The Jefferson County Planning & Zoning Commission met on Tuesday, December 11, 2001, with the President, Scott Coyle presiding.  Other Planning Commission members present were: Arnie Dailey, Dean Hockensmith, James Gibson, Russell Roper, Renny Smith, Samuel Donley, Mark Schiavone, David Hammer, Chris Stiles, Elizabeth Blake, James Gross and Phil Coffey.  Staff members present were Paul Raco, Stephen Bockmiller, John Baumgardner, Roger Goodwin and Rebecca Burns.

 Rosella Kern and David Mills were absent with notification.  Matthew Ward was absent without notification.
 
 Mr. Coyle called the meeting to order at 7:30 p.m.  Ms. Smith motioned to accept the Minutes of the November 27, 2001 regular meeting.  Mr. Dailey seconded the motion which carried unanimously.

1.  Final Plat Public Hearing for the Breckenridge Subdivision, Section IB, Lots 101-166 & Lot A-Residue.  Mr. Coyle excused himself from the meeting room for this item.  Mr. Dailey chaired the meeting for this request.  Mr. Gross arrived (7:31 p.m.) during Mr. Bockmiller’s presentation of the project.  Mr. Baumgardner stated the final plat is in compliance with the standards of the Ordinance and recommended acceptance subject to all bonding arrangements being made and in place.  There was no public comment.  Mr. Donley motioned to accept the final plat subject to the Staff and Engineer’s recommendation.  Mr. Stiles seconded the motion which carried unanimously.  Mr. Coyle returned to the meeting room and chaired the remainder of the meeting.

2.  Final Plat Public Hearing for the Hebie L. Clipp Subdivision, Lots 2E, 2D & 2A-Residue.  Ms. Blake arrived (7:35 p.m.) during Mr. Bockmiller’s presentation of the project.  The Staff and Engineer recommended acceptance of the final plat.  There was no public comment.  Mr. Gibson motioned to accept the final plat subject to the Staff and Engineer’s recommendation.  Mr. Dailey seconded the motion which carried unanimously.

3.  Final Plat Public Hearing for the Charles F. Adams Minor Subdivision, Lots 1, 2  &
3-Residue.  Mr. Bockmiller presented the project.  The Staff and Engineer recommended acceptance of the final plat.  There was no public comment.  Ms. Smith motioned to accept the final plat subject to the Staff and Engineer’s recommendation.  Mr. Gibson seconded the motion which carried unanimously.

4.  Final Plat Public Hearing for the Kristie A. George Minor Subdivision, Lots A, B &
C-Residue.  Mr. Bockmiller presented the project.  The Staff and Engineer recommended acceptance of the final plat.  There was no public comment.  Mr. Donley motioned to accept the final plat subject to the Staff and Engineer’s recommendation.  Mr. Dailey seconded the motion which carried unanimously.

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5.  Final Plat Public Hearing for the Fernbank at Cress Creek Subdivision, Lots 76-84, 102, 103, 115, 118 & Residue.  Mr. Bockmiller presented the project.  The Staff and Engineer recommended acceptance of the final plat subject to all bonding arrangements being made and in place.  There was no public comment.  Mr. Hammer motioned to accept the final plat subject to the Staff and Engineer’s recommendation.  Ms. Smith seconded the motion which carried unanimously.

6.  Community Impact Statement Review for the Quail Ridge Subdivision, Section II.  Mr. Bockmiller stated the addendum submitted addresses the Staff’s concerns.  Mr. Richard Klein of Alpha Associates gave each Commissioner present an addendum to the CIS and presented the project for the record.  There was no public comment.  Mr. Hammer raised concerns about school capacity.  Mr. Bockmiller reminded the Commission the County does not have an adequate public facilities ordinance, that it is up to the School Board to provide the necessary schools and that it is illegal for the Commission to impose a building moratorium.  Mr. Hockensmith motioned to accept the CIS.  Mr. Roper seconded the motion.  Mr. Hammer motioned to amend the motion by having the Staff contact the Board of Education to inquire as to whether or not Jefferson High School can handle the increase in student population.  The amendment to the motion died for a lack of a second.  Mr. Schiavone stated he felt the School Board should be questioned about school capacity outside the context of this particular development.  The original motioned passed with a vote of 8 for and 2 opposed (Mr. Hammer and Mr. Schiavone, both stated they were opposed based on school capacity not because there was a flaw in this particular CIS).

7.  Community Impact Statement Review for Shared Towers Wireless Communications Facility/John W. Darnall property.  Mr. Bockmiller stated the addendum submitted addresses the Staff’s concerns.  Mr. Michael Shepp of Appalachian Surveys of West Virginia LLC presented the CIS for the record and gave each Commissioner present a copy of the archeological study.  Mr. Shepp noted the addendum to the CIS was mailed to each of the Commissioners.  Mr. Shepp submitted for the record balloon tests conducted.  Mr. Dan Riss and Mr. Fred Blackmer questioned the visibility of the tower from Route 340 at the Cliffside and whether or not the tower would be co-shared.  Mr. Kamal Doshi of Shared Towers stated the tower was not visible from one mile out and that the tower could accommodate up to five users.  Mr. Hammer motioned to accept the CIS.  Ms. Smith seconded the motion which carried unanimously.

8.  Public Hearing on the unresolved issues and action on the Conditional Use Permit for Daniels Forest Subdivision.  Mr. Raco presented the Staff Report for the record (copy attached) noting a correction to the date of the public hearing from November 13, 2001 to December 11, 2001.  Mr. Coyle asked if anyone in the audience had a dispute with the Staff Report as presented.  No one from the public testified regarding the Staff Report.  Mr. Hammer motioned to accept the Staff Report noting the correction in the date of the public hearing (copy attached).  Ms. Smith seconded the motion which carried unanimously.

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 Mr. Shepp presented the project for the record stating the appeal before the Zoning Board of Appeals was an unwarranted attempt to deprive the developer of the use of his property.  Mr. Shepp noted the density proposed is less than half of what is allowed by Ordinance with central water and sewer.  Mr. Shepp stated that there are no back taxes owed on this property.

 Mr. Paul Burke and Ms. Paulette Lashley addressed concerns about the density as it relates to traffic volume, demands on schools as it relates to special needs children and the diminished view scape.  Mr. Shepp stated a traffic study will be conducted and improvements made to the State Road if deemed necessary by the West Virginia Department of Highways.

 Ms. Smith motioned to issue the Conditional Use Permit with the resolved issues, the  wooded buffer being preserved on the western side of Flowing Springs Road and a 30% reduction in density.  Mr. Hammer seconded the motion.  Mr. Bockmiller suggested that if the conditions remain in the CUP that a revised sketch plan be required, showing how the lots will be laid out and the buffer location, because it is a substantial deviation from what is currently proposed.  Mr. Hammer motioned to the amend the motion to include Mr. Bockmiller’s recommendation. Mr. Schiavone seconded the amendment to the motion which failed with a vote of 3 for (Mr. Hammer, Mr. Schiavone and Ms. Smith) and 7 opposed.  The original motion failed with a vote of 3 for (Mr. Hammer, Mr. Schiavone and Ms. Smith) and 7 opposed.

 Mr. Donley motioned to issue the Conditional Use Permit with all of the resolved issues outlined in the Staff Report being apart thereof.  Mr. Dailey seconded the motion which carried with a vote of 7 for and 3 opposed (Mr. Hammer, Mr. Schiavone and Ms. Smith).
 
9.  Request by Peggy Colbert for a variance from the subdivision exemptions to allow a transfer of land from a sister to a sister and brother-in-law (Article 2, Section 2.1b of the Jefferson County Subdivision Ordinance).  Mr. Bockmiller recommended the request be postponed until the January 8, 2002 meeting because Ms. Colbert is ill and unable to attend this meeting.  Mr. Hockensmith motioned the same.  Mr. Dailey seconded the motion which carried unanimously.

10.  Site plan approval and issuance of the Improvement Location Permit for Shared Towers Wireless Communications Facility (Thomas LeFevre property).  Mr. Baumgardner stated the site plan is in compliance with the Ordinance standards and  recommended approval of the site plan and issuance of the ILP subject to all bonding arrangements being made and in place.  Mr. Dailey motioned to approve the site plan subject to the Engineer’s recommendation.  Mr. Hockensmith seconded the motion which carried unanimously.

11.  Request by Mr. Kamal Doshi on behalf of John W. Darnall and Shared Towers LLC for a variance from Article 3, Section 3.1a of the Jefferson County Subdivision Ordinance for a communication tower.  Specifically this is for a lease not to be considered a subdivision.

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Mr. Shepp presented the request stating they are asking not to be considered a subdivision which is what has been done in the past for cellular towers.  Mr. Shepp stated a site plan would be submitted to address Ordinance requirements.  Mr. Bockmiller stated in this instance a final plat would serve no purpose.  Ms. Smith motioned to grant the variance as requested.  Mr. Dailey seconded the motion which carried unanimously.

15.  Comprehensive Plan.  Mr. Bockmiller stated he spoke with Mr. DeHaven from the Jefferson County Health Department and he is willing to address any questions/concerns about wells and septics during a public hearing before the entire Commission.  Mr. Schiavone asked that the Commission receive Mr. Tustian’s draft plan at lease one week prior to the public hearing.

13.  Mr. Schiavone motioned for the Commission to go into an Executive Session for personnel matters.  Ms. Smith seconded the motion which carried unanimously.  Mr. Schiavone motioned to return to regular session.  Ms. Smith seconded the motion which carried unanimously.  Mr. Roper motioned to recommend to the County Commission acceptance of Mr. Bockmiller as the Chief Planner for the County.  Mr. Schiavone seconded the motion which carried unanimously.

The remainder of the Planning Commission meeting was conducted in the Jefferson County Court House in the Circuit Courtroom.

14.  Public Hearing on proposed changes to the Jefferson County Zoning & Development Review Ordinance pertaining to the properties known as Summit Point Raceway.  Mr. Bockmiller stated the Commission is at a point in the process that after the public hearing they can forward the proposed amendments to the County Commission for their consideration and action; they can amend the proposals and forward them to the County Commission; or, they can reject and deny the amendments.  Mr. Coyle stated each person would be limited to two minutes and they should state their name and residency for the record.

The following individuals spoke: Barbara Boughton, Clarke County, VA.; Chuck Allard, Rockville, MD with the Washington, DC Region Sports Car Club of America; Bonita Kelly, Shepherdstown, WV; Bruce Bowers; Kansas City, MO, consulting engineer with Triad who conducted a noise survey for the subject property; Mary Alice Lemen, Summit Point, WV; Fred Longerbeam, Summit Point, WV; Martin Burk, Silver Spring, MD; Ed Yourkovich, Summit Point, WV; MaryBeth Ferrebee, Summit Point, WV; Roger Landis, Summit Point, WV; Mary Marr, Clarke County, VA; Norma Eisner, Summit Point, WV; Brigadier General, Tim Haake with U.S. Special Operations Command, Washington DC; Don Barrach, WV; Paul Burke, Shepherdstown, WV; Barbara Scott, Summit Point Raceway; Tom Weems, Raleigh, MO; Ed Boober, Sheriff of Jefferson County; Susan Gentry, Summit Point, WV; Peter Chakmakian, Summit Point Raceway; and, William Scott, Summit Point Raceway.
 
 

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 The concerns addressed by the public opposed to the proposal for the most part dealt with the issue of noise; restricting decibel levels; lack of definitions which favors the race track; increased clientele at the racetrack; unlimited hotel and restaurant facility; broadness of proposed amendments; and, lack of definition for automobile related activities.

 Members of the public in support of the request addressed the following: noise not a nuisance; responsibility of home purchasers to research area before buying; tracks need to be competitive in the research and development field; decibels are below levels considered to be unsafe; scrutiny of this business in comparison to other businesses desiring to expand; benefits of training facility to law enforcement, military and government personnel; revenue generated for the County; voluntary installation of noise abatement measures; and, generosity of owners to County and community.

 Mr. Roper motioned to send the amendment to the County Commission for adoption (copy attached).  Mr. Donley seconded the motion.  Ms. Smith motioned to amend the motion to allow the amendment as long as the property is owned by the Scotts.  The amendment to the motion died for a lack of a second.  Mr. Hammer motioned to amend the motion to stipulate that it would have a fifteen (15) year time limit.  Mr. Schiavone seconded the amendment to the motion which failed with a vote of 8 opposed and 2 for (Mr. Hammer and Mr. Schiavone).  The original motion passed with a vote of 8 for and 1 opposed (Mr. Schiavone).

The meeting adjourned at 11:15 p.m.  A detailed transcript of this meeting can be found on Tape(s) #99, #100 and #101.  These Minutes were prepared by Rebecca Burns.

 MINUTES
 JEFFERSON COUNTY PLANNING & ZONING COMMISSION
 NOVEMBER 27, 2001

 The Jefferson County Planning & Zoning Commission met on Tuesday, November 27, 2001, with the President, Scott Coyle presiding.  Other Planning Commission members present were: Arnie Dailey, Dean Hockensmith, James Gibson, Russell Roper, Renny Smith, Samuel Donley, Mark Schiavone, David Hammer, Chris Stiles, Elizabeth Blake, James Gross and Matthew Ward.  Staff members present were Stephen Bockmiller, John Baumgardner, Roger Goodwin and Rebecca Burns.

 Rosella Kern and David Mills were absent with notification.  Phil Coffey was absent without notification.

 Mr. Coyle called the meeting to order at 7:30 p.m.  Mr. Hammer motioned to accept the Minutes of the November 13, 2001 regular meeting with a correction to page 1 paragraph 7 to reflect Mr. Hammer’s gender as male.  Mr. Schiavone seconded the motion which carried unanimously.

1.  Final Plat Public Hearing for the Briar Run Estates Subdivision, Phase IV, Lots 134-197.  Mr. Bockmiller’s presented the project  and deferred to the County Engineer for his recommendation.  Mr. Baumgardner stated the final plat is in compliance with the standards of the Ordinance and recommended acceptance subject to all bonding arrangements being made and in place.  There was no public comment.  Mr. Donley motioned to accept the final plat subject to the Staff and Engineer’s recommendation.  Mr. Hockensmith seconded the motion which carried unanimously.

2.  Request by Peggy Colbert for a variance from the subdivision exemptions to allow a transfer of land from a sister to a sister and brother-in-law (Article 2, Section 2.1b of the Jefferson County Subdivision Ordinance).  Mr. Roper arrived (7:39 p.m.) during action on the request.  No one indicated they were present to represent the request.  Mr. Bockmiller recommended the request be postponed until the December 11, 2001.  Mr. Dailey motioned to postpone the request until the December 11, 2001 meeting.  Ms. Smith seconded the motion which carried with a vote of 9 for and 1 abstention (Mr. Roper).

3.  Request by Lowe Products, Inc. for a variance from the road entrance requirements for an approved site plan for a warehouse addition (Article 11, Section 11.2b).  Mr. Baumgardner stated since the site plan approval by the Commission a connector road has been built between Route 45 and Route 480 and a WVDOH commercial entrance installed in a location which is safer than the entrance proposed to Route 45.  Scott Lowe was present on behalf of the request.  Mr. Hammer motioned to grant the variance from the road entrance requirements as shown on the approved site plan.  Ms. Smith seconded the motion which carried unanimously.

4.  Site plan approval and issuance of the Improvement Location Permit for Ruby Tuesday Restaurant.  Mr. Ward arrived (7:48 p.m.) during Mr. Bockmiller’s presentation of the site plan.  Mr. Baumgardner stated the site plan is in compliance with the Ordinance standards and

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recommended approval of the site plan and issuance of the ILP subject to all bonding arrangements being made and in place.  Ms. Smith motioned to approve the site plan subject to the Engineer’s recommendation.  Mr. Hockensmith seconded the motion which carried unanimously.

5.  Site plan approval and issuance of the Improvement Location Permit for the Seven Seas Convenience Store.  Mr. Bockmiller presented the site plan and deferred to the Engineer for his recommendation.  Mr. Baumgardner stated the site plan is in compliance with the Ordinance standards and recommended acceptance of the site plan and issuance of the ILP subject to all bonding arrangements being made and in place.  Mr. Hockensmith motioned to approve the site plan subject to the Engineer’s recommendation.  Mr. Stiles seconded the motion which carried unanimously.

6.  Continued from the November 13, 2001 meeting.  Discussion on the Draft revisions to the Jefferson County Planning & Zoning Commission Bylaws & Code of Ethics.  Mr. Coyle stated Mr. Cassell is in a trial and unable to be present.  The Commission had several questions and concerns about the proposal.  Mr. Coyle asked that the Commission put any and all questions about the draft document in writing and that they be submitted to the Staff by no later than January 2, 2002 and that discussion on the Bylaws and Code of Ethics be scheduled for the January 8, 2002 Planning Commission meeting.

7.  Comprehensive Plan.  Mr. Bockmiller stated he would like to schedule times for the two public hearings required as part of the Comprehensive Plan process.  Mr. Donley motioned to schedule a public hearing for Tuesday, January 29, 2002 at 7:30 p.m. and Tuesday, February 5, 2002 at 7:30 p.m.  Sam Donley seconded the motion which carried unanimously.

8.  Correspondence.  1) Letter from Bolivar regarding the Bylaws.  2) Legal advertisement for Summit Point Raceway Public Hearing on Zoning amendments.  3) Memo from Mr. Bockmiller with his e-mail address.  4) Mr. Ward presented an article titled “Smart Growth and Small Communities Come to Rural America”.

The meeting adjourned at 8:51 p.m.  A detailed transcript of this meeting can be found on Tape(s) #94.  These Minutes were prepared by Rebecca Burns.

MINUTES
 JEFFERSON COUNTY PLANNING & ZONING COMMISSION
 NOVEMBER 13, 2001

 The Jefferson County Planning & Zoning Commission met on Tuesday, November 13, 2001, with the Secretary/Treasurer, Arnold Dailey presiding.  Other Planning Commission members present were:  Dean Hockensmith, James Gibson, Russell Roper, Renny Smith, Samuel Donley, Mark Schiavone, David Hammer, Elizabeth Blake, Phil Coffey and Matthew Ward.  Staff members present were Stephen Bockmiller, John Baumgardner, Roger Goodwin, Rebecca Burns and Michael Cassell.

 Scott Coyle, Chris Stiles, Rosella Kern, David Mills and James Gross were absent with notification.

 Mr. Dailey introduced Roger Goodwin as the new County Chief Engineer.

 Mr. Dailey called the meeting to order at 7:30 p.m.  Ms. Smith motioned to accept the Minutes of the October 16, 2001 special meeting.  Mr. Gibson seconded the motion which carried unanimously.  Ms. Smith motioned to accept the Minutes of the October 23, 2001 regular meeting.  Mr. Gibson seconded the motion which carried unanimously.

 Mr. Dailey stated in the absence of the other officers, Ms. Kern and Mr. Coyle, that he would like to postpone discussion on the Bylaws and Code of Ethics until the November 27, 2001 meeting.  Ms. Smith motioned to postpone discussion by the Planning & Zoning Commission on the draft revisions to the Jefferson County Bylaws & Code of Ethics (Item #8 on the agenda) until the November 27, 2001 meeting.  Mr. Schiavone seconded the motion which carried unanimously.

1.  Final Plat Public Hearing for the Elizabeth West Minor Subdivision, Lots 1-Residue and Lot 2.  Mr. Bockmiller’s presented the project  and deferred to the County Engineer for his recommendation.  Mr. Baumgardner stated the final plat is in compliance with the standards of the Ordinance.  There was no public comment.  Mr. Donley motioned to accept the final plat subject to the Staff and Engineer’s recommendation.  Mr. Hockensmith seconded the motion which carried unanimously.

2.  Final Plat Public Hearing for the Abelow Farm Subdivision, Lots 9-20 & 38-42 & Lot
A-Residue.  Mr. Dailey stated he had to excuse himself from the meeting room for this item and in the absence of any officers appointed Mr. Gibson as chair.  Mr. Ward arrived (7:40 p.m.) during action on the final plat.  Mr. Bockmiller’s presented the project  and deferred to the County Engineer for his recommendation.  Mr. Baumgardner stated the final plat is in compliance with the standards of the Ordinance and recommends acceptance subject to all bonding arrangements being made and in place.  There was no public comment.  Mr. Hammer motioned to accept the final plat subject to the Staff and Engineer’s recommendation.  Mr. Hockensmith seconded the motion which carried unanimously.
 

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3.  Final Plat Public Hearing for the Breckenridge Subdivision, Section IB, Lots 101-166 & Lot A-Residue.  Mr. Bockmiller recommended postponement of this hearing until the December 11, 2001 meeting provided the site is stabilized and changes to the approved are preliminary plat are submitted to the office and approved by the Staff.  Ms. Smith motioned to postpone the final plat public hearing on this project until the December 11, 2001 meeting subject to the Staff’s recommendation.  Mr. Donley seconded the motion which carried unanimously.

4.  Request by Dirk Stansbury on behalf of the Diocese of Wheeling for a waiver from the limited site plan process for replacement of a deck at Priestfield Pastoral Center (Article 11, Section 11.2 of the Jefferson county Subdivision Ordinance).  Mr. Stansbury stated this is one of many ongoing improvements to the facility.  Mr. Stansbury noted they are replacing an existing deck which is structurally unsound with a new one and new construction beyond the deck replacement is not increasing beyond 250 square feet.  Mr. Bockmiller stated there is an existing site plan in the office which could be red-lined to reflect the changes taking place.  Mr. Hockensmith motioned to grant the waiver from the site plan process as requested.  Mr. Schiavone seconded the motion which carried unanimously.

5.  Request by Peggy Colbert for a variance from the subdivision exemptions to allow a transfer of land from a sister to a sister and brother-in-law (Article 2, Section 2.1b of the Jefferson County Subdivision Ordinance).  Ms. Colbert and her brother Daniel Jackson presented the request.  Ms. Colbert stated she would like to transfer 2½ acres to her sister so she and her husband can move back to this area.  Ms. Colbert stated she is a nurse and will be able to help care for her sick brother-in-law if she is permitted to transfer the acreage to them.  Mr. Bockmiller recommended denial of the request based on the precedent it will set.  Mr. Bockmiller stated the only time this has been allowed is when the property is being transferred from a family farm corporation to one of the children within the corporation.  Mr. Bockmiller stated they may be able to achieve their goal by processing a minor subdivision.  Ms. Smith motioned to postpone the request until the November 27, 2001 meeting.  Mr. Hammer seconded the motion which carried unanimously.

6.  Request by Peter Chakmakian on behalf of JDM Locust Hill LLC to have the Minutes of the August 28, 2001 Planning & Zoning Commission meeting amended and corrected as they relate to the final plat approval for the Locust Hill Subdivision, Lots 259-314 & 448-464 & Lot A-Residue.  Mr. Chakmakian stated they believe the minutes should reflect that the water tower for this project will be bonded at such time it is determined to be needed.  Ms. Smith stated that she concurred with Mr. Chakmakian’s assessment and motioned to correct the minutes to reflect the same.   Mr. Gibson seconded the motion which carried unanimously.

7.  Discussion by the Planning Commission on the proposed amendments to the Jefferson County Zoning & Development Review Ordinance pertaining to Summit Point Raceway/BSR, Inc.  The Commission felt the primary concern of the public opposed to the proposal was the noise factor.

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Mr. Hammer motioned to move forward with the process and schedule the public hearing on the proposed amendments and change the wording of the setback requirement to require
a 200 foot setback from all boundary lines for the enlarged track.  Mr. Hockensmith seconded the motion which carried unanimously.

9.  Comprehensive Plan.  Mr. Bockmiller stated that Mr. Tustian’s would like to schedule a special meeting for December 18, 2001 at 7:30 p.m. to discuss his draft proposal.  Ms. Smith motioned the same.  Mr. Donley seconded the motion which failed with a vote of 1 (Renny Smith) and 7 opposed.  Mr. Schiavone motioned to schedule this for the regularly scheduled January 8, 2002 meeting.  Mr. Hammer seconded the motion which carried unanimously.

10.  2000 Annual Report.  Mr. Donley motioned to accept the 2000 Annual Report.  Mr. Hammer seconded the motion which carried unanimously.

11.  Correspondence.  Mr. Bockmiller presented a letter from Jean Bray regarding the need for affordable housing in the County.

The meeting adjourned at 8:55 p.m.  A detailed transcript of this meeting can be found on Tape(s) #90.  These Minutes were prepared by Rebecca Burns.
 

MINUTES
 JEFFERSON COUNTY PLANNING & ZONING COMMISSION
 OCTOBER 23, 2001

 The Jefferson County Planning & Zoning Commission met on Tuesday, October 23, 2001, with the President, Scott Coyle presiding.  Other Planning Commission members present were:  Dean Hockensmith, James Gibson, Arnold Dailey, Russell Roper, Renny Smith, Chris Stiles, Mark Schiavone, David Hammer, Rosella Kern, Elizabeth Blake, James Gross and Matthew Ward.  Staff members present were Stephen Bockmiller, John Baumgardner, Rebecca Burns and Michael Cassell.

 David Mills and Samuel Donley were absent with notification.  Phil Coffey was absent without notification.

 Mr. Coyle called the meeting to order at 7:30 p.m.  Mr. Hockensmith motioned to accept the Minutes of the October 4, 2001 special meeting.  Mr. Gibson seconded the motion which carried unanimously.  Mr. Dailey motioned to accept the Minutes of the October 9, 2001 regular meeting.  Mr. Schiavone seconded the motion which carried unanimously.

1.  Final Plat Public Hearing for the Sandra K. Armstrong Minor Subdivision, Lots A, B &
C-Residue.  Mr. Roper arrived (7:35 p.m.) during Mr. Bockmiller’s presentation of the project.  Mr. Bockmiller presented the project and deferred to the County Engineer for his recommendation.  Mr. Baumgardner stated the final plat is in compliance with the standards of the Ordinance.  There was no public comment.  Mr. Hockensmith motioned to accept the final plat subject to the Staff and Engineer’s recommendation.  Arnie Dailey seconded the motion which carried unanimously.

2.  Site plan approval and issuance of the Improvement Location Permit for Summit Point Raceway.  Mr. Bockmiller presented the project noting it is for a 40' x 12' storage building.  Mr.  Baumgardner recommended approval of the site plan subject to all bonding arrangements being made and in place prior to issuance of the Improvement Location Permit.  Mr. Stiles motioned to approve the site plan and authorized issuance of the ILP subject to the Engineer’s recommendation.  Ms. Kern seconded the motion which carried unanimously.

3.  Request by Ryan and Heather Willis for a waiver from the site plan process to allow a home occupation be conducted from their home; and, that the single family restriction be removed to allow the home occupation.  Mr. Bockmiller stated the request was denied by the Zoning Board of Appeals, therefore, making this request moot.

4.  Continued from the September 25, 2001 meeting.  Discussion by the Commission on the Draft revisions to the Jefferson County Planning & Zoning Commission Bylaws.  Mr. Coyle stated the first thing the Commission needs to do is decide whether or not to keep the Bylaws and Code of Ethics as one or two documents.  Ms. Kern motioned to have three separate documents (1) Bylaws (2) Code of Ethics and (3) Policy and Procedures Manual which outlines how the Staff conducts business in the office.  Mr. Hammer seconded the motion.  Mr. Bockmiller

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cautioned the Commission about attempting to regulate the operations of the Department of Planning, Zoning and Engineering which is Mr. Raco’s function as Executive Director.  The motion failed with a vote of 4 for (Mr. Hammer, Ms. Kern, Ms. Smith and Mr. Schiavone) and 6 opposed.  Mr. Hockensmith motioned that the Bylaws and Code of Ethics be one document.  Mr. Stiles seconded the motion which carried with a vote of 6 for and 4 opposed (Mr. Hammer, Ms. Kern, Ms. Smith and Mr. Schiavone).

 Mr. Hammer motioned that Mr. Bockmiller and Mr. Cassell provide a fourth draft of a  unified and consolidated document for consideration by the Commission at another meeting.  Mr. Roper seconded the motion which carried unanimously.

5.  Cancellation of the December 25, 2001 meeting.  Mr. Schiavone motioned to cancel the December 25, 2001 meeting.  Mr. Hammer seconded the motion which carried unanimously.

6.  Comprehensive Plan.  Mr. Bockmiller stated that Mr. Tustian’s schedule is extremely tight and that he anticipates having a summary to the Commission close to Thanksgiving.

7.  Correspondence.  None.  Mr. Ward presented several articles and books to be maintained in the office for reference.

The meeting adjourned at 9:00 p.m.  A detailed transcript of this meeting can be found on Tape(s) #88.  These Minutes were prepared by Rebecca Burns.

MINUTES
 JEFFERSON COUNTY PLANNING & ZONING COMMISSION
 OCTOBER 9, 2001

 The Jefferson County Planning & Zoning Commission met on Tuesday, October 9, 2001, with the President, Scott Coyle presiding.  Other Planning Commission members present were:  Dean Hockensmith, James Gibson, Arnold Dailey, Russell Roper, Renny Smith, Chris Stiles, Mark Schiavone, Elizabeth Blake and James Gross.  Staff members present were Stephen Bockmiller, John Baumgardner and Rebecca Burns.

 Matt Ward, David Mills, David Hammer, Samuel Donley, Rosella Kern and Phil Coffey were absent with notification.

 Mr. Coyle called the meeting to order at 7:30 p.m.  Ms. Smith motioned to accept the Minutes of the September 25, 2001 meeting.  Mr. Gibson seconded the motion which carried unanimously.

1.  Community Impact Statement Review for the Miller Station Commercial Subdivision.  Mr. Bockmiller stated items are pending to complete the CIS for Staff approval and the developer’s design consultant has asked for a postponement.  By consensus, the Commission postponed the request.  Mrs. Burns noted that the CIS would be readvertised before being placed on the Planning Commission’s agenda so that the public is aware of the meeting date.

2.  Rescheduled from the September 18, 2001 meeting.  Discussion between the Historic Landmarks Commission and the Planning Commission on the proposal to revise the historic preservation section of the Comprehensive Plan.  Mr. Theriault yielded to the other items on the agenda before making his presentation.

3.  Request by Marcus Enterprises for a variance from the minimum open section road grade requirements for the Briar Run Subdivision, Phase IV (Article 8, Section 8.2.a.7 of the Jefferson County Subdivision Ordinance).  Mr. Jack Mitchell, Mr. Terry Marcus and Mr. Barry Grim were present on behalf of the request.  Mr. Baumgardner recommended the variance be granted noting it should not hinder the future drainage in this area.  Ms. Smith motioned to grant the variance based on the Engineer’s recommendation.  Mr. Dailey seconded the motion which carried unanimously.

4.  Request by Fred Blackmer to make a presentation to the Planning Commission regarding subdivision approvals in areas currently zoned rural and the LESA Point System.  Mr. Blackmer asked that the Commission study the current Comprehensive Plan and LESA Point system and consider making changes in the future.  Mr. Blackmer was specifically concerned about the point assessment for schools and sewer availability.

5.  Site plan approval and issuance of the Improvement Location Permit for Charles Town Races & Slots.  Mr. Baumgardner presented the project and recommended approval subject to all bonding arrangements being made and in place prior to issuance of the Improvement Location

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OCTOBER 9, 2001
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Permit.  Mr. Hockensmith motioned to approve the site plan and authorized issuance of the ILP subject to the Engineer’s recommendation.  Mr. Roper seconded the motion which carried unanimously.

6.  Site plan approval and issuance of the Improvement Location Permit for Blue Ridge Storage (formerly known as Shannondale Mini Storage).  Mr. Bockmiller presented the project noting it has an approved Conditional Use Permit.  Mr. Baumgardner recommended approval subject to bonding.  Mr. Gibson motioned to approve the site plan and authorized the Staff to issue the ILP subject to the Engineer’s recommendation.  Mr. Dailey seconded the motion which carried unanimously.

2.  Mr. Theriault, President of the Jefferson County Historic Landmarks Commission addressed the Commission regarding their chapter of the Comprehensive Plan.  Mr. Theriault gave copies of their proposed revisions to the plan submitted to the Staff in November of 2000 to both Mr. Roper and Mr. Gross who had not received them since they were new to the Commission.  Mr. Theriault focused mainly on page 5 of the proposal and the five major challenges they face as a group.  The Commission noted they did not take historic preservation lightly and that they were appreciative of Mr. Theriault’s presentation and wished the Landmarks Commission well in their endeavors.<>

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8.  Comprehensive Plan.  Mr. Bockmiller stated that Mr. Tustian is not available at the beginning of November for a status meeting.  By consensus the Commission asked that Mr. Tustian provide them with a written status report for their review.

9.  Correspondence.  (1) Mr. Coyle stated he had received a request from the Town of Bolivar to address them regarding BOCA.  Mr. Coyle stated he gave the request to Mr. Bockmiller who in turn has given it to Mr. Raco who heads this department for the County.

The meeting adjourned at 8:40 p.m.  A detailed transcript of this meeting can be found on Tape(s) #83.  These Minutes were prepared by Rebecca Burns.

MINUTES
 JEFFERSON COUNTY PLANNING & ZONING COMMISSION
 SEPTEMBER 25, 2001

 The Jefferson County Planning & Zoning Commission met Tuesday, September 25, 2001 with the President, Scott Coyle presiding.  Other Planning Commission members present were:  Dean Hockensmith, James Gibson, David Hammer, Arnold Dailey, Sam Donley, Rosella Kern, Renny Smith, Chris Stiles, Mark Schiavone, Elizabeth Blake and Philip Coffey.  Staff members present were Stephen Bockmiller, Michael Cassell and Rebecca Burns.

 Matt Ward, Dave Mills and James Gross were absent with notification.  Russell Roper was absent without notification.

 Mr. Coyle called the meeting to order at 7:30 p.m.  Mr. Schiavone motioned to accept the Minutes of the August 28, 2001 meeting.  Ms. Smith seconded the motion which carried unanimously.

1.  Final Plat Public Hearing for the Frances Morgan Minor Subdivision, Lots 3, & 4 & Lot
5-Residue.  Mr. Bockmiller presented the project.  The Staff and Engineer recommend acceptance of the final plat subject to the necessary signed original copies being recorded in the County Clerk’s office within ninety (90) days of this hearing (December 24, 2001). There was no public comment.  Mr. Donley motioned to accept the final plat subject to the Staff and Engineer’s recommendation.  Mr. Dailey seconded the motion which carried unanimously.

2.  Site plan approval and issuance of the Improvement Location Permit for Fellowship Bible Church.  Mr. Bockmiller presented the project and read the Engineer’s recommendation to accept the project contingent upon all bonding arrangements being made and in place prior to issuance of the Improvement Location Permit.  Mr. Hammer asked that Mr. Bockmiller seek an  interpretation by the Prosecuting Attorney’s office as to whether or not religious institutions are exempt from processing plans and permits.  Mr. Hockensmith motioned to approve the site plan and authorize issuance of the ILP subject to the Staff and Engineer’s recommendation.  Ms. Smith seconded the motion which carried unanimously.

3.  Draft revisions to the Jefferson County Panning & Zoning Bylaws.  Mr. Coyle turned this portion of the meeting over to Mr. Bockmiller and Mr. Cassell.  Mr. Cassell thanked the Commissioners for their comments and suggestions and noted the document is a work in progress.  Mr. Bockmiller gave Commissioners draft revisions to the proposed bylaws.  Mr. Cassell explained the purpose of the bylaws.  Mr. Cassell and Mr. Bockmiller fielded questions about the draft revisions to the proposed bylaws from the Commission.  Mr. Coyle scheduled further discussion by the Commission on the draft revisions to the bylaws for Tuesday, October 23, 2001 at 7:30 p.m.

4.  Comprehensive Plan.  Mr. Bockmiller reminded the Commission of the status report meeting with Mr. Tustian set for Thursday, October 4, 2001 at 7:00 p.m.

MINUTES - JEFFERSON COUNTY PLANNING & ZONING COMMISSION
SEPTEMBER 25, 2001
PAGE TWO

5.  Correspondence.  (1) Mr. Bockmiller presented his response to a letter received from David Turley of C.A.R.E. regarding the public hearing process for Summit Point Raceway.  Mr. Hammer motioned to amend the letter to remove a reference that states that the Commission may shorten the process, as it has been decided by the Commission that the full process will be followed in this case since it is the first one since the Commission adopted the procedures on October 12, 1999.  Ms. Smith seconded the motion which carried unanimously.  (2) Final Report for Part 1 Rural Options Project submitted by the Potomac Headwaters RC&D Council.  (3) Various  articles submitted by Ms. Kern on planning and zoning.

The meeting adjourned at 9:30 p.m.  A detailed transcript of this meeting can be found on Tape(s) #76 & #77.  These Minutes were prepared by Rebecca Burns.
 
 

 MINUTES
 JEFFERSON COUNTY PLANNING & ZONING COMMISSION
 AUGUST 28, 2001

 The Jefferson County Pl>

Transfer interrupted!

 Samuel Donley, Russell Roper, David Mills, James Gross were absent with notification.
Phil Coffey and Matthew Ward were absent without notification.

 Mr. Coyle called the meeting to order at 7:30 p.m.  Ms. Blake asked to read a letter from the Town of Bolivar (copy attached).  Ms. Smith motioned to accept the Minutes of the August 14, 2001 meeting.  Mr. Hammer seconded the motion which carried unanimously.

1.  Final Plat Public Hearing for the McMahon Properties Ltd. Minor Subdivision, Lots 1, 2 &
3-Residue.  Ms. Blake recused herself for this portion of the meeting.  Mr. Bockmiller presented the project.  The Staff and Engineer recommend acceptance of the final plat subject to the necessary signed original copies being recorded in the County Clerk’s office within ninety (90) days of this hearing (November 26, 2001). There was no public comment.  Mr. Dailey motioned to accept the final plat subject to the Staff and Engineer’s recommendation.  Ms. Kern seconded the motion which carried unanimously.  Ms. Blake returned to the meeting room for the remainder of the meeting.

2.  Final Plat Public Hearing for the Locust Hill Subdivision, Lots 259-314 & 448-464 & Lot
A-Residue.  Mr. Bockmiller presented the project noting all items of the Ordinance have been met.  The Staff and Engineer recommend acceptance of the final plat subject to all bonding arrangements being made and in place for the water tower as well as the other required items and the necessary signed original copies being recorded in the County Clerk’s office within ninety (90) days of this hearing (November 26, 2001).  Mr. Joe Coakley, Secretary of the Tuscawilla Hills Citizen’s Association stated they are not opposed to the project but would like through truck traffic to be restricted to the entrance on Summit Point Road for the Locust Hill Subdivision.  Mr. Paul Burke asked that the Commission deny the project based on school capacity.  Mr. Will Smith, Managing Partner of Appalachian Surveys of WV, LLC stated there is adequate water and pressure for up to 163 lots without the proposed water tower.  Mr. Chakmakian stated they will instruct the buyers of the lots to utilize the entrance on Summit Point Road for through truck traffic.  Mr. Hammer motioned to accept the final plat subject to the Staff and Engineer’s recommendation and the owner directing the buyers of the lot utilizing the Summit Point Road entrance.  Mr. Stiles seconded the motion.  Ms. Smith motioned to amend the motion to include the water tower as part of the bond.  Ms. Kern seconded the amended motion which carried with a vote of 7 for and 2 opposed (Mr. Gibson and Mr. Coyle).  The amended motion passed unanimously.

3.  Request by Dr. Jerry Duwel for a variance from Article 8, Section 8.2.a.20(e) of the Jefferson County Subdivision Ordinance which requires 8' wide paved shoulder for a distance of 600 feet for the Yorkville Subdivision.  Mr. Joe Kent of Appalachian Surveys presented the project stating due to the location of the utility poles and the refusal of Citizens Communication to relocate them they can not provide the shoulder as required.  Mr. Laugland recommended approval with the condition that a taper and entrance radius widening be designed, approved by the County Engineer and constructed by the developer.  Mr. Hockensmith motioned the same.  Mr. Dailey seconded the motion which carried with a vote of 5 for and 4 opposed (Mr. Gibson, Mr. Hammer, Mr. Coyle and Ms. Smith).

4.  Request by C&R Development LLC for a waiver from the site plan process for a 4.5' x 240' roof overhang for an existing structure being utilized as apartments (Article 11, Section 11.2 of the Jefferson County Subdivision Ordinance).  Mr. Robert Sharp presented the request with photographs of the structure before and after the work.  Mr. Sharp stated he constructed the overhang to protect the windows and doors from the elements.  Mr. Sharp noted the structure had previously been used as a motel and now was eight (8) apartment units.  Mr. Laughland stated no additional impervious area was being added and recommended a limited site plan addressing handicapped parking and setbacks.  Ms. Smith motioned to allow a limited site plan as stipulated by the engineer.  Mr. Schiavone seconded the motion which carried unanimously.

5.  Request by Donald Luttrell on behalf of the Clear Field Subdivision, Lots 1-7 & 8-Residue to reopen the subdivision file and a ninety (90) day extension of time to bond and record the final plats (Article 8, Section 8.1.d of the Jefferson County Subdivision Ordinance).  Mr. Joe Kent stated bank financing and a merger took longer than anticipated and the time expired before the plats could be recorded.  Mr. Gibson motioned to allow a ninety (90) day extension to bond and record the final plats (November 26, 2001).  Mr. Dailey seconded the motion which carried unanimously.

6.  Request by Mark Kramer on behalf of the Mark Kramer Subdivision, Lots 5-Residue & Lot 6 to reopen the subdivision file and ninety (90) day extension of time to bond and record the final plat (Article 8, Section 8.1.d of the Jefferson County Subdivision Ordinance).  Ms. Kern recused herself for this portion of the meeting and left the meeting room.  Mr. Joe Kent stated a tax lien was erroneously placed on the property by the IRS which put a stay on processing the final plats.  Mr. Hockensmith motioned to motioned to allow a ninety (90) day extension to record the final plats (November 26, 2001).  Mr. Schiavone seconded the motion which carried unanimously.  Ms. Kern returned to the meeting room for the remainder of the meeting.

7.  Request by Michael Johnson on behalf of Blue Ridge Storage (formerly Shannondale Mini Storage) for a variance from the storm water management quantity provisions of the ordinance (Article 11, Section 11.2.(m) of the Jefferson County Subdivision Ordinance).  Mr. Johnson stated this is the same variance granted to the first set of mini storage units.  Mr. Laughland recommended the variance be granted noting the peak flow of runoff from the site will occur substantially earlier than the much larger peak flow from the upper reaches of
Furnace Run and documentation proving this premise was submitted, reviewed and accepted with the first request.  Mr. Schiavone motioned to grant the variance as requested based upon the Engineer’s recommendation.  Ms. Kern seconded the motion which carried unanimously.

8.  Draft revisions to the Jefferson County Planning & Zoning Commission Bylaws.  Mr. Coyle asked that the Commission review the proposed bylaws and to forward any comments/questions to the Staff by September 7, 2001.  This will allow time for them to be reviewed by Mr. Cassell who will address them at the meeting on September 11, 2001.

9.  Summit Point Raceway Committee recommendation.  Mr. Bockmiller stated the Commission is charged with (1) accepting the proposal and sending to public hearing (2) modifying the proposal and sending to public hearing (3) taking the proposal under advisement or (4) rejecting the proposal and doing nothing.  Ms. Smith motioned to send the proposal back to the Committee for legal advise and to make it specific to Summit Point Raceway.  Mr. Schiavone seconded the motion which failed with a vote of 2 for (Ms. Smith and Mr. Schiavone) and 7 opposed.  Mr. Gibson motioned to accept the proposal and advertise for public hearing on October 16, 2001 at 7:00 p.m.  Mr. Hammer seconded the motion which carried unanimously.

10.  Comprehensive Plan.  Mr. Bockmiller stated that in talking with Mr. Tustian he would only need about a half hour for a status report and recommends placing this on the Planning Commission’s regular agenda for September 11, 2001 at 7:30 p.m.  Mr. Bockmiller also noted that Mr. Theriault has agreed that September 18, 2001 at 7:00 p.m. will be the date of the special meeting between the Historic Landmarks Commission and the Planning Commission to discuss their chapter of the Comprehensive Plan.  By consensus the Commission agreed to these two items.

11.  Correspondence.  Mr. Coyle stated that in each Commissioner’s packet is the proposed Findings of Fact and Conclusions of Law as it pertains to Hunt Field.  Mr. Coyle stated the record must be certified and to Judge Steptoe by Friday, August 31, 2001.  Ms. Kern motioned to accept the revised Findings of Facts and Conclusions of Law (copy attached).  Mr. Schiavone seconded the motion which carried unanimously.

The meeting adjourned at 9:35 p.m.  A detailed transcript of this meeting can be found on Tape(s) #69 & #70.  These Minutes were prepared by Rebecca Burns.
 

 MINUTES
 JEFFERSON COUNTY PLANNING & ZONING COMMISSION
 AUGUST 14, 2001

 The Jefferson County Planning & Zoning Commission met Tuesday, August 14, 2001 with the President, Scott Coyle presiding.  Other Planning Commission members present were:  Dean Hockensmith, Samuel Donley, James Gibson, David Hammer, Russell Roper, Arnold Dailey, Rosella Kern, Renny Smith, Chris Stiles, Mark Schiavone, James Gross and Elizabeth Blake.  Staff members present were Paul Raco, Stephen Bockmiller, John Baumgardner, Rebecca Burns and Sherry Cole.

 David Mills, Phil Coffey and Matthew Ward were absent with notification.

 Mr. Coyle called the meeting to order at 7:30 p.m.  Mr. Hammer motioned to accept the Minutes of the July 24, 2001 meeting and have minutes prepared for the meeting on July 31, 2001 with Mr. Tustian and the Planning Commission.  Mr. Dailey seconded the motion which carried unanimously.

1.  Award presentation by Dr. Ken Green from the West Virginia Association of Regional Planning and Development Councils to the Jefferson County Commission, Jefferson County Planning Commission and Jefferson County Planning Staff.  Dr. Green read the resolution into the record (copy attached).  Dr. Green stated this is the first award by the West Virginia Association of Regional Planning and Development Councils and Jefferson County was selected at their 11th annual meeting for the award.

Mr. Coyle introduced Mr. James Gross as the Harpers Ferry representative to the Planning Commission and Mr. John Baumgardner as the new county engineer.

2.  Final Plat Public Hearing for the Saul Williams Minor Subdivision, Lots 1, 2 & 3.  Mr.
Mr. Bockmiller presented the project.  The Staff and Engineer recommend acceptance of the final plat subject to the necessary signed original copies being recorded in the County Clerk’s office within ninety (90) days of this hearing (November 12, 2001). There was no public comment.  Mr. Donley motioned to accept the final plat subject to the Staff and Engineer’s recommendation.  Mr. Hockensmith seconded the motion which carried unanimously.

3.  Final Plat Public Hearing for the Cahalin Minor Subdivision, Lots 1, 2 & 3-Residue.
Mr. Bockmiller presented the project noting all items of the Ordinance have been met.  The Staff and Engineer recommend acceptance of the final plat subject to the necessary signed original copies being recorded in the County Clerk’s office within ninety (90) days of this hearing (November 12, 2001). There was no public comment.  Mr. Gibson motioned to accept the final plat subject to the Staff and Engineer’s recommendation.  Mr. Dailey seconded the motion which carried unanimously.

4.  Final Plat Public Hearing for the Eastland Subdivision, Section IIIB, Lots 82-92 & 93-Residue.  Mr. Bockmiller presented the project.  The Staff and Engineer recommend acceptance of the final plat subject to all bonding arrangements being made and in place and the necessary signed original copies being recorded in the County Clerk’s office within ninety (90) days of this hearing (November 12, 2001). There was no public comment.  Mr. Gibson motioned to accept the final plat subject to the Staff and Engineer’s recommendation.  Mr. Dailey seconded the motion which carried unanimously.

5.  Request by Bill Theriault, Chairman of the Jefferson County Historic Landmarks Commission to discuss with the Planning Commission the revised Historic Preservation section of the Comprehensive Plan.  Mr. Theriault stated they would like to have a workshop with the Planning Commission to have dialog on their proposal, which would be open to the public, but for discussion between the Historic Landmarks Commission and the Planning Commission only.  Ms. Smith motioned to direct Mr. Bockmiller to secure a date on a off Tuesday for a workshop between the Planning Commission, Historic Landmarks Commission and Mr. Tustian (if he has time) and if Mr. Tustian cannot be present that it be set up anyway.  Mr. Schiavone seconded the motion which carried unanimously.

6.  Revised concept plan that specifically shows access and use for the recreational area for the Cave Quarter Estates Subdivision, Section C, Lots 48-62.  Mr. Roper excused himself from the meeting room for this portion of the meeting.  Ms. Kern arrived (7:58 p.m.) as Mr. Jack Mitchell presented the revised plan.  Mr. Bockmiller stated the Staff and Engineer find the plan to be in compliance with the Ordinance standards.  Mr. Hammer motioned to accept the plan as a suitable revision to the Community Impact Statement.  Mr. Dailey seconded the motion which carried unanimously.  Mr. Roper returned to the meeting room for the remainder of the meeting.

7.  Request by Ms. Josephine Murphy Curtis and Ms. Karen Fuller on behalf of the Murphy’s Landing Subdivision for an extension of time of the Community Impact Statement.  Mr. Robert Trumble represented the request on behalf of Ms. Curtis and Ms. Fuller.  Mr. Trumble objected for the record to the attendance and participation of Mr. Hammer and Ms. Blake in this matter.   Mr. Hammer and Ms. Blake stated they would not excuse themselves from participating in this matter.  Mr. Trumble stated the State Water Resources Board has issued a draft NPDES Permit for Murphy’s Landing but it is being held up the Environmental Protection Agency at the federal level for reasons yet known to them.  Mr. Bockmiller stated the developer has made a good faith effort to get through the process, therefore, recommends a 6 month extension of time of the CIS from the October 16, 2001 deadline and Mr. Laughland concurs with this recommendation.  Mr. Coyle stated he had Mr. Bockmiller check with the Prosecuting Attorney’s Office to see if the pending litigation has any affect on the Commission hearing this matter and Mr. Cassell felt it did not.  Mr. Hockensmith motioned to grant a 6 month extension of the CIS from October 16, 2001 to April 16, 2002.  Mr. Roper seconded the motion which carried with a vote of 7 for and 3 opposed (Ms. Smith, Mr. Schiavone, Mr. Hammer).

8.  Comprehensive Plan.  Ms. Kern motioned that the Planning Commission name its entire membership to serve as the Committee of the Whole for the Comprehensive Plan and this committee would continue until the Comprehensive Plan is revised and adopted and further move that the Planning Commission membership designate a chair serve for the same term.  Ms. Smith seconded the motion which carried unanimously.

9.  Correspondence.  Mr. Hammer questioned whether an ethics opinion was obtained on the purported conflict of interest by Mr. Trumble.  Mr. Raco stated he attempted to give Mr. Hammer a letter from Mr. Trumble several meetings ago regarding this matter and Mr. Hammer refused the letter.  Mr. Coyle reminded the entire Commission that we live in age when appearances are important and when one accepts an appointment to the Planning Commission commissioners have to deny themselves some things and subject themselves to criticism.

The meeting adjourned at 9:05 p.m.  A detailed transcript of this meeting can be found on Tape(s) #64.  These Minutes were prepared by Rebecca Burns.

 MINUTES
 SPECIAL MEETING
 JEFFERSON COUNTY PLANNING & ZONING COMMISSION
  COMPREHENSIVE PLAN
 JULY 31, 2001

 The Jefferson County Planning & Zoning Commission met on Tuesday, July 31, 2001 at 7:00 p.m. with Rosella Kern, Vice President, presiding.  Other Planning Commission members present were: Arnie Dailey, Jim Gibson, Renny Smith, Mark Schiavone, Sam Donley, Elizabeth Blake and Matt Ward.  The Staff members present were Steve Bockmiller  and Becky Burns.

 Scott Coyle and Dave Mills were absent with notification.  Dave Hammer, Chris Stiles, Dean Hockensmith, Russell Roper and Phil Coffey were absent without notification.  A new representative from Harpers Ferry has not been appointed since Mr. Addy’s resignation.

 Ms. Kern called the meeting to order at 7:00 p.m.

 Ms. Kern asked the Commission to read the status report from Mr. Tustian given to each member present (copy attached).  Mr. Tustian stated all has been said in the report and solicited questions from the Commission.

 Mr. Tustian asked that a status report meeting be held once a month between now and October 31, 2001 with him and the Planning Commission if needed and the target dates be September 6, 2001 and October 4, 2001 beginning at 7:00 p.m.

 Mr. Tustian stated he believes with the Reconnaissance Report he has fulfilled his contractual obligation to this point.  Mr. Tustian also invited members to put in writing any suggestions or concerns that they have and to submit them to the Staff who will forward them to him.

The Special Meeting adjourned at 9:10 p.m. A detailed transcript of this meeting can be found on Tape #59.  These Minutes were prepared by Rebecca F. Burns.
 

MINUTES
 JEFFERSON COUNTY PLANNING & ZONING COMMISSION
 JULY 24, 2001

 The Jefferson County Planning & Zoning Commission met on Tuesday, July 24, 2001 with the President, Scott Coyle presiding.  Other Planning Commission members present were:  Dean Hockensmith, Rosella Kern, Arnold Dailey, Samuel Donley, James Gibson, Mark Schiavone, Russell Roper, David Hammer and Elizabeth Blake.  Staff members present were Stephen Bockmiller, John Laughland and Rebecca Burns.

 David Mills, Phil Coffey, Matthew Ward and Chris Stiles were absent with notification.  Renny Smith was absent without notification.  James Addy resigned as the Harpers Ferry municipality representative at the June 26, 2001 meeting and a new representative was not present.

 Mr. Coyle called the meeting to order at 7:30 p.m.  Mr. Dailey motioned to accept the Minutes of the July 10, 2001 meeting.  Mr. Schiavone seconded the motion which carried unanimously.

1.  Postponed from the July 24, 2001 meeting.  Final Plat Public Hearing for the Locust Hill Subdivision, Duplex Lots 9-20 & 47-60.  Mr. Hammer arrived (7:31 p.m.) as Mr. Bockmiller  presented the project.  The Staff and Engineer recommends acceptance of the final plat subject to all bonding arrangements being made and in place and the necessary signed original copies being recorded in the County Clerk’s office within ninety (90) days of this hearing (October 22, 2001). There was no public comment.  Mr. Donley motioned to accept the final plat subject to the Staff and Engineer’s recommendation.  Mr. Dailey seconded the motion which carried unanimously.

2.  Comprehensive Plan.  Mr. Bockmiller stated he has asked Mrs. Burns to place the Comprehensive Plan on the agenda as a regular item until further notice to allow any discussion and or action by the Commission with regard to the Comprehensive Plan.  Mr. Coyle stated he has been receiving good feed back on the report by Mr. Tustian.  Mr. Dailey and Mr. Gibson questioned when the entire Commission would become involved in the process as opposed to just the Committee.  Mr. Hammer motioned to have the entire Planning Commission succeed the Comprehensive Plan Committee in overseeing the remaining phases of the Comprehensive Plan process and to disband the committee.  Jim Gibson seconded the motion which carried unanimously.

3.  Correspondence.  (1) Mr. Bockmiller gave each Commissioner present an article from the Washington Post regarding subdivision issues in Loudoun County.

The meeting adjourned at 8:14 p.m.  A detailed transcript of this meeting can be found on Tape(s) #58.  These Minutes were prepared by Rebecca Burns.

MINUTES
JEFFERSON COUNTY PLANNING & ZONING COMMISSION
JULY 10, 2001

 The Jefferson County Planning & Zoning Commission met on Tuesday, July 10, 2001 with the Vice President, Rosella Kern presiding.  Other Planning Commission members present were:  Dean Hockensmith, Samuel Donley, James Gibson, Renny Smith, Chris Stiles, Mark Schiavone and Philip Coffey.  Staff members present were Paul Raco, Stephen Bockmiller and Rebecca Burns.

 Scott Coyle, David Hammer, David Mills, Russell Roper, Arnold Dailey, Matthew Ward and Elizabeth Blake were absent with notification.  James Addy resigned as the Harpers Ferry municipality representative at the June 26, 2001 meeting and a new representative was not present.

 Ms. Kern called the meeting to order at 7:30 p.m.  Ms. Smith motioned to accept the Minutes of the June 26, 2001 meeting.  Mr. Schiavone seconded the motion which carried unanimously.

1.  Community Impact Statement Review for the Amber Knolls Subdivision.  Mr. Mike Shepp presented the project and gave each member present an addendum to the CIS addressing the Staff’s concerns.  Mr. Shepp noted the Commission issued the Conditional Use Permit for the project for 12 single family lots on 17 acres.  Mr. Shepp stated they are very sensitive to the storm water management issues related to this property and that the storm water management design will control the run off on site and will not exceed the capacity of the culvert on Route 29.  Mr. Shepp stated the design should help to prevent future flooding of Route 29.  Mr. Bockmiller stated the Staff and Engineer’s concerns have been addressed with the addendum and acceptance of the CIS is recommended.  There was no public comment.  Mr. Stiles motioned to accept the CIS subject to the Staff and Engineer’s recommendation.  Mr. Gibson seconded the motion which carried unanimously.

2.  Request by Mr. Mike Shepp on behalf of the Paul H. Liskey Estate to advance a two lot subdivision to the final plat stage; and, a variance from the residue lot from Article 5, Section 5.3b of the Jefferson County Subdivision Ordinance, which requires all lots within a minor subdivision to be restricted to a single family residence.  Mr. Shepp stated this had been planned as a parent to child conveyance several years ago but it was not carried out prior to Mr. and Mrs. Liskey’s death.  The proposal does not qualify as a minor subdivision because the property has a nonconforming use business located thereon.  Mr. Bockmiller stated no new land issues are being raised and recommends approval.  Mr. Schiavone motioned to advance the two lot subdivision to the final plat stage.  Dean Hockensmith seconded the motion which carried unanimously.  Mr. Donley motioned to lift the single family restriction from the residue parcel to accommodate the existing business.  Mr. Schiavone seconded the motion which carried unanimously.
 
 

MINUTES - JEFFERSON COUNTY PLANNING & ZONING COMMISSION
JULY 10, 2001
PAGE TWO

3.  Request by Mr. Mike Shepp on behalf of the Nancy Hockensmith Minor Subdivision from Article 3, Section 3.1a of the Jefferson County Subdivision Ordinance which requires the resubdivision of the property in order to relocate the entrance on Lot 1.  Ms. Smith recused from the case and left the meeting room for the remainder of the meeting.  Mr. Shepp stated that the Blues have contracted to purchase the large lot and would like to relocate the entrance so that it is directly across from their existing farm entrance across the road.  The Staff and Engineer recommended the variance be granted subject to acquiring a new entrance permit from the West Virginia Department of Highways for the relocation of the entrance.  Mr. Stiles motioned the same.  Mr. Schiavone seconded the  motion which carried unanimously.

4.  Correspondence.  (1) Mr. Bockmiller gave each Commissioner present an article from Mr. Ward titled “The American Dream” (2) Ms. Kern reminded the Comprehensive Plan committee members of the meeting with the County Commission and Mr. Richard Tustian on July 12, 2001 at 1:30 p.m. in the County Commission office;  the public meeting with Mr. Tustian on July 18, 2001 at 7:00 p.m. at Wright Denny Elementary School; and, the Comprehensive Plan Committee meeting to be scheduled for July 31, 2001 at 7:00 p.m. in the County meeting room (3) Mr. Bockmiller reminded the Commission that all materials need to be directed to the Staff for the official record.

The meeting adjourned at 7:55 p.m.  A detailed transcript of this meeting can be found on Tape(s) #52.  These Minutes were prepared by Rebecca Burns.

 The Jefferson County Planning & Zoning Commission met on Tuesday, June 26, 2001 with the President, Scott Coyle presiding.  Other Planning Commission members present were:  Dean Hockensmith, Renny Smith, Russell Roper, James Gibson, Mark Schiavone, Rosella Kern, Samuel Donley, Arnold Dailey, Chris Stiles, James Addy and Elizabeth Blake.  Staff members present were Paul Raco, Stephen Bockmiller, John Laughland and Rebecca Burns.

 David Hammer and Philip Coffey were absent with notification.  Matthew Ward and David Mills were absent without notification.

 Mr. Coyle called the meeting to order at 7:30 p.m.  Mr. Schiavone motioned to accept the Minutes of the June 12, 2001 meeting.  Mr. Gibson seconded the motion which carried unanimously.

 Mr. Coyle introduced Mr. Stephen Bockmiller as the new Chief Planner to the Commission.

1.  Final Plat Public Hearing for the Trough Bend Subdivision, Lots 1-7 & A-Residue.  Mr. Raco presented the project noting a deed of merger needs to take place before the final plats can be recorded.  The Staff and Engineer recommends acceptance of the final plat subject to the merger deed being executed, all bonding arrangements being made and in place and the necessary signed original copies being recorded in the County Clerk’s office within ninety (90) days of this hearing (September 24, 2001).  There was no public comment.  Mr. Donley motioned to accept the final plat subject to the Staff and Engineer’s recommendation.  Mr. Dailey seconded the motion which carried unanimously.

2.  Postponed from the April 24, 2001 and May 22, 2001 meetings.  Community Impact Statement Review for Bridgeforth RC Cola.  Mr. Mark Smith of Greenway Engineering presented the project stating all of the Staff’s concerns have been addressed with the addendum to the CIS.  Mr. Smith noted the building would be used for a distribution center.  The Staff and Engineer recommend acceptance of the CIS contingent upon a note being added to the final plat stipulating the possibility of a regional storm water management facility being utilized.  There was no public comment.  Mr. Hockensmith motioned to accept the final plat subject to the Staff and Engineer’s recommendation.  Mr. Roper seconded the motion which carried unanimously.

3.  Postponed from the May 8, 2001 meeting.  Community Impact Statement Review for Shared Towers LLC Wireless Communications Facility.  Mr. Mike Shepp presented the project and submitted photos of balloon tests floated 199 feet in the air.  The Staff and Engineer recommended acceptance of the CIS noting all Ordinance standards to this point have been met. Ms. Smith motioned to accept the CIS subject to the Staff and Engineer’s recommendation. Mr. Stiles seconded the motion which carried unanimously.

4.  Request by Mr. Peter Chakmakian on behalf of PNGI Charles Town Races to address the Planning Commission regarding the scheduled removal of the temporary tent structure.  Mr. Chakmakian presented a chronology of the tent structure’s existence and use.  Mr. Jim Buchanan, President of PNGI stated the structure is equipped for fire emergencies and the staff is trained for emergency situations.  Mr. Hockensmith motioned to grant an extension of time to the existing site plan waiver for the tent structure until the new facility is constructed and the video lottery terminals are moved.  Ms. Smith seconded the motion which carried unanimously.

5.  Request by Appalachian Surveys on behalf of Tel Farms and Shared Towers LLC for a variance from Article 3, Section 3.1a of the Subdivision Ordinance for a communication tower.  Specifically this is for a lease not to be considered a subdivision.  Mr. Shepp stated the owner of the farm would like to lease the area to be used for the cellular tower and a plat would be recorded showing the area in question but a final plat public hearing would not be held.  Mr. Raco noted this has been granted on a case by case basis by the Commission in the past for cellular towers and other utilities.  Mr. Dailey motioned to grant the variance as requested.  Mr. Stiles seconded the motion which carried unanimously.

6.  Correspondence.  (1) Public Information report submitted by Mr. Fred Blackmer (2) Resignation letter from Mr. Raco as Acting Planner (3) Reconnaissance Report from Mr. Richard Tustian on the Comprehensive Plan (4) Reminder to the Commission of the meeting with Mr. Tustian on June 28, 2001 at 7:00 p.m. on the report.  Mr. Raco reminded the Commission that if they want to respond to any correspondence sent to them they must decide that as a body and act on it with a motion and vote.

The meeting adjourned at 8:25 p.m.  A detailed transcript of this meeting can be found on Tape(s) #48.  These Minutes were prepared by Rebecca Burns.

MINUTES
 JEFFERSON COUNTY PLANNING & ZONING COMMISSION
 JUNE 12, 2001

 The Jefferson County Planning & Zoning Commission met on Tuesday, June 12, 2001 with the President, Scott Coyle presiding.  Other Planning Commission members present were:  Dave Hammer, Dean Hockensmith, Renny Smith, Russell Roper, Jim Gibson, Mark Schiavone, Rosella Kern, Sam Donley, Phil Coffey and Elizabeth Blake.  Staff members present were John Laughland and Becky Burns.

 Arnie Dailey, Chris Stiles, Dave Mills and James Addy were absent with notification.  Matt Ward was absent without notification.

 Scott Coyle called the meeting to order at 7:35 p.m.  Renny Smith motioned to accept the Minutes of the May 22, 2001 meeting.  Dave Hammer seconded the motion which carried unanimously.

1.  Final Plat Public Hearing for the Locust Hill Subdivision, Duplex Lots 9-20 & 47-60.  Paul stated problems have been found with regard to setbacks and depth to width ratios and recommends placing any variance requests of the Planning Commission and action on the final plat on the same agenda.  Dean Hockensmith motioned the same.  Sam Donley seconded the motion which carried unanimously.

2.  Final Plat Public Hearing for the Stiles Family Partnership Minor Subdivision, Lots 3A & 3-Residue.  Paul presented the project and noting all items of the Ordinance have been met and the Staff and Engineer recommend acceptance of the final plat.  There was no public comment.  Sam Donley motioned to accept the final plat subject to the Staff and Engineer’s recommendation.  Mark Schiavone seconded the motion which carried unanimously.

3.  Final Plat Public Hearing for Edward Thomas, Sr. Minor Subdivision, Lots 1 & 2-Residue.  Paul presented the project and noting all items of the Ordinance have been met and the Staff and Engineer recommend acceptance of the final plat.  There was no public comment.  Dean Hockensmith motioned to accept the final plat subject to the Staff and Engineer’s recommendation.  Rosella Kern seconded the motion which carried unanimously.

4.  Multi Use Variance by Charles E. Hough to permit the placement of an additional principal structure on a single tract of land without processing a subdivision plat.  John Dorsey represented the request on behalf of Mr. Hough stating there is a trailer on the property that has been there for at least 15 years that is in disrepair and they would like to replace it with a stick built house for their farm hand.  Paul noted the farmland protection agreement allows for a tenant house and in light of this recommends approval.  Renny Smith motioned to grant the variance as requested subject to the Staff’s recommendation.  Mark Schiavone seconded the motion which carried unanimously.

5.  Request by Jean Chapman on behalf of the Full Gospel Pentecostal Church for a waiver from the limited site plan process to enclose an existing porch for Sunday School classrooms.  Paul stated Ms. Chapman telephoned to say she would not be able to attend the meeting due to the weather and asked that their request be postponed until the June 26, 2001 meeting.  Renny moved the same.  Mark Schiavone seconded the motion which carried unanimously.

 Before entertaining Item #6 Jim Gibson motioned to go into executive session for personnel matters.  Dave Hammer seconded the motion which carried unanimously.  Dave Hammer motioned to return to regular session.  Mark Schiavone seconded the motion which carried unanimously.  Renny Smith, as a result of the executive session, motioned to offer the position of Chief Planner to the person named in executive session.  Rosella Kern seconded the motion which carried unanimously.

5.  Dirk Stansbury entered the meeting room and stated he would represent the site plan waiver for the Full Gospel Pentecostal Church.  Mr. Stansbury stated the porch is existing and would create no additional impervious area.  John recommended the request be granted noting a site plan was approved for other improvements and is bonded currently through the County.  Renny Smith motioned to waive the site plan for the porch enclosure based on the Engineer’s recommendation.  Rosella Kern seconded the motion which carried unanimously.

6.  Executive Session for consultation with attorney Mike Lorensen.  Sam Donley, Scott Coyle and Renny Smith excused themselves from the meeting room for the remainder of the meeting.  Rosella Kern chaired the remainder of the meeting.  Dave Hammer stated he had a potential conflict of interest and spoke with Mr. Yoder and Mr. Henry privately outside the meeting room for their opinion on the potential conflict.  Upon returning to the meeting room Dave stated that Mr. Henry nor Mr. Yoder believes he has a conflict.  Dave stated for the record his firm represented (1) a limited partnership that Mr. Henry was involved with which was terminated six or seven years ago; and, (2) Mr. Henry’s sister Lucille Robertson in a class action law suit which Mr. Henry had no interest in.  Dave noted that he feels comfortable going forward since both Mr. Henry and Mr. Yoder feel he does not have a conflict.  John Yoder stated they waived any conflicts of interest.

 Mr. Lorensen stated he did not feel an executive session was necessary.  Mr. Lorensen stated the pending litigation is a separate issue from the current Conditional Use Permit application pending before the Commission and should be decided on its own merit by the Commission.

7.  Postponed from the May 22, 2001 meeting.  Action on the Conditional Use Permit for Town Run Commons Subdivision.  Paul read from the Ordinance what is required of the Planning Commissions regarding the issuance or denial of the CUP.  The Commission reviewed item by item the unresolved issues outlined in the Staff Report (copy attached).  Elizabeth Blake arrived (9:05 p.m.) towards the end of the meeting during discussion by the Planning Commission on Town Run Commons.  Jim Gibson motioned to issue the Conditional Use Permit with all of the resolved issues of the Staff Report and modifications as follows to the unresolved issues:

1. The Planning Commission Staff monitoring the stream for turbidity on a weekly basis during infrastructure construction;
2. Providing a 40 foot buffer on the southwestern boundary (Wilson’s property);
3. Sharing the cost (up to $35,000.00 for Mr. Henry) with the Wilson’s (southwestern boundary) for a mutually agreed upon fence which will not to exceed 6 foot in height;
4. Density is not to exceed more than 50 townhouses;
5. Provide an evergreen buffer along the property line of Morgan Grove Park limiting  the height of the buffer under the power lines to the height requirements of the power company;
6. Provide a 25' vegetative buffer within the common area along Route 480;
7. Provide a common easement for walking within the townhouse project to Morgan Grove Park and access to the Park from the townhouse project if permission is granted by the Park; and,
8. All resolved issues outlined in the Staff Report being met.

Mark Schiavone seconded the motion.  Dave Hammer motioned to amend the motion to include that since the Town Run is a back-up water supply for Shepherdstown that it be protected from hydro-carbons by designing the storm water management to comply with the standards of the State of Maryland’s storm water management design rules.  Mark Schiavone seconded the motion which failed with a vote of 3 for (Rosella Kern, Dave Hammer and Mark Schiavone) and 3 opposed.  The original motioned passed unanimously.

8.  Correspondence: None.

The meeting adjourned at 9:25 p.m.  A detailed transcript of this meeting can be found on Tape(s) #44 and Tape #44.  These Minutes were prepared by Rebecca F. Burns.

 The Jefferson County Planning & Zoning Commission met on Tuesday, May 22, 2001 with the President, Scott Coyle presiding.  Other Planning Commission members present were:  Dave Hammer, Dean Hockensmith, Renny Smith, Russell Roper, Jim Gibson, Arnie Dailey, Mark Schiavone, Rosella Kern, Chris Stiles, Sam Donley, Elizabeth Blake, Phil Coffey and Matt Ward.  Staff members present were John Laughland and Becky Burns.

 Dave Mills and James Addy were absent with notification.

 Scott Coyle called the meeting to order at 7:30 p.m.  Dave Hammer motioned to correct and accept the Minutes of the May 8, 2001 meeting to reflect that Dean Hockensmith made the motion to accept the CIS for Hunt Field contingent upon the transcript of the meeting being prepared by the developer and submitted to the file and the conditions found therein being executed by the developer as part of the CIS approval.  Renny Smith seconded the motion which carried unanimously.

1.  Community Impact Statement Review for Bridgeforth RC Cola.  Becky stated a request has been received to postpone the CIS until the June 26, 2001 meeting to allow time to address the Staff’s concerns.  Arnie Dailey motioned to postpone the CIS until the June 26, 2001 meeting.  Renny Smith seconded the motion which carried unanimously.

 Scott  asked if there were any objections from the representatives of items 2-6 on the agenda to allow the other items on the agenda to be heard before theirs.  No one stated they were opposed to reversing the agenda order.

7.  Site plan approval and issuance of the Improvement Location Permit for the Charles Town Congregation of Jehovah’s Witnesses.  John recommended approval of the site plan and based on this the Staff recommends issuance of the ILP subject to all bonding arrangements being made and in place.  Dave Hammer motioned to approve the site plan and authorize the Staff to issue the ILP subject to bonding.  Chris Stiles seconded the motion which carried unanimously.

8.  Request by Fred Blackmer and John Shea to seek a rehearing of the variance by Cool Springs Irrevocable Trust from Article 8, Section 8.2.a.6 of the Jefferson County Subdivision Ordinance from upgrading an existing right-of-way to County standards for a previously approved child to parent lot.  Becky reminded the Commission a motion to reconsider is required and must be made by one of the dissenters of the previous request.  There was no motion to reconsider the request.

9.  Request by Sulphur Springs Corporation to allow a single entrance for townhouse Lots 11-30 and 83-106 (Article 8, Section 8.2.a.2 of the Jefferson County Subdivision Ordinance).  Dirk Stansbury presented the request noting a very large turn area will be provided to allow for
emergency vehicle access and stacking.  Mr. Stansbury also presented a letter from Chief Cepelka in support of the request with the placement of an additional fire hydrant.  John recommended approval of the variance subject to the conditions cited in Chief Cepelka’s letter.  Renny Smith motioned to grant the variance subject to the letter provided by Chief Cepelka and John recommendation.  Mark Schiavone seconded the motion which carried unanimously.

10.  Request by B.C. Partners, Inc., to allow additional time to bond and record the final plats of the Breckenridge North Subdivision, Section II (Article 8, Section 8.a.d of the Jefferson County Subdivision Ordinance).  Scott Coyle excused himself from the meeting room for this portion of the meeting.  Rosella Kern chaired the meeting for this request.  Mike Shepp stated they have approval of their plat locating the water lines but they need additional time to bond for the improvements.  John recommended approval of the request.  Dave Hammer motioned to grant a thirty (30) day extension to bond and record the final plats (July 10, 2001).  Arnie Dailey seconded the motion which carried unanimously.  Scott Coyle returned to the meeting room to chair the remainder of the meeting.

11.  Site plan approval and issuance of the Improvement Location Permit for Willow Spring Drive H&W Office Building.  John recommended approval of the site plan and based on this the Staff recommends issuance of the ILP subject to all bonding arrangements being made and in place.  Rosella Kern motioned to approve the site plan and authorize the Staff to issue the ILP subject to bonding.  Chris Stiles seconded the motion which carried unanimously.

2.  Community Impact Statement Review for the Gap View Village Subdivision, Phase III.  Fred Gates presented the project and gave each member present an addendum to the CIS addressing the Staff’s concerns.  Mr. Gates stated they will have a hiker/biker trail, graded play-fields and approximately 4 acres for habitat reserve.

 Fred Wells, Paul Burke and Joe Coakley addressed the following concerns about the project: impact on schools, emergency services and parks; voluntary impact fees; how project promotes the health, safety and welfare of current residents of the County.

 Mr. Gates stated in their CIS they have tried to show how this project will benefit the County.  Mr. Gates noted the developer bears the risk of a cooling economy.  Dave Hammer motioned to reject the CIS.  The motion died for a lack of a second.  Dean Hockensmith motioned to accept the CIS contingent upon a traffic study being conducted.  Arnie Dailey seconded the motion which carried with a vote of 8 for and 3 opposed (Renny Smith, Dave Hammer and Mark Schiavone).  Dave Hammer stated he rejected the CIS based on the developers lack of concern for the cost of his project to the County.

3.  Community Impact Statement Review for the Cave Quarter Estates Subdivision, Section C, Lots 48-62.  Russell Roper left the meeting room for this portion of the meeting.  Jack Mitchell
presented the project and gave each Commissioner present an addendum to the CIS addressing the Staff’s concerns.  Mr. Mitchell stated that on average since 1972 this developer has recorded less than 2 lots per year.  Mr. Mitchell noted the recreation area will be located to satisfy the Ordinance and Staff’s concerns as the project proceeds.

 Carl Byler addressed concerns about the location of the recreational area, safety of the existing entrance and distance to historic structures.  Jack Mitchell stated there are no historic structures according to the Historic Landmarks Commission windshield survey.

 John stated the CIS meets the standards of the Ordinance and recommends acceptance.  Sam Donley motioned to accept the CIS subject to the Engineer’s recommendation.  Chris Stiles seconded the motion.  Renny Smith motioned to amend the motion to make acceptance contingent upon a revised concept plan being submitted for the recreational area serving the residents of this particular community as a whole that specifically shows access and use.  Rosella Kern seconded the amendment to the motion which passed with a vote of 9 for and 2 opposed (Dean Hockensmith and Scott Coyle).  The amended motion passed with a vote of 9 for and 2 opposed (Dean Hockensmith and Scott Coyle because of the amendment to the motion).  Russell Roper returned to the meeting room for the remainder of the meeting.

4.  Postponed from the May 8, 2001 meeting.  Public hearing on the unresolved issues and action on the Conditional Use Permit for Town Run Commons Subdivision.  Scott Coyle and Sam Donley excused themselves from the meeting room for this portion of the meeting.  Rosella Kern chaired this portion of the meeting.  Becky read the Staff Report for the record (copy attached).  Rosella asked if anyone from the public disputed the accuracy of the Staff Report.  Dorothy McGhee stated she did not question the accuracy of the report but questioned whether or not it met the 45 day requirements outlined in the Ordinance.  Mr. Henry stated he believed it did because the Commission voted to continue this matter at the May 8, 2001 meeting until this date and time.  Rosella stated the Commission was not here to argue the point of the 45 day period.  Renny Smith motioned to accept the Staff Report.  Dave Hammer seconded the motion which carried unanimously.

 Becky explained to the Commission that they must decide whether or not the issue of posting a $50,000.00 bond to be held for a five year period to ensure that wells within the Ledge Lowe Subdivision are not damaged and if they are damaged that Mr. Henry be required to pay for connection to town water is a compatibility issue.  Jim Gibson motioned to not allow this as a compatibility issue.  Arnie Dailey seconded the motion which carried with a vote of 8 for a 1 opposed (Dave Hammer).

 Gene Henry presented the project and addressed the unresolved issues items by item as follows:

1. Provide an environmental impact study to confirm that the measures taken to protect the  stream and Town Run is adequate.  Not necessary because utilizing public water and  sewer.
2. A 100 foot buffer on the southwestern boundary (Wilson’s property).  He will comply with county regulations and this would be a taking of his land.
3. A 10 foot tall fence with a hedge row on the southwestern boundary (Wilson’s property line).  Mr. Henry will agree to provide a smaller fence with greenery.
4. Reduce the density to 1 unit per 40,000 square feet.  Nearby property has been approved for residential development and a Conditional Use Permit issued to the Clarion Hotel.
5. Reduce density to 1 unit per 2 acres.  Same argument as number 4.
6. A 100 foot buffer along common property line of Morgan Grove Park.  He will comply with the county regulations and this would be a taking of his land.
7. A 10 foot tall fence along Route 480 for safety that does not impede access.  This is to control the people and children within his proposed development.
8. Provide bond insurance or become contractually obligated to assure that the Town Run is cleaned up if damaged.  He will comply with the County regulations.
9. Provide a Phase I and Phase II archeological survey.  This has been completed by Shepherd College and he will provide.
10. Limit the height of the town homes to 20 feet.  He will comply with the standards in the Ordinances.
11. Voluntarily pay impact fees.  Mr. Henry agreed to pay impact fees if adopted by the County Commission.
12. Provide a professional inventory of the flora, fauna and wildlife on the site.  It will be addressed according to the standards of the Ordinances.

 Charles Wilson provided documentation addressing the 100' buffer from their property to protect the mature trees that are approximately 150 years old.  Ms. Wilson stated they would like at least a 6' high fence with a hedge row (of their choosing) to ensure their privacy and property values.

 Joe Spurgas stated he was concerned about the safety of the children within this proposed development and the busy road it fronts on and that is why he would like to see a fence in front of the proposed development.  Carl Moore presented a letter for the record in opposition to the proposal.  Mary Horkey stated she would like to have the environmental study to ensure that Town Run is protected.

 Bill Orndowsky, Dorothy McGhee and Hal Snyder addressed concerns about the density of the proposed development and the incompatibility with the existing neighborhood; concern for the safety of the children within the proposed development; impact on the spring and the Town Run and the importance of protecting them from urban run-off; and, ensuring Morgan Grove Park is open to everyone but only when the park is open to the public.

 During Mr. Henry’s rebuttal Renny Smith excused herself from the meeting room upon
realizing she had a conflict of interest.  Mr. Henry stated his development is designed for first
time home buyers and he intends to comply with all Ordinance regulations.  Mr. Henry stated
that he believes the fencing will prohibit individuals from exiting the property.  Mr. Henry submitted for the record a current suit pending against the Jefferson County Planning & Zoning Commission and Zoning Board of Appeals members.

 Dave Hammer motioned to postpone action on this request pending information from legal counsel on the nature and status of the pending suit.  Mark Schiavone seconded the motion which carried unanimously.  Scott Coyle, Sam Donley and Renny Smith returned to the meeting room for the remainder of the meeting.

5.  Public Hearing on the unresolved issues and action on the Conditional Use Permit for the Harvest Hills Subdivision.  Scott Coyle chaired the remainder of the meeting.  Dave Hammer motioned to postpone this request until the next meeting on June 12, 2001 due to the late hour.  Renny Smith seconded the motion.  When asked by the Commission if this was acceptable to the representatives of this request Mr. Chakmakian stated the developer has a scheduling conflict and cannot attend the June 12, 2001 meeting.  The motion failed with a vote of 5 for (Rosella Kern, Mark Schiavone, Jim Gibson, Dave Hammer and Renny Smith) and 6 opposed.

 Becky read the Staff Report for the record (copy attached).  Scott asked if anyone from the public disputed the accuracy of the Staff Report.  Dorothy McGhee stated she did not question the accuracy of the report but questioned whether or not it met the 45 day requirements outlined in the Ordinance.  The Staff stated that it complies with the standards of the Ordinance.
No one from the public disputed the accuracy of the Staff Report.  Renny Smith motioned to accept the Staff Report.  Dave Hammer seconded the motion which carried unanimously.

 Mike Shepp presented the project and addressed the unresolved issues item by item as follows:

1. Pay voluntary impact fees.  If adopted by the County Commission.

2. Change the subdivision name.  This is the preferred name.

3. Guarantee that Ms. Sullen Myers will be held harmless from any lawsuit if someone from the development trespasses onto her property and is injured.  They agree to build a fence on the subdivision property to help deter trespassing on to Ms. Myers property.

4. Provide economic study to determine the cost of services versus tax collections and add that amount to the sale of the lot as an impact fee.  They will provide an economic study, and will pay the fee only if impact fees are adopted by the County.

5. Provide a historic and archeological study of the property.  They now agree to provide this.

6. Reduce the density.  The density proposed is consistent with the minimum lot size requirements in the Rural District.

 Fred Wells and Frances Latterell asked that impact fees be imposed to help defray the cost of development and deter tax increases to the existing citizens of the County.  Dorothy McGhee objected to proceeding at such a late hour and felt it was a violation of the citizens due process.  Ms. McGhee felt the density was incompatible with the surrounding area and land use patterns and should be turned town for those reasons.

 Paul Burke asked that the project be denied based on increased flooding downstream; liability concerns of Suellen Myers to her adjacent horse farm; submittal of a Phase I & II historic study; and, severe soil limitations.  Bill Orndowsky asked that the developer be required to actively plan with MARC to control the rate of development based on the availability of train service.

 Mike Shepp in rebuttal stated that this farmer has tried to make a living farming the land and just can not do it any longer and there are no other farmers in line to purchase the land.  The developer is willing to pay impact fees when the County adopts them and believes that they will be adopted within the next year.  Peter Chakmakian stated a Phase I historic study will first be conducted and that will be the determining factor for whether or not a Phase II study is warranted.  Mike Shepp also stated the developer is willing to maintain the fence that will be erected on their property and will require that the Homeowner’s Association be required to do the same when they take over.

     Jim Gibson motioned to issue the Conditional Use Permit with all of the resolved issues of the Staff Report being apart thereof and unresolved issue number 5 being required as well.  Arnie Dailey seconded the motion.  Mark Schiavone stated he felt the Commission would be premature in issuing the Conditional Use Permit before the provisions for schools and services are in place and due to the incompatibility with the neighborhood.  Dean called for the question.   The motion to issue the Conditional Use Permit passed with a vote of 8 for a 3 opposed (Renny Smith, Mark Schiavone and Dave Hammer).

6.  Action on the Conditional Use Permit for the Amber Knolls Subdivision.  Becky read the Staff Report for the record (copy attached).  No one from the public disputed the accuracy of the report.  Dave Hammer motioned to accept the Staff Report.  Arnie Dailey seconded the motion which carried unanimously.  Sam Donley motioned to issue the Conditional Use Permit subject to the Staff Report.  Dean Hockensmith seconded the motion which carried unanimously.

12.  Correspondence: Mark Schiavone stated he was concerned that at the Hunt Field hearing the public may not have been served by such a quick decision and the Commission was not given time to review the information submitted.  Scott stated that as Commissioners we may not always be pleased with the outcome of a decision by the overall Commission.

The meeting adjourned at 11:40 p.m.  A detailed transcript of this meeting can be found on Tape(s) #39, #40 and Tape #41.  These Minutes were prepared by Rebecca F. Burns.

 The Jefferson County Planning & Zoning Commission met on Tuesday, May 8, 2001 in the Jefferson County Courthouse with the President, Scott Coyle presiding.  Other Planning Commission members present were:  Dave Hammer, Dean Hockensmith, Renny Smith, Russell Roper, Jim Gibson, Arnie Dailey, Mark Schiavone, Rosella Kern, Chris Stiles, Elizabeth Blake, James Addy, Phil Coffey and Matt Ward.  Staff members present were Paul Raco, John Laughland and Becky Burns.

 Dave Mills and Sam Donley were absent with notification.

 Scott Coyle called the meeting to order at 7:30 p.m.  Dave Hammer motioned to correct and accept the Minutes of the April 24, 2001 meeting to reflect that Dean Hockensmith called for the question on and Dave Hammer called for a point of order and stated that the person who originally made the motion cannot call for the question.  Arnie Dailey seconded the motion which carried unanimously.

1.  Final Plat Public Hearing for the John R. Corbin Minor Subdivision, Lots A, B & C-Residue.  Paul presented the project noting all items of the Ordinance have been met and the Staff and Engineer recommend acceptance of the final plat contingent upon the necessary signed original copies being submitted and recordation in the County Clerk’s Office within ninety days (August 6, 2001) of the public hearing.  There were no public comments.  Jim Gibson motioned to accept the final plat subject to the Staff and Engineer’s recommendation.  Mark Schiavone seconded the motion which carried unanimously.

2.  Final Plat Public Hearing for the Christine W. Knott Estate Minor Subdivision, Lots
3-Residue & Lots 4 & 5.  Paul presented the project noting all items of the Ordinance have been met and the Staff and Engineer recommend acceptance of the final plat contingent upon the necessary signed original copies being submitted and recordation in the County Clerk’s Office within ninety days (August 6, 2001) of the public hearing.  There were no public comments.  Renny Smith motioned to accept the final plat subject to the Staff and Engineer’s recommendation.  Rosella Kern seconded the motion which carried unanimously.

3.  Final Plat Public Hearing for the Clear Field Subdivision, Lots 1-6 & 7-Residue.  Paul presented the project noting all items of the Ordinance have been met with the exception of a merger which is pending in the office.  The Staff and Engineer recommend acceptance of the final plat contingent upon approval and recordation of the merger deed, all bonding arrangements being made and in place, the necessary signed original copies being submitted and recordation in the County Clerk’s Office within ninety days (August 6, 2001) of the public hearing.  There were no public comments.  Arnie Dailey motioned to accept the final plat subject to the Staff and Engineer’s recommendation.  Dean Hockensmith seconded the motion which carried unanimously.
 
 

4.  Community Impact Statement Review for Shared Tower LLC Wireless Communications Facility.  Paul stated a request has been received to postpone the CIS until the June 26, 2001 meeting to allow time to seek a variance of the Zoning Board of Appeals.  Arnie Dailey motioned to postpone the CIS until the June 26, 2001 meeting.  Rosella Kern seconded the motion which carried unanimously.

Scott asked if there were any objections from the representatives of the Hunt Field or Town Run Commons projects to allow the other items on the agenda to be heard before theirs.  The representatives stated they were not opposed to the request.  Arnie Dailey motioned to place Hunt Field and Town Run Commons at the end of the agenda.  Rosella Kern seconded the motion which carried unanimously.

7.  Postponed from the April 24, 2001 meeting.  Request by Cool Springs Irrevocable Trust for a variance from Article 8, Section 8.2.a.6 of the Jefferson County Subdivision Ordinance from upgrading an existing right-of-way to County standards for a previously approved child to parent lot.  Doug Rockwell presented a covenant that would restrict the child to parent lot from being sold without the road being improved to County standards prior to the sale of the property.  Mr. Shea stated his in-laws had sold their home in Virginia quicker than anticipated and had to live in his basement while their new home was under construction.  Mr. Shea stated they agreed to build the road initially but never felt it was a necessary improvement for the number of lots using the right-of-way.  Dave Hammer motioned to grant the variance as requested subject to the covenant being amended allowing it to be enforced by both the County Commission and/or Planning Commission and it being recorded prior to the expiration of the existing bond.  Dean Hockensmith seconded the motion which failed with a vote of 5 for and 5 opposed (Chris Stiles, Rosella Kern, Arnie Dailey, Scott Coyle and Mark Schiavone).

8.  Request by Robert W. and Dayna Parker for a waiver from the site plan process for a
2-bedroom bed and breakfast (Article 11 of the Jefferson County Subdivision Ordinance).  Renny Smith excused herself for this portion of the meeting.  Ms. Parker presented the request stating  they have complied with all applicable Highway Department and Health Department regulations.  Paul stated the Parker’s initially received approval from the Zoning Board of Appeals for a 2-bedroom bed and breakfast and most recently for a 4-bedroom bed and breakfast, and based on this the Staff and Engineer recommend approval of the request.  Mark Schiavone motioned to waive the site plan process for the bed and breakfast for the Parkers.  Dave Hammer seconded the motion which carried unanimously.  Renny Smith returned to the meeting room for the remainder of the meeting.

9.  Request by the Jefferson County Fair Association, Inc., for a temporary waiver from the site plan process for an additional 36' x 100' livestock exhibit pole barn and a 40' x 100' concrete block exhibit hall (Article 11 of the Jefferson County Subdivision Ordinance).  Peter Walker presented the request stating the site plan is being prepared but will not be ready in a timely  manner for them to complete the structures in time for this years fair.  Mr. Walker stated the buildings would be of the same type as the ones currently at the fairground.  John recommended the request be granted contingent upon the design consultant meeting with him to ensure the proposed locations of the structures do not hinder storm water management and the Staff asked that erosion and sediment control be installed to prevent siltation.  Renny Smith motioned to grant a temporary waiver of the site plan process for the livestock exhibit pole barn and exhibit hall subject to the Staff and Engineer’s recommendation.  Mark Schiavone seconded the motion which carried unanimously.

10.  Request by the Charles Town Congregation of Jehovah’s Witnesses for an extension of time of their Community Impact Statement.  Warren and Walter Scott represented the request on behalf of the church.  Mr. Scott stated they hope to have their site plan approved at the next meeting of the Commission.  The Staff recommended the file be reopened because the CIS expired on May 7, 2001 and a three month extension of time bond noting this is the first time a CIS extension has come before the Commission for a site plan.  Dean Hockensmith motioned to grant the request subject to the Staff’s recommendation.  Renny Smith seconded the motion which carried unanimously.

11.  Site plan approval and issuance of the Improvement Location Permit for Shentel/Shenandoah Wireless Communications Facility.  Paul presented the project noting the Engineer recommends approval of the site plan and based on this the Staff recommends issuance of the ILP subject to all bonding arrangements being made and in place.  Russell Roper motioned to approve the site plan and authorize the Staff to issue the ILP subject to bonding.  Chris Stiles seconded the motion which carried unanimously.

5.  Community Impact Statement Review for the Hunt Field Subdivision.  Scott stated the CIS procedures mailed to the Commissioners would be followed and that there would be a 2 minute time limitation for each member of the public wishing to speak.  Mr. Chakmakian stated a letter dated May 3, 2001 was submitted for the record objecting to Mr. Ward’s participation in this item.  Mr. Ward did not excuse himself for this agenda item.  Mike Shepp addressed the location, zoning and proposed use of the property.  Lee Quill of Cunningham & Quill Architects presented the project in detail using slides and visual aids and submitted copies of the addendum to the CIS addressing the Staff’s concerns.  Mr. Quill stated they are proposing to create several neighborhood centers similar to that of Kentlands, Monument Avenue in Richmond and Old Town Alexandria with low commercial retail that will not conflict with downtown Charles Town and that will compliment the architecture of the homes in Charles Town.

 Jim Duszynski of Greenvest, Inc., introduced the following consultants involved with the project: Varna Boyd, Mike Workosky, Leonard Knee, Dan Wilhelm, Tom VanBarken, Chris Morrison, Peter Chakmakian and Mike Bryan.  Mr. Dusynski stated they have tried to redesign the project to address the concerns brought up at the public informational meetings that they held.  Mr. Dusynski stated they are willing to pay impact fees whether or not they are adopted by the County and that they have hired a consultant to ascertain that fee; they will pay for all improvements required by the West Virginia Department of Transportation; and, they will voluntarily participate in the DEP remediation program for the soils.

 Dan Lutz spoke in support of the project and asked that the Commission be fair in their decision.  Jerry Ward stated his fears have been allied and that he was not speaking against the project as he had initially intended to.  Keven Walker stated he spoke last year against the project but is now satisfied with how the cultural and historic resources have been addressed and asked that the project be approved.

 The following individuals addressed their concerns about the project: Johanna Grodzicki; Dick Latterell; Francis Latterell; Bruce Dalling; Janet Stone; Marian Buckner; Randy Creller; Tom Trumble; Jerry Ward; Keven Walker; Patti Mulkeen-Corley; Jim Surkamp; John Augustine Washington; Linda Shields; Paul Burke; Howard Adams; Jan Steenblik; Debbie Royalty; Jackie McDonald; Delores Milstead; Karen Stine; Tyler Mayhew; Laurie Volk; Camra Mills; Milanie Nagy; Joe Coakley; and, Nance Briscoe.

 The concerns addressed were as follows: impact on schools, emergency services and parks; inadequate infrastructure; inaccurate soils, archeological and historic studies; soil contamination and remediation methods and health impacts; inaccurate or incomplete soil studies; smart growth; impact fees; negative impacts on agriculture; protection of farmland; proliferation of more development; increased taxes; traffic and impact on agriculture; traffic and inadequacy of roads and railroad crossing; density; cultural and historic preservation; lighting methods; traffic study; need for park & ride lots; sinkholes; water and sewer capacity; make promises in CIS legally binding; urban sprawl; financing of water and sewer lines and extensions; and, the County’s legacy in light of the project

 Mr. Knee stated in rebuttal that the soils fall below EPA standards for contaminants and is acceptable for residential use, but other testing may be done in the future to comply with the brownfields process.  Mr. Quill asked that the Commission take into consideration their master plan which will assure quality of life.  Mr. Dusynski stated they believe they have waited and addressed all the concerns the Commission had from the first CIS and that by virtue of the CIS before the Commission now they have legally bound themselves to develop the property in the way presented at this public hearing.

 James Addy left the meeting room at 11:20 p.m. and did not return.

The Staff and Engineer recommend acceptance of the CIS.  Dave Hammer motioned to postpone action on the CIS until the May 22, 2001 meeting to give the Commissioners time to read all of the written testimony submitted for the record.  Mark Schiavone seconded the motion which failed with a vote of 7 opposed and 3 for (Rosella Kern, Dave Hammer and Mark Schiavone).  Dean Hockensmith motioned to accept the CIS subject to the Staff and Engineer’s recommendation and conditioned upon the transcript of this meeting being prepared by the developer and submitted to the file and the conditions found therein being executed by the developer as part of the CIS approval.  Chris Stiles seconded the motion which carried with a vote of 7 for and 3 opposed (Mark Schiavone, Jim Gibson and Dave Hammer, who abstained but it is considered a negative vote by State Code).

6.  Public Hearing on the unresolved issues and action on the Conditional Use Permit for Town Run Commons.  Scott Coyle excused himself for this portion of the meeting.  Gene Henry asked that this public hearing be postponed until the May 22, 2001 meeting.  Dave Hammer seconded the motion which carried unanimously.

12.  Correspondence.  There was no correspondence.

The meeting adjourned at 12:40 p.m.  A detailed transcript of this meeting can be found on Tape(s) #33, #34, #35 and Tape #36.  These Minutes were prepared by Rebecca F. Burns.