HomeMy WebLinkAbout01-01 Revocation of CUPATTENTION
Reminder from third floor: See attached email
Ruling from Judge Prosser allows the CUP for Keith and S. Blaine Wilson to
operate until Marcj 11, 2005.
Wilson Shale Mining
Subject: Wilson Shale Mining
Date: Mon, 11 Mar 2002 11:56:11 -0500
From: Evan A Wyatt <ewyatt@co.frederick.va.us>
To: Richard Shickle <rshickle@shentel.net>, Lynda Tyler <bosltyler@yahoo.com>,
Gina Forrester <ginaf@visuallink.com>, Sidney Reyes <sreyes@visuallink.com>,
Chuck DeHaven <dni@crosslink.net>, Bill Rosenberry <rosenbwc@adelphia.net>,
Charles Triplett <lwfann@shentel.net>, Gene Fisher <gfisher@su.edu>,
Gene Fisher <gfisher@mnsinc.com>, George Kriz <gkriz@visuallink.com>,
Marie Straub <thestraubs@bigfoot.com>, Pat Gochenour <goch@visuallink.com>,
Rick Ours <rours@su.edu>, Rick Ours <rours@adelphia.net>,
Robert Morris <rmorris@shentel.net>, Roger Thomas <rthomas@visuallink.com>,
John Riley <jriley@co.frederick.va.us>, Kris Tierney <ktierney@co.frederick.va.us>
CC: Larry Ambrogi <lambrogi@co.frederick.va.us>,
Ellen Murphy <emurphy@co.frederick.va.us>,
Eric Lawrence <elawrenc@co.frederick.va.us>,
Patrick Davenport <pdavenpo@co.frederick.va.us>,
Abbe Kennedy <akennedy@co.frederick.va.us>, Jeremy Camp <jcamp@co.frederick.va.us>,
Rebecca Ragsdale <rragsdal@co.frederick.va.us>,
Renee' Arlotta <rarlotta@co.frederick.va.us>, Carol Huff <chuff@co.frederick.va.us>,
Beth Hall <bhall@co.frederick.va.us>, Jerry Copp <jcopp@vdot.state.va.us>,
Steve Melnikoff <smelnikoff@vdot.state.va.us>
The Planning Department was contacted by the County Attorney's Office
this morning to receive a briefing of the Circuit Court decision in the
Wilson Shale Mining appeal. As you know, the Wilson's contested the
fact that the County required the issuance of a Conditional Use Permit
for this operation due to the fact the a 1987 letter issued by the
Planning Department referred to a temporary use.
Judge Prosser decided that the 1987 letter was vague in that it did not
identify the temporary use, nor did it provide for a time limit for the
temporary use to cease. Therefore, Judge Prosser decided that the
Wilson Shale Mining operation would retain a grandfathered status for a
period not to exceed three years (March 11, 2005). The decision further
stated that the Wilsons would need to obtain a Conditional Use Permit
from Frederick County should they desire to continue this operation
following the three year period. (Please note that the decision allows
the Wilsons to utilize Route 645 under the grandfathered status).
Our department will provide a copy of this decision to all Board of
Supervisor and Planning Commission members once it becomes available.
Thank you,
Evan
1 of 1 3/11/2002 2:13 PM
��EDERICK C�RCUIT COURT - LAW
5 NORTH KENT STREET
AIKCHE%TER VIRGINIA 2260'
(540) 667-577-----
TO:
67-577OTO: RICHARD C. JHICKLE CASE NO. 069CL82000046-00
CHAIRMA�
EOARD OF SUPERVISOR'..'
107 NORTH KENT STREET
WINCHESTER. VA. 226011;
NOTICE OF ~J
YOU ARE
HEREBY
NOTIFIED
THAT
UNLESS
WITHIN
TWENTY-ONE
(21) DAYS
AFTER
SERVICE
OF THIS
NOTICE
OF MOTION
FOR
JUDGMENT
ON YOU,
RESPONSE IS
MADE BY
FILING
IN THE
CLERK'S OFFICE
OF
THE
COURT A
PLEADING
IN WRITING,
IN PROPER
LEGAL FORM'
JUDGMENT
MAY
BE
ENTERED
AQAIN%T
YOU BY DEFAULT,
DONE IN
THE NAME
OF THE
COMMONWEALTH
OF VIRGINIA
ON FEBRUARY
Q.
2002.
CLERK: REBECCA P. HOGAN
BY: Jr
---_-��------------_-_-~�. -^
ATTORNEY NAME: THOMAS MOORE LAW%ON
P. O. BOX 274�
WINCHESTER, VA. 22604
VIRGINIA:
IN THE CIRCUIT COURT FOR THE COUNTY OF FREDERICK
BLAINE WILSON
and
KEITH WILSON,
Petitioners,
V.
BOARD OF SUPERVISORS for
COUNTY OF FREDERICK, VIRGINIA
Serve: Richard C. Shickle, Chairman
107 North Kent Street
Winchester, Virginia 22601
Also Serve: Lawrence R. Ambrogi, Esquire
County Attorney for Frederick County
107 North Kent Street, Suite 202
Winchester, Virginia 22601
Respondents.
Law No. -
PETITION FOR WRIT OF CERTIORARI AND
APPEAL FROM DECISION OF THE BOARD OF SUPERVISORS
COMENOW the Petitioners, BLAINE WILSON and KEITH WILSON, (hereinafter referred
to as "Wilsons"), by counsel, and file this their Petition for Writ of Certiorari and Appeal ("Appeal")
from Decision of the Frederick County Board of Supervisors ("Board of Supervisors") rendered on
January 23, 2002 and in support of the same state the following:
This Court has jurisdiction of this matter pursuant to the CODE OF VIRGINIA.
2. The Wilsons respectfully assert that they have been aggrieved by certain actions and
decisions of the Board of Supervisors of January 23, 2002. At that hearing, the Board of Supervisors
unanimously voted to revoke the conditional use permit (CUP) previously issued to the Wilsons
based solely on the issue that at the time of the hearing, the Wilsons have been unable to complete
construction of the Virginia Department ofTransportation (VDOT) commercial entrance on property
located in an agricultural zoned (Rural Areas) district. Although the shale removal operation for
which the CUP was issued had been previously approved by the County in 1987 as a temporary use,
the County subsequently reversed its position and required the Wilsons to- obtain a CUP subject to
certain conditions, including but not limited to, construction of a permanent commercial entrance
for land zoned for agricultural and residential uses.
3. The Wilsons have been aggrieved by the Board's decisions of January 23, 2002 on
the following grounds:
a. The Board of Supervisors erred in requiring the Wilsons to obtain a CUP which
is the subject matter of Chancery No. CH -01-468, which is incorporated by reference
herein;
b. The Board of Supervisors erred in requiring the Wilsons as a condition of their
CUP for a temporary shale removal operation, to construct a permanent commercial
entrance as approved by VDOT on their property which is zoned Rural Areas (RA)
-2-
and surrounded by agricultural and residential uses;
c. The Board of Supervisors erred in revoking the Wilsons' CUP (CUP No. 0 1 -0 1)
on the sole basis that the construction of the commercial entrance as approved by
VDOT has not been completed at this time; and
d. The Wilsons reserve the right to cite additional points of error after they have
had an opportunity to review the Board's minutes which are not available as of the
time of the filing of this Appeal.
4. In light of the foregoing, the Wilsons are aggrieved by the decision of the Board of
Supervisors in CUP No. 01-01 and respectfully request the following:
a. That the Court issue a Writ of Certiorari in the form attached hereto and that
the same be served upon the Board of Supervisors requiring that a verified return be
made within thirty (30) days of the originals or certified copies of all exhibits,
transcripts or other papers considered by the Board of Supervisors in making its
decision in CUP No. 01-01, and that such returnshall concisely relate such facts that
may be pertinent and material to show the grounds of the decision appealed from.
b. That the Court schedule a hearing on this matter and take such testimony and
receive such evidence as necessary for the proper disposition of this Petition.
-3-
c. That the Court reverse the foregoing decisions of the Board of Supervisors with
regards to CUP No. 01-01.
WHEREFORE, the Wilsons respectfully request that the Court prescribe the time within
which a return must be made; that it take such testimony it deems proper; that it reverse the
foregoing decisions of the Board of Supervisors; and that it grant such other and further relief as the
nature of its case may require.
Deborah M. Chandler, Esquire
Virginia Bar. No. 42654
LAWSON AND SILEK, P.L.C.
P.O. Box 2740
Winchester, VA 22604
(540) 665-0050
Counsel for Petitioners
-4-
Respectfully submitted,
BLAINE WILSON and
KEITH WILSON
By Counsel
107 North Kent Street • Winchester, irginia 22,601-5000
Notes (Shale Mining Regulations & Wilson Property):
PINS: 76-A-137 & 76 -A -137A
Original Zoning: A-2
Current Zoning: RA
----------------------------------------------------------------------------------------------------------------------
8/19/87 Letter from Robert W. Watkins, of the Planning Department, to Blaine and
Keith.
(Approved shale mining as a temporary use. Provided notice that a rezoning
would be required if the use became intensive enough.)
2/10/88 Zoning Ordinance Amended to allow shale mining with a CUP, if the
following conditions are met:
1) All mining shall be above the mean grade level of a parcel of land.
2) All mining operations shall meet all applicable requirements of State and
Federal agencies.
3) Such mining operations shall meed the landscaping and screening
requirements, supplementary regulations, height, area and bulk
regulations, and site plan requirements contained in the EM, Extractive
Manufacturing District Regulations.
(Not a permitted use prior to this amendment)
2/10/88 Zoning Ordinance Amended to provide a definition of mining.
mining:
The breaking or disturbing of surface soil or rock in order to remove minerals
to make them suitable for commercial, industrial, or construction use, but not
including excavating or grading when conducted in aide of on-site farming or
constructions.
(Note: permitted for on-site agriculture or on-site construction.)
5/10/89 A-1 and A-2 Districts combined to become RA District.
(Same regulations added 2/10/88 apply today in RA District)
Attachments
U. VeremylResearch and NoteslNotes (ShaleMining).wpd
32
,•-�+ yes vr�+o la:�r. ]��try ;vaacn
August 19, 1907
Blaine Wilson and Keith Wilson
Wilson's BuLiding Servica, Inc.
2164 Pspartmili Road
W►achast®er, Virginia 33601
Dear Blaine and Kaith:
[N-partr=nm 9f Planaair.g zid auilding
707J5B9�S6g0
LYNCHSUK:; 0MCL
It is our understanding that you will be removiAS Shale from tax parcels
76000-A0O-0000-0000-137-A and 7600-AOO-0000-0000-131-0 in order to grade and
improve the site. Also, it is our understanding that the removal of &hale will
bo a temporary use and that it will not constitute the establishment of an
Sxtrsctivt industry.
Tf the use becomes peemanent or intensive enough to constitute an extracciva
industry, a reson.in& to the IN (Rxtractive Manufacturing District) will be
required. However, it is our opinion that the temporary removal or matariala
for the purpose of improving a Sita, is sn allovad activity in the A -Z,
Agricultural General District.
I£ more than 10,000 square feet of Brea is to be disturbed, you will be
niquirxd to obtain a land discdrbanee permit from the County.
ie you have arty further goastions, please do not hesirare to call.
5incdrtly,
Robert W. Watkins
Planoinb Director
9ww1dkz
9 court 5quarc - P_0. Rex 601 - Winchester, Virginia - 22601
O11111 3/88
An ordiliance to amend the Frederick County Code, Chapter 21, Zoning,
A-1 (Agricultural Limited) District, Section 3-2, Use Regulations,
with the addition of funeral homes and cemetery office complexes in
cemeteries.
01/13/88
An ordinance to amend the Frederick County Code, Chapter 21, Zoning,
A-2 (Agricultural General) District, Section 4-2, Use Regulations,
with the addition of funeral homes and cemetery office complexes in
cemeteries.
02/10/88_'
An ordinance.to,,amend the Frederick County Code, Chapter,21, Zoning,
Article I, In General, 1-1.111,'Additional Definitions, to add the
definition ofmining.
02/10/88=
An ordinance' to amend the Frederick County Code, Chapter 21, Zoning,.
Art icle,IV,` A-2 (Agricultural General),``4-2 Use Regulations, Section
4-2-29,"Permitted Exceptions with a Conditional Use Permit;'.to add
,sand, shale,`and clay mining above the. mean existing grade level.
02/10/88
An ordinance to amend the Frederick County Code, Chapter 21, Zoning,
Article III, A-1 (Agricultural Limited), 3-2 Use Regulations, Section
3-2-26, Permitted Exceptions with a Conditional Use Permit, to add
sand, shale, and clay mining above the mean existing grade level.
03/09/88
An ordinance to amend the Frederick County Code, Chapter 21, Zoning,
to amend Article I, Amendments to Chapter. This ordinance provides
text amendments to Sections 1-5-1 through 1-5-4.
04/13/88
An ordinance to amend the Frederick County Code, Chapter 21, Zoning,
to amend Article V, Residential Performance District, Section 5-9-3,
Phasing, by the addition of Section 5-9-3.5.
05/11/88
An ordinance to amend the Frederick County Code, Chapter 21, Zoning,
to amend Article I, In General, Section 1-1-12 (Automobile Graveyard)
and to add Section 1-1-111.3 (Inoperable Motor Vehicle).
05/11/88
An ordinance to amend the Frederick County Code, Chapter 21, Zoning,
B-1 (Business Limited) District, Article X, Section 10-1 (Statement
of Intent) and Section 10-7 (Use Area Requirements). This amendment
states that average floor area of uses on a parcel will not exceed
3,000 square feet.
06/08/88
An ordinance to amend the Frederick County Code, Chapter 21, Zoning,
Article IV, Section 4-2, Use Regulations, by the addition of
4-2-29.26 and 4-2-3. This amendment allows retail nurseries and
landscape contracting businesses.
6/30/88
An ordinance to amend the Frederick County Code, Chapter 21, Zoning,
to amend Article V, Residential Performance District, Sections 5-4,
Open Space Requirements, and 5-6, Dimensional Requirements.
V1
�4 f :C.:
V; .V`'y ,V'>>
21-22 Frederick County Code 21-26
Sec. 21-21. Special provisions for corner lots.
(a) Of the two sides of the corner lot the front shall be deemed
to be the shortest of the two sides fronting on streets.
(b) The minimum side yard on the side facinq the side street
shall be thirty-five or more for both main and accessory building.
(c) Each corner lot shall have a minimum width at its setback
line of two hundred feet.
Sec. 21-22 to 21-24. Reserved.
Article IV. Agricultural, General District A-2.
Sec. 21-25. Statement of intent.
This district is designed -primarily to accommodate farming and
kindred rural activies. While the basic aim is to preserve and promote
this utilization of the land, the uses permitted are broad enough to
allay development of urbanized areas, since it is recognized that
certain rural areas logically may be expected to develop in this
manner. This district is established for the specific purpose of:
(a) Providing for the orderly expansion of urban development into
territory surrounding incorporated areas within or adjacent to the
county.
(b) Encouraging such development in locations that can feasibly
be supplied urban -type facilities, and
(c) Discouraging the random scattering of residential,
commercial, and industrial uses within the area.
Sec.` 21-26: Use regu3ations.
In Agricultural District A-2, structures to be erected or land to
be used shall be for one or more of the following uses:
(a) Single-family dwellings and mobile homes.
(b) Agriculture, general farming, dairying and forests.
(c) Orchards, nurseries and horticulture.
(d) Open space outdoor recreation, athletic, or park facilities.
(e) Schools.
(f) Public parks and playgrounds.
(g) Churches.
Supp. #1, 10/76
204 Rev. 4/82
T
21-26 Zoning 21-26
(h) Professional office within dwelling.
(i) Veterinary or dog or cat hospital.
(j) Preserves and conservation areas.
(k) Winchester Airport.
(1) Home Occupation, as defined.
(m) Public utility generating, booster or relay stations,
transformer substations, transmission lines and towers, pipes, meters
and other facilities for the provision and maintenance of public
utilities, including railroads and facilities, and water and sewer
facilities and lines.
(n) Off-street parking as required by this chapter.
(o) Accessory uses as defined, however, garages or other
accessory structures such as carports, porches, and stoops attached to
the main building shall be considered part of the main building. No
accessory structure shall be closer than 15' to any property line.
(p) Business signs.
(q) Location signs.
(r) Church bulletin boards and identification signs and signs for
nonprofit service clubs and charitable associations, off premise signs
not to exceed eight square feet.
(s) Directional signs.
(t) Home occupation signs.
(u) Radio and television towers and their accessory buildings,
meeting all requirements of all agencies having control over their use
and location.
(v) Fire stations, companies and rescue squads.
(w) Frederick County Sanitary Landfill.
(x) Permitted exceptions with conditional use permit:
(1) Poultry and egg production, including hatcheries.
(2) Fish hatcheries and fish processing.
(3) Manufacturing or sale of feed and other farm supplies.
(4) Fruit packing plants.
(5) Convalescent and nursing homes.
205 Suppl. #1, 10-76
Revised 6/79,'8/79, and
5/80, 5/5/82, 10/1/82
21-26 Frederick County Ccde 21-27
(6) Gift and antique shops.
(7) Motels.
(8) Deleted 10/1/82
(9) Television or radio stations.
(10) Hog Farms.
(11) Restaurants.
(12) Cemeteries.
(13) Wayside stands.
(14) Campgrounds: Tourist camps, family campgrounds, travel
S trailer camps, camping resorts, recreation areas on which three or more
campsites are occupied or seasonal facilities maintained or directly
related to outdoor recreation, such as: Camping, lodging, picnicking,
boating, fishing, swLTming, outdoor games and sports but not including
mechanical amusement devices or permanent mobile horre parks, (As
defined by County Code Section 21-1.)
(15) Grocery Stores.
/ (16) Service stations.
(17) Kennels.
(18) Auction houses.
(19) Cottage occupation, as defined.
(20) Garage Public - Provided that the following conditions
shall be met:
- All repair work shall take place entirely within an
enclosed structure.
- All exterior storage of parts and equipment shall be
screened from view of surrounding properties by a
solid artificial or compact natural screen of at least
five (5) feet in height, which shall be adequately
maintained as long as such exterior storage is
continued.
- The Planning Commission or Board of Supervisors may
require additional screening ,mere it deems necessary
to protect surrounding properties.
- The Planning Commission and Board of Supervisors shall
determine that the proposed use will have no adverse
effects on surrounding properties.
206 Suppl. 41, 10/76
Revised 6/81,
10/1/82
21-26 Frederick County Code 21-2',
(21) Nationally chartered fraternal lodges and civic clubs
and their related club facilities.
(22) Commercial outdoor recreation, athletic, or park
facilities.
(23) Garage, Body Repair - Provided that the following
conditions are met:
- A11 repair work shall take place entirely within an
enclosed structure.
- All exterior storage of parts and equipment shall be
screened from view of surrounding properties by a
solid artificial or compact natural screen of at
least five (5) feet in height, which shall be
adequately maintained as long as such exterior
storage is continued.
- The Planning Commission or Board of Supervisors may
require additional screening where it deems necessary
to protect surrounding properties.
- The Planning Commission and Board of Supervisors
shall determine that the proposed use will minimize
adverse effects on surrounding properties.
(24) Sawmills and Planing Mills, Type B.
(25) Ambulance Service, as defined.
(y) Oil and Natural Gas Exploration: Provided the requirements
as outlined under Title 45.1, Chapter 12 (Oil and Gas) of the Code of
Virginia, 1950, as amended have been satisfied and the Planning
Commission has reviewed and approved the Site Plan and Erosion and
Sedimentation Control Plan. Approval shall be for ninety days with
subsequent renewals being approved by the Planning Commission. If a
resource is discovered and extraction of the resource is anticipated,
the applicant shall file with Administrator an application for
rezoning.
(z) Group Homes, as defined.
(aa) Sawmills and Planing Mills, Type A.
(bb) Post Offices.
Sec. 21-27. Area regulations.
The minimum lot area for permitted uses shall be one acre.
- Suppl. #1, 10/76
Revised 6/81, 4/82
9/1/82, 10/5/82
206.1 3/14/83
i`
J 1111 t v
/ % • t y i :L F,
1
�[� y�� L
The intent of this zoning district is to maintain
the rural character of large portions of the County
Z1-4-1
ARTICLE IV
RURAL AREAS DISTRICT, RA
4-1
STATE4ENT OF INTENT
The intent of this zoning district is to maintain
the rural character of large portions of the County
and to accommodate farming, forestry and other open
space uses. Residential, business and other uses
are allowed that do not conflict with the rural
nature of the zoning district.
4 =;
4 2
'ALLOWED USES
Structures and land shall be used for one of the
following uses:
4-2-1
Agriculture, farming, dairies, and forestry.
4-2-2
Orchards, horticulture and the production of
nursery stock and products.
4-2-3
Single family dwellings.
4-2-4
Mobile homes.
4-2-5
Schools.
4-2-6
Public parks and playgrounds.
4-2-7
Churches.
4-2-8
Home Occupations.
4-2-9
Veterinary office, clinic, or hospital.
4-2-10
Natural conservation areas.
4-2-11
Winchester Airport
4-2-12
Group homes.
4-2-13
Fire stations, companies and rescue squads.
4-2-14
Frederick County sanitary landfill.
21-4-2
4-2-15 Commercial and institutional cemeteries with or
without funeral homes or cemetery office complexes.
4-2-16 Post offices
4-2-17
Radio and television towers and their accessory
buildings.
4-2-18
Public utility generating, booster or relay
stations, transformer substations, transmission
lines and towers, pipes, meters and other
facilities, railroad facilities, and sewer and
water facilities and lines owned by public
utilities, railroad companies, or public agencies.
4-2-19
Required off-street parking.
4-2-20
Oil and natural gas exploration, provided that the
following requirements are met:
4-2-20.1 All requirements of the Code of Virginia, as
amended and all applicable federal, state, and
local regulations shall be met.
4-2-20.2 A site plan shall be reviewed and approved meeting
all requirements of the Frederick County code.
4-2-20.3 Approval of the site plan and use shall be for
ninety days with subsequent renewals being approved
by the Planning Commission.
4-2-20.4 In order to begin extraction of the resource, a
rezoning to the EM, Extractive Manufacturing zoning
district will be required.
4-2-21 Business signs
4-2-22 Directional signs
4-2-23 Cottage occupation signs
4-2-24 Accessory uses.
4-3 CONDITIONAL USES
The following uses of structures and land shall be
allowed only if a conditional use permit has been
granted for the use.
21-4-3
4-3-1
Poultry farms and hatcheries and egg production.
4-3-2
Fish hatcheries and fish production.
4-3-3
Hog farming.
4-3-4
Fruit packing plants.
4-3-5
Manufacture or sale of feed and other farm
supplies.
4-3-6
Off premise wayside stands
4-3-7
Country general'stores.
4-3-8
Service stations.
4-3-9
Antique shops.
4-3-10
Restaurants.
4-3-11
Kennels.
4-3-12
Television or radio stations.
4-3-13
Motels.
4-3-14
Auction houses.
4-3-15
Campgrounds, tourist camps, recreation areas, and
resorts.
4-3-16
Commercial outdoor recreation, athletic, or park
facilities.
4-3-17
Nationally chartered fraternal lodges or civic
clubs, social centers and their related facilities.
4-3-18
Sawmills and planing mills, type S.
4-3-19
Ambulance service.
4-3-20
Retailing or wholesaling of nursery stock and
related products.
4-3-21
Landscape contracting businesses.
21-4-4
4-3-22 Public garages without body repair, provided that
the following conditions are met:
4-3-22.1 All repair work shall take place entirely within a
enclosed structure.
4-3-22.2 All exterior storage of parts and equipment shall
be screened from view of surrounding properties by
an opaque fence or screen at least five (5) feet in
height. This fence or screen shall be adequately
maintained.
4-3-23 Public garages with body repair, provided that the
following conditions are met:
4-3-23.1 All repair work shall take place entirely within an
enclosed structure.
4-3-23.2 All exterior storage of parts and equipment shall
be screened from view of surrounding properties by
an opaque fence or screen at least five (5) feet in
height. This fence or screen shall be adequately
maintained.
Sand, shale and clay.m.ning," provided,,,. that the
``" following :conditions .are _`met
4„3 r24 2 All ning . shall be above the mean existing grade
_ level ;.._af a..parcel af::eland.: _
4 3 24 2 A1Z mining operations shall meet all applicable
_ w
requirementsof State and Federal agencies:
4-3-
24 3 Such min.Lng operations shall meet the landscaping
and,re _.
'screening quirements,Tsupplementary .
regulations�-;,height, area and'.'bulk.regulations,.and
site pian requirements contained
Extractve,Ma�iufacturing .,District :Regulations i
4-4 DIMENSIONAL REQUIR TS
4-4-1 LOT AREA REQUIREMENTS
The minimum lot area for permitted uses shall be
one acre.
21-19-11
19-1-970 LOT LINE, REAR - The lot line opposite and parallel to the front lot
line, or within forty-five (45) degrees of being parallel to the front lot
line.
19-1-980 LOT LINE, SIDE - Any lot line other than side or rear lot lines -
19 -1-990 LOT OF RECORD - A lot for which a plat or survey description has
been legally recorded with the Frederick County Clerk of the Court.
19-1-1000 LOT WIDTH - The horizontal distance between side lot lines.
19-1-1010 MANUFACTURING - The mechanical or chemical transformation of
materials and substances into new products, including the assembly of
component parts and the blending of materials -
19 -1-1020 MANUFACTURED HOME - a structure, transportable in one (1) or
more sections, which in the travel mode is eight (8) body feet or more in
width or forty (40) body feet or more in length, or, when erected on site
is three hundred twenty (320) or more square feet, and which is built on
a permanent chasis and designed to be used as a dwelling with or without
a permanent foundation when connected to the required utilities, and
includes the plumbing, heating, air conditioning, and electrical systems.
19-1-1030 MASTER DEVELOPMENT PLAN - A general plan of development
approved by the Board of Supervisors for new developments in certain
zoning districts before subdivision or site plan approval, according to the
requirements of this Chapter.
19-1-1040 MINIMUM LANDSCAPED AREA - The minimum area or portion of
a lot or parcel that must be landscaped with grass, vegetation or other
landscaping materials not including pavement or structures.
19-1-1050 MINING - The breaking or disturbing of the surface soil or rock in order
to remove minerals to make them suitable for commercial, industrial, or
construction use, but not including excavation or grading when conducted
in aid of on-site farming or construction.
19-1-1060 MOBILE HOME PARK - A parcel of land under single ownership on
which two (2) or more mobile homes are located -
19 -1-1070 MOBILE HOME SUBDIVISION - A subdivision designed or intended
for the sale of lots for siting mobile homes.
Rev. 8-12-92
08/24/88 An ordinance to amend the Frederick County Code, Chapter 21, Zoning,
to amend Article VI, Master Development Plans.
01/25/89 An ordinance to amend the Frederick County Code, Chapter 21, Zoning,
to create a new zoning district: Article XVII, HE (Higher Education)
District.
01/25/89 An ordinance to amend the Frederick County Code, Chapter 21, Zoning,
Article XIV, M-1 (Light Industrial) District, Section 14-2, Allowed
Uses, to allow regional criminal justice, enforcement, and detention
facilities for Frederick County, Clarke County, and the City of
Winchester.
03/08/89 An amendment to the Frederick County Code, Chapter 21, Zoning,
Article XIV, M-1 (Light Industrial) District, Section 14-2, Permitted
Uses, to allow the manufacture of concrete block, brick and related
products.
04/12/89 An amendment to the Frederick County Code, Chapter 21, Zoning,
Article VI, Master Development Plans, Section 6-8, to permit the
Board of Supervisors to adopt a schedule of fees associated with the
review of master development plans.
04/12/89 An amendment to the Frederick County Code, Chapter 21, Zoning,
Article I, In General, Section 1-5-1.2 to allow the Board of
Supervisors to establish a schedule of fees for rezoning review
costs.
04/12/89 An amendment to the Frederick County Code, Chapter 21, Zoning,
Article VI, Master Development Plans, adding to Sections 6-2-1,
__ 6-3-1, and 6-5-3, Requirements for a Master Development Plan in the
R-4 (Residential Planned Community) and R-5 (Residential Recreational
Community) Zoning Districts.
05/10/89 An amendment to the Frederick County Code, Chapter 21, Zoning,
Article IX, Mobile Home Community District, providing general
revisions to that article, including amendments to subdivisions,
perimeter setbacks, streets, and sewer and water.
5/10/89 An amendment to the Frederick County Code, Chapter 21, Zoning,
Article II, Districts Generally, to add Section 2-8, Buffers and
Screening. This section will add comprehensive provisions for
separating various uses through the use of buffers and screens.
5 10/89 An amendment CoK ChapCer 21 of -the. Frederick Count' Code, Zoningbrdinance'; combining the ,.A i (.Agricultural Limited? and", the A 2
�Agr cultural General) ZdnLng'DLstrLcts to form the RA (Rural Areas)`
Zan ag DlstrIeft anc provridrng general revisLan.s' to- that dLstrLct.
vii
January 24, 2002
Mr. S. Blaine Wilson
Mr. Keith A Wilson
881 W. Parkins Mill Road
Winchester, VA 22602
COUNTY of FREDERICK
Department of Planning and Development
RE: CUP #01-01 OF S. BLAINE WILSON AND KEITH A. WILSON
Property Identification Numbers 76-A-137 and 76 -A -137A
Dear Mr. Wilson:
540/665-5651
FAX: 540/665-6395
This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on
January 23, 2002.
The Board of Supervisors, by unanimous vote, have revoked Conditional Use Permit #01-01 for a Shale
Mining Operation on the referenced parcels effective immediately. No further shale mining or activities
associated with a shale mining operation shall be permitted on these parcels unless a new Conditional
Use Permit is approved by the Frederick County Board of Supervisors. At least twelve (12) months shall
expire before another Conditional Use Permit application of substantially the same land can be
considered by Frederick County.
If you have any questions regarding this action, please feel free to call this office.
Sincerely,
Evan A! Wyatt
Director
EAW/ch
cc: W. Harrington Smith, Jr., Shawnee District Supervisor
Robert A. Morris, Shawnee District Planning Commissioner
William C. Rosenberry, Shawnee District Planning Commissioner
Lawrence R. Ambrogi, County Attorney
Ellen E. Murphy, Commissioner of the Revenue
Thomas M. Lawson, Lawson and Silek P.L.C.
O VAgendas\Approval Itis\CUP's\2002\Wi1son CUP Revocation.wpd
107 North Kent Street • Winchester, Virginia 22601-5000
COUNTY of FREDERICK
Department of Planning and Development
MEMORANDUM
TO: Frederick County Board of Supervisors
FROM: Evan A. Wyatt, Planning Director
540/665-5651
FAX: 540/665-6395
RE: Continuation or Revocation of Conditional Use Permit #01-01 for S. Blaine and
Keith A. Wilson
DATE: January 16, 2002
The Frederick County Board of Supervisors approved Conditional Use Permit (CUP) #01-01 for S. Blaine
and Keith A. Wilson on July 11, 2001 to allow for a shale mining operation on Parcels 76-A-137 and 76 -A -
137A in the Shawnee Magisterial District. This CUP was approved with the following conditions:
1) All review agency comments and Frederick County Zoning Ordinance requirements, including
the EM District requirements applicable to this site, shall be complied with at all times.
2) A state mining permit shall be kept current as required by the Code of Virginia.
3) No commercial mining operation shall occur until an approved VDOT entrance is constructed
4) No vehicular traffic involved in the shale mining operation shall travel on Airport Road west
of the site's entrance.
5) A schematic plan illustrating the current conditions of the subject properties shall be submitted
to the Planning Department within 30 days of approval of the Conditional Use Permit. A site
plan must be submitted to, and approved by, the County prior to further expansion of the shale
mining operation.
Violation of Condition
Staff received numerous telephone calls between the dates of October 5, 2001 and October 16, 2001 from
citizens within the proximity of the shale mining operation to file formal complaints against the Wilson Shale
Mining Operation. The essence ofthese complaints pertained to the alleged violation of Condition #3, which
107 North Kent Street o Winchester, Virginia 22601-5000
Page 2
Frederick County Board of Supervisors
Re: Continuation/Revocation CUP #01-01 of S. Blaine & Keith A. Wilson
January 16, 2002
prohibited commercial mining operations until an approved VDOT entrance was constructed by the
applicants. Staff conducted three site inspections in response to the formal complaints on October 9, 2001,
October 12, 2001, and October 16, 2001. Each site inspection substantiated the formal complaints, as staff
observed and documented trucks hauling shale leave the Wilson property and proceed easternly along Airport
Road (Route 645) to Millwood Pike (Route 50 West). Subsequent to the November 7, 2001 Planning
Commission consideration of this issue, staff received another formal complaint regarding shale mining
activity occurring on the Wilson property. Staff substantiated the formal complaint on November 28, 2001
through a site inspection of the Wilson property.
Commercial Entrance Requirements
The Virginia Department of Transportation (VDOT) provided information pertaining to commercial entrance
standards during the CUP review process. The VDOT comment, dated July 2, 2001, identifies the following
items to comply with their minimum entrance standard requirements for this application:
1) The provision of 350 feet of unobstructed sight distance based on the posted 35 MPH speed limit.
2) The provision on a 30 -foot entrance with a 25 -foot minimum radii to accommodate truck traffic.
3) The provision of 8 inches of 21-B aggregate base stone with 2 inches of SM -12.5 asphalt pavement.
4) A joint use agreement between Mr. Wilson and Mr. Turner as both land uses share this access.
* Staff Note: Item #4 may be rescinded by VDOT if it can be proven that Mr. Wilson owns the 30 foot
right-of-way in fee simple.
Planning Commission Summary & Action of 11/07/01
Seven residents along Airport Road spoke publicly before the Commission regarding this issue. Those
residents who spoke preferred the CUP be revoked because the Wilsons were in violation of the conditions
of their permit; however, some of the residents said they would not have a problem with the operation, if the
entrance was moved to Parkins Mill Road (Rt. 644), which they believed was wider and safer. The issues
expressed by the residents included concern for the safety ofneighborhood children and school buses in light
of the narrowness of Airport Road and the numbers of trucks, the disturbance created by trucks accessing
the sight in the early morning hours, and possible silt pollution coming from the site.
The applicant's representative stated that a court hearing to resolve the issue of whether or not this use is
legally nonconforming is scheduled for December 13, 2001. The applicant's representative also pointed out
that there have been ongoing discussions with the Virginia Department of Transportation (VDOT) and civil
engineering firms regarding design of an acceptable entrance.
A VDOT representative stated that their discussions with the applicant's representatives were preliminary
and VDOT has not yet received anything on paper that they can officially comment on.
Page 3
Frederick County Board of Supervisors
Re: Continuation/Revocation CUP #01-01 of S. Blaine & Keith A. Wilson
January 16, 2002
The Planning Commission discussed and considered the following options:
1) Revision of Condition #3 to specify a time requirement for the installation of the commercial
entrance and to allow for shale mining and hauling to occur in the interim.
2) Advise the applicant that any further violation of Condition #3 as currently written will result in
automatic recommendation of revocation of CUP #01-01.
3) Recommendation of revocation of CUP #01-01.
The Planning Commission focused on Option #1, which would allow the continuation of the operation with
a time requirement for the installation of the commercial entrance. By a majority vote, the Commission's
recommendation to the Board was to replace Condition #3 ofthe CUP with the statement, "An entrance must
be installed and approved by VDOT by May 1, 2002; any violation of the conditions after May 1, 2002 will
result in an automatic recommendation of revocation of CUP #01-01." In addition, during that specified
time, the Wilsons have the right to operate off of the property; however, should the Wilsons fail to comply
by May 1, 2002, they would either need to use an entrance off of Parkins Mill Road (Rt. 644) or the CUP
will be recommended for revocation.
The vote was as follows:
YES (TO ALLOW CONTINUATION WITH AMENDMENT TO CONDITIONS): Triplett, Thomas,
Light, Morris, Unger
NO: Fisher, Kriz, Ours, Watt
ABSTAIN: DeHaven
0:\Agendas\COMMENTS\CUP's\2001\BlaineWilsonContinuationOrRevocationOfCUP01-01—BOS.wpd
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
N IFICArl JAI Jr PUBLIC HEARING
January 9, 2002
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS
RE: THE CONTINUATION OR REVOCATION OF CONDITIONAL USE PERMIT
#01-01 OF S. BLAINE WILSON AND KEITH A. WILSON
On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing
being held on January 23, 2002 at 7:15 p.m. in the board room of the Frederick County
Administration Building at 107 N. Kent Street, Winchester, Virginia to consider the following:
The Continuation or Revocation of Conditional Use Permit #01-01 of S. Blaine Wilson and
Keith A. Wilson for shale mining. The properties are located at 881 W. Parkins Mill Road and are
identified with Property Identification Numbers 76-A-137 and 76 -A -137A in the Shawnee Magisterial
District.
Any interested parties having questions or wishing to speak may attend this public hearing. A copy
of the application will be available for review at the Handley Library approximately one week prior
to the meeting, or at the Department of Planning and Development located at 107 North Kent Street
in Winchester, Virginia.
Sincerely,
(,L .
Evan A. Wyatt
Director
EAW/ch
O:\Agendas\Adjoiner Ltrs\2001\B1aineWilson_CUP2.wpd
107 North Kent Street • Winchester, Virginia 22601-5000
This i to certify that the attached correspondence was mailed to the following on
from the Department ofPlanning and Development, Frederick
Cou Virginia" "
76 - A- - 137-E
TAYLOR, ALVIN STEWART JR & CARMEN K
76 - A- - 136-A 1756 AIRPORT RD
FRYE, GARLAND R & LEONA V WINCHESTER, VA 22602-4514
& JAMISON, DONNA LEE
PO BOX 1895 76 - A- -138-
WINCHESTER, VA 22604-8395 VAN METER, LAURA S
76 -A- -136-B
JENKINS, JACK JR. & MARY J.
970 W PARKINS MILL RD 22602-4741
WINCHESTER,VA
76 - A- -136-C
HOVERMALE, HERBERT MICHAEL
1012 W PARKINS MILL RD 22602-4742
WINCHESTER, VA.
76 - A- -137-C
BENNETT, MICHAEL A & LINDA D
771 W PARKINS MILL RD
WINCHESTER, VA 22602-4750
76 - A- - 137-0
WILSON, S BLAINE
1544 AIRPORT RD
WINCHESTER, VA 22602.4533
77 - A- - 19 -
HOLLAND, JOHN B & ALICE M TRUSTEES
2145 DEED CT
VIENNA, VA 22181
77 - A- - 20-A
HOOVER, RAY D & BETTY M
1946 AIRPORT RD
WINCHESTER, VA. 22602-4516
77-A--21-
BROWN, WALLACE H. & MAE C.
1181 W PARKINS MILL RD
WINCHESTER, VA 22602-4754
3076 SHAWNEE OR
WINCHESTER, VA 22601-4288
Evan A. Vf yatt, Plan#g Director
Frederick Co. Planning Dept.
STATE OF VIRGINIA
COUNTY OF FREDERICK
Co. h—F(h�ttj. .
I, ��Ah OLh 11 , a Notary Public in and for the State and County
aforesaid, do hereby certify that Evan A. Wyatt, Planning Director for the Department of Planning
and Development, whose name is signed to the foregoing, dated I , ICD C". , , has
personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this I (()f h day of 1Fnl fj
My commission expires on
1�
�AR-Y PUBLIC
77 - A- - 22 -
JOHNSON, JOSEPH B. JR.
1105 W PARKINS MILL RD
WINCHESTER, VA. 22602-4754
77 - A- - 24-
GOLIGHTLY, EDWARD F.
1025 W PARKINS MILL RD
WINCHESTER, VA. 22602-4753
77 - A- - 27 -
BAKER, ERIC B
& HELM, KAREN BAKER
425 PINE RD
STEPHENSON, VA 22656.2217
77 -1- - 5 -
CHASE, ROBERT T & EDNA E
1681 AIRPORT RD
WINCHESTER, VA 22602-4529
76 - A- - 133-
KIBLER, MATTHEW P JR & JOHN A
3648 WASHINGOTN BLVD
BALTIMORE, MO. 21227
76 - A- - 134.
SWEET, JOHN L. & MARJORIE M.
894 W PARKINS MILL RD
WINCHESTER, VA. 22602-4740
76 - A- - 135 -
FUNK, HERBERT W.
900 W PARKINS MILL RD
WINCHESTER, VA. 22602-4741
76 - A- - 136-
SIMPSON, GEORGE C.
914 W PARKINS MILL RD
WINCHESTER, VA. 22602.4741
76 - A- - 137-B
TURNER, NICKSON P & BRENDA
1810 AIRPORT RD
WINCHESTER, VA 22602.4515
COUNTY of FREDERICK
Department of Planning and Development
iviVEINI0 taNDUM
TO: Frederick County Board of Supervisors
FROM: Evan A. Wyatt, Planning Director
YJ
540/665-5651
FAX: 540/665-6395
RE: Continuation or Revocation of Conditional Use Permit #01-01 for S. Blaine and
Keith A. Wilson
DATE: December 6, 2001
The Frederick County Board of Supervisors approved Conditional Use Permit (CUP) #01-01 for S. Blaine
and Keith A. Wilson on July 11, 2001 to allow for a shale mining operation on Parcels 76-A-137 and 76 -A -
137A in the Shawnee Magisterial District. This CUP was approved with the following conditions:
1) All review agency comments and Frederick County Zoning Ordinance requirements, including
the EM District requirements applicable to this site, shall be complied with at all times.
2) A state mining permit shall be kept current as required by the Code of Virginia.
3) No commercial mining operation shall occur until an approved VDOT entrance is constructed
4) No vehicular traffic involved in the shale mining operation shall travel on Airport Road west
of the site's entrance.
5) A schematic plan illustrating the current conditions of the subject properties shall be submitted
to the Planning Department within 30 days of approval of the Conditional Use Permit. A site
plan must be submitted to, and approved by, the County prior to further expansion of the shale
mining operation.
Violation of Condition
Staff received numerous telephone calls between the dates of October 5, 2001 and October 16, 2001 from
citizens within the proximity of the shale mining operation to file formal complaints against the Wilson Shale
Mining Operation. The essence of these complaints pertained to the alleged violation of Condition #3, which
107 North Kent Street • Winchester, Virginia 22601-5000
Page 2
Frederick County Board of Supervisors
Re: Continuation/Revocation CUP #01-01 of S. Blaine & Keith A. Wilson
December 6, 2001
prohibited commercial mining operations until an approved VDOT entrance was constructed by the
applicants. Staff conducted three site inspections in response to the formal complaints on October 9, 2001,
October 12, 2001, and October 16, 2001. Each site inspection substantiated the formal complaints, as staff
observed and documented trucks hauling shale leave the Wilson property and proceed easternly along Airport
Road (Route 645) to Millwood Pike (Route 50 West). Subsequent to the November 7, 2001 Planning
Commission consideration of this issue, staff received another formal complaint regarding shale mining
activity occurring on the Wilson property. Staff substantiated the formal complaint on November 28, 2001
through a site inspection of the Wilson property.
Commercial Entrance Requirements
The Virginia Department ofTransportation (VDOT) provided information pertaining to commercial entrance
standards during the CUP review process. The VDOT comment, dated July 2, 2001, identifies the following
items to comply with their minimum entrance standard requirements for this application:
1) The provision of 350 feet of unobstructed sight distance based on the posted 35 MPH speed limit.
2) The provision on a 30 -foot entrance with a 25 -foot minimum radii to accommodate truck traffic.
3) The provision of 8 inches of 21-B aggregate base stone with 2 inches of SM -12.5 asphalt pavement.
4) A joint use agreement between Mr. Wilson and Mr. Turner as both land uses share this access.
* Staff Note: Item #4 may be rescinded by VDOT if it can be proven that Mr. Wilson owns the 30 foot
right-of-way in fee simple.
Planning Commission Summary & Action of 11/07/01
Seven residents along Airport Road spoke publicly before the Commission regarding this issue. Those
residents who spoke preferred the CUP be revoked because the Wilsons were in violation of the conditions
of their permit; however, some of the residents said they would not have a problem with the operation, if the
entrance was moved to Parkins Mill Road (Rt. 644), which they believed was wider and safer. The issues
expressed by the residents included concern for the safety of neighborhood children and school buses in light
of the narrowness of Airport Road and the numbers of trucks, the disturbance created by trucks accessing
the sight in the early morning hours, and possible silt pollution coming from the site.
The applicant's representative stated that a court hearing to resolve the issue of whether or not this use is
legally nonconforming is scheduled for December 13, 2001. The applicant's representative also pointed out
that there have been ongoing discussions with the Virginia Department of Transportation (VDOT) and civil
engineering firms regarding design of an acceptable entrance.
A VDOT representative stated that their discussions with the applicant's representatives were preliminary
and VDOT has not yet received anything on paper that they can officially comment on.
Page 3
Frederick County Board of Supervisors
Re: Continuation/Revocation CUP #01-01 of S. Blaine & Keith A. Wilson
December 6, 2001
The Planning Commission discussed and considered the following options:
1) Revision of Condition #3 to specify a time requirement for the installation of the commercial
entrance and to allow for shale mining and hauling to occur in the interim.
2) Advise the applicant that any further violation of Condition #3 as currently written will result in
automatic recommendation of revocation of CUP #01-01.
3) Recommendation of revocation of CUP #01-01.
The Planning Commission focused on Option #1, which would allow the continuation of the operation with
a time requirement for the installation of the commercial entrance. By a majority vote, the Commission's
recommendation to the Board was to replace Condition #3 of the CUP with the statement, "An entrance must
be installed and approved by VDOT by May 1, 2002; any violation of the conditions after May 1, 2002 will
result in an automatic recommendation of revocation of CUP #01-01." In addition, during that specified
time, the Wilsons have the right to operate off of the property; however, should the Wilsons fail to comply
by May 1, 2002, they would either need to use an entrance off of Parkins Mill Road (Rt. 644) or the CUP
will be recommended for revocation.
The vote was as follows:
YES (TO ALLOW CONTINUATION WITH AMENDMENT TO CONDITIONS): Triplett, Thomas,
Light, Morris, Unger
NO: Fisher, Kriz, Ours, Watt
ABSTAIN: DeHaven
O:\Agendas\COMMENTS\CUP's\2001\BlaineWilsonContinuationOrRevocationOfCUPOI -01 _BOS-pd
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
! ICAIFIC-PVICA I OF PUBLIC HEARING
December 3, 2001
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS
RE: THE CONTINUATION OR REVOCATION OF CONDITIONAL USE PERMIT
#01-01 OF S. BLAINE WILSON AND KEITH A. WILSON
On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing
being held on December 12, 2001 at 7:15 p.m. in the board room of the Frederick County
Administration Building at 107 N. Kent Street, Winchester, Virginia to consider the following:
The Continuation or Revocation of Conditional Use Permit #01-01 of S. Blaine Wilson and
Keith A. Wilson for shale mining. The properties are located at 881 W. Parkins Mill Road and are
identified with Property Identification Numbers 76-A-137 and 76 -A -137A in the Shawnee Magisterial
District.
Any interested parties having questions or wishing to speak may attend this public hearing. A copy
of the application will be available for review at the Handley Library approximately one week prior
to the meeting, or at the Department of Planning and Development located at 107 North Kent Street
in Winchester, Virginia.
Sincerely,
W��4 a.UV
Evan A. Wyatt
Director
EAW/ch
O:WgendasWdjoiner Ltrs\2001\BlaineWilson_CUP2.wpd
107 North Kent Street 6 Winchester, Virginia 22601-5000
This is to certify that the attached correspondence was mailed to the following on
/7 "-3 - from the Department of Planning and Development, Frederick
County, Virginia:
76 - A- - 137-E
76 - A- - 136-A TAYLOR, ALVIN STEWART JR & CARMEN K
FRYE, GARLAND R & LEONA V 1756 AIRPORT RD
& JAMISON, DONNA LEE WINCHESTER, VA 22602-4514
PO BOX 1895 76 - A- - 138 -
WINCHESTER, VA 22604-8395 VAN METER, LAURA S
76 - A- - 136-B
JENKINS, JACK JR. & MARY J-
970 W PARKINS MILL RD 22602 4741
WINCHESTER, VA
76 - A- - 136-C
HOVERMALE, HERBERT MICHAEL
1012 W PARKINS MILL RD 22602 4742
WINCHESTER, VA.
76 - A- - 137-C
BENNETT, MICHAEL A & LINDA D
771 W PARKINS MILL RD
WINCHESTER, VA 22602-4750
' 76 - A- - 137-D
WILSON, S BLAINE
,opt
3076 SHAWNEE DR
_-n„ WINCHESTER,VA 22601-4288
1544 AIRPORT RD
WINCHESTER,VA 22602-4533
77 - A- - 19 -
HOLLAND, JOHN B & ALICE M TRUSTEES
2145 DEED CT
VIENNA, VA 22181
77 - A- - 20-A
HOOVER, RAY D & BETTY M
1946 AIRPORT RD
WINCHESTER, VA. 22602-4516
77-A--21-
BROWN, WALLACE H. & MAE C.
1181 W PARKINS MILL RD
WINCHESTER,VA 22602-4754
Eurt" 0-
- aw�#—
Evan A. W att, Pla g Director
Frederick Co. Planning Dept.
STATE OF VIRGINIA
COUNTY OF FREDERICK
I, 611-1 !Avil Ho N G , a Notary Public in and for the State and County
aforesaid, do hereby certify that Evan A. Wyatt, Planning Director g,the,epartment of Planning
and Development, whose name is signed to the foregoing, dated C1 has
personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this ^� ) day
My commission expires on �)(:.(_ .
NOTARY PUBLIC
77 - A- - 22 -
JOHNSON, JOSEPH K. JR.
1105 W PARKINS MILL RD
WINCHESTER, VA. 22602-4754
77 - A- - 24-
GOLIGHTLY, EDWARD F.
1025 W PARKINS MILL RD
WINCHESTER, VA. 22602-4753
77 - A- - 27 -
BAKER, ERIC B
& HELM, KAREN BAKER
425 PINE RD
STEPHENSON, VA 22656-2217
77 -1- - 5 -
CHASE, ROBERT T & EDNA E
1681 AIRPORT RD
WINCHESTER, VA 22602-4529
76 - A- - 133-
KIBLER, MATTHEW P JR & JOHN A
3648 WASHINGOTN BLVD
BALTIMORE, MD. 21227
76 - A- - 134 -
SWEET, JOHN L. & MARJORIE M.
894 W PARKINS MILL RD
WINCHESTER, VA. 22602-4740
76 - A- - 135 -
FUNK, HERBERT W.
900 W PARKINS MILL RD
WINCHESTER, VA. 22602-4741
76 - A- - 136-
SIMPSON, GEORGE C.
914 W PARKINS MILL RD
WINCHESTER, VA. 22602-4741
76 - A- - 137-B
TURNER, NICKSON P & BRENDA
1810 AIRPORT RD
WINCHESTER, VA 22602-4515
Chronology
of County Actions Regarding
the Wilson Shale Mine
as of November 30, 2001
August 19, 1987 Robert Watkins, Director of Planning, issues letter advising that the
temporary removal of materials for the purpose of improving a site is an
allowed activity. If the activity becomes permanent or intensive enough to
constitute an extractive industry, a rezoning to the EM (Extractive
Manufacturing District) will be required.
March 14, 1988 Permit/License To Operate A Mine (Permit/License No. 13731AA) is
issued to S. Blaine & Keith A. Wilson by the Department of Mines,
Minerals and Energy. The permit covers 30 acres. Accompanying plat
prepared by Greenway Engineering, dated September 18, 1987 delineates
proposed mining locations.
March 6, 2001 Permit/License No. 13731AA is granted annual renewal by Patsy Martin,
Program Support Technician for the Division of Mineral Mining. The
permit is valid until March 14, 2002.
January 2001 Complaint received regarding illegal operation of a shale mine. Staff
investigates and determines that shale mining is occurring without CUP.
County Attorney advises staff that Watkins letter dated August 19, 1987
does not legitimize use over a decade later; CUP is necessary.
January /
February 2001 Staff informs Wilson of violation and need to acquire CUP. Wilson
begins circulating review agency comments to the required review
agencies.
May 11, 2001 Conditional Use Permit (CUP) application received. Scheduled for public
hearings before the Planning Commission on June 6, 2001, and before the
Board of Supervisors on July 11, 2001.
May 17, 2001 Petition, dated May 16, 2001, in opposition to the commercial shale
operation submitted to the Planning Office. Contains 39 signatures.
June 6, 2001 CUP application is presented to the Planning Commission. After various
citizen comments, Commission recommends approval of CUP with 5
conditions. Condition #3 states "No commercial mining operation shall
occur until an approved VDOT entrance is constructed."
July 2, 2001 The Virginia Department of Transportation (VDOT) clarifies comments
regarding commercial entrance standards in response to the CUP review
process.
July 11, 2001 Board of Supervisors grant CUP enabling the shale mine operation. 5
Conditions placed on the CUP.
October 5, 2001 Complaints received by the Planning Office regarding illegal operation of
the shale mine. Contend the shale mine is in violation of CUP #3 which
prohibited commercial mining until an approved VDOT entrance was
constructed. Complaints received consistently from October 5 through the
16.
October 9, 2001 Staff conducts three site inspections and substantiated validity of
complaints. Staff documented trucks hauling shale from the Wilson
property. Inspections conducted on October 9, 12, and 16, 2001.
October 10, 2001 Certified letter sent to S. Blaine Wilson advising of CUP condition 93.
The condition stated "No commercial mining operation shall occur until
an approved VDOT entrance is constructed." Mr. Wilson is given 30 days
to alleviate violation.
October 29, 2001 Certified letter (dated October 10, 2001) returned unclaimed.
November 6, 2001 Letter received dated November 2, 201 from Ty Lawson to Evan Wyatt.
Letter advises Mr. Wyatt that Mr. Lawson and Mr. Jay Cook are working
to present information to Judge Prosser for clarification if the Wilson's
maintain the right to continue mining based on Watkins's 1987 letter.
November 7, 2001 Planning Commission reviews Continuation or Revocation of CUP #01-01
for S. Blaine and Keith A. Wilson. Commission recommended that the
Wilsons be given until May 1, 2002 to construct the VDOT entrance;
failure to construct entrance will result in immediate revocation of the
CUP.
December 12, 2001 Consideration for Continuation or Revocation of CUP #01-01 is scheduled
for the Board of Supervisor consideration.
LAW OFFICES
LAWSON AND SILL+ K, P.L.C.
Attorneys and Counselors At Law
160 Exeter Drive, Suite 103
Post Office Box 2740
Winchester, Virginia 22604
Telephone: (540) 665-0050
Facsimile: (540) 722-4051
A professional limited liability company of professional corporations
THOMAS MOORE LAWSON, P.C.
JOSEPH F. SILEK, JR., P.C.
THOMAS MOORE LA WSON*
JOSEPH F. SILEK, JR.+
ANN K. CRENSHAW
*also admitted in West Virginia
+also admitted in North Carolina
Sender's e-mail: tlawson@isplc.com
Mr. Evan Wyatt, Planning Director
Frederick County Planning Department
107 North Kent Street
Winchester, VA 22601
VIA FAX AND U.S. MAIL
Dear Evan:
November 2, 2001
MEIED
NOV 2001
aT nF PLANNING/nFUFI npup '
Front Royal Address:
Post Office Box 602
Front Royal, Virginia 22630
Telephone: (540) 635-9415
Facsimile: (540) 635-9421
E-mail: silekj@rma.edu
REBECCA G. LAWSON
DEBORAH M. CHANDLER
ROBERT J. LIGHT
Re: Blaine and Keith Wilson: Right-of-way/Conditional Use Permit
Our File No. 488.001
This is a follow up to our previous conversation concerning the Wilsons' right to conduct a
temporary mining operation. As I advised you, Jay Cook and I are working together to put the issue
before Judge Prosser. I am trying to obtain a hearing date as soon as possible so this issue can be
resolved quickly and also to try to avoid any confusion with the conditional use permit issues
currently pending before the Planning Commission. It is my belief that Judge Prosser's decision will
have a significant impact on the conditional use permit proceedings . Therefore, it is my position
that the Planning Commission table the matter until such time as the court has had the opportunity
to rule on the issue. I understand that the matter has been noticed for public hearing on Wednesday.
Jay Cook and I will be prepared to discuss the legal issues at that time if the Planning Commission
requires further information.
Mr. Evan Wyatt, Planning Director
November 2, 2001
Page 2
Thank you for your assistance and cooperation. When we last spoke, you advised me that
you have a draft of the staff report on this issue. Kindly send a copy to me at your earliest
convenience. As always, if you have any questions, please do not hesitate to give me a call.
Very truly yours,
III o vtiL---
Thomas Moore Lawson
TML:clw
cc: Jay D. Cook, III, Esquire
Blaine and Keith Wilson
COUNTY of FREDERICK
Department of Planning and Development
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Evan A. Wyatt, Planning Director
540/665-5651
FAX: 540/665-6395
RE: Continuation or Revocation of Conditional Use Permit #01-01 for S. Blaine and
Keith A. Wilson
DATE: October 25, 2001
The Frederick County Board of Supervisors approved Conditional Use Permit (CUP) #01-01 for S.
Blaine and Keith A. Wilson on July 11, 2001 to allow for a shale mining operation on parcels 76-A-
137 and 76-A137A in the Shawnee Magisterial District. This CUP was approved with the following
conditions:
1) All review agency comments and Frederick County Zoning Ordinance requirements, including
the EM District requirements applicable to this site, shall be complied with at all times.
2) A state mining permit shall be kept current as required by the Code of Virginia.
3) No commercial mining operation shall occur until an approved VDOT entrance is constructed.
4) No vehicular traffic involved in the shale mining operation shall travel on Airport Road west
of the site's entrance.
5) A schematic plan illustrating the current conditions of the subject properties shall be submitted
to the Planning Department within 30 days of approval of the Conditional Use Permit. A site
plan must be submitted to, and approved by, the County prior to further expansion of the shale
mining operation.
Violation of Condition
Staff received numerous telephone calls between the dates of October 5, 2001 and October 16, 2001
from citizens within the proximity of the shale mining operation to file formal complaints against
the Wilson Shale Mining Operation. The essence of these complaints pertained to the alleged
violation of condition #3 which prohibited commercial mining operations until an approved VDOT
107 North Kent Street • Winchester, Virginia 22601-5000
entrance was constructed by the applicants. Staff conducted three site inspections in response to the
formal complaints on October 9, 2001, October 12, 2001 and October 16, 2001. Each site inspection
substantiated the formal complaints, as staff observed and documented trucks hauling shale leave
the Wilson property and proceed easternly along Airport Road (Route 645) to Millwood Pike (Route
50 West).
Commercial Entrance Requirements
The Virginia Department of Transportation (VDOT) provided information pertaining to commercial
entrance standards during the CUP review process. The VDOT comment, dated July 2, 2001,
identifies the following items to comply with their minimum entrance standard requirements for this
application:
1) The provision of 350 feet of unobstructed sight distance based on the posted 35 MPH speed
limit.
2) The provision on a 30 -foot entrance with a 25 -foot minimum radii to accommodate truck
traffic.
3) The provision of 8 inches of 21-B aggregate base stone with 2 inches of SM -12.5 asphalt
pavement.
4) A joint use agreement between Mr. Wilson and Mr. Turner as both land uses share this
access.
* Staff Note: Item #4 may be rescinded by VDOT if it can be proven that Mr. Wilson owns the 30 -
foot right-of-way in fee simple.
Planning Commission Considerations
Several options are available for consideration of this issue. Staff suggests that the Planning
Commission consider the following issues and forward a recommendation to the Board of
Supervisors for final disposition of this matter:
1) Revision of condition #3 to specify a time requirement for the installation of the commercial
entrance and to allow for shale mining and hauling to occur in the interim.
2) Advise the applicant that any further violation of condition #3 as currently written will result
in automatic recommendation of revocation of CUP #01-01.
3) Recommendation of revocation of CUP #01-01.
O: \Agendas\COMMENTS\CUP's\2001\Blaine WilsonContinuationOrRevocationOfCUP01-0l.wpd
October 24, 2001
COUNTY of FREDERICK
Department of Planning and Development
54(V665-5651
FAX: 540/665-6395
�I �'�lrlrr\rl JI I Jr PUBLIC ;-lEARUSIG
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS
RE: THE CONTINUATION OR REVOCATION OF CONDITIONAL USE PERMIT
#01-01 OF S. BLAINE WILSON AND KEITH A. WILSON
On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing
being held on November 7, 2001 at 7:00 p.m. in the board room of the Frederick County
Administration Building at 107 N. Kent Street, Winchester, Virginia to consider the following:
The Continuation or Revocation of Conditional Use Permit #01-01 of S. Blaine Wilson and
Keith A. Wilson for shale mining. The properties are located at 881 W. Parkins Mill Road and are
identified with Property Identification Numbers 76-A-137 and 76 -A -137A in the Shawnee Magisterial
District.
Any interested parties having questions or wishing to speak may attend this public hearing. A copy
of the application will be available for review at the Handley Library approximately one week prior
to the meeting, or at the Department of Planning and Development located at 107 North Kent Street
in Winchester, Virginia.
Sincerely,
Evan ly�att
Director
EAW/ch
O: \Agenda \Adjoiner Ltrs\2001 \Blaine Wilson_CUP2.wpd
107 North Kent Street • Winchester, Virginia 22601-5000
This is to certify that the attached correspondence was mailed to the following on
(► _ �, �� from the Department of Planning and Development, Frederick
Counry,irginia:
76 - A- - 136-A
FRYE, GARLAND R & LEONA V
& JAMISON, DONNA LEE
PO BOX 1895
WINCHESTER, VA 22604.8395
76 - A- - 136-B
JENKINS, JACK JR. & MARY J.
970 W PARKINS MILL RD
WINCHESTER, VA 22602-4741
76 - A- - 136-C
HOVERMALE, HERBERT MICHAEL
1012 W PARKINS MILL RD
WINCHESTER, VA. 22602-4742
76 - A- - 137-C
BENNETT, MICHAEL A & LINDA D
771 W PARKINS MILL RD
WINCHESTER, VA 22602-4750
76 - A- - 137-E
TAYLOR, ALVIN STEWART JR & CARMEN K
1756 AIRPORT RD
WINCHESTER, VA 22602-4514
77 - A- - 21 -
BROWN, WALLACE H. & MAE C.
1181 W PARKINS MILL RD
WINCHESTER, VA 22602-4754
76 - A- - 137-D
WILSON, S BLAINE
3076 SHAWNEE DR
WINCHESTER, VA 22601-4288
76 - A- - 138 -
VAN METER, LAURA S
1544 AIRPORT RD
WINCHESTER, VA 22602-4533
77 - A- - 19 -
HOLLAND, JOHN B & ALICE M TRUSTEES
2145 DEED CT
VIENNA, VA 22181
77 - A- - 20-A
HOOVER, RAY D & BETTY M
1946 AIRPORT RD
WINCHESTER, VA. 22602-4516
77 - A- - 22 -
JOHNSON, JOSEPH B. JR.
1105 W PARKINS MILL RD
WINCHESTER, VA. 22602-4754
Evan A. Ayatt, Pla Jing Director
Frederick Co. Planning Dept.
STATE OF VIRGINIA
COUNTY OF FREDERICK
I, f, ) L-�h Nn I a Notary Public in and for the State and County
aforesaid, do hereby certify that Evan A. Wyatt, Planning Director for the Department of Planning
and Development, whose name is signed to the foregoing, dated lo- aq l , has
personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this day of 02fcbcr, aw t
My commission expires on R&-ja rt4 A, L9Q)3
TARP PUBLIC
77 - A- - 24-
GOLIGHTLY, EDWARD F.
1025 W PARKINS MILL RD
WINCHESTER, VA. 22602-4753
77 - A- - 27 -
BAKER, ERIC B
& HELM, KAREN BAKER
425. PINE RD
STEPHENSON, VA 22656-2217
77 -1- - 5 -
CHASE, ROBERT T & EDNA E
1681 AIRPORT RD
WINCHESTER, VA 2.2602-4529
76 - A- - 133-
KIBLER, MATTHEW P JR & JOHN A
3648 WASHINGOTN BLVD
BALTIMORE, MD. 21227
76 - A- - 134 -
SWEET, JOHN L. & MARJORIE M.
894 W PARKINS MILL RD
WINCHESTER, VA. 22602-4740
76 - A- - 135 -
FUNK, HERBERT W.
900 W PARKINS MILL RD
WINCHESTER, VA. 22602-4741
76 - A- - 136-
SIMPSON, GEORGE C.
914 W PARKINS MILL RD
WINCHESTER, VA. 22602-4741
76 - A- - 137-B
TURNER, NICKSON P & BRENDA
1810 AIRPORT RD
WINCHESTER, VA 22602-4515
CERTIFIED MAIL
October 10, 2001
Mr. S. Blaine Wilson and
Mr. Keith A. Wilson
881 West Parkins Mill Road
Winchester, Virginia 22602
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
RE: Violation of the Conditions of Conditional Use Permit (CUP) #01-01
Dear Mr. Blaine and Mr. Keith Wilson:
The Department of Planning and Development has received a complaint regarding your shale
mining operation. The reason for the complaint pertained to the entrance requirements. On October
9, 2001, complaints were received regarding the shale mining operations and the site was visited on
the same day. After observing the conditions of the entrance and the use of the property, the nature
of the complaint was substantiated.
The Conditional Use Permit (CUP) was approved by the Board of Supervisors on July 11, 2001 with
several conditions. One of the conditions (0) states that: "No commercial mining operation shall
occur until an approved VDOT entrance is constructed." As of today's date, you have not fulfilled
Condition #3. You will be given 30 days from the receipt of this letter to alleviate the violation. If
the 30 -day period of notification expires and all of the conditions stated in the approved CUP#01-01
are not completed, your CUP will be presented to the Planning Commission and Board of
Supervisors for recommendation of revocation. Please refer to the letter dated July 2, 2001 from
Dave A. Heironimus of VDOT for the details of the requirements. Regarding the Route 645
entrance, the requirements are:
• Sight distances unobstructed for 350" feet.
• A 30' (25' minimum) entrance with minimum radii to accommodate truck traffic.
• A pavement structure at a minimum of 8" of 21-B aggregate base stone and 2" of an SM -
12.5 asphalt pavement.
• Since this entrance serves two properties, a joint use agreement between you and Mr. Turner
will need to be provided.
107 North Kent Street • Winchester, Virginia 22601-5000
Page 2
Mr. S. Blaine Wilson & Mr. Keith A. Wilson
RE: Violation of CUP #01-01
October 10, 2001
If you would like to amend the conditions of the CUP, you may request a public hearing at any time
in the future. If you have any questions, please feel free to call me.
Sincerely,
Patrick T. Davenport
Zoning and Subdivision Administrator
PTD/bah
cc: W. Harrington Smith, Shawnee District Supervisor
Robert A. Morris, Shawnee District Commissioner
Larry Ambrogi, County Attorney
T. M. Lawson @ Lawson and Silek P.L.C.
UAPatrick\Common\B Wilson CUP notice.wpd
BLAINEFROM TH MH-tt E DESK OF
WILSON
August 10, 2001
Mr. Eric Lawrence
Department of Planning and Development, County of Frederick
107 North Kent Street
Winchester, VA 22601
Re: Conditional Use Permit No. 0 1 -0 1
Dear Mr. Lawrence,
In response to your letter of July 13, 2001, I have enclosed a schematic plan illustrating
the current conditions of the properties that were the subject of the conditional use permit
No. 01-01. This is substantially similar to the plan that was submitted as part of our
original application for a conditional use permit. It is my understanding that the
submittal of this plan satisfies the requirements of paragraph five of your July 13 letter.
Furthermore, this is to advise you that we are in close communication with the Virginia
Department of Transportation regarding the commercial entrance issues, which were also
a requirement of the conditional use permit (paragraph three of your letter). Still further,
we continue to maintain a state mining permit (paragraph two of your letter) and we will
advise all drivers leaving the site that they shall not travel on Airport Road west of the
site's entrance (paragraph four of your letter). If anything further is required to remain in
compliance with the conditional use permit No. 01-01, please advise me immediately.
Also, please make sure all correspondence is addressed to 3076 E Shawnee Drive,
Winchester, VA 22601.
Thank you for you assistance and cooperation.
Sincerel ,
S. Blaine Wilson
Keith Wilson
Enclosure
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