Planning Commission

MORGANTOWN PLANNING COMMISSION MINUTES 6:30 p.m. October 13, 2016 Council Chambers COMMISSIONERS PRESENT: Carol Pyles, William Blosser, Sam Loretta, Michael Shuman and Bill Kawecki COMMISSIONERS ABSENT: Peter DeMasters, Bill Petros, and Tim Stranko STAFF PRESENT: Christopher Fletcher, AICP I. CALL TO ORDER/ROLL CALL: Pyles called the meeting to order at 6:30 p.m. and read the standard explanation of the how the Planning Commission conducts business and rules for public comments. II. GENERAL PUBLIC COMMENTS: None III. MATTERS OF BUSINESS: A. Approval of the September 8, 2016 meeting minutes. A quorum of members present at the September 8 meeting was not present to approve the September 8 minutes. The September 8 minutes were postponed to the November 10, 2016 hearing. B. Approval of the 2017 Planning Commission Hearing Calendar. Fletcher presented the proposed calendar. Kawecki moved to approve the 2017 Planning Commission Hearing calendar; seconded by Shuman. Motion carried unanimously. IV. UNFINISHED BUSINESS: A. RZ16-05 / South Baptist Convention – Home Mission Board of Trustees / 519 Burroughs Street: Request by Joseph V. Schaeffer, Esq., on behalf of South Baptist Convention – Home Mission Board of Trustees, for a Zoning Map Amendment to reclassify a portion of Parcel 33 of Tax Map 55 from R-1, Single- Family Residential District to B-1, Neighborhood Business District or B-2, Service Business District. This petition was continued at the Planning Commission’s August 11, 2016 hearing. Kawecki moved to remove RZ16-05 from the table; seconded by Shuman. Motion carried unanimously. Fletcher explained the map amendment petition had been continued during the August hearing as a result of a tied vote. The petition was tabled during the September hearing with a request the petitioner meet with surrounding neighbors to identify alternative solutions resolving concerns raised. Morgantown Planning Commission Page 1 of 7 October 13, 2016 Minutes Fletcher noted additional comments were received after the meeting packets were distributed and stated hard copies of those emails were provided to the Commissioners at their chairs. Emails were received from Mikylah McTeer, Lixin Shen, and Margaret Carr. Pyles recognized Joseph Schaeffer, on behalf of South Baptist Convention, who further explained the map amendment request. Schaeffer noted a meeting was held with neighboring property residents and a compromise could not be made due to the neighborhood opposing the loss of green space. Schaeffer stated that the neighbors opposing the map amendment on property they don’t own is a veto right not allowed under West Virginia State law. Schaeffer stated the church is willing to compromise by offering to retain a 20-foot rear buffer that was proposed during the August 2016 Planning Commission hearing and listed reasons rezoning to a B-2 District is appropriate. Schaeffer noted the area is located along a major arterial route and that the surrounding properties are zoned as B-2. Schaeffer stated that the Burroughs Place development was approved for rezoning to B-2 in 2008, and the Wine Bar was approved to rezoning to B-2 in 2008, which means the Planning Commission found that rezoning those parcels were consistent with the neighborhood and the Comprehensive Plan. Schaeffer asked for the map amendment to be approved in order to remain consistent with the neighborhood and the Comprehensive Plan. There being no comments or questions by the Commission, Pyles asked if anyone was present to speak in favor of petition. Pyles recognized Dave Biafora of 6200 Mid Atlantic Drive who stated he owns Burroughs Place and expressed that there is no consistency with the Comprehensive Plan and stated the highest and best use of the subject land is B-2 as no one would build a house on Burroughs Street as it is a commercial area. Biafora noted development will not occur on the parcel without rezoning, which is a loss in revenue for the church, and expressed that the buffer zone is great. Biafora expressed concerns with the condition of the aging trees on the subject site and that he would take the trees down as they pose a threat to his property. There being no further comments in favor of the petition, Pyles asked if anyone was present to speak in opposition. Pyles recognized Sam Ameri of 5 French Quarter Drive who stated he was not made aware of the hearing and therefore did not have time to develop a presentation. Ameri stated that houses sit in a sink line with porous soil and noted that disturbance to the land would cause water to flow towards French Quarter Drive. Ameri expressed concerns with a parking lot to accommodate the wine bar as there could be an increase in driving under the influence. Ameri asked for the Commission to rule in the negative or to table the petition in order to give him the opportunity to collect information and get legal counsel for the next Planning Commission hearing. Biafora interrupted stating he offered for the church to tie into to his water retention system, which will prevent flooding onto French Quarter Drive. Pyles recognized a gentleman (name inaudible) of 30 French Quarter Drive who stated there was a meeting at the church where it was made known that the neighbors objected to the rezoning of B-1 or B-2 and not to any development as was stated by Schaeffer. The gentleman expressed concerns with the safety of the houses if a parking lot is developed as property could be damaged by rash drivers. The gentleman stated if changed to a parking lot then there would be excessive flooding and if a business is built then it would tower over the houses and would Morgantown Planning Commission Page 2 of 7 October 13, 2016 Minutes directly affect them. The gentleman expressed that he purchased his house knowing the lot behind him was zoned as R-1 and it is not a valid argument to say that there are already surrounding businesses adjacent to the property. Pyles recognized Mikylah McTeer of 9 French Quarter Drive who stated their only objection is to the rezoning of the land and noted neighbors offered to purchase the land from the church. McTeer stated she purchased her house in 2007 with the expectation that the lot behind her would remain R-1. McTeer expressed concerns that if the land is rezoned then they could have a dumpster in their back yard and stated the church can do whatever they want with their property but it needs to be in the parameters of what is allowed in a residential area. Pyles recognized Lipin Shen of 17 French Quarters Drive who expressed concerns with what is allowed to be built after property is rezoned and noted that 1/5 of the church area is proposed to be rezoned. Shen stated that he purchased the house with the understanding he was surrounded by R-1 zoning and noted that flooding has occurred in French Quarters Drive. Shen stated professionals have informed him that if the surface of the land is altered then additional flooding will occur and expressed concerns with privacy, safety, noise and traffic. Shen also expressed concerns with decreasing resale values should the property be rezoned. Pyles recognized Beth Ameri of 5 French Quarter Drive who stated she was never notified of the previous hearings and didn’t read the displayed sign as she is a careful driver. Ameri stated the neighbors do not object to loss of green space but rather being rezoned to a business district. Ameri stated that wine and cars on a hillside will increase drunk driving. Pyles allowed Sam Ameri to approach the podium again. Ameri stated he is a registered Engineer and knows about geology and landscape. Ameri stated there is a serious water problem and expressed concerns with additional flooding. There being no further comments, Pyles declared the public hearing closed and offered Schaeffer a chance for rebuttal. Schaeffer stated he found it difficult that people are claiming lack in notice. Schaeffer stated the petition was advertised in the newspaper along with letters sent to the surrounding neighbors. Schaeffer stated there were people in attendance at the neighborhood meeting as well. Schaeffer stated there is no evidence that flooding would occur or that cars would crash into homes and it is all just speculation. Schaeffer stated it is the duty of the Planning Commission to decide the land use and not whether flooding will occur. Schaeffer stated that rezoning to B- 2 is consistent with the Comprehensive Plan and is the highest and best use for the property. Loretta asked Schaeffer if he was made aware that the neighborhood wanted to purchase the property. Schaeffer stated he was not made aware but noted that is irrelevant as it is the church’s decision in what they want to do with the property. Loretta disagreed and stated it is relevant because the petition was tabled to allow for discussions between the church and property owners. There being no further comments, Pyles asked for Staff recommendations. Fletcher read the Staff recommendations. Morgantown Planning Commission Page 3 of 7 October 13, 2016 Minutes Loretta asked if a development could be built to the property line should the rezoning be approved. After confirming the petitioner’s amended zoning map amendment petition with Schaeffer, Fletcher explained the applicant seeks to leave a 20-foot buffer zoned as R-1 along the rear of the church’s property, which would be part of a larger parcel owned by the church and accordingly reflected in the related minor subdivision petition. Shuman made a motion to forward a favorable recommendation to City Council to approve the amended zoning map amendment petition with the 20-foot rear buffer; seconded by Blosser. The motion failed 2-3, with Loretta, Pyles and Blosser voting nay. Biafora spoke out in frustration with the decision. Pyles told Biafora he was out of order. Pyles asked Schaeffer if he would like to proceed with the minor subdivision request for 519 Burroughs Street. Schaeffer confirmed. B. MNS16-07 / South Baptist Convention – Home Mission Board of Trustees / 519 Burroughs Street: Request by Joseph V. Schaeffer, Esq., on behalf of South Baptist Convention – Home Mission Board of Trustees, for minor subdivision approval of property located at 519 Burroughs Street; Tax Map 55, Parcel 33; R-1, Single-Family Residential District. This petition was tabled at the Planning Commission’s August 11, 2016 hearing. Fletcher asked Schaeffer if he would like to proceed with the original minor subdivision request or a modified request to include the 20-foot rear buffer. Schaeffer stated he would like to modify the request to include the 20-foot rear buffer. Kawecki asked for further clarification on the modification. Fletcher explained the original application did not include the 20-foot rear buffer as discussed in the past two (2) hearings. Kawecki moved to take MNS16-07 off the table; seconded by Blosser. Motion carried unanimously. Fletcher presented the Staff Report noting changes related to the 20-foot modification to the minor subdivision petition. Pyles recognized Joseph Schaeffer, on behalf of South Baptist Convention, who stated the petition is a straight forward approval as amended. Blosser asked for clarification if the petition is only for a map division and inquired if the zoning will remain the same. Fletcher explained the zoning map amendment petition will be forwarded with a negative recommendation to City Council. The minor subdivision petition is a separate matter and should be considered an administerial decision. There being further no comments or questions by the Commission, Pyles asked if anyone was present to speak in favor of petition. Pyles recognized Dave Biafora of 6200 MidAtlantic Drive who stated the subdivision is needed and cautioned the Commission on being arbitrary and capricious as it is the right of the property owner to subdivide. Biafora explained the subdivision of the parcels in Burroughs Place and Morgantown Planning Commission Page 4 of 7 October 13, 2016 Minutes noted the water retention that was installed involved many inches of pipes and the French Quarters neighborhood should not be flooding. There being no further comments in favor of the petition, Pyles asked if anyone was present to speak in opposition. Pyles recognized Sam Ameri of 5 French Quarters Drive who expressed he did not understand what is involved with a subdivision but asked the Commission to table the request to allow for further discussions with the petitioner. Biafora interrupted calling out that Ameri’s time was up. Pyles stated Ameri’s time was not up and asked for him to continue. Pyles recognized a gentleman (name inaudible) who stated he does not know what the minor subdivision involves and would like additional time to review. The gentleman expressed it should not be allowed for people to interrupt speakers and felt it was inappropriate. There being no further comments, Pyles offered Schaeffer a chance for rebuttal. Schaeffer stated the petition was submitted in July and the petition was on the agenda on the August and September hearings and therefore ample notice was given. Schaeffer stated the petition is administerial and asked for approval. Shuman moved to approved MNS16-07 with Staff recommendations; seconded by Loretta. Motion carried 4-1 with Blosser voting nay. NEW BUSINESS: C. MNS16-11 / Fairmont Morgantown Housing Authority / 1041 Louise Avenue: Request by John Mardis, on behalf of Fairmont Morgantown Housing Authority, for minor subdivision approval of property located at 1041 Louise Avenue; Tax Map 25, Parcel 195; R-1A, Single-Family Residential District. Fletcher presented the Staff Report. Pyles recognized Lisa Darden of the Fairmont Morgantown Housing Authority who stated they will demolish the existing structure and plan to build two new houses. There being no comments or questions by the Commission, Pyles asked if anyone was present to speak in favor of or in opposition to petition. There being none, Pyles declared the public hearing closed and asked for Staff recommendations, which were read by Fletcher. Kawecki moved to approve Case No. MNS16-11 with Staff recommendations; seconded by Blosser. Motion carried unanimously. Morgantown Planning Commission Page 5 of 7 October 13, 2016 Minutes  D. MNS16-12 / Fairmont Morgantown Housing Authority / 1033 Louise Avenue: Request by John Mardis, on behalf of Fairmont Morgantown Housing Authority, for minor subdivision approval of property located at 1033 Louise Avenue; Tax Map 25, Parcel 196; R-1A, Single-Family Residential District. Fletcher presented the Staff Report. Pyles recognized Lisa Darden of the Fairmont Morgantown Housing Authority who concurred with the Staff Report. There being no comments or questions by the Commission, DeMasters asked if anyone was present to speak in favor of or in opposition to petition. There being none, DeMasters declared the public hearing closed and asked for Staff recommendations, which were read by Fletcher. Kawecki moved to approve Case No. MNS16-12 with Staff recommendations; seconded by Blosser. Motion carried unanimously. V. OTHER BUSINESS A. Committee Reports  Traffic Commission: Blosser stated the MPO has presented the I-79 access study and noted that comments can be submitted to MPO Executive Director Bill Austin. Blosser stated the next public hearing is in January 2017.  Green Team: No report. B. Staff Comments: None. VI. FOR THE GOOD OF THE COMMISSION: A. 29 SEP 2016 Public Forum on Zoning & Land Use Administration Fletcher noted the forum was advertised but not well attended and asked for further direction from the Planning Commission. Loretta noted there needs to be more participation and asked Fletcher to directly contact developers inviting them to the next forum. Kawecki expressed he was disappointed the forum was not better attended and suggested a more aggressive approach to advertise for the next forum. Fletcher suggested an online survey exercise to collect data. Kawecki suggested soliciting the MPO, Chamber of Commerce, Housing Advisory Commission, Neighborhood Associations and area realtors. Blosser expressed interested parties are torn in deciding which meetings to attend and an online survey would take away from conversation and discussion. Kawecki agreed. Fletcher stated he would work with DeMasters to schedule another public forum after the holiday season. Morgantown Planning Commission Page 6 of 7 October 13, 2016 Minutes  B. Joint City/County Planning Commission Advisory Committee Fletcher stated that two County Planning Commissioners have agreed to serve on the Advisory Committee and the first meeting will take place after the first of the year. Fletcher noted that the Planning Commission can decide on two members to serve on the Advisory Committee and that item will be included on the November agenda. Kawecki asked for further clarification of the decision reached for Case No. RZ16-05. Fletcher explained the Planning Commission serves in an advisory role to City Council on zoning map and zoning text amendment petitions. Staff will report the Planning Commission’s failed motion to City Council accordingly. VIII. ADJOURNMENT: 8:16 PM MINUTES APPROVED: November 10, 2016 COMMISSION SECRETARY: _____________________________ Christopher M. Fletcher, AICP Morgantown Planning Commission Page 7 of 7 October 13, 2016 Minutes