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Requests for Changes to Make a Subdivision
More Compatible
Part of the process
of reviewing dense subdivisions in rural areas involves a Wednesday morning meeting
where people ask the developer for specific changes to make the subdivision
more compatible with the area and the county (Zoning Ordinance 7.6).
Requests can be
major or minor. People are welcome to adapt the ideas below if they are helpful
for other subdivisions. Please send new ideas to the Webmaster also. When these
requests were made in the past, there were four possible outcomes, shown below:
r
- resolved at the first meeting, because the developer said Yes, & this is
therefore a condition the Board of Zoning Appeals will put on the project., if
approved.
u
- unresolved at the first meeting, because the developer said No. The Board of
Zoning Appeals then calls a Thursday afternoon hearing to hear why this is a
good or bad request, and they can require the developer to do it. Or they can
decide the project is so incompatible with the area and county that they
disapprove the project.
d
- disallowed by
the Zoning Administrator, Paul Raco, because he thinks the request would not promote
compatibility. (His decision can be appealed to the Zoning Board, not the
Planning Commission. He did not think services for the general public helped
compatibility, because of the traffic they cause. He also did not think
sinkhole information increased compatibility, without proof the area had
above-average risk of sinkholes. Such rulings have not been appealed, so we do
not know if the Zoning Board or courts would support him.)
c
- changed
by successful negotiation at the meeting, as described below
The outcomes below
happened at the compatibility meeting for a proposed 700-home Blackford
subdivision in Bardane, March 2004. Then the land was annexed into Ranson
(called Tackley Farm, proposed for 1,400 homes) so county planners lost
jurisdiction, and no further action was taken.
|
u |
1 |
With
CIS submission, provide estimates of how many more cars (and how many total
cars) at buildout will use the Duffields parking lot; rt 340 at the
Shenandoah; rt 9 at the Virginia Line, and interchange 12 on I-81 (at
Lowe's), and estimates of average peak hour delays at these three road
locations |
|
u |
2 |
Delay
house sales until completion of 4-lane rt 9 between Ranson & I-81 |
|
u |
3 |
Provide
free carpool parking for 40 cars. |
|
u |
4 |
Provide
or fund a commuter bus large enough for internal demand, to meet every train
stopping at Duffields, until you have your own station, and at least one
morning trip per day, in the busiest time of the morning, to Ranson, Charles
Town, and Winchester |
|
d |
5 |
Provide
3 soccer fields & 3 baseball fields open to the public |
|
d |
6 |
Provide
3-acre playground with equipment, open to the public |
|
d |
7 |
Provide
swimming pool, open to the public |
|
d |
8 |
Provide
1-mile signposted, public, nature and exercise trail |
|
u |
9 |
Put
opaque screen of evergreens and /or berm high enough to hide the houses from
the external roads |
|
u |
10 |
Restrict
10% of the homes so they will always sell as moderate income housing: priced
less than $130,000, with 3 bedrooms, buyers under HUD or WV income limits for
moderate income housing, with limits to rise with inflation. |
|
u |
11 |
Insure
or indemnify homes within 1 mile against sinkhole damage for 10 years |
|
d |
12 |
Take
a 2"x 2 column ad every 2 months for 2 years, rotating among local
papers, telling people where they can get sinkhole insurance. |
|
u |
13 |
If
sinkhole insurance endorsement is not available for up to $100 per year, at
some time in the first 10 years, indemnify homes within 1 mile against
sinkhole damage for 10 years |
|
u |
14 |
Put
notice in deeds or covenants that area is at risk for sinkholes |
|
d |
15 |
Establish
covenant (and fines for enforcement) restricting plantings to those that need
minimal water, to minimize added water that could accelerate dissolving of
the limestone |
|
u |
16 |
Establish
covenant prohibiting or severely restricting salt on roads & private
lands |
|
u |
17 |
Find
[or look for] standards specifically developed for sewer pipes in karst areas
and follow them. |
|
c |
18 |
Monitor
sewers for leaks continuously, by comparing house usage to overall flow or by
other methods. |
|
c |
19 |
Provide
copy of Jefferson County Public Service District (PSD) approval letter for
this project, pre-dating 2/10/03 addendum, and PSD minutes authorizing the
letter, within 2 days of CUP approval |
|
c |
20 |
Provide
copy of DNR letter (mentioned in item 15), pre-dating 11/02 submission,
within 2 days of CUP approval |
|
d |
21 |
Post
your applications, such as CIS, on the web when they are submitted and keep
posted until final plat is approved, for public review. |
|
u |
22 |
Reduce
the number of homes to 1 per acre |
|
|
|
|
|
|
|
Negotiations during the meeting: |
|
r |
17a |
Consider
standards specifically developed for sewer pipes in karst areas if a member
of the public finds them |
|
r |
18a |
Provide
information on how the County Public Service District (PSD) monitors sewer
leaks |
|
r |
19a |
Provide
copy of Jefferson County PSD approval letter for this project, pre-dating
2/10/03 addendum, within 2 days of CUP approval |
|
d |
19b |
Provide
PSD minutes authorizing the letter, within 2 days of CUP approval |
|
r |
20a |
Provide
information they have from DNR, pre-dating 11/02 submission, within 2 days of
CUP approval |
The
following requests were made to the developer of Faraway Farms, East of Shepherdstown
in 2005. These are the items rejected by the developer. The Board of Zoning
Appeals then declined to approve the project.
The developer did not agree to the following and they are
therefore unresolved. The developer did not agree to:
1. Reduce
the density to the standards in the ordinance to 1 lot for every 10 acres or 1
lot for every 15 acres;
2. Pay
for and reconstruct River Road (Route 17/1) to Trough Road (Route 31I1. ) to
Engle Moler Road (Route 31) to Route 230 to meet State Department of Highway's
standards;
3. Provide
a landscape buffer of 150' from each adjacent property and Trough Road (Route
31/1); around the perimeter of the Faraway Farms property; of evergreens and
deciduous trees so that the homes of Faraway Farms cannot be seen from
adjoining property owners. The buffer must be opaque at time of planting and
during the construction phase of the project.
4. Pay
for and construct water and sewer lines from existing off site facilities that
either currently exist or can be expanded to the site;
5. Setting
aside a $500,000.00 bond to provide water services to cover well failures for
properties within a 1 male radius of the southeast corner of the Faraway Farms
property
6. Confine
the development to the southern 36 acres of the property and donate the balance
to the property to the Civil War Preservation Trust;
7. Eliminate
approximately 50 lots on the northern portion of the property starting from the
eastern line to the western line, from the park just south of the house taking
in the four cul-de-sacs; establishing an undisturbed buffer and conservation
easement allowing no construction equipment or public park within these areas.
This area is defined on the Faraway Farm sketch plat marked as Exhibit 1;
8. Establish
and, maintain in perpetuity a 500 foot natural buffer south of Ms. Ellis'
property in a natural and undisturbed buffer,.
9. Planting
evergreen trees 20 foot on center within a 500 foot natural undisturbed buffer
adjacent to the Ellis property;
10. Provide
a 150 foot undisturbed buffer around the perimeter of the property excepting
the areas required for ingress and egress;
11. Prohibiting
construction from 4:00 p.m. until 8:00 a.m. Monday through Friday, weekends and
all public, county, state and federal holidays;
12. Follow
the Jefferson County Comprehensive Plan pertaining to density requirements of I
lot per 10 acres;
13. Provide
a minimum of a 150 foot perimeter setback by note on the plats and in the
covenants that is landscaped to ensure water flow with a full canopy of
indigenous species;
14. Install
sprinkler systems within a11 new homes constructed within the Faraway Farms
subdivision;
15. Eliminate
the Trough Bend bypass;
16. Make
this a gated community;
17. Provide
initial seed money for the Faraway Farms Home Owner's Association;
18. Provide
a flag person when heavy truck traffic is anticipated;
19. Contribute
at least $400,000.00 towards upgrading Trough Road to current West Virginia
State Highway standards;
20. Prohibit
the sale of any homes until the new county high school is completed;
21. Pay
for additional classrooms that are necessitated by the Faraway Farms students;
22. Certified
letter from geologist or hydro geologist that during drought conditions the
water supply is adequate;
23. Fix
wells by drilling new wells or provide central water if wells in the area go
dry due to the drought conditions;
24. Offer
to purchase adversely affected homes before such water adequacy problems occur
at fair market value;
25. Provide
a weekly clean-up crew to remove all trash and debris from Trough Road to River
Road;
26. Establish
a base line of all existing wells that are located within a half a mile from
the south, east and west sides and three quarter of a mile from the north side
of the Faraway Farm property; and, the developer pays for water flow rates and
water quality tests on a11 existing wells for household use and establish a
base line of the current conditions of those wells; and, establish a $150,000
escrow account to be held for 10 years from final date of completion of all
homes, to address any problems that may arise due to water reduction, flow
rates, recovery or water quality that this money be used to drill new wells or
fix the existing wells;
27. Provide
an on-site soil surveys to verify soils on property for agricultural valve;
28. Place
the existing historic structure and approximately 20 acres of land surrounding
it on the National Historic Register, if it qualifies, and donate it to the
Historical Society, the National Park Service or the Civil War Battlefield
Preservation Trust if they so desire the property;
29. Provide
a vehicle wash station exiting the site;
30. Post
the property with a maximum speed limit of 5 miles per hour during the
construction phase to minimize the dust and noise;
31. Density
of 1 house per 3 acres;
32. Provide
a 150' buffer utilizing existing vegetation and fill in with smaller trees
around the perimeter of the property;
33. Prohibit
by covenant dog kennels exceeding 4 dogs, chickens, ducks, pigs, cows and a11 fann
animals;
34. Prohibit
all construction equipment, recreational vehicles; boats and trailers unless
they are housed in a garage;
35. Widen
the northern end of Trough Road to cut back the rock cliff an additional 3 feet
to prevent rocks from falling onto the road;
36. Discuss
with and fund if allowed by the Department of Highways for painting dividing
lines on River Road to Trough Road;
37. Discuss
with the Department of Highways and fund if allowed by them the widening of
River Road,;
38. Discuss
with and fund if allowed by the Department of Highways about providing guard
rails from the base of the hill and the bend in the road of River Road;
39. Station
a flag person at the intersection of Trough Road and River Road to prevent construction
traffic from using the northern section of Trough Road during the construction
phase of the subdivision;
40. Prohibit
construction vehicles except for service vans and pick-up trucks from River
Road and Trough Road from using the southern entrance to the construction site;
41. Limit
the number of houses to 50 homes;
42. Limit
all structures to be a minimum of 20 feet from all individual lots lines;
43. Reconfigure
all lots so that the backsides of each of the houses is not visible from the
road (this is the area dissected by the proposed road);
44. Prohibit
houses smaller than 2,500 square feet, excluding the garages and basements; .
45. Prohibit
construction vehicles during school bus times of 6:45 a.m. to 8:30 a.m. and
3:00 p.m. to 4:15 p.m.;
46. Allow
public access to the farm and battlefield if the property is found to be
historic;
47. Compensate
the community in the amount of $400,000.00 per year for the ecological loss of
trees from the creation of impervious surfaces;
48. Provide
an estimation of the amount of land within the site to be covered with
impervious surfaces;
49. Calculate
the value of environmental services lost to the community from the imposition
of impervious surfaces;
50. Limit
construction to the areas with compatible soils;
51. Require
composting toilets and gray water systems for sewage/wastewater;
52. Widen
and correct Eng1e Moler Road to Route 230 and fix the intersection of the two
roads;
53. Prohibit
all construction on Sunday;
54. Prohibit
construction on State and Federal holidays;
55. Require
a 100 foot setback on all land dissected by the new Trough Road bypass;
56. Provide
an earthen berm or screen to hide the direct view of the houses located in the
southeastern corner from adjacent property owners;
57. Refrain
from developing the entire southeastern corner of the property;
58. Limit
the density of the southeastern corner of the property to 18 lots;
59. Reduce
by one-third the number of lots along the perimeter of the property;
60. Limit
the number of lots to a total of 70;
61. Reduce
by one-quarter the number of lots along the perimeter of the property;
62. Cut
3 feet of cliff on River Road adjacent to Trough Road;
63. Discuss
with the Department of Highways and fund a guardrail on the southern side of
River Road approximately three quarters of a mile to one mile from
Shepherdstown;
64. Apply
for listing of the entire property for inclusion on the State and Federal
Register;
65. Fix
the intersection regarding site distance at the intersection of Trough Road and
Engle Moler Road;
66. Fix
the curve on Trough Road south; and,
67. Subject
the property to the Division of Culture and History 106 review.
Following are some of the requests made to the developers of Thorn
Hill/Highland Farm, on the Shenandoah south of the Bloomery bridge in 2006.
The Zoning Board of Appeals has not yet heard the case
:
1. Homeowner
covenants encourage planting of native species that are drought tolerant in
place of large expanses of grass or other plants that require frequent
watering.
2. Homeowner
covenants prevent property owners from excessive use of salts for melting ice
or snow and encourage the substitution of named non-toxic alternatives.
3. Whoever
maintains subdivision roads refrains from excessive use of salts for melting
ice or snow and uses non-toxic alternatives where possible.
4. Homeowner
covenants prevent the changing oil in any machine, including automobiles, on
any site in the development except on homeowner’s property and prevent discarding
oil, gasoline, pesticides, or any other toxic substances on any site within
subdivision.
5. Fully restore
the Mechanicstown Coloured School, as described in the conditional use permit
(CUP) application.
6. Preserve the
Beeler/Isler cemetery as open green space, as described in the CUP application.
7. Follow national
and state guidelines for appropriate treatment of graves if additional graves
are discovered at the Beeler/Isler cemetery.
1. Homeowner covenants
prohibit turfgrass irrigation to slow limestone dissolution (sinkhole
development and subsidence).
2. Homeowner
covenants prevent the use or application at any site within the subdivision of
synthetic pesticides (including herbicides, fungicides, insecticides, and
rodenticides) and fertilizers and that covenants allow the use of natural
pesticides and fertilizers that are approved for organic agriculture under the
U.S. Department of Agriculture National Organics Standards.
3. Set aside space
in subdivision, other than flood plain, for soccer fields.
4. Commit specific
amount of funding to restoration of the Mechanicstown Coloured School.
5. Set aside a
bond for $750,000 to pay for commitments to restoration of the Mechanicstown
Coloured School and for continuing site maintenance in perpetuity.
6. Hire a
qualified archeologist, before beginning construction, to investigate a
300-400’ radius around the Beeler/Isler cemetery to determine if any other
graves are nearby.
7. Work in
cooperation with historians and restoration specialists to preserve the
Craighill Farmstead as a county historic site.
8. Conduct an
archeological survey of the Thorn Hill property under federal and state
guidelines and employing professional archeologists before construction begins,
paying particular attention to the potential for finding Native American
artifacts and remnants of the old bloomery.
9. Commit to
halting construction, if any historic artifacts are discovered during
construction, until inspection by a historian (with credentials indicating that
she/he is an expert on historical matters) and discussion of finds with
Jefferson County Museum and Historic Landmarks Commission.
10. Reduce the
density of the development to 1
lot per 10 acres with a minimum lot size of 3 acres [zoning ordinance 5.7(d)1].
11. Build the
development according to the ordinance on clustering, that is, 1 lot per 15 acres with minimum lot size of
40,000 square feet [zoning ordinance 5.7(d)2] and set aside the
undeveloped portion under appropriate contractual arrangements so that it will
never be developed.
12. Reduce the subdivision density to one house
per 9 acres with a minimum lot size of 3 acres.
13. Reduce the subdivision density to one house per 8
acres with a minimum lot size of 3 acres.
14. Reduce the subdivision density to one house per 7
acres with a minimum lot size of 3 acres.