Loading...
PC_11-15-00_Meeting_MinutesMEETING MINUTES • OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on November 15, 2000. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Vice- Chairman, Back Creek District; Greg L. Unger, Back Creek District; John H. Light, Stonewall District; Richard C. Ours, Opequon District; George J. Kriz, Gainesboro District; W. Wayne Miller, Gainesboro District; Robert A. Morris, Shawnee District; Roger L. Thomas, Opequon District; S. Blaine Wilson, Shawnee District; Gene E. Fisher, Citizen at Large; Sidney A. Reyes, Board Liaison; and Jay Cook, Legal Counsel. STAFF PRESENT: Kris C. Tierney, Planning Director; Evan A. Wyatt, Deputy Planning Director; Amy M. Lohr, Planner 11; and Renee' S. Arlotta, Clerk. CALL TO ORDER \J • Chairman DeHaven called the meeting to order at 7:00 p.m. Comprehensive Plans & Programs Subcommittee (CPPS) - 11/13/00 Mtg. Mr. Light reported that the CPPS had initial discussions on the 2001 -2002 Capital Improvements Plan. Economic Development Commission (EDC) Mr. Thomas reported that the EDC reviewed next year's work plan and also examined the make -up of the EDC. Mr. Thomas said that they are planning to add six more members to the Commission in order to get more representatives from industry. Frederick County Planning Commission Minutes of November 15, 2000 Page 578 -2- PUBLIC HEARINGS • Exception Request by David L. & Marie L. Shull from the requirements of Section 144- 31C(3) of the Frederick County Subdivision Ordinance requiring that easements providing access to lots within minor rural subdivisions be a minimum of 50' in width. Action - Recommend Approval Mr. Kris Tierney, Planning Director, presented a letter from Mr. Scot Marsh, written on behalf of Mr. David L. and Mrs. Marie L. Shull, the owners of 7.24 acres along Northwestern Pike (Rt. 50) in the Back Creek Magisterial District, who wish to subdivide a two-acre lot for their son. Mr. Tierney said that the Shulls have the required acreage, however, the five -acre lot resulting from the proposed division would be served solely b} nr existing 30' easement. He said that the County Subdivision Ordinance requires that any lot in a minor rural subdivision either have direct access to a state- maintained road or be served by a right-of- way with a minimum width of 50'. He explained that the Shulls have attempted to obtain the additional right - of -way needed to meet the requirement of Section 144- 31(3), but have been unsuccessful. Mr. Tierney continued, stating that the proposed five -acre lot contains the Shulls residence which is presently accessed by the 30' right-of-way. He said that no further subdivision on the five -acre parcel would be possible. Mr. Tierney added that the staff believes that given the fact that the existing residence on the parcel is already served by the right-of-way and that no additional lots will be served by it, an exemption to the 50' requirement is appropriate. Mr. Unger inquired if 50' could be obtained going across Lot 2 out to the road. • Mr. Scot Marsh, land surveyor with Marsh & Legge Land Surveyors, P.L.C., representing the Shulls for the family variance, stated that Lot 2 does not have road frontage and they access by way of a prescriptive ingress /egress easement across a gravel driveway. Mr. Marsh said that the Shull's only road frontage on Route 50 is a 30' -wide strip. They currently access their home through the gravel driveway; the adjacent owners have no objection, however, they did not want to convey a 50' -wide ingress /egress easement. Mr. Marsh added that Lot I has an approved drainfield site, therefore, both lots are adequate from a residential standpoint. Mr. Miller inquired if a road could be put in on the 30' frontage on Route 50 for Lot 1. Mr. Marsh replied that the existing drainfield would make it difficult to construct a road through there. Mr. Reyes asked what attempts had been made with the Sheldons to get the easement waiver. Mr. Marsh said that contacts were made with the adjacent neighbors. Mr. Marsh said not only did they try to acquire additional right-of-way and an easement, but also to buy additional frontage land. The adjacent owner was not interested. In response to this, Mr. Reyes asked if this was all verbal and Mr. Marsh was not sure. Mr. David Shull, the owner of the property, said that he personally spoke with the Sheldons about purchasing property, however, they were not interested. Mr. Shull said this was for his son and he has no intentions of selling this property. Chairman DeHaven called for public comments, however, no one came forward to speak. 11 Frederick County Planning Commission Minutes of November 15, 2000 Page 57S -3- Because no further subdivision of the five -acre parcel would be possible and, given the fact • that the existing residence on the parcel is already served by the right -0f - -way and no additional lots will be served by it, the Commission believed an exemption to the 50' requirement was appropriate. Upon motion made by Mr. Miller and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of a request by David L. and Marie L. Shull for the granting of an exception from the requirements of Section 144- 31C(3) of the Frederick County Subdivision Ordinance requiring that easements providing access to lots within minor rural subdivisions be a minimum of 50' in width. Rezoning #04 -00 of Mid - Atlantic Industrial & Tech Center, submitted by Greenway Engineering on behalf of Shockey Industries, to rezone 208 acres from RA (Rural Areas) to MI (Light Industrial), and 239 acres from RA (Rural Areas) to M2 (Industrial General) for an Industrial and Technology Park. 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.s 44-A-31,44-A-292, and 44 -A- 293 in the Stonewall Magisterial District. Action - Tabled at the Applicant's Request Mr. Evan A. Wyatt, Deputy Planning Director, read the background information and review • agency comments. Mr. Wyatt stated that the property is located within the County's Sewer and Water Service Area, it is within the portion of the Northeast Land Use Plan which recommends future industrial land use, it is adjacent to the identified Developmentally Sensitive Area (DSA), it contains a portion of the identified core area of Stephenson's Depot, and it is within an area recommended as a potential rural historic district which would qualify for the National Register of Historic Places. He said that the Northeast Land Use Plan recommends that industrial land uses should only occur if impacted road systems function at a grade "C "level of service (LOS) or better, that industrial land uses be developed with public water and sewer service, and that industrial land uses should be adequately screened from adjoining land uses to mitigate visual and noise impacts. Mr. Wyatt said that the staff has 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. Mr. Wyatt said that the applicant has submitted a proffer statement in an attempt to mitigate the issues identified by staff. He stated that pmff�red 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 viewsheds, the ability to research and relocate a potentially significant historic structure, limitations of sign heights, and a monetary contribution for fire and rescue services. Mr. Wyatt continued, stating that the development ofan industrial park and technology center at this location will have an impact on existing residential land uses along Old Charles Town • Frederick County Planning Commission Minutes of November 15, 2000 Page 58( -4- Road due to their proximity to this acreage, and could potentially have an impact to the viewshed • associated with the historic Stephenson Depot area. He said that the Frederick County- Winchester Battlefield Network Plan sets forth strategies for Stephenson Depot which include working with land owners to preserve key areas while allowing some development, ensuring that more intensive uses in the core area provide means to protect viewsheds as a part of their development plans, to use Milburn Road as a primary travel connection between Stephenson Depot and Third Winchester, and to work with land owners to preserve views along Milburn Road using buffers, vegetation, and easements. Mr. Wyatt next read a list of comments suggested by the staff that the applicant could use to further mitigate the impacts of this development. At this point, there were several questions from the Commission regarding options available for sewer treatment and whether transportation improvements for this area may have been included in WATS. Mr. Donald Shockey of the Shockey Companies came forward and introduced himself and Mr. John Goode, Treasurer of Shockey Companies, and Mr. Mark Smith of Greenway Engineering, the design engineers for the project. Mr. Shockey spoke about the positive aspects of having a good industrial and economic base in our community, the Shockey Companies involvement in the improvement of our community, and their intentions of continuing this role into the future. He said that a good industrial and economic base provides greater job security for individuals, it bolsters the community's financial health and security, it strengthens the tax base, provides better schools for our children, it serves as a catalyst for reliable water and sewer. He said that their proposed development is a continuum in this direction. Mr. Shockey next compared the low tax rate in Frederick County to the higher rate of surrounding adjacent counties. Mr. Shockey said that • their development seeks a balance among the diverse interests of the community. He concluded by stating that they have addressed the historic sensitivity of the area openly and properly. Mr. Mark Smith of Greenway Engineering, the design/engincering firm for the development, presented the details of the development to the Commission. Mr. Smith then reviewed each of the proposed proffers with the Commission, particularly the entrance on Old Charles Town Road, the emergency access on Stephenson Road, the signalization, intersection, and progressive improvements in coordination with VDOT, the developmentally sensitive area easement details, the proposed elements for protection of the viewshed along the ridge line which parallels Milburn Road, the establishment of a conservation easement along Hiatt's Run, and finally, heights and limitations for signs. In addition, Mr. Smith stated that they conducted a mailing campaign in the initial stages of this project to meet with the adjoining property owners, however, only two people responded. Commissioners asked Mr. Smith to discuss the entrances, the distribution of traffic, and how the traffic would get to required destinations. They also asked Mr. Smith to discuss the rail connection and Mr. Smith gave the details on this. Mr. Smith believed their proposed rail connection location was the best in order to minimize visual impacts and to also function well for the park. Another Commissioner asked how close the railroad spur would be to the Milburn Cemetery and Mr. Smith replied approximately 100' -150'. Also discussed was the zoning line on the east side of the property. Commissioner Ours inquired if the zoning line could be pulled back because the applicant had indicated that the property drops down and is not readily useable. Mr. Smith replied that he could pull the zoning line back about 600; he had drawn the line iiicie because it hit natural features and made a clean cut. He said that their stormwater • Frederick County Planning Commission Minutes of November 15, 2000 Page 581 -5- management could still take place in this area, regardless of the zoning. • Commissioner Ours noted that there were a few uses allowed in the M2 that the applicant had not proffered out; he believed that incinerators and fuel dealers, for instance, wouldn't be appropriate for this area. He asked the applicant to explain their intentions for the M2. Mr. John Good, Treasurer for the Shockey Companies, read a list of uses they believed would be suitable for this area. Mr. Good took note of the two uses believed to be inappropriate. Mr. Thomas asked the applicant to explain plans for management and maintenance of the stormwater management areas and runoff quality after build -out. Mr. Smith explained that the regional ponds will not be owned by a particular lot user, but will be owned and maintained by the park. He said that a pre- determined dollar amount is collected per acre to cover this maintenance. Mr. Morris asked how the five to six residences directly across Old Charles Town Road will be protected from impacts. Mr. Smith said that he will visit those residents to see what is acceptable to them. Mr. Smith proposed landscaping and screening and said that he will need to involve VDOT in the process. Mr. Light asked how the project would be sewered and also inquired about any alignments to Route 37. Mr. Smith said that no treatment plant is proposed; they will pump the sewer from this facility to the Opequon Wastewater Treatment Facility on Route 7. Mr. Smith proceeded to give the details of the process to the Commission. Chairman DeHaven next called for public comments and the following persons came forward to speak • Mr. Mark Stivers, a resident of Stephenson in the Woodsmill Subdivision, remarked that various other subdivisions and areas, for example, Woodsmill, the Opequon Ridges, Stephenson, Clearbrook, Redbud Road, and the Route 11 area, had not been mentioned in the discussions. Mr. Stivers said that all the persons present and those who have signed petitions against this development are sending a message to the Board of Supervisors that the Board must pay attention to the wishes of the citizens of the community. He continued, stating that he had the privilege of serving on the subcommittee that studied the northeastern portion of the County and the subcommittee had recommended that the area proposed for rezoning not be included in the Comprehensive Plan as industrial land. Mr. Stivers said that the Board of Supervisors ignored that recommendation and said that the subcommittee did not have the authority to make this change. Mr. James Stillwell, of 423 Highbanks Road in Stephenson, said that he had sent the Commission a letter on November 7 outlining criteria he believed needed to be brought forward. Mr. Stillwell believed the two main issues were the zoning and the Land Use Plan. He believed the applicant's plan should be presented in detail, such as the road network, and be finalized. Mr. Stillwell believed that the minimum setback requirements in the County for heavy industrial use were not adequate and needed upgrading. He said that this proposal will impact not only the civil war sites, but also Jordan Springs and other archeological sites. He also discussed limiting building heights; turning loading docks internally to the site; the need to address truck traffic along Charles Town Road, Jordan Springs Road, and Woodsmill Road; and the applicant should pay 100% of any improvements promised in the proffers. Mr. Stillwell stated the Land Use Plan did not call for any M2 Zoning in this area. He said that since the Land Use Plan has already been accepted, this proposal was in the wrong place and the rezoning request should be denied. I* Frederick County Planning Commission Minutes of November 15, 2000 Page 582 3 M. Ms. Katherine Whitzell, resident of Back Creek District and Chairman of the Advisory Board • for the McCormick Civil War Institute at Shenandoah University, came forward and stated that she was speaking for Dr. Brandon Beck, Chairman of the McCormick Civil War Institute at Shenandoah University, who had to leave the meeting. Ms. Whitzell said they have been working on preserving Fort Collier which has also been developed into an industrial area and they are having trouble getting grants because the civil war site has been so dirnuushed by industrial growth. Ms. Whitzell said that we do not need any more industrial growth next to our battlefield sites, especially the core battlefield of Second Winchester. Ms. Whitzell also introduced Private David Bockman of the 13' Virginia Volunteer Infantry, Company H, and said that Private Bockman, like many other civil war buffs, totaling 35,000 nationally that are members of the Civil War Preservation Trust, are very upset about the possibility of losing this site. Ms. Whitzell next read a statement by Dr. Brandon Beck. Mr. Glen Penton, an architect and a resident of Stonewall District, did not want all the land in Frederick County filled up with industrial parks just to keep the tax base down. He believed there were probably better ways to achieve that goal and provide balanced growth. Mr. Penton presented some graphics of the site that he prepared pointing out the acreage designated for building and parking. He anticipated that the facility would run 24 hours per day and there would be 26,000 trips per day. He said that the environment in the Valley is on the verge of being polluted and questioned whether additional industry should be added towards that. H;; aid that a large portion of this land has already been clear cut, even in the erosion areas, steep banks, and against people's homes. He believed the 100' setback buffer was inadequate and he did not believe the proposal was reasonable. Mr. Charles Weiss, President of the Winchester - Frederick County Chamber of Commerce, stated that the Chamber represents 1,230 individual business members, ranging from small businesses to • commercial and industrial companies, and who employ approximately 40,000 people, supplying the bulk of jobs in our county, as well as contribute 1% million dollars annually to the County's tax base. Mr. Weiss explained that he was present on behalf of the Chamber membership, not to specifically comment on the Shockey's development, but to address a movement which has recently surrounded the project. He made reference to an advertisement that recently appeared in the Winchester Star, paid for by an organization he was unfamiliar with, but which stated that "...one industry was stopped some time ago from relocating to Frederick County —now stop the rest!" Mr. Weiss said that having businesses and industries in our County contributes significantly to the quality of life for everyone. He asked what constitutes this quality of life and then stated that scenic beauty of the area is certainly on the list, but not at the expense of having a job to go to or having access to goods and services in the County. He continued, stating not at the expense of having good schools for our children to attend, nor at the expense of protection provided by the Sheriff and Fire Departments, as well as good roads and other necessary infrastructure. He encouraged the Planning Commission and Board of Supervisors to continue with smart and balanced growth as stated in the Comprehensive Plan. %A -. David Darsie, a resident of Stonewall District in the Opequon Heights subdivision, stated he lived 1% miles from the proposed development and was concerned about the effects of the industrial development on the value of his and his neighbors' homes and properties. Mr. Darsie was concerned about noise and light pollution, that water treatment facilities will need to be upgraded on a large scale, and that the life of the landfill will be shortened. Mr. Darsie was also concerned about the transportation problems at various intersections, especially at the intersection of I -81 and Route 11 and at Clearbrook at the Old Stone Restaurant, and said that this proposed industrial park will greatly stress these problematic intersections even further. Mr. Darsie said that it was going to take a lot of money and time to build up the road network and the Frederick County Planning Commission Minutes of November 15, 2000 Page 583 -7- County infrastructure would have to pay for the costs. • Mr. Jason Spitzer, a 14-year-old youth and resident on McGuire Road, off of Apple Pie Ridge Road, in the Gainesboro District, commented that the roads will need to be upgraded to handle the additional traffic that will be 3enerated by the proposed rezoning. Mr. Spitzer said that the roads need to be improved before the development, not after, and he gave as an example the problem of the bridge at the Flying J truck stop. Mr. Spitzer also commented that the residents of Stephenson are worried about their quality of life being disrupted by possible noise and pollution. Mr. Bill Meier, a soon -to -be resident of Woodsmill and a long -term resident of Frederick County, spoke against industrial zoning at this proposed location. Mr. Meier was not happy with the way roads and intersections have been planned and how they function throughout the County. He gave as examples Route 11, Welltown Pike, and Route 37 and said that increased truck traffic will make the situation much worse. Mr. David Kollar, a property owner and business owner in western Frederick County, came forward to speak in favor of the proposed rezoning. Mr. Kollar said that his family, his company, and himself have benefitted greatly over the last 21 years in Frederick County. Mr. Kollar said that his company installs equipment for manufacturing facilities and he employs 85 people. He said that his 85 employees have 153 children and all have earned a good livelihood from the services his company provides to the various industrial clients in our area. Mr. Kollar read a list he composed entitled, "Top Ten Truths We Can Hopefully Agree On, But Not Necessarily Like," of which the overall message was that planned and balanced growth was essential for the long -term success of the quality of life in our community and a diversified tax base was the key to our community's infrastructure. • Ms. Andrea Kozel, an 18 -year old student at James Wood High School and a resident of Hiatt's Run in Clearbrook, said that she was speaking for the youth of the community. Ms. Kozel said that she and the other youths did not want to see this "park" polluted. Mr. Bill Kinc, a resident of Stonewall District, stated that this proposal is irresponsible development with very poor planning. Mr. Kinc said that this is squeezing a huge development between a very sensitive historic area and residential housing. He commented that it would be difficult to find another place in the County that was as sensitive and ill- suited as this one. Ms. Susan Coumeya, a resident along Redbud Road in the Stonewall District, predicted that Redbud Road will become a shortcut from Route 11 to Route 7 and she was concerned about her children's safety because they ride their bicycles on this road. She said that she rides her horses along this road and there is considerable farm activity here. Ms. Coumeya next proceeded to talk about the historical and archeological significance of this property. She then spoke about the underlying water table and how it would be impacted by impervious surfaces, use by industry, and runoff, which possibly, will be contaminated. She predicted that everyone's quality of life will be assaulted; she said that M2 -zoned structures cannot be made to look beautiful or appealing; there will be noise and air pollution; and the construction traffic, industry traffic, and road overuse will pose a definite physical threat. Ms. Coumeya asked Mr. Shockey to sell or donate his land to the Civil War Foundation. Ms. Sharon Boyd said that she has over 2,000 petitions from citizens who have signed and i Frederick County Planning Commission Minutes of November 15, 2000 Page 584 -8- want to oppose the rezoning of this land. Ms. Boyd said that the citizens of the community have asked her to • speak and convey their feelings and concerns. She conveyed the following feelings and concerns: that the citizens dismiss the myth that industry will lower their taxes; they dismiss the notion that we need to create more jobs, because unemployment is at an all -time low; they asked why another industrial park was needed when there are already so many existing; they are concerned about environmental issues; their primary concern is that of "quality of life," not money; and, they want to preserve our national historic treasures for future generations. Ms. Bessie Solenberger, a resident of Gainesboro District and Chairman of the Frederick County Historic Resources Advisory Board, said that she was not very proud of the fact that she was chairman of this committee because when they had their meeting to discuss and make a recommendation on this issue, she was not aware of all the historic issues. Ms. Solenberger said that she was aware of the Byer House, but not about the core battlefields and the rail line. She hoped her committee would get the opportunity to revisit this issue and the committee would send the Planning Commission a completely different message. Ms. Solenberger stated that our area is rich in heritage. She asked the Commission to look 50 -75 years into the future and foresee what this industrial park would look like then; she asked if there will be outdated old buildings and runoff and will it be of any value then? Ms. Solenberger said that the County could make this into an historical park; the older it gets the more valuable it gets, especially for tourism. She said that she had hoped Frederick County could capitalize more on our history through tourism and then, hotels, motels, restaurants, and everybody would benefit. She concluded by asking why the industrial parks couldn't be located closer to I -81 where the roads could accommodate the traffic. Mr. Brandon Kuhn, a resident on 154 Gun Club Road in the Stonewall District, said that he was 15 years old and a freshman at James Wood High School. Mr. Kuhn spoke about the importance of • preserving our historic resources for the education of future generations. Mr. Kuhn said that with unemployment so low, he did not know where the employees for the industry would come from. Ms. Gina Forrester, a constituent of Stonewall District, stated that the proposed industrial park will adversely affect the air quality in Frederick County. She said that presently, without bringing any additional industries into operation, Frederick County does not meet State air quality standards and additional industry will compound the existing problem. Ms. Forrester stated that 55% of our labor market already comes from West Vii rgi,u . and any new jobs generated by this industrial park will basically employ West Virginians. She said that this will drive up labor rates for our existing companies who will be forced to compete for labor in an already tight labor market. Ms. Forrester next spoke about the County's water supply and she named special interest groups who have been battling for its protection. She said that additional industry would compound our water difficulties at the taxpayers' expense. Ms. Forrester continued, speaking of the historical importance of the property and that tourism brings clean revenue into the community while preserving our heritage. She also spoke of how increased volumes of traffic and tractor trailers will further degrade the quality of life in Frederick County. Ms. Forrester said that if this rezoning is approved, it will be another example of the citizens best interests being set aside for developers' interests. She applauded the citizens who have filed a suit against the County to fight this rezoning. Mr. Todd Kern stated that this may be a good plan, but the people of Frederick County do not want it; he said it may be better located in New Jersey. Mr. Kerns said that increased tax funding by industry is a myth; industry just increases the burden. He said that all of the counties to the east of Frederick County have higher tax rates because of industry and uncontrolled growth. He commented that fills, cuts, and berms • Frederick County Planning Commission Minutes of November 15, 2000 Page 585 are going to change the entire outlook of this land; battles were not contained in nice, neat boundary lines. Mr. ® Kern stated that all of First Winchester is developed, more than half of Third Winchester is developed; and about half of Stephenson's Depot is developed. He believed these areas should be preserved for future generations. Mr. Douglas Cochran, a resident of Opequon Estates in the Stonewall District, spoke about how he presented his concerns regarding traffic and road capacities to the Board of Supervisors during the Flying J rezoning. Mr. Cochran said that our State and local tax dollars have been used to widen the road in front of Flying J and to widen the northbound off ramp. He said that there are constant back -ups from Flying J to Route I I and all the off - ramps; he said that VDOT has indicated that more state and local tax dollars will have to be spent to replace the overpass due its the inability to handle the current volume of traffic. Mr. Cochran continued, stating that the Mid - Atlantic Industrial & Tech Center rezoning will create traffic issues ten times the magnitude of the Flying J. He mentioned about how the residents of the area will be affected by the increased truck traffic during their day - today activities. Mr. Cochran believed that placing heavy industry in the rural, residential area of the Route I 1 corridor, with all the problems it invites, is a grave disservice to the residents of northern Frederick County. Mr. Mike Weber, a resident of Stonewall District, stated that his property borders the McCann property on two sides; he commented that the McCann property is agricultural land and the County should preserve some of the agricultural land. Mr. Weber believed the Board should hold the next public hearing in a larger facility because many people were not able to be heard. Mr. Weber questioned whether the applicant would pay for 50% or 100% of the lighted intersection at Old Charles Town Road and Route 11; he questioned whether the public water would be available to both the residents of the community and the industrial development, or would it be just for the industrial development; he believed an additional cemetery was located near the barn where the proposed rail is to go; he believed the proposed plans for the development should be • finalized before the rezoning, particularly where water and sewer is planned to be run; and he raised concerns about only one access for the proposed industrial park. Mr. Weber expressed concern about the increased volume of traffic; he said that the Route I 1 area near Crown, Cork & Seal is extremely dangerous and he has witnessed ten wrecks here in the last two weeks; he predicted that the County would be losing watershed; he predicted that the proposed industrial park will use up all of the sewer capacity that is available; he predicted that additional industry will require additional houses, which will require additional services; he was concerned that the quality of life and way of life in this area will be totally changed. Mr. Weber believed this was not the place for an industrial park; he said that it was a residential and agricultural area. He spoke about property taxes and assessment values. Mr. Weber was concerned about the diminishing agricultural business in the County and he asked when the last time agriculture was subsidized; he gave examples and amounts of some of the new industries that Frederick County had subsidized by comparison. Mr. Don Smith, a resident of Opequon Ridge III in Stephenson, spoke in opposition to the rezoning. Mr. Smith said that he has listened to many people who are opposed to this rezoning. Referring to the Flying J operation, Mr. Smith said that the tax payers are asked to give up their money to fix the problems that result. He raised concerns about the noise pollution and the increased traffic. He predicted that the characteristics of the neighborhood would change. Mr. Smith believed we should protect our valuable land. He suggested that Mr. Shockey donate his land to a preservation group. Mr. Darrill Bean suggested that the Commission table this rezoning because there were too many unanswered questions. Mr. Bean believed that Mr. Mark Smith could probably answer a lot of the questions asked by those present because he has worked with Mr. Smith. He believed there could be a little C� Frederick County Planning Commission Minutes of November 15, 2000 Page 586 -10- better planning done on the roads and buffers. Mr. Charles Barr spoke in opposition to the proposed rezoning. Mr. Barr said that we are stewards of this land and it is a bad idea to develop it with an industrial park. Mr. Barr said that he first saw the Shenandoah Valley in 1972 and it impressed him so much that in 1975, he moved here and never left. He said that industry growth begets industry. He did not believe that a large industrial base would lower our taxes. Mr. D. Wayne Nicholas, a resident of the Shawnee District, expressed concern about a statement made during the staff report that the traffic portion of the impact analysis was not yet complete. Mr. Nicholas believed that addressing truck traffic entry onto Route 1 I with a simple traffic light was inadequate and there needed to be a more efficient way of moving traffic. He was concerned how the local aquifer would be affected, if two million gallons per day is used by industry; he believed that local residential wells would be affected. He believed the quality of life for area residents would be affected by the traffic, the noise, and the air pollution. Mr. Nicholas said he was insulted by the $20,000 proffered by the applicant for fire and rescue services; he said that amount wasn't nearly enough to take care of fire and emergency services for an industrial park. Mr. Nicholas disagreed with the statement that a railroad spur will decrease truck traffic; he mentioned the inter -modal transport area in Warren County where every train coming in equals at least 55 -60 trucks going out. Mr. Nicholas believed the rezoning should not be approved because there were too many loose ends that had not yet been addressed. Due to time restraints and other items remaining on the agenda, Chairman DeHaven closed the public comment portion of the meeting. Chairman DeHaven said that additional public hearings will be held until everyone has had an opportunity to share their views. ® The owner /applicant, Mr. Shockey, acknowledged there were some refinements that needed to be made to the proffers related to the comments received this evening. Mr. Shockey believed his proposal was still solid and viable. He stated that they wanted to do things right and wanted the right things to be done. Mr. Shockey requested that his rezoning be tabled and continued. tabling. Chairman DeHaven asked Mr. Shockey and Mr. Smith if they had a time period in mind for Mr. Shockey asked that the rezoning be tabled until the next available meeting. Upon motion made by Mr. Miller and seconded by Mr. Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously table Rezoning Application 404 -00 of Mid - Atlantic Industrial & Tech Center (Shockey Companies) to rezone 208 acres from RA (Rural Areas) to M 1 (Light Industrial) and 239 acres from RA (Rural Areas) to M2 (Industrial General) for an industrial and technology park until the next available meeting. airman DeHaven announced that this issue is tabled until the next available meeting when it will be scheduled for a full public hearing. Chairman DeHaven said that the Commission will continue this discussion and will continue to receive public input. He thanked everyone for their time, their patience, and their demeanor during the meeting. He believed it had been a very productive meeting and many concerns had been shared. He apologized to those who did not get an opportunity to speak or whom did not get an • Frederick County Planning Commission Minutes of November 15, 2000 Page 587 -I1- opportunity to speak for as long as they would like. Chairman DeHaven suspected that the next public hearing • concerning this issue would not occur in the Board Room. He apologized for that as well, stating that the Commission had not actually been able to perceive this amount of public participation when the meeting was scheduled. He thanked everyone for their time and for their contributions. Uion motion made by Mr. Marker and seconded by Mr. Wilson, the Commission unanimously made the petitions pertaining to this issue, plus letters from Mr. Glen Penton, Mr. Brett Morgan, and Mr. Jim Stillwell, a part of the official record. PUBLIC MEETING Master Development Plan 08 -00 of Charming Drive, Land Bays 1 -9, submitted by Greenway Engineering for 846 single - family urban lots and 22 acres of commercial. This property is located on the north side of Senseny Road, one mile east of Greenwood Road and is identified with P.I.N.s 55 -A -206, 55 -A -209, 55 -A -211, 55 -A -213, 65 -A -30, 65 -A -31, 65 -A -39, 65- A -39A, and 65 -A -40 in the Stonewall Magisterial District. Action - Recommended Approval Mr. Evan A. Wyatt, Deputy Planning Director, read the background information and review agency comments. Mr. Wyatt said that the staff has identified four potential issues: 1) Transportation Network - the applicant should revise the Master Development Plan (MDP) to identify connections that will not occur until the segments of Charming Drive and Madison Avenue are completed to serve as the primary means of access to the various phases; those local streets include the Woodrow Road connection to Carlisle Heights, the Morning Glory connection to Apple Ridge, and the Canyon Road connection to Senseny Glen; 2) Phase Plan - the MDP should be revised to eliminate the land bay concept and to develop a phase plan accounting for the total development of each section; 3) Environmental Features - information regarding the amount of each feature of development proposed to be disturbed or incorporated into open space needs to be described within • phase table of the MDP document; and, 4) Agency Comments - the Department of Public Works identified • potential for stormwater impacts on adjacent subdivisions, therefore, they request that certain design features be incorporated within the plan, including as -built drawings for required infrastructure improvements. Mr. Claus Bader of Greenway Engineering, the design company representing the applicant, came forward to address two questions from the Commission, whether the proposed phases would be in the same areas as the land bays and second, what trigger mechanisms would be available in the phased approach. Mr. Bader said that the phases would not be in the same areas as the land bays. He pointed out on a map where Phase I would be, but indicated that locations for Phases 2, 3, and 4 would have to be a "best guess" at this point in time. Mr. Bader said that his biggest trigger mechanism is tied to the 475' building permit, at which time they will have to construct Charming Drive to Valley Mill. He said that other items will be addressed through the regular review process. Mr. Bader said that they intend to comply with their proffer package and they will revise the MDP to comply with all of staffs comments. • Frederick County Planning Commission Minutes of November 15, 2000 Page 5M -12- Chairman DeHaven called for public comments and the following persons came forward to speak: Mrs. Marie F. Straub, a resident on Morning Glory Drive in the Apple Ridge Subdivision and a member ofthe Apple Ridge Subdivision Homeowners' Association, did not want to see Morning Glory Drive extended as a "through street" into the new development. She was concerned about a possible safety hazard, due to increased trcffic and possible speeding. She said that her subdivision does not have sidewalks, curb and gutter, nor street lights, and the neighborhood children are often in the streets playing. In addition, she asked when and where a new elementary school was going to be built in this general vicinity to take care of the increase in elementary school students. Mr. Darrill Bean, representing his mother, was concerned that the ingress /egress to his mother's property be protected throughout the construction process. Mr. Randy Forrester, resident of the Apple Ridge Subdivision, believed that all the phases of the MDP should be finalized during this stage of development. Mr. Forrester next addressed the capacity of the schools and spoke about the difference between "physical" capacity and "practical" capacity. In addition, he said that many of the residents of this area that were present for this agenda item have already gone home, due to the lateness of the evening. Mr. Forrester suggested that no decision on this MDP be made until everyone has had an opportunity to speak. Ms. Trace Golden, resident on Morning Glory Drive, said that they have sold their land on morning Glory Drive due to this proposed development; unfortunately, they bought their new land in the area where the pending rezoning for the Mid - Atlantic Industrial & Tech Center is taking place. Ms. Golden said • that there are too many houses being built, there are not enough schools for the children, and safety is a big concern with the parents and families here. Ms. Golden believed that the County representatives needed to listen to the voters. not big business. Mr. D. Wayne Nicholas, a resident of the Shawnee District, expressed concern about whether or not the FEMA maps used by the applicant to address water run -off were current and actively reflecting existing development. Mr. Nicholas was concerned about the impacts of development over the last 15 years on the local water tables with regard to runoff, storm water treatment, flooding, and downstream impacts. He asked who in Frederick County was responsible for monitoring development with regard to where stormwater was going. Mr. Bader came back to the podium to address some of the public comments. Mr. Bader said that when they are ready to begin the design work for Channing Drive, they will meet with Mr. Bean to make sure the Beans' access is maintained. In regards to Mr. Forrestor's concerns, Mr. Bader said that he is confident that the existing layout for Phase I is accurate and, although he can point out the future phases of development, the detailed design work has not yet begun for those areas. He said that it is possible that the road location may shift slightly due to the layout, however, they hope to minimize any changes. Finally, Mr. Bader addressed stormwater, stating that an aerial topo map was utilized; he stated that all of the design work needs to comply with current county ordinances with respect to quantity control and adjoining property owners can not be adversely impacted. Mr. Bader said that he will utilize the USGS quadsheets to determine overall drainage divides and they will actually drive over the drainage area to identify ground cover and get an accurate picture of the runoff leading to the lake. • Frederick County Planning Commission Minutes of November 15, 2000 Page 589 -13- Commissioner Fisher suggested that the Morning Glory Drive connection be reconsidered • because it created a direct access to Senseny Road. He was concerned that a speeding problem could result because the connection to Senseny Road would be via fairly straight roads. Other members of the Commission believed it was important to have local streets connect whenever possible for a number of reasons. The reasons given were that the local connections provide additional public safety enhancement, such as for school bus travel, mail delivery, and snow removal; the level of service of the overall road network is improved by not forcing all of the traffic into one particular area; and finally, there is convenience to the end -user, ie. the subdivision residents do not have to travel out onto a main road and then back in when there is an obvious connection opportunity. Upon motion made by Mr. Miller and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Master Development Plan #08 -00 of Charming Drive, Land Bays 1 -9, submitted by Greenway Engineering for 846 single - family urban lots and 22 acres of commercial with the stipulation that the review agency comments be complied with, including the phase plan for the development. This recommendation for approval was made by the following majority vote: YES (TO APPROVE) Kriz, Miller, Ours, Thomas, Wilson, Marker, Light, Morris, Unger, DeHaven N0: Fisher L J ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 11:00 p.m. by Respectfully submitted, —v s C. tmlie } p (' �g,D�ir�ec or Charles S. DeHaven, Jr., Chairman • Frederick County Planning Commission Minutes of November 15, 2000 Page 59C