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HomeMy WebLinkAbout03-23 PC Staff Report REZONING APPLICATION #03-23 O-N MINERAL (CHEMSTONE) dba CARMEUSE AMERICAS Staff Report for the Planning Commission Prepared: September 21, 2023 Staff Contacts: John Bishop, AICP, Assistant Planning Director Reviewed Action Planning Commission: 10/4/23 Pending Board of Supervisors: TBD Pending EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 10/4/23 PLANNING COMMISSION MEETING: This is a rezoning application #03-23 of O-N Mineral (Chemstone) dba Carmeuse Americas submitted to rezone +/- 391.87 acres from the RA (Rural Areas) District to the EM (Extractive Manufacturing) District with proffers. As proposed the requested rezoning proposal is not in compliance with the Comprehensive Plan as well as the Northeast Land Use Plan (NELUP) portion of the Comprehensive Plan. The proposed zoning classification of Extractive Manufacturing conflicts with the Board’s adopted future land use designations which call for Industrial and Heavy Industrial uses for the parcels under consideration in this rezoning. The Applicant has recently completed and is awaiting peer review on a hydrogeologic study. Given the numerous groundwater concerns raised by local residents as part of the NELUP public hearing process, the results of this study could be a meaningful point of consideration for the Planning Commission and Board of Supervisors. Below, the applicant’s proffer statement, dated July 10, 2023, details the applicant’s proffered conditions to offset impacts of development. Staff notes of areas of concern are included in bold italics. In addition to those comments, Staff would recommend the Planning Commission carefully consider the following items: 1. The ability to implement the future comprehensive planned land uses if the current, inconsistent, application is approved. 2. The enforceability of proffers on parcels not bound by the proffer package after the proposed use is in operation. 3. The acceptability of the applicant’s modifications to the transportation system and whether the proposed roadway sections align with the needs of the Comprehensive Plan. 4. Impacts on the community and particularly nearby residents and enforceability of proffers offered to mitigate those impacts. Following a public hearing, a recommendation from the Planning Commission regarding this rezoning application to the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Planning Commission. Rezoning #03-23 O-N Mineral (Chemstone) dba Carmeuse Americas September 21, 2023 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. PROPOSAL: Submitted to rezone +/-391.87 acres from the RA (Rural Areas) District to the EM (Extractive Manufacturing) District with proffers. LOCATION: The properties are located at east of the Winchester & Western Railroad, north of Brucetown Road (Route 672) and Turkey Run, and south of Woodbine Road (Route 669). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 34-(A)-10, 34-(A)-10A, 34-(A)-10B, 34-(A)-10D, 34-(A)-10E, 34- (A)-10F, 34-((8))-1-1, 34-((8))-1-2, 34-((8))-1-3, 34-((8))-1-4, 34-((8))-1-5, 34-((8))-1-6, 34-((8))-1-7, 34-((8))-1-8, 34-((8))-1-9, 34-((8))-1-17, 34-((A))-8A (portion), 34-((1))-A, 34-((A))-7, 34-((A))- 129A, 34-((A))-129E(portion), 34-((A))-129G PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) District Use: Agricultural South: EM (Extractive Manufacturing) District Use: Extractive Mining East: RA (Rural Areas) District Use: Agricultural West: RA (Rural Areas) District Use: Agricultural/Industrial/Warehouse M1 (Light Industrial) District Rezoning #03-23 O-N Mineral (Chemstone) dba Carmeuse Americas September 21, 2023 Page 3 REVIEW EVALUATIONS: Review Agency Comment Issuance Date Status Virginia Department of Transportation (VDOT) May 10, 2023 Comments resolved. Frederick Water January 6, 2023 No comments. Frederick County (FC) Public Works January 31, 2023 No comments. FC Fire Marshal January 20, 2023 No comments. FC Parks and Recreation January 13, 2023 No comments. FC Public Schools (FCPS) February 2, 2023 No comments. FC Attorney February 28, 2023 Acceptable form. Frederick-Winchester Service Authority January 3, 2023 No comments. Winchester Regional Airport January 9, 2023 No comment relevant to rezoning. Historic Resources Advisory Board February 27, 2023 Comment resolved. County of Frederick Attorney: Please see attached email from Roderick B. Williams, County Attorney dated June 23, 2023. 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. 2) Comprehensive Plan The Comprehensive Plan is the guide for the future growth of Frederick County. The Comprehensive Plan is an official public document that serves as the community’s guide for making decisions regarding development, preservation, public facilities, and other key components of community life. The Plan is developed with the input of the public and adopted by the Board of Supervisors (lasted updated November 2021). In essence, the Comprehensive Plan is a composition of policies used to guide the future physical development of Frederick County in support of the Board’s adopted Vision and Core Values as outlined in the plan. The Area Plans in Appendix I of the Comprehensive Plan offer more detailed implementation guidance in the planning areas of the County. Land Use The Northeast Land Use Plan (NELUP) in Appendix 1 of the Comprehensive Plan does not Rezoning #03-23 O-N Mineral (Chemstone) dba Carmeuse Americas September 21, 2023 Page 4 currently have text addressing the future of the parcels in question. However, the Land Use Plan calls for Industrial, Warehousing, and Heavy Industrial uses for the parcels subject to this rezoning request. The County is currently in the midst of an update to the NELUP which could impact the Comprehensive Plan compliance of this application if adopted. Transportation and Site Access The parcels in question have frontage on Branson Springs Road, Woodbine Road, and Grace Church Road. To serve the designated future land uses in the NELUP, the roadways are planned to be improved to major collector roadways in the Eastern Road Plan component of the Comprehensive Plan. The Applicant proposes numerous changes to these roadways via abandonments and realignment/replacements as detailed in the proffers. It is also noteworthy that this application, due to the applicant’s proffered intention to access these parcels via the existing Carmeuse facility entrance and tunnel underneath Brucetown Road, will continue to send future trips down Brucetown Road. Brucetown Road to the west of the applicant’s entrance is planned to become a major collector roadway and the intersections of Hopewell and Brucetown Road with Route 11 are planned to be aligned. 3) Proffer Statement, Dates July 10, 2023 staff notes in bold italics 1. LAND USE AND PHASING 1.1. The Property shall be developed in substantial conformance with the GDP. The GDP is intended to delineate the general location of the regional road systems, the approximate limits of mining, and the general location of Woodside Road, Branson Springs Road and Grace Church Road. The final location of the road improvements and the approximate limits of mining may be adjusted to accommodate final engineering design requirements, and Virginia Department of Energy (“VDOE”) permitting requirements, without the need to revise the GDP - provided that these adjustments are consistent with the overall layout depicted on the GDP. Staff Note: Specific GDP date should be referenced in addition to attachment of the GDP to the proffer statement. 1.2. While the entire Property shall be zoned to the EM (Extrac tive Manufacturing) zoning district, the Owner shall limit the area for extractive mining to that area delineated on the GDP as “Approximate Limits of Mining”. 2. REDUCTION IN HEIGHT OF EXISTING STOCKPILE 2.1 The Owner shall reduce the maximum height of the existing 150-foot stockpile along the western border of the existing Martin Farm, Tax Map Parcel 33-A-144, as shown on Exhibit A (the “Existing Stockpile”), by 50 feet. This Existing Stockpile is located on lands owned by the Owner that are currently zoned EM and are not included in this rezoning application. Rezoning #03-23 O-N Mineral (Chemstone) dba Carmeuse Americas September 21, 2023 Page 5 Staff Note: As this parcel (33-A-144) is not part of this rezoning and thus not bound by this proffer, additional measures should be taken to ensure that the stockpile height could not be raised above the 100 feet in the future. 2.2 The materials removed from the Existing Stockpile shall be relocated to other areas of Owner’s lands as generally depicted on Exhibit A, in conformance with VDOE permits and in conformance with Proffer 3, below. Staff Note: The relocation area depicted in the applicant’s graphics (Exhibit A) indicate significant additional encroachment of the stockpile toward a neighboring residence. This impact should be carefully considered. Furthermore, the reference to proffer 3 appears to be in conflict as proffer 3 references a 75 foot stockpile as opposed to 100 and references within proffer 3 are to the rezoned property and new quarry. Additional clarity is needed. 2.3 Following this reduction in the height of the Existing Stockpile and stabilization of the stockpile elements, the Owner shall reclaim the disturbed areas of overburden material with seed – such seed selection to be determined in consultation with the Division of Mining’s mine inspector based on the best post-mining land use determination at the time, and in accordance with VDOE reclamation regulations and associated permits. 2.4 The Owner shall file all requisite permits allowing for this reduction in the height of the Existing Stockpile within six (6) months following Final Approval. Thereafter, work in reducing the height of this Existing Stockpile shall commence promptly upon issuance of the VDOE authorizing this activity, and Owner shall complete this reduction in the height of the Existing Stockpile no later than thirty (30) months following issuance of these VDOE permits. 3. NEW STOCKPILES AND BERMS 3.1 Any new stockpiles created on the rezoned Property (the “New Stockpiles”), which Owner anticipates shall be located within the general area depicted on Exhibit A, shall not exceed 75 feet in height and shall not be permanent in nature. 3.2 Within eighteen (18) months following cessation of all mining activities on the rezoned Property, and pursuant to the VDOE permits, all New Stockpiles shall be reclaimed so as to be amenable for other economic development and industrial uses. “Mining activities” means operations associated with the exploration for, and extraction of, aggregates and other minerals, including byproducts of the same, and the development and operations of a mine and all acts incident or conducive to any such operations and purposes, including but not limited to, reclaiming stockpiled stone for processing and all mine closure and rehabilitation activities. Staff note: As written and combined with applicant’s long history and stated long term nature of the applicant’s activities it should be noted that this proffer commitment would likely be unrealized for decades to come. Rezoning #03-23 O-N Mineral (Chemstone) dba Carmeuse Americas September 21, 2023 Page 6 3.3 Earthen berms shall be created around any new quarry areas on the Property and shall be at least twenty (20) feet in height and conform to VDOE mining requirements. The berms shall be landscaped to minimize impacts to the viewshed of the surrounding community. There shall be no extraction of material for processing outside these berms. Berms shall be constructed at least three (3) years (36 calendar months) prior to the extraction of the material for processing. The Owner shall adhere to the relevant Buffer and Screening requirements of the Frederick County Code (165-203.02), where applicable, and in accordance with permits issued to Owner by the VDOE, as shown on the GDP. In addition to requirements of the Frederick County Code, Owner will take all appropriate measures to ensure survival of such plantings. The landscaping shall be subject to reasonable approval of the Zoning Administrator of Frederick County. Staff note: More detail should be developed and incorporated into the proffers to ensure the Board and public have a clear expectation of the landscaping plan to be implemented. 4. TRANSPORTATION IMPROVEMENTS 4.1. The Owner shall construct all public roadway improvements referenced below in the locations depicted on the GDP and in accordance with regulations required for state road acceptance by the Virginia Department of Transportation (“VDOT”). Minor modifications, as necessary upon final engineering, shall be permitted subject to site plan approval by the County and VDOT. 4.2. In order to facilitate improvements at, or in the vicinity of, the Hopewell Road/Martinsburg Pike/Brucetown Road Intersection, the Owner shall, upon Final Approval: (i) Provide a cash donation of One Million Dollars ($1,000,000) to the County for such improvements within one (1) year of Final Approval, (ii) Dedicate that parcel of land it currently owns identified as 2023 Frederick County Tax Map Parcel 33-A-115A to the Board within two (2) months after receipt of a written request from a duly authorized agent of the County, (iii) Dedicate that parcel of land it currently owns identified as 2023 Frederick County Tax Map Parcel 33-A-115B, to the Board within two (2) months after receipt of a written request from a duly authorized agent of the County, and (iv) Donate up to thirty thousand (30,000) tons of aggregate to go towards the intersection improvements, which shall be made within thirty (30) days after receipt of a written request from a duly authorized agent of the County or VDOT. Rezoning #03-23 O-N Mineral (Chemstone) dba Carmeuse Americas September 21, 2023 Page 7 4.3. Road Abandonments & Relocations. Concurrent with the filing of Rezoning Application RZ #03-23, the Owner has requested that the Board initiate certain road aba ndonments and relocations of (i) a portion of Woodside Road (State Route 671), (ii) a portion of Grace Church Road, and (iii) a portion of Branson Spring Road (State Route 668), as shown on the GDP (collectively, the “Road Abandonments and Relocations”). The effective date of the Road Abandonments and Relocations shall be the date on whic h the Road Improvements (defined below) are substantially constru cted and opened for vehicular t raffic. Staff note: While the Board may choose to support the proposed actions with public hearings and resolutions or letters of support subject to the requirements of the various actions being undertaken by the Applicant, staff would note that without expedient pursuit of the changes to the road system, those Board actions could be come outdated and not meet requirements of the Virginia Department of Transportation. If this were to transpire, a future board would be asked to renew these actions and a current Board action could not bind a future Board. This could potentially result in a future Board choosing not to support the proposed roadway changes. 4.4 Road Improvements. Within one (1) year following Final Approval, the Owner shall sub mit design plans for the following road improvements (collectively, the “Road Improvements”): Construction of a cul-de-sac on Woodside Road (State Route 671) 0.1 miles east of the Winchester & Western Railroad crossing as sho wn on the GDP, together with dedication plats of all needed right s-of-way and necessary easements, and (A) Construction of a new paved Rural Two-Lane Section (R2) public road within Owner’s property boundary as shown on the GDP runni ng from Woodbine R oad (State Route 669 to Grace Church Road (State Route 668) (the “New Road”) taking into consideration the geometric design and the vertical and horizontal alignment of the New Road , together with dedication plats of all needed rights -of-way and necessary easement s, and (B) Construction of a cul -de-sac at the eastern end of Branson Springs Road (State Route 668) as shown on the GDP, together with dedication plats of all needed rights -of-way and necessary easements. In addition to the construction of this cul-de-sac, the Owner shall construct new ac cess points and driveways to Branson Springs Road (State Route 668) to serve the two parcel owner s identified as 2023 Frederick County Tax Map Parcels 33-A-87 and 34-1-B. Following approval of the design plans for the Road Improvements by the County and VDOT, the Owner shall provide a corporate surety bond approved by the County Attorney for the construction of the Road Improvements using a proffer performance Rezoning #03-23 O-N Mineral (Chemstone) dba Carmeuse Americas September 21, 2023 Page 8 agreement. The Road Improvements described in Section 4.4.B and 4.4.C above must be completed by the Owner prior to Owner’s extraction of material from the rezoned Property for processing, or fifteen (15) years following approval of the design plans by the County/VDOT, whichever comes first. Road Improvements described in Section 4.4.A must be completed within ten (10) years following approval of the design plans by the County/VDOT. The section of Woodside Road (State Route 671) between the new cul-de- sac and its intersection with Grace Church Road (State Route 668) may be abandoned in order to accommodate the desired land use in phases, while keeping the other sections of the road open to vehicular traffic until such time as the other approved Road Abandonments and Relocations become effective. The Owner shall also dedicate all needed rights-of-way and necessary easements for these roadway improvements on the Property to the Board at no cost to the County prior to the commencement of any road construction activities. Pursuant to the terms and conditions of the Road Abandonments and Relocations contained in Section 4.3 above, Woodside Road (State Route 671) north of Grace Church Road, Branson Springs Road (State Route 668), and Grace Church Road (State Route 668) shall remain open for vehicular traffic until such time as the New Road has been completed and is opened for vehicular traffic, at which time the approved Road Abandonments and Relocations shall become effective. Staff note: Staff would note that the roads to be constructed are comprehensive planned to be major collector roadways which indicates a likely future need for a 4- lane divided facility. Measures should be taken to reserve sufficient right-of -ay for future widening. Additionally, measures should be taken to avoid items such as significant curves or other design elements that are not conducive to safe and efficient travel and particularly industrial traffic. 4.5 Mine Traffic and Tunnel Under Brucetown Road For all rezoned Property, the Owner will utilize the tunnel beneath Brucetown Road for the hauling of production materials between Owner’s rezoned and owned properties, and Owner’s existing zoned and owned properties. 4.6 No Increase in Quarry-Related Truck Traffic Volumes Exiting onto Brucetown Road While approval of Rezoning Application RZ # 03-23 will allow for additional mineral resource mining to take place on land rezoned to the EM (Extractive Manufacturing) district, the rezoning does not contemplate any increase in the processing capacity of the lime plant, aggregate plant, or milled limestone plant currently being operated by Owner. Staff note: For clarity this is not a commitment to not further expand processing capacity of the existing processing operations not subject to this rezoning. However, recognizing that traffic on Brucetown Road is nonetheless a concern to some members of the community, if at any time after Final Approval the average daily traffic of Rezoning #03-23 O-N Mineral (Chemstone) dba Carmeuse Americas September 21, 2023 Page 9 ticketed customer trucks over any consecutive 30-day period exceeds 400 ticketed customer trucks leaving the plant via the Brucetown Road exit per day, the Owner shall provide an additional one-time cash contribution to the County in the amount of One Million Dollars ($1,000,000) for road improvements in the vicinity of Hopewell Road, Martinsville Pike and Brucetown Road. Following Final Approval, upon reasonable advanced written notice to Owner, an employee of the County, subject to reasonable and customary terms of confidentiality due to the competitive/sensitive nature of such information, may perform an audit of Owner’s books and records showing the number of customer trucks departing the plant via the Brucetown Road exit, as evidenced by departing customer scalehouse tickets, in order to verify Owner’s compliance with this section. Staff note: Staff is uncertain how much, if at all, the proposed “400 ticketed customer trucks exiting” exceeds current facility norms as they attempt to evaluate this proffer. In addition, staff would note that there could be a scenario based on future business decisions and/or demand the Applicant could exceed the threshold and pay the penalty, after which the Board would have no further recourse or ability to offset the impact regardless of how much or for how long the Applicant exceeded the threshold. 4.7 Exit and Relocation Restrictions Owner further covenants and agrees that: (i) Owner shall not use any other point of exit from the plant onto Brucetown Road other than the Brucetown Road exit that exists as of the date of this rezoning application, and (ii) Owner shall not relocate Owner’s existing lime kilns or related equipment onto the newly rezoned Property. Staff note: Related to the staff note to proffer 4.6, staff would express concern regarding the ability for the County and/or VDOT to require future entrance improvements to address growth (if there is growth) in traffic at the entrance. 5. BLASTING ACTIVITIES 5.1 Limitations on Blasting Hours and Other Operating Activity Hours of Operation Owner covenants and agrees that no drilling, blasting, or hauling activities shall take place on the Property on the following major holidays: New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve Day, and Christmas Day. Furthermore, Owner agrees it shall limit all blasting activities to the hours between 11AM and 5PM, Monday through Friday. If there is an emergency situation that necessitates Rezoning #03-23 O-N Mineral (Chemstone) dba Carmeuse Americas September 21, 2023 Page 10 blasting outside these hours, Owner shall give the County Zoning Administrator prior notice of the date and time that such blasting will occur, and the reason that necessitates the off- hour blasting. 5.2 Limitation on Total Blasting Activity All blasting associated with mining activities on the Property is governed by Owner’s mining permit approved by the VDOE. In addition, Owner agrees that it will further limit all blasting activity on the Property North of Brucetown Road to a maximum of fifteen (15) total blasts in any consecutive five (5) day period. 5.3 Pre-Blast Alerts The Owner shall establish and maintain a notification methodology that will provide advanced notice, upon request, to any party that owns property within fifteen hundred feet (1,500’) of Owner’s rezoned Property (the “Surrounding Property”), of any blasting that will occur North of Brucetown Road. Such notification methods may include, but shall not be limited to, telephone calls, text messages and/or emails. 5.4 Blasting Activity Planning and Monitoring Owner agrees to have a VDOE-approved blasting plan in place at all times. Peak particle velocities (PPV) shall not exceed the limits contained in, and shall be monitored in accordance with, Owner’s mining permit approved by the VDOE. In addition to the VDOE monitoring requirements, Owner agrees to install and maintain a minimum of three (3) additional permanent seismograph units in areas that surround any new active quarry location on the Property to further monitor PPV and air vibrations related to blasting activity on the Property. The location of these additional seismograph units shall be chosen in coordination with, and at the direction of, a licensed seismograph engineer that is experienced in this function in order to maximize such units’ monitoring sensitivity. 5.5 Damage Caused by Blasting Any damage to the Surrounding Property caused by blasting on the rezoned Property (such causation being verified by the VDOE as well as an independent third-party expert) shall be promptly remediated and repaired by Owner at Owner’s sole cost and expense. Staff note: VDOE verification should be sufficient to require remediation. A third party should only be included if the initial review by VDOE finds no causation. Rezoning #03-23 O-N Mineral (Chemstone) dba Carmeuse Americas September 21, 2023 Page 11 6. NOISE AND LIGHT EMISSIONS 6.1 In order to reduce noise emissions, the Owner shall install directional ("white noise") style back-up horns on all mining equipment and any other vehicles operating on the Property that have back-up alarms. These “white noise” alarms will replace the louder “beep” style alarms routinely installed on Owner’s mining equipment/vehicles. 6.2 In order to reduce light emissions, the Owner shall not install fixed lights on top of berms or stockpiles on the rezoned Property. 6.3 All lighting installed on the rezoned Property North of Brucetown Road shall be down- facing, unless otherwise required by the VDOE or other applicable regulatory agency. Staff note: The comments from the County Attorney noted the potential use of temporary lighting and in response the Applicant noted that temporary lighting would not be used. However, the proffers do not appear to prohibit their use. Temporary lighting, particularly if powered by a gasoline generator has the potential to create a negative impact to surrounding properties. 7. DUST 7.1 Dust from all mining and production operations on the rezoned Property shall be controlled by wet suppression, or equivalent, consistent with the terms and conditions of the general air permit issued by the VDEQ. 7.2 In addition, Owner shall perform street sweeping services twice per week from the current Brucetown Road entrance and 2,000 feet west on Brucetown Road to further mitigate the potential of any fugitive dust. Staff note: Staff would suggest that due to varying weather patterns and levels of business use that can impact the amount of dust or mud carried to Brucetown Road and the number of past comments from surrounding residents regarding dust and mud on the roadway combined with the fact that the Applicant would have the equipment available to perform the service that roadway dust and mud be treated daily. 8. GROUND WATER 8.1 Owner shall maintain a minimum of two (2) monitoring wells to establish baseline water levels to effectively monitor and avoid any detrimental impact to groundwater wells on the Surrounding Property. Owner agrees to install at least one (1) such monitoring well within six (6) months after Final Approval. 8.2 Any adverse impact or damage to wells located on the Surrounding Property caused by Owner’s mining activity on the rezoned Property (such causation being verified by VDOE Rezoning #03-23 O-N Mineral (Chemstone) dba Carmeuse Americas September 21, 2023 Page 12 as well as an independent third-party expert) shall be promptly remediated and repaired by Owner at Owner’s sole cost and expense. Staff note: As noted above, VDOE determination of impact should not require third party verification of the need to offset an impact unless VDOE determines there not to be causation. In addition, staff would note that the Applicant has recently completed and awaits peer review on a hydrogeologic study. The results of this peer reviewed document could be an important consideration for the Planning Commission and Board of Supervisors. 9. CONTRIBUTION IN SUPPORT OF VOLUNTEER FIRE AND RESCUE SERVICES 9.1. With the desire to support Clear Brook Volunteer Fire and Rescue, the Owner shall provide a cash contribution in the amount of Two Hundred and Fifty-Thousand Dollars ($250,000.00) to the County within one (1) year of Final Approval to go towards Clear Brook Volunteer Fire and Rescue’s first responder and emergency services in the vicinity of the Property. 10. CONTRIBUTION IN SUPPORT OF NEW CAPITAL FACILITIES AT STONEWALL ELEMENTARY SCHOOL 10.1 With the desire to support capital improvements at Stonewall Elementary School, the Owner shall provide a cash contribution in the amount of Two Hundred and Fifty - Thousand Dollars ($250,000.00) to the County within one (1) year of Final Approval for use in funding such capital improvements. The County shall have the right and opportunity, however, to utilize these contributed funds toward any capital improvements as it may deem appropriate. 11. CONTRIBUTION IN SUPPORT OF FREDERICK COUNTY PARKS AND RECREATION CAPITAL IMPROVEMENTS SERVING THE STONEWALL DISTRICT 11.1 With the desire to support the construction of capital improvements by Frederick County Parks and Recreation serving the Stonewall District, the Owner shall provide a cash contribution in the amount of Two Hundred and Fifty-Thousand Dollars ($250,000.00) to the County within one (1) year of Final Approval, for use in funding such capital improvements. The County shall have the right and opportunity, however, to utilize these contributed funds toward any capital improvements as it may deem appropriate. 12. SUPPORT FOR NEW REGIONAL TRAILS SERVING THE STONEWALL DISTRICT 12.1 With the desire to support regional trails to serve the Stonewall District, within one (1) year of Final Approval, the Owner shall submit a regional trail network conceptual plan to Frederick County Parks and Recreation Department depicting a design for future regional trails which will serve the Stonewall District in the vicinity of the rezoned Property. Rezoning #03-23 O-N Mineral (Chemstone) dba Carmeuse Americas September 21, 2023 Page 13 12.2 Within six (6) months following (i) the Board of Supervisors approval of the design plans submitted by, and designed in collaboration with, Frederick County Parks and Recreation Department and Owner, and (ii) the preparation and approval of any required easement plats and related deeds by the County, the Owner shall dedicate the public access easements to the County for construction of these regional trails on lands it owns, subject to approval by VDOE and Frederick Water. 12.3 Concurrent with the dedication of these public access easements to the County for construction of the regional trails depicted in the Owner’s conceptual plan, and in accordance with the approved design of the regional trail network, the Owner shall pay to the County a cash contribution in the amount of Seven Hundred and Fifty-Thousand Dollars ($750,000.00) for use in funding the construction of these regional trails. 13. MISCELLANEOUS 13.1 The Owner shall at all times maintain a general air permit in accordance with all applicable Virginia Department of Environmental Quality (“VDEQ”) standards governing all mining and production operations on the Property. 13.2 Prior to any land-disturbing or demolition of any existing structures on the Property, the Owner shall prepare a Phase 2 architectural study and historical survey be conducted for all structures on the Property, including but not limited to Woodside (DHR #034-0731) that shall include a chain of title including contextual history of ownership, and an architectural analysis of the interior and exteriors documenting any significant modifications or events related to structures and associated resources/outbuildings. 13.3 The Permitted use allowed in the EM (Extractive Manufacturing) zoning district entitled “Oil and natural gas extraction and/or pumping, including storage of production produced on the site” is hereby proffered-out and shall not be permitted on the Property. Staff note: With this being the only use proffered out staff would advise that other substantially impactful uses could be conducted on this property that have not been adequately studied or analyzed for potential mitigation of impacts, including asphalt and concrete mixing plants, the manufacture and processing of cement lime and gypsum, and brick, block and precast concrete products. Following a public hearing, a recommendation from the Planning Commission regarding this rezoning application to the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Planning Commission.