MORGANTOWN PLANNING COMMISSION
MINUTES
October 11, 2007
6:30 P.M. City Council Chambers
Members Present: Marti Shamberger, Sam Loretta, Tim Stranko, Kathryn Greever, Peter DeMasters, Theresa Rich, Jennifer Selin, Ray Hicks (arrived at 6:50 PM)
Members Absent: Ken Martis
Staff Present: Christopher Fletcher, Planning Director
MATTERS OF BUSINESS:
A. Selin moved to approve the minutes of the June 28 and September 13, 2007 meetings; Stranko seconded it. The motion passed unanimously.
B. The approval of minutes for the July 12 and August 9, 2007 will be postponed until the November 13, 2007 meeting
C. Discuss and approve Bylaw revisions
Fletcher stated that the Planning Department drafted Bylaw revisions to address changes in State Code and the City’s Planning & Zoning Code. The format was modified to remove provisions addressing powers, roles, and responsibilities because these issues are addressed in either State Code or the City’s Planning & Zoning Code. The fundamental principles of the existing Bylaws were addressed in the proposed version.
Stranko asked if the proposed resolution was consistent with the City Charter and State Code. Fletcher advised that he believed it was but the City Attorney had not reviewed the draft proposal.
Stranko asked why the positions of “Chair” and “Vice-Chair” were changed to “President” and “Vice-President”. Fletcher advised that this change reflects the terminology used in State Code.
Stranko moved to adopt the resolution; DeMasters seconded it. The motion passed unanimously.
Fletcher read Resolution 2007-02 “Adopt Bylaws Annex 1 – Order & Conduct of Business.”
Selin asked what the proper procedure would be if a member is abstaining from voting. Fletcher advised that the Commissioner should inform the Commission following the President’s reading of the agenda item that he/she has a conflict in voting on the matter; state the reason for the conflict; leave the room before any discussion takes place; and, the President notes that the member has abstained during the vote on the matter. The member could rejoin the meeting following the vote. Fletcher noted that the reason for leaving the room during the discussion and vote is because one could argue that the person’s presence may influence the discussion and vote.
Stranko stated this procedure should be followed and suggested that if there is any doubt about a conflict, the Commissioner should contact the City Attorney for advice. Stranko requested that additional annexes be drafted to guide conflicts of interest as well as address the issue of ex parte contact.
Selin asked that Section 3, Paragraph (I) provide a provision excluding a Commissioner’s responsibility to announce that he/she has read the staff report and is familiar with it when the petitioner makes a full presentation of the request at a later meeting.
Stranko moved to table this resolution. Loretta requested clarification on Section 3. Stranko withdrew his motion.
Fletcher explained that if a Commissioner was absent from a meeting in which an item was tabled, and at the next meeting, that person was present, that he/she could participate in the discussion and vote provided he/she had reviewed the record of the meeting and the Staff Report.
DeMasters stated that if the tabled item was brought back before the Planning Commission, that procedure would not be necessary if the petitioner would be present at the meeting to make his presentation again.
Stranko moved to table the item and asked it be put on next month’s agenda. Selin seconded it. The motion passed unanimously.
OLD BUSINESS:
A. TX07-06 – Administratively requested text amendments to revise Article 1349 and 1351 of the Planning and Zoning Code as it relates to the B-4, General Business District and performance standards therein
Fletcher read the Staff Report regarding B-4 revisions and noted that items that were not included in last month’s proposed revisions were highlighted. He feels there are three key issues that are not included. Fletcher noted that there appears to be additional issues that need to be addressed separately so that the proposed revisions continue to move forward:
1. Overlay District – The purpose of an overlay district will be to distinguish the general wharf/riverside area for the purpose of encouraging desired development patterns that may not be conducive for the downtown business core; i.e. increased densities, higher building heights, contextual setbacks, etc.
2. Shared Parking – There appears to be a strong interest to reestablish the shared parking calculations in B-4 District that were in place prior to the January 2006 Zoning Amendment. I spoke with Mr. Wood this week and learned that the calculations were removed as a result of waiving all parking in the B-4 District.
3. Fee in lieu of Parking – Fletcher is working with Mr. Fanok and Mr. Arnold to evaluate the feasibility and desired program objectives.
4. Recycling – There is an interest in requiring new developments to include facilities for recyclable materials. It appears prudent to delay this provision until the “infrastructure” is sufficiently established to support collection and/or removal of recyclable materials.
Fletcher also noted that the recommended revisions strike Appendix A “Development Standards Table” entirely. The appendix only restates provisions contained in the body of the zoning ordinance. The table has become too large for one page and needs to be reformatted. The City Attorney agrees that the table is a necessary tool as it provides in one place a comparison of like standards across zoning districts. Staff will submit a reformatted appendix at a later date. Striking the appendix now removes inconsistencies with the ordinance so that the table can be reformatted later.
There being no additional questions by the Commission, Hicks asked for public comments.
Don Spencer, 565 Harvard Avenue, requested that the Planning Commission reconsideration the recommendation in Article 1349.03 concerning Lot Provisions. Maximum lot coverage had originally dropped back to 70% but is now up to 90% again. Models for research have come from cities where the sidewalks and streets are not as narrow as those in Morgantown. He recommended that the Commission consider 80% as a middle point. Concerning Article 1351.03 (l) Solid Waste, Spencer recommended that the Planning Commission consider adding the phrase “including recyclable materials.” Concerning Article 1349.08 Parking Standards, Spencer noted that .5 parking spaces per bedroom may be too high as discussed at a recent Sunnyside Up meeting and urged the Planning Commission to reduce the proposed minimum parking standard.
Bill Kawecki, 324 Cobun Avenue, thanked the Planner for his efforts to listen to public concerns and find solutions. Kawecki agrees it is difficult to come up with a document to cover all situations and he is comfortable with these recommendations. He asked that safeguards for the community to be heard are built into the review and approval process. In response to Mr. Spencer’s concerns about downtown parking, Kawecki stated in a perfect world downtown would be all pedestrian. But we shouldn’t remove parking just because we think that’s the way it should be.
Loretta asked why occupancy is not based on the size of the unit.
Fletcher advised that the Building Code could be used to determine occupancy rather than the current policy of “no more than three unrelated per dwelling unit” citywide. However, this shift in policy represents a significant change that may have unintended consequences. Staff is presently working on this issue to see if the “no more than three unrelated per dwelling unit” policy is still meeting its objective to protect single-family neighborhoods.
In response to the public comments, Fletcher noted that the recommendation to keep the maximum lot coverage at 90% responds to the concerns raised by property owners and developers and that very little support for increasing the maximum lot coverage standard was voiced. Fletcher noted that Staff will prepare revisions intended to ensure sufficient buffer between new buildings and narrow sidewalks. Concerning the recycling issue, Fletcher suggested that the issue could be brought back before the Planning Commission once the market conditions and infrastructure is in place to economically and efficiently remove recyclable materials.
Selin stated she would like to see this provision at some point. She also questioned masonry materials and gates for external solid waste containment facilities and whether there is a way to make them more aesthetically pleasing.
Fletcher noted that Staff will prepare revisions to address the aesthetic character of external solid waste containment facilities.
DeMasters moved to send a affirmative recommendation to City Council to approve the proposed revisions; Stranko seconded it. The motion passed unanimously.
NEW BUSINESS:
A. MSN07-27 / Davis / McLane Avenue & Sixth Street. Request by Charles Davis for minor subdivision approval for property located on McLane Avenue and Sixth Street. Tax Map #15 Parcels #171, 172, 172.1, 173; an R-2, Single and Two-Family Residential District.
Fletcher read the Staff Report and reviewed the attachment prepared by Staff that illustrates the petitioner’s request. He noted that the request appears to be the best way to clean up the existing parcel configuration by providing each structure with its own parcel.
Charles Davis, petitioner, was present.
There were no public comments offered.
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 Chair’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.
Motion to approve by Stranko with Staff’s recommended conditions; seconded by DeMasters. Motion approved unanimously.
B. MSNO7-28 / Jamison / White Avenue. Request by John Jamison for minor subdivision approval for property located on White Avenue. Tax Map #34 Parcel #22; an R-1A, Single-Family Residential District.
Fletcher read the Staff Report stating that the applicant seeks minor subdivision approval for property located on White Avenue as follows:
· Lot #1: To resolve an encroachment issue from the neighboring property, 3,888 ft ² will be transferred to Lot #14, which is owned by Tom Luckini and was a part of a major subdivision approved by the Planning Commission in March 1985. Lot #1 will retain approximately .2951 acres and front Karen Lane.
· Lot #2: The applicant seeks to increase the size of a parcel approved by the Planning Commission in September 2006 from .306 acres to .349 acres.
· Lot #3: The applicant seeks to create a .24 acre parcel and have 90 foot of road frontage on White Avenue.
John Jamison, petitioner, was present and stated that when he purchased the 10 acre tract and had it surveyed (Lot 1), Tom Luckini built a garage 13’ across the property line. Mr. Luckini has submitted a letter in support of the subdivision approval. Lot 2 shows a lot will be created to adjoin into the Lot 1 area increasing the size to 3.49, making easier access on Karen Lane. Lot 3 creates an additional building lot.
There were not public comments offered.
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 Chair’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.
Motion to approve by Selin with Staff’s recommended conditions; seconded by Hicks. Motion approved unanimously.
C. MNSO7-29 / Jamison / 710 Parkside Lane. Request by John Jamison for minor subdivision approval for property located at 710 Park Side Lane. Tax Map #35 Parcels #300 & 300.2; an R-3, Multi-Family Residential District.
Fletcher read the Staff Report stating that the petitioner seeks to reconfigure three existing parcels, which are a part of a major subdivision approved by the Planning Commission in February 2001. The applicant requests subdivision approval for a minor boundary adjustment to reconfigure three parcels utilizing a portion of a 30’ street right-of-way that is currently under review for an annulment. The proposed parcels exceed the minimum lot area standard of 4,000 ft2 and minimum lot frontage standard of 40 ft for the R-3 District. The following describes the proposed parcel configurations:
· Tract #12 will contain approximately 12,229 ft² and have 45 foot of frontage on Parkside Lane
· Tract #115 will contain approximately 5,011 ft² and have 56.51 foot of frontage on White Avenue
· Tract #114 will contain approximately 5,002 ft² and have 41.6 foot of frontage on White Avenue
John Jamison, petitioner, was present.
There were no public comments offered.
Fletcher stated that Staff recommends approval with the following conditions:
1. That City Council approves the petitioner’s related right-of-way annulment.
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 Chair’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.
Motion to approve by Stranko with Staff’s recommended conditions; seconded by DeMasters. Motion approved unanimously.
D. MNS07-30 / Wedgewood Medical Facility / Burroughs Street. Request by Wedgewood Medical Facility for minor subdivision approval for property located on Burroughs Street. Tax Map #55 Parcels #93.1 & 93.2
Fletcher read the Staff Report stating that the applicant seeks subdivision approval for the combination of two existing parcels into one 21,997 ft² (.5 acre) parcel. The proposed parcel exceeds the PRO District minimum lot area of 7,000 ft2 and minimum lot frontage of 60 ft standards.
Scott Krabill was present representing the petitioner.
There were no public comments offered.
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 Chair’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.
Motion to approve by Stranko with Staff’s recommended conditions; seconded by Hicks. Motion approved unanimously.
E. MNSO7-31 / Bocci LLC & Blue Chip Investment, LLC / Donley Street. Request by Bocci, LLC and Blue Chip Investment, LLC for minor subdivision approval for property located on Donley Street. Tax Map #28 Parcels #16 & 17; a B-4 General Business District.
Fletcher read the Staff Report stating that the applicant seeks subdivision approval for a minor boundary adjustment to combine a 1,445 ft² parcel to an existing 14,679 ft². The proposed parcel will contain 16,124 ft² and extend the Donley Street frontage by an additional thirty-three (33) feet. The proposed parcels exceed the B-4 District minimum lot area of 1,500 ft2 and minimum lot frontage of 50 ft standards.
David Lorenze was present to represent the petitioners.
There were no public comments offered.
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 Chair’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.
Motion to approve by DeMasters with Staff’s recommended conditions; seconded by Stranko. Motion approved unanimously.
OTHER BUSINESS:
A. Public Comments. None
B. Staff Report – Comprehensive Plan. Fletcher distributed the Planning Department’s BY 2007-2008 budget request for the partial funding of a Comprehensive Plan. The request was not funded, but the Planning Department believes that the Administration and City Council plan to undertake the project in calendar year 2008. Fletcher advised that the Comprehensive Plan is the Planning commission’s most important role. State Code requires that it be updated every 10 years. Stranko requested that the Planning Department develop a rough scope of work so that Commissioners have a better understanding of the comprehensive planning process.
The meeting adjourned at 8:30 PM.