[1. CALL TO ORDER]
[00:00:03]
CALL THE MEETING TO ORDER WITH THE ROLL CALL PLEASE.
[3. APPROVAL OF MEETING MINUTES]
ON THE AGENDA IS THE APPROVAL OF OUR MIN MINUTES FROM JULY 2ND, 2025.Y'ALL HAVE HAD A CHANCE TO REVIEW THOSE.
IF THERE ARE NO CHANGES OR CORRECTIONS SUGGESTED, I'LL TAKE A MOTION TO APPROVE.
WE APPROVE THE MINUTES FROM LAST MONTH'S MEETING.
ANY FURTHER DISCUSSION? ALL IN FAVOR SAY AYE.
SO, UM, WE HAVE NO UNFINISHED BUSINESS AND WE HAVE NEW BUSINESS.
CAN, CAN I SWITCH THE ORDER OF THE PRESENTATION WITH THE CONSENT OF THE COMMISSION? YES.
'CAUSE I THINK WE SHOULD DO THE SECOND ONE.
[5. NEW BUSINESS/PUBLIC HEARINGS]
DO, UH, DO FIVE B FIRST ON THE AGENDA JUST FOR THE SAKE OF EXPEDIENCY.UM, SO WE'RE GONNA LOOK AT FIVE B FIRST.
UH, THIS IS A PUBLIC HEARING, PROJECT NUMBER 2 0 2 5 DASH FIVE TWO DASH FP, FINAL PLAT APPROVAL.
UM, IT'S FOR, UH, FINAL PLAT APPROVAL APPRENTICE POINT SECTION FIVE.
WOULD THE APPLICANT PLEASE COME FORWARD? INTRODUCE YOURSELF.
GOOD EVENING, GEORGE NAGEL, FOX AND ASSOCIATES AND I'M HERE FOR THE, UH, OWNER.
AND THIS IS, UH, FOR THE, UH, FINAL PLAT APPROVAL FOR 17 RESIDENTIAL LOTS.
SO THIS IS A PUBLIC HEARING AND I WILL OPEN THE FLOOR UP FOR THE PUBLIC HEARING PORTION OF THIS MEETING.
ANYONE THAT WOULD LIKE TO COME AND SPEAK EITHER OPPOSED TO OR IN FAVOR OF THIS FINAL PLAT APPROVAL, PLEASE COME TO THE FRONT.
NOW, LET THE RECORDS SHOW THAT NOBODY HAS COME FORWARD FOR, TO SPEAK AS PART OF THE PUBLIC HEARING PORTION OF THIS MEETING.
SO I'LL CLOSE THE PUBLIC HEARING PORTION OF THIS MEETING FOR THIS FINAL PLAT APPROVAL.
COMMISSIONERS QUESTIONS? PRETTY STRAIGHTFORWARD.
YOU NEED A MOTION? I MEAN, STEVE'S NOT HERE SINCE SOMEBODY ELSE HAS MAKE A MOTION.
UH, WHAT'S THE NUMBER HERE? 2 0 2 0 2 5 5 2 F PRENTICE POINT SECTION FIVE, PHASE FOUR.
IT'S BEEN MOVED FOR APPROVAL AND MEETS, UH, CONFORMANCE TO THE PRELIMINARY PLANS APPROVED BY THE CITY OF MARTINSBURG PLANNING COMMISSION ON AUGUST 29TH, 2025.
UM, AND A SECOND, SECOND, JUDGE, I'M SORRY, BUT I DO WEAR HAIR AIDS, BUT I WISH YOU WOULD PLEASE SPEAK UP SO WE CAN HEAR YOU BACK HERE.
JUST, JUST PULL THE MICS CLOSER TO YOU.
ANY FURTHER DISCUSSION? UM, ON, ON THIS RECOMMENDATION IT SAID, UH, ABOUT RECEIPT OF ACCEPTANCE OF THE SURETY.
DO WE NEED THAT IN THERE, KIM? YES.
SHOULD THAT BE ADDED? YOU SHOULD.
THAT SHOULD BE ADDED TO THE MOTION.
YES, I'D ADD, ADD THAT TO THE MOTION.
SO ARE YOU WITH THAT ADDITION? WITH THAT ADDITION THAT, UH, WE NEED RECEIPT OF AN ACCEPTABLE SURETY IN THE AMOUNT OF $196,947 AND 96 CENTS.
AND IS THE SECOND FINE WITH THAT TOO? I SECOND.
ANY FURTHER DISCUSSION THEN? ALL IN FAVOR SAY AYE.
OKAY, NOW WE'RE GOING TO FIVE A ON THE AGENDA, WHICH IS PROJECT NUMBER 2 0 2 5 DASH 55 DASH MA.
THIS IS A MAP AMENDMENT AND THE PROPERTY'S LOCATED ADJACENT TO SIX 50 FOXCROFT AVENUE, UM, WHICH IS PART OF THE, UH, CMA AUTOMOBILE DEALERSHIP ON FOXCROFT AVENUE.
[00:05:01]
UH, REZONING THE PARCEL FROM MIXED USE RESIDENTIAL MUR TO MIXED USE COMMERCIAL MUC WITH THE APPLICANT.Y'ALL HEAR ME? UH, SO GREG ELWOOD, I AM WITH BOWLER ENGINEERING.
I HAVE GREG LYONS HERE WITH MEYERS AUTOMOTIVE.
UM, AND WE ARE HERE TODAY TO, UM, FOR THE MAP AMENDMENT TO CHANGE FROM THE MIXED USE RESIDENTIAL TO MIXED USE COMMERCIAL.
UM, SO THIS IS THE, THE PARCEL THAT, UM, THE CMA TEAM ALREADY OWNS.
IT IS ZONED MIXED USE RESIDENTIAL.
UM, WE ARE ASKING TO REZONE IT TO MIXED USE COMMERCIAL FOR A FUTURE, UH, SERVICE BUILDING FOR THE EXISTING CMA, UM, DEALERSHIP THAT IS THERE ALREADY THERE.
AND THESE ARE JUST IMAGES OF THE EXISTING CMA BUILDING THAT IS OUT THERE NOW, UM, AND THE FUTURE, THE LOCATION OF THE FUTURE SERVICE CENTER AS, AS PART OF THIS, UM, APPLICATION.
AND THERE'S EXISTING PARKING OUT THERE AS WELL.
UM, LOOKED AT A 12 TO 50,000 SQUARE FOOT SERVICE BUILDING WITH SURROUNDING PARKING THAT WILL CONNECT TO FOXPRO AVENUE OR THE, THE AVENUE TO THE NORTH.
AND THEN THE EXISTING PARKING LOT THAT IS ALREADY OUT THERE.
SO THIS, THE PARKING LOT THAT'S THERE NOW WAS DEVELOPED PUT IN PLACE PRIOR TO THE REZONING? YES.
THE EXISTING PARKING, I THINK IT'S MISLABELED ON HERE.
THE EXISTING PARKING LOT THAT SHOWS AS FUTURE UP HERE WAS BUILT I THINK LIKE FOUR OR FIVE YEARS AGO, RIGHT? YES.
AND AT, AT THE TIME THAT IT WAS PUT IN PLACE THAT CONFORMED TO THE LOCAL ZONING AT THAT TIME, IT'S JUST THAT AS PART OF THE REZONING THAT THIS PARCEL WAS REZONED TO MIXED-USE RESIDENTIAL? CORRECT.
SO, UM, AND, AND THIS PARCEL IS CONTIGUOUS TO THE EXISTING CMA DEALERSHIP? CORRECT.
SO YOU CAN ACCESS IT THROUGH THAT EXISTING PARKING LOT.
UM, OKAY, SO THIS IS A PUBLIC HEARING.
UM, I'D LIKE TO OPEN THE FLOOR UP FOR THE PUBLIC HEARING PORTION OF THIS MEETING.
UH, ANYONE THAT WOULD LIKE TO COME, UH, UP TO THE PODIUM AND SPEAK IN FAVOR OF OR OPPOSED TO THIS MAP AMENDMENT, PLEASE DO SO IF YOU COULD KEEP YOUR COMMENTS AS BRIEF AS POSSIBLE GIVEN THE NUMBER OF PEOPLE WE HAVE HERE THAT MAY WANNA SPEAK.
UM, I OPEN THE FLOOR UP FOR THE PUBLIC HEARING PORTION OF THIS MEETING.
YOU NEED TO INTRODUCE YOURSELF AND TELL US WHERE YOU LIVE, PLEASE.
UM, MY NAME'S GREGORY BARNHART AND I LIVE ON 5 0 1 JOHN COLE LANE, WHICH IF YOU PULL UP THE MAP, THE, I'M THERE, I'M RIGHT THERE AT THE CUL-DE-SAC.
SO MY QUESTION IS, ARE YOU TRYING TO KEEP THAT ALL COMMERCIAL? THE WHAT YOU'RE TRYING TO DEVELOP? ARE YOU GOING TO KEEP IT COMMERCIAL? YES, WE'RE GONNA, YOU'RE NOT GONNA BUILD TOWNHOUSES AND TRY TO CUT A ROAD THROUGH OUR CUL-DE-SAC AND JUST DISTURB OUR NEIGHBORHOOD, ARE YOU? NO, WE HAVE, WE HAVE NO INTENTION ON CONNECTING TO THE CUL-DE-SAC.
IT'LL BE BUILT AS A SERVICE BUILDING STATES THAT WAY.
AND, UH, SO WHEN YOU BUILD THAT, ARE YOU GONNA PUT A FENCE AROUND TO KEEP FOOT TRAFFIC THROUGH COMING THROUGH OUR NEIGHBORHOOD? WE WOULD, WE WOULD MEET, BECAUSE THERE'S, THERE'S A PARTIAL FENCE THERE NOW, WHICH THE CAR LOT WAS, IS SUPPOSED TO TAKE CARE OF.
WELL, THERE'S TREES GROWING OUT OVER INTO MY YARD, OFF YOUR BLOCK WALL THAT I HAVE TO TRIM MYSELF ALL THE TIME.
AND I'M JUST ASKING THAT YOU PUT SOMETHING UP TO KEEP THE FOOT TRAFFIC BECAUSE THERE'S GONNA BE A LOT MORE FOOT TRAFFIC WHEN YOU PUT THAT IN THERE.
'CAUSE PEOPLE WON'T, WON'T, WON'T HAVE TO CUT THROUGH GRASS NO MORE.
YEAH, WE, WE'D BE HAPPY TO PUT UP A FENCE AND WE, WE'D GO WITH ANYTHING THE CITY WOULD LIKE US TO DO IN TERMS OF BUFFERING WITH LANDSCAPING.
BUT IF, UH, FENCE, I MEAN, I SEE NO PROBLEM WITH DOING THAT.
AND, AND SO YOU'LL KEEP YOUR ENTRANCES AND EXITS ON FOXCROFT FOXCROFT? YES.
UH, THAT AND WELL, IT'S, IT'S, SO THE EXISTING PARKING LOT IS THERE AND THEN THE ROAD JUST NORTH OF WHERE RIGHT.
I AM RIGHT THERE AT THE CUL-DE-SAC.
SO, SO YOU'RE, YOU'RE, YOU'RE PARKING AT YOUR CAR LOT RIGHT NOW.
THE CORNER OF YOUR PARKING LOT CONNECTS TO MY YARD.
PEOPLE CUT THROUGH THERE ALL THE TIME.
I HAVE TO TELL 'EM THIS IS MY YARD.
SO IF I WOULD ASK THAT YOU EXTEND THAT FENCE OUT AND AROUND THE WHOLE WAY, BECAUSE PEOPLE ARE, I HAVE TO CLEAN UP EVERYBODY'S TRASH.
THEY DROP STUFF, THEY THROW STUFF THAT
[00:10:01]
CUL-DE-SAC, I'M GETTING READY TO CLEAN UP.'CAUSE I'M THINKING SOME PEOPLE, THERE MIGHT BE PEOPLE EVEN SLEEPING IN THERE.
SO I AS LONG, AS, LONG AS IT'S CONFORM TO THE CITY.
WELL, WELL IT'S, IT'S ACTUALLY THE CUL-DE-SAC IS THE CITIES, BUT I'M CALLING THE CITY AND I'M GONNA CLEAN UP, CLEAN IT UP AS LONG AS THEY COME PICK UP THE STUFF, SO.
MY NAME IS RENE RAINS AND I LIVE IN FOXCROFT MEADOWS.
ONE IS THE RUNOFF FROM THE PARKING LOT OR THE BUILDING THAT WILL BE BUILT.
AS YOU KNOW, I WAS ON THIS COMMISSION, I KNOW ABOUT STORMWATER MANAGEMENT AND SINCE WE ALL GOT BILLS ABOUT HOW MUCH WE HAVE TO PAY FOR THE ASPHALT THAT'S PUT DOWN.
UH, AND AS NUMBER OF YEARS AGO IN OUR DEVELOPMENT, THE WATER RUNNING FROM THE BANK DOWN INTO OUR DEVELOPMENT, COMPLETELY ENCASED ONE OF THE ROAD, THE ROAD COMING IN ON LOUISIANA AVENUE.
UM, SO I'M JUST WONDERING IF HOW THIS IS GOING TO IMPACT OUR DEVELOPMENT WATER WISE.
UM, YOU KNOW, WHEN IT RUNS OFF FROM THE PARKING LOT AND THE BUILDING, WILL THERE BE ANY YEAH.
IS THAT ALREADY BEEN ADDRESSED? I TH THIS IS THE MAP AMENDMENT STATE.
SO THAT IS A SITE PLAN AND THE FENCE THAT'LL BE DONE IN THE SITE PLAN.
THAT'S, THAT'S PART OF THE SITE PLAN.
AND THEY HAVE TO COME BACK NO MATTER WHAT HAPPENS THAT THEY WANT TO DEVELOP, ANYBODY WANTS TO DEVELOP, THEY'LL HAVE TO COME BACK WITH A SITE PLAN.
AND THE, UH, STORM WATER IS, IS DEFINITELY A PART OF THE SITE PLAN.
SO JUST WANTED TO MAKE SURE THAT WAS GONNA BE ADDRESSED.
THE SECOND THING IS, UM, IF IT'S A SERVICE BUILDING, THEN THERE WILL BE, UM, I'M ASSUMING DRILLING AND THE TYPE OF THINGS THAT YOU DO WHEN YOU FIX A CAR,
UM, AND I THINK SOME OF US ARE CONCERNED TOO.
UH, WE DON'T LIVE RIGHT NEXT TO IT, BUT THE LIGHTING AND THE, UM, YOU KNOW, AS IT IS NOW, THE LIGHTS GO OUT AT I THINK 11, SO NINE, SOME 10, SOMETHING LIKE THAT.
I REMEMBER THAT WE TALKED ABOUT THAT BEFORE.
UH, WHAT, HOW LONG THE LIGHTS WOULD BE ON BECAUSE THAT BEING RIGHT UP AGAINST A RESIDENTIAL AREA THAT WILL AFFECT THE PEOPLE ON THAT STREET.
SO, YOU KNOW, UM, WHENEVER YOU GET TO THE POINT TO ADDRESS THAT, WHAT TIME THE LIGHTS WILL GO OFF AND NOISE WISE, HOW MUCH NOISE WILL BE INTO THE RESIDENTIAL AREA WHERE WE LIVE SINCE THIS WAS RE A ZONED RESIDENTIAL COMMERCIAL AT THE TIME, AND NOW IT'S GONNA BE A COMMERCIAL SITE.
AND THAT IS CONCERNING TO THOSE OF US WHO HAVE OUR HOMES THERE.
I LIVE AT 4 0 1 HOLLY LANE AND I'M RIGHT NEXT TO THIS PROPERTY.
I WONDER IF THE GENTLEMAN COULD SPEAK A LITTLE FURTHER AND REGARDS TO EXPLAINING WHAT THEY ENVISION GOING ON THIS PROPERTY OTHER THAN AUTOMOTIVE SERVICE.
CAN, CAN YOU, CAN SOMEONE TALK ABOUT THAT? SO THEN I MIGHT HAVE SOME MORE QUESTIONS IF, IF, IF HE WOULD EXPLAIN THAT? OH, WE CAN DO THAT NOW.
YOU CAN JUST GO AHEAD AND ANSWER THE QUESTION.
YOU WANT HEAR? YEAH, I'LL JUST GIVE A QUICK YEAH.
AND UM, WHAT WE'RE LOOKING AT DOING IS, IS THIS, UH, HIGH ENOUGH HERE? WHAT WE'RE LOOKING AT DOING IS A SERVICE BUILDING, JUST, UM, SO THERE WON'T BE ANY SALES GOING ON THERE.
AND JUST TO KIND OF ADDRESS WHAT WE'RE TALKING ABOUT, WHAT YOU'RE TALKING ABOUT WITH THE, UM, NOISE, WHAT WE LIKE TO DO A LOT OF TIMES WITH OUR SERVICE BUILDINGS IS CONDITION THEM.
IT JUST MAKES A BETTER WORKSPACE FOR THE TECHNICIANS.
SO WE REALLY DO WANT TO KEEP THE DOORS CLOSED AS MUCH AS POSSIBLE.
WE USE HIGH SPEED DOORS, SO WE KEEP THE CONDITIONING IN, WHETHER THAT'S HEAT OR COOLING, WE JUST THINK IT'S A BETTER WORK ENVIRONMENT FOR OUR TECHS, WHICH, YOU KNOW, SO WE DO KEEP THE DOORS CLOSED AS MUCH AS POSSIBLE.
WE HOPEFULLY THAT THAT NOISE WILL REALLY BE, UM, ANY SORT OF NOISE THAT WOULD COME OUT OF THE, UH, SERVICE BUILDING WOULD REALLY BE MITIGATED BY KEEPING THE DOORS CLOSED.
CAN YOU EXPLAIN SERVICE? WHAT ARE YOU TALKING ABOUT? UH, JUST, UH, WORKING ON CARS AND, AND PICKUP TRUCKS.
WE DO NOT HAVE A BODY SHOP THERE.
PAINT, WE DO NOT HAVE PAINT EITHER.
WE ONLY HAVE ONE BODY SHOP OUT OF 24 OF OUR DEALERSHIPS, AND THAT'S IN WILLIAMSBURG, VIRGINIA.
BUT WE DO NOT ENVISION DOING THAT HERE, UM, AT, AT THIS SITE.
[00:15:01]
THEN I WOULD JUST REITERATE THIS AGREEMENT THAT WE HAD WITH APPLE VALLEY WHEN THEY FIRST MOVED IN, THAT WHATEVER LIGHTS WERE OVER, THE PARKING LOTS WERE TO BE DIMMED.I BELIEVE IT WAS AT 11:00 PM SO I'D LIKE TO MAKE SURE THAT THAT'S PUT IN THE NOTES AND THAT THESE FOLKS MIGHT AGREE TO THAT CONDITION.
I THINK THEY'RE DOING IT RIGHT NOW.
SO THERE'S NO REASON WHY THEY, WELL, I'M NOT SURE, I'LL BE HONEST.
THE TREES THAT HAVE BEEN PLANTED OBSCURE A LOT OF IT FROM ME.
THAT'S GOOD, ISN'T IT? AND THAT'S GOOD.
I DUNNO ABOUT THESE OTHER FOLKS.
AND THEN YOU'RE TALKING ABOUT YEAH, THERE WERE GONNA BE SOME MORE CLOSER.
RIGHT? UM, AND THEN I THINK WE WERE ASKED AS A GROUP PREVIOUSLY, WHAT TYPE OF FENCE DO YOU WANT PUT UP? THEY SAID SOMETHING LIKE CHAIN LINK STOCKADE.
I THINK WE KINDA PUT IN A VOTE ON THAT, IF I REMEMBER.
OH, THERE'S THE ONE I NEED TO ASK YOU LIVE NEXT TO.
THERE ARE THE LIGHTS GOING DOWN AT NIGHT.
I THAT REASONABLE TIME? IS IT GOING DOWN? YEAH, THEY, THEY DO THEM AT A REASONABLE TIME.
IT'S USUALLY, I THINK IT'S USUALLY LIKE 10 O'CLOCK.
THEY START TO, UH, THEY START TO DIB DOWN BY 11 LAYER.
AS FAR AS DEFENSE, WE WOULD LIKE SOMETHING SOLID.
SOMETHING SOLID AND FULL SO WE DON'T HAVE TO SEE, WE'LL ADDRESS IT AT THE SITE PLAN APPROVAL.
AND, AND HAPPY, HAPPY TO DO THAT.
ANYBODY ELSE? ANYBODY? I'M JANICE.
KEY F AND I LIVE AT 500 JOHN LANE AND I'M JUST, I THINK ALL OF US ARE CONCERNED ABOUT WHETHER THE CUL-DE-SAC WOULD EVER BE OPENED FOR A ROADWAY THROUGH THERE.
SO IF IT'S JANICE, IT'S NOT GONNA HAPPEN.
I, I MEAN, YOU KNOW, NOT, PROBABLY NOT IN OUR LIFETIME.
SO WE'RE JUST CONCERNED IF IT'S DEEMED COMMERCIAL, THEN DOES THAT GIVE THEM THE RIGHT DOWN THE ROAD FOR THEM TO PUT A ROADWAY THROUGH THE CUL-DE-SAC? IT, IT IS CERTAINLY NOT PART OF THE PLAN NOW.
IT WON'T BE APPROVED LIKE THAT.
A BIG GAS LINE THAT GOES YEAH.
AWAY ON, THERE'S LIKE NO LOT OF STUFF TO GET INTO THAT, THAT YOU BASICALLY NEED A BRIDGE AND THAT BECOMES YEAH.
THE STORM WATER MANAGEMENT'S THERE AND ALL THAT STUFF.
SO I THINK WE'VE SATISFIED THE, UH, PUBLIC HEARING PORTION OF THIS MEETING.
THANK YOU ALL FOR YOUR COMMENTS.
THANK YOU FOR BEING HERE TONIGHT PARTICIPATING.
UM, SO I WILL CLOSE THE PUBLIC HEARING PORTION OF THIS MEETING AND COMMISSIONERS.
ANY OTHER QUESTIONS FOR THE APPLICANT? NOW, WHEN YOU MAKE YOUR MOTION, YOU HAVE A, A FORM HERE THAT'S BEFORE YOU.
SO I WOULD, UH, LIKE TO HAVE THE MOTION MADE IN THAT FORMAT PLEASE.
JUST SO THE, THE MEMBERS KNOW AND, AND THE PUBLIC KNOW THIS, THIS VOTE DOES NOT CHANGE THE ZONING.
THIS IS THE RECOMMENDATION TO THE CITY COUNCIL.
AND CITY COUNCIL ACTUALLY VOTES TO DO THE VOTE, THE ZONING CHANGE THE MAP AMENDMENT.
SO WE'RE RECOMMENDING EITHER YES OR NO.
AND THEN THE COM THE, UH, CITY COUNCIL WILL DO AS THEY PLEASE, BUT THEY WILL TAKE OUR RECOMMENDATION BUT ACCOUNT FOR THEIR VOTE.
UM, BUT THIS IS JUST A RECOMMENDATION TO THE CITY COUNCIL.
SO, SO I CAN MAKE A MOTION OF PROJECT 2025 DASH FIVE DASH MA UH, BE MADE TO RECOMMEND MAP AMENDMENT TO THE CITY COUNCIL.
SECOND, IT'S BEEN RECOMMENDED AND WE'VE BEEN SECONDED.
ANY FURTHER DISCUSSION? ALL IN FAVOR SAY AYE.
Y'ALL WANT TO CLEAR OUT? THAT'S FINE.
WE'LL GIVE YOU ALL A MINUTE THERE.
WE HAVE NO OTHER DISCUSSION OR ACTION ITEMS
[00:20:01]
AND WE HAVE NO OTHER BUSINESS ON THE AGENDA.SO ANYTHING ELSE FOR THE GOOD OF THE ORDER? NO.
I'LL TAKE A MOTION TO ADJOURN.
THE REAL FUN WILL COME AT THE.