MORGANTOWN PLANNING COMMISSION

MORGANTOWN PLANNING COMMISSION

Minutes

6:30 PM September 11, 2008 Council Chambers

MEMBERS PRESENT: Marti Shamberger, Peter DeMasters, Sam Loretta, Tim Stranko, Ken Martis, Jennifer Selin, Barbara Ferrell

MEMBERS ABSENT: Kathryn Greever, Seventh Ward Vacancy

STAFF: Christopher Fletcher, AICP

I. CALL TO ORDER AND ROLL CALL: DeMasters, after being requested by Shamberger to chair the meeting due a dental procedure she underwent earlier in the day, called the meeting to order at 6:30 PM

II. MATTERS OF BUSINESS:

A. Approval of August 14, 2008 minutes. Selin moved to approve the August 14, 2008 minutes as prepared; seconded by Martis. The motion passed unanimously with Stranko abstaining due to his absence at the August meeting.

III. OLD BUSINESS:

A. RZO8-03 / Bodner / Stewart & University Avenue: Fletcher stated the applicant requested the item to remain tabled as they are presently in the process of reviewing alternative engineering proposals that may change some of the densities.

IV. NEW BUSINESS:

A. S08-15.11 / Petitto Mine Equipment Inc./ E. Brockway Avenue; Request by Petitto Mine Equipment Inc. for development of significant impact site plan approval for property located along East Brockway Avenue. Tax Map #30 Parcel #94 and Tax Map #35 Parcel #90, 91, 93, 94, 103.1

Fletcher read the Staff Report stating that the petitioner, Petitto Mine Equipment, Inc., is a family owned and operated company that has been located on the present site since 1969. They specialize in the manufacture and repair of heavy duty, crawler track mounted longwall mining equipment used throughout the world. As a result of their continued growth and business success, the petitioner seeks to construct a 14,000 s.f. warehouse structure and a 6,600 s.f. wash and paint bay structure on their large tract of industrial realty.

Addendum A of this report illustrates the location of the subject site. Addendum B of this report contains the Planning Department’s Final Planning & Zoning Code Consistency Report.

The petitioner met with the Technical Review Team on Tuesday, August 19, 2008. No site plan modifications were required. The petitioner also agreed to seek minor subdivision approval to combine the seven (7) existing parcels that comprise the entire ±13.3 acre site.

Jason Robbins, Petitto Mine Equipment, stated that the company’s facilities produce long wall mining equipment for the United States, United Kingdom, Australia and Russia and are looking to expand to other markets. They are presently running fabrication, assembly, and sheeting. The 14,000 square foot facility is needed to facilitate supplies and to include painting and washing their equipment. Triad Engineering has prepared their site plan.

DeMasters asked if there would be more neighborhood traffic anticipated. Robbins answered there would not be.

Stranko questioned where the nearest residence is located.

Bill Ernstes of Triad Engineering responded stating the Petitto property borders the property toward Buck’s Place where it turns into Brockway Avenue. The wash bays are several hundred feet from any residence. The structure will include a state of the art painting facility. There will be no danger of any fumes. The stormwater from the bays will be treated on site and discharged through sanitary sewers. Ernstes explained the stormwater on site will be routed through the water quality inlets and discharged into the storm system, then discharged into Decker’s Creek where it is treated by MUB.

Selin questioned how the water is captured along Decker’s Creek. Ernstes stated it is captured into inlets before it is a sheet flow into the creek and will be treated through water quality inserts.

Selin asked if noise or sounds would be a concern. Robbins explained that the existing systems would be maintained and that a lighting plan will be submitted as required by the City.

Fletcher, referring to aerial photography provided by the applicant, stated there are mobile homes on the applicant’s property but they are planned for removal.

DeMasters opened up the public comment portion of the meeting, asking for public comment either in favor or against the petition. There being none, he closed the public comment portion of the meeting and asked for staff’s recommendations.

Fletcher stated that Staff recommends approval with the following conditions:

1. That the applicant’s related minor subdivision petition (MNS08-20) be approved by the Planning Commission prior to the occupancy of the proposed structures.

2. That a Lighting Plan be submitted with related 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.

Stranko moved for approval subject to the conditions recommended by Staff; seconded by Selin. The motion passed unanimously.

B. MNS08-20 / Petitto Mine Equipment, Inc / E. Brockway Avenue: Request by Petitto Mine Equipment Inc. for minor subdivision approval for property located along East Brockway Avenue. Tax Map #30 Parcel #94 and Tax Map #35 Parcel #90, 91, 93, 94, 103.1

Fletcher read the Staff Report stating that the as a part of a Development of Significant Impact Site Plan (S08-15.III), the petitioner seeks to combine seven (7) existing parcels consisting of approximately 13.3712 acres (582,449.47 s.f.) into one parcel for their property on E. Brockway Avenue. The subdivision meets all minimum lot provisions for the Industrial District. Addendum A of this report illustrates the location of the subject realty.

DeMasters opened up the public comment portion of the meeting, asking for comments either in favor or against the request. There being none, he closed the public comment portion of the hearing and asked for staff’s recommendations.

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 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.

Shamberger moved to approve with the conditions recommended by Staff; seconded by Stranko. The motion passed unanimously.

C. S08-16.III / Morgantown DOE, LLC / WVU Research Park: Request by Petroplus Lane, LLC – Dept. of Energy – WVU Research Park for development of significant impact site plan approval for property located off State Route 705 and Poultry Farm Road. Tax Map #59 Parcel #1; a B-5, Shopping Center District.

Fletcher read the Staff Report stating stated that the petitioner seeks to develop a 58,990 s.f. one-story building in the West Virginia University Research Park. General development program details include:

· The entire building will be occupied by the United States Department of Energy (USDOE) as office space and record archival storage. The use is considered a “Government Facility”, which is permitted by-right in the B-5 District.

· Although the property is owned by West Virginia University and the occupant will be a federal agency, the building will be developed and owned privately. As such, the development must comply with the City’s Planning & Zoning, Building, and Fire Codes.

· The area dedicated to office space will be approximately 38% or 22,475 s.f.

· The area dedicated to record archival storage will be approximately 62% or 36,515 s.f.

· The petitioner has stated that approximately 90 employees will be on the site at peak times.

· The development will include 106 on-site parking and two loading bays. Please note the minimum parking determination description provided in the Final Planning & Zoning Code Consistency Report attached hereto as Addendum B.

· The petitioner has indicated that the development will seek a Silver 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, August 26, 2008. All requested/suggested modifications were included in the final site plan submission. Addendum A of this report illustrates the location of the subject site. Addendum B of this report contains the Planning Department’s Final Planning & Zoning Code Consistency Report.

Fletcher referenced addendum A showing that there are two zoning districts where the property is located and all property belongs to the University. He also referenced an illustration from the master plan to identify exactly where the building would be.

Fletcher stated that an explanation of the minimum parking calculation was necessary. The proposed use is considered a “Government Facility”, which is defined in Article 1329.02 as “a building or structure owned, operated or occupied by a governmental agency or entity to provide a governmental service to the public…” This use, as defined, does not appear to adequately represent the functional activity of the proposed development. For instance,

· The development provides for the maintenance and preservation of secured record archival storage covering over 60% of the development’s gross floor area (GFA).

· There are no governmental services that will be delivered to the general public from this development. Further, access to the development will be restricted to employees and limited guests leaving very little need for overdeveloped parking to accommodate customers/visitors.

· The applicant has stated that there will be approximately 90 employees on site during peak hours.

Using the minimum parking calculation for “Government Facility” uses, at least 138 parking spaces would be required. This number of spaces appears excessive for the reasons stated above. Further, requiring excessive parking could unnecessarily complicate the developer’s ability to maximize related scoring under the LEED Silver Certification tier for which the development is being designed. Article 1365.04 (J) provides that “for uses not specified in this section, or in such instance when the requirement for an adequate number of spaces is unclear or not specified in another part of this section for Conditions Uses, Shopping Center Plan, etc, the number of parking spaces shall be determined by the Planning Director on the basis of similar requirements, the number of persons served or employed, and the capability of adequately serving the visiting public. Such determination may be appealed to the Board of Zoning Appeals.”

Given the discretion noted above, the following illustrates how the alternative minimum parking of 106 spaces was calculated.

· Warehouse – 0.7 per ksf GFA as provided in Planning and Urban Design Standards (2006); American Planning Association, pg. 246.

(58,990 sf / 1,000) X 0.7 = 41 spaces

· “Governmental Facility” (same as “Administrative Office”) – 3 per ksf ≤ 20k NFA + 2 per ksf > 20k NFA

(20,000 sf / 1,000) X 3 = 60 spaces

(2,475 sf / 1,000)_ X 2 = 5 spaces

· TOTAL MINIMUM REQUIRED PARKING – 41 + 60 + 5 = 106

Shamberger asked what would happen if the building use changed. Fletcher stated that the minimum parking requirement would have to be recalculated as required by the Planning & Zoning Code. Fletcher also noted that the site plan demonstrates ample area for additional parking if necessary.

Fletcher also stated that this would be the first project developed within the WVU Research Park. All utilities will be buried. The road is presently not paved to the development site but will be as a part of this development.

Rich Lane of Petroplus-Lane & Associates stated that the WVU Research Park will complete the road and it will be developed 100 feet beyond the USDOE site.

Selin asked if the back of the lot was developable. Lane stated that of the 10 acre parcel, the building will occupy 6 acres leaving room for expansion.

Fletcher reported there will be a six-foot sidewalk across the front of the property, but pedestrian paths have been discussed as part of the master plan. As work with the WVU Research Park proceeds and pedestrian walkways are identified, this approach should be considered rather than curbside sidewalks. Walking paths should bring value to the entire Research Park as an amenity for pedestrian traffic between development sites as well as recreational walking.

Lane also stated that the developer must also comply with architectural and design standards prescribed by the WVU Research Park, which are more stringent than the City’s performance standards.

DeMasters opened up the public comment portion of the meeting asking for comments either in favor or against the petition. There being none, he closed the public comment portion of the hearing and asked for Staff’s recommendation.

Fletcher stated that Staff recommends approval with the following conditions:

1. That a Sign Plan be submitted with related building and/or electrical permit application(s) 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. The Planning Department should coordinate the review and approval of said Sign Plan with the WVU Research Park’s Covenants Committee of the Association.

3. That should final architectural and engineering plans submitted with the building permit application no demonstrate conformance with the B-5 minimum height standard of 25 feet, than variance approval must be obtained prior to building permit issuance for the building.

4. That, due to the terrain of the WVU Research Park, rooftop equipment shall be screened or enclosed so that same is not visible from the ground; from other buildings, whether existing or planned; or, from vantage points within the Research Park. Screening and/or enclosure techniques of rooftop equipment shall, to the satisfaction of the Planning Director, utilize building materials that match the structure or is visually compatible with the structure.

5. 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.

6. That, to the satisfaction of the Planning Director, wheel stops and/or extended curbs be provided for all parking spaces to ensure open pedestrian circulation and mitigate damage to other vehicles and landscaping.

7. That, if applicable, the petitioner obtains all appropriate access permitting from the West Virginia Division of Highways.

8. That all necessary street signage and pavement markings (i.e, stop signs, etc.) be installed in accordance with the Manuel Uniform Traffic Control Device to the satisfaction of the City Engineer.

9. 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.

10. That the Planning Director and City Engineer may consider alternate means of pedestrian circulation across the site’s street frontage (i.e. pedestrian path rather than curb-side sidewalk) if such alternate supports the advancement and development of a pedestrian circulation network envisioned in the WVU Research Park Master Plan.

Stranko moved for approval with conditions recommended by Staff; seconded by Selin. The motion passed unanimously.

D. MNS08-16 / M&R Properties / Richwood & Sabraton Avenue: Request by M & R Properties for minor subdivision approval for property located on Richwood and Sabraton Avenue. Tax Map #25 Parcel #526 & 567 and Tax Map #30 Parcels #135 & 136.1; an R-1A, Single-Family Residential District.

Fletcher read the Staff Report stating that the petitioner seeks to re-subdivide three (3) parcels into six (6) for property located off Richwood and Sabraton Avenues. Parcel #526 currently contains .367 acres and a single-family structure. The applicant is proposing to subdivide a 4,000 ft² parcel with 40 foot of road frontage on Richwood Avenue. There would be no encroachments on the remnant parcel.

Parcels #567 and #135 will each be divided into two parcels that will exceed the R-1A District minimum lot area standard of 4,000 s.f. and minimum lot frontage standard of 40 feet along Sabraton Avenue. No encroachments will be created by the proposed subdivision. Addendum A of this report illustrates the location of the subject realty.

Fletcher stated that the petitioner requested that Staff represent the request. Fletcher noted that the 40 x 100 being created that fronts Richwood Avenue would most likely have access from Richwood. The other lots being created would have access from Sabraton Avenue, which would have to be improved at the applicant’s expense.

Loretta asked if the alley will be developed. Fletcher stated the applicant is unsure of that at this point, but in speaking with them, it is his belief the new parcel will just go to Richwood Avenue.

Shamberger expressed concern with traffic coming off of Richwood Avenue going straight over the hill. She would encourage opening the alley between the two parcels for access. Fletcher stated that this concern would be shared with the City Engineer.

Selin asked if all lots were buildable. Fletcher stated that he does not believe the applicant has completed his engineering analysis of the site, but he agrees with Shamberger’s concerns.

DeMasters opened the public comment portion of the meeting, asking for comments either in favor or against the request. There being none, he closed the public comment portion of the hearing and asked for Staff’s recommendations

Fletcher stated that Staff recommends approval with the following conditions:

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 subject to the conditions recommended by Staff; seconded by Selin. The motion passed unanimously.

E. MNS08-17 / Pollard-Waggy / 1004 Grand Street: Request by Carol Waggy for minor subdivision approval for property located at 1004 Grand Street. Tax Map #41 Parcel #88.1; an R-1A, Single-Family Residential District.

Fletcher read the Staff Report stating that the petitioners seek to subdivide 9 feet from Parcel #88.1 (1004 Grand Street), which is owned by Cecil Pollard and combine it with Parcel #88 (224 Ross Street), which is owned by Carol Waggy. Both remaining parcels will 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. Addendum A of this report illustrates the location of the subject realty.

An email was included in the Planning Commission packet from Pollard requesting to be represented by Staff. Fletcher reported Pollard is seeking to cut off 9 feet from his property and transfer ownership of same to Carol Waggy, adjusting the parcel boundary. This will not be a separate parcel.

DeMasters opened the public comment portion of the meeting asking for comments in favor or against the request. There being none, he closed the public comment portion of the hearing and asked for Staff’s recommendation.

Fletcher stated that Staff recommends approval with the following conditions that have been modified as a result of the Planning Commission’s discussion and concern of ensuring that a separate parcel is not created:

1. That the subject portion of Parcel 88.1 of Tax Map 41 to be subdivided may not become a separate parcel and shall become a part of Parcel 88 Tax Map 41.

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.

Shamberger moved to approve with conditions recommended by Staff; seconded by Stranko. The motion passed unanimously.

F. MNS08-18 / Oliverio-Harvey / 45 Wilson Avenue: Request by Rama Oliverio for minor subdivision approval for property located at 45 Wilson Avenue. Tax Map #37 Parcel #299; an R-1A, Single-Family Residential District.

Fletcher read the Staff Report stating that currently, Mr. Harvey’s side property boundary for Parcel 276 appears to be very close to his existing house leaving very little side yard to enjoy. The single-family homes adjoining the subject site property line are situated close to Wilson Avenue and enjoy rather large year yards.

The petitioners have agreed to subdivide approximately 7.5 ft X 41 ft X 25 ft from Parcel 299 (45 Wilson Avenue), which is owned by Rama Oliverio, so that it can be conveyed to Parcel 276 (316 Spring Road), which is owned by Mr. Clifford Harvey. Addendum A of this report illustrates the location of the subject realty.

Fletcher stated that the petitioner requested to be represented by Staff. Fletcher stated Oliverio has agreed to transfer or sell a portion of her property to Harvey, parcel 276. Once this has been approved, the property will have to be surveyed. A letter has been provided by Rama Oliverio giving authorization and verification that the parties have reached an agreement.

DeMasters opened up the public comment portion of the meeting asking for comment either in favor or against the petition. There being none, he closed the public comment portion of the hearing and asked for Staff’s recommendation.

Fletcher stated that Staff recommends approval with the following conditions:

1. That the subject portion of Parcel 299 to be subdivided may not become a separate parcel and shall become a part of Parcel 276.

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 with conditions recommended by Staff; seconded by Shamberger. The motion passed unanimously.

G. MNS08-19 / Monongalia Friends Meeting / 648 E. Brockway Avenue: Request by Monongalia Friends Meeting for minor subdivision approval for property located at 648 E. Brockway Avenue. Tax Map #35 Parcel #109 & 110; an R-1A, Single-Family Residential District.

Fletcher read the Staff Report stating that the petitioner seeks to combine parcel #110.1 with the portion of parcel and 110 that was subdivided in June 12, 2008 (MNS08-12 / Tarantini / East Brockway). The combine realty will be approximately 10,000 s.f. with 100 foot of road frontage on East Brockway Avenue. The proposed parcel exceeds the R-1A District minimum lot area standard of 3,500 s.f. and minimum lot frontage standard of 30 feet. In June 2008, Monongalia Friends Meeting received conditional use approval by the BZA to establish a “Church, Place of Worship” use. The additional property will be utilized for parking.

John Lozier, representing the Monongalia Friends, stated that this matter needed to be accomplished before they were able to proceed with parking. The Quaker House will be putting in a ramp and outward opening door. The lots will be combined to satisfy parking requirements.

DeMasters opened the public comment portion of the meeting asking for public comment in favor or against the petition. There being none, he closed the public comment portion of the hearing and asked Staff’s recommendation.

Fletcher stated that Staff recommends approval with the following conditions:

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 the conditions recommended by Staff; seconded by Martis. The motion passed unanimously.

H. MNS08-21 / Morgantown Housing Authority / 621 Richwood Avenue: Request by Morgantown Housing Authority for minor subdivision approval for property located at 621 Richwood Avenue. Tax Map #30 Parcel #24; an R-1A, Single-Family Residential District.

Fletcher read the Staff Report stating that the petitioner seeks to subdivide Parcel 24 of Tax Map 30, which is located at the corner of Richwood Avenue and Dayton Street into three parcels that meet or exceeds the R-1A District minimum lot area standard of 3,500 ft² and minimum lot frontage standard of 30 feet. Lot #1 will contain approximately 4,278.5 ft² and have approximately 43 feet of frontage on Richwood Avenue and retain 99.5 feet of frontage on Dayton. Lot #2 will contain approximately 3,675 ft² and have approximately 42 feet of frontage. Lot #3 will contain approximately 3,500 ft² and have 40 feet of frontage. Addendum A of this report illustrates the location of the subject realty.

Fletcher also stated that because of topography issues, access will come across the back of the property with parking or, maybe, a rear loading garage. The existing structure will be razed. The new structure will be owner occupied and deed restricted.

Shamberger commented that this home was once a beautiful residence and over the past few years it has fallen into disrepair. She was happy to see more single family homes be constructed.

DeMasters noted that due to the access across the rear of the building, and the fact that the two properties do not border on Dayton, an easement would be needed. Fletcher stated the easement issue would be taken care of when building permits sought.

Jessie Reckart, Morgantown Housing Authority stated these three single family homes will be part of the Housing Authority’s Homecoming Program, which works to increase the supply of owner-occupied housing within the City through deed restrictions and covenants that do not allow the property to be rented.

DeMasters opened the public comment portion of the meeting, asking for comments either in favor or against the petition. There being none, he closed the public comment portion of the hearing and asked for Staff’s recommendation.

Fletcher stated that Staff recommends approval with the following conditions:

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

3. That the final plat is filed at the Monongalia County Courthouse within thirty (30) days of meeting the condition set forth above.

Shamberger moved for approval with the conditions recommended by Staff; seconded by Selin. The motion passed unanimously.

V. OTHER BUSINESS

A. Public Comments - None

B. Staff Comments

1. The BZA meeting for the month of September has been rescheduled to September 23 at 6:30 PM.

2. Stranko asked if the contract for the Downtown Comprehensive Plan has been finalized. Fletcher responded that it has been drafted, agreed to, and waiting for it to be returned.

3. When asked about the condition of Bodner property, Fletcher stated that the City is working with them clean up the property.

4. Loretta asked about the status of the Riverview Site. Fletcher said it is being dealt with by the City Manager. Selin stated there was a 10 day limit imposed to accomplish cleaning up the site.

The meeting was adjourned at 7:45 PM.