MORGANTOWN PLANNING COMMISSION
MINUTES
July 12, 2007
6:30 P.M. City Council Chambers
Members Present: Ray Hicks, Tim Stranko, Sam Loretta, Marti Shamberger, Teresa Miller, and Ken Martis
Members Absent: Peter DeMasters and Jennifer Selin
Staff Present: Christopher Fletcher, Planning Director
CALL TO ORDER:
The Commission welcomed new member, Kathryn Greever and presented Teresa Miller a plaque for her 9 years of service on the Commission.
MATTERS OF BUSINESS:
Approval of the June minutes will be postponed until the August 2007 meeting.
OLD BUSINESS: None
NEW BUSINESS:
MNS07-12 / McCabe / Madigan and Elysian Avenue: Request by Janet McCabe for minor subdivision approval for property at 424 Elysian Avenue and 425 Madigan Avenue; an R-1A, Single-Family Residential District.
Fletcher read the staff report stating that the applicant seeks to subdivide existing three parcels that front Madigan and Elysian Avenues. Currently there is an accessory structure encroaching into parcel 48.1 (Lot A on drawing); the boundary adjustment will remedy the encroachment.
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 encroachments are being proposed for the existing single-family detached structure currently located on lot B.
Parcel A will contain approximately 14,647.35 square feet and front Elysian Avenue. Parcel B will contain approximately 13,236.35 square feet and front Madigan Avenue.
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 Martis with Staff’s recommended conditions; seconded by Stranko. Motion approved unanimously.
MNS07-13 / Kanner / 980 Willey Street: Request by Stan Kanner for minor subdivision approval for property at 980 Willey Street. Tax Map #25 Parcel #76.
Fletcher read the Staff Report stating that the applicant requests subdividing an 8,793 square foot parcel into two, one containing 4,131 sq.ft. with 80.24 ft. of frontage on Willey St, and the second parcel containing 4,662 sq.ft. with an 80 ft. frontage on Union Avenue.
Petitioner Stan Kanner was present to speak to the application. Loretta questioned whether there were any plans to open the unopened alley in the back of the property. Kanner advised there is clear passage both from the road and the parking lot, although it is just a gravel road. The Planner stated that it is platted as an avenue.
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 Martis. Motion approved unanimously.
MNS07-17 / Petrucci / 107 Peninsula Blvd : Request by Ryan Petrucci for minor subdivision approval for property at 107 Peninsula Boulevard. Tax Map #35 Parcels #46-47; an R-1A, Single-Family Residential.
Fletcher read the Staff Report stating that the applicant seeks to relocate the boundary between Parcel 47, shown as “Lot A” on preliminary drawing to resolve a current encroachment from the residential dwelling on Parcel 46, shown as “Lot B.” Fletcher advised there is a line of fully mature trees that the property owners do not want to disturb, so they are requesting to adjust the boundary line to accommodate the tree line.
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 Shamberger. Motion approved unanimously.
MNS07-18 / Bocci, LLC. & Waterfront Place Parking Garage, LLC. / Warren Street : Request by Bocci, LLc & Waterfront Place Parking Garage, LLC for minor subdivision approval for property on Warran Street. Tax Map #28 Parcel 17 & Tax Map #37A Parcel #1; a B-4, General Business District.
Fletcher read the Staff Reporting stating that the petitioners seek to combine two substandard parcels that will be created through a partial annulment of Warran St. with a small portion of Parcel 1 of Tax Map 37A. The subdivision request is contingent upon City Council’s approval of the associated annulment. The new parcel will contain approximately 1,418 sq.ft. and front Warren Street.
Rich Lane of Platinum Properties was present on behalf of the petitioners and stated that he did not believe any change would be recognized by the public as a twenty-foot easement will be maintained by the City for pedestrian access to the rail-trail as well as emergency vehicles. A pedestrian bridge may be constructed that will connect the existing parking garage to the Marina Tower development.
There were no public comments offered.
Fletcher stated that Staff recommends approval with the following conditions:
1. That City Council approve the petitioner’s related right-of-way annulment.
2. 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,
3. That the final plat is filed at the Monongalia County Courthouse within thirty (30) days of meeting the conditions set forth above.
Motion to approve by Stranko with Staff’s recommended conditions; seconded by Shamberger. Motion approved unanimously
MNS07-19 / Bucklew / Nolan Street : Request by Robert Bucklew, Jr. for minor subdivision approval for property located on Nolan Street. Tax Map #30 Parcel #88, 88.1, 88.2, & 91.
Fletcher read the Staff Report stating that the applicant seeks to re-subdivide four existing substandard parcels into three – Parcel A, 4,4744.6 sq.ft with 50’ of road frontage, which contains a one story building and accessory structure; Parcel B, 2,766.76 sq.ft, with 25’ of road frontage; and, Parcel C, 6,028.88 sq.ft. with 50’ of road frontage. The petitioner requested Staff to present the application.
Staff was questioned by the Planning Commission as to whether or not anything could be built on Parcel C. Fletcher advised it may potentially have space to build on, but the slope is an issue and portion of the parcel may be in the floodplain.
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 Loretta with Staff’s recommended conditions; seconded by Stranko. Motion approved unanimously.
MJS07-01 / Summers / Southview Avenue: Request by Raymond Summers for major subdivision approval for property located on Southview Avenue and Van Voorhis Road. Tax Map #54 Parcels #150, 150.1, 151, 152; an R-1, Single-family Residential District.
Fletcher read the Staff Report stating that the applicant seeks to subdivide four parcels, approximately 1.38 acres of realty, into eight parcels for purposes of selling lots for single-family dwellings.
Mr. Ray Summers was present and stated that the property was actually 1 2/3 acres and not 1.38 acres.
Martis asked whether Mr. Summers would be constructing his own road and Summers advised he would be. He also advised the lots would be accessible from the back.
There were no public comments offered. City Councilor Don Spencer asked to speak to this issue and stated the MPO plan calls for the widening of Van Voorhis road to three lanes to the nursing home. Because of the number of accidents and injuries on that corridor, there is a great interest in sidewalks for that area.
Fletcher stated that Staff recommends approval with the following conditions:
1. That the applicant obtain all related departmental approvals and permits concerning the development of roadway, water, sewer, and stormwater infrastructure and associated bonding where necessary.
2. 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;
3. That the final plat is filed at the Monongalia County Courthouse within thirty (30) days of meeting the conditions set forth above; and,
4. That the development include five (5) foot sidewalks along Southview Street and Van Voorhis Road and internal sidewalks as required by the City Engineer.
Fletcher advised that the petitioner and the City Engineer are still working out sidewalk design details. There is a 30’ right-of-way, with 5’ sidewalks and 5’ for a ditch, only 20’ will remain for roadway. That would leave 10’ for lanes. The City Engineer is willing to review this and make a determination. Fletcher stated the details would be worked out for public amenities and will represented in the final plat.
Motion to approve by Martis with Staff’s recommended conditions; seconded by Shamberger. Motion approved unanimously.
TX07-07: Administratively requested text amendment intended to change the minimum rear setback in the B-4 NPOD, B-4 Neighborhood Preservation Overlay District (B-4NPOD), from a 10-foot to a 20-foot minimum rear setback.
Fletcher read the Staff Report stating that this text amendment is in response to Councilor Don Spencer’s request to increase the minimum rear setback within the B-4 Neighborhood Preservation Overlay District from ten feet to twenty feet. Article 1362.03 SETBACKS AND ENCROACHMENTS will now read (4) Minimum Rear setback: 20 Feet.
There were no public comments offered.
Motion to send a favorable recommendation to City Council by Stanko; seconded by Shamberger. Motion approved unanimously.
S07-17.III / Metro Properties (City Gardens) / North Willey Street: Request by Metro Properties (City Gardens) 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 to construct a multi-family development in the B-2 District on North Willey Street and discussed the proposed development program details.
Scott Krabill, representing Metro Properties, was present to speak to the application. Krabill stated that the development will be taking 3 parcels and making it 2, but will be contingent on annexation of a small piece of property into the city limits.
Martis stated after reviewing the plans, he was pleased that the parking would be in the middle of the property. Plans also show nice vegetation what will be used to landscape.
Krabill stated there will be a two-way drive in a loop fashion, 24 feet wide, to accommodate two way traffic. There will be one entrance into the parking lot from Willey Street. Krabill also thanked the Fletcher stating he was instrumental in assisting with the interior landscaping.
Loretta questioned why there was no buffer zone. Krabill stated that there is a small residence on the down slope near the property. In order to satisfy the buffer requirement, the size, and the setback, of the retaining wall would have to be increased. Krabill felt this may be more obtrusive to that property owner than the retaining wall itself.
Stranko asked if Krabill has provided all information the City Attorney needed as it relates to their annexation request. Krabill advised originally some information was incomplete, but after receiving a fax from Steve Fanok, petitioners have provided all meets and bounds and corrections have been made.
There were no public comments offered.
Fletcher stated that Staff recommends approval with the following conditions:
1. That the applicant’s Minor Boundary Adjustment Annexation be approved by City Council.
2. That the applicant’s minor subdivision petition be approved by the Planning Commission.
3. That subdivision recordation documents include easements across both parcels to address common ingress/egress access drive, vehicular circulation, solid waste storage/removal, U.S. Postal Service drop location, etc.
4. That all related variance petitions be granted by the Board of Zoning Appeals.
5. 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.
6. 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.
7. 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.
8. That the petitioner obtains all appropriate access permitting from the West Virginia Division of Highways.
9. 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.
10. That the development meets all applicable Fair Housing and American with Disabilities Act (ADA) standards.
11. That wheel stops be provided for all center row parking stalls.
12. 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.
13. 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.
Motion to approve by Stranko, seconded by Martis. Motion approved unanimously.
MNS07-16 / Metro Properties / 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
Fletcher read the Staff Report stating that the applicant seeks minor subdivision approval for two existing parcels on North Willey for the City Gardens development by relocating the parcel boundary separating the existing parcels.
Scott Krabill was present on behalf of the petitioners and advised that the annexation request has been made and is in the hands of the City Attorney.
Fletcher advised this issue may appear on next month’s City Council agenda.
There were no public comments offered.
Fletcher stated that Staff recommends approval with the following conditions:
1. That City Council approves the applicant’s minor boundary adjustment annexation petition.
2. 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,
3. 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 Shamberger with Staff’s recommended conditions; seconded by Stranko. Motion approved unanimously.
S07-18.III / Metro Properties (Glenlock North) / University Avenue: Request by Metro Properties (Glenlock North) for site plan approval for a Development of Significant Impact at property located at the Intersection of University Avenue and Overhill Street. Tax Map # 20 Parcels # 170, 171, 172; R-3, a Multi-Family Residential District.
Fletcher read the Staff Report stating that the petitioner seeks to construct a multi-family development in the Sunnyside Neighborhood and discussed the proposed development program details.
Scott Krabill was present on behalf of the petitioner and stated their emphasis is on redeveloping the Sunnyside area. There were significant challenges for site design due to the odd shape of the parcel. Excavation costs would be extensive to lower the grade to match, or come close, to the University Avenue elevation. There are some stability concerns with the existing wall and the project will come close to those grades for parking, although not all parking will be interior. The only place handicapped parking could be accommodated is along Quay Street, which will include three handicapped spaces on Quay, two compact and one standard parking place.
Martis expressed concerned that coming into Morgantown down University Avenue, the first thing that will be seen is the parking lot.
Krabill advised only 1/3 of the lot will be visible.
Rick Biafora addressed the Planning Commission and stated their plans are nicer than what the overlay district actually calls for.
Loretta asked if they had considered evergreen trees instead of cherry trees.
Biafora stated that evergreens do shield but sometimes shield too much. In addition, there is a safety factor as it is easy for someone to hide in those types of trees.
Fletcher then advised that the petitioner has only submitted a preliminary landscape plan and that a final landscape plan will be submitted and reviewed.
Krabill noted that he met with Jim Hunt of Sunnyside Up to discuss the project. He also stated that the Dominion Post ran an article stating city officials were in support of this project.
There were no public comments offered. Fletcher stated Lisa Mardis received an email from Don Corwin in support of this development stating LISA – PLEASE CUT-N-PASTE EMAIL HERE.
Don Spencer commented that this property is important to the impact of University Avenue and what visitors to the city will see when they approach this area. He is grateful to the developers for the modifications of their plan. He suggested that the developers meet with the Tree Board to discuss what types of trees may best be suited for that development.
Krabill agreed to meet with the Tree Board.
Staff recommends (CUT AND PASTE Addendum B).
Martis and Stranko both stated they believed this was an excellent project.
Martis asked whether the Bodner development at the bottom of University Avenue was proceeding and could the sidewalks proposed in their development connect with the proposed sidewalks of this development. Biafora responded that the Bodner project and the Glenlock North projects would complete the sidewalk from Overlook Street to Stewart Street.
Fletcher stated that an approval of the site plan should be condition upon:
1. That the minor subdivision petition be approved by the Planning Commission to combine the subject parcels.
2. That related variance petitions be approved by the Board of Zoning Appeals.
3. 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.
4. 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.
5. That a Sign Plan be submitted with the 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.
6. That an eight-foot sidewalk be constructed along University Avenue to Overhill Street OR, if approved by the City Engineer, be constructed to match the width of the existing but incomplete sidewalk along a portion of the site (Go Mountaineer Wall); said sidewalk must be designed and constructed to the satisfaction of the City Engineer.
7. That a six-foot sidewalk be constructed along Overhill Street from University Avenue to Quay Street; said sidewalk must be designed and constructed to the satisfaction of the City Engineer. The four-foot sidewalk illustrated on the Site Plan will require Variance Approval.
8. That a six-foot sidewalk be constructed along Quay Street from Overhill Street to southern parcel boundary; said sidewalk must be designed and constructed to the satisfaction of the City Engineer. The four-foot sidewalk illustrated on the Site Plan will require Variance Approval.
9. That the driveway entrance on Overhill Street to parking area be no less than thirty (30) feet from intersection with University Avenue; said driveway entrance must be designed and constructed to the satisfaction of the City Engineer.
10. That the radius of the intersection of Overhill Street and Quay Street be improved within the existing right-of-way to permit fire truck maneuvering and be designed and constructed to the satisfaction of the Fire Chief and the City Engineer; said improvement must include, if necessary, the relocation of any and all above and below ground utilities.
11. That the development meets all applicable Fair Housing and American with Disabilities Act (ADA) standards.
12. That parking spaces along Quay Street not be located within or permit vehicles to overhang the right-of-way including the required sidewalk. Wheel stops must be provided for all ninety (90) degree parking stalls within the development, excluding internal and stacked parking stalls.
13. That stacked parking stalls be restricted to the same dwelling unit to mitigate potential conflict among development residents. Said stacked parking stalls must be designated and marked to the satisfaction of the City Engineer.
14. That the architectural design and features illustrated on the submitted rendering of the University Avenue facing façade, which address Article 1361.03 (O) (3), be developed. Any minor changes must be approved by the Planning Director prior to building permit issuance for same. Significant changes, as determined by the Planning Director, which do not conform to the design and performance standards of Article 1361.03 (O) (3) must be reviewed by the Planning Commission and the Board of Zoning Appeals if a variance is necessary.
15. That final exterior cladding materials be submitted with the building permit for review by the Planning Director and that no cement block or split-face cement block may be exposed above grade unless covered with brick, imitation dry-stack stone, or similar material.
16. That final site plan submission 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.
Motion to approve by Stranko with Staff’s recommended conditions; seconded by Shamberger. Motion approved unanimously.
MNS07-20 / Metro Properties (Glenlock North) / University Avenue: Request by Metro Properties (Glenlock North) for minor subdivision approval for property located at the Intersection of University Avenue and Overhill Street. Tax Map # 20 Parcels # 170, 171, 172; R-3, a Multi-Family Residential District.
Fletcher read the Staff Report stating that the petitioner seeks to combine the subject parcels for the purpose of constructing the multi-family development discussed under the previous agenda item. The combined parcel will be approximately 25,340.19 sq. ft. in area.
There were no public comments offered.
Fletcher stated that Staff recommends approval with the following conditions:
3. 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,
4. 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 Shamberger with Staff’s recommended conditions; seconded by Stranko. Motion approved unanimously.
PUBLIC COMMENT: None
STAFF COMMENTS:
1. Fletcher briefly discussed the proposed B-4 General Business District text amendments that were handed out for the Commission’s review and requested a workshop be scheduled by to discuss further with the public. Fletcher noted that the draft will also be forwarded to the City Council for its upcoming Committee of the Whole meeting.
2. Fletcher requested that the Commission review and revise its bylaws so they remain consistent with changes in State and City Codes. Staff will prepare recommended revisions for the August Commission meeting.
ADJOURNMENT: 8:20 PM