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HomeMy WebLinkAbout05-17 PC Staff Report - November 2017REZONING APPLICATION #05-17 O-N MINERALS/dba CARMEUSE LIME & STONE Staff Report for the Planning Commission Prepared: November 1, 2017 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 11/15/17 Pending Board of Supervisors: 12/13/17 Pending PROPOSAL: To rezone 394.2+/- acres from the EM (Extractive Manufacturing) District with proffers to the EM (Extractive Manufacturing) District with revised proffers. The Middletown site was originally rezoned to the EM (Extractive Manufacturing) District with Rezoning #03-06 for O-N Minerals (Chemstone) which was approved in 2008. The Applicant is seeking to revise the proffers pertaining to viewshed plans, berms, landscaping and cemetery access. LOCATION: The properties are located west of the Town of Middletown. Specifically, the Middle Marsh Property is located east of Belle View Lane (Route 758), and west and adjacent to Hites Road (Route 625), and is further traversed by Chapel Road (Route 627). The Northern Reserve is bounded to the south by Cedar Creek, and is west and adjacent to Meadow Mills Road (Route 624). EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 11/15/17 PLANNING COMMISSION MEETING: The purpose of this application is to request a proffer amendment to Rezoning #03-06 for O-N Minerals (Chemstone) which was approved in 2008. Rezoning #03-06 rezoned 394.2+/- acres from the EM (Extractive Manufacturing) District with proffers. This amendment seeks to remove the previously proffered Overall Plan, Phasing I, II, III and IV Plans and the twelve viewshed plans which were all components of the General Development Plan (GDP). This rezoning seeks to eliminate these components and only utilize one GDP sheet. The proposed amendment also seeks to remove the maximum and minimum berm heights, revise the timing of the installation of the berms and seeks to removes the landscaping exhibit for the berms. The amendment also seeks to revises the entrance to one of the two cemeteries located on the site. All other proffers remain generally consistent with the 2006 approved rezoning and proffer statement. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address the impacts associated with this amendment. The Planning Commission should pay particular attention to the berm height amendments and cemetery access amendments proposed with this proffer amendment. Following the required public hearing, a recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Planning Commission. Rezoning # 05-17 CARMEUSE LIME & STONE November 1, 2017 Page 2 This report is prepared by the Frederick County Planning Staff to provide i nformation to the Planning Commission and the Board of Supervisors to assist them 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: 11/15/17 Pending Board of Supervisors: 12/13/17 Pending PROPOSAL: To rezone 394.2+/- acres from the EM (Extractive Manufacturing) District with proffers to the EM (Extractive Manufacturing) District with revised proffers. The Middletown site was originally rezoned to the EM (Extractive Manufacturing) District with Rezoning #03-06 for O-N Minerals (Chemstone) which was approved in 2008. The Applicant is seeking to revise the proffers pertaining to the to viewshed plans, berms, landscaping and cemetery access. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERS: 83-A-109 and 90-A-23 (portions of) PROPERTY ZONING: EM (Extractive Manufacturing) District PRESENT USE: Quarry and Undeveloped ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: EM (Extractive Manufacturing) Use: Shenandoah County East: RA (Rural Areas) Use: Residential/Agricultural West: RA (Rural Areas) Use: Residential/Agricultural PROPOSED USES: Quarry Rezoning # 05-17 CARMEUSE LIME & STONE November 1, 2017 Page 3 REVIEW EVALUATIONS: Frederick County Attorney: Please see attached email from Roderick B. Williams, County Attorney, dated June 26, 2017. Planning & Zoning: 1) Site History: The original Frederick County zoning map (U.S.G.S. Middletown Quadrangle) identifies 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 subject properties were rezoned to the EM (Extractive Manufacturing) District with the approval of Rezoning #03-06 on May 28, 2008 (see attached original proffers). 2) Comprehensive Plan: The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key components of Community life. 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. The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Land Use The subject properties are located within the Rural Areas of Frederick County and are outside of the limits of the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The Rural Areas land use designation is defined in the Comprehensive Plan as all areas outside of the designated Urban Development Area. The primary land uses in the Rural Areas are agriculture and forests. The primary growth pattern consisting of widely scattered, large lot residential development. Transportation and Access. The Eastern Road Plan of the Comprehensive Policy Plan does not cover this portion of the County. Per the 2006 rezoning, site access continues to be via the existing quarry entrance on McCune Road (Route 757) – See proffer 2.1 3) Historic: The Historic Resources Advisory Board (HRAB) reviewed the original 2006 rezoning Rezoning # 05-17 CARMEUSE LIME & STONE November 1, 2017 Page 4 application on December 20, 2005. This rezoning does not increase the historic impacts from the original rezoning application. Staff would note that the Applicant has completed the 8-acre land dedication to the Cedar Creek Battlefield Foundation as stated in proffer 3.1, as well as, the Phase I Archeological Survey per proffer 3.2. 4) Proffer Statement – Dated June 13, 2005; revised September 25, 2017: Proposed revisions from the approved proffer statement (please see attached redline copy of the proffer statement): • Proffer Introduction: This proffer amendment proposes to remove the previously proffered Overall Plan, Phasing I, II, III and IV Plans and the twelve viewshed plans. The amended proffer proposes to only utilize a Generalized Development Plan which was also part of the previously approved rezoning. o The proffered overall plan depicted the proposed quarry areas and the well monitoring locations. The proposed GDP shows future quarry activities, berm locations, but does not show the well monitoring locations. o The Phasing I, II, III and IV Plans of the GDP from the approved rezoning show a phasing sequence for the development of the property. While the phasing plans that were part of the proffered GDP are proposed to be removed with this amendment, the phasing text has been retained in proffer 15 and is consistent with the approved rezoning. • Site Development – Proffer 2.2 - Berm Height - This proffer amendment proposes to remove the maximum and minimum berm heights, revises the timing of the installation of the berms and removes the landscaping exhibit: o Berms were proffered with a maximum height of 30 feet and a minimum height of 10 feet. The amendment removes all reference to the height of the berms. o Berm Installation - Berm A and Berm B were to be installed within 10 years of the approval of the proffer (2018) and Berm C and Berm D were to be installed no later than 10 years prior to the commencement of mining north of Chapel Road. The proffer now states that the berms will be installed prior to the commencement of any extraction of materials. o The amendment removes Exhibit 3 which pertained to the description of the plants to be installed on the berms. Staff Comment: Staff has concern regarding the total elimination of the berm height range proffer. If approved, the applicant would have total discretion on the berm heights provided. The applicant should provide additional information on the Rezoning # 05-17 CARMEUSE LIME & STONE November 1, 2017 Page 5 minimum proposed berm height or if a minimum berm height is regulated by the Virginia Department of Mines, Minerals and Energy (VDMME). • Historic Resources – Proffer 3.3 – This proposed amendment seeks to relocate the access for the second cemetery located on parcel 109. Access to this cemetery is currently provided via Marsh Book Lane which is a private right-of-way. The approved rezoning stated that the applicant would improve this right of way within 12 months of completion of the cemetery restoration. o This proffer amendment seeks to eliminate the Marsh Brook Lane access and provide a new right-of-way that would provide access to the cemetery to Chapel Road. o This amendment does not contain a timeline for the installation of this roadway and does not contain a backup if agency approval cannot be obtained for the new access point on Chapel Road. All other proffers remain generally consistent with the 2006 approved rezoning and proffer statement. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 11/15/17 PLANNING COMMISSION MEETING: The purpose of this application is to request a proffer amendment to Rezoning #03-06 for O-N Minerals (Chemstone) which was approved in 2008. Rezoning #03-06 rezoned 394.2+/- acres from the EM (Extractive Manufacturing) District with proffers. This amendment seeks to remove the previously proffered Overall Plan, Phasing I, II, III and IV Plans and the twelve viewshed plans which were all components of the General Development Plan (GDP). This rezoning seeks to eliminate these components and only utilize one GDP sheet. The proposed amendment also seeks to remove the maximum and minimum berm heights, revise the timing of the installation of the berms and seeks to removes the landscaping exhibit for the berms. The amendment also seeks to revises the entrance to one of the two cemeteries located on the site. All other proffers remain generally consistent with the 2006 approved rezoning and proffer statement. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address the impacts associated with this amendment. The Planning Commission should pay particular attention to the berm height amendments and cemetery access amendments proposed with this proffer amendment. Following the required public hearing, a recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Planning Commission.