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STAFF REPORT

PROJECT: TOWN RUN COMMONS SUBDIVISION

DATE: APRIL 4, 2001

A Neighborhood Compatibility Meeting for the Town Run Commons Subdivision was held on April 4, 2001 at 10:00 am., in the County meeting room located at 108 East Washington Street in Charles Town. A complete description of the project can be found in File Z01-01 in the Planning Commission Office located at 104 East Washington Street in Charles Town. Gene Henry was present on behalf of the project. Mr. Henry gave a history of the property and presented the project for the record.

Many concerns were raised including: property values; density; protection of the Town Run; water and sewer availability and service; buffers; traffic problems; traffic signals; fencing of property; impact on schools and services; archeological survey; covenants for subdivision; affect on adjoining wells; height of structures; impact fees; flora and fauna inventory; incompatible with surrounding neighborhood; and, rezoning property.

The developer agreed to the following and they are therefore resolved. The developer agreed to:

1. Taking measures to ensure that the spring and Town Run is not disturbed during construction of the project;

2. Provide quality control of storm water management to County standards with an environmental impact study to confirm the same;

3. Hook-up to Shepherdstown sewer instead of a package treatment plant;

4. Build a 6 foot high fence along Morgan Grove property line with plantings that would not impair ingress and egress to the park;

5. Work with the Department of Highways to lower the hill south of the Ledge Lowe entrance;

6. Request that the Department of Highways install a traffic signal and turn lane on Route 480, and provide them if required by either the State or the County;

7. Clean-up contamination caused to the Town Run;

The developer did not agree to the following and they are therefore unresolved. The developer did not agree to:

1. Provide an environmental impact study to confirm that the measures taken to protect the stream and Town Run is adequate;

2 A 100 foot buffer on the southwestern boundary (Wilson's property);

3. A 10 foot tall fence with a hedge row on the southwestern boundary (Wilson's property line);

4. Reduce the density to 1 unit per 40,000 square feet;

5. Reduce density to 1 unit per 2 acres;

6. A 100 foot buffer along common property line of Morgan Grove Park;

7. A 10 foot tall fence along Route 480 for safety that does not impede access;

8. Provide bond insurance or become contractually obligated to assure that the Town Run is cleaned up if damaged;

9. Provide a Phase I and Phase II archeological survey;

10. Limit the height of the town homes to 20 feet;

11. Voluntarily pay impact fees; and,

12. Provide a professional inventory of the flora, fauna and wildlife on the site.

Mr. Raco stated the following item would be left up to the Planning Commission to determine if they would allowed it as compatibility issue:

1. Post a $50,000 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 to pay for connection to town water.

Mr. Raco did not allow the following as a compatibility issues:

1. Guarantee there would be no increase in school population; and,

2. Require the developer to seek a rezoning of the property by the County Commission.

Since there are unresolved issues, a public hearing has been scheduled for May 8, 2001. The hearing will take place before the Planning Commission at their regularly scheduled meeting which begins at 7:30 p.m. It will take place in the County meeting room located at 108 East Washington Street in Charles Town. Testimony will be limited to the resolution of the unresolved issues.

This report was prepared by Paul J. Raco, Director of Planning and Zoning.

[signed:] Paul J Raco, May 1, 2001