THE BERKELEY COUNTY PLANNING COMMISSION MINUTES

Transcription

1 THE BERKELEY COUNTY PLANNING COMMISSION MINUTES The Berkeley County Planning Commission met in a regular session on August 5, 2013, in the Council Chambers at 400 W. Stephen St., Martinsburg, West Virginia. 1. CALL TO ORDER The meeting was called to order at 6:00 p.m. by President Donald Fox, presiding. 2. ROLL CALL a. PLANNING COMMISSION MEMBERS PRESENT: Linda Barnhart, Donald Fox, Daniel Gant, Michael Green, Gary Matthews, Jerry Mays, Vickana Norton, Bucky Strauch, Jim Whitacre MEMBERS ABSENT: Eric Goff and Butch Pennington b. STAFF: Norwood Bentley, Legal Counsel Mike Thompson, Planning Director Steve Thomas, Planner II Kim Shrader, County Engineer Courtney Ponikvar, Administrative Assistant 3. APPROVAL OF THE AGENDA President Fox asked if there were changes to be made to the Agenda. No changes were recommended. ACTION TAKEN: The motion was made by Gary Matthews and seconded by Linda Barnhart to approve the Agenda as submitted. Call for question. The motion carried unanimously. 4. SUNSHINE LAW SPEAKERS No speakers were present 5. APPROVAL OF MEETING MINUTES a. July 15, 2013 ACTION TAKEN: The motion was made by Linda Barnhart and seconded by Jerry Mays to approve the Minutes as written. Daniel Gant, Michael Green, Bucky Strauch abstained due to absence. Call for question. The motion carried unanimously. 1

2 6. PUBLIC HEARINGS a. REQUEST FOR REQUEST SKETCH PLAT ADVANCEMENT C&L Real Estate Construction Shop & Yard File # The site is located on the north side of WV Route 9 (Hedgesville Road), approximately 3,600 feet east of its intersection with WV Route 9/20, in the Hedgesville Tax District. Developer: C&L Real Estate Investment; Engineer: Roberts Land Surveying. Steve Thomas read the description, project notes and waivers previously granted. Mike Roberts, Roberts Land Surveying, was present as representative. Gary Matthews to close the Public Hearing. Call for question. The motion carried unanimously. Daniel Gant asked Mr. Roberts the purpose of this site. Mr. Roberts responded that is going to be for railroad construction; rail ties and switches will be stored there. He also stated that this site will probably have two employees. Gary Matthews to advance the Sketch Plat to the Preliminary Plan stage. Call for question. The motion carried unanimously. Gary Matthews to grant the exception to Section 705 of the Subdivision Ordinance regarding the installation of sidewalks since there are no connecting sidewalks within a couple miles of the site. 7. PRELIMINARY PLAN ADVANCEMENT- a. REQUEST FOR PRELIMINARY PLAN ADVANCEMENT -Wheatland Plaza File # The site is located at 1591 Winchester Avenue (US Route 11), south of its intersection with Apple Harvest Drive (WV Route 45), in the Arden Tax District. Developer: Don Pownall; Engineer: Engineering Solutions. 2

3 Scott Sellers was present as representative for Engineering Solutions. ACTION TAKEN: The motion was made by Gary Matthews and seconded by Jim Whitacre to untable the project. Call for question. The motion carried unanimously. Jim Whitacre confirms that the previous reason for the project to being tabled was due to the DOH permit not being received. Staff confirmed and stated that it has now been received. Jim Whitacre asked if there will be fencing around the retaining wall. Mr. Sellers confirmed yes. Daniel Gant asked if the existing building on the site will be demolished. Mr. Sellers responded no because it has already been remodeled. Michael Green to grant the Preliminary Plan be advanced to the Final Plat stage. Call for question. The motion carried unanimously. b. REQUEST FOR PRELIMINARY PLAN ADVANCEMENT - Fiesta Tapatia Restaurant File # The site is located as Lot B-3 of Spring Mills Towne Center (File # ), on US Route 11 (Williamsport Pike), approximately 1000 feet south of its intersection with WV Route 901 (Spring Mills Road), in the Falling Waters Tax District. Developer: Mr. Jaime Cardona; Engineer: Alpha Associates. Eric Iser was a representative for Alpha Associates ACTION TAKEN: The motion was made by Gary Matthews and seconded by Daniel Gant to grant the Preliminary Plan be advanced to the Final Plat stage. Call for question. The motion carried unanimously. 8. PRELIMINARY PLAN EXTENSION 3

4 a. REQUEST FOR PRELIMINARY PLAN EXTENSION Eastwood Townhomes, Phase 2-File # The site is located at the intersection of Cheshire Road and WV Route 51 (Middleway Pike), near Inwood, in the Mill Creek Tax District. Developer: Mr. Steve Stolipher; Engineer: William H. Gordon Assoc. Kristen Stolipher was present as representative for William H. Gordon Assoc.. Linda Barnhart questioned whether the previous waiver was granted, since it was contingent upon receipt of computations with a seal and signature of the WV Professional Engineer responsible for the design. Ms. Stolipher stated yes. Daniel Gant asked Ms. Stolipher if they were okay with the staff recommendations. Ms. Stolipher responded yes. Also, she asked if the new plans did not meet the September expiration date if they would be penalized. Staff responded no as long as they were received in a timely manner. Gary Matthews to grant a 2-year Preliminary Plan Approval Extension CONTINGENT upon the project being brought into compliance with the 2009 Subdivision Ordinance and the project being brought in compliance with the January 28, 2010 Storm Water Management and Sediment & Erosion Control Ordinance. Additionally the extension will not be effective until new Preliminary Plans are submitted for review for consistency with the 2009 Subdivision Ordinance and that no Final Plats will be accepted for review until both the Planning Department and Engineering Department deem the revised Preliminary Plans to be complete. Call for question. The motion carried unanimously. 9. REQUEST FOR BOND REDUCTION a. REQUEST FOR BOND REDUCTION-Amberfield Subdivision, Section IV (Lots 82-94)-File #: The project is located at the end of Dorchester Drive, approximately 0.36 miles west of its intersection with WV Route 1, in the Falling Waters Tax District. Developer: Highlands of the Potomac, LLC; Engineer: Site Planning & Design, LLC. 4

5 Bruce Cubbage was present as a representative for Engineer: Site Planning & Design, LLC. Michael Green to reduce the required surety from $213, to an approved surety amount of $35,160.00, prior to the release of Final Plats. Call for question. The motion carried unanimously. 10. REQUEST FOR BOND MODIFICATION a. REQUEST FOR MODIFICATION OF BONDING OBLIGATION-Baker s Field (Needy Farm)-File #: The property is located along Route 48/1 (Quincy Lane), approximately 1/3 mile from its intersection with Route 40 (Winebrenner Road), in the Opequon Tax District. Developer: John H. Eaton; Engineer: Dewberry. Mike Thompson read the description and project notes. No representative was present. Linda Barnhart asked how the planning department will keep track of these bonds. The staff responded that they will be kept with all the current bonds and follow the same system that is already in place. ACTION TAKEN: The motion was made by Linda Barnhart and seconded by Daniel Gant that based on the findings of the County, this project meets the requirements of Section of the Subdivision Regulations and the Commission finds the request is in the best interest of the County and authorizes the developer to work with staff to complete the preparation and execution of the required agreement regarding their bonding obligations. Call for question. The motion carried unanimously. b. REQUEST FOR MODIFICATION OS BONDING OBLIGATION- McCauley Crossing Townhomes, Section 1-File #: The property is located approximately 800 feet south of Giles Mile Road (WV 26) at the east end of Ruland Drive east of McWharton Way near Bunker Hill, in the Mill Creek Tax District. Developer: Newbraugh-Ryan, LLC; Engineer: Fox & Associates. Mike Thompson read the description and project notes. 5

6 Matt Powell was present representing Dan Ryan Builders. Jim Whitacre asked the staff if there were any utilities. Michael Thompson responded no and the cul-de-sac is a dead end. Steve Aberegg responded the only thing on this site is a storm water pond required under another phase of the development. Gary Matthews that based on the findings of the County this project meets the requirements of Section of the Subdivision Regulations and the Commission finds the request is in the best interest of the County and authorizes the developer to proceed with the preparation and execution of the required agreement regarding their bonding obligations. Call for question. The motion carried unanimously. a. STAFF / COUNSEL DISCUSSION / ACTION / MOTION Mike Thompson stated that he is scheduling future agenda items from farmland protection, sewer, and environmental agencies. Norwood Bentley stated he has officially received the last bill for Chandlers Glen. Michael Thompson stated that Butch Pennington Has requested not to be reappointed to the commission at end of his current term that runs through the end of the month and stated that the commission needs to start thinking about if they want to ask the council to nominate a new member. Don Fox also asked that the Planning Commission support staff in their request for funding regarding the upcoming Comprehensive Plan update. b. ADJOURNMENT Gary Matthews to adjourn the meeting at 6:42 p.m. Call for question. The motion carried unanimously. Respectfully Submitted, Courtney Ponikvar Administrative Assistant II Berkeley County Planning Commission Meeting Minutes August 5,