4 Respectfully submitted', O -N MINERALS (CHEMSTONE) COMPANY d/b /a CARMEUSE LIME & °STONE By- — 5 Its: we— o COMivIONWEALTH'OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, to -wit: rot The foregoing instrtmient was acknowledged before me this da of October, 2012, by w S E. f ( f j► - iii V yllYa IS (c v Aqq -tvv) (Aj on [cue i m e ottl Y- oaia'oeoeoioroa e� NOTARY PUIiLIC a° e N T 00 o My commission expires. Registration number: 011 # 3243 - MY'�ptdh Z XpIR�� REZONING APPLICATION FORM FREDERICK COUNTY; VIRGINIA To be completed by Planning Staff, Zoning Amendment Number PC Hearing Date Fee Amount Paid. $ `Date Received _ BOS Hearing Date_ The following information shall be provided by the applicant: All parcel identification numbers,. deed book and page numbers.may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: O -N Minerals (Chemstone) Company d/b /a Carmeuse Lime & Stone Address: 1,1 Stanwix Street, 21" Floor Pittsburgh, PA 15222 Telephone: 412- 638 -1581 Applicant: Frederick County Parks & Recreation. Department Address: f07 North Kent Street Winchester, VA 22601 Telephone: 540- 665 -5678 2. Property Owner (if different than above): Name: O -N Minerals (Chemstone) Company d/b /a Carmeuse Lime & Stone Address: 11 Stanwix Street, 2 VtTloor 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 if other than above: Name: Thomas Moore Lawson, Esq. Telephoner: 540 - 665 =0050 Jason Robertson, Parks &. Rec. Director Telephone: 540 - 665 -5678 12 4. Property Information: A. Property ldentification Number(s): 44 -A -83, 44 -A -83A and 33- A- 144(portion of). 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 designations) and acreage(s) in each designation:. EM (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 thathave 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 district Digital copies (pdf's) of all submitted documents, maps 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) Company.d/b /a/ Carrneuse Lime & Stone Frances G. Martin as holder of the estate interest in parcel 44 -A -83 7. Adjoining Property: PARCEL ID NUMBER, USE See attached ZONING 8. Location: The property is located at (give exact location based - on-nearest road and distance from nearest intersection, using road names and route numbers): 508 Quarry Lane (that ,portion not currently zoned EM) 3004 Martinsburg Pike and 3180 Martinsburz Pike. The subject parcels are located between the intersections of Route 11 with Brucetown Road (Route 672) and with Walters Mill Lane (Route 836). 13 9. The,following inforthation.should be provided according to theitype of rezoning proposed: ber _gf Units Proposed Single Family homes: 0 xownhome: 0 Multi- Family: 0 Non- Residential Lots: 1 Mobile Home: 0 Holcl.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, do1ereby respectfully make application and petition the Frederick County Board.of Supervisors.to amend.the:zoning ordinancetand w,change the zoning map of Frederick. County, Virginia. I (we) authorize Frederick County .officials to enter the property for site inspection4purposes. I (we) understand that,the signissued when this application is submitted must be placed at the front;propertyline at least'seven days prior to,the Planning °Commission public hearing i and the Board.of Supervisors public hearing and'maintained so as.to be visible from.theroad 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): bate: Frederick County I'ar •s :Kecreanon partment --- - -_��— Date: °• O ?; A inffWs (Chemstons) Company O/Wa CQnncusc IMC ,Slam; Owner(s): � Date: O-N Mmarak (Chamtone) Company d&& Carmewo L rm & Stone Date: 14 Adjoining- Property Owners 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 the 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 the requested property. The applicant is :required tol 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; 107 North Kent Street. Name Property Identification Number(011N) Address 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 -1626 Winchester, VA 22601 Name: Kesari Third Generation LLC 11499 White Oak Ct Property # 33- A -164B Hemdon, VA 20170 Wampler Jack K Sr & Jack K Jr P/A Name: Wampler's Mobile Homes 2648' Martinsburg Pike Property #: 33- A -164.D Stephenson, VA 22656 Name: Richardson Kimberly Dick & John Franklin 107 Cotswold Court Property #: 33 A 164E 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 -A -20 _ York; PA 17403 Name: White Harry S. Jr. 385 Back Mountain.Road Property #: 34 -A -24D Winchester, VA 22602' Name: Frederick County Fairclo Chester Lauck 167 Fairground Road Property #: 44A-77A Clearbrook, VA 22624 Name: Stonewall District Ruritan do Joseph Huluer 1023 Redbud Road Pro erty #: 44 -A -81 Winchester, VA 22603 Name: Frederick County School Board P.O. Box 3058 Property #: 44A -82 Winchester, VA 22604 Name: Umbenour Max J & Margaret M -115' Walters Mill Lane Properly #: 44,-A -84 Stephenson, VA 22656 Name: Bachmann Jane Brumback 137 William' Richmond Property #: 444-95 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. 130 Tatanka Lane Property #: 44- A -96A_ Stephen son, VA 22656 Name: Cutshaw.Alan W & Susan J P.O. Box 133 Property #: 44- A -96C: Stephenson, VA, 22656 Name: Frederick Land Company LLC 893 Clubhouse Road Property #: 44 -A -96D York, PA 17403 Name: Frederick Land Company LLC 893 Clubhouse Road Property # 44 -A -97 York, PA 17403 Name: Anderson Mark.D & Cheryl L 1419 Ramseur Ln Property #: 44 -A -100 Winchester, VAr 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 -106 Stephenson, VA 22656 Name: London RoyAlfred 111 3172 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. 3.154 Martinsburg Pike Property #: 44A -1 -3 Clearbrock, VA 22624 Name: Cornwell Clarke & Tina 3144 Martinsburg Pike' Property #: 44A -1-4 Clearbrook, VA 22624 Name: Myers Lolita L. 31,34 Martinsburg Pike Property #: 44A -1 -5 Clearbrook, VA22624 Name: Bly Kenneth L. & Joy A 3126 Martinsburg Pike Property #: 44A -1-6 Clearbrook, VA 22624 Name: SK Associates Inc. 11499 White Oak Court Property #: 44A -1 -7 Hemdon, VA 20170 Name: Clemons Richard Lee-& Mary D 3106 Martinsburg Pike Property #` 44A -1 -8 Clearbrook, VA 22624 Name: Butts Joseph L. &.Sylvia P. 3096 Martinsburg Pike Property #: 44A -1 -9 Clearbrook, VA 22624 Name: Payne Marion D. Jr -. 3086 Martinsburg Pike Property #: 44A -1 -10 Clearbrook, VA 22624 Name: Frederick.Land Company-LLC 893 Clubhouse Road Property #: 45 -A -1 York, PA 17403 'Name: Carter Robert W 827 Gun Club Rd Property #` 45 -A -8 Stephenson„ VA. 22656 Name: Anderson Mark D 1419 Ramseur Ln Property` #: ; 45 -A -8C Winchester, VA 22601 16 ' Thomas Moore L. awsoh' .Esquire - La.,wsornand;Srlek „P.L;C. PO B:oX 2740 . Wirchester,'VA 22'604 Jason Robertson. Parks & Recreafi'on Director i 407`N: Kent. Street J Winchester -, VA 22,26.01 RE; REZONING 9,741- C-ARMEUSEI NA, CLEARBROOKjand FREDERICK . COUKNTV- PARKSAND RECREATION 'PINS: 44= A =83,. 44=A-83A `and, it portion of 33=A -144 Gentlerricn _ Th 's letter. servos to confirm :act 'ion taken, b, the .Frederick Coutity Board, of Supervisors at their' meeting of December 1.2, 2012 Th&above- referenced application was -'approved td, fevise proffers associated: with_ Rezoning W0"1 =11. This revision:relates to the' "Site Development" section of the, proffers; "sbecifieally Section "2 2, aril the timing °of the�plant ng oftho andscaping. buffer adjacent to those areas - currently teased and used`by Frederick County as,d -,park and,ciiizef 's convenience center. F The properties;`with4addresses of.508'Quarry'Lane, 30;04 Martinsburg Pike and 31.80 Martinsburg Pike, are to Ated',on theeast,s de.of Route``l 1 `between the;mtersec "tions,of $rucetown Road (Route 672) and Walfers.Milt Lane�(Route 830, n.•the Stonewall 1Vlagister al District. The proffer statement, =originally dated February2�8, 201,1, with firial.,revision dateyof September 28, , _ pp part. of this rezoning application is =:unique ' "to the above referenced pOoperthest and' s� bind n a e6rdlessa of ownership. Enclosed is' a copy, of the ad ©.pted proffer g s statement: for your records. Pursuant ,to §165.10206E, th`e, ,County Atforney, will pi-esent..the written profferato'th'e Frederick•'County Clerk of Circuit Court for..r`;ecordation.' Please do not,hesitate' to contact this }off ce.;if;you have any questions ;regarding;the,approval, ofthis' rezoning ,application,; Sincerely; , " Michael', T. Ruddy, A_icp' Deputy`Planning Director ' Thomas Moore = L, Esquire; Jd_s''Oh Whertson, Parks & °Recreat on Director Re °: Rezoning #07 -1:2 December 17, 2012' Page 2 cc CharlesS. DeHaven, .Gainesboro,District Supervisor Gary Oates and. Stan - Crockett; Gainesboro Planning.Comm'issi;oners Jane Anderson, Real','Estate Commissionef. `of Revenue Rod Williams„ County Attorney,, w /original Proffers and Resolution. - ,,. Q' -N Mnerals'Company, 1.1, Stanwix Street, 2`l st Floor, Pittsburg, PA 152 -22 Frances G. Martin 3004 `Martinsburg Pike, Stephenson, VA 2265`6 -