MORGANTOWN PLANNING COMMISSION
Minutes
January 10, 2008
6:30 PM Council Chambers
MEMBERS PRESENT: Sam Loretta, Tim Stranko, Kathryn Greever, Marti Shamberger, Peter DeMasters, Theresa Rich, Ken Martis, Jennifer Selin
MEMBERS ABSENT: None
STAFF: Christopher Fletcher, AICP
II. MATTERS OF BUSINESS
A. Election of Leadership
i. President – Stranko moved that Marti Shamberger be appointed President of the Planning Commission for calendar year 2008; second by Martis. Stranko then moved that nominations for President be closed; second by DeMasters. The motion to appoint Shamberger President for calendar year 2008 passed unanimously.
ii. Vice-President – Stranko moved that Peter DeMasters be appointed Vice-President of the Planning Commission for calendar year 2008; second by Martis. Stranko moved that the nominations for Vice President be closed; second by Martis. The motion to appoint DeMasters Vice-President for calendar year 2008 carried unanimously.
B. Approval of December 13, 2007 Minutes
Selin moved to approve the minutes of the December 13, 2007 meeting; second by Stranko. The motion passed 6-0 with Shamberger abstaining due to her absence at the December 13, 2007 meeting.
III. OLD BUSINESS
A. MJS07-02 / Bossio / 520 Burroughs Street: Request by Bernard Bossio for major subdivision preliminary plat approval for property located at 520 Burroughs Street. Tax Map #55 Parcel #37; an R-1, Single-Family Residential District. (Tabled at the November 13, 2007 meeting at request of petitioner)
Fletcher noted that a revised Staff Report was submitted that only included minor modifications concerning sidewalks to reflect the Planning & Zoning Code provision allowing the City Engineer to waive required sidewalks under certain circumstances. Fletcher then read the Staff Report stating that the petitioner seeks to subdivide approximately 2.75 acres of realty along Burroughs Street into seven (7) parcels. The major subdivision details include:
· The site currently contains the old Trinity United Methodist Church facilities.
· Six parcels are proposed for the development of single-family units.
· The remnant parcel is reserved due to its topographical isolation from the remaining tract and its future development and/or use is unknown at this time.
· A new road is proposed to serve as sole access to the six parcels fronting same. The developer intends for said street to remain private in that it will not be publicly owned and/or maintained and used for access by the occupants of the development, their guests, and the general public.
· Proposed lot areas range from 10,030 ft² to 16,471 ft², which exceed the minimum lot size standard of 7,200 ft² in the R-1 District.
· Building envelopes for the six (6) parcels fronting the proposed street that comply with the following R-1 setback requirements are illustrated on the preliminary plat:
- 25’ minimum front setback (along proposed 35’ right-of-way)
- 10’ minimum side setback
- 15’ minimum side setback on the corner lot at Munsey Street and the proposed 35’ right-of-way
- 25’ minimum rear setback (along Burroughs Street)
Bernie Bossio was present to speak on behalf of the application. He stated his residence at 540 Burroughs Street is on the same side of the street as the proposed development. He wants to continue to solidify that side of Burroughs as residential development. The proposed single-family development will be patterned after Vintner Square with fencing and entries that include stone pillars. The development will have a 30-foot wide street. Other streets in that area are now only 20 feet. Although only six homes will be constructed, there will be plenty of parking to accommodate guests so that they do not have to park on neighboring streets. Fencing and a five-foot landscape buffer will be provided along the proposed street to screen the development from neighboring homes.
Martis stated the other development on Burroughs Street is beautiful and improves the City.
Shamberger asked what streets are used to access property on the south side of the development. Bossio replied that the three parcels developed behind have a 12-foot right of way and a shared driveway. Further south is Muncie and Milford Streets.
Stranko asked whether or not the sidewalks would be narrowed making walking on that street difficult. Bossio advised it would be the exact same thing as Vintner’s Square.
Selin added it would be helpful if a sidewalk is there. Bossio stated the Staff Report shows a minimum of four feet is the recommended condition along Muncie Street to ensure a connection with the narrow sidewalk along Burroughs Street.
Shamberger asked for Public Comment, either in favor or in opposition. There being none, Shamberger declared that the public comment portion was closed.
Fletcher stated that Staff recommended conditional approval of the preliminary plat with the following conditions:
1. That the final plat submission include the following provisions:
a. An internal sidewalk with a minimum width of four (4) feet along the proposed street beginning at Munsey Street to a point not less than the driveway entrance of the last parcel fronting the proposed cul-de-sac unless waived by the City Engineer in accordance with Article 1333.07 (G).
b. A sidewalk with a minimum width of four (4) feet along Munsey Street beginning at the proposed street to the existing sidewalk along Burroughs Street.
2. That engineering details and associated bonding or similar acceptable security, where necessary, be approved for the proposed street, sidewalks, and water, sanitary sewer, and stormwater management systems by the City Engineer, Fire Department, and/or Morgantown Utility Board prior to submission of the final plat for Planning Commission approval.
3. That, to the satisfaction of the City Engineer, a joint maintenance agreement and/or covenant be included with the final plat submission which will be recorded with the deeds for each of the six (6) parcels fronting the proposed street and defines the perpetual maintenance responsibilities of the property owners for the street, the 35-foot right-of-way, and the sidewalks.
4. For the purpose of advancing sound access management along Burroughs and Munsey Streets, that, to the satisfaction of the Planning Director, a covenant and/or deed restriction be included with the final plat submission which will be recorded with the deeds for each of the six (6) parcels fronting the proposed street and stipulates that vehicular access to each parcel be restricted to the proposed street.
5. That the conditional approval of this preliminary plat shall not constitute approval of the final plat. Rather it shall be deemed as an expression of approval of the layout submitted on the preliminary plat as a guide to the preparation of the final plat, which must be submitted for approval by the Planning Commission and for recording upon fulfillment of the requirements of Chapter Three “Subdivision Regulations” of the City’s Planning & Zoning Code and the conditions set forth above.
6. That said conditional approval shall be effective for a maximum period of twelve months unless, upon application of the developer, the Planning Commission grants an extension. If the final plat has not been recorded with this time limit, the preliminary plat must again be submitted to the Planning Commission for approval.
Stranko moved to grant preliminary approval subject to Staff’s recommended conditions; second by DeMasters. The motion passed unanimously.
IV. NEW BUSINESS
A. S08-01.III / Panico / Beechurst Avenue: Request by Joe Panico for site plan approval for a Development of Significant Impact at property located on Beechurst Avenue. Tax Map # 19 Parcels #57, 58, 59; B-2, a Service-Business District and Beechurst Overlay District. (REQUEST HAS BEEN MOVED TO THE FEBRUARY 2008 AGENDA)
Fletcher noted that this petition was moved to the February agenda so that the petitioner could revise his proposed site plan; no action was necessary by the Commission.
B. S08-02.III / Metro Properties / North Willey Street: Request by Metro Properties (City Gardens- Building #3 – Southwest) for site plan approval for a Development of Significant Impact at property located on North Willey Street. Tax Map # 21 Parcels # 73.01-73.02; B-2, a Service-Business District.
Fletcher read the Staff Report stating that the petitioner seeks site plan approval for the third phase of the City Gardens development on North Willey Street. The proposed multi-family development is situated in the B-2 District. Fletcher provided the following points to highlight the proposed development program:
· The development will include one structure.
· The structure will be two stories and contain 16 one-bedroom units.
· At the City’s request, access to the third phase will be shared with the previously approved ingress/egress/regress point onto North Willey Street. As North Willey Street is a State Route, said access will require permitting from the West Virginia Division of Highways.
· Addendum B of this report contains a Planning & Zoning Code review with the related B-2 requirements and performance standards.
· As illustrated on the site plan approved for Buildings 1 and 2, the petitioner has agreed to develop a transit shelter to encourage residents to utilize public transit. The petitioner is working with the Mountain Line Transit concerning final location and design specifications.
Fletcher stated that the following approvals must be obtained for the proposed project prior to building permit application:
· Site Plan Review for a Development of Significant Impact
· Fletcher noted that although the Staff Report included a Minor Subdivision approval to combine existing parcels, the approval was no longer necessary as the petitioner’s attorney submitted an opinion stating that the subject parcel had never been split (letter from Robert Shuman, Esq. provided to Commissioners). Fletcher also noted that the City Attorney had reviewed the opinion and concurs that a minor subdivision was not necessary.
· Variances:
- V08-09......... Variance relief from Article 1347.04 (A) (2) of the Planning & Zoning Code as it relates to maximum front setback.
- V08-10......... Variance relief 1347.04 (A) (4) of the Planning & Zoning Code as it relates to minimum rear setback.
- V08-11......... Variance relief from Article 1367.08 (E) (3) of the Planning & Zoning Code as it relates to the relief from providing internal landscape islands every 15 spaces.
- V08-12......... Variance relief from Article 1365.04 (G) of the Planning & Zoning Code as it relates to relief from the maximum parking standard.
Scott Krabill was present on behalf of the petitioner to address the Commission. The additional building is actually the 3rd phase of a project that was approved by the Planning Commission in July 2007.
Martis asked whether any more phases were planned. Krabill stated none that he was aware of. Krabill noted that this phase would have been included in the property at the onset, but the property did not become available until the site preparation work was started. It would have been more cost efficient for the developer to address the entire development at one time. Krabill noted that the entire development will contain 72 multi-family units with a total of 96 bedrooms.
Shamberger questioned the ingress and egress and the concerns for Hampton Avenue. Krabill stated the developer met with Mike Davis of the WVDOH. Initially the entrance was to be at the “pad” location where the gas company parks their vehicles. After discussions with the WVDOH, the entrance was moved away from the Mileground and is currently planned to minimize potential impact with Charles and Hampton while maximizing the site distance in both directions. Krabill continued by saying that Mr. David Biafora spoke with both City and State officials and it was decided to maintain only one entrance onto North Willey Street. Doing so adds to the cost of the development by requiring an additional retaining wall.
Martis questioned if the entrance is next to a residence. Krabill stated that the entrance was moved 50 feet from the existing house toward the Mileground. The developer also worked with the Transit Authority to facilitate increased ridership in that area by including a transit shelter. Krabill stated that the developer did everything to pay attention to traffic concerns. He also stated that an access permit from WVDOH is forthcoming but had not been issued to date because the application submission required a few minor revisions.
Selin asked for more information concerning a Lighting Plan. Krabill stated the preliminary lighting plan had been submitted and that Staff is recommending a condition that the Final Lighting Plan be submitted and approved before permits are issued. Fletcher commented that the preliminary plan illustrates lighting poles within the planting strip separating the parking stalls between Building #1 (closes to Mileground) and Building #2 (middle building). Fletcher noted that Staff will review the lighting plan and how the entrance to North Willey Street is illuminated.
Stranko asked whether a traffic impact study was required by WVDOH. Fletcher stated the City maintains that if a development is required to obtain access permitting from WVDOH, than the State’s review process is used to determine whether impact analyses are necessary and whether any improvements are necessary to area roads. Fletcher noted that he and the City Engineer spoke with Mike Davis, WVDOH, regarding the traffic problems in that area and what criteria is used by the State to require studies. The State threshold for a traffic study is for development or uses that generate 100 trips or more during AM and PM peak times. WVDOH calculated that based on 88 units, which is more than currently proposed for the development, 62 AM peak trips and 75 PM peak trips would be generated. Because this is less than the State’s threshold for requiring a study, WVDOH did not require one for this development. Fletcher advised the Commission that the Planning & Zoning Code does provide that the Commission can require the developer to perform a traffic impact study. The Commission could table the petition and require the developer to prepare a study. However, the question of arbitrary and capricious would arise if the Commission decided to deny the petition based on a study or the speculation of a negative impact by the development when WVDOH would not require a study and issues an access permit.
Stranko then asked if the Planning Commission is going to discourage a traffic study based on less than 100 peak trips. DeMasters responded that a study should be done since it may affect Charles and Hampton, which are both city streets.
Martis stated he drives by that area many times during the day at peak times. If the entrance to the development is below where the left turn is, he doesn’t believe it is a problem.
DeMasters stated that he feels cars coming toward the Mileground will not be able to get out. Krabill stated he believes the best thing that could have been is being done, actually the peak time volumes would be less that stated since the DOT considered 88 units and not the actual 72 units.
Shamberger asked for public comment in favor. There was none. Public comment in opposition:
Susan Eason, 739 Monongalia, stated that she is the President of the Woodburn Homeowners Association. She pointed out that she does not live close to the development but many residents of the Homeowners Association do. She was there to ask for a traffic study, but based on the conversation regarding the study, she believes it won’t make a difference. Adding more cars to this area is a concern. She has personally seen two accidents in that area. She is also concerned the developer is asking for relief from internal landscaping. Martis then asked, since he also sits on the Traffic Commission, would she feel a traffic light would be welcome.
Stranko was also concerned about the issue of green space. Fletcher stated that the landscaping originally approved in July 2007 had been altered. When the first site plan was approved, a landscape strip was included at intervals that included cross hatching from building to building.
Krabill stated the upper parking area had internal islands but were abandoned to concentrate the landscaping in a strip between the rows of parking. He is hoping shade trees can be incorporated at the bottom units but there is less room to do that.
Mark Furfari, 1345 Roosevelt, noted that he is a new resident to that area. The development is 1/8 of a mile from his property. He is presently a member of the BZA. The development is in a B-2 zone. North. South, and East are all single-family homes. He asked that the request be turned down. No traffic study was done, anything over 30 beds should require one be done. In the July 2007 meeting the developer asked for a sliver of property be annexed and was approved. The developer withheld a small piece of that property from annexation. This is where the developer’s billboard is located. There is presently a dispute between the City and the developer. He asked that approval be postponed pending the outcome of the dispute.
There being no further public comments offered, Shamberger declared that the public comment portion was closed.
Fletcher stated that the petitioner met with the Technical Review Committee on June 12, 2007 and has incorporated all suggested modifications. The Planning Department recommends approval with the following conditions:
1. That the applicant’s minor subdivision petition be approved by the Planning Commission.
2. That subdivision recordation documents include easements across parcels to address common access drive, vehicular circulation, solid waste storage/removal, U.S. Postal Service drop location, etc.
3. That all related variance petitions be granted by the Board of Zoning Appeals.
4. That a Landscape Plan be submitted with the building permit application for review and approval by the Planning Director. Variance approval must be obtained should the Landscape Plan not conform to the performance standards set forth in the City’s Planning & Zoning Code.
5. That a Lighting Plan be submitted with the building permit application for review and approval by the Planning Director. Variance approval must be obtained should the Lighting Plan not conform to the performance standards set forth in the City’s Planning & Zoning Code.
6. That a Sign Plan be submitted with the related building permit application for review and approval by the Planning Director. Variance approval must be obtained should the Sign Plan not conform to the performance standards set forth in the City’s Planning & Zoning Code.
7. That the petitioner obtains all appropriate access permitting from the West Virginia Division of Highways.
8. That a six-foot sidewalk be constructed along North Willey Street; said sidewalk must be designed and constructed to the satisfaction of the City Engineer.
9. That the development meets all applicable Fair Housing and Americans with Disabilities Act (ADA) standards to the satisfaction of the City Engineer and Chief Code Official.
10. That final building renderings and exterior cladding materials be submitted with the building permit for review by the Planning Director. Variance approval must be obtained should same not conform to the performance standards set forth in the City’s Planning & Zoning Code.
11. That the façade facing N. Willey Street include decorative shutter features to provide context to an otherwise blank wall.
12. That a final Site Plan be submitted prior to building permit issuance and include all required elements and be organized as set forth in Article 1385.08 of the Planning & Zoning Code.
13. That prior to the issuance of a permanent certificate of occupancy, the petitioner shall develop, with the technical assistance of Mountain Line Transit Authority pertaining to final location, a transit shelter facility as illustrated on the petitioner’s site plan. Said facility shall meet all reasonable design specifications set forth by Mountain Line Transit. Further, said facility shall be developed in a location and manner that optimizes access to and the enjoyment of same but does not create a hazard for pedestrian circulation and/or vehicular traffic, i.e. handicap accessibility, site triangle visibility, etc.
Fletcher also noted that the Planning Department received emails in opposition from Torrie Childs, Charlotte Childs, and Susan Eason as well as a letter in opposition from Paul Atkins (copies of the communications where distributed to Commissioners).
Shamberger stated she was also contacted by six people, including Mark Furfari, with traffic concerns and the problem with the billboard.
Stranko stated while he is sympathetic to the issue of the billboard, it is not what the Planning Commission is presently charged to deal with. Stranko again asked whether or not a traffic study could or should be done. Fletcher stated that based on his discussions with the City Engineer and Mr. Davis, WVDOH, a study would not be required as the calculated traffic generation significant enough to warrant site plan modifications or access improvements. Fletcher noted that the WVDOH could, if found to be necessary, require certain improvements such as turning lanes, stop signs, stop lights, etc. Fletcher also stated that left turn movements exiting the development could be restricted.
Selin asked whether the proposed development is too big for the space. Would there be space for parking and islands and more lighting. Fletcher answered there are a number of variances for this project, six dealing with shifting the buildings back.
Martis stated he is concerned there will be a phase 5 or 6. Also, variance approval must be received for landscaping. Fletcher stated that the related variance petitions are scheduled for hearings before the BZA in January.
Stranko moved that the petition be tabled and requested that the City Engineer submit a recommendation relating to traffic conditions in the area and how it relates to that development; second by DeMasters. The motion passed with Selin, Stranko, DeMasters, Rich, Greever, and Shamberger voting in favor and Martis and Loretta voting in opposition.
C. MNS08-01 / Metro Properties-City Gardens/ North Willey Street: Request by Metro Properties for minor subdivision approval for property located on North Willey Street. Tax Map # 21 Parcels # 73.01-73.02; B-2, a Service-Business District.
Fletcher noted that this agenda item had been withdrawn for reasons stated earlier; no action by the Commission was necessary.
D. TX08-01: An administratively requested text amendment of the Planning and Zoning Code as it relates to dumpster enclosures in the B-4 District.
Fletcher read the Staff Report stating that at its October 11, 2007 hearing concerning several zoning text amendments in the B-4 District, Commissioner Selin requested Staff to develop provisions that would ensure good design for external solid waste containment facilities (dumpsters, etc.). In response, the following suggested revision is submitted for consideration:
(L) Solid waste – All new development shall, to the greatest extent feasible, provide sufficient area within the principle structure for the collection, storage, and removal of solid waste. Where internal areas are not feasible, external solid waste containment facilities shall be enclosed with masonry materials and an opaque gate. Said external facilities shall be designed so that they integrate with and compliment the architectural vocabulary of the principal structure.
Shamberger asked for Public Comment, either in favor or in opposition. There being none, Shamberger declared that the public comment portion was closed.
Fletcher noted that intent of the change is to include the importance of external accessory structures and how it relates to new development structures. Fletcher stated that Staff recommends that the proposed revision be submitted to City Council with an affirmative recommendation to amendment the City’s Planning & Zoning Code accordingly.
Selin moved to approve; second by Demasters. The motion passed unanimously.
E. TX08-02: An administratively requested text amendment of the Planning and Zoning Code, Article 1349.04 as it relates to setbacks in the B-4 District. (REQUEST HAS BEEN MOVED TO THE FEBRUARY 2008 AGENDA)
Fletcher noted that this administrative request was moved to the February agenda and no action was necessary by the Commission.
F. TX08-03: An administratively requested text amendment of the Planning and Zoning Code Table 1331.05.01, Permitted Land Uses as it relates to Dwelling, Multi-family in the B-2 District. (REQUEST HAS BEEN WITHDRAWN)
Fletcher noted that this administrative request has been withdrawn and no action was necessary by the Commission.
V. OTHER BUSINESS
A. Public Comments
Mark Furfari thanked the Commission for tabling the Metro Properties-City Garden issue. He feels the project has lots of problems. He was also concerned with restricting left turns out of the development because it may cause cut-through traffic into the adjacent neighborhood on Roosevelt for cars wanting to go towards the Mileground.
B. Staff Comments
· 2007 Annual Report – Fletcher reminded the Planning Commission that State Code requires Planning Commission’s to submit an annual report to its governing body. Because each Department submits an annual report to City Council, the Planning Department, as in the past, included the Commission’s information in its Departmental Report. The report was included in the Commission’s packet. Stranko thanked Staff for its work and commended the report’s level of detail. Fletcher noted that additional information could be included in next year’s report if the Commission so desired.
· Status of Appointments – Fletcher noted that City Council is expected to fill the current Commission vacancy at its second meeting in January or first meeting in February.
· Status of Comprehensive Plan – Fletcher noted that the Planning Department has contacted the Western Pennsylvania Office of the Pennsylvania Department of Economic and Community Development for technical assistance regarding joint comprehensive planning. Stranko noted that WVU should be included in the process.
Shamberger asked Fletcher for a status report of the Kane Corp. development. Fletcher advised that their grading permit was activated in late November 2008. He understands that the developer is working to secure investors and that the grading permit was active for 180 days from the Code Enforcement’s decision in November.
Stranko asked Fletcher for a status report concerning the billboard on N. Willey Street. Fletcher advised that if the billboard is found to be within the City, than the City will move forward in requiring the illegal sign to be removed. If the sign is found to be outside the City, then no action can be taken.
Fletcher advised that the Monongalia County Commission has approved a zoning ordinance for the Cheat Neck and Cheat Lake Planning Districts and that a 90-day petition period is now a factor.
Selin mentioned it would be a good idea if one County Planning Commissioner member attended City Planning Commission meetings and vice versa. Fletcher stated that he would speak with the County Planning Director to gage interest.
The meeting adjourned at 8:25 PM.