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Planning Commission

Regular Meeting

Morgantown, WV · April 8, 2021

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Minutes

MORGANTOWN PLANNING COMMISSION MINUTES 6:30 p.m. April 8, 2021 By Electronic Means COMMISSIONERS PRESENT: Peter DeMasters, Carol Pyles, William Blosser, Ronald Dulaney, Sam Loretta, A.J. Hammond, Bill Petros, and Michael Shuman. COMMISSIONERS ABSENT: Tim Stranko STAFF PRESENT: John Whitmore, AICP CALL TO ORDER/ROLL CALL: DeMasters called the meeting to order at 6:30 p.m. DeMasters with approval of the commission, did not read the pre-meeting announcement. I. GENERAL PUBLIC COMMENTS: None. II. MATTERS OF BUSINESS: A. Approval of the March 11, 2021 meeting minutes. Blosser motioned to approve, seconded by Loretta. Hammond abstained. Vote was 7-0-1. III. UNFINISHED BUSINESS: None IV. NEW BUSINESS: MNS21-05 / McGinnis / 1256 and 1260 Montrose Avenue: Request by Calvin McGinnis for minor subdivision approval of property located at 1256 and 1260 Montrose Avenue. Tax District 14, Tax Map 24, Parcels 275 & 276; R-1A, Single-Family Residential District Whitmore presented the staff report. Mr. McGinnis stated that they are just trying to separate these parcels for ease of sale. Commissioner’s provided no questions for the planner or petitioner. Whitmore presented the staff recommendation to approve the minor subdivision. Hammond moved to approve as recommended. Pyles seconded. Shuman abstained as he was unable to view the packet. Vote 7-0-1. VI. OTHER BUSINESS A. Committee Reports: None. − Traffic Commission Report: None. Morgantown Planning Commission Page 1 of 2 April 8, 2021 Minutes Approved − Other Committees: None. B. Staff Comments: Whitmore introduced Rickie Yeager who is currently on the call. Rickie introduced himself and thanked John Whitmore for all he has handled in his role as Interim Director. VII. FOR THE GOOD OF THE COMMISSION A. Pyles sought clarification on the role of abstaining from votes. Whitmore noted that abstentions based on lack of information about the case were different than a Commissioner having a financial interest in the case. VIII. ADJOURNMENT: Loretta moved to adjourn. 6:50 p.m. MINUTES APPROVED: May 13, 2021 COMMISSION SECRETARY: _____________________________ Rickie Yeager, AICP Morgantown Planning Commission Page 2 of 2 April 8, 2021 Minutes Approved

Agenda

Morgantown Planning Commission REGULAR MEETING PACKET Thursday, April 8, 2020 6:30 p.m. By Electronic Means 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 AJ Hammond, Admin. Ronald Dulaney, City Councilor Development Services Department Rickie Yeager, Director of Development Services PC Meeting Page 1 of 16 April 8, 2021 Planning Commission Electronic Means Meeting Announcement Confirming Member Access: As a preliminary matter, this is Morgantown Planning Commission President Peter DeMasters. Permit me to confirm that all Planning Commissioners and persons anticipated on the agenda are present and can hear me. • Planning Commissioners, when I call your name, please respond in the affirmative. State each members’ name: - Vice-President Carol Pyles - Commissioner Bill Petros - Commissioner Sam Loretta - Commissioner Michael Shuman - Commissioner Tim Stranko - Council Member Ronald Dulaney - Commissioner William Blosser - Commissioner AJ Hammond • Staff, when I call your name, please respond in the affirmative. State each staff members’ name: - Chris Fletcher, Director of Development Services Introduction to Electronic Means Meeting: Good Evening. This meeting of the Morgantown Planning Commission is being conducted by electronic means consistent with the West Virginia Open Governmental Proceedings Act and the guidance of the West Virginia Ethics Commission due to the current State of Emergency given the outbreak of COVID-19. In order to mitigate the transmission of the virus and reduce risk of COVID-19 illness, we have been advised and directed to suspend public gatherings. In keeping with that direction, and the authority provided by the Open Governmental Proceedings Act and the Ethics Commission guidance allowing the conduct of public meetings by electronic means so long as the public is able to observe the meeting, this meeting is being conducted by remote electronic participation and in-person attendance by the public is not permitted. This meeting will include a public comment portion concerning matters not on the agenda and public hearings for each of the cases listing on this evening’s agenda. Members of the public will be permitted to comment during these portions by submitting comments in writing or by speaking during their designated time, if they have signed up to do so prior to the start of the meeting. Even if members of the public do not provide comment, participants are advised that people may be listening who do not provide comment, and those persons are not required to identify themselves. For this meeting, the Planning Commission is convening by Cisco Webex video and telephone conference as posted on the City’s Website identifying how the public may join. Please note that this meeting is being recorded, and that some attendees are participating by video conference. PC Meeting Page 2 of 16 April 8, 2021 Planning Commission Electronic Means Meeting Announcement Accordingly, please be aware that other people may be able to see you and your video feed, and that you take care not to “screen share” your computer. Anything that you broadcast may be captured by the recording. All supporting materials that have been provided members of this body are available on the City’s website with the Planning Commission meeting packet unless otherwise noted. The public is encouraged to follow along using the posted agenda. Meeting Business Ground Rules Before we turn to the first item on the agenda, permit me to cover some ground rules for effective and clear conduct of our business and to ensure accurate meeting minutes. • Please remember to mute your phone or computer when you are not speaking. • Please remember to wait to be recognized by the President before speaking and to speak clearly and in a way that helps generate accurate minutes. • For any response, please wait until the President yields the floor to you and state your name before speaking. • If Planning Commissioners wish to engage in colloquy with other members, please do so through the President, taking care to identify yourself. 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. I will first read, or have read, all written comments submitted, and will then review the list of public commenters who have signed up by the meeting start time. Once I have a list of all public commentators, I will call on each by name. All speakers will be limited to five (5) minutes. If members of the Planning Commission have any questions of the speaker, that time will not be counted toward the speaker’s five (5) minutes. Public speakers must state their name and address for the record. 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. To ensure an accurate record and to aid the preparation of meeting minutes, presenters and Planning Commissioners must first be recognized by the President and state your name before proceeding. PC Meeting Page 3 of 16 April 8, 2021 Planning Commission Electronic Means Meeting Announcement (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) I will first read, or have read, all written comments submitted, and will then review the list of public commenters who have signed up by the meeting start time. (b) Once I have a list of all public commentators, I will call on each by name. All speakers will be limited to five (5) minutes. If members of the Planning Commission have any questions of the speaker, that time will not be counted toward the speaker’s five (5) minutes. (c) Public speakers must state their name and address for the record. 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. (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 first be recognized by the President and identify themselves once again before answering. (8) Next, the Planning Commission will discuss and take action on the application. (9) Because this public meeting is being conducted by remote electronic participation and to ensure accurate meeting minutes each vote taken during this meeting will be conducted by roll call vote. (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. PC Meeting Page 4 of 16 April 8, 2021 Intentional Blank Page PC Meeting Page 5 of 16 April 8, 2021 MORGANTOWN PLANNING COMMISSION April 8, 2021 6:30 p.m. By Electronic Means President: City buildings remain partially closed to the public to protect public health during the Peter DeMasters, 6th Ward COVID-19 pandemic. Personal attendance at this meeting will not be permitted. The public may participate in the public portions through the following Cisco WebEx Vice-President: videoconference access methods: Carol Pyles, 7th Ward Meeting Link: https://cityofmorgantown.my.webex.com/meet/cityofmorgantown Planning Commissioners: Sam Loretta, 1st Ward Meeting Number: 793 734 477 Tim Stranko, 2nd Ward Phone: 415-655-0001 William Blosser, 3rd Ward Access Code: 793 734 477 Bill Petros, 4 Ward th All members of the public may view the meeting on Channel 15 and by streaming Michael Shuman, 5th Ward hosted on the City’s website at www.morgantownwv.gov. If you do not wish to speak Ronald Dulaney, City Council at the meeting, please view it by these methods to conserve capacity on the AJ Hammond, City Admin. videoconference. Any person wishing to speak at the meeting may sign up by completing the form available at: http://bit.ly/MPC040821. Another option to speak during a public comment portion is by providing their name, phone number they will use to participate, and the specific Case Number and/or General Public Comments listed on the Planning Commission’s agenda on which they would like to speak by texting or calling 304-906- 7843. You may sign up to speak at any time until the meeting begins. Additionally, If you need an the public may submit written comments for the public hearing portions of the meeting accommodation, by sending an email to the Development Services Department at please contact bmcdonald@morgantownwv.gov. In the email, please use the subject line "Public 304-284-7431 or Comment PC 04/08/2021" and indicate in the body of the email the specific Case TDD 304-284-7512 Number you wish to address and if you would like your comment to be read aloud during the public hearing portion for that case. AGENDA I. CALL TO ORDER AND ROLL CALL Development Services Rickie Yeager, AICP II. GENERAL PUBLIC COMMENTS – concerning matters not on the agenda. Director III. MATTERS OF BUSINESS Planning Division John Whitmore, AICP A. Approval of the February 11, 2021 meeting minutes. Senior Planner IV. UNFINISHED BUSINESS: None. 389 Spruce Street Morgantown, WV 26505 V. NEW BUSINESS: 304.284.7431 A. MNS21-05 / McGinnis / 1256 and 1260 Montrose Avenue: Request by Calvin McGinnis for minor subdivision approval of property located at 1256 Page 1 of 2 PC Meeting Page 6 of 16 April 8, 2021 MORGANTOWN PLANNING COMMISSION April 8, 2021 6:30 p.m. By Electronic Means President: and 1260 Montrose Avenue. Tax District 14, Tax Map 24, Parcels 275 & Peter DeMasters, 6th Ward 276; R-1A, Single-Family Residential District. Vice-President: VII. OTHER BUSINESS Carol Pyles, 7th Ward A. Committee Reports Planning Commissioners: • Traffic Commission Sam Loretta, 1st Ward • Other Committees Tim Stranko, 2nd Ward William Blosser, 3rd Ward B. Staff Comments Bill Petros, 4 Ward th Michael Shuman, 5th Ward VIII. FOR THE GOOD OF THE COMMISSION Ronald Dulaney, City Council AJ Hammond, City Admin. IX. ADJOURNMENT If you need an accommodation, please contact 304-284-7431 or TDD 304-284-7512 Development Services Rickie Yeager, AICP Director Planning Division John Whitmore, AICP Senior Planner 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 2 of 2 PC Meeting Page 7 of 16 April 8, 2021 Intentional Blank Page PC Meeting Page 8 of 16 April 8, 2021 MORGANTOWN PLANNING COMMISSION MINUTES 6:30 p.m. March 11, 2021 By Electronic Means COMMISSIONERS PRESENT: Peter DeMasters, Carol Pyles, Tim Stranko, William Blosser, Bill Petros, Ronald Dulaney and Sam Loretta. COMMISSIONERS ABSENT: AJ Hammond STAFF PRESENT: John Whitmore, AICP I. CALL TO ORDER/ROLL CALL: DeMasters called the meeting to order at 6:30 p.m. DeMasters with approval of the commission, did not read the pre-meeting announcement. II. GENERAL PUBLIC COMMENTS: concerning matters not on the agenda. III. MATTERS OF BUSINESS: A. Approval of the February 11, 2021 meeting minutes. Pyles moved for approval. Dulaney seconded. Vote was unanimous. IV. UNFINISHED BUSINESS: None V. NEW BUSINESS: RZ21-01 / Administrative / 20 Scott Avenue: Administrative request for a Zoning Map Amendment to classify Tax District 5, Tax Map 4, Parcel 8.2 as B-5, Shopping Center District upon annexation. Whitmore presented the staff report. DeMasters asked if there were any questions or discussion and no members of the audience had comments. DeMasters asked for staff recommendation, provided by Whitmore. DeMasters asked for discussion. Being none, Demasters asked for motion. Stranko motioned to approve. Loretta seconded. Vote was unanimous. MNS21-04 / Walker / 517 Melrose Street: Request by James Walker for minor subdivision approval of property located at 517 Melrose Street. Tax District 12, Tax Map 14, Parcel 131; R-1A, Single-Family Residential District. Morgantown Planning Commission Page 1 of 3 March 11, 2021 Minutes D-R-A-F-T PC Meeting Page 9 of 16 April 8, 2021 Whitmore presented the staff report. DeMasters asked if there were any questions or discussion and opened the public hearing. As no members of the audience had comments, the public hearing was closed. DeMasters asked for staff recommendation, provided by Whitmore. DeMasters asked if there were any questions or discussion. Being none, he asked for a motion. Stranko moved to approval subject to staff recommendations. Seconded by Shuman. Vote was unanimous. VI. OTHER BUSINESS A. Committee Reports: None. − Traffic Commission Report: Blosser reported that Traffic Commission and Pedestrian Safety Board passed a text amendment to City code concerning sidewalks. Blosser stated that he believes this is poorly designed and brings to the commission’s attention that all should review and form opinions. DeMasters asked that Blosser forward the material to staff to distribute. Blosser feels that this has nothing to do with the Planning Commission but wants all to be aware. Whitmore stated that the Planning Commission last year provided recommendation to City Council to strike all references to sidewalk requirements from the Planning and Zoning Code. The idea is to have a street design manual and to have sidewalks reviewed based on their functionality. Whitmore further stated that the idea was to set up a fee mechanism. Whereby if a developer did not install sidewalks for any reason, they could give the City money which could be used for improvements. Whitmore stated that Planning is not involved with this currently but will be involved with the SALDO process soon. Whitmore will share this information with the committee next week. He will provide this information to the new Development Director, Rickie Yeager. Dulaney stated that this was provided to Council to a Committee of the Whole meeting months ago and there were questions at that time. He has not seen the revisions that have been made. − Other Committees: None. B. Staff Comments: Whitmore stated that in person meetings could be happening soon. DeMasters stated that he would leave this open to discussion. DeMasters stated that he is doing mixed virtual and in person at this time and asked the committee what they prefer. Stranko stated he is happy to come back in person. Whitmore stated that there is a method for a hybrid meeting based on discussions with Andrew Stacey, City Communications director. Petros asked if there is state guidance for these types of meetings. He went on to discuss options of the public wanting to come into meetings. DeMasters discussed that in person meetings sometime get more public participation than when we have virtual. Petros gave the option of the public coming to City Hall and viewing the meeting if there was a need. Dulaney asked if there was some recommendation from the City Manager to open City Hall. Whitmore stated there are really no Morgantown Planning Commission Page 2 of 3 March 11, 2021 Minutes D-R-A-F-T PC Meeting Page 10 of 16 April 8, 2021 discussions regarding coming back. DeMasters noted that the decision did not need to made tonight. Stranko followed up that the Planning Commission should follow the lead from City Council. VII. FOR THE GOOD OF THE COMMISSION Loretta wanted to thank Whitmore for helping him during this pandemic with setting up a laptop so he could attend meetings. He further stated that he has finally acquired a computer at home and will not need to come to City Hall anymore. Whitmore stated that Rickie Yeager will be starting as our Development Services Director on Monday the 15th. He comes from the City of Parkersburg. Whitmore worked with him previously. Dulaney thanked Whitmore for stepping in and leading the Planning Commission smoothly over these last several months. Committee was all in agreement. VIII. ADJOURNMENT: 7:00 p.m. MINUTES APPROVED: COMMISSION SECRETARY: _____________________________ Rickie Yeager, AICP Morgantown Planning Commission Page 3 of 3 March 11, 2021 Minutes D-R-A-F-T PC Meeting Page 11 of 16 April 8, 2021 Intentional Blank Page PC Meeting Page 12 of 16 April 8, 2021 MORGANTOWN PLANNING COMMISSION April 8, 2021 6:30 p.m. By Electronic Means President: Peter DeMasters, 6th Ward STAFF REPORT Vice-President: CASE NO: MNS21-05 / McGinnis / 1256 and 1260 Montrose Avenue Carol Pyles, 7th Ward REQUEST and LOCATION: Planning Commissioners: Sam Loretta, 1st Ward Request by Calvin McGinnis for minor subdivision approval of property located at 1256 and 1260 Montrose Avenue. Tim Stranko, 2nd Ward William Blosser, 3rd Ward Bill Petros, 4th Ward TAX MAP NUMBER (s) and ZONING DESCRIPTION: Michael Shuman, 5th Ward Tax District 14, Tax Map 24, Parcels 275 & 276; R-1A, Single-Family Residential District. Ronald Dulaney, City Council AJ Hammond, City Admin. SURROUNDING ZONING: R-1A, Single-Family Residential District. BACKGROUND AND ANALYSIS: The petitioner seeks to reconfigure the internal parcel boundary for Parcels 275 and 276. Addendum A of this report illustrates the location of the subject site. Tax District 12, Tax Map 14, Parcel 275, commonly known as 1260 Montrose Avenue is an approximately 3,418 square foot parcel with a 44.4-foot +/- frontage along Montrose Avenue. Tax District 12, Tax Map 14, Parcel 276, commonly known as 1256 Montrose Avenue is an approximately 8,021 square foot parcel with an eighty (80) foot +/- frontage along Montrose Avenue.The petitioner seeks to subdivide the parcels as shown on the staff enhanced image on Page 2 of this report. The reconfigured 1256 Montrose Avenue parcel will have a 5,754 square foot area and 60.93-foot frontage along Montrose Avenue. The reconfigured 1260 Montrose Avenue parcel will have an area of 5,576 square foot area and 41.01-foot frontage along Montrose Avenue. Both reconfigured parcels will exceed the R-1A, Single-Family Residential District minimum lot area standard of 3,500 square feet and the R-1A, District minimum frontage standard of thirty (30) feet. Development Services STAFF RECOMMENDATION: Rickie Yeager, AICP Director Staff recommends approval of the subdivision by survey plat with the following conditions: Planning Division 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 John Whitmore, AICP in the State of West Virginia for the Planning Commission President’s signature; Senior Planner and, 2. That the final plat is recorded at the Monongalia County Courthouse within thirty 389 Spruce Street (30) days of receiving the executed plat. Morgantown, WV 26505 304.284.7431 Page 1 of 2 PC Meeting Page 13 of 16 April 8, 2021 MORGANTOWN PLANNING COMMISSION April 8, 2021 6:30 p.m. By Electronic Means President: Peter DeMasters, 6th Ward STAFF ENHANCED IMAGE 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 AJ Hammond, City Admin. Development Services Rickie Yeager, AICP Director Planning Division John Whitmore, AICP Senior Planner 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 2 of 2 PC Meeting Page 14 of 16 April 8, 2021 STAFF REPORT ADDENDUM A MNS21-05 / McGinnis / 1256 and 1260 Montrose Avenue Staff Report Addendum A Page 1 of 2 MNS21-05 PC Meeting Page 15 of 16 April 8, 2021 STAFF REPORT ADDENDUM A MNS21-05 / McGinnis / 1256 and 1260 Montrose Avenue Staff Report Addendum A Page 2 of 2 MNS21-05 PC Meeting Page 16 of 16 April 8, 2021

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