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PC_02-07-01_Meeting_Minutes® MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the auditorium of the James Wood Middle School on Amherst Street in Winchester, Virginia on February 7, 2001. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; Greg L. Unger, Back Creek District; John H. Light, Stonewall District; George J. Kriz, Gainesboro District; W. Wayne Miller, Gainesboro District; Richard C. Ours, Opequon District; S. Blaine Wilson, Shawnee District; Robert A. Morris, Shawnee District; Gene E. Fisher, Citizen at Large; Sidney A. Reyes, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: John R. Marker, Back Creek District; and Vincent DiBenedetto, Winchester City Liaison STAFF PRESENT: Evan A. Wyatt, Planning Director; and Renee' S. Arlotta, Clerk. ® CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - December 6, 2000 Upon motion made by Mr. Thomas and seconded by Mr. Kriz, the minutes of December 6, 2000 were unanimously approved as presented. Historic Resources Advisory Board (HRAB) - 01/08/01 Mtg. Mr. Morris reported that the HRAB discussed issues that are on the Planning Commission's agenda for this evening. Frederick County Planning Commission Minutes of February 7, 2001 Page 614 -2- Economic Development Commission (EDC) - 02/02/01 Mr. Roger Thomas reported that the EDC discussed various topics regarding economic development in the County. Mr. Thomas gave each of the Commissioners a report regarding facts and figures on the status of Frederick County and development in the County. He said that if Commissioners had questions on the report, it could be discussed at a later time. PUBLIC HEARINGS Rezoning #04 -00 of Mid - Atlantic Industrial & Tech Center (continued from 11- 15 -00), 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 (Rt. 662), south of Old Charles Town Road (Rt. 761) and southwest of Jordan Springs Road (Rt. 664) and is identified with P.I.N. 44 -A -31, 44 -A -292, and 44 -A -293 in the Stonewall Magisterial District. Action - Recommended Approval ® Chairman DeHaven began by announcing the rules of procedure and the format for the public hearing. The following format was proposed by the Chairman: staff report, applicant's presentation, 45- minutes for opposition group, 45- minutes for support group, three minutes each for persons who signed in at the previous public hearing but did not have an opportunity to speak, three minutes each for adjoining property owners who have not had an opportunity to speak, and three minutes each for persons on the newest sign -up sheet. Chairman DeHaven announced that at 10:15 p.m., the public comment portion of the meeting will be closed to allow the Planning Commission an opportunity to discuss the issues. Since everyone seemed to be in agreement on how to proceed, Chairman DeHaven called for the Planning Staff to begin with their presentation. Mr. Evan A. Wyatt, Planning Director, read the revised comment from the HRAB (Historic Resources Advisory Board), which recommended denial of the rezoning, but gave recommendations for how the property should be developed, if it were rezoned. Mr. Wyatt stated that the applicant's original proffer statement has been replaced by a revised proffer statement. Mr. Wyatt next proceeded to review a list of comments from the Commission's November 15 meeting and the revised proffer statement information pertaining to those comments that had been provided by the applicant. In conclusion, Mr. Wyatt stated that the Planning Commission should determine if the revised proffer statement adequately mitigated the issues raised by the staff and the Commission when forwarding a recommendation to the Board for final disposition. Mr. J. Donald Shockey, Jr., President of Shockey Industries, introduced himself and Ms. Danielle Staeger of the law firm Reed, Smith, Hazel & Thomas, whose expertise was in land use law; Mr. • Frederick County Planning Commission Minutes of February 7, 2001 Page 615 -3- Mark Smith of Greenway Engineering, the design engineering firm for the project; and Mr. John Good, ® Treasurer of the Shockey Companies. Mr. Shockey gave a brief introduction; he stated that the revised proffer addresses issues raised by all of those who made comments. Mr. Shockey showed an aerial view of the Stephenson area, pointing out the area proposed for development. He pointed out the DSA (Developmentally Sensitive Area) easement, which has been included in the proffer in an effort to protect the adjacent battlefield and Milburn Road. He also pointed out the remaining Shockey property in the area, not subject to the rezoning request. Mr. Shockey compared the 1996 Land Use Plan and the updated 2000 Land Use Plan and pointed out that the same area in Stephenson is designated for industrial development in both plans. Mr. Shockey stated that the Land Use Plan was a key document relied upon by the Shockey Companies in making its decision to purchase the property and to pursue the proposed development. He said that the project proposed is consistent with the Land Use Plan and will meet the needs of economic development for sites that could be served by rail. He next proceeded to give his vision for the project. Regarding the historical issues, Mr. Shockey said that in their quest to obtain accurate facts and gain consensus among expert historians, they discovered there is no consensus concerning the historical significance of this property. Mr. Shockey called upon Ms. Danielle Staeger to discuss their findings. Ms. Danielle Staeger, an attorney with the law firm, Reed, Smith, Hazel & Thomas, said that her firm was asked by the applicant to research the historical significance of this area and she was present to discuss their findings. Ms. Staeger hoped to dispel some of the rumors and highlight the significant facts. She said that the Shockey Company had already conducted extensive research on the possible effect of the proposed rezoning on Civil War battlefields. She presented a list of the experts who were consulted or contacted and a list of the documents members of her team have reviewed. Ms. Staeger believed it was important to note that some of the experts were not able to agree regarding the historical significance of the subject property or the potential affect of a rezoning on this area. Ms. Staeger proceeded to talk about the facts they uncovered. Referring to the National Park Service's (NPS) Civil War Sites Advisory Commission's List of Priority Sites in Virginia, she said that neither the Second nor Third Battles of Winchester are listed as Priority I or Priority 2 sites. On another map from the NPS, showing the entire area of study for the Second Battle of Winchester, she pointed to the NPS's identified "core battlefield areas;" she stated that the Shockey Companies have proffered to permanently protect approximately 32 acres of the core battlefield area from both industrial and commercial devclupment. She explained that almost 99% of core battlefield areas are not affected by the proposed rezoning. Ms. Staegar presented another map from the NPS indicating the entire area of study for the Third Battle of Winchester which included a portion of the Stephenson Depot area. Again, she pointed out areas circled in red that were considered by the NPS to be core battlefield areas. She said that no core battlefield areas are included in the rezoning application. Ms. Staeger remarked that the Shockey Companies are very sensitive to the fact that Stephensons Depot is located in the vicinity of the rezoning and have voluntarily proffered a number of protective measures, including the DSA (32 acres west of the ridge line), viewshed limitations on buildings and signs, no commercial or industrial access on Milbum Road, and additional landscape buffers. Ms. Staeger next called upon Mr. Mark Smith to discuss the protective measures in further detail. Mr. Mark Smith with Greenway Engineering & Surveying, the design engineers for the project, proceeded to review and discuss each of the eight revised proffers. First, he said that upon recommendation of the Planning Commission, two additions were included on the prohibitive uses list in the proffer: stand -alone incinerators and fuel dealers. Mr. Smith next discussed transportation; he explained that actual counts on two existing industrial parks were conducted as a means for comparison and results indicated that the Mid - Atlantic Industrial & Tech Center will yield just over 10,000 vehicles per day at full build -out, which includes an 11 Frederick County Planning Commission Minutes of February 7, 2001 Page 616 average of 12 -15% truck traffic; he said that this projection falls within the acceptable range of the ITE • manual. To mitigate the impact of traffic generated by the project, Mr. Smith said that they have proffered progressive improvements, to be determined by traffic studies focused on six study points. Mr. Smith brought everyone's attention to a collector road, proposed by the County under the Land Use Plan, which lies within their application area; he said the applicant has proffered to dedicate and construct the road, which will ultimately provide access to Route 11. He pointed to another collector road, which is located on additional Shockey -owned land to the south of the application area; he said that the Shockey Companies and Greenway Engineering are committed to work alongside other owners to make certain that the connection to Route I 1 is made. Mr. Smith next proceeded to speak about the railroad spur and gave the proposed location; he said that after consultation with architectural historian, Maral Kalbian, they've decided to use current construction materials in natural colors. Regarding the viewshed, he stated that 26 cross sections along Milburn Road were studied, looking eastward, to create the viewshed proffer. He explained that their viewshed analysis determines the maximum ceiling height for buildings and other structures, assists in addressing concerns regarding building - mounted signs facing Milburn Road, and protects both the DSA and the viewshed along Milburn Road. Mr. Smith next spoke about the Land Area Separation (LAS) and gave the distances between the edge of the proposed! ^Wing and neighboring adjacent property lines. He pointed out the exception of the 14 homes along Old Charles Town Road and described the proposed screening and buffering for this area; he added that this landscape screen will be installed immediately after rezoning. Mr. Smith next proceeded to speak about signage and lighting. He said that the proffered maximum sign height is 12% he said that they've proffered lighting plans for each site plan for the development. Regarding storm water management, Mr. Smith said this will be provided by a regional system, which will include best management practices for water quality, and he proceeded to state what these practices will include. Mr. Donald J. Shockey, Jr. returned to the podium for closing remarks. Mr. Shockey said that ® since their time was limited, they condensed their presentation, however, they had additional backup information, if anyone had questions or concerns. Mr. Shockey said that he was pleased with the revisions and the proffers and believed the proposed development will be better because of these revisions; they are based on extensive input from a number of people within the community. Mr. Shockey requested approval of the rezoning application for this property. Chairman DeHaven called for those persons who wished to speak in opposition to the rezoning and the following persons came forward: Mr. Mark Stivers, a local attorney and resident of Stephenson, stated that the Shockey application was excessive and conflicts with the intent of the Comprehensive Plan. He made four points: 1) the study conducted by the Comprehensive Plans & Programs Subcommittee (CPPS) suggested that no industry was appropriate for this area; 2) the County Zoning Ordinance warns about the incompatible nature of industry and nearby residential and business use; 3) the request adversely affects thousands of people's quality of life and investment; and 4) in light of the historic value and tourism, there is a mandate in the Comprehensive Plan to protect the Milburn corridor, its viewshed, and Stephenson's Depot. Mr. Stivers continued, stating that a taxpayer- funded study changed the path of Route 37 to protect this entire area; the County's Historic Resources Advisory Board (HRAB) recommended that the application be rejected; Mr. Stivers said that in addition to the acreage requested for rezoning, the 32 -acre portion which contains the rail spur will also be affected. Mr. Stivers believed that the railroad spur, which is 120' wide and 18' deep, would permanently destroy the viewshed and character of the landscape. In E Frederick County Planning Commission Minutes of February 7, 2001 Page 617 -5- conclusion, Mr. Stivers questioned the value of site projections made from adepression on Milburn Road, when • the entire site can be seen from Old Charles Town Road or Route 11. He also suggested that the staff used an economic model that failed to consider costs and/or used outdated information and, therefore, their report did not reflect a competent and objective effort. Mrs. Sharon Boyd, a life -long resident and current business owner in Frederick County, presented petitions with over 2,800 signatures and 75 individually- written letters from members of the community who were in opposition to the proposed rezoning. Mrs. Boyd stated that citizens have commented to her that an orchestrated effort has been underway to distort the facts. She was concerned that information provided by the Winchester - Frederick County Economic Development Commission (EDC) and the Frederick County Administrator, John R. Riley, Jr., was misleading the public. She stated that members of the Comprehensive Plans & Programs Subcommittee (CPPS) who worked on the Land Use Study for this area have stated that their recommendation, that M 1 and M2 uses were not compatible for this area, were ignored by the Board of Supervisors and the County Administrator. Mrs. Boyd said that Frederick County has failed to recognize the boundaries of the Stephenson Depot Core Battlefield as identified in a 1992 study by the National Park Service (NPS); she asked why the 1997 Milburn Historic Study was excluded from the Comprehensive Plan. Mrs. Boyd concluded by pointing out that the majority of this property has been identified as being environmentally sensitive. She stated that the Comprehensive Plan recommends the protection of "...the natural environment from damage due to development activity and to avoid development in identified developmentally - sensitive areas." She added that the zoning code states that M 1 and M2 uses are not compatible with residential neighborhoods. . Mrs. Gina Forrester, a resident of the Stonewall District and a member of Frederick County Voters with Common Concern, stated that on January 5, 2001, the Frederick County Voters with Common • Concerns sent a letter to Frederick County Administrator, John R. Riley, Jr., requesting a comprehensive economic and environmental impact study of the proposed Mid - Atlantic Industrial & Tech Center. Mrs. Forrester said that this information has still not been developed and, without this study, neither the Planning Commission nor the Board of Supervisors are in a position to determine the fiscal impacts of rezoning this land for industrial use. Using the County's own figures, she said that Voters with Common Concerns met on January 26, 2001, with the County Administrator to present an economic analysis, prepared by Mr. Michael W. McMillan, which projected a $48 million negative return over 10 years. In addition, Mrs. Forrester believed the Comprehensive Plan was inaccurate because information about the Stephenson's Depot area was left out when determining appropriate land uses for this area. She believed that if all available information about the Stephenson Depot had been included and sound planning guidelines adhered to, the industrial land use designation would never have been adopted. Mrs. Forrester requested that the Commission recommend denial of the rezoning. Mr. Michael W. McMillan, the individual responsible for the preparation of the alternative Net Present Value (NPV) Analysis and member of the Opequon District, began by rebutting the public statement that the Stephenson Depot project would provide a $28.8 million return to the County. Mr. McMillan pointed out numerous expenditures and capital investments dollar amounts that were not used in calculating the $28.8 million figure estimated by the County. He next talked about the data sources he used to collect the infamation for his alternative analysis. Mr. McMillan suggested that a joint county /citizen advisory committee be established to oversee the project's economic analysis and he volunteered his services to that committee. E Frederick County Planning Commission Minutes of February 7, 2001 Page 618 Mr. James Lighthizer, President of the Civil War Preservation Trust, stated that the primary • mission of the Civil War Preservation Trust is to buy and protect important civil war battlefields and his organization has spent millions of dollars to buy and preserve civil war land in Frederick County alone. Mr. Lighthizer said there is a tremendous opportunity for tourism in Frederick County, if battlefields are protected and marketed correctly. He pointed out that, although tourism will not replace industrial development, a study done by the Virginia Tourism Corporation showed that civil war tourists visiting Virginia, versus ordinary tourists, stayed twice as long and spent twice as much money. Mr. Lighthizer asked the Commission not to approve the requested rezoning because it would damage, if not destroy, an economic asset and an important part of national i;a� itage. Mr. Robert Solenberger, a member of the Winchester- Frederick County Economic Development Commission (EDC), Chairman of the Winchester- Frederick County Service Authority, and a resident of the Gainesboro District, downplayed the importance of rail in attracting industrial prospects to sites and he cited several examples that he was familiar with. Mr. Solenberger said that his biggest criticism of the Shockey project was the roads. He pointed out that the first business or industry to arrive at a location, seems to be able to use up all the road capacity at no expense; he said that Flying J did this on Route 11. Mr. Solenberger next speculated about the total amount of money the Shockey Company has invested in this project and the amount of profit they stood to make. In light of the amount of profit, he believed the Shockey Company should be required to construct a feeder road from their project over to Route 11. Ms. Micky White, resident of the Stonewall District, urged the Commission to join the many citizens of the County in opposing the development of an industrial park in the Stephenson area. Ms. White said that for the past 26 years of her professional life, she has been affiliated with the hospitality and tourism industry; she said that according to the Virginia Tourism Corporation, tourism is the third largest industry in ® Virginia. She asked that the County's historical resources not be sacrificed for economic growth. Chairman DeHaven next called for persons who wished to speak in support of the rezoning and the following persons came forward: Mr. David Kollar, owner of DK Industrial Services and resident of the Gainesboro District, said this was the third time he has appeared in public to speak in favor of the rezoning application for the Mid - Atlantic Industrial & Tech Center. Mr. Kollar asked the Commission to consider the recent news announcement of the impending closing of the Fleetwood Corporation and he suggested that the manufacturing and industrial base in our region is in a time of change and flux. He said that many of the old manufacturing companies that everyone has come to recognize and grow dependent on, find themselves facing cutbacks and changes that may adversely affect the County in the not so distant future. Referring to the existing industrial parks in the community, he said that most of these industrial parks are not the kind of facilities that modem manufacturers, plants, or industries are looking to move into. He remarked that the balance of the County's industrial parks house many of his clients, but those parks are dotted; he noted that the viewshed is spoiled by the proliferation of pre - engineered metal buildings. Mr. Kollar believed that the kind of industrial park that we need bring to our area is the kind that Mr. Shockey and the Shockey Companies are describing and planning; he believed it would attract the kind of industries, future revenue, and jobs that Frederick County will desperately need as the manufacturing base changes. Dr. James A. Davis, President of Shenandoah University, spoke about the lack of respect for the difference of opinion and the willingness of people who disagree to do so civilly. Dr. Davis stated that for 11 Frederick County Planning Commission Minutes of February 7, 2001 Page 619 -7- the last ten years, Shenandoah University has offered seminars, training, and programs that, hopefully, would ® help to improve this type of discourse in the community. Dr. Davis stressed the need to discuss controversial issues, to compromise, to work for the best outcome, and not simply say "yes" or "no" based on emotions. He said that the variety of issues presented have been a tremendous education for the community. Dr. Davis, a civil war historian, proceeded to share some observations that he believed were important as the deliberations proceeded. He said that both he and his faculty have worked hard to help teach the value of the role of the war in the history of this region and this country. Dr. Davis stated that he will not be the one to say that every acre and every inch of every battlefield that took place in Virginia in the Civil War needs to be preserved; he did not believe that to be a wise public policy. He believed, however, that strategic areas should be bought and properly preserved, and regional interpretation centers built, so that persons can speak intelligently about the tragedy of the war and not glorify it. He stated that a good choice will not be made, if we simply reject a citizen of this community who has done wonderful things for the community. Dr. Davis stated that it was unacceptable not to move forward. Dr. Davis hoped that decision - makers would find the middle ground necessary, and that all the citizens in attendance would work hard to help bring about resolution, rather than conflict. Mr. William Simmons, resident at 935 Breckingridge Lane in the City of Winchester, said that he was a resident of Frederick County for 13 years and he has been an employee of the Shockey Companies for 23 years. Mr. Simmons believed some less than accurate representations have been made about the proposed project and some personal attacks on Mr. Shockey, the Shockey families, and the Shockey Companies and its employees. Mr. Simmons stated that in his 23 years of association with the Shockey Companies, they have always strived to be good corporate stewards in the community. He stated that it has been corporate culture to treat employees as family and the community as home. He said there were few organizations in the community who have not, over time, received some of the Shockey generosity; he then proceeded to name a few of those civic groups. Mr. Simmons asked that decision - makers disregard the propaganda and focus on ® the facts so that a decision could be made that will allow the community to not only grow wisely, but to also prosper. Mr. Jeffrey Rezin, resident of the Back Creek District, came forward to speak about environmental issues. Mr. Rezin named and briefly described all of the various regulations and acts that are currently in place that will help the community to achieve environmental excellence and community safety. Mr. Thomas Lawson, a practicing attorney in the Winchester- Frederick County community, the Secretary- Treasurer of the Shenandoah Valley Manufacturers Association, and a Gainesboro District resident of Frederick County, believed it was important to keep the analysis of this debate in the proper perspective, particularly, whether or not the proposal fit within the parameters of the Comprehensive Plan. Mr. Lawson said the adopted Comprehensive Plan contains a balance of all uses that, together, make the community a desirable place to live. He believed the proposed rezoning fit within the Comprehensive Plan and should be recommended for approval. Mr. Walter Aikens, the local owner of several businesses in Frederick County and a native of Winchester and Frederick County, stated that he was in favor of controlled growth versus no- growth. Mr. Aiken believed that industrial growth was needed in order to support the tax base and public services; he said that Frederick County needs good schools, good roads, good infrastructure, good recreation for youth, and a clean environment and lifestyle for everyone. He believed that the only way to achieve this was to have controlled growth that helps keeps the tax base at a rate where retirees can enjoy life, young people can bring up their families in a good lifestyle, and the working force can obtain their goals. • Frederick County Planning Commission Minutes of February 7, 2001 Page 620 -8- tYir. Charlie Weiss, Director of the Winchester- Frederick County Chamber of Commerce, • refuted prior statements that industry degrades the quality of life in our area. He stated that the 1,200 members of the Winchester - Frederick County Chamber of Commerce consists of over 40,000 employees who appreciate that area businesses and industries are the key to maintaining their quality of life. Mr. Weiss said that not only do the employees enjoy receiving regular paychecks, but the tax revenue generated by these companies is protecting the quality of other valuable resources, such as schools, roads, police and fire protection, and more. Mr. Weiss explained that the Chamber of Commerce has led regional tourism promotion efforts for the City and County for over 14 years, it assists in the development of new tourists' sites, and is proud of the many wonderful area resources. Mr. Weiss cautioned, however, that we need to be realistic about what to expect from any one site; current public studies indicate that in order to produce the number of visitors needed to off- set industrial development, it would, in fact, create an enormous drain on the infrastructure of the County and the City. He believed the best way to protect our economy is by pursuing business diversity and a balance of growth and since economic development takes time, it is in our best interest to protect ourselves for when a down -turn happens. He said that we can't wait until the region is suffering before we act. Mr. Weiss said that the Comprehensive Plan presents a balance of community needs and the Chamber believes that a balance is necessary. Mr. Weiss stated that the Chamber of Commerce encourages the Planning Commission, as well as the Board of Supervisors, to continue on the path of smart growth with the current Comprehensive Plan. Dr. Raymond Fish, a resident of the Gainesboro District, a former member of the Frederick County Board of Supervisors, and a retired veterinarian, outlined five points as to why he believedthe proposed rezoning should',,; approved, as follows; 1) although some people believe they honor Civil War soldiers by opposing the Shockey development, Mr. Fish believed our soldiers fought for freedom; he said that we are all free within the zoning laws to use our property as we wish, and we cannot deny that freedom to someone else; 2) although some people propose to turn the Shockey land into a tourist site, the Economic Development ® Commission projects that the proposed industrial center will generate $28 million in tax revenue over 10 years; to equal that revenue as a tourism site, the Economic Development Commission projects the Stephenson site would need to attract over two million visitors each of those 10 years. Dr. Fish asked if anyone believed that two million visitors a year would have less of an impact than an industrial center; 3) development of one kind or another in Stephenson is inevitable; the Shockey project, by setting aside the historically sensitive areas, is far preferable to most other likely alternatives, such as a housing development. Dr. Fish believed that the community needs to develop land wisely and the Shockey Companies have gone out of their way to make the industrial center as unobtrusive as possible; 4) local residents have a stake in the community; their children will need a good education, good jobs, and all the other benefits that economic development helps to ensure; he believed that people outside of the community should not have a voice in the discussion and their opinions should not count when it is our future that is at stake; and, 5) discussion of issues is a democratic right, but ultimately, the final decision will be up to the public officials; it is their job to consider the needs of the entire community. Dr. Fish believed that economic development, such as the Mid - Atlantic Industrial & Tech Center, is needed to sustain the quality of life we all enjoy. Dr. Fish urged the County's officials to vote "yes" for the Shockey rezoning. Imo". Bob Wells, a resident of Frederick County, spoke in favor of the Shockey Company's proposed project for the Mid - Atlantic Industrial and Tech Center. Mr. Wells said that each organization represented here has a purpose and each organization is made up of many individuals who have their own personal agendas and reasons for being in favor or opposition. He said that a multitude of information has been presented by the the "experts" as well as the personal opinions. Mr. Wells implored the Commission not to decide the case on emotion or personal opinion, but on the true merits of the case. E Frederick County Planning Commission Minutes of February 7, 2001 Page 621 ® Mr. James L. Longerbeam, a resident of Frederick County and former Frederick County Board of Supervisors member and chairman, stated that he has no financial interest in Mr. Shockey's request, nor was he asked to come forward to speak; however, he wanted to make several points concerning this issue. Mr. Longerbeam agreed with the comments made by Shenandoah University's President, Dr. James Davis, that civility is needed in public discourse. He brought everyone's attention to an advertisement publicizing the public hearing this evening, which began by stating, "Exposure to Toxic Chemicals," and Mr. Longerbeam pointed out that no specific use has yet been identified for the proposed industrial park, yet these types of assumptions are being made. Referring to Mr. Michael W. McMillan's previous comments rejecting the County's estimated return projection of$28.8 million and Mr. McMillan's ownNPV Analysis projecting a $48 million loss to the County, Mr. Longerbeam said that during the eight years he was a member of the Board of Supervisors, he used the Economic Development Commission's (EDC) figures numerous times and he never experienced them to be in error. Mr. Longerbeam said all of the EDC's projections came to be true: a return on an investment was always experienced in two- and -a -half to three years maximum. He had total confidence in the EDC's numbers then, and had no reason to suspect that they may be wrong now. Mr. Longerbeam pointed out that if you believe the logic behind the projected $48 million deficit, then no jurisdiction in the country would ever build an industrial park because of the monetary loss. Mr. Longerbeam continued, stating that Frederick County would not be doing itself any favors by demonizing a company, such as the Shockey Companies, who have been in business in this area for over 105 years. He said that the Shockey Companies have built most of the major buildings in this area; there has been no one that has been a better corporate citizen. He said that if someone is going to put an industrial park in this County, there is no better company than the Shockey Companies. In conclusion, Mr. Longerbeam stated that the Planning Commission and staff did a superb job with the long -range plan for the northeastern part of • the County, which began seven to eight years ago. He said there were many public hearings and many opportunities for public input, and votes were made on various levels. Mr. Longerbeam believed that Mr. Shockey's proposal fits exactly in with what was designed in the Comprehensive Plan for the northeastern part of the County. Mr. Jack Drumheller, a lifelong resident of Winchester and Frederick County who was currently residing in Clearbrook, believed it was imperative that the County continue to follow and maintain its sensible, long -range balanced approach to growth and development, in order to continue to build on the County's past successes. Mr. Drumheller enumerated the various on -site and off -site improvements that the Shockey Companies would be responsible for with the proposed industrial park; he also believed the proposal was consistent with the County's Comprehensive Plan. Mr. Drumheller refuted opponents' statements that industrial and residential uses were incompatible and he cited several examples throughout the County where they co -exist without problems. He stated that Frederick County has experienced steady, healthy growth and has successfully attracted diversified businesses and industries that have been an asset to the community. Mr. Drumheller urged the County to continue, through proper foresight and good long -range comprehensive planning, to provide the necessary sites to attract similar businesses in the future, when the right opportunities come along. He commented that no one has to look very far to see the affect a lack of industry can have on a county budget 6, ,;u individual taxpayers. Mr. Drumheller concluded by saying that if the developer has done what is reasonable and responsible to make the project successful and if the proposal conforms with the long - range Comprehensive Plan of Frederick County, then he would urge the Planning Commission to support the rezoning for the Mid - Atlantic Industrial & Technology Center. Frederick County Planning Commission Minutes of February 7, 2001 Page 622 -10- Chairman DeHaven next read a list of persons who had signed up to speak at the initial public • hearing on this rezoning, but did not have the opportunity to speak because of time restraints. Chairman DeHaven now offered those persons the opportunity to speak, if they so desired. The first individual, Mr. Ron Comer, deferred his time to Ms. Katherine Whitesell of the Back Creek District. Ms. Whitesell raised concerns about the possibility of the property being sold after it was rezoned to someone less community- minded than Mr. Shockey. Ms. Whitesell said that said that no one knows what the status of the Shockey Company will be in the future. Ms. Whitesell said that as a Civil War preservationist, her family owns a large tract of Second Core Civil War area; she commented that there was not a lot of core battlefield area left in Frederick County and most of it has been developed. Regarding the previous comments made concerning clean industry, Ms. Whitesell pointed out that Frederick County is currently in "non- attainment" for air quality and Frederick County has some very heavy air polluters that are endangering health. Regarding the subject of rail, Ms. Whitesell commented that the Shockey Companies indicated that they were going to preserve 30 -40 acres in the developmentally - sensitive area; however, she did not believe that running a rail line with a 125' cut could be qualified as preservation. Ms. Whitesell urged Mr. Shockey to look at the option of making quite a bit of money on the property through the tax deductions and credits, available on both federal and state levels. Mr. Randy Forrester, a resident of the Stonewall District, expressed a number of reasons why he believed the Planning Commission had the right and obligation to recommend denial of the proposed rezoning. Mr. Forrester stated that since the Comprehensive Plan was adopted, new information about the area and the proposed use has been presented that renders the plan to be incomprehensive. He believed the fact that the Shockey property was identified on a planning tool, identified as the Comprehensive Plan, for possible industrial use does not legally bind the County to rezone Mr. Shockey's land. Mr. Forrester stated that there ® are health hazards associated with living with poor air quality and there are serious questions about our area's limited water supply. Mr. Forrester pointed to the fact that Mr. Shockey purchased agricultural land; he said that zoning limits the use of land in specific areas for the common good of the entire community. He asked the Planning Commission to take time to revise the Comprehensive Plan to incorporate all of the new, available information. Mr. Forrester continued, adding that since new information has also been submitted in the form of an alternative financial analysis which indicates the Shockey proposal will hurt the County's financial stability, the Planning Commission has the responsibility to take the time to seek out the accurate information. Mr. Forrester believed that the financial information reported by the County Administrator and the EDC appears to be misleading to the taxpayers and to the Board of Supervisors because it does not include cost figures. He asked why the costs of the proposed rezoning were withheld; he believed that if revenue projections could be made, then so could cost projections. Mr. Forrester stated that the County Administrator knows this project could cost the County more than it brings in and that the County's financial analysis is incomplete. Mr. Forrester said that the community owes a debt of gratitude to Mr. Michael W. McMillan for his willingness to become involved. He requested that the Planning Commission vote "no" on the proposed rezoning. Ms. Pat Gochenour, Vice President of Citizens for a Quality Community (CQC) and resident of the Shawnee District, spoke of proper land use, being good stewards of the land, and preserving the County's integrity. She spoke about the importance of preserving battlefields, farmlands, and historical sites and the willingness of our community leaders to do their part. Mr. William Jensen was concerned about water resources. Mr. Jensen said that the County already has an existing commercial area with in excess of 3,000 acres; he questioned the reasoning of u Frederick County Planning Commission Minutes of February 7, 2001 Page 623 -11- destroying 404 acres in a beautiful area. • Mr. John Stryker, a resident of Wardensville Grade, was concerned about the water situation in Frederick County. He said that information about the industrial park indicated that 2.5 million gallons of water per day would be used. Mr. Stryker asked how this figure could be arrived at if no one knows yet what the uses in the industrial park will be. He disputed another argument, that the County needs factories for employment, stating that factories in this area have been scraping the bottom of the barrel for workers. Mr. Stryker believed that the reason counties to the east of us have such higher taxes is because they have uncontrolled growth and too much commercial use. Mr. Stryker commented that his reassessment rates have gone up twice in one year; he said that more is not cheaper, the more people that live here, the more it's going to cost the taxpayers. He was opposed to the rezoning. Mr. Jessie Southers was opposed to the rezoning. He believed that assessment rates will increase, if this development is approved and all of the County's "silent majority" will then come forward to speak. Mr. Southers said that he's seen many development proposals and this one has to be one of the worst; he believed our country needed more passion because we were losing our nation and culture; and finally, he told the commissioners that he would hold them accountable for how they voted. Chairman DeHaven next called for any adjoining property owners who wished to speak. The following persons came forward: Mr. William Myer, a homeowner in the Stonewall District and resident of Frederick County for the past 30 years, said that he is an engineer who has been involved in building many roads and buildings in this area over the last 22 years. Mr. Myer spoke regarding the policy statements in the Northeast Land Use • Plan dealing with Levels of Service (LOS) for roads. He said that Route 11 is currently at an "A" LOS and the applicant has proffered to maintain the road at a LOS of "C" or better. Mr. Myer stated that a LOS "C" is the lowest possible allowed by VDOT and he proceeded to read VDOT's definitions of the three levels of service, A, B, and C. He said that VDOT does not have control over developments; the local jurisdiction controls the development that takes place. Mr. Myer was very concerned about dropping two levels of service to accommodate this development; he was concerned about the increased volume of traffic, the possible influx of traffic onto neighborhood secondary roads, and the increased damage to roads due to track traffic. Ms. Pam Stivers, an adjoining property owner in the Woodsmill Subdivision, deferred her time to Dr. Neil Crow. Dr. Neil Crow, a resident of Winchester, said that he had concerns about the environmental impact of a heavy industrial park and, especially, the industrial toxins that are detrimental to human health. Dr. Crow said that he was surprised to learn recently that there were not strict constraints in terms of what toxins can be put into the environment by industry and he believed this needed to be addressed. He spoke about being good stewards of the environment. Dr. Crow mentioned a local spike of lung tumors associated with asbestos poisoning by a local plant and several locations of carbon monoxide poisoning in this area where he's been involved with caring for patients. He added that if the glass manufacturing plant would have come to this area, hundreds of tons of lead would have been put into the air. Ms. Dawn Biggs, an adjoining property owner in the Woodsmill Subdivision, requested that her time be deferred to Mr. George Orfstrom. Mr. Goerge Orfstrom, a resident of Clarke County just across the Frederick County line, a few miles from the proposed rezoning, stated that the Commission has heard many impassioned speeches this evening concerning many different issues, such as economic issues, historical issues, • Frederick County Planning Commission Minutes of February 7, 2001 Page 624 -12- land use issues, and quality of life issues; however, there was one issue that had not been addressed, and that • is one of public trust. Mr. Orfstrom said that there is an implicit trust between local governments and their constituents; local populations feel their officials, be they elected or appointed, are expected to make difficult decisions. He was concerned about industries with smoke stacks or power plants locating in this area. Mr. Orfstrom stated that the 10% population of Frederick County that lives within two miles of this area is relying on their elected officials to uphold public trust and to vote "no" on this rezoning. Chairman DeHaven interjected that this is the second time this evening that a reference has been made to a power plant. Chairman DeHaven said that the EDC did receive an inquiry from a public utility, however, the site they were inquiring about was located on the south end of Frederick County, and they have since gone elsewhere. Chairman DeHaven said that any reference to a power plant locating within the Shockey property proposed for rezoning is completely erroneous information. 5,::. Jeff Bensen, a third -year resident of Winchester - Frederick County, spoke of some similarities with this particular case and one in Richmond, Virginia, with the construction of the Richmond International Airport. He said that the airport surfaced -over a swamp in which the Battle of Seven Days was fought. Mr. Bensen believed that much history was lost about the people who fought there, the way they lived, and their contributions to medicine. Mr. Benson believed certain areas should be preserved and standards adhered to. Mr. David Heard, a resident of Opequon Ridge III, stated that when he purchased his home in November of 1999, the real estate agent failed to tell him that he was within a mile of a potential industrial zoning area. He was also not aware of the studies that were being done for the Comprehensive Plan. Mr. Heard said that had he known that there was a potential for heavy industry to be located here, he probably • would not have come to this area of Frederick County to live. He said the vast majority of people who were present this evening were opposed to the rezoning. Mr. Heard believed that too many issues and concerns needed to be resolved regarding this project and the request should be postponed until all the issues are settled. Chairman DeHaven announced that the time allocated for the public hearing portion of the meeting had ended and he closed the public hearing so the Planning Commission could have an opportunity to discuss the issues. Mr. Fisher expressed concern over the rail penetration into the DSA I (Developmentally Sensitive Area) encouraged the applicant to look for other possibilities for the rail spur. Chairman DeHaven commented that he also had a concern with the rail spur and believed it violated the intent of that particular corridor. Mr. Morris expressed two concerns, transportation and historical resources. Mr. Morris said that he would like to see more specificity in the transportation planning effort and how the degradation of the level of service (LOS) at the six interchange points were going to be mitigated. In addition, Mr. Morris said that he would like to see the Second Winchester Core Area somehow mitigated. He pledged to personally review these efforts, as site plans are submitted, in light of the fact that the applicant has proffered triggering for these items. In conclusion, Mr. Morris said that despite these issues, he finds consistency with the rezoning with the Comprehensive Plan and finds no overwhelming basis in which to deny the rezoning request. • Frederick County Planning Commission Minutes of February 7, 2001 Page 625 -13- Mr. Light said that when he was a member of the Comprehensive Plans & Programs Subcommittee (CPPS), he did not envision any residential component in this particular Urban Development Area (UDA), nor did he envision any sewer lines outside of the Sewer & Water Service Area (SWSA) heading east towards this area. Mr. Light believed that all proposed projects need to work south in the area designated for infrastructure network. Regarding the roads scenario, Mr. Light stated that this project should absolutely be developed south to north, instead of north to south, so that all roads may be brought in off of the interstate interchange area at Stephenson and not impact the 2' /z miles on Rt. 11 North going to the Stephenson area. With regard to the historical aspect, he stated that there should be certainty, before the property is rezoned, whether the Milburn corridor can be accepted by the National Park Service, if the rail spur is allowed to go in. Mr. Light next spoke about sewer and water issues; he believed there should be a Sanitation Authority (SA) agreement or regional partnership between the SA and the developer to monitor and conserve water usage in the Clearbrook area. He believed that emergency services were not fairly represented in the impact model. Mr. Light remarked that this large amount of acreage should not be rezoned because it's impossible to predict what the future impacts may be 20 -30 years from now as the property develops. He recommended that the amount of acreage proposed for rezoning be reduced, to see how the developer proceeds, to see how the impacts are mitigated, aiA dive the applicant an opportunity to rezone additional acreage later. Mr. Light said that he was not against the applicant's concept; he was against the impact of the traffic on the Rt. 11 North community. Because of the projected impacts, Mr. Light made a motion to deny the rezoning. Mr. Light's motion died, however, due to a lack of a second to his motion. Mr. Thomas next gave his views on the issues discussed. First, regarding transportation, Mr. Thomas believed this was a good site for transportation access, particularly because it had the "backbone" for transportation access that could be improved and fit to meet the needs of the area; he said that it has rail access, good interstate access, and access to major collector roads. He agreed that improvements would need • to be made to those facilities, but the developer has agreed to pay for those improvements. He stated that it will be the County's responsibility to make sure, at the master development plan and site planning stages, that impacts are assessed and the developer comes forward with methods to mitigate the impacts and protect the interests of the local residents. Regarding environmental distress, Mr. Thomas mentioned the many environmental regulations of federal and state government agencies, such as the EPA (Environmental Protection Agency) and the DEQ (Department of Environmental Quality), who spend much time assessing and monitoring environmental conditions so that standards are met. Mr. Thomas pointed out that the applicant has already included recycling in their proffer and will be responsible for landfill costs; and water and wastewater access are user - funded. Regarding historical preservation, Mr. Thomas recalled an earlier statement addressing the 2,800 homes in the area; Mr. Thomas commented that in all probability, many of these homes are already on the Stephensons Depot battlefield area, along with I -81, Rt. 11, and the railroad. He pointed to the insignificance of disturbing 1% of an additional 41 acres out of 3,000 total acres; he said that what is significant is that the applicant has agreed to preserve 30 acres, which no one else has come forward to do. Finally, Mr. Thomas spoke about the balanced development concept; he said that a diversified revenue stream is needed -- industrial development, tourism, and agriculture. Mr. Thomas believed that the County needed a balance of all of the development to be able to sustain both growth and the County's well - being. Mr. Thomas then made a motion to recommend approval of the rezoning with the stipulation that all review agency comments be complied with. This motion was seconded by Mr. Wilson and was passed by a majority vote. • Frederick County Planning Commission Minutes of February 7, 2001 Page 626 -14- BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of ® Rezoning 404 -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 MI (Light Industrial), and 198 acres from RA (Rural Areas) to M2 (Industrial General). This property is located east of Milburn Road (Rt. 662), south of Old Charles Town Road (Rt. 761) and southwest of Jordan Springs Road (Rt. 664) and is identified with P.I.N. 44 -A -31, 44 -A -292, and 44 -A -293 in the Stonewall Magisterial District. The vote on this recommendation of approval was as follows: YES (TO APPROVE) Unger, Morris, DeHaven, Wilson, Thomas, Ours, Miller, Kriz, Fisher NO: Light (Note: Mr. John Marker was absent from the meeting.) ADJOURNMENT Chairman DeHaven thanked everyone for their demeanor and participation during the meeting and encouraged everyone to stay involved in local government and planning efforts. No further business remained to be discussed and the meeting adjourned at 11:00 p.m. by unanimous vote. • Respectfully submitted, k. Evan A. Wya t, Secretary Charles S. DeHaven, Jr., Chairman C Frederick County Planning Commission Minutes of February 7, 2001 Page 62-j