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PC_06-15-11_Meeting_MinutesMEETING MINUTES ® OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on June 15, 2011. PRESENT: June M. Wilmot, Chairman /Member at Large; Roger L. Thomas, Vice Chairman/ Opequon District; Brian Madagan, Opequon District; Gary R. Oates, Stonewall District; J. Stanley Crockett, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Greg L. Unger, Back Creek District; Kevin O. Crosen, Back Creek District; Christopher M. Mohn, Red Bud District; Philip E. Lemieux, Red Bud District; and Roderick B. Williams, County Attorney. STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; John A. Bishop, Deputy Director - Transportation; and Renee' S. Arlotta, Clerk. CALL TO ORDER & ADOPTION OF AGENDA ® Chairman Wilmot called the meeting to order at 7:00 p.m. Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the Planning Commission unanimously adopted the June 15, 2011, Planning Commission agenda as presented. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes of May 18, 2011 were unanimously approved as presented. Frederick County Planning Commission Page 2757 Minutes of June 15, 2011 -z- E Development Review & Regulations Committee (DRRC) — 5/26/11 Mtg. Commissioner Unger reported that after a lengthy discussion on a revision to the zoning ordinance to include automobile repair shops as a permitted use in the M1 (Light Industrial) Zoning District, the DRRC decided this change would be appropriate and forwarded their recommendation to the Commission. Commissioner Unger said the DRRC also had a lengthy discussion on revisions to the landscaping requirements in the zoning ordinance, but they decided to continue with further discussions on this topic. Transportation Committee - 6/13/11 Mtg. Commissioner Oates reported the Transportation Committee discussed six items: 1) Speed Reduction on Refuge Church Road — voted to review the request next month after VDOT provides input on accident data; 2) Interstate and Primary Road Improvement Plan — voted to approve with minor text edits; 3) Traffic Calming Measures in Canter Estates — voted to revisit this itemlafter some nearly - completed road improvements have been finished and VDOT data becomes available; 4 and 5) MPO's Planning Work Program and Long -Range Plan — voted in support of both of these plans; 6) Discussion of crosswalks around the Greenwood Mill Elementary School — VDOT and i Deputy Director - Transportation, John A. Bishop are studying the matter and will report back to the cominittee next month. 11 Comprehensive Plans & Programs Committee (CPPC) — 6/13/11 Mtg. Commissioner Kriz reported that the CPPC had only one addendum to the 2011 Comprehensive Policy Plan and subsequently moved the plan forward. CITIZEN COMMENTS Chairman Wilmot called for citizen comments on any issue not on this evening's agenda. No one came forward to speak and Chairman Wilmot closed the citizen comment portion of the meeting. Frederick County Planning Commission Page 2758 Minutes of June 15, 2011 -3- PUBLIC HEARING r Review according to the State Code of Virginia, Volume 3A, Counties, Cities, & Towns, Section 15.2 -2232, Legal Status of Plan, for the Frederick County Sanitation Authority, Silver Lake, and the Carpenter Land Trust for a ground storage water tank facility to serve the Round Hill Community and the Sewer and Water Service Area (SWSA). The purpose of this review is to ensure the proposed facility is substantially in accord with the adopted 2007 Comprehensive Policy Plan for Frederick County. This property is located on the west side of Poorhouse Road and is identified with P.I.N. 52 -A -47A in the Gainesboro Magisterial District. Action — Recommended Approval Commissioner Crockett said he would recluse himself from all discussion and voting on this item because he serves on the Sanitation Authority Board. Deputy Planning Director, Michael T. Ruddy, reported that the applicant is seeking a Comprehensive Plan conformance determination, in accord with the Code of Virginia, Section 15.2 -2232, as to whether the general location of the Round Hill Ground Water Storage Tank on this property is consistent with the Frederick County Comprehensive Plan. He said the applicant for this review is the Frederick County Sanitation Authority (FCSA), Silver Lake, and the Carpenter LandlTrust. The public facility proposed is a ground storage water tank facility to serve the Round Hill Community and the Sewer and Water Service Area (SWSA). Mr. Ruddy noted that very simply, the Planning Commission's evaluation is limited to determining if the location of this facility on this property is consistent with, and implements, the Comprehensive Policy Plan. He said that more detailed site development items will be addressed at the time of site plan approval in a manner consistent with the Frederick County Ordinance. Commissioner Thomas inquired if there were any other ground water or elevated water storage tanks on the Sanitation Authority's system in this area. Mr. Ruddy replied there were two ground water storage tanks in this general vicinity and he gave the approximate locations. i Mr. Evan A. Wyatt of Greenway Engineering came forward as the representative for this application. Mr. Wyatt stated that the proposed location has been considered and endorsed by the FCSA's Board and the location served the need for the pressure and storage capacity needed to serve the Round Hill Community. In addition, placing this facility at this location would further the goal of the Comprehensive Policy Plan by providing water service to the community. Commissioner Thomas commented this will be the westernmost water supply connected into the total system in this area and will also be used for pressurization of the fire water system in the residential areas. Mr. Wyatt agreed. Chairman Wilmot next opened the public hearing to citizen comments and called for anyone in the audience wishing to speak. The following people came forward: Ms. Laura Campbell, an adjoining property owner and resident of the Gainesboro District, came forward to speak in opposition to this proposal and she read from a prepared statement. Ms. Campbell said that for too long government and certain business interests colluded to make it possible to take the land of one land owner and give it to another for the purpose of increasing tax revenue or employment or for private gain. She said that everything described about this plan and who benefits from it clearly points to private gain, a private benefit, private enterprise, and increasing tax revenue and is Frederick County Planning Commission Page 2759 Minutes of June 15, 2011 MIM economic development. Ms. Campbell believed the water tank will damage the viewshed of the Round t Hill Community; it will negatively affect the property values of the surrounding property owners; and it did not conform with the Comprehensive Policy Plan. Ms. Campbell was not pleased that she would have to look at this water tank from her home. She was concerned about blasting during construction and possible damage that might be incurred to her well. She was also concerned about the noise, dirt, and traffic during construction and the impact to her quality of life. Ms. Campbell expressed concern about the possible damage or loss of mature trees along Skyview Lane during the installation of pipe; she said the trees provided a natural buffer for her property. Ms. Campbell spoke against the condemnation of private property for economic benefit for a private developer. Mr. Phil Haines, a resident of the Gainesboro District, said he lived fairly close to the proposed water tank and he was opposed to the tank location. Mr. Haines said he emailed the Planning Commission members many months ago about the history of Round Hill, which goes back to Revolutionary times when Hessian soldiers camped there. He believed placing a water tank here would disrupt the historical value of the hill. Mr. Haines said this tank will be fed by a pumping station behind Walmart. He believed there were other options available to provide water to the Round Hill Community. Mr. Haines stated there were other locations the tank could be located where no trees could be displaced and no neighbors would be affected. Mr. Dick Larson, an adjoining property owner and a resident of the Gainesboro District, was opposed to the proposed tank location. Mr. Larson said this tank was originally approved for the Silver Lake property as part of a rezoning application; he said the water tank was to be paid for by Silver Lake and it was to be located on their commercial property along Route 50. Mr. Larson read portions of the Comprehensive Policy Plan which stated that green infrastructure needed to be protected, including scenic views. In addition, he said the Round Hill Plan talks about minimizing visual disruption to the • Route 50 Corridor. Mr. Larson said he was a participant in a lawsuit against the applicants to not only stop the project from proceeding, but to oppose the removal of the right to appeal this case to the Board of Zoning Appeals. Mr. Larson believed this project was being proposed for personal financial benefit, rather than for the benefit of the Round Hill Community. He expressed concern about the developer being given water and sewer rights for future development of his property. Mr, Larson was also concerned about the visual impact of the water tank. Mr. Bob Seville, an attorney representing local property owners, Mr. Dick Larson, Ms. Laura Campbell, Mr. Phil Haines, and Ms. Driver, came forward to speak in opposition to the proposed tank location. Mr. Seville did not believe a determination could be made as to whether the tank location was substantially in accord with the Comprehensive Policy Plan without knowing what the proposed tank was going to look like. He said it will be tall, big, and presumably have a 1.5 million - gallon capacity. He said it will take very large trees to screen the view of this tank from everything below it on Round Hill. Mr. Seville said the proposed tank location is outside of the SWSA and is another reason why this location should not be approved. He asked if the Commission was prepared to amend the Comprehensive Policy Plan to allow up to 300 -400 homes on the Carpenter property. He said if this water tank is located outside of the service area it is intended to serve, the Commission is essentially saying that when Mr. Carpenter comes to the Commission with his rezoning application, the Commission will amend the Comprehensive Policy Plan and allow more urban -style development on his property; he said the Commission will be powerless to deny the rezoning. Furthermore. Mr. Seville said the Comprehensive Policy Plan speaks about the importance of the view sheds throughout this County and the protection of forestry. In conclusion, Mr. Seville stated that when Silver Lakes was approved, it came before the Planning Commission and the Board of Supervisors with a proposed location for a water tower; he noted 11 Frederick County Planning Commission Page 2760 Minutes of June 15, 2011 i -5- that proposed tower location was approved inside the SWSA. Mr. Seville remarked there was no need for • this other location and he asked the Commission to deny this request. No one else wished to speak and Chairman Wilmot closed the public comment portion of the hearing. Commissioner Thomas commented that as part of the Comprehensive Policy Plan, it is the County's responsibility to make sure it provides a useable utility system that can serve residential and commercial development in the Urban Development Areas (UDA). He stated thelsystem has to be designed based on hydraulic calculations and pressures that are usually determined through the fire protection system, not necessarily the residential water systems. Mr. Thomas said the locations of the storage and elevated tanks are based on engineering analysis of where those locations best balance the hydraulics of the total system and maintain pressure. He said the proposed location will not only help the Round Hill Community, but the fire and emergency response for our firemen. He said if the Sanitation Authority has stated this is where a tank is needed, then it is in accord with the Comprehensive Policy Plan to support the County's commercial, residential, and fire water systems, along with the Sanitation Authority's water system. A motion was next made by Commissioner Kriz to approve the proposed facility location and to support the project's substantial accordance with the Comprehensive Policy Plan! This motion was seconded by Commissioner Triplett and unanimously passed. BE IT RESOLVED, that the Frederick County Planning Commission has reviewed the proposal by the Frederick County Sanitation Authority, Silver Lake, and the Carpenter Land Trust for a ground storage water tank facility to serve the Round Hill Community and the Sewer and Water Service Area (SWSA) ® according to the State Code of Virginia, Volume 3A, Counties, Cities, & Towns, Section 15.2 -2232, Legal Status of Plan, and the Planning Commission finds the proposed facility to be substantially in accord with the adopted 2007 Comprehensive Policy Plan for Frederick County and unanimously supports the proposed location on the west side of Poorhouse Road, on P.I.N. 52 -A -47A in the Gainesboro Magisterial District. (Note: Commissioner Crockett abstained from all discussion and voting on this item.) Conditional Use Permit #05 -11 for AT &T Mobility and Willis Wolfe for a 170 -foot telecommunications facility with a 50 -foot by 50 -foot equipment compound at 575 Glengary Road. This property is further identified with P.I.N. 13 -A -72 in the Gainesboro Magisterial District. Action — Tabled for 45 Days Chairman Wilmot announced that just prior to this meeting, the Planning Commission was informed the applicant cannot be present. Chairman Wilmot asked if there was anyone in the audience who had planned to speak for this public hearing concerning the AT &T tower. There were two persons in the audience who wanted to speak. With that information, Chairman Wilmot said the Commission would proceed with the public hearing. • Frederick County Planning Commission Page 2761 Minutes of June 15, 2011 ME Zoning and Subdivision Administrator, Mark R. Cheran, reported that this conditional • use permit will enable the construction of a 170 -foot monopole commercial telecommunications facility. Mr. Cheran said the property is zoned RA (Rural Areas) and the land use is residential. He noted that the zoning ordinance requires that all proposed telecommunication facilities be subject to additional performance standards in order to promote orderly economic development and to mitigate the negative impacts to adjoining properties, residential properties, land use patterns, scenic areas, and properties of significant historic values. Mr. Cheran stated there were no properties of significant historical value, or any historical sites, adjacent to this proposed use. Mr. Cheran also noted that the Frederick County Zoning Ordinance requires an applicant to provide confirmation that an attempt was made to co- locate on an existing telecommunication facility and possible co- location structures. He said the applicant has provided an inventory of existing telecommunication facilities and no other telecommunication facilities or possible co- location opportunity structures exist in this area. Furthermore, the applicant had stated that this proposed commercial telecommunication facility will be positioned to provide the existing and future land uses in this area of the County with telecommunication needs. Mr. Cheran next read a list of recommended conditions, should the Planning Commission find this use to be appropriate. i Commissioner Thomas commented there are no residences within 200 feet. He said the closest residence is on the Wolfe property and the next closest residence is approximately 750 to 1,000 feet away. Mr. Cheran agreed. Commissioner Mohn had a question concerning Condition 44, "The tower shall be removed by the applicant or property owner within 12 months of abandonment of operation." Commissioner Mohn asked if there was a system in place whereby the County would be informed when a • tower is abandoned or when it is not being actively used by a provider. Mr. Cheran replied that it would be incumbent upon the applicant or the property owner to notify the County when the tower is not actively being used. Chairman Wilmot inquired how long a permit was valid when operating a telecommunications tower. Mr. Cheran assumed it would be as long as the applicant has FCC licensing. Chairman Wilmot next opened the public hearing and called for citiz t i n comments. The following persons came forward to speak: Mr. Thomas Anderson, an adjoining property owner, said his home was approximately 750 feet from the proposed tower and lie spoke in opposition to the conditional use permit. Mr. Anderson said he found this tower proposal to be incredibly insensitive to this area and its residents. He said this is a very rural area and most of the residents who moved to this area did so to escape the encroachment of technology and commercial development. Mr. Anderson said he was not only concerned with what was in the application, but what was not in the application; he believed it was deficient. lie considered this a "boiler plate" application in which numbers are plugged in, depending upon the location. He noted the application states the site will house hazardous materials, but there is no plan to address hazardous materials if there is a spill. In addition, he wanted to know how far down into the ground a base would need to be to support a 170 -foot tower and thousands of pounds of antennae array. Furthermore, Mr. Anderson was concerned about protection of ground water and residential wells, which are located within 1,500 feet of the proposed site. Mr. Anderson was also concerned about the visual impact of the tower and the effect on property values. • Frederick County Planning Commission Page 2762 Minutes of June 15, 2011 Ms. Faye Latta, an adjoining property owner, was strongly opposed to the proposed tower and equipment compound location. Ms. Latta said her residence will be the most visually impacted and the proposal was not in keeping with the rural nature of this area. She suggested the tower be moved further up the mountain where it will not have as much of an impact. Ms. Latta mentioned the reference to magnetic radiation and asked if there will be testing of the water supply and quality. No other citizens wished to speak and Chairman Wilmot closed the public comment portion of the hearing. Chairman Wilmot announced that the Commission would accept the applicant's request for a delay. She said the next time the Commission meets regarding this application, it will be a public meeting. Chairman Wilmot commented that the staff will forward the adjoining property owners' concerns to the applicant. I Upon motion made by Commissioner Kriz and seconded by Commissi l oner Triplett, BE IT RESOLVED, that the Frederick County Planning Commission does hereby table Conditional Use Permit 905 -11 of AT &T Mobility and Willis Wolfe for a 170 -foot telecommunications facility with a 50- foot by 50 -foot equipment compound at 575 Glengary Road, at the applicant's requesIt, for 45 days by a unanimous vote. PUBLIC HEARING Rezoning Application #01 -11 of Carmeuse NA (North America) — Clearbrook, submitted by Patton, . Harris, Rust & Associates and Thomas Moore Lawson, Esquire, to rezone 92 acres from RA (Rural Areas) District to EM (Extractive Manufacturing) District with proffers. 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). These properties are further identified by P.I.N.s 44 -A -83, 44- A -83A, and 33 -A -144 (portion of). Action — Tabled for 45 Days AND PUBLIC MEETING Request of Carmeuse NA (North America)- Clcarbrook, submitted by Patton, Harris, Rust & Associates and Thomas Moore Lawson, Esquire, for a waiver from the Frederick County Code, Chapter 165, Zoning, Article VI, Business and Industrial Zoning Districts. The requested waiver concerns Part 608, Extractive Manufacturing (EM) District, Section 165- 608.05 Setback and Yard Requirements, particularly Sections 165- 608,05(A)(2), 165- 608.05(B)(1), and 165- 608.05(B)(2), to allow the setback requirement to be reduced from 200 feet to 50 feet. 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). The properties are further identified with P.LN.s 44 -A -83, 44 -A -83A, and 33 -A -144 (portion of). 0 Frederick County Planning Commission Page 2763 Minutes of June 15, 2011 ® Action — Tabled for 45 Days Commissioner Crockett said he would recluse himself from all discussion and voting on the rezoning application and the waiver request because he serves on the Frederick County Sanitation Authority (FCSA) Board.) Deputy Planning Director, Michael T. Ruddy, stated that along with the rezoning application for Carnteuse NA, the Commission will be considering a separate application of a waiver for a reduction in the setback requirement to allow structures and excavations to be located (closer to the front, side, and rear property lines than currently permitted. Mr. Ruddy said the proposed rezoning of land to EM (Extractive Manufacturing) is consistent with the industrial land use designation of the Comprehensive Policy Plan and the 2010 NELUP (Northeast Frederick Land Use Plan). He also noted that the property is within the SWSA (Sewer and Water Service Area). Mr. Ruddy stated that the County's NELUP recognizes the existing quarry operation in the EM (Extractive Manufacturing) District, along with the Industrial EM in the western part of the property. Deputy Director - Transportation, John A. Bishop, came forward to speak about the transportation issues related to this rezoning request. Mr. Bishop noted the applicant's proffer states they will no longer access Route 11, except for property maintenance, and will route their mining traffic to Brucetown Road as their primary access. Mr. Bishop commented this was basically the extent of the applicant's proffers relating to transportation. Mr. Bishop pointed out that the Comprehensive Policy Plan and the NELUP call for a number of improvements in this area, including the widening of Route 11 for a six -lane, divided roadway; VDOT is recommending 120 feet of right -of -way along what now is typically 80 feet up and down the Route 11 corridor. In addition, there are issues in the areas across from the fairgrounds and the school and an additional 20 feet may be needed to reduce th impacts to those public facilities. Furthermore, the Comprehensive Policy Plan calls for the alignmentlof Brucetown and Hopewell Roads. Mr. Bishop said this application was viewed as a potential opportunity to forward that effort for alignment along with a number of other land use actions. Mr. Bishop continued, stating there was discussion about a TIA (Transportation Impact Analysis) early in the rezoning process. It was noted that if the applicant was not going to do a TIA, the applicant should at least proffer tollimit their number of trips; however, the applicant has opted not to pursue either of these suggestions at this time. Commissioner Thomas inquired why the staff considered it preferable to limit the traffic to Brucetown Road instead of Route 11. Commissioner Thomas expressed a safety, issue with loaded trucks and vehicles, especially because Brucetown Road was narrow with a considerable number of curves. Mr. Bishop replied there are fewer competing vehicles on Brucetown Road than Route 11. In addition, he said the Comprehensive Policy Plan calls for much more commercial and industrial development up and down Route 11. In the County's pursuit of better access management, the goal is to concentrate more exit /entry trips to side streets as opposed to the main thoroughfare, simply because it preserves capacity and safety on the through corridors. Commissioner Crosen asked Mr. Bishop about the intersection where Brucetown Road exits onto Route 11. Mr. Bishop replied that a split - phased signal was funded and installed through the Highway Safety Program. Mr. Bishop said there is also a signal at Hopewell and Brucetown, which run off the same box. Mr. Bishop said the signal has not been very popular, but the point behind it is to reduce some of the conflicts that happen when you have an off -set intersection. C J Frederick County Planning Commission Page 2764 Minutes of June 15. 2011 Mr. Bishop next answered questions from other Commissioners on various issues is regarding the amount of traffic on Route I I and the need for a six -lane divided highway, the need for a TIA to properly evaluate the traffic and spacing for signals, the problematic off -set intersection at Hopewell and Brucetown, and the inadequacy of Brucetown Road to handle dump trucks. Mr. Ruddy noted that although the proposed land use is supported by the Comprehensive Policy Plan, there were potential impacts associated with this rezoning, which included: 1) more intensive uses enabled in EM District; 2) historical comments from the HRAB; 3) impacts from mining operations, such as blasting, drilling, and dust - control; 4) impacts to adjacent uses and (properties, such as Clearbrook Park, the Stonewall Elementary School, and residential dwellings; 5) comments from reviewing agencies, such as the Frederick County Attorney, the FCSA, Schools, andl County Engineer; and, 6) requirements of buffers, screening, and setbacks. Mr. Ruddy noted that setback requirements are 75', 100', and 200' (adjacent to residential); he said the applicant is proposing a 50' reduction in all cases as part of a waiver request and the 50' reduction through the waiver is a part of the applicant's proffer statement. He said if the Commission is comfortable with the reduction, then the current proffer statement would be fine; however. if the Commission is uncomfortable with the reduction, there would be a concern with moving forward with the rezoning at this time. Mr. Ruddy continued, stating that after the Planning Commission's agenda was prepared, the applicant provided a revised proffer statement and sent it to all of the Planning Commission members individually. He said the proffer was revised to address the HRAB comments by moving the location of a berm; the adaptive re -use of the historic property was guaranteed; and the more intensive EM use, asphalt and mixing plants, was p�ude&Tr prope Mr. James (Jim) Bottom, Area Operations Manager for the three quart • stated that Canneuse Lime & Stone presently has about 1,000 acres of EM -zoned land rezoning has been a part of their future planning for a long time. Mr. Bottom spoke ah meetings that were held with the residents of Brucetown, Clearbrook, Walters Mill La community across from the elementary school, in order to determine concerns and addri in response to some of the concerns, Carmeuse Lime & Stone repaired a private access Walters Mill Lane and they contacted WW Railroad about the repair of a railroad crosE were concerned about. He said there were also concerns raised about noise and company to perform a noise study and to recommend methods to minimize that impad issues were also addressed regarding the type and location of berms, the historical hous planting of trees along the property boundary. He said their proffers were writter feedback from the residents. In addition, Mr. Bottom said they have answered all of comments by letter. les in the Valley, and the proposed :ut the numerous ne, and the small ss them. He said lane at the end of ing the neighbors ;armeuse hired a Mr. Bottom said and requests for based upon this he review agency Mr. Bottom next talked about the ballfields located on Carmeuse Lime & Stone property. He assured the Commission the ballfields will be relocated long before Carmeuse will need to disturb this area for excavating and they will work with the Parks & Recreation Department on the relocation. Mr. Bottom also spoke about the benefits Carmeuse Lime & Stone provides to the County. He said Carmeuse provides 131 high- quality industrial jobs in the region and provides an annual payroll of $7 -10 million. In addition, they spend another $18 -20 million with Virginia vendors, contractors, and suppliers. He said the County is being served water through the FCSA, pumping approximately 2 -3 million gallons of water per day from their site north of Brucetown Road, which equates to a minimum of $1 million of annual savings to the County. Mr. Bottom said Carmeuse supplies high- quality construction aggregates at a low cost and high- quality agricultural lime to regional farmers and other industries. He noted that limestone • Frederick County Planning Commission Page 2765 Minutes of June 15, 2011 -10- dust is not toxic or hazardous to human health. He said the biggest concern of the neighboring residents was operational noise. Mr. Scott Harvey, a representative from Pheonix Noise and Vibration, stated he was hired by Carmeuse Lime & Stone to evaluate the noise concerns by adjacent residents and to conduct a study of the noise levels and abatement. Mr. Harvey provided some technical information and an overview of the results of the study to the Commission. He said the short-term noise levels during construction of the berm along the adjacent residential property boundaries will be high; therefore, construction of the ten - foot tall berm is planned for late October during daytime hours. He said the long -term noise condition will be quarry operations; however, the berm is designed to maximize noise reduction capabilities. He said the maximum noise levels will be 62 -65 decibels closest to the berm. As operations move away from the berm, noise levels will drop due to distance to the mid 50s in decibels. He concluded by saying the overall noise impact with the berm in place is minimal and will be the same as background noise from I- 81 and Route 11. Commissioner Thomas commented that excavation equipment will be operating on a lift ten feet below the berm base, specifically, a drop of 20 feet from the top of the berm. Commissioner Thomas asked if there was a correlation between additional drop in elevation andldirect percentage reduction in noise. Mr. Harvey replied the lower the excavation equipment goes, the quieter it will be. Mr. Thomas (Ty) Moore Lawson, P.C., with Lawson & Silek, P.L.C., representing Carmeuse Lime & Stone, said the latest revised proffers were sent to all the Planning Commission members, the Planning Staff, and the local citizens prior to tonight's meeting and he proceeded to review the revised proffers with the Commission. He pointed out that asphalt and concrete mixing plants were proffered out, which was in direct response to a request by the schools. The berms and buffers proffer was revised, at the request of the neighbors, to soften the angles on either side, and the applicants intend to construct a truly effective buffer with random landscape plantings. The proffers wre also revised to reflect the HRAB's request to preserve the viewshed of the Martin farmhouse by running the berm behind the farmhouse. With regard to transportation issues, Mr. Lawson said VDOT's comment was that they were "satisfied the transportation proffers offered in the Carmeuse Limestone rezoning application addressed the transportation concerns associated with the request." Mr. Lawson said a TIA was not done and it was a direct result of having the scoping session between the applicant and VDOT. Mr. Lawson noted that although the applicant is requesting to rezone an additional 92 acres, the operation is not expanding, i.e., no additional square footage or no additional employees; they are simply looking for a different location to excavate. In addition, the applicant and VDOT discussed a commercial entrance on Route 11 and VDOT did not want additional entrances on Route 11; this is reflected in the proffer. Mr. Lawson said the result is a reduction in trips on Route 11, which contributed to the decision not to do a TIA and why it was deemed there would be no additional impact from continuance of operation. With regard to HRAB issues, Mr. Lawson stated that a Phase I and Phase 2 historical study was done per the HRAB with a Phase 2 study done behind the farmhouse to document farming -type artifacts. The Martin farmhouse will be placed into adaptive re -use. With regard to dust control, the applicant is proffering the dust - control regulations mandated by the State. Mr. Lawson stated that the applicant out - sources all blasting and a representative with the blasting company is present to answer questions from the Commission. He noted the closest blasting to a dwelling will be over 200 feet away. U Frederick County Planning Commission i rage z mo Minutes of June 15, 2011 j -11- Mr. Lawson next presented the Commission with a number of letters of support and a ® petition signed by 30 Carmeuse employees who live in Frederick County. Included were 15 letters of support from neighbors in the Clearbrook/Brucetown area, and five letters of support from adjoining property owners, Marion D. Payne, Jr., Gregory Roberts, Joseph L. Butts, Frances G. Martin, and Randy Cornwell. With regard to future plans for widening Route 11, Mr. Lawson said the 50 -foot setback would lend itself to additional right -of -way, if it's needed; however, he was skeptical about the possibility of procuring the additional right -of -way needed along Route 1 I because of the existing businesses, the residences, and the church. He noted that the adjoining ten property owners have front yards directly abutting Route 11. Mr. Lawson said they were well aware of the proposed future alignment of the Hopewell /Brucetown intersections, but the applicant's operation will have no impact i on that intersection because they will continue operations as is, even after the rezoning. Commissioner Lemieux said he was aware of FCP &R's (Frederick County Parks & Recreation) desire for the relocation of the ballfields, but he inquired about the relocation of the County's convenience center site. Mr. Lawson said they have been in communication with the FCP &R and with the County to give sufficient notification; however, at this point there is no start date. He said for the time being, the ballfields will remain, as well as the convenience center. Commissioner Unger inquired about the 50 -foot waiver from the 'required setbacks. Commissioner Unger said there will be a 100 -foot hole within 50 feet of someone's property line; he asked if there was any negative feedback on that from the adjoining property owners. Mr. Lawson referred to the five letters from the adjacent property owners and he believed their concerns were satisfied. Commissioner Unger also inquired if the excess water from the mining operations would go to the Sanitation Department as it has in the past. Mr. Lawson replied that the applicant, has an agreement with the Sanitation Authority; he said an issue has arisen and an observation letter submitted. Mr. Lawson said the applicant is responding to a lawsuit filed; however, per their agreement, they continue to provide between two -to -three million gallons per day of free water to the Sanitation Authority. Commissioner Oates was interested in the applicant providing a date tl the County as to when the convenience center site would have to be moved, so there would be sufficient time to relocate. In addition, Commissioner Oates said he understood it will be difficult to get right -of -way for the widening of Route 11; however, it gets really tough if right -of -way isn't procured when it's available. Commissioner Oates remarked that it is available right now because the applicant is before the Commission for a rezoning. Commissioner Oates stated that studies were done to back up the newly - approved NELUP and contained justification for the right -of -way. Commissioner I Oates stated the acquisition of right -of -way for the future widening of Route 11 was an important aspect of whether or not he could support the rezoning. Commissioner Oates agreed the land use requested in this rezoning is consistent with the Comprehensive Policy Plan; however, he believed there were a few things lacking in the application and one of them was the contribution of right -of -way. He also wanted to see something guaranteeing Frederick County, not the Sanitation Authority, the access to the water now and into the future, similar to what was done in Middletown. Commissioner Oates said water will be desperately needed in the future by the citizens of Frederick County. He said the FCSA is a third party and does not influence his vote. Another issue was a new location for a fire and rescue building. He said there are potentially three to five acres in the vicinity that could potentially house a new fire and rescue building. Commissioner Oates wanted Mr. Lawson to discuss this with his clients. Commissioner Oates' final issue was his desire to see the commercial entrance on Route 11, not Brucetown Road. Commissioner • Frederick County Planning Commission Page 2767 Minutes of June 15, 2011 -12- Oates did not think he could provide a supportive vote with the proffer stating there would be no entrance on Route 11. Chairman Wilmot next opened the public hearing to citizen comments. Chairman Wilmot asked those persons present who were in support of the rezoning application to raise their hands. (Note: The clerk noted almost all persons present raised their hands.) Chairman Wilmot next asked those persons present who were opposed to the rezoning to raise their hands. (Note: The clerk noted that no one raised their hands.) The following persons came forward to speak: Mr. Mark Georgian, a 12 -year resident of the Stonewall District an d an employee of Carmuese for over 23 years, said the quarry people have developed a good working relationship with the fire department, the Ruritan Club, the Fair Association, Frederick County Parks & Recreation, the American Little League, and the neighbors. He said they have worked hard over the previous our years in building a sustainable relationship with the neighbors. Mr. Georgian said he was speaking tonight on behalf of the employees. He said this rezoning was critical to the business and the longevity of the operation; it was also critical to maintain jobs for the employees at the three locations. Mr. Georgian talked about the quality and variety of the products produced. He asked the Commission to support the rezoning efforts, so the employees and their families can continue working. Mr. Andy Wright, a resident of the Back Creek District and a Carmeuse employee for the past 14 years, spoke about how he started out as an electrician and worked his way up to be a project manager and he now works at various sites up and down the east coast. He said thelmine paid for his education and gave him opportunities. He spoke about how his grandfather worked in the mines and how it was a stable place to work with good pay. He showed a photograph of his grandfather and told a story of how his grandfather helped to break the ground for the new Clearbrook site. Mr. Wright said the ® mining industry has provided the means to support his family and many folks present this evening. He asked the Commission to approve the proposed rezoning. Mr. Bruce Carpenter, a resident of the Gainesboro District, and a life -long resident of Frederick County, said his professional career for the past 24 years has been as a sales representative for the Albin Tractor Company in Clearbrook. He said in February 2009, Albin Tractor Company opened a $13.5 million dollar facility in Clearbrook in which 52 people are employed and are involved in the sales, parts, and service of Catepillar heavy equipment and on highway truck engines. Mr. Carpenter said they share a professional working partnership with Carmeuse in this area and many of their employees, including him, depend on this relationship for their financial well- being. He said he also farms in Frederick County and they make hay at various locations on the northern end of the County, including land owned by Carmeuse in Clearbrook. He noted that Carmeuse makes land availablelto him and many other farmers in this area for the purpose of expanding their farming enterprises. Mr. Carpenter noted that the location of natural resources was established millions of years ago; this quarry has been operating in Clearbrook for decades. He said Carmeuse provides substantial tax revenue to Frederick County and local jobs that cannot be out - sourced, with many of the employees being second generation or longer. He said Carmeuse has been a good neighbor to the residents of Clearbrook and Brucetown. Mr. Carpenter asked the Commission to recommend approval of the rezoning application as submitted. Mr. Jeff Jenkins, a resident of Stonewall District and the owner of Pine Knoll Construction, said over the last four years the economy has been miserable. Mr. Jenkins said thanks to the support of Carmeuse in using him as a subcontractor, he has been able to make it through the tough times. Mr. Jenkins asked the Commission to support the rezoning so he can continue his business with Carmeuse. J Frederick County Planning Commission Page 2768 Minutes of June 15, 2011 -13- Mr. Clarence Harmon, a resident of Back Creek, said he has continued to work at ® Carmeuse through these tough economic times; he asked the Commission to recommend approval of this rezoning so he can continue to work. Ms. Rose McDonald, a 4 -H leader and Director of the Frederick County Fair, said she was fond of the Carmeuse Company. Ms. McDonald said not only does Carmeuse employ people in Frederick County, but they also donate to this County. She said area youths have been fortunate to have Carmeuse donate all of the footing for the arena that the 4 -H youths fund- raised and Ibuilt and is worth $60,000. She said they did this not once, but twice. She said she hoped the issues could be worked out and the Commission can support the rezoning. No one else wished to speak and Chairman Wilmot closed the public Commissioner Thomas said he supported the rezoning, but there were'a couple issues he believed needed to be cleared up. Commissioner Thomas referred to Exhibit 2I which showed a landscaped berm of ten feet and the acoustical analysis was done on a berm of ten feet; however, on Exhibit 4, a landscaped berm of six -to -ten feet is shown. He believed this discrepancy may change the acoustical analysis and there needed to be a minimum footage or the exact height of the berm stated within the proffer. He said the berm also needs to be "maintained" at ten feet. Secondly, Commissioner Thomas said he was not pleased with additional traffic on Brucetown Road. He said if Brucetown Road is going to. be the primary access road, something needs to be done as far as the lines of sight and regrading the curves. Regarding the pit being 60 -70 feet away from the rear of lots of existing houses, he inquired if it was standard practice to put strain gauges on the sides of the pits to monitor any movement. He said this would guarantee there is no disruption to the properties outside of the pit. Commissioner Thomas also was interested in knowing if the expansion would get the operation closer to any existing water wells; he said limestone was subject to fracture and could cause potential disruptions. Mr. Lawson returned to the podium to respond to some of the q Ie from the Commission. Regarding potential disruptions to wells, he said they do not expect nor have they experienced any issues regarding disruptions to wells. In response to the berms, he said they will make certain the proffer states the berms will be maintained at ten feet. Regarding the lines of sight and curves on Brucetown Road, Mr. Lawson said they have not received comments from VDOT about the inadequacy of the road to handle the traffic. I Mr. James (Jim) Bottom came forward to address the question regarding strain gauges. Mr. Bottom said it was not typical in their quarrying activities to place strain gauges. He said their history has not shown any experience with wall failures and the geology is such that it is a non- issue. There was some discussion regarding the geology of the pits and stability of the pits. Commissioner Oates asked a procedural question about whether the Commission needed to act on the waiver first and the rezoning second, or if they had to be done together. Mr. Ruddy replied that the waiver does not require a public hearing; however, there may be some discrepancy with the applicant's revised proffer and the corresponding exhibits that would need to be corrected. Commissioner Oates commended the applicants for meeting with all of the neighbors and conducting community studies, but lie believed there were several issues that remained to be addressed. Commissioner Oates said he was adamant about the 60 -foot right -of -way from the centerline because the County needed it and this was the County's only opportunity to get it. He wanted to see something ensuring the County will have access to the water in the future, separate from any issues with the FCSA. 0 Frederick County Planning Commission Page 2769 Minutes of June 15, 2011 , -14- Commissioner Oates also wanted to see something resolved about the Fire & Rescue issue. He said until • these issues are resolved, it would be difficult for the Commission to act on the waiver request. Commissioner Oates next made a motion to table the waiver request for 45 days until the proffers are cleaned up. This motion was seconded by Commissioner Kriz. The motion was approved by a majority vote. BE IT RESOLVED, that the Frederick County Planning Commission does hereby table for 45 days the request of Carmeuse NA (North America) - Clearbrook, submitted by Patton, Harris, Rust & Associates and Thomas Moore Lawson, Esquire, for a waiver from the Frederick County Code, Chapter 165, Zoning, Article VI, Business and Industrial Zoning Districts, to allow the setback requirement tI be reduced from 200 feet to 50 feet. The majority vote was as follows: YES (TO TABLE WAIVER 45 DAYS) Unger, Crosen, Manuel, Oates, Wilmot, Kriz, Lemieux NO: Ambrogi, Thomas, Madagan, Triplett, Mohn ABSTAIN Crockett i Commissioner Oates next made a motion to table the rezoning application for 45 days to give the applicant time to address the issues raised by the Commission. This motion was seconded by Commissioner Kriz. The motion was approved by a majority vote. • BE IT RESOLVED, that the Frederick County Planning Commission does hereby table for 45 days the rezoning application of Carmeuse NA (North America)- Clearbrook, submitted by Patton, Harris, Rust & Associates and Tomas Moore Lawson, Esquire, to rezone 92 acres from RA (Rural Areas) District to EM (Extractive Manufacturing) District with proffers. YES (TO TABLE REZONING 45 DAYS) Unger, Crosen, Manuel, Oates, Wilmot, Kriz, Triplett, Lemieux, Mohn NO: Ambrogi, Thomas, Madagan ABSTAIN Crockett • Frederick County Planning Commission Page 2770 Minutes of June 15, 2011 -15- • ADJOURNMENT No further business remained to be discussed and upon motion made by Commissioner Kriz and second by Commissioner Thomas, the meeting adjourned at 933 p.m. by a unanimous vote. Respectfully submitted, l)"J j- M. Wilmot, Chairman R. Lawrence, Si • Frederick County Planning Commission Page 2771 Minutes of June 15, 2011