Background

The Miller Farm north of Rockwool was purchased by the land development company Jefferson Orchards, Inc. around the time they sold part of the old Jefferson Orchards land to Rockwool. In 2021 Jefferson Orchards, Inc. applied to have the land rezoned from Rural to Residential Growth. Residential Growth allows urban level housing development. Jefferson Orchards, Inc. was granted the zoning change even through it did not align with the 2035 County Comprehensive Plan. The Jefferson County Planning Commission and County Commission did so because they found that due in part to the new road “Northport Avenue” that the applicant promised that the WVDOH would build to the site there had been a significant change to the community.

In May 2024, the applicant (Jefferson Orchards, Inc.) came back to the Planning Commission with a concept plan for a housing development—including 720 houses on 88.06 acres of lots, and tiny housing lots pushed right up against rural land where large livestock are kept and crop fields are planted. Frustratingly, when the applicant came back to the Planning Commission, they decided not to put in the road that had allowed the zoning change in the first place. The Planning Commission gave the applicant direction to continue to the preliminary plat stage and to meet with the adjoining land owners to address their concerns specifically with fencing to protect the adjoining land owners’ assets.

Now the owner, Jefferson Orchards, Inc., and the applicant, Lennar, have come back with the preliminary plat and there are deficiencies.

What is happening

The developers of Birdhill Meadows Subdivision have applied for approval of a Preliminary Plat. The Jefferson County Planning Commission is holding a Public Hearing on the Preliminary Plat on January 14, 2025 at 7 pm at the County Commission Meeting Room in the downstairs of the Charles Town Library. The Planning Commission is required to hold a public hearing on all preliminary Plats (Section 24.114 of the subdivision regulations).

Read the submitted Plat in the PDFs below (note: due to the large size, the entire PDF is broken up into sections to make it easier to read and download).

• Pages 1-8 from 24-12-SD Birdhill Meadows PP Submission 3-3
• Pages 9-25 from 24-12-SD Birdhill Meadows PP Submission 3-3
• Pages 26-31 from 24-12-SD Birdhill Meadows PP Submission 3-3
• Pages 32-43 from 24-12-SD Birdhill Meadows PP Submission 3-3
• Pages 44-56 from 24-12-SD Birdhill Meadows PP Submission 3-3
• Pages 57-68 from 24-12-SD Birdhill Meadows PP Submission 3-3
• Pages 69-75 from 24-12-SD Birdhill Meadows PP Submission 3-3
• Pages 76-95 from 24-12-SD Birdhill Meadows PP Submission 3-3
• Pages 96-116 from 24-12-SD Birdhill Meadows PP Submission 3-3
• Pages 117-135 from 24-12-SD Birdhill Meadows PP Submission 3-3
• Pages 136-147 from 24-12-SD Birdhill Meadows PP Submission 3-3

The Issues

The Issues with the application:

• The historic resource impact study included as required by 24.113 B. 10 is insufficient.
• There is no Phase I Archeological Study included as required by 24.113 B. 10.
• There are zoning issues (24.113 D.1.). When the property was rezoned, Jefferson Orchards, Inc. promised that a road would be extended through the development from Northport Avenue to alleviate traffic issues on 480. Now it is not building this road. The development should not be allowed without this road.
• 24.113. B.13. requires that applicants address the identified concerns from the Concept Plan. The Planning Commission directed the applicant to meet with the adjoining and confronting land owners regarding facing prior to submitting the preliminary plat. This was not done.
• 24.113 E. requires WVDOH approval prior to final Preliminary Plat approval by staff. No such approval may be found in the materials provided to the public.

The issues with the process:

The Planning Department staff are refusing to post a public copy of the preliminary plat documents online for the public to view. They are also refusing to print a full-size copy of plans for members of the public to view in the Planning Commission office. If you wish to see the Preliminary Plat, you must contact the Planning and Zoning office and request a link to download the document. If your internet is not sufficient to download the documents, Jenny Lynn from the planning commission said that you could come to the office of Planning and Zoning and look over her shoulder at the computer screen (literally). The Subdivision Regulations require 21 days legal notice to the public before the public hearing. How can the public have a meaningful right to be heard if they do not have the opportunity to review the information.

How to take action

The Planning Commission has delayed the discussion of the Birdhill Meadows Subdivision plat. We will keep you posted as to when it will be rescheduled.

In the meantime, the national pollutant discharge elimination permit (NPDES) stormwater permit for Birdhill Meadows is currently out for public comment. Please send your request for public hearing today.

This development is on land that is an important part of the groundwater recharge area for Rocky Marsh and other groundwater feed surface streams. Due to the density this development will have large areas covered by roofs, concrete, and asphalt making them impervious. This will concentrate the stormwater into large unlined ponds that will discharge into the backyards of downstream home owners outside of the development. It will also likely cause sinkholes to develop in these ponds (just like what happened at Rockwool—7 sinkholes in 1 pond). These sinkholes will allow polluted stormwater to flow directly into the groundwater and possibly into neighboring wells.

Join us in asking for a public hearing on this permit. Send this message using our portal to the West Virginia Department of Environmental Protection requesting a public hearing in this matter.