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Home My WebLink About05-17 OrdinanceAction: PLANNING COMMISSION: BOARD OF SUPERVISORS: November 15, 2017 February 21, 2018 March 14, 2018 April 25, 2018 May 23, 2018 June 13, 2018 ea ORDINANCE -- Public Hearing Held; Postponed for 90 days Recommended Denial Public Hearing Held; Postponed Public Hearing Held; Postponed Public Hearing Held; Postponed Postponed July 25, 2018 Denied (vote rescinded August 8, 2018) September 12, 2018 Approved AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 405-17 O -N MINERALS/dba CARMEUSE LIME & STONE AMENDMENT TO REZONING #03-06 WHEREAS, REZONING #05-17, was submitted by O -N Minerals (Chemstone) Company to rezone 394.2± acres from the EM (Extractive Manufacturing) District with proffers to the EM (Extractive Manufacturing) District with amended proffers. The Middletown site was originally rezoned to the EM (Extractive Manufacturing) District with Rezoning #03-06 for O -N Minerals (Chemstone) which was approved in 2008. The Applicant is seeking to amend the proffers pertaining to viewshed plans, berms, landscaping, and other matters, with an amendment bearing final revision date of August 14, 2018 being considered. The subject 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). The properties are located in the Back Creek Magisterial District and are identified by Property Identification Nos. 83-A-109 and 90-A-23 (portions of), respectively; and WHEREAS, the Planning Commission held a public hearing on this rezoning on November 15, 2017 and postponed the application for 90 days and; the Planning Commission then held a public meeting on this rezoning on February 21, 2018 and recommended denial; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on March 14, 2018 and postponed the application to the April 25, 2018 meeting with a continued public hearing; and PDRes #08-18 BOS Res. #019-18 -2- WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 25, 2018 postponed the application to the May 23, 2018 meeting with a continued public hearing; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on May 23, 2018 and postponed the application to the June 13, 2018 meeting with a continued public hearing; and WHEREAS, the Board of Supervisors postponed rezoning on June 13, 2018 to the July 25, 2018 meeting with a continued public hearing; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 25, 2018 and voted to deny the rezoning; the vote was rescinded on August 8, 2018 and scheduled for September 12, 20I 8; and WHEREAS, the Board of Supervisors held a public hearing on September 12, 2018 and amended condition 2.4 to further clarify the hours of operation; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this amendment to Rezoning 403-06 to be in the'best interest of'the public health, safety, welfare, and in conformance with the,Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to rezone two (2) parcels of land, 394,2± acres from the EM (Extractive Manufacturing) District with proffers to the EM (Extractive Manufacturing)'District with proffers amending specific sections of the Proffer Statement dated May 22, 2008, as indicated in the First Amendment to Proffer Statement (amendment dated September 12, 2018), as voluntarily proffered in writing by the Applicant and the Property Owner and attached. This ordinance shall be in effect on the date of adoption. Passed this 12th day of September 2018 by the following recorded vote; Charles S. DeHaven, Jr., Chairman Nay Gary A. Lofton Aye J. Douglas McCarthy Aye Robert W. Wells Aye Shannon G. Trout Aye Judith McCann -Slaughter Nay Blaine P. Dunn Aye A COPY ATTEST Kris . Ti me Frederick Administrato PDRes #08-18 BOS Res. #019-18 VIRGINIA: FREDERICK COUNTY, SCT. This instrument of writing was produced to me on and with certificate of acknowledgement thereto annexed. was admitted to record. Taic imposed by Sec. 58.1-802 of $_ , and 58.1-801 have been paid, if assessable 4ew A141ft— , Clerk COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 September 20, 2018 Mr. George McKotch O -N Minerals (Chemstone) Company dba Canneuse Lime & Stone 11 Stanwix Street, 21 st Floor Pittsburgh, PA 15222 RE: REZONING #05-17 O -N Minerals (Chemstone) PINS: 83-A-109 and 90-A-23 Dear Mr. McKotch: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on September 12, 2018. The above -referenced application was approved to rezone 394.2+/- acres from the EM (Extractive Manufacturing) District with proffers to the EM (Extractive Manufacturing) District with revised proffers. The Middletown site was originally rezoned to the EM (Extractive Manufacturing) District with Rezoning #03-06 for O -N Minerals (Chemstone) which was approved in 2008. The 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) in the Back Creek Magisterial District and are identified by Property Identification Numbers 83-A-109 and 90-A-23. The proffer statement originally dated May 28, 2008 and revised in July which was approved with revisions on September 12, 2018, as a part of this rezoning application are unique to the above referenced properties and are binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Pursuant to §165.102.06E, the County Attorney will present the written proffer to the Frederick County Clerk of Circuit Court for recordation. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Candice Perkins, AICP, CZA Assistant Director CEP/pd Attachments cc: Gary A. Lofton, Back Creek District Supervisor J. Rhodes Marston and Greg L. Unger, Back Creek District Planning Commissioners Jane Anderson, Real Estate Ellen Murphy, Commissioner of Revenue Rod Williams, County Attorney w/Proffer and Resolution 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000