MORGANTOWN PLANNING COMMISSION

 

Minutes

 

 

6:30 PM                                                     June 12, 2008                          City Council Chambers

 

 

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

 

MEMBERS ABSENT: Sam Loretta, Jennifer Selin

 

STAFF: Lisa Mardis, Deputy Director

 

I.  CALL TO ORDER AND ROLL CALL: Shamberger called the meeting to order at 6:30 PM

 

II. MATTERS OF BUSINESS:

 

     A.  Approval of May 8, 2008 minutes:  Stranko moved to accept the minutes as submitted; seconded by Martis.  The motion carried unanimously.

 

    B.  Approval of May 15, 2008 minutes:  Stranko questioned the Deputy Planner regarding the absence of a correspondence he had emailed Staff.  Mardis advised that his printed correspondence has been placed in the related file but not part of the minutes. Stranko moved to accept the minutes as submitted; seconded by Greever.  DeMasters and Martis abstained from the vote since they did not attend the special meeting.  The motion carried unanimously.

 

III. OLD BUSINESS: None

 

IV. NEW BUSINESS:

 

A.  S08-10.11 / Glenmark – USDA Office Building / 1550 Earl Core Road:  Request by Glenmark Holding, LLC for Development of Significant Impact Site Plan Approval on property located at 1550 Earl Core Road.

 

Mardis read the Staff Report stating that the petitioner seeks to develop a 36,100 ft2 office building between the old Chrysler dealership and Construction Supply Co on Earl Core Road.  General development program details include:

           The majority of the building will be occupied as office space for the United States Department of Agriculture (USDA).  The use is considered a “Government Facility” and permitted by-right in the B-2 District.

           Approximately 1,900 ft2 of the building will be occupied by a federal credit union.  The use is considered a “Financial Services Establishment” and permitted by-right in the B-2 District.

           Because the site and building will be privately developed and privately owned, the development is not exempt from the City’s Planning & Zoning Code.

           The United States Government Services Administration (GSA) is required to include several safety and security design elements for sites/buildings occupied by federal agencies.  Some of these design elements required variances, which were approved by the Board of Zoning Appeals on October 24, 2007.  These approvals included:

-     V07-37, which permits the site to include parking that exceeds the number of parking spaces.  Federal minimum parking requirements exceed the City’s maximum parking standard.  There will also be a secured parking area for government vehicles.

-     V07-38, which permits the building to exceed the maximum front setback standard.  Federal design standards require a minimum of 20 feet between the building and any street or driveway as well as separated parking for customers and employees.

-     V07-39, which permits parking between the street and front façade, again to accommodate the federal requirement that customer parking be separated from employee parking.

           The petitioner has indicated that the development will seek certification from the U.S. Green Building Council as a Leadership in Energy and Environmental Design (LEED®) Green Building Rating System™ project.

The petitioner met with the Technical Review Team on Tuesday, June 10, 2008.  All requested/suggested modifications were agreed to by the petitioner.

 

Stranko stated he is a member of the law firm representing the petitioner, and, as such, refused himself from consideration of the application and excused himself from the room during this portion of the meeting.

 

Appearing on behalf of the petitioner was Paul Walker, 2223 Cheat Road.  He advised they are excited about the project and believes it will be a great contribution to the Sabraton area.  The representative discussed the simplicity of the building and the Federal Government requirements of a buffer zone for security purposes and a separation of government employee parking and public parking.  Mr. Walker also stated that the Credit Union, which will be housed in the building, will include a walk in service with no drive thru. He continued that five (5) USDA agencies will be relocated into this 36,000 square foot, two-story structure. The façade was described as all masonry with brick and decorative concrete and glass on the lower area where the credit union will be located, with sun screening and shading devices. The Government also requires an American flag as a permanent display. LEED (Leadership in Energy and Environmental) components will be incorporated.

 

Shamberger questioned if there will be ingress/egress onto Sabraton Avenue.  Walker stated they will be maintaining ingress/egress from Earl Core Road.

 

Martis stated he is pleased that the building will contain LEED components and asked if there were any other LEED buildings in the county.  Walker reported the DOE building will soon be a certified a LEED building and there should be others in the area within the next several years. Allison Stawarz, General Contractor for March Westin, reported there are no LEED buildings in Monongalia County, but there are two in Charleston.

 

Martis questioned whether or not all USDA buildings are starting to be LEED certified. Ms. Stawarz reported that all new construction will be required to be LEED certified.

 

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

 

Mardis stated that staff recommends approval with the following conditions:

 

1.         That the six (6) recommended site plan modifications identified in the Planning Department’s Final Planning & Zoning Code Consistency Report dated June 11, 2008 be included in the petitioner’s final site plan submission.

 

2.         That the Landscape Plan be reviewed and approved by the Planning Director prior to installation and occupancy.  Variance approval must be obtained should the Landscape Plan not conform to the performance standards set forth in the City’s Planning & Zoning Code.

 

3.         That a Sign Plan be submitted with the building and/or electrical permit application(s) for same.  Variance approval must be obtained should the Sign 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 and/or electrical permit application(s) 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 Pedestrian Circulation Plan be submitted with the building permit application for review and approval by the Planning Director.

 

6.         That all related variance petitions granted by the Board of Zoning Appeals on October 24, 2007 be activated prior to the expiration of same.

 

7.         That the development meets all applicable Americans with Disabilities Act (ADA) related Building Code standards to the satisfaction of the City Engineer and Chief Code Official.

 

8.         That rooftop equipment shall be screened or enclosed so that same is not visible from Earl Core Road and that said rooftop equipment, to the satisfaction of the Planning Director, be screened or enclosed in building material matching the structure or is visually compatible with the structure.

 

9.         That fencing to enclose the secured parking area, if used, shall meet Supplemental Regulations controlling same provided in Article 1331.08 (B)(5).

 

10.       That, to the satisfaction of the Planning Director, wheel stops and/or extended curbs be provided for all parking spaces in the front parking area and for all parking spaces facing landscaping to prevent cars from parking from damaging landscape materials.

 

11.       That the petitioner obtains all appropriate access permitting from the West Virginia Division of Highways.

 

12.       That stop signs be installed at ingress/egress points in accordance with the Manual Uniform Traffic Control Device and to the satisfaction of the City Engineer. 

 

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.

 

Martis moved to approve the application with staff’s recommendations; seconded by DeMasters.  The motion carried unanimously. (Stranko then returned to the meeting).

 

 

B.    MNS08-12 / Tarantini / 656 & 648 East Brockway Avenue:  Request by Josephine Tarantini for minor subdivision approval for property located at 656 & 648 East Brockway Avenue. Tax Map #35 Parcel #110; an R-1A, Single-Family Residential District. 

 

Mardis read the staff report and stated that the petitioner seeks to subdivide 20 feet from parcel #110 and combine it with parcel #109; the new parcels exceed the R-1A District minimum lot area standard of 3,500 ft2 and minimum lot frontage standard of 30 feet.  No encroachments will be created by the proposed subdivision. 

 

The petitioner, Josephine Tarantini, was present to speak on behalf of the petition. She stated she concurred with the staff report.

 

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

 

Mardis 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 President’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.

 

Stranko moved for approval with staff’s conditions; seconded by Martis. The motion carried unanimously.

 

C.      MNSO8-13 / Wilson / 1300 Charles Avenue: Request by Eric Wilson for minor subdivision approval for property located at 1300 Charles Avenue. Tax Map #21 Parcel #148, #148.01, #149; an R-1, Single-Family Residential District.

 

Mardis stated that the petitioner requested to be represented by Staff.

 

Mardis read the staff report and affirmed that the petitioner seeks to merge three existing parcels into one new parcel for realty located on 1300 Charles Avenue.  She continued that parcel #148 has non-conforming minimum lot frontage, which will be alleviated by the combination of properties.  It was confirmed that the new parcel exceeds the R-1 District minimum lot area standard of 7,200 ft2 and minimum lot frontage standard of 70 feet.

 

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

 

Mardis 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 President’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.

 

DeMasters moved to approve the petition with conditions set forth by staff; seconded by Martis. The motion carried unanimously.

 

D.      MNS08.14 / Leech / 907 Riverview Drive:  Request by Tim Saab, on behalf of Dana Leech, for minor subdivision approval for property located on Riverview Drive. Tax Map #15 Parcel #41 & #42 previously combined; an R-1, Single-Family Residential District.

 

Mardis stated that the petitioner requested to be represented by Staff.

 

Mardis read the staff report and stated that the petitioner seeks to subdivide 35 feet from the western edge of parcel #40 and 15 feet from the eastern edge of parcel #43 to be combined with the previously merged parcels #41 & 42 for realty located on Riverview Drive, with a total area of approximately 34,500 ft2 or .792 acres.  She continued that the newly created and remnant parcels exceed the R-1 District minimum lot area standard of 7,200 ft2 and minimum lot frontage standard of 70 feet. And that no encroachments will be created by the proposed subdivision.

 

Mardis clarified that the petitioner is purchasing property from owners of either side of the Leech property. It is their intention to add a sliver of property from parcel 40 to parcels 41 and 42.  Presently there are two houses on the Leech property; both structures will be razed and removed.

 

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

 

Mardis stated that staff recommends approval with the following conditions:

 

1.         That, prior to the issuance of a any Certificate of Occupancy for the proposed single-family dwelling, the existing residential structure be razed so that a non-conforming parcel is not created by containing two principal structures;

 

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 President’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.

 

Stranko moved for approval subject to conditions set forth by staff; seconded by Greever. The motion carried unanimously.            

 

V.  OTHER BUSINESS:

 

            A.  Public Comment.

 

Bryan Edwards, 1200 Dorsey Avenue:  Mr. Edwards stated that he represents 5 Star Holdings, LLC, but is aspeaking ppearing on his own behalf. on behalf of himself. Was hoping the motion  He continued that was hopeful that the motion against City Gardens taken at the May 15 special meeting would be rescinded this evening.  Mr. Edwards stated that he has practiced law in this community for thirteen (13) years and believes it is unfortunate that personality conflicts affect the way the law works. He declared the law should be equally held to all citizens, which did not occur in the case of City Gardens, but is hopeful that things will change, and the law will be equal in the future.

 

    B. Staff Comments.

 

    1.  Traffic Commission:  Dr. Martis spoke regarding the Traffic Commission Resolution. Martis stated that the present code states that a Planning Commission member, or its representative, is an ex-officio member of the Traffic Commission; the organization has actually expanded to a Transportation Commission since the City now has a Bicycle Board and Pedestrian Commission that reports to the Traffic Commission. He continued that a Planning Commission member should be made a permanent voting member of the Traffic Commission.  It was stated that information from the Planning Commission and Traffic Commission should be shared.  Mardis then read the resolution. She advised it will go to the Traffic Commission and then to City Council.  Stranko moved that the resolution should be forwarded to the Traffic Commission for their consideration and then to City Council with favorable remarks by the Planning Commission; Seconded by Greever. The motion passed unanimously.

 

   2. Training Workshop: Mardis spoke on a memo that was previously sent to all Planning Commission members to consider dates for a training workshop.  It was decided that the workshop will be held on July 1, 2008 at 6:30 in the Public Safety Building.

 

Stranko moved to adjourn at 7:14 pm; seconded by DeMasters. The motion carried unanimously.