MORGANTOWN PLANNING COMMISSION

 

MINUTES

 

January 11, 2007

 

6:30 P.M.                                                                                                                                                                                                                                                                                                                                                                                                                                                                           City Council Chambers           

 

Members Present:  Ray Hicks, Jennifer Selin, Marti Shamberger, Peter DeMasters, Teresa Miller, Ken Martis, and Sam Loretta.

 

Members Absent:  Fred Schaupp and Julie Cryser.

 

Staff Present:  Christopher Fletcher, Planning Director.

 

MATTERS OF BUSINESS:

A.                 Election of Leadership

i.                    Chair - Motion to nominate Ray Hicks as chair by Martis, second by Selin.  No other nominations.  By acclamation Ray Hicks wasis re-elected as Chair.

ii.                  Vice-Chair – Motion to nominate Jennifer Selin by Martis, second by Shamberger.  No other nominations.  By acclamation Jennifer Selin is re-elected Vice-Chair.

B.                 Approval of the December minutes was postponed to the next meeting.

 

OLD BUSINESS:  

None

 

NEW BUSINESS:

A.     RZ07-01 / Wal-Mart Annexation:  Request by Wal-Mart Stores for a Zoning Map Amendment in relation to the proposed annexation of certain West Virginia Division of Highways rights-of-way following U.S. Route 119 and State Route 76 (Hornbeck Road) up to and including approximately 55.743 acres developed by Wal-Mart Stores East, LP.

 

Fletcher read the staff report stating that the petitioner seeks annexation into the City of Morgantown.  The site includes the recently opened Super Wal-Mart Store #2083-01 and four (4) out-parcels.  The aAttached survey plat illustrates the route and location of the requestproposed annexation.

 

Fletcher advised that the City is preparing annexation documents as required by West Virginia State Code for “Minor Boundary Adjustment” and stated no additional parcels, realty, areas, or portions thereof are currently being considered as part of the proposed annexation.

 

Fletcher read 1331.04, Annexation, of the Planning and Zoning Code of the City of Morgantown.    

 

 

Shamberger questioned if WalmartWal-Mart had to adhere to City code due to the annexation..

 

Fletcher advised that they do not have to build in accordance with the City’s code until they have been annexed into the City.  He has not viewed the current construction of the property for zoning consistency, but the uses such as parking and layout best fit with B-5 Shopping District.

 

Hicks questioned that when WalmartWal-Mart is annexed, they would not need to modify their current structure to conform, but any new construction would need to conform to City code.

 

Fletcher agreed.

 

Hicks asked if once they were in the corporate limits, if they would be subject to B&O tax. 

 

Fletcher stated that they would.  He then clarified the issue was not about the annexation but in modifying the zoning map to allow for thereflect the potential proposed annexation under West Virginia State Code.

 

Selin asked if the corridor to the Wal-Mart property is connected.

 

Fletcher stated that it must be contiguous to the City’s current corporate boundaries.

 

Selin questioned why WalmartWal-Mart would want to be part of the City.

 

Fletcher commented that he could not speak on behalf of Wal-Mart but there was a letter in their packets stating their requests. 

 

Hicks asked for public comments.  There being none, the public portion was closed.

 

Mr. Carl Bivens, representing Wal-Mart Stores East, LP, submitted a Zoning Map Amendment Application requesting the subject realty be classified as B-5, Shopping Center District.

 

Fletcher affirmed the staff recommendation and stated that the existing and proposed land uses contained within the Wal-Mart development site are consistent with B-5, Shopping Center District as stated in the Zoning Ordinance.    Further, it appeareds that the capacity of existing infrastructure including roads, water, sewer, stormwater management, police and fire should adequately serve all permitted B-5 land uses and land development characteristics of the subject site. 

 

The staff suggested that the request be forwarded to City Council with a favorable recommendation to approve B-5 zoning reclassification for all of the planned proposed annexation area with the understanding that the final B-5 boundary will be determined by the annexation documents approved by City Council.

 

DeMasters stated, for clarification, the area going out to State Route 119 only follows the Sstate right- of- way and does not go outside at any point on 119. 

 

Fletcher stated that is correct.  The only private property affected is the Wal-Mart development.

 

Motion to forward a favorable recommendation  to City Council by Martis, second by DeMasters.  Motion carried unanimously.

 

 

B.    S07-01.III / Panico / Beechurst Avenue:  Request from Joe Panico for Development of Significant Impact (DSI) Site Plan Review for property located on Beechurst Avenue.  Tax Map #19 Parcels #128, 36, 37, 38; a B-2, Service Business District, R-3, Multi-family Residential District, and Beechurst and South Sunnyside Overlay Districts.

 

Fletcher read the staff report stating that the petitioner seeks site plan approval for the demolition of two (2) existing structures and the development of a mixed-use structure.  The structure will contain 87 one and two bedroom units and approximately 3,200 sq. ft. of retail space fronting Beechurst Avenue.  The structure will be five stories or approximately 55 feet in height; four stories of residential and non-residential uses above one story of internal parking. 

 

Fletcher continued that Addendum A illustrates the location of the subject realty.  Addendum B contains a review with the Sunnyside Overlay District design and performance standards. 

 

Mr. Joe Panico stated they are proposing a large structure in the heart of the Sunnyside-up districts neighborhood which exceeds parking requirement with surface and garage, meets most set backs, and has adequate area required for possible widening of Beechurst Avenue in the future.  They will be asking BZA for some relief with fenestration, front set back, and ground floor non-commercial ratio, which areis required in the Sunnyside Overlay Districts.

 

Panico was asked about the front space from the curb in the instance of future widening of the streets.

 

Panico stated he believes they meet the requirement, it has been moved under the recommendation of the Pplanning Directorer.  We are now back 15 feet and the overhang would be 12 feet.

 

Panico stated thatand planters willould be located in the fifteen (15) feet setback from to the right-of-wayroad.

 

Hicks asked for public comments. 

 

Don Oakes, Executive Director of Sunnyside-Up,  stated that his policy boardhe is in favor of this proposal.

 

Sam Chico, spoke in support of Mr. Panico’s development with one objection to the proposed annulment of of a portion of Irwin Alley, which he believes is a critical access to his property.

 

For clarification purposes, the proposed alley annulment is between 4th ½ and 4th  Streets.  

 

Chico stated that he is opposed to any portion or complete annulment.  Mr. Chico stated he owns the block between 3rd and 4th Street and Beechurst to the Rail Trail, and needs access.

 

Selin asked for criteria for purposes of the alley.

 

Fletcher stated Panico is proposing the project with the alley being annulled, if it is not annulled the project could not be approved.  His understanding from the City Eengineer, who has been working with Mr. Panico’ s traffic engineer regarding the alley, is that it will not have a negative impact as proposed. because it is not currently utilized often.

 

DeMasters asked Mr. Chico if he needed the entire alley for delivery trucks and if there were any other ways for the trucks to deliver.

 

Mr. Chico stated that he does need the entire alley and there is no alley between 3rd and 4th  Streets.

 

Hicks asked Mr. Chico what parcels belonged to him.   

 

Chico stated 3rd Street to 4th Street and Beechurst to Rail to Trail.  The bakery is on parcel 35 and 36.

 

Selin asked Mr. Chico for clarification on ingress/egress for the delivery trucks. 

 

Chico stated that they go to the light at the power plant and then they come up the alley.

 

Hicks asked if a truck could take 4th Street and go to the bakery.

 

Panico stated there have been no tractor-trailers on the alley because he has an overhang that is 10ft on the alley.  He continued that the trucks pull down by the bakery and then back out on to Beechurst with the assistance of employees that stop traffic on Beechurst.  The trucks could not make that left hand turn.

 

Fletcher read the staff recommendation and that the site plan be approved with the following conditions:

1.      The applicant be granted a full or partial annulment of the alley connecting 4th Street and 4 ½ Street by City Council.

2.      Minor subdivisions approval be granted by the Planning Commission.

3.      All required variance approvals be granted by the BZA.

4.      Sidewalks are reconstructed/constructed to the satisfaction of the City Engineer.

5.      Dumpster enclosures are constructed of masonry materials to reduce potential fire vulnerabilities.

6.      The Planning Director review and approve signage plans prior to the issuance of any Certificate of Occupancy.

7.      The Planning Director review and approve cladding materials prior to building permit issuance.  Variance approval must be obtained should the purposed cladding materials not meet the design standards for the Sunnyside Overlay Districts.

8.      The Planning Director review and approve exterior lighting plans for the surface parking areas prior to the issuance of any Certificate of Occupancy.  Variance approval must be obtained should the proposed lighting facilities exceed performance standards.

9.      Stacked parking must be designated and marked for the same apartment.

 

DeMasters pointed out that the recommendation to approve would not suggest they are encouragingapprove the annulment of the alley because this decision rests with City Council.

 

Motion to approve the site plan with the above conditions and with the additional condition that Mr. Panico’s engineerStaff meet with Mr. Chico on site and address the issue with the City Engineerto discuss his concerns, made my Selin, second by Martis.  Motion carried unanimously. 

             

C.    MNS07-02 / Panico / Beechurst Avenue:  Request by Joe Panico for minor  subdivisionminor subdivision approval for property located on Beechurst Avenue.  Tax Map #19 Parcels #36-38 and 128; a B-2, Service Business District, R-3, Multi-family Residential District and Beechurst and South Sunnyside Overlay Districts.

 

Fletcher read the staff report stating that the petitioner seeks to combine four existing parcels and a portion of an unnamed open alley running parallel to Beechurst Avenue between Fourth Street and Fourth-Half Street.  The pPetitioner must obtain approval for annulment of said alley from City Council.  The proposed parcel, including a portion of said alley, is approximately 32,000 sq. ft. which exceeds R-3 and B-2 District minimum lot areas as well as exceeds lot frontage standards.

 

Shamberger asked if the alley annulment was an issue.

 

Fletcher stated that the annulment would be the same as earlier discussed and need to follow approval procedure with City Council.

 

Don Oakes, Executer Executive Director of Sunnyside-up, asked that they approve the request.

 

Fletcher read the staff recommendation and that the minor subdivision petition should  beshould be approved with the following conditions:

1.The petitioner obtains annulment approval by City Council for all or a portion of the subject alley.

1.       

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

2.       

3.2.That said final plat accurately illustrates the alley annulment as approved by City Council; and,

3.       

4.      The final plat is filed at the Monongalia County Courthouse within thirty (30) days of meeting all conditions set forth above.

 

Selin asked what was currently adjacent to the property.

 

It was stated that there is a bakery on one side and a tattoo palorparlor on the other side.

 

Hicks has asked for public comment.  There being none, the public portion was closed.

 

Motion to approve with the above conditions by Loretta, second by Martis.  Motion carried unanimously.

 

D. MNS07-01 / Williams / 448 Inglewood Blvd: Request by Michael Williams for minor subdivision of realty located at 448 Inglewood Boulevard.  Tax Map #11 Parcels #101, 102, and 103; R-3 Multi-family Residential District.

 

Fletcher read the staff report stating that the petitioner seeks to subdivide property located on Inglewood Boulevard into two parcels.  The parcel fronting Inglewood Blvd would be approximately 9,950 sq ft ant the parcel fronting St. Mary Street would be approximately 12,625 sq ft.  Both proposed parcels exceed R-3 minimum lot area and frontage standards.

 

Mr. Williams stated that he would like to build a multi-family structure on each parcel. 

 

Fletcher read the staff report stating that the staff recommends the minor subdivision petition be approved with the following conditions:

1.      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.      The final plat is filed at the Monongalia County Courthouse within thirty (30) days of meeting all conditions set forth above.

 

Hicks has asked for public comment.  There being none, the public portion was closed.

 

Motion to approve by Miller, second by Martis.  Motion carried unanimously.

                       

OTHER BUSINESS

 

Public Comments:  None.

 

Staff Comments:

 

Fletcher stated Mr. Fisher was here to have make a presentation concerningof WVU’s long range master of facility plan.  They The Planning Department had sent out three emails over the last two weeks with no return contact. The presentation was video taped and willis being aired as much as possibleon Channel 15. They will work to get the presentation to the Planning Commission as soon as possible.  They have met the deadline for comments and are compiling them for submission to the two authorities in February. 

 

Fletcher stated training will be scheduled for theduring this calendar year for the Planning Commission and Board of Zoning Appeals.  Staff will send a survey to gage scheduling availability and specific topics of interest, they will send out requests for input on scheduling and training leaders.

 

Martis asked to have the requirements regarding missed meetings emailed to him so it could be discussed at the next meeting.

 

Shamberger asked about the follow up to the status of the Genesse project building on Beechurst.

 

Fletcher stated that the City Engineer has identified some problems, which have been forwarded to the developer and are .  The project is currently on hold for auntil a resolution can be identified.. 

 

Selin asked if Fletcher was at liberty to explain the problems.

 

Fletcher stated not at this time.

 

Selin asked about the KCane- Core project on Chestnut.

 

Fletcher stated the planning and zoning approvals are good for twelve months.

 

Loretta asked about a follow up on the parkingproposed B-4 Neighborhood Preservation Overlay District.

 

Fletcher stated there will be a workshop on the January 29th to discuss the issue with approximately 40 invited stakeholdershaving an Overlay district on the south side of Deckers Creek to concerning reduce the building height of the building and requiringe parking proposal.  

 

Fletcher explained an outline of the training and upcoming requirements for the Comprehensive Plan.

 

Motion to adjourn by Selin, second by DeMasters.  Motion carried unanimously.

 

ADJOURNMENT:  7:40 P.M.