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HomeMy WebLinkAbout07-12 Carmeuse & Parks & Rec - Stonewall Proffer Revisoin - BackfileREZONING TRACKING SHEET Check List: Application Form Fee & Sign Deposit _ Proffer Statement Deed _ Impact Analysis Plat/Survey Adjoiner List Taxes Paid Statement File opened G Reference manual updated/number assigned 7 D-base updated Copy of adjoiner list given to staff member for verification Color location maps ordered from Mapping Application Action Summary updated b P anning Commission Meeting ACTION: L JZ� oard of Supervisors Meeting ACTION: Signed copy of Resolution received from County Administrator and placed in Proffers Notebook together with proffers Approval (or denial) letter mailed to applicant/copy to file and cc's Reference manual updated D-base updated Application Action Summary updated File given to Mapping to update zoning map Zoning map amended Sys ID 9 RECEIVED FROM RES ❑ FOR RENT ❑ FOR DATE `"� NO. 129102 U 11 �Zj (0 DOLLARS $ v �' AMT.OF CASH ACCOUNT AMT. PAID I CHECK / BALANCE MONEY DUE ORDER W� c� — kf) U BY PROPOSED PROFFER STATEMENT REZONING: RZ4 0 7 -/-- Extractive Manufacturing (EM) with proffers to Extractive Manufacturing (EM) with revised proffers PROPERTY: 92 Acres +/-; Tax Map Parcels 44-A-83 and 44-A-83A and a portion of Tax Map Parcel 33-A-144 (the "Properties") RECORD OWNER: O-N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone APPLICANT: O-N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone ("Applicant") PROJECT NAME: Winchester/Clearbrook ORIGINAL DATE OF PROFFERS: February 8, 2011 REVISION DATE(S): June 2, 2011, June 21, 2011, July 12, 2011, September4, 2012 The undersigned Applicant hereby proffers that the use and development of the portions of the above -referenced parcels, which are requested to be rezoned, the portions requested to be rezoned being shown on the attached and incorporated plat identified as "Exhibit U' shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Properties that may have been made prior hereto. In the event that the above -referenced EM conditional rezoning is not granted as applied for by the Applicant, these proffers shall be deemed withdrawn and shall be null and void. Further these proffers are contingent upon final rezoning of the Properties with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Properties adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. Any proffered conditions that would prevent the Applicant from conforming with State and/or Federal regulations shall be considered null and void. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. Land Use 1.1 The Properties shall be developed with extractive manufacturing land uses pursuant to the mining permit approved by the Division of Mineral Mining ("DMM") of the Virginia Department of Mines, Minerals and Energy ("VDMME"), and shall therefore conform to the Mineral Mining Law and Reclamation Regulations for Mineral Mining of the Commonwealth of Virginia. 1.2 The Applicant hereby proffers not to engage in the following use on the Properties: Asphalt and concrete mixing plants. 2. Site Development 2.1 The Properties' access via public secondary roads shall be limited to the existing quarry entrance on Brucetown Road (Route 672) unless another entrance is agreed upon by Frederick County or VDOT at some time in the future. Access by vehicles needed for periodic maintenance of the Properties shall not be limited. 2.2 A combination of landscaping, earthen berms, and fencing shall be installed around the Properties in the areas depicted on the attached and incorporated plat identified as "Exhibit 2." The landscaping shall have a mix of deciduous and coniferous plantings placed in a random manner to be consistent with existing vegetation patterns. Applicant proffers to plant trees in the places identified on the attached and incorporated plat within one year from the date of unappealable zoning approval. Notwithstanding the provisions of this Section 2.2, however, the Applicant shall not be required to comply with such provisions with respect to such areas as are currently used by Frederick County as a nark and citizens' convenience center under agreement with the Applicant. With respect to such areas currently used by Frederick County as a park and citizen's convenience center, the Applicant proffers to comply with the terms of this Section 2.2 within one year of the termination of the agreement allowing for the uses between Frederick County and the Applicant. 3. Historic Resources 3.1 The Applicant has completed a Phase I Archaeological Survey of the Properties. The result of the archaeological survey is that the Properties do not have historical significance with the exception of the Martin farmhouse. The Applicant will put the Martin farniiouse into adaptive reuse in the future. In the interim, pursuant to an Instrument which is recorded in the land records of Frederick County, Mrs. Martin continues to reside in and possesses a "life estate" interest in the farmhouse. Further, a Phase I1 Archaeological Survey of the area adjacent to a spring near the Martin farmhouse is being conducted. 2 4. Dust Control 4.1 Dust from drills, muck piles, material handling, screens, crushers, conveyors, feeders, hoppers, stockpiles, load -outs, and traffic areas shall be controlled by wet suppression or equivalent, and controlled by and consistent with the terms of the Virginia Department of Environmental Quality ("VDEQ") general air permit. The Applicant shall remediate any adverse impacts to surrounding properties caused by dust associated with the raining operations on the Properties. 5. Blasting Control 5.1 All blasting associated with mining operations on the Properties shall be limited by the mining permit approved by the DMM of the VDMME. Peak Particle Velocities (PPV) associated with blasting on the Properties shall not exceed the levels stipulated by said pen -nit. Any damage to surrounding properties caused by blasting on the Properties shall be remediated at the Applicant's expense. 6. Traffic 6.1 The Applicant proposes as part of this rezoning to not install entrances for vehicular traffic on Route 11 unless agreed by Frederick County or VDOT at some time in the future. The Applicant proffers to continue to use its existing entrance on Brucetown Road (Route 672). The result of the use contemplated by the rezoning is that there will be a reduction in existing trips from the Properties that currently enter and exit on Route 11. In the future, given that there will be no vehicular trips to and from Route 11 from the Properties, the number of vehicular trips will decrease from not only the existing status but also what would be contemplated should the Properties be developed or zoned to any other use including, but not limited to, industrial which is what is currently depicted on the County's Comprehensive Plan for the Properties. 6.2 Within the fifty foot (50') setback from Route 11, the Applicant agrees to dedicate up to twenty feet (20') to Frederick County or the Virginia Department of Transportation within thirty (30) days of demand of said dedication from either Frederick County or the Virginia Department of Transportation for the purposes of expansion of Route 11 (Valley Pike) to install additional lanes of travel and other improvements associated with the Route 11 (Valley Pike) expansion. Upon said dedication the remaining land in the setback shall be unaffected and shall continue to serve as a buffer and screening between the operations of the quarry and the right-of-way. In the event the dedication and subsequent development of said land shall adversely affect the aforementioned buffer and screening then the Applicant shall at its discretion alter, amend or relocate the aforementioned buffer and screening. 3 7. Operational Noise Abatement 7.1 The Applicant will make all reasonable efforts to locate mining machinery in the quarry pit or belind berms. 8. Lighting 8.1 There shall be no affixed lighting structures above -ground on the berms other than as may be required for or provided by regulations that affect the plant operations, including, but not limited to, Mine Safety Health Administration ("MSI-IA"), VDMMI;, and any other governmental or regulatory body that oversees mining operations. Lighting used for devices or machines that convey materials or for pit crushing facilities and other mining activities is permitted. Conveying and pit crushing facilities shall also be interpreted as including such other devices or activities that perform similar or related functions that may come into use and/or existence at some time in the future while the extractive mining use is still in effect on the Properties. In addition to the above, all lighting will be installed in such a manner that there will be no spillover beyond any property line of the Applicant onto adjacent properties not owned by the Applicant. 9. Air Peimit 9.1 The Applicant shall maintain its existing general air permit controlling emissions in accordance with the VDEQ standards and also see that the existing general air permit covers all activities conducted on the rezoned Properties. 10. Environment 10.1 In addition to compliance with the Virginia Pollutant Discharge Elimination System water discharge permit already in place, the Applicant agrees to work with a recognized environmental entity of the Applicant's choosing during its operations to ensure that the water emissions from water flowing from the quarry operations on the Properties is of a quality that satisfies the requirements of all applicable discharge permits. 0 Respectfully submitted, 0-N MINERALS (CHEMSTONE) COMPANY d/b/a CARMEUSE LIME & STONE By: Its: COMMONWEALTH OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, to -wit: The foregoing il1St1'11111C11t was acknowledged before me this j — day of October, 2012, by JR 1,1(i S N IT11NOIs Co /i me i, w nu i. SfG�e C I � oNtT ��°,,NOTARY PUBLIC �5 My commission expires' ' tiO��R ''• UR32 Registration 1111111ber: " ; thY G�� l�h � • 2 e XpIR Old,.,,• e r`"llellitottt non T.M. 337� '144 �_._.......__.._........---........_—. __......_.__...__._._.._ BASED ON REVIEW OF AV AILABLE DOC E TS IN O " 11 THE POSSESSION OF FREDERICK COU Y PLANNING, EXISTING IN0rB6UN9A EAR TO BE IN THE �V�VO VICINITY FAN EXTENSION PROPERTY OQ'D� p 06� ! f "-'"'"�1°` - E SOUT AT N39' 56' 05" - 2601.16. THE PROPOSE NI RESOLVE ANY AMBIGUITY OF LOCATIO ING BOUNDARY BY ZONING ANY REMAINING ORTION 0 CEL 144 WHICH IS IN RA ZONING 0 EM ZONING. i B foil m!]DI ®llfil Irti Lf'r:l:itiQ�i ®ff)Q�Z2mm�1=1�0 ®I'+-n ifF1:s f�'!•CIC:�i FYTryi�r �R �p-ri11CQI ©f�l�2dG3.a afl:r:ii KUM ©fI r Aw NERNOEM M ®i rmu:- iIGIIlt• KC�ifmt• an= Rfil[t-� fui Clllr�:YiL.'C]i fLYiC/!:lYF��¢Ci f fla vxJ R AfIITJfCir.Jr�1mY r-a rTY.r r Lr..o�lrier�[a� • 1!_.�Jf fGTJ1lLi AIID➢i�_l�'� ffj f 'i 1lIIIY�JC�YCl3lI f mC.'-e_rJi�ffC2LLC!!1fmJC®i f�iCII]Jiluuml�-=y[Sl� tl7=J/�Y G�L]IY��fIm f�RLrIJRUIYpIJr•CPaL'11�:'Yi�'1-a ff f CL - • cn • f u f f ; i it � 'oo /arc 1? •�f l � �,lx 11,09 BLOW UP AT 1"=300' 21 qla 0 0 REZONING APPLICATION 407-12 CARMEUSE NA, CLEARBROOK and FREDERICK COUNTY PARKS & RECREATION Staff Report for the Board of Supervisors Prepared: December 4, 2012 Staff Contact: Michael 1'. Ruddy, AlCP, Dcputy Planning Director Reviewed Action Planning Commission: 10/17/12 Recommended approval Board of Supervisors: 12/12/12 Pending PROPOSAL: To revise the proffers associated with Rezoning RZ1101-1 1. 'file revision relates to the "Site Development" section of the proffers, specifically, Section 2.2, and the timing of the planting of the landscaping buffer adjacent to those areas currently leased and used by Frederick County as a park and citizen's convenience center. LOCATION: The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg Pike, are located on the east side of Route 1 I between the intersections of BrlleetOW11 Road (Route 672) and Walters Mill Lane (Route 836). EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 12/12/12 BOARD OF SUPERVISORS MEETING: The Planning Commission Voted unanimously to recommend approval Of the revised proffeI'. The purpose of this application is to request a minor proffer revision to ensure that a conflict does not exist in the interpretation of the Proffer Statement, Section 2.2. More specifically, the proffer language revision would allow the Applicant the ability to delay the installation of the proffered buffer identified in Exhibit 2 until one year after Carnleuse terminates its agreement with Frederick County for the use Of the leased area. "Exhibit 2", as revised, identifies the "Delayed Landscape Berm Buffer" area with a red dashed line. Frederick County currently leases approximately eleven acres Of the previously rezoned property as part of a longstanding agreement with the quarry. The entry and access road for Clcarbrook Park and the Frederick County's Citizen's Convenience Center, and multiple parking spaces for patrons of Clearbrook Park, could potentially be impacted by the installation of the berm prior to the conclusion Of the County's use Of the leased property. In the Original rezoning, the Applicant proffered to plant trees in the location identified on Exhibit 2 within one year from the date of the zoning approval. Strict interpretation of the Proffer would set December 14, 2012 as the date the buffer and landscaping installation would have to be completed. All parties are in agreement t0 the modification. Staff W011ld Support the llllllOr I'eV1S1011 t0 the proffer statement. Following the mquh-ed public meeting, a Cleclslon regal'lling this 1'ezoning application bjl the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised Gy the Board of Supervisors. 0 10 Rezoning 1107-12 Canneuse NA — Clearbrook, Parks & Recreation Rezoning December 4, 2012 Page 2 This i-eport is pi-epai-ed by the Fiwlerick County Planning Staff to pi -ovine illfonnation to the Planning Commission and till.' Board of Supervisors to assist them in making a llecisioil oil this application. It nug also be useliil to others interested in this zoning inattei% Unresolved issues concerning this application are doted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 10/17/12 Rccoll mcndcd approval Board of Supei-visors: 12/12/12 Pending PROPOSAL: To revise the proffers associated with Rezoning RZ1101-1 1. The revision relates to the "Site Development" section of the proffers, specifically, Section 2.2 and the timing of the planting of the landscaping buffer adjacent to those areas currently leased and used by Frederick County as a park and citizen's convenience center. LOCATION: The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg Pike, are located between the intersections of Route I I with Brucctown Road (Route 672) and Walters Mill Lane (Route 836). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 44-A-83, 44-A-83A and 33-A-144 (portion of (see exhibit)) PROPERTY ZONING: LM (Extractive Manufacturing) District (RZ#O 1-11) PRESENT USE: Vacant/Agricultural/Residential/Park ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) South: RA (Rural Areas) East: EM (Extractive Manufacturing West: RA (Rural Areas) Use: Clearbrook Park Use: Residential/Agricultural Use: Quarry Use: School/Rcsiclential/Vacant/Fairgrounds 0 0 Rezoning #07-12 CarnlCUSe NA — Clearbrook, Parks & Recreation Rezoning December 4, 2012 Page 3 Planning & Zoning: 1) Site I-Iistoiy The original Frederick County zoning map (U.S.G.S. Inwood/Stephenson Quadrangles) identify the subject parcels as beiIlg zoned A-2 (AgriCUltUral General). The COL111ty's agriCUltUral zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. "The balance of parcel 33-A-144 not zoned RA was zoned EM during the County's comprehensive downzoning RZ# 13-80 completed in 1980. The most recent rezoning from RA to EM in the vicinity of this property occurred with RZ11010-98 when W.S. Frey rezoned 31.74 acres at the southern end of their property. NL1111C1'OL1S adjustments to the boundaries of the parcels in this area have occurred in recent years. As part of the most recent rezoning, the applicant provided a plat which depicts a zoning bOL111dary within parcel 33-A-144. This line appears to accurately reflect the existing boundary of the EM zoned land. The County agreed that the location identified on the plat resolves any ambigUity as to the zoning boundary. The previous rezoning, RZ#01-11, rezoned 92 acres from RA (Rural Areas) District to EM (Extractive Manufacturing) District, with proffers. 2) Compi•eliensive Policy Plan The 2030 Comprehensive Policy Plan is an official public CIOCL1111C11t that serves as the C0111111L1111ty'S guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living ellvironincrit within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. 3) Proffer Statement — Original dated February 8, 2011 (Revised September 28, 2012) A) Allowed Uses: No change B) Access Management and Transportation. No change 0 0 Rezoning 1107-12 Ca1"I11cUSe NA — Clearbrook, Parks & Recreation Rezoning December 4, 2012 Page 4 C) Site Development: Proffer 2.2 has been modified to allow the Applicant to delay their compliance with the terms of the Proffer to within one year of' the termination of the agreement allowing for the uses between Frederick County and the Applicant; the park and citizens convenience center. Exhibit 2 has been revised to identify the location where the landscaped berm buffer may be delayed. The Applicant shall install the balance of the buffer and landscaping as previously proffered and as depicted on Exhibit 2. D) Mitigatingthe �e Impact of Development: No change STAFF CONCLUSIONS FOR THE 10/17/12 PLANNING COMMISSION MEETING: The purpose of this application Is to request a minor proffer revision to CIISIII'e that a conflict does not exist III the IIIte1'pl'etatioii of the Proffer' Statement, Section 2.2. Morc specif ically, the proffer language rCVISIOII WOUld allow the Applicant the ability to delay the installation of the proffered bUf fer identified in Exhibit 2 until one year after Carmeuse terminates its agreement with Frederick County for the use of the leased area. "Exhibit 2", as revised, identifies the "Delayed Landscape Berm Buffer" area with a red dashed line. Frederick County currently leases approximately eleven acres of the previously rezoned property as part of a longstanding agreement with the quarry. The entry and access road for Clearbrook Park and the Frederick County's Citizen's Convenience Center, and multiple parking spaces for patrons of Clearbrook Park could potentially be impacted by the installation of the berm prior to the conclusion of the County's use of the leased property. In the original rezoning, the Applicant proffered to plant trees in the location identified on Exhibit 2 within one year from the date of the zoning approval. Strict interpretation of the Proffer would set December 14, 2012 as the date the buffer and landscaping installation would have to be completed. All parties are in agreement to the modification. Staff would support the minor revision to the proffer statement. PLANNING COMMISSION SUMMARY AND ACTION OF THE 10/17/12 MEETING: No issues of concern were raised by the Planning Commission to this proffer revision and members believed the revision was appropriate. There were no citizen comments. 0 0 Rezoning 1107-12 Carmeuse NA — Clearbrook, Parks & Reacation Rezoning December 4, 2012 Page 5 A Commissioner suggested the applicant also be exempt from Proffer 6. 1, Traffic, which pertains to the prohibiting Of entrances for vehicular traffic on ROLIte 11, while the site is being used by the Department Of Parks & Recreation. The existing entrance on Route I I to the landfill convenience site and the baseball dialllond Were mentioned. Staff agreed It WOLIId be appropriate simply for clarification purposes, although it is not in the proffer revision being discussed. The PlaIIIIiIlg COIIIIIIiSSioll LlnaninIOLISly recommended the approval of Rezoning 1/07-12 Of O-N Minerals d/b/a/ CarIlleLlse Lime & Slone and Frederick County Parks & Recreation Department to revise proffers associated with Rezoning 1101-1 1, specifically as it relates to Section 2.2 of the proffers, Site Development. The Planning Commission's motion and vote also included the recommendation that the applicant be exempt from proffer Scction 6.1, Traff ic, as long as there is a lease enabling Parks & Recreation to Utilize the park area. This exemption recognizes the existing entrance f -om Route I I into the landfill convenience site and baseball park. (Note: Commissioner Crockett was absent from the meeting; Commissioner Ambrogl Was absent for this vote.) -ea to be ^ Applications Parcels Building Footprints B1 (Business. Neighborhood District) B2 (Business. General Distrist) B3 (Business. Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial. Light District) M2 (Industrial. General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) REZ # 07 - 12 Note: kederick County Dept of O-N Minerals d/b/a Carmeuse Planning & Development Lime and Stone N Kent St Suuitit e 202 and Frederick County Winchester VA 22601 Parks and Recreation --5651 Map Created: October 01. 2012 MaCreated: PINS: Staff: mruddy 44-A-83.44-A-83A. 33 - A- 144 0 125 025 0 5 Miles 0 • COUNTY of FIZEDERICK Parks and Recreation Department 540-665-5678 FAX: 540-605-I)OX7 ��.fcprci.net c-mail: Icprciccr co.lredcrick.va.us Carmeuse Clearbrook Proffer Amendment Exihibit # 2 Buffer Clarification Since 197S Frederick County has leased approximately eleven acres to provide baseball and softball fields and parking at Cleabrook Park as a part of a longstanding agreement between various quarries, currently Carmeuse Lime and Stone. The above acreage is part of a recent rezoning approved by the Board of Supervisors on December 14, 2011. As per strict interpretation of section 2.2 of the proffer statements accompanying this rezoning, Carmeuse Lime and Stone will begin landscaping by December 14, 2012 of the property identified in exhibit # 2, which includes the entry and access road for Cleabrook Park and Frederick County citizen's convenience center, and multiple parking spaces for Cleabrook Park patrons. Both Frederick County and Carmeuse Lime and Stone are in agreement landscaping in the area leased by Frederick County should be delayed to enable the continued use of Frederick County facilities pursuant the above mentioned lease. To avoid potential confusion regarding the interpretation of the proffer statement, the attached amended proffer statement would delay the landscaped berm at the identified areas in the revised exhibit # 2 until one year after Carmeuse Lime and Stone terminates its agreement with Frederick County for the use of the leased area. This would enable Frederick County to continue to utilize all parking areas and the access road for Clearbrook Park and the Frederick County citizen's convenience center. 107 North Kent Street Winchester. VA 22601 a l� n Tr_iu-t=_;R rrtc T 7efi7�r=aRi Inc Fd rril �R n J E.t m 0rrl 7 p r A y 8C !2;2 B, R-**O rw Gray cwrvwcYs 1tw1 I tj 6I C6 Ti0ot W7£ ADSD M" I MVD PM RLM=N SuRvZ' WIN Patton Nnrrim Rung a Anaoclataa,p@ tl4G CARMEUSE NA Engln=m survapm Plauim. Londnccpe Amilltacts. a� a—s—to east AS NOTED CLEARBROOK 'EXHISF ; 2 I hdwrtw. VA 22501 � -� �) Q 0 T 5<4)-W-2In Pt CrT, (to. ta�T F 540-fib.`S✓0493 t 4F t coutiv of fR@UD. vAGa+ 0 • REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff.• Zoning Amendment Number PC Hearing Date Fee Amount Paid $ Date Received _ BOS Hearing Date_ The following information shall be proi,ided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 1.07 North Kent Street, Winchester. 1. Applicant: O-N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone Address: 11 Stanwix Street, 21" Floor Pittsburgh, PA 15222 Telephone: 412-638-1581 Applicant: Address Frederick County Parks & Recreation Department 107 North Kent Street Winchester, VA 22601 2. Property Owner (if different than above): Telephone: 540-665-5678 Name: O-N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone Address: 11 Stanwix Street, 21"Floor Pittsburg, PA 15222 Name: Frances G. Martin as holder of life estate interest in parcel 44-A-83 Address: 3004 Martinsburg Pike Stephenson, VA 22656 3. Contact person if other than above: Name: Thomas Moore Lawson, Esq. Jason Robertson, Parks & Rec. Director 12 Telephone: 540-665-0050 Telephone: 540-665-5678 • 0 4. Property Information: a. Property Identification Nuinber(s): 44-A-83 44-A-83A and 33-A-144 (portion of) b. Total acreage to be rezoned: 92 acres C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being rezoned): d. Current zoning designation(s) and acreage(s) in each designation: EM (.Extractive Manufacturing,) - Rezoning HO1-I 1 e. Proposed zoning designation(s) and acreage(s) in each designation: EM with (Extractive Manufacturing) Modified Proffers f. Magisterial District(s): Stonewall 5. Clieciclist: Check the following items that have been included with this application. Location map Plat Agency Comments Fees Deed to property Impact Analysis Statement Verification of taxes paid Proffer Statement Plat depicting exact meets and bounds for the proposed zoning district Digital copies (pdf's) of all submitted documents, maps and exhibits 6. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: O-N Minerals ( hernstone) Company d/b/a/ Carmeuse Lime & Stone Frances G. Martin as holder of the estate interest in parcel 44-A-83 7. Adjoining Property: PARCEL ID NUMBER USE See attached ZONING 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): 508 Quagy Lane (that portion not currently zoned EM) 3004 Martinsburg Pike and 3180 Martinsburg Pike. The subject parcels are located between the intersections of Route 11 with BrucetoNvn Road (Route 672) and with Walters Mill Lane (Route 836). 13 0 0 9. The folloNving information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: 0 gbwnhome: 0 Multi -Family: 0 Non -Residential Lots: I Mobile Home: 0 hotel Rooms: 0 ware Fo�tagUf'roposed Uses Office: 0 Service Station: 0 Retail: 0 Manufacturing: 0 Restaurant: 0 Warehouse: 0 Commercial: 0 Other: 55,2 acres quarry operations 10, Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right -of way until the hearing. I (Nye) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge, Applicant(s): Date: Frede ick County I'm •s & Recreation Deparlinent Date: o-N h' incrnls (Clremstone) Company d/b/a Cnnncusc 1.151c, X Stn1C Owncr(s): Date: t}N Minerals (Chemstone) Comimy d/h/n Carmcuse Lime & Stone Date: 14 i • Adjoining Property Owners Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The COrr177rissi077e7' of the Revenue is located on the 2"d floor of the Frederick County Admi777strative Building, 107 North Kent Street. Name Address Property Identification Number (PIN) Name: County of Frederick 107 N. Kent Street Property #: 33-A-162A Winchester, VA 22601 Name: County of Frederick 107 N. Kent Street Property #: 33-A-162B Winchester, VA 22601 Name: Kesari Third Generation LLC 11499 White Oak Ct Property #: 33-A-164B Herndon, VA 20170 Wampler Jack K Sr & Jack K Jr P/A Name: Wampler's Mobile Homes 2648 Martinsburg Pike Property #: 33-A-164D Stephenson, VA 22656 Name: Richardson Kimberly Dick &John Franklin 107 Cotswold Court Property #: 33 A 164E Stephens City, VA 22655 Name: Frederick Land Company LC 893 Clubhouse Road Property #: 33-A-166 York, PA 17403 Name: Frederick Land Company LC 893 Clubhouse Road Property #: 34-A-20 York, PA 17403 Name: White Harry S. Jr. 385 Back Mountain Road Property #: 34-A-24D Winchester, VA 22602 Name: Frederick County Fair c/o Chester Lauck 167 Fairground Road Property #: 44-A-77A Clearbrook, VA 22624 Name: Stonewall District Ruritan c/o Joseph Hulver 1023 Redbud Road Property #: 44-A-81 Winchester, VA 22603 Name: Frederick County School Board P.O. Box 3058 Property #: 44-A-82 Winchester, VA 22604 Name: Umbenour Max J & Margaret M 115 Walters Mill Lane Property #: 44-A-84 Stephenson, VA 22656 Name: Bachmann Jane Brumbacic 137 William Richmond Property #: 44-A-95 Williamsburg, VA 23185 Name: Frederick Land Company LLC 893 Clubhouse Road Property #: 44-A-96 York, PA 17403 15 • 0 Name Address Property Identification Number (PIN) Name: Roberts Gregory G. 130 Tatanka Lane Property #: 44-A-96A Stephenson, VA 22656 Name: Cutshaw Alan W & Susan J P.O. Box 133 Property #: 44-A-96C Stephenson, VA, 22656 Name: Frederick Land Company LLC 893 Clubhouse Road Property #: 44-A-96D York, PA 17403 Name: Frederick Land Company LLC 893 Clubhouse Road Property #: 44-A-97 York, PA 17403 Name: Anderson Mark D & Cheryl L 1419 Ramseur Ln Property #: 44-A-100 Winchester, VA 22601 Name: Gray Mark T, Gray Tina M 611 Walters Mill Lane Property #: 44-A-103 Stephenson, VA 22656 Name: Williams Gregory H P.O. Box 443 Property #: 44-A-106 Stephenson, VA 22656 Name: London Roy Alfred III 3172 Martinsburg Pike Property #: 44A-1-1 Clearbrook, VA 22624 Name: Rudy Glenn B 621 Tennyson Avenue Property #: 44A-1-2 Winchester, VA 22601 Name: Hedrick David R. & Sandra L. 3154 Martinsburg Pike Property #: 44A-1-3 Clearbrook, VA 22624 Name: Cornwell Clarke & Tina 3144 Martinsburg Pike Property #: 44A-1-4 Clearbrook, VA 22624 Name: Myers Lolita L. 3134 Martinsburg Pike Property #: 44A-1-5 Clearbrook, VA 22624 Name: Bly Kenneth L. & Joy A 3126 Martinsburg Pike Property #: 44A-1-6 Clearbrook, VA 22624 Name: SK Associates Inc. 11499 White Oak Court Property #: 44A-1-7 Herndon, VA 20170 Name: Clemons Richard Lee & Mary D 3106 Martinsburg Pike Property #: 44A-1-8 Clearbrook, VA 22624 Name: Butts Joseph L. & Sylvia P. 3096 Martinsburg Pike Property #: 44A-1-9 Clearbrook, VA 22624 Name: Payne Marion D. Jr. 3086 Martinsburg Pike Property #: 44A-1-10 Clearbrook, VA 22624 Name: Frederick Land Company LLC 893 Clubhouse Road Property #: 45-A-1 York, PA 17403 Name: Carter Robert W 827 Gun Club Rd Property #: 45-A-8 Stephenson, VA 22656 Name: Anderson Mark D 1419 Ramseur Ln Property #: 45-A-8C Winchester, VA 22601 16 �cx�, i?' CO C r� G� 1 C'UUN"I-Y of FREDLR[CI< Parks and Recreation Dcl)artmcnt !�� 1 S40-665-5078 FAX: 540-665-96x7 \v\\-\v.IcprcLnct e-mall: Icprdw co.Iredcrick.\'fi.US April 18, 2012 COPY Carmeuse Lime and Stone ATTN: Mr. James Bottom 508 Quarry Lane Clear Brook, VA 22624 Dear Mr. Bottom: Recently we met and discussed some concerns regarding the proffers associated with the rezoning of land currently utilized for ball fields at Clearbrook Park. These proffers were approved in December 2011 and require the planting of trees within the area that is 25 feet or less from the property line along Route 11. As we discussed, planting trees on the property currently used for ball fields and parking will reduce the amount of parking available for the Clearbrook Park ball fields which have been generously leased to the County for use by the Parks and Recreation Department. In the best interest of the Clearbrook Park ball field and park patrons, we are requesting Carmeuse submit a proffer amendment which would postpone planting trees in the area leased to the County until a fixed time after Carmeuse requests the County vacate the land and relocate the ball fields. Please advise if Carmeuse is willing to submit a revised proffer. We appreciate Carmeuse's support of the Parks and Recreation Department. Sincerely, Jason Robertson Director cc: Mark Cheran, Zoning and Subdivision Administrator 107 North 1<cni Strcct Winchcsier. VA 22001 REZONING APPLICATION #07-12 CARMEUSE NA, CLEARBROOK and FREDERICK COUNTY PARKS & RECREATION Staff Report for the Planning Commission Prepared: October 1, 2012 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 10/17/12 Pending Board of Supei-visors: 1 1/14/12 Pcnding PROPOSAL: To revise the profTcrs associated with Rezoning RZIIOI -1 1. The revision relates to the "Site Development" section of the proffers, specifically, Section 2.2 and the timing of the planting Of the landscaping buffer adjacent to those areas currently leased anti used by I'1•CdCr1Ck County as a park and citizen's convenience center. LOCATION: The properties, with addresses Of 508 Quarry Lanc, 3004 Martinsburg Pike and 3180 Martinsburg Pike, are located on the cast side of ROute 1 1 between the intersections of'Brucetown Road (Route 672) and Walters Mill Lane (Route 836). EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 10/17/12 PLANNING COMMISSION MEETING: The purpose of this application is to request a minor proffer revision to ensure that a conflict does not exist in the interpretation Of the Proffer Statement, Section 2.2. More specifically, the proffer language revision would allow the Applicant the ability to delay the installation of the proffered buffer identif iccl in Exhibit 2 until one year after Car111Cl1SC terminates its agreement with Frederick County for the use of the leased area. "Exhibit 2", as revised, identifies the "Delayed Landscape Berm Buffer" area with a red dashed line. Frederick County currently leases approximately eleven acres of the previously rezoned property as part of a longstanding agreement with the quarry. The entry and access road for Clcarbrook Park and the Frederick County's Citizen's Convenience Center, and multiple parking spaces for patrons of Clearbrook Park, could potentially be impacted by the installation of the berm prior to the conclusion Of the County's use of the leased property. In the original rezoning, the Applicant proffered to plant trees in the location identified on Exhibit 2 within one year from the date of the zoning approval. Strict interpretation Of the PrOffcr WOUld Set December 14, 2012 as the date the buffer and landscaping installation would have to be completed. All parties are in agreement to the modification. Staff would support the minor revision to the proffer statement. A reconti en(latlon i-e anfinQ this I-ezoi ing application to the Board of .Snpen,ison would he appropl•iate The applicant should be prepared to adequately addl•ess all concerns raised bV the Planning Commission. Rezoning 1107-12 Carmcuse NA — Clearbrook, Parks & Recreation Rezoning October 1, 2012 Page 2 This report is pl•epared by the Fredel•ick Comity Planning Staff to provide inforination to the Planning Commission and the Board of Supervisors' to assist thelp in making a decision fill this application. It may also be useful to others interested in this Zoning platter. Unl•esolved issues concerning this application al-e noted by staff where relevant throughout this staff report. Reviewed Action PlanniIIg Commission: 10/17/12 Pending Board of Supei-visors: 1 1/14/12 Pending PROPOSAL: To revise the proffers associated with Rezoning RZ#01-1 1. 'I'hc revision relates to the "Site Development" section of the proffers, specifically, Section 2.2 and the timing of the planting Of the landscaping buffer adjacent to those areas currently leased and Used by Fredcrick County as a park and citizen's convenience center. LOCATION: The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg Pike, are located between the intersections of ROLtte 1 1 with I3rucctown Road (Route 672) and Walters Mill Lane (Route 836). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 44-A-83, 44-A-83A and 33-A-144 (portion of (see exhibit)) PROPERTY ZONING: EM (ExlractlVc Manufacturing) District (RZ#01-1 1) PRESENT USE: Vacant/Ag1'ICLtltLll'al/Residelltlal/I'al'1C ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Clearbrook Park South: RA (Rural Areas) Use: Residential/Agricultural East: EM (Extractive Manufacturing Use: Quarry West: RA (Rural Areas) Use: School/Residential/Vacant/1'all'gl'OLIIICIS Rezoning 07-12 Canneuse NA — Clearbrook, Parks & Recreation Rezoning October 1, 2012 Page 3 Planning & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Inwood/Stephenson Quadrangles) identify the subject parcels as being zoned A-2 (Agricultural General). The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. The balance of parcel 33-A-144 not zoned RA was zoned EM during the County's comprehensive downzoning RZ#13-80 completed in 1980. The most recent rezoning from RA to EM in the vicinity of this property occurred with RZ#O 10-98 when W.S. Frey rezoned 31.74 acres at the southern end of their property. Numerous adjustments to the boundaries of the parcels in this area have occurred in recent years. As part of the most recent rezoning, the applicant provided a plat which depicts a zoning boundary within parcel 33-A-144. This line appears to accurately reflect the existing boundary of the EM zoned land. The County agreed that the location identified on the plat resolves any ambiguity as to the zoning boundary. The previous rezoning, RZ#01-11, rezoned 92 acres from RA (Rural Areas) District to EM (Extractive Manufacturing) District, with proffers. 2) Comprehensive Policy Plan The 2030 Comprehensive Policy Plan is an official public document that serves as the conununity's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. 3) Proffer Statement — Original dated February 8, 2011 (Revised September 28, 2012) A) Allowed Uses: No change B) Access Management and Transportation. No change 0 • Rezoning H07-12 Carmeuse NA — Clearbrook, Parks & Recreation Rezoning October 1, 2012 Page 4 C) Site Development: Proffer 2.2 has been modified to allow the Applicant to delay their compliance with the terms of the Proffer to within One year of' the termination of the agreement allowing for the uses between Frederick County and the Applicant; the park and citizens convenience center. Exhibit 2 has becil revised to identify the location where the landscaped berm buffer may be delayed. The Applicant shall install the balance of the buffer and landscaping as previously proffered and as depicted on Exhibit 2. D) Mitigating the Impact of Development: No change STAFF CONCLUSIONS FOR THE 10/17/12 PLANNING COMMISSION MEETING: The purpose of this application is to request a minor proffer revision to ensure that a conflict does not exist in the interpretation of the Proffcr Statement, Section 2.2. Mol'C spCClf Ically, the proffer language revision would allow the Applicant the ability to delay the installation of the profferccl buffer identified in Exhibit 2 1-111t11 OI1C yeal' alley Carnicusc terminates its agreement with Frederick COLlllty for the use Of the leased area. "Exhibit 2", as revised, identifies the "Delayed Landscape Berm BLIMCr" area with a red clashed line. Frederick County Clll'I'Clltly leases approximately C1cven acres Of the previously rezoncd property as part of a longstanding agreement with the quarry. The entry and access road flor Clearbrook Palk and the Frederick COL111ty'S CitiZCll'S COIIVCnience Center, and II1L11t1p1C parking Spaces flor patrons Of Clearbrook Park could potentially be impacted by the installation Of the berm pl'101' to the COnCIL1Si011 Of the County's use of the leased property. In the original rezoning, the Applicant proffered to plant trees in the location Idelltlficcl on Exhibit 2 within one year from the date of the zoning approval. Strict interpretation of the ProfTcr would set December 14, 2012 as the date the buffer and landscaping installation would have to be completed. All parties are in agreement to the modification. Staff wOLlld support the minor revision to the proffer statement. A recommen(latlon regan ing this rezoning application to the Board of.Superyisofy 1Vould be anni'onriate. The applicant should be prepared to (((/egn(lteij, a(hlPe.Ss all concerns raised by the Planning Commission. O RESOLUTION Action: PLANNING COMMISSION: October 17, 2012 - Recommended Approval BOARD OF SUPERVISORS: December 12, 2012 X APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 407-12 PROFFER REVISION OF CARMEUSE NA, CLEARBROOK AND FREDERICK COUNTY PARKS & RECREATION WHEREAS, Rezoning #07-12 Proffer Revision of Carmeuse NA, Clearbrook and Frederick County Parks & Recreation, submitted by Thomas Moore Lawson, Esquire, to revise the proffers associated with Rezoning 40 1 -11 relating to the "Site Development" section of the proffers, specifically Section 2.2, was considered. The proffer revision, originally dated February 28, 2011, with final revision dated September 28, 2012, is intended to modify the timing of the planting of the landscaping buffer adjacent to those areas currently leased and used by Frederick County as a park and citizen's convenience center. The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg Pike, are located between the intersections of Route 1 1 with Brucetown Road (Route 672) and Walters Mill Lane (Route 836), in the Stonewall Magisterial District, and are identified by Property Identification Numbers 44-A-83, 44-A-83A and a portion of 33-A-144. WHEREAS, the Planning Commission held a public meeting on this rezoning on October 17, 2012 and forwarded a recommendation of approval; and WHEREAS, the Board of Supervisors held a public meeting on this rezoning on December 12, 2012, and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the proffers associated with Rezoning #01-11 relating to the "Site Development" section of the proffers, specifically Section 2.2. The proffer revision is intended to modify the timing of the planting of the landscaping buffer adjacent to those areas currently leased and used by Frederick County as a park and citizen's convenience, as described by the application and attached conditions voluntarily proffered in writing by the applicant and the property owner. 11DRes. 1133-12 l_J This ordinance shall be in effect on the date of adoption. Passed this 12th day of December, 2012 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary A. Lofton Absent Ross P. Spicer AY—C Bill M. Ewing Aye Gene E. Fisher AAye Charles S. Dcl-laven, Jr. Abstain Christopher E. Collins Aye A COPY ATTEST John it I. Fred �ri County Administrator VIRGINIA: FR, DERICK COUNTUCT. This instrument of writing was produced to me oii at -)-' I with certificate achno�� icdc!cmcnt thercto annexed was admitted to record. Tax nnposcd by Sec. 58.l-S112 of $ , and 55.1-801 have been paid, if assessable. " /I v , Clerk CD G1 Cn PDRes. 1133-12 O �o PROPOSED PROFFER STATEMENT REZONING: RZ4 6 7 -/-Z Extractive Manufacturing (EM) with proffers to Extractive Manufacturing (EM) with revised proffers PROPERTY: 92 Acres -+-/-; Tax Map Parcels 44-A-83 and 44-A-83A and a portion of Tax Map Parcel 33-A-144 (the "Properties") RECORD OWNER: O-N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone APPLICANT: O-N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone ("Applicant") PROJECT NAME: Wincliester/Clearbrook ORIGINAL DATE OF PROFFERS: February 8, 2011 REVISION DATE(S): June 2, 2011, June 21, 2011, July 12, 2011, SeptemberL9,, 2012 The undersigned Applicant hereby proffers that the use and development of the portions of the above -referenced parcels, which are requested to be rezoned, the portions requested to be rezoned being shown on the attached and incorporated plat identified as "Exhibit 1," shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Properties that may have been made prior hereto. In the event that the above -referenced EM conditional rezoning is not granted as applied for by the Applicant, these proffers shall be deemed withdrawn and shall be null and void. Further these proffers are contingent upon final rezoning of the Properties with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Properties adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. Any proffered conditions that would prevent the Applicant from conforming with State and/or Federal regulations shall be considered null and void. The term "Applicant" as referenced herein shall Include within its meaning all future owners and successors in interest. Land Use 1.1 The Properties shall be developed with extractive manufacturing land uses pursuant to the mining permit approved by the Division of Mineral Mining ("DMM") of the Virginia Department of Mines, Minerals and Energy ("VDMME" ), and shall therefore conform to the Mineral Mining Law and Reclamation Regulations for Mineral Mining of the Commonwealth of Virginia. 1.2 The Applicant hereby proffers not to engage in the following use on the Properties: Asphalt and concrete mixing plants. Site Development 2.1 The Properties' access via public secondary roads shall be limited to the existing quarry entrance on I3rucetown Road (Route 672) unless another entrance is agreed upon by Frederick County or VDOT at some time in the future. Access by vehicles needed for periodic maintenance of the Properties shall not be limited. 2.2 A combination of landscaping, earthen berms, and fencing shall be installed around the Properties in the areas depicted on the attached and incorporated plat identified as "Exhibit 2." The landscaping shall have a mix of deciduous and coniferous plantings placed in a random manner to be consistent with existing vegetation patterns. Applicant proffers to plant trees in the places identified on the attached and incorporated plat within one year from the date of unappealable zoning approval. Notwithstanding the provisions of (his Section 2.2, however, the Applicant shall not be required to comply with such provisions with respect to such areas as are currently used by Frederick County as a park and citizens' convenience center under agreement with the Applicant. With respect to such areas currently used by Frederick County as a park and citizen's convenience center, the Applicant proffers to comply with the terms of this Section 2.2 within one year of the termination of the agreement allowing for the uses betveen Frederick County and the Applicant. Historic Resources 3.1 The Applicant has completed a Phase I Archaeological Survey of the Properties. The result of the archaeological survey is that the Properties do not have historical significance with the exception of the Martin farmhouse. The Applicant will put the Martin farmhouse into adaptive reuse in the future. In the interim, pursuant to an Instrument which is recorded in the land records of Frederick County, Mrs. Martin continues to reside in and possesses a "life estate" interest in the farnhouse. Further, a Phase II Archaeological Survey of the area adjacent to a spring near the Martin farmhouse is being conducted. 0 • C CJ cc Dust Control 4.1 Dust from drills, muck piles, material handling, screens, crushers, conveyors, feeders, hoppers, stockpiles, load -outs, and traffic areas shall be controlled by wet suppression or equivalent, and controlled by and consistent with the terms of the Virginia Department of Environmental Quality ("VDEQ") general air permit. The Applicant shall remediate any adverse impacts to surrounding properties caused by dust associated with the mining operations on the Properties. 5. Blasting Control 5.1 All blasting associated with mining operations on the Properties shall be limited by the mining permit approved by the DMM of the VDMME. Peak Particle Velocities (PPV) associated with blasting on the Properties shall not exceed the levels stipulated by said permit. Any damage to surrounding properties caused by blasting on the Properties shall be remediated at the Applicant's expense. Fraffic 6.1 The Applicant proposes as part of this rezoning to not install entrances for vehicular traffic on Route 11 unless agreed by Frederick County or VDOT at some time in the future. The Applicant proffers to continue to use its existing entrance on Brucetown Road (Route 672). The result of the use contemplated by the rezoning is that there will be a reduction in existing trips from the Properties that currently enter and exit on Route 11. In the future, given that there will be no vehicular trips to and from Route I I from the Properties, the number of vehicular trips will decrease from not only the existing status but also what would be contemplated should the Properties be developed or zoned to any other use including, but not limited to, industrial which is what is currently depicted on the County's Comprehensive Plan for the Properties. 6.2 Within the fifty foot (50') setback from Route 11, the Applicant agrees to dedicate up to twenty feet (20') to Frederick County or the Virginia Department of Transportation within thirty (30) days of demand of said dedication from either Frederick County or the Virginia Department of Transportation for the purposes of expansion of Route 1 1 (Valley Pike) to install additional lanes of travel and other improvements associated with the Route 1 1 (Valley Pike) expansion. Upon said dedication the remaining land in the setback shall be unaffected and shall continue to serve as a buffer and screening between the operations of the quarry and the right-of-way. In the event the dedication and subsequent development of said land shall adversely affect the aforementioned buffer and screening then the Applicant shall at its discretion alter, amend or relocate the aforementioned buffer and screening. L CD 7. operational Noise Abatement 7.1 The Applicant will make all reasonable efforts to locate mining machinery in the quarry pit or behind berms. 8. Lighting 8.1 "There shall be no affixed lighting structures above -ground on the berms other than as may be required for or provided by regulations that affect the plant operations, including, but not limited to, Mine Safety Health Administration ("MSHA"), VDMME, and any other governunental or regulatory body that oversees mining operations. Lighting used for devices or machines that convey materials or for pit crushing facilities and other mining activities is permitted. Conveying and pit cr-ushing facilities shall also be interpreted as including such other devices or activities that perform similar or related functions that may conic into use and/or existence at some time in the future while the extractive mining use is still in effect on the Properties. In addition to the above, all lighting will be installed in such a manner that there will be no spillover beyond any property line of the Applicant onto adjacent properties not owned by the Applicant. 9. Air Permit 9.1 The Applicant shall maintain its existing general air permit controlling emissions in accordance with the VDEQ standards and also see that the existing general air permit covers all activities conducted on the rezoned Properties. 10. Environment 10.1 In addition to compliance with the Virginia Pollutant Discharge Elimination System water discharge permit already in place, the Applicant agrees to work with a recognized environmental entity of the Applicant's choosing during its operations to ensure that the water emissions fi•om water flowing from the quarry operations on the Properties is of a quality that satisfies the requirements of all applicable discharge permits. 4 • • Respcetfully submitted, O-N MINERALS (CI-IEMSTONE) COMPANY d/b/a CARMEUSE LIME & STONE B3: James E. Bottom Its: Area Operations Manager COMMONWEALTI-I OF VIRGINIA, AT LARGE COUNTY OF _o—, 0-c/c—, , to -wit: The foregoing instrument was acknowledged before me this -Z day of lo'-*e� , oZe /,' , by ,lames E. Bottom, Area Operations Manager of O-N Minerals (Clicrostone) Company d/b/a Carmeusc Lime & Stone. 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Ui'KYK IO l 0""" Ill NOT}1 LF' � AIlRY w n r M Vly N 4P ` ryL- W_T 1 X W • 0 O RESOLUTION �- Action: PLANNING COMMISSION: August 3, 201 l - Recommended Approval BOARD OF SUPERVISORS: December 14, 2011 x APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #01-11 OF CARMEUSE NA — CLEARBROOK REZONING WHEREAS, Rezoning 801-11 of Carcneuse NA — Clemrbi-ook Rezoning, submitted by Patton I-Iarris Rust & Associates and Thomas Moore Lawson, Esquire, to rezone 92+/- acres from RA (Rural Areas) District to EM (Extractive Manufacturing) District, with proffers dated February 8, 2011, and last revised on July 12, 2011, was considered. The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg Pike are located between the intersections of Route 11 with Brucetown Road (Route 672) and Walters Mill Lane (Route 836), in the Stonewall Magisterial District, and are identified by Property Identification Numbers 44-A-83, 44-A-83A and 33-A-144 (portion of). WHEREAS, the Planning Commission held a public hearing on this rezoning on June 15, 2011 and a public meeting on August 3, 2011; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on September 14, 2011, and a public meeting on December 14, 2011; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone 92+/- acres from RA (Rural Areas) District to EM (Extractive Manufacturing) District. The conditions voluntarily proffered in writing by the applicant and the property owner are attached. PDResl119-1 1 0 0 This ordinance shall be in effect on the date of adoption. Passed this 14th day of December, 2011 by the following recorded vote: VOTE Richard C. Shickle, Chairman,e Gary A. Lofton Aye Ross Spicer —AA, e Bill M. Ewing Gene E. Fisher —AA, e Charles S. Del-Iaven, Jr. Abstain Christopher B. Collins May A COPY ATTEST John it �y, . r. Fredick County Administrator VIRGINIA: FRLMRICKWUNTY.SCT. This instrument of writing was produced to me on t-i - H - Zb 12 at q . 58 a-, and vMh certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of s NA and 58.1-801 have been ptid, if assessable. PDRcsI119-I I II / 7�/ieL�l'/� �� ,%'i.✓r;� ,Clerk U o PROPOSED PROFFER STATEMENT REZONING: RZ4 01-11 Rural Areas (RA) to ExtraetiVe Manufacturing (LM) PROPERTY: 92 Acres Tax Map Parcels 44-A-83 and 44-A-83A and a portion of Tax Map Parcel 33-A-144 (the "Properties") RECORD OWNER: O-N Minerals (Chenlstone) Compally d/b/a Carmeusc I_,ime & Stone APPLICANT: O-N Minerals (Chcrostone) Company d/b/a Carnlcuse Lime & Stone ("Applicant") PROJECT NAME: Winchester/Clean)rook ORIGINAL DATE OF PROFFERS: February 8. 2011 REVISION DATE(S): June 2, 201 1, .Tune 21, 201 I,July 12, 2011 The undersigned Applicant hereby proffers that the use and development of the: portions of the above -referenced parcels, which are requested to be rezoned, the portions requested to be rezoned being shown on the attached and incorporated plat identified as "Exhibit l," shall be in strict conformance with the following conditions. which shall supersede all other proffers oil Properties that may have been made prior hereto. hl the event that the above -referenced C k-11 conditional rezoning is not granted as applied for by the Applicant, these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon fin .i rezoning of the Properties with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' (the "Board') decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time ol, development of that portion of the Properties adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. Any proffered conditions that Nwould prevent the Applicant from conforming Na-ith State and/or Federal regulations shall be considered null and void. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. • o 0 CD ram. Land Use 1.1 "file Properties shall be developed with extractive manufacturing land uses pursuant to the Illilllllg permit approved by the Division of Mineral Mining ("DMM") of the Virginia Department of Mines, Minerals and Energy ("VDMME"), and shall therefore conform to the Mineral Mining Law and Reclamation Regulations for Mineral Mining of the Commonwealth of Virginia. 1.2 The Applicant hereby proffers not to engage in the following use on the Properties: Asphalt and concrete mixing plants. 2. Site Development 2.1 The Properties' access via public secondary roads shall be limited to the existing quarry entrance on BrucetoxNm Road (Route 672) unless another entrance is agreed upon by Frederick County or VDOT at some time ill the future. Access by vehicles needed for periodic maintenance of the Properties shall not be limited. 2.2 A combination of landscaping, earthen berms, and fencing shall be installed around the Properties in the areas depicted on the attached and incorporated plat identified as "Exhibit 2." The landscaping shall have a Illix of deciduous and coniferous plantings placed in a random manner to be consistent with existing vegetation patterns. Applicant proffers to plant trees in the places identified on the attached and incorporated plat within one year from the date of unappealable zoning approval. 3. Historic Resources 3.1 The Applicant has completed a Phase I Archaeological Survey of the Properties. The result of the archaeological survey is that the Properties do not have historical significance with the exception of the Martin farmhouse. The Applicant will put the Martin farmhouse into adaptive reuse in the future. In the interim, pursuant to an Instrument which is recorded in the land records of Frederick County, Mrs. Martin continues to reside in and possesses a "life estate" interest in the farmhouse. Further, a Phase II Archaeological Survey of the area adjacent to a spring near the Martin farmhouse is being conducted. 4. Dust Control 4.1 Dust from drills, muck piles, material handling, screens, crushers, conveyors. feeders, hoppers, stockpiles, load -outs, and traffic areas shall be controlled by wet suppression or equivalent, and controlled by and consistent with the terms of the Virginia Department of Environmental Quality ("VDEQ") general air permit. The Applicant shall remediate any adverse impacts to surroundling PI'OPel-ties ca115ecl by dust associated with the mining operations on the Properties. . o C-) U� 5. Blasting Control 5.1 All blasting associated with mining operations on the Properties shall be limited by the mining permit approved by the DMM of the VDMM17-,. Peak Particle Velocities (PPV) associated with blasting on the Properties shall not exceed the levels stipulated by said permit. Any damage to surrounding properties caused by blasting on the Properties shall be remediated at the Applicant's expense. 6. Traffic 6.1 The Applicant proposes as part of this rezoning to not install entrances for vehicular traffic on Route 11 unless agreed by Frederick County or VDOT at some time in the future. The Applicant proffers to continue to use its existing entrance on Brucetown Road (Route 672). "I'he result of the use contemplated by the rezoning is that there will be a reduction in existing trips from the Properties that currently enter and exit on Route 11. In the future, given that there will be no vehicular trips to and from Route 1 1 from the Properties, the number of vehicular trips will decrease from not only the existing status but also what would be contemplated should the Properties be developed or zoned to any other use including, but not limited to, industrial which is what is currently depicted on the County's Comprehensive Plan for the Properties. 6.2 \Nlitliin the fifty foot (50') setback from Route 11, the Applicant agrees to dedicate up to twenty feet (20') to Frederick County or the Virginia Department of Transportation within thirty (30) days of demand of said dedication from either Frederick County or the Virginia Department of Transportation for the purposes of expansion of Route 11 (Valley Pike) to install additional lanes of travel and other improvements associated with the Route 11 (Valley Pike) expansion. Upon said dedication the remaining land in the setback shall be unaffected and shall continue to serve as a buffer and screening between the operations of the quarry and the right-of-way. In the event the dedication and subsequent development of said land shall adversely affect the aforementioned buffer and screening then the. Applicant shall at its discretion alter, amend or relocate the aforementioned buffer and screening. 7. Operational Noise Abatement 7.1 The Applicant will make all reasonable efforts to locate mining machinery in the quarry pit or behind berms. 8, Liphtin 8.1 There shall be no affixed ligliting structures above -ground on the berms other than red for or provided. by regulations that affect the plant operations, as may be requi including, but not limited to, Mine Safety Health Administration ("MSI-IA"), VDMML, and any other governmental or regulatory body that oversees mining 3 • o O CO operations. Lighting used for devices or machines that convey materials or for pit crushing facilities and other mining activities is permitted. Conveying and pit crushing facilities shall also be interpreted as including such other devices or activities that perform similar or related functions that may come into use and/or existence at some time in the future wllile the cxU-active mining use is still in effect on the Properties. In addition to the above, all lighting will be installed in such a manner that there will be no spillover beyond any property line of the Applicant onto adjacent properties not owned by the Applicant. 9. Air Permit 9.1 'file Applicant shall maintain its existing general air permit controlling emissions in accordance with the VDEQ standards and also see that the existing general air permit covers all activities conducted on the rezoned Properties. 10. Environment 10.1 In addition to compliance with the Virginia Pollutant Discharge Elimination System water discharge permit already in place, the Applicant agrees to work with a recognized environmental entity of the Applicant's choosing during its operations to ensure that the water emissions from water flowing from the quarry operations on the Properties is of a quality that satisfies the requirements of all applicable discharge permits. 4 CD 0 CD (J-i Respectfully submitted, O-N MINERALS (CHEMSTONE) COMPANY d/b/a CARJAEUSE LIME & STONE By: Its: COMMONWEALTH OF VIRGINIA, AT LARGE - COUNTY OF FREDERICK, to -wit: , QA The foregoing instrument Nvas acknow1cclged before me this � clay of 2012, by &TV. - NOTARY PUBLIC My commission expires: Registration number: O C=� FRANCES G. MARTIN as holder of life estate interest in parcel 44-A-83 COMMONNVEALTH OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, to -wit: The foregoing instrument was acknow1cclged before me this clay of 2012. by FRANCES G. MARTIN as holder of life estate interest in parcel 44-A-83. My commission expires: Registration number: _ OOn 41007l0 pp Ve COPp " P03LIC 6 . SFr, i! 36236 000", 4 F-Mv ffn�tr� � . i afi2�i�ir ffr:1•n Dom=10 —ru,7AIR MIA vv.� w"M If rxurw"F� r��,, .l .V—U WM, �FrMVV�..rru- r '� r->•G�rr lAF[r!AF;JW l'1/ �--IVIIFVA ��-/ / . , Illy V) V) AMBIGUITY Of LOCATIO, Z ZONING ANY REMAINING WHICH IS IN RA ZONING I z IS G �h rem r=w-w. 91-: n .q s 12 ,3 �a Q� ti y N 13 s � Patton Harris Rust 8 Assoclatos,pc am CAR M EU S E NA Ens6mecm surverom Plannem• Lance. Am''httnts. Jos s—s—,a 1 rm SCALEASHpNOTEDCLEARBROOK EKHiBlTi #f2 '�� { T ti;0-467-21M 1 OF oxsmr OF rim cw(. %VKs6. 0 • "• •. •. '�♦ , lam•* •�p�' 3.^r w• v Nil /I I • � f or op LANDSCAPE BE ` r'j a Ir•.., /�•,' y APPROX.1D Jj- Iry 17.9 to �� is C9 �.. •�•� .i.� 1 •�' {: •�! : s �% r t' •EXISTING QUA PERATI41 ON • ♦ MARTIN FAR ` LIFt= ESTATEIYO: • 7•. 11 •'�s�•„•• -�; .�_�-�- -,- - • ;, � .?• .7, PROPOSED PROFFER STATEMENT REZONING: RZ# 07 -/`z- Extractive Manufacturing (EM) with proffers to Extractive Manufacturing (EM) with revised proffers PROPERTY: 92 Acres +/-; Tax Map Parcels 44-A-83 and 44-A-83A and a portion of Tax Map Parcel 33-A-144 (the "Properties") RECORD OWNER: O-N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone APPLICANT: O-N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone ("Applicant") PROJECT NAME: Winchester/Clearbrook ORIGINAL DATE OF PROFFERS: February 8, 2011 REVISION DATE(S): June 2, 2011, June 21, 2011, July 12, 2011, September2X, 2012 The undersigned Applicant hereby proffers that the use and development of the portions of the above -referenced parcels, which are requested to be rezoned, the portions requested to be rezoned being shown on the attached and incorporated plat identified as "Exhibit 1," shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Properties that may have been made prior hereto. In the event that the above -referenced EM conditional rezoning is not granted as applied for by the Applicant, these proffers shall be deemed withdrawn and shall be null and void. Further these proffers are contingent upon final rezoning of the Properties with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Properties adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. Any proffered conditions that would prevent the Applicant from conforming with State and/or Federal regulations shall be considered null and void. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. • • I 1. Land Use 1.1 The Properties shall be developed with extractive manufacturing land uses pursuant to the mining permit approved by the Division of Mineral Mining ("DMM") of the Virginia Department of Mines, Minerals and Energy ("VDMME"), and shall therefore conform to the Mineral Mining Law and Reclamation Regulations for Mineral Mining of the Commonwealth of Virginia. 1.2 The Applicant hereby proffers not to engage in the following use on the Properties: Asphalt and concrete mixing plants. 2. Site Development 2.1 The Properties' access via public secondary roads shall be limited to the existing quarry entrance on 13rucetown Road (Route 672) unless another entrance is agreed upon by Frederick County or VDOT at some time in the future. Access by vehicles needed for periodic maintenance of the Properties shall not be limited. 2.2 A combination of landscaping, earthen beans, and fencing shall be installed around the Properties in the areas depicted on the attached and incorporated plat identified as "Exhibit 2." The landscaping shall have a mix of deciduous and coniferous plantings placed in a random manner to be consistent with existing vegetation patterns. Applicant proffers to plant trees in the places identified on the attached and incorporated plat within one year from the date of unappealable zoning approval. Notwithstanding the provisions of this Section 2.2, however, the Applicant shall not be required to comply with such provisions with respect to such areas as are currently used by Frederick County as a park and citizens' convenience center under agreement with the Applicant. With respect to such areas currently used by Frederick County as a park and citizen's convenience center, the Applicant proffers to comply with the terms of this Section 2.2 within one year of the termination of the agreement allowing for the uses between Frederick County and the Applicant. 3. Historic Resources 3.1 The Applicant has completed a Phase I Archaeological Survey of the Properties. The result of the archaeological survey is that the Properties do not have historical sigrificance with the exception of the Martin farmhouse. The Applicant will put the Martin farmhouse into adaptive reuse in the future. In the interim, pursuant to an Instrument which is recorded in the land records of Frederick County, Mrs. Martin continues to reside in and possesses a "life estate" interest in the farmhouse. Further, a Phase I1 Archaeological Survey of the area adjacent to a spring near the Martin farmhouse is being conducted. 2 0 rI r 4. Dust Control 4.1 Dust from drills, muck piles, material handling, screens, crushers, conveyors, feeders, hoppers, stockpiles, load -outs, and traffic areas shall be controlled by wet suppression or equivalent, and controlled by and consistent with the terms of the Virginia Department of Environmental Quality ("VDEQ") general air permit. The Applicant shall remediate any adverse impacts to surrounding properties caused by dust associated with the mining operations on the Properties. 5. Blasting Control 5.1 All blasting associated with mining operations on the Properties shall be limited by the miring permit approved by the DMM of the VDMME. Peak Particle Velocities (PPV) associated with blasting on the Properties shall not exceed the levels stipulated by said permit. Any damage to surrounding properties caused by blasting on the Properties shall be remediated at the Applicant's expense. 6. Traffic 6.1 The Applicant proposes as part of this rezoning to not install entrances for vehicular traffic on Route 11 unless agreed by Frederick County or VDOT at some time in the future. The Applicant proffers to continue to use its existing entrance on Brucetown Road (Route 672). The result of the use contemplated by the rezoning is that there will be a reduction in existing trips from the Properties that currently enter and exit on Route 11. In the future, given that there will be no vehicular trips to and from Route 11 from the Properties, the number of vehicular trips will decrease from not only the existing status but also what would be contemplated should the Properties be developed or zoned to any other use including, but not limited to, industrial which is what is currently depicted on the County's Comprehensive Plan for the Properties. 6.2 Within the fifty foot (50') setback from Route 11, the Applicant agrees to dedicate up to twenty feet (20') to Frederick County or the Virginia Department of Transportation within thirty (30) days of demand of said dedication from either Frederick County or the Virginia Department of Transportation for the purposes of expansion of Route 11 (Valley Pike) to install additional lanes of travel and other improvements associated with the Route 11 (Valley Pike) expansion. Upon said dedication the remaining land in the setback shall be unaffected and shall continue to serve as a buffer and screening between the operations of the quarry and the right-of-way. In the event the dedication and subsequent development of said land shall adversely affect the aforementioned buffer and screening then the Applicant shall at its discretion alter, amend or relocate the aforementioned buffer and screening. i i n 7. Operational Noise Abatement 7.1 The Applicant will make all reasonable efforts to locate mining machinery in the quarry pit or behind berms. S. Liahtin 8.1 There shall be no affixed lighting structures above -ground on the berms other than as may be required for or provided by regulations that affect the plant operations, including, but not limited to, Mine Safety Health Administration ("MSHA"), VDMME, and any other governmental or regulatory body that oversees mining operations. Lighting used for devices or machines that convey materials or for pit crushing facilities and other mining activities is permitted. Conveying and pit crushing facilities shall also be interpreted as including such other devices or activities that perform similar or related functions that may come into use and/or existence at some time in the future while the extractive mining use is still in effect on the Properties. In addition to the above, all lighting will be installed in such a manner that there will be no spillover beyond any property line of the Applicant onto adjacent properties not owned by the Applicant. 9. Air Permit 9.1 The Applicant shall maintain its existing general air permit controlling emissions in accordance with the VDEQ standards and also see that the existing general air permit covers all activities conducted on the rezoned. Properties. 10. Envirorunent 10.1 In addition to compliance with the Virginia Pollutant Discharge Elimination System water discharge permit already in place, the Applicant agrees to work with a recognized environmental entity of the Applicant's choosing during its operations to ensure that the water emissions from water flowing from the quarry operations on the Properties is of a quality that satisfies the requirements of all applicable discharge permits. W. 11 Respectfully submitted, 0-N MINERALS (CHEMSTONE) COMPANY d/b/a CARMEUSE LIME & STONI By: E,a--- Its: j"ce— COMMONWEALTH OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, to -wit: ,� rd The foregoing instrument was acknowledged before me this j. clay of Oetober, 2012, by ja ny s E , 111-Et l�r �� - �� r � d f l) A' I' lorl l S C� )� �ny I� cr Coll me r, w-e nee n oNOTARY PUI3LIC 5 Y. f2 My eonunission expires.. Registration number: RFG 32432� Xp1R p�.• , S\ M. 39; =144 oy BASED ON REVIEW OF AVAILABLE DOC E TS IN O II THE POSSESSION OF FREDERICK COU Y PLANNING, I EXISTING INGBBUNBA EAR TO BE IN THE ?O ti° ^�/ i ' • VICINITY FAN EXTENSION PROPERTY �'p�y�Oo6 ii %%%"'"'"�"--�• _ E SOUT AT NJ0° 56' 05" • 2601.16'. THE o/ ; -.,-/ l._. PROPOS N{ RESOLVE ANY AMBIGUITY OF LOCATIO LNG BOUNDARY BY ZONING ANY REMAINING ORTION 0 CEL 144 �/ 3� ••......,. WHICH IS IN RA ZONING 0 EM ZONING. 4:f . IQ!•L7r7�0m �fI�GB 0� ®ri -nr IL!, 0-1 M/I1L717i® ©r=:wA s ■m zw li" 1 _c"- Kp■nr�rm��n��-i�apr,�;��ll•� � ��rCW�I>•Ifra wa"m 1 f�f.��YilTl�rll:.r�11IIJl7f"'k.. T�=®� ���-rrzrrso•It�lrn�[ae._-m� • r�Ci1J• �/Im�IO�i flsTllaml� r,�unr�ram•�t�. tms�r� • �RZlJfLVl�l�l1• Q�Y 1• 1 1 • • • • ■ ■r 1 ■ 1 �._ r: � _cam: ®."� • (ARC 108.90 (ARC lo..76) �I 1 !I 4 BLOW UP AT 1"=300' _ e a 0 • PROPOSED PROFFER STATEMENT REZONING: RZ# 0 7 -/ -?- Extractive Manufacturing (EM) with proffers to Extractive Manufacturing (EM) with revised proffers PROPERTY: 92 Acres +/-; Tax Map Parcels 44-A-83 and 44-A-83A and a portion of Tax Map Parcel 33-A-144 (the "Properties") RECORD OWNER: O-N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone APPLICANT: O-N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone ("Applicant") PROJECT NAME: Winchester/Clearbrook ORIGINAL DATE OF PROFFERS: February 8, 2011 REVISION DATE(S): June 2, 2011, June 21, 2011, July 12, 2011, SeptemberLi5 2012 The undersigned Applicant hereby proffers that the use and development of the portions of the above -referenced parcels, which are requested to be rezoned, the portions requested to be rezoned being shown on the attached and incorporated plat identified as "Exhibit U' shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Properties that may have been made prior hereto. In the event that the above -referenced EM conditional rezoning is not granted as applied for by the Applicant, these proffers shall be deemed withdrawn and shall be null and void. Further these proffers are contingent upon final rezoning of the Properties with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Properties adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. Any proffered conditions that would prevent the Applicant from conforming with State and/or Federal regulations shall be considered null and void. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. • 0 t Land Use 1.1 The Properties shall be developed with extractive manufacturing land uses pursuant to the mining permit approved by the Division of Mineral Mining ("DMM") of the Virginia Department of Mines, Minerals and Energy ("VDMME"), and shall therefore conform to the Mineral Mining Law and Reclamation Regulations for Mineral Mining of the Commonwealth of Virginia. 1.2 The Applicant hereby proffers not to engage in the following use on the Properties: Asphalt and concrete mixing plants. 2. Site Development 2.1 The Properties' access via public secondary roads shall be limited to the existing quarry entrance on Brucetown Road (Route 672) unless another entrance is agreed upon by Frederick County or VDOT at some time in the future. Access by vehicles needed for periodic maintenance of the Properties shall not be limited. 2.2 A combination of landscaping, earthen berms, and fencing shall be installed around the Properties in the areas depicted on the attached and incorporated plat identified as "Exhibit 2." The landscaping shall have a mix of deciduous and coniferous plantings placed in a random manner to be consistent with existing vegetation patterns. Applicant proffers to plant trees in the places identified on the attached and incorporated plat within one year from the date of unappealable zoning approval. Notwithstanding the provisions of this Section 2.2, however, the Applicant shall not be required to comply with such provisions with respect to such areas as are currently used by Frederick County as a park and citizens' convenience center under agreement with the Applicant. With respect to such areas currently used by Frederick County as a park and citizen's convenience center, the Applicant proffers to comply with the terms of this Section 2.2 within one year of the termination of the agreement allowing for the uses between Frederick County and the Applicant. 3. Historic Resources 3.1 The Applicant has completed a Phase I Archaeological Survey of the Properties. The result of the archaeological survey is that the Properties do not have historical significance with the exception of the Martin farmhouse. The Applicant will put the Martin farmhouse into adaptive reuse in the future. In the interim, pursuant to an Instrument which is recorded in the land records of Frederick County, Mrs. Martin continues to reside in and possesses a "life estate" interest in the farmhouse. Further, a Phase I1 Archaeological Survey of the area adjacent to a spring near the Martin farihouse is being conducted. 2 • 0 t 4. Dust Control 4.1 Dust from drills, muck piles, material handling, screens, crushers, conveyors, feeders, hoppers, stockpiles, load -outs, and traffic areas shall be controlled by wet suppression or equivalent, and controlled by and consistent with the terms of the Virginia Department of Environmental Quality ("VDEQ") general air permit. The Applicant shall rernediate any adverse impacts to surrounding properties caused by dust associated with the mining operations on the Properties. 5. Blasting Control 5.1 All blasting associated with mining operations on the Properties shall be limited by the mining permit approved by the DMM of the VDMME. Peak Particle Velocities (PPV) associated with blasting on the Properties shall not exceed the levels stipulated by said permit. Any damage to surrounding properties caused by blasting on the Properties shall be remediated at the Applicant's expense. 6. Traffic 6.1 The Applicant proposes as part of this rezoning to not install entrances for vehicular traffic on Route 11 unless agreed by Frederick County or VDOT at some time in the future. The Applicant proffers to continue to use its existing entrance on Brucetown Road (Route 672). The result of the use contemplated by the rezoning is that there will be a reduction in existing trips from the Properties that currently enter and exit on Route 11. In the future, given that there will be no vehicular trips to and from Route 11 from the Properties, the number of vehicular trips will decrease from not only the existing status but also what would be contemplated should the Properties be developed or zoned to any other use including, but not limited to, industrial which is what is currently depicted on the County's Comprehensive Plan for the Properties. 6.2 Within the fifty foot (50') setback from Route 11, the Applicant agrees to dedicate up to twenty feet (20') to Frederick County or the Virginia Department of Transportation �vitlun thirty (30) days of demand of said dedication from either Frederick County or the Virginia Department of Transportation for the purposes of expansion of Route 11 (Valley Pike) to install additional lanes of travel and other improvements associated with the Route I I (Valley Pike) expansion. Upon said dedication the remaining land in the setback shall be unaffected and shall continue to serve as a buffer and screening between the operations of the quarry and the right-of-way. In the event the dedication and subsequent development of said land shall adversely affect the aforementioned buffer and screening then the Applicant shall at its discretion alter, amend or relocate the aforementioned buffer and screening. 3 • 0 N 7. Operational Noise Abatement 7.1 The Applicant will make all reasonable efforts to locate mining machinery in the quarry pit or behind berms. 8. Li htin 8.1 There shall be no affixed lighting structures above -ground on the berms other than as may be required for or provided by regulations that affect the plant operations, including, but not limited to, Mine Safety Health Administration ("MSI-IA"), VDMME, and any other governmental or regulatory body that oversees mining operations. Lighting used for devices or machines that convey materials or for pit crushing facilities and other mining activities is permitted. Conveying and pit crushing facilities shall also be interpreted as including such other devices or activities that perform similar or related functions that may come into use and/or existence at some time in the future while the extractive mining use is still in effect on the Properties. In addition to the above, all lighting will be installed in such a manner that there will be no spillover beyond any property line of the Applicant onto adjacent properties not owned by the Applicant. 9. Air Permit 9.1 The Applicant shall maintain its existing general air permit controlling emissions in accordance with the VDEQ standards and also see that the existing general air permit covers all activities conducted on the rezoned Properties. 10. Enviroriment 10.1 In addition to compliance with the Virginia Pollutant Discharge Elimination System water discharge permit already in place, the Applicant agrees to work with a recognized environmental entity of the Applicant's choosing during its operations to ensure that the water emissions from water flowing from the quarry operations on the Properties is of a quality that satisfies the requirements of all applicable discharge permits. M 0 Respectfully submitted, O-N MINERALS (CHEMSTONE) COMPANY d/b/a CARMEUSE LIME & STONE By: E, r--- Its: Ace a COMMONWEALTH OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, to -wit: The foregoing instrument was acknowledged b ININ October,+ i'fir'v►'UT�1Ll�i�ffj7jAil,#1 WELT 1, 4 i i eeoceceooeeoeeenc NORY PU LIC T. DCD °° TA �% O pTARY•O� ° My commission expires::' � : At10 Registration number: .• MY EXp1R O C? ��• 1013112 �: �Q- e 'lid ' • ... • • �� rot day of f 0 LA), i'Y ovo l5 mFl El 9H. e .144 NG A ED NING EM Q BASED ON REVIEW OF AVAILABLE DOC E TS IN THE POSSESSION OF FREDERICK COU Y PLANNING, EXISTING ING`B6NNBA EAR TO BE IN THE VICINITY F AN EXTENSION PROPERTY E SOUT AT N39' 56' 05" • 2601.16'. THE 1•.4,. pC ,.'� �' 1 �._. ' PROPOS NI RESOLVE ANY LO yQ r^ AMBIGUITY OF CATIO F Z0 JLING BOUNDARY BY ZONING ANY REMAINING ORTION CEL 144 ti p--� ;,' i ....._. WHICH IS IN RA ZONING 0 EM ZONING. C J� Q .uer (ARC 108.90 AFC 10.78f BLOW UP AT 1"=300' 21 qlI • ft Mike Ruddy From: Rod Williams Sent: Tuesday, December 11, 2012 4:18 PM To: Jason Robertson; Mike Ruddy Subject: FW: Clear Brook Quarry entrance letter - further revision FYI From: Thomas Lawson [mailto:tlawson@lsplc.com] Sent: Tuesday, December 11, 2012 4:41 PM To: Rod Williams Subject: Re: Clear Brook Quarry entrance letter - further revision Jim Bottom advises the revised language is acceptable. He is out of town, but I am hoping to send you the signed agreement tomorrow. Thanks, Ty -----Original Message ----- From: Rod Williams[mailto:rwillia(a)co.frederick.va.us] Sent: Friday, December 7, 2012 09:56 AM To: 'Thomas Lawson' Subject: Clear Brook Quarry entrance letter - further revision Ty ? Per our last correspondence, attached is the further revision of the letter. We really need to get this put to bed ASAP, so if the letter is OK and Jim can sign it, that would be great. Thanks. e Roderick B. Williams County Attorney County of Frederick, Virginia 107 North Kent Street, 3rd Floor Winchester, Virginia 22601 Telephone: (540) 722-8383 Facsimile: (540) 667-0370 E-mail: rwillia co.frederick.va.us U n �I Mike Ruddy From: Rod Williams Sent: Friday, November 09, 2012 11:31 AM To: Ty Lawson Cc: Mike Ruddy; Jason Robertson Subject: Carmeuse Clear Brook rezoning amendment - letter agreement Attachments: LTR - Lawson re quarry proffer agreement.pdf Ty, Following up on our conversation of earlier this week, I have prepared the attached letter. If it is acceptable, we would just need a signature on behalf of Carmeuse and then we can proceed with the proffer amendment as originally proposed. Also, because this issue was still open as of the time of the Board of Supervisors agenda preparation and we try to avoid having to provide the Board with additional materials subsequent to the main agenda packet, I am informed that the proffer amendment will now be on the Board's December 12 agenda, instead of the November 14 agenda. I do not believe this impacts our collective efforts to accomplish a workable solution for all involved. we Roderick B. Williams County Attorney County of Frederick, Virginia 107 North Kent Street, 3rd Floor Winchester, Virginia 22601 Telephone: (540) 722-8383 Facsimile: (540) 667-0370 E-mail: rwillia(a�co.frederick.va.us COUNTY of FREDERICK Roderick B. WiIliAms County Attorney .. 540/722-8383 Fax 540/667-0370 E-mail:.. rwillia@co.fxederick.va,us . . November 9, 2012 Thomas Moore Lawson, Esq. Lawson and Silek, R.L.C. . P.O. Box 2740 Winchester, Virginia 22604 Re: Rezoning #.07-12, Proffer Statement revised July 12, 2011, and as may be subsequently amended, §§ 2.1 and 6.1, 0-N Minerals (Cliemstone) Company d/b/a Carmeuse Lime & Stone ("Carmeuse") Dear Ty: This is a follow up to our telephone discussion of yesterday on the above subject. Specifically; this confirms that, pursuant to the refereiieed sections of the indicated Proffer. Statement, Frederick County and Carmcuse agree that, for the properties subject to the Proffer Statement, access to Route 11 shall continue to be permitted for purposes of such areas as are currently used by Frederick County as a park and citizens' convenience center'as long as such areas continue to be used for either or both of such purposes. If this correctly states the parties' understanduig of this matter, Z ask that you please have a representative of Carmeuse sign the additional enclosed copy of this letter and that you please return same to me. Thank you. Sind ours, Roderick B. illiizrns County Attorney AGREED: O-N Minerals (Chemstone) Company d/b/a Carineuse Lime &Stone. By Its 107 North Kent Street • Winchester, Virginia 22601 u LAWSON AND SILEK, P.L.C. 120 Exltrelt Muvl-', Surrr•, 200 Pos'r 0rr•1co-: Box 2740 11'INCIIESrHR, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 7224051 December 3, 2012 Roderick B. Williams, Esquire County Attorney for Frederick County 107 North Kent Street Wincliester, VA 22601 T110NIAS MOOHI•; LAWSON • �I�1„1�1'tiON�1LSI'LC.CO\1 Re: Carmeuse Lime, Inc. Our File No. 462.013 VIA E-MAIL Dear Rod: I apologize for having taken so long to get back to you. Enclosed please find a redlined letter agreement between the County and Cal-111CLISC. What I have done is added some more specifics to the agreement, and in particular, to recite that what is being agreed to is that Carmeuse keep the entrance to Route 1 1 open. I believe that is all that is required in order to stay compliant with the existing proffers. Thank you I'm- continued assistance and cooperation. I look forward to hearing your thoughts. Very truly yours, /s/ Thomas Moore Lawson Thomas Moore Lawson TML:jk Enclosure cc: Carmeuse Lime, Inc. FRONT RON Al ,\PUN m: PoKl O111C1, BOX 602, FNI\l Itm*m, VI IW"I ( 22630, 1111.1•110.N:: (SIO) 6)5-9115 • F,%(Sl%a11.: 1510) 6)5-9121 • F. N1A0.: nu 11: n 1_wbu.NANDSl I 1 A.CON 0 November 9, 2012 Thomas Moore Lawson, Esq. Lawson and Silek, P.L.C. P.O. Box 2740 Winchester, Virginia 22604 COUNTY of FREDERICK Roderick B. Williams County Attorney 540n22-8383 Pax 540/667-0370 E-mail: rwillia@co.frederick.va.us Re: Rezoning # 07-12, Proffer Statement revised July 12, 2011, and as may be subsequently amended, §§ 2.1 and 6.1, O N Minerals (Chemstone) Company dPo/a Carmeuse Lime & Stone ("Carmeuse") Dear Ty: This is a follow up to our telephone discussion of yesterday on the above subject. Specifically, this confirms that, pursuant to the referenced sections of the indicated Proffer Statement, Frederick County and Carmeuse agree that, for the properties subject to the Proffer Statement, a19 no f this correctly states the parties' understanding of 's matter, I ask that you please have a representative of Carmeuse sign the additional enclose copy of this letter and that you please return same to me. Thank you. the entrance used by Frederick County as a park 5 and citizens' convenience center onto Route 11 Zin ours, shall continue to be used by agreement of the parties for the time period that Frederick County B. rate`s _ continues to use the properties for a park and County Attorney citizens' convenience center. AGREED: O-N Minerals (Chemstone) Company d/b/a Carmeusc Lime & Stone By .. Its 107 North Kent Street • Winchester, Virginia 22601 Mike Ruddy From: Shausenfluck [shausenfluck@lsplc.com] Sent: Friday, January 04, 2013 3:56 PM To: Mike Ruddy Cc: 'Ty Lawson' Subject: Lawson and Silek, P.L.C. Attachments: Ruddy Itr 01-04-13.pdf The attached is being sent at the request of Thomas Moore Lawson, Esquire. Sharon Hausenfluck Administrative Assistant Lawson and Silek, P.L.C. 120 Exeter Drive, Suite 200 Winchester, Virginia 22603 Telephone: (540) 665-0050 Fax: (540) 722-4051 E-mail: shausenfluck n,lsplc.com The information contained in this message is information intended only for the use of the individual or entity named above, and may be attorney/client privileged and confidential. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address. Thank you LAWSON AND SILEK, P.L.C. 120 EXETER DRIVE, SUITE 200 POST OFFICE BOX 2740 WINCHESTER, N'A 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 722-4051 January 4, 2013 Michael T. Ruddy, Deputy Director Planning and Development County of Frederick 107 North Kent Street, Suite 202 Winchester, VA 22601 TIIOMAS MOORE LAWSON • TLAR'SONnLSPLC.COM Re: O-N Minerals (Chemstone) Company Our File No. 462.013 VIA E-MAIL Dear Mike: As a follow-up to our telephone call, enclosed please find a copy of the Proposed Proffer Statement and Rezoning Application Form, the originals of which were picked up from my office by Jason Robertson on October 3, 2012. Please let me know if you will contact Jason for the originals or if you would like me to do so. Also, I noted upon my review of the Form that Jim Bottom signed only as Applicant and not Owner. Although it seems like the one signature should be sufficient I can certainly have Jim sign as Owner if the County requires same. Thank you for your continued assistance and cooperation. I took forward to hearing from you shortly. Very truly yours, /s/ Thomas Moore Lawson Thomas Moore Lawson TML:sih Enclosure cc: Carmeuse Lime & Stone FRONT ROYAL ADDRESS: POST OMCE BOX 652, FRONT ROYAL, VIRGINIA 22630, TEILPRONE: (540) 635A415 • FACSIMILE: (540)635 9421 • E-MAIL: JSILEK(?I�WSONANDSILEF000M PROPOSED PROFFER STATEMENT REZONING: RZ# Extractive Manufacturing (EM) with proffers to Extractive Manufacturing (EM) with revised proffers PROPERTY: 92 Acres -+-/-; Tax Map Parcels 44-A-83 and 44-A-83A and a portion of Tax Map Parcel 33-A-144 (the "Properties") RECORD OWNER: O-N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone APPLICANT: O-N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone ("Applicant") PROJECT NAME: Winchester/Clearbrook ORIGINAL DATE OF PROFFERS: February 8, 2011 REVISION DATE(S): June 2, 2011, June 21, 2011, July 12, 2011, September _, 2012 The undersigned Applicant hereby proffers that the use and development of the portions of the above -referenced parcels, which are requested to be rezoned, the portions requested to be rezoned being shown on the attached and incorporated plat identified as "Exhibit 1," shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Properties that may have been made prior hereto. In the event that the above -referenced EM conditional rezoning is not granted as applied for by the Applicant, these proffers shall be deemed withdrawn and shall be null and void. Further these proffers are contingent upon final rezoning of the Properties with "final rezoning" deemed as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Properties adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. Any proffered conditions that would prevent the Applicant from conforming with State and/or Federal regulations shall be considered null and void. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. 1. Land Use 1.1 The Properties shall be developed with extractive manufacturing land uses pursuant to the mining permit approved by the Division of Mineral Mining ("DMM") of the Virginia Department of Mines, Minerals and Energy ("VDMME"), and shall therefore conform to the Mineral Mining Law and Reclamation Regulations for Mineral Mining of the Commonwealth of Virginia. 1.2 The Applicant hereby proffers not to engage in the following use on the Properties: Asphalt and concrete mixing plants. 2. Site Development 2.1 The Properties' access via public secondary roads shall be limited to the existing quarry entrance on Brucetown Road (Route 672) unless another entrance is agreed upon by Frederick County or VDOT at some time in the future. Access by vehicles needed for periodic maintenance of the Properties shall not be limited. 2.2 A combination of landscaping, earthen begins, and fencing shall be installed around the Properties in the areas depicted on the attached and incorporated plat identified as "Exhibit 2." The landscaping shall have a mix of deciduous and coniferous plantings placed in a random manner to be consistent with existing vegetation patterns. Applicant proffers to plant trees in the places identified on the attached and incorporated plat within one year from the date of unappealable zoning approval. Notwithstanding the provisions of this Section 2.2, however, the Applicant shall not be required to comply with such provisions with respect to such areas as are currently used by Frederick County as a park and citizens' convenience center under agreement with the Applicant. With respect to such areas currently used by Frederick County as a park and citizen's convenience center, the Applicant proffers to comply with the terms of this Section 2.2 within one year of the termination of the agreement allowing for the uses between Frederick County and the Applicant. Historic Resources 3.1 The Applicant has completed a Phase I Archaeological Survey of the Properties. The result of the archaeological survey is that the Properties do not have historical significance with the exception of the Martin farmhouse. The Applicant will put the Martin farmhouse into adaptive reuse in the future. In the interim, pursuant to an Instrument which is recorded in the land records of Frederick County, Mrs. Martin continues to reside in and possesses a "life estate" interest in the farmhouse. Further, a Phase 11 Archaeological Survey of the area adjacent to a spring near the Martin farmhouse is being conducted. 2 4. Dust Control 4.1 Dust from drills, muck piles, material handling, screens, crushers, conveyors, feeders, hoppers, stockpiles, load -outs, and traffic areas shall be controlled by wet suppression or equivalent, and controlled by and consistent with the terms of the Virginia Department of Environmental Quality ("VDEQ") general air permit. The Applicant shall remediate any adverse impacts to surrounding properties caused by dust associated with the mining operations on the Properties. 5. Blasting Control 5.1 All blasting associated with mining operations on the Properties shall be limited by the mining permit approved by the DMM of the VDMME. Peak Particle Velocities (PPV) associated with blasting on the Properties shall not exceed the levels stipulated by said permit. Any damage to surrounding properties caused by blasting on the Properties shall be remediated at the Applicant's expense. 6. Traffic 6.1 The Applicant proposes as part of this rezoning to not install entrances for vehicular traffic on Route 11 unless agreed by Frederick County or VDOT at some time in the future. The Applicant proffers to continue to use its existing entrance on Brucetown Road (Route 672). The result of the use contemplated by the rezoning is that there will be a reduction in existing trips from the Properties that currently enter and exit on Route 11. In the future, given that there will be no vehicular trips to and from Route I 1 from the Properties, the number of vehicular trips will decrease from not only the existing status but also what would be contemplated should the Properties be developed or zoned to any other use including, but not limited to, industrial which is what is currently depicted on the County's Comprehensive Plan for the Properties. 6.2 Within the fifty foot (50') setback from Route 11, the Applicant agrees to dedicate up to twenty feet (20') to Frederick County or the Virginia Department of Transportation within thirty (30) days of demand of said dedication from either Frederick County or the Virginia Department of Transportation for the purposes of expansion of Route 1 I (Valley Pike) to install additional lanes of travel and other improvements associated with the Route I 1 (Valley Pike) expansion. Upon said dedication the remaining land in the setback shall be unaffected and shall continue to serve as a buffer and screening between the operations of the quarry and the right-of-way. In the event the dedication and subsequent development of said land shall adversely affect the aforementioned buffer and screening then the Applicant shall at its discretion alter, amend or relocate the aforementioned buffer and screening. 3 Operational Noise Abatement 7.1 The Applicant will make all reasonable efforts to locate mining machinery in the quarry pit or behind berms. Lighting 8.1 There shall be no affixed lighting structures above -ground on the berms other than as may be required for or provided by regulations that affect the plant operations, including, but not limited to, Mine Safety Health Administration ("MSHA"), VDMME, and any other governmental or regulatory body that oversees mining operations. Lighting used for devices or machines that convey materials or for pit crushing facilities and other mining activities is permitted. Conveying and pit crushing facilities shall also be interpreted as including such other devices or activities that perform similar or related functions that may come into use and/or existence at some time in the future while the extractive mining use is still in effect on the Properties. In addition to the above, all lighting will be installed in such a manner that there will be no spillover beyond any property line of the Applicant onto adjacent properties not owned by the Applicant. Air Permit 9.1 The Applicant shall maintain its existing general air permit controlling emissions in accordance with the VDEQ standards and also see that the existing general air permit covers all activities conducted on the rezoned Properties. 10. Environment 10.1 In addition to compliance with the Virginia Pollutant Discharge Elimination System water discharge permit already in place, the Applicant agrees to work with a recognized environmental entity of the Applicant's choosing during its operations to ensure that the water emissions from water flowing from the quarry operations on the Properties is of a quality that satisfies the requirements of all applicable discharge permits. 4 Respectfully submitted, O-N MINERALS (CHEMSTONE) COMPANY d/b/a CARMEUSE LIME & STONE By: Its: COMMONWEALTH OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, to -wit: The foregoing inshument was acknowledged before med��IV of October, 2012, by �Q rm S . 61-lnryV , A ZaWrd i'ylINO IS C ChQrn�-Gvv)am on'� d cr ccomecl lru � 64YR 1 I c I I t ) o.l d Ot oN T. Do� NOTARY PU13LIC My commission expires Registration number: _ — F5 3 �' •' EXp1R O r C� REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff Zoning Amendment Number PC Hearing Date Fee Amount Paid $ Date Received _ BOS Hearing Date_ The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: O-N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone Address: 11 Stanwix Street, 21"Floor Pittsburgh, PA 15222 Telephone: 412-638-1581 Applicant: Frederick County Parks & Recreation Department Address: 107 North Kent Street Winchester, VA 22601 Telephone: 540-665-5678 2. Property Owner (if different than above): Name: O-N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone Address: 11 Stanwix Street, 2 1 " Floor Pittsburg, PA 15222 Name: Frances G. Martin as holder of life estate interest in parcel 44-A-83 Address: 3004 Martinsburg Pike Stephenson, VA 22656 3. Contact person if other than above: Name: Thomas Moore Lawson; Esq. Jason Robertson, Parks & Rec. Director 12 Telephone: 540-665-0050 Telephone: 540-665-5678 4. Property Information: a. Property Identification Number(s): 44-A-83, 44-A-83A and 33-A-144(portion of) b. Total acreage to be rezoned: 92 acres C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being rezoned): d. Current zoning designation(s) and acreage(s) in each designation: EM (Extractive Manufacturing) - Rezoning 401-11 e. Proposed zoning designation(s) and acreage(s) in each designation: EM with (Extractive Manufacturing) Modified Proffers f Magisterial District(s): Stonewall S. Checklist: Check the following items that have been included with this application. Location map Agency Comments Plat Fees Deed to property Impact Analysis Statement Verification of taxes paid Proffer Statement Plat depicting exact meets and bounds for the proposed zoning district Digital copies (pdf's) of all submitted documents, maps and exhibits 6. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: O-N Minerals (Chemstone) Company d/b/a/ Carmeuse Lime & Stone Frances G. Martin as holder of the estate interest in parcel 44-A-83 7. Adjoining Property: PARCEL ID NUMBER USE ZONING See attached 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): 508 Quqoy Lane (that portion not currently zoned EM), 3004 Martinsburg Pike and 3180 Martinsburg Pike. The subject parcels are located between the intersections of Route 11 with Brucetown Road (Route 672) and with Walters Mill Lane (Route 836). 13 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: 0 Townbome: 0 Multi -Family: 0 Non -Residential Lots: 1 Mobile Home: 0 Hotel Rooms: 0 Square Footage Qf PEoposed Uses Office: 0 Service Station: 0 Retail: 0 Manufacturing: 0 Restaurant: 0 Warehouse: 0 Commercial: 0 Other: 55.2 acres — quarry operations 10, Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from theroad right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Date: Frederick County I'nr s • Recreation partmcnt / 7 Date: 10 1 Z 4 .Is i.� incrnls (Chcroslonc) Company dRda Cnnnctx Emu Owner(s): Date: O-N Minarals (Chtmstono) Company Wa Carmeuso Lime & Stone Date: 14 Adjoining Property Owners Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2"d floor of the Frederick County Administrative Building, 107 North Kent Street. Name Address Property Identification Number (PIN) Name: County of Frederick 107 N. Kent Street Property #: 33-A-162A Winchester, VA 22601 Name: County of Frederick 107 N. Kent Street Property #: 33-A-162B Winchester, VA 22601 Name: Kesari Third Generation LLC 11499 White Oak Ct Property #: 33-A-164B Herndon, VA 20170 Wampler Jack K Sr & Jack K Jr P/A Name: Wampler's Mobile Homes 2648 Martinsburg Pike Property #: 33-A-164D Stephenson, VA 22656 Name: Richardson Kimberly Dick & John Franklin 107 Cotswold Court Property #: 33 A 164E Stephens City, VA 22655 Name: Frederick Land Company LC 893 Clubhouse Road Property #: 33-A-166 York, PA 17403 Name: Frederick Land Company LC 893 Clubhouse Road Property #: 34-A-20 York, PA 17403 Name: White Harry S. Jr. 385 Back Mountain Road Property #: 34-A-24D Winchester, VA 22602 Name: Frederick County Fair c/o Chester Lauck 167 Fairground Road Property #: 44-A-77A Clearbrook, VA 22624 Name: Stonewall District Ruritan ato Joseph Hulver 1023 Redbud Road Property #: 44-A-81 Winchester, VA 22603 Name: Frederick County School Board P.O. Box 3058 Property #: 44-A-82 Winchester, VA 22604 Name: Umbenour Max J & Margaret M 115 Walters Mill Lane Property #: 44-A-84 Stephenson, VA 22656 Name: Bachmann Jane Brumback 137 William Richmond Property #: 44-A-95 Williamsburg, VA 23185 Name: Frederick Land Company LLC 893 Clubhouse Road Property #: 44-A-96 York, PA 17403 IF Name Address Property Identification Number (PIN) Name: Roberts Gregory G. 130 Tatanka Lane Property #: 44-A-96A Stephenson, VA 22656 Name: Cutshaw Alan W & Susan J P.O. Box 133 Property #: 44-A-96C Stephenson, VA, 22656 Name: Frederick Land Company LLC 893 Clubhouse Road Property #: 44-A-96D York, PA 17403 Name: Frederick Land Company LLC 893 Clubhouse Road Property #: 44-A-97 York, PA 17403 Name: Anderson Mark D & Cheryl L 1419 Ramseur Ln Property #: 44-A-100 Winchester, VA 22601 Name: Gray Mark T, Gray Tina M 611 Walters Mill Lane Property #: 44-A-103 Stephenson, VA 22656 Name: Williams Gregory H P.O. Box 443 Property #: 44-A-106 Stephenson, VA 22656 Name: London Roy Alfred III 3172 Martinsburg Pike Property #: 44A-1-1 Clearbrook, VA 22624 Name: Rudy Glenn B 621 Tennyson Avenue Property #: 44A-1-2 Winchester, VA 22601 Name: Hedrick David R. & Sandra L. 3154 Martinsburg Pike Property #: 44A-1-3 Clearbrook, VA 22624 Name: Cornwell Clarke & Tina 3144 Martinsburg Pike Property #: 44A-1-4 Clearbrook, VA 22624 Name: Myers Lolita L. 3134 Martinsburg Pike Property #: 44A-1-5 Clearbrook, VA 22624 Name: Bly Kenneth L. & Joy A 3126 Martinsburg Pike Property #: 44A-1-6 Clearbrook, VA 22624 Name: SK Associates Inc. 11499 White Oak Court Property #: 44A-1-7 Hemdon, VA 20170 Name: Clemons Richard Lee & Mary D 3106 Martinsburg Pike Property #: 44A-1-8 Clearbrook, VA 22624 Name: Butts Joseph L. & Sylvia P. 3096 Martinsburg Pike Property #: 44A-1-9 Clearbrook, VA 22624 Name: Payne Marion D. Jr. 3086 Martinsburg Pike Property #: 44A-1-10 Clearbrook, VA 22624 Name: Frederick Land Company LLC 893 Clubhouse Road Property #: 45-A-1 York, PA 17403 Name: Carter Robert W 827 Gun Club Rd Property #: 45-A-8 Stephenson, VA 22656 Name: Anderson Mark D 1419 Ramseur Ln Property #: 45-A-8C Winchester, VA 22601 16 December 17, 2012 Thomas Moorc Lawson, Esquire Lawson and Silek, P.L.C. PO Box 2740 Winchester, VA 22604 Jason Robertson, Parks & Recreation Director 107 N. Kent Street Winchester, VA 22601 RE: REZONING #07-12, CARMEUSE NA, CLEARI3ROOK and FREDERICK COUKNTY PARKS AND RECREATION PINS: 44-A-83, 44-A-83A and a portion of 33-A-144 Gentlemen: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of December 12, 2012. The above-reicrcneed application was approved to revise proffers associated with Rezoning #01-1 1. This revision relates to the "Site Development" section of the proffers, specifically Section 2.2, and the timing of the planting of the landscaping buffer' adjacent to those areas currently leased and used by Frederick County as a park and citizen's convenience center. The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg Pike, are located on the east side of Route 1 1 between the intersections of BPucetown Road (Route 672) and Walters Mill Lane (Route 836), in the Stonewall Magisterial District. The proffer statement, originally dated February 28, 2011, with final revision date of September 28, 2012, that was approved as a part of this rezoning application is ulliquc to the above referenced properties and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Pursuant to §165.102.06E, the County Attorney will present the written proffer to the Frederick County Clerk of Circuit Court for recordation. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Michael T. Ruddy, AICP Delnity Planning Director Thomas Moore Lawson, Esquire Jason Robertson, Parks & Recreation Director Re: Rezoning #07-12 December 17, 2012 Page 2 cc: Charles S. DeIlaven, Galnesboro District SLlpervisor Gary Oates and Stan Crockett, Gainesboro Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue Rod Williams, COLlnty Attorney, w/orlglnal Proffers and RCS0lL1ti011 O-N Minerals Company, 11 Stanwix Street, 21" Floor, Pittsburg, PA 15222 Frances G. Martin, 3004 Martinsburg Pike, Stephenson, VA 22656 PROPOSED PROFFER STATEMENT REZONING: RZ# a 7 V Z Extractive Manufacturing (EM) with proffers to Extractive Manufacturing (EM) with revised proffers PROPERTY: 92 Acres +/-; Tax Map Parcels 44-A-83 and 44-A-83A and a portion of Tax Map Parcel 33-A-144 (the "Properties") RECORD OWNER: 0-N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone APPLICANT: O-N Minerals (Chemstone) Company d/b/a Carmeuse Lime & Stone ("Applicant") PROJECT NAME: Winchester/Clearbrook ORIGINAL DATE OF PROFFERS: February 8, 2011 REVISION DATE(S): June 2, 2011, June 21, 2011, July 12, 2011, SeptemberL9, 2012 The undersigned Applicant hereby proffers that the use and development of the portions of the above -referenced parcels, which are requested to be rezoned, the portions requested to be rezoned being shown on the attached and incorporated plat identified as "Exhibit U' shall be in strict conformance with the following conditions, which shall supersede all other proffers on the Properties that may have been made prior hereto. In the event that the above -referenced EM conditional rezoning is not granted as applied for by the Applicant, these proffers shall be deemed withdrawn and shall be null and void. Further these proffers are contingent upon final rezoning of the Properties with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affinning the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Properties adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. Any proffered conditions that would prevent the Applicant from conforming with State and/or Federal regulations shall be considered null and void. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. A— Ar, .il� y %• �p ��e ,� ��\�. \APR LANDSCAPE BERM t / APPROX. 10 FT HIGH v; •� ,� ,., is '' y�..�v ��� _ _ � ,� _+- �. 4L J.:! t FXISTING QUARRY (• t♦ J =, Foe~RATIONSXA y� ~� MARTIN FARM t ':•r �1. � £ �^ LIFE ESTATE .41 fig r': Land Use 1.1 The Properties shall be developed with extractive manufacturing land uses pursuant to the mining permit approved by the Division of Mineral Mining ("DMM") of the Virginia Department of Mines, Minerals and Energy ("VDMME"), and shall therefore conform to the Mineral Mining Law and Reclamation Regulations for Mineral Mining of the Commonwealth of Virginia. 1.2 The Applicant hereby proffers not to engage in the following use on the Properties: Asphalt and concrete mixing plants. 2. Site Development 2.1 The Properties' access via public secondary roads shall be limited to the existing quarry entrance on Brucetown Road (Route 672) unless another entrance is agreed upon by Frederick County or VDOT at some time in the future. Access by vehicles needed for periodic maintenance of the Properties shall not be limited. 2.2 A combination of landscaping, earthen berms, and fencing shall be installed around the Properties in the areas depicted on the attached and incorporated plat identified as "Exhibit 2." The landscaping shall have a mix of deciduous and coniferous plantings placed in a random manner to be consistent with existing vegetation patterns. Applicant proffers to plant trees in the places identified on the attached and incorporated plat within one year from the date of unappealable zoning approval. Notwithstanding the provisions of this Section 2.2, however, the Applicant shall not be required to comply with such provisions with respect to such areas as are currently used by Frederick County as a park and citizens' convenience center under agreement with the Applicant. With respect to such areas currently used by Frederick County as a park and citizen's convenience center, the Applicant proffers to comply with the terms of this Section 2.2 within one year of the termination of the agreement allowing for the uses between Frederick County and the Applicant. 3. Historic Resources 3.1 The Applicant has completed a Phase I Archaeological Survey of the Properties. The result of the archaeological survey is that the Properties do not have historical significance with the exception of the Martin farmhouse. The Applicant will put the Martin farmhouse into adaptive reuse in the future. In the interim, pursuant to an Instrument which is recorded in the land records of Frederick County, Mrs. Martin continues to reside in and possesses a "life estate" interest in the farmhouse. Further, a Phase II Archaeological Survey of the area adjacent to a spring near the Martin farmhouse is being conducted. 2 4. Dust Control 4.1 Dust from drills, muck piles, material handling, screens, crushers, conveyors, feeders, hoppers, stockpiles, load -outs, and traffic areas shall be controlled by wet suppression or equivalent, and controlled by and consistent with the terms of the Virginia Department of Environmental Quality ("VDEQ") general air permit. The Applicant shall remediate any adverse impacts to surrounding properties caused by dust associated with the mining operations on the Properties. 5. Blasting Control 5.1 All blasting associated with mining operations on the Properties shall be limited by the mining permit approved by the DMM of the VDMME. Peak Particle Velocities (PPV) associated with blasting on the Properties shall not exceed the levels stipulated by said permit. Any damage to surrounding properties caused by blasting on the Properties shall be remcdiated at the Applicant's expense. 6. Traffic 6.1 The Applicant proposes as part of this rezoning to not install entrances for vehicular traffic on Route 11 unless agreed by Frederick County or VDOT at some time in the future. The Applicant proffers to continue to use its existing entrance on Brucetown Road (Route 672). The result of the use contemplated by the rezoning is that there will be a reduction in existing trips from the Properties that currently enter and exit on Route 11. In the future, given that there will be no vehicular trips to and from Route 11 from the Properties, the number of vehicular trips will decrease from not only the existing status but also what would be contemplated should the Properties be developed or zoned to any other use including, but not limited to, industrial which is what is currently depicted on the County's Comprehensive Plan for the Properties. 6.2 Within the fifty foot (50') setback from Route 11, the Applicant agrees to dedicate up to twenty feet (20') to Frederick County or the Virginia Department of Transportation within thirty (30) days of demand of said dedication from either Frederick County or the Virginia Department of Transportation for the purposes of expansion of Route 11 (Valley Pike) to install additional lanes of travel and other improvements associated with the Route 11 (Valley Pike) expansion. Upon said dedication the remaining land in the setback shall be unaffected and shall continue to serve as a buffer and screening between the operations of the quarry and the right-of-way. In the event the dedication and subsequent development of said land shall adversely affect the aforementioned buffer and screening then the Applicant shall at its discretion alter, amend or relocate the aforementioned buffer and screening. 3 7. Operational Noise Abatement 7.1 The Applicant will make all reasonable efforts to locate mining machinery in the quarry pit or behind beans. 8. Li htin 8.1 There shall be no affixed lighting structures above -ground on the berms other than as may be required for or provided by regulations that affect the plant operations, including, but not limited to, Mine Safety Health Administration ("MSHA"), VDMME, and any other governmental or regulatory body that oversees mining operations. Lighting used for devices or machines that convey materials or for pit crushing facilities and other mining activities is permitted. Conveying and pit crushing facilities shall also be interpreted as including such other devices or activities that perform similar or related functions that may come into use and/or existence at some time in the future while the extractive mining use is still in effect on the Properties. In addition to the above, all lighting will be installed in such a manner that there will be no spillover beyond any property line of the Applicant onto adjacent properties not owned by the Applicant. 9. Air Permit 9.1 The Applicant shall maintain its existing general air permit controlling emissions in accordance with the VDEQ standards and also see that the existing general air permit covers all activities conducted on the rezoned Properties. 10. Enylronment 10.1 In addition to compliance with the Virginia Pollutant Discharge Elimination System water discharge permit already in place, the Applicant agrees to work with a recognized envirorunental entity of the Applicant's choosing during its operations to ensure that the water emissions from water flowing from the quarry operations on the Properties is of a quality that satisfies the requirements of all applicable discharge permits. M Respectfully submitted, O-N MINERALS (CHEMSTONE) COMPANY d/b/a CARMEUSE LIME & STONI:' By: its: COMMONWEALTH OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, to -wit: � rot The foregoing instrument was acknowledged before me this j�` d7,0 f October, 2012, by S l ( r f YY / m 15 (C YlP a�q-6vv) iGYi'l��nh 0C� ire We t YY1 e Stale ri - aeo�eaeal L I ) I ) I eeeeeeeea T. NOTARY PU LIC ON 00 My commission expires awl�BRc' •. / Registration number: # 3243 �o,�' 013112D •�Q� w O •• ... •' OC. `a 01006110 5 000 ■E �. � S It 2T.M. 33; -144 E TS IN BASED ON REVIEW OF AVAILABLE DOC -///,C�vY' THE POSSESSION OF FREDERICK COU Y PLANNING, EXISTING MG-ReU EAR TO BE IN THE �V VO ^�� ' • VICINITY FAN EXTENSION PROPERTY SOOT AT N39° 56' , • 2601.16'. THE q`� �i' _� l._. PROPOS NI RESOLVE ANY �I AMBIGUITY OF LOCA I FU N�BOUNDIARY . ZONING ANY REMAIING ORTION WHICH IS IN RA ZONING EM ZON i 4PN/C3�5 1 BLOW UP AT 1"=300'