Planning Commission
Regular MeetingMorgantown, WV · October 30, 2019
Minutes
MORGANTOWN PLANNING COMMISSION
MINUTES
5:00 p.m. October 30, 2019 Council Chambers
COMMISSIONERS PRESENT: Peter DeMasters, Sam Loretta, Tim Stranko, William Blosser,
Michael Shuman and Ronald Dulaney
COMMISSIONERS ABSENT: Carol Pyles, Bill Petros, Gigi Villarreal
STAFF PRESENT: Christopher M. 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 2020 Planning Commission Hearing Calendar. Motion to approve as
presented by Stranko; seconded by Dulaney. Motion carried unanimously.
IV. UNFINISHED BUSINESS: None.
V. NEW BUSINESS:
A. MNS19-16 / City of Morgantown / 451 Pine Street: Request by Ryan Simonton, on
behalf of the City of Morgantown, for minor subdivision approval of property located
at 451 Pine Street. Fifth Ward Tax District, Tax Map 29, Parcels 100, 105 and 106;
R-2, Single and Two-Family Residential District.
Fletcher presented the Staff Report noting both proposed subdivision requests would be
considered administerial because they meet or exceed the minimum lot area and lot frontage
standards for the R-2 District. Fletcher provided clarification on why the additional subdivision
was added noting both subdivisions relate to the same lawsuit settlement agreement between
the City and the property owner.
There being no further comments 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.
Fletcher noted the Staff Report is amended to include the Parcel 120 [Tax Map 29, Fifth Ward Tax
District] subdivision so the record is clear.
Stranko moved to approve MNS19-16 as requested with Staff recommended conditions;
seconded by Dulaney. Motion carried unanimously.
Morgantown Planning Commission Page 1 of 2
October 30, 2019 Minutes
B. MNS19- 15/ Auckerman / 910 Rawley Avenue: Request is by Jamie Auckerman for
minor subdivision approval of property located at 910 Rawley Avenue. Seventh Ward
Tax District, Tax Map 4011 Parcel 196; R-1, Single Family Residential District.
Fletcher presented the Staff Report and noted the petitioner was present.
DeMasters recognized Mr. Jamie Auckerman, who stated we are trying to build a single-family
home. The mininum lot frontage standard is 70 feet. Every other home has a lot frontage of
62.5 feet. The proposed subdivision meets the standard square footage of 7,500 square feet for
the R-1 District. I have a diagram of how the house would sit on the lot, and the MUB letter.
Auckerman said the survey is coming.
There being no comments by the 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 noted that the Planning Commission does its best to give effect to the landowners desires. In
this case the variance is consistent with the neighborhood. For that reason, I move that we approve as
requested with staff recommended conditions.
Dulaney asked for clarification on whether the building setbacks will work for the more narrow parcel.
Fletcher confirmed the contemplated house can and should be planned accordingly.
Shuman seconded Stranko’s motion to approve. Motion carried unanimously.
VI. OTHER BUSINESS
A. Committee Reports
• Traffic Commission Report: No report.
• Other Committees: No reports.
• Staff Comments: No report.
VII. FOR THE GOOD OF THE COMMISSION: Fletcher noted the Planning Commission’s
regular November meeting has been cancelled. We do anticipate a meeting in
December.
VIII. ADJOURNMENT: 5:25 PM
MINUTES APPROVED: December 12, 2019
COMMISSION SECRETARY: _____________________________
Christopher M. Fletcher, AICP
Morgantown Planning Commission Page 2 of 2
October 30, 2019 Minutes
Agenda
Morgantown Planning Commission
SPECIAL MEETING PACKET
Wednesday, October 30, 2019
5:00 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
VACANT, Admin.
Ronald Dulaney, City Councilor
Development Services Department
Christopher M. Fletcher, AICP, Director
John Whitmore, AICP, Senior Planner
PC Meeting Page 1 of 22 October 30, 2019
MORGANTOWN PLANNING COMMISSION
Wednesday, October 30, 2019
5:00 p.m.
Council Chambers
President: SPECIAL MEETING 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 2020 Planning Commission Hearing Calendar
William Blosser, 3rd Ward
Bill Petros, 4th Ward IV. UNFINISHED BUSINESS: None.
Michael Shuman, 5th Ward
Ronald Dulaney, City Council V. NEW BUSINESS:
VACANT, City Admin.
A. MNS19-16 / City of Morgantown / 451 Pine Street: Request by Ryan
Simonton, on behalf of the City of Morgantown, for minor subdivision approval
of property located at 451 Pine Street. Fifth Ward Tax District, Tax Map 29,
Parcels 100, 105, and 106; R-2, Single- and Two-Family Residential District.
B. MNS19-15 / Auckerman / 910 Rawley Avenue: Request by Jamie
Auckerman for minor subdivision approval of property located at 910 Rawley
If you need an Avenue. Seventh Ward Tax District, Tax Map 4011 Parcel 196; R-1, Single-
accommodation, Family Residential District.
please contact
304-284-7431 or
TDD 304-284-7512 VII. OTHER BUSINESS
A. Committee Reports
• Traffic Commission
• Other Committees
B. Staff Comments
VIII. FOR THE GOOD OF THE COMMISSION
Development Services IX. ADJOURNMENT
Christopher Fletcher, AICP
Director
Planning Division
John Whitmore, AICP
Senior Planner
389 Spruce Street
Morgantown, WV 26505
304.284.7431
Page 1 of 1
PC Meeting Page 2 of 22 October 30, 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 Page 3 of 22 October 30, 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 Page 4 of 22 October 30, 2019
DRAFT
City of Morgantown
PC Meeting
2020 Calendar - Planning and Zoning Hearings
Planning Commission
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Hearing
9-Jan 13-Feb 12-Mar 9-Apr 14-May 11-Jun 9-Jul 13-Aug 10-Sep 8-Oct 12-Nov 10-Dec
Date
Application
6-Dec 3-Jan 7-Feb 6-Mar 3-Apr 1-May 5-Jun 2-Jul 7-Aug 4-Sep 2-Oct 6-Nov
Deadline
Minor Subdivision
20-Dec 27-Jan 24-Feb 23-Mar 20-Apr 22-May 22-Jun 20-Jul 24-Aug 21-Sep 26-Oct 23-Nov
Deadline
Page 5 of 22
Board of Zoning Appeals
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Hearing
15-Jan 19-Feb 18-Mar 15-Apr 20-May 17-Jun 15-Jul 19-Aug 16-Sep 21-Oct 18-Nov 16-Dec
Date
Application
6-Dec 3-Jan 7-Feb 6-Mar 3-Apr 1-May 5-Jun 2-Jul 7-Aug 4-Sep 2-Oct 6-Nov
Deadline
Development Services Department
Planning Division
389 Spruce Street
Morgantown, WV 26505
October 30, 2019 304-284-7431
http://www.morgantownwv.gov/
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PC Meeting Page 6 of 22 October 30, 2019
MORGANTOWN PLANNING COMMISSION
October 30, 2019
5:00 p.m.
City Council Chambers
President:
Peter DeMasters, 6th Ward STAFF REPORT
Vice-President:
CASE NO: MNS19-16 / City of Morgantown / 451 Pine Street
Carol Pyles, 7th Ward
REQUEST and LOCATION:
Planning Commissioners:
Sam Loretta, 1st Ward Request by City Attorney Ryan Simonton, on behalf of the City of Morgantown, for minor
Tim Stranko, 2nd Ward
subdivision approval of property located at 451 Pine Street.
William Blosser, 3rd Ward
TAX MAP NUMBER (s) and ZONING DESCRIPTION:
Bill Petros, 4th Ward
Michael Shuman, 5th Ward Morgantown Fifth Ward Tax District, Tax Map 29, Parcels 100, 105, and 106; R-2, Single-
and Two-Family Residential District.
Ronald Dulaney, City Council
VACANT, City Admin.
SURROUNDING ZONING:
R-2, Single- and Two-Family Residential District.
BACKGROUND and ANALYSIS:
The petitioner seeks to subdivide Parcels 100, 105, and 106 into two (2) parcels.
Addendum A of this report illustrates the subject site.
Parcels 100, 105, and 106 are currently through lots bordering Pine Street and Forest
Avenue. The proposed subdivision would divide the three (3) parcels into two parcels,
identified in the survey plat as “Tract 1” and “Residue.”
“Tract 1” will be 19,279.656 +/- square feet in area, with a frontage of 83.09 feet on Pine
Street. The “Residue” parcel will have an area of 8,128.296 +/- square feet, and a parcel
frontage of 124.86 feet.
Both parcels will exceed the minimum parcel area [5,000 square feet] and frontage [40 feet]
standards for the R-2, District [Section 1337.03(A)].
STAFF RECOMMENDATION:
Development Services Staff recommends approval of the minor subdivision with the following conditions:
Christopher Fletcher, AICP 1. That the petitioner submit at least three (3) original final plat documents, including
Director
all access/utility easements if applicable, signed and sealed by a surveyor licensed
John Whitmore, AICP in the State of West Virginia for the Planning Commission President’s signature; and,
Senior Planner
2. That the final plat is recorded at the Monongalia County Courthouse within thirty (30)
Planning Division days of receiving the executed plat.
389 Spruce Street
Morgantown, WV 26505
304.284.7431
Enclosure: Application and accompanying exhibits
Page 1 of 1
PC Meeting Page 7 of 22 October 30, 2019
STAFF REPORT ADDENDUM A
MNS19-16 / City of Morgantown / 451 Pine Street
Clipped from Google Maps
Clipped from Google Maps
Staff Report Addendum A Page 1 of 2
MNS19-16
PC Meeting Page 8 of 22 October 30, 2019
STAFF REPORT ADDENDUM A
MNS19-16 / City of Morgantown / 451 Pine Street
Clipped from Monongalia County Assessor’s Parcel Viewer
Staff Report Addendum A Page 2 of 2
MNS19-16
PC Meeting Page 9 of 22 October 30, 2019
PC Meeting Page 10 of 22 October 30, 2019
PC Meeting Page 11 of 22 October 30, 2019
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PHONE: 304-296-8216 5TH WARD
TOLLFREE: 800-2968216
www.thinkALPHAfirst.com
T.M. 29 PAR. 100, 105, 106 D.B.1468 PG. 523
MORGANTOWN, WV 26501
1 OF 1
PC Meeting S Page 12 of 22 -/
October 30, 2019
PC Meeting Page 13 of 22 October 30, 2019
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PC Meeting Page 14 of 22 October 30, 2019
MORGANTOWN PLANNING COMMISSION
October 30, 2019
5:00 p.m.
City Council Chambers
President:
Peter DeMasters, 6th Ward STAFF REPORT
Vice-President:
CASE NO: MNS19-15 / Auckerman / 910 Rawley Avenue
Carol Pyles, 7th Ward
REQUEST and LOCATION:
Planning Commissioners:
Sam Loretta, 1st Ward Request by Jamie Auckerman for minor subdivision approval of property located at 910
Tim Stranko, 2nd Ward
Rawley Avenue.
William Blosser, 3rd Ward
TAX MAP NUMBER (s) and ZONING DESCRIPTION:
Bill Petros, 4th Ward
Michael Shuman, 5th Ward Morgantown Seventh Ward Tax District, Tax Map 11, Parcel 196; R-1, Single-Family
Residential District.
Ronald Dulaney, City Council
VACANT, City Admin.
SURROUNDING ZONING:
North: B-1, Neighborhood Business District
East, South, and West: R-1, Single-Family Residential District.
BACKGROUND and ANALYSIS:
The petitioner seeks to subdivide Parcel 196 into two (2) parcels. Addendum A of this
report illustrates the subject site.
Parcel 196 is currently a through lot bordering Rawley Avenue and Alley “A”. The
proposed subdivision would split the parcel along an interior lot line division that runs
through the center of the parcel dividing Lots 42 and 43 as shown in the image below.
Each parcel will have an area of
7,500 square feet, exceeding the
R-1 District minimum parcel area
standard of 7,200 square feet
[Section 1333.03(A)].
The subdivision will result in each
parcel having a frontage on
Development Services Rawley Avenue of 62.5 linear
Christopher Fletcher, AICP feet. Section 1333.03(B) of the
Director
Planning and Zoning Code
John Whitmore, AICP requires a parcel frontage
Senior Planner minimum of 70 feet as shown on
Page 2 of this report.
Planning Division
389 Spruce Street
Morgantown, WV 26505
304.284.7431
Page 1 of 3
PC Meeting Page 15 of 22 October 30, 2019
MORGANTOWN PLANNING COMMISSION
October 30, 2019
5:00 p.m.
City Council Chambers
President:
Peter DeMasters, 6th Ward
Vice-President:
Carol Pyles, 7th Ward
Planning Commissioners:
Sam Loretta, 1st Ward The waiver provision would not apply to this subdivision as Rawley Avenue is a city
accepted roadway and public right-of-way. As such, the proposed subdivision will require
Tim Stranko, 2nd Ward
a variance from the subdivision ordinance in accordance with Section 1315.07 of the
William Blosser, 3rd Ward Planning and Zoning Code, as shown below
Bill Petros, 4th Ward
Michael Shuman, 5th Ward
Ronald Dulaney, City Council
VACANT, City Admin.
It should be noted that, of the 14 R-1 District classified parcels within the 900-Block of
Rawley Avenue (between Oakland Street and Vassar Street), only three (3) parcels meet
the minimum R-1 District frontage standard. Parcels 196 (this application), 197, and 202.
All other parcels fronting Rawley Avenue have frontages of 62.5 linear feet, with Parcels
fronting Vassar and Oakland Street having frontages of 60 linear feet, as shown in the
image below.
Development Services
Christopher Fletcher, AICP
Director
John Whitmore, AICP
Senior Planner
Planning Division
389 Spruce Street
Morgantown, WV 26505
304.284.7431
Page 2 of 3
PC Meeting Page 16 of 22 October 30, 2019
MORGANTOWN PLANNING COMMISSION
October 30, 2019
5:00 p.m.
City Council Chambers
President:
STAFF RECOMMENDATION:
Peter DeMasters, 6th Ward
Section 1315.07 requires the Planning Commission to determine that the departure does
Vice-President: not destroy the intent of the provision for which the variance or modification is requested;
Carol Pyles, 7th Ward in this case, the minimum frontage standard. Additionally, the Planning Commission must
state the reason on which the departure was justified.
Planning Commissioners: Staff recommends the following when considering justification for granting the requested
Sam Loretta, 1st Ward subdivision variance or modification as requested:
Tim Stranko, 2nd Ward
• Nearly 80% of the R-1 classified parcels within the 900-Block of Rawley Avenue
William Blosser, 3rd Ward have frontage dimensions less than the minimum standard of 70 feet. Accordingly,
Bill Petros, 4th Ward the proposed subdivision parallels existing parcel, lot, and development patterns
Michael Shuman, 5th Ward
within the immediate area.
Ronald Dulaney, City Council
• The proposed subdivision conforms with the R-1 District minimum lot area
VACANT, City Admin. standard. Accordingly, the proposed subdivision would not result in an increase in
the R-1 District’s effective maximum residential density of no more than six (6)
dwelling units per acre [43,560 sq. ft. / 7,200 sq. ft.].
Staff provides no recommendation as to whether the subdivision should be approved or
denied. In the event the Planning Commission does find favorable reasoning to authorize
the subdivision in accordance with Section 1315.07 provisions, staff recommends said
approval include the following conditions:
1. That the petitioner submit at least three (3) original final plat documents, including
all access/utility easements if applicable, signed and sealed by a surveyor licensed
in the State of West Virginia for the Planning Commission President’s signature; and,
2. That the final plat is recorded at the Monongalia County Courthouse within thirty (30)
days of receiving the executed plat.
Enclosure: Application and accompanying exhibits
Development Services
Christopher Fletcher, AICP
Director
John Whitmore, AICP
Senior Planner
Planning Division
389 Spruce Street
Morgantown, WV 26505
304.284.7431
Page 3 of 3
PC Meeting Page 17 of 22 October 30, 2019
STAFF REPORT ADDENDUM A
MNS19-15 / Auckerman / 910 Rawley Avenue
Clipped from Google Maps
Clipped from Google Maps
Staff Report Addendum A Page 1 of 2
MNS19-15
PC Meeting Page 18 of 22 October 30, 2019
STAFF REPORT ADDENDUM A
MNS19-15 / Auckerman / 910 Rawley Avenue
Clipped from Monongalia County Assessor’s Parcel Viewer
Staff Report Addendum A Page 2 of 2
MNS19-15
PC Meeting Page 19 of 22 October 30, 2019
PC Meeting Page 20 of 22 October 30, 2019
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PC Meeting Page 22 of 22 October 30, 2019
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