MORGANTOWN PLANNING COMMISSION
Minutes
April 10 2008
6:30 PM Council Chambers
MEMBERS PRESENT: Marti Shamberger, Sam Loretta, Tim Stranko, Barbara Ferrell, Kathryn Greever, Theresa Rich, Ken Martin, Jennifer Selin
MEMBERS ABSENT: Peter DeMasters
STAFF: Christopher Fletcher, AICP
I. MATTERS OF BUSINESS
II. OLD BUSINESS
Fletcher read the Staff Report stating that the Planning Commission approved the petitioner’s preliminary plat in January 2008 for the creation of seven (7) parcels on Burroughs Street. The petitioner now seeks final plat approval, which serves as the recording instrument.
The following list enumerates the Planning Commission’s preliminary plat approval conditions and how each has been addressed by the petitioner (in italics).
1. That the final plat submission include the following provisions:
a. An internal sidewalk with a minimum width of four (4) feet along the proposed street beginning at Munsey Street to a point not less than the driveway entrance of the last parcel fronting the proposed cul-de-sac unless waived by the City Engineer in accordance with Article 1333.07 (G).
City Engineer has waived this provision.
b. A sidewalk with a minimum width of four (4) feet along Munsey Street beginning at the proposed street to the existing sidewalk along Burroughs Street.
Petitioner has agreed to develop same.
2. That engineering details and associated bonding or similar acceptable security, where necessary, be approved for the proposed street, sidewalks, and water, That engineering details and associated bonding or similar acceptable security, where necessary, be approved for the proposed street, sidewalks, and water, sanitary sewer, and storm water management systems by the City Engineer, Fire Department, and/or Morgantown Utility Board prior to submission of the final plat for Planning Commission approval.
City Engineer has tentatively approved the petitioner’s proposed means of acceptable security; the amount of bonding or acceptable security is pending as final cost estimating is forthcoming
3. That, to the satisfaction of the City Engineer, a joint maintenance agreement and/or covenant be included with the final plat submission which will be recorded with the deeds for each of the six (6) parcels fronting the proposed street and defines the perpetual maintenance responsibilities of the property owners for the street, the 35-foot right-of-way, and the sidewalks.
Petitioner has submitted a draft “Protective and Restrictive Covenants” addressing same.
4. For the purpose of advancing sound access management along Burroughs and Munsey Streets, that, to the satisfaction of the Planning Director, a covenant and/or deed restriction be included with the final plat submission which will be recorded with the deeds for each of the six (6) parcels fronting the proposed street and stipulates that vehicular access to each parcel be restricted to the proposed street.
Petitioner has submitted a draft “Protective and Restrictive Covenants” addressing same
Bernie Bossio, Vitner Reserve, LLC, was present on behalf of the petitioner. Bossio state that the final plat and conditions were set forth in the last meeting. All benchmarks have been met. The demolition permits have been obtained. The lot has been leveled and demo will be completed next week. Work on the first home will begin after approval has been obtained. The internal sidewalk along the proposed street from Munsey has been waived by the City Engineer. The zoning ordinance calls for 5 feet sidewalks but the City Engineer has agreed that a four-foot sidewalk would be sufficient from the new street along Munsey to Burroughs. Bossio stated that the current sidewalks on Burroughs is only 32 inches in width and he would like to ask the Planning Commission to construct the sidewalk to match the width existing on Burroughs
Selin questioned why the parcel containing the ravine is not a part of the present proposed development. Bossio stated that because of its topographical isolation from the rest of the property, it was not included with the six single-family development sites.
Selin also questioned who requested the sidewalks. Fletcher said the zoning ordinance requires a minimum sidewalk of five feet for new development in the R-1 District.
Bossio stated the sidewalk may look awkward and that a five-foot sidewalk along Munsey would place the privacy fence at five feet from the proposed single-family house on the corner lot.
Loretta asked how the children in the community now walk to their bus stops. Bossio replied that other than the sidewalk on Burroughs, there are no other sidewalks in that area. Loretta asked how those children would get to the bus stop without sidewalks. Bossio advised they now walk with no sidewalks.
Shamberger asked for public comment, either in favor or against the application. There being none, Shamberger closed the public comment portion of the hearing and asked for Staff’s recommendations.
Fletcher stated that staff recommends approval of the final plat with conditions.
Selin asked if a narrower sidewalk could be put in. Stranko believed that contemplating a strip of sidewalk to suddenly pop up and then disappear is aesthetically a bad idea. There is no significant traffic and it is not the prerogative of the Planning Commission to grant a waiver of a sidewalk, but could remove as a condition for approval of the final plat and Bossio would then have to take up that issue with the City Engineer. Fletcher stated, based on the discussion, that the Staff recommended conditions be revised as follows.
1. That the final plat submission include a sidewalk with a minimum width of four (4) feet along Munsey Street beginning at the proposed street to the existing sidewalk along Burroughs Street unless the City Engineer determines that a width equal to or greater than the width of the existing sidewalk along Burroughs Street is sufficient;
2. That engineering details and associated bonding or similar acceptable security, where necessary, be provided for the proposed street and sidewalk to the satisfaction of the City Engineer;
3. That, to the satisfaction of the City Engineer, a joint maintenance agreement and/or covenant be recorded with the final plat and deeds for each of the six (6) parcels fronting the proposed street which defines the perpetual maintenance responsibilities of the property owners for the street, the 35-foot right-of-way, and the sidewalks;
4. That a covenant and/or deed restriction be recorded with the final plat and the deeds for each of the six (6) parcels fronting the proposed street which stipulates that vehicular access to each parcel be restricted to the proposed street;
5. That the applicant submit four (4) paper copies of the final plat (marked “Final Plat”) in accordance with Article 1319 of the Planning & Zoning Code, which are signed and sealed by a surveyor licensed in the State of West Virginia;
6. That the Planning Commission Chair be authorized to sign final plat documents only after all conditions set forth above are met; and,
7. That the final plat is filed at the Monongalia County Courthouse within thirty (30) days of meeting all conditions set forth above.
Stranko moved to approve the final plat petition with Staff’s recommended conditions as revised; seconded by Martis seconded it. The motion passed unanimously.
III. NEW BUSINESS
A. MNS08-04 / Jones / 43 Jones and 212 Quay Street. Request for minor subdivision approval for property located at 43 Jones Avenue & 212 Quay. Tax Map #20 Parcel #224; an R-3, Multi-Family Residential District.
Fletcher read the Staff Report stating that the petitioner seeks to subdivide an approximate 3,679.5 ft² parcel located on Jones Avenue and Quay Street. The parcel is considered nonconforming as it:
· Contains less than the minimum lot area (4,000 ft²) for the R-3 District.
· Has less than the minimum lot frontage (40 ft) for the R-3 District.
· Contains two (2) principal structures.
Addendum A of this report illustrates the location of the subject parcel.
The proposed reconfiguration will result in Parcel A containing approximately 1,765.5 ft² and Parcel B containing approximately 1,913 ft². A subdivision will create encroachments for both existing structures into the minimum rear setbacks (20 ft) of the new parcels. Further, it appears that the maximum lot coverage (60%) for the R-3 District will be exceeded for one or both of the existing structures.
The petition seeks to obtain financing but has learned from his lender that subdividing the parcel so that each structure is located on its own parcel may result in optimal financing terms. Addendum B of this report includes a January 31, 2008 letter from this office to Sandra A. Kokoska, Huntington National Bank, enumerating Staff concerns with the petitioner’s pursuit of a minor subdivision.
Specifically, development patterns in the R-3 District, particularly in the Sunnyside Neighborhood, which are desired through provisions in the City Planning & Zoning Code is higher residential densities. Achieving higher densities requires larger tracts of land.
Dow Jones was present to represent his request. Jones presented a map for reference to the Planning Commission. Selin mentioned that Jones had contacted her at home to say that he had more information to be presented. She advised Jones the proper procedure was to bring the additional information to the meeting so everyone would have it.
Jones stated that he presently has a 15 year commercial loan rate with a payment of $2,054 per month. If the parcel is subdivided and each resident was on it’s own parcel, he would be able to obtain better financing with a 30 year commercial rate of $1,498 per month; a savings of $952 a month. Higher density requires larger tracts of land. Referencing the map, Jones owns all parcels highlighted in yellow. If the parcel is subdivided, with the $952 savings a month, he would be able to acquire more properties in the area. Presently 12 properties on Quay Street are non-conforming, and he is really not doing anything different on Quay Street, it is simply a minor subdivision for better financing.
Selin advised that this is a tricky situation and asked Fletcher to explain his position on this request. Fletcher stated that he would when presenting Staff’s recommendation.
Jones stated that by doing this, it frees up more money for future development in the area of larger tracts of land.
Selin stated that the Planning Commission would not normally honor this type of request if someone had a house on a small lot.
Martis believed if this request was granted, it would set a precedent for someone else to make the same type of request.
Shamberger asked for public comment, in favor or against the request. There being none, Shamberger closed the public comment portion of the hearing asked for Staff’s recommendation.
Fletcher stated that although the merits of promoting improvements to existing structures and supporting methods of privately financing same are compelling, it is the opinion of the Planning Department that achieving higher residential density development in key areas serves to reduce urban sprawl, reduce traffic congestion, and relieves market pressures on traditional single-family neighborhoods.
Subdividing realty in the manner proposed by the petitioner is inconsistent with the requirements and standards of the City’s Planning & Zoning Code. Further, it appears to present difficulties in advancing higher densities in the Sunnyside by complicating future opportunities of property assembly and redevelopment.
As such, Staff recommends that the subject minor subdivision petition be denied.
Shamberger stated it is not in the City’s best interest to subdivide an already non-conforming lot.
Stranko felt Jones made a compelling case, but there was a need to look at the application in the abstract.
Loretta moved to deny Jone’s minor subdivision petition based on the information presented by Staff; second by Martis. The motion passed unanimously.
B. MNS08-06 / George / 601 Louise Avenue. Request for minor subdivision approval for property located at 601 Louise Avenue. Tax Map #30 Parcel #10; an R-1A, Single-Family Residential District.
Fletcher read the Staff Report stating that the petitioner seeks to subdivide an approximate 8,000 ft² parcel of realty into two 4,000 ft² parcels located on Louise Avenue. The reconfigured parcels exceed the R-1A District minimum lot area standard of 3,500 ft2 and minimum lot frontage standard of 30 feet. No setback encroachments are created for the existing structure.
Michael George was present to represent the petition and explained that his intent was to eventually develop lot 5, which is an interior lot; lot 6 is a corner lot. He is not in a hurry to do anything right now. He has received and submitted to the Planning Department a letter of approval from MUB.
Shamberger stated that there is a lot of development occurring in that area. George agreed but stated that his intent was to just subdivide and not to develop the property at this time.
Shamberger asked for public comment, either in favor or against the request. There being none, she closed the public comment portion of the hearing and asked for Staff’s recommendation.
Fletcher stated that Staff recommends approval with the following conditions:
1. That the applicant submit three (3) paper copies, signed and sealed by a surveyor licensed in the State of West Virginia, of the final plat for the Planning Commission President’s signature; and,
2. That the final plat is filed at the Monongalia County Courthouse within thirty (30) days of meeting the condition set forth above.
Stranko moved to approve the minor subdivision petition subject to Staff’s recommended conditions; second by Loretta. The motion passed unanimously.
C. MNS08-07 / Castle Ventures / 1029 University Avenue. Request for minor subdivision approval for property located at 1029 University Avenue. Tax Map #28A Parcel #5; a B-4, General Business District.
Fletcher read the Staff Report stating that as a part of the second and third phases of the “View at the Park” development along University Avenue and Garrett Street, the petitioner seeks to subdivide an approximate .445 acre parcel into two parcels with a relocated twenty (20) foot utility easement running between the proposed parcels.
Parcel A will contain approximately 9,443.71 ft² and contain approximately 80.37 feet of frontage. Parcel B will contain approximately 12,529.02 ft² and contain approximately 106.63 feet of frontage. Both parcels are considered thru-lots as they front on University Avenue and Garrett Street.
The proposed parcels exceed the B-4 District minimum lot area standard of 1,500 ft2 and minimum lot frontage standard of 50 feet.
The petitioner requested to be represented by staff. Fletcher stated that the “View at the Park” consists of three buildings. The smaller building originally planned at the corner where the Chamber of Commerce is situated has been moved to the middle. The third building, which was the largest of the three will be constructed where the Chamber building is now. This minor subdivision request is necessary in order that the lots accommodate three buildings.
Martis added, for those members of the Planning Commission that are new, the Planning Commission knew this request would be forthcoming.
Shamberger asked for public comment either in favor or against the request. There being none, she asked for Staff’s recommendation.
Fletcher stated that Staff recommends approval with the following conditions:
1. That the applicant submit three (3) paper copies, signed and sealed by a surveyor licensed in the State of West Virginia, of the final plat for the Planning Commission President’s signature; and,
2. That the final plat is filed at the Monongalia County Courthouse within thirty (30) days of meeting the condition set forth above.
Martis moved to approve the minor subdivision petition subject to Staff’s recommended conditions; second by Stranko. The motion passed unanimously.
D. MNS08-08 / Leech / 907 & 909 Riverview Drive. Request for minor subdivision approval for property located at 907 & 909 Riverview Drive. Tax Map #15 Parcels #41 & 42; an R-1, Single-Family Residential District.
Fletcher read the Staff Report stating that the petitioner seeks to combine two parcels into one totaling approximately 27,000 ft² located on Riverview Drive. Currently, one parcel contains a single-family structure that will be razed and removed.
The reconfigured parcel exceeds the R-1 District minimum lot area standard of 7,200 ft2 and minimum lot frontage standard of 70 feet.
The petitioner has requested to be represented by staff. Fletcher stated the Planning Department has received correspondence from Dr. Knorr, who is the owner of the house that will be razed, which demonstrates that Mr. and Mrs. Leech have the authority to seek this request. It would seem that the acquisition of that property is contingent upon the Planning Commission’s approval.
Greever stated that she believes Leech wants to purchase those two lots, get rid of the house that is on one of the parcels, and build a rather substantial house.
Shamberger asked for public comment, in favor or against the request. There being none, she closed the public comment portion of the hearing and asked for Staff’s recommendation.
Fletcher stated that Staff recommends approval with the following conditions:
1. That, prior to the issuance of a any Certificate of Occupancy for the proposed single-family dwelling, the existing residential structure be razed so that a non-conforming parcel is not created by containing two principal structures;
2. That the applicant submit three (3) paper copies, signed and sealed by a surveyor licensed in the State of West Virginia, of the final plat for the Planning Commission President’s signature; and,
3. That the final plat is filed at the Monongalia County Courthouse within thirty (30) days of meeting the condition set forth above.
Stranko moved to approve the minor subdivision petition subject to Staff’s recommended conditions; second by Greever. The motion passed unanimously.
IV. OTHER BUSINESS
A. Public Comments – None
B. Staff Comments
1. A workshop will be held immediately after the Planning Commission meeting this evening concerning a potential overlay district in the Suncrest area. The workshop will not be televised.
2. The Planning Department is finalizing the Request for Proposals (RFP) for the Downtown Strategic Plan Update. The project will be a Planning Commission project and Commissioners will be asked to serve on an ad hoc steering committee. The Planning Department will email a .pdf version of the RFP so Commissioners may become familiar with it. The deadline for proposal submission is May 15, 2008 and contracts should be awarded late June.
3. Stranko stated it was his believe that City Council rejected the Perilli proposal. Fletcher advised it was tabled and that City Council requested Perilli and Hartman to meet with the residents in the neighborhood to discuss their intentions;
Martis advised that the Traffic Commission is going through a process to determine the role of the Planning Commission member on the Traffic Commission. There have been some questions of whether City Code is being followed in determining if the representative on the Traffic Commission is actually a voting member. The question was brought up after the Traffic Commission Chair looked at the City Code. Martis will supply Fletcher a copy of the correspondence for distribution to Planning Commissioners.
The meeting was adjourned at 7:30PM.