HomeMy WebLinkAbout01-11 Application• 0 r
Department of Planning and Development
540/665 -5651
FAX: 540 /665 -6395
February 24, 2012
Thomas Moore Lawson, Esq.
Lawson and Silek, P.L.C.
PO Box 2740
Winchester, VA 22604
Dear Ty:
The proffer statement for the Carmeuse NA Clearbrook Rezoning, dated February 8, 2011, with
a revision date of July 12, 2011, was the statement reviewed and approved by the Board of
Supervisors. The final approval was on December 14, 2011.
I am requesting an additional original signature page of this proffer statement so it may be
correctly recorded with the July 12 revision. We are not aware of, nor did we review, any
statement with a revision date of September 12, 2011.
Thank you for your assistance with this matter.
Sincerely,
Michael T. Ruddy, AICP
Deputy Planning Director
cc: Roderick B. Williams, Esq., Frederick County Attorney
MTR/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
LAWSON AND ISILEK, P.L.C.
120 ERETER DRIVE, SUITE 200
POST OFFICE Box 2740
WINCHESTER, VA 22604
TELEPHONE: (540)665 -0050
FACSIMILE: (540) 722 4051
Michael T. Ruddy, Deputy Director
Planning and Development
County of Frederick
107 North Kent Street, 2 Floor
Winchester, VA 22601
VIA E -MAIL
Dear Mike:
THOMAS MOORE LAWSON• TLAWSONnLSPLC.COM
January 19, 2012
Re: Carmeuse Lime Rezoning
RZ #01 -11
Our File No. 462.013
I am in receipt of your voicemail message of yesterday requesting an additional original
signature page for the Proffers regarding the above - referenced matter. A review of my file
reflects we delivered the original to you. We retained a copy of same in the file, which I enclose
for you.
Thank you for your assistance and cooperation. Should you have any questions, please do
not hesitate to give me a call.
TML:atd
Enclosure
cc: Carmeuse Lime & Stone
Very,tra y yours,
Thomas Moore awson
FROM ROYAL AOORESS: POST O,FICE BOX 603, FROM ROYAL VIRGINIA 3363, TELEMONE: (51016]59415 • FACSIMILE: (540) 6.159421 • E -MAIL: l51LCK(u 1AWSONANOSILEKfOM
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REZONING:
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PROPOSED PROFFER STATEMENT
RZ# 01 -11
Rural Areas (RA) to Extractive Manufacturing (EM)
PROPERTY: 92 Acres + / -;
Tax Map Parcels 44 -A -83 and 44 -A -83A and a portion of Tax Map
Parcel 33 -A -144 (the "Properties ")
RECORD OWNER: O -N Minerals (Chemstone) Company d/b /a Carmeuse Lime &
Stone
APPLICANT: O -N Minerals (Chemstone) Company d/b /a Carmeuse Lime &
Stone ( "Applicant ")
PROJECT NAME: Winchester /Clearbrook
ORIGINAL DATE
OF PROFFERS: February 8, 2011
REVISION DATE(S): June 2,201 1, .Tune 21, 2011, July 12, 2011. September 12, 201 1
The undersigned Applicant hereby proffers that the use and development of the portions
of the above- referenced parcels, which are requested to be rezoned, the portions requested to be
rezoned being shown on the attached and incorporated plat identified as " Exhibit I ," shall be in
strict conformance with the following conditions, which shall supersede all other proffers on the
Properties that may have been made prior hereto. In the event that the above - referenced EM
conditional rezoning is not granted as applied for by the Applicant, these proffers shall be
deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final
rezoning of the Properties with "final rezoning" defined as that rezoning which is in effect on the
day following the last day upon which the Frederick County Board of Supervisors' (the "Board ")
decision granting the rezoning may be contested in the appropriate court. If the Board's decision
is contested, and the Applicant elects not to submit development plans until such contest is
resolved, the term rezoning shall include the day following entry of a final court order affirming
the decision of the Board which has not been appealed, or, if appealed, the day following which
the decision has been affirmed on appeal.
The headings of the proffers set forth below have been prepared for convenience or
reference only and shall not control or affect the meaning or be taken as an interpretation of any
provision of the proffers. The improvements proffered herein shall be provided at the time of
development of that portion of the Properties adjacent to or including the improvement or other
proffered requirement, unless otherwise specified herein. Any proffered conditions that would
prevent the Applicant from conforming with State and /or Federal regulations shall be considered
null and void. The term "Applicant" as referenced herein shall include within its meaning all
future owners and successors in interest.
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1. Land Use
1.1 'The Properties shall be developed with extractive manufacturing land uses
pursuant to the mining permit approved by the Division of Mineral Mining
( "DMM') of the Virginia Department of Mines, Minerals and Energy
( "VDMME "), and shall therefore conform to the Mineral Mining Law and
Reclamation Regulations for Mineral Mining of the Commonwealth of Virginia.
1.2 The Applicant hereby proffers not to engage in the following use on the
Properties:
Asphalt and concrete mixing plants.
2. Site Development
2.1 The Properties' access via public secondary roads shall be limited to the existing
quarry entrance on Brucetown Road (Route 672) unless another entrance is
agreed upon by Frederick County or VDOT at some time in the future. Access by
vehicles needed for periodic maintenance of the Properties shall not be limited.
2.2 A combination of landscaping, earthen berms, and fencing shall be installed
around the Properties in the areas depicted on the attached and incorporated plat
identified as " Exhibit 2 ." 'The landscaping shall have a mix of deciduous and
coniferous plantings placed in a random manner to be consistent with existing
vegetation patterns. Applicant proffers to plant trees in the places identified on
the attached and incorporated plat within one year from the date of unappealable
zoning approval.
3. Historic Resources
3.1 The Applicant has completed a Phase I Archaeological Survey of the Properties.
The result of the archaeological survey is that the Properties do not have historical
significance with the exception of the Martin farmhouse. The Applicant will put
the Martin farmhouse into adaptive reuse in the future. In the interim, pursuant to
an Instrument which is recorded in the land records of Frederick County, Mrs.
Martin continues to reside in and possesses a "life estate" interest in the
farmhouse. Further, a Phase II Archaeological Survey of the area adjacent to a
spring near the Martin farmhouse is being conducted.
4. Dust Control
4.1 Dust from drills, muck piles, material handling, screens, crushers, conveyors,
feeders, hoppers, stockpiles, load - orris, and traffic areas shall be controlled by wet
suppression or equivalent, and controlled by and consistent with the terms of the
Virginia Department of Environmental Quality ( "VDEQ ") general air permit. The
Applicant shall remediate any adverse impacts to surrounding properties caused
by dust associated with the mining operations on the Properties.
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•
5. Blasting Control
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5.1 All blasting associated with mining operations on the Properties shall be limited
by the mining permit approved by the DMM of the VDMME. Peak Particle
Velocities (PPV) associated with blasting on the Properties shall not exceed the
levels stipulated by said permit. Any damage to surrounding properties caused by
blasting on the Properties shall be remediated at the Applicant's expense.
6. Traffic
6.1 The Applicant proposes as part of this rezoning to not install entrances for
vehicular traffic on Route 11 unless agreed by Frederick County or VDOT at
some time in the future. The Applicant proffers to continue to use its existing
entrance on Brucetown Road (Route 672). The result of the use contemplated by
the rezoning is that there will be a reduction in existing trips from the Properties
that currently enter and exit on Route 11. In the future, given that there will be no
vehicular trips to and from Route I l from the Properties, the number of vehicular
trips will decrease from not only the existing status but also what would be
contemplated should the Properties be developed or zoned to any other use
including, but not limited to, industrial which is what is currently depicted on the
County's Comprehensive Plan for the Properties.
6.2 Within the fifty foot (50') setback from Route 11, the Applicant agrees to dedicate
up to twenty feet (20') to Frederick County or the Virginia Department of
Transportation within thirty (30) days of demand of said dedication from either
Frederick County or the Virginia Department of Transportation for the purposes
of expansion of Route I 1 (Valley Pike) to install additional lanes of travel and
other improvements associated with the Route 11 (Valley Pike) expansion. Upon
said dedication the remaining land in the setback shall be unaffected and shall
continue to serve as a buffer and screening between the operations of the quarry
and the right -of -way. In the event the dedication and subsequent development of
said land shall adversely affect the aforementioned buffer and screening then the
Applicant shall at its discretion alter, amend or relocate the aforementioned buffer
and screening.
7. Operational Noise Abatement
7.1 The Applicant will make all reasonable efforts to locate mining machinery in the
quarry pit or behind berms.
8. Lialitino
8.1 There shall be no affixed lighting structures above - ground on the berms other than
as may be required for or provided by regulations that affect the plant operations,
including, but not limited to, Mine Safety Health Administration ( "MSHA "),
VDMME, and any other governmental or regulatory body that oversees mining
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operations. Lighting used for devices or machines that convey materials or for
pit crushing facilities and other mining activities is permitted. Conveying and pit
crushing facilities shall also be interpreted as including such other devices or
activities that perform similar or related functions that may come into use and/or
existence at some time in the future while the extractive mining use is stilt in
effect on the Properties. In addition to the above, all lighting will be installed in
such a manner that there will be no spillover beyond any property line of the
Applicant onto adjacent properties not owned by the Applicant.
9. Air Permit
9.1 The Applicant shall maintain its existing general air permit controlling emissions
in accordance with the VDEQ standards and also see that the existing general air
permit covers all activities conducted on the rezoned Properties.
10. Environment
10.1 In addition to compliance with the Virginia Pollutant Discharge Elimination
System water discharge permit already in place, the Applicant agrees to work
with a recognized environmental entity of the Applicant's choosing during its
operations to ensure that the water emissions from water flowing from the quarry
operations on the Properties is of a quality that satisfies the requirements of all
applicable discharge permits.
rd
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Respectfully submitted.
0 -N MINERALS (CHEMSTONE) COMPANY
d/b /a CARMEUSE LIME & STONE
By: -�-�-
Its: At O PG c4 r tn.US A-%4AJAr.ErC
COMMONWEALTH OF VIRGINIA, AT LARGE
COUNTY OF FREDERICK, to -wit:
The foregoing instrument was acknowledged before me this day o4 k "`'
2011, by �a rnPS C
My commission expires
Registration number: _
NOTARY
ic3r'ewSi79 —
i
.yt
Em
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FRANCES G. MARTIN
holder of life estate interest in parcel 44 -A -83
COMMONWEALTH OF VIRGINIA, AT LARGE
COUNTY OF FREDERICK, to -wit:
The foregoing instrument was acknowledged before me this of
2011, by FRANCES G. MARTIN as holder of life estate interest in parcel 44 -A -83.
tnuui,
My commission expires: �ACrp
Registration number: F 0 Mycn
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NOT R BLIC
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REZONING APPLICATION #01 -11
CARMEUSE NA — CLEARBROOK REZONING
Staff Report for the Board of Supervisors
Prepared: September 7, 2011 (Updated 1215111)
Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director
Reviewed Action
Planning Commission: 06/15/11 Tabled 45 days
08/03/11 Recommended approval
Board of Supervisors: 09/14/11 Postponed January 2012
11/9/11 Revised postponement date
12/14/11 Pending
PROPOSAL To rezone 92 acres from RA (Rural Areas) District to EM (Extractive Manufacturing)
District, with proffers.
LOCATION The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180
Martinsburg Pike, are located on the east side of Route 11 between the intersections ofBrucetown Road
(Route 672) and Walters Mill Lane (Route 836).
EXECUTIVE SUMMARY FOR THE 12/14/11 BOARD OF SUPERVISORS MEETING:
At their September 14, 2011 meeting, and following a considerable amount of public comment and
discussion, the Board of Supervisors postponed this item until its first meeting in January 2012.
Supervisor Fisher had stated that he would like to give the applicant an opportunity to address issues
and concerns.
Subsequently, at their November 9, 2011 meeting, Supervisor Fisher moved to amend the postponement
of the Carmeuse Rezoning from the first board meeting in January 2012 to the first meeting in
December 2011, subject to the applicant's concurrence. The Board of Supervisors approved this
motion.
No new modifications to the application have been provided by the Applicant at this point. The final
revision to the proffer statement, dated July 12, 2011, remains the one under consideration as part of
this application.
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Rezoning #01 -11 CarmeuseNA— Clearbrook Rezoning
December 5, 2011
Page 2
EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR THE
09/14/11 BOARD OF SUPERVISORS MEETING:
The Carmeuse NA - Clearbrook rezoning application addresses some of the goals of the Comprehensive
Plan as described in the staff report. Elements of the rezoning application have been identified that
should be carefully evaluated to ensure they fully address specific components of the Comprehensive
Plan. In addition, the Board should ensure that the impacts associated with this rezoning request have
been fully addressed by the applicant.
The Applicant has provided the County with a revised proffer statement dated July 12, 2011 and a
revised Exhibit #2 dated August 3, 2011. The proffer revision was signed by representatives on July 22,
2011 and July 26, 2011.
A waiver request with a modi Fled buffer was approved by the Planning Commission on August 3, 2011.
This waiver enables a 50 -feet setback against Route 11 and the adjacent residences located on Route 11,
rather than the required 100 foot and 200 foot setbacks, respectively. The modified buffer requires that
additional landscaping is to be placed within this buffer area. This is a Planning Commission approval;
no Board action on the waiver is required.
The Planning Commission forwards a recommendation for approval of the rezoning with an
additional recommendation that the Board work to resolve the issue with the Clearbrook
Volunteer Fire & Rescue Company's future site.
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Rezoning #01 -11 Carmeuse NA— Clearbrook Rezoning
December 5, 2011
Page 3
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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.
Reviewed
Action
Planning Commission: 06/15/11
Tabled 45 days
08/03/11
Recommended approval
Board of Supervisors: 09/14/11
Postponed January 2012
11/9/11
Revised postponement date
12/14/11
Pending
PROPOSAL To rezone 92 acres from RA (Rural Areas) District to EM (Extractive Manufacturing)
District, with proffers.
LOCATION 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).
MAGISTERIAL DISTRICT Stonewall
PROPERTY ID NUMBERS 44 -A -83, 44 -A -83A and 33 -A -144 (portion of (see exhibit))
PROPERTY ZONING RA (Rural Areas) District
PRESENT USE Vacant/Agricultural /Residential /Park
ADJOINING PROPERTY ZONING & PRESENT USE
North: R
RA (Rural Areas) U
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December `, 201 1
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REVIEW EVALUATIONS:
V i - 14inia Dept. of Transportation: The documentation within the application to rezone this property
appears to have little measurable impact on Route 672. This route is the VDO'f roadway which has
been considered as the access to the property. VDOT is satisfied that the transportation proffers offered
in the Carmeuse Lime & Stone Rezoning Application dated February, 2011, address transportation
concerns associated with this request. Before development, this office will require a complete set of
construction plans detailing entrance designs, drainage features and traffic flow data from the I.T.E.
Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right -
of -way needs, including right -of -way dedications, traffic signalization, and off -site roadway
improvements and drainage. Any work performed on the State's right -of -way must be covered under a
land use permit. This permit is issued by this office and requires an inspection fee and surety bond
coverage.
Fire Marshal Plans approved.
Clearbrook Volunteer Fire Co., Inc. — Follow Frederick County Fire & Rescue recommendations.
(Note: The Volunteer Company stated at August 3, 2011 Planning Commission meeting that an
agreement has been worked out with Carmeuse to secure a future site for the volunteer
company. A copy of the agreement has not been made available to the Planning Commission)
Public Works Department: 1. Refer to Site and Land Use History, page 3: The discussion references
the quarry company's attempts to meet with adjacent residents to address concerns to insure minimal
impact to the surrounding community. This discussion should be expanded to include the measures that
will be employed to remediate the impacts of the open pit mining operations on the ten single family
residents located along Route 11. In particular, we anticipate the impacts from the mining operations
will include dust, noise, lower groundwater levels and possible damage to building structures. 2. Refer
to Soils /Geology, page 4: Expand the discussion to include a description of the actual geological
formations that will be impacted and extracted by the proposed mining operations. 3. Refer to Solid
Waste Disposal, page 5: The proposed rezoning incorporates property that is currently leased by
Frederick County for use as a citizens' refuse disposal site. Frederick County signed a lease with O -N
Minerals to use this property which is located immediately east of the park's ball field. The lease
included an initial ten year time frame with two, five year renewals. At the time the lease was executed,
representatives from O -N Minerals indicated that they anticipated underground mining to remove the
high calcium limestone. Based on the proposed rezoning, we understand that Carmeuse NA plans to
continue the current open pit approach. Nevertheless, considering the investment that Frederick County
has made to this site to accommodate citizen refuse, we would appreciate the continued use of this site
until at least 2024. If this request fits within the proposed development time frame of the quarry
operations, we would appreciate that it be included in the proffer statement.
Sanitation Authority: Please see attached letter dated June 1, 2011, signed by Uwe Wcindel.
Frederick- Winchester Health Department Health Department has no objection to the request so
long as no existing or proposed drainfelds and wells are negatively impacted.
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Historic Resources Advisory Board Please see attached letter dated April 1, 201 ],.from Candice E.
Perkins, AICP, Senior Planner.
(Note: Exhibit 2, dated July 28, 2011, represents the relocated berm and screening around the
Martin House and the adaptive reuse of the Martin House, addressing the comments of the
HRAB.)
Department of Parks & Recreation No comment.
Winchester Regional Airport: We have completed a review of the proposed rezoning application and
determined the rezoning should not impact operations of the Winchester Regional Airport.
Frederick County Public Schools Please see attached letter dated April 18, 201 1, from K. Wayne
Lee, Jr., Coordinator of Planning and Development.
Frederick County Attorney: Please see attached letter dated April 10, 2011, from Roderick B.
Williams, County Attorney.
Planning Department: Please see attached Memorandum dated April 15, 2011, from Michael T.
Ruddy, AICP, Deputy Planning Director.
Planning & Zoning:
]) Site History
The original Frederick County zoning map (U.S.G.S. Inwood /Stephenson Quadrangles) identify
the subject parcels as being zoned A -2 (Agricultural General). The County's agricultural zoning
districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an
amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding
revision of the zoning map resulted in the re- mapping of the subject property and all other A -1
and A -2 zoned land to the RA District.
The balance of parcel 33 -A -144 not zoned RA was zoned EM during the County's
comprehensive downzoning RZ #13 -80 completed in 1980. The most recent rezoning from RA
to EM in the vicinity of this property occurred with RZ4010 -98 when W.S. Frey rezoned 31.74
acres at the southern end of their property. Numerous adjustments to the boundaries of the
parcels in this area have occurred in recent years.
The applicant has provided a plat which depicts a zoning boundary within parcel 33 -A -144.
This line appears to accurately reflect the existing boundary of the EM zoned land. The County
agrees that the location identified on the plat resolves any ambiguity as to the zoning boundary.
2) Comprehensive Policy Plan
The Frederick County Comprehensive Policy Plan is an official public document that serves as
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Rezoning #01 -11 CarmeuseNA — ClearbrookRezoning
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the community's guide for making decisions regarding development, preservation, public
facilities and other key components of community life. The primary goal of this plan is to
protect and improve the living environment within Frederick County. It is in essence a
composition of policies used to plan for the future physical development of Frederick County.
[2007 Comprehensive Policy Plan, p. I -1]
Land Use.
The 2007 Comprehensive Policy Plan and the Northeast Frederick Land Use Plan provide
guidance on the future development of the property. The property is located within the S W SA.
The Comprehensive Policy Plan identifies the general area surrounding this property with an
industrial land use designation. In general, the proposed Extractive Manufacturing (EM) land
use designation for this property is consistent with this industrial land use designation of the
Comprehensive Plan. This consistency was confirmed during the approval process for the
adopted Northeast Land Use Plan in 2010.
The Draft 2030 Comprehensive Plan includes the Northeast Land Use Plan as an approved Area
Plan in Appendix 1. Therefore, the proposed Comprehensive Plan would continue to recognize
the properties consistency with the Comprehensive Plan from a land use perspective. The 2030
Comprehensive Plan was approved on July 23, 2011.
Site Access.
The impact statement and proffer statement describe that public road access will be provided to
the rezoned parcel and that all traffic will continue to use the existing quarry entrance on
Brucetown Road, Route 672. Access by vehicles needed for periodic maintenance of the
properties shall not be limited.
Environment
Issues concerning water quality, quantity, use, and protection of water resources are directly
related to land development activities. Water supplies are needed to support development, while
surface and groundwater are potentially affected by development activities [Comprehensive
Policy Plan, p. 5-31.
Major sources of water used in the County are groundwater and the North Fork of the
Shenandoah River. In 2000, the Frederick County Sanitation Authority entered a seventy year
lease with Global Stone Chemstone Corporation (Global). Global owns quarries at Clcarbrook,
Middletown, and Strasburg (Please note the ownership of the quarries has subsequently
changed). The lease provides the water from these quarries as a source of supply and transfers
title of the quarries to the Frederick County Sanitation Authority when the mining operations are
complete. The agreement has provided a viable long term source of water for the County
[Comprehensive Policy Plan, p. 5 -3J.
Histor
A portion of the property for which the rezoning is being requested is included in the study area
for the Third Battle of Winchester. The Rural Landmarks Survey of Frederick County identi fees
one historic structure on the site, the Zinn House (Martin Farm), and one adjacent to the site,
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Rose Farm. Both these properties are listed as potentially significant properties.
To address the historic preservation policy goal of protecting the historic resources in Frederick
County, The Comprehensive Plan provides that the Historic Resources Advisory Board (HRAB)
review development proposals which potentially impact significant historic resources and that
the FIRAB's information and recommendations are forwarded to the Planning Commission and
Board of Supervisors. The recommendation of the HRAB accompanies this report.
Transportation
The Eastern Road Plan of the Comprehensive Policy Plan covers this portion of the County.
The Eastern Road Plan is comprised of the transportation components of the various Area Plans.
The transportation component of the Northeast Land Use Plan identifies the need for an ultimate
six lane improvement for the Route I I corridor in the vicinity of this project. According to
V DOT, the minimum right -of -way necessary for this improvement would be 120', or 60' from
the center of the existing right -of -way. The dedication of right -of -way to support the widening
of Route 1 1 should be addressed.
3) Site Suitability /Environment
Tlie southern property contains environmentally sensitive areas. The applicant has not identified
this in the impact analysis. Under C. Suitability of the site, Environmental Features, it is stated
that the subject parcels contain no known environmental features. Section G. Historical Sites
and Structures, describes that a Phase It Archeological Study is being conducted of the area
adjacent to the spring near the historically significant Martin Farmhouse. County mapping and
site observations indicate pond, stream, and wetland features on the property.
Any disturbance of identified environmental resources would occur in conformance with
applicable County, State, and Federal regulations.
The General Soil Map of the Soil Survey of Frederick Coup, Virginia indicates that the soils
comprising the subject parcels fall under the Oaklet - Carbo- Chilhowic soil association. Multiple
soil types are located on the sites. It is recognized that the limestone deposits that underlie the
properties provide the ideal geological conditions for Extractive Manufacturing use. In addition,
the most productive aquifers in the County are the limestone- carbonate aquifers that are present
in this area.
4) Potential Impacts
Potential Impact Summary.
In evaluating the Carmeuse NA Clearbrook rezoning application it is very important to
recognize that the applicant has not proffered a commitment to the use of the property beyond
those which would be enabled by the EM (Extractive Manufacturing) District. All land uses,
meeting the applicable development standards, would be permitted within the district based
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upon the application as submitted. The County is familiar with the operation and practices of
the existing Clearbrook Quarry operation and recognizes that the purpose of the rezoning
request is to enable the expansion of the existing limestone ore extraction operation onto
adjacent properties, utilizing this natural resource. However, lacking a commitment that seeks
to further define the scope of operations, this application should be evaluated carefully and with
the understanding that the use of the properties could be more intensive than that described in
the applicant's impact statement.
Consideration should be given to the maximum possible intensity of EM (Extractive
Manufacturing) use identified in the County's Zoning Ordinance. The impacts associated with
this rezoning request may be more significant and should be understood. The applicant should
be prepared to address the mitigation of the impacts associated with this rezoning request, in
particular, those impacts and issues identified by the reviewing agencies.
Guarantees in the form of proffered conditions have not been offered to ensure that the impacts
generated by this application are limited and consistent with the discussion in the Impact
Statement. The applicant has the ability to address this through the Proffer Statement. When
considering the acreage potential, the dimensional requirements, and the EM District uses, it is
possible that facilities located adjacent to Route 11 could result, as could facilities located
within 50 feet of the adjacent RA zoned property surrounding the site, including Clearbrook
Park. The scope of the impacts could exceed the projections identified and accommodated in
the impact statement and TIA.
Historic Resources
The Frederick County Historic Resources Advisory Board (1 -IRAB) considered the O -N
Minerals (Chemstone) rezoning application during their March 16, 2011 meeting.
The HRAB expressed that they could support the approval of this project if the suggestions
offered as a result of the HRAB meeting are considered by the applicant in order to mitigate
impacts on the historic resources (Please see NRAB letter dated April 1, 2011, signed by
Candice E Perkins, Senior Planner).
Transportation.
Review of the application indicates that while the applicant contends that overall truck trips on
the public road system will not increase, there is no proffer to support this. While it may be
true that daily trips are not expected to increase, the fact remains that rezoning of this parcel
would increase the overall impact to our transportation system overtime through the enabling of
additional mining activity.
Numerous traffic impact analyses in this area have highlighted the need for improvements and
alignment of Brucetown and Hopewell Road. In addition, the Northeast Land Use Plan calls for
interchange modifications and transportation improvements to support the planned uses for this
area. This includes the area that is proposed for rezoning. Established County policy is that
new or additional development is responsible for implementation of the comprehensive plan
which calls for it. Part of this responsibility is participating in the infrastructure needed to
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Rezoning #01-11 Carmeuse NA — Clearbrook Rezoning
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Page 9
support development of that comprehensive plan. At this time it does not appear that this
application adequately addresses that responsibility.
The transportation component of the Northeast Land Use Plan identifies the need for an ultimate
six lane improvement for the Route 11 corridor in the vicinity of this project. According to
V DOT, the minimum right -of -way necessary for this improvement would be 120', or 60' from
the center of the existing right -of -way. The dedication of right -of -way to support the widening
of Route 11 should be addressed.
A TIA was not provided for this project. This determination was based upon a development
scenario that has not been proffered. As transportation relates directly to land use it must be
recognized that the Proffer Statement does not place a limitation on development beyond that
permitted by the district. Therefore, the number of vehicle trips, and consequently the impacts,
could be considerably higher than that described with the development of additional EM land
uses.
Mining Operations and Community Impacts
Associated with mining operations is the potential for a variety of impacts that may affect
surrounding properties and land uses. The Division of Mineral Mining of the Virginia
Department of Mines is responsible for permitting mining operations within the State of
Virginia including the operations of Carmeuse at the Clearbrook Quarry.
The EM (Extractive Manufacturing) District of the Frederick County Zoning Ordinance
provides additional local requirements that seek to minimize the impacts associated with
Extractive Manufacturing uses. Provisions and performance standards are provided to protect
surrounding uses from adverse impacts. Appropriate landscaping or screening may be required
by the Zoning Administrator or Planning Commission within any required yard setback area in
order to reasonably protect adjacent uses from noise, sight, dust, or other adverse impacts.
In addition to the potential impacts of the proposed mining operations on the view shed from the
historical perspective, consideration should be given to the visual impacts on the landscape from
the perspective of the adjacent residential landowners and from the perspective of residents and
visitors traveling along Route l I. Martinsburg Pike which borders the proposed mining
operation.
Adjacent properties
The EM (Extractive Manufacturing) district of the County's Zoning Ordinance provides for
additional performance standards which are aimed at protecting surrounding land uses from
adverse impacts. Specifically, the following two standards address excavations
1. (Front Setback). Excavations shall be no closer than one hundred feet
from any road, street, or highway right -of -way.
2. (Side & Rear Setbacks). Excavations shall be no closer than one
hundred feet from any property zoned RA. No excavation shall be
located closer than 200 feet from any dwelling or platted residential
subdivision.
Rezoning 901-11 Carmeuse NA— Clearbrook Rezoning
December 5, 2011
Page 10
Waiver Request
The applicant, Carmeuse NA - Clearbrook, is seeking a reduction in the setback requirement for
the EM Extractive Manufacturing District as it applies to their property to allow structures and
excavations to be located closer to the front, side, and rear property lines than is currently
permitted by Ordinance.
More specifically, Carmeuse NA - Clearbrook, arc requesting a waiver to Chapter 165 Zoning,
Article VI Business and Industrial Zoning Districts. The requested waiver is to Part 608 EM
Extractive Manufacturing District, 165- 608.05 Setback and Yard Requirements, particularly
165- 608.05(A)(2), 165- 608.05(B)(1) and 165- 608.05(B)(2), to allow the setback requirement be
reduced from 75 feet, 100 feet, and 200 feet, respectively, to 50 feet in all cases.
Through a separate action, the Planning Commission should determine if the applicant has,
through the use of measures such as landscaping or screening, effectively protected the adjacent
properties, including the residential properties and Clearbrook Park, and along Route 11, the
appropriate measure of protection and has not reduced the effectiveness of the buffering and
screening.
If the applicant has not satisfactorily demonstrated the effectiveness of the alternative buffer and
screening to the Planning Commission, the proffer statement incorrectly reflects the current
setback requirements of the Zoning Ordinance.
3) Proffer Statement— Dated February 8, 2011 (Revised July 12, 2011)
A) Allowed Uses:
The Proffer Statement states that the Properties shall be developed with
extractive manufacturing land uses pursuant to the approved mining permit. It
should be recognized that the applicant has not proffered a commitment to the
use of the property beyond those which would be enabled by the EM (Extractive
Manufacturing) District. All land uses, meeting the applicable development
standards, would be permitted within the district based upon the application as
submitted. The County is familiar with the operation and practices of the
existing Quarry operations, both here and in Middletown, and recognizes that
the purpose of the rezoning request is to enable the expansion of the existing
limestone ore extraction operation onto adjacent properties, utilizing this natural
resource. However, lacking a commitment that seeks to further define the scope
of operations, this application should be evaluated carefully and with the
understanding that the use of the properties could be more intensive than that
described in the applicant's impact statement.
Rezoning 901 -1 1 Carmeuse NA — Clearbrook Rezoning
December 5, 2011
Page I I
ii. Please refer to the list of permitted uses and the maximum possible intensity of
EM (Extractive Manufacturing) use identified in the County's Zoning
Ordinance. As noted previously, the Impact Analysis states that the Applicant
has proffered that activities such as asphalt or concrete mixing plants, cement
and lime kilns, and oil and natural gas extraction will be prohibited. The Proffer
Statement does not prohibit such uses, or other EM uses.
B) Access Management and Transportation.
The applicant contends that overall truck trips on the public road system
will not increase; however, there is no proffer to support this. While it may be
true that daily trips are not expected to increase, the fact remains that rezoning of
this parcel would increase the overall impact to the transportation system.
Numerous traffic impact analyses in this area have highlighted the need
for improvements and alignment of Brucetown and Hopewell Road. In addition,
the Northeast Land Use Plan calls for interchange modifications and
transportation improvements to support the planned uses for this area. At this
time it does not appear that this application adequately addresses the
responsibility to participate in the infrastructure needed to support development
as identified by the comprehensive plan.
iii. The transportation component of the Northeast Land Use Plan identifies
the need for an ultimate six lane improvement for the Route 11 corridor in the
vicinity of this project. The dedication of right-of-way to support the widening
of Route 11 should be addressed.
The Applicant has proffered the provision for the dedication of 20' across the property whenever
a demand is made for the same by Frederick County or VDOT (6.2). Please note that said
dedication mould he from within [he proposed 50'setbacl5 potentially reducing the buffer along Route
11 to 30'.
C) Site Development:
i.Proffer 2.2 recognizes Exhibit 2 as the document detailing the landscaping,
berming, and excavation activity.l'he two sections shown on Exhibit 2 place the
pit wall excavations approximately 53 feet from the road right -of -way and
residential lots, This is also the same distance proposed from the County Park.
Please recognize that without a waiver, Exhibit 2 proposes standards which
conflict with the County's Zoning Ordinance.
ii.lnsufficient detail is provided in Proffer 2.2 or Exhibit 2 to accurately define the
amount, size, mix, and spacing of the landscaping. Both Proffer 2.2 and Exhibit
2 relate to each other but do not adequately provide commitments in the
Rezoning 901 -11 Carmeuse NA — Clearbrook Rezoning
December 5, 2011
Page 12
landscaping and berming to guarantee the impacts to the adjacent residential
properties within the existing platted subdivision, the Route 1 1 corridor, and the
County Park can be adequately mitigated.
iii.Proffer 3.1 addressing Historic Resources does not appear to be a valid proffer
as it makes no commitment to do anything relating to the Martin Farmhouse,
which the Applicant's Phase 1 Archeological Survey identified as having
historical significance. Further clarification and commitment is needed with
regards to this issue. The comments provided by the Historic Resources
Advisory Board should be addressed.
The Applicant has addressed this comment by providing a commitment for the adaptive reuse of
the property and the relocation of the berm around the property.
D) Mitigating the impact of Development:
i.This application does not address the impacts on Community Facilities.
Particular attention should be provided to Parks and Recreation, and Fire and
Rescue. The Northeast Land Use Plan recognizes the planned development of
capital facilities that would be necessary to support the growth in this area ofthe
County. Anew fire and rescue facility in the Clearbrook area is recognized and
is a top priority of the CIP.
ii.A previous rezoning pertaining to the EM district with the same owner
guaranteed to the Frederick County Sanitation Authority rights to the
groundwater resources in accordance with existing agreements between the
applicant and the FCSA. The proffer Statement should provide clarification that
the future use of the property and the development of facilities to support the
utilization of the groundwater resources are enabled by this rezoning request and
Proffer Statement.
STAFF CONCLUSIONS FOR THE 06/15/11 PLANNING COMMISSION MEETING:
The Carmeuse NA - Clearbrook rezoning application addresses some of the goals of the Comprehensive
Plan as described in the staff report. Elements of the rezoning application have been identified that
should be carefully evaluated to ensure they fully address specific components of the Comprehensive
Plan. In addition, the Planning Commission should ensure that the impacts associated with this rezoning
request have been fully addressed by the applicant. The Planning Commission should pay particular
attention to the following:
1. The potential impacts associated with more intensive use of properties.
z
3. The potential impacts on adjacent properties.
4. The potential transportation impacts on Route 672 and Route 1 1
0 •
Rezoning #01 -11 Carmeuse NA — Clearbrook Rezoning
December 5, 2011
Page 13
5. The concerns of the reviewing agencies, in particular the County Attorney.
PLANNING COMMISSION SUMMARY AND ACTION OF THE 06/15/11 MEETING
Six citizens from the Stonewall, Back Creek, and Gainesboro Districts, spoke in support of the
rezoning. These citizens included employees of Carmeuse and private enterprises, which depend on
Carmeuse for their business and donations. The applicants presented a number of letters of support and
a petition signed by 30 Carmeuse employees. Included were 15 letters of support from neighbors in the
Clearbrook/Brucetown area and five letters of support from adjoining property owners.
The applicant's Area Operations Manager, Mr. James (Jim) Bottom, spoke about the numerous
community meetings held with the residents of Brucetown, Clearbrook, Walters Mill Lane, and the
small community across from the school, along with one -on -one meetings, to determine the concerns of
the neighbors. He said issues ranged from noise, access, railroad crossings, location and type of berms,
the historical house, and landscaping along property boundaries. Mr. Bottom said the proffers were
written based upon residents' feedback and all review agency comments were answered by letter. He
talked about communications with the Parks & Recreation Department to relocate the existing
ballfields.
A noise and vibration specialist, hired by the applicant, provided some technical information and an
overview of the results of a noise study conducted. His conclusions concerning the long -term noise
condition was that maximum noise levels would be 62 -65 decibels closest to the berm and as operations
move away from the berm, noise levels will drop due to distance to the mid 50s. He concluded by
noting the overall noise impact with the berm in place would be minimal and will be the same as
background noise from I -81 and Route 11.
The applicant's attorney, Mr. Ty Lawson, reviewed the revised proffers with the Commission. His
points included: asphalt and concrete mixing plants were proffered out; the angles on either side of the
berms were softened and would include random plantings; and the berm would be moved behind the
Martin farmhouse to preserve historical viewshed. In addition, the Marlin farmhouse will be placed
into adaptive re -use. With regard to transportation issues, Mr. Lawson stated that VDOT was satisfied
with the proffers offered; therefore, no TIA was produced. In addition, VDOT did not want any
additional entrances on Route 11, which is reflected in their proffer, and they will continue to access
Brucetown Road. No additional right -of -way for future widening of Route 11 was offered, nor was any
contributions toward the realignment of the Brucetown /Hopewell intersection.
Planning Commission members asked the applicant about various unresolved issues such as, a date for
when the relocation of the County's convenience center site would have to be moved so there will be
ample time to relocate; the importance of the acquisition of right -of -way for the future widening of
Route 11 asjustifted by the newly- adopted Northeast Land Use Plan; a guarantee that Frederick County
will have access to the water now and into the future for its citizens; the potential of supplying several
acres in this vicinity for the relocation of a fire and rescue building; and placing a new commercial
entrance on Route l 1 and removing the primary access on Brucetown Road, due to the poor site
distance and curvature of Brucetown Road and the conflict it creates with dump trucks and passenger
vehicles. There were also issues raised regarding some discrepancies with the language in the proffers
9 0
Rezoning #01 -II Carmeuse NA — Clearbrook Rezoning
December 5, 2011
Page 14
and corresponding exhibits regarding the desire to see the berm "maintained" at ten feet. The issue of
the close proximity of the pit to adjoining residential properties was also discussed and practices that
could be utilized to be certain that no disruptions occur to adjoining properties or water wells.
The Planning Commission acted first on the requested waiver. By a majority vote, the Commission
tabled the waiver request for 45 days in order to provide time for the applicant to revise their proffers.
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
The Planning Commission next acted on the rezoning application. By a majority vote, the Commission
tabled the rezoning for 45 days to give the applicant time to address the issues raised by the
Commission. The majority vote was as follows:
YES (TO TABLE REZONING 45 DAYS) Unger, Crosen, Manuel, Oates, Wilmot, Kriz, Triplett,
Lemieux, Mohn
NO: Ambrogi, Thomas, Madagan
ABSTAIN Crockett
PLANNING COMMISSION SUMMARY AND ACTION OF THE 08/03/11 MEETING
Some members of the Commission had concerns regarding the waiver. They were concerned about the
excavation pit wall coming within 50 feet of residential properties and the possibility of being left with
a 30 -foot reduced buffer along Route I 1 for the planned future expansion. Some Commission members
were opposed to the Brucetown Road access and believed truck traffic should use Route 11. If
Brucetown Road was used for truck traffic, they believed there needed to be a limit on the number of
trucks, due to the possibility of other allowed uses in the EM District affecting the traffic volume. The
absence of an offer of property in recognition of the fire and rescue facility was also raised as a concern.
The President of the Board of Directors of the Clearbrook Volunteer Fire & Rescue Company said that
Clearbrook Volunteer Fire & Rescue Company and the quarry owners have come to a mutual agreement
regarding a land exchange at a future date. A Commissioner asked the fire company if they would
present their contract to the Board of Supervisors so their capital improvement request could be
removed from the CIP. The applicant's attorney noted that this is an agreement between two private
property owners. Other Commission members did not believe this property agreement should preclude
the fire company from being on the CIP; it was felt they are providing public service and should
continue to be able to benefit from any proffer funds that maybe collected. It was noted that the value
of the CIP is not purely about property, but it also legitimizes public proffer funds being directed
towards a fire company.
0 •
Rezoning 401-11 CarmeuseNA — ClearbrookRezoning
December 5, 2011
Page 15
There were no public comments. The waiver request with a modified buffer was approved by a
majority vote. A recommendation of approval of the rezoning was made by a majority vote with an
additional recommendation that the Board work to resolve the issue with the Clearbrook Volunteer Fire
& Rescue Company. The vote was as follows:
YES (TO REC. APPROVAL OF REZONING) Mohn, Lemieux, Triplett, Kriz, Madagan, Wilmot,
Oates, Manuel, Ambrogi, Crosen
NO: Unger
ABSTAIN Crockett
(Note: Commissioner Thomas was absent from the meeting.)
0
MHARR Y14 � JR
Area to be Rezoned
Property Lines of Parent Tract(s)
Parcels
Bt (Business, Neighborhood District)
B2 (Business, General Distrist)
B3 (Business, Industrial Transition District)
EM (Extractive Manufacturing District)
HE (Higher Education District)
4 M1 (Industrial, Light District)
M2 (Industrial, General District)
4W MH1 (Mobile Home Community District)
- MS (Medical Support District)
OM (Office - Manufacturing Park)
R4 (Residential Planned Community District)
Q RS (Residential Recreational Community District)
RA (Rural Area District)
RP (Residential Performance District)
S
REZ #01 -11
Cormeuse - NA
Clearbrook Rezoning
PINS: 44 - A - 83, 83A
&33 -A -144
92 ac RA to EM
0 250 500 1,000 Feet
r— —I i
Note:
Frederick County Dept of
Planning & Development
N Kent Si e
suite 202
Winchester, VA 22601
540 -665 -5651
Map Created: May 25, 2011
Staff: mruddy
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
To be completed by Planning Staff yp
Fee Amount Paid S
�d
..,Zoning' Amendment Number �' Date Received ,� 5
PC Hearing Date " to BOS Hearing _Date ' / t
The following information shall be provided by the applicant:
All parcel identification numbers, deed book and page numbers may be obtained from the Office of
the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester.
1. Applicant:
O -N Minerals (Chemstone) Company
Name: d/b /a Carmeuse Lime & Stone Telephone: (412) 638 -1581
Address: 11 Stanwix Street, 21 st Floor
Pittsburgh, PA 15222
Name: Frances G. Martin as holder of life estate interest in parcel 44 -A -83
Address: 3004 Martinsburg Pike Stephenson V A 22656
2. Property Owner (if different than above)
Name: Same as applicants Telephone:
Address:
3. Contact person if other than above
Naive: Thomas Moore Lawson, Esq. Telephone: (540) 665 - 0050
4. Checklist: Check the following items that have been included with this application.
Location map X Agency Comments X
Plat X Fees X
Deed to property X Impact Analysis Statement X
Verification of taxes paid X Proffer Statement X
12
• •
5. The Code of Virginia allows us to request full disclosure of ownership in relation to
rezoning applications.
Please list below all owners or parties in interest of the land to be rezoned:
O -N Minerals (Chemstone) Company d /b /a Carmeuse Lime & Stone
Frances G. Martin as holder of life estate interest in parcel 44 -A -83
6. A) Current Use of the Property: Residential
B) Proposed Use of the Property: Mining (EM)
7. Adjoining Property:
PARCEL ID NUMBER
USE
ZONING
See attached
8. Location: The property is located at (give exact location based on nearest road and distance
from nearest intersection, using road names and route numbers):
508 Quarry Lane (that portion not currently zoned EM), 3004 Martinsburg Pike
and 3180 Martinsburg Pike. The subject parcels are located between the intersections
of Route 11 with Brucetown Road (SR 672) and with Walters Mill Lane (SR
13
0
0
9. The following information should be provided according to the type of rezoning
proposed:
Number of Units Proposed
Single Family homes: 0 Townhome: 0 Multi - Family: 0
Non - Residential Lots: t Mobile Home: 0 Hotel Rooms: 0
Sauare Footaee of Pronosed Uses
Office: 0 Service Station: 0
Retail: 0 Manufacturing: 0
Restaurant: 0 Warehouse: 0
Other: 55.2 acres - qua rry operations
10. Signature:
I (we), the undersigned, do hereby respectfully make application and petition the Frederick
County Board of Supervisors to amend the zoning ordinance and to change the zoning map
of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the
property for site inspection purposes.
I (we) understand that the sign issued when this application is submitted must be placed at
the front property line at least seven days prior to the Planning Commission public hearing
and the Board of Supervisors public hearing and maintained so as to be visible from the road
right -of -way until the hearing.
I (we) hereby certify that this application and its accompanying materials are true and
accurate to the best of my (our) knowledge.
/ a Date: - Z 1- Zc)
Applicant(s): � � _ / �— ( I
o -N erals (Chemstone Company) d/b/a Canneuse Lime & Stone
[ / A muz e Date:
Frances G. Martin as holder of life estate interest in parcel 44 -A -83
Owner(s): L l 1�_ Z � Date: -Z I - Z O 0
0 (Chemstone ompany) d /b /a Carmeuse Lime & Stone
/Je . fiIl� Date: 4F -27 a oii
Frances G. Martin as holder of life estate interest in parcel 44 -A -83
14
0 0
Adjoining Property Owners
Owners of property adjoining the land will be notified of the Planning Commission and the Board
of Supervisors meetings. For the purpose of this application, adjoining property is any property
abutting the requested property on the side or rear or any property directly across a public
right -of -way, a private right -of -way, or a watercourse from the requested property. The
applicant is required to obtain the following information on each adjoining property including the
parcel identification number which may be obtained from the office of the Commissioner of
Revenue. The Commissioner of the Revenue is located on the 2 nd floor of the Frederick County
Administrative Building, 107 North Kent Street.
Name
Address
Property Identification Number (PIN)
Name:
County of Frederick
107 N. Kent Street
Property #:
33- A -162A
Winchester, VA 22601
Name:
County of Frederick
107 N. Kent Street
Property #:
33- A -162B
Winchester, VA 22601
Name:
Kesari Third Generation LLC
11499 White Oak Ct
Property #:
33 -A -1648
Herndon, VA 20170
Wampler Jack K Sr & Jack K Jr P/A
Name:
Wampler's Mobile Homes
2648 Martinsburg Pike
Property #:
33 -A -1640
Stephenson, VA 22656
Name:
Richardson Kimberly Dick & John Franklin
107 Cotswold Court
Property #:
33 A 164E
Stephens City, VA 22655
Name:
Frederick Land Company LC
893 Clubhouse Road
Property #:
33 -A -166
York, PA 17403
Name:
Frederick Land Company LC
893 Clubhouse Road
Property #:
34 -A -20
York, PA 17403
Name:
White Harry S. Jr.
385 Back Mountain Road
Property #:
34 -A -24D
Winchester, VA 22602
Name:
Frederick County Fair cto Chester Lauck
167 Fairground Road
Property #:
44 -A -77A
Clearbrook, VA 22624
Name:
Stonewall District Ruritan do Joseph Hulver
1023 Redbud Road
Property #:
44 -A -81
Winchester, VA 22603
Name:
Frederick County School Board
P.O. Box 3058
Property #:
44 -A -82
Winchester, VA 22604
Name:
Umbenour Max J & Margaret M
115 Walters Mill Lane
Property #:
44 -A -84
Stephenson, VA 22656
Name:
Bachmann Jane Brumback
137 William Richmond
Property #:
44 -A -95
Williamsburg, VA 23185
Name:
Frederick Land Company LLC
893 Clubhouse Road
Property #:
44 -A -96
York, PA 17403
15
Name
Address
Property Identification Number (PIN)
Name:
Roberts Gregory G.
130 Tatanka Lane
Property #:
44 -A -96A
Stephenson, VA 22656
Name:
Cutshaw Alan W & Susan J
P.O. Box 133
Property #:
44 -A -96C
Stephenson, VA, 22656
Name:
Frederick Land Company LLC
893 Clubhouse Road
Property #:
44 -A -96D
York, PA 17403
Name:
Frederick Land Company LLC
893 Clubhouse Road
Property #:
44 -A -97
York, PA 17403
Name:
Anderson Mark D & Cheryl L
1419 Ramseur Ln
Property #:
44 -A -100
Winchester, VA 22601
Name:
Gray Mark T, Gray Tina M
611 Walters Mill Lane
Property #:
44 -A -103
Stephenson, VA 22656
Name:
Williams Gregory H
P.O. Box 443
Property #:
44 -A -106
Stephenson, VA 22656
Name:
London Roy Alfred III
3172 Martinsburg Pike
Property #:
44A -1 -1
Clearbrook, VA 22624
Name:
Rudy Glenn B
621 Tennyson Avenue
Property #:
44A -1 -2
Winchester, VA 22601
Name:
Hedrick David R. & Sandra L.
3154 Martinsburg Pike
Property #:
44A -1 -3
Clearbrook, VA 22624
Name:
Cornwell Clarke & Tina
3144 Martinsburg Pike
Property #:
44A -1 -4
Clearbrook, VA 22624
Name:
Myers Lolita L.
3134 Martinsburg Pike
Property #:
44A -1 -5
Clearbrook, VA 22624
Name:
Bly Kenneth L. & Joy A
3126 Martinsburg Pike
Property #:
44A -1 -6
Clearbrook, VA 22624
Name:
SK Associates Inc.
11499 White Oak Court
Property #:
44A -1 -7
Herndon, VA 20170
Name:
Clemons Richard Lee & Mary D
3106 Martinsburg Pike
Property #:
44A -1 -8
Clearbrook, VA 22624
Name:
Butts Joseph L. & Sylvia P.
3096 Martinsburg Pike
Property #:
44A -1 -9
Clearbrook, VA 22624
Name:
Payne Marion D. Jr.
3086 Martinsburg Pike
Property #:
44A -1 -10
Clearbrook, VA 22624
Name:
Frederick Land Company LLC
893 Clubhouse Road
Property #:
45 -A -1
York, PA 17403
Name:
Carter Robert W
827 Gun Club Rd
Property #:
45 -A -8
Stephenson, VA 22656
Name:
Anderson Mark D
1419 Ramseur Ln
Property #:
45 -A -8C
Winchester, VA 22601
16
• 0
REZONING APPLICATION #01 -11
CARMEUSE NA — CLEARBROOK REZONING
Staff Report for the Board of Supervisors
Prepared: September 7, 2011
Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director
Reviewed Action
Planning Commission: 06/15/11 Tabled 45 days
08/03/11 Recommended approval
Board of Supervisors: 09/14/11 Pending
PROPOSAL To rezone 92 acres from RA (Rural Areas) District to EM (Extractive Manufacturing)
District, with proffers.
LOCATION The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180
Martinsburg Pike, are located on the east side of Route l 1 between the intersections of Brucetown Road
(Route 672) and Walters Mill Lane (Route 836).
EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR THE
09/14/11 BOARD OF SUPERVISORS MEETING:
The Carmeuse NA - Clearbrook rezoning application addresses some of the goals of the Comprehensive
Plan as described in the staff report. Elements of the rezoning application have been identified that
should be carefully evaluated to ensure they fully address specific components of the Comprehensive
Plan. In addition, the Board should ensure that the impacts associated with this rezoning request have
been fully addressed by the applicant.
The Applicant has provided the County with a revised proffer statement dated July 12, 2011 and a
revised Exhibit #2 dated August 3, 2011. The proffer revision was signed by representatives on July 22,
2011 and July 26, 2011.
A waiver request with a modified buffer was approved by the Planning Commission on August 3, 2011.
This waiver enables a 50 -feet setback against Route l 1 and the adjacent residences located on Route 1 1,
rather than the required 100 foot and 200 foot setbacks, respectively. The modified buffer requires that
additional landscaping is to be placed within this buffer area. This is a Planning Commission approval;
no Board action on the waiver is required.
The Planning Commission forwards a recommendation for approval of the rezoning with an additional
recommendation that the Board work to resolve the issue with the Clearbrook Volunteer Fire & Rescue
Company's future site.
0 0
Rezoning #01 -11 Carmeuse NA — Clearbrook Rezoning
September 7, 2011
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.
Reviewed Action
Planning Commission: 06/15/11 Tabled 45 days
08/03/11 Recommended approval
Board of Supervisors: 09/14/11 Pending
PROPOSAL To rezone 92 acres from RA (Rural Areas) District to EM (Extractive Manufacturing)
District, with proffers.
LOCATION The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180
Martinsburg Pike, are located between the intersections of Route 1 I with Brucetown Road (Route 672)
and Walters Mill Lane (Route 836).
MAGISTERIAL DISTRICT Stonewall
PROPERTY ID NUMBERS 44 -A -83, 44 -A -83A and 33 -A -144 (portion of (see exhibit))
PROPERTY ZONING RA (Rural Areas) District
PRESENT USE Vacant /Agricultural /Residential/Park
ADJOINING PROPERTY ZONING & PRESENT USE
North: R
RA (Rural Areas) U
s •
Rezoning #01 -11 Carmeuse NA — Clearbrook Rezoning
September 7, 2011
Page 3
REVIEW EVALUATIONS:
Vireinia Dept. of Transportation: The documentation within the application to rezone this property
appears to have little measurable impact on Route 672. This route is the VDOT roadway which has
been considered as the access to the property. VDOT is satisfied that the transportation proffers offered
in the Carmeuse Lime & Stone Rezoning Application dated February. 2011, address transportation
concerns associated with this request. Before development, this office will require a complete set of
construction plans detailing entrance designs, drainage features and traffic flow data from the I.T.E.
Trip Generation Manual. Seventh Edition for review. VDOT reserves the right to comment on all right -
of -way needs, including right -of -way dedications, traffic signalization, and off -site roadway
improvements and drainage. Any work performed on the State's right -of -way must be covered under a
land use permit. This permit is issued by this office and requires an inspection fee and surety bond
coverage.
Fire Marshal Plans approved.
Clearbrook Volunteer Fire Co., Inc. — Follow Frederick County Fire & Rescue recommendations.
(Note: The Volunteer Company stated at August 3, 2011 Planning Commission meeting that an
agreement has been worked out with Carmeuse to secure a future site for the volunteer
company. A copy of the agreement has not been made available to the Planning Commission)
Public Works Department: 1. Refer to Site and Land Use History, page 3: The discussion references
the quarry company's attempts to meet with adjacent residents to address concerns to insure minimal
impact to the surrounding community. This discussion should be expanded to include the measures that
will be employed to remediate the impacts of the open pit mining operations on the ten single family
residents located along Route 11. In particular, we anticipate the impacts from the mining operations
will include dust, noise, lower groundwater levels and possible damage to building structures. 2. Refer
to Soils /Geology, page 4: Expand the discussion to include a description of the actual geological
formations that will be impacted and extracted by the proposed mining operations. 3. Refer to Solid
Waste Disposal, page 5: The proposed rezoning incorporates property that is currently leased by
Frederick County for use as a citizens' refuse disposal site. Frederick County signed a lease with O -N
Minerals to use this property which is located immediately east of the park's ball field. The lease
included an initial ten year time frame with two, five year renewals. At the time the lease was executed,
representatives from O -N Minerals indicated that they anticipated underground mining to remove the
high calcium limestone. Based on the proposed rezoning, we understand that Carmeuse NA plans to
continue the current open pit approach. Nevertheless, considering the investment that Frederick County
has made to this site to accommodate citizen refuse, we would appreciate the continued use of this site
until at least 2024. If this request fits within the proposed development time frame of the quarry
operations, we would appreciate that it be included in the proffer statement.
Sanitation Authority: No comments.
Frederick - Winchester Health Department Health Department has no objection to the request so
long as no existing or proposed drainfields and wells are negatively impacted.
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Page 4
Historic Resources Advisory Board Please see attached letter dated April 1, 2011, from Candice E.
Perkins, AICP, Senior Planner.
(Note: Exhibit 2, datedJuly 28, 2011, represents the relocated berm and screening around the
Martin House and the adaptive reuse of the Martin House, addressing the comments of the
HRAB. )
Department of Parks & Recreation No comment.
Winchester Regional Airport: We have completed a review of the proposed rezoning application and
determined the rezoning should not impact operations of the Winchester Regional Airport.
Frederick County Public Schools Please see attached letter dated April 18, 2011, from K Wayne
Lee, Jr., Coordinator of Planning and Development.
Frederick County Attorney: Please see attached letter dated April 10, 2011, from Roderick B.
Williams, County Attorney.
Planning Department: Please see attached Memorandum dated April 15, 2011, from Michael T.
Ruddy, AICP, Deputy Planning Director.
Planning & Zoning:
1) Site History
The original Frederick County zoning map (U.S.G.S. Inwood/Stephenson Quadrangles) identify
the subject parcels as being zoned A -2 (Agricultural General). The County's agricultural zoning
districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an
amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding
revision of the zoning map resulted in the re- mapping of the subject property and all other A -1
and A -2 zoned land to the RA District.
The balance of parcel 33 -A -144 not zoned RA was zoned EM during the County's
comprehensive downzoning RZ #13 -80 completed in 1980. The most recent rezoning from RA
to EM in the vicinity of this property occurred with R7-#010 -98 when W.S. Frey rezoned 31.74
acres at the southern end of their property. Numerous adjustments to the boundaries of the
parcels in this area have occurred in recent years.
The applicant has provided a plat which depicts a zoning boundary within parcel 33 -A -144.
This line appears to accurately reflect the existing boundary of the EM zoned land. The County
agrees that the location identified on the plat resolves any ambiguity as to the zoning boundary.
2) Comprehensive Policv Plan
The Frederick County Comprehensive Policy Plan is an official public document that serves as
the community's guide for making decisions regarding development, preservation, public
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September 7 2011
Page 5
facilities and other key components of community life. The primary goal of this plan is to
protect and improve the living environment within Frederick County. It is in essence a
composition of policies used to plan for the future physical development of Frederick County.
[2007 Comprehensive Policy Plan, p. 1 -1]
Land Use.
The 2007 Comprehensive Policy Plan and the Northeast Frederick Land Use Plan provide
guidance on the future development of the property. The property is located within the S W SA.
The Comprehensive Policy Plan identifies the general area surrounding this property with an
industrial land use designation. In general, the proposed Extractive Manufacturing (EM) land
use designation for this property is consistent with this industrial land use designation of the
Comprehensive Plan. This consistency was confirmed during the approval process for the
adopted Northeast Land Use Plan in 2010.
The Draft 2030 Comprehensive Plan includes the Northeast Land Use Plan as an approved Area
Plan in Appendix L Therefore, the proposed Comprehensive Plan would continue to recognize
the properties consistency with the Comprehensive Plan from a land use perspective.
Site Access.
The impact statement and proffer statement describe that public road access will be provided to
the rezoned parcel and that all traffic will continue to use the existing quarry entrance on
Brucetown Road, Route 672. Access by vehicles needed for periodic maintenance of the
properties shall not be limited.
Environment
Issues concerning water quality, quantity, use, and protection of water resources are directly
related to land development activities. Water supplies are needed to support development, while
surface and groundwater are potentially affected by development activities [Comprehensive
Policy Plan, p. 5 -3].
Major sources of water used in the County are groundwater and the North Fork of the
Shenandoah River. In 2000, the Frederick County Sanitation Authority entered a seventy year
lease with Global Stone Chemstone Corporation (Global). Global owns quarries at Clearbrook,
Middletown, and Strasburg (Please note the ownership of the quarries has subsequently
changed). The lease provides the water from these quarries as a source of supply and transfers
title of the quarries to the Frederick County Sanitation Authority when the mining operations are
complete. The agreement has provided a viable long term source of water for the County
[Comprehensive Policy Plan, p. 5 -3].
History
A portion of the property for which the rezoning is being requested is included in the study area
for the Third Battle of Winchester. The Rural Landmarks Survey of Frederick County identifies
one historic structure on the site, the Zinn House (Martin Farm), and one adjacent to the site,
Rose Farm. Both these properties are listed as potentially significant properties.
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To address the historic preservation policy goal of protecting the historic resources in Frederick
County, The Comprehensive Plan provides that the Historic Resources Advisory Board (HRAB)
review development proposals which potentially impact significant historic resources and that
the HRAB's information and recommendations are forwarded to the Planning Commission and
Board of Supervisors. The recommendation of the HRAB accompanies this report.
Transportation
The Eastern Road Plan of the Comprehensive Policy Plan covers this portion of the County.
The Eastern Road Plan is comprised of the transportation components of the various Area Plans.
The transportation component of the Northeast Land Use Plan identifies the need for an ultimate
six lane improvement for the Route 11 corridor in the vicinity of this project. According to
VDOT, the minimum right -of -way necessary for this improvement would be 120'. or 60' from
the center of the existing right -of -way. The dedication of right -of -way to support the widening
of Route 1 I should be addressed.
3) Site Suitability/Environment
The southern property contains environmentally sensitive areas. The applicant has not identified
this in the impact analysis. Under C. Suitability of the site, Environmental Features, it is stated
that the subject parcels contain no known environmental features. Section G. Historical Sites
and Structures, describes that a Phase II Archeological Study is being conducted of the area
adjacent to the spring near the historically significant Martin Farmhouse. County mapping and
site observations indicate pond, stream, and wetland features on the property.
Any disturbance of identified environmental resources would occur in conformance with
applicable County, State, and Federal regulations.
The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils
comprising the subject parcels fall under the Oaklet - Carbo- Chilhov'ie soil association. Multiple
soil types are located on the sites. It is recognized that the limestone deposits that underlie the
properties provide the ideal geological conditions for Extractive Manufacturing use. In addition,
the most productive aquifers in the County are the limestone - carbonate aquifers that are present
in this area.
4) Potential Impacts
Potential Impact Summary.
In evaluating the Carmeuse NA Clearbrook rezoning application it is very important to
recognize that the applicant has not proffered a commitment to the use of the property beyond
those which would be enabled by the EM (Extractive Manufacturing) District. All land uses,
meeting the applicable development standards, would be permitted within the district based
upon the application as submitted. The County is familiar with the operation and practices of
the existing Clearbrook Quarry operation and recognizes that the purpose of the rezoning
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Page 7
request is to enable the expansion of the existing limestone ore extraction operation onto
adjacent properties, utilizing this natural resource. However, lacking a commitment that seeks to
further define the scope of operations, this application should be evaluated carefully and with
the understanding that the use of the properties could be more intensive than that described in
the applicant's impact statement.
Consideration should be given to the maximum possible intensity of EM (Extractive
Manufacturing) use identified in the County's Zoning Ordinance. The impacts associated with
this rezoning request may be more significant and should be understood. The applicant should
be prepared to address the mitigation of the impacts associated with this rezoning request, in
particular, those impacts and issues identified by the reviewing agencies.
Guarantees in the form of proffered conditions have not been offered to ensure that the impacts
generated by this application are limited and consistent with the discussion in the Impact
Statement. The applicant has the ability to address this through the Proffer Statement. When
considering the acreage potential, the dimensional requirements, and the EM District uses, it is
possible that facilities located adjacent to Route 11 could result, as could facilities located
within 50 feet of the adjacent RA zoned property surrounding the site, including Clearbrook
Park. The scope of the impacts could exceed the projections identified and accommodated in the
impact statement and TIA.
Historic Resources
The Frederick County Historic Resources Advisory Board (HRAB) considered the O -N
Minerals (Chemstone) rezoning application during their March 16, 2011 meeting.
The HRAB expressed that they could support the approval of this project if the suggestions
offered as a result of the HRAB meeting are considered by the applicant in order to mitigate
impacts on the historic resources (Please see HRAB letter dated April 1, 2011, signed by
Candice E. Perkins, Senior Planner).
Transportation.
Review of the application indicates that while the applicant contends that overall truck trips on
the public road system will not increase, there is no proffer to support this. While it may be true
that daily trips are not expected to increase, the fact remains that rezoning of this parcel would
increase the overall impact to our transportation system over time through the enabling of
additional mining activity.
Numerous traffic impact analyses in this area have highlighted the need for improvements and
alignment of Brucetown and Hopewell Road. In addition, the Northeast Land Use Plan calls for
interchange modifications and transportation improvements to support the planned uses for this
area. This includes the area that is proposed for rezoning. Established County policy is that
new or additional development is responsible for implementation of the comprehensive plan
which calls for it. Part of this responsibility is participating in the infrastructure needed to
support development of that comprehensive plan. At this time it does not appear that this
application adequately addresses that responsibility.
Rezoning k01 -11 Carmeuse NA - Clearbrook Rezoning
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The transportation component of the Northeast Land Use Plan identifies the need for an ultimate
six lane improvement for the Route 11 corridor in the vicinity of this project. According to
VDOT, the minimum right -of -way necessary for this improvement would be 120', or 60' from
the center of the existing right -of -way. The dedication of right -of -way to support the widening
of Route 11 should be addressed.
A TIA was not provided for this project. This determination was based upon a development
scenario that has not been proffered. As transportation relates directly to land use it must be
recognized that the Proffer Statement does not place a limitation on development beyond that
permitted by the district. Therefore, the number of vehicle trips, and consequently the impacts,
could be considerably higher than that described with the development of additional EM land
uses.
Mining Operations and Community pacts
Associated with mining operations is the potential for a variety of impacts that may affect
surrounding properties and land uses. The Division of Mineral Mining of the Virginia
Department of Mines is responsible for permitting mining operations within the State of
Virginia including the operations of Carmeuse at the Clearbrook Quarry.
The EM (Extractive Manufacturing) District of the Frederick County Zoning Ordinance
provides additional local requirements that seek to minimize the impacts associated with
Extractive Manufacturing uses. Provisions and performance standards are provided to protect
surrounding uses from adverse impacts. Appropriate landscaping or screening may be required
by the Zoning Administrator or Planning Commission within any required yard setback area in
order to reasonably protect adjacent uses from noise, sight, dust, or other adverse impacts.
In addition to the potential impacts of the proposed mining operations on the view shed from the
historical perspective, consideration should be given to the visual impacts on the landscape from
the perspective of the adjacent residential landowners and from the perspective of residents and
visitors traveling along Route 11, Martinsburg Pike which borders the proposed mining
operation.
Adjacent properties
The EM (Extractive Manufacturing) district of the County's Zoning Ordinance provides for
additional performance standards which are aimed at protecting surrounding land uses from
adverse impacts. Specifically, the following two standards address excavations
1. (Front Setback). Excavations shall be no closer than one hundred feet
from any road, street, or highway right -of -way.
2. (Side & Rear Setbacks). Excavations shall be no closer than one
hundred feet from any property zoned RA. No excavation shall be located
closer than 200 feet from any dwelling or platted residential subdivision.
Waiver Request
The applicant, Carmeuse NA - Clearbrook, is seeking a reduction in the setback requirement for
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Page 9
the EM Extractive Manufacturing District as it applies to their property to allow structures and
excavations to be located closer to the front, side, and rear property lines than is currently
permitted by Ordinance.
More specifically, Carmeuse NA - Clearbrook, are requesting a waiver to Chapter 165 Zoning,
Article VI Business and Industrial Zoning Districts. The requested waiver is to Part 608 EM
Extractive Manufacturing District, 165- 608.05 Setback and Yard Requirements, particularly
165- 608.05(A)(2),165- 608.05(B)(1) and 165- 608.05(B)(2), to allow the setback requirement be
reduced from 75 feet, 100 feet, and 200 feet, respectively, to 50 feet in all cases.
Through a separate action, the Planning Commission should determine if the applicant has,
through the use of measures such as landscaping or screening, effectively protected the adjacent
properties, including the residential properties and Clearbrook Park, and along Route 11, the
appropriate measure of protection and has not reduced the effectiveness of the buffering and
screening.
If the applicant has not satisfactorily demonstrated the effectiveness of the alternative buffer and
screening to the Planning Commission, the proffer statement incorrectly reflects the current
setback requirements of the Zoning Ordinance.
3) Proffer Statement — Dated February 8, 2011 (Revised July 12, 2011)
A) Allowed Uses:
i. The Proffer Statement states that the Properties shall be developed with
extractive manufacturing land uses pursuant to the approved mining permit. It
should be recognized that the applicant has not proffered a commitment to the
use of the property beyond those which would be enabled by the EM (Extractive
Manufacturing) District. All land uses, meeting the applicable development
standards, would be permitted within the district based upon the application as
submitted. The County is familiar with the operation and practices of the
existing Quarry operations, both here and in Middletown, and recognizes that
the purpose of the rezoning request is to enable the expansion of the existing
limestone ore extraction operation onto adjacent properties, utilizing this natural
resource. However, lacking a commitment that seeks to further define the scope
of operations, this application should be evaluated carefully and with the
understanding that the use of the properties could be more intensive than that
described in the applicant's impact statement.
ii. Please refer to the list of permitted uses and the maximum possible intensity of
EM (Extractive Manufacturing) use identified in the County's Zoning
Ordinance. As noted previously, the Impact Analysis states that the Applicant
has proffered that activities such as asphalt or concrete mixing plants, cement
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September 7, 2011
Page 10
and lime kilns, and oil and natural gas extraction will be prohibited. The Proffer
Statement does not prohibit such uses, or other EM uses.
B) Access Management and Transportation.
i. The applicant contends that overall truck trips on the public road system
will not increase; however, there is no proffer to support this. While it may be
true that daily trips are not expected to increase, the fact remains that rezoning of
this parcel would increase the overall impact to the transportation system.
ii. Numerous traffic impact analyses in this area have highlighted the need
for improvements and alignment ofBrucetown and Hopewell Road. In addition,
the Northeast Land Use Plan calls for interchange modifications and
transportation improvements to support the planned uses for this area. At this
time it does not appear that this application adequately addresses the
responsibility to participate in the infrastructure needed to support development
as identified by the comprehensive plan.
iii. The transportation component of the Northeast Land Use Plan identifies
the need for an ultimate six lane improvement for the Route 11 corridor in the
vicinity of this project. The dedication of right -of -way to support the widening
of Route 1 I should be addressed.
The Applicant has proffered the provision for the dedication of 20' across the property whenever
a demand is made for the same by Frederick County or VDOT (6.2). Please note that said
dedication would be from within the proposed 50'setback, potentially reducing the buffer along Route
11 to 30'.
C) Site Development:
i.Proffer 2.2 recognizes Exhibit 2 as the document detailing the landscaping,
berming, and excavation activity. The two sections shown on Exhibit 2 place the
pit wall excavations approximately 53 feet from the road right -of -way and
residential lots. This is also the same distance proposed from the County Park.
Please recognize that without a waiver, Exhibit 2 proposes standards which
conflict with the County's Zoning Ordinance.
ii.Insufficient detail is provided in Proffer 2.2 or Exhibit 2 to accurately define the
amount, size, mix, and spacing of the landscaping. Both Proffer 2.2 and Exhibit
2 relate to each other but do not adequately provide commitments in the
landscaping and berming to guarantee the impacts to the adjacent residential
properties within the existing platted subdivision, the Route 11 corridor, and the
County Park can be adequately mitigated.
iii.Proffer 3.1 addressing Historic Resources does not appear to be a valid proffer
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Page 11
as it makes no commitment to do anything relating to the Martin Farmhouse,
which the Applicants Phase 1 Archeological Survey identified as having
historical significance. Further clarification and commitment is needed with
regards to this issue. The comments provided by the Historic Resources
Advisory Board should be addressed.
The Applicant has addressed this comment by providing a commitment for the adaptive reuse of
the property and the relocation of the berm around the property.
D) Mitigating the he Impact of Development:
i.This application does not address the impacts on Community Facilities.
Particular attention should be provided to Parks and Recreation, and Fire and
Rescue. The Northeast Land Use Plan recognizes the planned development of
capital facilities that would be necessary to support the growth in this area of the
County. A new fire and rescue facility in the Clearbrook area is recognized and
is a top priority of the CIP.
ii.A previous rezoning pertaining to the EM district with the same owner
guaranteed to the Frederick County Sanitation Authority rights to the
groundwater resources in accordance with existing agreements between the
applicant and the FCSA. The proffer Statement should provide clarification that
the future use of the property and the development of facilities to support the
utilization of the groundwater resources are enabled by this rezoning request and
Proffer Statement.
STAFF CONCLUSIONS FOR THE 06/15/11 PLANNING COMMISSION MEETING:
The Carmeuse NA - Clearbrook rezoning application addresses some of the goals of the Comprehensive
Plan as described in the staff report. Elements of the rezoning application have been identified that
should be carefully evaluated to ensure they fully address specific components of the Comprehensive
Plan. In addition, the Planning Commission should ensure that the impacts associated with this rezoning
request have been fully addressed by the applicant. The Planning Commission should pay particular
attention to the following:
1. The potential impacts associated with more intensive use of properties.
2. Th _ .............. ,.F th Hi o,...,..._,.,.. n d y is,...., n,..._a
3. The potential impacts on adjacent properties.
4. The potential transportation impacts on Route 672 and Route 11
5. The concerns of the reviewing agencies, in particular the County Attorney.
Rezoning #01-11 Carmeuse NA— ClearbrookRezoning
September 7, 2011
Page 12
PLANNING COMMISSION SUMMARY AND ACTION OF THE 06/15/11 MEETING
Six citizens from the Stonewall, Back Creek, and Gainesboro Districts, spoke in support of the
rezoning. These citizens included employees of Carmeuse and private enterprises, which depend on
Carmeuse for their business and donations. The applicants presented a number of letters of support and
a petition signed by 30 Carmeuse employees. Included were 15 letters of support from neighbors in the
Clearbrook/Brucetown area and five letters of support from adjoining property owners.
The applicant's Area Operations Manager, Mr. James (Jim) Bottom, spoke about the numerous
community meetings held with the residents of Brucetown, Clearbrook, Walters Mill Lane, and the
small community across from the school, along with one -on -one meetings, to determine the concerns of
the neighbors. He said issues ranged from noise, access, railroad crossings, location and type of berms,
the historical house, and landscaping along property boundaries. Mr. Bottom said the proffers were
written based upon residents' feedback and all review agency comments were answered by letter. He
talked about communications with the Parks & Recreation Department to relocate the existing
ballfields.
A noise and vibration specialist, hired by the applicant, provided some technical information and an
overview of the results of a noise study conducted. His conclusions concerning the long -term noise
condition was that maximum noise levels would be 62 -65 decibels closest to the berm and as operations
move away from the berm, noise levels will drop due to distance to the mid 50s. He concluded by
noting the overall noise impact with the berm in place would be minimal and will be the same as
background noise from I -81 and Route 11.
The applicant's attorney, Mr. Ty Lawson, reviewed the revised proffers with the Commission. His
points included: asphalt and concrete mixing plants were proffered out; the angles on either side of the
berms were softened and would include random plantings; and the berm would be moved behind the
Martin farmhouse to preserve historical viewshed. In addition, the Martin farmhouse will be placed
into adaptive re -use. With regard to transportation issues, Mr. Lawson stated that VDOT was satisfied
with the proffers offered; therefore, no TIA was produced. In addition, VDOT did not want any
additional entrances on Route 11, which is reflected in their proffer, and they will continue to access
Brucetown Road. No additional right -of -way for future widening of Route 11 was offered, nor was any
contributions toward the realignment of the Brucetown/Hopewell intersection.
Planning Commission members asked the applicant about various unresolved issues such as, a date for
when the relocation of the County's convenience center site would have to be moved so there will be
ample time to relocate; the importance of the acquisition of right -of -way for the future widening of
Route I 1 as justified by the newly- adopted Northeast Land Use Plan; a guarantee that Frederick County
will have access to the water now and into the future for its citizens; the potential of supplying several
acres in this vicinity for the relocation of a fire and rescue building; and placing a new commercial
entrance on Route 11 and removing the primary access on Brucetown Road, due to the poor site
distance and curvature of Brucetown Road and the conflict it creates with dump trucks and passenger
vehicles. There were also issues raised regarding some discrepancies with the language in the proffers
and corresponding exhibits regarding the desire to see the berm "maintained" at ten feet. The issue of
Rezoning #01 -11 Carmeuse NA— Clearbrook Rezoning
September 7, 2011
Page 13
the close proximity of the pit to adjoining residential properties was also discussed and practices that
could be utilized to be certain that no disruptions occur to adjoining properties or water wells.
The Planning Commission acted first on the requested waiver. By a majority vote, the Commission
tabled the waiver request for 45 days in order to provide time for the applicant to revise their proffers.
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
The Planning Commission next acted on the rezoning application. By a majority vote, the Commission
tabled the rezoning for 45 days to give the applicant time to address the issues raised by the
Commission. The majority vote was as follows:
YES (TO TABLE REZONING 45 DAYS) Unger, Crosen, Manuel, Oates, Wilmot, Kriz, Triplett,
Lemieux, Mohn
NO: Ambrogi, Thomas, Madagan
ABSTAIN Crockett
PLANNING COMMISSION SUMMARY AND ACTION OF THE 08/03/11 MEETING
Some members of the Commission had concerns regarding the waiver. They were concerned about the
excavation pit wall coming within 50 feet of residential properties and the possibility of being left with
a 30 -foot reduced buffer along Route 11 for the planned future expansion. Some Commission members
were opposed to the Brucetown Road access and believed truck traffic should use Route 11. If
Brucetown Road was used for truck traffic, they believed there needed to be a limit on the number of
trucks, due to the possibility of other allowed uses in the EM District affecting the traffic volume. The
absence of an offer of property in recognition of the fire and rescue facility was also raised as a concern.
The President of the Board of Directors of the Clearbrook Volunteer Fire & Rescue Company said that
Clearbrook Volunteer Fire & Rescue Company and the quarry owners have come to a mutual agreement
regarding a land exchange at a future date. A Commissioner asked the fire company if they would
present their contract to the Board of Supervisors so their capital improvement request could be
removed from the CIP. The applicant's attorney noted that this is an agreement between two private
property owners. Other Commission members did not believe this property agreement should preclude
the fire company from being on the CIP; it was felt they are providing public service and should
continue to be able to benefit from any proffer funds that may be collected. It was noted that the value
of the CIP is not purely about property, but it also legitimizes public proffer funds being directed
towards a fire company.
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Rezoning 901 -11 Carmeuse NA — Clearbrook Rezoning
September 7, 2011
Page 14
There were no public comments. The waiver request with a modified buffer was approved by a
majority vote. A recommendation of approval of the rezoning was made by a majority vote with an
additional recommendation that the Board work to resolve the issue with the Clearbrook Volunteer Fire
& Rescue Company. The vote was as follows:
YES (TO REC. APPROVAL OF REZONING) Mohn, Lemieux, Triplett, Kriz, Madagan, Wilmot,
Oates, Manuel, Ambrogi, Crosen
NO: Unger
ABSTAIN Crockett
(Note: Commissioner Thomas was absent from the meeting.)
0
9
COUNTY of FREDERICK
MEMORANDUM
TO: Planning Commission
FROM: Michael T. Ruddy, AICP
Deputy Director
RE: Waiver Request — Carmeuse NA - Clearbrook
DATE: July 18, 2011
Department of Planning and Development
546/665 -5651
FAX: 540 /665 -6395 .
The applicant, Carmeuse NA - Clearbrook, is seeking a reduction in the setback requirement for the
EM Extractive Manufacturing District as it applies to their property to allow structures and
excavations to be located closer to the front, side, and rear property lines than is currently permitted
by Ordinance.
More specifically, Carmeuse NA - Clearbrook, are requesting a waiver to Chapter 165 Zoning,
Article VI Business and Industrial Zoning Districts. The requested waiver is to Part 608 EM
Extractive Manufacturing District, 165- 608.05 Setback and Yard Requirements, particularly 165 -
608,05(A)(2), 165- 608.05(B)(1) and 165- 608.05(B)(2), to allow the setback requirement be reduced
from 75 feet, 100 feet, and 200 feet, respectively, to 50 feet in all cases.
The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg
Pike, are located between the intersections of Route 11 with Brucetown Road (Route 672).and
Walters Mill Lane (Route 836), in the Stonewall Magisterial District, and are identified by Property
Identification Numbers 44 -A -83, 44 -A -83A and 33 -A -144 (portion of). This property is subject to
Rezoning #01 -11.
Background
The relevant sections of the Zoning Ordinance are as follows:
165- 608.05 A (2)
Excavations shall be no closer than one hundred feet from any road, street or highway right -of -way.
The Planning Commission may reduce the required front setback for excavation to 50 feet if it
determines that, through the use of measures such as landscaping or screening, the effective
protection afforded to adjacent properties has not been reduced.
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
0
Planning Commission
RE: CarmeuseNA EM setback waiver
July 18, 2011
Page 2
165- 608.05 s
0
Side and rear setbacks. All principle and accessory structures shall be set back at least 25 feet from
any side or rear property boundary.
(1) No structure shall be closer than 100 feet from any property line zoned RA, RP, R4, R5 or MH1.
The Planning Commission may reduce this required setback to 50 feet if it determines that, through
the use of measures such as landscaping or screening, the effective protection afforded to adjacent
properties has not been reduced.
(2) Excavations shall be no closer than one hundred feet from any property zoned RA, RP, R4, R5 or
MH1. No excavation shall be located closer than 200 feet from any dwelling or platted residential
subdivision. The Planning Commission may reduce these required setbacks to 50 feet if it
determines that, through the use of measures such as landscaping or screening, the effective
protection afforded to adjacent properties has not been reduced.
The Applicant submitted an exhibit with their rezoning application which depicts the general
locations of the proposed screening and the berm sections which locate the landscaping and final
berm.
• The requested setback for the excavations from Route 11 and private drives, the front
setbacks, is 50 feet rather than the required 100 feet.
• The requested setback for structures from the side and rear property line is 50 feet rather than
the required 100 feet.
• The requested setback for excavations from the side and rear property lines adjacent to any
dwelling or platted residential subdivision is 50 feet rather than the required 200 feet.
The Planning Commission should determine if the applicant has, through the use of measures such as
landscaping or screening, effectively protected the adjacent properties, including the residential
properties and Clearbrook Park, and along Route 11, the appropriate measure of protection and has
not reduced the effectiveness of the buffering and screening.
Update for 08/03/11 Planning Commission Meetine
When evaluating this waiver request, please note that the Applicant has provided a revised
proffer statement that provides for the following.
The provision for the dedication of 20 feet across the property whenever a demand is madefor the
same by Frederick County or VDOT (6.2).
The dedication would be from within the proposed 50 foot setback, potentially reducing the
buffer along Route 11 to 30 feet. Any alteration, amendment, or relocation of the buffer and
screening shall be at the sole discretion of the Applicant.
0 •
Planning Commission
RE: Carmeuse NA EM setback waiver
July 18, 2011
Page 3
This is a Planning Commission item only. It should be recognized that the waiver request is related
to rezoning application RZ01 -11, in that Exhibit 2 is a proffered condition of the rezoning. If the
applicant has not satisfactorily demonstrated the effectiveness of the alternative buffer and screening
to the Planning Commission, the proffer statement incorrectly reflects the current setback
requirements of the Zoning Ordinance.
Please contact me if you have any further questions.
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i •
REZONING APPLICATION #01 -11
CARMEUSE NA — CLEARBROOK REZONING
Staff Report for the Planning Commission
Prepared: July 18, 2011
Staff Contact: Michael T. Ruddy, A1CP, Deputy Planning Director
Reviewed Action
Planning Commission: 06/15/11 Tabled 45 days
08/03/11 Pending
Board of Supervisors: 07/27/11 Pending
PROPOSAL To rezone 92 acres from RA (Rural Areas) District to EM (Extractive Manufacturing)
District, with proffers.
LOCATION The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180
Martinsburg Pike, are located on the east side of Route I I between the intersections of Brucetown Road
(Route 672) and Walters Mill Lane (Route 836).
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 08/03/11 PLANNING
COMMISSION MEETING:
The Applicant has provided the County with a revised proffer statement dated July 12, 2011. At
this time, the proffer statement is unsigned. Also, an updated Exhibit 2 has yet to be provided
consistent with that presented to the Planning Commission during their 6115111 meeting. It is
anticipated that these items will be forthcoming from the Applicant.
The revisions to the proffers area as follows.
1) The provision for the dedication of 20 feet across the property whenever a demand is
made for the same by Frederick County or VDOT (6.2). Please note that said dedication
would be from within the proposed 50foot setback, potentially reducing the buffer along Route
11 to 30 feet.
2) The provision for an entrance on Route 11, provided the entrance is approved by
Frederick County or VDOT (6.1).
All other elements of the application remain the same as evaluated during the Planning
Commission meeting. With the recognition that Exhibit 2 represents the relocated berm and
screening around the Martin House and the adaptive reuse of the Martin House, the Applicant
has addressed the comments of the HRAB. The other concerns expressed by staff in the
conclusion offered previously and as follows remain valid.
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Rezoning #0l -11 Carmeuse NA — Clearbrook Rezoning
July 18, 2011
Page 2
E
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 06/15/11 PLANNING
COMMISSION MEETING:
The Carmeuse NA - Clearbrook rezoning application addresses some of the goals of the Comprehensive
Plan as described in the staff report. Elements of the rezoning application have been identified that
should be carefully evaluated to ensure they fully address specific components of the Comprehensive
Plan. In addition, the Planning Commission should ensure that the impacts associated with this rezoning
request have been fully addressed by the applicant. The Planning Commission should pay particular
attention to the following:
1. The Potential impacts associated with more intensive use of properties.
2. The feeeniffiendatiens of the llistefie Resoufees,kdvis
3. The potential impacts on adjacent properties.
4. The potential transportation impacts on Route 672 and Route 11.
5. The concerns of the reviewing agencies, in particular the County Attorney.
Following- the required public hearin a recommendation reg-arding- 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.
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July 18, 2011
Page 3
0
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.
Reviewed Action
Planning Commission: 06/15/11 Tabled 45 days
08/03/11 Pending
Board of Supervisors: 07/27/11 Pending
PROPOSAL To rezone 92 acres from RA (Rural Areas) District to EM (Extractive Manufacturing)
District, with proffers.
LOCATION 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).
MAGISTERIAL DISTRICT Stonewall
PROPERTY ID NUMBERS 44 -A -83, 44 -A -83A and 33 -A -144 (portion of (see exhibit))
PROPERTY ZONING RA (Rural Areas) District
PRESENT USE Vacant /Agricultural /Residential/Park
ADJOINING PROPERTY ZONING & PRESENT USE
North: R
RA (Rural Areas) U
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July 18, 2011
Page 4
REVIEW EVALUATIONS:
_Virginia Dept. of Transportation: The documentation within the application to rezone this property
appears to have little measurable impact on Route 672. This route is the VDOT roadway which has
been considered as the access to the property. VDOT is satisfied that the transportation proffers offered
in the Carmeuse Lime & Stone Rezoning Application dated February, 2011, address transportation
concerns associated with this request. Before development, this office will require a complete set of
construction plans detailing entrance designs, drainage features and traffic flow data from the I.T.E.
Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right -
of -way needs, including right -of -way dedications, traffic signalization, and off -site roadway
improvements and drainage. Any work performed on the State's right -of -way must be covered under a
land use permit. This permit is issued by this office and requires an inspection fee and surety bond
coverage.
Fire Marshal Plans approved.
Clearbrook Volunteer Fire Co., Inc. — Follow Frederick County Fire & Rescue recommendations.
Public Works Department: L Refer to Site and Land Use History, page 3: The discussion references
the quarry company's attempts to meet with adjacent residents to address concerns to insure minimal
impact to the surrounding community. This discussion should be expanded to include the measures that
will be employed to remediate the impacts of the open pit mining operations on the ten single family
residents located along Route 11. In particular, we anticipate the impacts from the mining operations
will include dust, noise, lower groundwater levels and possible damage to building structures. 2. Refer
to Soils /Geology, page 4: Expand the discussion to include a description of the actual geological
formations that will be impacted and extracted by the proposed mining operations. 3. Refer to Solid
Waste Disposal, page 5: The proposed rezoning incorporates property that is currently leased by
Frederick County for use as a citizens' refuse disposal site. Frederick County signed a lease with O -N
Minerals to use this property which is located immediately east of the park's ball field. The lease
included an initial ten year time frame with two, five year renewals. At the time the lease was executed,
representatives from O -N Minerals indicated that they anticipated underground mining to remove the
high calcium limestone. Based on the proposed rezoning, we understand that Carmeuse NA plans to
continue the current open pit approach. Nevertheless, considering the investment that Frederick County
has made to this site to accommodate citizen refuse, we would appreciate the continued use of this site
until at least 2024. If this request fits within the proposed development time frame of the quarry
operations, we would appreciate that it be included in the proffer statement.
Department of Inspections:
Sanitation Authority: No comments.
Service Authority:
Frederick - Winchester Health Department Health Department has no objection to the request so
long as no existing or proposed drainfields and wells are negatively impacted.
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Rezoning #01 -11 Carmeuse NA — Clearbrook Rezoning
July 18, 2011
Page 5
Historic Resources Advisory Board Please see attached letter datedApril 1, 2011,,from Candice E.
Perkins, AICP, Senior Planner.
Department of Parks & Recreation No comment.
Winchester Regional Airport: We have completed a review of the proposed rezoning application and
determined the rezoning should not impact operations of the Winchester Regional Airport.
Frederick County Public Schools Please see attached letter dated Apri118, 2011, from K. Wayne
Lee, Jr., Coordinator of Planning and Development.
Frederick County Attorney: Please see attached letter dated April 10, 2011, from Roderick B.
Williams, County Attorney.
Planning Department: Please see attached Memorandum dated April 15, 2011, from Michael T.
Ruddy, AICP, Deputy Planning Director.
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 -]
and A -2 zoned land to the RA District.
The balance of parcel 33 -A -144 not zoned RA was zoned EM during the County's
comprehensive downzoning RZ# 13 -80 completed in 1980. The most recent rezoning from RA
to EM in the vicinity of this property occurred with RZ 9010 -98 when W.S. Frey rezoned 31.74
acres at the southern end of their property. Numerous adjustments to the boundaries of the
parcels in this area have occurred in recent years.
The applicant has provided a plat which depicts a zoning boundary within parcel 33 -A -144.
This line appears to accurately reflect the existing boundary of the EM zoned land. The County
agrees that the location identified on the plat resolves any ambiguity as to the zoning boundary.
2) Comprehensive Policy Plan
The Frederick County Comprehensive Policy 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 primary goal of this plan is to
protect and improve the living environment within Frederick County. It is in essence a
composition of policies used to plan for the future physical development of Frederick County.
[2007 Comprehensive Policy Plan, p. 1 -1]
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Land Use.
The 2007 Comprehensive Policy Plan and the Northeast Frederick Land Use Plan provide
guidance on the future development of the property. The property is located within the SWSA.
The Comprehensive Policy Plan identifies the general area surrounding this property with an
industrial land use designation. In general, the proposed Extractive Manufacturing (EM) land
use designation for this property is consistent with this industrial land use designation of the
Comprehensive Plan. This consistency was confirmed during the approval process for the
adopted Northeast Land Use Plan in 2010.
The Draft 2030 Comprehensive Plan includes the Northeast Land Use Plan as an approved Area
Plan in Appendix I. Therefore, the proposed Comprehensive Plan would continue to recognize
the properties consistency with the Comprehensive Plan from a land use perspective.
Site Access.
The impact statement and proffer statement describe that public road access will be provided to
the rezoned parcel and that all traffic will continue to use the existing quarry entrance on
Brucetown Road, Route 672. Access by vehicles needed for periodic maintenance of the
properties shall not be limited.
Environment
Issues concerning water quality, quantity, use, and protection of water resources are directly
related to land development activities. Water supplies are needed to support development, while
surface and groundwater are potentially affected by development activities [Comprehensive
Policy Plan, p. 5 -3].
Major sources of water used in the County are groundwater and the North Fork of the
Shenandoah River. In 2000, the Frederick County Sanitation Authority entered a seventy year
lease with Global Stone Chemstone Corporation (Global). Global owns quarries at Clearbrook,
Middletown, and Strasburg (Please note the ownership of the quarries has subsequently
changed). The lease provides the water from these quarries as a source of supply and transfers
title of the quarries to the Frederick County Sanitation Authority when the mining operations are
complete. The agreement has provided a viable long tern source of water for the County
[Comprehensive Policy Plan, p. 5 -3].
History
A portion of the property for which the rezoning is being requested is included in the study area
for the Third Battle of Winchester. The Rural Landmarks Survey of Frederick County identifies
one historic structure on the site, the Zinn House (Martin Farm), and one adjacent to the site,
Rose Farm. Both these properties are listed as potentially significant properties.
To address the historic preservation policy goal of protecting the historic resources in Frederick
County, The Comprehensive Plan provides that the Historic Resources Advisory Board (HRAB)
review development proposals which potentially impact significant historic resources and that
the HRAB's information and recommendations are forwarded to the Planning Commission and
Board of Supervisors. The recommendation of the HRAB accompanies this report.
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Rezoning #01-11 Carmeuse NA — Clearbrook Rezoning
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Transportation
The Eastern Road Plan of the Comprehensive Policy Plan covers this portion of the County.
The Eastern Road Plan is comprised of the transportation components of the various Area Plans.
The transportation component of the Northeast Land Use Plan identifies the need for an ultimate
six lane improvement for the Route 11 corridor in the vicinity of this project. According to
VDOT, the minimum right -of- -way necessary for this improvement would be 120', or 60' from
the center of the existing right -of -way. The dedication of right -of -way to support the widening
of Route 11 should be addressed.
3) Site Suitability /Environment
The southern property contains environmentally sensitive areas. The applicant has not identified
this in the impact analysis. Under C. Suitability of the site, Environmental Features, it is stated
that the subject parcels contain no known environmental features. Section G. Historical Sites
and Structures, describes that a Phase 11 Archeological Study is being conducted of the area
adjacent to the spring near the historically significant Martin Farmhouse. County mapping and
site observations indicate pond, stream, and wetland features on the property.
Any disturbance of identified environmental resources would occur in conformance with
applicable County, State, and Federal regulations.
The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils
comprising the subject parcels fall under the Oaklet - Carbo- Chilhowie soil association. Multiple
soil types are located on the sites. It is recognized that the limestone deposits that underlie the
properties provide the ideal geological conditions for Extractive Manufacturing use. In addition,
the most productive aquifers in the County are the limestone- carbonate aquifers that are present
in this area.
4) Potential Impacts
Potential Impact Summary.
In evaluating the Carmeuse NA Clearbrook rezoning application it is very important to
recognize that the applicant has not proffered a commitment to the use of the property beyond
those which would be enabled by the EM (Extractive Manufacturing) District. All land uses,
meeting the applicable development standards, would be permitted within the district based
upon the application as submitted. The County is familiar with the operation and practices of
the existing Clearbrook Quarry operation and recognizes that the purpose of the rezoning
request is to enable the expansion of the existing limestone ore extraction operation onto
adjacent properties, utilizing this natural resource. However, lacking a commitment that seeks to
further define the scope of operations, this application should be evaluated carefully and with
the understanding that the use of the properties could be more intensive than that described in
the applicant's impact statement.
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Rezoning 901-11 CanneuseNA — ClearbrookRezoning
July 18, 2011
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Consideration should be given to the maximum possible intensity of EM (Extractive
Manufacturing) use identified in the County's Zoning Ordinance. The impacts associated with
this rezoning request may be more significant and should be understood. The applicant should
be prepared to address the mitigation of the impacts associated with this rezoning request, in
particular, those impacts and issues identified by the reviewing agencies.
Guarantees in the form of proffered conditions have not been offered to ensure that the impacts
generated by this application are limited and consistent with the discussion in the Impact
Statement. The applicant has the ability to address this through the Proffer Statement. When
considering the acreage potential, the dimensional requirements, and the EM District uses, it is
possible that facilities located adjacent to Route 11 could result, as could facilities located
within 50 feet of the adjacent RA zoned property surrounding the site, including Clearbrook
Park. The scope of the impacts could exceed the projections identified and accommodated in the
impact statement and TIA.
Historic Resources
The Frederick County Historic Resources Advisory Board (HRAB) considered the O -N
Minerals (Chemstone) rezoning application during their March 16, 2011 meeting.
The HRAB expressed that they could support the approval of this project if the suggestions
offered as a result of the HRAB meeting are considered by the applicant in order to mitigate
impacts on the historic resources (Please see HRAB letter dated April 1, 2011, signed by
Candice E. Perkins, Senior Planner).
Transportation.
Review of the application indicates that while the applicant contends that overall truck trips on
the public road system will not increase, there is no proffer to support this. While it maybe true
that daily trips are not expected to increase, the fact remains that rezoning of this parcel would
increase the overall impact to our transportation system over time through the enabling of
additional mining activity.
Numerous traffic impact analyses in this area have highlighted the need for improvements and
alignment of Brucetown and Hopewell Road. In addition, the Northeast Land Use Plan calls for
interchange modifications and transportation improvements to support the planned uses for this
area. This includes the area that is proposed for rezoning. Established County policy is that
new or additional development is responsible for implementation of the comprehensive plan
which calls for it. Part of this responsibility is participating in the infrastructure needed to
support development of that comprehensive plan. At this time it does not appear that this
application adequately addresses that responsibility.
The transportation component of the Northeast Land Use Plan identifies the need for an ultimate
six lane improvement for the Route 11 corridor in the vicinity of this project. According to
VDOT, the minimum right -of -way necessary for this improvement would be 120', or 60' from
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Rezoning 901 -11 Carmeusc NA — Clearbrook Rezoning
July 18, 2011
Page 9
the center of the existing right -of -way. The dedication of right -of -way to support the widening
of Route 1 1 should be addressed.
A TIA was not provided for this project. This determination was based upon a development
scenario that has not been proffered. As transportation relates directly to land use it must be
recognized that the Proffer Statement does not place a limitation on development beyond that
permitted by the district. Therefore, the number of vehicle trips, and consequently the impacts,
could be considerably higher than that described with the development of additional EM land
uses.
Mining Operations and Community Impacts
Associated with mining operations is the potential for a variety of impacts that may affect
surrounding properties and land uses. The Division of Mineral Mining of the Virginia
Department of Mines is responsible for permitting mining operations within the State of
Virginia including the operations of Carmeuse at the Clearbrook Quarry.
The EM (Extractive Manufacturing) District of the Frederick County Zoning Ordinance
provides additional local requirements that seek to minimize the impacts associated with
Extractive Manufacturing uses. Provisions and performance standards are provided to protect
surrounding uses from adverse impacts. Appropriate landscaping or screening may be required
by the Zoning Administrator or Planning Commission within any required yard setback area in
order to reasonably protect adjacent uses from noise, sight, dust, or other adverse impacts.
In addition to the potential impacts of the proposed mining operations on the view shed from the
historical perspective, consideration should be given to the visual impacts on the landscape from
the perspective of the adjacent residential landowners and from the perspective of residents and
visitors traveling along Route 11, Martinsburg Pike which borders the proposed mining
operation.
Adjacent properties
The EM (Extractive Manufacturing) district of the County's Zoning Ordinance provides for
additional performance standards which are aimed at protecting surrounding land uses from
adverse impacts. Specifically, the following two standards address excavations
I . (Front Setback). Excavations shall be no closer than one hundred feet
from any road, street, or highway right -of -way.
2. (Side & Rear Setbacks). Excavations shall be no closer than one
hundred feet from any property zoned RA. No excavation shall be located
closer than 200 feet from any dwelling or platted residential subdivision.
Waiver Request
The applicant, Canneuse NA - Clearbrook, is seeking a reduction in the setback requirement for
the EM Extractive Manufacturing District as it applies to their property to allow structures and
excavations to be located closer to the front, side, and rear property lines than is currently
permitted by Ordinance.
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Rezoning #01 -11 Carmeuse NA— Clearbrook Rezoning
July 18, 2011
Page 10
More specifically, Carmeuse NA - Clearbrook, are requesting a waiver to Chapter 165 Zoning,
Article VI Business and Industrial Zoning Districts. The requested waiver is to Part 608 EM
Extractive Manufacturing District, 165- 608.05 Setback and Yard Requirements, particularly
165-608.05(A)(2), 165- 608.05(B)(1) and 165- 608.05(B)(2), to allow the setback requirement be
reduced from 75 feet, 100 feet, and 200 feet, respectively, to 50 feet in all cases.
Through a separate action, the Planning Commission should determine if the applicant has,
through the use of measures such as landscaping or screening, effectively protected the adjacent
properties, including the residential properties and Clearbrook Park, and along Route 11, the
appropriate measure of protection and has not reduced the effectiveness of the buffering and
screening.
If the applicant has not satisfactorily demonstrated the effectiveness of the alternative buffer and
screening to the Planning Commission, the proffer statement incorrectly reflects the current
setback requirements of the Zoning Ordinance.
3) Proffer Statement —Dated February 8, 2011 (Revised July 12, 2011)
A) Allowed Uses:
i. The Proffer Statement states that the Properties shall be developed with
extractive manufacturing land uses pursuant to the approved mining permit. It
should be recognized that the applicant has not proffered a commitment to the
use of the property beyond those which would be enabled by the EM (Extractive
Manufacturing) District. All land uses, meeting the applicable development
standards, would be permitted within the district based upon the application as
submitted. The County is familiar with the operation and practices of the
existing Quarry operations, both here and in Middletown, and recognizes that
the purpose of the rezoning request is to enable the expansion of the existing
limestone ore extraction operation onto adjacent properties, utilizing this natural
resource. However, lacking a commitment that seeks to further define the scope
of operations, this application should be evaluated carefully and with the
understanding that the use of the properties could be more intensive than that
described in the applicant's impact statement.
ii. Please refer to the list of permitted uses and the maximum possible intensity of
EM (Extractive Manufacturing) use identified in the County's Zoning
Ordinance. As noted previously, the Impact Analysis states that the Applicant
has proffered that activities such as asphalt or concrete mixing plants, cement
and lime kilns, and oil and natural gas extraction will be prohibited. The Proffer
Statement does not prohibit such uses, or other EM uses.
Rezoning 401-11 Carmeuse NA — Clearbrook Rezoning
July 18, 2011
Page I I
B) Access Management and Transportation.
i. The applicant contends that overall truck trips on the public road system
will not increase; however, there is no proffer to support this. While it may be
true that daily trips are not expected to increase, the fact remains that rezoning of
this parcel would increase the overall impact to the transportation system.
ii. Numerous traffic impact analyses in this area have highlighted the need
for improvements and alignment of Brucetown and Hopewell Road. In addition,
the Northeast Land Use Plan calls for interchange modifications and
transportation improvements to support the planned uses for this area. At this
time it does not appear that this application adequately addresses the
responsibility to participate in the infrastructure needed to support development
as identified by the comprehensive plan.
iii. The transportation component of the Northeast Land Use Plan identifies
the need for an ultimate six lane improvement for the Route 11 corridor in the
vicinity of this project. The dedication of right -of -way to support the widening
of Route 11 should be addressed.
The Applicant has proffered the provision for the dedication of 20' across the property whenever
a demand is made for the same by Frederick County or VDOT (6.2). Please note that said
dedication would be from within the proposed 50'setback, potentially reducing the buffer along Route
11 to 30'.
C) Site Development:
i.Proffer 2.2 recognizes Exhibit 2 as the document detailing the landscaping,
berming, and excavation activity. The two sections shown on Exhibit 2 place the
pit wall excavations approximately 53 feet from the road right -of -way and
residential lots. This is also the same distance proposed from the County Park.
Please recognize that without a waiver, Exhibit 2 proposes standards which
conflict with the County's Zoning Ordinance.
ii.lnsufficient detail is provided in Proffer 2.2 or Exhibit 2 to accurately define the
amount, size, mix, and spacing of the landscaping. Both Proffer 2.2 and Exhibit
2 relate to each other but do not adequately provide commitments in the
landscaping and benning to guarantee the impacts to the adjacent residential
properties within the existing platted subdivision, the Route 11 corridor, and the
County Park can be adequately mitigated.
iii.Proffer 3.1 addressing Historic Resources does not appear to be a valid proffer
as it makes no commitment to do anything relating to the Martin Farmhouse,
which the Applicant's Phase 1 Archeological Survey identified as having
historical significance. Further clarification and commitment is needed with
Rezoning #01-11 Carmeuse NA — Clearbrook Rezoning
July 18, 2011
Page 12
regards to this issue. The comments provided by the Historic Resources
Advisory Board should be addressed.
The Applicant has addressed this comment by providing a commitment for the adaptive reuse of
the property and the relocation of the berm around the property.
D) Mitigating the he Impact of Development:
i.This application does not address the impacts on Community Facilities.
Particular attention should be provided to Parks and Recreation, and Fire and
Rescue. The Northeast Land Use Plan recognizes the planned development of
capital facilities that would be necessary to support the growth in this area ofthe
County. A new fire and rescue facility in the Clearbrook area is recognized and
is a top priority of the CIP.
ii.A previous rezoning pertaining to the EM district with the same owner
guaranteed to the Frederick County Sanitation Authority rights to the
groundwater resources in accordance with existing agreements between the
applicant and the FCSA. The proffer Statement should provide clarification that
the future use of the property and the development of facilities to support the
utilization of the groundwater resources are enabled by this rezoning request and
Proffer Statement.
STAFF CONCLUSIONS FOR THE 06/15/11 PLANNING COMMISSION MEETING:
The Carmeuse NA - Clearbrook rezoning application addresses some of the goals of the Comprehensive
Plan as described in the staff report. Elements of the rezoning application have been identified that
should be carefully evaluated to ensure they fully address specific components of the Comprehensive
Plan. In addition, the Planning Commission should ensure that the impacts associated with this rezoning
request have been fully addressed by the applicant. The Planning Commission should pay particular
attention to the following:
1. The potential impacts associated with more intensive use of properties.
2. The feeemmendaliens of the llisterie Resources fldviset�y Baard,
3. The potential impacts on adjacent properties.
4. The potential transportation impacts on Route 672 and Route 11
5. The concerns of the reviewing agencies, in particular the County Attorney.
Following the required public hearing, a recommendation regarding this rezoning application to the
Board of Supervisors would be appropriate. The applicant should he prepared to adequately address all
concerns raised by the Planning Commission.
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Rezoning 401 -I1 CanneuseNA — ClearbrookRezoning
July 18, 2011
Page 13
PLANNING COMMISSION SUMMARY AND ACTION OF THE 06/15/11 MEETING
Six citizens from the Stonewall, Back Creek, and Gainesboro Districts, spoke in support of the rezoning. These
citizens included employees of Carmeuse and private enterprises, which depend on Canneuse for their business
and donations. The applicants presented a number of letters of support and a petition signed by 30 Carmeuse
employees. Included were 15 letters of support from neighbors in the Clearbrook/Brucetown area and five letters
of support from adjoining property owners.
The applicant's Area Operations Manager, Mr. James (Jim) Bottom, spoke about the numerous community
meetings held with the residents of Brucetown, Clearbrook, Walters Mill Lane, and the small community across
from the school, along with one -on -one meetings, to determine the concerns of the neighbors. He said issues
ranged from noise, access, railroad crossings, location and type of berms, the historical house, and landscaping
along property boundaries. Mr. Bottom said the proffers were written based upon residents' feedback and all
review agency comments were answered by letter. He talked about communications with the Parks & Recreation
Department to relocate the existing ballfields.
A noise and vibration specialist, hired by the applicant, provided some technical information and an overview of
the results of a noise study conducted. His conclusions concerning the long -term noise condition was that
maximum noise levels would be 62 -65 decibels closest to the berm and as operations move away from the berm,
noise levels will drop due to distance to the mid 50s. He concluded by noting the overall noise impact with the
berm in place would be minimal and will be the same as background noise from I -81 and Route 11.
The applicant's attorney, Mr. Ty Lawson, reviewed the revised proffers with the Commission. His points
included: asphalt and concrete mixing plants were proffered out the angles on either side of the berms were
softened and would include random plantings; and the berm would be moved behind the Martin farmhouse to
preserve historical viewshed. In addition, the Martin farmhouse will be placed into adaptive re-use. With regard
to transportation issues, Mr. Lawson stated that VDOT was satisfied with the proffers offered; therefore, no TIA
was produced. In addition, VDOT did not want any additional entrances on Route 11, which is reflected in their
proffer, and they will continue to access Brucetown Road. No additional right -of -way for future widening of
Route 11 was offered, nor was any contributions toward the realignment ofthe Brucetown /Hopewell intersection.
Planning Commission members asked the applicant about various unresolved issues such as, a date for when the
relocation of the County's convenience center site would have to be moved so there will be ample time to relocate;
the importance of the acquisition of right -of -way for the future widening of Route 1 I as justified by the newly -
adopted Northeast Land Use Plan; a guarantee that Frederick County will have access to the water now and into
the future for its citizens; the potential of supplying several acres in this vicinity for the relocation of a fire and
rescue building; and placing a new commercial entrance on Route 11 and removing the primary access on
Brucetown Road, due to the poor site distance and curvature of Brucetown Road and the conflict it creates with
dump trucks and passenger vehicles. There were also issues raised regarding some discrepancies with the
language in the proffers and corresponding exhibits regarding the desire to see the berm "maintained" at ten feet.
The issue of the close proximity of the pit to adjoining residential properties was also discussed and practices that
could be utilized to be certain that no disruptions occur to adjoining properties or water wells.
Rezoning #01-11 Carmeuse NA — Clearbrook Rezoning
July 18, 2011
Page 14
•
The Planning Commission acted first on the requested waiver. By a majority vote, the Commission tabled the
waiver request for 45 days in order to provide time for the applicant to revise their proffers. 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
The Planning Commission next acted on the rezoning application. By a majority vote, the Commission tabled the
rezoning for 45 days to give the applicant time to address the issues raised by the Commission. The majority vote
was as follows:
YES (TO TABLE REZONING 45 DAYS) Unger, Crosen, Manuel, Oates, Wilmot, Kriz, Triplett, Lemieux,
Mohn
NO: Ambrogi, Thomas, Madagan
ABSTAIN Crockett
0 •
MEMORANDUM
TO: Michael T. Ruddy, Deputy Director
DATE: June 15. 2011
Re: Rezoning Application #01 -1 1 for Cameuse NA- Clearbrook Rezoning
`Our File No. 462.013 "
Enclosed please find the final PowerPoint presentation for the Carmeuse rezoning
on tonight's Planning Commission agenda. For your convenience. I also enclose 20
copies of the presentation for hand -out tonight.
a i
LAWS ®N AND SILEK P.L.C.
120 EXETER DRIVE, SUITE 200
POST OFFICE BOX 2740
WINCHESTER, VA 27604
TELEPHONE: (540) 665 -0050
FACSIMILE: (540) 722-4051
June 7, 2011
Michael T. Ruddy, Deputy Director
Planning and Development
County of Frederick
107 North Kent Street, 2 " Floor
Winchester, VA 22601
THOMAS MOORE LAWSON • TLAWSONrq!ISPLC.COM
Re: Rezoning Application #01 -11 for Cameuse NA- Clearbrook Rezoning
Our File No. 462.013
VIA E -MAIL AND FACSIMILE
Dear Mike:
As you know, the above - referenced rezoning request is scheduled to be heard at the June
15, 2011 Planning Commission meeting. In preparing for this meeting, it has come to my
attention that the meeting Agenda states Carmeuse is requesting that 55.2 acres be rezoned from
RA to EM. The Notification of Public Hearing, Staff Report, and advertisement published in the
June I" edition of The Winchester Star all correctly note a rezoning request of 92 +/- acres. I
mention this in case you want to revise the Planning Commission Agenda.
Thank you for your assistance and cooperation.
Very truly yo
Lawson
TML:atd
cc: Cammeuse Lime & Stone
FROM ROYAL ADDRE :POSTOEEICB BOX 6D2,FRO.tt ROYA4VIRGINIA226 3,T£LPRohE:(5401635- 961$• FACSIAD LE: (S 60) 63 5 -9621•LM.VL: AILEK(u_}IAWEONANDEII.EKCOM
PAIRPA%ADpRL1 =: 10805 MAW STREBT.SNTB 20RFAIR FAK, VIRGINIA2203, TELEAIONG(703) 25L2615•FACSMIIE:(703)35241%•Fi IL:INOMMOLAWEON(dWREWN.NET
9 i
REZONING APPLICATION 401 -11
CARIVIEUSE NA — CLEARBROOK REZONING
Staff Report for the Planning Commission
Prepared: May 31, 2011
Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director
Reviewed Action
Planning Commission: 06/15/11 Pending
Board of Supervisors: 07/27/11 Pending
PROPOSAL To rezone 92 acres from RA (Rural Areas) District to EM (Extractive Manufacturing)
District, with proffers.
LOCATION The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180
Martinsburg Pike, are located on the east side of Route 11 between the intersections of Brucetown Road
(Route 672) and Walters Mill Lane (Route 836).
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 06/15/11 PLANNING
COMMISSION MEETING:
The Carmeuse NA - Clearbrook rezoning application addresses some of the goals of the Comprehensive
Plan as described in the staff report. Elements of the rezoning application have been identified that
should be carefully evaluated to ensure they fully address specific components of the Comprehensive
Plan. In addition, the Planning Commission should ensure that the impacts associated with this rezoning
request have been fully addressed by the applicant. The Planning Commission should pay particular
attention to the following:
1. The Potential impacts associated with more intensive use of properties.
2. The recommendations of the Historic Resources Advisory Board.
3.
The potential impacts on adjacent properties.
4. The potential transportation impacts on Route 672 and Route 11.
5. The concerns of the reviewing agencies, in particular the County Attorney.
Following the required public hearine, a recommendation reeardine 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.
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Rezoning #01 -11 Carmeuse NA — Clearbrook Rezoning
May 31, 2011
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.
Reviewed Action
Planning Commission: 06/15/11 Pending
Board of Supervisors: 07/27/11 Pending
PROPOSAL To rezone 92 acres from RA (Rural Areas) District to EM (Extractive Manufacturing)
District, with proffers.
LOCATION 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).
MAGISTERIAL DISTRICT Stonewall
PROPERTY ID NUMBERS 44 -A -83, 44 -A -83A and 33 -A -144 (portion of (see exhibit))
PROPERTY ZONING RA (Rural Areas) District
PRESENT USE Vacant/Agricultural /Residential /Park
ADJOINING PROPERTY ZONING & PRESENT USE
North:
RA (Rural Areas)
Use:
Clearbrook Park
South:
RA (Rural Areas)
Use:
Residential /Agricultural
East:
EM (Extractive Manufacturing
Use:
Quarry
West:
RA (Rural Areas)
Use:
School /Residential/Vacant/Fairgrounds
Rezoning 401-11 CarmeuseNA — ClearbrookRezoning
May 31, 2011
Page 3
REVIEW EVALUATIONS:
Vireinia Dept. of Transportation: The documentation within the application to rezone this property
appears to have little measurable impact on Route 672. This route is the VDOT roadway which has
been considered as the access to the property. VDOT is satisfied that the transportation proffers offered
in the Carmeuse Lime & Stone Rezoning Application dated February, 2011, address transportation
concerns associated with this request. Before development, this office will require a complete set of
construction plans detailing entrance designs, drainage features and traffic flow data from the I.T.E.
Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right -
of -way needs, including right -of -way dedications, traffic signalization, and off -site roadway
improvements and drainage. Any work performed on the State's right -of -way must be covered under a
land use permit. This permit is issued by this office and requires an inspection fee and surety bond
coverage.
Fire Marshal Plans approved.
Clearbrook Volunteer Fire Co., Inc. — Follow Frederick County Fire & Rescue recommendations.
Public Works Department: 1. Refer to Site and Land Use History, page 3: The discussion references
the quarry company's attempts to meet with adjacent residents to address concerns to insure minimal
impact to the surrounding community. This discussion should be expanded to include the measures that
will be employed to remediate the impacts of the open pit mining operations on the ten single family
residents located along Route 11. In particular, we anticipate the impacts from the mining operations
will include dust, noise, lower groundwater levels and possible damage to building structures. 2. Refer
to Soils /Geology, page 4: Expand the discussion to include a description of the actual geological
formations that will be impacted and extracted by the proposed mining operations. 3. Refer to Solid
Waste Disposal, page 5: The proposed rezoning incorporates property that is currently leased by
Frederick County for use as a citizens' refuse disposal site. Frederick County signed a lease with O -N
Minerals to use this property which is located immediately east of the park's ball field. The lease
included an initial ten year time frame with two, five year renewals. At the time the lease was executed,
representatives from O -N Minerals indicated that they anticipated underground mining to remove the
high calcium limestone. Based on the proposed rezoning, we understand that Carmeuse NA plans to
continue the current open pit approach. Nevertheless, considering the investment that Frederick County
has made to this site to accommodate citizen refuse, we would appreciate the continued use of this site
until at least 2024. if this request fits within the proposed development time frame of the quarry
operations, we would appreciate that it be included in the proffer statement.
Department of Inspections:
Sanitation Authority: No comments.
Service Authority:
Frederick - Winchester Health Department Health Department has no objection to the request so
long as no existing or proposed drainfields and wells are negatively impacted.
0 •
Rezoning #01-11 CarineuseNA— ClearbrookRezoning
May 31, 2011
Page 4
Historic Resources Advisory Board Please see attached letter datedApril 1, 2011, fi^om Candice E.
Perkins, AICP, Senior Planner.
Department of Parks & Recreation No comment.
Winchester Regional Airport: We have completed a review of the proposed rezoning application and
determined the rezoning should not impact operations of the Winchester Regional Airport.
Frederick Countv Public Schools Please see attached letter dated April 18, 2011, from K. Wayne
Lee, Jr., Coordinator of Planning and Development.
Frederick County Attornev: Please see attached letter dated April 10, 2011, from Roderick B.
Williams, County Attorney.
Planning Department: Please see attached Memorandum dated April 15, 2011, from Michael T
Ruddy, AICP, Deputy Planning Director.
Planning & Zoning:
1) Site History
The original Frederick County zoning map (U.S.G.S. Inwood /Stephenson Quadrangles) identify
the subject parcels as being zoned A -2 (Agricultural General). The County's agricultural zoning
districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an
amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding
revision of the zoning map resulted in the re- mapping of the subject property and all other A -1
and A -2 zoned land to the RA District.
The balance of parcel 33 -A -144 not zoned RA was zoned EM during the County's
comprehensive downzoning RZ #t 3 -80 completed in 1980. The most recent rezoning from RA
to EM in the vicinity of this property occurred with RZ 9010 -98 when W.S. Frey rezoned 31.74
acres at the southern end of their property. Numerous adjustments to the boundaries of the
parcels in this area have occurred in recent years.
The applicant has provided a plat which depicts a zoning boundary within parcel 33 -A -144.
This line appears to accurately reflect the existing boundary of the EM zoned land. The County
agrees that the location identified on the plat resolves any ambiguity as to the zoning boundary.
2) Comprehensive Policv Plan
The Frederick County Comprehensive Policy 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 primary goal of this plan is to
protect and improve the living environment within Frederick County. It is in essence a
composition of policies used to plan for the future physical development of Frederick County.
(2007 Comprehensive Policy Plan, p. 1 -11
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Rezoning #01 -11 Carmeuse NA — Clearbrook Rezoning
May 31, 2011
Page 5
Land Use.
The 2007 Comprehensive Policy Plan and the Northeast Frederick Land Use Plan provide
guidance on the future development of the property. The property is located within the S W SA.
The Comprehensive Policy Plan identifies the general area surrounding this property with an
industrial land use designation. In general, the proposed Extractive Manufacturing (EM) land
use designation for this property is consistent with this industrial land use designation of the
Comprehensive Plan. This consistency was confirmed during the approval process for the
adopted Northeast Land Use Plan in 2010.
The Draft 2030 Comprehensive Plan includes the Northeast Land Use Plan as an approved Area
Plan in Appendix I. Therefore, the proposed Comprehensive Plan would continue to recognize
the properties consistency with the Comprehensive Plan from a land use perspective.
Site Access.
The impact statement and proffer statement describe that public road access will be provided to
the rezoned parcel and that all traffic will continue to use the existing quarry entrance on
Brucetown Road, Route 672. Access by vehicles needed for periodic maintenance of the
properties shall not be limited.
Environment
Issues concerning water quality, quantity, use, and protection of water resources are directly
related to land development activities. Water supplies are needed to support development, while
surface and groundwater are potentially affected by development activities [Comprehensive
Policy Plan, p. 5 -3].
Major sources of water used in the County are groundwater and the North Fork of the
Shenandoah River. In 2000, the Frederick County Sanitation Authority entered a seventy year
lease with Global Stone Chemstone Corporation (Global). Global owns quarries at Clearbrook,
Middletown, and Strasburg. (Please note the ownership of the quarries has subsequently
changed). The lease provides the water from these quarries as a source of supply and transfers
title of the quarries to the Frederick County Sanitation Authority when the mining operations are
complete. The agreement has provided a viable long term source of water for the County
[Comprehensive Policy Plan, p. 5 -3].
History
A portion of the property for which the rezoning is being requested is included in the study area
for the Third Battle of Winchester. The Rural Landmarks Survey of Frederick County identifies
one historic structure on the site, the Zinn House (Martin Farm), and one adjacent to the site,
Rose Farm. Both these properties are listed as potentially significant properties.
To address the historic preservation policy goal of protecting the historic resources in Frederick
County, The Comprehensive Plan provides that the Historic Resources Advisory Board (HRAB)
review development proposals which potentially impact significant historic resources and that
the HRAB's information and recommendations are forwarded to the Planning Commission and
Board of Supervisors. The recommendation of the HRAB accompanies this report.
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Rezoning #01 -11 Canneuse NA— Clearbrook Rezoning
May 31, 2011
Page 6
Transportation
The Eastern Road Plan of the Comprehensive Policy Plan covers this portion of the County.
The Eastern Road Plan is comprised of the transportation components of the various Area Plans.
The transportation component of the Northeast Land Use Plan identifies the need for an ultimate
six lane improvement for the Route I 1 corridor in the vicinity of this project. According to
VDOT, the minimum right -of -way necessary for this improvement would be 120', or 60' from
the center of the existing right -of -way. The dedication of right -of -way to support the widening
of Route I 1 should be addressed.
3) Site Suitability /Environment
The southern property contains environmentally sensitive areas. The applicant has not identified
this in the impact analysis. Under C. Suitability of the site, Environmental Features, it is stated
that the subject parcels contain no known environmental features. Section G. Historical Sites
and Structures, describes that a Phase II Archeological Study is being conducted of the area
adjacent to the spring near the historically significant Martin Farmhouse. County mapping and
site observations indicate pond, stream, and wetland features on the property.
Any disturbance of identified environmental resources would occur in conformance with
applicable County, State, and Federal regulations.
The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils
comprising the subject parcels fall under the Oaklet- Carbo - Chilhowie soil association. Multiple
soil types are located on the sites. It is recognized that the limestone deposits that underlie the
properties provide the ideal geological conditions for Extractive Manufacturing use. In addition,
the most productive aquifers in the County are the limestone- carbonate aquifers that are present
in this area.
4) Potential Impacts
Potential Impact Summary.
In evaluating the Carmeuse NA Clearbrook rezoning application it is very important to
recognize that the applicant has not proffered a commitment to the use of the property beyond
those which would be enabled by the EM (Extractive Manufacturing) District. All land uses,
meeting the applicable development standards, would be permitted within the district based
upon the application as submitted. The County is familiar with the operation and practices of
the existing Clearbrook Quarry operation and recognizes that the purpose of the rezoning
request is to enable the expansion of the existing limestone ore extraction operation onto
adjacent properties, utilizing this natural resource. However, lacking a commitment that seeks to
further define the scope of operations, this application should be evaluated carefully and with
the understanding that the use of the properties could be more intensive than that described in
the applicant's impact statement.
0 •
Rezoning #01 -11 Carmeuse NA — Clearbrook Rezoning
May 31, 2011
Page 7
Consideration should be given to the maximum possible intensity of EM (Extractive
Manufacturing) use identified in the County's Zoning Ordinance. The impacts associated with
this rezoning request may be more significant and should be understood. The applicant should
be prepared to address the mitigation of the impacts associated with this rezoning request, in
particular, those impacts and issues identified by the reviewing agencies.
Guarantees in the form of proffered conditions have not been offered to ensure that the impacts
generated by this application are limited and consistent with the discussion in the Impact
Statement. The applicant has the ability to address this through the Proffer Statement. When
considering the acreage potential, the dimensional requirements, and the EM District uses, it is
possible that facilities located adjacent to Route 11 could result, as could facilities located
within 50 feet of the adjacent RA zoned property surrounding the site, including Clearbrook
Park. The scope of the impacts could exceed the projections identified and accommodated in the
impact statement and TIA.
Historic Resources
The Frederick County Historic Resources Advisory Board (HRAB) considered the O -N
Minerals (Chemstone) rezoning application during their March 16, 2011 meeting.
The HRAB expressed that they could support the approval of this project if the suggestions
offered as a result of the HRAB meeting are considered by the applicant in order to mitigate
impacts on the historic resources (Please see HPAB letter dated April 1, 2011, signed by
Candice E. Perkins, Senior Planner).
Transportation.
Review of the application indicates that while the applicant contends that overall truck trips on
the public road system will not increase, there is no proffer to support this. While it may be true
that daily trips are not expected to increase, the fact remains that rezoning of this parcel would
increase the overall impact to our transportation system over time through the enabling of
additional mining activity.
Numerous traffic impact analyses in this area have highlighted the need for improvements and
alignment of Brucetown and Hopewell Road. In addition, the Northeast Land Use Plan calls for
interchange modifications and transportation improvements to support the planned uses for this
area. This includes the area that is proposed for rezoning. Established County policy is that
new or additional development is responsible for implementation of the comprehensive plan
which calls for it. Part of this responsibility is participating in the infrastructure needed to
support development of that comprehensive plan. At this time it does not appear that this
application adequately addresses that responsibility.
The transportation component of the Northeast Land Use Plan identifies the need for an ultimate
six lane improvement for the Route 11 corridor in the vicinity of this project. According to
VDOT, the minimum right -of -way necessary for this improvement would be 120', or 60' from
0 •
Rezoning #01 -1 l Carmeuse NA — Clearbrook Rezoning
May 31, 2011
Page 8
the center of the existing right -of -way. The dedication of right -of -way to support the widening
of Route 11 should be addressed.
A TIA was not provided for this project. This determination was based upon a development
scenario that has not been proffered. As transportation relates directly to land use it must be
recognized that the Proffer Statement does not place a limitation on development beyond that
permitted by the district. Therefore, the number of vehicle trips, and consequently the impacts,
could be considerably higher than that described with the development of additional EM land
uses.
Mining Operations and Community Impacts
Associated with mining operations is the potential for a variety of impacts that may affect
surrounding properties and land uses. The Division of Mineral Mining of the Virginia
Department of Mines is responsible for permitting mining operations within the State of
Virginia including the operations of Carmeuse at the Clearbrook Quarry.
The EM (Extractive Manufacturing) District of the Frederick County Zoning Ordinance
provides additional local requirements that seek to minimize the impacts associated with
Extractive Manufacturing uses. Provisions and performance standards are provided to protect
surrounding uses from adverse impacts. Appropriate landscaping or screening may be required
by the Zoning Administrator or Planning Commission within any required yard setback area in
order to reasonably protect adjacent uses from noise, sight, dust, or other adverse impacts.
In addition to the potential impacts of the proposed mining operations on the view shed from the
historical perspective, consideration should be given to the visual impacts on the landscape from
the perspective of the adjacent residential landowners and from the perspective of residents and
visitors traveling along Route 11, Martinsburg Pike which borders the proposed mining
operation.
Adjacent properties
The EM (Extractive Manufacturing) district of the County's Zoning Ordinance provides for
additional performance standards which are aimed at protecting surrounding land uses from
adverse impacts. Specifically, the following two standards address excavations;
1. (Front Setback). Excavations shall be no closer than one hundred feet
from any road, street, or highway right -of -way.
2. (Side & Rear Setbacks). Excavations shall be no closer than one
hundred feet from any property zoned RA. No excavation shall be located
closer than 200 feet from any dwelling or platted residential subdivision.
Waiver Request
The applicant, Carmeuse NA - Clearbrook, is seeking a reduction in the setback requirement for
the EM Extractive Manufacturing District as it applies to their property to allow structures and
excavations to be located closer to the front, side, and rear property lines than is currently
permitted by Ordinance.
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Rezoning #01 -11 Carmeuse NA — Clearbrook Rezoning
May 31, 2011
Page 9
More specifically, Carmeuse NA - Clearbrook, are requesting a waiver to Chapter 165 Zoning,
Article VI Business and Industrial Zoning Districts. The requested waiver is to Part 608 EM
Extractive Manufacturing District, 165- 608.05 Setback and Yard Requirements, particularly
165- 608.05(A)(2),165- 608.05(B)(1) and 165- 608.05(B)(2), to allow the setback requirement be
reduced from 75 feet, 100 feet, and 200 feet, respectively, to 50 feet in all cases.
Through a separate action, the Planning Commission should determine if the applicant has,
through the use of measures such as landscaping or screening, effectively protected the adjacent
properties, including the residential properties and Clearbrook Park, and along Route 11, the
appropriate measure of protection and has not reduced the effectiveness of the buffering and
screening.
If the applicant has not satisfactorily demonstrated the effectiveness of the alternative buffer and
screening to the Planning Commission, the proffer statement incorrectly reflects the current
setback requirements of the Zoning Ordinance.
3) Proffer Statement — Dated February 8, 2011.
A) Allowed Uses:
i. The Proffer Statement states that the Properties shall be developed with
extractive manufacturing land uses pursuant to the approved mining permit. It
should be recognized that the applicant has not proffered a commitment to the
use of the property beyond those which would be enabled by the EM (Extractive
Manufacturing) District. All land uses, meeting the applicable development
standards, would be permitted within the district based upon the application as
submitted. The County is familiar with the operation and practices of the
existing Quarry operations, both here and in Middletown, and recognizes that
the purpose of the rezoning request is to enable the expansion of the existing
limestone ore extraction operation onto adjacent properties, utilizing this natural
resource. However, lacking a commitment that seeks to further define the scope
of operations, this application should be evaluated carefully and with the
understanding that the use of the properties could be more intensive than that
described in the applicant's impact statement.
ii. Please refer to the list of permitted uses and the maximum possible intensity of
EM (Extractive Manufacturing) use identified in the County's Zoning
Ordinance. As noted previously, the Impact Analysis states that the Applicant
has proffered that activities such as asphalt or concrete mixing plants, cement
and lime kilns, and oil and natural gas extraction will be prohibited. The Proffer
Statement does not prohibit such uses, or other EM uses.
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Rezoning 401-11 CarmeuseNA — ClearbrookRezoning
May 31, 2011
Page 10
B) Access Management and Transportation.
i. The applicant contends that overall truck trips on the public road system
will not increase; however, there is no proffer to support this. While it may be
true that daily trips are not expected to increase, the fact remains that rezoning of
this parcel would increase the overall impact to the transportation system.
ii. Numerous traffic impact analyses in this area have highlighted the need
for improvements and alignment of Brucetown and Hopewell Road. In addition,
the Northeast Land Use Plan calls for interchange modifications and
transportation improvements to support the planned uses for this area. At this
time it does not appear that this application adequately addresses the
responsibility to participate in the infrastructure needed to support development
as identified by the comprehensive plan.
iii. The transportation component of the Northeast Land Use Plan identifies
the need for an ultimate six lane improvement for the Route I 1 corridor in the
vicinity of this project. The dedication of right -of -way to support the widening
of Route 11 should be addressed.
C) Site Development:
i.Proffer 2.2 recognizes Exhibit 2 as the document detailing the landscaping,
berming, and excavation activity. The two sections shown on Exhibit 2 place the
pit wall excavations approximately 53 feet from the road right -of -way and
residential lots. This is also the same distance proposed from the County Park.
Please recognize that without a waiver, Exhibit 2 proposes standards which
conflict with the County's Zoning Ordinance.
ii.Insufficient detail is provided in Proffer 2.2 or Exhibit 2 to accurately define the
amount, size, mix, and spacing of the landscaping. Both Proffer 2.2 and Exhibit
2 relate to each other but do not adequately provide commitments in the
landscaping and berming to guarantee the impacts to the adjacent residential
properties within the existing platted subdivision, the Route 11 corridor, and the
County Park can be adequately mitigated.
iii.Proffer 3.1 addressing Historic Resources does not appear to be a valid proffer
as it makes no commitment to do anything relating to the Martin Farmhouse,
which the Applicant's Phase 1 Archeological Survey identified as having
historical significance. Further clarification and commitment is needed with
regards to this issue. The comments provided by the Historic Resources
Advisory Board should be addressed.
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Rezoning #01 -11 Carmeuse NA — Clearbrook Rezoning
May 31, 2011
Page 11
D) Mitigating the Impact of Development:
i.This application does not address the impacts on Community Facilities.
Particular attention should be provided to Parks and Recreation and Fire and
Rescue. The Northeast Land Use Plan recognizes the planned development of
capital facilities that would be necessary to support the growth in this area of the
County. A new fire and rescue facility in the Clearbrook area is recognized and
is a top priority of the CIP.
ii.A previous rezoning pertaining to the EM district with the same owner
guaranteed to the Frederick County Sanitation Authority rights to the
groundwater resources in accordance with existing agreements between the
applicant and the FCSA. The proffer Statement should provide clarification that
the future use of the property and the development of facilities to support the
utilization of the groundwater resources are enabled by this rezoning request and
Proffer Statement.
STAFF CONCLUSIONS FOR THE 06/15/11 PLANNING COMMISSION MEETING:
The Carmeuse NA - Clearbrook rezoning application addresses some of the goals of the Comprehensive
Plan as described in the staff report. Elements of the rezoning application have been identified that
should be carefully evaluated to ensure they fully address specific components of the Comprehensive
Plan. In addition, the Planning Commission should ensure that the impacts associated with this rezoning
request have been fully addressed by the applicant. The Planning Commission should pay particular
attention to the following:
1. The Potential impacts associated with more intensive use of properties.
2. The recommendations of the Historic Resources Advisory Board.
3. The potential impacts on adjacent properties.
4. The potential transportation impacts on Route 672 and Route 11.
5. The concerns of the reviewing agencies, in particular the County Attorney.
Followin the required public hearing-, a recommendation reg-arding 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.
Carmeuse NA
Clearbrook, VA
,
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Oise & vibration
Acoustical Engineering Solutions
Specific Levels of Common Noises (dBA)*
85 Bulldozer
80 Hair Dryer, Whistling Kettle
Tractor Trailer on Rte 11, 75' from edge
75 of Pavement
Loud Dishwasher /Washing Machine
70 TV, Vacuum Cleaner
65 Normal Conversation (3 ft,
Noise from Clear Brook Mining w/ Berm
60
55
dBA
Common Noise Sources
Refrigerator
130
Threshold of Pain
40
125
Chainsaw (3 ft)
120
Jet Aircraft Take Off (100 ft)
25
Hammer on Nail (3 ft)
Concert Hall
115
Carmeuse
110
Power Saw (3 ft)
Noise
105
Analysis
100
Car Horn (10 ft)
Color
95
Garbage Disposer (3 ft)
Legend
90
Tractor, Lawn Mower (3 ft)
85 Bulldozer
80 Hair Dryer, Whistling Kettle
Tractor Trailer on Rte 11, 75' from edge
75 of Pavement
Loud Dishwasher /Washing Machine
70 TV, Vacuum Cleaner
65 Normal Conversation (3 ft,
Noise from Clear Brook Mining w/ Berm
60
55
Clear Brook Residence Background
Noise, 75' from Rte 11
Quiet Dishwasher/Washing Machine
50
Refrigerator
45
40
35
30
Soft Whisper (2 ft)
25
20
Concert Hall
"This dedbel level information has been exrnrated from the LHH (LLH.arg) and ❑ear Brook site measurements.
"'"
Route 11
— —
— — —
LI
�— Noise Source
Cam Buse Property Line
Existing Home
s
■
Noise Level Contours
85 cMA
80 dBA
75 dBA
70 dBA
65 d8A
'0ENI Cameuse special Exception
Noise Analysis
A Berm Construction (Dozer)
cneintinseourt suite 1 w DWG. NO,2 DATE: 28 Aprl 201
Freeeecn, MO21703 DT
NTS DRAWN BY: J" JOY - 046-422!
Route 11
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Proposed Berm
Noise Source
Carmeuse Property Line
Existing Home
Noise Level Contours V
85 dBA C
80 dBA
75 dBA Y
70 dBA
65 dBA ,
Loader �— t
O
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Note: Equipment is operating on a lift 10 feet below the berm base elevation.
Cameuse Special Exception
N oise A
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iii... R... ,.
cnai,mans Coun Wi. 1r7 DWG. N04 GATE: 28April 201'
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