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007-81 (Stonewall District) Westvaco Corporation - L.D. Peterson - Backfile
RECEIVED JUL 2 1 1981 Frederick Co. Planning 9 Court Square ';Winchester, Va. Box 168, Rt . 1 Clearbrook, Va. July 18, 1_981 Commission Dear Mr. Chairman and i,iembers of the Board: Since ',Iestvaco has viithdrawn its application for a 1-12 zoning of the land it owns on Rou to 11 1-forth and is now applying for an admendment to the I,Il zoning of that property, and because I will be away when their application comes before your Board and the public on Aug. 19, I would remind the Hoard of the petition presented July 15 in behalf of the residents of Route ll, north. I would also remind the Planning Commission that that petition bore the signatures of over 60 tax -paying residents of -the area (not 40, as erronously reported). I was a bit disturbed that f ror:.i the time we visited the Hampden plant of Westvaco until the July 15th meeting, the anticipated number of daily trucks to be used had been raised from the promised 10 to 20. Although the visit to the Ilampden plant resulted in the noise level having been reported as less object:'.on able than anticipated, it is, none the; less, a. noisy industry and one which the residents of Route 11 north feel could be tolerated only if very strict require- ments are embodied in any site plan offered 'Westvaco. The residents of Route 11 Forth trust that the Planning Corm-Assion, at its July 28 work session will give due consideration to -the wishes of -the residents of the area and strive for the protection of their interests. %1'e trust the Planning Commission realizes that any site plan presented at the Aug. 19 meeting must not only protect the interests of the residents od' the area but represent their wishes as well. I believe you will all agree that a wood chipper is 2 not an industry to be welcomed into an already established area of homes. In my absence, please record and voice this letter at both your July 28th and Aug. 19th meetings, as my personal sentiments regarding 'v'Vestvaco's locating in our midst. I sincerely believe it speaks for those 60 or more signers of the petition earlier pre- sented the Planning Commission Board. Thank you. Respectfully, ,1i�z-e�exrc[t (2�xtxt#� �Beyat'hmml of Manning all C-4 e. 7ejOpxxiEtif JOHN RILEY P. O. BOX 601 PLANNING DIRECTOR 9 COURT SQUARE JOHN T. P. HORNE WINCHESTER, VIRGINIA 22601 DEPUTY DIRECTOR M E M O R A N D U M TO: Department of Inspections , AT`I' sir. John W. Dennison Health Department , ATTN Mr. Herbert Sluder VA Dept. of Highways and Transportation , ATTN Mr. R. C. King Zoning , ATTN Mr. John T. P. Horne FROM: John R. Riley, Director SUBJECT: Review comments on Date June 25, 1981 Conditional Use Permit X Rezoning Subdivision Site Plan We are reviewing the enclosed request by Westvaco Corporation or their representative L. D. Peterson Will you please review the attached and return your comments to me by as soon as _ possible _ ------------=--------------------------------------------------------- This space should be used for review comments: Signature (,CJ '— Date 703/662-4532 �7-i-,r-i Zoning Amendment No. � Application Date APPLICATION FOR REZONING _.. . . . • • • • • . . • ... COUNTY 0 FREDERICK,- VIRGIITiA TO THE PLANNING CO.L•IISSIO`I AND BOARD OF SUPERVISORS OF `i4IE COUNTY OF FREDERICK, VIRGINIA _ I (i%T) , THE UNDERSIGNED, DO HEREBY RESPECTFULLY i•WE APPLICATION AND PETITION THE GOVER1\M1,TG BODY TO .MEND THE ZO`IING ORDINANCE AND TO CHANGE THE ZONING MAP OF COUNTY OF FREDERICK, VIRGINIA AS HEREINAFTER REOUESTED, AND IN SUPPORT OF TIIIS APPLICATION, THE FOLLOWING FACTS ARE SHO-WN: 1. The property sought to be rezoned is located north of Route 668 and east of Route 11 near Clearbrook (Stonewall District). It has a frontage of 760.99 feet and a depth of 1301.40 'feet and consists of 25.184 acres.: 2. The property sought to be rezoned is owned by Westvaco Corporation as evidenced by deed frM Stonewall Development Co. _ 51:9: Page 353 Registry of County of Frederick This property is designated as Parcel No. 105 B. on Tax Nap No. 33 (Note: Numbers may be obtained from the Office of Commissioner of Revenue_) 3. It is desired and requested that the foregoing property be rezoned: FROM M 1 TO M 2 4. It is proposed that the property will be put to the following use: Round pu1_pkqnnd stems will be debarked and processed into chips, loaded into vans and shipped to Westvaco's Luke, -Maryland mill. 5_ It is proposed that the following buildings will be constructed: Office/Scalp Bui-3ding - 24' x 24' _ Shop - 24' x 40' t1 • 1 j! , r f 0. The following are all of the individuals, firms, or corporations owning property aajacent to both sides and rear, and the'property in front of (across street from) the property sought to be rezoned: (Use additional pages if necessary.) NAk1E NLTTTIb?rS COMIDLETE MAILING ADDRESS (Street, Route, Box, Etc. NOS.) PAIL TAX Ik\P a Henry B. & Vi r i ni a M. 'Cl-i ne 108 33 Route #1 'Cl earbroo•k Va . b Stonewall Develo ment•Co. c Glen E. & Judy S-. Russell inr, : 87 33 sie, Jr P. 0. Box 2138, Winchester,...Va..22601 Route #1 , Box .78 Clearbrook, Va. . a R. ' Karshal:l -& Gretchen F.`-M-own 8 34. 615 Iron City Drive Pittsbug, Pa.. ;NOTE: Information may be obtained from the Office of the Commissinnar r-,f Rwor„� . • _ ., 7 -The following information is. attached to support this application = -(Use addit'necessary,- if - y,::.). 8. (a) Attached Is a copy of a 'LOCATION TRAP ..... f SCALED rI" =`22 6001' (b) Attached is a sketch showing proposed -and/or existing structures on property with _ measurements to all property -ine . SIGNATURE. OF APPLICANT: i 'A „-:,,, Wood Department MananPr . rRAILING ADDRESS of APPLICANT. Westvaco Corporation, 'Luke,* Maryland 21540 (Complete with Route, Street, Box, Etc_ NUMBERS-) .o.r. o.f.f.i.c.e. u.s.e o.n.l.y t PLANNING COMMISSION PUBLIC HEARING RECOirt2IENDAT101 OF (date) ✓ Approval El Denial SECRETARY (signed) 30ARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) Approval Denial COUNTY ADMIN. (signed) 353 If 556 HEMINHWAY TRANSPORT, INC. TO: .DEED. * / WESTVACO CORPORAfiION ' * 'G✓ / JAM/bg 1/9/80 THIS DEED, made and dated this �3 day of L(� 79-558 JOGEPH A. MASSIE. JR. AT70RN[Y AT UM WINCH[LT[R. VIR7INIA v 1980, by and between HEMMINGWAY TRANSPORT, INC., a Massachusetts a Corporation, successor in title to Stonewall Development Corpora- tion, a Virginia Corporation, party of the first part, hereinafter called the Grantor, and WESTVACO CORPORATION, Delaware Corpora- tion, party of the second part,'hereinafter called the Grantee. WITNESSETH: That Stonewall Development Corporation, a Virginia Corporation, was the titled owner of the hereinafter described property as evidenced by a Deed from Ray Boyce et , dated June 2, 1971, and of record in the Clerk's Office in the Circuit Court of Frederick County, Virginia, in Deed Book 377 at Page 302, and WHEREAS, Stonewall Development Corporation, a Virginia Corporation, was merged into Hemingway Transport, Inc., a Massa- chusetts Corporation, by certificate of approval of the Virginia State Corporation Commission, issued March 3, 1978, and became the successor in title to the said real estate; NOW, THEREFORE, THIS DEED WITNESSETH: That for and ir_ consiuerati"on of the sum, of Ten Dollars ($10. 00) , cash in hand paid and other good and valuable considerations, receipt of which is hereby acknowledged, Hemingway Transport, Inc., a Massachusetts Corporation, does hereby grant, bargain, sell and convey to Westvaco Corporation, a Delaware Corporation, with i general warranty of title and English covenants of Title, and in fee simple, all of the following described realty, to -wit: All of that certain tract or parcel of land situate in Stonewall Magisterial District of Frederick County, Virginia and fronting on the Eastern side of U. S. Route Number 11 and along the northern side of Virginia Secondary Road 668 and along the western side of the Martinsburg and Potomac Railroad now leased to and operated by the Baltimore and Ohio Railroad, and on the northern side by the remaining lands of the Grantor in accordance with the plat and survey description of H. Bruce Edens, C. L. S., of Greenway Engineering and Surveying Co., Inc., dated December 4, 1979 and r goP: 519 FAH 354 containing 25.184 acres in accordance with said survey and being the same portion of a larger tradt or parcel of land conveyed to Stonewall Development Company as aforesaid. Reference is made to the aforesaid plat and survey description and to the aforesaid Deeds for a more perfect description of the land herein conveyed. WITNESS THE FOLLOWING SEALS AND SIGNATURES: E 1. Z: Corporate Seal JOSEPH A. MASSIE, JR. ATTORNEY AT LAW WINCHESTER, VIRGINIA HEMINGWAY TRANSPORT, INC. President QBy - I .n f Secretary STATE OF MASSACHUSETTS n OF `-�� 1 -To-wit: /��C,C-� _ r 1 � a Notary Public in and for the state and Z�_ aforesaid, hereby certify that/'(i tl���L__ _ <� , whose name is sign to the Zoregoing Instrument bearing date the /J day of 7f'_ 1980, on behalf of Hemingway Transport, Inc., as its president, has acknowledged the same to be the act and deed of said Corporation before me in my State and aforesaid. GIVEN under my hand this'4 .S day of r 1980 My Commission expires Notary u}ja�; N 1 ' I 14 5r9AhP LARD DE7YEN LAND &?O.iN 'LAND $J9 355 •�. �' s7r�.�sY — .00' - 57i�S8• 55� r ' I/.O1Y ACRES ' CARTER LU,N6ER CO. j RETA/NEB PORTION • • f - . . . A � � 1 ?5. /34 ACRES s ARC-lz;,r bgR7E a, SM491'ALL L4 L�EZGk?.fDvr XAIIZP.1VY _ ✓ STtW.L-7ii4LL QSTRCT, fREG1 r/CK CU:NTr 1 17•2 [cc�e 5cscrr+v co. ova S•i 17.3 �. ,�� �. � »r+cxFs7tr�wa�i - -; . L i • I 4 j - 7 5-, 356 f a roition of the 'I And convsyed The a c c c --V-Ving plat rep_"Ct7lt5 a0 . . . deed Fcbu"y 11 1972 and recorded ordod in .. 'I to Stol.w&llr.sv5jO_t:,t rc=p:!xq by — :I the Frederick Ccanty CcIrt Clerk's Office in Deed Fook 388 et Page 126. ti The said land fronts the Faboundaryline of U.S. Paute 3-1 about one ran* South Of Pest Methodist Claurch -1-n Stonewall Di::trictj Frederick Cc-anty, Virg and is bounded P-5 fOLICwst Bee_�,ing at a pOL-,t in the cent©r of Virginia poute 668 md in the East F--st bourilary lin� Of U.S. ROutG U.S. F.Vate 3-1; thence with the boundarY line Of with the &M of a to the T—,3ft 123-76 Ft. e 2 follo-,-Lr� Coux-�e5l 11 for th Chord - N-13o471o6-E - 123-76 Ft. to a V.D.H, MnL!--5.'It I (Fadius - 5769.58 Ft-P Lae of thsnce N13'10'14"S - 760.99 Ft,.to an iron pin in the East boundary FOU�0 corner to the F.Itaintd Portion] thence with a new division 1—Ans I-e Ll and C of the Retained Portion 376'3B'33"3 1301.40 Ft- to an iron p=n corner to the oBd line of the K,_rtinsburg & Potomac Pad� _ Retained Portion and the West boundmry said bounda-ry Line 525005'00"W - Fib Way; thence bath -al) (Penn. Central) Virginia F--AAe 6681 thence with the to a poL-�t in the center of 954-98 It, jir'6.qo Ft. to the be&Lming- Rout e 6 68 g7l,�02'37"W cents- of Vir-giriia C ontA-inL-4. 25.1-04 Acres December L) "Al L_ ',Q. 4P IW9 Surveyed 14 L N C 'CK COUATY, SCr- ;uced to me on the Wes 17N. T s ;nsirument of writi 9 Ploc at meat thereto anne.tad was jac w: ri�l i I of o ackaowla�grne cer mc3 Sjc. z3c3-_)4-i of _s3 nit d to r.-,cor .z,,nd 5--54 have been paid, if Cleyle TREASURER'S OFFICE COUNTY 0131 li REMERTCIL P. O. Box °2*25 WINCHESTER, VIRGINIA 22601. DOROTIII 13. NECIi LI61, TRRASURER June 25, 1981 TO WHOM IT MAY CONCERN: All taxes for the years 1978 through 1980 are paid in full on 35.58 acres in the name of Stonewall Development Co. in Stonewall District 13I10,N% 66:'.-6611 Dorothy B. Keckley \ Treasurer 662-1�2 FILE No. FREDERICK COUI�f1Y, VIRGINIA DEPARTEIENT OF PLAVN I NG :VM DEVEI- 0 ANT OFF ICE OF ZONING ADMINISTRATOR 9 COURT SQUARE, WINCHESTER, VIRGINIA 22601 CERTIFICATE OF CLASSIFICATION AND LEGALITY OF USE IN ACCO_pR ANCE WITH ZONING ORDINANCE* +DATE LOCATION OF PROPERTY C46 R t`�000 11 -t PRESENT DeINER 5 f QNF LJ,A%J— 7)Q/F�ORMeA/7F Co #p ADDRESS TELEPHONE NO, PRESENT USE OF PROPERTY_ REQUESTED USE CHANGE CIF APPLI CABLE) ! O STct,flc: jF- 6ND C V jPpiA,(e u TYPE OF BUSINESS, IF ANY �J��w'oo� �ONGEn/%�fj%/0►^� y9�A �' I�RaGtss��y�� QF SIGNATURE OF NWQ-R OR AUTHORIZED AGENT �✓�s'%VAGD C 7-o. i3rX 222 ADDRESS OF AGENT, IF ANY_ kj- TnEt-L0J/ A « 'y. TELEPHONE NO OFFICE USE n THIS PROPERTY is LOCATED I N A_ M - ,` - �` �� - DISTRICT THIS USE CONFORMS TO THE PROVISION OF THE ZONING ORDINPuNCE AND IS THEREFORE A LEGAL USE. �) THIS USE EXISTS IN VIOLATION OF THE ZONING ORDIN.ANCE. THIS USE IS A LAWFUL NON-CONFORMINGG USE. CHECKED AND APPROVED DATE C / 7 ONING ADmINISTRATOR / THIS CERTIFICATE IS MEANT TO ATTEST TO THE ZONING STATUS OF A PROPERTY, AND IN NO �M MAY IT BE CONSTRUED AS AN OCCUPANCY PEP.il1IT OR AN APPLICATIO;' FOR SAME. Zoning Amendment No. Application Date APPLICATION FOR REZONING _ . . . . COUNTY OF FREDERICK,-. VIRGIIIA TO THE PLANNING CO%24ISSION AND BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA I (WE), THE UNDERSIGNED, DO HEREBY RESPECTFULLY MAKE APPLICATION AND PETITION THE GOVERNING BODY'TO AMEND THE ZONING ORDINANCE AND TO CHANGE THE ZONING MAP OF COUNTY OF FREDERICK, VIRGINIA AS HEREINAFTER REQUESTED, AND IN SUPPORT OF THIS APPLICATION, THE FOLLOWING FACTS. ARE SHOWN: 1. The property sought to be rezoned is located north of Route 668 and east•of Route 1.1 near Clearbrook (Stonewall' District). It has a frontage of 760.99 feet and a depth of 1301.40 'feet and consists of 25.184 acres.: 2. The property sought to be rezoned is owned by W2StVdCO Corporation as evidenced by deed from Stonewall Deve1opMent Co. rernr,:!e i ;n.,oU Page 353 ., Registry of County of Frederick This property is designated as Parcel No. 105 B on Tax clap No. 33 (Note: Numbers may be obtained from the Office of Commissioner of Revenue.) 3. It is desired and requested that the foregoing property be rezoned: FROM M l To M 2 4. It is proposed that the property will be put to the following use: Round ii nd stems will be debarked and processed into chips, loaded into vans. and shipped to-Westvaco's Luke, Maryland mill. 5. It is proposed that the following buildings will be constructed: Offi ce/Scal e Ri,i Td i nq - 24' x 24' Shop - 24' x 40' 6_ The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear, and the property in front of (across street from) the property sought to be rezoned- (Use additional pages if necessary.) NAME nu Numbers COMPLETE MAILING ADDRESS (Street, Route, Box, Etc. NOS.) PARS;: TAX MAP Henry B. & Vir inia M..•Cl'ine .108 33 Route #1 Box 177 Clearbrook Va. b Stonewall Develo ment'Co. 105., On Joseph P. 0. Box 2138, Winchester Va. 22601 Glen E. & Judy S. Russell R. Marshall &Gretchen F.-'Brown 87 8 33 34. Route #1 , Box .78 Clearbrook, Va. 615 Iron City Drive Pittsburg, Pa. • e f h f Rev ) (NOTE: Information may be obtained from the Oil ice of the Commissioner o e e. :. 7.:.The following information is attached to support this application -....:-(Use additional pages if-necessar 8. �(a) Attached is a copy of a LOCATION P/IAP _ .... ~SCALED �1" =�2, 000+' " `Y"' ' ''�~ _• (b) Attached is a sketch showing proposed and/or existing structures on property with measurements to all propertyine SIGNATURE OF APPLICANT:- , Wood -Department Manager MAILING ADDRESS OF APPLICANT: (Complete with Route, Street, Box, Etc- NUMBERS _ ) Westvaco Co ration,'Luke; Maryland 21540 f.o.r. o.f.f.i.c.e, u.s.e. o.n.l.y PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) EJ Approval Denial SECRETARY (signed) _ BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) Q Approval EJ Denial COUNTY ADMIN. (signed) 355 7 SWAW L4A0 DDi4EN LAND &9aW ILAAV- Ac 355- C-10. oe r 11.019 ACRES CARTER LUM&CR CO. RETAINED PORr1OV a Q - a ----------— wr Szj -44 K Z5.184 ACRES RAa- 576�%, CA. 7*, ARC.113.mr STLVE'W4LL OISTRCr,,cj—yf-DRtX CCWrr WALE I-z.WLCC'4, S7V % nw Co. ovr_ 44 A17-3 e T.nC arPTnm - REZONING REQUEST #007-81 Westvaco Corporation 25.184 acres zoned M-1 (Industrial Limited) to be rezoned to M-2 (Industrial General) North of Route 668 and east of Route 11 near Clearbrook. MAGISTERIAL DISTRICT: Stonewall Magisterial District ADJACENT LAND USE AND ZONING: Industrial and Agricultural Zoning and Land Use. PROPOSED USE AND IMPROVE[✓TENTS: To be rezoned to M-2 (Industrial/General). Round will be debarked and processed into chips, loaded shipped to Westvaco's Luke, Maryland mill. It is a 24' X 24' office/scale building and a 24' X 40' constructed. Approximately 20 trucks a day will leave the site. Hours of operation will be 8:00 p.m., weekdays. REVIEW EVALUATIONS: pulpwood stems into vans and proposed that shop will be arrive and a.m. to 5:00 Virginia Dept. of Highways and Transportation - No objection to the rezoning. Health Department - No objection; drainfield site for maximum of 12 employees has been located and permit has been issued. Iartment of Inspections - Shall comply with Use Group F, Section 205.0, office building shall comply with Use Group B, Section 204.0 and shop building shall comply with Use Group S-1, Section 210.2 of the BOCA Building Code. Additional comments will be given at time of plans review. Planning and Zoning - A site visitation was conducted with Westvaco officials in Hampton, South Carolina on July 8, 1981. County representation consisted of members from the Planning Commission, Board of Supervisors, staff and a local resident. A comprehensive visual inspection was conducted to determine impact on surrounding uses. Sound metering devices were used to determine noise levels at varying intervals on the site. The following readings were taken: "A" Scale 100 feet from the chipper 78 DBA 500 feet from the chipper 69 DBA 750 feet from the chipper 55 DBA 0 feet from a moving truck 92 DBA Westvaco Corporation Page Two Equivalency Comparisons Whisper 50 DBA Normal Conversation 70 DBA Shouting 92-100 DBA Standards Being Considered by Department of Planning and Development: (Please see attached information) Long Range Issues: The use as proposed does not conform to the policies and objectives as outlined in the Comprehensive and 1990 Land Use Plans for Frederick County. It should be noted, however, that a considerable amount of Industrial Zoning changes have taken place in the Route 11 North corridor which will void many policy implications in the plan for this area. It is most important, with this fact in mind, that new issues which arise in this area be reviewed on a case by case basis while the Comprehensive Plan is being updated. Issues to be Considered: 1. Impact on surrounding properties. 2. Precedent setting of M-2 zoning in the area. 3. Need for the proposed use. 4. Compliance with recent changes in policy along the Route 11 North corridor. Alternative Solution: Another solution to this request from Westvaco would be to amend the zoning ordinance to allow this type of use in an M-1 category. This would eliminate the possibility of creating a precedent of M-2 zoning in the area and leave the M-1 zoning pattern in tact. If the Commission should choose this alternative, Westvaco could withdraw their request. This would entail readvertising which would have to be done concurrently in order for the Commission to hear the case on August 5, 1981 and the Board on August 12, 1981. Please note in the case of amending the text of the zoning ordinance, no adjacent property owners would be notified, as required by law. Westvaco Corporation Page Three Suqqested wording to amend the text: Amend Section 21-120 (a) by the addition of... ...tobacco, wax, yarn, and wood. Wood sawmills, planing mills, and wood chipping operations shall meet the following conditions: 1. All processing equipment shall be fully enclosed within a roofed structure. 2. All outside storage shall be fully screened in accordance with Section 21-122 of this Chapter. 3. Wood or wood products storage shall meet the structural setback requirements of this chapter and shall be limited to a one week supply or production at normal operating conditions. STAFF RECOMMENDATIONS: The Planning Commission has two choices regarding this case: 1. Consider the issues of the rezoning proposal and the background material researched by the fact finding tour to South Carolina. 2. Consider the withdrawl of the application and the amendment proposal to the text. Article I -A. Performance Standards Sec. 21-7.1. Applicability of Performance Standards. (a) Unless more restrictive standards are established in the district regulations or by other specific provisions of this ordinance, the following performance standards shall apply. (b) Except as otherwise provided herein, measurements relating to conformity with performance standards shall be applied at lot boundaries and shall apply to uses and operations on the lot, except constuction or demolition of structures. (c) When the Administrator has reason to believe a violation of the Performance Standards is taking place, he may require the owner or operator of the establishment to furnish data to verify compliance with the applicable performance standards. Sec. 21-7.2. Noise Regulation (a) Method of measurement. Sound level meters, meeting ANSI S1.4-1971, Type 2 standards shall be employed in measurements used in the enforcement of these regulations. Location and timing of measurements shall be so arranged to exclude noises emanating from off the premises involved, or a correction factor reasonable under the circumstances shall be applied to compensate for off -premise noises. Sounds of short duration, as from forge hammers and punch presses, which cannot be measured accurately with a sound level meter, shall be measured with the impact noise analyzer, meeting ANSI S1.4-1971, type 2 standards to determine peak value of the impact. For sounds measured with an impact noise analyzer, the sound pressure levels may be increased to the extent of six (6) decibels over and above the levels indicated in the table in Sub -section (c) below. (b) Noise level within specific districts: (1) In M-2 General Industrial Districts, sound pressure levels from any use shall not exceed at any point at or beyond the district boundary, the maximum number of decibels set forth in Sub -section (c) below; provided, however, that where the M-2 General Industrial District adjoins a Residential District or area within other districts which are predominantly residential in nature, the maximum sound pressure levels at or beyond the M-2 General Industrial District boundary shall be reduced seven (7) decibels from levels indicated in said table for hours between 8 a.m. and 6 p.m., and shall be reduced to ten (10) decibels between 6 p.m. and 8 a.m. (2) In M-1 Light Industrial Districts, sound pressure levels from any activity shall not exceed at any point at or beyond the lot boundaries the maximum number of decibels as set forth in Sub -section (c) below; provided, however, where such districts adjoin a Residential District or area within other districts which are predominantly residential in nature, the maximum sound pressure levels at or beyond the lot boundary shall be reduced seven (7) decibels from the levels indicated in said table for hours between 8 a.m. and 6 p.m. and shall be reduced ten (10) decibels between 6 p.m. and 8 a.m. (c) Maximum permitted sound pressure level (SPL) measured in dba (decibels, A weighted scale). (1) The maximum SPL accumulated over a 15 minute period shall not be over 85 dba. (2) Maximum permitted SPL accumulated over a 15 minute period at property boundaries for moving vehicles shall not be over 95 dba. Sec. 21-7.3. Air Pollutants. There shall be no emission of fly ash, dust, dirt, fumes, vapors, or gases into the atmosphere from any operation to any extent that could cause any damage to the public health or to animals or vegetation, or to other forms of property. All air pollution shall be governed by the applicable Virginia Air Pollution Laws. Sec. 21-7.4. Outside Lighting. Outside lights may be used provided all lighting is directed away from surrounding properties to the extent that no direct illumination occurs beyond the property lines of the industry using outside lighting. c mr. 11resident and T,iernbers of the Board::l It was my good fortune to be included in the group who recentl�r, visited the -�:Vestvaco plant in Henpden, S.C., a. trip financed by that co-mpany. At the risk of sounding very ungrateful,, 1: feel that, in good faith, I _roust voice my op_)osition to their plan to locate in our Area. I sincerely believe this opposit .on is a rofl_ection of the general feeling of the entire community. In support of this, I submit a petition which bears the signature o_C' practically every tax -paying resident of the area concerned, residents of Route 11 t?orth who feel the rezoning of this particular parcel of land to 1,12 would have an adverse effect on their lives. These are people who have chosen our community for their homes because of the beauty and serenity of the e` i :"!'!,'!any are retired folk who do not adjust readily, nor easily, to environmental changes and who see this proposed. rezoning as a real threat to their ray of life. It is certainly true that sue}a a change in zoning might well. act as a Pandora's box, w11ich mould. destroy t}I.e residential character of the neighborhood.. To open the .Aiva to a. M2 zoning would be an invitation to industries of any sort creating just the opposite of what the taxpayers of this area sought. route 11. worth is now a well -landscaped, well kept area and is one of the nicer approaches to ',li nchester-we would keep it so. ;1e cannot but realize the grave danger a M2 zoning presents to an area. ;le all know that industrialization invariably leads to greater :pollution, additional noise, increased heavy traffic, a depreciation of property values and the opportunity for crime. Although Vlestvaco has .0romised to protect the landscape and to provide noise barriers in the Porn] of a fence, and trees, �r1e all know that trees to not become tall trees overnight. Furthermore, it is very dubious that any other industr;� coining into -this area, if rezoned 'M2, could., or :lould., be bound by any suC.l). CUosideratioij. ;mile we appreciate the.Fact -chat Westvaco offers cI rll_ for a few people -- possibly for 3 and not more than 10, we cannot welcome an industry that offers so little at the expense of an already well -es- tablished community. sle trust you will consider our petition and vote nay on Viestvaco's ap-.-,licat-i on for rezoning of -chic particular parcel of land. Thank you. To the Frederick County Planning Conmission '.Oe, the undersigned tax,;ayers of the Stonewall District cf Frederick County, respectfully request the Frederick County Planning C,mmission to accept this petition as our voice of objection to the re -zoning to of the parcel of land designated as 105 on zoning map 33 of the Stonewall District, as a_ 1:lied for by the West Virginitt Pulp Ec Paper Co. Vie firmly believe a change in zoning to 1.12 would constitute a nuisance and be very detrimental to the peace and quiet of what is now a -)lea--ant, residential area. Heavy traffic on our portion of route 11 oculd be substantially increased, and we believe an 1,:2 zoning would have an adverec effect on the va-lue of our homes. Vie recognize both the cost and hard work of the PlanninC Committee on the most recent re -zoning of our county and would resent any ignorinC of their recommendations by a negation of their efforts. We desire to ihave this particular parcel of lard remain in the IU cataCory of zoning, as determined by the 21anning Committee. I 2_'e7'- rn 'Thr + `yhrs Q'. �� Rf �3o,c gad C'%6� i�� /2_ 75 RIC • �►...1 �cX 1�3 C�I�rbfc� 41 C� .ki 1// 6,x'1774 r�' Z 7 2pr 1, 7J40.. 177 L74�� G`2-z779 4t �Q . 0 C_LtA- /i, to. f-&c-e- /Q) l64 cb-L, Z11a. II SIP. 4> X4. --�-.tZ,zy woo 6YJ c �' Gov ?% A, 97,4 To Date Time W LE YOU VYEAE OUT M of Phone Area Code Number Extension TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL Message Operator EFFICIENCY LINE NO. 4725 AN AMPAD PRODUCT I I t i� ��'?- 7 ��� �G�-5y�3 c�© 2 S . � �_ � �U� �' �3s �.-�- ash � �=� �����,�- __-- RECEIVED JUL 2 1 1981 Frederick Co. Planning, 9 Court Square !Iinchester, Va. Pox 1683 Rt. 1 Clearbrook, Va. July 18, 1981 Commission Dear Mir. Chairman and Members of the Board: Since "'Iestvaco has withdrawn its application for a 1.12 zoning of the land it owns on Route 11 Horth and is now applying for an admendment to the 1,11 zoning of that property, and because I will be away vihen their application comes before your Board and the public on Aug. 19, I would remind the Board of the petition presented July 15 in behalf of -the residents of Route 11, forth. I would also remind the Planning Commission that that petition bore the signatures of over 60 tax -paying residents of the area (not 40, as erronously reported). I was a bit disturbed that from the time we visited the Hampden plant of %`Iestvaco until the July 15th meeting, the anticipated number of daily trucks to be used had been raised from the promised 10 to 20. AlthouEh the visit to the IIarrpden plant resulted in the noise level having been reported as less object,: -'tor able thaii anticipated, it is, none the less, a noisy industry and one whiciz the residents of Route 11 North feel could be tolerated only if ver�T strict require- ments are embodied in any site plan offered ',lestvaco. The residents of route 11 North trust that the Planning Commission, at its July 28 ,,iork session will give due consideration to the wishes of the residents of the area and strive for the protection of their interests. t7e trust the Manning Commission realizes that any site plan presented at the Aug. 19 mectinor must not only protect -the interests of the residents od' the area but represent their wishes as well. I believe you will all agree that a wood chipper is 1 14 0 not an industry to be wolco.mod into an already established area of homes. In my absence, please record and voice this letter at both your July 28th and Aug. 19th meetings, as my personal sentiments rcg^rding ""Iestvacots locating in our midst. I sincerely believe it speaks for those 60 or more signers of the petiti_on earlier pre- sented the -'lanning Cominission Doard. Thank you. I.- .r�i �-.7 `. :w�'S��:';:t,?ii}):�s��Z�(t'.t��!%•`i=tr4�%iviv+!?;� Respectfully, z l.ir. 2resident and I,,iembers of the 3oardi it was my good fortune to be included in the group who recentl3, visited the `Olestvaco plant in "ze?iipden, S.C., a trip financed by that com.-any. At the risk of sounding very ungrateful, 1 feel that, in good faith, 1 must voice my op_osition to their plan to locate in our -rea, I sincerely believe this opposit'_on is a reflection of the general feeling of the entire community. In support of this, I submit a petition ifnich bears the signature of practically every tax -paying resident of the area concernedy residents of Route 11 North who feel the rezoning of this particular parcel of land to 1,12 would have an adverse effect on their lives. These are people who have chosen our community for their homes because of the beauty and serenity of the 4'11any are retired folk who do not adjust readily, nor easily, to environmental changes and who see th's proposed rezoning as a real threat to their way of life. it is certainly true that such a change in zoning might well act as a Pandora's box which would destroy the residential character of the neighborhood. To open the 4rea to a M2 zoning would be an invitation to industries of any sort creating just the opposite of what the taxpayers of this area soug_Zt. Loute 11 North is now a well-laAdscaped, well kept area and is one of the nicer approaches to '�linchester-we would keep it so. Ide cannot but realize the grave danger a TY12 zoning presents to an area. IlIe all know that industrialization invariably leads to greater pollution, additional noise, increased heavy traffic, a depreciation of property values and the opport.inity for crime. Although Westvaco has promised to ,3rotect the landscape and to provide noise barriers in the form of a fence, and trees, we all know that trees to not become tall trees overnight. Furthermore, _t is very dubious that any otter industr� coming into this area, if rezoned ',�2, could, or would, be bound by any such consideration. '�°u�riile we appreciate the fact that Westvaco offers work for a few 1 people - possibly for 3 and not more than 10, we cannot welcone an industry that offers so little at the expense of an already well -es- tablished community. 'Tie trust you i1r'!ll consider our petition and vote nay on Westvaco's ao licat:i.on for rezoning of this particular ;parcel of land. Thank you. To the Frederick County Planning Commission We, the undersigned ta,sayers of the Stonewall District of Frederick County, respectfully request th e Frederick County Planning C )mmission to accept this petition as our voice of objection to the re -zoning to M of the parcel of lanc. designated as 105 on zoning map 33 of the Stonewall District, as a1 Plied for dry the West Virglnia Pulp & Paper Co. We firz,�ily believe a change in zoning to 1,12 Would constitute a nuisance and be very detrimental to the peace and quiet of what is now a :pleasant, residential area. 'Heavy traffic on our portion of route 11 would be substantially increased, and we believe an 112 zoning would have an adverse effect on the value of our homes. We recognize both the cost and hard work of the Planning Committee on the most recent re -zoning of our county and would resent any ignoring of their recomrlendations by a negation of their efforts. c tiVe desire to ihave this particular parcel of lard remain in the Ml catagory of zoning, as determined by the Planning Committee. . N 1 K7 �r �- %�l'Gr's � f �tita.�-� �• %' l�F� �f 1 �e7e ��.a �%a��'�e' Y p- r��v /Z, • -'—I fox ! 0I,66 rbrc)�K 6If-1611 d r jr( 0.olY f ✓A U-&,Vt -7 -7 Z 777 ('au�yx i1 LSE/ ir)C"u�'�! I aL4 m /,?- / 13,61P / 66 � 1 (44-V X, . -.� -t Z, 1,9 '77) Pam' ✓ �� ` ' �q S1 51�11 6--� I Aty 97/1 C'Aa L0 7 A. { I . r° RECEIVED JUL 2 1 1981 Frederick Co. Planning 9 Court Square ?'linchester, Va. Box 168, Rt. 1 Clearbrook, Va. July 18, 1981 Commission Dear I.Ir. Chairman and I1Iembers of the Board: Since "Iestvaco has withdrawn its application for a Ir42 zoning of the land it owns on Route 11 north and is now applying for an admendment to the 1,11 zoning of that property, and because I will be away when their application comes before your Board and the public on Aug. 19, I would remind the Board of the petition presented July 15 in behalf of the residents of Route 11, forth. I would also remind the Planning Commission that that petition bore the signatures of over 60 tax -paying residents of the area (not 40, as erronously reported). I was a bit disturbed that from the time we visited the Hampden plant of Vlestvaco until the July 15th meeting, the anticipated number of daily trucks to be used had been raised from the promised 10 to 20. Although the visit to the Iiampden plant resulted in the noise level having been reported as less object:- o?-. able than anticipated, it is, none the less, a noisy industry and one which the residents of Route 11 North feel could be tolerated only if ver�T strict require- ments are embodied in any site plan offered Westvaco. The residents of route 11 North trust that the Planning Commission, at its July 28 iwork session will give due consideration to the wishes of the residents of the area and strive for the protection of their interests. !7e trust the Planning Commission realizes that any site plan presented at the Aug. 19 meeting must not only protect the interests of the residents od' the area but represent their wishes as well. I believe you will all agree that a wood chipper is ON not an industry to be welcomed into an already established area of homes. in my absence, please record and voice this let -ter at both your July 28th and Aug. loth meetings, as my personal sentiments regarding Westvaco's locating in our midst. T sincerely believe it spears for those 60 or more signers of the petition earlier pre- sented the Manning Coinzwnissi on Board. Thank you. Respectfully, `e i,1r. i resident and 1: embers o* the 3oard..: it was my Good fortune to be included in the Proup who recently, visited the `Vestvaco plant in Hei,ipden, S.C. , a, trip financed by that company. At the risk of soundi nr; very ungrateful, 1 feel that, in good faith, I must voice my opiosition to their plan to locate in our area. I sincerely believe this opposit_.on is a reflection of the general feelins of the entire community. In sup°.Dort of this, 1. subini t a petition zaail ch bears the si ;nature of practically every, ta_.-pa�Ting resident of the area concerned, residents of Route 11 _forth who feel the rezoning; of this particular parcel of land to i,12 would have an adverse effect on their lives. These are people who have chosen our community for their homes because of the beauty and serenity of the "-.11.Iany are retired folk who do not adjust readily., nor easily, to environmental changes and who see this proposed rezoning as a real threat to their way of life. It is certainly true that such a change in zoning; might well act as a Pandora's box which would destroy the residential character of the neighborhood. To open the q,,r 'a to a D12 zorii.-ri" would be an i rivitation to industries of any"sort creatin- just the opposite of w1nat the taxpayers of this area sought: Route 11 North is now a 1}yell-la_�dscaced, well kept area and is one of the nicer approaches to 't'li nchester-tire would keep it so. Pete cannot but realize t1ie grave danger a 1412 zoning presents to an area. 1�le all l�no.� that industrialization invariably leads to greater -pollution, additional noise, increased heavy traffic, a depreciation of property values and the opportunity for crime. Although 'tVestvaco has -oromised to protect the landscape and to provide noise barriers in the form of a fence, and trees, we all knoix that trees to not beco--me tall trees overnijilt. urt11er�aore, _t is very dubious that any otter industry coining into "this area, if rezoned _,12, could or '.could be bound oy any sucl'1 cons L�ideraton. illile vie appreciate thefact that .`leS'tVaCO Offers �701'k for a felt' people - -oossi b1y for. 3 and not more thorn 10, we cannot welco~.le an industry that offers so little at the expense of an already viell-es- tablished community, Tle trust you vri ll consider our petition and vote nay on iTestvaco's am: licati on for rezoninf of this particular parcel of land. Thant: you. r ♦ � To the Frederick County Planning Coimii ssi on '.1e, the undersigned ta.l;ayers of the Stonewall District of Frederick County, respectfully request t e Frederick County Planning C n—mission to accept this petition as our voice of objection to the re -zoning to 111,22 of the parcel of land designated as 105 on zoning map 33 of the Stonewall District, as al plied for by the West Virginia Pulp Ea Paper Co. de firmly believe a change in zoning to 112 would constitute a nuisance and be very detrimental to the peace and quiet of uhat is now *a ?leasant, residential area. Heavy traffic on our portion of route 11 vnuld be substantially increased, and we believe an 112 zoning would have an adverse effect on the value of our homes. No recognize both the cost and hard aorh of the Planning Committee on the most recent re -zoning; of our county and viould resent any ignoring of their recoraiendations by a negation of their efforts. Vie desire to -[have this particular parcel of lard remain in the U catagory of zoning, as determined by the Planing Committee. Mr tit . ter- ��- ✓� �,-fie- t.(i 193A SL 6e e 177 x',4 Ltd Q^N., A t •..�, .:::!_, ,.. _i it '. ... (' - i:! �: :?Cti.' - � � C .: �+:it ..) ' ioc ... 4-1 4I YA 1' `ve a� on t::• .. d tlr :ui�•mien -,,s REZONING REQUEST )[007-81 Westvaco Corporation \25..84'acres zoned M-1 (Industrial Limited) to'be rezoned to M-2 (Industrial General) LOCATION: North of Route 668 and east of Route 11 near Clearbrook. MAGISTERIAL DISTRICT: Stonewall Magisterial District ADJACENT LAND USE AND ZONING: Industrial and Agricultural Zoning and Land Use. PROPOSED USE AND IMPROVEMENTS: To be rezoned to M-2 (Industrial/General). Round pulpwood stems will be debarked and processed into chips, loaded into vans and shipped to Westvaco's Luke, Maryland mill. It is proposed that a 24' X 24' office/scale building and a 24' X 40' shop will be constructed. Approximately 20 trucks a day will arrive and leave the site. Hours of operation will be 8:00 a.m. to 5:00 p.m., weekdays. REVIEW EVALUATIONS: Virginia Dept. of Highways and Transportation - No objection to the rezoning. Health Department - No objection; drainfield site for maximum of 12 employees has been located and permit has been issued. Department of Inspections - Shall comply with Use Group F, Section 205.0, office building shall comply with Use Group B, Section 204.0 and shop building shall comply with Use Group S-1, Section 210.2 of the BOCA Building Code. Additional comments will be given at time of plans review. Planning and Zoning - A site visitation was conducted with Westvaco officials in Hampton, South Carolina on July 8, 1981. County representation consisted of members from the Planning Commission, Board of Supervisors, staff and a local resident. A comprehensive visual inspection was conducted to determine impact on surrounding uses. Sound metering devices were used to determine noise levels at varying intervals on the site. The following readings were taken: "A" Scale 100 feet from the chipper 78 DBA 500 feet from the chipper 69 DBA 750 feet from the chipper 55 DBA 0 feet from a moving truck 92 DBA Westvaco Corporation Page Two Equivalency Comparisons Whisper 50 DBA Normal Conversation 70 DBA Shouting 92-100 DBA Standards Being Considered by Department of Planning and Development: (Please see attached information) Long Range Issues: The use as proposed does not conform to the policies and objectives as outlined in the Comprehensive and 1990 Land Use Plans for Frederick County. It should be rioted, however, that a considerable amount of Industrial Zoning changes have taken place in the Route 11 North corridor which will void many policy implications in the plan for this area. It is most important, with this fact in mind, that new issues which arise in this area be reviewed on a case by case basis while the Comprehensive Plan is being updated. Issues to be Considered: 1. Impact on surrounding properties. 2. Precedent setting of M-2 zoning in the area. 3. Need for the proposed use. 4. Compliance with recent changes in policy along the Route 11 North corridor. Alternative Solution: Another solution to this request from Westvaco would be to amend the zoning ordinance to allow this type of use in an M-1 category. This would eliminate the possibility of creating a precedent of M-2 zoning in the area and leave the M-1 zoning pattern in tact. If the Commission should choose this alternative, Westvaco could withdraw their request. This would entail readvertising which would have to be done concurrently in order for the Commission to hear the case on August 5, 1981 and the Board on August 12, 1981. Please note in the case of amending the text of the zoning ordinance, no adjacent property owners would be notified, as required by law. Westvaco Corporation Page Three Suggested wording to amend the text: Amend Section 21-120 (a) by the addition of... OLD WORDING: ...tobacco, wax, yarn, and wood. Wood sawmills, planing mills, and wood chipping operations shall meet the following conditions: 1. All processing equipment shall be fully enclosed within a roofed structure. 2. All outside storage shall be fully screened in accordance with Section 21-122 of this Chapter. 3. Wood or wood products storage shall meet the structural setback requirements of this chapter and shall be limited to a one week supply or production► at normal operating conditions. STAFF RECOMMENDATIONS: The Planning Commission has two choices regarding this case: 1. Consider the issues of the rezoning proposal and the background material researched by the fact finding tour to South Carolina. 2. Consider the withdrawl of the application and the amendment proposal to the text. Article I -A. Performance Standards Sec. 21-7.1. Applicability of Performance Standards. (a) Unless more restrictive standards are established in the district regulations or by other specific provisions of this Ordinance, the following performance standards shall apply. (b) Except as otherwise provided herein, measurements relating to conformity with performance standards shall be applied at lot boundaries and shall apply to uses and operations on the lot, except constuction or demolition of structures. (c) When the Administrator has reason to believe a violation of the Performance Standards is taking place, he may require the owner or operator of the establishment to furnish data to verify compliance with the applicable performance standards. Sec. 21-7.2. Noise Requlation (a) Method of measurement. Sound level meters, meeting ANSI S1.4-1971, Type 2 standards shall be employed,in measurements used in the enforcement of these regulations. Location and timing of measurements shall be so arranged to exclude noises emanating from off the premises involved, or a correction factor reasonable under the circumstances shall be applied to compensate for off -premise noises. Sounds of short duration, as from forge hammers and punch C presses, which cannot be measured accurately with a sound level meter, shall be measured with the impact noise analyzer, meeting ANSI 51.4-1971, type 2 standards to -determine peak value of the impact. For sounds measured with an impact noise analyzer, the sound pressure levels may be increased to the extent of six (6) decibels over and above the levels indicated in the table in Sub -section (c) below. (b) Noise level within specific districts: (1) In M-2 General Industrial Districts, sound pressure levels from any use shall not exceed at any point at or beyond the district boundary, the maximum number of decibels set forth in Sub -section (c) below; provided, however, that where the M-2 General Industrial District adjoins a Residential District or area within other districts which are predominantly residential in nature, the maximum sound pressure levels at or beyond the 14-2 General Industrial District boundary shall be reduced seven (7) decibels from levels indicated in said table for hours between 8 a.m. and 6 p.m., and shall be reduced to ten (10) decibels between 6 p.m. and 8 a.m. (2) In M-1 Light Industrial Districts, sound pressure levels from any activity shall not exceed at any point at or beyond the lot boundaries the maximum number of decibels as set forth in Sub -section (c) below; provided, however, where such districts adjoin a Residential District or area within other districts which are predominantly residential in nature, the maximum sound pressure levels at or beyond the lot boundary shall be reduced seven (7) decibels from the levels indicated in said table for hours between 8 a.m, and 6 p.m. and shall be reduced ten (10) decibels between 6 p.m. and 8 a.m. (c) Maximum permitted sound pressure level (SPL) measured in dba (decibels, A weighted scale). ( 1 ) The Fiaximum SPL accui,iulated over a 15 minute period shall not be over 85 dba. (2) Maximum permitted SPL accumulated over a 15 minute period at property boundaries for moving vehicles shall.not be over 95 dba. Sec. 21-7.3. Air Pollutants. There shall be no emission of fly ash, dust, dirt, fumes, vapors, or gases into the atmosphere from any pperation to any extent that could cause any damage to the public health or to animals or vegetation, or to other forms of property. All air pollution shall be governed by the applicable Virginia Air Pollution Laws. Sec. 21-7.4. Outside Lighting. C Outside lights may be used provided all lighting is directed away from surrounding properties to the extent that no direct illumination occurs beyond the property lines of the industry using outside lighting. I RECEIVED JUL 2 1 1981 rederick Co. ?lannin- 9 Court Square 'Anchester, Va. Dox. 139, Rt. 1 Clearbrook, Va. Julir 18, 1961 Commission Dear =:r. Chairman and Menbers of the Board: Since *.;estvaco has withdravm its application for a :.:2 �onin� of the land it ovens on Route 11 ilort.-_ anti is no:: applying for an ad.*nendment to the ::l zoninT ; of th at property, and because I vlll be a -.:a then their anclication comes before your Board and t :c public on Auk. 19, I mould re:::ind the 3oard of the petition presented July 15 in behalf of the residents of route 11, i orth. I would also rer:l-lid the Planning; Co=mission that that petition bore the si-snatures of over 60 to-payinr- residents of the urea not 40, as erronously reported). I was a b_t disturbed that fro:i the times, vie visited U Ha=ncden plait of "lestvaco until- the July 15th mectin-, the anticipated number of daily trucks to be used had been raised front the nro_ :i sed 10 to 20. 1'_lt..ou�h the visit to the ?ia:ipden plant resulted in the noise level having been reported as less object=.cn1 ablL t.1-an ant° ci ated, it is, none '-he less, a noisy industry and one which the residents of Route 11 :;orth, feel could be tolerated only iy ver;; str�' ct rec;;ire- ments ;re embodied in any site plan offered ',:cetvaco. The residents of Route 11 ;'ortL trust that thie Plann_n- Conilinsion, e..t its J111;; 28 work session v:ill I (-_ve due cons' deration to tae vris':es of the re sidonts of the area and strive for the protection of their intcrests. '.;c trust the 'tannin-, Co_-Tmission realizes t._;:t any site nl an presented at the nub. 19 Tnectin Trust not only _)rotcct the intcrests of the residents od' the area but renreser.t their :pis}.es as well. I believe you will all a -roe that a wood chin♦ er is 0 2' .7_,-.i:l t:,: ►; not an industr-7 to be weleo:nod into an already established area of homes. In -my absence, please record and voice this letter at both you= July 28 U and �u�,. 19th mecti.��,s, as ny personal sentiments rcGarc?in;; :lectvaco f s loc4ti nc- in our midst. I sincerely believe it speaks for these 60 or more sir-ners of the net tion earlier pro- sented the _ lanni nC Co amission :3oard. Than!: ou U. PCSpeCt`�1yl�T, This is to certify that the attached correspondence was mailed to the following on July 1, 1981, from the Office of Planning and Development, Frederick County, Virginia: Henry B. & Virginia M. Cline Route 1, Box 177 Clearbrook, Virginia 22624 Stonewall,Development-Co. c/o Joseph A. Massie, Jr. P.O. Box 2138 Winchester,.Virginia 22601 Glen E. & Judy;S. Russell Route 1 , Box `7$ Clearbrool�, Virginia 22624 R. Marshal & Gretchen F. Brown 615 Iron City Drive Pittsburgh, ',Pennsylvania L. D. Peterson Wood Department Manager Westvaco Corporation Luke, Maryland 21540 q 0�i�'—n R. Ril y ector STATE OF VIRGINIA, COUNTY OF FREDER K, TO -WIT I, a Notary Public in and for the State and County aforesaid, do hereby certify that JOHN R. RILEY, DIRECTOR, PLANNING AND DEVELOPMENT DEPARTMENT, whose name is signed to the foregoing, dated ' , 1981, has personally appeared before me and acknow edg d the same in my State and County aforesaid. Given under my hand this _day o91981. My Commission expires NOTARY PUBLIC 353 JAM/bg 1/9/80 79-558 JOSEPH A. MASSIE, JR ATTORN[T AT LAW WINCHEfT11R. VIRGINIA HEMINHWAY TRANSPORT, INC. TO- c : :: -DEED. WESTVACO CORPORAfiION THIS DEED, made and dated this 13 day of C�J`{tCz 1980. by and between HEMMINGWAY TRANSPORT, INC., a Massachusetts :orporation, successor in title to Stonewall Development Corpora - :ion, a Virginia Corporation, party of the first part, hereinaftez :alled the Grantor, and WESTVACO CORPORATION, Delaware Corpora - Lion, party of the second part,'hereinafter called the Grantee. WITNESSETH: That Stonewall Development Corporation, a Virginia Corporation, was the titled owner of the hereinafter described property as evidenced by a Deed from Ray Boyce et , dated June 2, 1971, and of record in the Clerk's Office in the Circuit Court of Frederick County, Virginia, in Deed Book 377 at Page 302, and WHEREAS, Stonewall Development Corporation, a Virginia Corporation, was merged into Hemingway Transport, Inc., a Massa- chusetts Corporation, by certificate of approval of the Virginia State Corporation Commission, issued March 3, 1978, and became the successor in title to the said real estate; NOW, THEREFORE, THIS DEED WITNESSETH: That for and ir. consiueration of the sum of Ten Dollars ($10.00) , cash in hand paid and other good and valuable considerations, receipt of which is hereby acknowledged, Hemingway Transport, Inc., a Massachusetts Corporation, does hereby grant, bargain, sell and convey to Westvaco Corporation, a Delaware Corporation, with general warranty of title and English covenants of Title, and in fee simple, all of the following described realty, to -wit: All of that certain tract or parcel of land situate in Stonewall Magisterial District of Frederick County, Virginia and fronting on the Eastern side of U. S. Route Number 11 and along the northern side of Virginia Secondary Road 668 and along the western side of the Martinsburg and Potomac Railroad now leased to and operated by the Baltimore and Ohio Railroad, and on the northern side by the remaining lands of the Grantor in accordance with the plat and survey description of H. Bruce Edens, C. L. S., of Greenway Engineering and Surveying Co., Inc., dated December 4, 1979 and 354 9Dci: 519 �A�i 354 containing 25.184 acres in accordance with said survey and being the same portion of a larger tract or parcel of land conveyed to Stonewall Development Company as aforesaid. Reference is made to the aforesaid plat and survey description and to the aforesaid Deeds for a more perfect description of the land herein conveyed. WITNESS THE FOLLOWING SEALS AND SIGNATURES: HEMINGWAY TRANSPORT, INC. By President 49 ,1t,��`.j fig`f t a •• � Q JOSEPH A. MASSIF, JR. ATTORNcr AT LAW WINCHESTER. VIRGINIA Corporate Seal L/ By 'h Secretary STATE OF MASSACHUSETTS n OF,_� , To -wit: a Notary Public in and for the state and Z aforesaid, hereby certify , whose name is sign d that � / u!J�_ to the .;oregoing Instrument bearing date the 13 day of .1980, on behalf of Hemingway Transport, Inc., as its president, has acknowledged the same to be the act and deed of said I Corporation before me in my State and � aforesaid. GIVEN under my hand this' day of .� . 1980I My Commission expires .� J`f Y Notary 4 1, 7) 6 W Iry _11�,Wv 17 -o ;7Z r 771 -.7 ook 50 iinl_ 356 The accOMPMVing Plat roPrs":'" a m=vcy of a poitio'n of the land conveyed DIVelo p=,ent company, by,deed (iated Februm7 11 1972 and recorded in to stonewall the Frederick Count court Clerk's office in Deed Book 388 at Page 126* y land fronts the FA5t b oundary line of U.S. Route 11 about one mile The said Rest Methodi, 5t Church in Stonewall District# P�roderick County, Vixginia. South of and 19 bow rided as follOwst Beginning at a point in the center of Virginia Route 668 and in the East line U.S. Route III thence with the Last boundary line of U.S. Route , boundary of with the arc of a curve to the Left 123-76 Ft, ll for the 2 following courses (Radius - 5769.58 Ft-r Chord - Ni3047106-E - 123-76 Ft. to a V.D.H. monument 03* 10'14"E - 760.99 Ft-. to an iron pin in the Fast boundary line of thence t. 11 comer to the Petained Portion; thence with anew division line-"-n U.3. Route and portion S76"38153'Z 1301-40 Ft- to an iron p- comer to the of the Retained no of the Martinsburg & Potomac Railroad Retained portion and the West boundarylil Central) agh+,of_WayI thence with said boundary line S25*05'00'rW (Fenn. Ce, Ft. to a 1, in the center of Virginia Route 668; thence with the 954.98 poirr, of Virginia Route 668 N714�02f3T'W 1206.90 Ft• to the beginning. center 25,184 Acres V Surveyed**s**&*e* .... December 4v 1979 4L 1411 LAND V. G'xpn:�Ay L,,j A M - 31 Duq ry, scr. 'D_E ICK C luced to me on thO of writing wasp xL4 at A is day of 19-- —1 meat thereto anne ,,ad was a acknowl:� 9 Ind with cer "Icia 0of S; &'Witied to ".:Cor Tat linuis9d DY JC been if a -sable- 5' 4 have paid, IJ and _-5 2L�L C! e rk 4 TRI:ASURI:R'S OFFICE COU-NrTY OF FPFDERUCJL P. O. Box 225 WINCHESTER, VJRGINIA 22601 DOROTIIY 13. I ECHLILY, TFZHASURISI2 PuozNic 662-6611 June 25, 1981 TO WHOM IT MAY CONCERN: All taxes for the years 1978 through 1980 are paid in full on 35.58 acres in the name of Stonewall Development Co. in Stonewall. District Dorothy B. Keckley Treasurer .. 4r etherick Gaindu RECEIVED J U L 6 1981 Dqurfinte"I of Planniits nub �k 6elopziuffl JOHN RILEY PLANNING DIRECTOR JOHN T. P. HORNE DEPUTY DIRECTOR M E M O R A N D U M TO: P. O. Box 601 9 COURT SQUARE WINCHESTER, VIRGINIA 22601 Department of Inspections , ATTN Mr. John W. Dennison Health Department , ATTN Mr. Herbert Sluder VA Dept. of Highways and Transportation , ATT N�,�`. R. C. King zoning , ATTN Mr. John T. P. Horne FROM: John R. Riley, Director _ Date June 25, 1981 SUBJECT: Review comments on Conditional Use Permit Subdivision x Rezoning Site Plan We are reviewing the enclosed request by Westvaco Corporation or their representative L. D. Peterson`_ Will you please review the attached and return your comments to me by as soon as _ possible ------------ �t space should be used for review comments: No objections to rezonins;. �'7U Signature . C- . ✓ 703/662-4532 Date 7--2- c +� PL Jo E ,�xC�Ext��2 V.17�Y1i��1 L'partille"t of Plc` titling alldk �£IQ�II�JIliL`1T P. O. Box 601 'p 9 COURT SQUARE ! WINCHESTER, VIRGINIA 22601 M E M O R A N D U M TO: Department of Inspections , ATTN Mr.,John W. Dennison Health Department , ATTN �ir. Herbert Sluder VA Dept. of Highways and Transportation , ATTN Mr. R. C. King Zoninq , ATTN Mr. John T. P. Horne FROM: John R. Riley, Director SUBJECT: Review comments on Date June 25, 1981 Conditional Use Permit K Rezoning Subdivision Site Plan We are reviewing the enclosed request by Westvaco Corporation or their representative L. D. Peterson Will you please review the attached and return your comments to me by as soon as possible _ This space should be used for review comments: Signature fi-�-i��.��,�� �j, kQ� Date 703/662-4532 Zoning Amendment No. D Application Date APPLICATION FOR REZONING - - - - - • . COUNTY OF .FREDERICf; • VIRGINIA TO THE PLANNING CO2•12-1ISSI0_I AND BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA THE UNDERSIGNED, DO HEREBY RESPECTFULLY WU<E APPLICATION AND PETITION THE GOVERNING BODY TO A1,M- ND TIIE ZONING ORDINANCE AND TO CHANGE THE ZONING MAP OF COUNTY OF FREDERICK, VIRGINIA AS HEREINAFTER REQUESTED, AND IN SUPPORT OF THIS APPLICATION, THE FOLLOWING FACTS. ARE SH0IN 1_ The property sought to be rezoned is located north of Route 668 and east'of Route 11 near Clearbrook (Stonewall District). It has a frontage of 760.99 feet and a depth of 1301.40 'feet and'consists of 25.184 acres.: 2. The property sought to be rezoned is owned by Westvaco Corporation' as evidenced by deed from Stonewall Development Co. YecoYr7nd:i•n;nnoU 51:9: Page 353 :, Registry of County of ' Frederick • r This property is designated as Parcel No. 105 B 'on Tax Map No_ 33 (Note: Numbers may be obtained from the Office of Commissioner of Revenue_) 3. it is desired and requested•that the foregoing property be rezoned: FROM M 1 To M 2 4. It is proposed that the property will'be put to the following use: Round nulnnwn0 d stems will be debarked and processed into chips, loaded into vans and shipped to Westvaco's Luke ,"Maryland mill. 5- It is proposed that the following buildings will be constructed: Office/Scale Building - 24' x 24' Shop - 24' x 40' 6_ The following are all of the individuals, firms, or corporations o�•,ning property adjacent to both sides and rear, and the'property in front of (across street from) the property sought to be rezoned: (Use additional pages if necessary.) NAME a Henry B. & Vir ihia M.-Cl*ine Nmb-ers COMIPLETE PfAILING ADDRESS (Street, Route, Box, Etc. NOS.) Route #1 C1earbrook Va. PRCFL 108 TAX MAP 33 Stonewall Develo meet Co.105 c Glen E. & Judy S'. Russell : 87 33 P. 0. Box 2138 Winchester Va.'22611 Route #1 , Box .78 Clearbrook, Va. R. ' Karslial,l & Gretchen F. Brown 8 34. 615 Iron City Drive Pitts,urg, Pa.. . -F u.:77 . .�... NOT E---Information may be obtained from the Office of the 7. The following information is -'attached to support this application ..,, _ ' (Use additional pages if necessary__.) 8. (a) Attached is a copy of a LOCATION 14AP . '�� - .... rvSCALED `1-�2,000 •.�,>_:;- =: :;..:,-;,'-,�,.:t�•^,:,; .�;�: (b) Attached is a sketch showing Proposed 'and/or existing structures onpropertywith _ measurements to all property line . SIGNATURE OF APPLICANT: / WOOd'Departmert Manager MAILING ADDRESS OF APPLICANT: Westvaco COrporation,'Luke, Maryland 21540 (Complete with Route, Street, Box, Etc_ NUMBERS_) f.o.r, o.f.f.i.c.e, u.s.e o.n.l.y PLANILING COPiMISSION PUBLIC HEARING RECOMMENDATION OF (date)El �r Approval Denial SECRETARY (signed) ' 30ARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) Approval Denial COUNTY ADMIN. (signed) R 40, 353 /_____,HEMINHWAY TRANSPORT, INC. TO: -DEED. WESTVACO CORPORA`) ION (y .I J j1 JAM�g . 5.c.9 �r.t 3 3 / 1/9/80 THIS DEED, made and dated this �3 day of 79-558 i4Rn_ by and between HEMMINGWAY TRANSPORT, INC., a Massachusetts Corporation, successor in title to Stonewall Development Corpora- tion, a Virginia Corporation, party of the first part, hereinaftez called the Grantor, and WESTVACO CORPORATION, Delaware Corpora- tion, party of the second part,'hereinafter called the Grantee. WITNESSETH: That Stonewall Development Corporation, a Virginia Corporation, was the titled owner of the hereinafter described property as evidenced by a Deed from Ray Boyce et , dated June 2, 1971, and of record in the Clerk's Office in the Circuit Court of Frederick County, Virginia, in Deed Book 377 at Page 302, and WHEREAS, Stonewall Development Corporation, a Virginia Corporation, was merged into Hemingway Transport, Inc., a Massa- chusetts Corporation, by certificate of approval of the Virginia State Corporation Commission, issued March 3, 1978, and became the successor in title to the said real estate; NOW, THEREFORE, THIS DEED WITNESSETH: That for and ir. consiueration of the of Ten Dollars ($10. 00) , cash in hand paid and other good and valuable considerations, receipt of which is hereby acknowledged, Hemingway Transport, Inc., a Massachusetts Corporation, does hereby grant, bargain, sell and convey to Westvaco Corporation, a Delaware Corporation, with general warranty of title and English covenants of Title, and in fee simple, all of the following described realty, to -wit: All of that certain tract or parcel of land situate in Stonewall Magisterial District of Frederick County, Virginia and fronting on the Eastern side of U. S. Route Number 11 and along the northern side of Virginia Secondary Road 668 • and along the western side of the Martinsburg and Potomac Railroad now leased to and operated by the Baltimore and Ohio Railroad, and on the northern side by the remaining lands of the Grantor in accordance with the plat and survey description of H. Bruce Edens, C. L. S., of Greenway Engineering and Surveying Co., Inc., dated December 4, 1979 and JOSCPH A. MASSIE, JR. ATTORNEY AT UN WIHCHESTER, VIRGINIA •r JOSEPH A. MASSIE. JR. ATTORNCY AT LAW WINCHESTER, VIROINIA goc� 519 we 354 containing 25.184 acres in accordance with said survey and being the same portion of a larger tract or parcel of land conveyed to Stonewall Development Company as aforesaid. Reference is made to the aforesaid plat and survey description and to the aforesaid Deeds for a more perfect description of the land herein conveyed. WITNESS THE FOLLOWING SEALS AND SIGNATURES: HEMINGWAY TRANSPORT, INC. B Y ' President Corporate Seal _ V By y cretary STATE OF MASSACHUSETTS OF !�c-� , To -wit: a Notary Public in and for the state and Z. aforesaid, hereby certify :-. that 94�' (/2�L _ _ � , whose name is sign to the Zoregoing Instrument bearing date the J,3 day of 1980, on behalf of Hemingway Transport, Inc., as its president, has acknowledged the same to be the act and deed of said Corporation before me in my State and �.t aforesaid. GIVEN under my hand this ',) .s day of �� ,-C , 1980' My Commission expires ;,gyp R � 0 Notary Pu}`d ...� M 1 ' dfcUe`�S ,4 \•S�•l FF- , . .. • &VAIr LAND LAIVOD.. ,---�-r�-; _. 355 • . �• • •STo'O--w .7� -C60.00' ST5'.49'S - F•JQ 5.S' .� . 11.019 ACRES I � 1 RETAIAED PORRON ' CARTER LUSfFR CO. 1 ' � C � cdF�sEnveasrer� t srs°s� ss'r - rsol. 40 .- cli i Qz Y 25.194 ACRE' o • i I STq.:S!' " CH. � H/3`47Zu E-11 J. 76' • � A Rt- Ili. 7e ' A� ------------Iq rrre 6;C-1-s0,r�s'.�nver✓�r--------------- /-,�, • S/ZZ4'c'7S%7LL Lt t'L'LG�=;:;.:NT C2�:�'A/✓Y ` -j STt�',/EIu4LL GYSTi?CT, FREDRr.K CO.NTY SCAL • • lJ 1. .. J4 _ J � � ., � � GcZh'.UlY FM,J:�cn� :'K B S..0.Y£Y.M7 GYI, NYC. •1 • •., _ ,.', i% 3 l.,� U• MNG TER, I'rit W . ' 1 ••^ I 2-1 7— _7 k 519 Fact % 356 of a poi -tic rn of the 1=d corrvzy g plat mpre 5 C!-"I+, 5 a survey Th6 accO-nT.C- pc, y dbod dated Fcbx-u&ry It 1972 and.rocol'dld in b to Stoncv C Q�,Ut Clerk'5 Office in Dood Book 388 at Page 126. the Fr--dorick County The said land fronts the Fast bounda-ry line of U.S. Route 3-1 about one mile South of Rest Methodist Cb-Lrch in Stone-aa-11 Diatrictr proderick Cvmtyl Virginia. and is bounded asfol-101131 Virginia Route 668 and in the East Bogir-ning at a point 4n.the center of oundary line of U.SRcUtO- , Route 3-1; thence vrith lvho Fast b boundary line of U.S. we to the 11/3ft 123-76 Ft- %iith the arc of a cm 3a for the 2 fol—lowing cour8O5r 76 1,,C,, to a V.D.He monumentl 5769.58 Ft., Chord - N130 47'06"E .- 123 the East boundary line of 760.99 Ft- to an iron pin L thence the vrith a new division line _imtd Portionj thf, U.S. Route and corner to the Rj�tv 1301.40 Ft. to an iron 1::Ln corner to the Portion 576'38153"B of the Retained Fort Railroad % ne of the l4artinsburg Potomac RaL ij Rctalned Portion and the li�e_nt boundary . boundary line 525oO5'00"W dC,,j+,of_Wayj thence %-,ith said b Central) 1, e Frith the of Virginia Route 668l thence in the center .98 Ft- to & Poil to the beginning. ginning. Route 66.3, i,,74°02137'lw - Ft' center of Virginia 25.184 Acres Y d Decombtr 41 1979 SurvC75 n. 51-17 3 ii �-7-Ek!VY A Y EN E i.1 U, I') a S 13) r. e, 1-1 E q LA IDE CK COU 1TY, SCE Ig was s produced to me On the T ent of writing IP rllm 19 at ann B48J was ent thereto qaack nowl D6 g m certificate 3c3- -) 4. 1 of I . j,sgd oy Sic, t ied to r-�!c4. 'la-:, I'll, een paid, if &330�sabl` and 5:-54 havB b Clerk r r . -a- TR1..1suiu iz,s Oiori..cr COUNTY OF F JREDEIPIG.I` P. O. Box 2i!5 4VI\CHESTER, VIRGINIA 22601 DOROTIIY B. I ILCKI,E , TREASURER June 25, 1901 TO WHOM IT MAY CONCERN: All taxes for the years 1978 through 1900 are paid in full on 35.58 acres in the name of Stonewall Development Co. in Stonewall District PHONE 662-6611 Dorothy B. Y.eckley Treasurer depart en# of Planning and F 6jolvrpzitent JOHN RILEY PLANNING DIRECTOR JOHN T. P. HORNE DEPUTY DIRECTOR M E M O R A N D U M KOIF P. O. Box 601 9 COURT SQUARE WINCHESTER, VIRGINIA 22601 Department of Inspections _ , ATTN Mr. John W. Dennison Health Department , ATTN Mr. Herbert Sluder VA Dept of Highways and Transportation , ATTN Mr. R. C. King Zoning , ATTN Mr. John T. P. Horne FROM: John R. Riley, Director - Date June 25, 1981 SUBJECT: Review comments on Conditional Use Permit X Rezoning Subdivision Site Plan We are reviewing the enclosed request by Westvaco Corporation or their representative L. D. Peterson Will you please review the attached and return your comments to me by as soon as possible _ ------------------------------------------------------- This space should be used for review comments: Signature 703/662-4532 Date -4zebuirk (90unip Pe-partmen# of J�Ianntng alto Pk 6elopmen# JOHN RILEY P. O. BOX 601 PLANNING DIRECTOR 9 COURT SQUARE JOHN T. P. HORNE WINCHESTER, VIRGINIA 22601 DEPUTY DIRECTOR June 30, 1981 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The application of: Westvaco Corporation Rezoning Petition For: Rezoned from M-1 to M-2 The rezoning petition will be considered by the Frederick County Planning Commission at their meeting of July 15, 1981, at 3:00 p.m., in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. JRR:dll 703/662-4532 1 cerely, John R. Riley / Director