City Council

\lrbe ~itp of fflorgantotun Linda L. Tucker, CMC 389 Spruce street, Room 10 Morgantown, West Virginia 26505 (304) 284-7439 Fax: (304) 284-7525 llittle@cityofmorgantown.org Office of the City Clerk AGENDA MORGANTOWN CITY COUNCIL COMMITTEE OF THE WHOLE February 24, 2015 7:00 p.m. NOTE: Committee of the Whole Meetings of the Morgantown City Council are intended to provide an opportunity for the Council to receive information, ask questions, and identify policy options in an informal setting. No official action is taken at these meetings. At this Committee of the Whole Meeting the following matters are scheduled: PUBLIC PORTION: ITEMS FOR DISCUSSION: 1. Discussion of reducing speed at intersection of 119 & 73 2. Home Rule Application Amendment 3. Zoning Map Amendment from B·1 District to B·2 District 4. Zoning Map Amendment from R·2 District to R·3 District 5. FY 2015·2016 Budget Discussion *If you need an accommodation contact us at 284·7439* Page 1 of 68  RESOLUTION WHEREAS, the Monongalia County Commission has requested that the City support its efforts to have the speed limit decreased in the area of the intersection of Rt. 119 and Rt. 73; and WHEREAS, this area has been noted to be one of the most dangerous intersections in Monongalia County with an average of one accident per week; and WHEREAS, although the roadway was annexed into the City in 2007 as part of the annexation of the Walmart property, the City of Morgantown does not control traffic speed or signals at this intersection; and WHEREAS, the City supports the Commission's request for a reduced speed limit and a flashing yellow "caution" light; NOW, THEREFORE, BE IT RESOLVED by the City of Morgantown this _ _ day of March, 2015, that the City supports the Monongalia County Commission's efforts to urge the West Virginia Department of Transportation, Division of Highways to reduce the speed limit at the intersection of u.s. Rt. 119 and Rt. 73. MAYOR CITY CLERK Page 2 of 68  MONONGALIA COUNTY COMMISSI()N 243 HIGH STREET, ROOM 202 COURTHOUSE MORGANTOWN, WEST VIRGINIA 26505 Eldon A. Callen, Commissioner Telephone: 304 291-7257 Tom Bloom, Commissioner Edward A. Hawkins, Commissioner January 15, 2015 Mr. Ray Urse \fIN Department of Transportation Division of Highways, District Four P. O. Box 4220 Clarksburg, West Virginia 26302-4220 Dear Mr. Urse: The Monongalia County Commission asked that I contact you with a request to decrease the speed limit in the area of the intersection of RT. 119 and RT. 73. As you are aware, this intersection is probably one of the most dangerous in Monongalia County. We are averaging at least one serious accident per week. This problem has only gotten worse during the past seven years. We are grateful the DOH has made some improvements with stripping and traffiG control sticks, but this has not resolved the problem . The Commission would also like you to consider the installation of flashing yellow "Caution" lights in the area. This would no doubt bring greater attention to this intersection. A copy of this letter is being sent to the City of Morgantown asking for their support since technically the roadway is within the City limits. Any consideration you may be able to provide the residents and travelers of Monongalia County would be greatly appreciated. Thank you. For the Commission, Diane F. DeMedici County Administrator Monongalia County Commission Cc: Jeff Mikorski Page 3 of 68  Development Services 389 Spruce Street Morgantown, WV 26505 304.284.7431 MEMOR ANDU M Date: 19 FEB 2015 To: Jeff Mikorski, City Manager .....................................................................................via email Linda Little, City Clerk ..............................................................................................via email RE: City Council Committee of the Whole Agenda – 24 FEB 2015 RZ15-03 / Glenmark Holding, LLC / Greenbag Road Zoning Map Amendment from B-1 District to B-2 District During its 12 FEB 2015 hearing, the Planning Commission voted to forward a recommendation to City Council to approve the above referenced Zoning Map Amendment petition. Attached herewith are the related ordinance and Staff Report presented to the Planning Commission, which provides background, Staff analysis, and recommendations. The following dates will keep to standard Planning and Zoning Code Map Amendment protocol:  City Council Committee of the Whole ................................. TUE, 24 FEB 2015  City Council First Reading .................................................. TUE, 03 MAR 2015  City Council Public Hearing and Second Reading .............. TUE, 07 APR 2015 Please include this item on the City Council meeting agendas noted above and include this communication and attachments in the 24 FEB Committee of the Whole meeting packet. Only the ordinance should be included in the 03 MAR and 07 APR meeting packets. Thank you. Attachments: Draft Ordinance RZ15-03 Staff Report From the Desk of: Page 1 of 1 Christopher M. Fletcher, AICP Director of Development Services  ATTACHMENT 1 RZ15-03 ORDINANCE  ORDINANCE NO._____________ AN ORDINANCE PROVIDING FOR THE ZONING RECLASSIFICATION OF ONE (1) PARCEL OF REAL ESTATE IN THE FIRST WARD OF THE CITY OF MORGANTOWN FROM B-1, NEIGHBORHOOD BUSINESS DISTRICT TO B-2, SERVICE BUSINESS DISTRICT BY AMENDING ARTICLE 1331 OF THE PLANNING AND ZONING CODE OF THE CITY OF MORGANTOWN AS SHOWN ON THE EXHIBIT HERETO ATTACHED AND DECLARED TO BE A PART OF THIS ORDINANCE AS IF THE SAME WAS FULLY SET FORTH HEREIN. Property included in this consideration is identified in the Monongalia County Assessor’s records as Parcel 48A of County Tax Map 15; Morgantown Corporation District. THE CITY OF MORGANTOWN HEREBY ORDAINS: 1. That the zoning classification for Parcel 15 of County Tax Map 48A of the Monongalia County tax assessment as described herein and illustrated on the exhibit hereto attached and declared to be a part of this Ordinance to be read herewith as if the same was fully set forth herein is reclassified from B-1, Neighborhood Business District to B-2, Service Business District. 2. That the (B) Buffer District Classification established by Ordinance 98-01 adopted by the City of Morgantown on January 6, 1998, as described therein and illustrated on the exhibit hereto attached and declared to be a part of this Ordinance to be read herewith as if the same was fully set forth herein, shall remain in effect twenty-five (25) feet in depth with access prohibited to the abutting street, the intent of this zoning classification is to establish the area as a landscape buffer to the adjacent elementary school. 3. That the Official Zoning Map be accordingly changed to show said zoning reclassification. This Ordinance shall be effective from the date of adoption. FIRST READING: __________________________ Mayor ADOPTED: FILED: __________________________ RECORDED: City Clerk Page 1 of 2  RIC HA RD E AV R-1 RD AG E E NB LN GR EY LUCK Ta Pa x rce M l ap 15 48 ORDINANCE EXHIBIT: A RZ15-03 / from B-1 to B-2 Legend Realty to be rezoned from B-1 to B-2 (B) Buffer District DORSEY AVE Zoning Districts Parcels I Buildings Roads RD AG E NB G RE Planning Division 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 2 of 2  ATTACHMENT 2 RZ15-03 STAFF REPORT  MORGANTOWN PLANNING COMMISSION February 12, 2015 6:30 PM City Council Chambers Planning Commissioners: Sam Loretta, 1st Ward STAFF REPORT Tim Stranko, 2nd Ward CASE NO: RZ15-03 / Glenmark Holding, LLC / Greenbag Road William Wyant, 3rd Ward Bill Petros, 4th Ward REQUEST and LOCATION: th Mike Shuman, 5 Ward Request by Lisa Mardis, on behalf of Glenmark Holding, LLC, for a Zoning Map Peter DeMasters, 6th Ward Amendment to reclassify property from B-1, Neighborhood Business District to B-2, Carol Pyles, 7th Ward Service Business District Ken Martis, Admin. Bill Kawecki, City Council TAX MAP NUMBER(s) and ZONING DESCRIPTION: Tax Map 48A, Parcel 15 SURROUNDING ZONING: R-1, Single Family Residential District BACKGROUND: The petitioner seeks approval to reclassify the subject 2.65 acre parcel from B-1 to B-2. Addendum A of this report illustrates the location of the subject property. The subject parcel was a part of an annexation of 64.68 acres in 1993 under Ordinance 93-39. For reasons unknown to current Staff, zoning classifications for this annexed area were not enacted until 1998 by Ordinance 98-01 (see attached ordinance). In addition to determining the B-1 classification for the subject parcel, a twenty-five (25) foot (in depth) “Buffer District Classification” was established along the property’s Luckey Lane frontage. This twenty-five foot strip prohibits access from Luckey Lane and is intended to establish a landscape buffer to Mountainview Elementary School. In 2006, the City’s zoning regulations were rewritten and the cumulative or pyramid zoning structure that was in place was largely abandoned. Cumulative zoning positions a narrowly defined residential classification at the top of its zoning scale and an open classification at the bottom allowing the number and type of permitted uses at each successive level to increase. This land use structure prevents anticipation of infrastructure and service demands, results in wastefully organized resources, and promotes a compilation of incompatible land uses in the bottom levels (e.g. single-family homes permitted in more intense commercial districts and industrial districts). Development Services Department With the elimination of the cumulative structure, the several business districts were reoriented in terms of desired land use and development patterns (permitted land uses, Christopher Fletcher, AICP Director massing, intensity, building envelopes, performance standards, parking requirements, etc.) and the B-3 District was eliminated. Today’s B-1 District desires and promotes Planning Division mixed uses at key neighborhood nodes and along secondary corridors connecting 389 Spruce Street neighborhoods. To this point, the following is presented to compare the Planning and Morgantown, WV 26505 Zoning Code’s stated purposes for today’s B-1 and B-2 Districts. 304.284.7431 Page 1 of 3  MORGANTOWN PLANNING COMMISSION February 12, 2015 6:30 PM City Council Chambers Planning Commissioners: Article 1345.01 – The purpose of the Neighborhood Business (B-1) District is to provide Sam Loretta, 1st Ward areas for convenient business uses, which tend to meet the daily shopping and service Tim Stranko, 2nd Ward needs of the residents of an immediate neighborhood, and which contain pedestrian- oriented, human-scaled construction that is designed to be compatible with the William Wyant, 3rd Ward surrounding neighborhood character. Because of the proximity to residential Bill Petros, 4th Ward neighborhoods, high quality design is essential in order to preserve the integrity of those neighborhoods. Mike Shuman, 5th Ward Peter DeMasters, 6th Ward Article 1347.01 – The purpose of the Service Business (B-2) District is to provide areas th Carol Pyles, 7 Ward that are appropriate for most kinds of businesses and services, particularly large space users such as department stores. Typically B-2 districts are located along major Ken Martis, Admin. thoroughfares. Bill Kawecki, City Council Although historical traffic counts were not researched for Green Bag Road or Kingwood Pike, it stands to reason that average daily traffic counts have increased along these corridors since the B-1 zoning classification for the subject property that was established in 1998. ANALYSIS: Comprehensive Plan Concurrence As recommended in Chapter 9 “Implementation” of the 2013 Comprehensive Plan Update, Addendum B of this report identifies how the proposed development program relates to the land management intent, location, and pattern and character principles of the current Comprehensive Plan. It should be noted that “shall” statements within the Comprehensive Plan must be understood as desired objectives and strategies that do not have the force or effect of law unless incorporated into the City’s Planning and Zoning Code. The Plan identifies the subject site as an “Infill and Redevelopment” concept area; a “Mountain / Valley Corridor” pattern and character areas; and, a “Corridor Enhancement” concept area. STAFF RECOMMENDATION: Zoning map amendment requests should be evaluated on their land-use merits alone. The petitioners’ development intentions are extraneous and the Commission should consider the request on its merits as a land-use decision. In conducting such an analysis, the Commission should determine if the B-2, Service Development Services Business District is the appropriate zoning classification for the subject realty, weighing Department all possible future development and land use scenarios as permitted by the Planning and Christopher Fletcher, AICP Zoning Code; particularly, Article 1347 “B-2, Service Business District” and Table Director 1331.05.01 “Permitted Land Uses”. Planning Division Staff advises the Commission to forward a recommendation to City Council to approve 389 Spruce Street the requested zoning map amendment so that the zoning classification of Parcel 48A of Morgantown, WV 26505 Tax Map 15 is amended from the B-1 District to the B-2 District and that the “Buffer 304.284.7431 District Classification” established in the Ordinance 98-01 remains in effect by Page 2 of 3  MORGANTOWN PLANNING COMMISSION February 12, 2015 6:30 PM City Council Chambers Planning Commissioners: maintaining a twenty-five foot strip along the property’s Luckey Lane frontage where Sam Loretta, 1st Ward access from Luckey Lane is prohibited and a landscape buffer to Mountainview Tim Stranko, 2nd Ward Elementary School is planned as a part of future development. William Wyant, 3rd Ward Bill Petros, 4th Ward Mike Shuman, 5th Ward Peter DeMasters, 6th Ward Carol Pyles, 7th Ward Ken Martis, Admin. Bill Kawecki, City Council Development Services Department Christopher Fletcher, AICP Director Planning Division 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 3 of 3  STAFF REPORT ADDENDUM A RZ15-03 / Glenmark Holding, LLC / Greenbag Road Clipped from Google Maps Mountainview Elementary Clipped from Google Maps RZ15-03 Page 1 of 2 Addendum A  Clipped from Google Maps Part of Tax Map 48A RZ15-03 Page 2 of 2 Addendum A  STAFF REPORT ADDENDUM B RZ15-03 / Glenmark Holding, LLC / Greenbag Road Concurrence with the 2013 Comprehensive Plan Update The following narrative identifies where, in the opinion of the Planning Division, the subject development of significant impact is in concurrence and/or is inconsistent with the 2013 Comprehensive Plan Update. Development proposals will reflect the spirit and values expressed in INTENT the Plan’s principals. Principles for Land Management Principal 1 Infill development and redevelopment of underutilized ☒ Concurrence and/or deteriorating sites takes priority over development ☐ Inconsistent in green field locations at the city’s edge. ☐ Other Although the undeveloped site is situated at the city’s edge, it is identified as an “Infill and Redevelopment” concept area and a “Corridor Enhancement” area. Principal 2 Expansion of the urban area will occur in a contiguous ☒ Concurrence pattern that favors areas already served by existing ☐ Inconsistent infrastructure. ☐ Other The site is situated on a main thoroughfare along which commercial and residential development has occurred but outside the city. Principal 3 Downtown, adjacent neighborhoods and the riverfront will ☐ Concurrence be the primary focus for revitalizations efforts. ☐ Inconsistent ☒ Other The site is not situated in one of the noted revitalization areas but is identified as an “Infill and Redevelopment” concept area and a “Corridor Enhancement” area. Principal 4 Existing neighborhoods throughout the city will be ☒ Concurrence maintained and/or enhanced. ☐ Inconsistent ☐ Other The site is not situated within a neighborhood where B-1 zoning should be preserved. Principal 5 Quality design is emphasized for all uses to create an ☒ Concurrence attractive, distinctive public and private realm and ☐ Inconsistent promote positive perceptions of the region. ☐ Other The site is highly visible from the well-traveled Green Bag Road. Principal 6 Development that integrates mixed-uses (residential, ☒ Concurrence commercial, institutional, civic, etc.) and connects with ☐ Inconsistent the existing urban fabric is encouraged. ☐ Other Mixed-use residential and nonresidential uses and development patterns are more permissible in the R-3 District than the R-2 District. Principal 7 Places will be better connected to improve the function of ☒ Concurrence the street network and create more opportunities to walk, ☐ Inconsistent bike and access public transportation throughout the ☐ Other region. The site is in close proximity to Mountain Line’s Orange and Mountain Heights lines. Principal 8 A broad range of housing types, price levels and ☒ Concurrence occupancy types will provide desirable living options for a ☐ Inconsistent diverse population. ☐ Other Although the petitioner’s development intentions are not known and are extraneous to zoning map amendment considerations, mixed-use, multi-family, over-store, and townhouse dwelling units are permitted in the B-2 District compared to mixed-use and over-store dwellings in the B-1 District. Principal 9 Residential development will support the formation of ☐ Concurrence complete neighborhoods with diverse housing, ☐ Inconsistent pedestrian-scaled complete streets, integrated public ☒ Other spaces, connection to adjacent neighborhoods, and access to transportation alternative and basic retail needs. The petitioner’s development intentions are not known and are extraneous to zoning map amendment considerations Principal 10 Parks, open space, and recreational areas are ☐ Concurrence incorporated as part of future development. ☐ Inconsistent ☒ Other The planning and programming of passive and active open space requires development plans that should not be a part of zoning map amendment request considerations. Principal 11 Environmentally sensitive and sustainable practices will ☐ Concurrence be encouraged in future developments. ☐ Inconsistent ☒ Other The developer’s goals and objectives concerning sustainable design and construction techniques and industry accepted best practices are not known.  Development proposals will be consistent with the Land Management Map. If the proposal applies to an area intended for growth, infill, revitalization, or redevelopment, then it should be LOCATION compatible with that intent and with any specific expectations within Areas of Opportunity. If the proposal applies to an area of conservation or preservation, it should be compatible with and work to enhance the existing character of the immediate surroundings. The following graphic is clipped from the Conceptual Growth Framework Map included on Page 19 of the 2013 Comprehensive Plan Update. The subject development site is located within the “Infill and Redevelopment” area.  Development proposals in growth areas will be consistent with PATTERN preferred development types. Development in areas where growth is AND not intended should be compatible with the relevant Character Areas CHARACTER description and expectations for how those areas should evolve in the future. The following graphic is clipped from Map 3 – Pattern and Character included on Page 27 of the 2013 Comprehensive Plan Update. The subject development site is located within the “Mountain / Valley Corridor” pattern and character area. The following graphic is clipped from Map 4 – Land Management included on Page 39 of the the 2013 Comprehensive Plan Update. The subject development site is located within the “Corridor Enhancement” concept area. The following graphics are clipped from Pages 41 through 43 of the 2013 Comprehensive Plan Update and identify the development types desired within the “Corridor Enhancement” concept area. OBJECTIVES AND Land Management STRATEGIES  City of Morgantown, West Virginia OFFICE USE APPLICATION FOR CASE NO. RECEIVED: FOR ZONING MAP AMENDMENT COMPLETE: ADDENDUM A - Zoning Map Amendment Process Step An application for an amendment, or change, to the City’s Official 1 Zoning Map is filed with the Planning Department. Step The Planning Department conducts a formal review of the completed 2 application and prepares appropriate mapping and the petition. The Planning Department publishes a legal advertisement describing Step the petition for a zoning map amendment at least 15 days prior to the 3 scheduled public hearing before the Planning Commission. The Planning Department also notifies property owners within 200 feet of the proposed map amendment. The Planning Commission holds a duly scheduled public hearing on Step the zoning map amendment petition, prepares a report, and makes a 4 recommendation to City Council. Step City Council hears the petition in accordance with its rules and 5 procedures, normally two readings and an additional public hearing. APPROVED DENIED If the petition for the zoning If the petition for the zoning map amendment is approved map amendment is denied by by City Council, the applicant City Council, the applicant is receives approval and is formally notified in writing by formally notified by mail by the the Planning Department of Planning Department. The the denial and the right to Planning Department amends appeal the decision to the the Official Zoning Map to Circuit Court of Monongalia reflect the approved map County. amendment. Planning Department ♦ 389 Spruce Street, Morgantown, WV 26505 Page 2 of 2 304.284.7431 ♦ 304.284.7534 (f) Form Rev. 01.03.06  Supplemental information | Glenmark Holding, LLC Zoning Map Amendment Location: Greenbag Road, Morgantown, West Virginia. Tax Map/Parcel: #48A/ #15 Size: 2.651 AC Request: B-1, Neighborhood Business District to B-2, Service Business District Current Land Use: Vacant Proposed Land Use: TBD / Commercial Miscellaneous: Lucky Lane is County Route 81 / 6 (as determined by the City of Morgantown, Engineering Deparment) The following Information was obtained from the City of Morgantown Planning and Zoning Code B-1, Neighborhood Business District The purpose of the B-1 District is to: • Provide for convenient business uses that meet the daily shopping and service needs of residents of an immediate neighborhood • Provided pedestrian-oriented, human-scaled construction compatible with neighborhood character B-2, Service Business District The purpose of the B-2 District is to: • Provide areas that are appropriate for most kinds of businesses • Typically located along major thoroughfares 1 Glenmark Holding, LLC | Zoning Map Amendment | Tax Map #48A Parcel #15  Proposed area for map amendment Portion of Monongalia County Tax Map #48A 2 Glenmark Holding, LLC | Zoning Map Amendment | Tax Map #48A Parcel #15  Portion of City of Morgantown Zoning Map 3 Glenmark Holding, LLC | Zoning Map Amendment | Tax Map #48A Parcel #15  Google Earth maps / Stars indicate proposed area for map amendment Hatched area indicates approximate municipal boundaries of the City of Morgantown. Star indicates proposed realty for map amendment. 4 Glenmark Holding, LLC | Zoning Map Amendment | Tax Map #48A Parcel #15 Information obtained from the City of Morgantown Comprehensive Plan until otherwise indicated. . 5 Glenmark Holding, LLC | Zoning Map Amendment | Tax Map #48A Parcel #15 6 Glenmark Holding, LLC | Zoning Map Amendment | Tax Map #48A Parcel #15 7 Glenmark Holding, LLC | Zoning Map Amendment | Tax Map #48A Parcel #15 8 Glenmark Holding, LLC | Zoning Map Amendment | Tax Map #48A Parcel #15 Comprehensive Plan - stop 9 Glenmark Holding, LLC | Zoning Map Amendment | Tax Map #48A Parcel #15 10 Glenmark Holding, LLC | Zoning Map Amendment | Tax Map #48A Parcel #15  Photographs from Google Earth, 2014 Google Proposed map amendment site Greenbag Road Proposed Area Greenbag Road 11 Glenmark Holding, LLC | Zoning Map Amendment | Tax Map #48A Parcel #15 Proposed site Luckey Lane Proposed Site Greenbag Road 12 Glenmark Holding, LLC | Zoning Map Amendment | Tax Map #48A Parcel #15  Proposed Site Luckey Lane Greenbag Road Proposed Site Luckey Lane 13 Glenmark Holding, LLC | Zoning Map Amendment | Tax Map #48A Parcel #15  Proposed Site Former Wonder Bread Store/ Currently the Atomic Grill Greenbag Road Vicinity Photographs Proposed Site Former Wonder Bread Store/ Now Atomic Grill Greenbag Road /intersection 14 Glenmark Holding, LLC | Zoning Map Amendment | Tax Map #48A Parcel #15  Photograph showing commercial along Greenbag Road. Not in City Limits Commercial Greenbag Road Located directly across from proposed site on Greenbag Road. Land use: agricultural. Not located in City limits Proposed Site Luckey Lane 15 Glenmark Holding, LLC | Zoning Map Amendment | Tax Map #48A Parcel #15  Proposed Site Intersection of Dorsey Avenue and Luckey Lane Luckey Lane Dorsey Center Dorsey Avenue 16 Glenmark Holding, LLC | Zoning Map Amendment | Tax Map #48A Parcel #15 Continue next page 17 Glenmark Holding, LLC | Zoning Map Amendment | Tax Map #48A Parcel #15 18 Glenmark Holding, LLC | Zoning Map Amendment | Tax Map #48A Parcel #15 19 Glenmark Holding, LLC | Zoning Map Amendment | Tax Map #48A Parcel #15 20 Glenmark Holding, LLC | Zoning Map Amendment | Tax Map #48A Parcel #15  Development Services 389 Spruce Street Morgantown, WV 26505 304.284.7431 MEMOR ANDU M Date: 19 FEB 2015 To: Jeff Mikorski, City Manager .....................................................................................via email Linda Little, City Clerk ..............................................................................................via email RE: City Council Committee of the Whole Agenda – 24 FEB 2015 RZ15-02 / Scott Properties, LLC Zoning Map Amendment from R-2 District to R-3 District During its 12 FEB 2015 hearing, the Planning Commission voted to forward a recommendation to City Council to approve the above referenced Zoning Map Amendment petition. Attached herewith are the related ordinance and Staff Report presented to the Planning Commission, which provides background, Staff analysis, and recommendations. The following dates will keep to standard Planning and Zoning Code Map Amendment protocol:  City Council Committee of the Whole ................................. TUE, 24 FEB 2015  City Council First Reading .................................................. TUE, 03 MAR 2015  City Council Public Hearing and Second Reading .............. TUE, 07 APR 2015 Please include this item on the City Council meeting agendas noted above and include this communication and attachments in the 24 FEB Committee of the Whole meeting packet. Only the ordinance should be included in the 03 MAR and 07 APR meeting packets. Thank you. Attachments: Draft Ordinance RZ15-02 Staff Report From the Desk of: Page 1 of 1 Christopher M. Fletcher, AICP Director of Development Services  ATTACHMENT 1 RZ15-02 ORDINANCE  ORDINANCE NO._____________ AN ORDINANCE PROVIDING FOR THE ZONING RECLASSIFICATION OF EIGHTEEN (18) PARCELS OF REAL ESTATE IN THE THIRD WARD OF THE CITY OF MORGANTOWN FROM R-2, SINGLE- AND TWO-FAMILY RESIDENTIAL DISTRICT TO R-3, MULTI-FAIMLY RESIDENTIAL DISTRICT BY AMENDING ARTICLE 1331 OF THE PLANNING AND ZONING CODE OF THE CITY OF MORGANTOWN AS SHOWN ON THE EXHIBIT HERETO ATTACHED AND DECLARED TO BE A PART OF THIS ORDINANCE AS IF THE SAME WAS FULLY SET FORTH HEREIN. Property included in this consideration is identified in the Monongalia County Assessor’s records as Parcels 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, and 246 of County Tax Map 20; Morgantown Corporation District. THE CITY OF MORGANTOWN HEREBY ORDAINS: 1. That the zoning classification for Parcels 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, and 246 of County Tax Map 20 of the Monongalia County tax assessment as described herein and illustrated on the exhibit hereto attached and declared to be a part of this Ordinance to be read herewith as if the same was fully set forth herein is reclassified from R-2, Single- and Two-Family Residential District to R-3, Multi-Family Residential District. 2. That the Official Zoning Map be accordingly changed to show said zoning reclassification. This Ordinance shall be effective from the date of adoption. FIRST READING: __________________________ Mayor ADOPTED: FILED: __________________________ RECORDED: City Clerk Page 1 of 2  ORDINANCE DU EXHIBIT: ST ND E Q AV RZ15-02UE / from R-2 to R-3 O LE N S NE RA W EL LO YM R AV EN E TZ E AV R-1A JO NE VE SA ST T R-2 W AR ST E ST 1S T R-3 ST N O AS M PUD YOK E ST PUD RD R UN NG LLI FA Legend Realty to be rezoned from R-2 to R-3 Planning Division I 389 Spruce Street Zoning Districts Morgantown, WV 26505 304.284.7431 Parcels Page 2 of 2  ATTACHMENT 2 RZ15-02 STAFF REPORT  MORGANTOWN PLANNING COMMISSION February 12, 2015 6:30 PM City Council Chambers Planning Commissioners: Sam Loretta, 1st Ward STAFF REPORT Tim Stranko, 2nd Ward CASE NO: RZ15-02 / Scott Properties, LLC / First Street William Wyant, 3rd Ward Bill Petros, 4th Ward REQUEST and LOCATION: th Mike Shuman, 5 Ward Request by Gregg Metheny, on behalf of Scott Properties, LLC, for a Zoning Map Peter DeMasters, 6th Ward Amendment to reclassify property from R-2, Single- and Two-Family Residential District Carol Pyles, 7th Ward to R-3, Multi-Family Residential District Ken Martis, Admin. Bill Kawecki, City Council TAX MAP NUMBER(s) and ZONING DESCRIPTION: Tax Map 20, Parcels 229 thru and including 246 SURROUNDING ZONING: North and East: R-2, Single- and Two-Family Residential District South: PUD, Planned Unit Development District and R-2 District West: PUD and R-3, Multi-Family Residential District BACKGROUND: The petitioner seeks approval to reclassify the subject parcels, the area of which is approximately 1.6 acres, from R-2 to R-3. Addendum A of this report illustrates the location of the subject property. Because the subject area adjoins the R-3 District at the site’s northwestern edge, the proposed zoning map amendment is considered a zoning district boundary adjustment and not “spot zoning” as the following image illustrates. Development Services Department Christopher Fletcher, AICP Director Planning Division 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 1 of 3  MORGANTOWN PLANNING COMMISSION February 12, 2015 6:30 PM City Council Chambers Planning Commissioners: ANALYSIS: Sam Loretta, 1st Ward According to Article 1337.01, the purpose of the R-2 District is to: Tim Stranko, 2nd Ward William Wyant, 3rd Ward (A) Provide for two-family housing development and customary accessory uses at a density slightly higher than in single family neighborhoods, and Bill Petros, 4th Ward (B) Preserve the desirable character of existing medium density family neighborhoods, Mike Shuman, 5th Ward and Peter DeMasters, 6th Ward (C) Protect the medium density residential areas from change and intrusion that may Carol Pyles, 7th Ward cause deterioration, and Ken Martis, Admin. (D) Provide for adequate light, ventilation, quiet, and privacy for neighborhood Bill Kawecki, City Council residents. According to Article 1339.01, the purpose of the R-3 District is to: (A) Provide for a variety of housing density and types, and customary accessory uses at a density higher than in other city neighborhoods, and (B) Preserve the desirable character of existing high density residential neighborhoods, and (C) Provide for adequate light, ventilation, quiet, and privacy for neighborhood residents. Comprehensive Plan Concurrence As recommended in Chapter 9 “Implementation” of the 2013 Comprehensive Plan Update, Addendum B of this report identifies how the proposed development program relates to the land management intent, location, and pattern and character principles of the current Comprehensive Plan. It should be noted that “shall” statements within the Comprehensive Plan must be understood as desired objectives and strategies that do not have the force or effect of law unless incorporated into the City’s Planning and Zoning Code. It appears that the proposed zoning classification change from R-2 to R-3 is in general concurrence with the Plan’s principles for land management and encouraged growth objectives including:  LM 2.1 Identify and prioritize sites for infill and redevelopment.  LM 2.3 Develop incentives to encourage the consolidation of parcels for redevelopment.  LM 5.2 Permit higher density development in areas that are well-supported by existing or planned transportation infrastructure or transit services. Development Services  NH 4.1 Provide incentives to developers to encourage development of alternative Department housing types (i.e. higher density, live-work, mixed-use) in designated growth areas. Christopher Fletcher, AICP Director Staff encourages the Planning Commission to review the Comprehensive Plan for guidance as Addendum B is not intended to represent a complete comparative Planning Division assessment. 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 2 of 3  MORGANTOWN PLANNING COMMISSION February 12, 2015 6:30 PM City Council Chambers Planning Commissioners: STAFF RECOMMENDATION: Sam Loretta, 1st Ward Zoning map amendment requests should be evaluated on their land-use merits alone. Tim Stranko, 2nd Ward The petitioners’ development intentions are extraneous and the Commission should William Wyant, 3rd Ward consider the request on its merits as a land-use decision. Bill Petros, 4th Ward Mike Shuman, 5th Ward In conducting such an analysis, the Commission should determine if the R-3, Multi- Family Residential District is the appropriate zoning classification for the subject realty, Peter DeMasters, 6th Ward weighing all possible future development and land use scenarios as permitted by the Carol Pyles, 7th Ward Planning and Zoning Code; particularly, Article 1339 “R-3, Multi-Family Residential Ken Martis, Admin. District” and Table 1331.05.01 “Permitted Land Uses”. Bill Kawecki, City Council The subject site represents a unique opportunity to strategically locate slightly higher residential density at the edge of WVU’s downtown campus. Further, the site is in very close proximity to the University Avenue corridor and at the western end of the Stewart Street / Willowdale Road corridor. Because the site is well served by public transit and is within walking and biking distance of primary educational and commercial destinations, residents can access alternate modes of transport thereby reducing auto dependency and mitigating increased traffic congestion created by commuting traffic from much higher density residential development outside the City of Morgantown. The Comprehensive Plan defines “redevelopment” as improving or utilizing sites that have been developed (are not vacant), but are not reaching their highest and best use. Given the ongoing state of deterioration of the functionally obsolete structures on and the small parcel configurations of the site, there does not appear to be an economic incentive or advantage to pursue redevelopment under the R-2 zoning classification. Staff recommends that the Commission look to see the opportunity created through the petitioner’s assembly of highly visible properties and the potential of realizing desired revitalization of an “Encouraged Growth” area located in the heart of a small blighted student housing enclave that is physically separated by terrain and distinct from the nearby R-1A District of the Wiles Hill neighborhood. Development Services Department Christopher Fletcher, AICP Director Planning Division 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 3 of 3  STAFF REPORT ADDENDUM A RZ15-02 / Scott Properties, LLC / Jones Place Clipped from Google Maps Clipped from Google Maps First Street Stewart Street RZ15-02 Page 1 of 3 Addendum A  Clipped from Google Maps Jones Avenue Stewart Street Part of Tax Map 20 RZ15-02 Page 2 of 3 Addendum A RZ15-02 Page 3 of 3 Addendum A  STAFF REPORT ADDENDUM B RZ15-02 / Scott Properties, LLC / First Street Concurrence with the 2013 Comprehensive Plan Update The following narrative identifies where, in the opinion of the Planning Division, the subject development of significant impact is in concurrence and/or is inconsistent with the 2013 Comprehensive Plan Update. Development proposals will reflect the spirit and values expressed in INTENT the Plan’s principals. Principles for Land Management Principal 1 Infill development and redevelopment of underutilized ☒ Concurrence and/or deteriorating sites takes priority over development ☐ Inconsistent in green field locations at the city’s edge. ☐ Other The existing structures within the proposed zoning classification area are deteriorating and functionally obsolete and a few have been vacant for a few years. Several of the structures are single-family structures that were converted into multiple dwelling units. Principal 2 Expansion of the urban area will occur in a contiguous ☒ Concurrence pattern that favors areas already served by existing ☐ Inconsistent infrastructure. ☐ Other The development site is nearly surrounded by multi-family, student housing structures. New housing units within the immediate area represent residential densities that are more consistent with R-3 development patterns. Principal 3 Downtown, adjacent neighborhoods and the riverfront will ☒ Concurrence be the primary focus for revitalizations efforts. ☐ Inconsistent ☐ Other The site is located at the edge of WVU’s downtown campus and is surrounded by both new and older student housing stock. Principal 4 Existing neighborhoods throughout the city will be ☒ Concurrence maintained and/or enhanced. ☐ Inconsistent ☐ Other There is a physical buffer between the subject site and the Wiles Hill Neighborhood resulting from terrain – the site is approximately 70 feet lower than the intersection of Duquesne Avenue, Raymond Street, and Wellen Avenue – and the lack of roadway connection between the site and the neighborhood. Principal 5 Quality design is emphasized for all uses to create an ☒ Concurrence attractive, distinctive public and private realm and ☐ Inconsistent promote positive perceptions of the region. ☐ Other The site is highly visible from the well-traveled Stewart Street corridor; the view of which is currently deteriorating and functionally obsolete converted single-family structures. Principal 6 Development that integrates mixed-uses (residential, ☒ Concurrence commercial, institutional, civic, etc.) and connects with ☐ Inconsistent the existing urban fabric is encouraged. ☐ Other Mixed-use residential and nonresidential uses and development patterns are more permissible in the R-3 District than the R-2 District. Principal 7 Places will be better connected to improve the function of ☒ Concurrence the street network and create more opportunities to walk, ☐ Inconsistent bike and access public transportation throughout the ☐ Other region. The site is located at the edge of WVU’s downtown campus and easily accessible to well-served transit routes along Stewart Street and University Avenue. Connections from the site to sidewalks along Stewart Street and University Avenue can be significantly improved through R-3 District scaled development. Principal 8 A broad range of housing types, price levels and ☒ Concurrence occupancy types will provide desirable living options for a ☐ Inconsistent diverse population. ☐ Other The assembly of and redevelopment of dilapidating and functionally obsolete structures will serve to improve the quality, character, and age of the housing stock within the immediate area and at the edge of WVU’s downtown campus. Principal 9 Residential development will support the formation of ☒ Concurrence complete neighborhoods with diverse housing, ☐ Inconsistent pedestrian-scaled complete streets, integrated public ☐ Other spaces, connection to adjacent neighborhoods, and access to transportation alternative and basic retail needs. The scale of permitted R-3 development on the site will serve to significantly improve the quality, character, attractiveness, and livability of new student housing opportunities at the edge of campus and continue the pattern of redevelopment and rebirth of the student neighborhood within the immediate area at slightly higher residential densities. Redevelopment will revitalize a deteriorating area and will provide for public infrastructure improvements including roadway enhancements, construction of sidewalks and/or pedestrian ways, stormwater management, etc.  Principal 10 Parks, open space, and recreational areas are ☐ Concurrence incorporated as part of future development. ☐ Inconsistent ☒ Other The planning and programming of passive and active open space requires development plans that should not be a part of zoning map amendment request considerations. Principal 11 Environmentally sensitive and sustainable practices will ☐ Concurrence be encouraged in future developments. ☐ Inconsistent ☒ Other The developer’s goals and objectives concerning sustainable design and construction techniques and industry accepted best practices have not been fully developed. Development proposals will be consistent with the Land Management Map. If the proposal applies to an area intended for growth, infill, revitalization, or redevelopment, then it should be LOCATION compatible with that intent and with any specific expectations within Areas of Opportunity. If the proposal applies to an area of conservation or preservation, it should be compatible with and work to enhance the existing character of the immediate surroundings. The following graphic is clipped from the Conceptual Growth Framework Map included on Page 19 of the 2013 Comprehensive Plan Update. The subject development site is located within the “Encouraged Growth” area.  Development proposals in growth areas will be consistent with PATTERN preferred development types. Development in areas where growth is AND not intended should be compatible with the relevant Character Areas CHARACTER description and expectations for how those areas should evolve in the future. The following graphic is clipped from Map 3 – Pattern and Character included on Page 27 of the 2013 Comprehensive Plan Update. The subject development site is located within the “Neighborhood 1” pattern and character area. The following graphic is clipped from Map 4 – Land Management included on Page 39 of the the 2013 Comprehensive Plan Update. The subject development site is located within the “Neighborhood Revitalization” concept area. The following graphics are clipped from Pages 41 through 43 of the 2013 Comprehensive Plan Update and identify the development types desired within the “Core Enhancement” concept area. OBJECTIVES AND Land Management STRATEGIES OBJECTIVES AND Neighborhoods and Housing STRATEGIES  City of Morgantown, West Virginia OFFICE USE APPLICATION FOR CASE NO. RECEIVED: FOR ZONING MAP AMENDMENT COMPLETE: ADDENDUM A - Zoning Map Amendment Process Step An application for an amendment, or change, to the City’s Official 1 Zoning Map is filed with the Planning Department. Step The Planning Department conducts a formal review of the completed 2 application and prepares appropriate mapping and the petition. The Planning Department publishes a legal advertisement describing Step the petition for a zoning map amendment at least 15 days prior to the 3 scheduled public hearing before the Planning Commission. The Planning Department also notifies property owners within 200 feet of the proposed map amendment. The Planning Commission holds a duly scheduled public hearing on Step the zoning map amendment petition, prepares a report, and makes a 4 recommendation to City Council. Step City Council hears the petition in accordance with its rules and 5 procedures, normally two readings and an additional public hearing. APPROVED DENIED If the petition for the zoning If the petition for the zoning map amendment is approved map amendment is denied by by City Council, the applicant City Council, the applicant is receives approval and is formally notified in writing by formally notified by mail by the the Planning Department of Planning Department. The the denial and the right to Planning Department amends appeal the decision to the the Official Zoning Map to Circuit Court of Monongalia reflect the approved map County. amendment. Planning Department ♦ 389 Spruce Street, Morgantown, WV 26505 Page 2 of 2 304.284.7431 ♦ 304.284.7534 (f) Form Rev. 01.03.06