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83A109_O-NMineralsChemstoneAction: 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Held; Postponed Public Hearing Held; Postponed Public Hearing Held; Postponed Postponed July 25, 2018 Denied (vote rescinded August 8, 2018) September 12, 2018 Approved AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 405-17 O -N MINERALS/dba CARMEUSE LIME & STONE AMENDMENT TO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 800094 w FIRST AMENDMENT TO PROFFER STATEMENT c> REZONING: RZ# 03-06 Rural Areas (RA) to Extractive Manufacturing (EM) PROPERTY: 394.2 Acres +/-; Portions of Tax Map Parcels 83-A-109 ("parcel 109") and 90-A-23 ("parcel 23") (the "Properties") 3,AGk C Reek M2 gvte g.la l txsft t"& RECORD OWNER: O -N Minerals (Chemstone) Company ("Owner") APPLICANT: O -N Minerals (Chemstone) Company PROJECT NAME: Chemstone-Middletown ORIGINAL DATE OF PROFFERS: May 27, 2008 (final edit before approval on May 28, 2008) The undersigned Owner hereby submits its First Amendment to Proffer Statement, which First Amendment states that the following conditions, to the extent amended, shall supersede the indicated provisions of the Proffer Statement on the Properties that have been made prior hereto. In the event that the above -referenced First Amendment to Proffer Statement is not granted as applied for by the Owner, this First Amendment to Proffer Statement shall be deemed withdrawn and shall be null and void. The following sections of the Proffer Statement dated May 27, 2008 are amended as follows: • All references to "Applicant" throughout the Proffer Statement are hereby replaced with "Owner." The word "with" in the third sentence of the second opening paragraph is hereby replaced with the word "to." The Generalized Development Plan has been revised as of February 14, 2018. An additional sheet has been added to the Generalized Development Plan titled "Generalized Development Plan Attachment" dated February 14, 2018. The Generalized Development Plan and the Generalized Development Plan Attachment are collectively referred to as the "Amended GDP." All references in the original Proffer Statement to the GDP are hereby replaced with Amended GDP. The Amended GDP is new Exhibit 1. The following plats have been deleted from Exhibit 2: GDP, Overall Plan, Phase I Plan, Phase II Plan, Phase III Plan, Phase IV Plan, Viewshed 4B, Viewshed 5B, Viewshed 6, Viewshed 7 and Viewshed 8. c-� W The following plats have been added to Exhibit 2 and are attached: North Viewshed 1, o North Viewshed 2 and North Viewshed 3. ry • The following sentences are being added to the end of the second opening paragraph: The Generalized Development Plan included in the Proffer Statement approved on May 28, 2008 ("GDP") is hereby replaced as it relates to the installation and location of berms and viewsheds. All other aspects of the GDP remain the same and in full force and effect. • Exhibit 4 shall now be known as Exhibit 3. • Exhibit 5 shall now be known as Exhibit 4. • Exhibits 6A and 6B shall now be known as Exhibits 5A and 5B respectively. Revisions to Proffer 2.2 The language of Proffer 2.2 is replaced in its entirety with the following: A combination of landscaping, earthen berms and fencing shall be either maintained or installed as depicted and described on the Amended GDP around the Properties in the areas depicted on the Amended GDP. Owner shall install berms in the areas where berms are depicted on said Amended GDP. The berms for Berm D shall have a maximum height of 30 feet and a minimum height of 10 feet. As depicted on the Amended GDP, the berms for Berm D shall be installed at specified heights. The Amended GDP designates the berms for Berm D in four numbered sections. Section 1 shall be installed to a height of 20 feet. Section 2 shall be installed to a height of 30 feet and not encroach on the cemetery and/or stream. Section 3 shall be installed to a height of 10 feet. Section 4 shall be installed to a minimum height of 20 feet. No spoil pile shall exceed the height of the highest berm north of Chapel Road. Berm C which is located on the Property south of Chapel Road and north of Nieswander Road shall be installed after permitting of the above-described Property for mining and at least two years (24 calendar months) prior to the extraction of material for processing. The berms shall be landscaped to minimize impacts to the viewshed of the surrounding community and shall be installed after permitting of the Properties for mining at least two years (24 calendar months) prior to the extraction of material for processing and in the locations depicted on the Amended GDP. The landscaping shall have a mix of deciduous and coniferous plantings placed in a random manner to be consistent with existing vegetation patterns. Plantings will include a grass seed mix recommended by the National Park Service that is currently in use at the adjacent Cedar Creek and Belle Grove National Historical Park. Owner shall adhere to the screening requirements of the Frederick County Code. In addition to requirements of the Frederick County Code, Owner will take all appropriate measures to ensure survival of plantings. The landscaping shall be subject to reasonable approval of the Zoning Administrator of Frederick County and upon consultation with the State Forester. With respect to Berm A, located on Tax Parcel 90-A-2, not owned by the Owner, the berm will be constructed by the Owner as the tenant under a 100 -year lease of Parcel 90-A-2, with authority under the lease to construct Berm A. 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 parking or storage of 2 -® ca W c=) mining equipment, and any vehicles and/or equipment shall be staged in this area only while they cw are engaged in maintenance, monitoring and/or exploration activities. New Proffer 2.4 Hours of operation for the portion of the Property north of Chapel Road shall be only 6:00 a.m. to 10:00 p.m. Monday through Friday. No operation shall take place on any major holiday. No operation shall take place on Saturdays and Sundays. Revision to Proffer 5.1 The following sentence is added to the end of Proffer 5.1: 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. Revision to Proffer 7.1 The following paragraph is added to Proffer 7.1: 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. Revision to Proffer 9.1: In the seventh sentence of Proffer 9.1 the phrase "the Applicant's and/or its" is replaced with "an independent." The following sentences are added to the end of Proffer 9.1: A stationary seismograph reader shall be installed at a strategic location north of Chapel Road. Such location shall be chosen in coordination with and at the direction of a licensed engineer well versed in this function. Revision to Proffer 12.1 The following sentence is added to the end of Proffer 12.1: All lighting shall be turned off after working hours. Revisions to Proffer 14.2 The following sentence is added to the end of Proffer 14.2: The Owner also 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. Respectfully submitted, O -N MINERALS (CHEMSTONE) COMPANY By: Ian Karkaria Its: Director of Olae tions, Eastern Region 1 COMMONWEALTH OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Iqh The foregoing instrument was acknowledged before me this — day of 2018, by Ian Karkaria, Director of Operations, Eastern Region of O -N Minerals (Chemstone) Company. TARY PUBLIC My commission expires: Qr Aoko, , 31 . 2019 Registration number: --# -73,E y a-71 �PNN D 'U Jaime Ann DeHaven NOTARY PUBLIC ° of =2 Commonwealth of Virginia �0 G1NtiP ti� TgRy Reg. #7384271 My Commission Expires pV�� October 31, 2019 PARR -T -L$3 -A:10 /�1 LECiEND - .. •*^ - `T 101 AL AREA: 519 5 AURIS -- '. C4� 'ROPOSH)RUONING 321 -'ACRES u'i�>r 3; S(WL(.1PARCt!.5 _ -'•• . E%IS! W6 PEW II ARFA ~! as & _ J� �� PROP()SF.G 10MM3 BOLI\'01,.71 Ia r a•tu �. y IIA � _* PRUP(bfJ)! 0N7i11R1\li 0.TJ.I . ... 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