Planning Commission

MORGANTOWN PLANNING COMMISSION MINUTES 6:30 p.m. May 11, 2017 Council Chambers COMMISSIONERS PRESENT: Peter DeMasters, Carol Pyles, Bill Petros, William Blosser, Sam Loretta, Tim Stranko, and Bill Kawecki COMMISSIONERS ABSENT: Michael Shuman STAFF PRESENT: Christopher Fletcher, AICP I. CALL TO ORDER/ROLL CALL: DeMasters 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 April 13, 2017 meeting minutes. Stranko moved to approve as presented; seconded by Loretta. Motion carried unanimously. IV. UNFINISHED BUSINESS: A. TX17-06 / Administrative / Administrative Office and Office Building: Administratively requested Zoning Text Amendments to Table 1331.05.01 “Permitted Land Uses” concerning “Administrative Office” and “Office Building” uses in the R-3, Multi-Family Residential District, the PRO, Professional, Residential, and Office District, and the I-1, Industrial District. TABLED AT 13 APR 2017 HEARING. Stranko moved to remove TX17-06 from the table; seconded by Loretta. Motion carried unanimously. Fletcher presented a memorandum relating to the Staff Report which noted that the Planning Commission held a workshop to discuss the three previously requested text amendments that were tabled at the April 13, 2017 hearing. 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. DeMasters recognized David Biafora of 6200 Mid-Atlantic Drive who stated a Comprehensive Plan needs completed and expressed that text amendments serve as a band-aid to the codes. Morgantown Planning Commission Page 1 of 9 May 11, 2017 Minutes There being no further comments, DeMasters declared the public portion closed and asked for Staff recommendations. Fletcher noted the Staff recommendations were already presented. Stranko thanked Staff for the time spent to review and conduct a workshop on the proposed amendments. Stranko moved to forward a favorable recommendation to City Council for TX17-06 as presented; seconded by Blosser. Motion carried unanimous. B. TX17-07 / Administrative / Conditional Uses and Approval Expiration Provisions: Administratively requested Zoning Text Amendments to Articles 1379, 1381, and 1385 concerning conditional use permit application and review and expiration provisions for conditional use permit, variance, and site plan approvals. TABLED AT 13 APR 2017 HEARING. Stranko moved to remove TX17-07 from the table; seconded by Blosser. Motion carried unanimously. Fletcher presented the memorandum relating to 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 portion closed and noted Staff recommendations were already presented. Loretta expressed that building height is the most controversial issue and requested the Commissioners pay more attention to that issue. DeMasters expressed the text amendment proposed does not address building height other than requesting drawings when submitting applications. Fletcher explained the text amendment is specific to a conditional use application which would be reviewed by the Board of Zoning Appeals. Fletcher stated that Staff is working with consultants to develop Downtown Design Standards and they are exploring the idea of having different building heights depending on the area within the B-4 District. Stranko asked for the timeline in which these Downtown Design Standards would be presented. Fletcher stated he would like to have them ready by this summer. Stranko moved to forward a favorable recommendation to City Council for TX17-07 as presented; seconded by Petros. Motion carried unanimously. Morgantown Planning Commission Page 2 of 9 May 11, 2017 Minutes  C. TX17-08 / Administrative / Nonconforming Provisions: Administratively requested Zoning Text Amendments to Articles 1329 and 1373 concerning nonconforming provisions and related definitions. TABLED AT 13 APR 2017 HEARING. Kawecki moved to remove TX17-08 from the table; seconded by Stranko. Motion carried unanimously. Fletcher presented the memorandum relating to 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 portion closed and noted Staff recommendations were already presented. Stranko moved to forward a favorable recommendation to City Council for TX17-08 as presented; seconded by Loretta. Motion carried unanimously. D. MNS17-03 / Strazanac / 912 Riverview Drive: Request by John S. Strazanac for minor subdivision approval of property located at 912 Riverview Drive; Tax Map 15, Parcel 30; R-1, Single-Family Residential District. TABLED AT 09 MAR 2017 HEARING. APPLICANT REQUESTED THE MATTER REMAIN ON THE TABLE TO PERMIT ADDITIONAL TIME TO RESPOND. V. NEW BUSINESS: A. MNS17-05 / Millican / 529 Short Street: Request by Christina Millican, for minor subdivision approval of property located at 529 Short Street; Tax Map 14, Parcels 154, 155 and 156; R-1A, Single-Family Residential District. Fletcher stated this petition has been postponed due to a family emergency. B. MNS17-06 / Sine - CRA Properties, LLC / 856 and 858 Rawley Avenue: Request by Robert Shuman, on behalf of Chad C. Sine and CRA Properties, LLC., for minor subdivision approval of property located at 856 and 858 Rawley Avenue; Tax Map 11, Parcel 235; R-1, Single-Family Residential District. Fletcher presented the Staff Report and noted Mr. Shuman was available if there were any questions or concerns. 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 portion closed and asked for Staff recommendations, which were read by Fletcher. Petros asked if a structure would have to abide by the current zoning regulations should the existing house ever be razed. Fletcher confirmed and stated a new structure would have to comply with setback standards. Morgantown Planning Commission Page 3 of 9 May 11, 2017 Minutes Petros referred to the map in the Staff Report and stated that that Evansdale Neighborhood does not include properties located within the PRO District along University Avenue. Fletcher noted the error and apologized. Stranko moved to approve Case No. MNS17-06 with Staff recommended conditions; seconded by Blosser. Motion carried unanimously. C. S17-01-III / Biafora / 0 Everlasting Lane: Request by Trevor Lloyd of Cheat Road Engineering, LLC, on behalf of David Biafora, for Type III Development of Significant Impact Site Plan approval for a 13-acre site at 0 Everlasting Lane; Tax Map 32A, Parcels 13.1, 25, 26.1; I-1, Industrial District. Fletcher presented the Staff Report. DeMasters recognized Trevor Lloyd of Cheat Road Engineering who concurred with the Staff Report. Petros asked if the landfill on Everlasting Lane is east of the project site. Lloyd confirmed. Petros asked if he anticipates any issues with the EPA. Lloyd replied no and stated the drainage has been separated and is monitored by the City Engineering Department and the EPA. There being further 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 portion closed and asked for Staff recommendations, which were read by Fletcher. Stranko expressed the project is a great example of a private investor investing within the City. Stranko moved to approve Case No. S17-01-III with Staff recommended conditions; seconded by Kawecki. Motion carried unanimously. D. RZ17-03 / Guminey / 356 Kingwood Street: Request by Lisa Mardis of Project Management Services, on behalf of Jay and Tim Guminey, for a Zoning Map Amendment to reclassify property from R-1A, Single-Family Residential District to B-1, Neighborhood Business District; Tax Map 36, Parcel 170. Fletcher presented the Staff Report. DeMasters recognized Lisa Mardis of Project Management Services, on behalf of G & G Rentals, who provided a narrative with further explanation on the map amendment petition. Mardis noted that she communicated with Paul Steele of the South Park Neighborhood Association regarding the details for plans of the property. Steele had concerns and questions regarding parking but provided no opposing communication as of May 9th. Maris stated she reached out to Matthew Held via email on March 9th in which he responded that the proposal appeared contradictory on March 9th,. Mardis stated she then reached out to Mr. Held via phone after neighbor notifications were mailed. Morgantown Planning Commission Page 4 of 9 May 11, 2017 Minutes DeMasters asked if Matthew Held reached out to follow up on the request. Mardis stated they emailed back and forth but no further communication took place. DeMasters asked if Held had concerns on the second proposal. Mardis stated she did not discuss the second proposal with him but he did make comments on Facebook. DeMasters asked if a sign was placed at the location and if neighbor notifications were sent out. Fletcher confirmed. DeMasters asked if any comments of opposition had been made to the Planning Department regarding the petition. Fletcher stated no direct communication was received and he was not aware of any phone calls. DeMasters recognized Jay Guminey of Dellslow who stated that he and his brother are co- owners of G & G Rentals. Guminey stated he is a carpenter by trade and his company has been in the rental business for the last twenty years. Guminey noted the last few years have been spent restoring structures in different sections of Morgantown. Guminey stated they own houses directly across and behind 358 Kingwood Street and the reason they have decided to restore the structure is because it directly impacts them with having property surrounding the former store. Guminey stated a certificate of occupancy has been obtained from the original owner to show the store has operated since 1977 and has been ongoing since their purchase. The property is surrounding by multi-unit buildings and stated the structure was formerly a five-unit building that was destroyed by a fire and in its current state does not contribute to the community. Guminey expressed the structure was not financially feasible for a single-family rental and served as a boarding house in the past. There being further no comments or questions by the Commission, DeMasters asked if anyone was present to speak in favor of or in opposition to the petition. DeMasters recognized Matthew Held of 213 Kingwood Street who stated he was a member of the Greenmont Neighborhood Association and expressed concerns with the proposed map amendment. Held provided the history of the community and asked for the zoning to be upheld at R-1A. Held noted the application of documents do not include an intent for the property but rather the history of the property. Held read quotes from the Greenmont Neighborhood Association’s Comprehensive Plan and stated the property has been abandoned longer than twelve months and should be returned to the conformity of the R-1A District. Held stated he had obtained three communications from people in the neighborhood who oppose the map amendment request. DeMasters asked if he had gathered any communications prior to the hearing. Held confirmed and stated he had conversations with people in the area and those elderly persons did not feel comfortable coming to speak in opposition in front of the Commission. DeMasters asked if Held was speaking on behalf of the Greenmont Neighborhood Association or as a citizen. Held stated he is speaking as a citizen and a member of the Greenmont Neighborhood Association as the association had not had a chance to meet to discuss the petition prior to the hearing. There being no further comments, DeMasters declared the public portion closed. DeMasters offered Mardis a chance for rebuttal. Morgantown Planning Commission Page 5 of 9 May 11, 2017 Minutes Mardis stated it is not a traditional neighborhood and the property was never used and an R-1A use. Mardis explained a statement of intent was not provided as the WV State Code states that contract zoning is not allowed. Mardis stated they are in concurrence with the Comprehensive Plan and the property is not located in Greenmont but rather South Park. DeMasters recognized Tim Guminey of G & G Rentals who stated that the business already existed after the R-1A was established. Blosser asked if the reason this is being requested is to keep the commercial aspect of the property. T. Guminey explained there are two separate structures and 356 Kingwood would remain a store after approval by the BZA. Blosser asked if the property could still be developed in an R-1A District. T. Guminey explained that the two structures are not connected share utilities. Blosser asked for the physical intention of the property. T. Guminey stated they would like to restore 358 Kingwood to include five units and 356 Kingwood is currently being restore backed to the store. Mardis explained that 358 Kingwood is approximately 3,000 square feet and to restore that structure to a single-family dwelling would not be cost effective. Mardis explained there is parking in front of 356 Kingwood which would allow for a total of four spaces for 358 Kingwood. DeMasters noted that a map amendment request for that same area requested by Gene Perilli was completed approximately twelve years ago and was approved by the Planning Commission but later denied by City Council. Blosser asked if an R-3 District zoning would be a better compromise. DeMasters explained that would be spot zoning. Loretta asked if the building is structurally sound and can be restored. T. Guminey confirmed and stated there would be extensive work completed to restore the building. DeMasters noted the property has not been a contributing factor or parcel of land since he has lived in Morgantown. Loretta asked if this is approved, if Mr. Perilli could come back before the Commission and request the zoning change that was requested twelve years ago. DeMasters explained that he could have done that at any point after denial and if he chooses to come before the Commission again then it would be reviewed on its own as a separate issue as each case is done so already. Stranko expressed the merits of this case is they are rescuing an underperforming or non- performing economic parcel and providing neighborhood convenience and walkability. Petros questioned why the area was designated as an R-1A District as it is in a big B-1 District area and expressed that more businesses are needed in that area. Stranko expressed they are considering the condition of the property as it is currently and the need for walkable businesses in the neighborhood. Morgantown Planning Commission Page 6 of 9 May 11, 2017 Minutes Petros expressed questioned if more B-1 zoning is needed in the area. Stranko expressed the Commissioners should be complying with and applying the Planning Code and the Comprehensive Plan. Petros questioned what the Comprehensive Plan is for the area and if B-1 is respective of that plan. Kawecki stated that both organizations were made aware of the petition and noted that the property could become commercial by going through the Board of Zoning Appeals to acquire conditional use approval. Kawecki expressed the main purpose for the zoning change is to allow conversion of the building to a five-unit rental property. He noted that the property has been vacant for over 20 years, is in bad shape, and the likelihood of someone razing or restoring the structure would be cost restrictive. Kawecki expressed concerns with parking as the streets are already congested. Blosser asked if rental property could be allowed under conditional use. Fletcher stated that both a mixed-use dwelling and a multi-family dwelling are not permitted under the R-1A zoning district classification. DeMasters stated that a 3,000 square-foot house would not be made affordable in that area. DeMasters referred to a house that had been restored a few streets down and stated that house has been vacant for over a year due to being listed above the price point for that area. DeMasters expressed the request is difficult as the area already has rental properties, congestion and traffic but also a non-performing property that has been vacant for over 20 years. Petros expressed that a zoning change could set a precedent for future map amendment requests in that area. DeMasters noted that other rental properties in that area are non- conforming and have not been abandoned. DeMasters suggested the Commissioners review the piece of property with the petition and then City Council would review the petition centered around the area as a whole. Blosser asked what uses are permitted in the B-1 District. Fletcher referred to Addendum B in the Staff Report to provide further explanation on how the map amendment request is in concurrence with the Comprehensive Plan. Fletcher noted the area was once a vibrant commercial neighborhood and referred to Addendum A in the Staff Report to show where multi-family units and commercial properties currently exist in the area. Fletcher referred to the Planning and Zoning Code and read a list of uses permitted in the B-1 Neighborhood Business District. Petros asked if most of the uses on the block of Wilson are multi-unit rentals. Fletcher confirmed and stated that one or two structures were built specifically to be rental units. Petros asked if there was a way to restrict the number of units in the structure to get around the parking issues. Fletcher stated there is not a way to restrict units with the zoning map amendment and explained that parking would have to go before the Board of Zoning appeals if Morgantown Planning Commission Page 7 of 9 May 11, 2017 Minutes they cannot meet the minimum requirement. Fletcher explained there are several steps that need to occur to rehabilitate the building as they are desiring and to put into use. Fletcher referred to the Staff recommended conditions listed in the Staff Report and noted no assurances should be requested or accepted concerning any relationship between the proposed zoning map amendment and safeguarding the existing buildings from significant modification, rehabilitation, reconstruction and demolition. Fletcher stated there is no obligation by petitioner to restore the building as intended if approved by City Council and noted they could raze and remove the structure and construct a new building that’s permitted in the B-1 Neighborhood Business District. Petros asked how many units are allowed in a B-1 District. Fletcher explained the number of occupants depends on the square footage regulated by the Building Code. DeMasters noted the building size is regulated by the Planning and Zoning Code and what is allowable in the B-1 District and stated that if the current building is removed then a smaller footprint would be constructed. Mardis noted parking is not allowable in the front yard and therefore if the building is reconstructed then variances would be needed for parking as the building would have to meet the B-1 requirements. Blosser asked how parking would be maintained if the property remains R-1A. Mardis explained that the Guminey’s own surrounding property and they would have to go before the BZA to obtain an off-site parking use. Fletcher noted if the building is going to be saved, then a map amendment is the only option to move in that direction and added that several additional steps will need to occur if approved. Petros asked what property is located nearest to the proposed request that is owner-occupied. Fletcher referred to Addendum A of the Staff Report to provide further explanation of where owner-occupied properties are located and where rental units exist. There being no further comments, DeMasters asked for Staff recommendations which were read by Fletcher. DeMasters expressed favor for the map amendment but added he has concerns about parking. He noted that is not an issue for the Planning Commission and would go before the Board of Zoning Appeals for review. Loretta asked if the building would retain a B-1 classification if razed at a later time. DeMasters confirmed and stated that if this passes City Council, and the building is razed, then a B-1 type development could go on the property and have to follow the building requirements per the code. Stranko commended Held for coming to express his concerns but stated it is not fair to consider the claims that referred to others that oppose the project since they are not in attendance to provide comments. DeMasters agreed and stated he was speaking on behalf of a citizen and now on behalf of the Greenmont Neighborhood Association. Morgantown Planning Commission Page 8 of 9 May 11, 2017 Minutes Petros referred to the Comprehensive Plan and stated there are areas that need reviewed for rezoning. Petros feels this in one of those areas, although not considered in the Comprehensive Plan, and expressed this property would be spot zoning and that if approved then they can expect others on the block to request a map amendment change as well. Stranko moved to forward a favorable recommendation to City Council for RZ17-03 with Staff recommended conditions; seconded by Kawecki. Motion carried 4-3 with Pyles, Blosser and Petros voting nay. VI. OTHER BUSINESS A. Committee Reports  Collaborative Planning Advisory Committee: Fletcher stated the Committee met on April 27th, 2017 at Star City Hall and will continue to meet quarterly to discuss growth boundary areas and training and developing those issues.  Traffic Reports: No report.  Green Team: No report.  Staff Comments:  Fletcher noted copies of Planning and Zoning Code amendment ordinances passed since that last codification had been distributed to the Commissioners.  Fletched stated that a Community Forum for Area 2 was held on April 27, 2017 and a debriefing memo will be provided by Chet Parsons that will be forwarded to Commissioners. VII. FOR THE GOOD OF THE COMMISSION: Kawecki asked if neighborhood associations are notified when actions are planned in their areas. Fletcher confirmed and stated neighbor notifications are provided on the City website with mapping associated with the property. Fletcher added, an email notification is also sent to the leadership of the neighborhood associations. VIII. ADJOURNMENT: 8:36 PM MINUTES APPROVED: June 8, 2017 COMMISSION SECRETARY: _____________________________ Christopher M. Fletcher, AICP Morgantown Planning Commission Page 9 of 9 May 11, 2017 Minutes