Planning Commission

Morgantown Planning Commission MEETING PACKET Thursday, April 11, 2019 6:30 p.m. City Council Chambers Planning Commissioners: Peter DeMasters, 6th Ward President Carol Pyles, 7th Ward Vice-President Sam Loretta, 1st Ward Tim Stranko, 2nd Ward William Blosser, 3rd Ward Bill Petros, 4th Ward Michael Shuman, 5th Ward Gigi Villarreal, Admin. Ronald Dulaney, City Councilor Development Services Department Christopher M. Fletcher, AICP, Director John Whitmore, AICP, Planner III PC MEETING PACKET Page 1 of 40 4/11/19  Planning Commission Pre-Meeting Announcement Good evening and welcome to the regular/special meeting of the City of Morgantown Planning Commission. Please turn off all cell phones or other devices that may disrupt these proceedings. The Planning Commission conducts business in the following order: (1) There will be a general public comment portion when anyone who wishes to address the Planning Commission may do so, but only on matters that are not on the agenda. There will be a five (5) minute time limit for speakers. All recognized speakers must approach the podium, state their name and address for the record, and speak clearly into the microphone. Speakers are notified that irrelevant comments or comments of a personal nature or personal attacks may result in the speaker forfeiting their opportunity to participate in the general public comment portion. (2) We review, amend, and approve minutes of the previous meeting. (3) We consider any Unfinished Business from previous meetings. (4) We move on to New Business items. First, we introduce the item and the Planning Division representative presents the Staff Report. (5) Next, we ask the petitioner to make a presentation. Planning Commissioners may ask the petitioner questions at that time. (6) I will then open a Public Hearing to hear testimony in support of, or in opposition to, the request. Rules regarding public testimony are as follows: (a) Anyone wishing to testify during the public hearing may do so once recognized. Each recognized speaker must approach the podium, state their name and address for the record, and speak clearly into the microphone. (b) All comments must be addressed to the Commission. Speakers are notified that irrelevant comments or comments of a personal nature or personal attacks may result in the speaker forfeiting their opportunity to participate in the public hearing. (c) All speakers will be limited to five (5) minutes. If members of the Commission have any questions of the speaker, that time will not be counted toward the speaker’s five (5) minutes. Morgantown Planning Commission Page 1 of 2 Pre-Meeting Announcement PC MEETING PACKET Page 2 of 40 4/11/19  (d) If there is a large number of speakers, including many who are part of groups or organizations, I may, to avoid repetitive comments, elect to ask for a representative to speak on behalf of the group or organization. (e) I may elect to recognize the applicant/agent at the end of the public hearing to provide rebuttal or additional comments, which will be limited to five (5) minutes. If members of the Commission have any questions of the applicant/agent, that time will not be counted toward the applicant’s/agent’s five (5) minutes. (7) After all testimony is heard, I will declare the Public Hearing closed and no further public comment will be permitted. At that time, no one in the audience may speak again unless a Planning Commissioner asks a question. If someone is asked a question, they must come to the microphone and identify themselves once again before answering. (8) Next, the Planning Commission will discuss and take action on the application. (9) Once the vote is final, members of the audience who were present for that particular case may leave, if they wish. In order not to disrupt the meeting, people who choose to leave must go to the bottom of the stairs before carrying on a quiet discussion. (10) Uncivil, unruly, and/or disruptive behavior at any time during this meeting is prohibited and will result in removal from this public meeting. Thank you for your consideration and respect for these proceedings and the opinions of all meeting participants. Morgantown Planning Commission Page 2 of 2 Pre-Meeting Announcement PC MEETING PACKET Page 3 of 40 4/11/19  Intentional Blank Page PC MEETING PACKET Page 4 of 40 4/11/19  MORGANTOWN PLANNING COMMISSION April 11, 2019 6:30 p.m. Council Chambers President: AGENDA Peter DeMasters, 6th Ward Vice-President: I. CALL TO ORDER AND ROLL CALL Carol Pyles, 7th Ward II. GENERAL PUBLIC COMMENTS – concerning matters not on the agenda Planning Commissioners: Sam Loretta, 1st Ward III. MATTERS OF BUSINESS nd Tim Stranko, 2 Ward A. Approval of the March 14, 2019 meeting minutes. William Blosser, 3rd Ward Bill Petros, 4th Ward IV. UNFINISHED BUSINESS: Michael Shuman, 5th Ward Ronald Dulaney, City Council V. NEW BUSINESS: Gigi Villarreal, City Admin. A. MNS19-05 / Ridgway / 1046 Koontz Avenue: Request by William Ridgway for minor subdivision approval of property located at 1046 Koontz Avenue; Tax Map 6, Parcel 10; R-1, Single-Family Residential District B. MNS19-06 / Berryman / Vine Street and Grant Avenue: Request by Robert D. Berryman for minor subdivision approval of property located along Vine Street (unimproved) and Grant Avenue (unimproved); District 15, Tax Map 15, Parcel 45.1; District 12, Tax Map 15, Parcels 113 and 114.1; R-1, Single-Family If you need an Residential District and R-2, Single- and Two-Family Residential accommodation, please contact 304-284-7431 or VII. OTHER BUSINESS TDD 304-284-7512 A. Committee Reports • Traffic Commission • Other Committees B. Staff Comments VIII. FOR THE GOOD OF THE COMMISSION IX. ADJOURNMENT Development Services Christopher Fletcher, AICP Director Planning Division John Whitmore, AICP Planner III 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 1 of 1 PC MEETING PACKET Page 5 of 40 4/11/19  Intentional Blank Page PC MEETING PACKET Page 6 of 40 4/11/19  MORGANTOWN PLANNING COMMISSION MINUTES 6:30 p.m. March 14, 2019 Council Chambers COMMISSIONERS PRESENT: Peter DeMasters, William Blosser, Ron Dulaney, Jr., Sam Loretta, Bill Petros, Carol Pyles, Michael Shuman, Tim Stranko, and Gigi Villarreal 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 14, 2019 meeting minutes. Stranko moved to approve as presented; seconded by Shuman. Motion carried unanimously. IV. UNFINISHED BUSINESS: A. RZ19-01 / Scott Properties / Jones Street: Request by Gregg Metheny, on behalf of Scott Properties, for a Zoning Map Amendment to reclassify Parcels 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, and 246 of Tax Map 20 from R-2, Single and Two-Family Residential District to R-3, Multi-Family Residential District. TABLED AT 10 JAN 2019 AND 14 FEB 2019 HEARINGS. Stranko moved to remove RZ19-01 from the table; seconded by Shuman. Motion carried unanimous. Stranko moved to postpone further consideration of RZ19-01 until the next regular business meeting following completion and acceptance of the recommendations report on Future Study Area No. 5 by the Planning Commission, with the understanding the petitioner may at any time request the Planning Commission to remove the matter from the table and proceed with consideration and recommendation action thereby safeguarding the petitioner’s right to due process; provided, said request to remove the matter from the table prior to completion and acceptance of the Future Study Area No. 5 Recommendations Report must be submitted in writing by the published application deadline for the following Planning Commission regular business meeting. The motion was seconded by Shuman and carried unanimously. Morgantown Planning Commission Page 1 of 2 March 14, 2019 Minutes D-R-A-F-T PC MEETING PACKET Page 7 of 40 4/11/19  V. NEW BUSINESS: A. MNS19-04 / Zeni / 1244 – 1246 Eastern Avenue: Request by Rosanne Zeni for minor subdivision approval of property located at 1244 – 1246 Eastern Avenue; Tax Map 55, Parcel 72; R-1, Single-Family Residential District Fletcher presented the Staff Report. DeMasters recognized Jan Whitehair who concurred with the Staff Report. Stranko moved to approve MNS19-04 with Staff recommended conditions; seconded by Dulaney. Motion carried unanimously. VI. OTHER BUSINESS A. Committee Reports • Traffic Commission Report – No report. • Other Committees – No reports. • Staff Comments: ‒ Fletcher stated the first community forum for Study Area 5 is planned for some time in April and more information will be forthcoming. VII. FOR THE GOOD OF THE COMMISSION: None. VIII. ADJOURNMENT: 6:40 PM MINUTES APPROVED: COMMISSION SECRETARY: _____________________________ Christopher M. Fletcher, AICP Morgantown Planning Commission Page 2 of 2 March 14, 2019 Minutes D-R-A-F-T PC MEETING PACKET Page 8 of 40 4/11/19  Intentional Blank Page PC MEETING PACKET Page 9 of 40 4/11/19  Intentional Blank Page PC MEETING PACKET Page 10 of 40 4/11/19  MORGANTOWN PLANNING COMMISSION April 11, 2019 6:30 p.m. City Council Chambers President: Peter DeMasters, 6th Ward STAFF REPORT Vice-President: CASE NO: MNS19-05 / Ridgway / 1046 Koontz Avenue Carol Pyles, 7th Ward REQUEST and LOCATION: Planning Commissioners: Request by William Ridgway for minor subdivision approval for property located at 1046 Sam Loretta, 1st Ward Koontz Avenue Tim Stranko, 2nd Ward William Blosser, 3rd Ward TAX MAP NUMBER (s) and ZONING DESCRIPTION: th Bill Petros, 4 Ward Tax Map 6, Parcel 10, R-1, Single-Family Residential District Michael Shuman, 5th Ward Ronald Dulaney, City Council SURROUNDING ZONING: Gigi Villarreal, City Admin. North, East, and South: R-1, Single-Family Residential District West: R-2, Single and Two-Family Residential District BACKGROUND and ANALYSIS: The petitioner seeks to subdivide the subject parcel, commonly known as 1046 Koontz Avenue, into two (2) parcels. Addendum A of this report illustrates the location of the subject site. Parcel 10 of Tax Map 6 is considered a “through” or “double lot”, fronting on Koontz Avenue with a rear parcel boundary on Douglas Avenue. The proposed subdivision would utilize existing parcel configurations for the parcels to the north and south of the site to create an interior parcel boundary as generally illustrated in the image below. 1 2 Page 1 of 2 PC MEETING PACKET Page 11 of 40 4/11/19  MORGANTOWN PLANNING COMMISSION April 11, 2019 6:30 p.m. City Council Chambers President: Parcel 1 would include the existing 1046 Koontz Avenue single-family dwelling and Peter DeMasters, 6th Ward detached accessory garage structure. Parcel 1 would maintain a 79.02 linear foot frontage Vice-President: along Koontz Avenue and would be approximately 11,000 square feet in area. Parcel 2 Carol Pyles, 7th Ward would have a 78.4 linear foot frontage along Douglas Avenue and would be approximately 10,300 square feet in area. Both parcels would exceed the R-1 District’s minimum lot frontage (70 feet) and area standards (7,200 square feet). Planning Commissioners: Sam Loretta, 1st Ward The existing accessory structure’s rear setback would decrease to approximately 5.25 feet nd Tim Stranko, 2 Ward and continue to maintain conformity with accessory structure rear setback requirements William Blosser, 3rd Ward of five (5) feet provided in Section 1331.08(3) Bill Petros, 4th Ward STAFF RECOMMENDATION: Michael Shuman, 5th Ward Ronald Dulaney, City Council Staff recommends approval with the following conditions: Gigi Villarreal, City Admin. 1. That the petitioner submit at least three (3) original final plat documents, including all access/utility easements, signed and sealed by a surveyor licensed in the State of West Virginia for the Planning Commission President’s signature; and, 2. That the final plat is recorded at the Monongalia County Courthouse within thirty (30) days of receiving the executed plat. Enclosure: Application and accompanying exhibits Page 2 of 2 PC MEETING PACKET Page 12 of 40 4/11/19  STAFF REPORT ADDENDUM A MNS19-05 / Ridgway / 1046 Koontz Avenue Clipped from Google Maps Staff Report Addendum A Page 1 of 2 MNS19-05 PC MEETING PACKET Page 13 of 40 4/11/19  STAFF REPORT ADDENDUM A MNS19-05 / Ridgway / 1046 Koontz Avenue Clipped from Google Maps Koontz Avenue Side Part of Tax Map 6 Staff Report Addendum A Page 2 of 2 MNS19-05 PC MEETING PACKET Page 14 of 40 4/11/19 PC MEETING PACKET Page 15 of 40 4/11/19 PC MEETING PACKET Page 16 of 40 4/11/19 PC MEETING PACKET Page 17 of 40 4/11/19 PC MEETING PACKET Page 18 of 40 4/11/19  Intentional Blank Page PC MEETING PACKET Page 19 of 40 4/11/19  Intentional Blank Page PC MEETING PACKET Page 20 of 40 4/11/19  MORGANTOWN PLANNING COMMISSION April 11, 2019 6:30 p.m. City Council Chambers President: Peter DeMasters, 6th Ward STAFF REPORT Vice-President: CASE NO: MNS19-06 / Berryman / Vine Street and Grant Avenue Carol Pyles, 7th Ward REQUEST and LOCATION: Planning Commissioners: Request by Robert D. Berryman for minor subdivision approval for property located along Sam Loretta, 1st Ward Vine Street (unimproved) and Grant Avenue (unimproved) Tim Stranko, 2nd Ward William Blosser, 3rd Ward DISTRICTS NUMBERS, TAX MAP NUMBER (s) and ZONING DESCRIPTION: th Bill Petros, 4 Ward District 15, Tax Map 15, Parcel 45.1; R-1, Single-Family Residential District, and Michael Shuman, 5th Ward District 12, Tax Map 15, Parcels 113 and 114.1; R-1, Single-Family Residential District Ronald Dulaney, City Council and R-2, Single- and Two-Family Residential Gigi Villarreal, City Admin. SURROUNDING ZONING: North: R-1, Single-Family Residential District East: R-2, Single- and Two-Family Residential District R-3, Multi-Family Residential South: R-1, R-2, R-3 West: R-1 BACKGROUND and ANALYSIS: The petitioner, acting as a straw agent, seeks to reconfigure the three (3) subject parcels into six (6) parcels. Addendum A of this report illustrates the location of the subject site. Specifically, owners of six parcels fronting Riverview Drive have acquired portions of the subject three (3) parcels for the purpose of combining their respective portions with their parcels fronting Riverview Drive to protect and preserve existing wooded hillside conditions. Section 1363.02(B)(3) provides the following related guidance. Addendum B of this report illustrates the proposed configuration and associated adjacent parcels to be combined by covenant. Page 1 of 3 PC MEETING PACKET Page 21 of 40 4/11/19  MORGANTOWN PLANNING COMMISSION April 11, 2019 6:30 p.m. City Council Chambers President: The following definitions for “Major Subdivision” and “Minor Subdivision” are provided in Peter DeMasters, 6th Ward Section 1329.02 of the City’s Planning and Zoning Code. Vice-President: Carol Pyles, 7th Ward Planning Commissioners: Sam Loretta, 1st Ward Tim Stranko, 2nd Ward William Blosser, 3rd Ward Bill Petros, 4th Ward Michael Shuman, 5th Ward Ronald Dulaney, City Council It is the opinion of the Planning Division that, although the proposed subdivision provides Gigi Villarreal, City Admin. for the creation of more than four (4) parcels, the correct subdivision classification is “minor” based on the following facts: • The intent and purpose of the subdivision is to protect and preserve the existing wooded hillside conditions of the subject realty and not to create new buildable parcels. • No new street(s) or extensions of local government facilities or the creation of any public improvements are proposed or necessary to support the proposed subdivision. • The petitioner represents that all parties are willing and interested in restricting, by perpetual covenant, their newly created tract to be part and parcel of each respective adjacent tract as presented. • The perpetual covenant provided in Section 1363.02(B)(3) stipulates that only one (1) principal building and its accessory structures are permitted within the perimeter of each of the proposed and adjacent tract. • The covenant stipulates that each of the proposed parcels may not be conveyed or transferred separately without prior Planning Commission approval. STAFF RECOMMENDATION: Staff recommends approval with the following conditions: 1. That the six (6) parcels created herein shall be considered part and parcel with their respective adjacent tract by restrictive covenant as provided in Section 1363.02(B)(3) of the City’s Planning and Zoning Code, which are further explained below and illustrated in Addendum B of the Staff Report for Case No. MNS19-06: • “Parcel 1” labeled on the plat reviewed and approved herein shall become a part of Parcels 37 and 37.1 of Tax Map 15, District 15. • “Parcel 2” labeled on the plat reviewed and approved herein shall become a part of Parcel 39 of Tax Map 15, District 15. Page 2 of 3 PC MEETING PACKET Page 22 of 40 4/11/19  MORGANTOWN PLANNING COMMISSION April 11, 2019 6:30 p.m. City Council Chambers President: • “Parcel 3” labeled on the plat reviewed and approved herein shall become a part Peter DeMasters, 6th Ward of Parcel 40 of Tax Map 15, District 15. Vice-President: • “Parcel 4” labeled on the plat reviewed and approved herein shall become a part Carol Pyles, 7th Ward of Parcels 40.1, 41, 42, and 43.1 of Tax Map 15, District 15. • “Parcel 5” labeled on the plat reviewed and approved herein shall become a part Planning Commissioners: of Parcels 43 and 44 of Tax Map 15, District 15. Sam Loretta, 1st Ward • “Parcel 6” labeled on the plat reviewed and approved herein shall become a part Tim Stranko, 2nd Ward of Parcel 45 of Tax Map 15, District 15. William Blosser, 3rd Ward 2. That the petitioner submit at least three (3) original final plat documents, including Bill Petros, 4th Ward all access/utility easements, signed and sealed by a surveyor licensed in the State Michael Shuman, 5th Ward of West Virginia for the Planning Commission President’s signature; and, Ronald Dulaney, City Council 3. That the final plat is recorded at the Monongalia County Courthouse within thirty (30) Gigi Villarreal, City Admin. days of receiving the executed plat. Enclosure: Application and accompanying exhibits Page 3 of 3 PC MEETING PACKET Page 23 of 40 4/11/19  STAFF REPORT ADDENDUM A MNS19-06 / Berryman / Vine Street and Grant Avenue Staff Report Addendum A Page 1 of 2 MNS19-06 PC MEETING PACKET Page 24 of 40 4/11/19  STAFF REPORT ADDENDUM A MNS19-06 / Berryman / Vine Street and Grant Avenue FOR ILLUSTRATION PURPOSES ONLY APPROXIMATED LOCATION NOT TO SCALE Staff Report Addendum A Page 2 of 2 MNS19-06 PC MEETING PACKET Page 25 of 40 4/11/19  STAFF REPORT ADDENDUM B MNS19-06 / Berryman / Vine Street and Grant Avenue The following graphic is a staff enhanced illustration of the restrictive covenant relationships between proposed and adjacent parcels, using a clipped portion of the plat prepared by Potesta & Associates, Inc. ...........Identifies parcels (2) fronting Riverview Drive that will not gain additional realty as a part of the proposed subdivision. .................Tie lines identifiying covenant relationships between proposed and adjacent parcels. Staff Report Addendum B Page 1 of 1 MNS19-06 PC MEETING PACKET Page 26 of 40 4/11/19 PC MEETING PACKET Page 27 of 40 4/11/19 PC MEETING PACKET Page 28 of 40 4/11/19 PC MEETING PACKET Page 29 of 40 4/11/19 PC MEETING PACKET Page 30 of 40 4/11/19 PC MEETING PACKET Page 31 of 40 4/11/19 PC MEETING PACKET Page 32 of 40 4/11/19 PC MEETING PACKET Page 33 of 40 4/11/19 PC MEETING PACKET Page 34 of 40 4/11/19 PC MEETING PACKET Page 35 of 40 4/11/19 PC MEETING PACKET Page 36 of 40 4/11/19 PC MEETING PACKET Page 37 of 40 4/11/19 PC MEETING PACKET Page 38 of 40 4/11/19 PC MEETING PACKET Page 39 of 40 4/11/19 PC MEETING PACKET Page 40 of 40 ENGINEERS AND ENVIRONMENTAL CONSULTANTS 4/11/19