The following summary minutes have not been approved by Simpsonville Planning Commission. An official copy of the minutes will be available after adopted by Planning Commission at City Hall 118 NE Main St. Simpsonville. Pursuant to the Freedom of Information Act, notice of this meeting date, time, place and Agenda was posted on the bulletin board at City Hall and faxed to the newspapers, radio stations, television stations and any concerned citizens.

SIMPSONVILLE PLANNING COMMISSION

MINUTES

MARCH 12, 2008, 6:30 P.M.

MEMBERS PRESENT: Hunter Howard III, Kirk Leitke, Mikelene Loe, Roy Shelton, James Boyd, Mike Newman

MEMBERS ABSENT: Caroline Mahaffey

CITY STAFF/LEADERS PRESENT: David Dyrhaug

CALL TO ORDER/OPENING REMARKS:

Commission Chair Mike Newman called the meeting to order at 6:30 p.m. Mr. Dyrhaug held roll call.

Mr. Newman presented the items on the agenda and the hearing rules of procedure.

SP-2008-03, Final Development Plan Review of Phase I of Heritage Crest PD

Mr. Dyrhaug presented this agenda item and noted that it will not be sent to City Council. Rather, the decision made by the Planning Commission will be final. This agenda item is the Final Development Plan Review for first phase of Heritage Crest Planned Development. This property was rezoned in January 2008. Size of property is 162 acres of which 120 acres are in Phase I. This first phase consists of 144 single family homes, 162 townhomes, 20 acre buffer adjacent to Para-Chem, 29 acres of common area, and 25 acres of land to be dedicated to the City to be used for parking in conjunction in servicing Heritage Park. The density will be approximately 2.55 units per acre. Staff recommends the following contingencies regarding this development project:

1. Documentation of environmental approval from EPA and DHEC;

2. Documentation of removal or release of Duke Energy Easement;

3. Documentation of grading and stormwater management approval from DHEC;

4. Complete grading and stormwater management plans;

5. Documentation of approval of the planned sewer upgrades required by Western Carolina Sewer Authority;

6. Submit completed Utility Plan that shows upgrades;

7. Depict future connections to Bryson Elementary School that will be part of 2^nd phase of development;

8. Align all raised crosswalks with access points into Heritage Point and access points into common open space;

9. Depict reflective warning signs with these raised crosswalks;

10. Depict a 3-way stop at Heritage Crest Lane and Blackhills Way; and

11. Depict painted crosswalks between sidewalks at intersections.

Mr. Shelton asked about the previous recommendation for the trail network.

Mr. Dyrhaug responded that there will be sidewalk that will go to the school – not all in this phase but eventually it will be provided in Phase II.

Mr. Shelton clarified that he is talking more about walking trails within the development.

Paul Harrison, a representative of the applicant, stated that they had not intended on putting a trail system within the neighborhood. Their intentions were to put an internal sidewalk system within the entire subdivision with a sidewalk system that would have points of access to the school specifically. There are no intentions of putting an external trail system that would go through the woods or whatever. He added that he was not sure if the developer would be willing to do that. They had not intended to put those in. They were just intending to put in a sidewalk system.

Mr. Dyrhaug added that this was in preliminary discussions to use Duke Easement for this, but that has changed.

Mr. Harrison added that there are points of access – internally through subdivision – where homeowners have access to open space area. But no trail network.

Mr. Leitke stated inquired as to the EPA and DHEC’s involvement in the environmental approval of this development.

Mr. Holmes stated that SCDHEC and EPA will be permitting the project – all their permitting requirements have to be met. If there are wetland issues the U.S. Army Corp of Engineers has got to issue permits as well. All of that is part of the normal process and is part of what the Building Codes Department would look at before they would let anything go. Not certain it’s something the Planning Commission should be doing because there are other government agencies that control that.

Mr. Leitke thinks he has a right to ask a question about an item that was in his packet last month.

Mr. Dyrhaug stated EPA is still involved. Mr. Harrison has indicated that they are expecting a letter that will have both approval from EPA and DHEC outlined in it. DHEC has not exclusively taken that over. DHEC and EPA will be doing their reviews and their approvals will be indicated in a letter the applicant is expecting.

Mr. Leitke asked why there was a rush. Thinks they are putting the cart before the horse. Mr. Leitke has gained the impression that Mr. Rodney Gray is not necessarily in a hurry, but that other people are in a hurry.

Mr. Harrison stated his client will not purchase the property until those letters are received. His understanding is that the existing property owner is coordinating everything and continuing to try to receive those letters. Development will not happen until those letters are received. Those letters must be in place before the property will be purchased. To his knowledge the way it’s being handled is that the EPA is writing a report to SCDHEC and then Judy Connova with DHEC will write her report as to the recommendation or approval of her findings and it will be a joint letter that will have EPA’s recommendation and DHEC’s recommendation all in one letter. We’re waiting on that letter.

Mr. Leitke expressed his intent of making sure that future homebuyers will not be impacted by the situation that exists with Para-Chem.

Mr. Holmes stated the City bought Heritage Park and part of the contamination of surface water went beyond the Colonial Pipe line and the City was interested in this piece of property as well. He personally reviewed all the environmental studies that had been done on the property. The contamination occurred years ago – there is no more new contamination. There were monitoring wells and there may still be monitoring wells in the hardwood trees that are on Hwy 14 at the entrance to Heritage Park. Waterlines have already been installed for some of the development and properties along Howard Drive. This development is all going to be on City water. Several years ago when the City was looking at this site DHEC was satisfied that the problem was clearing up and they didn’t have any problems with the property.

Mr. Leitke said he was getting mixed messages on it. He feels it is incumbent on him to make sure that there are no adverse conditions that would affect the health of residents in that area.

Mr. Harrison stated Mr. Leitke kept referencing it as a super fund site and based on his conversations with Mr. Howard down at EPA, the Para-Chem site itself is no longer classified as a Super Fund Site. He admitted that at one time it was, but he did not believe that the classification is in effect any longer.

Mr. Leitke stated that it is on the NPL.

Mr. Newman called for a motion for SP-2008-03.

Mr. Shelton moved to conditionally approve the final development plan with the contingencies outlined by staff.

Mr. Boyd seconded the motion.

Mr. Newman asked if the applicant had an idea of when the environmental approvals for this project would be received.

Mr. Harrison stated he didn’t know at this point in time. He does know that the EPA has already sent their recommendations to Ms. Connova at DHEC and that the subject matter is in her court and she is processing it. As far as a time frame he doesn’t know.

Mr. Newman asked about the stormwater management plan – if it had been submitted.

Mr. Harrison stated he hasn’t submitted a stormwater management plan to DHEC for the simple fact that he was waiting on Judy’s letter prior to submittal of that. To go a little further they will probably submit that the first of next week with the understanding that they can’t receive that approval until they get Ms. Connova’s approval.

Mr. Newman indicated that apparently the sewer system is going to tie directly into Western Carolina Regional Sewer Authority’s sewer lines.

Mr. Harrison said that was correct.

Mr. Newman asked what type of upgrades they were going to have to make.

Mr. Harrison responded that they would have to upgrade approximately 300 feet of line – possibly one pipe size. They are working with Bryan Bishop regarding these issues.

Mr. Newman asked if he and Mr. Dyrhaug had discussed all of the recommended contingencies and if the applicant had any concerns with these contingencies.

Mr. Harrison stated he was okay with contingencies.

No other discussion or questions. Vote was called for. The Planning Commission voted unanimously, 6-0, to conditionally approve SP-2008-03.

No other business was discussed.

Ms. Loe moved to adjourn the meeting.

Mr. Boyd seconded the motion.

The motion was approved unanimously, 6-0.

Commission adjourned at 7:15 p.m.

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