MORGANTOWN PLANNING COMMISSION

 

MINUTES

 

March 10, 2005

6:30 P.M.                                                                                                    City Council Chambers

 

Members Present:   Mary Templeton, Marti Shamberger, Stanley Wearden, Marca Paparozzi, Teresa Miller, Barbara Rasmussen, and Jennifer Selin.

 

Members Absent:   Ray Hicks, Jr. and Ken Martis.

 

Staff Present:   Jim Wood, Planning Director.

 

MATTERS OF BUSINESS:

Motion by M. Shamberger, second by T. Miller, to approve the minutes of February 10, 2005, as written.  Motion carried unanimously.

 

OLD BUSINESS:  NONE.

 

NEW BUSINESS:

1.         CU05-05 / Kuehn / 201 Walnut Street:   Request by John Kuehn for a multi-family structure in the B-4 District at 201 Walnut Street.  Tax Map #26A, Parcel #122; a B-4, Pedestrian Business District.

 

J. Wood read the staff report stating that Mr. Kuehn would like to convert the upper two floors of 201 Walnut Street from offices to six 2-bedroom apartments.  The street level retail space will remain.  The proposed location is in the B-4, Pedestrian District and requires no parking.  Trash service for the apartments will be with roll-out containers and curb service.  There is no dumpster being proposed.

 

J. Wood advised that staff believes this is a sound adaptive reuse of this building, and one that maintains the commercial frontage on High Street while providing residential units in the downtown and recommends approval.  There will be no exterior modifications to the building.

 

John Kuehn, applicant, stated that he is seeing most offices downtown moving out and he has a waiting list for apartments.

 

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

 

Motion to approve the request by M. Paparozzi, second by T. Miller.  Motion carried 6-1.  (M. Templeton abstained).

 

2.         CU05-06 / Cellular One / 5000 Greenbag Road:   Request by David Ginter (Cellular One) to install a cellular telecommunications facility to include equipment, lines, and antennas on an existing structure (the Mountaineer Mall Water Tower) in a B-5, Shopping Business District at 5000 Greenbag Road.  Tax Map #48A, Parcel #3: a B-5, Shopping Business District.

 

J. Wood read the staff report stating that David Ginter, representative from Cellular One, is requesting conditional use approval to install a cellular telecommunications facility to include equipment, lines, and antennas on the existing water tower located at the Mountaineer Mall.  Cellular One would like to erect a stealth flat-panel antennae array on the existing handrail located on the water tower.  The coax cable will be attached to the back of an existing tower leg, with the bands painted to match the color of the tower.  Cabling and additional equipment will be located on a platform at the base of the tower.  Details are on the site plan and photo renderings.

 

J. Wood reported that Cellular One had originally applied for approval from Monongalia County to erect a large (250’) tower on a hillside just outside city limits, off the Greenbag Road, near Chippy’s Transmission and the Baptist Church.  This tower would have been highly visible to several residential neighborhoods inside the city.  County Planner Christopher Fletcher realized that this could be potentially controversial, so he initiated a meeting with City officials and Cellular One to find an alternative.

 

J. Wood explained that Cellular One is seeking to solve a signal strength problem in that part of town.  The results of the meeting were quite productive.  It was determined by Cellular One’s radio frequency engineer that the same coverage results could be achieved by erecting one regular tower on a different hillside much further away from the city, in combination with erecting a stealth antennae array at a location near Mountaineer Mall.  The existing water tower was the logical choice for the array.  Because of the high degree of cooperation between the city, the county, and the applicant, a solution was found that eliminated the need to erect an unattractive tower within close proximity to city neighborhoods.

 

J. Wood reported that staff strongly recommends approval because the water tower stealth antennae array is a key part of this optimal solution that takes the new tower farther away from city neighborhoods.  He noted the letter of support from Christopher Fletcher in the packet.

 

B. Rasmussen questioned if the Section 1.06 review letter from the state had been received.

 

J. Wood replied that he did not know.

 

M. Paparozzi asked if the tower would be higher than the airport.

 

J. Wood replied that he did not know how it compares in relation to the airport.

 

Richard Pennington, Cellular One, stated the Section 106 application has been filed  with the State Historic Preservation Office, and nothing would be done without the state approval.  The tower will be a 160’ structure and they are waiting on FAA approval.  The tower will be situated on the Dellslow side of I-68.

 

J. Wood reiterated his appreciation of Christopher Fletcher’s efforts to bring this to our attention and helping us find a solution.

 

B. Rasmussen advised waiting until the “certificate of no adverse impact” was received from SHPO.

 

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

 

S. Wearden asked what would happen if they built the tower further out.

 

J. Wood replied that the County has a cell tower ordinance.

 

B. Rasmussen reiterated that they would still need state certification.

 

J. Selin asked how the delay would impact what has been arranged.

 

B. Rasmussen replied that they need certification no matter where or when the tower is built.

 

Mr. Pennington had no indication of when the certificate may be issued.

 

J. Wood questioned when the application was filed.

 

Mr. Pennington replied that it was probably at least two weeks ago.

 

Motion to table the request until the state issues the certificate of no adverse impact by B. Rasmussen. second by J. Selin.  Motion carried unanimously.

 

3.         CU05-07 / Camlan Creameries / 143 High Street.:   Request by Camlan Creameries for a sign over twelve square feet in the B-4 District at 143 High Street.  Tax Map #28A, Parcel #46 a B-4, General Business District.

 

J. Wood presented the staff report stating that Carvel Creameries is opening a new franchise at 143 High Street.  The applicant originally requested a 24.5 square foot internally lit sign.  However, the applicant has agreed to change the design from an internally lit sign to a neon design at the request of the Design Review Committee.  The new design consists of outlined double-stroke neon lettering with the silhouette of the ice cream cone to be outlined with corresponding white and gold single stroke neon.

 

J. Wood read that 15.F.3.b – Signs in Pedestrian Shopping Areas, states, “Signs larger than twelve square feet and free-standing signs shall require Conditional Use approval, subject to conditions set by the Board of Zoning Appeals.  The Design Review Committee is requesting that the applicant only be given 15 square feet of signage, instead of the requested 24.5 square feet.  It is difficult to find information on other historic district locations for Carvel Ice Cream stores, so we have no real basis for comparison with their other locations.

 

J. Wood advised that staff believes the new design is appropriate for the historic district.  What remains to be decided is whether to accept the applicant’s requested size of 24.5 square feet, or to approve the same design with a maximum 15 square foot size. 

 

Susan Riddle, applicant, stated the intention is to bring additional business to the entertainment district downtown.  She explained the rendering of the sign and brought up three issues: High Street is one-way, the historic Warner Theater cantilevered marquee, and the way signage is measured – by perimeter instead of surface area.

 

S. Wearden questioned if the rendering was to scale with the Warner Theater sign.

 

Ms. Riddle clarified that it is actually a photo that was colored.

 

J. Wood responded that the larger sign is probably necessary because of the sight obstruction caused by the existing theater marquee.

 

Ms. Riddle and M. Paparozzi agreed with J. Wood.

 

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

 

Motion to approve the request by M. Paparozzi, second by T. Miller.  Motion carried 4-3. 

(S. Wearden, J. Selin, and B. Rasmussen voted NO, stating that they would have voted yes on a smaller version of the sign.)

 

  1. MNS05-03/ Ly / 361 Dille Street:   Request by Kurt Ly for minor subdivision approval at 361 Dille Street.  Tax Map #15, Parcels #77-78; an R-3, Multi-Family Residential District.

 

J. Wood noted that the applicant lives in Colorado and was not able to be present.  This case is to simply combine the parcels.

 

J. Wood read the staff report stating that Mr. Ly would like to combine two parcels into one at 361 Dille Street.  Both parcels contain 3,800 square feet.  The combination of properties would make one parcel with 7,600 square feet.  Mr. Ly is proposing a six-unit apartment building, which has already undergone in-house Technical Review.  According to Table 2, Residential Development Standards, the proposed project requires 6,000 square feet of property.  The minimum lot size will be exceeded by 1,600 square feet.

 

J. Wood stated that staff recommends approval with the following conditions:

  1. Submittal of three sealed paper copies of the survey for the Commission’s Chair signature.
  2. Plat must be filed at the Monongalia County Court House within thirty days of approval.

 

M. Shamberger questioned if it was the big, empty lot area on Dille Street.

 

J. Wood stated that it is an empty parcel right now.

 

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

 

Motion to approve the request by J. Selin, second by B. Rasmussen.  Motion carried unanimously.

 

  1. MNS05-04/ Roberts / 819 Riverview Drive:   Request by Tom Roberts for minor subdivision approval at 819 Riverview Drive.  Tax Map #11, Parcels #230-231; an R-3, Multi-Family Residential District.

 

J. Wood noted that this is the applicant that lives in Colorado who is not able to be present, not Mr. Ly as previously stated. 

 

J. Wood read the staff report stating that Mr. Roberts would like to combine two sub-standard parcels into one at 819 Riverview Drive.  Parcel 231 contains 4,491.37 square feet and Parcel 230 contains 6,490.20 square feet.  The new parcel would contain 10, 981 square feet; exceeding the R-1 minimum lot size requirement of 7,200 square feet by 3,781.57.  Mr. Roberts is proposing the combination because he would like to construct an attached garage, which would encroach onto his adjacent parcel if they were left separated.

 

J. Wood stated that staff recommends approval with the following conditions:

  1. Submittal of three sealed paper copies of the survey for the Commission’s Chair signature.
  2. Plat must be filed at the Monongalia County Court House within thirty days of approval.

 

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

 

Motion to approve the request by T. Miller, second by M. Shamberger.  Motion carried unanimously.

 

  1. TX04-01/ City Initiative:   City Initiative to amend the Planned Unit Development Zoning District.

 

J. Wood read the clarification of the PUD amendment; stating that several months ago, the Planning Commission forwarded an ordinance amendment to City Council that allowed Planned Unit Developments in the Sunnyside area to be one acre in size, instead of the normal two-acre requirement.  The amendment also dealt with open space issues.  The ordinance itself contained both a map of the proposed area affected and language in the text that described the boundaries of the area. 

 

J. Wood advised that when the ordinance got to City Council, they adopted it, but one council member later expressed some concern that the boundary described in the text was written in a somewhat vague manner that could lead someone to conclude that it was not exactly the same as what was shown on the map.  This ordinance amendment is simply about correcting that perceived “mismatch” between the text description and the map.  The language is clarified to a level that would leave no doubt what the affected area is.  There are no substantive changes to the ordinance whatsoever.

 

Motion to approve the amendment by T. Miller, second by M. Paparozzi.  Motion carried unanimously.

 

OTHER BUSINESS:

 

Public Comments   None.

 

Staff Comments   J. Wood received the final draft of the new zoning ordinance from the consultant, and will be soon receiving the draft in “amendatory format.”

 

M. Shamberger and J. Selin had questions about the Square at Falling Run.  J. Wood responded with clarifications and a status update.

 

ADJOURNMENT