Planning Commission
Regular MeetingMorgantown, WV · October 8, 2019
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.
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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
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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.
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• 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
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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
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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.
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(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.
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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
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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.
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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Christopher M. Fletcher, AICP
Director of Development Services
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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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