HomeMy WebLinkAbout03-23 BOS Staff Report REZONING APPLICATION #03-23
O-N MINERAL (CHEMSTONE) dba CARMEUSE AMERICAS
Staff Report for the Board of Supervisors
Prepared: October 20, 2023
Staff Contacts: John Bishop, AICP, Assistant Planning Director
Reviewed Action
Planning Commission: 10/4/23 Recommended Approval
Board of Supervisors: 10/25/23 Pending
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 10/25/23 BOARD OF
SUPERVISORS 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 as adopted September 27,
2023. The proposed zoning classification of Extractive Manufacturing conflicts with the Board’s
adopted future land use designations which call for Industrial, Heavy Industrial, and Warehouse uses
for the parcels under consideration in this rezoning.
The Applicant has recently completed a hydrogeologic study which is included in the rezoning
attachments. The applicant had previously noted that the study would be peer reviewed, however
Virginia Tech has turned down that opportunity.
Below, the applicant’s proffer statement, dated October 19, 2023, details the applicant’s proffered
conditions to offset impacts of development. Staff notes regarding areas of concern are included in
bold italics. Please note that there was a set of October 12th proffers received by staff on October 17th, a
redline version of the October 12th proffers is included to show what changed between the September
29th version, as well as a redline showing what changed between the October 12th and October 19th
versions. A clean version of the October 19th proffers is included.
In addition to those comments, Staff would recommend the Board of Supervisors 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. Impacts on the community and particularly nearby residents and enforceability of proffers
offered to mitigate those impacts.
4. The potential impact of uses allowed by-right in the proposed zoning district that were not
studied.
Following the required public hearing, a decision regarding this rezoning application by the
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Board of Supervisors would be appropriate. The Applicant should be prepared to adequately
address all concerns raised by the Board of Supervisors.
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
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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 October 18, 2023 Acceptable form with
comments.
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 emails from Roderick B. Williams, County
Attorney dated October 18th, 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 (last updated September 27, 2023). 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
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The Northeast Land Use Plan (NELUP) in Appendix 1 of the Comprehensive Plan does not
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’s recent update of the NELUP resulted in no changes being made
to future land uses for the application area.
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 October 19, 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. A copy of the GDP is attached hereto and
incorporated by reference into these Proffers as Exhibit C.
1.2. While the entire Property shall be zoned to the Extractive Manufacturing (“EM”) 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, 2023 Tax Map Parcel 33-A-144, (the
“Existing Stockpile”), by fifty (50) feet. Following this reduction in height of the
Existing Stockpile, its height shall not be increased. This Existing Stockpile is located
on lands owned by the Owner that are currently zoned EM and are not included in this
rezoning application. This off-site proffer obligation, however, shall be obligatory
against all lands constituting the Property included in this rezoning application.
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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 cannot be raised above the 100 feet in the future.
2.2 The materials removed from the Existing Stockpile shall be relocated to other lands
owned by the Owner that possess an EM zoning designation in conformance with
VDOE permits and shall be limited to a maximum height of one hundred (100) feet.
2.3 Following this reduction in the height of the Existing Stockpile and stabilization of the
stockpile elements, Owner shall reclaim the disturbed areas of overburden material with
seed - such seed selection to be determined in consultation with the VDOE’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 twelve (12) months following Final Approval. Thereafter,
work in reducing the height of this Existing Stockpile shall commence promptly upon
issuance of the VDOE permits 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 D, shall
not exceed seventy five (75) feet in height. The New Stockpiles shall be designed to
provide usable materials for future productive use pursuant to Proffer 3.2 below and
shall not be permanent in nature.
3.2 Within eighteen (18) months following cessation of all mining activities on the
Property, the New Stockpiles shall be rough graded in way which will render the land
where the New Stockpiles were located to be suitable for other economic development
and industrial uses, and in accordance with VDOE and other permits and all applicable
laws. “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.
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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. The landscaping shall have a mix of small, medium, and large deciduous
and coniferous plantings placed in a random manner to be consistent with existing
vegetation patterns. 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.
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 of Frederick (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, Seven-Hundred and Fifty Thousand
Dollars ($1,750,000) 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.
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4.3. Road Abandonments & Relocations.
The Owner has commenced a process with VDOT pursuant to Va. Code Ann. § 33.2-
912 requesting certain road abandonments 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 which the Road
Improvements (defined below) are substantially constructed and opened for
vehicular traffic. All of the existing public roads maintained by VDOT shall remain
open for public use until the Road Improvements are substantially completed and
opened for public use.
4.4 Road Improvements.
Within one (1) year following Final Approval, the Owner shall submit design plans
to the County and VDOT for the following road improvements (collectively, the
“Road Improvements”):
(A) Construction of a cul-de-sac on Woodside Road (State Route 671) 0.1
miles east of the Winchester & Western Railroad crossing as shown on the
GDP, together with dedication plats of all needed rights-of-way and
necessary easements,
(B) Construction of a new paved Rural Two-Lane Section (R2) public road
within Owner’s property boundary as shown on the GDP running from
Woodbine Road (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 easements, and
(C) 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 access points
and driveways to Branson Springs Road (State Route 668) to serve the two
parcel owners identified as 2023 Frederick County Tax Map Parcels 33-A-
87 and 34-1-B.
All of the Road Improvements shall be designed to be in conformance with VDOT
minimum standards and measures shall be taken to avoid significant curves or other
design elements in the Road Improvements that are not conducive to safe and efficient
travel and particularly industrial traffic. Following approval of the design plans for the
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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 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 Property for processing,
or fifteen (15) years following approval of the design plans by the County and VDOT,
whichever event occurs first in time. Road Improvements described in Section 4.4.A
must be completed within ten (10) years following approval of the design plans by the
County and 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 fee simple rights-of-way and necessary
easements for the Road Improvements on the Property to the Board at no cost to the
County prior to the commencement of any road construction activities. The Owner
shall reserve for future dedication to the County sufficient right-of-way to facilitate
future widening of the New Road to be a 4-lane divided road section (the “Additional
Right-of-Way”) by others. Upon receipt of a written request from the County for
dedication of all or a portion of the Additional Right-of-Way, the Owner shall dedicate
this requested land to the County at no cost to the County. During the construction of
the New Road discussed in Section 4.4B above, the Owner shall also rough grade the
Additional Right-of-Way to facilitate the future construction by others for the New
Road to be a 4-lane divided road section.
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.
4.5 Mine Traffic and Tunnel Under Brucetown Road
For all rezoned Property, the Owner will utilize the existing 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. The Owner shall obtain
VDOT reauthorization for use of this existing tunnel prior to moving material from the
Property.
Staff note: For clarity, this would still allow for traffic from other potential by right
uses in the EM Zoning District to utilize the surrounding transportation network
(concrete mixing, asphalt mixing, etc.).
4.6 No Increase in Quarry-Related Truck Traffic Volumes Exiting onto Brucetown Road
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While approval of Rezoning Application RZ # 03-23 will allow for additional mineral
resource mining to take place on land rezoned to the EM zoning district, this 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.
Upon Final Approval and at no time thereafter shall the number of trucks carrying
finished product which have been weighed and ticket across the scales (“Customer
Trucks exiting onto Brucetown Road from the plant’s existing Brucetown Road exit
exceed an average of four hundred (400) Customer Trucks per day as measured over
any consecutive thirty day period (the “Maximum Daily Average”).
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 scale house tickets, in
order to verify Owner’s compliance with this section. In the event the Maximum Daily
Average is ever exceeded, the Owner acknowledges that the County, through its Zoning
Administrator, may exercise any or all of the remedies for breach of this proffered
condition pursuant to Section 165-102.06 (G) of the Zoning Ordinance.
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. Furthermore, since the applicant does business by rail with their
finished product, in bound truck trips hauling product for processing that eventually
leaves by rail would not be captured in this count.
4.7 Exit and Relocation Restrictions
The Owner further covenants and agrees that:
(i) Owner shall not use any other access point from the plant onto Brucetown Road
other than the Brucetown Road entrance that exists as of the date of this
rezoning application and shall not make an application to VDOT for any new
entrance permit along Brucetown Road. The Owner shall ensure that its existing
entrance on Brucetown Road remains in full conformance with all VDOT
minimum standards at all times and that this conformance obligation may entail
future improvements to this Brucetown Road entrance, and
(ii) Owner shall not use any exit onto Walters Mill Lane for ticketed Customer
Trucks unless there is an emergency circumstance that temporarily necessitates
such use in accordance with VDOT’s recommendation and approval, and
(iii) Owner shall not relocate Owner’s existing lime kilns or related equipment onto
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the newly rezoned Property.
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 11:00
AM and 5:00 PM, Monday through Friday. If there is an emergency situation that
necessitates 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 five (5) 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
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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
shall be submitted to VDOE for verification. In the event that VDOE is unable to
determine causation, an independent third-party expert shall be retained at the Owner’s
sole cost and expense. In the event the Owner’s quarry operations are determined to be
the cause of the damage to the Surrounding Property, this damage shall be promptly
remediated and repaired by Owner at Owner’s sole cost and expense.
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 the U.S. Department of Labor's Mine
Safety and Health Administration (“MSHA”) or other applicable regulatory agency.
6.4 The Owner shall not use any temporary lighting fixtures on top of berms or stockpiles
unless such temporary lighting is directed by VDOE and MSHA to address an
emergency situation.
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 a minimum of three (3) times
per week from the current Brucetown Road entrance and two thousand (2,000) feet west
on Brucetown Road.
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
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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 MONITORING WELLS AND SEISMIC MONITORING STATIONS
8.1 Owner shall have a minimum of six (6) monitoring wells installed, which shall include
any existing monitoring wells, within six (6) months after Final Approval to establish
baseline water levels in order to effectively monitor and avoid any detrimental impact to
groundwater wells on the Surrounding Property.
8.2 Any adverse impact or damage to wells located on the Surrounding Property shall be
submitted to VDOE for verification. In the event that VDOE is unable to determine
causation, an independent third-party expert shall be retained at the Owner’s sole cost
and expense. In the event the Owner’s quarry operations are determined to be the cause
of the adverse impact or damage to wells located on the Surrounding Property, this
damage shall be promptly remediated and repaired by Owner at Owner’s sole cost and
expense.
8.3 Owner shall also utilize the seismic monitoring stations described in Section 5.2 to
monitor the impacts of blasting events upon the hydrogeology of the vicinity and assist
in determining any potential detrimental impact to groundwater wells on the
Surrounding Property due to blasting activity.
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
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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.
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
donate up to five thousand (5,000) tons of aggregate for use in 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.
Rezoning #03-23 O-N Mineral (Chemstone)
dba Carmeuse Americas
October 20, 2023
Page 14
13.3 The Permitted uses 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” and “Manufacture and processing of cement, lime and
gypsum” are hereby proffered-out and shall not be permitted on the Property.
Staff note: With these being the only uses 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/
concrete mixing plants and the manufacture of brick, block and precast concrete
products.
13.4 In order to facilitate the acquisition of matching grant or “Smart Scale” funding so as to
allow for the widening and improvement of Brucetown Road between Quarry Lane and
Hopewell Road concurrent with improvements to the Hopewell Road/Martinsburg
Pike/Brucetown Road Intersection pursuant to Section 4.2, above, the County may at its
sole discretion reallocate any or all of the cash contributions set forth in Sections 9, 10,
or 11 toward the widening and improvement of Brucetown Road between Quarry Lane
and Hopewell Road.
PLANNING COMMISSION SUMMARY AND ACTION FROM THE MEETING OF 10/04/23:
The Planning Commission considered this item on October 4, 2023, with September 29th proffers
as updated from July 10th. They recommended approval by a vote of 9-2 with another 2 members
abstaining.
Following the required public hearing, a decision regarding this rezoning application by the
Board of Supervisors would be appropriate. The Applicant should be prepared to adequately
address all concerns raised by the Board of Supervisors