MINUTES

December 13, 2001

6:30 p.m. Council Chambers

Members Present: J. Lattanzi, P. Esposito, T. Miller, M. Paparozzi, K. Martis, and R. Hicks, Jr.

Members Absent: Mary Templeton, Barbara Rasmussen, Edward Skriner, and Michael Kraley

City Staff: Jim Wood, Planning Director and Lisa Martin, Assistant Planner

F01-11 / Levels / 345 High Street: Request by Levels for façade review approval for signage at 345 High Street. Tax Map #26A, Parcel #105, a B-4, General Business District.

L. Martin read the staff report. She stated that during the November meeting, the Planning Commission denied the design proposed by Mr. Pavone and that he since worked with the Design Review Committee on a new design. She added that the Design Review Committee is forwarding a recommendation for approval for the new design proposal.

Mr. Pavone was not present for discussion.

R. Hicks asked for public comment. There was none.

No discussion ensued.

Motion to approve the proposed sign by J. Lattanzi, seconded by P. Esposito. Motion approved unanimously.

RZ01-09 / Monazam / 3566 Collins Ferry Road: Request by Esmail and Sherry Monazam to rezone property located at 3566 Collins Ferry Road from R-1, Single-family Residential to PRO, Professional, Residential, and Office District. Tax Map #51, Parcel #6.

J. Wood read the staff report. He stated that Mr. Monazam is proposing to rezone a parcel of property from residential to a Professional, Residential, and Office District. He explained that Mr. Monazam, in November, made application to rezone the same parcel of land from R-1, Single-family Residential to B-1, Neighborhood Business and that the Planning Commission voted unanimously to forward a recommendation of denial to City Council. J. Wood also added that Mr. Monazam voluntarily withdrew the request before it got to Council. He also confirmed that the Planning Department was in receipt of letters of opposition from residents and the Suncrest Neighborhood Association.

P. Esposito excused himself from voting on the request due to a conflict of interest.

Mr. Monazam presented his request and gave written information to the Commission.

R. Hicks asked for public comment.

Sherry Monazam spoke in favor of the request.

Pete Popovich, Flagel Street, spoke in favor of the request.

Julie Cryser, 6 Flagel Street, spoke in opposition to the request.

Dave Hickman, 6 Flagel Street, spoke in opposition.

Ronald Hill, 10 Flagel Street, spoke in opposition.

Florence Merow, 669 Colonial Drive, Councilperson, spoke in opposition.

Chris Conden, Airport Boulevard, spoke in favor of the request.

Helen Quarrick, 1288 Colonial Drive, spoke in opposition.

Michael Hurst, Morgan Drive, spoke in opposition.

James Frost, Collins Ferry and Rotary, spoke in opposition.

Don Trevorrow, 512 Milford Street, spoke in opposition.

Janey Hill, 10 Flagel Street, spoke in opposition.

Wendy Alke, 3335 Collins Ferry Road, Attorney for Mr. Monazam, spoke in favor of the request.

Don Spencer, 565 Harvard Avenue, Suncrest Neighborhood Association, spoke in opposition.

K. Martis urged residents to speak to County Commissioners concerning county zoning. He also added that Mr. Monazam was aware of the R-1 zoning when he purchased the property.

Motion to forward a recommendation for denial to Council by J. Lattanzi, seconded by M. Paparozzi. Motion approved unanimously.

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.

L. Martin read the staff report. She 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. She 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. L. Martin 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.

Laury Podolinski, Platinum Properties, presented the request to the Commission.

R. Hicks asked for public comment. There was none.

Discussion ensued on the appropriateness of locating a sign visible from the Rail Trail and the precedent it would set.

M. Paparrozi made a motion to forward a recommendation for approval of the sign located along University Avenue, with the condition that the sign be removed within 30 calendar days of the hotel / conference center building being issued a certificate of occupancy, seconded by T. Miller. Motion approved 4-1; J. Lattanzi cast the dissenting vote.

CU01-25 / Cavender / 212 Wall Street: Request by David Cavender for conditional use approval to have a multi-family structure 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 from 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 townhouse façade; and that that would come before the Planning Commission at a later meeting, after going before the Design Review Committee.

David Cavender presented his request to the Commission.

R. Hicks asked for public comment.

David Kelly, 235 Jones Avenue, North Central Home Owners Association, spoke in favor of the request.

Motion made by T. Miller to forward a favorable recommendation to the BZA, seconded by M. Paparozzi. 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 the property that currently contains required parking spaces for their grocery store; 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.

Larry Rine, Senior Project Mananger from MSES, Consultants, presented the request to the Commission.

K. Martis asked about the water runoff into Decker’s Creek. Mr. Rine replied that a pre and post runoff study was done and will meet all requirements of the City Engineer. Mr. Rine also added that no runoff would affect the City’s sanitary sewer.

R. Hicks asked for public comment.

Joe Defazio, Exxon on Earl Core Road, did not speak in opposition to the stated request, but expressed disapproval of Kroger opening a gas station at the site. He also asked if the fueling station would cause widening of the roads, stop lights, or increased traffic flow.

Don Bowers, Postal Plaza, Oil Express, also expressed opposition to for Kroger opening a gas fueling station at the site. He also added that there would be safety concerns involved with the station.

Jerry Dixon, 3025 Earl Core Road, Corey’s B.P., also expressed opposition to Kroger opening a gas station at the site.

J. Lattanzi added that it is not the position of the Planning Commission to make a decision on a site plan based on concerns over retail competition.

T. Miller suggested that complaints of the aforementioned type be addressed to City Council or state agencies.

Motion to forward a favorable recommendation to the BZA by J. Lattanzi, seconded by M. Paparozzi. Motion approved 4-1; T. Miller cast the dissenting vote.

S01-15 / Kroger’s / 1851Earl Core Road: Request by MSES Consultants, Inc., on behalf of Kroger Mid-Atlantic for site plan review for a fueling center at their Sabraton Location, 1851 Earl Core Road. Tax Map #33, Parcel #50, 51, 52 I-1, Industrial District.

J. Wood read the staff report. He stated that the site plan is for a gasoline and diesel fuel center at the Kroger location in Sabraton. He added that the fueling center would only have one structure that would be an attended 8 x 12 foot kiosk and would consist of five (5) dispensing islands, served by two (2) 20,000 gallon buried tanks, and a metal canopy covering the fueling area.

Discussion ensued on traffic safety issues, ingress/egress points. A suggestion was made that the southern ingress/egress driveway (the one with no signal) be reconfigured so that cars exiting the Kroger parking lot would be limited to a right-turn movement only.

Larry Rine confirmed that MSES completed a traffic study and the results reflect a slight increase in traffic flow and that the aforementioned ingress point is used primarily as a right turn only. He also added that the State would have to approve a decision to make the egress point a right turn only.

There was a motion by P. Esposito to approve the site plan with the conditions set forth in the staff report and with the additional condition that the ingress/egress (with out traffic light) a right turn only when exiting the parking lot, seconded by J. Lattanzi. Motion approved 4-1; T. Miller cast the dissenting vote. It was further stated that if the City Engineer or the Department of Transportation object to limiting the egress at that location to a right turn only movement, the applicant could come back to the Commission for re-evaluation of the plan.

S01-16 / Vic’s Garage / 1301 University Avenue: Request by Gary Solomn to construct a lean-to type metal roof at the rear of the property at 1301 University Avenue. Tax Map #26A, Parcel #14, a B-4, General Business District.

J. Wood requested that the Commission table the request due to insufficient information on which to present the case.

Motion to table the site plan approval to the January 8, 2001 meeting by T. Miller, seconded by J. Lattanzi. Motion approved unanimously.

F01-12 / Rees / 467 Chestnut Street: Request by David Rees to install a canvass awning and lighting at 467 Chestnut Street.

L. Martin read the staff report. She stated Mr. Rees would like to install canvas awnings over each of the two entrances to Bent Willey’s pub and that the awning over the front entrance (Chestnut Street façade) will have the words "Bent Willey’s" on the skirt. She also added that the Design Review Committee unanimously approved the improvements, with the understanding that if the applicant intends to use the lighting underneath the Reid Street awning to backlight the awning, instead of lighting the sidewalk, then he must apply for a sign permit.

Rob Lapinto presented the request to the Commission. He stated that the intent is only to illuminate the sidewalk.

Motion to approve the request by P. Esposito, seconded by T. Miller. Motion approved unanimously.

John Duarte, 460 Grove Street, discussed the development and master plan process in regards to the Sabraton area.