Planning Commission

MORGANTOWN PLANNING COMMISSION MINUTES 6:30 p.m. December 14, 2017 Council Chambers COMMISSIONERS PRESENT: William Blosser, Tim Stranko, Sam Loretta, Ron Dulaney, Jr. Carol Pyles, Julie Robison and Bill Petros COMMISSIONERS ABSENT: Peter DeMasters and Michael Shuman STAFF PRESENT: Christopher M. 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 November 9, 2017 meeting minutes. Dulaney noted the word “not” should be included in the second paragraph of Page 2, to read “would not exclude”. Stranko moved to approve as amended; seconded by Blosser. Motion carried unanimously with Robison abstaining due to absence. IV. UNFINISHED BUSINESS: A. 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. Fletcher referred to the memorandum in the meeting packet, stated the applicant has withdrawn the application for MNS17-03, and that no further action by the Commission was necessary. V. NEW BUSINESS: A. MNS17-15 / Mallon Estate / 109.5 Ridgeley Road: Request by Elizabeth Cilella, on behalf of Wayne Garett, Esq., for minor subdivision approval of property located at 109.5 Ridgeley Road; Tax Map 14, Parcels 427, 428, and 429; R-1A, Single-Family Residential District. Fletcher presented the Staff Report. Morgantown Planning Commission Page 1 of 6 December 14, 2017 Minutes 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 portion closed and asked for Staff recommendations, which were read by Fletcher. Robison asked if the existing accessory structure would become a principal structure after the parcels are separated. Fletcher confirmed. Stranko moved to approve MNS17-15 with the Staff recommended conditions; seconded by Dulaney. Motion carried unanimously. B. MNS17-16 / Shaw / 1141 Windsor Avenue: Request by Christine Shaw for minor subdivision approval of property located at 1141 Windsor Avenue.; Tax Map 6, Parcels 35.2 and 35.3; R-1, Single-Family Residential District. Fletcher presented the Staff Report. 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 portion closed and asked for Staff recommendations, which were read by Fletcher. Stranko moved to approve MNS17-16 with the Staff recommended conditions; seconded by Blosser. Motion carried unanimously. C. MNS17-17 / Maroon / 0 French Quarters Drive: Request by Landmark Surveying Company, on behalf of Michael Maroon, for minor subdivision approval of property located adjacent to 24 French Quarters Drive; Tax Map 55B, Parcels 6 and 31; R-1A, Single-Family Residential District. Fletcher presented the Staff Report. Blosser asked if there was a power line right-of-way. Fletcher confirmed and noted he is not familiar with the easement restrictions. Blosser asked if the house is being constructed within the power line right-of-way. Fletcher stated he is not sure of the physical relationship of the building to location of the right-of-way. There being no further 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 portion closed and asked for Staff recommendations, which were read by Fletcher. Stranko moved to approve MNS17-17 with the Staff recommended conditions; seconded by Dulaney. Motion carried unanimously. D. MNS17-18 / Turak / 1229 Milton Street: Request by Jason Turak for minor subdivision approval of property located at 1229 Milton Street; Tax Map 24, Parcel 4; R-1A, Single-Family Residential District. Fletcher presented the Staff Report. Morgantown Planning Commission Page 2 of 6 December 14, 2017 Minutes Loretta asked if the existing house will meet the side setback requirement after the parcels are separated. Fletcher stated that the survey would determine the location of the house distance between the proposed interior parcel boundary. There being no further 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 portion closed and asked for Staff recommendations, which were read by Fletcher. Fletcher referred to Addendum A in the Staff Report and stated Staff had concerns with adjusting lines towards Darst Street as Parcel C is a corner lot and the side setback along Darst is wider than the normal interior side setback. Petros asked if there is a possibility for encroachment on the existing house and if that would create a nonconforming lot if approved. Fletcher stated there is no way to know until a survey is completed. Petros asked why the Commission would approve the subdivision request prior to having a survey complete. Fletcher stated surveys are not required for preliminary plat submission and explained that the lot lines and boundaries illustrated are an approximate measurement. A survey is not required at preliminary plat submission to avert additional surveying costs for the applicant should the Commission require subdivision plan modifications. Dulaney asked what would happen if the house is encroaching on the lot lines. Fletcher the final plat could not be signed by the Commission President or recorded. Fletcher stated the Commission could include a condition that would not permit the subdivision to occur as requested should the existing house be on or over the lot line. Stranko asked for explanation on the Planning Commission’s authority regarding subdivisions that result in nonconforming setbacks. Fletcher explained that if a subdivision request meets all related lot area and dimension requirements, then the matter is considered a ministerial act leaving little discretionary decision-making authority or ability to defend a denial. Dulaney inquired if the Commission would not be responsible if a variance is necessary to develop lots after approval. Fletcher confirmed. Stranko moved to approve MNS17-18 with the Staff recommended conditions; seconded by Pyles. Loretta inquired about the condition that was mentioned by Fletcher regarding a survey to confirm no encroachments on the existing structure. Fletcher stated he craft such a condition should the Commission desire, but restated that the Commission President would not be able to sign the final plat that resulted in a building crossing parcel boundary lines. Fletcher explained that if the lot lines are found to be closer to the existing structure, then it would result in a nonconforming setback and not a nonconforming parcel. He noted that the structure could be razed and removed and then built to meet setback standards. Fletcher noted that if the surveyor finds that the interior lot lines cut through the building then a plat could not be signed and recorded and therefore the issue takes care of itself. Stranko referred to the plans in the Staff Report that suggest the lots are being divided into conforming parcels. Fletcher noted that the plans were provided by the applicant as an Morgantown Planning Commission Page 3 of 6 December 14, 2017 Minutes illustration to explain the requested geometry of the subdivision and are not exact measurements that would otherwise be provided in the final survey plat. Fletcher referred Addendum A and explained that new parking for the existing single-family dwelling would be created to the left of the house and accessed from Milton Street. Commissioners discussed building orientation, setbacks and width of future homes that could be built on the new parcels. Petros asked if they are approving the request on the setback submitted. Fletcher confirmed and explained that a variance would need to be sought should the owner of the existing single- family dwelling want to construct an addition if the addition increased the extent of the nonconforming setback. Stranko noted that a survey is not required to approve a minor subdivision and expressed they are penalizing the applicant for a process that didn’t deliver all the necessary information. Fletcher suggested that the petition could be tabled and additional information requested from the applicant. He added that he could ask the petitioner to consider other configurations. Stranko asked if the petitioner was on a time constraint for the minor subdivision approval. Fletcher stated he could not speak to that on behalf of the applicant. Stranko withdrew his original motion to approve MNS17-18. Stranko moved to table MNS17-18 to the January 11, 2018 Planning Commission hearing; seconded by Robison. Motion carried unanimously. E. TX17-12 / Administrative / Nonconforming Signs: Administratively requested Zoning Text Amendments to Article 1373.07 concerning nonconforming sign provisions. Fletcher presented the Staff Report. 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 portion closed and asked for Staff recommendations, which were read by Fletcher. Dulaney asked why the phrase “unless a variance from the terms of this article is obtained from the Board of Zoning Appeals” needs added to this text amendment and why its not added to anything else for which a variance might be requested by the Board of Zoning Appeals. Fletcher explained nonconforming provisions within a zoning ordinance are often viewed separate from the rest of the zoning regulations because the specifically address policy and procedures for matters that are not in compliance with zoning requirements. The proposed amendment reflects policy provisions common to nonconforming provisions. Loretta asked if a nonconforming structure could be enlarged if granted variance approval by the Board of Zoning Appeals. Fletcher confirmed and noted that South Park has a lot of nonconforming structures and provided further explanation for the right to due process for a nonconforming variance request. Morgantown Planning Commission Page 4 of 6 December 14, 2017 Minutes Stranko moved to forward a favorable recommendation to City Council to amend the Planning and Zoning Code as presented; seconded by Loretta. Motion carried unanimously. VI. OTHER BUSINESS A. Committee Reports • Collaborative Planning Advisory Committee: ‒ Fletcher stated a draft of the Urban Growth Boundaries State Code amendments has been submitted to the City Manager’s Office. • Traffic Report: No report. • Green Team: No report. • Staff Comments: ‒ Fletcher reminded the Commission that the 2018 Election of Leadership will be on the January 2018 Agenda. ‒ Fletcher noted the Commission’s 2017 Annual Report to City Council will be on the January 2018 Agenda. ‒ Fletcher noted a workshop continuing the discussion concerning Mixed and Multi-Use Nonresidential will follow the January 2018 hearing. ‒ City Council has prepared a Strategic Plan, which identifies the issue of inclusionary housing as a prioritized item. Staff is preparing a white paper concerning how zoning regulations impact housing and will be distributed to the Planning Commission in January or February for discussion. ‒ Staff is preparing a white paper concerning medical cannabis and the City’s Planning and Zoning Code, which will be distributed in January or February. Staff may request a related workshop. ‒ The text amendment for “Hostel’s” was reviewed by City Council and will be moved to the agenda after City Administration provides additional information concerning hotel/motel tax obligations and whether provisions can be included requiring industry association membership with minimum operating standards. VII. FOR THE GOOD OF THE COMMISSION: Stranko stated he was interviewed and re- appointed for another term and noted that City Council is pleased with the work of the Planning Commission. Stranko stated that City Council is interested in translating the Comprehensive Plan into the Planning and Zoning Code. VIII. ADJOURNMENT: 7:29 p.m. Morgantown Planning Commission Page 5 of 6 December 14, 2017 Minutes MINUTES APPROVED: January 11, 2018 COMMISSION SECRETARY: _____________________________ Christopher M. Fletcher, AICP Morgantown Planning Commission Page 6 of 6 December 14, 2017 Minutes