Planning Commission

MORGANTOWN PLANNING COMMISSION MINUTES 6:30 p.m. March 8, 2018 Council Chambers COMMISSIONERS PRESENT: Peter DeMasters, William Blosser, Ron Dulaney, Jr., Sam Loretta, Bill Petros, Carol Pyles, Julie Robison, Michael Shuman, and Tim Stranko COMMISSIONERS ABSENT: None STAFF PRESENT: Christopher M. 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 February 8, 2018 meeting minutes. Robison noted a correction. Stranko moved to approve as presented with correction; seconded by Dulaney. Motion carried unanimously. IV. UNFINISHED BUSINESS: None. V. NEW BUSINESS: A. MNS18-03 / NCHI / 1330 Richwood: Request by Michael L. Anderson, on behalf of NHCI, for minor subdivision approval of property located on Richwood Avenue; Tax Map 24, Parcel 148; R-1A, Single-Family Residential District. Fletcher presented 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 asked for Staff recommendations, which were read by Fletcher. Stranko moved to approve MNS18-03 with the Staff recommended conditions; seconded by Shuman. Motion carried unanimously. B. MNS18-04 / Taft / 590 Preston Road: Request by George Armistead, on behalf of Robert B. Taft, Jr., for minor subdivision approval of property located at 590 Preston Road.; Tax Map 30, Parcel 40.1; R-1A, Single-Family Residential District. Fletcher presented the Staff Report and provided further explanation. Morgantown Planning Commission Page 1 of 7 March 8, 2018 Minutes Stranko asked if evidence of the easement would be a Staff recommended condition. Fletcher confirmed and stated the condition is listed in the Staff Report. 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 MNS18-04 with the Staff recommended conditions; seconded by Shuman. Motion carried unanimously. C. MNS18-05 / Sabraton Station / 1632 Deckers Creek Blvd: Request by Steven L. Barnes, on behalf of Sabraton Station, for minor subdivision approval of property located at 1632 Deckers Creek Blvd; Tax Map 33 and 34, Parcels 3, 4, 5, 5.1, 6, 7, and 10; B-2, Service Business District. Fletcher presented 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 asked for Staff recommendations, which were read by Fletcher. Stranko moved to approve MNS18-05 with the Staff recommended conditions; seconded by Dulaney. Motion carried unanimously. D. MNS18-06 / Mon County Habitat for Humanity / 1297 Jerome Avenue: Request by Shawnda Cook, on behalf of Mon County Habitat for Humanity, for minor subdivision approval of property located at 1297 Jerome Avenue; Tax Map 24, part of Parcel 41; R-1A, Single-Family Residential District. Fletcher presented 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 asked for Staff recommendations, which were read by Fletcher. Robison moved to approve MNS18-06 with the Staff recommended conditions; seconded by Petros; Motion carried unanimously. E. S18-02-III / Highland Climbing and Fitness / Eljadid Street: Request by Trevor Lloyd of Cheat Road Engineering, LLC, for Type III Development of Significant Impact Site Plan approval for an Indoor Commercial Recreation Facility with additional retail and restaurant space; Tax Map 33, Parcel 51.3; B-2, Service Business District. Fletcher presented the Staff Report. DeMasters recognized Trevor Lloyd of Cheat Road Engineering, on behalf of Highland Climbing and Fitness, who stated the floodway takes up half of the development site and per City Floodplain Management Ordinance, they are not allowed to build anything that affects storage Morgantown Planning Commission Page 2 of 7 March 8, 2018 Minutes volume of water and the variances requested are based off of the parking lot having to be a certain level. Lloyd stated they are removing a berm that should improve the flood conditions and there will be a separate storm water system located under the parking lot. In response to related questions, Lloyd provided further explanation on the design of the parking lot and the stormwater management plans. Stranko asked why there is not a sidewalk proposed across the frontage of the property. Lloyd explained there will be a partial sidewalk connecting from “KFC” but noted that Eljadid Street curves to the left away from the property. Fletcher noted that the area questioned also has several utility poles and constructing a sidewalk would be irregular in shape. Dulaney expressed that the need for variances is due to the size of the building and the parking associated with the project. Lloyd stated the parcel is irregular in shape, which causes challenges and restrictions, thus the need for variances. Dulaney expressed it would be nice to have the sidewalk connect to the Deckers Creek rail-trail to create pedestrian accessibility. DeMasters recognized John Brokart, co-owner of Highland Climbing and Fitness, who stated they would like to encourage pedestrian access to the facility and have considered long-term plans to build a connecting bridge. Lloyd stated the developers have considered a connecting sidewalk or a bridge in the future. Stranko asked what types of businesses would be located in the retail portions of the building. Lloyd stated they had a traffic study done with the businesses planned for the retail section and they would be submitting it along with the permit package to the City in the near future. Petros noted that MUB has planned to build a reservoir upstream and asked if that would affect the flood plain. Stranko noted the reservoir mentioned is planned for a different watershed area. Robison referred to the variance for the setback encroachments and inquired if the plans included building up a portion of the development so it mitigates the encroachment. Fletcher provided further explanation on the encroachment and how the building will be erected along with the geometry of the parcel. Robison asked if Fletcher had any concerns with the development in the floodplain given the perimeters proposed. Fletcher noted that most of Sabraton is located in different zones of the floodplain management areas and stated the Engineering Department will review the project to ensure requirements are met under related floodplain regulations. Lloyd noted the removal of the berm will create more storage volume for Deckers Creek. DeMasters recognized Chris Bailey of Rising Sun Construction who provided further explanation on how the removal of the berm will increase storage on the property and help to reduce flooding downstream. Dulaney asked if the berms would have to be taken down as a floodplain requirement. Fletcher stated the berms are not required to be removed and noted the developers are using the berms to benefit floodplain management by reducing the elevation of the parking area and to raise the elevation of the proposed building. Morgantown Planning Commission Page 3 of 7 March 8, 2018 Minutes Robison referred to the landscaping variance and questioned why more parking relief is not requested as they could still include the landscaping so there is not one massive parking lot. Lloyd stated they would have to expand the parking lot, which would encroach more into the side yard setback and that is not attainable with the topography. Lloyd noted the isle widths are larger than required. Fletcher provided further explanation on the landscape areas, parking, and drive aisle widths. He noted Staff would rather see a loss of landscaping along the creek to maximize safety within the parking area. Dulaney expressed they should consider the viewshed from the Deckers Creek rail-trail. Lloyd agreed and provided further explanation on the side yard and stated there will be plenty of room for trees, screening and buffers. Dulaney questioned if the number of variances proposed would set a precedent for future projects. Stranko expressed that variance petitions are reviewed on a case-by-case basis and the said parcel would be unproductive without approved variances due to the odd location. Commissions questioned if the Planning Commission sends recommendations for variances to the BZA after approval of the site plan. Fletcher further explained the Planning Commission only grants site plan approval of the project, with conditions that variances must be approved in order to move forward with the project. He noted the project will not go forward if the variances are not granted by the BZA and they would need to present a new site plan to the Planning Commission. Fletcher provided further explanation on the role of the Planning Commission and stated approval considerations reflect Comprehensive Plan considerations. Fletcher noted a Staff Report would be prepared concerning the variances for the BZA that will include the site plan decision and related conditions of the Planning Commission. Fletcher further explained the variances proposed and what recommendations Staff is considering including in the BZA’s Staff Report. Dulaney expressed concerns with the proposed sidewalk and felt it needs to be extended to the Decker’s Creek rail-trail. Stranko asked if they could make it a condition that the sidewalk would connect from the building to the bridge. Brokart and Bailey stated they are interested in connectivity to the rail-trail and noted they would work with the City to provide the sidewalk. Fletcher suggested changing the condition in the Staff Report concerning the sidewalks to include extending to a point designated by the City Engineer, given the fact the road curves away from the petitioner’s site, unknown variables concerning which side of the street a future connection to the rail-trail should follow, and unknown variables concerning utility pole obstructions and stormwater inlets. Stranko agreed and asked that the developers work with Staff. Bailey expressed they want to bring new architecture to the area and noted they intend to have a lot of bicycle traffic. Bailey expressed they will overcome the minimum parking requirement by encouraging people to ride or walk to the establishment. Morgantown Planning Commission Page 4 of 7 March 8, 2018 Minutes Dulaney expressed favor in the project and said he would rather see less parking spaces in order to maintain the landscape buffers. Lloyd noted that they will be working with Mon Power to install lights on their existing poles to ensure adequate light on the parking lot. Lloyd distributed a hard copy of the preliminary lighting plan to Commissioners. 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. Fletcher noted suggested revisions to the condition related to the sidewalks. Stranko moved to approve S18-02-III with the Staff recommended revised conditions; seconded by Robison. Motion carried unanimously. F. RZ18-01 / Calvary Baptist Church – South Baptist Convention / 519 Burroughs Street: Request by Joseph V. Schaeffer, Esq., on behalf of Calvary Baptist Church | South Baptist Convention, for a Zoning Map Amendment to reclassify a portion of Parcel 33, Tax Map 55 from R-1, Single-Family Residential District to B-2, Service Business District. Fletcher noted public comments received by Staff following meeting packet distribution were placed at Planning Commissioners’ seats. Fletcher presented the Staff Report. DeMasters recognized Jim Walls, attorney appearing on behalf of Calvary Baptist Church – South Baptist Convention, who provided further explanation of the parcel in consideration and noted surrounding parcels including “The Wine Bar” and “Burroughs Place” were previously rezoned. Walls provided visuals to further explain the parcel, topography, and surrounding structures. Walls asked for help in rescuing this unproductive parcel and stated the proposed map amendment is consistent with the Comprehensive Plan. Walls provided information on traffic studies conducted on Burroughs Street and stated the outcome of those studies show increased traffic that would be found on a commercial street and expressed that Burroughs Street is not a residential street. Petros asked if access could be obtained through Eastern Avenue instead of Burroughs Street. Walls stated that the church needs money and the subject parcel will not sell as an R-1 lot and provided further explanation on why he feels the lot is not residential but rather commercial. Walls reiterated that the parcel is unproductive as an R-1 classified parcel. DeMasters asked what the reasons were for the petitioner having to come back before the Planning Commission. Walls stated the two reasons were that: (1) the Monongalia County Circuit Court determined the petitioner did not have standing as the lot was not subdivided before subdivision approval expiration; and, (2) to try again with the Planning Commission and City Council. DeMasters asked how the area has changed since the implementation of the Comprehensive Plan in 2013. Walls stated he believed they need to prove that the proposed amendment is consistent with the Comprehensive Plan and expressed they do not need to show how the area Morgantown Planning Commission Page 5 of 7 March 8, 2018 Minutes has changed. Walls reiterated that the proposed amendment is consistent with the Comprehensive Plan as a corridor enhancement area. Loretta asked if they do not believe it is in a limited growth area. Walls stated that corridor enhancement areas overlays and takes precedence over the limited growth areas. Petros referred to the Addendum in the Staff Report and questioned if the ingress and egress to the parcel would be a safety concern as it is a narrow area with a blind spot. Walls stated there are many options that could go on the parcel but explained that access approvals would come from the WVDOH. Dulaney referred to the Staff Report and noted the position of Staff is that the rezoning would not maintain or enhance the surrounding neighborhood. Walls disagreed with that position and stated the parcel is in a corridor enhancement area which takes precedence over the other limiting factors. DeMasters asked how the rezoning would enhance the area. Walls stated the rezoning would allow them to use their property to the fullest and highest use and will add value to the area. Robison asked if the petitioner met with the neighborhood. Wall stated they met with the neighborhood the first time but did not feel it was necessary to meet again as it might not be fruitful. Walls stated there are only a few houses that can see the property and they have a rear setback of 20 feet to maintain the buffer. Walls expressed he did not feel another meeting would change their position. Dulaney expressed that saying there are only a few houses seems dismissive and asked how the rezoning would allow those people to maintain their quality of life. Walls stated he did not mean to be dismissive but stated that if they meet the criteria for rezoning then it should be granted as the church has a right to develop their property to its fullest and highest use. Walls stated a B-2 use is preferred in corridor enhancement areas and reiterated the parcel is not a residential lot and Burroughs is not a residential street. Petros suggested changing the orientation to minimize the R-1 encroachment. Stranko noted there are options of geometry to the parcel that would not require a map amendment. Dulaney asked for the setbacks for a B-2 zoning district. Fletcher referred to the Planning and Zoning Code to provide further explanation on setbacks and how a parking lot can be orientated within the parcel. Loretta noted that a building could go on that parcel in the future. Walls stated he did not know if a parking lot was planned for the property. Walls stated that the parcel was made unusable for a single-family home when Burroughs Place was rezoned from R-1 to B-2. There being no further comments or questions by the Commission, Loretta asked if anyone was present to speak in favor of or in opposition to petition. DeMasters recognized Vinod Kulathumani of 13 French Quarter Drive who opposed the map amendment position with the biggest reasons being risk of safety and privacy, flooding and a sink hole. Kulathumani noted the setback distance of the new parcel from the church is 100 feet and questioned why the same setback was not afforded homes along French Quarter Drive. Morgantown Planning Commission Page 6 of 7 March 8, 2018 Minutes DeMasters recognized Sam Ameri of 5 French Quarter Drive who stated he would be impacted by the map amendment with the drainage and expressed the importance of needing privacy. Ameri stated the parcel would become a parking lot for the Wine bar and expressed concerns with safety. DeMasters recognized Yuxin Liu of 17 French Quarter Drive who stated he opposed the map amendment as his house abuts the property and would be affected by loss of sunlight and expressed concerns with safety and privacy. Yuxin noted he submitted a letter of opposition to Staff with pictures to show his house in relation to the property. There being no further comments, DeMasters offered a chance for rebuttal to the petitioner. Walls declined to provide a rebuttal. DeMasters declared the public portion closed and asked for Staff recommendations, which were read by Fletcher. Stranko moved to submit a recommendation to City Council to deny Case No RZ18-01 with the finding that the proposed rezoning is not consistent with the 2013 Comprehensive Plan and there are no anticipated changes that have occurred since the adoption of the plan that would support or justify the applicant’s proposed change. Fletcher asked if the stated findings were in addition to the findings presented in the Staff Report. Stranko confirmed. The motion was seconded by Robison. The motion carried 8-0, with Shuman abstaining. Fletcher reminded the Commission its bylaws provide that an abstention, except on matters involving conflicts of interest, are recorded in the minutes as an affirmative vote on the motion. VI. OTHER BUSINESS A. Committee Reports • Collaborative Planning Advisory Committee: No report. • Traffic Report: Blosser stated that road work will be starting on Route 705 and advised the public to plan accordingly. • Green Team: No report. • Staff Comments: None. VII. FOR THE GOOD OF THE COMMISSION: None. VIII. ADJOURNMENT: 9:16 p.m. MINUTES APPROVED: April 12, 2018 COMMISSION SECRETARY: _____________________________ Christopher M. Fletcher, AICP Morgantown Planning Commission Page 7 of 7 March 8, 2018 Minutes