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Planning Commission

Regular Meeting

Morgantown, WV · October 8, 2019

AgendaMinutes

Minutes

MORGANTOWN PLANNING COMMISSION MINUTES 6:30 p.m. October 8, 2019 Council Chambers COMMISSIONERS PRESENT: Peter DeMasters, Carol Pyles, William Blosser, Ron Dulaney, Sam Loretta, Bill Petros, Michael Shuman and Tim Stranko COMMISSIONERS ABSENT: Gigi Villarreal STAFF PRESENT: Christopher Fletcher, AICP I. CALL TO ORDER/ROLL CALL: DeMasters called the meeting to order at 6:30 p.m. and read the standard explanation of the how the Planning Commission conducts business and rules for public comments. II. GENERAL PUBLIC COMMENTS: None. III. MATTERS OF BUSINESS: A. Approval of the September 12, 2019 meeting minutes. Stranko moved to approve as presented; seconded by Petros. Motion carried unanimously with Shuman abstaining due to his absence. IV. UNFINISHED BUSINESS: None. V. NEW BUSINESS: A. MNS19-14 / Warsinsky / 548 Madison Avenue: Request by James Green on behalf of Barbara Warsinsky for minor subdivision approval of property located at 548 Madison Avenue. First Ward Tax District, Tax Map 40, Parcel 266; R-1A, Single- Family Residential District. Fletcher presented the Staff Report, noted that the petitioner was present. DeMasters recognized Mr. James Green who stated that he is the son in law of the property owner. She is 88 years old and they are subdividing the property into useful lots for potential sale to provide for her care and general upkeep of her house to make it accessible. There being no comments or questions by the Planning Commission, DeMasters asked if anyone was present to speak in favor of or in opposition to the petition. There being none, DeMasters closed the public hearing and asked for staff’s recommendation, which was read by Fletcher. Stranko moved to approve MNS19-14 with Staff recommended conditions; seconded by Dulaney. Motion carried unanimously. Morgantown Planning Commission Page 1 of 4 October 8, 2019 Minutes B. Recommendation to City Council to establish the R-1A, Single-Family Residential zoning classification for that portion of Parcel 15, Tax Map 8B, Morgan Tax District included in an annexation by petition to be considered by City Council. Fletcher read the memo that was provided in the packet for the record. Fletcher noted that Richard and Shirley Herstein submitted a petition for annexation to the City so that all three parcels they own fronting Liberty Street are within the City of Morgantown. The proposed annexation has been requested, in part, to clarify residency for municipal election purposes. This is to be considered by City Council during the month of October, which was confirmed by Dulaney. Fletcher noted Staff’s recommendation is to designate the parcel to be brought into the City by the annexation petition as R-1A Single-Family Residential District reflecting the surrounding zoning classification. There being no comments or questions by the Planning Commission, DeMasters asked if anyone was present to speak in favor of or in opposition to the petition. There being none, DeMasters closed the public hearing and asked for staff’s recommendation, which was read by Fletcher. Stranko moved to recommend to City Council that it move forward with recommendation to City Council to establish R11A Single Family Residential zoning for Parcel 15, Map 8B, Morgan Tax District; seconded by Dulaney. Motion carried unanimously. C. Small Area Plan – Area 5 – Stewart Street and Highland Avenue adjoining the Wiles Hill neighborhood: The Planning Commission will hold a public hearing concerning the acceptance of the Small Area Plan Recommendations Report for Future Study Area 5 and the filing of said Report as an appendage to and product of the 2013 Comprehensive Plan Update. Fletcher presented a PowerPoint Presentation and recommended a public hearing be conducted as has been done with previous small area study recommendations reports. Following the presentation, Fletcher recommended the Planning Commission: 1.) accept, as submitted, the Small Area Plan and Recommendations Report for Future Study Area 5 dated 08 OCT 2019, with the understanding additional narrative will be included beginning on Page 5 of 26 summarizing Commission and public comments and Commission action; 2.) File said Future Study Area 5 Recommendations Report as an appendage to and product of the 2013 Comprehensive Plan Update, affirming the Recommendations Report advances implementation of comp plan Strategies Neighborhoods and Housing (NH) 1.2 and Economic Development (ED) 5.7; and, 3.) direct staff to proceed with drafting zoning map and zoning text amendments as outlined in the Study Area No. 5 Recommendations Report for future consideration by the Planning Commission. Loretta asked about pedestrian flow through the study area, do we have a map or an idea for how this assembles into some coherent trail system? Fletcher noted that there is now a system. There is a gateway, steps in excellent condition, on private property. There needs to be some improvements to let cars know there are pedestrians coming down. There is another set of steps in bad condition. These are protected by a public easement. There is a section that is very Morgantown Planning Commission Page 2 of 4 October 8, 2019 Minutes steep, not a good vehicular path, so this was annulled and has a perpetual access easement. Signage needs to be at the bottom of this to protect pedestrians. This work is in progress. Discussion followed regarding pedestrian safety. Elevation and topography changes were also discussed. 3D GIS mapping was discussed, and Fletcher noted will be available in the future, as the City is in the process of software and hardware acquisition and deployment. Small parcels were also discussed. Comparable to South Park. Question was asked about the Land Use Table and the commercial section and discrepancy previously noted about no commercial. Fletcher stated that possibly a coffee shop had been mentioned by the neighborhood working group and what is before the Planning Commission is the recommendations report. These are preliminary ideas are being developed into draft rules and regulations that would be presented to the Planning Commission in the future if the plan and recommendations report is accepted. There being no further comments or questions by the Planning Commission, DeMasters asked if anyone was present to speak in favor of or in opposition to the petition. Richard Dumas. Thanked City staff for the amount of time that has gone into this. He addressed the ADU’s [accessory dwelling units] and how this effects the Wiles Hill neighborhood. The only way we are going to get rid of the “cling-on’s” is to incentivize redevelopment of that area. There is no incentive right now to rid the neighborhood of these structures. ADU’s are something we feel strongly about, it enhances the neighborhood. The second thing I’d like to address are the walkways. We feel these are important. We are pleased with where we are at this point. We encourage the Planning Commission to allow City staff to move forward and give him the authorization to do what needs to be done to get this in place. Jane Lefever, 301 Raymond Street. I think this is a win win situation. We like the plan with the smaller affordable homes, and we can keep our neighborhood. Margaret Stout, 458 Morgan Street. Wholeheartedly support everything that has been presented so far. We encourage redevelopment. That is the only way to get workforce housing in this city. We came to the table encouraging this project and continue to do so. Barb Howe, 432 Riley Street. I would like to say, this will only work well if there is a lot of effort put into infrastructure development. Will need a fair chunk of public money put into the development of this. Charlie Byer, 420 Raymond Street. Thanked City staff for all of their work on this project. This is a landmark situation for other study areas in the city. The neighborhood is excited about this. Stranko moved to accept the small area plan as recommended by staff; seconded by Blosser. The motion carried unanimously. VI. OTHER BUSINESS A. Committee Reports • Traffic Commission Report: No report. • Other Committees: No reports. Morgantown Planning Commission Page 3 of 4 October 8, 2019 Minutes • Staff Comments: Fletcher stated that Gigi Villarreal has submitted her letter of resignation due to her travel across the country and time constraints. The City Manager is looking at potential candidates. Interviews will start soon. Fletcher noted the 2020 meeting calendar will be on the Planning Commission’s next agenda. Nothing is scheduled for the November Planning Commission requires advance notification. Unless a minor subdivision petition is submitted, the November regular meeting might be canceled. Fletcher noted that before the January meeting, Mr. Blosser and Mr. DeMasters will need to be sworn in again. Fletcher noted the Executive Secretary position has been filled starting October 21. VII. FOR THE GOOD OF THE COMMISSION. None. VIII. ADJOURNMENT: 7:55 p.m. MINUTES APPROVED: December 12, 2019 COMMISSION SECRETARY: _____________________________ Christopher M. Fletcher, AICP Morgantown Planning Commission Page 4 of 4 October 8, 2019 Minutes

Agenda

Morgantown Planning Commission MEETING PACKET Tuesday, October 8, 2019 6:30 p.m. City Council Chambers Planning Commissioners: Peter DeMasters, 6th Ward President Carol Pyles, 7th Ward Vice-President Sam Loretta, 1st Ward Tim Stranko, 2nd Ward William Blosser, 3rd Ward Bill Petros, 4th Ward Michael Shuman, 5th Ward Gigi Villarreal, Admin. Ronald Dulaney, City Councilor Development Services Department Christopher M. Fletcher, AICP, Director John Whitmore, AICP, Planner III PC Meeting Packet Page 1 of 39 10/08/2019 Planning Commission Pre-Meeting Announcement Good evening and welcome to the regular/special meeting of the City of Morgantown Planning Commission. Please turn off all cell phones or other devices that may disrupt these proceedings. The Planning Commission conducts business in the following order: (1) There will be a general public comment portion when anyone who wishes to address the Planning Commission may do so, but only on matters that are not on the agenda. There will be a five (5) minute time limit for speakers. All recognized speakers must approach the podium, state their name and address for the record, and speak clearly into the microphone. Speakers are notified that irrelevant comments or comments of a personal nature or personal attacks may result in the speaker forfeiting their opportunity to participate in the general public comment portion. (2) We review, amend, and approve minutes of the previous meeting. (3) We consider any Unfinished Business from previous meetings. (4) We move on to New Business items. First, we introduce the item and the Planning Division representative presents the Staff Report. (5) Next, we ask the petitioner to make a presentation. Planning Commissioners may ask the petitioner questions at that time. (6) I will then open a Public Hearing to hear testimony in support of, or in opposition to, the request. Rules regarding public testimony are as follows: (a) Anyone wishing to testify during the public hearing may do so once recognized. Each recognized speaker must approach the podium, state their name and address for the record, and speak clearly into the microphone. (b) All comments must be addressed to the Commission. Speakers are notified that irrelevant comments or comments of a personal nature or personal attacks may result in the speaker forfeiting their opportunity to participate in the public hearing. (c) All speakers will be limited to five (5) minutes. If members of the Commission have any questions of the speaker, that time will not be counted toward the speaker’s five (5) minutes. Morgantown Planning Commission Page 1 of 2 Pre-Meeting Announcement PC Meeting Packet Page 2 of 39 10/08/2019 (d) If there is a large number of speakers, including many who are part of groups or organizations, I may, to avoid repetitive comments, elect to ask for a representative to speak on behalf of the group or organization. (e) I may elect to recognize the applicant/agent at the end of the public hearing to provide rebuttal or additional comments, which will be limited to five (5) minutes. If members of the Commission have any questions of the applicant/agent, that time will not be counted toward the applicant’s/agent’s five (5) minutes. (7) After all testimony is heard, I will declare the Public Hearing closed and no further public comment will be permitted. At that time, no one in the audience may speak again unless a Planning Commissioner asks a question. If someone is asked a question, they must come to the microphone and identify themselves once again before answering. (8) Next, the Planning Commission will discuss and take action on the application. (9) Once the vote is final, members of the audience who were present for that particular case may leave, if they wish. In order not to disrupt the meeting, people who choose to leave must go to the bottom of the stairs before carrying on a quiet discussion. (10) Uncivil, unruly, and/or disruptive behavior at any time during this meeting is prohibited and will result in removal from this public meeting. Thank you for your consideration and respect for these proceedings and the opinions of all meeting participants. Morgantown Planning Commission Page 2 of 2 Pre-Meeting Announcement PC Meeting Packet Page 3 of 39 10/08/2019 Intentional Blank Page PC Meeting Packet Page 4 of 39 10/08/2019 MORGANTOWN PLANNING COMMISSION Tuesday, October 8, 2019 6:30 p.m. Council Chambers President: AGENDA Peter DeMasters, 6th Ward Vice-President: I. CALL TO ORDER AND ROLL CALL Carol Pyles, 7th Ward II. GENERAL PUBLIC COMMENTS – concerning matters not on the agenda Planning Commissioners: Sam Loretta, 1st Ward III. MATTERS OF BUSINESS nd Tim Stranko, 2 Ward A. Approval of the September 12, 2019 meeting minutes. William Blosser, 3rd Ward Bill Petros, 4th Ward IV. UNFINISHED BUSINESS: None. Michael Shuman, 5th Ward Ronald Dulaney, City Council V. NEW BUSINESS: Gigi Villarreal, City Admin. A. MNS19-14 / Warsinsky / 548 Madison Avenue: Request by James Green on behalf of Barbara Warsinsky for minor subdivision approval of property located at 548 Madison Avenue. First Ward Tax District, Tax Map 40, Parcel 266; R-1A, Single-Family Residential District. B. Recommendation to City Council to establish the R-1A, Single-Family Residential zoning classification for that portion of Parcel 15, Tax Map 8B, If you need an Morgan Tax District included in an annexation by petition to be considered by accommodation, City Council. please contact 304-284-7431 or C. Small Area Plan – Area 5 – Stewart Street and Highland Avenue adjoining TDD 304-284-7512 the Wiles Hill neighborhood: The Planning Commission will hold a public hearing concerning the acceptance of the Small Area Plan Recommendations Report for Future Study Area 5 and the filing of said Report as an appendage to and product of the 2013 Comprehensive Plan Update. VII. OTHER BUSINESS A. Committee Reports • Traffic Commission • Other Committees Development Services Christopher Fletcher, AICP B. Staff Comments Director Planning Division VIII. FOR THE GOOD OF THE COMMISSION John Whitmore, AICP Planner III IX. ADJOURNMENT 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 1 of 1 PC Meeting Packet Page 5 of 39 10/08/2019 Intentional Blank Page PC Meeting Packet Page 6 of 39 10/08/2019 MORGANTOWN PLANNING COMMISSION MINUTES 6:30 p.m. September 12, 2019 Council Chambers COMMISSIONERS PRESENT: Peter DeMasters, Carol Pyles, William Blosser, Ron Dulaney, Sam Loretta, Bill Petros, and Tim Stranko COMMISSIONERS ABSENT: Michael Shuman and Gigi Villarreal STAFF PRESENT: Christopher Fletcher, AICP I. CALL TO ORDER/ROLL CALL: DeMasters called the meeting to order at 6:30 p.m. and read the standard explanation of the how the Planning Commission conducts business and rules for public comments. II. GENERAL PUBLIC COMMENTS: None. III. MATTERS OF BUSINESS: A. Approval of the July 11, 2019 meeting minutes. Stranko moved to approve as presented; seconded by Blosser. Motion carried unanimously with Dulaney abstaining due to his absence. IV. UNFINISHED BUSINESS: None. V. NEW BUSINESS: A. MNS19-13 / Libby LLC / 230 Quay Street: Request by David Liberatore on behalf of Libby LLC for minor subdivision approval of property located at 230 Quay Street. Fourth Ward Tax District, Tax Map 20, Parcels 215 and 216; R-3, Multi-Family Residential District & SCOD, Sunnyside Central Overlay District. Fletcher presented the Staff Report, noted the petitioner was out of town and asked staff to represent the petition. There being no comments or questions by the Planning Commission, DeMasters asked if anyone was present to speak in favor of or in opposition to the petition. There being none, DeMasters closed the public hearing and asked for staff’s recommendation, which was read by Fletcher. Stranko moved to approve MNS19-13 with Staff recommended conditions; seconded by Dulaney. Motion carried unanimously. Morgantown Planning Commission Page 1 of 4 September 12, 2019 Minutes D-R-A-F-T PC Meeting Packet Page 7 of 39 10/08/2019 B. RZ19-04 / Administrative / Zoning Map Replacement: Administratively requested replacement of current “Official Zoning Map” with updated zoning map to reflect Monongalia County Assessor’s digitized cadastral data and to remedy cartographic errors in the current zoning map. Fletcher presented the Staff Report concerning the administratively requested replacement of current “Official Zoning Map” with updated zoning map to reflect Monongalia County Assessor’s digitized cadastral data and to remedy cartographic errors in the current zoning map. Stranko asked for clarification on the term “cadastral.” Fletcher explained the term refers to tax mapping and the database of information behind the mapping. Fletcher noted the City’s current zoning map was adopted in whole in 2006 as a part of the major zoning ordinance update project. The digital data of the zoning district boundaries has been maintained to included map amendments passed by City Council since 2006. The 2006 zoning map is based on a digital shapefile of tax parcel mapping constructed through a state-wide project in the 1990’s with the assistance of the West Virginia GIS Technical Center at West Virginia University. Fletcher noted Monongalia County Assessor Mark Musick and his staff have been extremely helpful in providing its digital castral spatial data to the City as a foundation for City advancement of its GIS capabilities. Fletcher also explained the labor-intensive nature of getting the city’s zoning spatial data to this point and that remaining anomalies where a parcel is bifurcated by two or more zoning district will be reviewed separately in the future. Fletcher noted that the proposed zoning map replacement includes the reclassification of a portion of Marilla Park from I-1, Industrial District to R-1A, Single-Family Residential District so that the entire Park is zoned R-1A. Dulaney asked for clarification on the differences between the proposed zoning and the existing zoning illustrated for property along State Route 705 near the intersection to Suncrest Towne Centre and WVU’s Research Park. Fletcher explained the city annexed that site, established zoning, but forgot to adjust the official zoning map to reflect that change. Blosser asked for clarification on zoning districts for the Monongahela River. Fletcher explained the city’s municipal boundary extends to the highwater mark on the west side of the river. Dulaney asked for clarification on why there are discrepancies in some areas between the municipal boundary and the zoning district boundaries. Fletcher explained the Engineering Department has been working with the Wards and Boundaries Commission to make corrections to the municipal boundaries. Fletcher noted there may be a need to make very minor modifications to the zoning boundaries as the municipal boundary spatial data is improved, but the focus of the zoning district mapping was parcel boundaries. Stranko asked for clarification for the zoning reclassification for that portion of Marilla Park and whether City Council would be briefed separately. Fletcher answered in the affirmative and also noted staff has suggested to address the Marilla Park cartography issue now because the City owns the property. However, if there are any concerns or opposition, staff would recommend removing that component so the larger zoning map replacement project can continue to move forward. Stranko noted he agreed with the approach. Morgantown Planning Commission Page 2 of 4 September 12, 2019 Minutes D-R-A-F-T PC Meeting Packet Page 8 of 39 10/08/2019 Fletcher provided a briefing on the status of the City’s GIS implementation and how helpful the County Assessor’s Office has been. There being no further comments or questions by the Planning Commission, DeMasters asked if anyone was present to speak in favor of or in opposition to the petition. There being none, DeMasters closed the public hearing and asked for staff’s recommendation, which was read by Fletcher. Stranko moved to recommend to City Council that it move forward with replacing the city’s zoning map in its entirety as presented; seconded by Pyles. Motion carried unanimously. VI. OTHER BUSINESS A. Committee Reports • Traffic Commission Report: No report. • Other Committees: No reports. • Staff Comments: Fletcher shared the postcard sent inviting the public to the second and final community forum for the Future Study Area No. 5 planning project that will be held at 6 p.m. on Wednesday, September 18, 2019 at the Wiles Hill Community Center. Fletcher provided a summary of the planning project’s progress including working with a working group of neighborhood residents. The new target of bringing the recommendations report to the Planning Commission is the October meeting. Fletcher reminded the Commission that its October meeting date was moved from Thursday, October 10 to Tue, October 8 to avoid conflicts with the Morgantown High School home football game. Fletcher noted that Future Study Area No. 2, that included a request to the MPO to study the Willey Street and Richwood Avenue intersection and possibly opening up East Prospect Street, continues to move forward. Fletcher noted a meeting that occurred on September 4, 2019 with WVDOH, WVU, the City, the County, and the MPO to discuss pedestrian improvements at the East Prospect Street. Fletcher noted that once it is known whether improving and opening East Prospect Street is a viable transportation solution, then the work of planning future land uses within the immediate area can move forward. Loretta asked if WVU’s Arnold Hall and its future is a part of what is being reviewed. Fletcher answered in the affirmative. VII. FOR THE GOOD OF THE COMMISSION Stranko asked for Fletcher to report on staff changes. Fletcher briefed the Commission on the recruiting process to replace Stacy Hollar. A candidate has been selected and is expected to start on Monday, September 23, 2019. Stranko asked if DeMasters would consider sending Ms. Hollar a letter thanking her for her service. Loretta asked if Gigi Villarreal is still on the Planning Commission. Fletcher said that she is but here absences have been brought to the City Manager’s attention Morgantown Planning Commission Page 3 of 4 September 12, 2019 Minutes D-R-A-F-T PC Meeting Packet Page 9 of 39 10/08/2019 Stranko moved to adjoin; seconded by Loretta. The meeting was adjoined by acclimation. VIII. ADJOURNMENT: 7:05 p.m. MINUTES APPROVED: COMMISSION SECRETARY: _____________________________ Christopher M. Fletcher, AICP Morgantown Planning Commission Page 4 of 4 September 12, 2019 Minutes D-R-A-F-T PC Meeting Packet Page 10 of 39 10/08/2019 Intentional Blank Page PC Meeting Packet Page 11 of 39 10/08/2019 Intentional Blank Page PC Meeting Packet Page 12 of 39 10/08/2019 MORGANTOWN PLANNING COMMISSION October 08, 2019 6:30 p.m. City Council Chambers President: Peter DeMasters, 6th Ward STAFF REPORT Vice-President: CASE NO: MNS19-14 / Warsinsky / 548 Madison Avenue Carol Pyles, 7th Ward REQUEST and LOCATION: Planning Commissioners: Sam Loretta, 1st Ward Request by James Green, on behalf of Barbara Warsinsky, for minor subdivision approval Tim Stranko, 2nd Ward of property located at 548 Madison Avenue. William Blosser, 3rd Ward TAX MAP NUMBER (s) and ZONING DESCRIPTION: Bill Petros, 4th Ward Michael Shuman, 5th Ward First Ward Tax District, Tax Map 40, Parcel 266; R-1A, Single-Family Residential District. Ronald Dulaney, City Council SURROUNDING ZONING: Gigi Villarreal, City Admin. R-1A, Single-Family Residential District. BACKGROUND and ANALYSIS: The petitioner seeks to subdivide Parcel 266 into two (2) parcels. Addendum A of this report illustrates the subject site. Parcel 266 is currently a through lot bordering both Madison Avenue and Delaware Avenue. The proposed subdivision would split the parcel along an interior lot line division that runs through the entire block, resulting in a new parcel labeled “Lot B” fronting Delaware Avenue and new parcel labeled “Lot C” fronting Madison Avenue, as shown in the staff enhanced survey plat image below: Development Services Christopher Fletcher, AICP Director John Whitmore, AICP Planner III Planning Division 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 1 of 2 PC Meeting Packet Page 13 of 39 10/08/2019 MORGANTOWN PLANNING COMMISSION October 08, 2019 6:30 p.m. City Council Chambers President: “Lot B” will be approximately 5,297.53 square feet in area with a frontage along Delaware Peter DeMasters, 6th Ward Avenue of 80 linear feet. “Lot C” will be approximately 3,800 square feet in area with a Vice-President: frontage along Madison Avenue of 38 linear feet. Both parcels will exceed minimum R- Carol Pyles, 7th Ward 1A, Single-Family Residential District minimum area (3,500 square feet) and minimum frontage (30 linear feet) standards. Planning Commissioners: Sam Loretta, 1st Ward STAFF RECOMMENDATION: Tim Stranko, 2nd Ward Staff recommends approval with the following conditions: William Blosser, 3rd Ward 1. That the petitioner submit at least three (3) original final plat documents, including th Bill Petros, 4 Ward all access/utility easements, signed and sealed by a surveyor licensed in the State of West Virginia for the Planning Commission President’s signature; and, Michael Shuman, 5th Ward Ronald Dulaney, City Council 2. That the final plat is recorded at the Monongalia County Courthouse within thirty (30) Gigi Villarreal, City Admin. days of receiving the executed plat. Enclosure: Application and accompanying exhibits Development Services Christopher Fletcher, AICP Director John Whitmore, AICP Planner III Planning Division 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 2 of 2 PC Meeting Packet Page 14 of 39 10/08/2019 STAFF REPORT ADDENDUM A MNS19-14 / Warsinsky / 548 Madison Avenue Clipped from Google Maps Jack Roberts Park Clipped from Google Maps Staff Report Addendum A Page 1 of 2 MNS19-14 PC Meeting Packet Page 15 of 39 10/08/2019 STAFF REPORT ADDENDUM A MNS19-14 / Warsinsky / 548 Madison Avenue Jack Roberts Park Clipped from Monongalia County Assessor’s Parcel Viewer Staff Report Addendum A Page 2 of 2 MNS19-14 PC Meeting Packet Page 16 of 39 10/08/2019 PC Meeting Packet Page 17 of 39 10/08/2019 PC Meeting Packet Page 18 of 39 10/08/2019 PC Meeting Packet Page 19 of 39 10/08/2019 PC Meeting Packet Page 20 of 39 10/08/2019 PC Meeting Packet Page 21 of 39 10/08/2019 Intentional Blank Page PC Meeting Packet Page 22 of 39 10/08/2019 Development Services 389 Spruce Street ME MORANDUM Morgantown, WV 26505 304.284.7431 Date: TUE, 08 OCT 2019 To: Planning Commission RE: Annexation by Petition – Richard and Shirley Herstine 709 Liberty Street Parcel 15, Tax Map 8B, Morgan Tax District Richard and Shirley Herstine submitted a petition for annexation to the City so that all three (3) parcels they own fronting Liberty Street are located within the City of Morgantown. The proposed annexation has been requested, in part, to clarify residency for municipal election purposes. The subject petition is scheduled for consideration by City Council during the month of October 2019. Appended hereto are the documents included in the Herstine annexation petition. Specifically, the Herstines own Parcels 36 and 37 of Tax Map 13 in the Fourth Ward Tax District of the City of Morgantown. Parcel 37 is currently undeveloped and used as a portion of their yard. Parcel 36 currently includes a detached accessory structure (tool shed). The principal single-family dwelling is located on Parcel 15 of Tax Map 8B in the Morgan Tax District. The proposed annexation would bring this parcel into the city’s corporate limits as their other two (2) parcels currently are. The following graphic illustrates Herstine’s parcels located inside the city and the parcel for which the annexation petition has been submitted. From the Desk of: Page 1 of 3 Christopher M. Fletcher, AICP Director of Development Services PC Meeting Packet Page 23 of 39 10/08/2019 Development Services 389 Spruce Street ME MORANDUM Morgantown, WV 26505 304.284.7431 West Virginia State Code § 8A-7-1(c) provides that, “A zoning ordinance shall cover a municipality’s entire jurisdiction.” Accordingly, municipalities that have enacted zoning regulations must designate a zoning classification for all realty located within its corporate boundaries including tracts that are annexed. Section 1331.04 of the City’s Planning and Zoning Code provides the following guidance concerning annexation and zoning designation. The Herstines have not submitted a petition to the Planning Commission for a zoning designation recommendation to City Council. In lieu of the Planning Commission directing staff to study the area proposed for annexation, the following analysis and recommendation are submitted to avoid automatically classifying the zoning for the subject tract as R-1, Single-Family Residential District. The graphic to the right is a clip of Map 4 – Land Management of the 2013 Comprehensive Plan Update. The subject site is marked in the graphic and is simply illustrated as being located within a “Developed Area.” However, adjoining and neighboring tracts within the City are identifed as “Neighborhood Conservation,” which is defined as: From the Desk of: Page 2 of 3 Christopher M. Fletcher, AICP Director of Development Services PC Meeting Packet Page 24 of 39 10/08/2019 Development Services 389 Spruce Street ME MORANDUM Morgantown, WV 26505 304.284.7431 The following graphic is a clip of the City’s zoning map and illustrates that the zoning classification for the Herstine’s adjoining two (2) parcels located within the City, along with neighboring tracts of realty, is R-1A, Single-Family Residential. The dimensions of the subject parcel are 40 feet wide by 100 feet deep (4,000 square feet), which exceeds the R-1A minimum lot area standard of 3,500 square feet and minimum lot frontage standard of 35 feet. The minimum lot area standard in the R-1 District is 7,200 square feet and minimum frontage standard is 70 feet. As such, the R-1 zoning classification would make the subject parcel nonconforming. Accordingly, Staff advises the Planning Commission to submit a recommendation to City Council to, as a part of the related annexation by petition, establish the R-1A, Single-Family Residential zoning classification for Parcel 15, Tax Map 8B, Morgan Tax District. From the Desk of: Page 3 of 3 Christopher M. Fletcher, AICP Director of Development Services PC Meeting Packet Page 25 of 39 10/08/2019 PC Meeting Packet Page 26 of 39 10/08/2019 PC Meeting Packet Page 27 of 39 10/08/2019 PC Meeting Packet Page 28 of 39 10/08/2019 PC Meeting Packet Page 29 of 39 10/08/2019 PC Meeting Packet Page 30 of 39 10/08/2019 PC Meeting Packet Page 31 of 39 10/08/2019 PC Meeting Packet Page 32 of 39 10/08/2019 PC Meeting Packet Page 33 of 39 10/08/2019 PC Meeting Packet Page 34 of 39 10/08/2019 Intentional Blank Page PC Meeting Packet Page 35 of 39 10/08/2019 Intentional Blank Page PC Meeting Packet Page 36 of 39 10/08/2019 Development Services 389 Spruce Street ME MORANDUM Morgantown, WV 26505 304.284.7431 Date: TUE, 08 OCT 2019 To: Planning Commission RE: Future Study Area 5 – Small Area Plan Recommendations Report I am pleased to report the above referenced small area planning project has been completed. Attached hereto is the FINAL DRAFT recommendations report for the Planning Commission’s review and consideration. Please note the report includes a placeholder on Page 5 of 26 to include a brief summary describing Commission and public comments and Commission action. Special recognition and thanks to Gregg Metheny for his willingness to work with neighborhood residents and the City and to the working group of Charlie Byrer, Zack Cruze, Richard Dumas, Frank Scafella, and Margaret Stout for their time, commitment, and contributions to this planning project. Additionally, special thanks to the Wiles Hill – Highland Park Neighborhood Association for allowing the community forums to occur during regularly association monthly meetings, which advanced greater awareness and participation in this planning project. Concerning process, Staff recommends the Commission open a public hearing to take comments following staff’s presentation. The following graphics are clipped from the 2013 Comprehensive Plan Update and are presented to guide the Commission’s consideration of the Area 5 Small Area Plan and Recommendations Report. 2013 Comp Plan, Appendix A, Page 1 2013 Comp Plan, Page 50 From the Desk of: Page 1 of 3 Christopher M. Fletcher, AICP Director of Development Services PC Meeting Packet Page 37 of 39 10/08/2019 Development Services 389 Spruce Street ME MORANDUM Morgantown, WV 26505 304.284.7431 The small area plan and recommendations report for Future Study Area 5 is an analysis directed by the 2013 Comprehensive Plan Update. The Report outlines a land use and development policy framework to support a new overlay district to guide future development scenarios based upon best practices, professional planning experience, and feedback from stakeholders and neighborhood residents. The contemplated Wiles Hill Gateway Overlay District is intended to provide a “demonstration” set of land use and land development standards that advances thematic policy frameworks enumerated in the Report for each of the internal blocks while maintaining existing underlying zoning classifications. “Demonstration” provisions should serve to modestly increase residential densities in a transitional pattern, advance infill and redevelopment through dwelling unit diversification, and promote construction of affordable workforce housing opportunities that includes a balance of owner and renter households. However, significant public right-of-way, slope stabilization, pedestrian path, and gateway public realm improvements, both public and private, are paramount to achieving desired revitalization and neighborhood stabilization objectives within the overlay district to protect and preserve the quality and character of the adjoining Wiles Hill neighborhood. Because the Study Area 5 Recommendations Report does not recommend amendments to the 2013 Comprehensive Plan Update (maps or text), accepting this report does not constitute a major update to the Comp Plan (i.e., ten-year timeframe, new demographic data, new economic data, revisions to land management classification areas, etc.). However, the Area 5 Recommendations Report does provide the Planning Commission and City Council consistency justification for pursuing future zoning map and/or zoning text amendments outlined in the Recommendations Report per West Virginia State Code §8A-7-8(a) without having to, “find that there have been major changes of an economic, physical or social nature within the area involved”. From the Desk of: Page 2 of 3 Christopher M. Fletcher, AICP Director of Development Services PC Meeting Packet Page 38 of 39 10/08/2019 Development Services 389 Spruce Street ME MORANDUM Morgantown, WV 26505 304.284.7431 As such, Staff recommends the Planning Commission: 1. Accept, as submitted, the Small Area Plan and Recommendations Report for Future Study Area 5 dated 08 OCT 2019, with the understanding additional narrative will be included beginning on Page 5 of 26 summarizing Commission and public comments and Commission action. 2. File said Future Study Area 5 Recommendations Report as an appendage to and product of the 2013 Comprehensive Plan Update, affirming the Recommendations Report advances implementation of Comp Plan Strategies Neighborhoods and Housing (NH) 1.2 and Economic Development (ED) 5.7. 3. Direct Staff to proceed with drafting zoning map and zoning text amendments as outlined in the Study Area No. 5 Recommendations Report for future consideration by the Planning Commission. From the Desk of: Page 3 of 3 Christopher M. Fletcher, AICP Director of Development Services PC Meeting Packet Page 39 of 39 10/08/2019

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