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PC 06-15-11 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia June 15, 2011 7:00 P.M. CALL TO ORDER 1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission should adopt the Agenda for the meeting 2) May 18, 2011 Minutes 3) Committee Reports 4) Citizen Comments PUBLIC HEARING 5) Code of Virginia, Section 15.2-2232 Review, for 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 that the proposed facility is substantially in accord with the adopted comprehensive plan, the 2007 Comprehensive Policy Plan. This property is located on the west side of Poorhouse Road, and is identified with Property Identification Number 52 -A -47A in the Gainesboro Magisterial District. (Mr. Ruddy) 6) 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. This property is located at 575 Glengary Road, and is identified with Property Identification Number 13- A-72 in the Gainesboro Magisterial District. (Mr. Cheran) 7) 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 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) -2 - PUBLIC MEETING 8) 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) 9) Other 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 May 18, 2011. PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/ Opequon District; Gary R. Oates, Stonewall District; J. Stanley Crockett, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; George J. Kriz, Gainesboro District; Charles E. Triplett, Gainesboro District; Greg L. Unger, Back Creek District; Kevin O. Crosen, Back Creek District; Philip E. Lemieux, Red Bud District; Roderick B. Williams, County Attorney; and Kevin McKannan, Winchester Planning Commission Liaison. ABSENT: Christopher M. Mohn, Red Bud District; Brian Madagan, Opequon District STAFF PRESENT: Michael T. Ruddy, Deputy Planning Director; Candice E. Perkins, Senior Planner; Mark R. Cheran, Zoning & Subdivision Administrator; 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 May 18, 2011, Planning Commission agenda as presented for this evening's meeting. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes of April 6, 2011, were unanimously approved as presented. Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes of April 20, 2011, were unanimously approved as presented. Frederick County Planning Commission Page 2752 Minutes of May 18, 2011 -2 - COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPC) — 5/09/11 Aug. Commissioner Kriz reported the CPPC discussed the Senseny/Eastern Frederick Urban Areas Land Use Plan, which will be presented to the Commission at this evening's meeting by staff. The CPPC was also provided a brief update on the Comprehensive Policy Plan review by the Board of Supervisors. Sanitation Authority (SA) — 5/17/11 Mtg. Commissioner Unger reported 6.65 inches of rain in April, which is up considerably; average rainfall is typically three inches or less per month. He said the north quarry at the Diehl plant was up about four feet, which is good. The SA is still having problems with rags in the system in the Stephens City area and this is becoming quite serious now with all of the flooding. Commissioner Unger stated that the SA has resolved the issue with the tank at the Lutheran Home on Route 50. He also reported about an odor problem at the Parkins Mill Plant and concrete slabs are being placed to correct the situation. Historic Resources Advisory Board (FOR") — 5/17/11 Mtg. Commissioner Oates reported that the HRAB received an update from AT&T's representative stating that the items requested by the HRAB at the previous meeting would not be done because the applicant did not believe the items were reasonable. Those items were: 1) To camouflage the pole to blend in with the surroundings; 2) To have an architect document the four nearby houses to see if they would qualify for the national registry; 3) To reduce the tower's height to the minimum needed and not the 199 feet requested; and, 4) To move the tower closer to the woods so it would not be as obvious. Commissioner Oates said the HRAB's recommendation to the Planning Commission and the Board of Supervisors is for denial. Commissioner Oates said the second item was a rezoning application at the old Stone Restaurant in Clearbrook. There were concerns about increasing the truck traffic in such a congested area and eroding the historic nature of the area. He said after much deliberation, the Board voted to recommend approval based on four conditions by the applicant: 1) Remove all of the entrances near the Hopewell Road intersection with Route 11 and place screening in those islands; 2) Preserve the historic house on the property that is a Quaker -built house from the 1700's and consider an adaptive reuse; 3) Offer a proffer to never demolish the house; 4) Provide architectural documentation of the house. Frederick County Planning Commission Page 2753 Minutes of May 18, 2011 -3 - Winchester Planning Commission Mr. Kevin McKannan, Winchester Planning Commission Liaison, reported that the Winchester Planning Commission is primarily working on mixed-use approvals at this time. Mr. McKannan said the Commission is striving to balance the mix of various uses along the Old Town Corridor. He noted a recent approval of a nightclub use and a taco house is in the process; however, existing residential units are located above and will need to be considered. In addition, Mr. McKannan reported some renovations taking place in Jim Barnett Park to convert Preston Field to a football field. CITIZEN COMMENTS Chainnan Wilmot called for citizen comments on any issue not on this evening's agenda. No one carne forward to speak and Chairman Wilmot closed the citizen comment portion of the meeting. PUBLIC HEARING An ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article I, General Provisions; Amendments; and Conditional Use Permits, Part 102 Amendments; Section 165-102.06 Conditional Rezoning. This amendment provides revisions to the public hearing requirements for proffers. Action — Recommended Approval Senior Planner, Candice E. Perkins, reported that this revision will allow the Board of Supervisors to waive the public hearing requirements for proffer revisions when the proposed revision does not affect conditions of use or density and when the proposed revision has a benefit to the County. Ms. Perkins said the proposed amendment is in conformance with the Code of Virginia. She noted that the Board of Supervisors discussed the amendment at their meeting on April 27, 2011 and instructed the staff to proceed with a public hearing. Chairman Wilmot had a question for staff on the process; specifically, if the Commission would simply see the request, but not act, as it moves forward for the Board's action. Ms. Perkins said the Board of Supervisors would be the body that needs to waive the public hearing requirement. She said if they did waive the public hearing requirement, the request would come back through as a public meeting item and the Planning Commission would make a recommendation to the Board. Chairman Wilmot next opened the public hearing and called for citizen comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. No other issues of concern were raised by the Commission. Frederick County Planning Commission Page 2754 Minutes of May 18, 2011 -4 - Commissioner Thomas made a motion to recommend approval of the ordinance amendment. This motion was seconded by Commissioner Kriz and unanimously passed. BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval of an ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article I, General Provisions; Amendments; and Conditional Use Permits, Part 102 Amendments; Section 165-102.06 Conditional Rezoning. This amendment provides revisions to the public nearing requirements for proffers. (Note: Commissioners Mohn and Madagan were absent from the meeting.) COMMISSION DISCUSSION Introduction and discussion of the Senseny/ Eastern Frederick Urban Areas band Use Plan. This discussion is an introduction to the land use plan and an opportunity to provide input on ensuring a coordinated approach to addressing the future growth of this area. No Action Required Deputy Planning Director, Michael T. Ruddy, reported that the Comprehensive Plans & Programs Committee (CPPC) received an introduction to this plan at their meeting on May 9, 2011, as directed by the Board of Supervisors. Mr. Ruddy noted that the various area land use plans are very important to the County's planning effort because they provide the ability to implement the Comprehensive Policy Plan in a detailed area, while working with the citizens and stakeholders of the area. Mr. Ruddy said this study effort will encompass the area of the County that is generally east of the City of Winchester and Route 522 South to the Clarke County line and from Redbud Run in the north to the Opequon Creek in the south. He said the study area will include the Route 7 and Route 50 Business Corridor Plans which were both adopted in 1994. Mr. Ruddy noted that the study area has been expanded to incorporate the eastern portion of the Southern Frederick Land Use Plan, which was adopted in 1999. The study area includes both the Red Bud and Shawnee Districts and a small portion of the Stonewall District. Mr. Ruddy said there has been consideration of expanding the area further to bring it all the way to I-81 and north of Route 37. The reasoning basically recognized that the eastern part of Frederick County is being considered and this would provide the ability to capture and complete the entire eastern part of Frederick County. The expansion would pull in some key areas, such as Papermill Road and Warrior Drive extended, tying into the Russell 150 project, and it will encompass a considerable amount of land within this area. Mr. Ruddy said an important part of this study is the public involvement and input; therefore, in addition to working with the various community partners and stakeholders, it was important to get as many citizens involved as early as possible in the process. He said the CPPC is hoping to use the working groups, similar to those used with the update to the Comprehensive Policy Plan. The working groups will cover various discussions concerning urban areas, particularly business and residential development, transportation, historic and natural resources, and public facilities. Mr. Ruddy said the study's efforts will attempt to identify and understand a variety of important issues, both current and future, and promote a coordinated approach to addressing the future of this rapidly evolving part of Frederick County. Frederick County Planning Commission Page 2755 Minutes of May 18, 2011 -5 - Chairman Wilmot asked Mr. Ruddy how much of the work will be done on the web. Mr. Ruddy said there will need to be quite a bit of communication, which will be done through the working groups and using the internet and the web site. Mr. Ruddy also anticipated getting out into the community, possibly at the Greenwood Elementary School, the Greenwood Fire Hall, and into the Justes Drive area. In addition, the many homeowners associations in this area will be involved, along with the Winchester Regional Airport, Shenandoah University, and the Frederick County Landfill. OTHER CANCELLATION OF THE JUNE 1 2011 MEETING OF THE PLANNING COMMISSION 2011 meeting. Chairman Wilmot announced there were no pending items for the Commission's June 1, Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the Planning Commission unanimously voted to cancel their June 1, 2011 meeting. ADJOURNMENT No further business remained to be discussed and upon motion made by Commissioner Kriz and second by Commissioner Thomas, the meeting adjourned at 7:16 p.m. by a unanimous vote. Respectfully submitted, June M. Wilmot, Chairman Eric R. Lawrence, Secretary Frederick County Planning Commission Page 2756 Minutes of May 18, 2011 L MEMORANDUM TO: Planning Commission FROM: Michael T. Ruddy, AICP -' Deputy Director®a- — COUNTY of f" REE DE ICK -- Department of Planning and Development 540/665-5651 FAX: 540/665-6395 RE: Comprehensive Plan 15.2-2232 Review — Round Hill Ground Water Storage Tank DAVE: May 31, 2011 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. The property, a five acre parcel, is located on the west side of Poorhouse Road, and is identified with Property Identification Number 52 -A -47A in the Gainesboro Magisterial District. The applicant for this Code of Virginia, Section 15.2-2232 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). The purpose of this review is to ensure that the proposed facility is substantially in accord with the adopted comprehensive plan, the 2007 Comprehensive Policy Plan. This is a Planning Commission public hearing item. 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 Plan. More detailed site development items will be addressed at the time of site plan approval in a manner consistent with the Frederick County Zoning Ordinance. The Board of Supervisors is scheduled to consider this item at their July 27, 2011 meeting. Background The construction of this public facility furthers the goals of the Comprehensive Plan by facilitating the provision of public water for the County's Urban Areas and SWSA, Sewer and Water Service Area. More specifically, the Round Hill Ground Water Storage Tank enables the provision of public water to the Round Hill Community, as envisioned by the Round Hill Land use Plan. 107 North Kent Street, Suite 202 o Winchester, Virginia, 22601-5000 Planning Commission public hearing RE: Comprehensive Plan 15.2-2232 Review Round Hill Ground Water Storage Tank May 31, 2011 Page 2 Both the 2007 Comprehensive Policy Plan and the proposed 2030 Comprehensive Plan currently under review by the Board of Supervisors, include the Round Hill Land Use Plan and the Sewer and Water Service Area and contain expectations regarding the provision and development of public facilities, including public water and sewer. The project is located in the optimal location to serve its purpose, enabling the provision of water to the County's Sewer and Water Service Area. The Planning Commission must review each proposed public facility for conformance with the Comprehensive Plan. The vast majority of the public facilities constructed in Frederick County are included within the Capital Improvement Plan (CIP). The Frederick County Board of Supervisors adopts a Capital Improvement Plan (CIP) annually. The CIP is a tool that implements the goals of the Comprehensive Plan and, when reviewed and endorsed through the public hearing process, suffices to meet the 15.2-2232 Review. FCSA facilities have not traditionally been included in the County's CIP, but have been included in the FCSA's CIP. Recommendation Based upon an evaluation of the request, the proposed Round Hill Ground Water Storage Tank meets the goals of the Comprehensive Plan. The facility serves the developing areas of the County and vastly benefits the ability to provide public water to the citizens of Frederick County located in the Urban Areas, in particular the Round Hill Community Land Use Plan. It is Staff's recommendation to the Planning Commission that the Commission determines that the proposed facility furthers the goals of the Comprehensive Plan and that the facility is consistent with the Comprehensive Plan. Additional information pertaining to the property and the public facility has been provided by the applicant and is included for your review. Please contact me if you have any further questions. MTR/bad Attachments 2-A 37A rim .}}52 A 42A 51 52,Y]32 Q 52 A 42$ r'., z 'pQ; aF ,. ALL M. i :62q 81 52tA 4 a• 52A 4'6 52 2 8 r 52 A 46A SA 45 r ' r � 2A44° t ' e � 52 A 65A 52 3 4` . 52.33 t 52 A 92A 52 3.2 "52 3 1'v ti " 52 A.64'� -1 Water Tower Parcel 52 A 63 �\ Parcels Sewer and Water Service Area 1 Zoning 61 (Business, Neighborhood District) B2 (Business, General Distrist) i B3 (Business, Industrial Transition District) 52 A 66 EM (Extractive Manufacturing District) �9 t+W HE (Higher Education District) / �� Adr ; M1 (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) 4W R5 (Residential Recreational Community District) RA (Rural Area District) RP R 'd t 1 P rformance District) Note: Frederick County Dept of Round Hill Ground Planning & Development 107 Storage Water N Kent St Suuitit e 202 Tank Request Winchester, VA 22601 PIN: 52 - A - 47A 540- 665-5651 Map Created: May 25, 201 1 Staff: mcheron 0 250 500 1 000 Feet ( es i en la e �I h '16REENAY ENGINEERING, i. 151 Windy Hill Lane Winchester, Virginia 22602 Founded in 1971 May 20, 2011 Frederick County Planning Department Attn: Michael Ruddy, Deputy Director 107 North Kent Street Winchester, VA 22601 i, MAY L 0 2011 _ s e RE: Round Hill Ground Storage Water Tank — 15.2-2232 Request Dear Mike: The purpose of this letter is to request Plarming Commission and Board of Supervisors consideration of the referenced request. The following information and attachments are intended to provide justification for acceptance of the development of a ground storage water tank on Tax Map Parcel 52 -((A)) -47A, which was approved by Frederick County on May 18, 2011. Tax Map Parcel 52 -((A)) -47A is a 5.005 -acre parcel that is currently owned by Robert N. & Lynda C. Carpenter, Trustees of the Carpenter Family Land Trust. This parcel will be acquired by Silver Lake, LLC and ultimately conveyed to the Frederick County Sanitation Authority (FCSA). FCSA intends to utilize this parcel for the development of a ground storage water tank with up to 1,500,000 gallons of storage capacity. 15.2-2232 Request Information Comprehensive Plan — The Frederick County Board of Supervisors adopted the Round Hill Community Land Use Plan in June 1996. This land use plan was subsequently amended and adopted by the Board of Supervisors in November 2007 and June 2010. The Round Hill Community Land Use Plan identifies the Round Hill Rural Community Center and areas for business, medical support, and commercial recreation land use. The Public Utilities Section of this plan identifies the need to provide water storage to ensure that adequate water pressure is available for the development of future land uses described in this plan. (Please refer to attached the Map Exhibit entitled Area Plan — Round Hill Community Land Use Plan) Ground Storage Water Tank Design and Location — Analysis of the water systems needs of the Round Hill Community Land Use Plan demonstrated that a minimum 1,000,000 gallon storage tank with a water surface elevation of 1,025 msl would be required to provide for adequate water storage and pressure. A ground storage water tank was felt to be less visibly obtrusive to the overall Round Hill Community than an elevated water storage tank. Therefore, the Tax Map Parcel 52 -((A)) -47A provides an opportunity to Engineers Surveyors Planners Environmental Scientists Telephone 540-662-4185 FAX 540-722-9528 Project #4928S www.greemvayeng.com meet the design criteria for this system in a location that is adjacent to and centrally located within the Round Hill Community Land Use Plan area. The proposed ground storage water tank design is for a pre -stressed concrete tank, which will be located on Round Hill within a wooded area. The attached Site Plan and Elevation Drawing provides for a 1,000,000 gallon ground storage water tank that is 70' in diameter, with a wall height that is approximately 45' in height and a cap height of approximately 54'. FCSA has endorsed the development of a ground storage water tank with up to 1,500,000 gallons of storage capacity; therefore, adjustments in the final design may occur that could increase the diameter, while attempting to hold the cap height of the water tank. (Please refer to Ground Storage Water and Elevation Exhibits) FCSA Board — The FCSA Board has endorsed the proposed location for the development of a ground storage water tank with up to 1,500,000 gallons of storage capacity to provide water service with adequate pressure to serve the Round Hill Community as defined in the Round Hill Community Land Use Plan. Tax Map Parcel 52 -((A)) -47A — Frederick County approved a Minor Rural Subdivision Plat for tax map parcel 52 -((A)) -47A on May 18, 2011 that meets all applicable requirements of the Frederick County Code. The FCSA Board has endorsed this parcel for the development of the ground water storage tank to serve existing and future development needs of the Round Hill Community. (Please refer to Minor Rural Subdivision Plat) It is requested that Frederick County favorably consider this information as justification for conformity with Section 15.2-2232 of the Code of Virginia. A Site Plan for the final ground storage water tank meeting all requirements of the Frederick County Code will be submitted for approval by Frederick County following approval of this request by the Board of Supervisors. Thank you for your consideration of this matter and advise me if you need any additional information at this time. Sincerely, Evan yatt, AIC Greenway Engineering Cc: Roderick Williams, Frederick County Attorney Uwe Weindel, FCSA Director Robert N. Carpenter and Lynda C. Carpenter Silver Lake, LLC Project #49285 " 15.2-2232 Request Information — Tax Map Parcel 52 -((A)) -47A Applicant: Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 (540) 662-4185 Office Telephone Parties In Interest Of The Property: Robert N. & Lynda C. Carpenter, Trustees of Carpenter Family Land Trust Silver Lake, LLC, James R. Wilkins, Jr., and James R. Wilkins, III Property Location: Northwest side of Poorhouse Road (Route 654) and adjoining Skyview Lane; approximately 0.7 miles north of Northwestern Pike (U.S. Route 50 West) Property Dimensions & Frontage: Tax Map Parcel 52 -((A)) -47A is a 5.005 - acre minor rural subdivision served by a 50' private access road. The parcel has a width of approximately 310' and a depth of approximately 750'. Deed Information: The parent tract (Tax Map Parcel 52-((A))- 47) is owned by Robert N. & Lynda C. Carpenter as evidenced by Instrument #070017603. Tax Map Parcel 52 -((A)) -47A has been approved by Frederick County and will obtain an Instrument # following settlement. Property Information: Adjoining Property Information Tax Map Parcel 52 -((A)) -47A is located in the Gainesboro Magisterial District and is zoned RA, Rural Areas District. All adjoining properties are zoned RA, Rural Areas District and are either residential or unimproved properties. 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New Minor Arterial *-%*—r Improved Minor Arterial New Major Collector Improved Major Collector New Minor Collector Improved Minor Collector `s Ramp Trails r'Round Hill Community Land Use Plan «.,..... ,� r S�S� . r-'' i S4 H as Urban Development Area of X04 Sewer and Water Service Area Land Use Legend �f .., + •'� CD Business �..• y y `\ -,,woo Mixed-Use •'�, '¢ '� >x '� Mixed Use Commercial \ Office Highway Commercial Industrial Warehouse Np 1 i Heavy Industrial RTjyw rIrRN p -110E 50y tiQ _ e�My ' Mixed Use Industrial \ Office 5� r =T ` IA pMMERST 5 Extractive Mining CD ao3Residential CDPlanned Unit Development Mixed Use Age Restricted o o Urban Center •� ? , Neighborhood Village � v ysP CD Commercial Recreation �`:� !� Recreation .� L. �Q CD Natural Resources & Recreation Park �- DSA - Historic Resources & Recreation r ' Fire & Rescue ., (i Institutional 'd000''r School RuralCommunityCenter if a 0 0.125 0.25 0.5 Miles s Wc Y �� • S'. ci z L-fit1T5Ol: CLE�t' RING t W `: =DIY i ,' �l-j- 'r DOIIBLE ROW C� WHITE PINA ++ \f ` t ,1= - / / }, Lu �"� W BE PLANTED WITHIN: H }j3 _.,,' "1 / •`-•". �^. ` r- EXI5TW. /TREE CANTY It IXISTINES TO \i II ky!/ REMOVED�ZL nYlYLI •DET 71 z a. OUBLE ROW OF WHITE PINE' - l TO BE PLANTED WITHIN EXISTING TREE CANOPY 1T��1�m 1 r �JJI , TH op, --- - -- - - T� RANDY L KEPLER s ' Lic. No. 32809 DO NOT PRUNE TERMINAL 0 PRUNE CODOMINANT LEADERS LEADER OR BRANCH RPS Gi /ONAL PRUNE RUBBING OR CROSSING BRANCHES DO NOT STAKE OR WRAP W TRUNK UNLESS NECESSARY L PRUNE CROTCH __ r ANGLES AND WATER SPROUTS _ / •, _� (/j flEMOVE TAGS AND lABftS 00 NOT Fl ST 3UP RS LUT AWAY ALL BAWNC ROPES iPA / / 1f1 / 6 O PRUNE BROKEN BRANCHES �-- / - LOCATED ON --TAX PARCEL 53 -A -AI '_ ,^Y�l EBALL IS TO BE 7 E/]F, Z / / / _ / / EM STININ G MADE PRUNE SUCKERS { REMOVE AS MUCH OF THE 2--Y MULCH KEPT - / - i MIRE BASKET AS POSSIBLE AWAY FROM TRUNK POTENTIAL WATER TANK LANDSCAPING r / / / H ~ F 1 / IIIA VIII- 1111 I Il��,p SOL WELL TD CONTAM WATER / r �� / / / �"-� p N U WIDEN AND SCORE • • . ! .' -� HOLE WALLS ��y`Y i� fi'?r<1i. UNAMEIJOEO BAIXFlLL SOIL �—^ I / W [� c'• I ABB BOTANIC NAME COMMON NAME QUANTITY SITE _ - �+L i / / / �"�/*� P4 z F r NEM . NG DO— FO I ' I ' P5 Pi— w b- wit. Pi- 107 4' HT, BLB I / / l�� v / / / it O < x, � a � O Q CONTAINER -CROWN OR AS LEAVE SOLID SOIL PEDESTAL - DO NOT ^� A� '�- MUCH BURLAP AS POSSIBLE I DIG DEEPER THAN BALL DEPTH CL Cupre66oc9parle leylard11 Leyland Clgxese 53 4' iiT, BtB ^_ Y� J / / J `^� Fx / I F Q ` E, T 2X -3X BN1 DIA / / - / / I I ,' Q Z W I TREE PLANTING DETAIL POTENTIAL WATER BOOSTER STATION LANDSCAPING / !_ <L. / WATERBOOS 0 a O BOOSTER Jj FSTATION \\ �/ a Z a x ABB BOTANIC NAME COMMON NAME QUANTITY SIZE cf`�v / 0 Q I- v TO rea TFMJa ocoldentallls Eastern/American Arborvitae 4 4' HT, BB / //� - �� ..� _ trA% Z F A'..I �1 ®aw w CL Cupsoaypane leylandll Leyland es Cyprs 4 4'14T 548 A W NOTES: Z c'J TREE CHAIR OR RE APPROX. LOC ✓✓`� 1 Q V L PER3'7ETER LANDSCAPING SHALL BE PLANTED ON OFT CENTERS BETWEEN EACH TWIT x-4 Sl_M 5Cr1 _ _ �. - Ir MID BETWEEN EACH ROILL PLANTINGS SHALL BE STAGGERED. 0 OPRONAL KITH TIE Z w l� ' UPRIGHT STAKES - EXTENDED TO FlRM--�—__ — -- --- - , IUIIIIIIIII III II =III IIIOIII I BEARING SOIL s�� f �"- - -. — — -------• ---•'----'- 1 y J I DATE 05/2810 1 I TI UPRIGHT STAKES EXIENOEO TO R. ,I I BEARING SOIL 1l I I PLACE STAKES PARALUEL SCALE: VARIES ------11k--- TO WALKS AND BUILDINGS l � DESIGNED BY: RLK/KAS DIG HOLE 2X-aX ROOT BALL MOTH FILE NO. 49285 TREE PLANTING - VERTICAL STAKES SHEET C501 N w Legend Subject Property Adjoining Property Parcel Boundary 52 A 42B ht 52 A 47 Feet 300 0 300 600 ;ZP Data Source: Frederick County, Va. GIS Department, September 2010 Data kk� Carpenter Family Land I -rust Property FCSA Tank Site Adjoining Properties Map 52 A 47 Tax Map Number k Owner Mailing Address City &State ZIP l Zoning Land Use Code 52 2 C 'PLUMLYANNA C TRUSTEE C/O FIRST BANK TRDEPT 1835 VALLEY AVE WINCHESTER VA '226011:RA :2 52 2 D NICHOLSON RENTAL PROPERTIES PO BOX 3502 LAKEWALESFL 13859RA l__ 52 A_ 42 HAINES PHILLIP C HAINES DIANA N 675 POORHOUSE RD WINCHESTER VA 22603rRA 2 52 A 42B LARSEN RICHARD G & HARRIEr J 319 S SAINT ASAPH ST ALEXANDRIA VA 22314; RA 2 52 A 43 ;POLLARD AUGUSTA RICHARDS C/O MRS. AUGUSTA WATSON .502 HIGHLAND RD LEXINGTON VA .24450 RA .2 52 A 45 DRIVER BRADLEY B. 445 POORHOUSE RD WINCHESTER VA !22603 14A .2 52 A 46 BURLEY LAURA C .479 POORHOUSE RD WINCHESTER VA 22603; RA :2 52 A 46A M OLDEN REAL ESTATE CORP .2400 VALLEY AVE WINCHESTER VA 22601 RA 2 - 5i _ -A 47 sfEtc RPbff LINDA C TRUSTEE Afkf CARPENTER 516 POORHOUSE RD WINCHESTER VA 22603tRA 6 2E rr w 0 Cf) Lli LU LLJ n ca < 0 Ir LL Er w z LL1 a - Z 0 CL LU< zcf) l__ i) < 0 LLI rr U) Cc C) H _J < < z < F- CC 0 >:, CC\0J Z W 0- 0 Cf) w 0 W ca 0 Ir < w z a_ QT z 1-- 0 (-1 w U) ::) w w _J < fr > I— (0 F- CC ir W >:, CC\0J Z W 0- 0 Cf) l-— Z ::) 01 _J tr C) < 0 < O C) Y w ---), U) LL Z z 0 0 fr 0 Er 0- U_ 0 0 cf) ED LJJ 0 0 C) ai W < w z w �z N 11 z w 0- W 6i < W !;E < _J < 0 C) co Special Limited Power of Attorney ! nuinfir of Iry Virniria Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Facsimile 540-665-6395 Phone 540-665-5651 Know All Men By These Presents: That I (We) (Name) Robert N. Carpenter (Phone) f540) 662-1179 (Address) 516 Poorhouse Road Winchester, VA 22603 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 070017603 on Page , and is described as Parcel: 52 Lot: 47 Block: Section: A_ Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering, Inc. (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane, Winchester, VA 22602 To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ❑ Rezoning (Including proffers) ❑ Conditional Use Permit ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Variance or Appeal ® 15.2-2232 Request My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or ;`� modified. � vi E In witness there , I e have heret set m our hand and seal this �n S_.'..., i Y (our) � day o>i/ V I00 i � � � :�,e��A`Tjji''•, Signature(s) 71 State of Virginia, City/County of - To -wit: a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) 14010' .,'. signed to4k foregoing instrument and who I (are) known to me, personally appeared before me and has frj ackn ledgetf the same before me in the jurisdiction aforesaid this _M_ day of , 200 _. ( My Commission Expires: u( _ ,Rotary- c Registration #: 4C—7U44-9 Revised 3/17/08 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Facsimile 540-665-6345 Phone 540-665-5651 Know All Men By These Presents: That I (We) (Name) Silver Lake, LLC (Phone) (540) 662-7215 (Address) 13 South Loudoun Street Winchester. VA 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No, Contract Purchase of CountyApproved Parcel Identified Below on Page , and is described as Parcel: 52 Lot: 47A Block: Section: A Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering, Inc. (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane, Winchester, VA 22602 To act as my true and ]awful attorney-in-fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ❑ Rezoning (Including proffers) ❑ Conditional Use Permit ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision Site Plan ❑ Variance or Appeal Z 15.2-2232 Request My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or Q� E modifie In witness thereof, I (we) have hereto set my (our hand and seal this day of, 208,��'�4'��•��';.V Signature(s) State of Virginia, City/County ofTo-wit: a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who si,,, / signed to & foregoing instrument and who I (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this day of K L�i+ 200 1 My Commission Expires: t Zvl N ry P;A1i Registration #: !� Revised 3/17/08 FINAL PLAT FOR MINOR RURAL SUBDIVISION OF A PORTION OF THE LAND OF ROBERT N. CARPENTER AND LYNDA G. CARPENTER, TRUSTEES OF THE CARFE9TER FA MIL Y LAND MUST GA/NESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA AUGUST 26, 2010 REVISED: DECEMBER 2, 2010 40 Rp° . PARENT.-:::: . T.M. 52-A-47 <"' Round Hill ...... S/7 S,Fhy ° 6 <pne g.� ..-----•-� o �,�ro °� r°J5e o G v S x• ov a_0 o Northwestern Pike 8o \ a Round/Hm o_ US Rt. wlw R°ar°°a °d VICINITY MAP 1- = 2,000' ORWER S CERTIFICATE THE ABOVE AND FOREGOING SUBDIVISION OF A PORTION OF THE LAND OF ROBERT N. CARPENTER AND LYNDA C. CARPENTER, TRUSTEES OF THE CARPENTER FAMILY LAND TRUST, AS APPEARS ON THE ACCOMPANY/NG PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH ff DESIRES OF THE UNDERSIGNED OWNERS, P PRIETORS, A TRUSTEES, IFA Y. zm' COMMONWEALTH OF VIRGINrIA- `-Q�`�p�C /r�2�'�s� y\��ti►iiiit�� CITY / COUNTY OF KFC TO WIT. THE FOREGOING OWNERS CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS i 7 DAY OF Nk A -Li 20AI BY L IA DA i d s S ......,. MY COMMISSION EXPIRES 20.3 REGISTRATION No.�Le� Cni1 `a� Y PUBLIC �- SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVISION IS A PORTION OF THE LAND CONVEYED TO ROBERT N CARPENTER AND LYNDA C. CARPENTER, TRUSTEES OF THE CARPENTER FAMILY LAND TRUST, BY DEED DATED NOVEMBER 2, 2007 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERKS OFFICE AS INSTRUMENT No. 070017603. '8<- a— RICHARD A. EDENS, L.S. NOTE: PARENT TAX PARCEL IDENTIFICATION T.M. 52-A-47 156.670 ACRES± ZONE. RA APPROVALS.• EDERICK COUNTY HEALTH DEPARTMENT Vl Gll'1/A DEWENT O F TR4NSPO TA7JON ' EDERICK COUNTY SUBDIVISION ADMINISTRATOR USE RESIDENTIAL/AGRICULTURAL A E �- HIa0T (uCNICHARD " A. EDENS DATE No. 2550 G-NEENl+ AY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX- (540) 722-9528 Founded in 1971 www.greenwayeng.com ,�-2. �n 0 SURV�� 4 4928S SHEET 1 OF 4 1 \O ��R 000 ERJP 52 -PSE 1'�c�B �N(1P- �,Sj11�G G�/ ��.' � p? � gR0S 0 R O S M IARG 510 E // ' 10 S i GAP GQ S 0 G. V RESP 26 pG� RaER 31P PER tic�� 6 s �SE�cg IRS150 -- --� 6� 1p 0 G 52,P' RZOt1E P � 0 %N?�22�5 --- �_N 80'19'49" E SKYVIEW LANE 20' R/W (PR/1/ATE) - 157.73 SEE DB 156 PG 62 -- & DB 528 PG 384_--' \0 IRS SIRS BRL moo 60 52.74' — f `�-- N 5749'14 W - . - ---- . ---- 115.50' 50' EASEMENT / GATE p �l FOR INGRESS I II U 2� I i AND EGRESS SEE DETAIL I i 1 SHEET 3 Z ; NEW TAX m I PARCEL I I j2- -47A s N 5.0050 ACRES a o O `I Dii-ij Niro W I I PW F'�i�uoroco'nQ ►7 PDF j W ti iii O I Off• ^/ 4�iC�Z�� CQ NIFS Q m4i� J �4N�4O I I 50' BRL I to I N 36'40'43' E NO SEE SHEEI- 4 FOR`66.95 TO IRF NOTES, LEGEND, UNE DATA, CURVE 4e F- DATA AND AREA �'I ml I I S 36"40 43 W - 3 11. 50 IRS TABULA770N. I I T.M. 52-A-46 100 0 100 I j I j 1.1 --POORHOUSE 222± TO RD. LAUR4 C. CAMPBELL (FORMERLY LAURA C. BURLEY) DB 861 PG 737 GRAPHIC SCALE (IN FEET) j j i RTE. 654 ZONE. RA USE. RESIDENTIAL 2.00 ACRES± FINAL PLAT FOR M/NOR RURAL 0110M ISION I REVISED: DE OF A PORTION OF THE LAND OF ROBERT Al CARPENTER AND L YNDA C. CARPENTER, TRUSTEES OF THE CARPENTER FA MIL Y LAND TRUST GIINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE. 1" = 1100' 1 DATE.- AUGUST 26, 2�0c 10 �yGREENWAY ENGI E I mfg mc. i�151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founded in 1971 www.greenwayeng.com 2, 2010 rNI,TH OFN �g RICHARD A. EDENS LIc. No. 2550 SUR I -d() 4928S SHEET 2 OF 4 SUBD 10-02 RESIDUE OF T.M. 52-A-47 ® �X// ROBERT N. CARPENTER & LYNDA C. CARPENTER,TRUSTEES OF THE CARPENTER FAMILY LAND TRUST1DO� INST.No. 070017603�P� / / / ZONE' RA USE.- RESIDENTTAL AGRICULTURAL 151.665 ACRESt REMAIN/NG (BY SUBTRACTION) GR�1 �� Q 0�5 /Nt / N 80'19'49' E J Q6� G 157 73' / o /RS N / G' �• / HATCHED ARE4 DENOTES A VARIABLE WIDTH 25'� SIGHT DISTANCE l l" EASEMENT HEREBY e DOT -SHADED ARE4DENOTES `. ., LB�I DEDICATED TO A 50' PRIVATE EASEMENT FOR \ .. . \ / FREDERICK COUNTY. INGRESS AND EGRESSHEREBY >> �L6 (� / ESTABLISHED FOR THE BENEFIT OF NEW TAX PARCEL 52 -A -47A. NZ., - 1 0.74 MILE± TO I NORTHWESTERN � HATCHED AREA DENOTES N � PIKE ROUTE 50 U.S A VARIABLE WIDTH I SIGHT DISTANCE U = W EASEMENT HEREBY O `� j� DEDICATED TO I FREDERICK COUNTY. l @ ��`' ,, Z W h RESIDUE OF T.M. 52-A-47 � ROBERT N. CARPENTER & LYNDA C. CARPENTER, TRUSTEES OF THE CARPENTER FAMILY LAND TRUST e o INST. No. 07DD17603 t, Ce- Q o W ZONE. RA o USE: RESIDENTIAL/AGRICULTURAL 151.665 ACRESI REMAINING l / o 2 (BY S06TRACRON) ) / W � X20 C -IRS T.M. 52-A-46100 100 0 100 LAURA C. CAMPBELL (FORMERLY / LAURA C. BURLEY) GRAPHIC SCALE DB 861 PG 737 / (IN FEET) ZONE. R4 USE. RESID- NOTE 2.00 ACRES± SEE SHEET 4 FOR LINE DATA, CURVE DATA, i LEGEND, NOTES AND AREA TABULATION. FINAL PLAT FOR MINOR RURAL SUBDIVISION REVISED: DECEMBER 2, 2010 OF A PORAON OF THE LAND OFt4'x, ROBERT N CARPENTER AND L YNDA C CARPENTER, �p,LTH �� P TRUSTEES OF THE CARPENTER FA MIL Y LAND TRUST GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA RICHARD A. EDENS SCALE 1" = 100' DATE AUGUST 26, 2010 Lic. No. 2550 GR.EENWA ENGINEERING, rric. z-� 151 Windy Hill Lane - Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185m`* FAX: (540) 722-9528 4928S SHEET 3 OF 4 Founded in 1971 www.gTeenwayeng.corn clinn in-nq LINE DATA LINE BEARING DISTANCE L1 N 524834" E 113.12' L2 S 89'22 02" E 28.65' L3 S 45'06'31 ' E 206.63' L4 S 42'29'01" E 137.77' L5 N 475936" W 343.04' 1-6 N 19'0752' W 53.82' LINE DATA L7 S 45'06'31 " E 46.73' L8 N 45'06'31 ' W 4.05' L9 N 374527' W 75.44' L10 N 24'53'20' W 80.65' L11 N 14'57 31 ' W 96.21' L12 N 09'J749" W 163 32' L13 S 19'07'52" E 412.4 1 ' CURVE DATA CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT I CHORD BEARING CHORD LENGTH C1 J4'00'56' 150.00' 89.05' 45.88' N 3548'06" E 87.75' C2 374924" 150.00' 99.02' 51.39' N 71'43'16' E 97.23' C3 465756" 150.00' 122.96' 65.17' N 6709'00' E 119.54' AEFp TABULATION T.M. 52-A-4 EXISTING AREA OF T.M. 52-A-47 (PER DB 858 PG 175) = 156.670 ACRES± LESS NEW TAX PARCEL 52 -A -47A (BY CURRENT SURVEY) = - 5.0050 ACRES RESIDUE OF TAX PARCEL 52-A-47 = 151.665 ACRES± (BY SUBTRACTION) GEND BRL = BUILDING RESTRICTION LINE PER ZONING ORDINANCE IRF = 1/2' IRON REBAR FOUND IRS = 1/2' IRON REBAR & CAP SET PDF = PROPOSED DRAINFIELD SITE PW = PROPOSED WELL SITE -NOTES RSF = RAILROAD SPIKE FOUND 1. 7HE BOUNDARY INFORMATION SHOWN ON THiS PLAT IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. 2. NO T17LE REPORT FURNISHED. EASEMENTS MAY EX15T WHICH ARE NOT SHOWN. 3. THE PROPERTY SHOWN HEREON UES EN77RELY WITHIN FLOOD ZONE X, AREAS DETERMINED TO BE OUTSIDE THE 02% ANNUAL CHANCE FLOODPLAIN, PER NF.I.P. FLOOD INSURANCE RATE MAP No. 51069CO205D, DATED SEP7EMBER 2, 2009. IngressfEgress Easement Note: The proposed private driveway/road shown hereon is not built according to street specifications of and will not be maintained by, the Virginia Department of Transportation or Frederick County. The improvement and maintenance of said driveway/road shall be the sole responsibility of the owners of lots which are provided with access via the driveway/ road. Said driveway/roads will not be considered for inclusion into the state secondary system until they meet the applicable construction standards of the Virginia Department of Transportation. The cost of bringing said drivewaylroad to acceptable standards shall not be borne by the Virginia Department of Transportation nor by Frederick County. Health De_nartment Note: This subdivision is approved for individual onsite sewage systems in accordance with the provisions of the Code of Virginia, and the Sewage Handling and Disposal Regulations (12 VAC 5-610-10 et seq., the "Regulations), (and local ordinances if the locality has authorized the local health department to accept private evaluations for compliance with local ordinances). This subdivision was submitted to the Health Department for review pursuant to §32.1-163.5 of the Code of Virginia which requires the Health Department to accept private soil evaluations and designs from an Authorized Onsite Soil Evaluator (AOSE) or a Professional Engineer working in consultation with an AOSE for residential development. The Department is not required to perform a field check of such evaluations. This subdivision was certified as beingin compliance with the Board of Health's regulations by: Barry R. Hadley, AOSE #1940000096 540-662-4185). This subdivision approval is issued in reliance upon that certification. Pursuant to §360 of the Regulations this approval is not an assurance that Sewage Disposal System Construction Permits will be issued for any lot in the subdivision unless that lot is specifically identified as having an approved site for an onsite sewage disposal system, and unless all conditions and circumstances are present at the time of application for a permit as are present at the time of this approval. This subdivision may contain lots that do not have approved sites for onsite sewage systems. This subdivision approval is issued in reliance upon the certification that approved lots are suitable for "traditional systems,' however actual system designs may be different at the time construction permits are issued. FINAL PLAT FOR MINOR RURAL SUBDIVISION REVISED: DECE BER 2, 2010 OF A PORTION OF THE LAND OF ^�j. NI,TH OF ROBERT N CARPENTER AND L YNDA O CARPENTER, r TRUSTEES OF THE CARPENTER FA MIL Y LAND TRUST GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA f� RICHARD A. EDENS a; SCALE NIA DATE. AUGUST 26, 2010 � Lic. No. 2550 GI EENWAY ENG- 1NEER1I1yes �I' 1�7C.N �� re�. �y 151 Windy Hill Lane Engineers Winchester, Virginia 22602 STTVWER. 4 Surveyors Telephone: (540) 662-4185!x►* _ FAX.- (540) 722-9528 49285 SHEET 4 OF 4 Founded in 1971 www.greenwayeng.com SUBD 10-02 • C� CONDITIONAL USE PERMIT 905-11 coG� AT&T MOBILITY AND WILLIS WOLFE Staff Report for the Planning Commission w Prepared: May 25, 2011 Staff Contact: Mark R. Cheran, Zoning Administrator I]3F 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 request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 06/15/10 Pending Board of Supervisors: 07/27/10 Pending EXECUTIVE Si71VI1 AR-iV: This is a request for a Conditional Use Permit to enable the construction of a 170 -foot monopole commercial telecommunication facility with a 50 foot by 50 foot equipment compound. Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. A minor site plan shall be approved by Frederick County. 4. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. 5. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. 6. Any expansion or modification of this use will require a new Conditional Use Permit. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. Page 2 Conditional Use Permit #05-11 AT&T Mobility and Willis Wolfe May 25, 2011 LOCATION: This property is located at 575 Glengary Road. MAGISTERIAL DISTRICT: T: Gainesboro PROPERTY ID NUMBER: 13-A-72 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) Land Use: Residential Land Use: Vacant Land Use: Vacant Land Use: Vacant PROPOSED USE: This application is for a 170 -foot monopole commercial telecommunications facility with a 50 foot by 50 foot equipment compound. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for site plan for this property appears to have little measurable impact on Route 681, the VDOT facility which would provide access to the property. We offer the following comments: A low volume commercial entrance design is acceptable. Sight distance requirements will need to be verified upon completion of construction for acceptance. A land use permit will need to be applied for and issued to cover said work. The permit is issued by this office and requires a fee and surety bond coverage. Eire and Rescue: Plan approval recommended. Inspections Department: Structure shall comply with The Virginia Uniform Statewide Building Code and Section 312, use group U (Utility and Miscellaneous) of The International Building Code 2006. The structure is required to comply with Chap 15 & 16 of the IBC 2006 for structural load, as well as Section 3108 for Towers. The new 120' tower shall be located and equipped with step bolts and ladders so as to provide ready access for inspection purposes. The Page 3 Conditional Use Permit #05-11 AT&T Mobility and Willis Wolfe May 25, 2011 tower shall not cross or encroach upon any street or other public space, or encroach upon any privately owned property without written consent of the owner of the encroached -upon property. (See 3108.2, Location and Access.) Special instructions per Chap 17 IBC 2006 apply to this structure. Plans submitted for review shall be sealed by a Virginia Registered Design Professional. Construction of Pre Engineered 11 x 20 shelter requires a building permit. Plans submitted shall be sealed by a Virginia Registered Design Professional Relocation/additional (future) antennas require a building permit. Fencing greater than 6' in height requires a building permit. Frederick County Sanitation Authority: The Sanitation Authority does not serve this area. Winchester -Frederick County Health Department: Health Department has no objections to the above stated request so long as no existing or proposed drainfields or wells are negatively impacted. Winchester Regional Airport: Due to the elevation of the site at 928.8' and the proposed structure height of 174', the proposed tower penetrates the Horizontal Surface Elevation of 876' of the Part 77 surfaces of the Winchester Airport. The applicant needs to submit to the Federal Aviation Administration Form 7460-1 Notice of Proposed Construction of Alteration for review and comment by that agency. Please notify this office upon receipt from the FAA of the case study number assigned to the project and forward a copy for record of the final determination. Towers over 200 feet AGL are required by FAA to be lighted. For towers between 150 and 199 feet AGI., the Winchester Regional Airport requests all structures be marked and lighted on the top of the tower based on the following specifications: Dual L-810 Steady Burning Double Red Obstruction Lights as defined by FAA Advisory Circular AC70/7460-1K Change 2, Chapter 5, Section 53. 1 am requesting as a condition of approval of the CUP this request be included as a requirements. The tower and aircraft warning lighting shall be registered with the FAA and approved prior to installation. Planning and Zoning: The 2007 Comprehensive Policy Plan of Frederick County ("Comprehensive Plan") provides guidance when considering any land use actions. This proposed 170 foot monopole -type commercial telecommunication facility is located on property identified within the Comprehensive Plan to remain rural and is not part of any land study. The properties immediately adjacent to this proposed CUP are currently zoned RA (Rural Areas) Zoning District. The applicant has applied for a Conditional Use Permit for a 170 foot monopole -type commercial telecommunications facility on a one hundred and three (103) acre property, with the nearest dwelling(s) being more than 200 feet from this facility. The Frederick County Zoning Ordinance allows for commercial telecommunication facilities in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). The zoning ordinance requires that all proposed telecommunication facilities may be subject to Page 4 Conditional Use Perinit #05-11 AT&T Mobility and Willis Wolfe May 25, 2011 additional performance standards in order to promote orderly economic development and mitigate the negative impacts to adjoining properties, residential properties, land use patterns, scenic areas and properties of significant historic values. There are no properties of significant historical value or any historical sites adjacent to this proposed use. Furthermore, the Frederick County Zoning Ordinance requires an applicant to provide confirmation that an attempt was made to collocate on an existing telecommunication facility; and possible co -location structures. 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. 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. STAFF CONCLUSIONS FOR THE 06/15/10 PLANNING COMMISSION MEETING: This is a request to seek approval for the construction of a 170 -foot monopole commercial telecommunication tower. Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. A minor site plan shall be approved by Frederick County. 4. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. 5. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. 6. Any expansion or modification of this use will require a new Conditional Use Permit. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. cup # 05- 11 A Willis Wolfe r1.113 - 6 `:; ` ® BERKELEY COUNTY (1 ! 0` telecom fachIt k q' ,C , WESTVIRGINIA Apf { 4b r y< lower ' pwer U {� Location i � 4 try l'•�% �r��. 40 F A :x Parcels 4pplication Note CUP # 05- 11 Frederick County Dept of Planning & Development AT&T, Willis Wolfe 107 N Kent St PIN # 13-A-72 Suite 202 Winchester, VA 22601 (170' telecom facility) 540-665-5651 Map Created: May 03, 2011 0 125 250 500 Feet ��Tl� Staff: mcheran Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The Applicant is owner x other) NAME: AT&T Mobility ADDRESS: c/o Tracy Anderson Donohue & Stearns, PLLC 801 N. Fairfax St. Suite 209 Alexandria, Virginia 22314 TELEPHONE: (703) 549-1123 Ext. *104 2. Please list all owners, occupants (adult individuals as well as any entities occupying the property), or parties in the interest of the property: Willis R. Wolfe Lorene Wolfe 3. The property is located at: 575 Glengary Road Winchester, Virginia 22603 4. The property has a road frontage of 720'-6" to Glengary Road to the SE and 331'-8" to Glengary Road to the NE and a depth of 2299'-2" (NW to SE) and 1649'-7" (SW to NE) and consists of 103.48 acres. 5. The property is owned by Mr. Willis R. Wolfe as evidenced by deed from C.R. Wolfe and Cora E. Wolfe on February 28, 1946 recorded in deed book no. 195 on page 199, as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. Tax (Parcel) Identification (I.D.) No. 13-A-72 Magisterial District: Gainesboro District Current Zoning: RA 7. Adjoining Property: USE ZONING North RA East RA South RA West RA 8. The type of use proposed is that of an unmanned telecommunications facility consisting of twelve (12) sector antennas mounted on a proposed 170' tower (with 4' lightning rod)with a 50' x 50' equipment compound to be located at the base of the tower. 9. It is proposed that the following buildings will be constructed: The only structures proposed to be erected on the property are: a. The above-described 174' tower with twelve (12) panel antennas mounted on a 12' platform with handrails at a rad center of 170' b. A 2500 ft.' (50' x 50') equipment compound surrounded by a chain link fence and additional 56' x 56' 5 -strand barbed wire cattle fence c. AT&T equipment shelter on an 11'-5" x 20" concrete pad with the compound d. Ice bridge 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front (across street from) the property where the requested use will be conducted. These people will be notified by mail of this application. NAME ADDRESS PROPERTY ID # Ruthe E. Wolfe & Alma 5727 5th Road S. 13 -A -70A J. Wolfe Arlington, Virginia 22204 James K. Hutzler 1774 Winchester Avenue, Suite 1 13-A-28 Martinsburg, West Virginia 25405 Faye J. Latta 777 Glengary Road 14-A-1 Winchester, Virginia 22603 Thomas W. Anderson 770 Glengary Road 14 -A -1A Winchester, Virginia 22603 Willis R. Wolfe 575 Glengary Road 13-A-73 Winchester, Virginia 22603 Nancy Marzoli 291 Kenny Lane 13-A-71 Winchester, Virginia 22602 Virgil & Beverly 181 Shockeysville Road 14 -A -2A Dorsey Winchester, Virginia 22603 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. Please see Attachment 1. 12. Addieional comments. if any: CAA MlwT Z I (we). the undersigned, do hereby respectfiilly male application and petition the governing body of Frederick County; Virginia. to allow the use described. in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintain -ed so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional LTse Permit authorizes any member ofthe l"rederick County Planning Commission. Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant • Signature of Owner LU Owners' Mailing Address Gt • L'/U ! (,�(�1 C 3 , \1 A- 2 !9 v � Owners' Telephone No. TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: c Q Special Limited Power of Attorney ` County of Frederick, Virginia Frederick Planning Web Site: www.co.fredcrick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6345 Know A4 Men By'I'ltose Present: Theft I (We) (Name) W ` 0 1 �_2 • W o L'f (Phone) S ��-88 $_' 33 8 _� (Address) _ 61t N y4Ki e kto c%+L T c V A ' Z 'la'b 3 the owner(s) of all those tracts or parcels of land (' Property") conveyed to the (us), by deed recorded in the Clerk's Office ohthe Circuit Court of the County of Frederick, Virginia, by ✓ f Instrument No. j S on Page i 7 1 , and is described as Parcel: _ Lot: T2 Block: fit- _,_ Section: Subdivision: do hereby make, constitute and appoint: (Name) Q W A*0 i" '� OJ` -1 OrW C (Phone) 703, sT t -572 on— �'!�> p (Address) 7'o act as niy trite and lawful attorney -in act for and in my ( r) name, place, and stead with full power and authority t (we) would have if acting personally to file planning applications for my (our) above described Property, including: ❑ Rezoning (including proffers) L# Conditional Use Permits 0 Master Development Plan (Preliminary and Final) ❑ Subdivision a Site Plan My attorney-in-fact shall have the authority to offer proffered conditions and to make amendinents to previously approved proffered conditions except as follows: This authorization shall expire one year 8•om the clay it is signed, or until it is otherwise rescinded or inodified. rh In witness thereof, 1 (we) have hereto set my (our) hand and seal this day of'i51 20, Signature(s) �� •�-'� � Lir '� date of City/Co_MMy Cir l�"n-'o i,a-"__ ,—vAA� a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally -appeared 4efore me and I17 n wledged the Baine before nie in the jurisdiction afoi-esaicl this 2�day of l"s �o� 0 . My Commission Expires: 2 Zt% I / q Notal'yiY'iiblic WarARY FUv-W IMMMAND ' Can %Y#W.�,� ��scaca 3.3.26.20m Landowner Affidavit As per Section 165-204.19B(7) of the Frederick County Zoning Code, the undersigned, Willis R. Wolfe, owner of the parcel at 575 Glengary Road, Winchester, VA, hereby acknowledges that he may be held responsible for the removal of the commercial telecommunications facility proposed on the site. Willis R. Wolfe, owner STATE OF VIRGINIA COUNTY OF LIC 1, �-K Date The foregoing instrument was acknowledged before me this (date) by „v , fC� LMICHAEL JONATHAN KNOTTS Notary Public Notary Public onwealth of Virginia 331634 Printed Name: ' n sion Expires Jan 31:, 2012 My Commission Expires: z4 STATEMENT OF JUSTIFICATION [To supplement Item No. 12 (additional comments) on the Conditional Use Permit Application] The Applicant, New Cingular Wireless PCS, LLC dba AT&T Mobility ("AT&T"), is licensed by the Federal Communications Commission ("FCC") to provide state-of-the-art wireless communications services within Frederick County, Virginia. Applicant seeks a Conditional Use Permit ("CUP") pursuant to §§165-103.01-165-103.08 of the Frederick County Zoning Ordinance ("Zoning Ordinance") for a wireless communication facility ("WCF") to be comprised of twelve (12) antennas mounted at a centerline height of one hundred and seventy feet (170') above ground level ("AGL") on a new one hundred and seventy foot ("170"')monopole (17, including lightning rod). The facility is proposed to be located on Tax Map Parcel No. 12-A-72, 575 Glengary Road, Winchester, Virginia 22603. The proposal will also include the installation of all' -5'x20' ancillary equipment shelter and required utility connections near the base of the monopole. The entire 50'x50' compound will be surrounded by an eight -foot high (8') chain link fence and five-foot high (5') cattle fence. Access to the facility will be from Glengary Road, an existing road and will require the proposed twenty -foot wide (20') gravel access road to be approximately seventy-five feet (750') in length. COMPLIANCE WITH ZONING ORDINANCE The subject parcel is located within the Rural Areas ("RA") District. Section 165-204.19 of the Zoning Ordinance deals with the siting of telecommunications facilities and their consideration for installation in RA districts through the conditional use permit/public hearing process. AT&T's CUP application is in compliance with the requirements for submission noted in §165- 204.19(A)(1)-(4) and the standards set forth in §165-204.19(B)(1)-(7). Site plans of the proposal have been included pursuant to §165-103.06 of the Zoning Ordinance. The minimum lot area in the RA district is two (2) acres per §165-401.05 of the Zoning Ordinance. The parcel on which the proposed WCF would be sited ("subject parcel") is 103.48 acres, and because the WCF will be located in a leased area, the lot size of the subject parcel is not proposed to change with this project. Therefore, lot size remains satisfied. The only state road adjacent to the subject parcel is Glengary Road. Section 165-401.07(A)(1) requires a setback of at least sixty feet (60') from the edge of the right-of-way of a secondary road. As shown on Sheet A-0 of the site plans included with this application, the proposed improvements will be located approximately three hundred and thirty-one (331') from Glengary Road. Parcels in the RA district must have side and rear yards of at least fifty feet (50') (if adjoining parcel is six (6) acres or less) or one hundred feet (100') (if adjoining parcel is more than six (6) acres). In this case, the improvements will comply because they will be located 1578'-8", 1317-11", and 720'-6" from the side and rear property lines. Section 165- 401.08(A)(1)(c) mandates that lots fronting on existing state roads have a setback of two hundred and fifty feet (250') at the front setback line. Here, there is a setback of 331.6'. AT&T will comply with all applicable federal regulations regarding interference and electro- magnetic radiation. The objective of this site is to provide coverage east of Glengary Road (State Highway 690) near Shockeysville Road, south of State Highway 45, west of Apple Ridge Road and north of State Highway 127 and to enhance coverage around Little Mountain and the surrounding areas. The proposed site will provide coverage in an area not currently served by AT&T. Please see the attached propagation maps showing anticipated coverage from the proposed facility.There are no existing structures of sufficient height adjacent to the site, and therefore a new tower is required to provide adequate service in the area. In cases where visibility is a concern, a monopole design is typically used instead of a lattice or guyed tower. In this case, the use of a monopole will lessen the visual impact. The Winchester Regional Airport is requesting that the top of the monopole be marked and lighted. If the Board requires the tower to be lit as a condition of approval, then AT&T is proposing the installation of a lighting shield which will minimize the visual impact of the lights to the surrounding area. An overall pole height of 176' AGL is necessary for radio frequency ("RF") propagation to sufficiently address the need in this area. The predicted coverage assumes a 12 -antenna array mounted at 170' AGL. Flush -mounted antennas are not appropriate in this case because this site is designed to provide coverage to an area not currently served by AT&T and because the use of flush -mounted antennas would require four (4) centerline heights (with three (3) antennas each) in order to achieve the 12 -antenna design that the RF engineer has called for. The use of four (4) flush -mounted arrays at different heights would result in compromised coverage because antennas mounted at lower heights would not propagate as far. Additionally, deploying four (4) flush -mounted arrays for one carrier would unnecessarily eliminate the availability of two (2) rad centers for future collocators and make the remaining available heights less attractive. This would have the effect of discouraging collocation and would run contrary to the intent of both the Zoning Ordinance and the Comprehensive Plan. In compliance with § 86-484.2(5) and as shown on Sheet A-1 of the enclosed plans, the proposed monopole will be designed to accommodate a total of three additional carriers. Grading will be limited to the area necessary to construct the WCF and its access road connecting to Glengary Road. No painting or staining is proposed, other than that which may be required to meet the suggestion of the Winchester Regional Airport. When searching for possible sites to satisfy their RF objectives in a particular search area, AT&T first looks for existing structures which might be able to accommodate their antennas and equipment without the need for building a new support structure. In this case, the search area is generally northwest of Glengary Road, along the border between Virginia and West Virginia. Aside from existing residences and agricultural buildings, there were no other structures that were adequate for providing coverage. The search did not reveal any existing WCFs in the area that could provide opportunity for collocation or mitigation, as the nearest existing WCF is over four (4) miles away, west of the proposed site, near the intersection of Route 522 and Chapel Hill Road. CONSISTENCY WITH THE COMPREHENSIVE PLAN The 2007 Comprehensive Plan states, "[c]ertain types of business and industrial uses may be located at scattered rural locations if safe access is available, and if adverse impacts on surrounding areas and the rural environment can be avoided." AT&T is committed to providing better coverage to the growing number of subscribers in this area and doing so with minimal impact to the surrounding community. Exi,sti.ng,ATT CAVA rage and{ orr rage frQrn, propos .edi side `` H;D :KE'Y ' ILLE" r i, I ,E t i• , }, i , �7 1 n Y 711 6 ' , cry BEA GARDEN, '` ARCOtAx �- rl . r ` � t N' 6 �f6 E ~ f .@ SHfICKEYSVILLEJ r` r j! E pip ], • .ln lam- s O D G my Hwy '15 H t <3... , E,.. ty ' U 74\0, enir� a� R,�,� SS JU%fCTI tit b P i 4�,k , R- t i r + c3 . , CODA ILL WILD ACRE � ATT_Onair_sites `fats Hw $g c Proposed Candidate Coverage yy `' Existing Candidate Coverage �# GAIN: SBt]R Proposed Site Location _ ropMetzry. & C0n !denti znd Authorized Cilems 6,n " SCOPE OF WORK. SITE ADDRESS: LATNUDE: LONGITUDE: GROUND ELEVATION: JURISDICTION: PROPOSED USE: PROPERTY OWNER: NAME OF APPUCANT: UTILITIES POWER: TELCO: PROPOSED (12) SECTOR ANTENNAS MOUNTED ON A PROPOSED TOWER. EOUIPMENT SHELTER WILL BE LOCATED AT THE BASE OF THE TOWER ON A SLAB. SITE IS AN UNMANNED TELECOMMUNICATIONS FACILNY. 575 GLENGARRY RD WINCHESTER, VA 22603 N 39. 22' 23.071' W 18' 12 35.034 928.8' AMSL FREDERICK COUNTY TELECOMMUNICATIONS FACILITY WOLFE WI'US R AT&T MOBILITY ALLEGHENY (800) 255-3443 VER20N (BOD) 483-5000 at&t, SHOCKEYSVILLE_WOLFE PARCEL 10134863_4037 VICINITY MAP APPLICABLE BUILDING CODES AND STANDARDS DRAWING INDEX rtty DIRECTION: T-) TITLE SHEET 2 FROlA 7150 STANDARD DR, HANOVER, MO 21076 HFAD SOUTHWEST ON STANDARD DR TOWARD PARKWAY OR OA MI. TURN LEFT pT COCA COLA DR 0.3 MI. MERGE ONTO MD -IOD W SUBCONTRACTOR'S WORN SHALL COMPLY WITH ALL APPLICABLE NATIONAL, SLATE, AND LOCAL CODES AS ADOPTED STA BY THE LOCAL AUTHORITY HAVING JURISDICTION (AHJ) FOR THE LOCATION. THE EDITION OF THE AW ADOPTED CODES AND STANDARDS IN EFFECT PARKWAY DR 75 FT. TAKE THE IST RIGHT ONTO PARK CIR DR 0.4 MI. TURN LEFT AT ON THE DATE OF CONTRACT AWARD SHALL GOVERN THE DESIGN. VIA THE RAMP TO ELLICOTT CITY 7.3 MI. EXIT ONTO US -29 N/COLUMBIA PIKE TOWARD 1-70 3.3 MI. MERGE ONTO 1-70 W VIA THE RAMP TO FREDERICK 61.1 MI. TAKE EXIT 2fi TOWARD ROANONE 0.9 M1. MERGE ONTO 1-81 S. ENTERING WEST VIRGINIA 17.3 MI. TAKE EXIT 12 SITE PLAN 2 FOR W VIRGINIA 45 TOWARD W VIRGINIA9/WINCHESTER AVE/CRARIES TOWN 0.3 MI. TURN RIGHT AT W VIRGINIA 45 W 3.6 MI, TURN RIGHT FT. TAKE THE IST LEFT TD STAY ON_ BUILDING CODE: A -Q AT W VIRGINIA 45 WJAADEN NOLLVILLE RD 0.1 MI. TAME THE IST LEFT ONTO W VIRGINIA 45 W 4}} IMERNAlIONAI BUILDING CODE (IBC 2006) A-1 COMPOUND PLAN & ELEVATION 2 W VIRGINIA 45 W 10.5 MI. CONTINUE ONTO GLENGARY RD/STATE ROUTE 631. ENTERING VIRGINIA 0.3 ML SITE WILL BE ON YOUR RIGH A-2 SHELTER DETAILS 2 COOS: ATIONAL ELECiftICA1 CODE (NEC 2008 NATIONAL ) A-3 SHELTER DETAILS 2 SUBCONTRACTOR'S WORN SHALL COMPLY WRIT THE LATEST EDITION OF THE FOLLOWING STANDARDS. A-4 SIGHT DISTANCES 2 AMERICAN CONCRETE INSTITUTE (ACI) 318, BUILDING CODE REQUIREMENTS FOR STRUCTURAL CONCRETE I A -S ACCESS ENTRANCE R.. FENCE 2 _ AMERICAN INSTITUTE OF STEEL CONSTRUCTION (AJSC), MANUAL OF STEEL CONSTRUCTION, ASD, NINTH EDITION TELECOMMUNICATIONS INDUSTRY ASSOCIATION (TIA) 222-F, STRUCTURAL STANDARDS FOR STEEL ANTENNA TOWER AND ANTENNA . - - SUPPORTING STRUCTURES: TV 607, COMMERCIAL. BUILDING GROUNDING AND BONDING REQUIREMENTS FOR TELECOMMUNICATIONS ? ' J - INSTITUTE FOR ELECTRICAL AND ELECTRONICS ENGINEERS (IEEE) 81, GUIDE FOR MEASURING EARTH RESISTW[TY, GROUND IMPEDANCE, jt AND EARTH SURFACE POTENTIALS OF A GROUND SYSTEM /J IEEE 1100 (1999) RECOMMENDED PRACTICE FOR POWERING AN) GROUNDING OF ELECTRONIC EQUIPMENT IEEE C62A I, RECOMMENDED PRACTICES ON SURGE VOLTAGES IN LOW VOLTAGE AC POWER CIRCUITS (FOR LOCATION CATEGORY 'C3' AND 'HIGH SYSTEM EXPOSURE -r�l- TELCORDIA GR -1275, GENERAL INSTALLATION REQUIREMENTS rJ TELCOROIA GR -1503, COAXIAL CABLE CONNECTIONS `n � J ANSI T7.3I1, FOR TELECOM - DC POWER SYSTEMS -TELECOM, ENVIRONMENTAL PROTECTION n _ SITE 5 �� FOR ANY CONFLICTS BETWEEN SECTIONS OF LISTED CODES AND STANDARDS REGARDING MATERIAL, METHODS OF CONSTRUCTION, OR o OTHER REQUIREMENTS, THE MOST RESTRICTIVE REQUIREMENT SHAH GOVERN. WHERE THERE IS CONFLICT BETWEEN A GENERAL REQUIREMENT AND A SPECIFIC REQUIREMENT, THE SPECIFIC REQUIREMENT SHALL GOVERN. r; o �� 7 o NOTE: MAGNETIC DECLINATION - 10' 8'W CHANGING > BY D' i'W PER YEAR AS OF 07/12/10 ,�� iJ AT&T CONSTRUCTION'. AT&T SEE COMPANION PACKAGE FOR GENERIC DETAILS DOCUMENT # 24782 -432 -A3 -EF -00001 (LATEST REV) ➢RcmaRC� f ��° TH 0 F d AT&T COMPLIANCE: L ESTATE: SCALE: 1"=2000' . } ; HRISTOPHER D. BC ARCHfTECTS ENGINEERS s SHOCKEYSVILLE_WOLFE PARCEL 1 0<_15-,1 REVISED FINAL ZONING GMW CDM DM MORIN FALLS CHURCH, VA ' 5659 COlUN9N PIXC SUITE 101 �� 1 03-0]-11 REVISED FINAL 2DNING GMW COM 0Jb FALLS OIURDI, VA 12011-1868 10134863_4037 0 00-20-i0 FINAL ZONING GMW CDM No. 0329(34 TITLE SHEET iFt (10}) 671-600D A 07-12-10 PRF1]MINARY ZONING GMW GDM C �. 04. L6.11V b R t C h t [ C C C 5 LAX: ()0]) 6TI-61D0 575 GLENGARRY RD D. IUAKOAVD Oft Sy, Cyt DRAWING NUMBER REV WINCHESTER, VA 22603 —N . ND 11076 NO. OAIE REVISIONS BY CHK APP'p Ip N $C' NAL E SCALE IN FEET 0 250 500 1000 1500 COMPOUND PLAN SCALE; 1'=500' A-1 J TH OpTRUE NORTH11C n 3 > HRISTOPHR D. BC ARCHITECTS ENGINEERS SHOCKEYSVILLE_WOLFE PARCEL 2 01-26-i1 REVISED FlNP1 ZONING CMW CDM DM MORIN FALLS CHURCH, VA 9659 [OIOY�I PIXL SOME 101 � �� 1 03-03-11 RMSEO FlNAL ZONING JkNo. IlAb W 5 ON 77D3 67 -M 10134863_4037 D D6-2D_1D FINAL ZONING 032984 SITE PLANTES (Toi) szt-sago 3 L C h t C e C C 5 F'W' (20J) 61I- 575 GLENGARRY RD 1150 SiNIDNID DR A OZ -12-10 PRELIWNARY ZONING 1 DRAWING NUMBER REV'WINCHESTER, VA 22503 Ru+Aa,u21016 DATE RensloNs NgL 8�� C. e 91 e i [t e e E 5-••�-�� 6—n � LEGEND NEW FENCE EXIST. FENCE —X XX— SETBACK EASEMENT LEASE O)FNER'S NAHE: LATTA FAYE ✓ r , PARCEL ID NUHBER: 14 A 1 PROPERTY LINE — — / TAXAUP: 14 / DOUBLE A EXIST. CONTOUR LOT 7 �\ A 3RPA1B NEW CONTOUR `` O)YNERC NAME• ✓ARES X. ZONBV0. TYR BUILDING 'HBER-R PARCEL !D NUMBER: >3 A 28 TAXMAP: , \ TVP. ROAD DOUBI2 A A LOT, 28 ACREAGE: 146 / PROPOSED CATTLE /\J ZONING- RA / CATE AT EXISTING FENCE `s• EXISTING FENCE (TVP) / PROPOSED AT&T 170' MONOPOLE W7 4' LIGHTNING ROD PROPOSED AT&T _ 10.OI � \ 50'x50' LEASE AREA �+ NAHE: NOLFE l3/ 7 A R PARCdl ID NUHBER: 19 72 PARCEL (2500 SFJ _ TAXMAP.- 13- _ /�' DOUBLE A LOT 72 \ ACREAGE: 103.48 J�/ (\/\ ZON/NG: RA PROPOSED CATTLE �\ GATE AT ACCESS ENTRANCE PROPOSED 12' \ ACCESS ROAD PROPOSED 20' ACCESS/UT LITY EASEMENT APPROX. LOCATION ` OF EXISTING POWER SOURCE OB-NER'S NAHE: B'OLFE RUTH E. 8 ALMA PARCEL ID NUMBER: 13 A 70A ✓. TAXHAP: 13 LOCATION OF DOUBLE A TELCO. PED. LOTT, 70 ACREAGE.- 32.72 ZON/NC: RA SCALE IN FEET 0 250 500 1000 1500 COMPOUND PLAN SCALE; 1'=500' A-1 J TH OpTRUE NORTH11C n 3 > HRISTOPHR D. BC ARCHITECTS ENGINEERS SHOCKEYSVILLE_WOLFE PARCEL 2 01-26-i1 REVISED FlNP1 ZONING CMW CDM DM MORIN FALLS CHURCH, VA 9659 [OIOY�I PIXL SOME 101 � �� 1 03-03-11 RMSEO FlNAL ZONING JkNo. IlAb W 5 ON 77D3 67 -M 10134863_4037 D D6-2D_1D FINAL ZONING 032984 SITE PLANTES (Toi) szt-sago 3 L C h t C e C C 5 F'W' (20J) 61I- 575 GLENGARRY RD 1150 SiNIDNID DR A OZ -12-10 PRELIWNARY ZONING 1 DRAWING NUMBER REV'WINCHESTER, VA 22503 Ru+Aa,u21016 DATE RensloNs NgL 8�� C. e 91 e i [t e e E 5-••�-�� 6—n � Xr BC ARCHITECTS ENGINEERS MORIN r ---------_- I I�ONgL E„G~ I FUTURE CARRIER 1 1 LEASE AREA 1 25'-0• x i I x L ----- ----J PROPOSED AT&T 170' I I I MONOPOLE W/ 4' X UGHMINC flOD 1 PROPOSED Ai&T 50'r50kR' HIGN x ' I FUTURE CARRIER SECTOR 2 CNAINUNK FENCE & I LEASE AREA LEASE AREA I. I 50. FT.) X � I I L 1 J U.G. CONDUITS: 2-4- SCH. 40 PVC it't (POWER) ' 1 1-4SON. 40 PVC 16't (TELCO) --� I I FUTURE CARRIER LEASE ART A yb PROPOSED 5S'x5RAND HIGH X NON -ELECTRIFIED, STRAND DABBED WIRECATTLE FENCE (REQUESTED DY GROUND FENCE W/ MECHANICAL CONNECTORS (TYP. OF 2 PLACES) GRUB & REMOVE ALL TREES AND VEGETATION WITHIN FENCED AREA .PROVIDE 100( GEOTEXHLE FABRIC & #57 STONE WITHIN FENCE AREA 'PROPOSED AT&T SHELTER ON AN I1' -5'x20' CONC. PAD -PROPOSED AT&T (9) ANTENNAS MOUNTED ON A 12' PLATFORM W/ HANDRAILS ax 1-3/4' SCH. 40 PVC (POWER) PROPOSED VER10N MESA CABINET I- -X-X X—X X v X—�X X X� X PROPOSED AT&T 4 -GANG o PROPOSED AT&T UTILITY H -FRAME W/ 12' ACCESS GATE Y` HOF FMAN BOX ON BACK o I ( U.G. CONOUa PROPOSED AT&T 2-4' SCH. 40PVC (POWER) �I 20' ACCESS/UTILTIY 2-4' SCH. 40 PVC (TELCO) b EASEMENi� TO EXISTING URLITY SOURCES PROPOSED CATTLE GATE v I I PROPOSED AT&T 12' ACCESS ROAD 3 I 1 SCALE IN FEET — COMPOUND PLAN N 0 5 10 20 30 TRUE NUNIH SCALE: 1"=7r A-1 SHOCKEYSVILLE-WOLFE PARCEL �s EDL6M& ONE. SURE ,DI 10134863-4037 VA ate -- Fll15 CNJACN, MI -N. (7@) 611-6000 a r c h i E e c r s vAx, 11"1) 6T -6b0 575 GLENGARRY RD nsa ST"m OR WINCHESTER, VA 22603 PA#dR.. 2— _ e n e i n e e r s SCALE IN FEET D4-26-11 REVISED fP0U ZONING lcmw1cm DS- 21-11 REVISED nN ZONING CMW CDM D6-20-10 FINAL 20NING CMW CDM D7 -12 -ID PRELIMINARY ZONING CMW COF DATE REVISIONS Fn CHY OF D 160' D 150' U 140' RRIDGE LTER IITY FENCE xlti'1'urtll�g ll. BC ARCHITECTS ENGINEERS MORIN FAILS CHURCH, VA No. 032984 r COMPOUND PLAN & ELEVATION I�ONgL E„G~ _}/+. DMWINIG NUAfRER 1REV C A-3 7 �OKIA>�OK1�� 7F 7F 7I FUTURE I BTS BTS BTS NODE B " NODE 8 " LTE I CABINET I —JL ---- aL —J---- 0 �� 0 (RSV'0) %AIT N ELC: 1 R ;�fANT GB 1500 AH i c'p0-E91 t; JI BATTERY I J A A -Z AT&T EQUIPMENT SHELTER (CELLXION #SCGW46K PORT BI)%R SCALE: N.T.S. A-2. i ELEVATION 1 HRISTOPHER D. BC ARCHITECTS ENGINEERS ELEVATION e SCALE N.T.S. z Iil:I:N O FALLS. CHURCH, VA 5-11 REVISED BNAL ZONING SCALE; N.T.S. A-2 ELEVATION B HRISTOPHER D. BC ARCHITECTS ENGINEERS ELEVATION e SCALE N.T.S. z p-2 FALLS. CHURCH, VA 5-11 REVISED BNAL ZONING SCALE; N.T.S. A-2 I -TD FML z0NING GMw wM 3 SHELTER DETAILS SHOCKEYSVILLE_WOLFE PARCEL - _ 5659 O)WYBN PIXE 6YRC 101 fANS CiNRGII, YA P3DII-8666 10134863_4037 at&t sSl �G1 RL (70.1) 671-6000 IE REVISIONS IO- AS SNDWN 1DE51GNE0 C. MORW WW WW n (703) e71 -m 575 GLENGARRY RD nm nuwRY ox WINCHESTER, VA 22603 10.R0.2R, u0 ve76 ., e n g i n e e r s LTELCD ENTRY ELEVATION A SCALE: N.T.S. A-2 HRISTOPHER D. BC ARCHITECTS ENGINEERS ;-11 REASED ANAL ZONING GMW GDM cDM MORIN FALLS. CHURCH, VA 5-11 REVISED BNAL ZONING GMW COM O,ky I -TD FML z0NING GMw wM No. 032964 SHELTER DETAILS ON'Zb'11 !-10. PRELIMINARY ZONING GMW CDM C sSl �G1 /+ Bl... ORAWINC NUMOEA RCV IE REVISIONS IO- AS SNDWN 1DE51GNE0 C. MORW BY CNH 0WO DRAWN GIAYI ONAL E �� '"' 20-0 I r------------------ ---f I I f I � I I I ( I ) I ( I f I I I CL---- _,----___-- c d 3/4' CmIFER-/ GRADE OF SECTION 'A -A SHELTER FOUNDATION DETAILS SCALE' KLIS, A-3 36" (NOTE 5) 0MW comtcom I MORIN I Z CHURCH, VA I3 TIES 0 24. O.C. CMW CDM Cot (2) #'4 REBAR TOP GMW CDMNO. 0'32984 SHELTER DETAILS k BOTTOM GMW COM C 'C(10H.26.1I SS'IpNAL l NOTES. OAiE REVISIONS BT CHN APP'0 1. REFER TO MANUFACTURERS SPECIFICATIONS FOR SITE SPECIFIC CRITERIA- RITERIA3' DRAWING NUMBEN PEV 3'MM. CELLXION _ _ ......... d_t BOSSIER CITY, LA (318) 213-2900 6X6 88/18 2. CONCRETE STRENGTH SHALL BE A MINIMUM OF 4000 PSI. WWF 3/4' 6 3. TIE GOWN PLATES, ANCHORS, AND HARDWARE TO BE PROVIDED BY THE SHELTER MANUFACTURER. 4. SLAB TO BE LEVEL AND FLAT. 1 ` 5. FOOTING SHALL EXTEND TO DEPTH SHOWN OR BEAR ON SOLID ROCK IF . ENCOUNTERED DURING EXCAVATION. FLAT [BUILDING FLOOR a USE 3/4- X 2 1/4' _ a BOLTS ON SI DEWALLS; USE < d 5/e' X 2 1/4- BOLTS ON a ENDWALLS e da / —2' FLAT WASHER 3/4'0 HILTI KWIK BOLT It d W/ 4 3/4' EMBED ° -TIE DOWN BRACKET REBAR TIE o SEOGN '8-8 SECTION "C -C" N.T.S. N.T.S. SHELTER CONNECTION DETAILS 3 o SCALE: N.T.S. A_y - SHOCKEYSVILLE_WOLFE PARCEL '— 3658 "oLume" ""E MTE 101 10134863_4037 F. CHURCH, VA 12041-2868 F )EL (701) 671-6000 o a r c h i t e c t s FAY: (701) 6]I-6]011 575 GLENGARRY RD n WINCHESTER, VA 22603 e n g i n e e r s 4000 PSI CONCRETE FABRIC (TYP.) j 4- (MIN)CRUSHED STONE ON COMPACTED GRADE ., STOOP DETAIL 2 SCALE: N.T.S. A-3 $9 T HOLE; 4 REO'0. TIE DOWNPPLA N.T.S. pyTH OF, L O i HRISTOPHER D. K ARCHITECTS ENGINEERS 04-26-11 REVISED FINAL ZONING 0MW comtcom I MORIN I Z CHURCH, VA 03-03-11 REVISED FINAL 20NING CMW CDM Cot D6 -2D-10 nNM. ZONING GMW CDMNO. 0'32984 SHELTER DETAILS D7-12-10 PRE -1— ZONWG GMW COM C 'C(10H.26.1I SS'IpNAL l OAiE REVISIONS BT CHN APP'0 �� DRAWING NUMBEN PEV _...... _ _ ......... d_t -865 a \\\ // / CLENGPRY OAD ' S7p ROUtE 681x 40' R/W LENCPR'f RD D • TE RPUTE 681 44 R/W B a S 1 \ I \ yy - I SOL 500' ' = FROM CENTERUNE OF PROPOSED ENTRANCE \ \ ` I I ` I I 1 / CENTERLINE OF SDR = SOD' FROM -875 PROPOSED DRIVEWAY PROPOSED I I II ORtvEWAY HEIGHT' � I ' Ii � OPOSED ENTRANC ( p�PRE (n / / � HEIGHT 1 1 II SCALE IN FEET SIGHT DISTANCE PLAN — LEFT SCALE IN FEET SIGHT DISTANCE PLAN — RIGHT z �'--� SCALE: 1"=.100' 11.17 A_4 Loe SCALE: 1"=1.00' 11.17 p_q I ' SCALE: 1'=50' 24x36 ( SCALE: 1"=50' 24.36 0 50 100 200 TRUE NORTH o 50 100 200 TRUE NORTH i 1 906 900 696 896 895--rri2 � ® 894 _ 698 892 894 SO( ` SD •SDL = 500' FROM 890 892 _ O S ED 890 888 DRWNAY HEIGHT 888 886 886 E 884 882 — — 684 878 rr®o SDR = 500' FROM676 E%ISiING tK ;ioa - _ �„ v < HEIGHTTS876 E874 E LEFT a ` 87fi 872 _ DR 874 eI _ 872 870 a — N CENTOF a L�., 868 LINE OF EXISTING L•- 866SIGHT PROPOSED EM CELXNABN ALONG GO WE RICHT 868 Z 0 864 866 854 852 c U 3 P 860 862 5-00 4-00 3-00 2-00 1 -INT 0+00 T+00 t-00 0+00 1+00 2+00 3+00 4+00 5+00 6+00 860 0 SCALE IN FEET n PROFILE — LEFTK3-'\ PROFILE — RIGHT r4 of SCALE: t'=100' 11.17 A-4 SCALE: 1'=50' 24x36 t�lTH SCALE: 1'=700' 11.17 z 0 50 IDD 200 SCALE: 1'=50' 24x36 ^Y.•,� a 1 SHOCKEYSVILLE_WOLFE PARCEL HR1STOP.H•_E.RR D. 3 BC ARCHITECTS ENGINEERS J 2 04 -Z6 -I I REVISED fiNAL ZONING GMW CDM DM MORIN EAl1S CHURCH, VA 5659 CDLUYBM PmE SUPE 701 '- 011SOIiaV[N,YAZ]011-1Bfi8 1 01 34863_4037 ,,JJ�� ^ A 1 03-03-11 REVISED FINAL ZONING CMW CDM lEt (703) 6)I-6000 rMa �/.i�s` OFINAL ZONING GMW CDM NO. 032984 SIGHT DISTANCES a C C H 1 t e C t 5 FlX: (/Dl) 6)I -W00 575 GLENGARRY RD 7150 S..D DA --s0-to A 0]-]2-10 PRELIMINARY ZONING GMW CDM C 04.26.17 `S'S 1 e i WINCHESTER, VA 22603 wPwrFR, uD ztozn NG. DA7E REVISIONS er cNx ArP•D I L}l DRAWING NUMBER ANAL REY o n g n e e r s GATE NOTES- I. OTESI. GALVANIZE ALL MATERIAL AFTER FABRICATION IN ACCORDANCE WITH 8"0 PT WOOD POST ASTM -A53, ASTM -8633, ASTM A392 2. CONTRACTOR TO PROVIDE MASTER I3 uNE, 12.5 CA B'm PI 1400D POST WOVEN WIRE MESH, LOCK 8175 W/ COMBO SET 0 4004 NON -CLIMB FENCE REFLECTOR (TVP.) 6K6 PT WOOD STRETCHER g' GALVANIZED HD (TOP 8 BOTTOM) AT EACH T -POST WTDI PLATE If I 1/2' STO. PIPE IA OD SIDE OF GATE ANO 100 O.C. 1.33 LB/FT 20' D.C. 6 (WELDED) TYPICAL SINGLE STRAND BARBED WIRE POST FCC SIGN I GRAVEL ROAD Y-a'o Ai' -6' I II CONC. PIER (TYP,) I I �� LJ 9'.9'x1/4' PL WELD u ELEVATION — GATE & FENCE L SCALE: N.T.S. A-5 o I PROPOSED 20' q C�Opp o•'.. .: ACCESS/UTILITY .. _ EASEMENT — . _ . _ . — . — . — — H 14' FARM GATE 5' CATTLE FENCE - SEE' / aDETAIL 1/A-5 I / 885 \ go SSI o cT' } RIGHT OF WAY��—. GRAVEL DRIVEWAY ENTRANCE (VDOT STD PE -1) SCALE IN FEET o 21)y Io �ao so PLAN — ACCESS ENTRANCE 2 SCALE: 1"=20' TRUE NORTH A-5 �TH Op I > r � a�- :) 2 3 _ ' SHOCKEYSVILLE`WOLFE PARCEL 2 04-26-11 REVISED FINAL ZONING HRFSTOPHER D. BC ARCHITECTS ENGINEERS GMW CDM DM MORIN FALLS CHURCH, VA 5659 tO L.mURCL. PIKE. 2 $U1- tot FHiJ Oi116F11, VA 21041 1lE6 10134863_4037 (� 1 0J -0J-11 RE`nSED FlNAL ZONING DIAW CDM 4.6 n01 iR (701) 611-6000 a r c h i t e c t s FAC (70) s/1-gw^ JVLI �� 575 GLENGARRY RD )i505tAN0lAD Oft WINCHESTER, NAlIPVFR, WD 21076 0 Oe -20-10 FINAL 20NINC P 07-12-10 PRELIMINARY ZONING No. 032984 GMw CDM ACCESS ENTRANCE &. FENCE �y•Z6.5T S i OBY e n g i n e E [ 5 VA 22603 DATE REW6ION6 S G DMWING NUMBEq RE CNN MR'D I OIVAL EIS FSC 0 11 0 REZONING APPLICATION 901-11 CARMEUSE NA -- CLEARBROOK REZONING Staff Deport for the Planning Commission Prepared: f'l`ay 31, 2011 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 06/15/11 Pending Board of SupeY +,isors: 07/27/11 Pending PROPOSAL: To rezone 92 acres from RA (Rural Areas) District to EM (Extractive Manufacturing) District, with proffers. LOCA'+ 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 T'.qE 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 recommendations of the Historic Resources Advisory Board. 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 Bearing, 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 May 31, 2011 Page 2 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 Pending Board of Supervisors: 07/27/11 Pending DROPS SAL: To rezone 92 acres from RA (Rural Areas) District to EM (Extractive Manufacturing) District, with proffers. ,OCA Y ION: 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 FD 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) South: RA (Rural Areas) East: EM (Extractive Manufacturing West: RA (Rural Areas) Use: Clearbrook Park Use: Residential/Agricultural Use: Quarry Use: School/Residential/Vacant/Fairgrounds Rezoning #01-11 Carrneuse NA — Clearbrook Rezoning May 31, 2011 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property 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., Ine. — 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 Carmeuse NA — Clearbrook Rezoning May 31, 2011 Page 4 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 Regional 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. PlanninjZ Department: Please see attached Memorandum dated April 15, 2011, from Michael T Ruddy, AICP, Deputy Planning Director. PlanninL, & Zonina: 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 Carrr�euse NA— Clearbrook Rezoning May 31, 2011 Page 5 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 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. 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. Fni irn" MPnt 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. 5-3]. 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 May 31, 2011 Page 6 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 subj ect 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) Potentiallmpacts 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 adj acent 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 Carmeuse NA — Clearbrook Rezoning May 31, 2011 Page 7 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 May 31, 2011 Page 8 the center of the existing right-of-way. The dedication of right-of-way to support the widening of Route 11 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 Canneuse NA — Clearbrook Rezoning May 31, 2011 Page 9 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 allowthe 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, A) Allowed Uses: 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 #01-11 Carnieuse NA — Clearbrook Rezoning May 31, 2011 Page 10 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. Ili. 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. 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 regards to this issue. The comments provided by the Historic Resources Advisory Board should be addressed. Rezoning 401-1 l Carmeuse NA — Clearbrook Rezoning May 31, 2011 Page 11 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 CGNCLUSiONS 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 recommendations of the Historic Resources Advisory Board. I The potential impacts on adjacent properties. 4. The potential transportation impacts on Route 672 and Route 1 L 5. The concerns of the reviewing agencies, in particular the County Attorney. Followin the required public hearing a recommendation re,-arding this rezoning application to the Board o Su ervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planninz Commission. isrE REz # 01 - 11 XRRRs , e4 arrneuse - NA 1AR d p SL C learbrook Rezoning PINs:44-A-$3,$3x4 &33-A►- 144 n" 33`AE78' 34A,11A 34A11 O -N MINERALS FREDERIC1 [AND (CHEMSTONE) COMPANY COMPANY LC. IiMC LP�LLP /,l� r34 A 20 ' 33 A 16" � FREDERICK RAND K 41 yL oA FRED ERICCOMPANY LLC ^�•..�4 COUNTY VIRGINIA W 34 A 24D 44 A 80 q WAVERLY WHITE FARM HARRY 51R 33 A 144 t�r� lr ` < • r a ON MINERALS t3 rte' (CHEMSTONE) COMPANY 4SA1 f O�� FREDERICK LAND r- , - 44 A 93 � COMPANY LLC 44 A`77A t0•N rhFNERALS' - - - EDERICK (CIIEMSTONE),COMPANY,. UNTY+FAIR v � �• o 44A' 10U d . � ANDERSON MARK D s QHERYL L ... t {��(144 .A t7 4 1.7J•S FREDERICK LAND COMPANY "LC Y, 4#i 44 A 1103 -fin. v✓ t r CRAY 44 A 96 NEFFMARKT w �RONALD FREDERICK -" �{� v� $ 45Ae3 W ETALS LANA GC)MIsAFIYCARTER y ROBERT W. Y O- c34 °• P - 44 A;1Q8 - - - - -- 1 $ b 44 A 115 ...- - gjoHNCHKA r a2t� - 44 A 95 �+ G. ORGE ha' _J r HAINES T EARL r L HAZEL Y . '� - '';• �,. �oF 44" f/i MOURN .. a OMPS B = f � �� 44 1171 Y9.f .. • DEXTER T� � 1. .� ,- Patton Harris Rust & Associates memorandum Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street -i- Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 10: iviike Ruddy Organization/Company: 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. r` M AY I 0 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street i- Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 To: Organization/Company: From: Date Project Name/Subject: cc: Mike Ruddy Frederick County Planning Ron Mislowsky, PE Mav 6.2011 Carmeuse Rezoning Memorandum 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 41. 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 Works also commented about the Convenience Center lease. Certainly Carmeuse 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 a Surveyors a planners a Landscape Architects p \coinrbondence\kaon\carmen e Clearbrook vrtorring\l<r to ruddy from r mislowsky rein 5-5.doc AWSON AND SILEK9 P. .C. 120 EXETER DRIVE, SUITE 200 POST OFFICE SOX 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 • TLAWSON(2!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 rezoni% application can proceed and this matter will be heard by the Planning Commission at its June 151 date. Thank you for your anticipated assistance and cooperation. I look forward to hearing from you shortly. q C"'� re L wson TML:atd Enclosure cc: Carmeuse Lime & Stone FRONT ROYAL ADDRESS: POST OFFICE BOX 602. FRONT ROYAL, VIRGINIA 22630.TELEPHONE: (540)635-9415 • FACSIMILE: (540)635-9421 . E- MAIL:3SILFRYn,LAWSONANMILFR_COM FMRFAX ADDRESS: 10905 MAIN STREET, SUITE 200, FAIRFAX, VIRGINIA 22030. TELEPHONE: (703) 352-26[5 - FACS1111— (703) 3524190 - E-MAIL: THOMASOLAWSON.a1 VERIZON.NET ;,ti EE CEQgR �� J, a� /1. m < n ° %BRUCE -f N r. ,DMEEK �O =944 � ~ 7A.33, W _... — ....... . � ...._..,. ..... T.M 44.q_ E ZONING P OPOSED NTNG EM Q� `' ; �1I O U) BASED ON REVIEW OF AVAILABLE DOC ME TS IN W Y tl P a / 1 11 THE POSSESSION OF FREDERICK COU PLANNING, EXISTING O �C>p10 0�5�'0" '� // '•� EAR TO SE IN THE VICINITY FAN EXTENSION PROPERTY m ,�.�,-.,a,,,,, .. � .____... HESOU AT N39° 56' 05" -2601.16. THE J Q Q PROPOSE 1 RESOLVE ANY AMBIGUITY OF LOCATIO til W J " ING BOUNDARY BY U 1 ZONING ANY REMAINING ORTION 0 CEL 144 WHICH IS IN RA ZONING O EM ZONING. `\ - ' R - -_ �� 46551. ........._-_................. _......... (ARC 108.902 o r (ARC 10.78) 11 a ' BLOW UP AT 1"=300' fCOUN" ri' of FREDER C Department of Planning and Development 540/665-5651 FAX: 540/665-6395 TO: Ron Mislowski, P.E. Patton Harris Rust & Associates FROM: Michael T. Ruddy, AICP ? Deputy Director ��+,: 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 plat ofRezoning inr10inJ 9 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, Vurgienia 22601-5000 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 t � a,_. .tom 3 -1,T- tl �._ ., r r:7 TT. 1 - �l�i n adzo� vii 4 1'thc4L.J:. -.1an 1 Use 1 .-.lei irl 2010. 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 Use, 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 EM 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 II 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 rezoning of this parcel would increase the overan 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 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. 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 ia+ q--t;-u4,-=S such as w: pllalt or vol �.� it .- jiliice.-rg pl:z�,is, c ,�ieilt and iime 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, mi):, 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. 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 II 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. rurdier 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 agency are given due consideration. MTR/bad IMUNTY of FREDERICK Roderick B. Williams County Attorney cnn/�22 8383 J`i-V/ / L.L, Fax 540/667-0370 E-mail: rwillia@co.fredefick.va.us April 10, 2011 VIA FACSIMILE — (540) 665-0493 — AND REGULAR MAIL Ron Mislowski, P.E. pal., --n T ce_ta 1-.3 Rust WY- 117 LJ 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 92+ 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: i. ;;r l;ar4.:,s s r;fcl�iriiy, :t uu?u be heipful if rrieies and bounas of the 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 m 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 Prmfo . 2 1 as to the meaning ofccncrio-lic 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 %i1.r(;ei T=� -u3. �iie 'lu "C' S. t�,o Prnffer C'twtnm e+ ri�(l AT;11f':e ink (1.S Y b` i 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. Sin ours, 4 Roderick B. WIH 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. 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 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 Developmeat 540/665-5651 FAX: 540/665-6395 RE: Application Requesting a Rezoning of S2 Acres from RA to EM (Extractive Manufacturing) for Carmeuse Clearbrook Property Identification Numbers (P!Ns): 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: * Zinn House (#34-114) (Martin Farmhouse — located on the property) Rose Farm (#34-717) 107 North Kent Stree*, Su to 202 e Winchester, 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: o 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 protfer 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, 2 iL"" Candice Perkins, AICP Senior Planner CEP/bad cc: Rhoda Kriz, HRAB Chair PROPOSED SCREENNG SCALE 1'-300' a: Pna„oEo xfr 0 ?f? Ox- iw a E T J� Wsn SECTION A s PER F'v;FE crrcR x.: Cr / PER PkgoCFP€ RE c L`S R— IT i RE9nJln"L IG / x. c � t0i I' � - to R. 11€IfNt 61y Rax m SECTION B aoF$Tzr �R € P L Ij SCREENING BERM SECTIONS SCALE: 1'=20' �12,la w Z O w Lj W Z U G G O 0 �12,la ... to ensue all students an excellent education K. Wayne Lee, Jr.. Coordinator of Planning and Development . leew@frederick.kl2.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.02.vams 540-662-3889 Ext 88249 P.O. Box 3508 540-662-4237 fax Winchester, Virginia 22604-2546 3. 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 fo=rirrations 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 for PE and recess more than those inside. What steps will Car ��euse take to maintain noise at acceptable levels during the school day? Is there a generally agreed upon definition of acceptable noise levels? 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. 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 leewkfrederick.kl2.va.us. Sincerely, K. Wayne Lee, Jr. Coordinator of Planning and Development Cc: Patricia Taylor, Superintendent of Schools Al Omdorff, 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 3 PROPOSED PROFFER STATEMENT REZONING: RZ# 0/- if 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 ("DM°ivF') of the Virginia Department of Mines, Minerals and Energy ("VDNEAE"), and shall therefore conform to the Mineral Mining Law and Reclamation Regulations for Mineral Mining of the Commonwealth of Virginia. 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). 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 inc irporated plat within one year from the date of unappealable zoning approval. 3, f1istoric Resources 3.1 The Applicant has completed a Phase I Archaeological Surrey 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 5. Blasting Con�.rol 5.11 Ali blasting associated with mining operations on the Properties shall be limited by the mining permit approved by the irt,,,M of the VDMW. 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. T_afflc 6.1 The Applicant proposes as part of this rezoning to not install entrances fol- vehicular orvehicular 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 from the Properties that currently enter and exit on Route 11. In the future, given that there wilt' be no vehicular trips to and fro in Route 11 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. 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. sighting 3.1 Where shall be no affixed lighting structures above -ground on the berms other than as may be required for or provided by regulations that affiect the plant operations, including, but not 'limited to, Mine Safety Health Administration ("MSHA vlDAI1vIE, 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. sir 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. Environ meta 10.1 in addition to compliance with the Virginia Pollutant Discharge E irnination 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 dowing from the quarry operations on the Properties is of a quality that satisfies the _requirements of all applicable discharge permits. Respectfilly submitted, €)-N MINERALS (CHEMSTCITE) COMPANY d/b/a CARMEUSE LHvJE & STONE By: Its: CAft S&CA,,Z. t_c m., Awl 4 TOAD CO ONVVEALTIt1®F VIRGINIA, AT LARGE COUNTY OF FREDERICK, to -wit: h , S r The foregoing instrurnerit was aclo owleciged before roe this 1 day ai az 2011, by -C NOTARY PUBLIC My commission expires: r. Registration number: - � �s 5 FRANCES G. MARTIN as bolder of life estate interest in parcel 44-A-83 COMMONWEALTH OF VM, GIN11A, AT LARGE COUNTY OF FREDERICK, to -wit: The foregoing instrument was acknowledged before me this r" day of r) B 2011, by FPANCES G. MARTIN .as bolder of life estate interest in parcel 44-A-83. ® All d TAR UBLIC My commission expires: Registration number:•` ��°' ••••A 61595 atstD r � � � •OZ/4£26 °• •• S3UdX3 1.0 a NOISSIAVV03 AN ; U 99NgLZ # 91H 0 MViON �j W as°s+ee0066e00o 6 PROPOSE® SCREENING SCALE: F-300' 5H LANDCAPING TO BE PROVIDED w PER PROFFER 2.2 Ia LANDSCAPE BERM APPROX. 10 FT. HEIGHT U.S. ROUTE 11/ I ' PRIVATE DRIVE [7 - _ EXISTING GROUND PIT WALL 25.00' 28.00' APPROX. APPROX. SECTION A LANDCAPING TO BE PROVIDED -' PER PROFFER 22 Y H LANDSCAPE BERM loi RESIDENTIAL LOT I APPROX. 10 FT. HEIGHT U.S. ROUTE 11 a 0 _ EXISTING GROUND _--_---tt- ___---__ ___. -_- r�2111.00 -_-____LLPITWALLRESIDENTIAL LOT 273} 25.00' APPftO%. APPROX. SE CTI ON B BERMS TO BE PLANTED WITH TREES UPON CONSTRUCTION. THE SPECIES AND LOCATION OF ALL TREES WILL BE APPROVED BY THE LOCAL OFFICE OF THE U.S. DEPARTMENT OF FORESTRY. SCREENING BERM SECTIONS SCALE: 1"=20' LANDSCAPING PER PROFFER 2-2 yrrm---r--+-�--��-^ FINAL LANDSCAPING BERM m T X Q z 5 0 k' .r m p N d- JQ O D U N Q O z 0 0 Z x 0 QQQ w Lq D U r CARMEUSE - CI_,EARBROOK 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 Impact Analysis Statement (Map Sheets 19, 24 and 25 of Soil Survey) Map Symbol Soil Name 7C Carbo Oaklet Rock Outcro 32B Oaklet Silt Loam 6C Carbo Oaklet Silt Loam 34 Pagebrook Silt Loam Carmeuse - Clearbrook Slopes (range) Percent of Site 2 to 15% 38.6% 2 to 7% 37.4% 2 to 15% 21.6% 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 CONVEYANCE 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 IH 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 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 11 Archaeological Survey of the area adjacent to a spring near the Martin farmhouse is being conducted. 5 CARMEUSE - CLEARBROO]K 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. 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 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 2 Impact Analysis Statement Carnzeuse - 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 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 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 I Carnzeuse - 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 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: (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 % 38.6% 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 % 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. Impact Analysis Statement Carmeuse - Clearbrook D. SEWAGE CONVEYANCE 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 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 tc 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 KM Light Industrial e cWNW 11111 1 r TIf :TM2 Industrial General EF Ora a MwMacturing T - MHi Moble Home Community " 132 Business General 133 Industrial Transition Light -r r * 1',` �' Y . a - RP Residential Performance Ex. RA Rural Agricultural AA �i/L AL7 t +. N r to be Rezoned to g ' i N C W t - EM Extractive Manufacturing (Approx. 92 Acres) r • . r cif+' •:` r 3 ' . j,j / /r G_- ;#• _ . •'£, ' a w I T'•� CjRwE• i�� r .•.1� �.. pj f • _ M , LLJ X r. A s. w r - -ate y - f W ',. o \y, 77 r r' . r ' • ' 9� i'. fi s -.. y J . r `fill F 3 ; •+ / o LLJ f a v a. • o �Y V ' e '4 } c_. - .✓/moi !! i � .. �'!I�� z � w Ci S .f' \f • ; r e M i • l * y w .f{ n 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, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: O -N Minerals (Chemstone) Company Name: d/b/a Carmeuse Lime & Stone Telephone: (412) 638-1581 Address: 11 Stanwix Street, 21 st Floor Pittsburgh, PA 15222 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 Owner (if different than above) Name: Same as applicants Telephone: Address: 3. Contact person if other than above Name: Thomas Moore Lawson, Esq 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 &H 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) $) Proposed Use of the Property: Mining (EM) 7. Adjoining Property: -: 9. The following information should be provided according to the tylre 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 Office: Retail: Restaurant: 10. Signature: Square Footage of Proposed Uses Service Station: o Manufacturing: o Warehouse: o Other: 55.2 acres - quarry operations 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 (vire) 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): Date: I Z f - Zc_ I O -N erals (Chemstone Company) d/b/a Carmeuse Lime & Stone 0,',,d Vtd, cy J _ W��rti. Dater T Frances G. Martin as holder of life estate interest in parcel 44-A-83 Owner(s): _ --- Date: Z I - Zc.) 1 O- inerals (Chemstone gompany) Wb/a Carmeuse Lime & Stone Date: 0-27- 2,,P // Frances G. Martin as holder of life estate interest in parcel 44-A-83 14 Adjoining 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-way, 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 Dent Street. Name Property Identification Number (PIN) Address Name: County of Frederick 107 N. Kent Street Property #: 33 -A -162A Winchester, VA 22601 Name: County of Frederick 107 N. Kent Street Property #: 33-A-1626 Winchester, VA 22601 Name: Kesad Third Generation LLC 11499 White Oak Ct Property #: 33 -A -164B Hemdon, 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% 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 LLC 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 22655 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 Herndon, 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 • i �--OUN7Y o� FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Planning Commission FROM: Michael T. Ruddy, AICP Deputy Director RE: Waiver Request — Carmeuse NA - Clearbrook DATE: May 31, 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 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). 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 Nortb Kent Street, Suite 202 s Winchester, Virginia 22601-5000 Planning Commission RE: Canneuse NA EM setback waiver May 31, 2011 Pa.Re 2 I]rAW' 10 Side and rear setbacks. All principle and accessory structures shall be set back at least 25 feet from any side or rear property boundary. (f) No structure shall be closer than 100 feet from any property line zoned RA, RP, R4, R5 or MH1. 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. (2 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 100 feet. o The requested setback for structures from the side and rear property line is 50 feet rather than the required 100 feet. 0 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. This is a Planning Commission item only. It should be recognized that the waiver request is related to rezoning application RZ01-11, 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 A P P L I C A i muni r00R A WAIVER OR ORDINANCE EXCEPTION �_�_.. ..�..�... r--s,-.-,,.=s�..�uc..�.°sF='�a:�-"--�._ sa�,w��,.=r.ss.-,.-��..:� �.ra-�r�_.�_��•�_.:,.m —.—._ O -N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone Applicant/Agent: Frances G. Martin as holder of life estate interest in Parcel 44-A-83 11 Stanwix Street, 21st Floor, Pittsburgh, PA 15222 Address: 3004 Martinsburg Pike, Stephenson, VA 22656 Property Owner's Name (if different from applicant): Address: Phone Number: (412) 638-1581 Phone Number: Contact Person (if different from applicant): Thomas Moore Lawson, Esquire Phone Number: (540) 665-0050 Waiver request details (include specific ordinance requirements to be waived): Applicant requests that setback requirement for EM be reduced to 50 feet for the properties identified below and as permitted by the Zoning Ordinance of Frederick County Sections 165-608.05(A)(2) 165-608.05(B)(1) and 165-608.05(B)(2). The properties identified below are subject to a Rezoning Application which requests that the pr ping and screening to maintain the effective protection afforded to adjacent properties. Property Location (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers):508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg Pike Parcel Idetntifcation/Loeation: 33-A-144, 44-A-83, and 44 -A -83A Magisterial District: Stonewall RA (to be Zoning and Current Use: Zoning District: rezoned EM) residential (to be rezoned for extractive Current Use: manufacturing) Attachments: Adjoining Property Owners List Existing/recorded and Proposed Plats ***-For Office Use Only**** FEES FOR WAIVER OR ORDINANCE EXCEPTION AND CHECKLIST: ➢ $500.00 ➢ Attachments Existing/recorded and proposed plat(s) ➢ Completed adjoinin properties info. sheet(s) ➢ Receipt #: a yj Received by: Date: Q (Initials) Frederick County Department of Planning and Development 1.07 North Kent Street - North Building • 2"d Floor Winchester, Virginia 22601 Phone: (540) 665-5651 - Fax: (540) 665-6395 List; of Adjoining Properties: The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the waiver or exception is being sought, including properties at the sides, rear, and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application. Name and Property Identification Number (PIN) Address 107 N. Kent Street Winchester, VA 22601 NameCounty of Frederick Property # 33-A-162A_�� Name County of Frederick 107 N. Kent Street Winchester, VA 22601 Property # -A -162B Name _33 Kesari Third Generation LLC 11499 White Oak Ct Herndon, VA 20170 Property # 33 -A -164B Name Wampler Jack K Sr & Jack K Jr P/A Wampler's Mobile Homes 2648 Martinsburg Pike Stephenson, VA 22656 Property # 33 -A -164D v Name ' Richardson Kimberly Dick & John Franklin 107 Cotswold Court Stephens City, VA 22655 Property # Name 33 A 164E—,----,— Frederick Land Company LC 893 Clubhouse Road York, PA 17403 Property # 33-A-166 Name Frederick Land Com any LC 893 Clubhouse Road York, PA 17403 Property # 34-A-20 Name White Harry S. Jr. 385 Back Mountain Road Winchester, VA 22602 Property # 34 -A -24D Name Frederick County Fair c/o Chester Lauck 167 Fairground Road Clearbrook, VA 22624 Property # 44 -A -77A Name Stonewall District Ruritan c/o Joseph Hulver 1023 Redbud Road Winchester, VA 22603 Pro e # 44-A-81 Name Frederick County School Board P.O. Box 3058 Winchester, VA 22604 Property # 44-A-82 Name Umbenour Max J & Margaret M 115 Walters Mill Lane Stephenson, VA 22656 Property # Name 44-A-84 Bachmann Jane Brumback 137 William Richmond Williamsburg, VA 23185 Property # 44-A-95 Name _ Frederick Land Company LLC 893 Clubhouse Road York, PA 17403 Property # 44-A-96 Name Roberts Gregory G. 130 Tatanka Lane Stephenson, VA 22656 Property # 44 -A -96A e Cutshaw Alan W & Susan J P.O. Box 133 Stephenson, VA, 22656 erty # 44 -A -96C e F Frederick Land Com anLLC 893 Clubhouse Road York, PA 17403 erty # 44 -A -96D e Frederick Land Company LLC 893 Clubhouse Road York, PA 17403 11 Property # 44-A-97 O:ILI�d Use Applicalions\Apphcation Fol on Line Adjustment o Lot Conwlidalion appheation.wpd Revised 2/7/11 2 Name 2nd Propert� Identif-ation Number fDLli j 11 hudreSS Name Anderson Mark D & Che l L 1419 Ramseur Ln Winchester, VA 22601 Property # Name .� 44-A-100 -� — Gray Mark T, Grafi Tina M 611 Walters Mill Lane Stephenson, VA 22656 Property_ # e 44-A-103 sy..r. 11 Name Williams Gregory )EI P.O. Box 443 Stephenson, VA 22656 Property #_` Name --L 44-A-106 _ London Roy Alfred III 3172 Martinsburg Pike Clearbrook, VA 22624 621 Tennyson Avenue Winchester, VA 22601 Property # 44A-1-1 Name Rudy Glenn B Property # Name 44A-1-2. Hedrick David R. & Sandra L. 3154 Martinsburg Pike Clearbrook, VA 22624 Pro e # 44A-1-3 Name _ Cornwell Clarke &. Tina 3144 Martinsburg Pike Clearbrook, VA 22624 3134 Martinsburg Pike Clearbrook, VA 22624 Property_ # 44A,-1-4 Name Myers Lolita L. Pro e # st Name 44A: 1-5 _ 1 Bly Kenneth L. & Joy A 3126 Martinsburg Pike Clearbrook, VA 22624 Prope # 44A-1-6 Name SK Associates Inc. 11499 White Oak Court Herndon, VA 20170 Property# 44A-1-7 Name Clemons Richard Lee & Mary D� 3106 Martinsburg Pike Clearbrook, VA 22624 Pro erty # 44A-1-8 Name Property# �F Butts Joseph L. & Sylvia P. 44A-1-9 3096 Martinsburg Pike Clearbrook, VA 22624 Name Property # K F Payne Marion D. Jr. 44A-1-10 3086 Martinsburg Pike Clearbrook, VA 22624 Name Prope # Name Property # _ Frederick Land Company LLC= 45-A-1 Carter Robert W 45-A-8 893 Clubhouse Road York, PA 17403 827 Gun Club Rd Stephenson, VA 22656 Name Property# Anderson Mark D 45-A-8C __ �^ :� `�g¢�� 1419 Ramseur Ln Winchester, VA 22601 PROPOSED SCREENING SCALE: T-300' LANDCAPING TO BE PROVIDED PER PROFFER 22 la LANDSCAPE BERM APPRO%. 10 Ff. HEIGHT ° U.S. ROUTE 11/ PRIVATE DRIVE EXISTING GROUND PIT WALL 25.00' 28.00' APPROX. APPRO%. SECTION A _ LANDCAPING TO BE PROVIDED PER PROFFER 2.2 a 4� LANDSCAPE BERM poi RESIDENTIAL L07 APPROX. 10 FT. HEIGHT U.S. ROUTE 11 � w a 0 _EXISTING GROUND _ _ _ _ _ _ PIT WALL RESIDENTIAL LOT 273t 25.00' 28.00' APPRO%. APPROX. SECTION B rL� TO BE PLAN ED N7TH TREES UPON UCTION. THE SPECIES AND LOCATON OF EES WILL BE APPROVED BY THE LOCAL OF THE U.S. DEPARTMENT OF FORS=S7RY. SCREENING BERM SECTIONS SCALE: 1"=20' LANDSCAPING PER PROFFER 22 --------T4---• *-*-;• FINAL LANDSCAPING BERM 2 Xp ui W z 0 1f) Ld y = O u 0 M DI- Ld LL] -A Z 0 0 0 U Z U Z W p U U � of oZ n m O N Q N � O QFQ Q QQ U Z U Z W p U U �