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HomeMy WebLinkAbout01-11 CommentsFREDERICK COUN W P.O. Box 1877 Winchester, VA 22fA4-8377 ROBERT P. MOW ERY, C.P.A., Chairman JOHNS STEVENS, Vice- Chairnnan RICHARD A. RUCKMAN, P.E., Sec- ireawrer J. STANLEY CROCKETT WALTER C. CUNNINGHAM June 1, 2011 Mr. Mike Ruddy Frederick County Department of Planning & Development 107 N. Kent Street Winchester, Virginia 22601 Ref: Rezoning Application for Carmeuse, Clearbrook Location Dear Mr. Ruddy AN 2 2 011 '] J e F Wenadel P F �n�vneer- "Direcmry ' ��' L, Ph. — (540) 868 -1061 Fax — (540) 868 -1429 The Frederick County Sanitation Authority, in accordance with existing agreements between the Applicant and the Authority, has constructed and presently operates the Anderson Water Treatment Plant, two wells and other improvements on the Applicant's properties. The aforementioned improvements are necessary for the residents of Frederick County who depend on the Authority for water services. The Plant, wells and related improvements are not referred to in the Applicant's Rezoning Application Materials. Further, such Rezoning Application Materials do not refer to the Applicant's guarantee to the Authority of the rights to the water resources available on the Applicant's properties, including the Authority's use of the water - containing quarry pits located on the properties as water reservoirs at the time of cessation of the Applicant's mining activities on the properties, all in accordance with the existing agreements between the Applicant and the Authority. In order for the Authority to support this rezoning request, the Applicant must assure the continuation of the Authority's access to and use of the plant, wells and related improvement on the Applicant's properties and the Authority's rights to the water resources, including the water - containing quarry pits, pursuant to the existing agreements between the Applicant and the Authority. Should any further discussions be needed, please feel free to contact me. Very truly * U we Weindel, PE Engineer- Director cc.: Mr. Ron Mislowsky, PE, PFIR &A WATER AT YOUR SERVICE COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 April 1, 2011 Mr. Ron Mislowsky Patton Harris Rust & Associates, PC 117 E. Piccadilly Street, Suite 200 Winchester, Virginia 2260i RE: Application Requesting a Rezoning of 92 Acres from RA to EM (Extractive Manufacturing) for Carmeuse Clearbrook Property Identification Numbers (PINS): 44 -A -83, 44- A -83A, 33 -A -144 Current Zoning District: RA (Rural Area) Dear Mr. Mislowsky: The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced rezoning proposal during their meeting on March 16, 2011. The HRAB reviewed information associated with the 1992 National Park Service Study of Civil War Sites in the Shenandoah Valley, the Frederick County Rural Landmarks Survey Report, the Virginia Department of Historic Resources, as well as information provided and Patton Harris Rust & Associates, PC. The proposal seeks to rezone three parcels of land that total 92 acres from RA (Rural Areas) District to the EM (Extractive Manufacturing) District. The properties are located between the intersections of Route 11 with Brucetown. Road and with Walters Mill Lane (508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg Pike). Historic Resources Advisory Board Concerns The Study of Civil War Sites in the Shenandoah Valley, published by the National Park Service, shows that a portion of the subject site is included in the study area of the Third Battle of Winchester. The Rural Landmarks Survey Report for Frederick County Virginia identifies one historic structure located on the site (44 -A -83) and.one historic structure located adjacent to the subject site. Both of these properties are potentially significant. The sites that are listed in the survey are: e Zinn House ( #34 -114) (Martin Farmhouse — located on the property) o Rose Farm ( #34 -717) 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 • t Mr. Ron Mislowsky Re: Rezoning of 92 Acres from RA to EM Carmeuse Clearbrook April 1, 2011 Page 2 After reviewing this information and the applicant's materials and proposals, the Historic Resource Advisory Board (HRAB) recommended that the Carmeuse Clearbrook Rezoning Application addresses the following: • Proffer 3.1 should be revised to ensure that the Zinn House will be preserved and protected (removal of the "intention" language). • The Zinn House has barns and outbuildings associated with the farm house and these features are typically contributing features for the complex. The applicant should proffer to preserve and protect these buildings in addition to the Zinn House. The applicant should complete an application for the National Register of Historic Places for Zinn House property to determine if it is eligible for the Register. • The proffered berm should be relocated around the Zinn House to ensure that it does not block the historic property from Route 11 (see attachment). The berm should also be a rolling /contorted berm. Please contact me with any questions concerning these comments from the HRAB. Sincerely, Candice Perkins, AICP Senior Planner CEP /bad cc: Rhoda Kriz, HRAB Chair n sSf N_n SEC B X W SCREENING_BERM_SEC Sage. 1` 20 w z 0 W y wcu c v � O m Q k w W 5 E Z U S � E Z o • I i i lIql PROPOSED SCREENING SCALE: T -�' ° ,AFre erick County Pub is Schools ... to ensure all students an excellent education K. Wayne Lee, Jr.. Coordinator of Planning and Development . leevv@frederick.kl2.va,us April 18, 2011 Mr. Ronald A. Mislowski Patton Harris Rust & Associates 117 East Piccadilly Street Winchester. VA 22601 Re: Carmeuse NA — Clearbrook Rezoning Dear Ron, Frederick County Public Schools has reviewed the Carmeuse Lime and Stone rezoning application submitted to us on March 1, 2011. We have strong concerns regarding this application. We understand that the Virginia Department of Mines, Minerals, and Energy is responsible for regulating quarry operations and quarry safety, and that Frederick County does not have a role in this regulation. We do not wish to make comments in this vein. Instead, it is our duty to express our concerns over factors from the quarry operations that could impact the quality of the educational experience at Stonewall Elementary School, students' safety, and students' health; to ask that Carmeuse Lime & Stone take every cautionary step to prevent these impacts; and to ask that Carmeuse Lime & Stone be prepared to mitigate without delay impacts on us. Factors that concern us include the danger of quarry wall collapse, damage caused by vibrations and flying debris from blasting, potentially asbestos - containing dust, and the noise from blasting and equipment. The proximity of the quarry to Route 11 and Stonewall Elementary School magnifies the risk from these factors. We offer the following comments: Regarding quarry wall collapse, we are aware that measures are taken to avoid such incidents. However, they can and do happen. Have core samples been taken to determine where collapses are more likely, and how these collapses can be avoided? If the quarry is located as shown on the screening berm section drawing, a significant collapse 50 feet from Route 11 just across from Stonewall Elementary School could have significant negative impacts on us, including loss of ingress and egress. 2. Regarding damage from blasting, we are aware that measures are taken to avoid as many such impacts as is humanly possible. Is money allocated to an escrow account to pay for damages from blasting when they do occur? What is the plan of action if Stonewall Elementary School is damaged or cannot be fully occupied as a result of blasting damage? 1415 Amherst Street www.frederick.kl2va,us 540- 662 -3889 Ext. 88249 P.O. Box 3508 540 - 662-4237 fax Winchester, Virginia 22604 -2546 • i Regarding dust, we note in your proffer statement that you will control the dust with wet suppression or equivalent. We are aware that the prevailing winds send dust away from us most of the time. Unfortunately, winds shift and dust control measures are not always effective. To make matters worse, we have read information indicating that respiratory tract ailments can result from inhaling quarry dust and that limestone formations can contain asbestos. This information further indicates that children who already have respiratory ailments or otherwise weakened resistance are most especially susceptible to quarry dust. Does this quarry contain asbestos? What tests are available to confirm this? We also note in the proffer statement that you propose remediation of adverse impacts to surrounding properties caused by dust. Does this remediation include respiratory illnesses? 4. Regarding noise, the closer the quarry comes to the school, the more impact the noise from operations will have. We acknowledge that this will impact students who are outside fr PE and recess more than those inside. What steps will Carmcuse take to maintain noise at acceptable levels during the school day? Is there a generally agreed upon definition of acceptable noise levels? The greater the distance operations will be from SWES, the less significant all impacts will be. We note in your impact analysis statement that you intend to use only 60% of the proposed rezoning area. This statement does not match the screening berm section drawing that shows 95% use of the property or greater, with quarry walls 50 feet from the Route 11 right -of -way boundary. We would instead prefer a drawing that matches your impact analysis statement. 6. Does DMME regulate the distance that the quarry wall can be from a primary road? An emergency route? 7. Does DMME regulate the steepness and height of quarry walls and benching? Does DMME require slope stability analyses? 8. Does DMME regulate dust control? 9. Does DMME regulate noise levels? 10. Does DMME regulate the distance that the quarry wall can be from a school? 11. The Extractive Manufacturing District permits several uses besides quarries. Many of these uses, if positioned on the portion of the property near to and with access to Route 11, could have an impact on pupil transportation and our school day at Stonewall Elementary School. For instance, the intense odors from an asphalt batch plant would be quite disruptive. The noise and dust from a stone crushing operation could be overwhelming at times, especially during PE and recess. Caustic dust from a lime manufacturing facility could be dangerous. In your impact analysis statement, you say that several uses are proffered off. However, we cannot find such waivers in the proffer statement. LI 0 Frederick County Public Schools has an interest in all land development applications. Capital expenditures, annual operating costs, and day -to -day operations can all be impacted by development. Should you have questions about the comments above, please contact me at 540- 662 -3889 x88249 or leewna frederick.kl2.va.us Sincerely, K. Wayne Lee, Jr. Coordinator of Planning and Development Cc: Patricia Taylor, Superintendent of Schools Al Orndorff, Assistant Superintendent for Administration Chuck Puglisi, Director of Transportation Darren Thomas, Principal, Stonewall Elementary School Mike Ruddy, Deputy Director, Frederick County Department of Planning and Development 0 • COUNTY of FREDERICK Roderick B. Williams County Attorney 540/722 -8383 Fax 540/667 -0370 E -mail: rwillia@co.frederick.va.us April 10, 2011 VIA FACSIMILE — (540) 665 -0493 —AND REGULAR MAIL Ron Mislowski, P.E. 117 East Piccadilly Street Winchester, Virginia 22601 Re: Rezoning Application, Parcel Numbers 44 -A -83, 44- A -83A, and 33 -A -144, O -N Minerals (Chemstone) Company Property — Proffer Statement dated February 8, 2011 Dear Ron: You have submitted to Frederick County for review a proposed proffer statement dated February 8, 2011 (the "Proffer Statement') for the proposed rezoning of 92f acres constituting property of O -N Minerals (Chemstone) Company (the "Applicant'), Parcel Identification Numbers 44 -A -83, 44 -A -83A, and 33 -A -144 (collectively, the "Property "), in the Stonewall Magisterial District, from the RA (Rural Areas) District to the EM (Extractive Manufacturing) District. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comments: ror purposes itt ci t 1 , a v:�u!d i;c hcipfu; :i'metes and bounds ui't17c portion of parcel 33 -A -144 to be rezoned were provided. 2. The second paragraph of the first page of the Proffer Statement is unclear as to what would constitute "development of that portion of the Properties adjacent to or including the improvement or other proffered requirement', both in terms of what constitutes "development' and what constitutes being "adjacent'. Also, the timing reference conflicts in part with other provisions of the Proffer Statement, including in particular Proffer 2.2. 3. Staff should be aware that the provision in the second to last sentence of the second paragraph on the first page of the Proffer Statement is likely not dictated by federal or state law. The County could still require that activity on the Property take place in 107 North Kent Street • Winchester, Virginia 22601 Ron Mislowski, P.E. • April 10, 2011 Page 2 conformity with local requirements and federal /state requirements. To the extent.that an activity cannot take place in compliance with both may mean that such an activity cannot take place on the Property and not that the activity must be able to take place on the Property. 4, Proffer 1.1 — The Proffer might better include citations as to exactly what constitutes the Mineral Mining Law and Reclamation Regulations, so as to avoid any ambiguities. Also, staff should be aware that Proffers 1. 1, 4.1, 5.1, 8.1, 9. 1, and 10.1 for the most part indicate that the Applicant will comply with regulations as to which compliance is already required and, therefore, the Proffers may not necessarily commit the Applicant to additional obligations. T?. sec; nd cnntene- is qn ^lags 2s to-the m- Y of "-cr+ gale maintenance" and the parameters of the required access by vehicles for such purpose. 6. Proffer 2.2 — The Proffer does not commit to any specifics regarding the extent of the trees, including what the standards of the "U.S. Department of Forestry" are. Proffer 3.1 — Staff should ensure that the County has received copies of the referenced surveys. Also, with respect to the area for the Phase II survey, the Proffer does not provide specification of "the area adjacent to the spring near the Martin farmhouse ". 8. Proffers 4.1 and 5.1 — Neither Proffer indicates suggests the establishment of any baseline for determining damage. 9. Proffer 7.1 — The Proffer does not state what constitutes "reasonable efforts ", either by example or by particular standards. 10. Proffer 8.1 — Staff should be aware that the prohibition against lighting on the berms is limited to "affixed lighting structures ". 11. Finally, because Ms. Martin still holds an interest, in the form of a life estate, in pared -rLI -A-a J, C:ie `d"onld in---, `n S' '11te )...£f �. may. _ well. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as it is my understanding that that review will be done by staff and the Planning Commission. Sinc ours, Roderick B. W1 ms County Attorney Ron Mislowski,P.E. • April 10, 2011 Page 3 cc: Michael Ruddy, AICP, Deputy Director of Planning and Development Thomas Moore Lawson, Esq. • COUNTY of FREDERICK TO: Ron Mislowski, P.E. Patton Harris Rust & Associates. FROM: Michael T. Ruddy, AICP Deputy Director Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 RE: initial Rezoning Comments: Carmeuse NA — Clearbrook Rezoning. DATE: April 15, 2011 The following comments are offered regarding the Carmeuse NA — Clearbrook Rezoning Application. This is a request to rezone 92 +/- acres from RA (Rural Areas) to EM (Extractive Manufacturing) with Proffers. The review is generally based upon the proffer statement dated February 8, 2011 and the Impact Analysis Statement dated January, 2011. A TIA was not prepared for this application. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. General inrl��rlino :1 metes and bounds descrintion of the - property. The acreage of the portion of Parcel 33 -A -144 should be defined and added within the title block of the proffer statement. 2. Please ensure that all the necessary application materials are submitted with application. 3. The submission fee for this application would total $19,200.00, based upon acreage of 92 acres, plus the appropriate amount for public hearing signs. I would suggest that several public hearing signs are obtained for this application given the size and location of the property. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000 0 0 Carmeuse NA - Clearbrook Rezoning Comments April 15, 2011 Page 2 Land Use 1) 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 .l r«t.__,i t i"va Lan." th ➢1 - -- Ir 7Mn, a r . ... an: Use ,.z,:... )O IA 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. Impact Analysis Statement Please address the following errors in the Impact Analysis Statement prepared for this Application. 1) Under B. Comprehensive Policy Plan, it is stated that the subject acreage is not located within the boundaries of any small area study or land use plan included in the Comprehensive Plan. The property is located within the boundaries of The Northeast Land Use Plan. Please correct. 2) Under B. Comprehensive Policy Plan, it is stated that the subject acreage is not located within the SWSA. The property is located within the SWSA. Please correct. 3) Under C- Suitability of the site, Scope of Proposed Use, it is stated 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. Please correct in either the Impact Analysis Statement or Proffer Statement. 4) 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. Please correct llte Environmental Features section to reflect the environmental features on the property. 5) Copies of the Phase 1 and Phase II Archeological Surveys should be provided to the County for review. 0 0 Carmeuse NA — Clearbrook Rezoning Comments April 15, 2011 Page 3 Transportation The following transportation comments have been provided by John Bishop, County Transportation Planner, and should be considered as the County Staffs position on this component of the rezoning. 1) My 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. 2) 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. 3) 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. 4) 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. Proffer Statement 1) 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 Carmeuse NA — Clearbrook Rezoning Comments April 15, 2011 Page 4 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. 2) 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 0, acti it:cs si:,:l; as a1.p tali or cur, - Crcle imxing pluniJ, cenient ancl lime kilns, and oil and natural gas extraction will be prohibited. The Proffer Statement does not prohibit such uses, or other EM uses. 3) 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. 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 address why Exhibit 2 proposes standards which appear to conflict with the County's Zoning Ordinance. 4) Insufficient detail is provided in Proffer 2.2 or Exhibit 2 to accurately define the amount size, mi>:, 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. The proffered buffering and landscaping should propose buffering and landscaping that would exceed the minimum expectation of the Ordinance. Specificity as to the landscaping is expected. 5) Additionally, 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. The adjacent residential uses, the historic farmhouse, the Route 11 corridor, and Clearbrook Park are recognized in the Northeast Land Use Plan with a Developmentally Sensitive Area designation. Due consideration of these elements in the Application is also expected. I Carmeuse NA — Clearbrook Rezoning Comments April 15, 2011 Page 5 6) A commitment as to the timing of the construction of the berms would be helpful as would understanding the ultimate location and design of the overburden as required by the approved mining permit. Examples exist of extremely large and conspicuous piles of overburden. Knowing the ultimate location of this would be helpful to ensure unanticipated impacts do not occur. 7) 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. It appears to be a narrative restating discussion in the Impact Statement and the intention of the Appiicant. Furiher clarification and commitment is needed with regards to this issue. The comments provided by the Historic Resources Advisory Board should be addressed. 8) This application's 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. 9) Staff would support the County Attorney's opinion that any proffer that provides a commitment to do something that is already required by Federal, State, and Local requirements, or the Applicant's Mining Permit should be removed from the proffer statement. For purposes of clarity and understanding it would be preferable to limit the commitments in the proffer statement to those that are above and beyond the scope of any existing requirements, whether required by Code or by Permit. In general, narrative should be placed within the Impact Statement with commitments located in the Proffer Statement In conclusion, please ensure that the above comments, and those offered by the reviewing agency are given due consideration. MTR/bad Mike Ruddy From: Rod Williams Sent: Friday, July 29, 2011 2:31 PM To: Eric Lawrence, Mike Ruddy Subject: Carmeuse - Clearbrook Eric /Mike, As I will not be here next week, I wanted to get to you the comments that I have on the revised proffers: In Proffers 2.1 and 6. 1, the changes regarding access to Route 11 actually make the proffers less restrictive than they were previously. I do not believe this presents a legal impediment to proceeding, but I just wanted to draw attention to the fact that this is the opposite direction from the way things usually proceed (though I recognize that at least one member of the PC encouraged this change). In Proffer 3.1, regarding the commitment for adaptive reuse of the farmhouse, the Proffer simply commits to do so "in the future ". Without any definite time stated, this is not really a commitment. • In Proffer 6.2, the last sentence, regarding effects of future development on the buffering and screening, the Proffer likewise makes no actual commitment, instead saying "the Applicant shall at its discretion alter, amend or relocate the aforementioned buffer and screening." Should anything come up next week, you can reach me at 703 - 927 -8403. :. OI Roderick B. Williams County Attorney County of Frederick, Virginia 107 North Kent Street, 3rd Floor Winchester, Virginia 22601 Telephone: (540) 722 -8383 Facsimile: (540) 667 -0370 E- mail: rwillia(d,)co.frederick.va.us 1 Rezoning Comments Carmeuse - Clearbrook Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984 -5600 Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, Virginia 22603 Applicant's Name: o-N Minerals (Chemstone) Company d/b /a Camteuse Carmeuse Lime & Stone Mailing Address: c/o Patton Harris Rust & Associates Telephone: (412) 638 -1581 117 E. Piccadilly Street Winchester, VA 22601 Location of property: 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 836). Current zoning: RA Zoning requested: EM Acreage: 92 Virginia Department of Transportation Comments: See attached email from V DO T to PHR&A dated March 11, 2011. VDOT Signature & Dat : 03/11/11 Notice to VD Please Return Form to Applicant 20 0 4 Ronald A. Mislowsky From: Funkhouser, Rhonda [ Rhonda .Funkhouser @VDOT.Virginia.gov] on behalf of Ingram, Lloyd [Lloyd.I ngram@VDOT.virginia.gov] Sent: Friday, March 11, 2011 8:38 AM To: Ronald A. Mislowsky Cc: mruddy @co.frederick.va.us; Ingram, Lloyd Subject: Carmeuse Lime & Stone Rezoning - VDOT Comments Attachments: CommentSheet.pdf 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 referenced. 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. Thank you for allowing us the opportunity to comment. <<CommentSheet.pdf>> Lloyd A. ingrnm, Laid Development Engineer VA Department of Transportation — Land Development Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, Virginia 22824 Phone #(540) 984 -5611 Fax #(540) 984 -5607 Rezoning Comments Carmeuse - Clearbrook Frederick County Fire Marshal Mail to: Frederick County Fire Marshal 1800 Coverstone Drive Winchester, Virginia 22602 (540) 665 -6350 Winchester, Virginia Hand deliver to: Frederick County Fire & Rescue Dept. Attn: Fire Marshal Public Safety Building 1800 Coverstone Drive Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location map, proffer statement, impacfanal other° pertinent information- - - Applicant's Name: O-N Minerals ( Chemstone) Company Telephone: (412) 638 -1581 d /b /a Carmeuse Carmeuse Lime & Stone Mailing Address: c/o Patton Harris Rust & Associates 117 E. Piccadilly Street Winchester, VA 22601 Location of property: 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 836). Current zoning: RA Zoning requested: EM Acreage: 92 Fire Marshal's Comments: PLANS APPROVED MENARSHAL, FREDERICK C ©U Fire Marshal's Signature & Date: 2, ) q 1 t Notice to Fire Marshal - Please Return This Form to the Applicant 22 0 0 41G8 0 ,.Frederick County Fire. and Rescue _ .1 a Department H Office of the`Fire Marshal Plan Review and Comments VIRGINIA Control number RZ11 -0002 Project Name Carmeuse Address 117 East Piccadilly St. Type Application Rezoning Current Zoning RA Automatic Sprinkler System No Other recommendation Date received 3/1/2011 City Winchester Tax ID Number Date reviewed 3/14/2011 Applicant PHR &A Slate Zip VA 22601 Fire District Recommendations Automatic Fire Alarm System No Requirements Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments Plans Approved As Submitted. Hydrant Location Not Identified Roadway /Aisleway Width Not Identified Date Revised Applicant Phone 540- 667 -2139 Rescue,District Election District Stonewall Residential Sprinkler System No Fire Lane Required No Special Hazards No Plan Approval Recommended Reviewed By Signature _ Yes J. Bauserman �� l S P PROV FIRE MRSKAATY-FREU�Rl�i COUNTY 5406672260 • 49:55 p.m. 04 -07 -2011 Rezoning Comments Carmeuse - Clearbrook Fire and Reseue Company Na me of Fire & Rescue Campanv Ciea Fire Co., Inc.. Attn: Fire Chief or Assistant Fire Chief Address & Phone P.O. Box 56 1 1256 drucetown Road Clearhrcok, VA 22624 Applicant's Name: Q -t.; minerals {Che Comp i'elsphone: (412) 638 -1589 Mb CaCarmeuse Carmeuse Lime & -Stone Mailing Add, ess: c/o patron Harris Rust & Associates — 117 E. pi lily Street }A`mcilesrer. VA 22501 Location of properly: 5L6 Civa:rp Lane [,hat aort'er, not wrrenJy zanest Rf4), 3064 Ualhn"urg pike and 'a160 4eartinshur4 Pure. The subject parels are to tedd tetWeenthe inierseGbons of Route' 7 Mun Bruvetuw± Rt d {aft f72) and wth Waftrs MI; lane (SR n6)j Current zoning: R Zoning requested: EM Acreage: 92 VaK -� Fire and Rescue Company's Comments: r - - ;I ----- - - - - -- -- - - - -- - - - - - -- - -- Fire c@ Rescut Compan & Date: � - � s! , , >'gnature �_ l ✓ Notice to Fire & Rescue Com pany - Please Return This form t the ApplicaPt 11 t -- —' 32 March 21 2011 Mr; Ronald A. Mislowsky p.E.. Vice•President Patton.Harris Rust. &.Associates;p.o. 11.71. Piccadilly, Street Winchester, Virginiw2.2601 RE. Carmeuse.NA — Clearbiock Rezoning Comments Frederick County; Virginia Dear Ron: Department o$Pablic Works 5404665.5643 FAX: 540!678 -0682 Wehave completed,our review of the proposed:rezoining of the approximate 92 acres of land owned by "Canneuse NA.and offe "r'the fol low in g.comme his `. Refer to;Site and.Land Vse,Hisfory 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 th "e measures' that 'will be.employed "to remediate the impacts of the open pit mining;operations on the ten.(10) single family residents located along Route l l,'ln.particular anticipate.the;impacis from the mining operations will include. dust;, noise lower groundwater levels and possible damage to building:strucfures. 2. Refer to. Soils7Geoiogypage 4: Expand the discussions to include a description ofithe,actual geological formations that will be impacted� and. extracted by the propo "sed'rriining operations. 3. Refer.to S Waste;Disposal page 5: The proposed rezon ng,incorporafes property ,that�is�currently,leased by Frederick.County foi.use;as a citizens.' refuse disposal site Frederick County signed.. a: lease' with O =N Mineralstto use this property wliich is located;immediatelyreast of the park's ball field: The lease included ;an.'.m}tia. IJ n (10) year time -frame with two, (2); fr�q year renewals.. Atthe time _the.lease was executed, representatives from.O= N.`Minerals indicated that =they. anticipated-underground mining to remove thce igh calcium limestone. Carmeuse NA _ Cle rb.rook.Rezoning;Commerits • Page 2 March 21,2011 Based on,the proposed rezoning; we understand that Carmeuse NA plans to contrnue,the current open pit _approach Nevertheless, considering the investment that: Frederick-County has made in this site to accommodate:citizen refuse, we would; appreciate the continued use ofthis.site;until, adeast, 2024. If this request fits.within theproposed development time frame of t_he quarry operations, we would' appreciate ihatif be included in the•proffer statement. I:can be reached.at =722-.8214 if you should have any questions regarding these comments. Sincerely; trawsnyder, Jr. P.E. Public Works HES %rls cc: Candice Perkins .Planning and Development file �h \Rhonda \TEMPCOMMEN,TS \CA RBROOK REMOh1S.doc. RME[1SE - CLEA 0 0 Rezoning Comments Carmeuse - Clearbrook Frederick - Winchester Service Authority Mail to: Hand deliver to: Fred -Winc Service Authority Fred -Winc Service Authority Attn: Jesse W. Moffett, Executive Director Attn: Jesse W. Moffett P.O. Box 43 107 North Kent Street Winchester, Virginia 22604 Winchester, Virginia (540) 722 -3579 Applicant: Please fill out the information as accurately as possible in order to assist the Fred-Wine Service Authority with their review. Attach a copy of your application form, location map, pro statement, impact analysis, and any other pertinent information. Applicant's Name: O -N Minerals (Chemstone) Company Telephone: (412) 638 -1581 d /b /a Carmeuse Carmeuse Lime & Stone Mailing Address: c/o Patton Harris Rust & Associates 117 E. Piccadilly Street Winchester, VA 22601 Location of property: 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 erucetown Road (SR 672) and with Walters Mill Lane (SR 836). Current zoning: RA Zoning requested: EM Acreage: 92 Fred-Wine Service Authority's Comments: vto CaffilmPxe4S Fred -Winc Service Auth ity' 0_� 2�l� Signature & Date: Notice to Fred -Winc Service Authority - Please Return Form to Applicant 33 0 0 Rezoning Comments Carmeuse - Clearbrook Frederick - Winchester Health Department Mail to: Frederick - Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Winchester, Virginia 22601 (540) 722 -3480 Hand deliver to: Frederick - Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Suite 201 Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick - Winchester Health Department with their review. Attach a copy of your application form, location map, proffer statement, impact ana a nd any other Applicant's Name: O -N Minerals (Chemstone) Company d /b /a Carmeuse Carmeuse Lime & Stone Mailing Address: c/o Patton Harris Rust & Associates 117 E. Piccadilly Street Telephone: (412) 638 -1581 Winchester, VA 22601 Location of property: 509 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 836). Current zoning: RA Zoning requested: EM Acreage: 92 Frederick - Winchester Health Department's Comments: /I o Dq t k qs ny aei + n : ih e (eq,lf� as n,, ex7- f� n r )2,-o ,( dra 1 7 F kl1 wL4 il ells He= nel<� /LPOI Health Dept. Signature & Date: ! Notice to Health Department - Please Return This Form to the Applicant 26 04- 04- 11;10:52AM; 11 • Rezoning Comments Carmeuse - Clearbrook Frederick County Department of Parks & Recreation Mail to: Frederick County Department of Parks & Recreation 107 North Kent Street Winchester, Virginia 22601 (540) 665 -5678 Hand deliver to: Frederick County Department of Parks & Recreation County Administration Bldg., 2nd Floor 107 North Kent Street Winchester, Virginia h 2/ Applicant: Please fill out the information as accurately as possible in order to assist the Department ofParks & Recreation with their review. Attach a copy of your application form, location map, proffer statement, mpactµanalys�s, and any other pertinent rnfontitiation. Applicant's Name: O -N Minerals (Chemstone) Company Telephone: (412) 638 -1581 d /b /a Carmeuse Carmeuse Lime & Stone Mailing Address: c/o Patton Hams Rust & Associates 117 E. Piccadilly Street Winchester, VA 22601 Location of property: soa ouarn lane (that potion not cunendy zoned EM). 3604 Maltinsburg Pae and 3180 Martinsbur Pike. The subject parcels ere located between the intersections of Route 11 with arumtown Road (SR 672) and with Wafters Mill lane (SR 836). Current zoning: RA Zoning requested: EM Acreage: 92 Department of Parks & Recreation Comments: Pks. & Rm. Signature & Date: Notice to Department of Parks & Recreation - Please Return This Form to the Applicant 23 n u Rezoning Comments Carmeuse - Clearbrook 0 Winchester Regional Airport Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, Virginia 22602 (540) 662 -2422 Hand deliver to: Winchester Regional Airport Attn: Executive Director 491 Airport Road (RL 645, off of Rt. 522 South) Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Winchester `Regional Airport with their review. Attach a copy of your application form, location neap, - proffer statement, impact analysis, and any other pertinent information. Applicant's Name: O -N Minerals (Chemstone) Company Telephone: (412) 638 -1581 d /b /a Carmeuse Carmeuse Lime & Stone Mailing Address: c/o Patton Harris Rust & Associates 117 E. Piccadilly Street Winchester, VA 22601 Location of property: 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 Bracetown Road (SR 672) and with Walters Mill Lane (SR 836). Current zoning: RA Zoning requested: EM Acreage: 92 Winchester Regional Airport's Comments: e n \ s-P e Winchester Regional Airport's Signature & Date: _ 1A z c d3� Notice to Winchester Regional Airport - Please Return Form to Applicant 30 0 WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662 -2422 March 23, 2011 Ron Mislowsky, P.E. PHRA 117 East Piccadilly Street Winchester, VA 22601 Re: Rezoning Comment — RA to EM O -N Minerals (Chemstone) Company d /b /a Carmeuse Lime & Stone Stonewall Magisterial District Dear Mr. Mislowsky: We have completed a review of the proposed Rezoning application and determined the rezoning should not impact operations of the Winchester Regional Airport. If you have any questions, please do not hesitate contacting me. Thank you for your continued support in the Winchester Regional Airport. Sincerely, �W Serena R. Manuel Executive Director