PC 11-03-93 Meeting Agendai
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AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Old Frederick County Courthouse
Winchester, Virginia
NOVEMBER 3, 1993
7:00 P.M. CALL TO ORDER TAB
1) Bimonthly Report ................................ . ..... A
2) Committee Reports .................................... B
3) Citizen Comments ..................................... C
4) Subdivision application #010-93 of L. H. Lipscomb to subdivide two lots in
in the Stonewall Industrial Park for commercial use. This property is located
at the south side of Lenoir Drive in the Gainesboro District.
(Mr. Miller) ......................................... D
PUBLIC HEARINGS
5) Conditional Use Permit #010-93 of Stacy and Debbie Conard for a cottage
occupation to operate a cabinet and woodworking shop. This property is
located off of Fairfax Pike (Route 277) in the Opequon District.
(Mr. Miller) ......................................... E
6) Rezoning application #002-93 of Unimin Corporation to rezone 186.358 acres
2
from RA (Rural Areas) to EM (Extractive Manufacturing) for the operation of silica
sand mining. This property is located east of Back Creek Road (Route 704)
in the Back Creek District.
(Mr. Tierney) ........................................ F
7) Rezoning application #004-93 of Hunts Cycle Shack to rezone 1.05 acres from
RA (Rural Areas) to B2 (Business General) for the sales and service of motor
cycles and the sales of used motor vehicles. This property is located eight
miles west of Winchester on Northwestern Pike (Route 50 West) in the Back
Creek District.
(Mr. Miller) ......................................... G
MISCELLANEOUS
8) Draft update of the Frederick County Comprehensive Policy Plan.
(Mr. Tierney) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H
9) Other (no attachment)
lV Gk4- /�1 A4'`5
ArAs-%jAm i A f oA�j,'5,
M E M O R A N D U M
TO: Frederick County Planning Commission
FROM: Robert W. Watkins, Secretary
SUBJECT: Bimonthly Report
DATE: October 22, 1993
Fac. 9/12/89
Opeq
Trmt.facil
Grace Brethren Church
6/08/90
(1) Rezonin s Pending:
dates are
submittal dates
10/25/90
Ston
Lgt. Industrial
Lake Centre
Twin Lakes
4/04/90
Shaw
RA
to
B2/RP
Unimin Corp.
8/09/93
BkCk
RA
to
EM
Woodside Estates
08/27/93
Opeq
RA
to
RP
Hunts Cycle Shack
10/07/93
BkCk
RA
to
B2
(2) Rezonin s Approved:
dates are
BOS meeting
dates
None
(3) Rezonin s Denied: dates are BOS meeting dates
None
(4) Conditional Use Permits Pending• (dates are submittal dates)
Marshall Ritenour 08/06/93 Shaw Cottage Occup. -Fencing
Contracting
Stacy Conard 10/11/93 Opeq Cottage Occup -Cabinet
and Woodworking
(5) Conditional Use Permits Approved• (dates are avoroval dates)
None
(6) Site Plans Pending: dates are submittal dates
Wheatlands Wastewater
Fac. 9/12/89
Opeq
Trmt.facil
Grace Brethren Church
6/08/90
Shaw
Church
Flex Tech
10/25/90
Ston
Lgt. Industrial
Lake Centre
05/15/91
Shaw
Townhouses
2
Red Star Express Lines
05/24/91
Ston
Whse. Addition
Freeton
04/27/92
Opeq
Townhouses
Salvation Army
12/03/92
Ston
Ofc/Housing
Sheetz
10/01/93
Gain
Parking lot & Access Rd
Valley Proteins (rev)
10/17/93
Gain
Weigh Scales
Jiffy Quick (rev)
10/20/93
Ston
Tanks/Canopy
(7) site Plans Approved: (dates are approval dates)
VDO 10/13/93 Ston Mfg. Addition
L&L Builders 10/18/93 Ston Commercial
Snappy Lube 10/19/93 BkCk Ofc Bldg.
(8) Subdivisions Pending: (dates are submittal dates)
Lake Holiday Sec. 13 08/25/93
Gainesboro
(9) Subdivisions Pending Final Admin. Approval: (P/C or BOS approval
dates
Abrams Point, Phase I
Hampton Chase
Lake Centre
Fredericktowne Est.
(sections 5, 6 and 7)
Coventry Courts
Freeton
Village at Sherando
Paul Negley
Fredericktowne Est., Sec 8 & 9
6/13/90 Shawnee
02/27/91 Stonewall
06/19/91 Shawnee
10/16/91 Opequon
12/04/91 Shawnee
05/20/92 Opequon
06/16/93 Opequon
08/11/93 Stonewall
10/06/93 Opequon
(10) PMDP Pending: (dates are submittal dates)
None
(11) FMDP Pending Administrative Approval: (dates are BOS approval
dates
Battlefield Partnership 04/08/92 Back Creek
James R. Wilkins III 04/14/93 Shawnee
Briarwood Estates 08/11/93 Shawnee
(12) FMDP Administ. Approved (dates are admin. approval dates)
None
3
(13) Board of Zoning Appeals Applications Pending•(submit dates)
Deer Run Homes 10/21/93 Opeq. 7.3' rear -existing
house
(14) BZA Applications Approved: (approval dates
Michael Prelip
10/19/93
Opeq
4.27'
front -proposed
house
Linda Shore
10/19/93
Shaw
2.3'
side -existing
house
Dwight Rinard
10/19/93
BkCk
19.4'
side -existing
house
and proposed deck
Deer Run Homes
10/19/93
Opeq
4.3'
rear -existing
house
(15) BZA Applications Denied:
None
(16) PLANS RECD. FOR REVIEW FROM CITY OF WINCHESTER
None
PC REVIEW: 11/03/93
SUBDIVISION APPLICATION #010-93
L. H. LIPSCOMB
2 LOTS
LOCATION: On the south side of Lenoir Drive (Route 860),
approximately 1040' southwest of McGhee Road
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 43-19-5
PROPERTY ZONING & PRESENT USE: Zoned Mi (Light Industrial) - land
use, commercial
ADJOINING PROPERTY ZONING & USE:
land use, commercial
PROPOSED USE: 2 lots - commercial
REVIEW EVALUATION:
Zoned M1 (Light Industrial) -
Virginia Dent. of Transportation• No objection to the
subdivision of this property. Existing entrances meet current
commercial standards. If use ever expands, entrance may need
to be upgraded.
Sanitation: Plat is OK
County Engineer: The engineering department has no comments
at this time.
Inspections Department: Shall comment on building Use Group
at the time of structural plans review. Question the use and
fire rating of two existing buildings located on the property
line.
Fire Marshal: All fire and rescue issues will be addressed on
site plan.
Page -2-
Lipscomb Subd.
Planning & Zoning: There is an approved master development
plan for this industrial park and this proposed subdivision
conforms to the master plan. L & L Builders business is
located on lot 5A and a site plan has been submitted for the
construction of lease buildings on lot 5. There does not
appear to be any problems associated with this application.
STAFF RECOMMENDATIONS FOR NOVEMBER 3, 1993: Approval.
Date:
APPLICATION AND CHECKLIST
SUBDIVISION
FREDERICK COUNTY VIRGINIA
Application ,# plo-g3 Fee Paid /0/ -
Applicant/ Agent: /-
Applicant/Agent: }��F� �►�C,
Address: g'Z O spA )Cee (ni c t-►-EsM(2. ~�
Phone. b2- -41i�) S
Owners name:
Address: (g8g LF_k0t 2 D2 iA I t4C-4esF.-2
Phone: („b?--Sa36
Please list names of all
stockholders:
��12.pr1 tiii�-. _(� t Ps ca �11s
Nue l atTA 4, L t p5 c_ o ftAg
owners, principals and /or majority
�d� 1..t pSLo�Lg
Contact Person:
Phone: Z - 41aS
Name of Subdivision: sco+,&i3 soapwistom
Number of Lots -r%oo
Total Acreage 2 Act2.�S
Property Location: 0 f,► Tl oOTA S b2: pF Li=ND t 2 eAOgr
Appe=_1040 FT. SguTAwEsT op tA°GaF 2o4p F'-_23?,
(Give State Rt.#, name, distance and direction from intersection)
Magisterial District ST7DOGWALL,
Property Identification Number (PIN)) 4:a- (Uy)) -- 5
P
Property zoning and present use: M -j Co~EeCiAC,
Adjoining property zoning ,and use: - j C 0 W'&F-2ci A i-,
Has a Master Development Plan been submitted for this project?
Yes No V
If yes, has the final MDP been approved by the Board of
Supervisors? K/A
Yes No
What was the MDP title?
Does the plat contain any changes from the approved MDP? NlAr
Yes No
If yes, specify what changes:
Minimum Lot Size (smallest lot) O,r74? AC FS
Number and types of housing units in this development:
Number
Types
co
9 � 1600
o c
_*L15PIVI'i(OH PLAT
OF THE LAND OF
L O U RA IH H. L IPSCOM13 , ET AL
GAINE5E30R0 D15_TR1CT- FIZEDERICK COUNTi, V IKGINIA
SEPTEMBER 13, 1993
LENOIIZ 11111VE
m�
F
�o
y4T E-
PENN GEHTR AL V
VICINITY MAI'
gCALE, 1"-1200'
OWAEIZ'S CERTIFICATE
THE ABOVE AND FOREGOING 9U6DIV1910H OF THE LARD OF LOURAIN N. LIPgCOMI , ETAL,
A9 APPEAR9 IN THE ACCOMPANYING PLAT IS WITH THE C/NgENT ANP IN ACCUKVANCE WITH
THE DE5(IZE37 OF THE UNOER9IGHED OWNE99, PROFIZIETOR9 , ARD TRU5TEE9, IF ANY.
DATE DATE
STATE OF VIRGINIA
COUNTY OF , To WIT ;
1, , A AOTAKY PUBLIC IN AND FOR THE STATE OF VIRGINIA
AND COUNTY OF ,DO HEREBY CERTIFY THAT TH19 DAY PER50NALLY
APPEARED BEFORE ME
WHOSE NAME(5) 19 (ARE) 51GNED TO THE FOREGOING INSTRUMENT DATED VAY
OF , If)-, AFORE9AID.
GIVEN UNDER MY HAND TH15 VAYOF 17
MY COI,. M(IF910N Ex rf KE9 I�
NOTARY PUESLIC
5URVEYOK'5 CEQTIFICATE
I HEREBY CERTIFY THAT THE LAADCONTAINED IATH19 SUBDIV1910N IgA POKTION OF
THE LAND CONVI-40 TO LOUIZAIN H. LIP9COM5ETAL BY DEES DATEDJUNE 17,119-74-012
MARCH II, MSS AND RECORDED AMONG THE LARD RECORD4 OF FREDERICK COUNTY,
VIRGIIJIA IN DEED BOOK x-32 AT PAGE 537 AMD DEED BOOK 674 AT PAGE GO4,
RE91'ECTIVELY.
ZONED '. M-1
TAX MAP * *3-(01))-5
VA. DGPT. OF TKA149FORTATIOH
FRED. Co. SANITATION AUTHORIT
PLANNING COMM19910
H. SKU06 r,17E H9, L.9.
DATE
PAT E
DATE
GREENWAY , INC.
-- 970 Baker Lane , Winchester, Virginia • 22603. 703-662-4185
H. Bruce Edens, L.S.-President
SURVEYING - DESIGNING - PLANNING
I
K BRUCE EDENS �
No. 00016",
I
L 00
43 4b
co / (Do
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v
A0TE-
E W TAX MAP PAK0EL N0.'9 43 -((IM -5.
43 - (( 10)))- 5A.
5U130IV1510N PLAT
OF THE LAND OF
LOURAIN H. LIF9COWS ET AL
GAINE9501ZO DISTIZICT- FREDERICK COUAV, VIRGINIA
SCALE I"= 100' DATE: $EFTEMOEW 13, M- 3
GREENWAY INC.
%70 Baker Lone, Winchester, Virginia • 22603. 703-662-4185
H. Bruce Edens,L.S.-President
SURVEYING — DESIGNING ® PLANNING
e�
K BRUCE EDENS
No. 000162.8
ot
sUS-A
P/C Review Date: 11/03/93
CONDITIONAL USE PERMIT_ 010-93
STACY & DEBBIE CONARD
Cottage Occupation
Cabinet & Woodworking Shop
LOCATION: Off of Fairfax Pike (Route 277), right onto Ridgefield
Ave., (Route 1065), right onto Overview Court (Route 1095)
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER 85C-1-2-71
PROPERTY ZONING & PRESENT USE: Zoned RP (Residential Performance)
Land use - residential
ADJOINING PROPERTY ZONING & PRESENT USE: Zoned RP (Residential
Performance), Land use - residential and vacant
PROPOSED USE: Cottage Occupation - cabinet and woodworking
REVIEW EVALUATIONS:
Virginia Department of Transportation: No objections to a
conditional use permit for this property. Existing private -
entrance will be adequate for owner/ applicants use only. If
business ever expands or is opened to customer traffic, the
entrance may have to be upgraded to commercial standards.
Fire Marshal: Any woodworking shop has inherent fire hazards
from sawdust, finishes, varnish, and electrical motors. Extreme
care must be maintained at all times to prevent fires.
Adherence to the State Fire Prevention Code, sections on
woodworking shops, is imperative.
Inspections Department: Building shall comply with the Virginia
Uniform Statewide Building Code and Section 305, Use Group F
(Factory & Industrial) of the BOCA National Building Code/1990.
Other codes that apply are title 28 Code of Federal Regulation,
Part 36 Nondiscrimination on the Basis of Disability by Public
Page 2
Accommodations and in Commercial Facilities. Permit required
shall be change of use on existing building.
Sanitation Department: No comment.
Planning Department: The applicant proposes to do cabinet and
woodworking projects in a detached garage and is therefore
required to have a conditional use permit for a cottage
occupation. This location is in a single family home
neighborhood on lots averaging 12,000 square feet. The design
of the subdivision and the location in hilly terrain gives you
the feeling that all of the buildings are very close together.
This indicates that the only potential problem with the use of
this site may be noise generated by the running of the equipment
being used. No other problems were observed during the site
visit.
STAFF RECOMMENDATIONS FOR NOVEMBER 3, 1993 PC MEETING: Approval with
the following conditions:
1. All work be done in the enclosed building with the doors
closed to limit any potential noise pollution.
2. Hours of operation be limited to between 7:00 AM and 9:00
PM.
3. That the applicant adhere to the State Fire Prevention Code
pertaining to woodworking shops and obtain a change of use
permit for the building in which the occupation will occur.
Submittal Deadline
P/C Meeting
BOS Meeting
APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY, VIRGINIA
1. Applicant (The applicant if the owner other)
NAME:
ADDRESS:
TELEPHONE Ed 2 j-'/�-5�-
S
2. Please list all owners, occupants, or parties in interest of
the property:
3. The property is located at: (please give exact directions and
include the route number of your road or street)
,/? ��is�✓t ril�C�i ���'�
4. The property has a road frontage of x'_7,2 3. feet and a
depth of f r �, 3 e feet and consists of c�-
(Please be exact)
5. The property is owned by = 6 as
evidenced by deed from f/ recorded
(previous owner)
in deed book no. r,� on page 4 C? i as recorded in the
records of the Clerk of the Circuit Court, County of
Frederick.
6. 14 -Digit Property Identification No. X5c - , - - 17 1
Magisterial District eau ^f N
Current Zoning I-DE�VTI14L A.A.&Jh- P
7. Adjoining
North
East
South
West
Property:
U�USS,,,, E''
ZONING �`�° v
ANL
8. The type of use proposed is (consult with the Planning Dept.
before completing)
C'& T7-1¢(�,6 _0C.0 a 7?.4 —77 ,. ,...,.....__ C'431NC—T:'
oy-04 K r N
9. It is proposed that the following buildings will be
constructed:
10. The following are all of the individuals, firms, or
corporations owning property adjacent to both sides, rear and
in front of (also across street from) the property where
requested use will be conducted. (Continue on back if
necessary.) These people will be notified by mail of this
application: (PLEASE LIST COMPLETE 14 -DIGIT NUMBER.
NAME
ChCtJOly1CL1)' FdW(�,rd �_
Address
�� O C)VerV'gOJ �Je C 11, Vit
Property
ID# 85%/ 1, '1 _
[b Y) -51 f' i'f J �C�11i1
Address
�J /oJ S/��' per jj C1 lepul o &N, Vft
Property
ID#
l0 (Y1Ct /cs� +
Deb rc- J
j/
Address 5tpo-7 ILidgeGeid AIV , 920&`J G�, v)+
Property ID# r5c
61't CLLf, O<Jnnct L
Address
,0 Ve-rV)'eLJ M j .SfCpher) 5 OtLIJIJl
a
Property
ID#
Address
Property
ID#
Address
Property
ID#
i.
I1.. 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.
7- 43
12. Additional comments, if any:
I (we), the undersigned, do hereby respectfully make 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 maintained so as to be visible until after
the Board of Supervisors' public hearing. Your application for a
Conditional Use Permit authorizes any member of the Frederick
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
Owners' Mailing Address
Owners' Telephone No.
__ tw
ra
TO BE COMPLETED BY ZONING ADMINISTRATOR:
USE CODE: -_ -
RENEWAL DATE:
r
OVERVIEW COURT
60' WIDE
O
O—IRON PIN (FOUND)
H. U. D. FLOOD ZONE C.-
AREA
;AREA OF MINIMAL FLOODING.
THIS IS TO CERTIFY THAT ON JULY
24, 1992, 1 MADE AN ACCURATE SURVEY OF
THE PREMISES SHOWN HEREON AND THAT
THERE ARE NO EASEMENTS OR ENCROACH-
MENTS VISIBLE ON THE GROUND OTHER
THAN THOSE SHOWN HEREON.
TITLE REPORT NOT FURNISHED. THIS
SURVEY IS SUBJECT TO ANY FACTS THAT
MIGHT BE DISCLOSED BY A FULL AND
ACCURATE TITLE SEARCH,
Nn
LOT 71
SECTION TWO
Rll �rFFIF,l n
OPEOUON DISTRICT
FREDERICK COUNTY
VIRGINIA
c
CUP: #010-93 PIN: 85C-1-2-71
Stacy and Debbie Conard
COUNTY of FREDERICK
Department of Planning and Development
1 ; 0 2/ � 1?
f it JI
TO: Planning Commission Members
FROM: Kris C. Tierney, Deputy Planning Directg��
RE: UNIMIN Rezoning Application
DATE: October 21, 1993
703 / 665-5651
Fax 703 / 678-0682
Subsequent to the Commission's tabling of the UNIMIN rezoning request, representatives of the
Gore Community as well as a planning staff representative, Mrs. Copenhaver, and David Cress
of the Division of Mines, Minerals and Energy met at the UNIMIN office on October 4 to
discuss citizen concerns. An open meeting for the public was also held that evening in Gore and
a meeting and tour for the Commission members and staff was held on October 14.
UNIMIN has taken a number of steps to address Commission and citizen concerns, including
blocking of a jeep trail which was used as a gathering place, establishing an ongoing dialog with
community representatives and creating a periodic newsletter to be sent to area residents
informing them of relevant activities. UNIMIN representatives are also looking into the
possibility of dredging out some of the siltation that has settled in behind the dam in Back Creek
as was requested by area citizens.
A request to modify the rezoning application has also been submitted. The request is to reduce
the area to be rezoned from 211 acres to 186. This is a result of excluding the land to the west
of Back Creek from the application. A plat is attached which shows the area to be excluded
from the rezoning with shading.
A revised proffer has also been submitted and is attached. Item number three, which states that
siltation and sedimentation controls will be implemented as required by the County, State and
Federal regulations, has been added.
If there are any questions concerning any of the above information, please let me know.
KCT/slk
9 North Loudoun Street P.O. Box 601
Winchester, VA 22601 Winchester, VA 22604
�1
E.POTT
W.B. 103, PG.341 1 \
24- W" ._.. ,..
PROP. L W
R FCWNEY
08 3917 P 473
1-
1 `
Z7.9 '-AC R E 5
(AIZEA OF ZONING '
TO REMAIN
(9HAI7F-P AIZEA)
I
O��+N
TOTAL AREA
224.156 ACRES
D.B. 584 P. 147
18(a. 358± ACR E9
(AREA TO BE
REZONED?
R E�Lpp 754
0� 709
! RT. 704 d
! MVEAT 1
BOUNDARY SURVEY
OF A PORTION OF THE LAND OF
UNIMIIN CORPORATION
va 1.4SS -WNO CCWP.
249 P. SSB
K CWK
E
ZONING
AIZEA TA15LILA1108
AIZEA TO BE
Z EZON E P = 1,6(o. 350 t AC.
AKEA To
EGMAIH RA . 27•P)t AC.
(5HADED)
AREA
ZONED EM s 9.698± AG.
(GK095-HATCHEt7)
TOTAL AKEA=ZZ+156AC
W,4HAFER
RB. 581, P6.390
rt- SLAW
�e
—
R07 MW 371,W
9.8J6 AC-
431, 140.9Zy9.FT.
A
o� �1 �• 5
Lu
n a�
Z
� o
z 1.1
N Irnff
f aR7C17 P. 40
BACK CREEK DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE: 1" = 600' DATE' FEBRUARY 21 1992
)FEV15E0' OCT08E2 // /993
MFVKiE17 OCTOBER Z'0. 1773
GREENWAY, INC.
0)70 Baker Lane • Winchester, Virginia • 226030 703-662-4185
H. Bruce Edens • President
SHEET I of 4
AMENDMENT
FREDERICK COUNTY ZONING ORDINANCE
Action:
Planning Commission Recommendation of November Vii, 1993
Board of Supervisors
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
#002-93 of UNIMIN CORPORATION
WHEREAS, Rezoning application #002-93 of Unimin Corporation., to rezone 186.358 acres
from RA (Rural Areas) to EM (Extractive Manufacturing) located southwest of Gore, Va., and
east of Back Creek Road (Rt. 704), in the Back Creek District, and designated by PIN 38-A-14.
WHEREAS, the Planning Commission held a public hearing on this application on November
3, 1993; and
WHEREAS, the Board of Supervisors held a public hearing on this application on
1993; and
WHEREAS, the Frederick County Board of Supervisors finds this rezoning to be in the best
interest of the public health, safety, welfare, convenience and good zoning practice;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as
follows:
That Chapter 165 of the Frederick County Code, Zoning Ordinance, is amended to revise the
Zoning District Map to change 186.358 acres from RA (Rural Areas) to EM (Extractive
Manufacturing) as described by the application and plat submitted, subject to the following
conditions voluntarily proffered in writing by the applicant and property owner:
PRaFFER
UNIMIN C®RPORATI&N REZONING REQUEST
REZONING APPLICATION #002-93
The undersigned, UNIMIN CORPORATION, sole owner and applicant of
the 186.358 acre tract to be rezoned under rezoning application
#002-93 does hereby voluntarily proffer the following conditions.
The conditions proffered shall be binding upon the assigns and
successors in interest of the undersigned. In the event the
Frederick County Board of Supervisors grants said rezoning to EM
and accepts these conditions, the following proferred conditions
shall apply to the land rezoned in addition to other requirements
set forth in the Frederick County Code:
1. No active quarrying or direct placement of
overburden materials shall occur within 500
�7 feet of either the present location of Route
J 704 or any currently existing dwelling.
2. No active quarrying or direct placement of
overburden materials shall occur within 100
feet of the present location of Back Creek.
3. Siltation/sedimentation control will be implemented as
required pursuant to applicable County, state and federal
laws and regulations, following receipt of all necessary
approvals, as mining advances along Cove Ridge.
Restrictions 1 and 2 shall not apply to any access roads, erosion
and sediment control structures, or other support or adjunctive
activities required to facilitate mining. `
UNIMIN CORPORATION
By: ML2� 1 U� Za�g3
Andrew J. Regis
Vice President/GEM
D:\WP51\USERS\DWHy\�APPL
This ordinance shall be in effect upon its passage.
Passed this day of , 1993.
A Copy Attest
John R. Riley, Jr.
Frederick County Administrator
P/C review date: 09/01/93
P/C review date: 11/03/93
REZONING APPLICATION #002-93
UNIMIN CORPORATION
To Rezone 186.358 acres
From RA (Rural Areas)
To EM (Extractive Manufacturing)
LOCATION: East of Back Creek Road (Route 704), southwest of Gore
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 38-A-14
PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas), present
use -vacant
ADJOINING PROPERTY ZONING & PRESENT USE: Zoned EM (Extractive
Manufacturing) and RA (Rural Areas) land use - vacant, mining, and
residential
PROPOSED USE: A silica sand surface mine including all support and
adjunctive activities related to such.
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: No objection to the
rezoning of this property. If any work is performed on the
State's right-of-way, a land use permit will need to be
applied for and issued to cover said work.
Fire Marshal: Readily available access will be required at
all times to all structures and areas where emergency vehicles
may be needed to respond. Gore Volunteer Fire Company has
requested no proffers on this rezoning.
Health Department: The Health Dept. has no objection to
proposed expansion of sand mine.
County Engineer: See attached letter to Susan Armentrout,
Unimin Corp., from Harvey Strawsnyder, dated July 6, 1993.
Page -2-
Unimin Rezoning
Inspections Department: Shall comment at the time of any
building site review. No comments at this time.
Planning: The proposed rezoning would result in a total of
approximately 925 acres of EM zoned land in the Gore area.
The application states that there will be no increase in
mining operations as a result of the rezoning. Rather, the
proposed zoning will allow for mining further into the
existing sand deposits.
Mining operations are regulated by the Division of Mines,
Minerals and Energy (DMME) and the Department of Environmental
Quality (DEQ). These two agencies will oversee operations of
the mine in terms of worker health and safety, stormwater
management, reclamation, and blasting. The DMME requires an
Erosion and Sedimentation Plan and a Reclamation Plan as well
as bonding to insure reclamation of the site.
Location: The property to be rezoned lies to the northwest of
the existing mining operation. The parcel slopes from east to
west with approximately a 100 foot change in elevation from
the eastern edge of the parcel down to Back Creek.
Site Suitability: The application is evidence that the site
is viable for the proposed mining operation. Areas of concern
would be impacts on surrounding properties, Back Creek, and
visual impacts from Back Creek Road (Route 704). The
application states that a minimum of 100 feet will be left
between the creek and the quarry edge and/or the edge of the
overburden. The application also states that mining will not
occur any closer than 500 feet from any existing home. It
might be appropriate for the applicant to ensure this through
the submission of a proffer statement.
Given the elevation of the proposed mining site above Route
704, it seems likely that, with some care, the operation could
be carried out without even being visible from the road.
Traffic in and out of the site would not be expected to
increase as a result of the rezoning, nor would there be an
anticipated impact on emergency services or other public
facilities.
STAFF RECOMMENDATIONS FOR 9101193 PC MEETING: Approval. The staff
would fee more comfortable if some assurances were made that the
stated distances between the mining operation and the perimeter of
the tract (Back Creek, Route 704, and neighboring homes) would be
hered to.
Page -3-
Unimin Rezoning
PLANNING COMMISSION ACTION SUMMARY: At their meeting of 9/1/93,
the Planning Commission received proffers from the applicant
stating that: 1) No active quarrying or direct placement of
overburden materials shall occur within 500' of either the present
location of Route 704 or any currently existing dwelling; and 2)
No active quarrying or direct placement of overburden materials
shall occur with 100' of the present location of Back Creek.
Five residents of Gore came forward to speak and their main concern
was the amount of sand and silt that was steadily filling up Back
Creek and the possibility that the Town of Gore could eventually
experience flooding. They felt that the sand mining operation was
responsible for the sediment control problems. They also had
concerns about reclamation of lands already mined.
Mrs. Susan Armentrout, Senior Environmentalist for the UNIMIN
Corp., said that they were initiating steps to alleviate sediment
control problems and were working with the DMME and the DEQ.
PLANNING COMMISSION RECOMMENDATIONS OF SEPTEMBER 1 1993: The
Planning Commission unanimously tabled the application for 60 days
in order to make arrangements to meet collectively at the site.
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA '
-------------------------------------------------- ; T
:..}
To be completed by Planning Staff:
Zoning Amendment Number. 1902-43 Date Received
Submittal Deadline Application Date -
PC Hearing Date 4-I BOS Hearing Date /p y3-a
----------------._._------------------------------------------------
The following information shall be provided by the applicant:
All. parcel numbers, tax map numbers, deed book pages and numbers
may be obtained from the Office of the Commissioner of Revenue, 9
Court square, Winchester.
1. Applicant:
Name: UNIMIN CORPORATION
Address: P.O. BOX 38
GORE, VA 22637
Telephone: (703)858-3444
2. Owner:
Name: UNIMIN CORPORATION
Address: 258 ELM ST.
NEW CANAAN, CT 06840-5300
Telephone: 203/966-8880
In addition, the _Code of Vircrinia allows us to request full
disclosure of ownership in relation to rezoning applications.
Please list below all owners or parties in interest of the land to
be rezoned:
UNIMIN CORPORATION IS THE SOLE OWNER AND PARTY IN INTEREST
OF THE LAND TO BE REZONED.
5
3. Zoning Change: It is requested that the zoning of the property
be changed from RURAL AREA - RA to EXTRACTIVE MANUFACTURING EM
4. Location: The property is located at (give exact directions):
kc
Theproperty is located east of Route 704, approximately one (1)'
mile southwest of the intersection of Routes 704 and 632,
southwest of Gore in -Back Creek District, Frederick County,
Virginia.
5. Parcel Identification:
21 Digit Tax Parcel Number:
6. Magisterial District:
7. Property Dimensions:
rezoned.
Back Creek
38 A 14
The dimensions of the property to be
Total Area: 211.5 Acres
The area of each portion to be rezoned to a different zoning
district category should be noted:
211.5 Acres Rezoned to EM
Acres Rezoned to
Acres Rezoned to
Acres Rezoned to
Frontage: approx. 5,500 Feet (E -W)
Depth: approx. 1,900 Feet (N -S5
8. Deed Reference: The ownership of the property is referenced by
the following deed:
Conveyed from: Fulton Land and Timber Co.
Deed Page: 147
Deed Book Number: 584
2
9. Proposed Use: It is proposed that the property will be put to
the following uses.
This property will be used for a silica sand surface mine,
including all support and adjunctive activities related to such.
10. Checklist: Check the following items that have been included
with this application.
Location map
X
Survey or plat
__X_
Deed to property
—�
Statement verifying taxes
X
sign receipt
X
Agency Comments
X
Fees
X
Impact Analysis Statement
X
Proffer Statement
11. Signature:
I (we), the undersigned, do hereby make application and
petition the governing body to amend the zoning ordinance and
to change the zoning map of Frederick County, Virginia and do
hereby certify that the application and accompanying materials
are true and accur to to th b t of my (our) knowledge.
Applicant:
�lC.e a resfdaJ- 0A//m/ nj efax- !�- -
Owner: Ili Al //YJ A/ C 6 Or?,
12. Representation:
If the application is being represented by someone other than
the owner or application and if questions about the
application should be directed to that representative, please
list the following.
Representative's Name: Susan M. Armentrout
Representative's Phone Number: (815)667-4228
7
ADJOINING PROPERTY OWNERS
Owners of property adjoining the land will be notified of the
public hearing. For the purposes of this application, adjoining
property is any property abutting the requested property on the
side or rear or any property directly across a road from the
requested property. The applicant is required to obtain the fol-
lowing information on each adjoining property including the
21 -digit tax parcel identification number which may be obtained
from the office of the Commissioner of Revenue.
8
Name
Address
and Property Identification
1
Address:
P.O. BOX 2598
Richard S. Helm (et al)
Winchester, VA 22604
Property
ID: 38 A 16 and 13
2
Russell Lee Elliott
Address:
P.O. Box 175
Gore, VA 22637
Property
ID: 38 A 14B
3
Larry Miller
Address:
Rt.l, Box 1-154 0'1046 Back Creek Rd
Gore, VA 22637 Gore, VA 22637
Property
ID: 38 A 14A
4
Beth Rosenthal
Address:
10521 Judicial Dr. 120
c/o Mische Byrd
Fairfax, VA 22030
Property
ID: 38 A 14C
5
Sterling N. Shockley
Address:
HC 34 Box 55174r500 McDonald Rd.
Winchester, VA 22601 Winchester,
Property
ID: 27 A 16A VA 22602
6
Address •
849 Back Creek Rd.
Richard M. Forney
Gore, VA 22637 or Rt. 5, Box 215
Property
ID: 27 A 17 226Olester, VA
7
Address:
1733 Carpers Pike
Erma. P. Hott
Gore, VA 22637
Property
ID: 27 A 18
$
Address:
605 Back Creek Rd.
Daniel and Ola Kump
Gore, VA 22637
Property
ID: 27 A 20
9
Address:
25 W. Boscawen St.
William H. Shafer, Sr.
Winchester, VA 22601
Property
ID: 38 A 37 and 37A
10
Address:
Property
ID:
8
UND4IN CORPORATION - GORE, VIRGINIA
IMPACT ANALYSIS STATIUCENT
INTRODUCTION
- General Information -
Unimin Corporation's Gore facility is located at the end of Route
632, Gore, Virginia. This facility engages in silica sand mining,
processing and shipping. Mining has taken place in the vicinity of
the Gore plant since about 1931. Many years of reserves remain;
hence, UNIMIN will likely be actively mining this area for numerous
years to come.
As stated in the Rezoning Application Form, UNIMIN is requesting
that 211.5 acres be rezoned from RA to EM. This extension will
increase the total amount of acreage in this area zoned as EM to
about 930 acres. The land adjacent to this parcel which is not
owned or leased by UNIMIN is zoned as RA.
- Economic Impact -
Currently, the plant employs 32 people with an hourly payroll
(including fringe benefits) of 1.1 million dollars. The Gore plant,
in addition to these wages, puts roughly an additional 2.7 million
dollars annually back into the economy, most of it locally.
- Geology -
UNIMIN mines the Oriskany sandstone. The structure of the sandstone -
is that of an asymmetrical anticline. The fold axis is
approximately the crest of Sand Ridge. The Onondaga shale overlies
the Oriskany sandstone. The New Scotland limestone is found beneath
the Oriskany sandstone. All three units are exposed on UNIMIN owned
lands. The Cove Ridge quarry is located on the northwest limb of
the anticline.
- 1 -
- Mining and Processing -
Sand is mined by the open pit method. Where topsoil is present, it
is stripped and utilized directly in reclamation. If topsoil is
stockpiled, it will be seeded until utilized in reclamation. Soil
will be stockpiled on mining benches. The overburden is placed in
stockpiles on mining benches, hauled to mined out quarry areas for
direct use in reclamation, or placed up or down slope from the
quarry.
Mining in the Cove Ridge quarry will continue as a series of benches
with the faces advancing southwesterly along the ridge line. Mean
bench height will remain at about 50 feet. The lowest bench will
occur at an elevation of approximately 775 feet; the upper bench
will occur at roughly the 1025 foot elevation. These figures are
subject to change due to quality, quantity, or other economic
considerations. Mining will also occur in the South Quarry area,
but generally to a much lesser scale than in the Cove Ridge quarry
over the next several years.
Upper elevations of the sandstone are not cemented and may be
ripped. However, with increasing depth, the sandstone hardens
dramatically and must be blasted.
The loosened sandstone is loaded into haul trucks by an endloader
and hauled back to the processing plant where it is crushed, milled,
processed, dried, screened and shipped to our customers. The
products leave the plant by truck or railcar. UNIMIN's sand is
utilized to produce glass (float and container), used by the cement
industry, and has some additional miscellaneous applications.
- Ore Waste Disposal -
Mining related waste minerals consist primarily of over and
undersized sand, iron minerals, and clay particles. Undersized
materials and iron minerals are pumped to a tailings pond for
settling. Oversize sand is either sold, placed in mined out quarry
areas, utilized in construction, or used in reclamation. A tailings
pond(s) will be created within the mined out Cove Ridge quarry
floor.
- Hours of Operation -
The Gore facility's normal weekday hours of operation are mining
from 7 a.m. to 3 p.m., crushing from 7 a.m. to 11 p.m., and
processing, which is ongoing 24 hours per day. There may also be a
production or maintenance shift from 7 a.m. to 3 p.m. on Saturdays.
The hours of operation and holidays are all subject to production
demands as well as other unforeseen considerations.
- 2 -
- State Regulatory Bodies with Jurisdiction over Quarrying -
There are three primary state regulatory bodies which have
jurisdiction over mining related activities at the Cove Ridge Quarry
-- the Virginia Department of Mines Minerals and Energy (DMME), the
Virginia Department of Environmental Quality, Water Division
(formerly the Virginia State Water Control Board), and the
Department of Environmental Quality, Air Division (formerly the
Virginia State Air Pollution Control Board).
► DMME - Regulation of Mining and Reclamation The Virginia
Department of Mines, Minerals and Energy regulates surface
mining and reclamation activities under the law/regulations
established for minerals other than coal. The Cove Ridge
Quarry is currently under permit with the DMME. Additionally,
the permitted land is under bond until such time as the area
is reclaimed and bond released. In addition to the bonding
and permitting requirements, the laws/regulations require an
operation and reclamation plan. This plan discusses drainage
and sediment control, along with revegetation/reclamation
activities. Separate DMME regulations govern blasting at the
site. Additional items covered in the reclamation plan
include dust and noise mitigation, operating hours, site
identification and post -mining land use.
► DEQ - Regulation of Stormwater Runoff The Virginia
Department of Environmental Quality, Water Division is in the
process of formulating regulations which will govern the point
source discharge of storm water runoff from lands affected by
mining. UNIMIN has taken a proactive stance on these
regulations and has formulated a storm water management plan
which covers the entire facility. The storm water management
plan discusses the practices to minimize the effects of
"pollutants" being carried off-site in storm water
discharges. (The "pollutants" applicable to the Cove Ridge
Quarry would be sands and clays, also referred to as
settleable and suspended solids.) Maintaining drainage to the
quarry floor, sloping overburden tops to drain to the quarry
floor, reclamation, vegetative buffers, and a pond to be built
downslope to contain runoff will all be implemented as tools
in storm water management. This plan will be maintained
on-site and available for inspection by the DEQ and the DMME.
The plant also has a VPDES permit which allows the discharge
of process and truck wash water from five separate points
(Outfalls 002-006). None of these outfall points are found on
or cross the lands to be rezoned.
► DEQ - Regulation of Air Quality The Department of
Environmental Quality, Air Division has promulgated
regulations which set forth yv,isible emissions and fugitive
dust/emis�ions standards. These regulations hover fugltlVe
dust/emissions from all quarry related activities.
- 3 -
IIsi 'ACT ANALYSIS
A. Site Suitability
Back Creek runs along the northwest edge of the property which
is the subject of this rezoning request. Currently, all mine
related activities are greater than 1,000 feet from the creek.
This distance will decrease as mining progresses to the
southwest - the creek moves closer to the toe of the slope and
in this location is no longer adjacent to Route 704. However, a
minimum of a 100 foot environmental buffer will be left between
the creek and the quarry edge and/or overburden toe on the lands
to be rezoned.
There are no hydric soils mapped on the area to be rezoned,
thus, there are no wetlands. The Gore and Hayfield National
Wetland Inventory quads support this assessment.
Slopes of the Cove Ridge area range from about 30% on the upper
portions of the ridge to 10% on the lower ridge slopes. Slopes
adjacent to Back Creek average about 3% to 5%.
Soils of the lands to be rezoned consist of the Craigsville
cobbly sandy loam on land adjacent to Back Creek; the Zoar silt
loam, 2 to 7% slope, located at the meeting of several drainages
adjacent to Back Creek; the Buchanan very stony, sandy loam, 7
to 15% slope; and the Ladig very stony, fine sandy loam, 15 to
25% and 25 to 65% slopes on the ridge area.
Of these soils, only the Zoar has been classified as prime
farmland. None of the land on which this soil occurs will be
mined.
There are no soil or bedrock conditions which would limit or
restrict the mining of this area.
The Cove Ridge area in the vicinity of the plant was logged
about the 1960's. The area is currently dominated by a mixture
of maple, oak, and pine.
In summary, there are no physical restrictions which would _
unduly hamper mining at this site.
B. Surrounding Properties
The surrounding properties have been identified on the enclosed
map. Mining will not occur closer than 500 feet from any
currently existing home, and should not be any closer than about
1,000 feet. The major nuisance factor to adjoining landowners
is anticipated to be noise and vibration from blasting. Noise
and dust impacts to adjoining neighbors are anticipated to be
minimal. Mitigation and regulation of these potential nuisances
are discussed in greater detail in section L. (Environment) of
this statement.
- 4 -
C . Traffi c
Rezoning will not increase the amount of traffic or change
traffic patterns, as there will not be a concomitant increase in
production. Some fluctuations in traffic occur as a result of
demand variability. No new roads will be created for plant,
quarry, haul, or load out access as a result of this rezoning.
Traffic to the plant and load out will continue to enter and
exit via Route 632.
D. Sewage
No sewage will be generated on the lands to be rezoned.
E. Water SunDly
Water usage at the plant is not anticipated to change as there
will not be an increase in production as a result of rezoning.
F. Education Facilities
Not applicable.
G. County Parks and Recreation and Recreation Facilities
Not applicable.
H. Drainage
Drainage which is not kept internal to the quarry floor will
flow to the northwest - towards Back Creek. Erosion and
sedimentation from areas disturbed in the process of mining are
regulated by both the Department of Mines, Minerals and Energy
and storm water regulations administered by the Department of
Environmental Quality. As stated previously, UNIMIN has
developed a storm water management plan which discusses storm
water runoff from mine affected areas on Cove Ridge. The plan
calls for sloping overburden tops to drain into the quarry
floor, keeping the quarry floor internally draining, reclamation_
to reduce erosion, and vegetative buffers and a pond to reduce
sedimentation.
I. Emergency Services
The road travel distance from the southwestern most portion of
the quarry to the Gore fire and rescue is about 3 miles. No
additional facilities are needed to serve this site as there is
no anticipated change in production, number of employees, or
amount of heavy equipment operating at any given instance as a
result of this rezoning.
5 -
J.
K.
L.
Solid Waste Disposal Facilities
Rezoning will not increase the amount of solid waste generated
by this plant.
Historic Sites and Structures
There are no known historic sites
to be rezoned. (Reference: Maral
Landmarks Survey Report Frederick
III by Maral Kalbian).
Environment
or structures within the lands
Kalbian pers. comm. and Rural
County, Virginia Phases I -
- Unique Features -
Fulton Land and Timber previously owned the land to be rezoned.
As aforementioned, the proposed area to be rezoned was last
timbered in about 1960.
As previously stated, there are no wetlands nor are there any
known sinkholes on the proposed area to be rezoned.
- Visual Impacts -
Visual impacts to persons along 704 will be minimal for three
primary reasons. First, the distance from mining and overburden
disposal activities to Route 704 will be at least 500 feet and
on average will be roughly 1,000 feet. Secondly, vegetation
acts as a visual screen. The vegetation on-site consists of a
fairly dense mixture of deciduous and evergreen trees and
shrubs; thus, some degree of screening should be provided
year-round. Lastly, topography will assist in shielding the
quarry from view. The overburden toe will be from 50 to over
100 feet higher than the road elevation; thus, no level -sight
views will be possible from the road. As lower mining benches
will occur below elevations found on the hanging wall side
(Route 704) of the pit, mining activities on lower bench
elevations will be shielded from view.
- Regulation of Activities -
As also discussed on page 3 in some detail, the DMME and DEQ
have jurisdictional authority over mine related activities. The-
DMME enforces regulations related to blasting, mining, erosion
and sediment control, reclamation and safety. In addition, the
DMME requires bond on all lands to be affected by mining. Bond
is released only when the mine inspector deems reclamation
requirements have been satisfied or land which is under bond
will not be affected. The DEQ Air Division has regulatory
authority over dust emissions, and the Water Division regulates
point source discharges of process and storm water.
L. Environment (Cont'd.)
- Noise and Dust -
UNIMIN's operation is located in a sparsely populated area. As
mentioned above, the distance involved, plus vegetation and
topography, will lessen the effects of dust and noise on
surrounding property owners. Additional steps as discussed
below have been taken to lessen the effects of both dust and
noise.
Dust is controlled on the haulroads by watering. Also, the
lower portion of the plant entrance road is paved which reduces
dust and assists in reducing the tracking of sand and mud onto
public roads. There is also a truck washing facility available
at the loadout. Railcars are inspected prior to loading.
Damaged cars are not loaded. Trucks are visually inspected, and
UNIMIN ensures trucks are tarped prior to leaving the loadout
area.
Dust at the processing and loadout facilities is controlled by
employing various dust control methodologies (water sprays,
scrubbers, and bag houses).
Blasts are monitored once per year for noise and ground
vibration. If blasts are in violation of any established
regulations, steps will be taken to redesign the blast in an
attempt to meet state established limitations.
The scaled distance equation, as found in DMME regulations, will
be utilized to determine the allowable charge -weight of
explosives to be detonated in any 8 -millisecond period. This
formula will be utilized on all blasts that are not monitored.
Equipment under the company's
exhaust/muffler systems in an
unnecessary noise.
control maintains proper
attempt to reduce excessive or
- Reclamation -
One or more permanent water impoundments will be left following
the cessation of mining activities. One of these impoundments
will be the existing freshwater pond. Other water impoundments
may include former quarry areas and at least a portion of the
existing tailings pond. The source of water for these
impoundments may be groundwater, surface water runoff, and/or
process water (tailings disposal). Where practical, surface
water runoff will be diverted to those areas which will be left
as permanent impoundments if there is no natural supply of
groundwater. Also, mined out quarry areas may be used for
tailings disposal. Filled tailings ponds (those without
wetlands or left as lakes) and disturbed areas around them will
be reclaimed by revegetation.
- 7 -
Reclamation will be accomplished simultaneously with the ongoing
mining by using previously mined areas as locations for tailings
ponds and/or overburden disposal areas. This way, old pits may
be filled and highwalls at least partially covered as
miningprogresses. Once an area has been mined out, if the
overburden has been pushed upslope of this portion of the
quarry, the overburden material will be moved back into the
quarry area for use in reclamation. Similarly, stockpiles of
overburden placed on mining benches will be moved and graded to
accomplish reclamation objectives. Overburden placed west of
the Cove Ridge quarry (downslope) will be revegetated, or if it
is rehandled, may be utilized in reclamation. As tailings ponds
or other water impoundments are created, portions of the
footwall and hanging wall side of the quarry will be
covered/reclaimed.
To ensure an adequate amount of lime and fertilizer are added to
areas which have been graded or otherwise prepared for seeding,
soil samples will be taken and analyzed. Samples will be taken
from a depth of about 4 to 6 inches. Several samples will be
taken and composited to form the approximately one-half pound
sample which will be submitted to a soil testing laboratory for
analysis.
Results of the soil testing will be submitted to an Extension
Agent for lime and fertilizer recommendations. UNIMIN will
ensure that a copy of the soil test results and recommendations
will be submitted to the Division of Mineral Mining. Mulch will
be utilized on slopes designated as a critical or a problem area
or in other areas where necessary to enhance revegetation
efforts.
Post -mining land use will be forest and wildlife habitat;
spatial patterns of vegetation and species selection will be
considered to enhance these values. Small irregular patches of
woody vegetation will be mixed with the herbaceous "base". This
will allow the greatest diversity of habitats and the most
edge. A mixture of 50 percent shrub and/or tree dominated land
will be interspersed amongst the remaining herbaceous areas.
The tree species suited to the ridge slope soils of our mine
area include Northern Red Oak, Eastern White Pine, and Yellow
Poplar. Locust would also probably do well in this area. As a
part of the total revegetation effort, shrubs will also be
incorporated into reclamation. Blackberry is an example of a
shrub which would most likely be adapted to the stony soils of
our quarry area. A small amount of bicolor or shrub lespedeza
may also be utilized. A mixture of annual and perennial grasses
and legumes will be used to provide a herbaceous cover. The
exact species selected for use will be dependent upon time of
seeding, cost, and availability, and may follow consultation
with the DMME and the SCS, Division of Game Inland Fisheries.
- 8 -
M. Libraries
Not applicable.
M. Fiscal
Not applicable.
9 -
SMA:PERMIT:GOSMP93
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REZONING X002-93 PIN # 38-A-14
UNIMIN CORPORA110N
0 1000 2000 FT
1 1 1
U1111
GORE PLANT
PROPERTY MAP
ALL BOUNDARIES AND LOCATIONS
ARE APPROXIMATE
P/C review date: 11/03/93
Sf6.a-5
REZONING APPLICATION #004-93
HUNTS CYCLE SHACK
C/O GARY R. HUNT
To Rezone 1.05 acres
From RA (Rural Areas)
To B2 (Business General) l
w/ f i 5 �1/CG "y 'I
LOCATION: Eight miles west of Winchester on the east side of
Northwestern Pike (Route 50)
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 28-A--133
PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas), present
use -Hunt's Cycle Shack, CUP for motorcycle sales and service.
ADJOINING PROPERTY ZONING & PRESENT USE: RA (Rural Areas), land
use - vacant.
PROPOSED USE: Sales and service of motor cycles and sales of used
motor vehicles
REVIEW EVALUATIONS:
Virginia Dept. of Trans ortation: No objection to the
rezoning of this property. Existing entrances are adequate
for proposed use. However, should use ever expand in the
future the entrances may need to be upgraded.
Fire Marshal: This is an existing business classified
"mercantile" by the BOCA Building Code. Prior to the current
use, this was a restaurant use group assemble. There has not
been a significant impact on fire/rescue resources in the time
the business has been in operation. Stephen R. Holliday,
Chief, Gore Fire Department: No comment.
Health Department: The Health Dept. has no objection to the
proposed change in use or the rezoning of this property
County Engineer: We have no comments at this time. If
additional development is proposed for this site, a detailed
Page 2
Hunt Cycle Shack
site plan will be required.
County Attorney: No comments.
Planning: The parcel in question has been the site of various
commercial uses for many years and is currently the site of
Hunt's Cycle Shack. The business operates under a CUP for
motorcycle sales and service. The applicant wishes to expand
the use to include the sale of used automobiles. The original
CUP was granted under the provision for reestablishing a
nonconforming use. Section 165-134 of the Zoning Ordinance
permits the reestablishment of a nonconforming use with a CUP.
The ordinance stipulates that the use shall be "... of equal
or lesser nonconformity than the original use in relation to
intensity, type of use, dimensional requirements or other
requirements."
The CUP limits the activities on the parcel to interior sales
and service. The staff's position was that the expansion of
the use to include exterior auto sales would increase the
intensity of the use of the parcel over that of the original
nonconforming use. For this reason the applicant would
require a rezoning to B-2 in order to accommodate the desired
use.
The applicant has proffered that no more than 12 vehicles will
be kept for sale on the premises. At a minimum the proffer
statement should be reworded to clearly indicate the intended
use of the property. As presently worded the sales and
service of motorcycles would not be permitted. The staff
would note that at the time of his informal discussion with
the Commission, the applicant stated that he intended to have
no more than three to five cars for sale at any one time.
The applicant has also proffered a site plan prior to any
structural changes to the building or to the entrance onto
Route 50. The Zoning Ordinance would require a site plan for
any significant changes regardless of the proffer.
Location: The parcel requested to be rezoned is well outside
the Urban Development Area. It fronts directly on Route 50
with roughly 700 feet of frontage.
Site Suitability: The parcel has basically been carved out of
the hillside with the rear of the parcel rising steeply from
the elevation of the existing structure and parking area. The
parcel is surrounded on three sides by heavy woods.
General: The Comprehensive Plan states that: "Certain types
of business and industrial uses may be located at scattered
rural locations if appropriate access is available and if
Page 3
Hunt Cycle Shack
adverse impacts on surrounding uses and the rural environment
can be avoided. Such business locations will primarily be
major intersections or locations with recent or existing
business activity. Such rural business and industrial uses
should be those that provide services to rural areas or that
are more appropriate in rural than in urban areas."
None of the review agencies expressed concern over this
rezoning. There is little anticipated impact on traffic, the
site itself, or on surrounding uses. The major adverse impact
would appear to be the visual impact from Route 50 of a used
car lot in the otherwise rural area. A rezoning would also
set a precedent for this area. In changing the zoning on a
particualar parcel you potentially change the character of a
larger area.
The major issue seems to be whether the application
sufficiently addresses impacts in such a way that if a
precedent is set by approving the rezoning, the Commission
would feel comfortable approving other rezonings in rural
areas, under similar circumstances, with similar proffers.
The proffer statement in no way addresses visual impacts other
than to limit the number of automobiles to be displayed at a
given time to one dozen.
STAFF RECOMMENDATIONS FOR 11/03[93 PC MEETING• Given the fact that
the proposed use does not meet a need of the rural area or is not
more appropriate in a rural area than an urban area, has potential
negative visual impacts, and is located in a general area which is
not appropriate for business uses, the staff recommendation is for
denial of the application.
A7 o- e- k,/%, GL 4 G4 Wo i0J , LL 5 i,aSs
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REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
----------------------------------------------------------------
To be completed by Planning Staff:
Zoning Amendment Number 00q-9 3 Date Received 1p-7-9 3
Submittal Deadline Ip -$- 3 Application Date
PC Hearing Date___L-9 - BOS Hearing Date
The following information shall be provided by the applicant:
All parcel numbers, tax map numbers, deed book pages and numbers
may be obtained from the Office of the Commissioner of Revenue, 9
Court Square, Winchester.
1. Applicant:
Name:
\A --r
Address: (v f S/ / y 0 %(f w e S %E/? 1'o A i� t
G a ►2 e iq, -7 2 -3--)Telephone : 0 3— 19—)— I V (o 0
2. Owner:
Name: (? P
Ri
Address:
Telephone:
In addition, the Code of Virginia allows us to request full
disclosure of ownership in relation to rezoning applications.
Please list below all owners or parties in interest of the land to
be rezoned:
OF pEpNN�1�
5 ': ® DEVELOP' � E
3. Zoning Change: It is requested that the zoning of the property
be changed from R R to . ate.
4. Location: The property is located at (give exact directions):
S. Parcel Identification:
21 Digit Tax Parcel Number: 133
6. Magisterial District:
7. Property Dimensions: The dimensions of the property to be
rezoned.
Total Area: /, pY Acres
The area of each portion to be rezoned to a different zoning
district category should be noted:
Acres Rezoned to 3-Z O 8
Acres Rezoned to
Acres Rezoned to
Acres Rezoned to
Frontage: Feet
Depth: Si.- N-- TN -v-. ,,b Feet
S. Deed Reference: The ownership of the property is referenced by
the following deed:
Conveyed from: MICU ISE L 7rAm PS 40 FMS 4 Sy D I Mf C d Elf 6
Deed Page:
Deed Book Number:
E
9. Proposed Use: It is proposed that the property will be put to
the following uses.
10. Checklist: Check the following items that have been included
with this application.
Location map
Survey or plat
Deed to property
Statement verifying taxes
Sign receipt
Agency Comments
Fees
Impact Analysis Statement
Proffer Statement
11. Signature:
I (we), the undersigned, do hereby make application and
petition the governing body to amend the zoning ordinance and
to change the zoning map of Frederick County, Virginia and do
hereby certify that the application and accompanying materials
are true and accurate tg the best of my (our) knowledge.
Applicant:
Owner: Sam_
12. Representation:
If the application is being represented by someone other than
the owner or application and if questions about the
application should be directed to that representative, please
list the following.
Representative's Name:
r
Representative 'sPhone Number: LT�7) LA. -7 ZL"i
fd
.r
I (we), the undersigned, do hereby make application and
petition the governing body to amend the zoning ordinance and
to change the zoning map of Frederick County, Virginia and do
hereby certify that the application and accompanying materials
are true and accurate tg the best of my (our) knowledge.
Applicant:
Owner: Sam_
12. Representation:
If the application is being represented by someone other than
the owner or application and if questions about the
application should be directed to that representative, please
list the following.
Representative's Name:
r
Representative 'sPhone Number: LT�7) LA. -7 ZL"i
fd
ADJOINING PROPERTY OWNERS
Owners of property adjoining the land will be notified of the
public hearing. For the purposes of this application, adjoining
property is any property abutting the requested property on the
side or rear or any property directly across a road from the
requested property. The applicant is required to obtain the fol-
lowing information on each adjoining property including the
21 -digit tax parcel identification number which may be obtained
from the office of the Commissioner of Revenue.
Name
Address
and Property Identification
1 S�f1C LEE �(- prjAfA MAC
Address:
P047-A��T�� N P:,
60i � w
G c 2 C V)(\ 1 7? Zto3 l
L. U —/ -Q cu-
Property
ID : oZ 1�r p O D 19 a 0o O 00 o 00 cc/5--?
2n�1M6x) 0 )+, ft) AyyL�-w
Address:
3Vo S/N j OM5 R O'
i U> yU @. tJt S Tr. -)e1
Property
ID :a?3 ��a f1 obo0 0 0 �0 c n 3 0
3 RoIGK OQ,+SUSAN
Address:
X00i�0R-TNwcS���ee✓ PX,
�r o YL z U� -
(N ��,cJ L 1 �1
Property
ID : ,0 00 l9 06 o O 174/6
4 FSTELLC /'1'I. SUBQtI
Address:
%S/ 9i2 OwL NEST RO.
,A/01IE5U1LL25 LM • ZZ-/ Z3
Property
ID:,,J5r006146600Q00QQ0o Ug19
5,61 R E-ri
Address:
)241, &- S3
6--a R &141 -L to 3 7
Property
ID :'2 00A 00()0000 b a0o / 3 ,$
Address:
da73 �1161L77tw��'T��rtJ Pk
_
6�0 /2E U11, "2 Z 3i
Property
ID:�g-�ipA6OOo0o0cOoa 6
7
Address:
Property
ID:
8
Address:
Property
ID:
9
Address:
Property
ID:
10
Address:
Property
ID:
8
DEFTa Of N� Q
PME
AND DEVFLCT
�a;-
Hunt's Cycle Shack
6115 Northwestern Pike
Gore, VA 22737
703-877-1860
September 23, 1993
Kris C. Tierney, AICP
Deputy Planning Director`
Dept. of Planning and Development
P. 0. Box 601
linchester, VA 22601 AM.r�
RE: Impact Study on Parcel "133" =%
Back Creek District
Dear Mr. Tierney:
Rezoning of Parcel 133 in Back Creek District would not
change in any way the following:
Education
Police Protection
Fire & Rescue Protection
Parks & Recreation
Solid Waste Disposal
Other Government Activities
Rezoning of this property would not change anything in
the Back Creek District. It would, however, increase
revenue for Frederick County from the sales of vehicles
sold. This business has been here for 52 years and the
only thing changing is the rezoning from AR to B-2. All
services from the county would remain the same. The building
would also remain the same with no changes to the property
from its present state. Therefore, impact of the rezoning
will in no way be affected.
Respectfully submitted,
Ga Hunt
CC: Charles S. McCandlish
File
AMENDMENT
FREDERICK COUNTY ZONING ORDINANCE
Action:
Planning Commission Recommendation of November 3, 1993
Board of Supervisors
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
#00493 of HUNTS CYCLE SHACK
WHEREAS, Rezoning application #004-93 of Hunts Cycle Shack was submitted to rezone 1.05
acres, located west of Winchester on Northwestern Pike (Route 50 West), in the Back Creek
District, and designated by PIN 28-A-133, from RA (Rural Areas) to B2 (Business General);
and,
WHEREAS, the Planning Commission held a public hearing on this application on November
3, 1993; and,
WHEREAS, the Board of Supervisors held a public hearing on this application on ,
1993; and,
WHEREAS, the Frederick County Board of Supervisors finds this rezoning to be in the best
interest of the public health, safety, welfare, convenience, and in good zoning practice;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors,
That Chapter 165 of the Frederick County Code, Zoning Ordinance, is amended to revise the
Zoning District Map to change 1.05 acres, designated as PIN #28-A-133, from RA (Rural
Areas) to B2 (Business General) as described by the application and plat submitted, subject
to the following conditions voluntarily proffered in writing by the applicant and property
owner:
Frederick County
Frederick County
9 Court Square
Winchester, VA
September 13, 1993
Board of Supervisors
Planning Commission
22601
Reference Hunt's Cycle Shack: 1.05 acres on Route 501
Frederick County, Virginia
Tax Map No: 28-A-133
The undersigned, sole owner of land to be rezoned under rezoning
request number 004-93 , referred to as Hunt's Cycle Shack
rezoning, and the applicant for said rezoning, hereby voluntarily
proffer the following conditions, which shall apply to, and be
binding on, the administrators, assigns, and successors in interest
of both the applicant and owners. If the Frederick County Board of
Supervisors grants said rezoning and accepts the following
proferred conditions, these conditions shall apply to the land
rezoned, in addition to other requirements set forth in the
Frederick County Code:
1. No more than twelve motor vehicles will be kept for sale
on the premises and not under roof at any one time.
2. An appropriate site plan will be submitted for approval by
the County before any change is made to the structure of the
building, or to its access to Route 30.
Respectfully submitted:
This ordinance shall be in effect upon its passage.
Passed this day of , 1993.
A Copy Attest
John R. Riley, Jr.
Frederick County Administrator
REZONING: #004-93 PIN: 28—A-133
Hunts Cycle Shop
COUNTY of FREDERICK
Department of Planning and Development
' 11�TEMOItANDUM °"
wa
TO: Planning Commission Members
FROM: Kris C. Tierney, Deputy Planning Director���`�
RE: Comprehensive Plan Update
DATE: October 21, 1993
703 / 665-5651
Fax 703/678-0682
Enclosed you will find a draft update of the Comprehensive Plan. The Comprehensive
Plans and Programs Committee reviewed the Plan at their October 11 meeting and
recommended the update for adoption.
Significant text additions are highlighted with s.fi df . As with last year, the population,
housing, and employment figures have been updated to reflect the most recent data. The
entire document has had relatively minor editorial changes made throughout. Other areas
of note are:
* the history section has been updated,
* information has been added on corridor study efforts,
* information has been added on the Wastewater Treatment Study for
Rural Community Centers,
* updated information has been added on our revised Rural Areas (RA)
regulations,
* a statement has been added to the Transportation section regarding
rail corridors,
* the information on emergency services has been updated,
* an updated statement on the County offices has been added to the
Capital Facilities section,
* and the information on the County's Impact Model has been updated.
If the Commission has no major policy or editorial changes they would like to make, staff
would like to request that you set a public hearing for your December i, 1993 meeting. We
could then schedule the plan to go to the Board for discussion at their meeting in
December, in hopes that they would set a public hearing date for their January 12, 1994
meeting.
If you have any questions concerning changes to the plan or comments you would like to
discuss, please let me know.
9 North Loudoun Street P.O. Box 601
Winchester, VA 22601 Winchester, VA 22604