MORGANTOWN PLANNING COMMISSION

 

MINUTES

 

March 8, 2007

6:30 PM                                                                                                     City Council Chambers     

Members Present:  Ray Hicks, Sam Loretta, Marti Shamberger, Peter DeMasters, Teresa Miller, and Ken Martis

Members Absent:  Jennifer Selin

Staff Present:  Christopher Fletcher, Planning Director

MATTERS OF BUSINESS:

A.        Approval of February minutes - Motion to approve by Martis, second by Miller.  DeMasters and Loretta abstained from vote because they were not in attendance at the February meeting.  Motion carried.

OLD BUSINESS:  None

NEW BUSINESS:

A. MNS07-04 / Teets / 165 Mingo Street:  Request by Gordon Teets, on behalf of Delbert Teets, for minor subdivision approval for property located at 165 Mingo Street; Tax Map #41 Parcel #246, an R-1A, Single-Family Residential District. 

Fletcher read the staff report stating that the petitioner seeks to subdivide one parcel into three based on current lot lines created by the deed.  The proposed parcels exceed minimum lot size requirements.  The creation of parcels will not be within 5 feet of the house that is currently on one proposed parcel.

Fletcher read the staff recommendations.  He stated that staff recommends the approval with the following conditions.

1.      The newly created parcel boundaries meet or exceed the minimum side yard setback requirements for the existing structure.

2.      The applicant submit three paper copies signed and sealed by a surveyor licensed in the state of West Virginia of the final plat for the Planning Commission to share a signature.

3.      The final plat is filed at the Monongalia County Court House within 30 days in accordance with the conditions set above.

Motion to approve by Martis, seconded by Loretta.  Motion carried unanimously.

B. TX07-01:  An administratively requested text amendments to revise Table 1331.05.01 “Permitted Land Use” and Article 1331.06 (21) of the Planning and Zoning Code as they relate tot eh supplemental regulations for restaurant uses. 

Fletcher gave staff recommendations and stated that the zoning text amendments are intended to address typographic errors and oversight in the January 2006 amendments, which create unintended policy consequences.  The supplemental regulations in 1331.6 (21) prohibit a restaurant of any type within 300ft of any property line of a residential district.  Table 1331.05.01 permits certain restaurants by right or conditionally in R-1A, R-2, R-3 and B-1.   This creates a policy conflict.  The Planning Department suggestion is to eliminate the reference in Table 1331.05.01 to supplemental regulation 21 for restaurants.

Hicks asked Fletcher for clarification on the various restaurant definitions.

DeMasters questioned by “restaurants” were permitted conditionally in certain districts while “family restaurants,” which are smaller in scale are not.  Fletcher agreed and suggested that the issue be tabled so staff could review thoroughly and incorporate the additional text amendments at the Commission’s April meeting.  The suggested additional revisions are:

 

Uses

 

R-1

 

R-1A

 

R-2

 

R-3

 

PRO

 

B-1

 

B-2

 

B-4

 

OI

 

B-5

 

I-1

Restaurant

 

C

C

C P

 

P

P

P

P

P

 

Restaurant, Family

 

 

C

P

 

C

P

P

P

P

 

Motion by Loretta to table, seconded by Martis.  Motion carried unanimously.

OTHER BUSINESS:

Public Comments:  None

Staff Comments:  None

Hicks reminded Commissioners that a workshop was scheduled for 7:30 PM to discuss the petition submitted by residents of Suncrest area concerning non-residential uses in R-1 and R-1A.

Motion to adjourn by Shamberger, seconded by DeMasters.  Motion carried unanimously.

ADJOURNMENT:  6:55 PM