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PC 08-03-11 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia August 3, 2011 7:00 P.M. CALL TO ORDER TAB Adoption of Agenda: Pursuant to established procedures, the Planning Commission should adopt the Agenda for the meeting................................................................ (no tab) June 15, 2011 Minutes ...................... Committee Reports ................................... ............................................................... (A) ..................................................... (no tab) Citizen Comments................................................................................... PUBLIC HEARING .... (no tab) 5) DRAFT UPDATE OF THE 2012-2017 FREDERICK COUNTY PRIMARY AND INTERSTATE ROAD IMPROVEMENT PLANS. The Primary and Interstate Road Improvement Plans establish priorities for improvements to the Primary and Interstate road networks within Frederick County. Comments from the Transportation Committee will be forwarded to the Planning Commission and Board of Supervisors. Ultimately, the priorities adopted by the Board of Supervisors will be forwarded to the Commonwealth Transportation Board for consideration. Mr. Bishop....................................................................................................................... (B) PUBLIC MEETING 6) Rezoning #01-11 of Carmeuse NA — Clearbrook Rezoning, submitted by Patton Harris Rust & Associates and Thomas Moore Lawson, Esquire, to rezone 92 acres from RA (Rural Areas) District to EM (Extractive Manufacturing) District, with proffers. The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 31.80 Martinsburg Pike, are located between the intersections of Route 11 with Brueetown Road (Route 672) and Walters Mill Lane (Route 836), in the Stonewall Magisterial District, and are identified by Property Identification Numbers 44-A-83, 44 -A -83A and 33-A-144 (portion of). Mr. Ruddy........................................................................................................................ (C) FILE COPY 7) Waiver Request of Carmeuse NA — Clearbrook — Submitted by Patton Harris Rust & Associates and Thomas Moore Lawson, Esquire, waiver request of Chapter 165 Zoning, Article VI Business and Industrial Zoning Districts. The requested waiver concerns Part 608 EM Extractive Manufacturing District, 165-608.05 Setback and Yard Requirements, particularly 165-608,05(A)(2), 165-608.05(B)(1) and 165-608.05(B)(2), to allow the setback requirement be reduced from 200 feet to 50 feet. The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg Pike, are located between the intersections of Route 11 with Brucetown Road (Route 672) and Walters Mill Lane (Route 836), in the Stonewall Magisterial District, and are identified by Property Identification Numbers 44-A-83, 44 -A -83A and 33-A-144 (portion of). Mr. Ruddy........................................................................................................................ (D) 8) Other • C • MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on June 15, 2011. PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/ Opequon District; Brian Madagan, Opequon District; Gary R. Oates, Stonewall District; J. Stanley Crockett, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Greg L. Unger, Back Creek District; Kevin O. Crosen, Back Creek District; Christopher M. Mohn, Red Bud District; Philip E. Lemieux, Red Bud District; and Roderick B. Williams, County Attorney. STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; John A. Bishop, Deputy Director - Transportation; and Renee' S. Arlotta, Clerk. CALL TO ORDER & ADOPTION OF AGENDA Chairman Wilmot called the meeting to order at 7:00 p.m. Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the Planning Commission unanimously adopted the June 15, 2011, Planning Commission agenda as presented. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes of May 18, 2011 were unanimously approved as presented. Frederick County Planning Commission Page 2757 Minutes of June 15, 201 1 COMMITTEE REPORTS Development Review & Regulations Committee (DRRQ — 5/26/11 Mtg. Commissioner Unger reported that after a lengthy discussion on a revision to the zoning ordinance to include automobile repair shops as a permitted use in the MI (Light Industrial) Zoning District, the DRRC decided this change would be appropriate and forwarded their recommendation to the Commission. Commissioner Unger said the DRRC also had a lengthy discussion on revisions to the landscaping requirements in the zoning ordinance, but they decided to continue with further discussions on this topic. Transportation Committee — 6/13/11 Mtg. Commissioner Oates reported the Transportation Committee discussed six items: 1) Speed Reduction on Refuge Church Road — voted to review the request next month after VDOT provides input on accident data; 2) Interstate and Primary Road Improvement Plan — voted to approve with minor text edits; 3) Traffic Calming Measures in Canter Estates — voted to revisit this item after some nearly - completed road improvements have been finished and VDOT data becomes available; 4 and 5) MPO's Planning Work Program and Long -Range Plan — voted in support of both of these plans; 6) Discussion of crosswalks around the Greenwood Mill Elementary School — VDOT and Deputy Director - Transportation, John A. Bishop are studying the matter and will report back to the committee next month. Comprehensive Plans & Programs Committee (CPPCI — 6/13/11 Mtg. Commissioner Kriz reported that the CPPC had only one addendum to the 2011 Comprehensive Policy Plan and subsequently moved the plan forward. CITIZEN COMMENTS Chairman Wilmot called for citizen comments on any issue not on this evening's agenda. No one came forward to speak and Chairman Wilmot closed the citizen comment portion of the meeting. Frederick County Planning Commission Page 2758 Minutes of June 15, 2011 PUBLIC HEARING Review according to the State Code of Virginia, Volume 3A, Counties, Cities, & Towns, Section 15.2-2232, Legal Status of Plan, for the Frederick County Sanitation Authority, Silver Lake, and the Carpenter Land Trust for a ground storage water tank facility to serve the Round Hill Community and the Sewer and Water Service Area (SWSA). The purpose of this review is to ensure the proposed facility is substantially in accord with the adopted 2007 Comprehensive Policy Plan for Frederick County. This property is located on the west side of Poorhouse Road and is identified with P.I.N. 52 -A -47A in the Gainesboro Magisterial District. Action — Recommended Approval Commissioner Crockett said he would recluse himself from all discussion and voting on this item because he serves on the Sanitation Authority Board. Deputy Planning Director, Michael T. Ruddy, reported that the applicant is seeking a Comprehensive Plan conformance determination, in accord with the Code of Virginia, Section 15.2-2232, as to whether the general location of the Round Hill Ground Water Storage Tank on this property is consistent with the Frederick County Comprehensive Plan. He said the applicant for this review is the Frederick County Sanitation Authority (FCSA), Silver Lake, and the Carpenter Land Trust. The public facility proposed is a ground storage water tank facility to serve the Round Hill Community and the Sewer and Water Service Area (SWSA). Mr. Ruddy noted that very simply, the Planning Commission's evaluation is limited to determining if the location of this facility on this property is consistent with, and implements, the Comprehensive Policy Plan. He said that more detailed site development items will be addressed at the time of site plan approval in a manner consistent with the Frederick County Ordinance. Commissioner Thomas inquired if there were any other ground water or elevated water storage tanks on the Sanitation Authority's system in this area. Mr. Ruddy replied there were two ground water storage tanks in this general vicinity and he gave the approximate locations. Mr. Evan A. Wyatt of Greenway Engineering came forward as the representative for this application. Mr. Wyatt stated that the proposed location has been considered and endorsed by the FCSA's Board and the location served the need for the pressure and storage capacity needed to serve the Round Hill Community. In addition, placing this facility at this location would further the goal of the Comprehensive Policy Plan by providing water service to the community. Commissioner Thomas commented this will be the westernmost water supply connected into the total system in this area and will also be used for pressurization of the fire water system in the residential areas. Mr. Wyatt agreed. Chairman Wilmot next opened the public hearing to citizen comments and called for anyone in the audience wishing to speak. The following people came forward: Ms. Laura Campbell, an adjoining property owner and resident of the Gainesboro District, came forward to speak in opposition to this proposal and she read from a prepared statement. Ms. Campbell said that for too long government and certain business interests colluded to make it possible to take the land of one land owner and give it to another for the purpose of increasing tax revenue or employment or for private gain. She said that everything described about this plan and who benefits from it clearly points to private gain, a private benefit, private enterprise, and increasing tax revenue and Frederick County Planning Commission Page 2759 Minutes of June 15, 2011 economic development. Ms. Campbell believed the water tank will damage the viewshed of the Round Hill Community; it will negatively affect the property values of the surrounding property owners; and it did not conform with the Comprehensive Policy Plan. Ms. Campbell was not pleased that she would have to look at this water tank from her home. She was concerned about blasting during construction and possible damage that might be incurred to her well. She was also concerned about the noise, dirt, and traffic during construction and the impact to her quality of life. Ms. Campbell expressed concern about the possible damage or loss of mature trees along Skyview Lane during the installation of pipe; she said the trees provided a natural buffer for her property. Ms. Campbell spoke against the condemnation of private property for economic benefit for a private developer. Mr. Phil Haines, a resident of the Gainesboro District, said he lived fairly close to the proposed water tank and he was opposed to the tank location. Mr. Haines said he emailed the Planning Commission members many months ago about the history of Round Hill, which goes back to Revolutionary times when Hessian soldiers camped there. He believed placing a water tank here would disrupt the historical value of the hill. Mr. Haines said this tank will be fed by a pumping station behind Walmart. He believed there were other options available to provide water to the Round Hill Community. Mr. Haines stated there were other locations the tank could be located where no trees would be displaced and no neighbors would be affected. Mr. Dick Larson, an adjoining property owner and a resident of the Gainesboro District, was opposed to the proposed tank location. Mr. Larson said this tank was originally approved for the Silver Lake property as part of a rezoning application; he said the water tank was to be paid for by Silver Lake and it was to be located on their commercial property along Route 50. Mr. Larson read portions of the Comprehensive Policy Plan which stated that green infrastructure needed to be protected, including scenic views. In addition, he said the Round Hill Plan talks about minimizing visual disruption to the Route 50 Corridor. Mr. Larson said he was a participant in a lawsuit against the applicants to not only stop the project from proceeding, but to oppose the removal of the right to appeal this case to the Board of Zoning Appeals. Mr. Larson believed this project was being proposed for personal financial benefit, rather than for the benefit of the Round Hill Community. He expressed concern about the developer being given water and sewer rights for future development of his property. Mr. Larson was also concerned about the visual impact of the water tank. Mr. Bob Seville, an attorney representing local property owners, Mr. Dick Larson, Ms. Laura Campbell, Mr. Phil Haines, and Ms. Driver, came forward to speak in opposition to the proposed tank location. Mr. Seville did not believe a determination could be made as to whether the tank location was substantially in accord with the Comprehensive Policy Plan without knowing what the proposed tank was going to look like. He said it will be tall, big, and presumably have a 1.5 million -gallon capacity. He said it will take very large trees to screen the view of this tank from everything below it on Round Hill. Mr. Seville said the proposed tank location is outside of the SWSA and is another reason why this location should not be approved. He asked if the Commission was prepared to amend the Comprehensive Policy Plan to allow up to 300-400 homes on the Carpenter property. He said if this water tank is located outside of the service area it is intended to serve, the Commission is essentially saying that when Mr. Carpenter comes to the Commission with his rezoning application, the Commission will amend the Comprehensive Policy Plan and allow more urban -style development on his property; he said the Commission will be powerless to deny the rezoning. Furthermore, Mr. Seville said the Comprehensive Policy Plan speaks about the importance of the view sheds throughout this County and the protection of forestry. In conclusion, Mr. Seville stated that when Silver Lakes was approved, it carne before the Planning Commission and the Board of Supervisors with a proposed location for a water tower; he noted Frederick County Planning Commission rage ou Minutes of June 15, 2011 that proposed tower location was approved inside the SWSA. Mr. Seville remarked there was no need for this other location and he asked the Commission to deny this request. No one else wished to speak and Chairman Wilmot closed the public comment portion of the hearing. Commissioner Thomas commented that as part of the Comprehensive Policy Plan, it is the County's responsibility to make sure it provides a useable utility system that can serve residential and commercial development in the Urban Development Areas (UDA). He stated the system has to be designed based on hydraulic calculations and pressures that are usually determined through the fire protection system, not necessarily the residential water systems. Mr. Thomas said the locations of the storage and elevated tanks are based on engineering analysis of where those locations best balance the hydraulics of the total system and maintain pressure. He said the proposed location will not only help the Round Hill Community, but the fire and emergency response for our firemen. He said if the Sanitation Authority has stated this is where a tank is needed, then it is in accord with the Comprehensive Policy Plan to support the County's commercial, residential, and fire water systems, along with the Sanitation Authority's water system. A motion was next made by Commissioner Kriz to approve the proposed facility location and to support the project's substantial accordance with the Comprehensive Policy Plan. This motion was seconded by Commissioner Triplett and unanimously passed. BE IT RESOLVED, that the Frederick County Planning Commission has reviewed the proposal by the Frederick County Sanitation Authority, Silver Lake, and the Carpenter Land Trust for a ground storage water tank facility to serve the Round Hill Community and the Sewer and Water Service Area (SWSA) according to the State Code of Virginia, Volume 3A, Counties, Cities, & Towns, Section 15.2-2232, Legal Status of Plan, and the Planning Commission finds the proposed facility to be substantially in accord with the adopted 2007 Comprehensive Policy Plan for Frederick County and unanimously supports the proposed location on the west side of Poorhouse Road, on P.I.N. 52 -A -47A in the Gainesboro Magisterial District. (Note: Commissioner Crockett abstained from all discussion and voting on this item.) Conditional Use Permit #05-11 for AT&T Mobility and Willis Wolfe for a 170 -foot telecommunications facility with a 50 -foot by 50 -foot equipment compound at 575 Glengary Road. This property is further identified with P.I.N. 13-A-72 in the Gainesboro Magisterial District. Action — Tabled for 45 Days Chairman Wilmot announced that just prior to this meeting, the Planning Commission was informed the applicant cannot be present. Chainnan Wilmot asked if there was anyone in the audience who had planned to speak for this public hearing concerning the AT&T tower. There were two persons in the audience who wanted to speak. With that information, Chairman Wilmot said the Commission would proceed with the public hearing. Frederick County Planning Commission Page 2761 Minutes of June 15, 2011 Zoning and Subdivision Administrator, Mark R. Cheran, reported that this conditional use permit will enable the construction of a 170 -foot monopole commercial telecommunications facility. Mr. Cheran said the property is zoned RA (Rural Areas) and the land use is residential. He noted that the zoning ordinance requires that all proposed telecommunication facilities be subject to additional performance standards in order to promote orderly economic development and to mitigate the negative impacts to adjoining properties, residential properties, land use patterns, scenic areas, and properties of significant historic values. Mr. Cheran stated there were no properties of significant historical value, or any historical sites, adjacent to this proposed use. Mr. Cheran also noted that the Frederick Comity Zoning Ordinance requires an applicant to provide confinnation that an attempt was made to co -locate on an existing telecommunication facility and possible co -location structures. He said the applicant has provided an inventory of existing telecommunication facilities and no other telecommunication facilities or possible co -location opportunity structures exist in this area. Furthermore, the applicant had stated that this proposed commercial telecommunication facility will be positioned to provide the existing and future land uses in this area of the County with telecommunication needs. Mr. Cheran next read a list of recommended conditions, should the Planning Commission find this use to be appropriate. Commissioner Thomas commented there are no residences within 200 feet. He said the closest residence is on the Wolfe property and the next closest residence is approximately 750 to 1,000 feet away. Mr. Cheran agreed. Commissioner Mohn had a question concerning Condition #4, "The tower shall be removed by the applicant or property owner within 12 months of abandonment of operation." Commissioner Mohn asked if there was a system in place whereby the County would be informed when a tower is abandoned or when it is not being actively used by a provider. Mr. Cheran replied that it would be incumbent upon the applicant or the property owner to notify the County when the tower is not actively being used. Chairman Wilmot inquired how long a permit was valid when operating a telecommunications tower. Mr. Cheran assumed it would be as long as the applicant has FCC licensing. Chairman Wilmot next opened the public hearing and called for citizen comments. The following persons came forward to speak: Mr. Thomas Anderson, an adjoining property owner, said his home was approximately 750 feet from the proposed tower and he spoke in opposition to the conditional use permit. Mr. Anderson said he found this tower proposal to be incredibly insensitive to this area and its residents. He said this is a very rural area and most of the residents who moved to this area did so to escape the encroachment of technology and commercial development. Mr. Anderson said he was not only concerned with what was in the application, but what was not in the application; he believed it was deficient. He considered this a "boiler plate" application in which numbers are plugged in, depending upon the location. He noted the application states the site will house hazardous materials, but there is no plan to address hazardous materials if there is a spill. In addition, he wanted to know how far down into the ground a base would need to be to support a 170 -foot tower and thousands of pounds of antennae array. Furthennore, Mr. Anderson was concerned about protection of ground water and residential wells, which are located within 1,500 feet of the proposed site. Mr. Anderson was also concerned about the visual impact of the tower and the effect on property values. Frederick County Planning Commission u Page 2762 Minutes of June 15, 2011 Ms. Faye Latta, an adjoining property owner, was strongly opposed to the proposed tower and equipment compound location. Ms. Latta said her residence will be the most visually impacted and the proposal was not in keeping with the rural nature of this area. She suggested the tower be moved further up the mountain where it will not have as much of an impact. Ms. Latta mentioned the reference to magnetic radiation and asked if there will be testing of the water supply and quality. No other citizens wished to speak and Chairman Wilmot closed the public comment portion of the hearing. Chainnan Wilmot announced that the Commission would accept the applicant's request for a delay. She said the next time the Commission meets regarding this application, it will be a public meeting. Chairman Wilmot commented that the staff will forward the adjoining property owners' concerns to the applicant. Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, BE IT RESOLVED, that the Frederick County Planning Commission does hereby table Conditional Use Permit #05-11 of AT&T Mobility and Willis Wolfe for a 170 -foot telecommunications facility with a 50 - foot by 50 -foot equipment compound at 575 Glengary Road, at the applicant's request, for 45 days by a unanimous vote. PUBLIC HEARING Rezoning Application #01-11 of Carmeuse NA (North America)—Clearbrook, submitted by Patton, Harris, Rust & Associates and Thomas Moore Lawson, Esquire, to rezone 92 acres from RA (Rural Areas) District to EM (Extractive Manufacturing) District with proffers. The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike, and 3180 Martinsburg Pike, are located between the intersections of Route 11 with Bruce -town Road (Route 672) and Walters Mill Lane (Route 836). These properties are further identified by P.I.N.s 44-A-83, 44 -A -83A, and 33-A-144 (portion of). Action — Tabled for 45 Days AND PUBLIC MEETING Request of Carmeuse NA (North America) -Clearbrook, submitted by Patton, Harris, Rust & Associates and Thomas Moore Lawson, Esquire, for a waiver from the Frederick County Code, Chapter 165, Zoning, Article VI, Business and Industrial Zoning Districts. The requested waiver concerns Part 608, Extractive Manufacturing (EM) District, Section 165-608.05 Setback and Yard Requirements, particularly Sections 165-608,05(A)(2), 165-608.05(B)(1), and 165-608.05(B)(2), to allow the setback requirement to be reduced from 200 feet to 50 feet. The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike, and 3180 Martinsburg Pike, are located between the intersections of Route 11 with Brucetown Road (Route 672) and Walters Mill Lane (Route 836). The properties are further identified with P.LN.s 44-A-83, 44 -A -83A, and 33-A-144 (portion of). Frederick County Planning Commission Page 2763 Minutes of June 15, 2011 Action — Tabled for 45 Days Commissioner Crockett said he would recluse himself from all discussion and voting on the rezoning application and the waiver request because he serves on the Frederick County Sanitation Authority (FCSA) Board.) Deputy Planning Director, Michael T. Ruddy, stated that along with the rezoning application for Carmeuse NA, the Commission will be considering a separate application of a waiver for a reduction in the setback requirement to allow structures and excavations to be located closer to the front, side, and rear property lines than currently permitted. Mr. Ruddy said the proposed rezoning of land to EM (Extractive Manufacturing) is consistent with the industrial land use designation of the Comprehensive Policy Plan and the 2010 NELUP (Northeast Frederick Land Use Plan). He also noted that the property is within the SWSA (Sewer and Water Service Area). Mr. Ruddy stated that the County's NELUP recognizes the existing quarry operation in the EM (Extractive Manufacturing) District, along with the Industrial EM in the western part of the property. Deputy Director -Transportation, John A. Bishop, came forward to speak about the transportation issues related to this rezoning request. Mr. Bishop noted the applicant's proffer states they will no longer access Route 11, except for property maintenance, and will route their mining traffic to Brucetown Road as their primary access. Mr. Bishop commented this was basically the extent of the applicant's proffers relating to transportation. Mr. Bishop pointed out that the Comprehensive Policy Plan and the NELUP call for a number of improvements in this area, including the widening of Route l 1 for a six -lane, divided roadway; VDOT is recommending 120 feet of right-of-way along what now is typically 80 feet up and down the Route 11 corridor. In addition, there are issues in the areas across from the fairgrounds and the school and an additional 20 feet may be needed to reduce the impacts to those public facilities. Furthermore, the Comprehensive Policy Plan calls for the alignment of Brucetown and Hopewell Roads. Mr. Bishop said this application was viewed as a potential opportunity to forward that effort for alignment along with a number of other land use actions. Mr. Bishop continued, stating there was discussion about a TIA (Transportation Impact Analysis) early in the rezoning process. It was noted that if the applicant was not going to do a TIA, the applicant should at least proffer to limit their number of trips; however, the applicant has opted not to pursue either of these suggestions at this time. Commissioner Thomas inquired why the staff considered it preferable to limit the traffic to Brucetown Road instead of Route 11. Commissioner Thomas expressed a safety issue with loaded trucks and vehicles, especially because Brucetown Road was narrow with a considerable number of curves. Mr. Bishop replied there are fewer competing vehicles on Brucetown Road than Route 11. In addition, he said the Comprehensive Policy Plan calls for much more commercial and industrial development up and down Route 11. In the County's pursuit of better access management, the goal is to concentrate more exit/entry trips to side streets as opposed to the main thoroughfare, simply because it preserves capacity and safety on the through corridors. Commissioner Crosen asked Mr. Bishop about the intersection where Brucetown Road exits onto Route 11. Mr. Bishop replied that a split -phased signal was funded and installed through the Highway Safety Program. Mr. Bishop said there is also a signal at Hopewell and Brucetown, which run off the same box. Mr. Bishop said the signal has not been very popular, but the point behind it is to reduce some of the conflicts that happen when you have an off -set intersection. Frederick County Planning Commission Page 2 /64 Minutes of June 15, 2011 Mr. Bishop next answered questions from other Commissioners on various issues regarding the amount of traffic on Route 11 and the need for a six -lane divided highway, the need for a TIA to properly evaluate the traffic and spacing for signals, the problematic off -set intersection at Hopewell and Brucetown, and the inadequacy of Brucetown Road to handle dump trucks. Mr. Ruddy noted that although the proposed land use is supported by the Comprehensive Policy Plan, there were potential impacts associated with this rezoning, which included: 1) more intensive uses enabled in EM District; 2) historical comments from the HRAB; 3) impacts from mining operations, such as blasting, drilling, and dust -control; 4) impacts to adjacent uses and properties, such as Clearbrook Park, the Stonewall Elementary School, and residential dwellings; 5) comments from reviewing agencies, such as the Frederick County Attorney, the FCSA, Schools, and County Engineer; and, 6) requirements of buffers, screening, and setbacks. Mr. Ruddy noted that setback requirements are 75', 100', and 200' (adjacent to residential); he said the applicant is proposing a 50' reduction in all cases as part of a waiver request and the 50' reduction through the waiver is a part of the applicant's proffer statement. He said if the Commission is comfortable with the reduction, then the current proffer statement would be fine; however, if the Commission is uncomfortable with the reduction, there would be a concern with moving forward with the rezoning at this time. Mr. Ruddy continued, stating that after the Planning Commission's agenda was prepared, the applicant provided a revised proffer statement and sent it to all of the Planning Commission members individually. He said the proffer was revised to address the HRAB comments by moving the location of a berm; the adaptive re -use of the historic property was guaranteed; and the more intensive EM use, asphalt and mixing plants, was precluded from the property. Mr. James (Jim) Bottom, Area Operations Manager for the three quarries in the Valley, stated that Carmeuse Lime & Stone presently has about 1,000 acres of EM -zoned land and the proposed rezoning has been a part of their future planning for a long time. Mr. Bottom spoke about the numerous meetings that were held with the residents of Brucetown, Clearbrook, Walters Mill Lane, and the small community across from the elementary school, in order to determine concerns and address them. He said in response to some of the concerns, Carmeuse Lime & Stone repaired a private access lane at the end of Walters Mill Lane and they contacted WW Railroad about the repair of a railroad crossing the neighbors were concerned about. He said there were also concerns raised about noise and Carmeuse hired a company to perform a noise study and to recommend methods to minimize that impact. Mr. Bottom said issues were also addressed regarding the type and location of berms, the historical house, and requests for planting of trees along the property boundary. He said their proffers were written based upon this feedback from the residents. In addition, Mr. Bottom said they have answered all of the review agency comments by letter. Mr. Bottom next talked about the ballfields located on Carmeuse Lime & Stone property. He assured the Commission the ballfields will be relocated long before Carmeuse will need to disturb this area for excavating and they will work with the Parks & Recreation Department on the relocation. Mr. Bottom also spoke about the benefits Carmeuse Lime & Stone provides to the County. He said Carmeuse provides 131 high-quality industrial jobs in the region and provides an annual payroll of $7-10 million. In addition, they spend another $18-20 million with Virginia vendors, contractors, and suppliers. He said the County is being served water through the FCSA, pumping approximately 2-3 million gallons of water per day from their site north of Brucetown Road, which equates to a minimum of $1 million of annual savings to the County. Mr. Bottom said Carmeuse supplies high-quality construction aggregates at a low cost and high-quality agricultural lime to regional farmers and other industries. He noted that limestone Frederick County Planning Commission Page 2765 Minutes of June 15, 2011 dust is not toxic or hazardous to human health. He said the biggest concern of the neighboring residents was operational noise. Mr. Scott Harvey, a representative from Pheonix Noise and Vibration, stated he was hired by Carmeuse Lime & Stone to evaluate the noise concerns by adjacent residents and to conduct a study of the noise levels and abatement. Mr. Harvey provided some technical information and an overview of the results of the study to the Commission. He said the short-term noise levels during construction of the berm along the adjacent residential property boundaries will be high; therefore, construction of the ten - foot tall berm is planned for late October during daytime hours. He said the long-term noise condition will be quarry operations; however, the berm is designed to maximize noise reduction capabilities. He said the maximum noise levels will be 62-65 decibels closest to the berm. As operations move away from the berm, noise levels will drop due to distance to the mid 50s in decibels. He concluded by saying the overall noise impact with the berm in place is minimal and will be the same as background noise from I- 81 and Route 11. Commissioner Thomas commented that excavation equipment will be operating on a lift ten feet below the berm base, specifically, a drop of 20 feet from the top of the berm. Commissioner Thomas asked if there was a correlation between additional drop in elevation and direct percentage reduction in noise. Mr. Harvey replied the lower the excavation equipment goes, the quieter it will be. Mr. Thomas (Ty) Moore Lawson, P.C., with Lawson & Silek, P.L.C., representing Carmeuse Lime & Stone, said the latest revised proffers were sent to all the Planning Commission members, the Planning Staff, and the local citizens prior to tonight's meeting and he proceeded to review the revised proffers with the Commission. He pointed out that asphalt and concrete mixing plants were proffered out, which was in direct response to a request by the schools. The benns and buffers proffer was revised, at the request of the neighbors, to soften the angles on either side, and the applicants intend to construct a truly effective buffer with random landscape plantings. The proffers were also revised to reflect the HRAB's request to preserve the viewshed of the Martin farmhouse by running the berm behind the farmhouse. With regard to transportation issues, Mr. Lawson said VDOT's comment was that they were "satisfied the transportation proffers offered in the Carmeuse Limestone rezoning application addressed the transportation concerns associated with the request." Mr. Lawson said a TIA was not done and it was a direct result of having the scoping session between the applicant and VDOT. Mr. Lawson noted that although the applicant is requesting to rezone an additional 92 acres, the operation is not expanding, i.e., no additional square footage or no additional employees; they are simply looking for a different location to excavate. In addition, the applicant and VDOT discussed a commercial entrance on Route I 1 and VDOT did not want additional entrances on Route 11; this is reflected in the proffer. Mr. Lawson said the result is a reduction in trips on Route 11, which contributed to the decision not to do a TIA and why it was deemed there would be no additional impact from continuance of operation. With regard to HRAB issues, Mr. Lawson stated that a Phase 1 and Phase 2 historical study was done per the HRAB with a Phase 2 study done behind the farmhouse to document farming -type artifacts. The Martin farmhouse will be placed into adaptive re -use. With regard to dust control, the applicant is proffering the dust -control regulations mandated by the State. Mr. Lawson stated that the applicant out -sources all blasting and a representative with the blasting company is present to answer questions from the Commission. He noted the closest blasting to a dwelling will be over 200 feet away. Frederick County Planning Commission rage l /uo Minutes of June 15, 2011 Mr. Lawson next presented the Commission with a number of letters of support and a petition signed by 30 Canneuse employees who live in Frederick County. Included were 15 letters of support from neighbors in the Clearbrook/Brucetown area, and five letters of support from adjoining property owners, Marion D. Payne, Jr., Gregory Roberts, Joseph L. Butts, Frances G. Martin, and Randy Cornwell. With regard to future plans for widening Route 11, Mr. Lawson said the 50 -foot setback would lend itself to additional right-of-way, if it's needed; however, he was skeptical about the possibility of procuring the additional right-of-way needed along Route I 1 because of the existing businesses, the residences, and the church. He noted that the adjoining ten property owners have front yards directly abutting Route 11. Mr. Lawson said they were well aware of the proposed future alignment of the Hopewell/Brucetown intersections, but the applicant's operation will have no impact on that intersection because they will continue operations as is, even after the rezoning. Commissioner Lemieux said he was aware of FCP&R's (Frederick County Parks & Recreation) desire for the relocation of the ballfields, but he inquired about the relocation of the County's convenience center site. Mr. Lawson said they have been in communication with the FCP&R and with the County to give sufficient notification; however, at this point there is no start date. He said for the time being, the ballfields will remain, as well as the convenience center. Commissioner Unger inquired about the 50 -foot waiver from the required setbacks. Commissioner Unger said there will be a 100 -foot hole within 50 feet of someone's property line; he asked if there was any negative feedback on that from the adjoining property owners. Mr. Lawson referred to the five letters from the adjacent property owners and he believed their concerns were satisfied. Commissioner Unger also inquired if the excess water from the mining operations would go to the Sanitation Department as it has in the past. Mr. Lawson replied that the applicant has an agreement with the Sanitation Authority; he said an issue has arisen and an observation letter submitted. Mr. Lawson said the applicant is responding to a lawsuit filed; however, per their agreement, they continue to provide between two -to -three million gallons per day of free water to the Sanitation Authority. Commissioner Oates was interested in the applicant providing a date to the County as to when the convenience center site would have to be moved, so there would be sufficient time to relocate. In addition, Commissioner Oates said he understood it will be difficult to get right-of-way for the widening of Route 11; however, it gets really tough if right-of-way isn't procured when it's available. Commissioner Oates remarked that it is available right now because the applicant is before the Commission for a rezoning. Commissioner Oates stated that studies were done to back up the newly - approved NELUP and contained justification for the right-of-way. Commissioner Oates stated the acquisition of right-of-way for the future widening of Route 11 was an important aspect of whether or not he could support the rezoning. Commissioner Oates agreed the land use requested in this rezoning is consistent with the Comprehensive Policy Plan; however, he believed there were a few things lacking in the application and one of them was the contribution of right-of-way. He also wanted to see something guaranteeing Frederick County, not the Sanitation Authority, the access to the water now and into the future, similar to what was done in Middletown. Commissioner Oates said water will be desperately needed in the future by the citizens of Frederick County. He said the FCSA is a third party and does not influence his vote. Another issue was a new location for a fire and rescue building. He said there are potentially three to five acres in the vicinity that could potentially house a new fire and rescue building. Commissioner Oates wanted Mr. Lawson to discuss this with his clients. Commissioner Oates' final issue was his desire to see the commercial entrance on Route 11, not Brucetown Road. Commissioner Frederick County Planning Commission Page 2767 Minutes of June 15, 2011 Oates did not think he could provide a supportive vote with the proffer stating there would be no entrance on Route 11. Chairman Wilmot next opened the public hearing to citizen comments. Chairman Wilmot asked those persons present who were in support of the rezoning application to raise their hands. (Note: The clerk noted almost all persons present raised their hands.) Chairman Wilmot next asked those persons present who were opposed to the rezoning to raise their hands. (Note: The clerk noted that no one raised their hands.) The following persons came forward to speak: Mr. Mark Georgian, a 12 -year resident of the Stonewall District and an employee of Carmuese for over 23 years, said the quarry people have developed a good working relationship with the fire department, the Ruritan Club, the Fair Association, Frederick County Parks & Recreation, the American Little League, and the neighbors. He said they have worked hard over the previous four years in building a sustainable relationship with the neighbors. Mr. Georgian said he was speaking tonight on behalf of the employees. He said this rezoning was critical to the business and the longevity of the operation; it was also critical to maintain jobs for the employees at the three locations. Mr. Georgian talked about the quality and variety of the products produced. He asked the Commission to support the rezoning efforts, so the employees and their families can continue working. Mr. Andy Wright, a resident of the Back Creek District and a Carmeuse employee for the past 14 years, spoke about how he started out as an electrician and worked his way up to be a project manager and he now works at various sites up and down the east coast. He said the mine paid for his education and gave hien opportunities. He spoke about how his grandfather worked in the mines and how it was a stable place to work with good pay. He showed a photograph of his grandfather and told a story of how his grandfather helped to break the ground for the new Clearbrook site. Mr. Wright said the mining industry has provided the means to support his family and many folks present this evening. He asked the Commission to approve the proposed rezoning. Mr. Bruce Carpenter, a resident of the Gainesboro District, and a life-long resident of Frederick County, said his professional career for the past 24 years has been as a sales representative for the Albin Tractor Company in Clearbrook. He said in February 2009, Albin Tractor Company opened a $13.5 million dollar facility in Clearbrook in which 52 people are employed and are involved in the sales, parts, and service of Catepillar heavy equipment and on highway truck engines. Mr. Carpenter said they share a professional working partnership with Carmeuse in this area and many of their employees, including him, depend on this relationship for their financial well-being. He said he also farms in Frederick County and they make hay at various locations on the northern end of the County, including land owned by Carmeuse in Clearbrook. He noted that Carmeuse makes land available to him and many other farmers in this area for the purpose of expanding their farming enterprises. Mr. Carpenter noted that the location of natural resources was established millions of years ago; this quarry has been operating in Clearbrook for decades. He said Carmeuse provides substantial tax revenue to Frederick County and local jobs that cannot be out -sourced, with many of the employees being second generation or longer. He said Carmeuse has been a good neighbor to the residents of Clearbrook and Brucetown. Mr. Carpenter asked the Commission to recommend approval of the rezoning application as submitted. Mr. Jeff Jenkins, a resident of Stonewall District and the owner of Pine Knoll Construction, said over the last four years the economy has been miserable. Mr. Jenkins said thanks to the support of Carmeuse in using him as a subcontractor, he has been able to make it through the tough times. Mr. Jenkins asked the Commission to support the rezoning so he can continue his business with Carmeuse. Frederick County Planning Commission Page 2768 Minutes of June 15, 2011 Mr. Clarence Harmon, a resident of Back Creek, said he has continued to work at Carmeuse through these tough economic times; he asked the Commission to recommend approval of this rezoning so he can continue to work. Ms. Rose McDonald, a 4-H leader and Director of the Frederick County Fair, said she was fond of the Carmeuse Company. Ms. McDonald said not only does Carmeuse employ people in Frederick County, but they also donate to this County. She said area youths have been fortunate to have Carmeuse donate all of the footing for the arena that the 4-H youths fund -raised and built and is worth $60,000. She said they did this not once, but twice. She said she hoped the issues could be worked out and the Commission can support the rezoning. No one else wished to speak and Chairman Wilmot closed the public hearing. Commissioner Thomas said he supported the rezoning, but there were a couple issues he believed needed to be cleared up. Commissioner Thomas referred to Exhibit 2 which showed a landscaped berm of ten feet and the acoustical analysis was done on a berm of ten feet; however, on Exhibit 4, a landscaped berm of six -to -ten feet is shown. He believed this discrepancy may change the acoustical analysis and there needed to be a minimum footage or the exact height of the berm stated within the proffer. He said the berm also needs to be "maintained" at ten feet. Secondly, Commissioner Thomas said he was not pleased with additional traffic on Brucetown Road. He said if Brucetown Road is going to be the primary access road, something needs to be done as far as the lines of sight and regrading the curves. Regarding the pit being 60-70 feet away from the rear of lots of existing houses, he inquired if it was standard practice to put strain gauges on the sides of the pits to monitor any movement. He said this would guarantee there is no disruption to the properties outside of the pit. Commissioner Thomas also was interested in knowing if the expansion would get the operation closer to any existing water wells; he said limestone was subject to fracture and could cause potential disruptions. Mr. Lawson returned to the podium to respond to some of the questions from the Commission. Regarding potential disruptions to wells, he said they do not expect nor have they experienced any issues regarding disruptions to wells. In response to the berms, he said they will make certain the proffer states the berms will be maintained at ten feet. Regarding the lines of sight and curves on Brucetown Road, Mr. Lawson said they have not received comments from VDOT about the inadequacy of the road to handle the traffic. Mr. James (Jim) Bottom came forward to address the question regarding strain gauges. Mr. Bottom said it was not typical in their quarrying activities to place strain gauges. He said their history has not shown any experience with wall failures and the geology is such that it is a non -issue. There was some discussion regarding the geology of the pits and stability of the pits. Commissioner Oates asked a procedural question about whether the Commission needed to act on the waiver first and the rezoning second, or if they had to be done together. Mr. Ruddy replied that the waiver does not require a public hearing; however, there may be some discrepancy with the applicant's revised proffer and the corresponding exhibits that would need to be corrected. Commissioner Oates commended the applicants for meetnig with all of the neighbors and conducting community studies, but he believed there were several issues that remained to be addressed. Commissioner Oates said he was adamant about the 60 -foot right-of-way from the centerline because the County needed it and this was the County's only opportunity to get it. He wanted to see something ensuring the County will have access to the water in the future, separate from any issues with the FCSA. Frederick County Planning Commission Page 2769 Minutes of June 15, 2011 Commissioner Oates also wanted to see something resolved about the Fire & Rescue issue. He said until these issues are resolved, it would be difficult for the Commission to act on the waiver request. Commissioner Oates next made a motion to table the waiver request for 45 days until the proffers are cleaned up. This motion was seconded by Commissioner Kriz. The motion was approved by a majority vote. BE IT RESOLVED, that the Frederick County Planning Commission does hereby table for 45 days the request of Carmeuse NA (North America) -Clearbrook, submitted by Patton, Harris, Rust & Associates and Thomas Moore Lawson, Esquire, for a waiver from the Frederick County Code, Chapter 165, Zoning, Article VI, Business and Industrial Zoning Districts, to allow the setback requirement to be reduced from 200 feet to 50 feet. The majority vote was as follows: YES (TO TABLE WAIVER 45 DAYS): Unger, Crosen, Manuel, Oates, Wilmot, Kriz, Lemieux NO: Ainbrogi, Thomas, Madagan, Triplett, Mohn ABSTAIN: Crockett Commissioner Oates next made a motion to table the rezoning application for 45 days to give the applicant time to address the issues raised by the Commission. This motion was seconded by Commissioner Kriz. The motion was approved by a majority vote. BE IT RESOLVED, that the Frederick County Planning Commission does hereby table for 45 days the rezoning application of Carmeuse NA (North America) -Clearbrook, submitted by Patton, Harris, Rust & Associates and Tomas Moore Lawson, Esquire, to rezone 92 acres from RA (Rural Areas) District to EM (Extractive Manufacturing) District with proffers. YES (TO TABLE REZONING 45 DAYS): Unger, Crosen, Manuel, Oates, Wilmot, Kriz, Triplett, Lemieux, Mohn NO: Ambrogi, Thomas, Madagan ABSTAIN: Crockett Frederick County Planning Commission Page 2770 Minutes of June 15, 2011 ADJOURNMENT No further business remained to be discussed and upon motion made by Commissioner Kriz and second by Commissioner I homas, the meeting adjourned at 9:33 p.m. by a unanimous vote. Respectfully submitted, June M. Wilmot, Chairman Eric R. Lawrence, Secretary Frederick County Planning Commission Page 2771 Minutes of June 15, 2011 • 11 COUNTY of YREJOE -SICK Department of Planning and fle velopment i40/665-5651 FAX: 5459/(.- 65-4395 MEMORANDUM TO: Frederick County Planning Commission FROM: John A. Bishop, AICP, Deputy Director - Transportation RE: Update of the Interstate and Primary Road Plans DATE: July 19, 2011 This is a. public hearing item to consider the update of the 2011 — 2012 Interstate and Primary Road Improvement Plans. These plans remain largely unchanged with the exception of an update to language for Route 277 to acknowledge the funding recently received on that roadway. The Transportation Committee reviewed this item at their meeting on June 13 and recommended approval. Staff is seeking a recommendation for the Board of Supervisors on the plan. Attachments JAB/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22501-5000 1%n-11 R� Iry mE1 STATE ROAD IMPROVEMENT PLAN fa Yr FREDERICX COUNTY, VIRGINIA DRAF"I"T Frederick County Transportation Committee: 06/1312011 Frederick County Planning Commission: Frederick County Board of Supervisors: I-81Improvements: Provide additional travel lanes on the main line, collector -distributor lanes adjacent to the main line, modifications to existing interchange areas, and develop new interchange areas and bridge crossings of the main line as recommended by the W1nFred MPO Long Range Plan. In addition, as the State continues to work toward an ultimate plan for the I-81 widening, the County of Frederick continues to support the study of Eastern Route 37 as a potential corridor on new location as an alternative for that effort. Moreover, the County of Frederick supports exploration of the potential for rail transportation as a component of the Interstate 81 Corridor improvements. A) Progress to Phase 1 of the F11WA approved interchange modification to Exit 310 (as illustrated on map as priority A) B) Relocate Exit 307 further south to alleviate existing and future congestion on Route 277. There is an urgent need to begin increased study of this project. (as illustrated on map as priority B) C) Widen I-81 from Fairfax Pike to Route 37 forth. This should include the relocation of the 277 Interchange. From: Route 277, Exit 307 To: Route 37 North, Exit 310 (as illustrated on map as priority C) D) Widen Remainder of I-81 in Frederick County From: West Virginia line To: Warren County line (as illustrated on map as priority D) E) Spot Improvements on 1-81 in Frederick County. Provide spot improvements at various interchanges to increase capacity and/or enhance safety for the motoring public. 2011-2012 PRIMARY ROAD IMPROVEMENT PLAN for FREDERICK COUNTY, VIRGINIA Frederick County Transportation Committee: 06/1312011 Frederick County Planning Commission: Frederick County Board of Supervisors: 1) Route 37 Bypass A. route 37 - Phase 1 Initiate final engineering and design, acquire right-of-way, and establish a construction phase schedule for the southern segment of the Route 37 Eastern Bypass from Interstate 1-81 to Front Royal Pike (Route 522 South). (As illustrated on map as priority IA) B. Route 37 - Phase 2 Initiate final engineering and design, acquire right-of-way, and establish a construction phase schedule for the preferred alternative between existing Route 37 around Stonewall Industrial Park and Route 7. (As illustrated on map as priority IB) C. Route 37 - Phase 3 Initiate final engineering and design, acquire right-of-way, and establish a construction phase schedule for the preferred alternative between Route 7 and Route 522. (As illustrated on map as priority 1 C) 2) Route 277 (East of Stephens City) From: I-81/Route 277/Route 647 Intersection (East of Stephens City) To: Route 340/Route 522 South Intersection (East of Double Toll Gate) Phase l: From the 1-81/277 Interchange to Route 636 (As indicated under note for priority IB) Phase 2: From Route 636 to Route 340/Route 522 (As indicated on map as priority 2) Improve to a four lane divided roadway with County staff to work with site developers to acquire dedicated right-of-way and achieve grading, drainage, and construction improvements in conjunction with development projects which occur along the corridor until such time that funding is available for construction. Establish a construction schedule for the phased improvement of Fairfax Pike (Route 277). Program funding for the completion of right-of-way acquisition and construction of each phase as described above. 3) route 11 (North and South of Winchester) A) Establish an Urban Divided Four Lave System From: Southern limits of the City of Winchester To: 0.4 miles south of intersection of Route 37 South, Exit 310 (As illustrated on map as priority 3A) B) Establish an Urban Divided Four Lane System From: Northern limits of the City of Winchester To: Intersection of Merchant Street (As illustrated on map as priority 3B) C) Establish an Urban Divided Four Lane System From: Intersection of Merchant Street To: West Virginia line (As illustrated on map as priority 3C) 4) South Frederick County Parkway From: Relocated Exit 307 To: Intersection with Route 277 approximately 1 Mile west of the intersection of Route 277 and Route 522 This is a planned new roadway with limited access points serving a mixture of predominantly commercial and industrial development. There is need to study this project in conjunction with the Exit 307 relocation and planning for Route 277 improvements noted in item 3. Phasing of this project is not yet clearly defined, however general phasing would be from West to East with the clear first phase being from relocated Exit 307 to Warrior Dr. (As illustrated on map as priority 4) 5) Commuter Park and Ride Lots Establish a new park and ride facility along the Berryville Pike (Route 7) corridor. Work with the Northern Shenandoah Valley Regional Commission to determine appropriate locations for park and ride facilities at other strategic locations within the County's Urban Development Area. For Park and Ride locations in Frederick County the primary goal should be that they are situated in such a manner that they reduce traffic in Frederick County in addition to adjacent localities. (As illustrated on map as priority 5) REZONING APPLICATION #01-11 CARMEUSE NA — CLEARBROOK REZONING Staff Report for the Planning Commission Prepared: July 18, 2011 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 06/15/11 Tabled 45 days 08/03/11 Pending Board of Supervisors: 07/27/11 Pending PROPOSAL: To rezone 92 acres from RA (Rural Areas) District to EM (Extractive Manufacturing) District, with proffers. LOCA'T'ION: The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg Pike, are located on the east side of Route 11 between the intersections of Brucetown Road (Route 672) and Walters Mill Lane (Route 836). EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 08/03/11 PLANNING COMMISSION MEETING: The Applicant has provided the County with a revised proffer statement dated July 12, 2011. At this time, the proffer statement is unsigned. Also, an updated Exhibit 2 has yet to be provided consistent with that presented to the Planning Commission during their 6/15/11 meeting. It is anticipated that these items will be forthcoming from the Applicant. The revisions to the proffers area as follows. 1) The provision for the dedication of 20 feet across the property whenever a demand is made for the same by Frederick County or VDOT (6.2). Please note that said dedication would be from within the proposed 50 foot setback, potentially reducing the buffer along Route 11 to 30 feet. 2) The provision for an entrance on Route 11, provided the entrance is approved by Frederick County or VDOT (6.1). All other elements of the application remain the same as evaluated during the Planning Commission meeting. With the recognition that Exhibit 2 represents the relocated berm and screening around the Martin House and the adaptive reuse of the Martin House, the Applicant has addressed the comments of the HRAB. The other concerns expressed by staff in the conclusion offered previously and as follows remain valid. Rezoning #01-11 Carmeuse NA — Clearbrook Rezoning July 18, 2011 Page 2 EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 06/15/11 PLANNING COMMISSION MEETING: The Carmeuse NA - Clearbrook rezoning application addresses some of the goals of the Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated to ensure they fully address specific components of the Comprehensive Plan. In addition, the Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. The Planning Commission should pay particular attention to the following: 1. The Potential impacts associated with more intensive use of properties. 2. The r-eeefthmendations of the Hister-ie Reseufees Advisory Be--u-d. 3. The potential impacts on adjacent properties. 4. The potential transportation impacts on Route 672 and Route 11. 5. The concerns of the reviewing agencies, in particular the County Attorney. Following the required public hearing, a recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. Rezoning #01-11 Carmeuse NA — Clearbrook Rezoning July 18, 2011 Page 3 This report is prepared by the Frederick County Planning Staff 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: 06/15/11 Tabled 45 days O8/03/1I Pending Board of Supervisors: 07/27/11 Pending PROPOSAL: To rezone 92 acres from RA (Rural Areas) District to EM (Extractive Manufacturing) District, with proffers. LOCATION: The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg Pike, are located between the intersections of Route 11 with Brucetown Road (Route 672) and Walters Mill Lane (Route 836). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 44-A-83, 44 -A -83A and 33-A-144 (portion of (see exhibit)) PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Vacant/Agricultural/Residential/Park ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Clearbrook Park South: RA (Rural Areas) Use: Residential/Agricultural East: EM (Extractive Manufacturing Use: Quarry West: RA (Rural Areas) Use: School/Residential/Vacant/Fairgrounds Rezoning #01-11 Canneuse NA — Clearbrook Rezoning July 18, 2011 Page 4 REVIEW EVALUATIONS: V iiaiuia Dept. of Transportation: The dOcUlnentat.— 6.'itl'.i'1 the appllCatinn to re�nne this prnparty appears to have little measurable impact on Route 672. This route is the VDOT roadway which has been considered as the access to the property. VDOT is satisfied that the transportation proffers offered in the Carmeuse Lime & Stone Rezoning Application dated February, 2011, address transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right- of-way needs, including right-of-way dedications, traffic signalization, and off-site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Plans approved. Clearbrook Volunteer Fire Co., Inc. — Follow Frederick County Fire & Rescue recommendations. Public Works Department: 1. Refer to Site and Land Use History, page 3: The discussion references the quarry company's attempts to meet with adjacent residents to address concerns to insure minimal impact to the surrounding community. This discussion should be expanded to include the measures that will be employed to remediate the impacts of the open pit mining operations on the ten single family residents located along Route 11. In particular, we anticipate the impacts from the mining operations will include dust, noise, lower groundwater levels and possible damage to building structures. 2. Refer to Soils/Geology, page 4: Expand the discussion to include a description of the actual geological formations that will be impacted and extracted by the proposed mining operations. 3. Refer to Solid Waste Disposal, page 5: The proposed rezoning incorporates property that is currently leased by Frederick County for use as a citizens' refuse disposal site. Frederick County signed a lease with O -N Minerals to use this property which is located immediately east of the park's ball field. The lease included an initial ten year time frame with two, five year renewals. At the time the lease was executed, representatives from O -N Minerals indicated that they anticipated underground mining to remove the high calcium limestone. Based on the proposed rezoning, we understand that Carmeuse NA plans to continue the current open pit approach. Nevertheless, considering the investment that Frederick County has made to this site to accommodate citizen refuse, we would appreciate the continued use of this site until at least 2024. If this request fits within the proposed development time frame of the quarry operations, we would appreciate that it be included in the proffer statement. Department of Inspections: Sanitation Authority: No comments. Service Authority: Frederick -Winchester Health Department: Health Department has no objection to the request so long as no existing or proposed drainfields and wells are negatively impacted. Rezoning #01-11 Canneuse NA —Clearbrook Rezoning July 18, 2011 Page 5 Historic Resources Advisory Board: Please see attached letter dated April 1, 2011, from Candice E. Perkins, AICP, Senior Planner. Department of Parks & Recreation: No comment. Winchester RelZional Airport: We have completed a review of the proposed rezoning application and determined the rezoning should not impact operations of the Winchester Regional Airport. Frederick County Public Schools: Please see attached letter dated April 18, 2011, from K Wayne Lee, Jr., Coordinator of Planning and Development. Frederick County Attorney: Please see attached letter dated April 10, 2011, from Roderick B. Williams, County Attorney. Planniniz Department: Please see attached Memorandum dated April 15, 2011, from Michael T. Ruddy, AICP, Deputy Planning Director. Planning & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Inwood/Stephenson Quadrangles) identify 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 balance of parcel 33-A-144 not zoned RA was zoned EM during the County's comprehensive downzoning RZ# 13-80 completed in 1980. The most recent rezoning from RA to EM in the vicinity of this property occurred with RZ#010-98 when W.S. Frey rezoned 31.74 acres at the southern end of their property. Numerous adjustments to the boundaries of the parcels in this area have occurred in recent years. The applicant has provided a plat which depicts a zoning boundary within parcel 33-A-144. This line appears to accurately reflect the existing boundary of the EM zoned land. The County agrees that the location identified on the plat resolves any ambiguity as to the zoning boundary. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy 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. [2007 Comprehensive Policy Plan, p. 1-1] Rezoning #01-11 Carmeuse NA — Clearbrook Rezoning July 18, 2011 Page 6 Land Use. The 2007 Comprehensive Policy Plan and the Northeast Frederick Land Use Plan provide guidance on the future development of the property. The property is located within the SWSA. The Comprehensive Policy Plan identifies the general area surrounding this property with an industrial land use designation. In general, the proposed Extractive Manufacturing (EM) land use designation for this property is consistent with this industrial land use designation of the Comprehensive Plan. This consistency was confirmed during the approval process for the adopted Northeast Land Use Plan in 2010. The Draft 203 0 Comprehensive Plan includes the Northeast Land Use Plan as an approved Area Plan in Appendix I. Therefore, the proposed Comprehensive Plan would continue to recognize the properties consistency with the Comprehensive Plan from a land use perspective. Site Access. The impact statement and proffer statement describe that public road access will be provided to the rezoned parcel and that all traffic will continue to use the existing quarry entrance on Brucetown Road, Route 672. Access by vehicles needed for periodic maintenance of the properties shall not be limited. Environment Issues concerning water quality, quantity, use, and protection of water resources are directly related to land development activities. Water supplies are needed to support development, while surface and groundwater are potentially affected by development activities [Comprehensive Policy Plan, p. 5-31. Major sources of water used in the County are groundwater and the North Fork of the Shenandoah River. In 2000, the Frederick County Sanitation Authority entered a seventy year lease with Global Stone Chemstone Corporation (Global). Global owns quarries at Clearbrook, Middletown, and Strasburg (Please note the ownership of the quarries has subsequently changed). The lease provides the water from these quarries as a source of supply and transfers title of the quarries to the Frederick County Sanitation Authority when the mining operations are complete. The agreement has provided a viable long term source of water for the County [Comprehensive Policy Plan, p. 5-3]. History A portion of the property for which the rezoning is being requested is included in the study area for the Third Battle of Winchester. The Rural Landmarks Survey of Frederick County identifies one historic structure on the site, the Zinn House (Martin Farm), and one adjacent to the site, Rose Farm. Both these properties are listed as potentially significant properties. To address the historic preservation policy goal of protecting the historic resources in Frederick County, The Comprehensive Plan provides that the Historic Resources Advisory Board (HRAB) review development proposals which potentially impact significant historic resources and that the HRAB's information and recommendations are forwarded to the Planning Commission and Board of Supervisors. The recommendation of the HRAB accompanies this report. Rezoning #01-11 Canneuse NA — Clearbrook Rezoning July 18, 2011 Page 7 Transportation The Eastern Road Plan of the Comprehensive Policy Plan covers this portion of the County. The Eastern Road Plan is comprised of the transportation components of the various Area Plans. The transportation component of the Northeast Land Use Plan identifies the need for an ultimate six lane improvement for the Route 11 corridor in the vicinity of this project. According to VDOT, the minimum right-of-way necessary for this improvement would be 120', or 60' from the center of the existing right-of-way. The dedication of right-of-way to support the widening of Route 11 should be addressed. 3) Site Suitability/Environment The southern property contains environmentally sensitive areas. The applicant has not identified this in the impact analysis. Under C. Suitability of the site, Environmental Features, it is stated that the subject parcels contain no known environmental features. Section G. Historical Sites and Structures, describes that a Phase II Archeological Study is being conducted of the area adjacent to the spring near the historically significant Martin Farmhouse. County mapping and site observations indicate pond, stream, and wetland features on the property. Any disturbance of identified environmental resources would occur in conformance with applicable County, State, and Federal regulations. The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcels fall under the Oaklet-Carbo-Chilhowie soil association. Multiple soil types are located on the sites. It is recognized that the limestone deposits that underlie the properties provide the ideal geological conditions for Extractive Manufacturing use. In addition, the most productive aquifers in the County are the limestone -carbonate aquifers that are present in this area. 4) Potential Impacts Potential Impact Summary. In evaluating the Carmeuse NA Clearbrook rezoning application it is very important to recognize that the applicant has not proffered a commitment to the use of the property beyond those which would be enabled by the EM (Extractive Manufacturing) District. All land uses, meeting the applicable development standards, would be permitted within the district based upon the application as submitted. The County is familiar with the operation and practices of the existing Clearbrook Quarry operation and recognizes that the purpose of the rezoning request is to enable the expansion of the existing limestone ore extraction operation onto adjacent properties, utilizing this natural resource. However, lacking a commitment that seeks to further define the scope of operations, this application should be evaluated carefully and with the understanding that the use of the properties could be more intensive than that described in the applicant's impact statement. Rezoning #01-11 Canneuse NA — Clearbrook Rezoning July 18, 2011 Page 8 Consideration should be given to the maximum possible intensity of EM (Extractive Manufacturing) use identified in the County's Zoning Ordinance. The impacts associated with this rezoning request may be more significant and should be understood. The applicant should be prepared to address the mitigation of the impacts associated with this rezoning request, in particular, those impacts and issues identified by the reviewing agencies. Guarantees in the form of proffered conditions have not been offered to ensure that the impacts generated by this application are limited and consistent with the discussion in the Impact Statement. The applicant has the ability to address this through the Proffer Statement. When considering the acreage potential, the dimensional requirements, and the EM District uses, it is possible that facilities located adjacent to Route 11 could result, as could facilities located within 50 feet of the adjacent RA zoned property surrounding the site, including Clearbrook Park. The scope of the impacts could exceed the projections identified and accommodated in the impact statement and TIA. Historic Resources The Frederick County Historic Resources Advisory Board (HRAB) considered the O -N Minerals (Chemstone) rezoning application during their March 16, 2011 meeting. The HRAB expressed that they could support the approval of this project if the suggestions offered as a result of the HRAB meeting are considered by the applicant in order to mitigate impacts on the historic resources (Please see HRAB letter dated April 1, 2011, signed by Candice E. Perkins, Senior Planner). Transportation. Review of the application indicates that while the applicant contends that overall truck trips on the public road system will not increase, there is no proffer to support this. While it may be true that daily trips are not expected to increase, the fact remains that rezoning of this parcel would increase the overall impact to our transportation system over time through the enabling of additional mining activity. Numerous traffic impact analyses in this area have highlighted the need for improvements and alignment of Brucetown and Hopewell Road. In addition, the Northeast Land Use Plan calls for interchange modifications and transportation improvements to support the planned uses for this area. This includes the area that is proposed for rezoning. Established County policy is that new or additional development is responsible for implementation of the comprehensive plan which calls for it. Part of this responsibility is participating in the infrastructure needed to support development of that comprehensive plan. At this time it does not appear that this application adequately addresses that responsibility. The transportation component of the Northeast Land Use Plan identifies the need for an ultimate six lane improvement for the Route 11 corridor in the vicinity of this project. According to VDOT, the minimum right-of-way necessary for this improvement would be 120', or 60' from Rezoning #01-11 Carmeuse NA — Clearbrook Rezoning July 18, 2011 Page 9 the center of the existing right-of-way. The dedication of right-of-way to support the widening of Route 1 I should be addressed. A TIA was not provided for this project. This determination was based upon a development scenario that has not been proffered. As transportation relates directly to land use it must be recognized that the Proffer Statement does not place a limitation on development beyond that permitted by the district. Therefore, the number of vehicle trips, and consequently the impacts, could be considerably higher than that described with the development of additional EM land uses. Mining Operations and Community Impacts Associated with mining operations is the potential for a variety of impacts that may affect surrounding properties and land uses. The Division of Mineral Mining of the Virginia Department of Mines is responsible for permitting mining operations within the State of Virginia including the operations of Carmeuse at the Clearbrook Quarry. The EM (Extractive Manufacturing) District of the Frederick County Zoning Ordinance provides additional local requirements that seek to minimize the impacts associated with Extractive Manufacturing uses. Provisions and performance standards are provided to protect surrounding uses from adverse impacts. Appropriate landscaping or screening may be required by the Zoning Administrator or Planning Commission within any required yard setback area in order to reasonably protect adjacent uses from noise, sight, dust, or other adverse impacts. In addition to the potential impacts of the proposed mining operations on the view shed from the historical perspective, consideration should be given to the visual impacts on the landscape from the perspective of the adjacent residential landowners and from the perspective of residents and visitors traveling along Route 11, Martinsburg Pike which borders the proposed mining operation. Adjacent properties The EM (Extractive Manufacturing) district of the County's Zoning Ordinance provides for additional performance standards which are aimed at protecting surrounding land uses from adverse impacts. Specifically, the following two standards address excavations 1. (Front Setback). Excavations shall be no closer than one hundred feet from any road, street, or highway right-of-way. 2. (Side & Rear Setbacks). Excavations shall be no closer than one hundred feet from any property zoned RA. No excavation shall be located closer than 200 feet from any dwelling or platted residential subdivision. Waiver Request The applicant, Carmeuse NA - Clearbrook, is seeking a reduction in the setback requirement for the EM Extractive Manufacturing District as it applies to their property to allow structures and excavations to be located closer to the front, side, and rear property lines than is currently permitted by Ordinance. Rezoning #01-11 Carmeuse NA — Clearbrook Rezoning July 18, 2011 Page 10 More specifically, Carmeuse NA - Clearbrook, are requesting a waiver to Chapter 165 Zoning, Article CJI Business and Industrial Zoning Districts. The requested waiver is to Part 608 EM Extractive Manufacturing District, 165-608.05 Setback and Yard Requirements, particularly 165 -608.05(A)(2),165 -608.05(B)(1) and 165-608.05(B)(2), to allow the setback requirement be reduced from 75 feet, 100 feet, and 200 feet, respectively, to 50 feet in all cases. Through a separate action, the Planning Commission should determine if the applicant has, through the use of measures such as landscaping or screening, effectively protected the adjacent properties, including the residential properties and Clearbrook Park, and along Route 11, the appropriate measure of protection and has not reduced the effectiveness of the buffering and screening. If the applicant has not satisfactorily demonstrated the effectiveness of the alternative buffer and screening to the Planning Commission, the proffer statement incorrectly reflects the current setback requirements of the Zoning Ordinance. 3) Proffer Statement — Dated February 8, 2011 (Revised July 12, 2011) A) Allowed Uses: i. The Proffer Statement states that the Properties shall be developed with extractive manufacturing land uses pursuant to the approved mining permit. It should be recognized that the applicant has not proffered a commitment to the use of the property beyond those which would be enabled by the EM (Extractive Manufacturing) District. All land uses, meeting the applicable development standards, would be permitted within the district based upon the application as submitted. The County is familiar with the operation and practices of the existing Quarry operations, both here and in Middletown, and recognizes that the purpose of the rezoning request is to enable the expansion of the existing limestone ore extraction operation onto adjacent properties, utilizing this natural resource. However, lacking a commitment that seeks to further define the scope of operations, this application should be evaluated carefully and with the understanding that the use of the properties could be more intensive than that described in the applicant's impact statement. ii. Please refer to the list of permitted uses and the maximum possible intensity of EM (Extractive Manufacturing) use identified in the County's Zoning Ordinance. As noted previously, the Impact Analysis states that the Applicant has proffered that activities such as asphalt or concrete mixing plants, cement and lime kilns, and oil and natural gas extraction will be prohibited. The Proffer Statement does not prohibit such uses, or other EM uses. Rezoning #01 A I Carmeuse NA — Clearbrook Rezoning July 18, 2011 Page 11 B) Access Management and Transportation. i. The applicant contends that overall truck trips on the public road system will not increase; however, there is no proffer to support this. While it may be true that daily trips are not expected to increase, the fact remains that rezoning of this parcel would increase the overall impact to the transportation system. ii. Numerous traffic impact analyses in this area have highlighted the need for improvements and alignment of Brucetown and Hopewell Road. In addition, the Northeast Land Use Plan calls for interchange modifications and transportation improvements to support the planned uses for this area. At this time it does not appear that this application adequately addresses the responsibility to participate in the infrastructure needed to support development as identified by the comprehensive plan. iii. The transportation component of the Northeast Land Use Plan identifies the need for an ultimate six lane improvement for the Route 11 corridor in the vicinity of this project. The dedication of right-of-way to support the widening of Route 11 should be addressed. The Applicant has proffered the provision for the dedication of 20' across the propexi ty whenever a demand is made for the same by Frederick County or VDOT (6.2). Please note that said dedication would be from within the proposed 50'setback, potentially reducing the buffer along Route 11 to 30'. C) Site Development: i.Proffer 2.2 recognizes Exhibit 2 as the document detailing the landscaping, berming, and excavation activity. The two sections shown on Exhibit 2 place the pit wall excavations approximately 53 feet from the road right-of-way and residential lots. This is also the same distance proposed from the County Park. Please recognize that without a waiver, Exhibit 2 proposes standards which conflict with the County's Zoning Ordinance. ii.Insufficient detail is provided in Proffer 2.2 or Exhibit 2 to accurately define the amount, size, mix, and spacing of the landscaping. Both Proffer 2.2 and Exhibit 2 relate to each other but do not adequately provide commitments in the landscaping and berming to guarantee the impacts to the adjacent residential properties within the existing platted subdivision, the Route 11 corridor, and the County Park can be adequately mitigated. iii.Proffer 3.1 addressing Historic Resources does not appear to be a valid proffer as it makes no commitment to do anything relating to the Martin Farmhouse, which the Applicant's Phase 1 Archeological Survey identified as having historical significance. Further clarification and commitment is needed with Rezoning #01-11 Carmeuse NA — Clearbrook Rezoning July 18, 2011 Page 12 regards to this issue. The comments provided by the Historic Resources Advisory Board should be addressed. The Applicant has addressed this comment by providing a commitment for the adaptive reuse of the property and the relocation of the berm around the property. D) Mitigating the Impact of Development: i.This application does not address the impacts on Community Facilities. Particular attention should be provided to Parks and Recreation, and Fire and Rescue. The Northeast Land Use Plan recognizes the planned development of capital facilities that would be necessary to support the growth in this area of the County. A new fire and rescue facility in the Clearbrook area is recognized and is a top priority of the CIP. ii.A previous rezoning pertaining to the EM district with the same owner guaranteed to the Frederick County Sanitation Authority rights to the groundwater resources in accordance with existing agreements between the applicant and the FCSA. The proffer Statement should provide clarification that the future use of the property and the development of facilities to support the utilization of the groundwater resources are enabled by this rezoning request and Proffer Statement. STAFF CONCLUSIONS FOR THE 06/15/11 PLANNING COMMISSION MEETING: The Carmeuse NA - Clearbrook rezoning application addresses some of the goals of the Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated to ensure they fully address specific components of the Comprehensive Plan. In addition, the Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. The Planning Commission should pay particular attention to the following: 1. The potential impacts associated with more intensive use of properties. 3. The potential impacts on adjacent properties. 4. The potential transportation impacts on Route 672 and Route 11 5. The concerns of the reviewing agencies, in particular the County Attorney. Followine the required public hearink, a recommendation regarding this rezonin-Z application to the Board of Supervisors would be appropriate The applicant should be prepared to adequately address all concerns raised by the Plannink Commission. Rezoning #01-1 l Carmeuse NA — Clearbrook Rezoning July 18, 2011 Page 13 PLANNING COMMISSION SUMMARY AND ACTION OF THE 06/15/11 MEE'T'ING: Six citizens from the Stonewall, Back Creek, and Gainesboro Districts, spoke in support of the rezoning. These citizens included employees of Carmeuse and private enterprises, which depend on Carmeuse for their business and donations. The applicants presented a number of letters of support and a petition signed by 30 Carmeuse employees. Included were 15 letters of support from neighbors in the Clearbrook/Brucetown area and five letters of support from adjoining property owners. The applicant's Area Operations Manager, Mr. James (Jim) Bottom, spoke about the numerous community meetings held with the residents of Brucetown, Clearbrook, Walters Mill Lane, and the small community across from the school, along with ane -on -one meetings, to determine the concerns of the neighbors. He said issues ranged from noise, access, railroad crossings, location and type of berms, the historical house, and landscaping along property boundaries. Mr. Bottom said the proffers were written based upon residents' feedback and all review agency comments were answered by letter. He talked about communications with the Parks & Recreation Department to relocate the existing ballfields. A noise and vibration specialist, hired by the applicant, provided some technical information and an overview of the results of a noise study conducted. His conclusions concerning the long-term noise condition was that maximum noise levels would be 62-65 decibels closest to the berm and as operations move away from the berm, noise levels will drop due to distance to the mid 50s. He concluded by noting the overall noise impact with the berm in place would be minimal and will be the same as background noise from I-81 and Route 11. The applicant's attorney, Mr. Ty Lawson, reviewed the revised proffers with the Commission. His points included: asphalt and concrete mixing plants were proffered out; the angles on either side of the berms were softened and would include random plantings; and the berm would be moved behind the Martin farmhouse to preserve historical viewshed. In addition, the Martin farmhouse will be placed into adaptive re -use. With regard to transportation issues, Mr. Lawson stated that VDOT was satisfied with the proffers offered; therefore, no TIA was produced. In addition, VDOT did not want any additional entrances on Route 11, which is reflected in their proffer, and they will continue to access Brucetown Road. No additional right-of-way for future widening of Route 11 was offered, nor was any contributions toward the realignment of the Brucetown/Hopewell intersection. Planning Commission members asked the applicant about various unresolved issues such as, a date for when the relocation of the County's convenience center site would have to be moved so there will be ample time to relocate; the importance of the acquisition of right-of-way for the future widening of Route 11 as justified by the newly - adopted Northeast Land Use Plan; a guarantee that Frederick County will have access to the water now and into the future for its citizens; the potential of supplying several acres in this vicinity for the relocation of a fire and rescue building; and placing a new commercial entrance on Route 11 and removing the primary access on Brucetown Road, due to the poor site distance and curvature of Brucetown Road and the conflict it creates with dump trucks and passenger vehicles. There were also issues raised regarding some discrepancies with the language in the proffers and corresponding exhibits regarding the desire to see the berm "maintained" at ten feet. The issue of the close proximity of the pit to adjoining residential properties was also discussed and practices that could be utilized to be certain that no disruptions occur to adjoining properties or water wells. Rezoning #01-11 Canneuse NA — Clearbrook Rezoning July 18, 2011 Page 14 The Planning Commission acted first on the requested waiver. By a majority vote, the Commission tabled the waiver request for 45 days in order to provide time for the applicant to revise their proffers. The majority vote was as follows: YES (TO TABLE WAIVER 45 DAYS): Unger, Crosen, Manuel, Oates, Wilmot, Kriz, Lemieux NO: Ambrogi, Thomas, Madagan, Triplett, Mohn ABSTAIN: Crockett The Planning Commission next acted on the rezoning application. By a majority vote, the Commission tabled the rezoning for 45 days to give the applicant time to address the issues raised by the Commission. The majority vote was as follows: YES (TO TABLE REZONING 45 DAYS): Unger, Crosen, Manuel, Oates, Wilmot, Kriz, Triplett, Lemieux, Mohn NO: Ambrogi, Thomas, Madagan ABSTAIN: Crockett R EZ # 01 11 a ��yyrmeus++ lA Y ti e - NA °a perp 34A1iAt" sawn rf rY 4 (r D-N MINERALS' FRECERICK41AI1D S'14C M1' �$ [CtiEM57011E) COMPANY [OMRANYLC leorbrook Rezoning 4 04 PINS: 44-A-8383At &33-A 144 T 33W 78 s i HMS' 33A1628 - FREDE:RIK^LAN, D I k' DERICK'� COMPANY LLC COUNlY VIRGINIA - -- — — — 34 A 241) 11fHITE A1(1R1Y, HARRY..S.JR FARM 91 i :t 1 a�.3.3 A'=144 CS`TT�NMIAiERALS 2 HEMSTONE).COMPANY �_. 45A T f <Z q' H € r - fRE!}CRICK LANi]" rbc* 44 A 83 N MINCCIMPANY LLO A 27A $AL51''- DERICK (CHEMSIONE) C❑M ANY) LINTY FAIR �- '�'- " ANpERSON'MARK Lt 8. , - CHERYLIL `' A•97 ,'LL ;; I'Y --t. •' 'LAND FREDERICK r a r _ ,� COMPANY CC K t A 103 CRAY dd A SSL+ 44 A ib MARK T - NEFF RONALD - - „FRLDERICIC'4- 45 A 8 LAND COMPANY r W ETAI S RQljyr�lr rte. CARTER . -ONO RR ,,O ROMRT;w D wE 4� 411'-7L$u P,=c� y 44A 115 cOrtt�ENKA' Y[rn F< a 44A95 rpt}af.[N.' ,. �:.,, .�....�,.. HAINE$,TEARE F ., f c, m u t . HALFt, T �,g A in W ..... .. � .. • ■�, . � { ��titi as it � _ 1���1� QM S 8' 7 1 District) 44 A 194 GO 1?9 , tiE}(TER.T y Patton Harris Rust & Associates Memorandum Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street -I- AWinchester, Virginia 22601 ` T 540.667.2139 F 540.665.0493 To: Mike Ruddy Organ izationlCompany: Frederick County Planning From: Ron Mislowsky, PE Date: May 19, 2011 Project Name/Subject: Carmeuse Clearbrook Rezoning PHR+A Project file Number: cc: In response to County requests we have prepared an exhibit depicting the existing zoning boundary on TM Parcel 33-A-144 as we believe it can be bet described. Two copies are attached. Additionally we have revised the impact statement to clarify Paragraph C, Scope of Proposed Use. This revision brings the impact language in line with the current version of the proffer. We believe this completes the application and trust we can now move forward to Public Hearing. Please let me know if you have any questions. Patton Harris Rust & Associates Memorandum Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street + Winchester, Virginia 22601 A j1r_1 T 540.667.2139 F 540.665.0493 To; Mike Ruddy Organ izationlCompany: Frederick County Planning From: Ron Mislowsky, PE Date: May 6, 2011 Project Name/Subject: Carmeuse Rezoning cc: In February, PHR+A submitted a rezoning application to review agencies as required by the Frederick County procedures. The project site of 92 acres is located on the east side of U.S. Route 11, just south of the Clearbrook Park property. The intent of this application is to rezone all portions of tax map parcel 44-A-83, 44 -A -83A and any portion of 33-A-144 not currently zoned EM. The current zoning boundary is generally shown on Exhibit #l. This location is based on existing County records. As this line does not conform to a property line north of parcel 83A, the actual location is not tied to any fixed point of reference. If approved, this rezoning would remove any ambiguity as to the location of the EM zone boundary on parcel 144, relocating it to the existing property lines. We have received comments from the following agencies: VDOT Public Works - Comment Frederick County Fire Marshal Clearbrook Volunteer Fire Co. Parks & Recreation Frederick -Winchester Health Department Winchester Regional Airport Frederick -Winchester Service Authority Historic Resources Advisory Board — Comment Frederick County Attorney — Comment Frederick County Sanitation Authority (No Comment) Frederick County Public Schools Frederick County Planning Frederick County Transportation Planning Most agencies had no comment. In response to comments raised by the HRAB, the Applicant is looking at the berm locations in an effort to balance the needs to screen the quarry operations but also not to block the view of the Martin house. In response to Public Works' comments about the impact to adjacent residences, Carmeuse's operating permits require it to take the precautions to protect adjoining properties, and Carmeuse has had and will continue to have meetings with its neighbors concerning ongoing mining operations. Public Patton Harris Rust & Associates Memorandum Page 2 T orks also commented about the Convenience Center lease. Certainly Canneuse intends to honor the existing leases and has entered into an agreement to address the adjacent ballfields. Planning raised a concern regarding setback requirements. We understand that a waiver will be required to reduce the setback to extracted mining operations to the proffered distance. Therefore, we have attached a Waiver Application to reduce the 200 ft. required setback. We believe the best approach is to let this request track with the rezoning application. As noted in previous correspondence, we understand that the Frederick County Sanitation Authority will not be providing a comment. However, we would request that some writing be generated by that agency to confirm the same. We certainly do not want the lack of a comment to be an issue in the processing of this rezoning application. We are also aware of comments from the Frederick County Attorney and your office concerning the assertion of a lack of clarity in the language of the Proffers. The Applicant will certainly review those comments. We will have obtained Mrs. Martin's signature on the Application and the Proffer Statement as has been requested by the County Attorney. Thank you for your continued assistance and cooperation. We have attached all the comments sheets as well as copies of the Proffer Statement and Exhibit. Please let me know when this application will be placed on the Planning Commission agenda. Engineers • Surveyors ® Planners a Landscape Architects p:\correspondence\kaon\carmeuse clearbrook rrf oning\Itr to ruddy from r mislowsky ret) 5-5.doc LAWSON AND SILEK, P.L.C. 120 EXETER DRIVE, SUITE 200 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 722-4051 May 18, 2011 Roderick B. Williams, Esquire County Attorney County of Frederick 107 North Kent Street Winchester, VA 22601 THOMAS MOORE LAWSON a TLAWSON(&LSPLC.COM Re: Carmeuse Lime & Stone Our File No. 462.013 VIA E-MAIL AND FACSIMILE Dear Rod: Thank you for your recent e-mail concerning Carmeuse's stalled rezoning application. Following your suggestion, I enclose a plat, which depicts a zoning boundary line, but also correctly confirms that the exact location of the boundary is uncertain and that with the proposed rezoning the uncertainty will be resolved by rezoning any un -zoned portion of this parcel to EM. Let me know if this plat is what you were thinking of when you sent me your last correspondence. I am hoping this fits the bill and that with its submittal the rezoning application can proceed and this matter will be heard by the Planning Commission at its June 15 date - Thank you for your anticipated assistance and cooperation. I look forward to hearing from you shortly. Very trul}/ o s, Thoma Moore L wson TML:atd Enclosure cc: Carmeuse Lime & Stone FRONT ROYAL ADDRESS: POST OFFICE BOX 601, FRONT ROYAL, VIRG1 IA 12630. TELEPHONE: (540) 635-9415 • FACSIMILE: (540)63S-9421 - E-MAIL: JSH.EI (a/7, W50NANDSILEK.COM FAIRFAX ADDRESS: 10805 MAIN STREET, SUITE I03, FAIRFAX, VIRGINIA 21030, TELEPHONE: (703) 352-1615 - FACSTMILE: (703) 3524190- E-MAIL: THOMASOLAWSO..@ VLRIZON.NET -M- and /4- / 75 pi g� <s ' rca ° ET M u�a 4\ S Z O T.M 44-A- \�O4/� p?0Q oa T,M. 33 44, -'144` - _............——........................_._..... I--' .. E ZONING WZ P OPOSED NING EM Q� `' ; i/ ! OII ~ Ln W BASED ON REVIEW OF AVAILABLE DOC E TS IN 9 Q4 �� P r , y q `,tl THE POSSESSION OF FREDERICK COU Y PLANNING, EXISTING = O C -)O Vp �O�\5�p I EAR TO BE IN THE VICINITY D oyj F AN EXTENSION PROPERTY E SOUT AT N39° 56' 05" - 2601.16'. THE J Q t.... PROPOSE i9N} RESOLVE ANY (2 41 AMBIGUITY OF LOCATIO ING BOUNDARY BY W U / ZONING ANY REMAINING ORTION 0 CEL 144 Z ' -.. WHICH IS IN RA ZONING 0 EM ZONING. B1 U Z (ARC 108.90 G APH/ (�•` i (ARC 10.78) n o �`` r / BLOW UP AT 1"=300' COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-639S TO: Ron Mislowski, P.E. Patton Harris Rust & Associates FROM: Michael T. Ruddy, AICP 1 �. Deputy Director RE: Initial Rezoning Comments: Carmeuse NA — Clearbrook Rezoning. DATE: April 15, 2011 The following comments are offered regarding the Carmeuse NA — Clearbrook Rezoning Application. This is a request to rezone 92 +/- acres from RA (Rural Areas) to EM (Extractive Manufacturing) with Proffers. The review is generally based upon the proffer statement dated February 8, 2011 and the Impact Analysis Statement dated January, 2011. A TIA was not prepared for this application. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. General 1. W-asc provide a Plat of Rtzonina including» metes and bounds description of the property. The acreage of the portion of Parcel 33-A-144 should be defined and added within the title block of the proffer statement. 2. Please ensure that all the necessary application materials are submitted with application. 3. The submission fee for this application would total $19,200.00, based upon acreage of 92 acres, plus the appropriate amount for public hearing signs. I would suggest that several public hearing signs are obtained for this application given the size and location of the property. 107 North tent Street, Suite 202 ® Winchester, Virgimaia 22601-5900 Carmeuse NA - Clearbrook Rezoning Comments April 15, 2011 Page 2 Land Use 1) The 2007 Comprehensive Policy Plan and the Northeast Frederick Land Use Plan provide guidance on the future development of the property. The property is located within the SWSA. The Comprehensive Policy Plan identifies the general area surrounding this property with an industrial land use designation. In general, the proposed Extractive Manufacturing (EM) land use designation for this property is consistent with this industrial land use designation of the Comprehensive Plan. This consistency was confirmed during the approval process ffor the a,: t„� hT, , rt, = r �„_7 T rel "nl n o the akdop ed .,—r .iaei7 I - LCcii.1 L se ii �Ii iii � V AV. 2) The Draft 2030 Comprehensive Plan includes the Northeast Land Use Plan as an approved Area Plan in Appendix I. Therefore, the proposed Comprehensive Plan would continue to recognize the properties consistency with the Comprehensive Plan from a land use perspective. Impact Analysis Statement Please address the following errors in the Impact Analysis Statement prepared for this Application. 1) Under B. Comprehensive Policy Plan, it is stated that the subject acreage is not located within the boundaries of any small area study or land use plan included in the Comprehensive Plan. The property is located within the boundaries of The Northeast Land Use Plan. Please correct. 2) Under B. Comprehensive Policy Plan, it is stated that the subject acreage is not located within the SWSA. The property is located within the SWSA. Please correct. 3) Under C. Suitability of the site. Scope of Proposed i Jse, it is stated that the Applicant has proffered that activities such as asphalt or concrete mixing plants, cement and lime kilns, and oil and natural gas extraction will be prohibited. The Proffer Statement does not prohibit such uses, or other Elld uses. Please correct in either the Impact Analysis Statement or Proffer Statement. 4) Under C. Suitability of the site, Environmental Features, it is stated that the subject parcels contain no known environmental features. Section G. Historical Sites and Structures, describes that a Phase H Archeological Study is being conducted of the area adjacent to the spring near the historically significant Martin Farmhouse. County mapping and site observations indicate pond, stream, and wetland features on the property. Please correct the Environmental Features section to reflect the environmental features on the property. 5) Copies of the Phase 1 and Phase I1 Archeological Surveys should be provided to the County for review. Carmeuse NA — Clearbrook Rezoning Comments April 15, 2011 Page 3 Transportation The following transportation comments have been provided by John Bishop, County Transportation Planner, and should be considered as the County Staff's position on this component of the rezoning. 1) My review of the application indicates that while the applicant contends that overall truck trips on the public road system will not increase, there is no proffer to support this. While it may be true that daily trips are not expected to increase, the fact remains that rezoi7ing of this parcel would h1erease file overall impact to our transportation system over time through the enabling of additional mining activity. 2) Numerous traffic impact analyses in this area have highlighted the need for improvements and alignment of Brucetown and Hopewell Road. In addition, the Northeast Land Use Plan calls for interchange modifications and transportation improvements to support the planned uses for this area. This includes the area that is proposed for rezoning. Established County policy is that new or additional development is responsible for implementation of the comprehensive plan which calls for it. Part of this responsibility is participating in the infrastructure needed to support development of that comprehensive plan. At this time it does not appear that this application adequately addresses that responsibility. 3) The transportation component of the Northeast Land Use Plan identifies the need for an ultimate six lane improvement for the Route I 1 corridor in the vicinity of this project. According to VDOT, the minimum right-of-way necessary for this improvement would be 120', or 60' from the center of the existing right-of-way. The dedication of right-of-way to support the widening of Route I1 should be addressed. 4) A TIA was not provided for this project. This determination was based upon a development scenario that has not been proffered. As transportation relates directly to land use it must be recognized that the Proffer Statement does not place a limitation on development beyond that permitted by the district. Therefore, the number of vehicle trips, and consequently the impacts, could be considerably higher than that described with the development of additional EM land uses. Proffer Statement 1) The Proffer Statement states that the Properties shall be developed with extractive manufacturing land uses pursuant to the approved mining permit. It should be recognized that the applicant has not proffered a commitment to the use of the property beyond those which would be enabled by the EM (Extractive Manufacturing) District. All land uses, meeting the applicable development standards, would be permitted within the district based upon the application as submitted. The County is familiar with the operation and practices of the existing Carmeuse NA — Clearbrook Rezoning Comments April 15, 2011 Page 4 Quarry operations, both here and in Middletown, and recognizes that the purpose of the rezoning request is to enable the expansion of the existing limestone ore extraction operation onto adjacent properties, utilizing this natural resource. However, lacking a commitment that seeks to further define the scope of operations, this application should be evaluated carefully and with the understanding that the use of the properties could be more intensive than that described in the applicant's impact statement. 2) Please refer to the list of permitted uses and the maximum possible intensity of EM (Extractive Manufacturing) use identified in the County's Zoning Ordinance. As noted previously, the Impact Analysis states that the Applicant has proffered .t aLti i , s� l as ciiult or : r�cete Y:lixl�g f,1SS1�LJ, cellil'.Ilt arta lime kilns, and oil and natural gas extraction will be prohibited. The Proffer Statement does not prohibit such uses, or other EM uses. 3) The EM (Extractive Manufacturing) district of the County's Zoning Ordinance provides for additional performance standards which are aimed at protecting surrounding land uses from adverse impacts. Specifically, the following two standards address excavations 1. (Front Setback). Excavations shall be no closer than one hundred feet from any road, street, or highway right-of-way. 2. (Side & Rear Setbacks). Excavations shall be no closer than one hundred feet from any property zoned RA. No excavation shall be located closer than 200 feet from any dwelling or platted residential subdivision. Proffer 2.2 recognizes Exhibit 2 as the document detailing the landscaping, berming, and excavation activity. The two sections shown on Exhibit 2 place the pit wall excavations approximately 53 feet from the road right-of-way and residential lots. This is also the same distance proposed from the County Park. Please address why Exhibit 2 proposes standards which appear to conflict with the County's Zoning Ordinance. 4) Insufficient detail is provided in Proffer 2.2 or Exhibit 2 to accurately define the amount, size, min:, and spacing of the landscaping. Both Proffer 2.2 and Exhibit 2 relate to each ether but do not adequately provide commitments in the landscaping and berming to guarantee the impacts to the adjacent residential properties within the existing platted subdivision, the Route 11 corridor, and the County Park can be adequately mitigated. The proffered buffering and landscaping should propose buffering and landscaping that would exceed the minimum expectation of the Ordinance. Specificity as to the landscaping is expected. 5) Additionally, appropriate landscaping or screening may be required by the Zoning Administrator or Planning Commission within any required yard setback area in order to reasonably protect adjacent uses from noise, sight, dust, or other adverse impacts. The adjacent residential uses, the historic farmhouse, the Route 11 corridor, and Clearbrook Park are recognized in the Northeast Land Use Plan with a Developmentally Sensitive Area designation. Due consideration of these elements in the Application is also expected. Carmeuse NA — Clearbrook Rezoning Comments April 15, 2011 Page 5 6) A commitment as to the timing of the construction of the berms would be helpful as would understanding the ultimate location and design of the overburden as required by the approved mining permit. Examples exist of extremely large and conspicuous piles of overburden. Knowing the ultimate location of this would be helpful to ensure unanticipated impacts do not occur. 7) Proffer 3.1 addressing Historic Resources does not appear to be a valid proffer as it makes no commitment to do anything relating to the Martin Farmhouse, which the Applicant's Phase 1 Archeological Survey identified as having historical significance. It appears to be a narrative restating discussion in the Impact Statement and the intention of the Applicant. Further clarification and commitment is needed with regards to this issue. The comments provided by the Historic Resources Advisory Board should be addressed. 8) This application's does not address the impacts on Community Facilities. Particular attention should be provided to Parks and Recreation, and Fire and Rescue. The Northeast Land Use Plan recognizes the planned development of capital facilities that would be necessary to support the growth in this area of the County. A new fire and rescue facility in the Clearbrook area is recognized and is a top priority of the CIP. 9) Staff would support the County Attorney's opinion that any proffer that provides a commitment to do something that is already required by Federal, State, and Local requirements, or the Applicant's Mining Permit should be removed from the proffer statement. For purposes of clarity and understanding it would be preferable to limit the commitments in the proffer statement to those that are above and beyond the scope of any existing requirements, whether required by Code or by Permit. In general, narrative should be placed within the Impact Statement with commitments located in the Proffer Statement In conclusion, please ensure that the above comments, and those offered by the reviewing agencv are given due consideration. MTR/bad COUNTY of FREDERiCK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail: rw1l1ia@co.frederick.va.us April 10, 2011 VIA FACSIMILE — (540) 665-0493 — AND REGULAR MAi L. Ron Mislowski, P.E. pa" ».- i a.ii 1 aJ a NJ� IJG. ! 1J��Vs+lciLVJ 117 East Piccadilly Street Winchester, Virginia 22601 Re: Rezoning Application, Parcel Numbers 44-A-83, 44 -A -83A, and 33-A-144, O -N Minerals (Chemstone) Company Property — Proffer Statement dated February 8, 2011 Dear Ron: You have submitted to Frederick County for review a proposed proffer statement dated February 8, 2011 (the "Proffer Statement") for the proposed rezoning of 92f acres constituting property of O -N Minerals (Chemstone) Company (the "Applicant'), Parcel Identification Numbers 44-A-83, 44 -A -83A, and 33-A-144 (collectively, the "Property"), in the Stonewall Magisterial District, from the RA (Rural Areas) District to the EM (Extractive Manufacturing) District. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subiect to the following comments: ;;ur�,cses :i c ii. , it : uu,4 e iieipfui ;1 metes and [i0U11CiS ofthe portion of Parcel 33-A-144 to be rezoned were provided. 2. The second paragraph of the first page of the Proffer Statement is unclear as to what would constitute "development of that portion of the Properties adjacent to or including the improvement or other proffered requirement', both in terms of what constitutes "development' and what constitutes being "adjacent'. Also, the timing reference conflicts in part with other provisions of the Proffer Statement, including in particular Proffer 2.2. 3. Staff should be aware that the provision in the second to last sentence of the second paragraph on the first page of the Proffer Statement is likely not dictated by federal or state law. The County could still require that activity on the Property take place in 107 North Kent Street c Winchester, Virginia 22601 Ron Mislowski, P.E. April 10, 2011 Page 2 conformity with local requirements and federal/state requirements. To the extent that an activity cannot take place in compliance with both may mean that such an activity cannot take place on the Property and not that the activity must be able to take place on the Property. 4. Proffer 1.1 — The Proffer might better include citations as to exactly what constitutes the Mineral Mining Law and Reclamation Regulations, so as to avoid any ambiguities. Also, staff should be aware that Proffers 1. 1, 4.1, 5.1, 8.1, 9. 1, and 10.1 for the most part indicate that the Applicant will comply with regulations as to which compliance is already required and, therefore, the Proffers may not necessarily commit the Applicant to additional obligations. C P_Mfif . I 1 ... T-,-- sen- nd cn;ntenc_e is uncl,,�w.- as to the m:_^.n;-.,- of "pvriodii,; maintenance" and the parameters of the required access by vehicles for such purpose. 6. Proffer 2.2 — The Proffer does not commit to any specifics regarding the extent of the trees, including what the standards of the "U.S. Department of Forestry" are. 7. Proffer 3.1 — Staff should ensure that the County has received copies of the referenced surveys. Also, with respect to the area for the Phase II survey, the Proffer does not provide specification of "the area adjacent to the spring near the Martin farmhouse". 8. Proffers 4.1 and 5.1 — Neither Proffer indicates suggests the establishment of any baseline for determining damage. 9. Proffer 7.1 — The Proffer does not state what constitutes "reasonable efforts", either by example or by particular standards. 10. Proffer 8.1 — Staff should be aware that the prohibition against lighting on the berms is limited to "affixed lighting structures". 11. Finally, because Ms. Martin still holds an interest, in the form of a life estate, in p rce1err -fi,3. si-1 :Mould ,_ to ssi: the Proffer Statcment cr-O Armilic- Erich aq well. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as it is my understanding that that review will be done by staff and the Planning Commission. Sine ours, Roderick B. Wi if ms County Attorney Ron Mislowski, P.E. April 10, 2011 Page 3 cc: Michael Ruddy, AICP, Deputy Director of Planning and Development Thomas Moore Lawson, Esq. June 1, 2011 Mr. Mike Ruddy Frederick County Department of Planning & Development 107 N. Kent Street Winchester, Virginia 22601 Ref.: Rezoning Application for Carmeuse, Clearbrook Location Dear Mr. Ruddy .. Its. ,,n1; L The Frederick County Sanitation Authority, in accordance with existing agreements between the Applicant and the Authority, has constructed and presently operates the Anderson Water Treatment Plant, two wells and other improvements on the Applicant's properties. The aforementioned improvements are necessary for the residents of Frederick County who depend on the Authority for water services. The Plant, wells and related improvements are not referred to in the Applicant's Rezoning Application Materials. Further, such Rezoning Application Materials do not refer to the Applicant's guarantee to the Authority of the rights to the water resources available on the Applicant's properties, including the Authority's use of the water - containing quarry pits located on the properties as water reservoirs at the time of cessation of the Applicant's mining activities on the properties, all in accordance with the existing agreements between the Applicant and the Authority. In order for the Authority to support this rezoning request, the Applicant must assure the continuation of the Authority's access to and use of the plant, wells and related improvement on the Applicant's properties and the Authority's rights to the water resources, including the water -containing quarry pits, pursuant to the existing agreements between the Applicant and the Authority. Should any further discussions be needed, please feel free to contact me. Very truly yours; Uwe E. Weindel, PE Engineer -Director cc.: Mr. Ron Mislowsky, PE, PHR&A April 1, 2011 Mr. Ron Mislowsky Patton Harris Rust & Associates, PC 117 E. Piccadilly Street, Suite 200 Winchester, Virginia 22601 COUNTY of FREDERICK Department of Planning and Deve!opm-ent 540/665-565-1 FAX: 540/665-6395 RE: Application Requesting a Rezoning of 92 Acres from RA to EM (Extractive Manufacturing) for Carmeuse Clearbrook Property Identification Numbers (PINs): 44-A-83, 44 -A -83A, 33-A-144 Current Zoning District: RA (Rural Area) Dear Mr. Mislowsky: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced rezoning proposal during their meeting on March 16, 2011. The HRAB reviewed information associated with the 1992 National Park Service Study of Civil War Sites in the Shenandoah Valley, the Frederick County Rural Landmarks Survey Report, the Virginia Department of Historic Resources, as well as information provided and Patton Harris Rust & Associates, PC. The proposal seeks to rezone three parcels of land that total 92 acres from RA (Rural Areas) District to the EM (Extractive Manufacturing) District. The properties are located between the intersections of Route 11 with Brucetown Road and with Walters Mill Lane (508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg Pike). Historic Resources Advisory Board Concerns The Study of Civil War Sites in the Shenandoah Valley, published by the National Park Service, shows that a portion of the subject site is included in the study area of the Third Battle of Winchester. The Rural Landmarks Survey Report for Frederick County Virginia identifies one historic structure located on the site (44-A-83) and one historic structure located adjacent to the subject site. Both of these properties are potentially significant. The sites that are listed in the survey are: e Zinn House (#34-114) (Martin Farmhouse — located on the property) Rose Farm (#34-717) 107 North Kent Street, Suite 202 m �A'inchester, Virginia 22601-5000 Mr. Ron Mislowsky Re: Rezoning of 92 Acres from RA to EM Carmeuse Clearbrook April 1, 2011 Page 2 After reviewing this information and the applicant's materials and proposals, the Historic Resource Advisory Board (HRAB) recommended that the Carmeuse Clearbrook Rezoning Application addresses the following: Proffer 3.1 should be revised to ensure that the Zinn House will be preserved and protected (removal of the "intention" language). The Zinn House has barns and outbuildings associated with the farm house and these features are typically contributing features for the complex. The applicant should proffer to preserve and protect these buildings in addition to the Zinn House. The applicant should complete an application for the National Register of Historic Places for Zinn House property to determine if it is eligible for the Register. • The proffered berm should be relocated around the Zinn House to ensure that it does not block the historic property from Route 11 (see attachment). The berm should also be a rolling/contorted berm. Please contact me with any questions concerning these comments from the HRAB. Sincerely, Candice Perkins, AICP Senior Planner CEP/bad cc: Rhoda Kriz, HRAB Chair F r rEr, Pe;; T ---------------�= PEvp�Pe'.E tai I HttpSpASc fiEPt' ,. fias_' ,i I� I� r •Ox io ti ,.tcxi w ��.nj � MRA nw c,nocrsoeea,µ rP I' � ,P flGxi u 4 emove berm from j as area, ZN PROPOSED SCREEi IM SCALE; V-308' , rEr, Pe;; uapA�F, z Fo pEp ---------------�= PEvp�Pe'.E tai I HttpSpASc fiEPt' ,. fias_' ,i I� I� r •Ox io ti ,.tcxi w ��.nj � MRA nw c,nocrsoeea,µ rP I' � ,P flGxi u mr rrev Ik `/ / u PPflx ruot SECTION B aoFlss r ec o ix iPco, uPo•, U Aa rr:Es li a a P�onm e'r ixE Eoc.t E 0 h' s pcP Et,i OF PoFcSIiT. SCREENWG BERM SECTIONS SCALE: I -lo' ao W$�a SECTION A uapA�F, z Fo pEp ---------------�= PEvp�Pe'.E tai I HttpSpASc fiEPt' ,. fias_' ,i I� I� r •Ox io ti ,.tcxi w ��.nj � MRA f PPflx c`n SECTION B aoFlss r ec o ix iPco, uPo•, U Aa rr:Es li a a P�onm e'r ixE Eoc.t E 0 h' s pcP Et,i OF PoFcSIiT. SCREENWG BERM SECTIONS SCALE: I -lo' Count Public Schools J� oo Otr, e� tsw-e ail students an exceller?t education K. Wayne Lee, Jr. o Coordinator of Planning and Development . leew@frederick.k12.va.us April 18, 2011 Mr. Ronald A. Mislowski Patton Harris Rust & Associates 117 East Piccadilly Street Winchester, VA 22601 Re: Carmeuse NA — Clearbrook Rezoning Dear Ron, Frederick County Public Schools has reviewed the Carmeuse Lime and Stone rezoning application submitted to us on March 1, 2011. We have strong concerns regarding this application. We understand that the Virginia Department of Mines, Minerals, and Energy is responsible for regulating quarry operations and quarry safety, and that Frederick County does not have a role in this regulation. We do not wish to make comments in this vein. Instead, it is our duty to express our concerns over factors from the quarry operations that could impact the quality of the educational experience at Stonewall Elementary School, students' safety, and students' health; to ask that Carmeuse Lime & Stone take every cautionary step to prevent these impacts; and to ask that Carmeuse Lime & Stone be prepared to mitigate without delay impacts on us. Factors that concern us include the danger of quarry wall collapse, damage caused by vibrations and flying debris from blasting, potentially asbestos -containing dust, and the noise from blasting and equipment. The proximity of the quarry to Route 11 and Stonewall Elementary School magnifies the risk from these factors. We offer the following comments: Regarding quarry wall collapse, we are aware that measures are taken to avoid such incidents. However, they can and do happen. Have core samples been taken to determine where collapses are more likely, and how these collapses can be avoided? If the quarry is located as shown on the screening berm section drawing, a significant collapse 50 feet from Route 11 just across from Stonewall Elementary School could have significant negative impacts on us, including loss of ingress and egress. 2. Regarding damage from blasting, we are aware that measures are taken to avoid as many such impacts as is humanly possible. Is money allocated to an escrow account to pay for damages from blasting when they do occur? What is the plan of action if Stonewall Elementary School is damaged or cannot be fully occupied as a result of blasting damage? 1415 Amherst Street www.frederick.k12.va.us 540-662-3889 Ext. 88249 P.O. Box 3508 540-662-4237 fax Winchester, Virginia 22604-2546 Regarding dust, we note in your proffer statement that you will control the dust with wet suppression or equivalent. We are aware that the prevailing winds send dust away from us most of the time. Unfortunately, winds shift and dust control measures are not always effective. To make matters worse, we have read information indicating that respiratory tract ailments can result from inhaling quarry dust and that limestone formations can contain asbestos. This information further indicates that children who already have respiratory ailments or otherwise weakened resistance are most especially susceptible to quarry dust. Does this quarry contain asbestos? What tests are available to confirm this? We also note in the proffer statement that you propose remediation of adverse impacts to surrounding properties caused by dust. Does this remediation include respiratory illnesses? 4. Regarding noise, the closer the quarry comes to the school, the more impact the noise from operations will have. We acknowledge that this will impact students who are outside ivr PE and recess more than those inside. What steps will Car -reuse take to maintain noise at acceptable levels during the school day? Is there a generally agreed upon definition of acceptable noise levels? 5. The greater the distance operations will be from SWES, the less significant all impacts will be. We note in your impact analysis statement that you intend to use only 60% of the proposed rezoning area. This statement does not match the screening berm section drawing that shows 95% use of the property or greater, with quarry walls 50 feet from the Route 11 right-of-way boundary. We would instead prefer a drawing that matches your impact analysis statement. 6. Does DMME regulate the distance that the quarry wall can be from a primary road? An emergency route? 7. Does DMME regulate the steepness and height of quarry walls and benching? Does DMME require slope stability analyses? 8. Does DMME regulate dust control? 9. Does DMME regulate noise levels? 10. Does DMME regulate the distance that the quarry wall can be from a school? 11. The Extractive Manufacturing District permits several uses besides quarries. Many of these uses, if positioned on the portion of the property near to and with access to Route 11, could have an impact on pupil transportation and our school day at Stonewall Elementary School. For instance, the intense odors from an asphalt batch plant would be quite disruptive. The noise and dust from a stone crushing operation could be overwhelming at times, especially during PE and recess. Caustic dust from a lime manufacturing facility could be dangerous. In your impact analysis statement, you say that several uses are proffered off. However, we cannot find such waivers in the proffer statement. 2 Frederick County Public Schools has an interest in all land development applications. Capital expenditures, annual operating costs, and day-to-day operations can all be impacted by development. Should you have questions about the comments above, please contact me at 540- 662-3889 x88249 or leewgfrederick.kl2.va.us. Sincerely, t K. Wayne Lee, Jr. Coordinator of Planning and Development Cc: Patricia Taylor, Superintendent of Schools Al Orndorff, Assistant Superintendent for Administration Chuck Puglisi, Director of Transportation Darren Thomas, Principal, Stonewall Elementary School Mike Ruddy, Deputy Director, Frederick County Department of Planning and Development AWSON AND SILEKI, P.L.C. 120 EXETER DRivE, slrrrE 200 POST OFFICE SOX 2740 'T MCI{Es n& VA 22604 i ELFPSOME: (540) 6654050 FACsimmt-F-- (540) 722-0051 Date: FACSIMILE COVER SHEET July 12, 2011 To: Mr, Michael T. Ruddy Mr. John Bishop Roderick B. Williams, Esquire From: Thomas Moore Lawson, Esquire (540) 665-6395 (540) 665-6395 (54.0) 667-0370 Re: Rezoning Application for Carmeuse NA -Clearbrook Rezoning Dumber of pages including cover: 14 Message: Please see the attached. Thank you. The information contained in this facsimile message is information intended only for the use of the individual or entity named above, and may be attorney/client privileged and confidential. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address via the U.S. Postal Service. Thank you. FRONT ROV-LA-nsczc F -Si OFFICE 9" 602, F—ROYAL. vQ1C}I+la 22630, rsi.®nvNe: (9a0) 0-1 9,d , FA—rLt; (.'PAo16J5-vaz�. E.MatL 9Lmxjfi�t.yMCONNECI.COM LA SON AND SILEK,, P.L.C. 120 EXETER Dkn F, Surra 200 POST OFFICE BOX 2740 WiNCHES'[ER, VA 22604 TEixpHmE: (540) 665-0050 FACSFMILE: (540) 722-40$1 July 12, 2011 TwmAs MOORELAWSON-TLAw's Na Com Michael T. Ruddy, Deputy Director John Bishop, .Deputy Director- Planning irectorPlanning and Development Transportation County of Frederick County of Frederick 107 North Kent Street, Suite 202 107 North Kent Street, Suite 202 Winchester, VA 22601 Winchester, VA 22601 Re: Rezoning Application for Cameuse NA -Clearbrook Rezoning Our File No. 462.013 VIA FACSIMILE Dear Gentlemen: As a follow-up to our recent meeting, enclosed please find a redlined and clean version of the Proffers, which addresses the items that were raised at the Planning Commission meeting and which we discussed in greater detail. Specifically we have made a provision for the dedication of an additional twenty feet across the property whenever a dernand is made of same from either Frederick County or VDOT. Further, we have made a provision for an entrance on Route 11 provided the same is approved by Frederick County or VDOT_ With these revisions, we understand that the concerns of the Planning Commission have been adequately addressed. If you are aware of anything else, please let me know. By copy, I am sending this to Rod. Williams so he has the benefit of these latest revisions and can make whatever comments he deems appropriate from the perspective of the County Attorney's office. As always, I appreciate your assistance and cooperation. TML=atd Enclosure cc: Canneuse Lime & Stone Roderick B. Williams, Esquire FRopa ROYAL "iny.S9: Po%T o"n 9=69L FnmTr RMAL VIRGINIA Z263A T-110rvz- (54R) K_Cr-94m- FACCHIMILE: (4A0163S-N21 e-Mn� JYllA>(dcnwmwww�[arc.Calrt L H It f✓. - i i i PROPOSER PROF'F'ER STATEMENT REZONING: RZ#t! Rural Areas (RA) to Extractive Manufacturing (EM) PROPERTY: 92 Acres +/-; Tax Map Parcels 44-A-93 and 44 -A -83A and a portion of Tax Map Parcel 33-A-144 (the "Properties") RECORD OWNER: O -N Minerals (Chemstone) Company d/b/a Carineuse Lime & Stone APPLICANT: O -N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone ("Applicant") PROJECT NAME: Winchester/Clearbrook ORIGINAL DATE OF PROFFERS: February 8, 2011 REVISION DATE(S): June 2, 2011, June 21, 2011, July 12, 2011 The undersigned Applicant hereby proffers that the use and development of the portions of the above -referenced parcels, which are requested to be rezoned, the portions requested to be rezoned being shown on the attached and incorporated plat identified as "Exhibit I," shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Properties that may have been made prior hereto. In the event that the above -referenced EM conditional rezoning is not granted as applied for by the Applicant, these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Properties with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal_ The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Properties adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. Any proffered conditions that would prevent the Applicant from conforming with State andlor Federal regulations shall be considered null and void_ The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. O i/ I L/ LV 1 1 I D I w I , r." Land Use 1.1 The Properties shall be developed with extractive manufacturing land uses pursuant to the mining permit approved by the Division of Mineral Mining ("DMM") of the Virginia Depertnaent of Mines. Minerals and Energy D ("VMME"), and shall therefore conform to the Mineral Mining Law and Reclamation Regulations for Mineral Mining of the Commonwealth of Virginia. 1.2 The Applicant hereby proffers not to engage in the following use on the Properties: Asphalt and concrete mixing plants. 2. Site Development 2.1 The Properties' access via public secondary roads shall be limited to the existing quarry entrance on Brucetown Road (Route 672) unless another entrance is agreed upon by Frederick County or VD®T at some time in the future. Access by vehicles needed for periodic maintenance of the Properties shall not be limited. 2.2 A combination of landscaping, earthen berms, and fencing shall be installed around the Properties in the areas depicted on the attached and incorporated plat identified as "Ehhibit 2." The landscaping shall have a mix of deciduous and coniferous plantings placed in a random manner to be consistent with existing vegetation patterns_ Applicant proffers to plant trees in the places identified on the attached and incorporated plat within one year from the date of unappealable zoning approval. 3. historic Resources 3.1 The Applicant has completed a Phase I Archaeological Survey of the Properties. The result of the archaeological survey is that the Properties do not have historical significance with the exception of the Martin farmhouse. The Applicant will put the Martin farmhouse into adaptive reuse in the future. In the interim, pursuant to an Instrument which is recorded in the land records of Frederick County, Mrs. Martin continues to reside in and possesses a "life estate" interest in the farmhouse. Further, a phase II Archaeological Survey of the area adjacent to a spring near the Martin farmhouse is being conducted. 4. Dust Control 4.1 Dust from drills, muck piles, material handling, screens, crushers, conveyors, feeders, hoppers, stockpiles, load -outs, and traffic areas shall be controlled by wet suppression or equivalent, and controlled by and consistent with the terms of the Virginia Department of Environmental Quality ("VDEQ") general air permit_ The Applicant shall remediate any adverse impacts to surrounding properties caused by dust associated with the raining operations on the Properties. 2 0i/12/ZUI I 10.41 rrr� 5. Blasting Control 5.1 All blasting associated with mining operations on the Properties shall be limited by the mining permit approved by the DIVIN1 of the V DIVRVIE. Peak Particle Velocities (PPV) associated with blasting on the Properties shall not exceed the levels stipulated by said permit. Any damage to surrounding properties caused by blasting on the Properties shall be remediated at the Applicant's expense. 6. Traffic 6.1 The Applicant proposes as part of this rezoning to not install entrances for vehicular traffic on Route 11 unless agreed by Frederick County or VDOT at some time in the future. The Applicant proffers to continue to use its existing entrance on Brucetown Road (Route 672). The result of the use contemplated by the rezoning is that there will be a reduction in existing trips from the Properties that currently enter and exit on Route 11. In the future, given that there will be no vehicular trips to and from Route 1 l from the properties, the number of vehicular trips will decrease from not only the existing status but also what would be contemplated should the Properties be developed or zoned to any other use including, but not limited to, industrial which is what is currently depicted on the County's Comprehensive Plan for the Properties. 6.2 Within the fifty foot (50') setback from Route 11, the Applicant agrees to dedicate up to twenty feet (20') to Frederick County or the Virginia Department of Transportation within thirty (30) days of demand of said dedication from either Frederick County or the Virginia Department of Transportation for the purposes of expansion of Route 11 (Valley Pike) to install additional lanes of travel and other improvements associated with the Route I 1 (Valley Pike) expansion. Upon said dedication the remaining land in the setback shall be unaffected and shall continue to serve as a buffer and screening between the operations of the quarry and the right-of-way. In the event the dedication and subsequent development of said land shall adversely affect the aforementioned buffer and screening then the Applicant shall at its discretion alter, amend or relocate the aforementioned buffer and screening_ 7. Operational Noise Abatement 7.1 The Applicant will make all reasonable efforts to locate mining machinery in the quarry pit or behind berms. 8. Lighting 9.1 There shall be no affixed lighting structures above -ground on the berms other than as may be required for or provided by regulations that affect the plant operations, including, but not limited to, Mine Safety Health Administration ("MSHA"), VDMME, and any other governmental or regulatory body that oversees mining N operations. fighting used for devices or machines that convey materials or for pit crashing facilities and other mining activities is permitted. Conveying and pit crushing facilities shall also be interpreted as including such other devices or activities that perform similar or related functions that may come into use and/or existence at some time in the future while the extractive mining use is still in effect on the Properties. In addition to the above, all lighting will be installed in such a manner that there will be no spillover beyond any property line of the Applicant onto adjacent properties not owned by the Applicant. 9, Air Permit 9.1 The Applicant shall maintain its existing general air permit controlling emissions in accordance with the VDEQ standards and also see that the existing general air permit covers all activities conducted on the rezoned Properties. 10. Environment 10.1 In addition to compliance with the Virginia Pollutant Discharge Elimination System water discharge permit already in place, the Applicant agrees to work with a recognized environmental entity of the Applicant's choosing during its operations to ensure that the water emissions from water flowing from the quarry operations on the Properties is of a quality that satisfies the requirements of all applicable discharge permits. rd Respectfully submitted, O -N MINERALS (CHEMSTONE) COMPANY d/b/a CA_RMEUSE LIME & STONE By: Its: COMMONWEALTH OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, to -wit: The foregoing instrumentwas acknowledged before nae this day of , 2011, by My commission expires: Registration number: 5 NOTARY PUBLIC FRANCES G. MARTIN as holder of life estate interest in parcel 44-A-83 COTIMMONWFA_LTH OF VIRGRIIA, AT LARGE COUNTY OF FREDERICK, to -wit: The foregoing instrument was acknowledged before me this day of , 2011, by FRANCES G_ MARTEN as holder of life estate interest in parcel 44-A-93. My commission expires. Registration number: :1 NOTARY PUBLIC PROPOSED PROFFER STATEMENT REZONING: RZ# 0 1/ Rural Areas (RA) to Extractive Manufacturing (EM) PROPERTY: 92 Acres +/-; Tax Map Parcels 44-A-83 and 44 -A -83A and a portion of Tax Map Parcel 33-A-144 (the "Properties") RECORD OWNER: O -N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone Frances G. Martin as holder of life estate interest in parcel 44-A-83 APPLICANT: O -N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone Frances G. Martin as holder of life estate interest in parcel 44-A-83 (collectively "Applicant") PROJECT NAME: Winchester/Clearbrook ORIGINAL DATE OF PROFFERS: February 8, 2011 REVISION DATE(S): The undersigned Applicant hereby proffers that the use and development of the portions of the above -referenced parcels, which are requested to be rezoned, the portions requested to be rezoned being shown on the attached and incorporated plat identified as "Exhibit 1," shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Properties that may have been made prior hereto. In the event that the above -referenced EM conditional rezoning is not granted as applied for by the Applicant, these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Properties with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Properties adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. Any proffered conditions that would prevent the Applicant from conforming with State and/or Federal regulations shall be considered null and void. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. Land Use 1.1 The Properties shall be developed with extractive manufacturing land uses pursuant to the mining permit approved by the Division of Mineral Mining ("DNMI) of the Virginia Department of Mines, Minerals and Energy ("VDMME'), and shall therefore conform to the Mineral Mining Law and Reclamation Regulations for Mineral Mining of the Commonwealth of Virginia. 2. Site Develo mens 2.1 The Properties' access via public secondary roads shall be limited to the existing quarry entrance on Brucetown Road (Route 672). Access by vehicles needed for periodic maintenance of the Properties shall not be limited. 2.2 A combination of landscaping, earthen berms, and fencing shall be installed around the Properties in the areas depicted on the attached and incorporated plat identified as "Exhibit 2." The landscaping shall have a mix of deciduous and coniferous plantings placed in a random manner to be consistent with existing vegetation patterns. Applicant proffers to plant trees in the places identified on the attached and incorporated plat within one year from the date of unappealable zoning approval. 3. Historic Resources 3.1 The Applicant has completed a Phase I Archaeological Survey of the Properties. The result of the archaeological survey is that the Properties do not have historical significance with the exception of the Martin farmhouse. In the development contemplated by the rezoning, the Applicant has no intention of removing or affecting the Martin farmhouse, and, in the long term, will put the farmhouse into adaptive reuse. In the interim, pursuant to an Instrument which is recorded in the land records of Frederick County, Mrs. Martin continues to reside in and possesses a "life estate" interest in the farmhouse. Further, a Phase II Archeological Survey of the area adjacent to a spring near the Martin farmhouse is being conducted. 4. Dust Control 4.1 Dust from drills, muck piles, material handling, screens, crushers, conveyors, feeders, hoppers, stockpiles, load -outs, and traffic areas shall be controlled by wet suppression or equivalent, and controlled by and consistent with the terms of the Department of Environmental Quality ("VDEQ") general air permit. The Applicant shall remediate any adverse impacts to surrounding properties caused by dust associated with the mining operations on the Properties. 2 Elastin; Control 5.1 All blasting associated with mining operations on the Properties shall be limited by the mining permit approved by the Iii LN4 of the �MIe�E. Peak Particle Velocities (PPV)associated wi_.t b1a4inv on thP PsnYPiPs shall not ex - need- the levels stipulated by said permit. Any damage to surrounding properties caused by blasting on the Properties shall be a emediated at the Applicant's expense. 6. Traffic 6.1 The Applicant proposes as part of this rezoning to not install entrances for vehicular traffic on Route 11. The Applicant proffers to continue to use its existing entrance on Brucetown Road (Route 672). The result of the use contemplated by the rezoning is that there will be a reduction in existing trips a om the Properties that cuaaenfily enter and exit on Route 11. In the future, given :.hat there will be no vehicular trips to and from Route 11 Born the Properties, the number of vehicular trips will decrease From not only the existing status but also what would be contemplated sho-Ad the Properties be developed or zoned to any other use including, but rot limited to, industrial which is what is currently depicted on the County's Comprehensive Plan for the Properties. 7. Operational Noise Abatement 7.1 The Applicant will male ail reasonable efforts to locate mining rnachinei-j in the quarry pit or behind berms. & Lighting 8.1 There shall be no affixed lighting structures above -ground on the berms other than as may be required for or provided by regulations that affect the plant operations, including, but not limited to, Mine Safety health Administration ("MSHN'), VDN2✓IE, and any other governmental or regulatory body that oversees mining operations. Lighting used for devices or machines that convey -materials or for pit crushing facilities and other mining activities is permitted. Conveying and pit crushing facilities shall also be interpreted as including such other devices or activities that perform similar or related functions that may come into use and/or existence at some time in the future while the extractive mining use is still in effect on the Properties. In addition to the above, all lighting will be installed in such a manner that there will be no spillover beyond any property line of the Applicant onto adjacent properties not owned by the Applicant. 9. Air Permit 9.1 The Applicant shall maintain its existing general air permit controlling emissions in accordance with the DEC standards and also see that the existing general air permit covers all activities conducted on the rezoned Properties. 3 10. Environment 10.1 In addition to co: -plane with the Virginia Pollumnt Diseharge Elimination System water discharge permit already in place, the Applicant agrees to work entity of the Applicant's choosing during its with a recognized environmental operations to ensure that the water emissions from water flowing from the quarry operations on the Properties is of a quality that satisfies the requirements of all applicable discharge permits. LA Respectfully submitted, ®-N MINERALS (CHEMSTONE) COMPANY d/b/a CARMEUSE LIQ & STONE Ey: Its: CA&VI-E•AA e- c -t al -t- A& -O � COMMONWEALTH OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, to -wit: �t- The foregoing instrument was acknowledged before me this �r day of iqp r,- 2011, X01g, by i 'Gjn L_ --,s 6� . ,. -c� rr► NOTARY PLJBLICY Icy commission expires:v�- Registration number: FRANCES G. MARTIN as holder of life estate interest in parcel 44-A-83 COT4 ONtiJEALTH OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, to -wit: The foregoing instiument was acl nowlec ged before me this 0day of d 2011, by FRANCES G. MARTIN as holder of life estate interest in parcel 44-A-83. (!�TAR�YUBLIC My commission expires: �,,090sm0®3e®,�® 9� ' ��� Ow Registration number: o0 .y o m SDUdX3 O NOISSIWWOO AWOnond U a � 9SZSS6L # J3�1 ., AdNiON W ®P�®o%Iseaaeeaa® J PROPOSE® SCREENING SCALE: 1°®300' 33 LANDCAPING TO BE PROVIDED PER PROFFER 2.2 °' U z LANDSCAPE BERM w t Ia' APPROX. 10 FT. HEIGHT U.S.. ROUTE' it/ Q m PRIVATE DRIVE O p N o x EXISTING GROUND Qad to __-_- --_-_ __ J PIT WALL -5 2P00' .DX.. A omm AHHHUXml W r o 0 SECTION A b N f0 > g U) + C m i LANDCAPING TO BE PROVIDED p m PER PROFFER 22 •� °f � C LANDSCAPE BERM Ld IoRESIDENTIAL L0T I� APPROX. 10 FT. HEIGHT U.S. ROUTE 11 - Ip I� EXISTING GROUND--- _--_ _----___--_-_ tt - -------------___ _- —PIT WALL SECTION B rGERMSTO BE PLANTED WITHTREES UPONUCTION. THE SPECIES AND LOCATION OFES WILL BE APPROVED BY THE LOCP.LOF 7HE U.S. DEPARTMENT OF FORESTRY. SCREENING BERM SECTIONS SCALE: 1'=20' LANDSCAPING PER PROFFER 22 FINAL LANDSCAPING BERM W z 0 VC! G Q Ld Y _ 0 s 0 O U u 0 0 M J � � LLJ LL1 _J o z ( 1 U CARMEUSE - CLEARBROOK REZONING IMPACT ANALYSIS STATEMENT January 2011 Revised 19 May 2011 A. INTRODUCTION This report has been prepared for the purpose of assessing the impact on Frederick County by the conditional rezoning of parcels 44 -A -83A, 44-A-83 and a portion of parcel 33-A-144 which total approximately 92 acres. The subject parcels are situated on the east side of U.S. Route 11, 1,050 ft. south of Hopewell Drive. The property extends from the Clearbrook Park property on the north, south to near the Walters Mill Road intersection with U.S. Route 11. The northern site is a 44 acre portion of the current Carmeuse property which is zoned EM. Parcels 44-A-83 and 44 -A -83A of 48 acres lie to the south. The subject acreage is currently zoned RA (Rural Areas). This application proposes the rezoning of the 92 acres from RA to the EM (Extractive Manufacturing) District. Carmeuse NA Corporation's ("Carmeuse") existing Clearbrook plant and quarries are located adjacent to the subject properties. The property containing these existing facilities is zoned EM. The subject acreage contains mapped deposits of chemical grade limestone, the extraction of which is critical to the continued viability of the established quarry operation. Indeed, the mineral -rich nature of the properties and their value for future extraction activities was identified years ago when the northern half of the property was acquired and this acreage has remained in the ownership of mining interests ever since. The southern parcel was recently purchased to preserve the rights to the limestone below. The requested rezoning will enable the appropriate use of the subject acreage consistent with its unique geological attributes, which will thereby assure the continued vitality of the Carmeuse Clearbrook operation. The contents of this report will outline the role of the subject acreage in future Carmeuse operations and further identify anticipated impacts as well as those strategies necessary for effective mitigation. The applicant is confident that the proposed rezoning includes a proffer program that will appropriately and effectively mitigate identified impacts. As such, we believe this rezoning request merits favorable consideration and approval. B. COMPREHENSIVE POLICY PLAN The subject acreage is not located within the boundaries of any small area study or land use plan included in the Comprehensive Policy Plan. The properties are also located Impact Analysis Statement Carmeuse - Clearbrook outside of the Sewer and Water Service Area (SWSA) and the area is identified as appropriate for office and industrial uses. The Proposed Office and Industrial Areas policies of the Comprehensive Policy Plan are relatively silent concerning natural resource extraction. C. SUITABILITY OF THE SITE State Regulation of Mineral Mining Operations The Code of Virginia requires the issuance of mineral mining permits for all mining operations within the Commonwealth. Mineral mining permits are issued by the Division of Mineral Mining (DMM) of the Virginia Department of Mines, Minerals and Energy pursuant to the Mineral Mining Law and Reclamation Regulations for Mineral Mining. To obtain a permit or add acreage to a mine operating under an existing permit, a plan of operation/mine permit map must be submitted for DMM approval and updated annually. The DMM possesses the authority to regulate an array of technical and operational issues through the permitting process and regular mine inspections. Issues controlled by the DMM include, but are not limited to, the following: grading and stabilization of quarry pits and berms, drainage, erosion and sediment control, screening of mine operations, blasting operations, and final reclamation and stabilization of the site. The Clearbrook quarry currently operates under mining permit number 07114AB. Should this rezoning be approved, the expansion of the mining operation to include the subject acreage would necessitate amendment of the existing permit. To secure DMM approval, the amended permit must be accompanied by a revised plan of operation/mine permit map demonstrating effective impact mitigation and conformance with state mining regulations. Scope of Proposed Use The majority of the limestone ore quarried at the existing Clearbrook site is processed and distributed directly from the Clearbrook site. The scope of the EM use at the Clearbrook site will continue to involve overburden removal, controlled blasting and ore extraction, crushing of ore for transport and the loading of materials for transfer. The proposed rezoning allows for an extension of the existing quarrying activities from the existing operation to the subject property. An extensive network of earthen berms will be installed to screen the Route 11 corridor including those residents adjacent to the subject property from the active mining activities. The berms will be planted with landscaping suitable for all season screening. Trees will be planted within one year from the date of unappealable zoning approval in the places identified on the plat attached to the proposed Proffer Statement as Exhibit 2. Site and Land Use History The subject properties contain significant limestone deposits that are recognized for their exceptional purity and consistency. For many years limestone ore has been 2 Impact Analysis Statement Carmeuse - Clearbrook extracted and processed via the existing Clearbrook quarry facilities, which are located adjacent to the subject acreage. These facilities serve a diverse array of industrial, environmental, and municipal markets with four primary product groups - high calcium quicklime, hydrated lime, chemical grade limestone, and construction aggregates. The applications for these products are numerous, but most notably involve agriculture, pollution reduction technologies, national defense infrastructure, road building, and food processing. The existing Clearbrook quarry facilities have been in active operation since the 1950's under various ownership interests, and were acquired by Carmeuse NA from Chemstone Corporation in 2008. As noted in the introductory section of this report, the acreage proposed for rezoning is adjacent to the current operation and has been controlled by mining interests for the past forty years, which has assured the availability of extensive limestone ore reserves for eventual extraction. Thus, although the zoning of the subject acreage has remained RA, the acreage has historically been reserved for extractive manufacturing as its intended use. The uneventful history of quarry operations in the Clearbrook area has demonstrated the ability of such facilities to amicably co -exist with nearby residents and land uses. The quarry companies have endeavored to meet with local residents and businesses over the years to ensure concerns are known. Such meetings have allowed compatibility issues to be identified and addressed proactively, thus ensuring the operation of extractive manufacturing uses with minimal impact to the surrounding community. These meetings will continue to serve a vital role in assuring that dialogue between Carmeuse and the community is on-going and constructive. Environmental Features The subject parcels of 92 acres contains no known environmental features. Of the total acreage proposed for rezoning, it is projected that actual excavation will involve approximately 55 acres, or only 60% of the area to be rezoned. Areas adjoining the quarries will be devoted to storage of said materials as well as discarded earth. Areas for excavation and storage will be located and managed to minimize impacts to surrounding properties_ Moreover, in any case where disturbance is proposed, appropriate mitigation strategies will be employed pursuant to the requirements of the Frederick County Zoning Ordinance and all applicable state and federal regulations. Soils/Geology The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcels fall under the Oaklet-Carbo-Chilhowie soil association. The following table identifies the multiple soil types present on each property - 3 Carmeuse - Clearbrook Impact Analysis Statement (Map Sheets 19, 24 and 25 of Soil Survey) Map Symbol Soil Name Slopes (range) Percent of Site 7C; Carbo Oaklet Rock Outcrop 2 to 15% 38. A % 32B Oaklet Silt Loam Z to I "�o --1 1 .4 % 6C Carbo Oaklet Silt Loam 2 to 15% 21.6% 34 Pagebrook Silt Loam 0 to 15% 2.4% The majority of the soil types comprising the subject acreage are not considered prime farmland. Soils 32B (Oaklet Silt Loam) are listed as prime farmland in the soil survey, however, these soils lie along the U.S. Route 11 right-of-way and are not in the quarrying area. These areas will be used for berm construction and landscaping to screen the operations site. Being along Route 11, these areas would, in all likelihood, not be suitable for farming. The residentially developed areas along Route 11, the fairgrounds and Stonewall Elementary School all lie on Oaklet soils. The purity and consistency of the limestone deposits found in soil groups 6C and 7C, that underlie the subject properties, constitute the ideal geologic conditions for extractive manufacturing use. The characteristics of the identified soil types and any implications for site development are manageable through the site engineering process. Access/Transportation Public road access will be provided to the rezoned parcel. All traffic will continue to use the existing entrances on Brucetown Road, VA Route 672. It is not expected that the rezoning will result in an increased trip generation as production is a factor of demand and not available reserves. As no increase in trips would result, there is no requirement for a Traffic Impact Analysis. Initial discussions with VDOT indicate that the entrance configuration is adequate for anticipated traffic volumes. D. SEWAGE COM JEYANCE AND WATER SUPPLY The Clearbrook facility is served by a private system for on-site sewage disposal. No additional sewage facilities will be required by this rezoning. Industrial use water supply for the Clearbrook facility is obtained by quarry pit de -watering, which occurs through the mining process. This source will provide sufficient supply and pressure for the expanded mining use, to include dust control in and around the quarries. All de -watering activities will be performed pursuant to DMM requirements, and in accordance with the approved mining permit for the Clearbrook operation. Domestic water use is provided by on site private well under Frederick County Health Department permit. E. DRAINAGE The plan of operation/mine permit map is required to include a drainage plan subject to DMM review and approval. The drainage plan must address several items, to include the following: (a) the directional flow of water on and away from the site, (b) location and M Impact Analysis Statement Carmeuse - Clearbrook specifications of constructed drainage ways, (c) the use of natural waterways for drainage, and (d) delineation of the streams or tributaries receiving the discharge. Should the requested rezoning be approved, the mining permit must be amended to include the subject acreage, which will involve preparation of a revised drainage plan that ensures effective incorporation of the expansion area into the facility's overall drainage system. F. SOLID ►PASTE DISPOSAL Solid waste generated by employee activities will be collected in dumpster facilities and removed from the site by commercial refuse carrier. Solid waste will be transferred to the Frederick County landfill for ultimate disposal by said carrier. Waste resulting from mining activities will be placed in spoil stockpiles and within berms used for facility screening. The storage and adaptive use of spoils will be addressed through the approval process for the amended mining permit, and will therefore be required to meet all DMM requirements. G. HISTORICAL SITES AND STRUCTURES The result of the Phase 1 Archaeological Survey is that the subject properties to be rezoned to not have historical significance with the exception of the Martin farmhouse. In the development contemplated by the rezoning, Carmeuse has no intention of removing or affecting the martin farmhouse, and, in the long term, will put the farmhouse into adaptive reuse. In the interim, pursuant to an Instrument which is recorded in the land records of Frederick County, Mrs. Martin continues to reside in and possesses a "life estate" interest in the farmhouse. Further, a Phase II Archaeological Survey of the area adjacent to a spring near the Martin farmhouse is being conducted. 5 CARMEUSE - CLEARBROOK REZONING IMPACT ANALYSIS STATEMENT January 2011 A. INTRODUCTION This report has been prepared for the purpose of assessing the impact on Frederick County by the conditional rezoning of parcels 44 -A -83A, 44-A-83 and a portion of parcel 33-A-144 which total approximately 92 acres. The subject parcels are situated on the east side of U.S. Route 11, 1,050 ft. south of Hopewell Drive. The property extends from the Clearbrook Park property on the north, south to near the Walters Mill Road intersection with U.S. Route 11. The northern site is a 44 acre portion of the current Carmeuse property which is zoned EM. Parcels 44-A-83 and 44 -A -83A of 48 acres lie to the south. The subject acreage is currently zoned RA (Rural Areas). This application proposes the rezoning of the 92 acres from RA to the EM (Extractive Manufacturing) District. Carmeuse NA Corporation's ("Carmeuse") existing Clearbrook plant and quarries are located adjacent to the subject properties. The property containing these existing facilities is zoned EM. The subject acreage contains mapped deposits of chemical grade limestone, the extraction of which is critical to the continued viability of the established quarry operation. Indeed, the mineral -rich nature of the properties and their value for future extraction activities was identified years ago when the northern half of the property was acquired and this acreage has remained in the ownership of mining interests ever since. The southern parcel was recently purchased to preserve the rights to the limestone below. The requested rezoning will enable the appropriate use of the subject acreage consistent with its unique geological attributes, which will thereby assure the continued vitality of the Carmeuse Clearbrook operation. The contents of this report will outline the role of the subject acreage in future Carmeuse operations and further identify anticipated impacts as well as those strategies necessary for effective mitigation. The applicant is confident that the proposed rezoning includes a proffer program that will appropriately and effectively mitigate identified impacts. As such, we believe this rezoning request merits favorable consideration and approval. Impact Analysis Statement Carmeuse - Clearbrook B. COMPREHENSIVE POLICY PLAN The subject acreage is not located within the boundaries of any small area study or land use plan included in the Comprehensive Policy Plan. The properties are also located outside of the Sewer and Water Service Area (SWSA) and the area is identified as appropriate for office and industrial uses. The Proposed Office and Industrial Areas policies of the Comprehensive Policy Plan are relatively silent concerning natural resource extraction. C. SUITABILITY OF THE SITE State Regulation of Mineral Mining Operations The Code of Virginia requires the issuance of mineral mining permits for all mining operations within the Commonwealth. Mineral mining permits are issued by the Division of Mineral Mining (DMM) of the Virginia Department of Mines, Minerals and Energy pursuant to the Mineral Mining Law and Reclamation Regulations for Mineral Mining. To obtain a permit or add acreage to a mine operating under an existing permit, a plan of operation/mine permit map must be submitted for DMM approval and updated annually_ The DMM possesses the authority to regulate an array of technical and operational issues through the permitting process and regular mine inspections. Issues controlled by the DMM include, but are not limited to, the following: grading and stabilization of quarry pits and berms, drainage, erosion and sediment control, screening of mine operations, blasting operations, and final reclamation and stabilization of the site. The Clearbrook quarry currently operates under mining permit number 07114AB. Should this rezoning be approved, the expansion of the mining operation to include the subject acreage would necessitate amendment of the existing permit. To secure DMM approval, the amended permit must be accompanied by a revised plan of operation/mine permit map demonstrating effective impact mitigation and conformance with state mining regulations. Scone of Proposed Use The majority of the limestone ore quarried at the existing Clearbrook site is processed and distributed directly from the Clearbrook site. The scope of the manufacturing use in Frederick County will continue to involve overburden removal, controlled blasting and ore extraction, crushing of ore for transport and the loading of materials for transfer. Additionally, the Applicant has proffered that activities such as asphalt or concrete mixing plants cement and lime kilns, and oil and natural gas extraction will be prohibited. As such, the proposed rezoning will only allow for an extension of the existing quarrying activities from the K Impact Analysis Statement Carmeuse - Clearbrook existing operation to the subject property. No processing or loading of processed material will occur on the subject property. An extensive network of earthen berms will be installed to screen the Route 11 corridor including those residents adjacent to the subject proper ty a ui7i a IC CIL-Live mining activities. The berms will be planted with landscaping suitable for all season screening. Trees will be planted within one year from the date of unappealable zoning approval in the places identified on the plat attached to the proposed Proffer Statement as Exhibit 2. Site and Land Use History The subject properties contain significant limestone deposits that are recognized for their exceptional purity and consistency. For many years limestone ore has been extracted and processed via the existing Clearbrook quarry facilities, which are located adjacent to the subject acreage. These facilities serve a diverse array of industrial, environmental, and municipal markets with four primary product groups - high calcium quicklime, hydrated lime, chemical grade limestone, and construction aggregates. The applications for these products are numerous, but most notably involve agriculture, pollution reduction technologies, national defense infrastructure, road building, and food processing. The existing Clearbrook quarry facilities have been in active operation since the 1950's under various ownership interests, and were acquired by Carmeuse NA from Chemstone Corporation in 2008. As noted in the introductory section of this report, the acreage proposed for rezoning is adjacent to the current operation and has been controlled by mining interests for the past forty years, which has assured the availability of extensive limestone ore reserves for eventual extraction. Thus, although the zoning of the subject acreage has remained RA, the acreage has historically been reserved for extractive manufacturing as its intended use_ The uneventful history of quarry operations in the Clearbrook area has demonstrated the ability of such facilities to amicably co -exist with nearby residents and land uses. The quarry companies have endeavored to meet with local residents and businesses over the years to ensure concerns are known. Such meetings have allowed compatibility issues to be identified and addressed proactively, thus ensuring the operation of extractive manufacturing uses with minimal impact to the surrounding community. These meetings will continue to serve a vital role in assuring that dialogue between Carmeuse and the community is on-going and constructive. Environmental Features The subject parcels of 92 acres contains no known environmental features. 3 Impact Analysis State zt Carmeuse - Clearbrook Of the total acreage proposed for rezoning, it is projected that actual excavation will involve approximately 55 acres, or only 60% of the area to be rezoned. Areas adjoining the quarries will be devoted to storage of said materials as well as discarded earth. Areas for excavation and storage will be located and managed to minimize impacts to surrounding properties. Moreover, in any case where disturbance is proposed, appropriate rnitigation strategies vaill be employed pursuant to the requirements of the Frederick County Zoning Ordinance and all applicable state and federal regulations. Soils/Geology The General Soil Map of the Soil Survey of Frederick County Virginia indicates that the soils comprising the subject parcels fall under the Oaklet-Carbo- Chilhowie soil association. The following table identifies the multiple soil types present on each property: (Map Sheets 19, 24 and 25 of Soil Survey) Map Symbol Soil fume Slopes (range) Percent of Site 7C Carbo Oaklet Rock Outcrop 2 to 15 % 38.6% 32B Oaklet Silt Loam 2 to 7 % 37.4% 6C Carbo Oaklet Silt Loam 2 to 15 % 21.6% 34 Pagebrook Silt Loam 0 to 15 % T2.4% The majority of the soil types comprising the subject acreage are not considered prime farmland_ Soils 32B (Oaklet Silt Loam) are listed as prime farmland in the soil survey, however, these soils lie along the U.S. Route 11 right-of-way and are not in the quarrying area. These areas will be used for berm construction and landscaping to screen the operations site. Being along Route 11, these areas would, in all likelihood, not be suitable for farming. The residentially developed areas along Route 11, the fairgrounds and Stonewall Elementary School all lie on Oaklet soils. The purity and consistency of the limestone deposits found in soil groups 6C and 7C, that underlie the subject properties, constitute the ideal geologic conditions for extractive manufacturing use. The characteristics of the identified soil types and any implications for site development are manageable through the site engineering process. Access/Transportation Public road access will be provided to the rezoned parcel.. All traffic will continue to use the existing entrances on Brucetown Road, VA Route 672. It is not expected that the rezoning will result in an increased trip generation as production is a factor of demand and not available reserves. As no increase in trips would result, there is no requirement for a Traffic Impact Analysis. Initial discussions with V©OT indicate that the entrance configuration is adequate for anticipated traffic volumes. Eli Impact Analysis Statement Carmeuse - Clearbrook D. SEWAGE CONVEYANCE AND WATER SUPPLE: The Clearbrook facility is served by a private system for on-site sewage disposal. No additional sewage facilities will be required by this rezoning. Industrial use water supply for the Clearbrook facility is obtained by quarry pit de -watering, which occurs through the mining process. This source will provide sufficient supply and pressure for the expanded mining use, to include dust control in and around the quarries. All de -watering activities will be performed pursuant to DMM requirements, and in accordance with the approved mining permit for the Clearbrook operation. Domestic water use is provided by on site private well under Frederick County Health Department permit. E. DRAINAGE The plan of operation/mine permit map is required to include a drainage plan subject to DMM review and approval. The drainage plan must address several items, to include the following: (a) the directional flow of water on and away from the site, (b) location and specifications of constructed drainage ways, (c) the use of natural waterways for drainage, and (d) delineation of the streams or tributaries receiving the discharge. Should the requested rezoning be approved, the mining permit must be amended to include the subject acreage, which will involve preparation of a revised drainage plan that ensures effective incorporation of the expansion area into the facility's overall drainage system. F. SOLID WASTE DISPOSAL. Solid waste generated by employee activities will be collected in dumpster facilities and removed from the site by commercial refuse carrier. Solid waste will be transferred to the Frederick County landfill for ultimate disposal by said carrier. Waste resulting from mining activities will be placed in spoil stockpiles and within berms used for facility screening_ The storage and adaptive use of spoils will be addressed through the approval process for the amended mining permit, and will therefore be required to meet all DMM requirements. G. HISTORICAL SITES AND STRUCTURES The result of the Phase 1 Archaeological Survey is that the subject properties to be rezoned to not have historical significance with the exception of the Martin farmhouse. In the development contemplated by the rezoning, Carmeuse has no intention of removing or affecting the martin farmhouse, and, in the long term, will put the farmhouse into adaptive reuse. In the interim, pursuant to an Instrument which is recorded in the land records of Frederick County, Mrs. Martin continues to reside in and possesses a "life estate" interest in the farmhouse. Further, a Phase II Archaeological Survey of the area adjacent to a spring near the Martin farmhouse is being conducted. 5 LEGEND ` t Mt Light Industrial M2 Industrial General EM Extractive Manufacturing ® MHI Mobile Home Community B2 Business General , r 'r 83 Industrial Transition Light RP Residential Performance Ex. RA floral Agricultural N T to be Rezoned to 1 : D 3g'1r> •,� ,i1 _ - - - - _ - - -- _ m w -c I I .r f w � c m EA'i Extractive Manufacturing -g � Ir • A'r R .•45 4�r. � t 's, ri• � � d � 5- LL V (A ox. 92 Acres) ^ .. In f -ids . r• �i, r r % `f•d4 s s ,ik! a jw� �'§;, , F.r 4 C ,��F^�'. r i,''� � /}-�Il:!i- / \ � • � o-'' �' � - r � ,��•- ..Pyr : �. �` i „ : - -_. .. ' `! `. - i >-w�:- +.. .. i '6 dam• -_ • - • . - , • - ,ins �,. `1� „ ——_� _ � -p�, — BRUCE Ld Ld jV 1 ' 1 •� t i,. _ a i y r I y � ,� t1 /f♦ !j�, , n 4 Z • J ,,,r. 1 f i�` ,y YY drama ; � �,�'� W � rl .;�• r �i` '�i ��' 1 � } p::-� � $�°db. '�c� '�_ `�~ , iii !� � - t:. (Qy IQI o L • / f LJ J di v, s \\ _ . Tw o' n • : v s I a � : r _ .. 'fes � ,,,•/ .' .;a % - �\� i,� 1'�`� ,_.. ' i � i �1" °�v`, _ - ,.- ._ �•._ _-- _ -_-, - �„ r;�. z o o cs.� d �j, REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA The following information shall be provided by the applicant.- All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Item Estate Division, 107 North bent Street, Winchester. I. Applicant: O -N Minerals (Chemstone) Company Name: d/b/a Carmeuse Lime & Stone Address: 11 Stanwix Street, 21st Floor Pittsburgh, PA 15222 Telephone: (412) 638-1581 Name: _Frances G. Martin as holder of life estate interest in parcel 44-A-83 _ Address: 3004 Martinsburg Pike, Stephenson, V A 22656 2. Property fawner (if different than above) Name: Same as applicants Address: 3. Contact person if other than above Name: Thomas Moore Lawson, Esq. Telephone: Telephone: (540) 665-0050 4. Checklist: Check the following items that have been included with this application. Location map X Agency Comments X Plat X Fees X Deed to property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 12 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: O -N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone Frances G. Martin as holder of life estate interest in parcel 44-A-83 6. A) Current Use of the Property: Residential (RA) 13) Proposed Use of the Property: Mining (EM) 7. Adjoining Property: PARCEL ID NUMBED USE ,fGNfNG See attached 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): 508 Quarry Lane (that portion not currently zoned EM), 3004 Martinsburg Pike and 3180 Martinsburg Pike. The subject parcels are located between the intersections of Route 11 with Brucetown Road (SR 672) and with Walters Mill Lane (SR 836). 13 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: 0 Townhome: 0 Multi -Family: 0 Non -Residential Lots: 1 Mobile Home: 0 Hotel Rooms: 0 Square Footage of Proposed Uses Office: 0 Service Station: 0 Retail: 0 Manufacturing: 0 Restaurant: 0 Warehouse: 0 Other: 55.2 acres - quarry operations 14. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): '1Z Date: �/ z I - z'-) (I O -N erals (Chemstone Company) d/b/a Carmeuse Lime & Stone Date: — 7-nd,0d / Frances G. Martin as holder of life estate interest in parcel 44-A-83 Owner(s): _ -- Date: O� inerals (Chemstone ompany) d/b/a Carmeuse Lime & Stone Date: r® Frances G. Martin as holder of life estate interest in parcel 44-A-83 14 Adj oini ng, Property Owners Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right -of -sway, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name Address Property Identification Number (PIN) Name: County of Frederick 107 N. Kent Street Property #: 33-A-1 62A Winchester, VA 22601 Name: County of Frederick 107 N. Kent Street Property #: 33 -A -162B Winchester, VA 22601 Name: Kesari Third Generation LLC 11499 White Oak Ct Property #: 33 -A -164B Herndon, VA 20170 Wampler Jack K Sr & Jack K Jr P/A Name: Wampler's Mobile Homes 2648 Martinsburg Pike Property #: 33 -A -164D Stephenson, VA 22656 Name: Richardson Kimberly Dick & John Franklin 107 Cotswold Court Property #: 33 A 164E Stephens City, VA 22655 Name: Frederick Land Company LC 893 Clubhouse Road Property #: 33-A-166 York, PA 17403 Name: Frederick Land Company LC 893 Clubhouse Road Property #: 34-A-20 York, PA 17403 Name: White Harry S. Jr. 385 Back Mountain Road Property #: 34 -A -24D Winchester, VA 22602 Name: Frederick County Fair c/o Chester Lauck 167 Fairground Road Property #: 44 -A -77A Clearbrook, VA 22624 Name: Stonewall District Ruritan c/o Joseph Hulver 1023 Redbud Road Property #: 44-A-81 Winchester, VA 22603 Name: Frederick County School Board P.O. Box 3058 Property #: 44-A-82 Winchester, VA 22604 Name: Umbenour Max J & Margaret M 115 Walters Mill Lane Property #: 44-A-84 Stephenson, VA 22656 Name: Bachmann Jane Brumback 137 William Richmond Property #: 44-A-95 Williamsburg, VA 23185 Name: Frederick Land Company LLC 893 Clubhouse Road Property #: 44-A-96 York, PA 17403 15 Name Address Property Identification Number (PIN) Name: Roberts Gregory G. 130 Tatanka Lane Property #: 44 -A -96A Stephenson, VA 22656 Name: Cutshaw Alan W & Susan J P.O. Box 133 Property #: 44 -A -96C Stephenson, VA, 22656 Name: Frederick Land Company LLC 893 Clubhouse Road Property #: 44 -A -96D York, PA 17403 Name: Frederick Land Company LLG 893 Clubhouse Road Property #: 44-A-97 York, PA 17403 Name: Anderson Mark D & Cheryl L 1419 Ramseur Ln Property #: 44-A-100 Winchester, VA 22601 Name: Gray Mark T, Gray Tina M 611 Walters Mill Lane Property #: 44-A-103 Stephenson, VA 22656 Name: Williams Gregory H P.O. Box 443 Property #: 44-A-106 Stephenson, VA 22656 Name: London Roy Alfred 111 3172 Martinsburg Pike Property #: 44A-1-1 Clearbrook, VA 22624 Name: Rudy Glenn B 621 Tennyson Avenue Property #: 44A-1-2 Winchester, VA 22601 Name: Hedrick David R. & Sandra L. 3154 Martinsburg Pike Property #: 44A-1-3 Clearbrook, VA 22624 Name: Cornwell Clarke & Tina 3144 Martinsburg Pike Property #: 44A-1-4 Clearbrook, VA 22624 Name: Myers Lolita L. 3134 Martinsburg Pike Property #: 44A-1-5 Clearbrook, VA 22624 Name: Bly Kenneth L. & Joy A 3126 Martinsburg Pike Property #: 44A-1-6 Clearbrook, VA 22624 Name: SK Associates Inc. 11499 White Oak Court Property #: 44A-1-7 Hemdon, VA 20170 Name: Clemons Richard Lee & Mary D 3106 Martinsburg Pike Property #: 44A-1-8 Clearbrook, VA 22624 Name: Butts Joseph L. & Sylvia P. 3096 Martinsburg Pike Property #: 44A-1-9 Clearbrook, VA 22624 Name: Payne Marion D. Jr. 3086 Martinsburg Pike Property #: 44A-1-10 Clearbrook, VA 22624 Name: Frederick Land Company LLC 893 Clubhouse Road Property #: 45-A-1 York, PA 17403 Name: Carter Robert W 827 Gun Club Rd Property #: 45-A-8 Stephenson, VA 22656 Name: Anderson Mark D 1419 Ramseur Ln Property #: 45 -A -8C Winchester, VA 22601 16 COUNTY of F REDERIC—K Departme t of Planning ay.d Development 540/665-5651 FAX: 540/665-6395 TO: Planning Commission FROM: Michael T. Ruddy, AICP Deputy Director RF,: Waiver Request — Carmeuse NA - Clearbrook DATE: July 18, 2011 The applicant, Carmeuse NA - Clearbrook, is seeking a reduction in the setback requirement for the EM Extractive Manufacturing District as it applies to their property to allow structures and excavations to be located closer to the front, side, and rear property lines than is currently permitted by Ordinance. More specifically, Carmeuse NA - Clearbrook, are requesting a waiver to Chapter 165 Zoning, Article VI Business and Industrial Zoning Districts. The requested waiver is to Part 608 EM Extractive Manufacturing District, 165-608.05 Setback and Yard Requirements, particularly 165- 608,05(A)(2),165 -608.05(B)(1) and 165-608.05(B)(2), to allow the setback requirement be reduced from 75 feet, 100 feet, and 200 feet, respectively, to 50 feet in all cases. The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg Pike, are located between the intersections of Route I 1 with Brucetown Road (Route 672) and Walters Mill Lane (Route 836), in the Stonewall Magisterial District, and are identified by Property Identification Numbers 44-A-83, 44 -A -83A and 33-A-144 (portion of). This property is subject to Rezoning #01-11. Background The relevant sections of the Zoning Ordinance are as follows: 165-608.05 A (2) Excavations shall be no closer than one hundred feet from any road, street or highway right-of-way. The Planning Commission may reduce the required front setback for excavation to 50 feet if it determines that, through the use of measures such as landscaping or screening, the effective protection afforded to adjacent properties has not been reduced. 107 Nord., Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Planning Commission RE: Carmeuse NA EM setback waiver July 18, 2011 Page 2 165-608.05 B Side and rear setbacks. All principle and accessory structures shall be set back at least 25 feet from any side or rear property boundary. No structure shall be closer than 100 feet from any property line zoned RA, RP, R4, R5 or MH 1. The Planning Commission may reduce this required setback to 50 feet if it determines that, through the use of measures such as landscaping or screening, the effective protection afforded to adjacent properties has not been reduced. Excavations shall be no closer than one hundred feet from any property zoned RA, RP, R4, R5 or MH1. No excavation shall be located closer than 200 feet from any dwelling or platted residential subdivision. The Planning Commission may reduce these required setbacks to 50 feet if it determines that, through the use of measures such as landscaping or screening, the effective protection afforded to adjacent properties has not been reduced. The Applicant submitted an exhibit with their rezoning application which depicts the general locations of the proposed screening and the berm sections which locate the landscaping and final berm. The requested setback for the excavations from Route 11 and private drives, the front setbacks, is 50 feet rather than the required 1.00 feet. The requested setback for structures from the side and rear property line is 50 feet rather than the required 100 feet. The requested setback for excavations from the side and rear property lines adjacent to any dwelling or platted residential subdivision is 50 feet rather than the required 200 feet. The Planning Commission should determine if the applicant has, through the use of measures such as landscaping or screening, effectively protected the adjacent properties, including the residential properties and Clearbrook Park, and along Route 11, the appropriate measure of protection and has not reduced the effectiveness of the buffering and screening. Update for 08/03/11 Planning Commission Meeting When evaluating this waiver request, please note that the Applicant has provided a revised proffer statement that provides for the following. The provision for the dedication of 20feet across the property whenever a demand is madefor the same by Frederick County or VDOT (6.2). The dedication would be from within the proposed 50 foot setback, potentially reducing the buffer along Route 11 to 30 feet. Any alteration, amendment, or relocation of the buffer and screening shall be at the sole discretion of the Applicant. Planning Commission RE: Carmeuse NA EM setback waiver July 18, 2011 Page 3 This is a Planning Commission item only. It should be recognized that the waiver request is related to rezoning application RZOI-11, in that Exhibit 2 is a proffered condition of the rezoning. If the applicant has not satisfactorily demonstrated the effectiveness of the alternative buffer and screening to the Planning Commission, the proffer statement incorrectly reflects the current setback requirements of the Zoning Ordinance. Please contact me if you have any further questions. MTR/bad Attachments PROPOSED SCREENNG SCALE: T-300' r.;'• v,l LANDCAPING TO BE PROVIDED - U PER PROFFER 2.2 - w � U Z N LANDSCAPE FT. RA w s • �� APPROX. 10 FT. HEIGHT � U.S.. ROUTE' it/ IT ` 4 PRIVATE DRIVE e m O 5 - � 0 p U] o c� M m AN _-_ EXISTING GROUND N rn _ - - - - - _ _ - - - - - - - __ - - - --- - - - -- g 0 OU Q N O PIT WALL 25.00' 28.00' APPBOX. APPROX. u - SECTION A N N � T v N lH � 2 Z C m _ LANDCAE TO BE PROVIDED PER PROFFER 22 p+ 4 LANDSCAPE BERM M w �2 RESIDENTIAL LOT I APPROX. 10 FT. HEIGHT U.S. ROUTE 11 EXISTING GROUND I� �-t-------- ---- --------- _ _ PIT WALL RESIDENTIAL LOT 273'± 25.00• 28.00' APPROX. APPROX. n — SECTION B BERMS TO BE PLANTED WITH TREES UPON CONSTRUCTION. THE SPECIES AND LOCATION OF pp pp ALL TREES WILL BE APPROVED BY THE LOCAL OFFICE OF THE U.S. DEPARTMIENT OF FORESTRY. SCREENING BERM SECTIONS SCALE: 1"=20' i C] rtr a+ 0 PROPOSED SCREENNG SCALE: T-300' r.;'• v,l LANDCAPING TO BE PROVIDED - U PER PROFFER 2.2 - w � U Z N LANDSCAPE FT. RA w s • �� APPROX. 10 FT. HEIGHT � U.S.. ROUTE' it/ IT ` 4 PRIVATE DRIVE e m O 5 - � 0 p U] o c� M m AN _-_ EXISTING GROUND N rn _ - - - - - _ _ - - - - - - - __ - - - --- - - - -- g 0 OU Q N O PIT WALL 25.00' 28.00' APPBOX. APPROX. u - SECTION A N N � T v N lH � 2 Z C m _ LANDCAE TO BE PROVIDED PER PROFFER 22 p+ 4 LANDSCAPE BERM M w �2 RESIDENTIAL LOT I APPROX. 10 FT. HEIGHT U.S. ROUTE 11 EXISTING GROUND I� �-t-------- ---- --------- _ _ PIT WALL RESIDENTIAL LOT 273'± 25.00• 28.00' APPROX. APPROX. n — SECTION B BERMS TO BE PLANTED WITH TREES UPON CONSTRUCTION. THE SPECIES AND LOCATION OF pp pp ALL TREES WILL BE APPROVED BY THE LOCAL OFFICE OF THE U.S. DEPARTMIENT OF FORESTRY. SCREENING BERM SECTIONS SCALE: 1"=20' W C] z 0 0 0 V 1 cn W m N � O � O 5 LANDSCAPING PER PROFFER 22 Q .: O U FINAL LANDSCAPING BERM o w J M � � Q Q � W U to � W J o w U o D I L O Z C] 0 0 O cn m N O � Q �. z w U to � U Q D Z Z v Z W