Planning Commission

MORGANTOWN PLANNING COMMISSION MINUTES 6:30 p.m. August 10, 2017 Council Chambers COMMISSIONERS PRESENT: Peter DeMasters, Bill Petros, William Blosser, Tim Stranko, Sam Loretta, and Michael Shuman COMMISSIONERS ABSENT: Ron Dulaney, Jr. and Carol Pyles 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 July 13, 2017 meeting minutes. Loretta motioned to table the minutes due to lack of a quorum of Commissioners present at the July 13 hearing; seconded by Petros. Motion carried unanimously. IV. UNFINISHED BUSINESS: A. MNS17-09 / G & G Rentals / 356-358 Kingwood Street: Request by Robert Jay Guminey, on behalf of G & G Rentals, for minor subdivision approval of property located at 356-358 Kingwood Street; Tax Map 36, Parcel 170; R-1A, Single- Family Residential District. A motion to approve failed to obtain a majority vote at the 13 JUL 2107 hearing with DeMasters, Pyles and Petros voting “aye” and Blosser, Dulaney and Loretta voting “nay”. Fletcher referred to the Staff Report Supplement that provided information and analysis results of parcel sizes in the surrounding Greenmont and South Park areas. Fletcher noted that 47.3% of the parcels studied were smaller than the R-1A District minimum lot area standard of 3,500 square feet along with the number of existing parcels less in area than both the applicant’s proposed parcel sizes. Fletcher referred to the emails included in the Staff Report Supplement involving Jay Guminey and Shawnda Cook, Executive Director for Mon County Habitat for Humanity concerning a discussion involving the Neighborhood Investment Program, which provides State Tax Credits for 50% of the value donated to a 501c3. Fletcher referred to an email from Guminey to Staff, which noted challenges faced with the inability to subdivide the property into two parcels. Fletcher noted that MNS17-09 failed to obtain a majority vote at the July 13 hearing and is therefore before the Commission again for consideration. Morgantown Planning Commission Page 1 of 5 August 10, 2017 Minutes DeMasters recognized Robert J. Guminey of G & G Rentals, who read aloud the email that was sent to Staff to explain the challenges faced with the property. R. Guminey explained that minor subdivision approval would allow for the store to be opened and the structure to be restored or razed to become green space or a single-family dwelling. R. Guminey referred to the land management section of the master plan to quote that “existing neighborhoods throughout the City will be maintained or enhanced. The City will continue to invest and encourage private investment in all neighborhoods that strengthens their existing character and value through maintenance improvements of properties infrastructure and civic amenities.” R. Guminey expressed that a minor subdivision is the only viable option left for the property. R. Guminey showed pictures as an example of surrounding houses that are on smaller lots in the neighborhood. DeMasters inquired as to what could be done on the smaller lot in the event the store closes. R. Guminey stated there are many houses in South Park that are built on smaller lots in the same situation. He noted the store could be turned into a single-family dwelling in the event the store was unsuccessful. Loretta asked what kind of hardship would be caused should the request be denied. DeMasters recognized Tim Guminey of G & G Rentals who stated the hardship is the two (2) separate uses and compared it to a house existing in a Kroger parking lot. T. Guminey expressed that people do not want to buy a neighborhood convenience store and a house at the same time. He explained they wanted and tried to change the zoning classification of the property but were denied by City Council. Loretta asked if the store could operate in the other structure. Guminey stated the store can only operate in the existing structure as an existing nonconforming use uilding. Fletcher explained that a conditional use approval and a variance approval would be required in order to operate the neighborhood convenience store in the other building. Those approvals are not required for the existing building because of the nonconforming use status. There being no further 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. Fletcher referred to Article 1315.07 from the Planning and Zoning Code and then read the Staff recommendations. DeMasters asked if a single-family dwelling be built on the larger lot and meet all setback and frontage requirements. Fletcher stated variance relief would be required either from the minimum width standard for the single-family dwelling unit or from the minimum side setback standards due to the narrow frontage of the proposed parcel. Stranko inquired if restoring the apartment building as a single-family dwelling would be a viable alternative. DeMasters expressed he did not believe it would be economically feasible to restore the apartment building to a single-family dwelling. Stranko expressed his reasoning for supporting the departure from the minimum lot area standard and from the minimum lot frontage standard and granting minor subdivision approval Morgantown Planning Commission Page 2 of 5 August 10, 2017 Minutes as requested is to eliminate the unnecessary hardships peculiar to the site that prohibit the property owners from returning the property to its historical use thereby promoting neighborhood retail and a walkable lifestyle for the neighborhood. Stranko moved to approve Case No. MNS17-09 as requested, based on the reasoning he presented, with Staff recommended conditions; seconded by Petros. The motion failed to obtain a majority by a vote of 3-3 with Blosser, Loretta and Shuman voting nay. DeMasters stated the minor subdivision request would be considered again at the September Planning Commission hearing. V. NEW BUSINESS: A. S17-05-III / Mylan Laboratories, Inc. / 5000 Greenbag Road: Request by John Sausen of Omni Associates - Architects, on behalf of Mylan Laboratories, Inc., for Type III Development of Significant Impact Site Plan approval at 5000 Greenbag Road; Tax Map 48A, Parcel 2; B-5, Shopping Center District. Fletcher presented the Staff Report. DeMasters recognized John Sausen of Omni Associates, on behalf of Mylan Laboratories, Inc., who explained Mylan wants to relocate their stability lab to the Mountaineer Mall as that is where they keep their stability storage. Sausen noted they are testing products from the production process and not making the products at that location. Stranko asked how many employees would populate the space. Sausen stated that only 40 people work in that particular lab but explained there are other employees onsite for other purposes. Blosser asked for explanation on the safety measures for the building. Sausen explained the building currently has sprinklers, an elevator and egress stairs and added the structure has been reviewed by the City Fire Marshal. Blosser asked if the air conditioning systems for the space is separate from the rest of the building. Sausen explained that new air handlers are being installed for the lab area to provide heating, cooling and humidification. He explained the proposed work has been approved and is regulated by the U.S. Environmental Protection Agency (EPA) and the U.S. Federal Drug Administration (FDA). The lab will operate as a stand-alone facility and have emergency generators onsite to maintain electricity. There being no further 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 moved to approve Case No. S17-05-III with Staff recommended conditions; seconded by Blosser. Motion carried unanimously. B. RZ15-06 / Stan Corp / Glenn Ridge Apartments PUD: Administrative recommendation to rescind the Planned Unit Development (PUD) District Morgantown Planning Commission Page 3 of 5 August 10, 2017 Minutes  classification and return the subject properties to their previous zoning classifications. The total area of the properties is approximately 2.12 acres and includes Parcels 478, 479, and 492 of Tax Map 14; Parcels 455 and 456 of Tax Map 20; and, approximately 0.02 acres of Parcel 457 of Tax Map 20. Fletcher read the memorandum related to RZ15-06. 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. Stranko moved to initiate action to amend the Zoning Map by rescinding the PUD designation and reclassifying the subject tracts of realty to their prior R-1A and R-2 zoning classifications respectively. The motion of seconded by Shuman and carried unanimously. C. TX17-09 / Administrative / Landscape and Screening: Administratively requested Zoning Text Amendments to Article 1367 concerning landscape and screening. Fletcher presented the Staff Report. Fletcher noted representatives from the Tree Board were present for any questions from the Commission. Loretta asked if they recommended pin oak trees in dense populated neighborhoods. DeMasters recognized Dave Barnett and Dan Brown from the Tree Board who explained that pin oak trees do have branches that have a descending pattern and can interfere with traffic and pedestrians. Loretta expressed that he has had a negative experience with a pin oak tree in his neighborhood and would not recommend them for R-1A neighborhoods. Barnett agreed and stated that maintenance should be required if pin oak trees are planted. Stranko asked for further explanation on tamarix species and cultivars. Brown explained the problem with those trees is because they are dense. Blosser asked why black cherry trees were not included on the recommended listed. Barnett explained black cherry trees can get big and are not a good species in an urban area. Petros asked if the trees listed are for landscaping purposes or for sidewalk and public areas. Fletcher explained the approved street trees and shrubs list is specific to areas required to meet minimum landscaping, buffer yard, and/or screening standards. Petros asked if a restricted space is between a sidewalk and a street. Fletcher confirmed, depending on the specific conditions of the space. 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. Morgantown Planning Commission Page 4 of 5 August 10, 2017 Minutes Stranko moved to forward a favorable recommendation to City Council to amend the Planning and Zoning Code as presented for Case No. TX17-09; seconded by Shuman. Motion carried unanimously. VI. OTHER BUSINESS A. Committee Reports • Collaborative Planning Advisory Committee: Stranko moved to nominate Ron Dulaney, Jr. as an alternate member to replace William Kawecki; seconded by Blosser. Motion carried unanimously. • Traffic Reports: No report. • Green Team: No report. • Staff Comments: ‒ Fletcher noted that Emily Vasile was recommended by the City Manager and approved by City Council to serve as the City Administration’s representative to the Planning Commission. However, Ms. Vasile submitted her resignation as she will be relocating. ‒ Fletcher provided a demonstration of the web-based QuickBase software Staff is utilizing to develop a management system to track implementation of 2013 Comprehensive Plan recommended strategies. Fletcher noted Summer Intern Phillip Avis from WVU’s Public Administration Program was instrumental in building the application. VII. FOR THE GOOD OF THE COMMISSION: None. VIII. ADJOURNMENT: 7:30 p.m. MINUTES APPROVED: September 14, 2017 COMMISSION SECRETARY: _____________________________ Christopher M. Fletcher, AICP Morgantown Planning Commission Page 5 of 5 August 10, 2017 Minutes