Planning Commission

MORGANTOWN PLANNING COMMISSION MINUTES 6:30 p.m. June 14, 2018 Council Chambers COMMISSIONERS PRESENT: William Blosser, Ron Dulaney, Jr., Sam Loretta, Bill Petros, Carol Pyles, Julie Robison, and Tim Stranko 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 April 12, 2018 meeting minutes. Dulaney moved to approve as presented; seconded by Stranko. Motion carried unanimously with Loretta and Pyles abstaining due to absence. B. Approval of the May 10, 2018 meeting minutes. Robison moved to approve as presented; seconded by Dulaney. Motion carried unanimously with Stranko and Petros abstaining due absence. IV. UNFINISHED BUSINESS: None. V. NEW BUSINESS: A. MNS18-11 / Grushecky / 661 Nueva Drive: Request by Shawn Grushecky for minor subdivision approval of property located at 661 Nueva Drive; Tax Map 54, Parcels 140 and 228.1; R-1, Single-Family Residential District. Fletcher presented the Staff Report. Pyles recognized Shawn Grushecky of 661 Nueva Drive who stated he may not build the garage, but he would like to go forth with the subdivision as the retaining wall will need replaced. Grushecky noted he would like to record the changes as a new deed covenant rather than having a new survey completed. 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. Morgantown Planning Commission Page 1 of 4 June 14, 2018 Minutes Fletcher noted Staff inadvertently omitted a condition that would allow the petitioner to place a covenant notation on the recorded deeds. Stranko moved to approve MNS18-11 with the amended Staff recommended conditions; seconded by Dulaney. Motion carried unanimously. B. MNS18-12 / Tucker / 1127 Munsey Street: Request by Allan Witschi, on behalf of Susan Tucker, for minor subdivision approval of property located at 1127 Munsey Street; Tax Map 55, Parcel 58; R-1, Single-Family Residential District. Fletcher presented the Staff Report. Pyles recognized Susan Tucker of 1127 Munsey Street who concurred with the Staff Report. Stranko noted the Staff Report suggest a reconfiguration of parcels and asked if the petitioner is in agreement to rearrange the parcels. Tucker stated she did not feel the Staff Report suggested reconfiguration of parcels. Fletcher referred to the Staff Report to provide further explanation to the petitioner on the reconfiguration of parcels. Fletcher noted that the suggestion made in the Staff Report would negate the need for the Planning Commission to consider a variance. Loretta suggested a condition be included that the maintenance of the easement be shared by the owners of all three parcels. Tucker stated she intends to do this on a separate document as each parcel is conveyed that will require the owner of each parcel to share in the maintenance of the easement. 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 MNS18-12 with the Staff recommended conditions; seconded by Loretta. Motion carried unanimously. C. MNS18-13 / Kirby / 504 Globe Avenue: Request by Matthew R. Kirby for minor subdivision approval of property located at 504 Globe Avenue; Tax Map 40, Parcels 526 and 527; R-1A, Single-Family Residential District. Fletcher noted the petitioner was not present and offered for Staff to represent the petition. Fletcher presented the Staff Report. 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 MNS18-13 with the Staff recommended conditions; seconded by Robison. Motion carried unanimously. Morgantown Planning Commission Page 2 of 4 June 14, 2018 Minutes  D. TX18-03 / Administrative / Residential Setbacks in Developed Blocks and Residential Lighting: Administratively requested Zoning Text Amendments to Articles 1329 and 1363 and Articles 1333, 1335, 1337, and 1339 of the City’s Planning and Zoning Code relating to front setbacks for newly constructed residential dwellings located in blocks with 75% or more of parcels occupied by buildings and to residential lighting, respectively. 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. Loretta asked if anything can be done about lights shining into windows. Petros inquired how to define the word “glare”. Fletcher stated that glare could be interpreted differently by people and noted that staff would not patrol for lighting and would only investigate if a complaint is made. Further discussion ensued regarding glare and illumination on neighboring properties and what would be defined as a nuisance. Petros asked how the City would decide if a light is a nuisance without some sort of measurement. Dulaney suggested changing the wording to note that lighting would not be directed toward an adjoining property or a right-of-way. Fletcher stated that altering the proposed revisions to provide for a standard unit of measuring lumens would require the City to purchase equipment, train and possibly certify staff in the use of the equipment, and possibly more. Stranko did not feel a measurement was necessary and suggested lighting be directly reflected on host property. Dulaney referred to a previous text amendment and read aloud the definition for the word “glare”. Commissioners discussed types and levels of lighting to find a way and remove the subjectivity in the amendment. Dulaney suggested using the words “directed” and “shielded” and remove the word “glare”. Fletcher expressed the term “glare” is important, as there are operative terms to assist in determining dangerous or nuisance conditions. Stranko expressed the definition of “glare” is good enough and agreed with Dulaney’s suggestion with using the word “shielded”. Dulaney noted that the word “shielded” is within the definition of “glare” and therefore does not feel the verbiage needs changed in the proposed amendment. Commissions agreed the definition is subjective. Fletcher expressed staff recommended revisions were purposely intended not to be a set of black and white standards to permit flexibility Morgantown Planning Commission Page 3 of 4 June 14, 2018 Minutes in those cases were light trespass could be permitted provided it did not create a glare condition to advance public safety improvement opportunities. Fletcher explained that in the event of a complaint, Staff would be sent to property to investigate and determine if the lighting creates a glare condition, as defined. Staff would then ask for removal of the light and issue a citation if the owner does not comply and from that point it would go before the Municipal Court. Petros expressed concerns with not having a measurement to enforce lighting standards. Fletcher noted a footcandle study would be costly in addition to hiring a third-party engineer to test the lighting in the event a complaint is made. Fletcher stated the intent is to have something in City code to protect neighbors and noted he would work with developers to establish an acceptable lighting plan. Stranko made a motion to forward a favorable recommendation to City Council under Case No. TX18-03 as presented by Staff; seconded by Blosser. Motion carried 6-1 with Petros voting nay. VI. OTHER BUSINESS A. Committee Reports • Collaborative Planning Advisory Committee: No report. • Traffic Report: No report. • Green Team: No report. • Staff Comments: ‒ Fletcher stated there are no petitions scheduled for the Commission’s July 2018 PC as of yet, but noted there is a text amendment for medicinal cannabis that will be included on the August 2018 agenda. VII. FOR THE GOOD OF THE COMMISSION: • Petros expressed concern shared by Evansdale neighbors of power poles along University Avenue in the Evansdale neighborhood. Concerns of old utility poles that have not been removed, damaged poles that have not been address, and the fact utilities should be buried. Fletcher noted he would forward the concern to the City Manager. Dulaney noted he would share forward the concern to City Council during un upcoming meeting. VIII. ADJOURNMENT: 7:40 p.m. MINUTES APPROVED: August 9, 2018 COMMISSION SECRETARY: _____________________________ Christopher M. Fletcher, AICP Morgantown Planning Commission Page 4 of 4 June 14, 2018 Minutes