Sep 6, 2002 By Melissa Glisan 4 min read

WHARTON TWP. – The township supervisors have approved the county’s request to reclassify the 127 acres of county-owned land at the Great Meadows Amphitheater under a business zoning designation. The move would accommodate a film company’s plans to operate a studio and tourist attraction there.

Fayette Films LLC, a local company with Hollywood connections, plans to turn the long-unused site into a movie-making facility, a tourist attraction and outdoor performance venue. The property is located near Fort Necessity National Battlefield.

“We aren’t voting tonight because we are in favor of any film company that may or may not even be coming to the area. …We are voting tonight because we’d all like to see some kind of growth happen there, instead of what has been going on, and that is nothing,” Supervisor Joe Henning said at Wednesday night’s vote.

The supervisors’ decision did not come without some public opposition.

According to Joanne Hanley, Fort Necessity superintendent, any change in zoning would not make a difference because of deed restrictions that the state imposed when it sold the amphitheater to Fayette County. Those restrictions limit use of the amphitheater property to conservational/recreational uses, namely those recreational pursuits that do not permanently alter the landscape or those used for monetary gain.

If the state Department of Conservation and Natural Resources does not lift the restrictions by an appeal to the General Assembly, the change in zoning is moot, Hanley said. And, even if the DCNR opts to ask for the change, Hanley said, the General Assembly still has the power to veto it.

Tammy Shell, director of the Fayette County Office of Planning, Zoning and Community Development, also noted that some recreational uses for the site, such as for-profit concerts that have been held in the past, violate the township’s zoning ordinance. The concerts that have been held by non-profit groups are permissible, she said.

In response to Hanley’s concerns, the Fayette County commissioners have proposed creating a 30-foot no-build buffer zone along the side of the property that faces Fort Necessity, limiting building heights to 60 feet and ensuring that the historic Braddock’s Trail is maintained through the site.

Henning said the township planning commission could work well with the county and any leaseholder looking to build on the property so as not to compromise Fort Necessity.

“I think the county would tend to disagree that there is ‘no need to rush’ this decision. The last time the site was put out for bids, they only received one. All that has been done in the past is pour money into the site. I feel we can do something without compromising the fort to bring money back into the township, back into the county and back to the taxpayers who have paid to keep it up the last 25 years,” Henning said.

However, Hanley and resident Dolores Eyring both expressed concerns that development at the amphitheater could visually and audibly affect the battlefield. Hanley said the proposed 30-foot buffer zone would be insufficient.

She said the park service is considering asking the DCNR to require that no ground be disturbed or permanently altered within 100 to 500 feet of the border with Fort Necessity before it lifts the deed restrictions. She also noted that the county has not approached the park service about the buffer zones.

Eyring cited classifications of other film companies’ lots, such as MGM’s and Universal’s, stating that most movie-production facilities are classed as light industrial because of the amount of noise they generate.

“I know about the problems with intense development of movie studios and theme parks, because I lived near Orlando, Florida, for many years and recently decided to return here,” Eyring said.

Hanley issued a statement from the National Park Service stating it “categorically opposes” any development on the amphitheater property next to or in sight of the battlefield. She reminded the supervisors that Fort Necessity is the only French and Indian War battlefield that the park service oversees, and as such, “everyone” has an obligation to help protect the site.

Hanley indicated that George Washington owned part of the amphitheater parcel. She said the park service talked with the county about acquiring the ground over the past two years, but it would take legislation to free up the funds for the service to acquire the land.

As for Hanley’s concerns about affecting the battlefield in light of the upcoming renovation to the fort in honor of its 250th anniversary, Henning said the township planning board, county planning officials, any lease holder as well as the park service can resolve issues surrounding the buffer zones.