MORGANTOWN PLANNING COMMISSION

MINUTES

August 9, 2007

6:30 P.M.                                                                                                   City Council Chambers           

MEMBERS PRESENT: Sam Loretta, Tim Stranko, Marti Shamberger, Peter DeMasters, Theresa Rich, Kathryn Greever, Ken Martis

MEMBERS ABSENT: Ray Hicks, Jennifer Selin

STAFF: Christopher Fletcher, Planning Director

MATTERS OF BUSINESS:

A. Election of Vice-chair.  The nominations were opened for a Planning Commission member to be appointed Vice-chair.  DeMasters moved that Marti Shamberger be appointed.  Stranko seconded.  The nominations were then closed and the motion passed unanimously. With the absence of Chair Ray Hicks, newly appointed Vice-chair Shamberger presided over the meeting.

B. Approval of June and July minutes. Fletcher noted that these minutes will be postponed until September’s meeting.

OLD BUSINESS:

A. RZ07-03 / Grand Central Apartments, LLC.  Request by Grand Central Apartments, LLC for zoning map amendment for property located on Evans Street, Ensign Avenue, and Skidmore Alley.  Tax Map #15 Parcels #86, 87, 88, 89, 90, portion of 92.1, 93.2, 232 and Tax Map #14 Parcels #12.1 & 13; an O-I, Office and Institutional.

Fletcher read the Staff Report stating that this request has been brought back to the Planning Commission because the Planning Department realized it had failed to schedule a Ward Meeting as required in Article 1357.03 (C) (3) of the Planning & Zoning Code.  Fletcher noted that the Grand Central Apartments Outline Plan appears to meet several of the PUD general provisions and review considerations set forth in the Zoning Ordinance (Article 1237.01 and Article 1357.05 respectively).  Addendum A of the June 14, 2007 Staff Report provides a consistency assessment with the goals and objectives of the zoning ordinance relating to 0-I Zoning District.  The Planning Commission should consider this information as a part of the applicant’s Outline Plan as it provides greater detail to and distinction between what is normally required by the zoning ordinance and what is proposed under the development program.

Monty Warner, representing the petitioner, was present and thanked the Planning Department for its efforts.  He advised the Planning Commission that the opportunity of planned unit developments is the promise of the future of the city.  Warner noted that the Ward Meeting went very well.

There were no public comments offered.

Fletcher stated that Staff recommends approval of the Grand Central Apartments Outline Plan as set forth in the attached document as well as an affirmative recommendation to City Council for the reclassification of the subject realty from O-I to PUD with the following conditions:

1. That the Outline Plan be amended to include the revised Addendum A of the June 14, 2007 Staff Report attached hereto.

2. That review and approval of the project’s Development Plan is waived by the Planning Commission and conducted at the staff level.  However, should the Development Plan substantially differ from the approved Outline Plan, then the applicant must submit an Outline Plan Amendment to the Planning Commission for approval.

3. That the applicant meet the terms and conditions of the minor subdivision approval granted by the Planning Commission on June 14, 2007 and obtain all necessary City Council annulment and/or right-of-way adjustment approvals associated with the subject development.

Stranko moved to approve the Outline Plan with Staff’s recommended conditions and send an affirmative recommendation to City Council; seconded by Martis.  Motion approved unanimously.

NEW BUSINESS:

A. MNS07-21 / AES Federal Credit Union / 1133 Van Voorhis Road.  Request by Morgantown AES Federal Credit Union for minor subdivision approval for property located at 1133 Van Voorhis Road.  Tax Map #6 Parcels #44 & 48; a B-2, Service Business District.

Fletcher read the Staff Report stating that AES Federal Credit Union seeks minor subdivision approval for property at 1133 VanVoorhis road to combine two existing parcels into one 64,354.40 square foot parcel for the construction of a new financial services establishment.

Lee Gustafson, architect, was present on behalf of the applicant.  He advised the Commission that there would be no ingress, only be egress, from the property off of Christie Street.

Fletcher advised that a request for front yard set back variance will be held before the BZA next week.  The applicant has agreed to provide a bus pull-off lane for MountainLine Transit Authority.  There presently no transit stop on along VanVoorhis Road in this general area.

There were no public comments offered.

Fletcher stated that Staff recommends approval with the following conditions:

1. That the applicant submit three (3) paper copies, signed and sealed by a surveyor licensed in the State of West Virginia, of the final plat for the Planning Commission Chair’s signature; and,

2. That the final plat is filed at the Monongalia County Courthouse within thirty (30) days of meeting the condition set forth above.

Motion to approve by DeMasters with Staff’s recommended conditions; seconded by Martis.  Motion approved unanimously.

B. MNS07-15 / Fleming / 789 Kermit Place.  Request by John Fleming for minor subdivision approval for property located at 789 Kermit Place.  Tax Map #35 Parcels #286 & 287; an R-1, Single-Family Residential District.

Fletcher read the Staff Report stating that the petitioner seeks minor subdivision approval for property at 789 Kermit Place to combine two existing parcels into one 36,217 square foot parcel.  Lot frontage will remain on Kermit Place.    Staff advised applicant wishes to construct a detached garage on Parcel 287.  Fletcher noted that the applicant requested that he be represented by Staff.

There were no public comments offered.

Fletcher stated that Staff recommends approval with the following conditions:

1. That the applicant submit three (3) paper copies, signed and sealed by a surveyor licensed in the State of West Virginia, of the final plat for the Planning Commission Chair’s signature; and,

2. That the final plat is filed at the Monongalia County Courthouse within thirty (30) days of meeting the condition set forth above.

Motion to approve by Stranko with Staff’s recommended conditions; seconded by DeMasters.  Motion approved unanimously.

C. MNS07-02 / Raese / 128 Wagner Road.  Request by Robert Raese for minor subdivision approval for property located at 128 Wagner Road.  Tax Map #28 Parcel #122; an R-1A, Single Family Residential and B-4, General Business District.

Fletcher read the Staff Report stating that the petitioner seeks minor subdivision approval for property at 128 Wagner Road to subdivide a 35,262.04 square foot parcel into two parcels.  Parcel A will contain 11,571.89 square feet and have 141.76 feet of frontage on High Street.  The proposed parcel exceeds the B-4 District minimum lot area of 1,500 ft² and minimum lot frontage of 30 ft standards.  With the exception of an asphalt tennis court, no structure currently exists on the parcel. Parcel B will contain 23,690.15 square feet and have 192.17 feet of frontage on Wagner Road.  The proposed parcels exceed the R-1A District minimum lot area of 3,500 ft² and minimum lot frontage of 30 ft standards.   No setback issues will be created for the current structure.  Fletcher advised that the applicant requested to be represented by Staff.

Loretta asked whether or not there are any restrictions on the property due to the fact it is on the Historical Register.  Fletcher advised he did not believe that the requested minor subdivision would have an adverse impact on the historical standing of the structure.

There being not further questions by the Commission, Shamberger asked for public comments.

Mike Pacina asked what was the purpose of the request for subdivision.  Fletcher answered by stating he did not know the intent of the applicant but that the request met the standards of the Planning & Zoning Code.

There being no additional public comments offered, Shamberger closed the public comment portion of the hearing.

Fletcher stated that Staff recommends approval with the following conditions:

1. That the applicant submit three (3) paper copies, signed and sealed by a surveyor licensed in the State of West Virginia, of the final plat for the Planning Commission Chair’s signature; and,

2. That the final plat is filed at the Monongalia County Courthouse within thirty (30) days of meeting the condition set forth above.

Motion to approve by Stranko with Staff’s recommended conditions; seconded by Martis.  Motion approved unanimously.

D. SO7-20.111 US Cellular / 6 VanGilder Street.  Request by U.S. Cellular for Development of Significant Impact Site Plan approval for the placement of a Class II telecommunications stealth facility located at 6 VanGilder Street.  Tax Map 13 Parcels #16 & 17; an R-3, Multi-Family Residential District.

Fletcher read the Staff Report stating that the applicant seeks Development of Significant Impact Site Plan approval for the installation of a Class II Telecommunications facility at 6 VanGilder Street.  The proposed facility is a stealth-designed, roof top application that looks like a chimney.  The “chimney” will be approximately 5’X5; and 9’ tall and will house cellular antenna equipment.  The “chimney” will match the building’s cladding materials.  Additional equipment will be contained in a ground level dwelling unit that will not be available for residential occupancy.

Mike Pacina was present representing the petitioner.  Pacina explained the coverage area will be the immediate area and toward the Falling Run Road area.  It will cover the edge of WVU’s campus to the north.  He advised there will be no interference to any internet/computer operation or sensory impact to residents in the development.  The only thing they are doing to the apartment is taking out the carpet. The ground level unit will be equipped with battery back up and sprinkler system.  Access to the unit for service will be available 24 hours a day. The alarm is also monitored 24 hours a day in case there is a problem.

There were no public comments offered.

Fletcher read the recommendations portion of the Staff report and stated that the proposed stealth design appears to meet the Planning & Zoning Code’s desired development objective to conceal these facilities in an existing structure in a manner that does not draw attention to its existence.   Stealth design applications often increase the cost of facility development.  However, the wireless industry has recognized the need to mitigate adverse impacts on view sheds and the aesthetic character of an area.  Fletcher noted that the petitioner should be commended for their efforts to respect the character of the site and the immediate area.

Fletcher identified some recent stealth design installation within the City and the immediate:

· “Pine Tree” design at the Elks Lodge on Stewartstown Road – US Cellular

· “Elevator Shaft” design Monongahela Building on High Street – US Cellular

· “Elevator Shaft” design on Summit Hall in Sunnsyide – US Cellular

· “Elevator Shaft” design on Pierpont Apartments in Evansdale – US Cellular

· “Flag Pole” design at the Water Commission Building on High Street – CellularOne

· Mountaineer Mall Water Tower – CellularOne

· “Steeple” design at the First Presbyterian Church on Spruce Street – Ntelos

· “Chimney” design at the old Second Ward School on Wilson Avenue – US Cellular

Fletcher stated that the only Staff concern for the proposed design is that the facility’s cabinet equipment will be located in a ground level dwelling unit, thereby reducing the number of available accessible units at this multi-family development.  Staff discussed the issue with the applicant and learned that the cabinet equipment must be located on the concrete slab of the ground floor as the flooring for upper units will not support the cabinet’s weight.  Removing the ground level dwelling unit does not appear to hinder the multi-family development’s ability to provide sufficient accessible housing.

Fletcher stated that it does not appear that a Section 106 review under the National Historic Preservation Act is necessary for the proposed project.

Fletcher stated that Staff recommends approval of petition as requested.

Motion to approve by Stranko with Staff’s recommended conditions; seconded by Martis.  Motion approved unanimously.

E. MNS07-23 / Burchinal / Lillian Street.  Request by Iola Burchinal for minor subdivision approval for property located on Lillian Street.  Tax Map #37 Parcel #295; and R-1A, Single-Family Residential District

Fletcher read the Staff report stating that the applicant seeks minor subdivision approval for property located on Lillian Street in order to subdivide an 11,988.06 square foot parcel into two parcels.  Parcel A will contain 6,276.06 square feet with 80’ frontage on Lillian Street and Parcel B will contain 5,712 square feet with 80’ of frontage on Lillian Street.  Fletcher noted that the applicant requested Staff to represent the petition.

There were no public comments offered.

Fletcher stated that Staff recommends approval with the following conditions:

1. That the applicant submit three (3) paper copies, signed and sealed by a surveyor licensed in the State of West Virginia, of the final plat for the Planning Commission Chair’s signature; and,

2. That the final plat is filed at the Monongalia County Courthouse within thirty (30) days of meeting the condition set forth above.

Motion to approve by DeMasters with Staff’s recommended conditions; seconded by Stranko.  Motion approved unanimously.

F. RZ07-05 / Admin. Request / SFR PUD Boundary Adjustment.  Administratively requested map amendment to revise and remove certain realty that was erroneously included on the zoning map approved January 2006 and to incorporate realty, Tax Map #20 Parcel #426, into the Square at Falling Run Planned Unit Development.

Fletcher read the Staff Report stating that the Official Zoning Map of the City of Morgantown was amended on January 3, 2006 as a part of a zoning ordinance modernization initiative.  The SFR developer recently purchased a parcel adjacent to the “Augusta” development project and requested the Planning Department to review the PUD boundary and recommend whether or not the subject parcel should be included as a part of the SFR PUD.  In reviewing the request, the Planning Department identified a number of parcels either owned by West Virginia University or by private owners (not associated with SFR) that were inadvertently included within the SFR PUD by the January 6, 2006 zoning map amendment.  One parcel included in the May 6, 2003 approved SFR PUD amendment was inadvertently excluded in the January 6, 2006 zoning map amendment.  The errors appear to have been unintentionally caused by the cartography who prepared the January 3, 2007 zoning map amendment.  The following table identifies the subject parcels and Addendum A illustrates the location of same.

Tax Map / Parcel	Owner / Status	Tax Map / Parcel	Owner / Status
20 / 537.01	WVU / inadvertently included in PUD	20 / 236	Private Owner / inadvertently included in PUD
20 / 537	WVU / inadvertently included in PUD	20 / 235	Private Owner / inadvertently included in PUD
20 / 536	WVU / inadvertently included in PUD	20 / 239	Private Owner / inadvertently included in PUD
20 / 535	WVU / inadvertently included in PUD	20 / 240	Private Owner / inadvertently included in PUD
20 / 534	WVU / inadvertently included in PUD	20 / 241	Private Owner / inadvertently included in PUD
20 / 538	WVU / inadvertently included in PUD	20 / 511	Private Owner / inadvertently included in PUD
20 / 539	WVU / inadvertently included in PUD	20 / 390	Private Owner / inadvertently included in PUD
20 /  229	Private Owner / inadvertently included in PUD	20 / 389	Private Owner / inadvertently included in PUD
20 / 230	Private Owner / inadvertently included in PUD	20 / 388	Private Owner / inadvertently included in PUD
20 / 234	Private Owner / inadvertently included in PUD	20 / 515	SFR  / inadvertently excluded from PUD
20 / 238	Private Owner / inadvertently included in PUD	20 / 426	SFR / new parcel to be included in PUD

Martis noted for the public and new PC members that mistakes like this did occur in the new map and is a very normal thing to have happen.  The procedure was extremely complex.  Martis urged Commissioners to understand the complexity of the zoning map revision that occurred in January 2006.

There were no public comments offered.

Fletcher stated that, with the exception of including the recently acquired SFR parcel (Tax Map 20, Parcel 238), the subject zoning map amendment request should be considered “housekeeping”.  Parcels that were inadvertently included within the SFR PUD area should be reclassified to the zoning designation of record prior to the enactment of the January 3, 2006 Official Zoning Map.  Parcel 515 of Tax Map 20 was inadvertently changed from PUD to R-3.  The remaining parcel was acquired by the SFR developer to mitigate steep slopes created by the construction of the “Augusta”.  The developer has agreed to include the subject parcel in a permanent open space covenant recorded at the Monongalia County Courthouse, which will count toward meeting the minimum open space requirements within PUDs.  As such, staff advises the Planning Commission to forward an affirmative recommendation to City Council to:

1. Correct errors in the Official Zoning Map of the City of Morgantown by reclassifying twenty-one parcels to their zoning designation of record prior to the January 3, 2006 zoning map amendment as described below:

a. Tax Map 20, Parcel 229 – from PUD to R-2

b. Tax Map 20, Parcel 230 – from PUD to R-2

c. Tax Map 20, Parcel 234 – from PUD to R-2

d. Tax Map 20, Parcel 235 – from PUD to R-2

e. Tax Map 20, Parcel 236 – from PUD to R-2

f. Tax Map 20, Parcel 238 – from PUD to R-2

g. Tax Map 20, Parcel 239 – from PUD to R-2

h. Tax Map 20, Parcel 240 – from PUD to R-2

i. Tax Map 20, Parcel 241 – from PUD to R-2

j. Tax Map 20, Parcel 388 – from PUD to R-2

k. Tax Map 20, Parcel 389 – from PUD to R-2

l. Tax Map 20, Parcel 390 – from PUD to R-2

m. Tax Map 20, Parcel 511 – from PUD to R-3

n. Tax Map 20, Parcel 515 – from R-3 to PUD

o. Tax Map 20, Parcel 534 – from PUD to R-2

p. Tax Map 20, Parcel 535 – from PUD to R-2

q. Tax Map 20, Parcel 536 – from PUD to R-2

r. Tax Map 20, Parcel 537 – from PUD to R-2

s. Tax Map 20, Parcel 537.01 – from PUD to R-2

t. Tax Map 20, Parcel 538 – from PUD to R-2

u. Tax Map 20, Parcel 539 – from PUD to R-2

2. Reclassify Parcel 426 of Tax Map 20 from R-3 to PUD with the condition that the subject realty be dedicated as open space though a permanent covenant recorded at the Monongalia County Courthouse.  The area of said open space shall be counted toward fulfilling the minimum open space requirements for PUDs as set forth in the Planning & Zoning Code of the City of Morgantown.

Motion by Martis to send an affirmative recommendation to City Council with Staff’s recommended conditions; seconded by DeMasters.  Motion approved unanimously.

G. TX07-06 Administrative Text Amendment.  Administratively requested text amendment to revise Article 1349 and 1351 of the Planning and Zoning Code as it relates to the B-4, General Business District and performance standards therein.

Fletcher read the Staff Report stating that a handout was included that was distributed to City Council at their Committee of the Whole meeting on July 31, 2007.  Fletcher reported that Council is eager to receive the Planning Commission’s final recommendation.  Fletcher noted that Staff fielded several calls that the issue be tabled until next month.  Fletcher presented a PowerPoint presentation that detailed the research conducted by the Planning Department, comments and requested changes provided at the July 27, 2007 Planning Commission workshop, and recommended revisions that address primary issues of concern including parking in the downtown, building densities and massing, residential density, and context sensitive design.

After a lengthy discussion, Stranko moved to table the agenda item until the September meeting; seconded by DeMasters.  The motion passed unanimously.

OTHER BUSINESS:

A. Public Comments:      None.

B. Staff Comments:

1. Fletcher solicited the interest of Planning Commissioners to serve on the Design Review Committee.  Appointments would be placed on the Commission’s agenda next month.

2. Fletcher advised that Staff was preparing Bylaw revisions pursuant to changes in State Code and the City’s Planning & Zoning Code.

Meeting adjourned at 8:30 PM.