Planning Commission

MORGANTOWN PLANNING COMMISSION MINUTES 6:30 p.m. October 11, 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 September 13, 2018 meeting minutes. Stranko moved to approve as presented; seconded by Petros. Motion carried unanimously. B. Approval of the 2019 Planning Commission Hearing Calendar. Dulaney moved to approve as presented; seconded by Stranko. Motion carried unanimously. IV. UNFINISHED BUSINESS: A. MNS18-14 / Maust / 450 Posten Avenue: Request by Gary Maust for minor subdivision approval of property located at 450 Posten Avenue; Tax Map 36, Parcels 379 and 382; R-1A, Single-Family Residential District. TABLED AT 13 SEP 2018 HEARING. A motion to remove from the table made by Stranko; seconded by Blosser. Motion carried unanimously. Fletcher presented the revised Staff Report, correcting previous miscommunication of applicant’s subdivision objectives. DeMasters recognized Gary Maust of 108 Marcus Drive who concurred with 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 MNS18-14 with Staff recommended conditions; seconded by Blosser. Motion carried unanimously. Morgantown Planning Commission Page 1 of 5 October 11, 2018 Minutes V. NEW BUSINESS: A. MNS18-18 / Callegari / 166 Diamond Avenue: Request by Joseph Callegari for minor subdivision approval of property located at 166 Diamond Avenue; Tax Map 43, Parcels 21 and 22; R-1A, Single-Family Residential District. Fletcher presented the Staff Report. DeMasters recognized Joseph Callegari of 166 Diamond who stated the subdivision is necessary in order to construct a house on the property. Blosser noted the street encroaches on the property and asked if that would cause problems in the future. Callegari expressed he did not have concerns with the location of the road and stated they would work around it with the City. Blossed noted the steep grade on the property. Callegari stated he has spoken with the City Engineer’s Office who suggested ways to position the house on the property and noted he is happy to work with the City to ensure the structure meets all codes and regulations. 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 MNS18-18 with Staff recommended conditions; seconded by Blosser. Motion carried unanimously. B. MNS18-19 / Holloway / 2018 Eugeniva Avenue: Request by Kenneth Holloway for minor subdivision approval of property located at 2018 Eugeniva Avenue; Tax Map 44, Parcels 117 and 118; 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. Dulaney moved to approve MNS18-19 with Staff recommended conditions; seconded by Robison. Motion carried unanimously. C. MNS18-20 / Tucker / 1127 Munsey Street: Request by Alan Witschi, on behalf of Susan B. 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. DeMasters recognized Susan Tucker of 1127 Munsey Street who stated the new plan is modified slightly from what was presented at a previous Planning Commission hearing to allow for the desired house plan to fit and meet all Planning and Zoning code regulations. Morgantown Planning Commission Page 2 of 5 October 11, 2018 Minutes 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. Loretta made a motion that the owners of the three parcels share the right-of-way maintenance equally. DeMasters stated this would have to be acted on as a separate agreement with the owners and should not be included as a condition with the subdivision approval. The motion died for a lack of second. Stranko moved to approve MNS18-20 with Staff recommended conditions; seconded by Shuman. Motion carried unanimously. D. TX18-06 / Administrative / B-1 District Performance Standards: Administratively requested Zoning Text Amendments to Article 1345 of the City’s Planning and Zoning Code relating to performance standards for new construction in the B-1 District. Fletcher presented the Staff report. Dulaney referred to Addendum’s A and B in the Staff Report asked for further clarification of the relationship between Article 1361.03(O)(1) and Article 1345.07(D). Fletcher stated that the provisions referenced in Addendum A are specific to the Sunnyside Overlay Districts and provided further clarification on the locations of the B-1 Districts, noting there are no B-1 Districts within the Sunnyside Overlay Districts. Dulaney inquired if the proposed B-1 District fenestration revisions should maintain consistency with the fifty percent fenestration ratio in the Sunnyside Overlay District. Fletcher stated that Staff is working on preparing a number of text revisions to the Sunnyside Overlay District provisions, including fenestration, as a result of the number of variances related approved by the BZA. Dulaney expressed concern with not requiring some level of fenestration above the ground floor. Fletcher noted Building Code provisions will most likely address minimum window requirements to ensure adequate light, particularly for upper-floor dwelling units. Stranko asked if this would apply to both mixed use and non-residential. Fletcher noted the proposed text revisions will address nonresidential buildings in the B-1 District, as mixed-use buildings already have the identical fenestration standard, regardless of zoning classification. The proposed text revision ensures consistency in the B-1 District across building types. 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 forward a favorable recommendation for Case No. TX18-06 to City Council as presented by Staff; seconded by Shuman. Motion carried unanimously. Morgantown Planning Commission Page 3 of 5 October 11, 2018 Minutes  E. TX18-07 / Administrative / Coffee/Tea Shop Uses: Administratively requested Zoning Text Amendments to Sections 1329.02, 1331.05, and 1331.06 of the City’s Planning and Zoning Code relating to “Coffee/Tea Shop” uses. Fletcher presented the Staff Report. Petros asked if a drive thru would be allowed in the R-1A, R-2, or R-3 Districts. Fletcher referred to the Planning and Zoning Code and stated “Drive-Through Facilities” are not permitted in the residential districts. Petros asked for parking requirements of the use. Fletcher referred to the “Restaurant” parking requirements in the Planning and Zoning Code. DeMasters asked if on-street parking would count towards requirement. Fletcher stated that on- street parking is no longer permitted to meet minimum parking requirements. Additional, most of the neighborhoods were this type of use would be permitted are included in residential permit parking districts [blue curb areas]. Petros asked if this use would only be permitted in one parcel. Fletcher stated a subdivision would be possible to assemble parcels, but that would be up to the developer. Fletcher referred to the Staff Report to provide further explanation on the proposed maximum gross floor area and eating area requirements. Blosser asked if this use could be eliminated from the R-1A Districts. Fletcher stated that would be a recommendation decision of the Planning Commission. Dulaney asked if a coffee shop could be opened in a portion of a single-family dwelling. Fletcher stated that mixed-use buildings are not allowed in the R-1A District, but noted there are pre- existing non-conforming mixed use buildings that would accommodate coffee shop type uses, noting two (2) sites in the Greenmont Neighborhood. Fletcher noted that small business owners are currently altering their business plans in order to meet minimum performance standards for conditional “Neighborhood Convenience Store” uses in the R-1A District, particularly in Greenmont. Fletcher noted the proposed coffee/tea shop use would permit greater flexibility in items offered for sale. Dulaney suggested a conditional use be required for coffee and tea shop uses in the R-1A District. Fletcher agreed and noted that Staff is recommending the same. Petros and Blosser expressed concerns with the possibility of multiple parcels combined to erect a large structure which could then include multiple parking spaces in a residential area. Blosser inquired on hours of operation. Fletcher noted the Board of Zoning Appeals normally restricts hours of operation of businesses in residential areas as a part its conditional use approval process. DeMasters noted the conditional use petitions are considered by the Board of Zoning Appeals on a case-by-case basis, considering the merits and potential impact of each petition. Morgantown Planning Commission Page 4 of 5 October 11, 2018 Minutes Blosser expressed the use would only be acceptable in certain parts of the City. Fletcher referred to certain structures in the Greenmont neighborhood that would benefit from this use. Fletcher also noted walkable neighborhoods served by a sidewalk network are features that would benefit the economic viability of such neighborhood-scaled commercial uses. Blosser expressed concerns with protecting the neighborhoods. DeMasters noted the protection of the neighborhoods would rely on the BZA as they would review each individual case. Fletcher referred to the Planning and Zoning Code to explain the differences in the respective purposes of the R-1 and R-1A Districts, emphasizing the R-1A District’s purpose to, “Provide for single-family neighborhoods on smaller lots, located within convenient walking distance of other uses.” Petros expressed concerns with the parking requirement and increased traffic in the neighborhoods. After further discussion, Board members decided to table the petition to allow Staff to explore further limiting maximum gross floor areas and/or eating areas, and reducing the minimum parking requirement, and reducing the maximum parking requirement, which should serve to increase pedestrian access and reduce potential vehicular traffic increases associated with the proposed “Coffee/Tea Shop” use. Stranko moved to table TX18-07; seconded by Dulaney. Motion carried 8-1, with Shuman voting nay. VI. OTHER BUSINESS A. Committee Reports • Collaborative Planning Advisory Committee: No report. • Traffic Report: No report. • Green Team: No report. • Staff Comments: None. VII. FOR THE GOOD OF THE COMMISSION: None. VIII. ADJOURNMENT: 7:45 p.m. MINUTES APPROVED: November 8, 2018 COMMISSION SECRETARY: _____________________________ Christopher M. Fletcher, AICP Morgantown Planning Commission Page 5 of 5 October 11, 2018 Minutes