CALL TO ORDER

Members Present: T. Shamberger, J. Rockis, and G. Pastoria

Members Absent: R. Hawkins and N. Iannone

Staff Present: Jim Wood, Planning Director

MATTERS OF BUSINESS:

T. Shamberger made a motion to approve the minutes as written, seconded by J. Rockis. Motion approved unanimously.

OLD BUSINESS: NONE

NEW BUSINESS:

CU01-24 / Platinum Properties / Two Waterfront Place: Request by Platinum Properties, LLC for conditional use approval for two freestanding signs, in the B-4, General Business District, located at Two Waterfront Place. The proposal is for one double-sided 6x8 sign located along University Avenue and one 3x5 single-sided sign located along the Rail Trail at the fence line. Tax Map #37A, Parcel # 3A, B-4, General Business District.

J. Wood read the staff report. He stated that Platinum Properties, LLC would like to construct two (2) freestanding signs; one double-sided 6 x 8 sign located along University Avenue and the second sign would be a 3’ x 5’ sign near the rail-trail. He also stated that the signs are proposed on a two-year “temporary” basis and would contain a rendering of the Hotel/Conference Center and a list of the companies involved in the construction. J. Wood affirmed that the Design Review Committee voted unanimously to forward a recommendation for approval for the proposed sign along University Avenue. However, the Committee voted unanimously to forward a recommendation for denial for the proposed sign along the rail-trail, after questioning the necessity of advertising to users of the trail. He also stated that the Planning Commission concurred with the Design Review Committee.

Jerry Summers, Platinum Properties, presented the request to the Board.

Discussion ensued on the content of the sign.

G. Pastoria asked for public comment. There was none.

G. Pastoria closed the public hearing.

T. Shamberger stated that he is concerned about the sign along the rail trail.

J. Rockis stated that he is in favor of granting both signs.

G. Pastoria stated that he believes that there should not be signs along the rail trail.

Discussion ensued on the placement of a similar sign on the building.

The application was for the sign on University Avenue was considered separately from the that for the sign on the rail trail.

J. Rockis made a motion to approve the findings of fact as written for the sign located along University Avenue, seconded by T. Shamberger. Motion approved unanimously.

T. Shamberger made a motion to approve the sign along University Avenue, seconded by G. Pastoria. Motion approved unanimously.

When considering the application for the sign along the rail trail, finding of fact #4 was found in the positive by J. Rockis and to be in the negative by T. Shamberger and G. Pastoria.

T. Shamberger made a motion to deny the request for the sign located along the rail trail, citing that not all findings of fact were found in the positive, seconded by G. Pastoria. Motion approved by a 2-1 vote; J. Rockis cast the dissenting vote.

T. Shamberger made a motion to clarify the initial motion to approve the sign located along University Avenue to include the condition of the removal of the sign within thirty (30) days of obtaining a certificate of occupancy permit, seconded by G. Pastoria. Motion approved unanimously.

CU01-25 / Cavender / 212 Wall Street: Request by David Cavender for conditional use approval to have multi-family units in the B-4, General Business District for property located at 212 Wall Street. Tax Map #26A, Parcel #119, a B-4, General Business District.

J. Wood read the staff report. He stated that the applicant is keeping the front half of the building, which has its entrance on High Street, as retail space and proposes to convert the back portion of the building, both ground and second floors, into residential units that would open onto Wall Street. He also stated that the only building foot print change would be an encroachment on Wall Street that would simulate the appearance of a townhouse façade.

David Cavender presented his request to the Board.

G. Pastoria asked for public comment. There was none.

G. Pastoria closed the public hearing.

G. Pastoria made a motion to accept finding of fact #1 as modified to state that the new construction would be inspected by the City, #2 as modified to state that there will be no addition to the footprint of the building, and #4-8 be accepted as written by the applicant, seconded by J. Rockis. Motion approved unanimously.

T. Shamberger made a motion to approve the conditional use request, seconded by J. Rockis. Motion approved unanimously.

CU01-26 / Kroger’s / 1851 Earl Core Road: Request by MSES Consultants, Inc., on behalf of Kroger Mid-Atlantic for off premise parking for their Sabraton location, 1851 Earl Core Road. The proposed parking would be on Tax Map #33, Parcel #51, I-1, Industrial District.

J. Wood read the staff report. He stated that this request is being made in conjunction with a request for site plan approval for an accessory-fueling center. He also added that the fueling center would be on a portion of the property that currently contains required parking spaces for the grocery store. He further stated that 40 parking spaces would be lost, but they propose to construct 101 standard sized parking stalls on this leased property. J. Wood confirmed that the new parking arrangement for the store would include eight (8) handicap and 278 standard parking spaces, totaling 286 parking spaces, an increase of 61 stalls.

J. Rockis asked for clarification of the zoning ordinance regarding landscaping. J. Wood added that 5% of the total area of new parking is required to be reserved for interior landscape islands. He also added that the Planning Department, as well as the Planning Commission found the proposed landscaping to be in compliance with city ordinances. J. Rockis inquired about the landscaping in the area that separates the site from Ponderosa. J. Wood stated that the ordinance only requires landscaping in the new parking area, and not in the area between Kroger and Ponderosa.

Larry Rine, Consultant for MSES and Kroger, presented the request to the Board. He stated that the Company has completed a traffic study, which reflects an additional two hundred to two hundred fifty (200-250) vehicles per day on Earl Core Road. Mr. Rine added that the company has taken into account a three to four-car stacking lane, which explains some of loss of parking spaces.

Discussion ensued on traffic congestion and the green space of the area along Route 7.

G. Pastoria asked for public comment.

Joe Defazio, owner of Sabraton Exxon, concurred that Kroger’s is in need of a larger parking facility but believes that the gas station would cause undue congestion and safety hazards on Earl Core Road.

Jerry Summers, representative of Platinum Properties, stated that Platinum owns East Point Shopping Center in Clarksburg, where Kroger’s fueling station is located, and added that the company had similar concerns when Kroger’s opened the station. He stated that there have never been problems with traffic congestion and that Kroger’s has always worked with them.

Howard Goodstein, BFS, stated that the hearing is premature due to a contract for land not being executed by Kroger and the landowner. He also added that a minor subdivision has not been completed to remove the land from the old Sterling site.

J. Wood stated that there is an unexecuted copy of the ground lease on the Board’s packets and an executed copy would be a condition placed on the approval of the request.

G. Pastoria closed the public hearing.

J. Rockis added that additional landscaping is needed.

G. Pastoria stated that the conditional nature of the request might give the Board some leverage to ask for more landscaping than the ordinance requires.

J. Wood asked the Board if it would be acceptable if trees and shrubs were planted in the present grass belt along Earl Core Road and Ponderosa. He also added that his duties, in normal site plan review cases, are to enforce what the ordinance requires, not to try to bluff people into providing more than required. J. Wood added that since this request is for conditional use approval, the Board could require Kroger’s to take the extra step of providing more landscaping than the ordinance requires.

J. Rockis made a motion to table the request until a new landscape plan is submitted that showed significantly more landscaping than currently shown. G. Pastoria seconded the motion. Motion approved unanimously.

OTHER BUSINESS

Public Comments

Staff Comments

ADJOURNMENT