THE BERKELEY COUNTY PLANNING COMMISSION MINUTES

THE BERKELEY COUNTY PLANNING COMMISSION MINUTES The Berkeley County Planning Commission met in a regular session on June 16, 2014, 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, Eric Goff, Michael Green, Vickana Norton, Bucky Strauch b. MEMBERS ABSENT: Daniel Gantt, Gary Matthews, Jim Whitacre c. STAFF: Norwood Bentley, Legal Counsel Mike Thompson, Planning Director Kim Petrucci, County Engineer Steve Aberegg, Assistant County Engineer Courtney Gilmore, Administrative Assistant II 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 Linda Barnhart seconded by Eric Goff 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. June 2, 2014 1

ACTION TAKEN: The motion was made by Michael Green and seconded by Eric Goff to approve the Minutes as written. Bucky Strauch abstained due to absence. Call for question. The motion 6. PUBLIC HEARINGS a. REQUEST FOR FINAL PLAT APPROVAL - Markle Subdivision-File # 016-13- The site is located on the south side of WV Route 51 (Middleway Pike), approximately 0.5 miles from the Jefferson County border, in the Mill Creek Tax District. Developer: Mark Markle; Engineer: D.A. Stansbury Engineering. Dirk Stansbury was present as a representative for D.A. Stansbury Engineering. ACTION TAKEN: The motion was made by Eric Goff and seconded by Bucky Strauch to close the Public Hearing. Call for question. The motion President Fox asked staff what issues they had with the project. Steve Aberegg stated he has never seen water turn 110 degrees into a pipe. Dirk Stansbury stated that he was unaware of any issues. He stated that the water will be coming from a bioretension pond at that point and it will pull with laminar flow. Continuing he stated that this is basically a small storm water pond as an emergency spillway that will continue along into ditches and channels. Steve Aberegg responded the bond is sufficient and he recommends approving the project. However, he just wanted to state his issues in the event of a future complaint. Linda Barnhart asked who reviewed the original plans. Staff responded the project had been approved by Alpha and Associates. Michael Green asked Mr. Stansbury if he understood there may be a redesign necessary if this fails. 2

Dirk Stansbury accepted responsibility. ACTION TAKEN: The motion was made by Vickana Norton and seconded by Michael Green to approve the Final Plat contingent upon receipt of an approved surety in the amount of $19,098.00. Call for question. The motion b. REQUEST FOR FINAL PLAT APPROVAL- Potomac Station P.U.D. Phase 2, Section 1 Lots 302-325- File # 001-06a- The site is located on the north side of WV Route 901 (Hammonds Mill Road), to the west of Interstate 81, in the Falling Waters Tax District. Developer: Panhandle Builders; Engineer: Fox & Associates, Inc. Mike Thompson read the description and project notes. Lyn Marsh Hansen was present as a representative for Panhandle Builders. ACTION TAKEN: The motion was made by Linda Barnhart and seconded by Eric Goff to close the Public Hearing. Call for question. The motion ACTION TAKEN: The motion was made by Linda Barnhart and seconded by Bucky Strauch to approve the Final Plat contingent upon receipt of an approved surety in the amount of $279,150.00. Call for question. The motion 7. PRELIMINARY PLAN ADVANCEMENT a. REQUEST FOR PRELIMINARY PLAN ADVANCEMENT- Brown s Funeral Home, Lot 1- File #: 020-11- The site is located on the north side of WV Route 14 (Dupont Road), approximately 500 feet east of its intersection with US Route 11, in the Falling Waters Tax District. Developer: BFH Holdings, LLC; Engineer: Merle Holsinger. Terry Placanica was present as the surveyor for the project. 3

ACTION TAKEN: The motion was made by Linda Barnhart and seconded by Michael Green to grant the exception to Section 705 of the Subdivision Ordinance to not install sidewalks along WV Route 14 (Dupont Road) and advance the Preliminary Plan to the Final Plat stage. Call for question. The motion 8. PRELIMINARY PLAN EXTENSION a. REQUEST FOR PRELIMINARY PLAN EXTENSION- Sundance Valley- File # 030-06- The property is located on the southwest corner of WV Route 13/1 (Lost Road) and WV Route 13 (Dry Run Road), in the Hedgesville Tax District. Developer: Trinity Homes; Engineer: Renn Engineering, Inc. Stephen Cvijanovich was present as a representative for Renn Engineering, Inc. Donald Fox asked the representative if the developer had any objections to bringing the project into compliance with the 2009 Subdivision Ordinance and 2010 Stormwater Management Ordinance. Mr. Cvjanovich responded that the current market does not support development of this project and they hope that it will be better by 2017. He continued that he and the developer understand they will have to bring the project into compliance with the new regulations and have no objections. ACTION TAKEN: The motion was made by Bucky Strauch and seconded by Eric Goff to approve the extension until July 1, 2017, CONTINGENT upon the project being brought into compliance with the 2009 Subdivision Ordinance and 2010 Storm water Management Ordinance,. Call for question. The motion 9. NON-RENEWAL OF LETTER OF CREDIT a. NON-RENEWAL OF LETTER OF CREDIT- Spring Hill Subdivision- Section 2 File # 22-02, Section 3 File # 04-03, Section 4, Phase 1 File # 65-03, Section 5, Phase 1 File # 66-03, Section 5, Phase 2 File # 66-03- The property is located on the north side of Route 51/7 (Sulphur Springs Road), 0.7 miles northeast of Route 51, in the Mill Creek Tax District. Developer: Spring Hill, LLC; Engineer: The Berkeley Associates. 4

ACTION TAKEN: The motion was made by Michael Green and seconded by Eric Goff to have demand letters signed, authorized and be taken to BB&T to demand the funds if new letters of credit are not received prior to the expiration date of July 5, 2014. Call for question. The motion carried unanimously. 10. REQUEST FOR CONSIDERATION a. REQUEST FOR CONSIDERATION- Hensell Heights, Section II, Lot 7A Subdivision- File # 174-08m- The property is located within the Hensell Heights Subdivision, on the northeast corner of the intersection of Anderson Road and Powell Road, in the Falling Waters Tax District. Developer: William S. Haines; Engineer: Berry Surveying Associates. Chris Letrual, Esq. was present on behalf of the developer. Mr. Letrual explained that there was a miscommunication originally as to who was going to record the plats. When he was preparing the closing documentation for the sale he discovered that the lots were never recorded. Vickana Norton asked who picked the plats up upon approval. The representative responded they are not sure. Vickana Norton asked staff if there is a re-plat fee. Michael Thompson responded that the fee for minor projects is $125. He continued that the subdivision still meets the requirements for the major subdivision process. ACTION TAKEN: The motion was made by Vickana Norton and seconded by Eric Goff to re-approve the Minor Plat of Subdivision for a period of no longer than ninety (90) days so that the plat may be recorded. Call for question. The motion 11. STAFF / COUNSEL DISCUSSION / ACTION / MOTION 5

a. Recommendation on Subdivision Regulations Amendment to Article 6 Improvement and Subdivision Guarantees- Mike Thompson stated that a few changes were necessary to the document and asked the Planning Commission if they would like to make a motion to recommend adoption of the amendments to the Berkeley County Council. ACTION TAKEN: The motion was made by Michael Green and seconded by Bucky Strauch to recommend to the Berkeley County Council adoption of the Amendment to Article 6 Improvement and Subdivision Guarantees. Call for question. The motion b. May Plan Review Activity Report- Mike Thompson discussed projects under review at this time. c. Discussion Norwood Bentley stated that the Chandler s Glen investors are considering reducing the development if a plan change is approved so it will be easier to settle the case. He continued that Archers Rock representatives should be meeting with staff on site by the end of the month. b. ADJOURNMENT ACTION TAKEN: The motion was made by Eric Goff and seconded by Michael Green to adjourn the meeting at 6:45 p.m. Call for question. The motion Respectfully Submitted, Courtney Gilmore Administrative Assistant Berkeley County Planning Commission Meeting Minutes June 16, 2014. 6