44A83_CarmeuseProfferRevisionAction:
PLANNING COMMISSION
BOARD OF SUPERVISORS:
C7
RESOLUTION
October 17, 2012 - Recommended Approval
December 12, 2012 x APPROVED U DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #07-12 PROFFER REVISION OF CARMEUSE 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 #01-11 relating to the "Site Development" section of the proffers, specifically Section 2.2, was
considered. The proffer revision, originally dated February 28, 2011, 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 and used by Frederick County as a park and citizen's convenience center. 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 (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 and a portion of 33-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 public meeting on this rezoning 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 Comprehensive
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 #01- I 1 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.
0
Passed this 12th day of December, 2012 by the following recorded vote:
UT
Richard C. Shickle, Chairman Aye Gary A. Lofton Absent
Ross P. Spicer ALe Bill M. Ewing Aye
Gene E. Fisher Aye Charles S. DeHaven, Jr. Abstain
Christopher E. Collins Ae
A COPY ATTEST
/V-/, ""-/
John . '1 Pv
Fred rr County Administrator
V1a2GINIA: FRA:DERICK COUNTY.SC T .
This instrument of writing was produced to me oi,
C)1-3 .p.�
with certificate adp'en7ent themc� annexed
was admitted to record. 'Tax imposed by Sec. 58.1-802 of
and 58.1-801 have been paid, if assessable
i
. e,4, A,Clerk
PDRes. #33-12
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PROPOSED PROFFER. STATENTENT
REZONING- RZ# 0 ?
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) Company d/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 29 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 being shown 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" definedas that rezoning which is in effect on the
day following the lastday 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 terra 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 Iand uses
pursuant to the mining 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 comply with such. provisions with
respect to such areas as are currently used by Frederick County as a park
and citizens' convenience center under agreement with the Applicant. With
respect to such areas currently used by Frederick. 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
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 the 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 II Archaeological Survey of the area adjacent to a
spring near the Martin farmhouse is being conducted.
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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
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 1 I 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 I 1 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 limited 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 Department of Transportation for the purposes
of expansion of Route 1 I (Valley Pike) to install additional lanes of travel and
other improvements associated with the Route 1.1 (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 land shall adversely affect the aforementioned buffer and screening then the
Applicant shall at its discretion alter, amend or relocate the aforementioned buffer
and screening.
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. Li htin
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. 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 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 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.
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Respectfully submitted,
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O -N MINERALS (CHEMSTONE) COMPANY
d/b/a CARMEUSE LIME & STONE
B James E. Bottom
Its: Area Operations Manager
COMMONWEALTH OF VIRGINIA, AT LARGE
COUNTY OF r=`r-::.,.....f , to -wit:
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The foregoing instrument was acknowledged before me this ��a ` day of
by James E. Bottom, Area Operations Manager of O -N
Minpr is (Chemstone) Company d/b/a Carmeuse Lime & Stone.
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"N CTARY "%
PUBLIC
My commission expires:® ;• REG 4362366
Registration number. o c, : MY CC)"OVISSICN
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19/30/20=00
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