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HomeMy WebLinkAbout05-17 BOS Staff Report - May 2018REZONING APPLICATION #05-17 O-N MINERALS/dba CARMEUSE LIME & STONE Staff Report for the Board of Supervisors Prepared: May 17, 2018 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 11/15/17 Public Hearing Held; Postponed for 90 Days Planning Commission: 02/21/18 Public Hearing Held; Recommended Denial Board of Supervisors: 03/14/18 Public Hearing Held; Postponed for 30 Days Board of Supervisors: 04/25/18 Public Hearing Postponed till May 23, 2018 Board of Supervisors: 05/23/18 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. 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 & CONCLUSION FOR THE 05/23/18 BOARD OF SUPERVISORS MEETING: The Planning Commission at their February 21, 2018 meeting unanimously recommended denial of this application. The Board of Supervisors held a public hearing for this item on March 14, 2018 and postponed the application until the April 25, 2018 meeting. The application was then postponed to the May 23rd Board of Supervisors meeting to provide the Applicant additional time to work on the application. This proffer amendment proposes to remove the previously proffered Overall Plan, Phasing I, II, III and IV Plans and six of the twelve viewshed plans. The revised proffer proposes to utilize an amended Generalized Development Plan and nine viewshed plans. This amendment seeks to revise the timing of the installation of the berms, revise the heights of the berms, seeks to remove the landscaping exhibit for the berms and removes the water supply and reclamation proffers. Staff has received revised proffers dated May 15, 2018. The revised proffers include text which preserves existing vegetation between Berm D and the Westernview Subdivision, addresses stockpiling of material, use of areas outside of Berm D, hours of operation, well monitoring and blasting notifications. Elements of the rezoning application have been identified in the staff report that should be carefully evaluated to ensure that they fully address the impacts associated with this amendment. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. REZONIN G APPLICATION #05-17 Rezoning # 05-17 CARMEUSE LIME & STONE May 17, 2018 Page 2 This report is prepared by the Frederick County Planning St aff to provide information 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 Public Hearing Held; Postponed for 90 Days Planning Commission: 02/21/18 Public Hearing Held; Recommended Denial Board of Supervisors: 03/14/18 Public Hearing Held; Postponed for 30 Days Board of Supervisors: 04/25/18 Public Hearing Postponed till May 23, 2018 Board of Supervisors: 05/23/18 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. 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 May 17, 2018 Page 3 REVIEW EVALUATIONS: 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 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 Rezoning # 05-17 CARMEUSE LIME & STONE May 17, 2018 Page 4 Phase I Archeological Survey per proffer 3.2. 4) Proffer Statement – Dated June 13, 2005; revised January 31, 2018; revised February 14, 2018; March 2, 2018; revised May 15, 2018: 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 six of the twelve viewshed plans. The amended proffer proposes to utilize a Generalized Development Plan and nine viewshed plans (Viewshed 1A Viewshed 1B, Viewshed 2, Viewshed 3, Viewshed 4A, Viewshed 5A, North Viewshed 1, North Viewshed 2 and North Viewshed 3). o The Phasing I, II, III and IV Plans of the GDP from the approved rezoning show a phasing sequence for the mining 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 (see revised proffer 13). • Site Development – Proffer 2.2 - Berms- This proffer amendment proposes to change the text pertaining to the berms, revises the timing of the installation of the berms, removes the landscaping exhibit and changes the approval of the landscaping utilized on the berms. o Berm Installation Timing: ▪ Berms A and Berm B (original Phase I) were to be installed within 10 years of the approval of the proffer (2018). ▪ Berms C and Berm D (original Phase II) were to be installed no later than 10 years prior to the commencement of mining north of Chapel Road. ▪ The proffer amendment removes the requirement that the berms be installed 10 years prior to mining north of Chapel Road. The proposed amendment states that the berms would be installed after permitting and two years prior to the extraction of material for processing. ▪ The amendment removes original Exhibit 3 which pertained to the description of the plants to be installed on the berms. The approved proffer statement requires the berm plantings to “a mix of deciduous and coniferous plantings placed in a random manner to be consistent with existing vegetation patterns” and would be subject to reasonable approval by the Zoning Administrator and the state forester. The proposed proffer states “plantings will include a seed mix recommended by the National Park Service that is currently in use at the adjacent Cedar Creek and Bell Grove National Historic Park”. Rezoning # 05-17 CARMEUSE LIME & STONE May 17, 2018 Page 5 Staff Comments: • Berms C & D as indicated in the original proffer included 10’ berms north and south of Chapel Road that were to be installed 10 years prior to mining north of Chapel Road. • The approved proffer provided time for the plantings to become established on the berms prior to mining activities. This proffer revises the timing to include two years prior to extraction of materials, which reduces the established timeline that would provide additional established landscaping protection for adjacent properties. o Berm Heights: ▪ Proffer 2.2 – Berm Heights. Berms were proffered with a maximum height of 30 feet and a minimum height of 10 feet as depicted on the twelve original viewshed plans. The proposed proffer includes nine proposed viewshed plats and proposes text that states, “a combination of landscaping, earthen berms and fencing shall either be maintained or installed as depicted and described on the amended GDP” and that the “owner shall install berms in the areas where berms are depicted on said Amended GDP”. ▪ Proffer 2.2 Berm D - Section 1 – Berm Section 1 is the section south of the Westernview Subdivision. The viewshed from the quarry to the adjacent Subdivision was originally proffered at a 20’ height and provide for a preservation of the existing vegetation/tree/fence line of at least 60’ in width. ▪ Proffer 2.2 Berm D - Section 2 – This revision proposes a 30’ berm which is consistent with the approved proffers, however; the revision includes a statement that the berm could be reduced due to cemetery or stream encroachment – this berm could potentially be reduced to 10’. ▪ Proffer 2.2 Berm D - Section 3 – The northern section of Chapel Road shows a 10’ berm which is consistent with the approved proffer; however, the proffer removes the timing for this berm (Berm D). ▪ Proffer 2.2 Berm D - Section 4 – This berm is consistent with the approved proffers (see viewshed 6 from the approved proffer and the Section 4 berm on the GDP. This berm is proposed to be 20’ in height. ▪ Proffer 2.2 – Stockpile – No spoil pile shall exceed the height of the highest berm north of Chapel Road. ▪ Proffer 2.2 – Area outside of Berm D – Section 1 – There shall be no extraction of material for processing outside the berms. The field between Berm D Section 1 and Westernview shall not be used for long Rezoning # 05-17 CARMEUSE LIME & STONE May 17, 2018 Page 6 term parking or storage of mining equipment, and any vehicles and/or equipment shall be staged in this area only while they are engaged maintenance, monitoring and/or exploration activities. Staff Comments: • The reduction in berm heights and the elimination of the viewshed plan for the Chapel Road area could greatly impact the surrounding residential properties as well as the viewshed and appearance of the Chapel Road area. • Berm Section 2 should be placed in an area that would not encroach on the cemetery and the stream to ensure that a definitive berm height is provided. • Quarry Hours – Proffer 2.4 – This proposed addition includes normal hours of operation for the portion of the property north of Chapel Road which will be 5 a.m.-11 p.m. Monday-Friday and no major holidays. Alterations to these hours could be deviated due to major issues or customer demand as outlined in the proffer and impacted residents within 1,500’ of the property will be given 48 hours prior notice of shifts in hours of operation. Staff Comments: ▪ The text regarding the allowance to shift hours of operation do to excessive customer demand and production to meet demand appears to negate the benefit of this proffer. • Rights to Water Supply – Original Proffer 5. This proffer is proposed to be eliminated. • Reclamation – Original Proffer 10 This proffer is proposed to be eliminated. • Proffer 4 – Groundwater (Original proffer 5): o Addition to this proffer of “In addition to the provisions set forth above, the Owner agrees to install at least one monitoring well within six (6) months of the approval of this Amended Proffer Statement”. • Proffer 6 Blasting Control (Original Proffer 7): o Addition to this proffer of “Provided Owner has received a written request from a property owner within fifteen hundred feet (1,500’) of the Property rezoned herein, the Owner shall establish and maintain a notification methodology that provides notice to the requesting property owner of any and all blasting that will occur north of Chapel Road as part of the extraction of material for processing or site development. Such methods may include but not be limited to, telephone calls, text messages or emails. • Proffer 8 (Original proffer 9.1): o Addition to this proffer of “a stationary seismograph reader shall be installed at a strategic location north of Chapel Road. Such location shall be chosen in Rezoning # 05-17 CARMEUSE LIME & STONE May 17, 2018 Page 7 coordination with and at the direction of a licensed engineer well versed in this function. • Proffer 10 (Original Proffer 12). o Addition of “all lighting shall be turned off after working hours”. • Proffer 12 Environment (Original Proffer 14): o Proffer 12.4 - agrees that the existing fence line/tree line along Section 1 of Berm D will remain and be maintained using best management and farm practices. All other proffers remain generally consistent with the 2006 approved rezoning and proffer statement. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 11/15/17 MEETING: Staff reported this is a request to amend the proffers associated with Rezoning #03-06 which was approved in 2008. Staff continued, at that time 394.2+/-acres was rezoned from RA (Rural Areas) District to EM (Extractive Manufacturing) District. Staff noted the Applicant is seeking to revise the proffers pertaining to: Viewshed Plans, Berm heights, installation timing, landscaping exhibit removal, and cemetery access. A location map of the property was presented. Staff reported the amendment seeks to remove the previously proffered Overall Plan, Phasing I, II, III and IV Plans, and the twelve (12) Viewshed Plans which were all components of the General Development Plan (GDP). This amendment seeks to eliminate these components and only utilize one (1) GDP. Staff presented the GDP which is generally consistent with the outline of the previously approved GDP in regard to the Berm locations on the properties. Staff reviewed the proffer revisions: Viewshed Plans, Berm Heights, and Berm Installation Timing: • The viewshed plans from the approved rezoning depicted the proposed berm heights that would provide screening and protection for surrounding properties. • Berm heights ranged from 10’ to 30’ as depicted on the viewshed plans. • Berm timing – Berms A and B were to be installed within 10 years of rezoning approval (installation by 2018). Berms C and D were to be installed no later than 10 years before the commencement of mining north of Chapel Road. • This amendment removes all minimum/maximum heights and timing is now prior to the commencement of any extraction of materials. Cemetery Access: • Amendment seeks to eliminate the Marsh Brook Lane access and provide a new right- of-way that would provide access to the cemetery via Chapel Road. (the approved rezoning stated that the Applicant would improve the Marsh Brook Lane access within 12 months of completion of the cemetery restoration) Rezoning # 05-17 CARMEUSE LIME & STONE May 17, 2018 Page 8 • The proposed amendment does not contain a timeline for the installation of this accessway and does not contain a backup if agency approval cannot be obtained for the new access point on Chapel Road. Staff noted it appears this proposed proffer amendment will have a great impact on the surrounding residential properties and the Applicant has not provided justification that the berm revisions and the changes requested would mitigate the impacts on the surrounding properties. A Commissioner inquired about the rights to water supply in paragraph 4.1 of the proffers. Staff explained that a proffer amendment was received from Mr. Ty Lawson prior to the meeting. Staff and the County Attorney were not able to review these prior to this meeting and cannot comment on them at this time. A Commissioner asked how long the Applicant has been working with Staff on these revisions. Staff noted in June 2017 comments were provided to the Applicant. A Commissioner inquired, in the original proffers there were commitments as far as pre-blast surveys of the properties surrounding the quarry; who was responsible in making sure the Applicant performed those commitments that were agreed to in the original rezoning; is the County involved in that, specifically the surveys concerning property conditions, water well conditions, and seismic monitoring. Staff reported it is the Applicant’s responsibility to make sure they are fulfilling their proffers; should it arise that those proffers are not being fulfilled or there is a complaint, that proffer compliance would be investigated and determined if the proffers are being met or not. A Commissioner asked if Staff had received comments from residents that the proffers were not implemented as originally agreed to. Staff commented no, not at this time. A Commissioner commented that if the proposed amendment were approved, that the height of the berms would be up to the Applicant. Staff stated that is correct, under the proposed amendment the berm height would be at the Applicants discretion and they eliminated the landscaping detail. The Commissioner commented the current approval offers more to work with; the new proposal has no specificity. A Commissioner commented for clarity and should ignore what was submitted just a few hours ago and focus on what is in the agenda. A Commissioner asked how close the berms on the north end are from the residential strip of community housing there. Staff deferred this question to the Applicant as to if they have an exact distance planned for the old and new proffers. Mr. Thomas (Ty) Moore Lawson, P.C. with Lawson & Silek, P.L.C representing the Applicant came forward. Mr. Lawson reported this proffer amendment is to specifically address the berms; on the north end of the property. In response to a Commissioner, Mr. Lawson noted when this exercise was started it was written in a way to just focus on things they wanted to change, as things developed it was pointed out with this rezoning being relatively old that a lot has been completed, therefore what has been accomplished should be considered. Mr. Lawson continued, 36+ acres has been conveyed to the Cedar Creek Battlefield and Article 4 references two old agreements that existed with the Sanitation Authority in 2005; those agreements were terminated, and a new agreement was put in place. Mr. Lawson reviewed the proffer update that was sent to Staff just prior to this meeting: 8-acre historical reserve grew to 36-acres; Phase I archeological study; Two (2) cemeteries were restored; ground water labeled as completed but under way; pre-blast surveys are ongoing (have contacted 105 families); noise requirements are the same; well monitoring is ongoing; phasing of berms A and B are complete. Regarding the berms Mr. Lawson explained the intent now is to have irregular berms in height and different vegetation. Mr. Lawson provided photos of existing berms and of new proposed berms Rezoning # 05-17 CARMEUSE LIME & STONE May 17, 2018 Page 9 placing berms behind vegetation. Mr. Lawson addressed the question of timing for the berms; the existing proffers states the berms be installed ten (10) years prior to mining activities, this has been removed and replaced with commencement and behind the tree lines so there is less disturbance. Mr. Lawson provided photos of the viewshed and the GDP. A Commissioner inquired why the berms are being located behind the vegetation. Mr. Lawson commented the Applicant has a better idea where most of the stone is underground therefore the point is to be able to install the berms 100 ft. off the property line in turn making the impacts less severe. The Commissioner commented, to simplify; relocating the berms now depends on where the high-quality mineral is to be mined. Mr. Lawson stated that is partially correct; the other part is a fresh set of eyes reviewed this and determined relocation would be better for neighbors. The Commissioner noted relocating the berms have no bearing on the height of the berms. Mr. Lawson explained there was not a requirement to make the berms 30 ft., but somehow became part of the public process; this is not something the company wanted, and the intent is to vary the berm sizes. A Commissioner requested clarification that the 85 property owners within the property boundary have been contacted regarding pre-blast surveys. Mr. Lawson noted the Applicant contacted all property owners, also offered pre-blast surveys and well monitoring at the Applicant’s expense; some have taken advantage of this and others have not. The Commissioner asked if someone comes forth years down the road with problems on their property or structure, how would Chemstone defend this. Mr. Lawson explained the property owners should take advantage of these offers in advance therefore having something to go by. Mr. Lawson noted the existing proffers do not change obligations to one another. Complaints and questions are addressed by the company at all times. The Commissioner asked how often seismic waves are monitored for the 85 properties. Mr. Lawson stated the monitoring is ongoing. Mr. Mark Basel, Site Production Manager at the Middletown, Virginia operation came forward and reported the operation at Chemstone monitors every blast. They have permanent seismic graphs at three (3) different residences toward the southern end of the property. Mr. Basel noted currently there are no monitors at the northern end where there is no mining yet; they do place mobile units if necessary. A Commissioner inquired has there been any reported impacts/damages from blasting. Mr. Basel commented to his knowledge they have not been out of compliance; they do get calls if the blast is felt stronger than normal. He reiterated, they do monitor all blasts. There were nine (9) citizens that spoke in opposition of this rezoning. The concerns shared were similar: delay action on this item, no contact from the Applicant regarding well and pre-blast surveys, berms would not provide enough protection and language in the proffers very ambiguous. Mr. Lawson responded to comments: the drawings/maps are scaled, it is approximately 100 feet from the property line under the existing proffers, the Applicant has copies of notifications/letters that were sent to property owners for pre-blast surveys and well monitoring. A Commissioner reminded everyone this item is not about the current land use which was previously approved; it pertains to the proffers being amended. He commented, he is agreeable to a delay on this and noted community engagement is extremely important. A Commissioner commented, this item must be acted on in a timely manner and cannot be moved to Spring 2018; he agrees to a postponement. The Commissioner continued, he urges the citizens to take advantage of the offer made by Carmeuse for pre-blast surveys and well monitoring so there can be a base starting point down the road. He Rezoning # 05-17 CARMEUSE LIME & STONE May 17, 2018 Page 10 concluded, the language is very ambiguous and vague, the Applicant needs to put back in the drawings and examples and put things in writing so that it is very clear. A motion was made, seconded, and unanimously passed to recommend postponement for 90 days. (Note: Commissioners Unger and Cline were absent from the meeting) PLANNING COMMISSION SUMMARY AND ACTION FROM THE 02/21/18 MEETING: Staff reported this is a request to amend the proffers associated with Rezoning #03-06 which was approved in 2008. Ms. Perkins continued, this request was postponed for 90 days at the Planning Commission’s November 15, 2017 meeting to provide the Applicant additional time to discuss the proposal with neighbors. Staff explained the Applicant is seeking to revise the proffers pertaining to: Viewshed Plan, Berm heights, installation timing, Landscaping exhibit removal and Cemetery access. Staff compared the proffers that have been approved to the amended proffers, dated February 14, 2018: • The approved proffer required berms that ranged in height from 10’ to 30’ based on the 12 proffered viewshed plans. The revision includes 3 viewshed plats that only show proposed berm details north of Chapel Road. • Berm Heights – Berm D (north of Chapel Road); berm adjacent to the Westernview Subdivision was proffered to be 30’. The revision proposes to reduce this berm to 15’. • Berm Heights – Berms C & D; removes the berm detail south of Chapel Road and the Northern berm is still shown at 10’. • Berm Timing – Berms C & D were proffered to be installed no later than 10 years prior to the commencement of mining north of Chapel Road. The revision proposes Berms C & D to be installed after the permitting process of the properties for mining and before any extraction of material for processing. • Proffer 2.2 – Site Development: The November 2017 proffer stated, “a combination of landscaping, earthen berms and fencing shall be installed”; the February 2018 proffer states “earthen berms or fencing shall be installed”. This language is ambiguous and appears to allow for the complete elimination of all berms and only fencing provided. • Cemetery Access: Seeks to relocate the Marsh Brook Lane access to Chapel Road. The approved proffer stated that the Applicant would “improve” the ROW so it can be used for access and that the Applicant would provide continued maintenance. The proposed proffer states that the owner would relocate the ROW; this proffer is ambiguous as to whether the Applicant will be building a ROW for access or just relocating the ROW. It was noted this also removes the timeline (12 months from cemetery restoration) therefore this is no trigger for the completion of this relocation. • Site Access – Clarification: Staff noted the approved proffers state “access via public secondary roads shall be limited to the quarry entrance on McCune Road”. Staff has received several Rezoning # 05-17 CARMEUSE LIME & STONE May 17, 2018 Page 11 questions regarding site access directly via Chapel Road; Proffer 2.1 prohibits access to Chapel Road for quarry operations. The proffered GDP indicates a proposed tunnel under Chapel Road. Staff concluded it appears this proposed proffer amendment will have a great impact on the surrounding residential properties and the Applicant has not provided justification that the berm revisions and the changes requested would mitigate the impacts on the surrounding properties. Mr. Michael Wilmoth from Carmeuse presented a brief overview of what has transpired since the November meeting: held two community meetings; had face to face meetings with residents; handled numerous phone calls. He provided a presentation of the revised proffers and various mapping. A Commission Member inquired if the open field on the combined comparison will be mined in the future. Mr. Wilmoth stated not at this time. A Commission Member suggested possibly zoning this piece back to RA. Mr. Ty Lawson, representing the Applicant noted there is no intent at this time. A Commission Member suggested, if the berms are behind the tree line, why not include map or protection in the proffers for residents’ years down the road and could be include in proffer 2.2. The Commissioner noted the wording in proffer 2.2 can be easily misinterpreted. A Commission Member suggested the wording be changed to offer protection to residents in the future. Mr. George McKotch of Carmeuse came forward and provided information pertaining to the berms and future mining. A Commission Member reminded everyone that is what is presented in the agenda is what is to be voted on this evening. The Public Hearing was opened and six (6) residents came forward and shared their opposition to this rezoning citing concerns such as: requests not fully addressed by Carmeuse; community meetings did not involve everyone, truck traffic on roads, all berms to be 30 feet and residents losing property value. A Commission Member commented the items presented tonight are not acceptable, he sees no reason to reduce the height of the berms and the residents are not satisfied with any of the changes. Mr. Lawson noted the mission was to meet with neighbors; the berm height was the majority of the discussion and they received conflicting requests from neighbors. Mr. Lawson concluded this item needs to move forward and there is no time for a delay request. A motion was made to deny this request, seconded, and unanimously recommended for denial. (Commissioner Mohn was absent from the meeting) BOARD OF SUPERVIORS SUMMARY AND ACTION FROM THE 03/14/18 MEETING: Staff provided an overview of the application and the revisions requested by the Applicant. Thomas Moore Lawson, representing Carmeuse, introduced Michael Wilmoth of Carmeuse who provided an overview of the request. Mr. Wilmoth said the company met with the neighbors of the property in question and the consensus was that moving the berm and changing the berm timeline were good things. He discussed a list of 11 items that were requested by the neighbors saying Carmeuse has been able to agree to eight of them. Mr. Lawson proceed to provide additional information and an overview of their request. Dr. Clarence R. Geier then discussed the Phase I Archeological Survey which was conducted on the property. Rezoning # 05-17 CARMEUSE LIME & STONE May 17, 2018 Page 12 Thirteen citizens spoke during the public hearing. Mr. Lawson responded to the public hearing comments and he appreciated the time and comments of the Board and the project’s neighbors. He said there have been seven amendments to the proffers and highlighted the proposed changes. The item was postponed to the April 25, 2018 meeting with a continued public hearing. EXECUTIVE SUMMARY & CONCLUSION FOR THE 04/25/18 BOARD OF SUPERVISORS MEETING: The item was postponed to the May 23, 2018 meeting with a continued public hearing. EXECUTIVE SUMMARY & CONCLUSION FOR THE 05/23/18 BOARD OF SUPERVISORS MEETING: The Planning Commission at their February 21, 2018 meeting unanimously recommended denial of this application. The Board of Supervisors held a public hearing for this item on March 14, 2018 and postponed the application until the April 25, 2018 meeting. The application was then postponed to the May 23rd Board of Supervisors meeting to provide the Applicant additional time to work on the application. This proffer amendment proposes to remove the previously proffered Overall Plan, Phasing I, II, III and IV Plans and six of the twelve viewshed plans. The revised proffer proposes to utilize an amended Generalized Development Plan and nine viewshed plans. This amendment seeks to revise the timing of the installation of the berms, revise the heights of the berms, seeks to remove the landscaping exhibit for the berms and removes the water supply and reclamation proffers. Staff has received revised proffers dated May 15, 2018. The revised proffers include text which preserves existing vegetation between Berm D and the Westernview Subdivision, addresses stockpiling of material, use of areas outside of Berm D, hours of operation, well monitoring and blasting notifications. Elements of the rezoning application have been identified in the staff report that should be carefully evaluated to ensure that they fully address the impacts associated with this amendment. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors.