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June 12, 2001 Public Hearing re Mid Atlantic Tech Business Park 87 REZONING #04-00 OF MID-ATLANTIC INDUSTRIAL & TECH CENTER - SUBMITTED BY GREENWAY ENGINEERING ON BEHALF OF SHOCKEY INDUSTRIES. TO REZONE 206 ACRES FROM RA (RURAL AREAS) TO M1 (LIGHT INDUSTRIAL). AND 198 ACRES FROM RA (RURAL AREAS) TO M2 (INDUSTRIAL GENERAL ). THIS PROPERTY IS LOCATED EAST OF MILBURN ROAD (ROUTE 662). SOUTH OF OLD CHARLES TOWN ROAD (ROUTE 761) AND SOUTHWEST OF JORDAN SPRING ROAD (ROAD 664) AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 44-A-31. 44-A-292. AND 44-A-293 IN THE STONEWALL MAGISTERIAL DISTRICT A Public Hearing, the Request of Mid-Atlantic Technical Business Park Rezoning, of the Frederick County Board of Supervisors was held on June 12, 2001, at 6:00 P.M., in the auditorium of Sherando High School, Stephens City, Virginia. PRESENT Chairman Richard C. Shickle; Vice Chairman Charles W. Orndoff, Sr.; W. Harrington Smith, Jr.; Robert M. Sager; Margaret B. Douglas; and Sidney A. Reyes. Staff County Administrator John R. Riley, Jr., Assistant County Administrator Kris Tierney, Public Works Director Ed Strawsnyder, Planning Director Evan Wyatt, Deputy Clerk Carol T. Bayliss. Virginia Department of Transportation Resident Engineer Jerry Copp. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION The invocation was delivered by Supervisor Robert M. Sager. PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA Upon motion made by Supervisor Smith, seconded by Supervisor Sager, the agenda was adopted as presented by the following recorded vote: Richard C. Shickle - Aye Charles W. Orndoff, Sr. - Aye W. Harrington Smith, Jr. - Aye Robert M. Sager - Aye Margaret B. Douglas - Aye Sidney A. Reyes - Aye STAFF PRESENTATION Planning Director Evan Wyatt presented the following staff comments: Minute Book Number 27 Board of Supervisors Meeting - Public Hearing on Rezoning Request of Mid-Atlantic Technical Business Park (Shockey Rezoning Request) - 06/12101 28. Director Wyatt briefed the Board on the following impacts and issues as they deal with this rezoning request: He advised that the applicant's traffic impact analysis does not provide current traffic count information for the impacted roadways; does not estimate the percentage of vehicle trips that will be tractor-trailer and normal vehicle; does not provide current and projected Level of Service (LOS) information for impacted roadways; nor does it account for projected turning movements at Martinsburg Pike. He compared the structural development calculations to the existing development conditions in Fort Collier Industrial Park and Stonewall Industrial Park to determine which projection was more realistic. Based on existing development patterns, it appears that the 13,000 square feet per acre calculation is reasonable to consider for the applicant's traffic impact analysis. This calculation projects 3,425 vehicle trips during weekday afternoon peak hours, and 25,914 average daily vehicle trips generated by the build out ofthis acreage. The build out of this acreage would increase traffic on Old Charles Town Road by 948% of the current average daily traffic volume, and would increase traffic on Martinsburg Pike by at least 152% ofthe current average daily traffic volume. Water and Sewer - The applicant's water and sewer impact analysis assumes a 5,000 gallon per day per acre average for 404 acres requested to be rezoned, resulting in a projected water and sewer capacity need of 2,235,000 gallons per day. The Frederick County Sanitation Authority comment, dated 9/22/00, states that facilities do not currently exist to provide for the applicant's projected water capacity needs at build-out. The FCSA states that a new water treatment plant in the Clearbrook area should be on line late in 2002. Historic Resources - The Frederick County Historic Resources Advisory Board (HRAB) primary comment, dated 1/11/01, recommends that the Planning Commission and the Board of Supervisors deny the proposed rezoning application due to the fact that a significant percentage of this acreage is located within the core area ofthe Second Winchester Battlefield as identified by the 1992 National Park Service Study. Additionally, the entire acreage is located within the proposed Milburn Rural Historic District which has been determined to be eligible for the National Register of Historic Places. Solid Waste - The Department of Public Works (County Engineer) comment, dated 9/25/00, Minute Book Number 27 Board of Supervisors Meeting - Puhlic Hearing on Rezoning Request of Mid-Atlantic Technical Business Park (Shockey Rezoning Request) - 06/12/01 89 states that the estimated solid waste generation of 12,000 tons per year will significantly impact the county's solid waste program, increasing the cost to the landfill and utilizing available capacity. Adjoining Properties - The applicant has provided information which identifies a significant number ofresidential land uses along Old Charles Town Road and Stephenson Road. The impact analysis statement suggests using a 100 foot buffer and screen between all residential areas and the acreage requested to be rezoned to provide adequate distances between land uses; and to reduce impacts associated with noise, light, and odor. The adjoining properties along Old Charles Town Road, which adjoin the 100 foot residential buffer area, may be impacted by future industrial land uses depending upon the structural height, the location and placement of signage and lighting fixtures, and the location of parking and maneuvering areas, primarily those areas used for tractor trailer staging and loading. Proffer Statement - Director Wyatt presented a list stating that it was a summary (15 in number) ofthe conditions voluntarily proffered by the applicant. Director Wyatt concluded his remarks in stating that staffhas identified several issues based on comments received from various review agencies which involve impacts to the transportation system, water and sewer service, historic resources, the regional landfill, and adjoining properties. The applicant has submitted a proffer statement in an attempt to mitigate the issues identified by staff. Proffered conditions include the elimination of specific land uses; studies and improvements to the impacted road systems; the establishment of easements to preserve land areas and protect view sheds; the ability to research and relocate a potentially significant historic structure; limitations of sign heights, and a monetary contribution for fire and rescue services. He further stated that the development of an industrial park and technology center at this location will have an impact on existing residential land uses along Old Charles Town Road due to their proximity to this acreage, and could potentially have an impact to the viewshed associated with the historic Stephenson Depot area. The Frederick County-Winchester Battlefield Network Plan sets forth strategies for Stephenson Depot. He further stated that staff believes that these impacts could be further mitigated by the applicant through consideration of thirteen comments that he spelled out at this time. In conclusion he stated that the planning commission found consistency ofthe rezoning with Minute Book Number 27 Board of Supervisors Meeting - Public Hearing on Rezoning Request of Mid-Atlantic Technical Business Park (Shockey Rezoning Request) - 06/12/01 290 the Comprehensive Policy Plan and found no overwhelming basis in which to deny the rezoning request. At their meeting of February 2,2001, the planning commission recommended approval of the rezoning, by a majority vote, with the stipulation that all review agency comments are complied with. Supervisor Smith asked Mr. Copp to explain the rating system for Route II as the report refers that it is currently a number 1, but would be going to a number 3. Mr. Copp explained that he was not familiar with number one and three; however, it would mean going from a level A to a level C. With level A meaning free flowing and Level C being the desired level that VDOT considers an acceptable level of service for the traveling public. Supervisor Orndoff asked Mr. Copp as to whether or not he felt this project would deteriorate the roads. Mr. Copp replied that level of service is not a function of the maintenance of a roadway. It is a function of the traffic it carries. CHAIRMAN SHICKLE READS PUBLIC HEARING RULES OF ORDER APPLICANT PRESENTATION DON SHOCKEY ADDRESSES BOARD RE: HIS REOUEST FOR REZONING FOR MID-ATLANTIC INDUSTRIAL & TECH CENTER Mr. Shockey stated that this project has been in the forefront of much debate. They have personally talked with scores of people, including neighbors, historians, preservationists, business people, county officials, and community leaders. He further stated the proffers and plans would be presented by Mark Smith of Greenway Engineering, and that John Good, treasurer of The Shockey Companies and Gray Hanes of the law firm, Reed Smith Hazel & Thomas were also present to respond to questions. Mr. Shockey presented slides of the Stephenson Area showing I-81, Route 11 and Old Charles Town Road. These slides also included Milburn Road and Jordan Springs. He also showed the DSA Easement that Shockey has proffered to protect adjacent battlefields and Milburn Road. The remaining area owned by Shockey Companies, but not subj ect to this rezoning request, was also shown. The map of the 1996 Frederick County Land Use Plan showing the Stephenson area earmarked for industrial development, as well as the updated plan for the year 2000 showing the same Stephenson area being recommended for industrial development, was presented. Mr. Shockey Minute Book Number 27 Board of Supervisors Meeting - Public Hearing on Rezoning Request of Mid-Atlantic Technical Business Park (Shockey Rezoning Reqnest) - 06/12/01 91 explained that citizens have had numerous opportunities to provide input to the plan, from as far back as July of 1996. Throughout this long and thoughtful process, the Stephenson area continued to be recommended for industrial use. He further stated that the current RA status of this site is an unreasonable use ofthis property. As an agricultural piece ofland, it doesn't even pay the taxes. As use for residential lots, it is unlikely to be a positive outcome for the county or the landowner. He feels that tourism would require a substantial public investment not only up front, but also to maintain operations. Few tourism sites pay for themselves. He feels their proposed project is "in alignment" with the intent of the comprehensive plan. Mr. Shockey outlined the areas where he feels his company has made significant compromises since the initial filing of their rezoning back in October, 2000. He explained that he didn't feel anyone in attendance at this meeting could believe that The Shockey Companies have not made compromises, and with that in mind, they have one last compromise to offer at this time. He advised that in their proffer revisions they have elected to eliminate the M2 zone from their rezoning request. Therefore, their entire application area of 404 acres now represents Ml zoning only. He further explained that the Land Use Plan was the key document relied upon by the Shockey Companies. Their decisions to purchase the property and to pursue the proposed development in this area was based upon the Plan. He explained that their company's vision is a 21st century center, which would incorporate more contemporary developments. Continuing with the use of slides he presented buildings that have played a role in their business construction. He explained that these local companies are helping to maximize a tax revenue stream for the county,.and they are proving to be good corporate neighbors. Mark Smith of Greenway Engineering appeared before the Board to present his view ofthe project as well as the proffer overview. He explained that he would be covering the following seven areas and how the proffer statement relates to them: 1) Transportation 2) Water Projections 3) Viced Plan 4) Landscaping 5) Signage 6) Lighting 7) Storm Water Management Mr. Smith concluded in stating that these measures go above and beyond county ordinances. Minute Book Number 27 Board of Supervisors Meetiug - Public Hearing on Rezoning Request of Mid-Atlantic Technical Business Park (Shockey Rezoning Request) - 06/12/01 292 He further stated that high standards, now and into the future, regarding uses at the center are controlled through county ordinances, compliance with proffers and the center's covenants. Mr. Shockey stated that in conclusion, he would like to offer one last thought. He respectfully submits that the Board must protect the county's comprehensive plan as it has been developed. Once you disapprove a project that is consistent with the comprehensive plan, you have no line of defense against future projects that are not consistent with the comprehensive plan. He respectfully requested the Board's approval of their application for the rezoning of this property. Supervisor Sager asked if anyone had done any type of study on property values in this area. Mr. Shockey replied no; however, the residents will now have sewer lines available that they have not had in the past. Supervisor Reyes stated that when he met with Mr. Shockey there was no mention ofthe M2 being withdrawn; however, when he received a phone call from a previous Board chairman telling him of the withdrawal of the M2 he was "kind of taken back" that this information had not been shared with him during his meeting with Mr. Shockey. Mr. Shockey explained that this possibility was still being discussed, and had not been decided at the time of the meeting. Chairman Shickle stated that the water and traffic numbers have been significantly reduced he asked for this to be explained. Mark Smith explained that 1000 gallons a day is very typical of what is shown in the information provided. Traffic in the application for Frederick County, one is directed to use the Institute of Traffic Engineering Manual. The traffic was projected from this information. Supervisor Omdoffasked on Route 761, where would the sewer lines go. Mark Smith replied behind the houses. Mark Smith responded to Supervisor Reyes' earlier question in that he said the decision to withdraw the M-2 rezoning was done yesterday(ll th) around noon, and that no final decision had been made prior to that time. Supervisor Reyes stated that it was not the MI or M2, it was a courtesy factor. John Good - appeared before the Board and advised that on record at the court house there Minute Book Number 27 Board of Supervisors Meeting - Public Hearing on Rezoning Request of Mid-Atlantic Technical Business Park (Shockey Rezoning Request) - 06/12/01 93 is a plat that shows the location. The agreement on record which predates our ownership of the property references 5 wells. He could only find 4 on the plat. One of those appears not to be on the rezoning area that is being requested, but on the area between Milburn Road and the rail line that Shockey owns. The other three shown appear to be outside of the property that Shockey acquired and remains on the McCann Family property. Chairman Shickle advised that he is interested in the personal vision of what this park will be. He asked Mr. Shockey if what has been shown is what he would like to see this park look like. Mr. Shockey advised that factories are no longer today as they were a number of years ago. He explained how he envisioned the park that was planned for this site over the next twenty years, and that more technology is planned than you would have seen in factories of past years. Chairman Shickle addressed the satisfactory time on a build out. Mr. Shockey replied that he is looking at a 20 year time span. Supervisor Orndoff thanked Mr. Shockey for pulling the M2 portion ofthe request. CHAIRMAN SHICKLE READS THE RULES OF ORDER FOR THE REMAINDER OF THIS PUBLIC HEARING OPPONENTS PRESENTATION Mark Stivers, member of the FCVCC, appeared before the Board at which time he advised that Gina Forrester, also a member ofFCVCC, will be speaking on behalf of members ofFCVCC and that he will be speaking on behalf of the members of their community. Mr. Stivers stated that their group was pleased to hear that Shockey Company had pulled the M2 portion of their request, and if they would also pull Ml and the rail spur, that progress would be made at this meeting. Gina Forrester addressed the following myths surrounding the Shockey Industrial Park. 1. The economic stability of Frederick County depends on the Board rezoning the Stephenson Depot to allow the Shockey Industrial Park, this is simply not true. 2. That Frederick County does not have available industrial land and this is hurting the county's economic stability. This is not true. 3. Why rezone this particular piece ofland in this particular place? Could it be that the historic district is blocking the completion of the Route 37 bypass? Asked that the Board consider the Memorandum of Agreement which was signed by the county administrator on February 16, 1999. This agreement set out stipulations that these historic sites would be protected in order for Frederick County to have access to Federal funds. Stated that this agreement was not presented to each Board member nor to the public. 4. Other issues need to be considered such as proximity to homes and schools, water Minute Book Number 27 Board of Supervisors Meeting - Public Hearing on Rezoning Request of Mid-Atiantic Technicai Busluess Park (Shockey Rezoning Request) - 06/12/01 294 availability, increased health risks, loss of natural history, loss of potential tourist revenue. In closing, she asked the Board to remember the pledge that they took when they were sworn in as Board members. Mark Stivers, resident of Stephenson, spoke about the committee that he served on in January, 2000, at the request ofthe planning commission, as a citizen liaison to help a subcommittee revise the Northeast Land Use Plan. He advised that the committee recommended that no industry was appropriate for the area that the applicant is seeking to rezone. Over the last nine months they have watched, at the level of interest, in which community interest has grown. This is not about whether the applicant is a good corporate citizen, not about a vocal minority, this is about measuring the impact on our community and balance and deciding what cost, and at what cost, we will alter the lives of thousands. What we choose to preserve, what we choose to destroy, and at what cost. He did thank the Board for their many hours spent on this request. He further noted all of the many professional individuals that have given many hours oftheir time on behalf of the citizens group opposing this request. He further addressed the area of revenue projections as it relates to industry and that the range exists over $42 million in tax revenue. Any where from a $22 million black positive to $20 million negative range and loss to taxpayers. The notion that any industry keeps taxes low is not supported by fact. He addressed the fact that it has been stated that the citizens have exaggerated and engaged in scare tactics. He asked the Board to ask themselves ifthat was true. He asked if the citizens had not explained themselves and who is really most informed. He referred to recent post card mailing that warned ofneucular waste recycling and chemical warfare agents as permissible uses in M2 zoning. A former Board member and Chairman of the Board of Supervisors called this information propaganda, and at best, out right lies. Mr. stated that is not true, and he referred to sections of the Standard Industrial Classification Code that addresses these very things. This is the inappropriateness of not knowing what is going in as being opposed to being told what is being kept out. He stated that he had not anticipated M2 being pulled; however, as he stated to Supervisor Orndoff, MI is not appropriate either. He noted those that are currently permissible in M I and have not been ruled out. He referred to what had been stated by the planning commission and staff in that the impacts are better mitigated if the applicant were to quote "identify the land uses that would be permitted instead of those that would be prohibited". Minute Book Number 27 Board of Supervisors Meeting - Public Hearing on Rezoning Request of Mid-Atlantic Technical Business Park (Shockey Rezoning Request) - 06/12/01 95 He feels there are way too many unknowns and objectionable risks. The applicants, "you can trust me" attitude is not appropriate for sound government. He addressed, by way of slides, an area that was touched on earlier, by the applicant, showing 170 acres of buildings and 67 acres of asphalt parking lot. It doesn't show all that is possible. What we do know is that even more is possible. The reduction from 440 down to 404 effectively took out areas that could not be built on. Despite the claims that history will be saved, the rail spur in the entrance means seventy acres of core battlefield are adversely affected, and forty more will be completely lost. He referred to an agreement with the Frederick County Sanitation Authority on March, 2000 wherein five deep wells would be dug, and the water treatment facility would be placed on land identified as the core battlefield. How many homes are really going to be affected by this proposed rezoning. He stated that it was found over 400 occupied structures injust under 2700 feet, nearly 800 within a mile, and 2800 within two miles. There are two elementary schools and a new high school within this same area. They know property values will be negatively affected by this proposal. He explained that $5.2 million would be transferred out ofthe pockets ofthe residents of Stephenson due to the depreciation oftheir property. He addressed the area of traffic and advised that if VDOT calculations were used and the 1999 traffic counts are added to it that there is nearly a 1100% increase in traffic. This means there would be a vehicle every 3 seconds of every hour of every day. He advised that through information received from the school system, there are over 40 stops alone on Jordon Springs Road, Old Charles Town Road and Woods Mill Road. All of these roads have an average width of232 inches, and when you confront a truck and a passing school bus, that leaves fourteen inches. At what point is a threat to our children's safety just too great? He addressed the Opequon Watershed and what is known and not known. He referred to the fact that the Shenandoah Valley and Frederick County are currently in a six or seven year long ground water drought. The land being sought to rezone is prone to sink holes and karst. He asked the Board to remember that their families are dependent upon wells. He addressed the battlefields in Frederick County and stated that one-half of all core battlefields have been lost due to rezoning and development, and to date, less than one half of I percent have been protected. He addressed tourism and what is possible through tourism in Frederick County. Frederick County's share oftourism is only 3%. Minute Book Number 27 Board of Supervisors Meeting - Public Hearing on Rezoning Request of Mid-Atlantic Technical Bnsiness Park (Shockey Rezoning Request) - 06/12101 296 Referred to county comprehensive plan and the vote taken by this Board on September 27, 2000 in a 4-2 vote is flawed. Evan Wyatt, the county's current Planning Director, advised the Board at this meeting that the Milburn Historic District had been overlooked and omitted from the Comprehensive Plan Study and recommended that it be returned for further study as he wanted to fix it. It is known that eighteen months earlier there was an agreement signed with State and Federal Highway Authorities and a historic preservation officer acknowledging efforts to protect the Milburn Historic District and Stephenson Depot Battlefield. He does not know why the county administrator and the planning department did not communicate about this issue. The comprehensive plan subcommittee suggested that no industry was good for this area based upon other negative impacts. The applicant has claimed that it bought agricultural land with the intention that it would be rezoned industrial. Copies of the deeds have been supplied and thus the time line is noted. The applicant is like any other land speculator, it deserves no special consideration. The county does not owe it one single thing, and to imply otherwise would be to suggest special dealings and outcomes contrary to community interest. The comprehensive plan is flawed and the county must fix it. Mr. Stivers addressed the areas within the county that are available for industry. Told the Board that in the end they must balance the impact their decision will have on the residents of Stephenson, their quality oflife and their investments. The Board must decide whether they will plant industry, of any nature, into their community. It has been shown, like a cancer, it will kill Stephenson as it is currently known. It is easy for those that have not studied this issue, or the extent of its impacts, to urge you to say yes, but with what you know, he asked the Board to apply the Golden Rule if you lived here would you want done to yourselves and your families and your neighbors what Ml now industry, noise, traffic, and the unknown character ofthat Ml industry 24-7 will do to their lives, the investments, their safety and the quality oflife now enjoyed by everyone who lives there. Mr. Chairman, and members of the Board, you are the leaders and the visionaries of this community. We ask you to represent Frederick County to the best of your ability. We ask you to say no to the applicant. There are other alternatives that make more sense, that are less intrusive and far more certain about the impacts and long term interest of our citizens. He closed with one last thought. Tomorrow, June 13, is the anniversary date ofthe beginning ofthe Battle of Stephenson's Depot. June 13,1863 many men died fighting for what they believed was right. Now Minute Book Number 27 Board of Supervisors Meeting - Public Hearing on Rezoning Request of Mid-Atlantic Technical Business Park (Shockey Rezoning Request) - 06/12/01 297 exactly 138 years later the citizens of this community are now fighting for what they believe is right. Your decision will be your legacy, how will you have history remember you? Mr. Stivers requested that his presentation be made part ofthe record for tonight's meeting. Chairman Shickle stated that was fine. PROPONENTS PRESENTATION Jan Lauer, of Power Warner, appeared before the Board to introduce the following speakers: Dr. James A. Davis, President of Shenandoah University, feels personal attacks need to be eliminated on those that have dedicated their lives to public service. He remains committed to encouraging employees ofthe university to be involved in local government and beyond. He is more astounded that someone would charge that perhaps a family that has supported the development of the university for forty years, would do so for political gain. He feels the real answer to this controversy is to find balance and to allow good community planning to proceed as it takes into consideration all these factors. He asked the Board to support this project as it goes forward. Chairman Shickle reminded everyone at this point to remain civil. He asked that everyone's opinion be respected. Outburst will not be tolerated. Alson H. Smith, resident of Gainesboro District, stated that he has attended all the public hearings on this request. He knows that there is always pain with growth, as he has experienced this himself. He has heard for years from many civic groups that what this area needs is economic development in order that the young citizens ofthis area will not have to go to Washington, D.C. and New York City to get ajob. He feels the present Board, as well as those serving before, have done an outstanding job in sensible management growth in Frederick County. He feels the Boards have done a good job in keeping taxes low in Frederick County. He stated that the machinery and tools tax that has been paid by the industries brought to this county is what has kept the tax rate low. He explained that 2,000 houses could be built on this same site and presented figures on how many children could be living there, per family, and what the cost could be to the county should this happen. He asked the Board to vote in favor of this request at their meeting of June 13,2001. Charlie Weiss, President Winchester-Frederick County Chamber of Commerce, stated that industry is important to our quality of life. He further stated that pursuing business diversity helps to insure jobs for all of us. Feels we need to be pro active about planning for the future. Feels Minute Book Number 27 Board of Supervisors Meeting - Public Hearing on Rezoning Request of Mid-Atlantic Technical Business Park (Shockey Rezoning Request) - 06/12/01 298 Frederick County Officials have taken in to consideration all the factors affecting this regions quality of life before endorsing this request. The Chamber feels it is important to address the entire needs ofthe community as addressed in this comprehensive plan; therefore, the Chamber encourages the Board of Supervisors to continue on the path of smart growth with this current comprehensive plan. Dou~ Toao. Past President of the Industrial Parks Association, and president/owner of several businesses in Frederick County. He listed five points of why he is endorsing the request that is before the Board. He asked the Board to plan for the future and plan for it right and urged the Board to vote in favor of this request. James L. Lool!erbeam, Past Board of Supervisors Chairman, asked the Board to approve the application for the Shockey Company. He stated that this application was approved by the planning commission and fits well within the comprehensive plan. He feels this plan has worked very well for Frederick County for a number of years. He stated that ten years ago when he was on the Board, the tax rate was 59 cents per hundred, and July I ofthis year, the rate will be 61 cents per hundred. Stated that the thing that has kept our tax rate where it is comes from commercial and industrial growth, and that is what will do it in the future. This is a great project that is being proposed by a great company, the timing is right, and he encouraged the Board to vote in favor of this request at their meeting on June 13, 2001. Dr. Ravmood Fish, resident of Gainesboro District, and former Board member. He feels people should be allowed to do with their property as they choose. He feels Frederick County is fortunate to have local people like Shockey who will develop this land in an attractive and tasteful manner, and in a way that will be an asset to our community. The best way to honor those good men who contested this ground 138 years ago is to allow the owners to develop it wisely and in good taste. He feels it would be unconscionable to oppose or deny this request. Jeff Rezio, resident of Back Creek District, his comments are to address the current environmental regulatory perspective that would be opposed to any business that would be considering a start up in this community. He stated that there were over 30,000 pages of Virginia State and Federal regulations, and is incumbent that any business understand and be in compliance with these important regulations for every facet of operation. Chuck Maddox, of G.W. Clifford Associates, commended the Board on a operating Minute Book Number 27 Board of Supervisors Meeting - Public Hearing on Rezoning Request of Mid-Atlantic Technical Business Park (Shockey Rezoning Request) - 06/12/01 99 comprehensive plan. It is not something he sees very often in engineering work throughout Virginia, especially in the northern sections of Virginia. He feels in his many years of working in Frederick County the Board has been consistent and persistent. He feels the quality oflife here is exemplary as has been expressed by many, and he feels that is due to the actions, not only ofthis Board, but of previous Boards. He knows there are those that are adversely affected; however, there is no way of running a positive planning program without making those kind of hard decisions. Tv Lawson, local attorney and secretary-treasurer of the Shenandoah Valley Manufacturers Association and a resident of Gainesboro District. The debate and public input on this zoning issue and on any zoning issue is very important and healthy to the approval process. With emotions running high, however, it is important to keep the analysis of this debate in the proper perspective, and that perspective is, does the proposal before you fit within the parameters ofthe comprehensive plan. He stated with all the time put into the comprehensive plan by staff, planning commission and you the Board, the county has a well balanced plan, and you the Board, as well as all the other participants, are to be commended for a job well done. He stressed balance for this county has already approved an 84 plus million dollars for new school construction. This does not include teachers, staff and utilities needed in order to make the schools function. The only way to continue to pay for these type of requests is through a continued balanced growth policy. A policy that is incorporated in the comprehensive plan. This proposal does meet the comprehensive plan and should be approved. Richard G. Dick, resident of Shawnee District and past Board chairman, stated that he had not made any calls concerning M1 zoning, and further, with regard to a comment that was made by Mr. Stivers concerning to a press conference that he may have attended "that some were outright lies or something", the only statement he made was" I respect the right of every individual to agree or disagree". He stated that some things change and some things never change. He listed the areas where Frederick County has played a role in. Kernstown Battlefield; County Offices, would not have been preserved had Frederick County not worked a deal with Farmers and Merchants Bank; the Kurtz Building preservation; Civil War Museum; Star Fort Preservation Plan; Historic Marker Recognition; Shenandoah Valley Battlefield National Historic District Commission; the Byrd Statue in front of the Frederick-Winchester Judicial Center. Frederick County has played a part in all of Minute Book Number 27 Board of Supervisors Meeting - Public Hearing on Rezoning Request of Mid-Atlantic Technical Business Park (Sbockey Rezoning Request) - 06/12/01 300 these, and yes, Frederick County does care as witnessed by their actions. Referred to the Eastern Route 37 Bypass put into motion by former Board Chairman Kenneth Stiles and endorsed by each chairman since. There has always been controversy as was the case when the Sherando High School was built. Asked Board to unanimously approve this request of Shockey Companies as recommended for approval by the county planning commission. RECESS The Board recessed for 15 minutes. (Time: 8:30 P.M.) CHAIRMAN CALLED HEARING TO ORDER (TIME: 8:45 P.M.) Chairman once again referred to the Rules of Order for the Public Hearing stating that each speaker will be given 3 minutes and this will be strictly adhered to. The following citizens appeared before the Board either to endorse or oppose the Mid Atlantic Technical Business Park (Shockey Rezoning): Tom Stephenson, Stonewall District, thanked Mr. Shockey for removing the M2 zoning, felt this was great, and thanked Supervisor Sager for raising the property value question as that is one that he had planned to ask. Traffic is a great concern of his, especially trucks. Trucks disobeying road signs continues to be a problem in their area, for example this morning he noticed seven trucks were parked in a NO P ARKlNG zone. He feels this industrial park will only add to this problem and asked ifthe Board had planned to add additional law enforcement to take care of this problem. He stated that in all the proponents that have spoken tonight, not one has spoken that they are from Stonewall District, everyone has been from some other district. Bill Rosenberry - Shawnee District, referred to letter that was in the Winchester Star Open Forum this past Saturday, and there are a few points that he would like to make from this letter. He referred to the committee that he has been serving on with staff from the County as well as EDC. This joint planning team has been trying to develop a comprehensive objective planning model that would bring light, instead of heat, to the subject of analyzing and understanding the financial impact, positive and negative, resulting from economic development, residential, commercial and industrial. He further stated that when they, as part of the joint planning team, had worked together on developing the new model presented, their findings toward developing their model to the Board of Minute Book Number 27 Board of Supervisors Meeting - Public Hearing on Rezoning Request of Mid-Atlantic Technical Business Park (Shockey Rezoning Request) - 06/12/01 301 Supervisors, he felt their role, that of vision, the citizens contribution was not welcome. He felt whatever the merits ofthe Shockey project voters and concerned citizens are entitled to have their input welcomed by elected officials. He hopes the County allows this joint work to continue. Dr. Allen White, Stonewall District, addressed some of the accusations received by some of the citizens in response to their opposition to the proposed industrial project in directives on how they should conduct themselves in a free open debate. As a member of VISION, and an educator himself, he wanted to remind the Board and the audience of the rights, duties, and obligations ofthe citizens who exercise their freedom of speech on issues that are so vital to their daily lives and the lives of future generations. He further spelled out what he felt were the responsibilities of elected and appointed officials. Linda Tyler, Stonewall District, urged that logic, fact and the rights of all citizens prevail through your denial of Shockey's rezoning application. This decision is not about questionable fiscal fitness for the County, or for a corporation's certain profits. It is about an established community with everything to loose. To my family and the residents of Frederick County this project is a direct threat to my life. She asked Board not to look at the Shockey employees that were present along with other contractors, but those citizens from Stonewall District that are present to oppose this plan. She feels the comprehensive plan is flawed and should be revised. She asked the Board to remember those citizens living in Stonewall District and vote to deny this request. Patricia Kuhn, Stonewall District, referred to what has been said about the preservation of History at this meeting, and yet when Frederick County students need to know about history in order to pass their SOL's, they go to Jamestown, Staunton and any where except Frederick County. She feels ifthe Board approves this request, which will take away history, they are telling the State of Virginia that history does not count. A message needs to be sent that history is important. Jim Zombro, Back Creek District, referred to the recent graduations at the county high schools. He advised the Board that if these young men and woman are not provided with the leadership and business and career opportunities in this community, then they will go elsewhere to find these opportunities. He asked that the Board vote yes for this project. Sharon Bovd, Gainesboro District, stated that Virginia has fifteen National Battlefields with nearly half of them being located in Frederick County. She advised that three ofthese have one site Minute Book Number 27 Board of Supervisors Meeting - Public Hearing on Rezoning Request of Mid-Atlantic Technical Business Park (Shockey Rezoning Request) - 06/12/01 302 in common, and that is Stephenson's Depot. Of the ten selected battlefields of the Shenandoah Valley Historic District four are located in Frederick County with two of these having one site in common, Stephenson's Depot. She does not feel that the area of tourism should be snubbed in Frederick County. She detailed the benefits from tourism to Frederick County as spelled out in a publication by VPI, and suggested that the County refer back to this. She referred to the 2 million dollars from the Shenandoah Valley Battlefield Foundation that may wind its way through the Federal Budget. The money will be available for land purchase and resource protection for the Shenandoah Valley Battlefield with the priority list showing Third Winchester. She stated that Congressman Wolfe states that the potential for tourism is unbelievable, and she feels these words need to be heeded. She feels ifthis rezoning request is approved, the County will be destroying one site common to all three Battles of Winchester, two core battlefields, and one of the most significant battlefields in Frederick County and United States History. Marie Straub, Stonewall District, feels an ethical county official should properly administer the affairs ofthe County. She referred to action by the Board at their meeting of September 27, 2000 wherein a motion was made and seconded to send the Shockey rezoning application back to the planning commission. At this time County Administrator John R. Riley, Jr. was asked to clarify the motion, and instead of clarifying the motion, Mr. Riley steered the Board away from the vote, and she feels this was unethical. She referred to rezoning land from Rural to MI in an area which will affect 13% of the county, lower the classification of all the roads in the area, endanger the lives of school children and school bus drivers, along with the destruction of historical treasurers, and burden our already over burdened fire and rescue, certainly not in the public interest, and she feels this is unethical. She feels that members of the Board of Supervisors have been both rude and curt to citizens and committees who have been to see them to address the problems of this rezoning application. It is unethical behavior as to distinguish between right and wrong when treating the public rudely is clearly wrong. Referred to letter sent to County Attorney Larry Ambrogi concerning her questions about Chairman Shickle abstaining from any discussion or vote on this request and that she received no reply to her letter. Referred to MOU signed by John Riley with the Federal Highway Administration and VDOT to design the eastern section of Route 37 in order that it would go around Minute Book Number 27 Board of Supervisors Meeting - Public Hearing on Rezoning Request of Mid-Atlantic Technical Business Park (Shockey Rezoning Request) - 06/12/01 303 Stephenson's Depot, a historical site, he should have disclosed this information to the Board of Supervisors and she feels the fact he didn't is unethical. She asked the Board ifthey would put this in their back yard, and iftheir answer is no, then don't ask the citizens of Stonewall District to accept what you would not. James Stillwell, Stonewall District, feels this rezoning should be denied and returned for additional work. He feels there is a legitimate compromise which could resolve this conflict and avoid inserting heavy industry two and half miles into the historic rural residential area. He advised that as the Board is aware of, several business men approached Mr. Shockey with a request to develop options for the site and Mr. Shockey refused to discuss any alternatives. He explained what the options could have included. He stated that it was not known what Mr. Shockey plans on doing with the remainder ofthe acreage owned by him. Feels only high-tech business/manufacturing on the west portion ofthe site with farmette buffers on the east, all developed in a California campus type development with lakes, walkways bike paths green ways, etc., etc. Feels this request is based upon poor planning and asked the Board to deny it. Ben Hallum, Stonewall District, asked if Shockey is the partner of choice, maybe. He expressed to the Board his thanks for their time in trying to weigh this decision. He advised that the citizens too have spent hundreds of hours researching all the issues. It is the citizens who have informed the Board ofthe many issues concerning this rezoning request. Asked if Shockey had put forth any plans in detail, as to what he plans on doing. Stated that until tonight Shockey had not offered any type of compromise. Many citizens have tried to find a common ground; however, anything that was offered to Mr. Shockey was politely rebuffed. Feels Board should deny this request considering the overwhelming citizen opposition. Let Mr. Shockey be forthcoming with a less intrusive plan. He feels until common ground and compromises can be reached, no zoning should take place. Vote no. Katherine Whitesell, Back Creek District, feels the issue is not the rezoning, it is not the horrendous traffic problem this will create, not the destruction of the site of the First Methodist Church in the Shenandoah Valley, the destruction ofthe historic civil war battlefield that opened the Gettysburg Campaign, the issue is that the citizens have not been informed. They have not been included in the public hearing form process. The Federal Funding for Route 37 of this leg is in Minute Book Number 27 Board of Supervisors Meeting - Public Hearing on Rezoning Request of Mid-Atlantic Technical Business Park (Shockey Rezoning Request) - 06/12/01 304 jeopardy because you did not include me, nor any ofthe citizens of Stephenson in the public hearing process for Route 37. The State Historic Preservation Officer, as well as the advisory council for historic preservation must, and the public, must all work together to make sure if a resource is going to go down the drain that everyone knows about it. There have been no public hearings on this resource that is eligible for the National Register of Historic Places in 1997, as all the hearings occurred prior to 1997 and 1994 and earlier. Asked the Board how they can expect Mr. Shockey to help bring Route 37 through and destroy a rural historic district. She feels this is illegal and she would like for these questions to be answered. Robert Solenben!er, Gainesboro District, stated that he too is a member of EDC which produced the financial study that he feels a number of people are hanging their hats on. He stated that the initial figure was $28 million then it was negotiated down to $22 million. He feels there are two flaws in this information that are very glaring. The build out time in the initial one was ten years, yet Don stated that it would probably be 20 years in his presentation, and this makes a big difference in cash flow. The second thing that was not taken into account was that anyone living in Frederick County would be working at this location. Where this is no one knows, but feels these are two very glaring flaws. He also feels there is a glaring flaw on the infrastructure, and that is the roads. He has discussed this with many of the supervisors. He feels the Duncan and Buckley and Lages Properties will be the next to be brought before the Board for rezoning request to industrial. He feels this should go back to the planning commission and the infrastructure of roads looked at in greater detail. Richard Kern, resident City of Winchester, and a past member ofthe Shenandoah Valley Battlefield National Historic District Commission. He knows first hand that the Federal Government is putting a lot of money into conserving the battlefields in the Shenandoah Valley. He feels ifthe Federal Government thinks it is worth while than surely we should. Feels this area should be one ofthe main tourist attraction in the State, and would be with a little help. He doesn't feel that it can be argued that an industrial park in the area will depreciate the value of the property owners that are currently living there. He advised the Board that they are the representatives ofthe people and you should be voting their desires. He is making this point as he served on City Council for sixteen years. Minute Book Number 27 Board of Supervisors Meeting - Public Hearing on Rezoning Request of Mid-Atlantic Technical Business Park (Shockey Rezoning Request) - 06/12/01 305 J ami Kenison, Gainesboro District, thanked Supervisor Reyes for his manner in representing his constituents as well as his willingness to communicate with them. She asked if Frederick County could learn from their neighbors of Loudoun County. She referred to a land use plan that Loudoun had prepared a number of years ago and the fact that it was rejected. The reason for this rejection was that the public had not been included in the process. She feels that Frederick County's Board has an opportunity to learn from Loudoun's mistake, your actions alone can transform opposition into opportunities. She asked the Board to vote no on this request. Dennis Kennedy, Gainesboro District, he hoped the Board could cut to the heart of the matter which is not the benefits of industry in the community, which everyone knows, but the danger of industry at this location. He hopes that no one hears of the idea that to be pro environment one must also be anti growth, the two are not so related, the key term is smart growth, and this is the promise under which his supervisor ran. He referred to the high quality of life that so many residents of Frederick County want to see continued in this County. He feels that Frederick County will experience from the Shockey rezoning congestion, noise and air pollution. There could be no worse news for the children of Stephenson. He feels this is not something that is needed in Frederick County. He referred to all the "No" signs visible at this meeting, and he knows those same people will remember any "Yes" votes on election day, as will he. Maureen White, Stonewall District, we have talked, I have talked and you have listened, and as you know my subject is tourism, the third largest industry in Virginia. She referred to the biblical story of David and Goliath, and she feels like David going up against Goliath. She does not have the funds for the big ads and media support. Her voice represents many little voices, and she asked the Board not to allow their homes to be destroyed. Do not allow thousands of vehicles to travel their country roads per day. She speaks for all the David's that do not want industry within the heart of their community. She feels the elimination ofM2 from this request is an "end run" on behalf of the petitioner thinking that the people will be so happy to be rid of M2 they will support this request. She told the Board this decision is in their hands. She asked that they do the humane thing and vote it down. Robert Wilson, Stonewall District, he stated that in the nearly twenty years that he has lived in Stephenson, he has watched a continuing worsening problem. He feels Frederick County is Minute Book Number 27 Board of Supervisors Meeting - Public Hearing on Rezoning Request of Mid-Atlantic Technical Business Park (Sbockey Rezoning Request) - 06/12/01 306 becoming a patchwork mix of incomparable land uses. He feels heavy industry is sharing too much environment and infrastructure with residential and school areas. Attracting heavy industry has become an obsession with key county officials. Now like an addiction, many planners, administrators and leaders feel that we have to have more and that nothing else will do. He feels that everyone has seen, and even some county officials agree, that there is a real good chance that this project will not create a net income, it could in fact create a net loss. Even ifthere is a net income it is ten to twenty years away from being realized. He feels this is not a good enough justification for destroying the Stephenson community along with their investment and their lives. He told the Board if they vote yes for this project they would be asked to explain to the public how they arrived at their justification to the people of Stephenson. Brandon Beck, Stonewall District, referred to this historical area and the study he published years ago on the Second Battle of Winchester which ended at the site ofthis proposed rezoning. He takes exception to the argument, the false argument, that no development can be questioned or opposed because we can't save all the civil war sites. He knows of no person that thinks we should. He stated that this particular site is the one that binds all the rest together. It is a special site speaking to us from the 17th, 18th and 19th centuries. What would economic development out there do. This is a matter of great conflict and controversy. One thing for certain is that the railroad spur will pierce that site. Jim Lawrence, Stonewall District, as a member of the Chamber of Commerce he felt that he needed to comment on the ad that appeared in today's Winchester Star. He referred to the "No Business - No Quality of Life", they claim new industry will not threaten the quality oflife for our community. That sentence is an incredible distortion. Is that what the leadership of the Chamber really believes this issue is about. With all that has been said and written about this issue in the last nine months, he asked how could anyone come up with a statement such as this. Ifthe Chamber has chosen to support this project, it would be a service to it's membership to be provided with specific information outlining the benefits of this project to our community. All he sees in the ad is a boiler plate statement, a support for smart growth, and a distorted betrayal ofthe opponents' concerns. As a source of information this ad is a disservice, not only to the membership, but also to the entire community. He feels leadership is needed in this community that will focus on the facts, and Minute Book Number 27 Board of Supervisors Meeting - Public Hearing on Rezoning Request of Mid-Atlantic Technical Business Park (Shockey Rezoning Request) - 06/12/01 307 provide information that will properly analyze and make decisions on issues such as this project. Only then will this community move toward the position of common ground. He feels the first step toward this common ground would be to vote no on this rezoning. Mike McMillian, Opequon District, is an industrialist and a strategic planner for a billion dollar business. He stated that he has quite a bit of experience with physical analysis and strategic planning, and he wanted to offer his thoughts on that at this time. If the most recent impact studies are viewed you would only find three of the possible sixteen measurable impacts to the county indicated. The financial return projected from the impact study range from a $2 million dollar per year profit to a $2 million dollar per year loss. He referred to a bar chart that shows the impact associated with it, shows that there is a total of six impacts that have been measured. He told the Board they are about ready to make a decision with only approximately 20% ofthe data being made available to them. Based on this information, he feels the developer has sole control ofthe results that will actually occur over the next twenty to thirty year period. He asked the Board if one individual could be trusted for that length of time with the county's economics. He asked if the Board wants to continue with this type of strategy called "Industrial Development is Good". He further stated that should the county continue with this type of strategy they need to understand the past results it has provided All industrial development is good, leads to higher taxes, uncontrolled residential growth, and the depletion of natural resources. Todd Shenk, Gainesboro District, is in favor ofthis rezoning request. He was a member of the Comprehensive Plan and Policy Subcommittee and a former member of the planning commIssIOn. He has a lot of respect for the work that has been done to develop a good comprehensive plan. He feels this plan has helped to develop the quality oflife in this county that many have referred to. He stated that special interest groups should have the same input as anyone else; however, this input should be forthcoming prior to the adoption by the Board when they are made an official part of the County's Comprehensive Plan. He referred to the public information meetings that were held at Stonewall Elementary School on January 13, and 18, 2000 for discussion of the Route 11 Corridor Study. The planning staff, along with the Comprehensive Planning Policy Subcommittee, were also in attendance. He explained that many questions and comments were received; however, not one comment was made about the historic value of any piece of property Minute Book Number 27 Board of Supervisors Meeting - Public Hearing on Rezoning Request of Mid-Atlantic Technical Business Park (Shockey Rezoning Request) - 06/12/01 308 within the study boundaries. All historical study documentation adopted by the Board of Supervisors at that time was considered by the committee and staff. He stated that Mark Stivers commented during the January VISION meeting that the county needed to identify and attract high tech land uses. He stated that this same individual is now fighting the proposed use of land that is intended to attract the high tech industry. He asked the Board to support the County Comprehensive Plan. Chuck Barr, Stonewall District, agrees that M2 should be withdrawn from the proposal, but the Board needs to go further. He referred to the problems this industry would create in the area of pollution and the fact that the Shenandoah Valley cannot comply with the Clear Air Standards Act. These things cannot be glossed over and ignored. He has a fear that his son and daughter will not have the same opportunity to enjoy the quality oflife that he has enjoyed for twenty-nine years in this valley. He asked the Board to protect the citizens of Frederick County and those that elected them to office. Kevin Kennedy, Gainesboro District, he would like to make some observations of things he has seen. First the people have spoken. The people tonight are speaking, and the people are going to continue to speak. Only a small amount of influential residents want this project. The overwhelming majority does not. He wonders whether there is anyone in the directly affected area that would want this project. He wonders how high the emotion might run ifthis project does not stop. He referred to the members of the planning commission and how they acted at the public hearing in February on this same rezoning request. He felt some of the members were disinterested and their body language displayed that. Jessie Suthers, Gainesboro District, stated that two things made this country great. A faith in God and it's ability to feed it's self, and we are losing both of them. He was born in Loudoun County and he hears from many residents today how bad and sorry it is, and until about twenty years ago it was a nice place to live. He told Mr. Shockey that he sees his trucks there and asked if that was the kind of progressive economics that he wanted to give to the citizens of Frederick County. He referred to the invitation that he received from Congressman Wolfe and the dedication of Third Winchester. He feels Virginia has not done a good job of preserving it's battlefields. This is the wrong place for this type of development. Minute Book Number 27 Board of Supervisors Meeting - Public Hearing on Rezoning Request of Mid-Atlantic Technical Business Park (Shockey Rezoning Request) - 06/12/01 09 Randv Forrester, Stonewall District, felt having this hearing on the last day of the public school year was wrong. He feels the message being delivered by the leaders ofthe county is that we really don't want to hear from you. Our community has been told we didn't know about the Milburn Historic District. However, based upon a Memorandum of Agreement with State and Federal Authorities, we know John Riley knew. When the planning department recommended that the Comprehensive Plan be sent back for further review to recognize the historic areas, protected by Congress, John Riley our, County Administrator, interrupted the action of the Board after a motion and second. Mr. Riley said, "Let's remember we do not want to limit what a landowner can do with his land". He told the Board this is why the county has zoning laws. He stated that everyone knows the Comprehensive Plan is just that, a plan. It is not a legally binding document. He stated that once this land is rezoned the county would no longer have control over what actually comes to this site. He stated there were thousands of uses that could be located on this site. He feels the M2 was a scare tactic on Mr. Shockey's part. He feels that Mr. Shockey thought when he told the general public that he was dropping the M2 portion of his request, that the community would be so happy to hear that M2 was gone that they would accept M l. He feels manufacturing is wrong for this area. Jack Drumheller, Gainesboro District, he referred to the high quality oflife that currently exist in Frederick County and he feels it is imperative that we maintain a proper balance within the county and continue to follow a sensible long range balanced approach to growth and development. He stated that the proposed Mid Atlantic Industrial and Technology Center is an example ofthis type of business growth that will help to build economic stability to this county for many years to come. The county enjoys a low tax rate, while demands for public services has increased. He feels if the county does not continue to attract good businesses to our county the tax rate will increase dramatically. He asked that this rezoning be approved unanimously. Pat Gochenour, resident of Shawnee District, She is also coordinator of Church and Society for the Winchester District United Methodist Church, and in this capacity she is asking the Board to deny this rezoning request. She stated that in 1813 John Milburn deeded one acre to the Methodist Church South for a place of worship documented in Book 60 page 402. On this site stood the Milburn Chapel as well as an adjoining cemetery. Emanuel Methodist Church, on the Martinsburg Pike, stands on this same site today and maintains the cemetery. She stated that Mr. Minute Book Number 27 Board of Supervisors Meeting - Public Hearing on Rezoning Request of Mid-Atlantic Technical Business Park (Shockey Rezoning Request) - 06/12/01 31 Shockey recognized the ownership ofthis one acre belonging to the Methodist Church, but what is recognition if you put a railroad spur right next to it. If this rezoning is approved, this site will forever be degraded as a historical site. Jim Giravtvs, Back Creek District, stated that when one goes into battle, as soon as the battle starts the plan has to change, because it does not go according to the way people think it should go. The Comprehensive Plan does provide a guidance, there is no question ofthat, but when a project becomes so obvious that it is wrong for that particular location, then you must say that it should not go there. At this meeting there have been numerous reasons as to why this plan is wrong for this particular site. He is a member of a very special interest group, he is a scientist and has been one for thirty eight years. He feels the water issues have been glossed over in this particular proj ect. The plan is to take the water from wherever and in this case the closest would be Clearbrook which water supply consists of a number of quarries that are dispensing 200,000 gallons of water per day by the owners of the quarry. What about the wells in the area. We are talking about 2800 homes that could be impacted in this area with regard to water supply. He feels approximately 1400 are on wells. He explained if one pollution source gets into the karst there is nothing to stop it from getting into the ground water, and this cannot be cleaned up. He has not heard facts on how the water issue will be addressed, and therefore he asked the Board to vote no. Dianne Collett, resident of Stonewall District, she asked the Board to vote no on this proposal. This will make it very difficult for her family to get out of their house. She too questioned the water supply and asked if Shockey would be paying for the sewer that is planned to be put in place. Glen Penton, Stonewall District, stated that one good thing that has come from this is that we have all gotten to know each other better. The other is that there is still a lot of work to be done, we are not there yet. He referred to slides shown earlier by Mr. Shockey and the number of business parks that were in these slides. Business Parks require business zoning, it does not require M at all. Ml, M2 or any other kind ofM, it's business, business zoning. He referred to a recent article in the Winchester Star where it referenced Mr. Shockey and the whole truth and then you saw, what appears to be a park scene along the Shenandoah Parkway. Then you refer to the whole truth and you look at the site and we see a whole site clear cut. It doesn't exactly look like a park scene along Minute Book Number 27 Board of Supervisors Meeting - Public Hearing on Rezoning Request of Mid-Atlantic Technical Business Park (Shockey Rezoning Request) - 06/12/01 1 1 the parkway. The whole truth, what is the truth. An earlier speaker stated that if you own the land you can do whatever you want to with it. Think about it. A lot of county citizens as well as organizations are interested in smart growth. Smart growth is becoming a strong movement in this community as we are interested in our community. This rezoning request has seen changes, I'm in this business, its hard to keep up with it. How can a decision be made with so many changes at hand. The Comprehensive Plan is flawed, we have a lot of work to do. We have time, we need to go back to the drawing board and get it right. Ross Beck, Stonewall District, stated that pretty much everything has been covered up to this point. There is one area however that has not, and that is property reassessment other than the 1 and 1 mile radius. He referred to the historical part and that reassessment. He further referred to the statement made earlier about the largest calvary charge in U.S. History. He can see the billboards saying come to Stephenson's Depot to see where this happened, and this could be expanded from there. What about the positive part, what if the area was preserved. What then would happen to the property values around this area. David Hurd, Stonewall District, retired and moved to Stephenson area two years ago. He addressed the heavy emphasis on the sanctity of the Comprehensive Plan. He has been thinking about this as the evening has progressed. He feels the cart got before the horse in this particular instance. He stands with Ms. Whitesell that Mr. Shockey bought the land prior to the existence of a plan; therefore, he cannot in good conscious stand on the plan as the basis for Board of Supervisor approval. He told the Board that they are not violating the plan if this is disapproved, as Mr. Shockey speculated long before that. Please deny this rezoning request. Dwavne Laue:hlin, did not give district, he is present to endorse this rezoning request, and to present a letter of endorsement from Terry Stone, former member of the county planning commlsslOn. Jackie Wadsworth, Stonewall District, she was very pleased when she heard that Mr. Shockey was taking out the M2 zoning until Mr. Stivers outlined some of the businesses that are allowed under the Ml zoning. She does not feel these types of industry are compatible for residential areas and not something that children should be exposed to. She stated that her son has played in Jordon Springs Run since he was three and the run off from this proposed park would go Minute Book Number 27 Board of Supervisors Meeting - Public Hearing on Rezoning Request of Mid-Atlantic Technical Business Park (Shockey Rezoning Request) - 06/12/01 312 into Gordon Springs Run. She feels with all the known and unknown health risk to the citizens, and especially the children, that this industrial proj ect could yield, the Board of Supervisors would be remiss in their duties to allow such a project to be built in the mist of their residential community. She asked what is the quality oflife they speak of if the air and water is polluted. Geoq:e Semples, Shawnee District, stated by this time of the evening you have heard it all. He is not an associate nor employee of Shockey Company. He stated that he felt compelled to apologize to the Board members for some of the things he has read in the paper that was kind of slandering them, and questioning their integrity. He thinks the Comprehensive Plan is good planning, and that a strong tax base is needed, and he appreciates the lower tax rate that is currently in Frederick County. He asked Board to support this request. Heinz Gunther, Opequon District, he has taken time to inform himself of this rezoning request and visited the area. He feels it is a good choice, and urged the Board to approve it. Lorraine Kine:. resident of Stonewall District, she stated that most of her feelings have already been presented by friends, who are better speakers than she is. She hopes the Board has heard everything that has been presented with an open mind. They are not radicals, they are not unintelligent beings. They have deep concerns, and she hopes the Board will see their concerns as such, and asked that they not destroy their neighborhood. Tom Malcolm, Shawnee District, has lived in Frederick County for thirty- six years. He is a past Board member and has served on both sides of the fence. He stated that households do not support themselves through the payment of real estate taxes. Frederick County will pay $3,500 for every student that attends public schools next year. He further stated that the average being paid is $583 per property owner, per parcel owned, per year in real estate taxes. He stated that for thirty years this county has been discussing what can be done to provide a balanced tax base. The answer to that question is an appropriate mix of real estates taxes in addition to business and industrial taxes. He referred to a few years ago when the City of Winchester annexed a portion of Frederick County at which time the homes in Sunnyside stayed in the county while the industrial park was transferred to the city. This was done to provide a balance to their tax base. If the work of EDC is to be productive, the county needs this site or other sites for industrial development. Bruce Wilson, did not state his district. He wanted to pose a few points to ponder. Minute Book Number 27 Board of Supervisors Meeting - Public Hearing on Rezoning Request of Mid-Atlantic Technical Business Park (Shockey Rezoning Request) - 06/12/01 313 For those of you that have questioned the integrity of our elected officials in regards to this issue, he would ask those individuals the following: If Alex Haley were to do a "Roots" of the Shockey Companies in excess of a hundred years old with their employees, subcontractors, suppliers, and families, how many in this room tonight could say they are not rooted with the Shockey Companies. For those of you that left the urban sprawl to locate in this area have you considered that you have only contributed to it here. Why do we have an EDC? Ifwe are going to continue with the mind set that we are never going to host a wedding or honeymoon why do we spend hundreds of thousands of dollars leading Cardinal Glass's and Frito-Lays to the alter. He asked those that are opposing this request to drive thirty minutes east, north or west and tell us what we have to complain about. As a general contractor and a competitor of Shockey Companies from time to time, he deals regularly with the planning and building process. He hopes the Board of Supervisors reach the right decision based on the relevant information they have been presented. Bill Kin!!:, resident of Stonewall District, stated that as a youngster growing up III Pennsylvania, one of the highest compliments that you could give someone is to say, "that he is a man of his word". No written contracts, and he is sure that Mr. Shockey can remember those days, a long time ago. He mentioned this as he has a copy ofthe Shenandoah Valley Battlefield Report, the final management plan. On May 24,2000 a resolution of support by the Frederick County Board of Supervisors, as well as Mr. Riley, the county administrator, agreed to protect and preserve these battlefields. You agreed, all of you, to do that. If you sign off on this project, as it is proposed at this time, and you allow a rail spur to be built through the middle of the Stephenson's Depot Battlefield, that will be the end of a historic value of the Stephenson's Depot Battlefield. There is no question about that. A 120 foot wide spur that will destroy that area, and you will be going against your word. The word that you gave. You will be violating the trust of the people of this county, please don't do that. Don't let that be your legacy. Sam Lehman. Back Creek District, he is against tax transfers and he feels this is what is being done here with this economic development program. He thinks the best thing the Board could do for the Frederick County taxpayers is to "chuck it". These people that talk about low tax rates must not own much land in Frederick County. He referred to the figures from the last reassessment and those owning more than 5 acres not in land use taxation went up over 31 %. Since 1987 the Minute Book Number 27 Board of Supervisors Meeting - Public Hearing on Rezoning Request of Mid-Atlantic Technical Business Park (Shockey Rezoning Request) - 06/12/01 314 county has had seven tax increases. His taxes have gone up 213%, what is this low tax rate alone. He doesn't feel that you can divorce the cost ofthe employees of industry from the industrial impact analysis anymore than you can divorce the cost of the residents of homes. By that logic homes would be making the Frederick County Government money. He stated that the county commissioner of revenue stated that the Shockey project, as originally proposed, would make the county $28 million dollars in a ten year period. The commissioner did not tell the citizens that she did not figure. in any ofthe cost. However, citizens McMillian and Rosenberry, who are experts in this field, tell us that only considering part ofthe cost it would probably cost us $48 million dollars over a ten year period. One of the major difference is the cost of the employees. Mike Webber, Stonewall District, his property adjoins the McCann property on two sides. He feels this is a beautiful piece of property and he feels destroying the Milburn corridor would be a grave mistake. Taken the rail spur between the cemetery and the small area battlefield on the north side would split up everything. If the rail spur would have to go through it should definitely be moved north. A road that goes into a development only having one entrance, he has never heard of such a thing. In the future we will build a road out the south end, but we don't even have access right now. It is not in the right place, it's not the right name. Why is it not Mid- Atlantic Tech Center. Ifwe are talking about bringing high paying jobs in a clean non polluting, non user of all our resources, let's go with the technology center. Lets knock off the industrial. Clean industry, leave the Milburn corridor alone, move it west over the ridge. It has been said that we are giving up on agriculture, it is not profitable, we cannot pay the taxes. This county lived on agriculture for hundreds of years. This is a great historic farm, there before the battlefields, we need to preserve some of our open space. We can't put industry on everything and he referred to the Buckley property across Route II that has 250 acres already zoned. It has a rail spur right through the land that can be developed. We know the Duncan property is going to be redeveloped, it adjoins it. There are three pieces there almost 600 acres that has rail spur through it right by Interstate 81, look at the roads, are we going to subsidize more industry. We built the plant. We have heard there are so many compliance laws that they wouldn't get by with it. He wanted to know how Flying J can constantly be out of compliance with all these rules and laws, but they are. The county is going to spend $7 million dollars, of our road funds, to build a new bridge to accommodate Flying J, one Minute Book Number 27 Board of Supervisors Meeting - Public Hearing on Rezoning Request of Mid-Atlantic Technical Business Park (Shockey Rezoning Request) - 06/12/01 15 business. What about the bridge on Jordon Springs Road? Williams Simmons, did not state district, stated he is a twenty three year resident ofthe area. First years in Frederick County and the last ten in the City of Winchester. He has been employed by the Shockey Companies for these twenty three years. He stated that much has been said and specifically tonight many opinions have been expressed about the Mid Atlantic Tech and Industrial Center. He is not present to question the right of anyone to have their opinion, only to question the responsibility, to be factual and deal with the best long term interest of Frederick County and our area. He feels the real issues for him are do we want a balanced economic growth, and a stabilized tax base, and he says the answer is yes. Does the county want to provide better job opportunities in order that future generations will have the opportunity to live and work in the community that they have called home while growing up. The Shockey Companies and their families have served this community well for over a hundred years, and to have their integrity questioned is unfair. He named some of the organizations that have received some of the Shockey generosity. He asked the Board to do what is right. DOll!! Cochran, Stonewall District, referred to the 530 allowable industries that Mr. Stivers referred to earlier under Ml and M2. 386 ofthese still are allowable under the Ml zoning. He noted some of these uses. He noted that certain questions need to be asked before accepting Shockey's new traffic numbers. He referred to Mr. Copp's comments about the 1999 Comprehensive Plan clearly states most roads in Frederick County are currently operating at(a) or (b) level of service. It further stipulates that these levels should be maintained, remember (c) is the minimum that is acceptable. He has often heard it said that Shockey owns the land, therefore, they should be able to do with it as he pleases. To support this point of view flies in the face of the whole theory of zoning and land management. The process of zoning land for specific uses was established for the very purpose of preventing the inappropriate mix of different types ofland use. If you really believe that a landowner should be able to do with their land as they wish, then why did this very Board deny the conditional use permit of Daniel and Lisa Moore to do a landscape business out of their home on Green Springs Road. Why, because several of the Moore's neighbors spoke against it, because it negatively impacted their ability to use and enjoy their land as they desired. He feels this decision by the Board was correct. The impact the Moore's operation was having on their neighbors is Minute Book Number 27 Board of Supervisors Meeting - Public Hearing on Rezoning Request of Mid-Atlantic Technical Business Park (Shockey Rezoning Request) - 06/12/01 316 negligable when compared to the negative impact the Shockey Industrial Park will have on 2800 plus families that live within two miles of the site. He asked the Board to look at the number of citizens that have turned out to let the Board know that they do not want to endure all the negative impacts that have been discussed here tonight. He feels Shockey's only argument is that this proposal is consistent with the Comprehensive Plan. Even ifthis request follows the plan to the nth degree, it still is not morally right to destroy the lives and rights of so many to benefit so few. You must deny this request for the good of the community. Allen Hudson. developer of Eastgate Industrial Park on Tasker Road and 522. He has been a developer of industrial parks for over twenty years in this area as well as others. He has no personal, financial, or business dealings with the Shockey organization whatsoever. However, he is here to recommend approval of this application. He feels the one element that has been glossed over here is that Frederick County is surrounded by jurisdictions that are favorably inclined by industrial development. He referred to Warren and Shenandoah Counties as well as those in West Virginia. There is an industrial park within ten minutes of this proposed park that would love to have this park if it is not approved. The industries would locate there with the workers living in Frederick County because Frederick County has superior schools as well as superior housing. The industries will locate where they are welcomed and they will locate in a park that welcomes them. He knows there are pros and cons as to the financial benefits that might be derived from an industrial park. He personally knows first hand that this park will benefit Frederick County tremendously. He feels that both parties should select a third individual who could look at this thing and give it an honest answer. The Shockey organization is a first class organization. He has always been impressed with them for as long as he has been in this area, and he feels the Board should vote yes on this request. Will Stivers, did not state district, feels he has heard just about everything possible and feels the Board has also. The only thing he has not heard is the general welfare is included in a preamble. One offour items. If you know the preamble of the Constitution you know that the general welfare is an important factor in our association with our brothers and sisters and the people of the county. He is interested in seeing the welfare of the people protected. Brett Bovd, lifetime resident of Gainesboro District, he feels the Board must deny this Minute Book Number 27 Board of Supervisors Meeting - Public Hearing on Rezoning Request of Mid-Atlantic Technical Business Park (Shockey Rezoning Request) - 06/12/01 317 rezoning request. Simply because this park is in the wrong location. He stated that the County Code states that industry may not be compatible with nearby residents. This should also have included schools. He agrees with the Shockey speakers in that economic balance is necessary as he is a business person himself. He stated that the county currently has nine hundred acres already zoned and vacant with infrastructure in place or close proximity. Why do we need an additional 404 acres that does not have any of this in place, and more over it, is on a battlefield. The Shockey project does not have one proven positive benefit for the citizens of Frederick County. He asked the Board why they would risk the taxpayers dollars on a project, in a residential area, with schools that could be a financial loss to the county, and destroy a battlefield and historical site at the same time. To him this is not smart growth. He presented a petition with 3200 names as well as forty-five letters opposing this request and asked that these be made part ofthe official record. He suggests that this discussion and the people hear tonight represent a new attitude, a new point of view, ofthe citizens of Frederick County. We represent a recognition that not all development and not all building is good. We represent a recognition that development does have real costs in the short term and in the long term as has been stated tonight. We represent a recognition that resources such as farming, wildlife habitat and history are valuable to our lives and our world. For the last nine months, and especially the last two weeks, you have heard compelling reasons to turn down Mr. Shockey's request to rezone. These include the effect this will have on our water, especially ground water. The potential storm water run off, which you have heard, can be devastating. The effect this would have on property values and the incredible traffic volume. The very real historical significance of the Milburn Historic District as you have heard again and again tonight. He along with others have offered a number of alternatives that they will be happy to pursue once you have turned down this request. He stated that Mr. Shockey had referred to a time frame ofthis industrial park of twenty to fifty years. We here in the audience are worried about the next hundred plus years, and they hope they can count on this Board to reserve the resources ofthe county by turning down this request and reviewing the Comprehensive Plan. Mark Snanl!:ler, Back Creek District, he is not present to tell the Board how to vote on this request. He is only here for one reason, and that is to remind them that they were elected to represent the people, to uphold the public good. Where we can't, you can. That is the only question here. Minute Book Number 27 Board of Supervisors Meeting - Public Hearing on Rezoning Request of Mid-Atlantic Technical Business Park (Shockey Rezoning Request) - 06/12/01 318 You have a tough job, I don't think anyone here would want to put themselves in your position. There is so much data here to take in, and it must be a phenomenal decision to make. He didn't think there is a doubt that Shockey is a wonderful company, some of his closest friends work for Shockey and they only hear good things. There is no doubt that economic benefits can happen from industrial parks. The question is, is this the right place. The only issue here is the place. He asked the Board to deliberate carefully, and if you can't make a decision, send this back for rework. This can be worked out to a better resolution than the current plan. Ifthe Board can't work it out then turn it over to public referendum and let the public vote on it. John Strvka, Stonewall District, once MI is in, a new request will be made and M2 will be in piece by piece. A rail spur will destroy a historic site so that Route 37 can be put in. His family is suffering already, and industry is not here yet. He was told he could not build a church and have a religious book store because his land is ear marked for industry. Trucks dump their trash on his property and he has to pick it up, he doesn't get paid for that. His well was drained out by the Sanitation Authority in their drilling to acquire water for the future needs of industry. His sixty foot well was producing 35 to 40 gallons per minute, and now he has a new well drilled by the sanitation authority that is three hundred feet and he gets 5 gallons per minute. He is just waiting until the area gets a bad drought. He has not received any type of response in writing, nor has he received any compensation for any of his losses. He also takes in all the smog that is already there. He addressed the emissions and the fact that EP A standards have already been violated. John Good. Jr., Gainesboro District, has a few house keeping matters for the applicant that each Board member has received. The proj ect background information, they would like to make that a part of the record for this hearing. The economic analysis that has been bounced around from a marginal loss by the opponents to $48 million dollars. He has seen one version of this that was about a $46 million dollar loss that included almost $3.3 million dollars a year of administrative costs that were assessed against this project. That is over $8 thousand dollars an acre per year. They do not know what those costs are, but that was in one of the economic models. Furthermore, as far as the capital expenditures the county might incur, they were estimated to be around $3.8 million dollars. In one of the models developed earlier this year by the opposition those cost were in there, not once as they should have been, but every year for the ten year period. Because inflation Minute Book Number 27 Board of Supervisors Meeting - Public Hearing on Rezoning Request of Mid-Atlantic Technical Business Park (Shockey Rezoning Request) - 06/12/01 319 was added that caused a $40 million dollar excessive cost. If we are going to change economic models, we should get them right. Furthermore, the opponents have argued that many employees will move to Frederick County when new jobs are created. He has done a very quick and unscientific study of seven employers north, east, and south of Winchester, and their employment base who live in Frederick County and work in Frederick County is 28.61 percent. He wanted to correct something for the record. The property purchases by Shockey were not made in 1995, the bulk of it was made first in 1996, and the most important parts were purchased in October of 2000. Mr. McMillian and others asked if we could trust one individual with our industrial development, and ifthis would pass, you would no longer have control. He has worked for Shockey Companies twenty-two oftheir over one hundred years and they have worked with people the whole time. They have never been the lone ranger on anything. "The Partner of Choice" is more than a slogan. He referenced Ms. Gochenour and the church, Shockey promised months ago to work with the church and they will certainly take care of them on their one acre. Rail versus trucks. Every rail car I am told takes three trucks offthe road. We still have the restrictions on the property that were put in the proffers, they have not been removed. By the way, I am in favor ofthe project and urge you to vote for it. Geor~e Ohrstrom, resident of Clarke County, had all kinds of things to say when he came before the Board, but you have heard it. He will keep it short and simple as it is getting very late. He thinks the important issue here is that there is no information on what industry is being brought in, so he thinks the best thing for the Board to do is to refuse this application and ask Mr. Shockey to resubmit it with all the pertinent information that is available. Then the Board could make a decision on what is going in to the park. Carolvn Willi. of Back Creek District, stated that she had never spoken in front of an audience before, but felt compelled to provide a face and a voice to some of the 3800 people that have signed a petition who don't live in the Stonewall District. She is not anti Shockey, she is not anti growth, she represents the views of most of her friends. She believes we do need economic development and stability within our community. She believes there is a place, an appropriate place for that kind of development. An industrial park does not belong in that area. There are areas within that community that would be much more appropriate. She has young children, most of her mends Minute Book Number 27 Board of Supervisors Meeting - Public Hearing on Rezoning Request of Mid-Atlantic Technical Business Park (Shockey Rezoning Request) - 06/12/01 32 have young children, and they would like nothing more than to come back to their community to work as adults. Bringing high tech jobs will do that. Heavy industry will ruin the environment and the reason we all live here. David Darsie, Stonewall District, honesty in government, that is why he is here. The residents of Stephenson are playing catch up. He has a letter from Mr. Shockey from which he quoted one paragraph. Nevertheless, I must be entirely straight forward regarding our commitment to the development project we had planned. The proposed Mid Atlantic Industrial Tech Center is in direct response to a need identified by economic development leaders and Frederick County. A need that has not changed since we first learned about it in 1995. Who is Frederick County? We have been playing catch up. The Comprehensive Plan was formed around prior knowledge. We have been playing catch up in Stephenson and by God I think we finally made it. Gentlemen, this process is not about Don Shockey and his company, this is about you, the elected officials of Frederick County. As Mr. Shockey has stated he is merely doing what was suggested by you, our county government. Ifhe had passed this up you would have merely found another developer to do the job. Why did you choose this site? Was it railroad access? No, there are other large tracts that would not even involve an intrusive rail spur. Was it the excellent highway system that we have out in Stephenson, sounds good doesn't it Charlie. No, this site is about as far from 1-81 as you can get and it still is not even on Route 11, and we are coming out one exit. This is a good site, I'm pumped. Was it available water and sewer, no neither one is available at the site, by God we are going to drill, we are going to pipe it, it's a heck of a site, I'm getting excited now. Does this site protect residential sites? No, clearly that sucker is setting right in the middle of one. So what was the compelling reason for Frederick County to gulp down Shockey. Gina Forrester mentioned it earlier tonight, I'm a cynic, I hate to be one. I think the answer is very clear, this is all about Route 37 East. You need State and Federal Funds to build that highway. Frederick County can't build it, you know it. The last time I heard the figure it was $220 million dollars. This man is your mercenary. Jules Blaze'j, Back Creek District, did not come to this meeting prepared to speak. Everything that has come to his mind of importance concerning this request has been addressed with the exception of one thing. The property rights of the homeowners that live in the immediate area of the property in question. He doesn't feel those folks would have bought a home in this area a Minute Book Nnmher 27 Board of Supervisors Meeting - Public Hearing on Rezoning Request of Mid-Atlantic Technical Business Park (Shockey Rezoning Reqnest) - 06/12/01 321 number of years ago or even a few years ago, had an industrial site been located at this location. They bought their homes because it was in the county, agricultural etc. I think you need to consider this. Don Smith, Stonewall District, he has listened intently as many of his neighbors and friends have spoken to the Board tonight on issues that concern us all. Thanked the Board for the opportunity to be allowed to address this in public forum. We live in the beautiful Shenandoah Valley and it was created by God and nature, and I believe now that man is destined to destroy it. We have determined that this area is non attainment as far as air quality. We have used the word drought to describe our water conditions for a lengthy amount of time. Yet we are here tonight contemplating adding to this ultimate misery that we may face disaster in the future. Instead of addressing these issues and finding a solution we are contemplating using more of our resources. I caution you that we should move cautiously on these issues before we approve more and more development, and we will absolutely not have any resources left. When my well dries up who do 1 see about that condition? Dinah Smith, Stonewall District, feels pretty much every thing has been said, but she wanted to go on record opposing this request. Bob Pownall, Shawnee District, he was happy to hear from Mr. Hudson of East gate as that was approved four or five years ago. In all that time there has only been Jouan, Special Made and a warehouse at this location. This means more then twenty years for Eastgate, so he feels that we have to look at more than existing land before approving more. Referred to what had been talked about as far as B 1 or B2 and he asked would it not be better to have Mr. Shockey to proffer in what he will put there. He referred to Ironworks that is on Route 277 proffered in only what would be located at the business site. This helped to alleviate the fears of the adjoining property owners. He referred to the requirements for paving, felt this was very important. Stated that this site is in a non attainment area which means we would not have to deal with any type of power plants being built there. He hopes all the people that signed the petition remember to vote in upcoming elections. He thinks this is an area where a lot of the problem rests, and if people would just vote we wouldn't be in some of the situations that we are. Brandon Kuhn, Stonewall District, he is Frederick County's future. Have you ever stood Minute Book Number 27 Board of Supervisors Meeting - Public Hearing on Rezoning Request of Mid-Atlantic Technical Business Park (Shockey Rezoning Request) - 06/12/01 322 on the side of a road when a tractor trailer passes next to a school bus? He has had that happen and it is scarey. We as children and young adults have the right to be free, not a hostage in our yard. When we are out on our bikes are we going to have to worry about an eighteen wheeler bearing down on our back tire. Tourism is the largest tax base in most of the civil war states. Gettysburg, huge amount of income, but we are not saving any. Men and children put their lives in danger for the civil war battles. Are we going to have to do the same in order to protect our community. I ask you that now. There is a movie that I would like for you to watch, Erin Brockavitch, it basically has the same thing that is going on here. Richard Tvler, resident of Stonewall District, stated that he has adopted Frederick County as his home sixteen years ago. He lives offof761, which is also Charles Town Road. Do we need a tax base, yes. Has the Board of Supervisors provided for industrial growth, yes. Not in Stephenson though. Why is this being proposed in Stephenson when there is land zoned for Ml and M2. It is clear that money is the driving force here. $2500 an acre turns into $50,000 an acre. Now I'm learning about Route 37 and the back door to get 37 in my neighborhood. This is wrong, they are asking for land to be rezoned in Stephenson. The upmost concern, I believe for that is how does it affect the community, and this affects the community poorly. The people of the community are against it. It will disrupt their life. He bought his land because of the peace and quiet, and serenity and that will be destroyed for greed for $47,500 an acre profit minus the small cost. The people of the community that this is being proposed for should be the driving factor in the decision, and the people of Stephenson have said, no we do not want it. Bill Myers, Stonewall District, adjacent land owner. He referred to what Mark Smith had to say about the land area separation. Based on where his property is located he would like to know if we need to have separation between residential and industry, why they clear cut the conservation area. The back side of his property, he is just guessing, but would say some where around thirty acres and when he went out the back of his property there used to be oaks somewhere around 20 to 30 feet, they were beautiful. There are no trees at all there anymore, and this is a conversation area. He has a problem with this. He referred to Director Wyatt's report and site suitability. He does not know a lot about this area; however, in reading his report and Greenway Engineering report there is some contradiction. The steep slopes and regulations concerning development ofthese slopes was Minute Book Number 27 Board of Supervisors Meeting - Public Hearing on Rezoning Request of Mid-Atlantic Technical Business Park (Shockey Rezoning Request) - 06/12/01 323 an area of contradiction in these two reports. The followin~ are individuals that spoke earlier in the hearinl!: and have asked to speak al!:ain: Sam Lehman, resident of Back Creek District, The Board recently gave $l.5 million of Frederick County taxes to bribe industries to come, like Kohl's warehouse, Jouan's Special Made, Ziegler, Kraft, Hood and Coke Cola, and gave local and Federal taxes to our 99----airport, the Gore Railroad and our telecommuting center. Despite all of this over the years, apparently our high school seniors are still leaving to look for jobs elsewhere. He stated that a previous Board Chairman had said that he found some unsigned post cards that had been sent out. Mr. Lehman stated that he had something to do with this. The postcards were not unsigned, and perhaps he did not understand that Save Stephenson is a group that has been meeting of75 people for a year now to fight this project. The other card is from Save the Water which has been meeting for three or four years on the water needs of Frederick County. One ofthe trips taken by this group was to Fry's Quarry. The manager explained that they pump .2 million gallons a day(200 thousand gallons) and it does keep the other quarries dry enough to work. How the County Sanitation Authority is going to get .4 million gallons a day for Shockey and whatever else comes around here boggles the mind. Jack Drumheller, resident of Gainesboro District, Don Shockey is currently proposing to develop a first class business park that will offer an opportunity for first class business and industry to locate in Frederick County. He feels the plan has been developed in accordance with the county's Comprehensive Plan and has exceeded what is actually required. He believes that he has answered the issues of buffering and screening, transportation and road improvements, water and sewer and now he has agreed to eliminate all M2 zoning. He feels the major concerns and issues have been addressed in his proposal. He does respect the right of those individuals that still disagree and oppose this project; however, he does believe that recently some of the opponents have escalated their attacks on the developer, the planning commission, the Board of Supervisors and county officials and that this serves no useful purpose. Ifthis request is approved it does not grant the right to pollute. Each new business still has to receive site plan approval and meet all State and Federal laws and regulations. We don't have to look very far to see the negative affect the lack of industry can have on a county budget, and the individual tax payers. This project will in fact have a Minute Book Number 27 Board of Supervisors Meeting - Public Hearing on Rezoning Request of Mid-Atlantic Technical Business Park (Shockey Rezoning Request) - 06/12/01 32 substantial long term positive impact on our county. It should not be judged short sighted on rumors or emotions. This project needs to be judged on the facts of whether or not it meets the long range plans of the county, and benefits the majority of Frederick County and its citizens. Pat Gochenour, resident of Shawnee District, she asked for a clarification of an earlier statement made by John Goode, Jr., and what the Shockey Companies plans were for the Methodist Church. Dou~ Cochran, resident of Stonewall District, lot of comment made about chemical warfare gases and although M2 is now off the table I need to make the statement simply because that information is being used to impugn a lot of the work that other people have done that was not a lie that is not out of the question. Under M2 if you look in the OSHA Standard Industrial Classifi- cations 2869 Industrial Organical Chemicals not elsewhere classified are addressed. Important products of this industry include #8 - Chemical Warfare Gases, okay, so that was not a lie, and I think that is exactly why, even under MI, that on January 26, the planning commission staff recommended that Mr. Shockey list what could go in that park instead of his insistance on listing what would not go in the park. There are 380 some classifications still on the table, a lot can go in there. Chairman Shickle asked those present not to come forward unless they had new information to offer. Jami Kenison, resident of Gainesboro District, a personal insight from 1989 to 1997 when her family lived in Chandler, Arizona, thirty miles from Phoenix. She referred to the type of industry that was in this area and her concerns with Frederick County courting companies that have hazardous materials. Her concern was not on ly having these types of materials within the plant, but also the transportation of this same material to and from the plant. Having adequate staffing of firemen and equipment to handle this type of fire/explosion also concerned her. Steuhen Brown, resident of Stonewall District, stated that he has a degree in environmental resource management, and has been looking into development problems for the last twenty years. His idea of what really sound development is going to look like, and you really know how to do it is a lot different from anything that he has been seeing in any ofthese type of proposals. He feels the site should be self sufficient in water and the workers need to live near the site. An industrial Minute Book Number 27 Board of Supervisors Meeting - Public Hearing on Rezoning Request of Mid-Atlantic Technical Business Park (Shockey Rezoning Request) - 06/12/01 25 park is a concentration of businesses set up to export things all over the place with motorized transport is going to look like a dinosaur down the road when we are ----interested in what we are doing. He feels there will be problems with this site. Things will come from off site and will leave this site. Referred to Jordon Springs and its slopes. Catherine Whitesell, resident of Back Creek District, stated that she wanted to present a few facts. Stated that the group that has been opposed to this rezoning has been portrayed as some sort of slanderous, back stabbing, hateful group. She asked that this be made part of the permanent record. Mr. Harrington Smith can attest to the fact that he was sitting at the table. Our county administrator made a joke, when he said, you tell your sister I will be glad when there are no more battlefields, he repeated this sentence again. Now I don't think Mr. Shockey would be very happy to know this was said, in lieu of all of this. She knows that Mr. Shockey is an honorable person. But she does have a question about what was said, and she feels it should be answered. Why has the civil war trust been told that they are giving out misinformation. Why have they been told never to approach our chairman again. The civil war preservation trust is a landowner in this county. They have purchased 277 acres of Third Winchester. They are proponents for battlefield preservation, and I feel if this Board tomorrow night does not vote in favor of a preservation stance that we have a serious problem. I am sorry to bring this out in a public venue, but it is very upsetting to me, as 1 have been working pro actively, and 1 am not lying. I have been working pro actively on another project that is the site ofthe culmination ofthe largest battle in American History, the largest calvary charge starting from Stephenson's Depot, half mile long going down Valley Pike, and ending up at Fort Collier. Has the county been able to help me with the project, why would they. They helped Kernstown and we do appreciate that. But I think this pledge of no more battlefields may come true tomorrow night, that will be it. Randv Forrester, Stonewall District, he wants to dispel a myth that keeps coming up. This project has the word technology center in it. What people hear when they hear technology center is the kind of technology that is not manufacturing. It is a misnomer to say, with forty percent of our population leaving to drive across the mountain to Northern Virginiajobs and Loudoun County to say these people are leaving our county for manufacturing jobs is wrong. This proposal is asking for Ml, this is manufacturing. Please don't be mislead. Minute Book Number 27 Board of Supervisors Meeting - Public Hearing on Rezoning Request of Mid-Atlantic Technical Business Park (Shockey Rezoning Request) - 06/12/01 326 Sharon Boyd, Gainesboro District, wanted to address something on a personal issue, a personal level and a personal note. She read something in the paper. We were asked questions by the Winchester Star and asked to answer questions, as she believes Mr. Shockey was also. One of the questions was, how has your life changed - how has this impacted your life since this started. Mr. Shockey's response was, it hasn't, this is a project. Quite to the contrary, I can't begin to tell you how much my life has changed. These people that live here, they are not a project, this is their life. They are fighting to protect their homes and their families, their children and their future. What they have already given and what they have already lost can't begin to be mitigated. I don't know how anyone could say they could mitigate this if it is rezoned. You can't mitigate what has already been done to this community, what these people have sacrificed and what they have given. I beg of you and I pray to God that you turn this down. Chairman Shickle declared the public hearing closed. He thanked the citizens for their participation. The Board is very indebted to all of you who have stayed to the wee hours with us, spoken to us, given us your opinions and we do appreciate it. UPON MOTION MADE BY SUPERVISOR ORNDOFF, SECONDED BY SUPERVISOR SMITH, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS PUBLIC HEARING IS HEREBY ADJOURNED. (TIME: 12:15 A.M.) , ~ C~L~ Richard. C. Shickle Chairman, Board of Supervisors Minutes Prepared By: ~ T 03CUf~ Carol T. Bayliss Deputy Clerk, Board of Supervisors Minute Book Number 27 Board of Supervisors Meeting - Public Hearing on Rezoning Request of Mid-Atlantic Technical Business Park (Shockey Rezoning Request) - 06/12/01