Planning Commission

Morgantown Planning Commission MEETING PACKET Thursday, July 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 15 7/11/19  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 15 7/11/19  (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 15 7/11/19  MORGANTOWN PLANNING COMMISSION July 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 June 13, 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. MNS19-12 / Kyle / 427 Mississippi Street Request by Ronald Kyle for minor subdivision approval of property located at 427 Mississippi Street; First Ward District, Tax Map 40, Parcels 588.1 and 588.6; R-1A, Single-Family Residential District. VII. OTHER BUSINESS If you need an A. Committee Reports accommodation, • Traffic Commission please contact 304-284-7431 or • Other Committees TDD 304-284-7512 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 4 of 15 7/11/19  Intentional Blank Page PC MEETING PACKET Page 5 of 15 7/11/19  Intentional Blank Page PC MEETING PACKET Page 6 of 15 7/11/19  MORGANTOWN PLANNING COMMISSION MINUTES 6:30 p.m. June 13, 2019 Council Chambers COMMISSIONERS PRESENT: Peter DeMasters, Carol Pyles, William Blosser, Ron Dulaney, Sam Loretta, Bill Petros, Michael Shuman, and Tim Stranko COMMISSIONERS ABSENT: Gigi Villarreal 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 May 9, 2019 meeting minutes. Stranko moved to approve as presented; seconded by Dulaney. Motion carried unanimously. IV. UNFINISHED BUSINESS: None. V. NEW BUSINESS: A. MNS19-10 / Eby, Childs, Wen, and Wu / 912 and 947 Southpoint Circle: Request by Robert Shuman on behalf of Michelle Eby, Holly Childs, Sijin Wen, and Panqing Wu for minor subdivision approval of property located at 912 and 947 Southpoint Circle; Sixth Ward District, Tax Map 42, Parcels 91 and 102; R-1, Single-Family Residential District. Fletcher presented the Staff Report and provided further explanation on the petition. Fletcher noted that the applicant’s representative advised Staff prior to the hearing that he would not be able to attend due to scheduling conflict and requested Staff represent the petition. There being no comments or questions by the Planning Commission, DeMasters asked if anyone was present to speak in favor of or in opposition to the petition. There being none, DeMasters closed the public hearing and asked for staff’s recommendation, which was read by Fletcher. Stranko moved to approve MNS19-10 with Staff recommended conditions; seconded by Pyles. Motion carried unanimously. Morgantown Planning Commission Page 1 of 2 June 13, 2019 Minutes D-R-A-F-T PC MEETING PACKET Page 7 of 15 7/11/19  B. MNS19-11 / Gresak / 857 Willowdale Road: Request by Eric Gresak for minor subdivision approval of property located at 857 Willowdale Road; Fourth Ward District, Tax Map 12, Parcels 3.1 and 3.2; R-1, Single-Family Residential District. Fletcher presented the Staff Report. DeMasters recognized Eric Gresak of 857 Willowdale Road who provided further explanation on the petition and noted the deck was built for safety as there is an 8-12 foot drop off between the properties. Petros asked if Gresak owns the end unit townhouse. Gresak stated he owns up to the exterior wall of the end townhouse [southernmost townhouse unit] and provided further explanation on how and why he acquired the parcel. There being no further comments or questions by the Planning Commission, DeMasters asked if anyone was present to speak in favor of or in opposition to the petition. There being none, DeMasters closed the public hearing and asked for staff’s recommendation, which was read by Fletcher. Blosser asked if the access for the townhouses would be restricted. Gresak stated he acquired the driveway two years ago and he does not plan on eliminating access for the townhouses. Blosser referred to the Staff Report and asked if the subdivision would affect distances around the first unit. Fletcher referred to Addendum A of the Staff Report to provide further explanation and noted the area was constructed before it was zoned R-1A and therefore the parcels are considered nonconforming with existing setback encroachments. Loretta asked if townhouse residents use the rear driveway. Gresak confirmed and stated he has a good relationship with neighbors as he maintains the driveway and surrounding area. Stranko moved to approve MNS19-11 with Staff recommended conditions; seconded by Shuman. Motion carried unanimously. VI. OTHER BUSINESS A. Committee Reports • Traffic Commission Report: No report. • Other Committees: No reports. • Staff Comments: No comments. VII. FOR THE GOOD OF THE COMMISSION: None. VIII. ADJOURNMENT: 6:50 PM MINUTES APPROVED: COMMISSION SECRETARY: _____________________________ Christopher M. Fletcher, AICP Morgantown Planning Commission Page 2 of 2 June 13, 2019 Minutes D-R-A-F-T PC MEETING PACKET Page 8 of 15 7/11/19  Intentional Blank Page PC MEETING PACKET Page 9 of 15 7/11/19  Intentional Blank Page PC MEETING PACKET Page 10 of 15 7/11/19  MORGANTOWN PLANNING COMMISSION July 11, 2019 6:30 p.m. City Council Chambers President: Peter DeMasters, 6th Ward STAFF REPORT Vice-President: CASE NO: MNS19-12 / Kyle / 427 Mississippi Street Carol Pyles, 7th Ward REQUEST and LOCATION: Planning Commissioners: Request by Ronald Kyle for minor subdivision approval of property located at 427 Sam Loretta, 1st Ward Mississippi Street. Tim Stranko, 2nd Ward William Blosser, 3rd Ward TAX MAP NUMBER (s) and ZONING DESCRIPTION: th Bill Petros, 4 Ward First Ward Tax District, Tax Map 40, Parcels 588.1 and 588.6; R-1A, Single-Family Michael Shuman, 5th Ward Residential District Ronald Dulaney, City Council SURROUNDING ZONING: Gigi Villarreal, City Admin. R-1A, Single-Family Residential District BACKGROUND and ANALYSIS: The petitioner seeks to consolidate parcels 588.1 and 588.6 into one parcel for planning and zoning purposes, to address a setback encroachment for a proposed addition to the principal building at 427 Mississippi Street. Addendum A of this report illustrates the subject site. The combined parcel area will be approximately 15,400 square feet, which exceeds the minimum R-1A lot area standard (3,500 square feet). The frontage of the combined parcel will be approximately 90.6 linear feet, which exceeds the R-1A minimum lot frontage standards (30 feet). STAFF RECOMMENDATION: Staff recommends approval of the subdivision either: A. By survey plat with the conditions that: 1.) 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. OR Development Services Christopher Fletcher, AICP B. By covenant restriction in accordance with Article 1363.02(B)(3) of the City’s Director Planning and Zoning Code with the condition that the petitioner place the following covenant notation on the recorded deeds for the subject parcels and submit a John Whitmore, AICP certification of its recording to the Planning Division: Planner III “For planning and zoning purposes, the lot described herein shall be considered as Planning Division part and parcel of the adjacent lot owned by <Insert Owners Names> pursuant to deeds recorded at Deed Record Book No. <Insert Deed Book>, Page <Insert Deed Page> in the Office of the Clerk of the County Commission of Monongalia County. 389 Spruce Street The real estate described herein shall not be considered to be a separate parcel of Morgantown, WV 26505 real estate for land use, development, conveyance or transfer of ownership, without 304.284.7431 having first obtained the expressed approval of the Morgantown City Planning Commission. This restriction shall be a covenant running with the land.” Enclosure: Application and accompanying exhibits Page 1 of 1 PC MEETING PACKET Page 11 of 15 7/11/19  STAFF REPORT ADDENDUM A MNS19-12 / Kyle / 427 Mississippi Street Clipped from Google Maps Clipped from Google Maps Staff Report Addendum A Page 1 of 2 MNS19-12 PC MEETING PACKET Page 12 of 15 7/11/19  STAFF REPORT ADDENDUM A MNS19-12 / Kyle / 427 Mississippi Street Staff Report Addendum A Page 2 of 2 MNS19-12 PC MEETING PACKET Page 13 of 15 7/11/19 PC MEETING PACKET Page 14 of 15 7/11/19 PC MEETING PACKET Page 15 of 15 7/11/19