Planning Commission

Morgantown Planning Commission REGULAR MEETING PACKET Thursday, May 13, 2021 6:30 p.m. 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, AICP, Director John Whitmore, AICP, Senior Planner Intentional Blank Page  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.  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.  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. Intentional Blank Page  MORGANTOWN PLANNING COMMISSION May 13, 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 th Bill Petros, 4 Ward 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/MPC051321. 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 If you need an the meeting begins. Additionally, the public may submit written comments for the accommodation, public hearing portions of the meeting by sending an email to the Development please contact Services Department at bmcdonald@morgantownwv.gov. In the email, please 304-284-7431 or use the subject line "Public Comment PC 05/13/2021" and indicate in the body of TDD 304-284-7512 the email the specific Case 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 April 8, 2021 meeting minutes. Senior Planner IV. UNFINISHED BUSINESS: None. 389 Spruce Street Morgantown, WV 26505 V. NEW BUSINESS: 304.284.7431 A. TX21-01 / Summers / Swimming Pool: Request by Dolores John on behalf of Kevin and Audrie Summers for Text Amendment to Articles Page 1 of 2  MORGANTOWN PLANNING COMMISSION May 13, 2021 6:30 p.m. By Electronic Means President: 1329 and 1331 concerning the definition and requirements of swimming Peter DeMasters, 6th Ward pools. 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 th Bill Petros, 4 Ward 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  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 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: None. III. 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. IV. UNFINISHED BUSINESS: None V. 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 Morgantown Planning Commission Page 1 of 2 April 8, 2021 Minutes D-R-A-F-T  A. Committee Reports: None. − Traffic Commission Report: None. − 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: COMMISSION SECRETARY: _____________________________ Rickie Yeager, AICP Morgantown Planning Commission Page 2 of 2 April 8, 2021 Minutes D-R-A-F-T  MORGANTOWN PLANNING COMMISSION May 13, 2021 6:30 p.m. By Electronic Means President: Peter DeMasters, 6th Ward STAFF REPORT Vice-President: CASE NO: TX21-01 / Summers / Swimming Pools Carol Pyles, 7th Ward REQUEST and LOCATION: Planning Commissioners: Sam Loretta, 1st Ward Request by Dolores John on behalf of Kevin and Audrie Summers to amend Section 1331.08 of the Planning and Zoning Code as it relates to swimming pools as an accessory Tim Stranko, 2nd Ward structure. William Blosser, 3rd Ward Bill Petros, 4th Ward BACKGROUND: Michael Shuman, 5th Ward The petitioner seeks to develop a swimming pool at their residence located at 1101 Ronald Dulaney, City Council Windsor Avenue. The petitioner’s swimming pool design includes a pool house, which per AJ Hammond, City Admin. Section 1331.08(a)(12) is permitted to be no further than ten (10) feet from the swimming pool. The applicant seeks to develop the pool house fifteen (15) feet from the swimming pool. The proposed text amendment would change this physical distance provision to accommodate the additional space. ANALYSIS: Swimming pools are defined in Section 1329.02 of the Planning and Zoning Code as follows: Swimming pools are also considered accessory structures as a result of Section 1331.08(a)(12) as provided below: Development Services Rickie Yeager, AICP Director As shown above, the swimming pool and pool house constitute one accessory structure Planning Division for zoning purposes. John Whitmore, AICP Senior Planner STAFF RECOMMENDATION: Staff appreciates the petitioner’s application as it does allow for the consideration of the 389 Spruce Street City of Morgantown’s regulation of swimming pools as accessory structures. Staff however Morgantown, WV 26505 feels that the associated space between a swimming pool and a pool house is arbitrarily 304.284.7431 sought, as fifteen (15) only functionally provides an additional five (5) feet of space Page 1 of 2  MORGANTOWN PLANNING COMMISSION May 13, 2021 6:30 p.m. By Electronic Means President: between a physical building and a swimming pool. Instead, staff recommends the Planning Peter DeMasters, 6th Ward Commission revise the accessory structure provisions of the Planning and Zoning Code Vice-President: for Section 1331.08(a)(12) to provide some flexibility in the zoning code in accordance Carol Pyles, 7th Ward with applicable building codes regarding the placement, construction and operation of swimming pools. Planning Commissioners: Staff recommends one of the following two (2) zoning text amendment recommendations Sam Loretta, 1st Ward be affirmatively submitted to City Council under Case No. TX21-01. Staff recommended text amendments are presented as the Recommendation 1 below and the petitioner’s Tim Stranko, 2nd Ward requested text amendment is presented as Recommendation 2 below. William Blosser, 3rd Ward Recommendation 1 – Staff Preferred Text Amendment Bill Petros, 4th Ward Revise Section 1331.08 (a)(12) to read as follows: Michael Shuman, 5th Ward (a) Customary and incidental accessory buildings and uses are allowed in all residential Ronald Dulaney, City Council districts, as specifically regulated in that zoning district, provided that: AJ Hammond, City Admin. (12) Any accessory structure designed as a poolhouse shall be located no farther than ten feet a safe and reasonable distance from the swimming pool, to which it shall be accessory, in accordance with applicable building and zoning codes. A swimming pool and poolhouse shall constitute one accessory structure. Recommendation 2 – Petitioner’s Requested Text Amendment Change the spatial distance requirements of a pool house to be located no more than fifteen (15) feet from the swimming pool. 1331.08 ACCESSORY STRUCTURES AND USES IN RESIDENTIAL DISTRICTS. (a) Customary and incidental accessory buildings and uses are allowed in all residential districts, as specifically regulated in that zoning district, provided that: (12) Any accessory structure designed as a poolhouse shall be located no farther than ten fifteen feet from the swimming pool to which it shall be accessory. A swimming pool and poolhouse shall constitute one accessory structure. 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