38A14_UniminCorporationr�
AMENDMENT
FREDERICK COUNTY ZONING ORDINANCE
Planning Co November 3. 1993
Board of Supervisors: December 8. 1993
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
#002 -93 of UNIMIN CORPORATION
WHEREAS, Rezoning application #002 -93 of Unimin Corporation., to rezone 186.358 acres
from RA (Rural Areas) to EM (Extractive Manufacturing) located southwest of Gore, Va., and
east of Back Creek Road (Rt. 704), in the Back Creek District, and designated by PIN 38 -A -14.
WHEREAS, the Planning Commission held a public hearing on this application on November
3, 1993; and
WHEREAS, the Board of Supervisors held a public hearing on this application on December
8, 1993; and
WHEREAS, the Frederick County Board of Supervisors finds this rezoning to be in the best
interest of the public health, safety, welfare, convenience and good zoning practice;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as
follows:
That Chapter 165 of the Frederick County Code, Zoning Ordinance, is amended to revise the
Zoning District Map to change 186.358 acres from RA (Rural Areas) to EM (Extractive
Manufacturing) as described by the application and plat submitted, subject to the following
conditions voluntarily proffered in writing by the applicant and property owner:
1 This ordinance shall be in effect upon its passage.
Passed this 8th day of December, 1993.
A Copy Attest
2M269'
JohA.t. Riley, Jr.
Frederick County Administrator
This resolution was approved by the following recorded vote:
Richard G. Dick A Beverly J. Sherwood Aye
W. Harrington Smith, Jr. Aye James J. Longerbeam Aye
Charles W. Omdoff, Sr. A Robert M. Sager Aye
•
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PROFFER
UNIMIN CORPORATION REZONING REQUEST
REZONING APPLICATION #002 -93
The undersigned, UNIMIN CORPORATION, sole owner and applicant of
the 186.358 acre tract to be rezoned under rezoning application
#002 -93 does hereby voluntarily proffer the following conditions.
The conditions proffered shall be binding upon the assigns and
successors in interest of the undersigned. In the event the
Frederick County Board of Supervisors grants said rezoning to EM
and accepts these conditions, the following proferred conditions
shall apply to the land rezoned in addition to other requirements
set forth in the Frederick County Code:
1. No active quarrying or direct placement of
overburden materials shall occur within 500
feet of either the present location of Route
704 or any currently existing dwelling.
2. No active quarrying or direct placement of
overburden materials shall occur within 100
feet of the present location of Back Creek.
3. Siltation /sedimentation control will be implemented as
required pursuant to applicable County, State and federal
laws and regulations, following receipt of all necessary
approvals, as mining advances along Cove Ridge.
Restrictions 1 and 2 shall not apply to any access roads, erosion
and sediment control structures, or other support or adjunctive
activities required to facilitate mining.
UNIMIN CORPORATION
By: d /o �zO�y3
Andrew J. Regis
Vice President /GEM
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