BOARD OF ZONING APPEALS

February 27, 2002

THE REGULAR MEETING OF THE GREENE COUNTY BOARD OF ZONING APPEALS WAS HELD ON WEDNESDAY, FEBRUARY 27, 2002, AT 7:30 P.M.

Those present were:
Raymond Daughtry, Chairman

Bob Runkle, Vice-Chairman

Joel Snow, Member

Darcy Higgins, Member

Marsha Alley, Secretary

The Chairman called the meeting to order.

Mr. Daughtry announced that there would be one public hearing for a special use permit. He added that Mr. Hahn would not be present tonight due to illness.

PUBLIC HEARING: Gary Schneider–Special Use Permit #02-699

Mr. Daughtry asked Mrs. Alley to read the request.

Mrs. Alley read the request: Gary Schneider requests a special use permit for an outdoor recreational facility on an 80.67 acre tract, which is zoned A-1, located in Stanardsville on Route 230/Madison Road and identified on County Tax Maps as 28-(A)-3. (BZA#02-699) She also read the staff report enclosed in the case file.

Mr. Daughtry presented to the BZA members photos of the property that had been submitted by James Henshaw.

The members reviewed the photos.

Mr. Daughtry swore in the speakers.

Mr. Schneider addressed the BZA. He stated that he would like to address the issues that were raised at the Planning Commission last week. Regarding the road dust concern, he stated that when the special use permit was approved for the cabooses, the condition was for him to use reasonable measures to control the dust. He stated that he had spoken with Jeff Garr, VDOT (Greene Unit), who instructed him that the calcium chloride should be put down as a wet mixture.

Mr. Schneider stated that he believes that he did not spread the calcium chloride properly and would like to try that option once more before having to chip and tar the road. He added that he has a pond as a water source to properly mix, spread and maintain the calcium chloride. He noted that the calcium chloride should work for about a year when spread properly.

Mr. Schneider also stated that he would like to have a few lights. He noted that the insurance company suggested having some lights for safety and security issues. He stated that they would be low voltage lights and would be off by 10:00 pm.

Mr. Schneider explained that he had spoken with several of the neighbors who had concerns about people coming on to their property. He stated that he informs campers to stay off of private property. He added that he would be willing to install signs as well.

Mr. Schneider informed the Board that he has ordered about 1,000 trees from the Department of Forestry which should be arriving on or about March 13^th. He noted that these trees are to be planted along the Oliver property line.

Mr. Daughtry explained to Mr. Schneider that he had only mentioned the concerns and asked him if he would like to address the request itself. Mr. Daughtry stated that the request was for two paintball courses.

Mr. Schneider agreed and stated that the concern last week had not been about the paintball itself but the issues such as road dust.

Mr. Runkle asked Mr. Schneider to explain what Paintball is all about.

Mr. Schneider deferred to Michael Lance.

Mr. Runkle noted that there seem to be a lot of people and bunkers in the provided information photos.

Mr. Lance addressed the Board explaining the paintball concept. He stated that there would be a 5 vs. 5 man inflatable bunker field that measured 50’ x 50’. He described the boundaries being enclosed with netting and natural bunkers, such as logs, in the woods. He stated that in the future the size could increase.

Mr. Runkle asked how many spectators are expected.

Mr. Lance stated that the sport is not exactly a spectator sport, noting that the players are hiding and not easy to see.

Mr. Runkle stated that he assumed there would be no seating for spectators.

Mr. Lance stated that there would be no seating for spectators.

Mr. Runkle asked if there would be two playing fields.

Mr. Lance stated that there would be a 200’ x 300’ field in the flat, low open area and a larger one in the woods. He added that the fields could be divided into playing areas to accommodate players.

Mr. Runkle asked if the intent is to remain within these two areas.

Mr. Lance stated that he was correct.

Mr. Daughtry asked if the areas would be totally surrounded by netting.

Mr. Lance stated that they could be, adding that the insurance company stipulates that the staging area be enclosed for protection but the thick wooded area would not necessitate the netting. He noted that the open area at the top of the hill could have netting or trees.

Mr. Daughtry asked what the travel range of a paintball would be.

Mr. Lance stated that the maximum effective range would be about 40 yards.

Mr. Runkle asked what type of netting is used.

Mr. Lance stated that the netting is similar to that used in greenhouses and is usually olive green or black.

Mr. Snow stated that his concern was about fire safety given that we are currently experiencing a dry period and that the area being used is in close proximity to the Oliver home. He asked if there would be any equipment used that could generate a spark or that would be combustible.

Mr. Lance stated that there would be no pyrogenics allowed.

Mr. Snow asked about competitions and if masks were required.

Mr. Lance stated that full face masks are required in order to participate.

Mr. Snow stated that the masks would cut down on the possibility of smoking.

Mr. Lance agreed.

Mr. Snow asked how far the playing fields are from the camp sites.

Mr. Schneider stated that the camp sites are behind the pool a good distance.

Mr. Snow asked what the level of excitement or noise would be.

Mr. Lance stated that the excitement level is high but the noise is not too loud.

Mr. Snow asked about the object of the game.

Mr. Lance stated that the size of the playing field would sometimes determine the type of play. He described them as elimination, capture the flag, and hostage. He noted that all of the games require speed and intensity.

Mr. Snow asked what the possibility would be for the noise to be obtrusive to adjoining properties.

Mr. Lance stated that it would depend on their sensitivity and the distance. He noted that the closest neighbors are buffered by the woods.

Mr. Runkle stated that he believed the noise could probably be heard for several hundred yards.

Mr. Snow asked how the clientele would be described.

Mr. Lance stated that the clientele is a mixture of young people, moms with minivans full of children, men in their sixties, etc. He noted that they are looking for recreational players.

Mr. Snow asked how players could be stopped from crossing property lines aside from installing signs.

Mr. Schneider stated that he does and will continue to stress the rules and guidelines.

Mr. Lance suggested that a tape line along the physical boundary could be used.

Mr. Snow asked if players are disqualified for crossing property lines.

Mr. Lance stated that they are disqualified.

Mr. Snow asked, for clarification, if the contained play area is a couple hundred yards from the property boundary.

Mr. Lance stated that Mr. Snow was correct and added that the natural movement of the game is toward the center of the field.

Mr. Snow restated that the fields would be at least 100 yards from the property lines.

Mr. Lance stated that they would be.

Mr. Daughtry asked how the balls are propelled.

Mr. Lance explained that compressed air, nitrogen, or carbon dioxide is used to propel the paintball.

Mr. Snow asked how many people are expected per day.

Mr. Lance stated that 100 people per day would be good. He added that he knows of many players in the area.

Mr. Snow asked how many players there are per game.

Mr. Lance stated that in the woods, there could be 40 players per game and on the speed ball field, there could be 8 players per game.

Mr. Snow asked what the plans are for the overflow people.

Mr. Lance stated that they would be in the staging area near the old orchard which will be separated by netting.

Mr. Snow asked if there would be any parking across the creek.

Mr. Schneider stated that there would not. He added that the parking would be behind the office.

Mr. Snow asked if there would be restroom facilities.

Mr. Schneider stated that portable toilets and the bath house would be available.

Mr. Snow asked if there would be a restriction on alcohol.

Mr. Lance stated that there would be strictly no alcohol.

The members asked many questions regarding the play of the game.

Mr. Lance explained that the games last about ten minutes and that they would try to run as many games as possible simultaneously. He added that players can play as long as they want because the fee is for the day. Regarding the business aspect, he explained that the number of players is not really as important as the number of paintballs sold. He added that they hope interest grows and the course is successful so that players will come from distances away. He also stated that he has not seen a problem with having to turn players away.

Mr. Higgins asked how the special use permit for the paintball courses differs from the previous special use permits obtained for the property in regards to noise, visual aspects, etc.

Mr. Schneider stated that the paintball course would be away from the pool and the camp sites and the noise should not be heard.

Mr. Higgins asked what effects this would have on the off-site properties.

Mr. Schneider stated that there should be enough buffer zone so that the other properties are not affected. He added that he would be planting trees along the Olivers’ property line.

Mr. Higgins asked how big the trees would be when they are planted.

Mr. Schneider stated that they are pine seedlings.

Mr. Lance stated that Greg Collier had suggested using these trees at the Planning Commission meeting.

Mr. Schneider stated that they seem to be a fuller tree and should provide a good buffer in a few years.

Mr. Higgins asked Mr. Schneider if he had more confidence in the calcium chloride method this year.

Mr. Schneider stated that he has more confidence in trying it once more since he has spoken with VDOT.

Mr. Lance stated that his neighbor uses it and it works well. He noted that he does hose it down regularly.

Mr. Schneider stated that he did not do that last time but will keep it moist this time.

Mr. Higgins asked if the lighting was addressed last week at the Planning Commission meeting.

Mr. Schneider stated that it was not really discussed but mentioned late in the public hearing.

Mr. Higgins asked where the lights would likely be placed.

Mr. Schneider stated that he would like to have lights at the corners of the playing fields. He noted that he would just like to keep the option open. He added that there would be no activities after 10:00 pm.

Lillian Baird addressed the Board. She stated that she supported this request, adding that paintball seems to be a popular activity. She added that she visited the indoor course in Charlottesville and the Schneider property and believes that it would be an addition to Greene County.

Blanche Whitlock addressed the Board. She stated that she too had visited the indoor course in Charlottesville and the Schneider property. She spoke with Mr. Schneider about a few items that could be tidied on his property. She stated that neither the Town nor the County provide enough for the youth of the County and believes that this request would be a very good idea.

Larry Mayhew, adjoining property owner, addressed the Board. He stated that the course would be directly behind his house and that it will not bother him. He stated that there are at least 100 yards of woods between the properties.

Tom Zakielarz, Chamber of Commerce representative, addressed the Board. He stated that he had visited with Mr. Schneider and believed that this project would be a tourism interest for the county. He added that Mr. Schneider seems to be concerned about being a good neighbor and does what he can to be fair. He noted that it seems to be little impact on the land and seems to be a good business for Greene County.

Mr. Daughtry stated that there are several special use permits approved for the property. He added that more traffic will be generated. He stated that some adjoining property owners expressed concerns regarding players crossing property lines, screening, and the road dust.

Mr. Schneider stated that if the paintball generates that much business, it may justify applying chip and tar.

Mr. Higgins stated that he shared that concern. He added that if the calcium chloride does not work this time, then the chip and tar must be applied.

Mr. Schneider stated that he would just like another chance to see if the calcium chloride works. He added that if it does not work, he would be willing to chip and tar the road.

There was discussion on chip and tar versus calcium chloride.

Mr. Runkle stated that he was somewhat surprised that screening was only called for on some sides of the property and not others.

Mr. Lance stated that he did not understand the concern of the courses being visible. He added that he could say that he did not like seeing 200 head of cattle next door.

Mr. Runkle stated that the property is zoned for cattle to be there but that this request requires a special use permit because it is an agricultural zoning district.

There was discussion about the buffers and screening around the property, noting that the buffer along the Mayhew property remain intact and screening be added to other property lines.

Mr. Runkle asked what color the inflatable bunker would be.

Mr. Lance stated that it is blue. He added that it would be inflated only for play times.

Mr. Snow asked if Mr. Schneider had a water source to maintain the road dust and if the source was depleted, what would his other option be.

Mr. Schneider stated that he has a pond that is about an acre in size and about 12’-15’ deep. He added that if he had no water source, he would have to chip and tar the road.

Mr. Snow asked if the lack of a water source would close his business.

Mr. Schneider stated that the campground would only close if the well went dry.

Mr. Snow state that he believed the calcium chloride with daily watering could work.

There was discussion on road alternatives and screening options.

There being no further comments, the public hearing was closed.

Mr. Snow made a motion to approve special use permit application #02-699 in accordance with Sections 4-1-2.20, 17-2-3.2, and 17-2-3.3 of the Greene County Zoning Ordinance with the following conditions:

1. The use of "outdoor recreational facility" is limited to the 2 paintball courses,
2. The use shall be limited to daytime hours only; no lighting is allowed, and
3. A three-hundred foot buffer be maintained from the paintball courses and the property lines. The location of the courses shall be confined to southwest of the creek as shown enclosed on the sketch.
4. A buffer of 250 evergreen trees planted in 2 rows along the southern property line, especially in open spaces along the boundary with parcel 13, and
5. The road must be treated within 30 days of approval with calcium chloride and watered daily, and
6. The application will require a renewal 1 year from the date of approval.

Mr. Higgins seconded the motion.

There was discussion on the motion regarding the need for daily watering.

Mr. Snow addressed Mr. Schneider stating that how the road dust is handled would probably affect the renewal possibilities.

Mr. Schneider stated that he realized that and agreed.

Mr. Snow implored Mr. Schneider to keep a tight rein on the road dust issue.

Mr. Schneider explained that he was still getting estimates and may still chip and tar the road.

Mr. Snow stated that the chip and tar would solve the problem.

There was discussion on the renewal details. It was determined that the renewal may not have to be done every year but that a review was needed after the first year to be sure that the road dust is controlled.

The conditions of the motion were amended to read:

1. The use of "outdoor recreational facility" is limited to the 2 paintball courses,
2. The use shall be limited to daytime hours only; no lighting is allowed, and
3. A three-hundred foot buffer be maintained from the paintball courses and the property lines. The location of the courses shall be confined to southwest of the creek as shown enclosed on the sketch.
4. A buffer of 250 evergreen trees planted in 2 rows along the southern property line, especially in open spaces along the boundary with parcel 13, and
5. The road must be treated within 30 days of approval with calcium chloride and watered as needed at the discretion of Mr. Schneider, and
6. The application will require a renewal 1 year from the date of approval.

The vote was taken.