MORGANTOWN PLANNING COMMISSION

MORGANTOWN PLANNING COMMISSION

Minutes

May 8, 2008

6:30 PM Council Chambers

MEMBERS PRESENT: Marti Shamberger, Peter DeMaster, Sam Loretta, Tim Stranko, Barbara Ferrell, Kathryn Greever, Ken Martis, Jennifer Selin

MEMBERS ABSENT: Theresa Rich

STAFF: Christopher Fletcher, AICP

I. Call to order and roll call: Shamberger called the meeting to order at 6:30 PM

II. MATTERS OF BUSINESS:

A. Approval of March 13, 2008 minutes. Stranko moved to accept the minutes as submitted; second by DeMasters. The motion passed unanimously.

B. Approval of April 10, 2008 minutes. Stranko moved to accept the minutes as submitted; second by Greever. The motion passed unanimously with DeMasters abstaining from the vote do to his absence at the meeting.

III. OLD BUSINESS: None

IV. NEW BUSINESS:

A. MNS08-09 / Cavender / 243 Morris Street: Request for minor subdivision approval for property located at 243 Morris Street. Tax Map #29 Parcel #419 & 420; an R-1A, Single-Family Residential District

Fletcher read the Staff Report stating that the petitioner seeks to reconfigure the boundary separating two existing parcels located on Morris Street. The proposed reconfiguration respects the “all side lines of lots shall be at right angles to street lines” provision of Article 1321.06 (b) of the Planning & Zoning Ordinance. No additional parcels will be created by said boundary adjustment.

The reconfigured parcels meet or 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. A copy of the plat was provided to members at the meeting.

Petitioner Dave Cavender was present to speak on behalf of the petition and stated that it is his intent to build this home and actually move into it. It is not his intention to use this property as a rental unit. It will be owner-occupied. Cavender added that the existing structure on the property is a garage apartment which has been there since 1918. He has no intentions to tear it down, and will actually move into this apartment while the house is being constructed.

Shamberger asked for public comment, either in favor or against the petition. There being none, Shamberger 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.

Selin asked Fletcher if the vacant property configuration creates a buildable parcel. Fletcher replied that it does.

DeMasters moved to approve Cavender’s application with conditions recommended by Staff; seconded by Selin. The motion passed unanimously.

B. MNS08-10 / Blosser / 1433 Ashland Avenue: Request for minor subdivision approval for property located at 1433 Ashland Avenue. Tax Map #24 Parcel #341, 342, 343; an R-1A, Single-Family Residential District.

Fletcher read the Staff Report stating that the petitioner seeks to re-subdivide four existing parcels into two new parcels for realty located on Ashland Avenue. The new 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 will be created for the existing structure.

Fletcher stated that the petitioner requested to be represented by Staff. Fletcher stated that the plat provided shows the existing building being constructed across parcel boundary lines.

Demasters asked whether a right-of-way request was also made. Fletcher stated he believed an easement controlling driveway access across parcels was already in place. Fletcher suggested that the recommended conditions enumerated in the Staff Report be revised to address this issue.

Shamberger asked for public comment, either in favor or against the request. There being none, Shamberger closed the public comment portion of the hearing and for staff’s recommendations.

Fletcher stated that Staff recommends approval with the following revised conditions:

2. That an easement be recorded with both deeds that ensures right of access for the existing driveway.

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 with Staff’s recommended; second by DeMasters. The motion passed unanimously.

C. MNS08-11 / Scott / 1058 Koontz Avenue: Request for minor subdivision approval for property located at 1058 Koontz Avenue. Tax Map # 6 Parcel #8; an R-1, Single-Family Residential District.

Fletcher read the Staff Report stating that the petitioner seeks to subdivide one parcel into two lots. The lot with the existing house will be 10,705.76 ft² and the proposed lot would be 10,264.28 ft².

The reconfigured parcel exceeds the R-1 District minimum lot area standard of 7,200 ft² and minimum lot frontage standard of 70 feet. No setback encroachments will be created for the existing structure.

Applicant Jacquelyn Scott Cyphert was present to speak on behalf of her petition stating that she wants to divide the lot so that the new lot can be sold as a buildable parcel.

Shamberger asked for public comment, either in favor or against the petition. There being none, Shamberger closed the public comment portion of the hearing and asked for staff’s recommendation.

Fletcher stated that Staff recommends approval with the following conditions

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 request with the conditions recommended by Staff; seconded Loretta. The motion passed unanimously.

V. NEW BUSINESS:

A. PUBLIC COMMENT: None

B. STAFF REPORT:

1. Fletcher stated that he had advised Jenny Dinsmore, President of the Suncrest Neighborhood Association that their working committee should meet with affected property owners to identify consensus policy issues relating to the contemplated overlay district. Fletcher stated that it appears that the association is now involved with other concerns facing the neighborhood but expects to hear from Ms. Dinsmore in the future.

2. Fletcher reported that Mr. Gene Perilli zoning map amendment request has been denied by City Council. Mr. Perilli met with the residents of Greenmont neighborhood to discuss the matter. Fletcher stated that he attended a portion of the meeting and shared that the primary concern of the neighborhood was the potential precedent that may be set if the request was approved by City Council.

Stranko stated that he did not agree with the precedent concern and that each request that comes before the Commission is reviewed individually based on the merits of the specific request. Fletcher added that he is hopeful that the upcoming comprehensive plan update includes recommendations for this and other similar areas.

Stranko asked Selin if City Council sent any information back. Selin stated that once there is a change in an area it makes other property owners take notice. If something is changed in a certain area, it becomes a concern. Designations shouldn’t be lost so easily. The neighborhood association expressed their concerns. They are working on using public programs for façade enhancements, etc., and there are now programs available that people are starting to take advantage of. Selin stated that she advised City Council that in defense of the Planning Commission, they just didn’t want to see property vacant and in disrepair, and that new comments opposing the request were submitted or made to the Planning Commission. Selin also noted that City Council’s decision was not based on any concerns with the applicant.

Loretta asked if there is any new interest with the Housing Authority refurbishing houses in that area. Selin stated there is at least one city employee taking advantage of purchasing a home there with the new downpayment assistance program. Fletcher stated that the Housing Authority will continue to pursue acquisition of properties in Greenmont for rehabilitation as funds and properties become available.

3. Fletcher reported that the Downtown Strategic Plan Update RFP’s are due May 13, 2008. Fletcher reminded Commissioners that the project is a Planning Commission project and that members will be asked to serve on the steering committee. The selection committee includes Jeff Mikorski, Chris Fletcher, Tim Stranko, Terri Cutright, Bob Merow.

4. Concerning the status of the Planning Commission representative to Traffic Commission, Fletcher reported that he and Terry Hough, City Engineer, will meet to discuss what steps should be taken to ensure continued communications between the Planning Commission and Traffic Commission. The Traffic Commission recently identified that Ken Martis’ status on the Traffic Commission as a non-voting member, which better reflects the City ordinance that created the Traffic Commission.

Loretta asked if the Planning Commission needs to make a recommendation to City Council. Fletcher advised that he didn’t believe the issue was at this stage yet but that he and Hough would formulate and submit a recommendation to both the Planning Commission and the Traffic Commission.

Martis requested that the issue be placed on the Planning Commission’s June meeting.

5. Fletcher provided a status report concerning the City Gardens development by Metro Properties on North Willey Street. The developer had filed a Writ of Certiorari to appeal the Planning Commission’s denial of the third building but later withdrew same. The developer then met with Staff to discuss potential for alternate development scenarios. A modified site plan was submitted to the Planning Department on April 21 and reviewed on April 24. On May 5, a certified letter was sent to the developer advising him that the site plan modifications would have to go before the Planning Commission. During the Planning Department’s review, a building permit was issued for the second building. The developer assumed that the permit included the proposed modifications and proceeded with pouring footers. Code Enforcement later realized that the work being completed included proposed modifications, which had not yet been approved. The City Manager met with the developer and it was agreed that the developer could proceed at his own risk and that the Planning Commission would be asked to hold a special meeting to review the modifications. The sense of urgency in holding a special meeting to obtain a decision by the Planning Commission either to approve or to deny the proposed modifications. A decision sooner will reduce the risk of the developer and enable to Administration to either issue related building permits or proceed with enforcement action. Fletcher stated that the Planning Commission’s By-laws state the President may call a special meeting or by written request of two Planning Commissioner.

Martis asked if there was enough time to get letters out to the affected zone. Fletcher responded that every effort will be made to notify property owners within the area including letters, phone calls, etc.

Stranko said he supported a special meeting so that construction doesn’t continue for an extended period of time. He requested packets be sent prior to the meeting so Commission members could review before the meeting.

After a brief discussion concerning Commissioners’ availability, it was decided that a special meeting would be held on May 15, 2008 at 6:30 PM in City Council Chambers.

Selin suggested since this meeting is on such short notice, as much information as can be given in the letters to neighboring property owners be provided.

Stranko stated the applicant should understand the Planning Commission is looking at this situation on its merits and not because any work has begun on the project.

Selin requested continuing education be done for the Planning Commission at some point in the near future. Fletcher stated that Staff had conducted a very successful workshop with the Board of Zoning Appeals following one of their recent meetings. Fletcher agreed to monitor the extent of the Commission’s June meeting to see if a workshop could be conducted afterword.

Stranko moved to adjourn at 7:40 PM; seconded by DeMasters. The motion passed unanimously.