Planning Commission
Regular MeetingMorgantown, WV · December 12, 2019
Minutes
MORGANTOWN PLANNING COMMISSION
MINUTES
6:30 p.m. December 12, 2019 Council Chambers
COMMISSIONERS PRESENT: Peter DeMasters, Sam Loretta, Tim Stranko, William Blosser,
Bill Petros, Michael Shuman and AJ Hammond
COMMISSIONERS ABSENT: Carol Pyles, Ronald Dulaney
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 Tuesday, October 08, 2019 meeting minutes. Motion to accept as
presented by Stranko; seconded by Shuman. Motion passed unanimously with
Hammond abstaining due to his absence.
B. Approval of the Wednesday, October 30, 2019 meeting minutes. Motion to accept as
presented by Stranko; seconded by Shuman. Motion passed unanimously with
Petros and Hammond abstaining due to their absence.
IV. UNFINISHED BUSINESS: None.
V. NEW BUSINESS:
A. MNS19-17 / Dunham / 644 Madison Avenue: Request by Paul Dunham for
minor subdivision approval of property located at 644 Madison Avenue. First Ward
Tax District, Tax Map 40, Parcel 274; R-1A, Single-Family Residential District.
Fletcher presented the Staff Report and noted staff was representing the applicant.
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.
Staff recommends approval of the subdivision with the following conditions:
Stranko moved to approve MNS19-17 as requested with Staff recommended conditions;
seconded by Petros. Motion carried unanimously.
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B. RZ19-05 / Colonial Office Associates / 3208 University Avenue: Request by
Michael Callen on behalf of Colonial Office Associates for a Zoning Map
Amendment to reclassify 3280 University Avenue from R-1, Single-Family
Residential District to B-2, Service Business District. Seventh Ward Tax District,
Tax Map 7, Parcel 267.
Fletcher presented the Staff Report and noted the petitioner’s representative was present.
DeMasters recognized Vince Kolanko, who is representing the property owners. Kolanko shared
observations of other professional office buildings in the Suncrest area that have been sitting
empty for several years. The owners are looking for more walk-in type businesses. As an
example, Rising Creek Bakery is locating a small bakery and coffee shop at the site. This is the
type of businesses the property owners are interested in attracting to the site. Three out of four
of the property’s owners live within a quarter mile of the site and they want to offer businesses
that residents can walk to. The rezoning would be an economic boost for tax purposes for the
city.
Stranko noted that what Kolanko described is a B-1 neighborhood district and he is inclined to
favor that alternative. Have you looked at the B-1 constraints and feel that would be adequate?
Kolanko stated that would be adequate, but they would prefer the B-2 classification as several
businesses are listed as conditional uses in the B-1 District. Stranko clarified that conditional
uses allow the neighbors to be informed and participate in determining whether a conditional use
is appropriate for a particular site. Kolanko mentioned a small wellness center, yoga and
massage are listed as conditional uses in the B-1 District and the owners feel those would be
appropriate businesses for the site. Stranko noted conditional uses are reviewed by the Board
of Zoning Appeals. Stranko noted that the Planning Commission must review zoning map
amendments in the abstract, not as who owns the property now or what their development
intentions are but look at the parcel and its future impact on the surrounding area.
Petros asked if the building was currently fully occupied. Kolanko noted it was not and have lost
a few tenants. Kolanko noted that office space continues to be vacant and continues to be
constructed. It is getting tougher to get office uses into this building. Empty buildings, like the
Wedgewood buildings, is not good for taxes and this is what is happening now. Mon Health
systems owns the Wedgewood buildings now and they cannot sell or occupy them right now.
Loretta asked the Fletcher for clarification on the prohibition of parking between the front of the
building and the street in both the B-1 and B-2 Districts. They way this building is set up, parking
is located in the front. Fletcher noted existing parking would be considered a pre-existing
nonconforming condition that could continue until abandoned. Abandonment would occur if the
building sat empty and those parking spaces were not used for a period of 12 months or more.
At that point, the property most likely need to be redeveloped. Or, if the use of the parking spaces
were abandoned, the tenant looking to move into the building would have to seek variance relief
to use those parking spaces.
There being no further comments or questions by the Planning Commission, DeMasters opened
the public hearing asking if anyone was present to speak in favor of this petition. There being
know, DeMasters asked if anyone was present to speak in opposition of this petition.
DeMasters recognized Dan Powell. Powell stated he and his live at 3272 University Avenue.
Thank you for the privilege to speak to the group. Page 35 shows my home, directly adjacent
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to the property in reference. I would like to speak against the proposed zoning changes. The
subject property is surrounded by R-1 and B-2 would be detrimental. Potential lack of privacy,
noise and odors. We have no distrust of the owners but agree with Mr. Stranko that future
owners could use this in other ways.
DeMasters asked if they had looked at the list of land uses permitted in the B-1 District. Powell
stated that the B-1 permitted land use list is much more palatable. We agree with the Staff
Report that the property works as a buffer, and we are thankful for the property as it presently
exists. We would likely not speak against B-2 zoning.
There being no further public comments, DeMasters closed the public hearing and asked for
staff’s recommendation, which was read by Fletcher.
Loretta asked if the zoning for property is reclassified to B-1 or B-2, what happens with the
grandfathered parking in the front of the building. Fletcher noted nonconforming conditions run
with the land and is not related to the ownership of the property.
Petros asked if the Planning Commission could discuss PRO verse B-1. Petros is concerned
with the diversity of uses permitted in the B-1 District. Petros understands the City cannot control
what happens in the county, referring to the adjacent gas station mini mart use, and that recent
redevelopment along the corridor outside the city is not a valid argument for the Planning
Commission to consider. DeMasters agreed that would not be a valid argument to support the
Planning Commission’s recommendation to reclassify the property. Petros sees this site as a
high-profile piece of land on University Avenue and a much better place then Wedgewood for a
professional office building, which is probably consistent with its occupation over time.
Stranko noted that was an excellent question and asked Fletcher for confirmation that there are
far more permitted uses in the B-1 District than the PRO District. Fletcher confirmed and noted
the PRO District is less about the small-scaled retail offerings and more office related uses.
Fletcher noted that a PRO District classification would be a better representation of what the
property has been for so long but would not provide additional flexibility to diversify the
commercial offerings there. Fletcher noted the development standards are significantly different
from PRO to B-1 or PRO to B-2.
Stranko asked the Planning Commission to consider the B-1 option as a means of making the
property more marketable for tenants because he would like to see the building filled and active.
Secondly, all these B-1 options are walkable business that are growing in other neighborhoods.
DeMasters reminded the Commission that zoning map amendments include highest and best
use considerations. Is the highest and best use for this property B-1, B-2, or PRO. Fletcher
confirmed and noted that if the Planning Commission was leading toward exploring the PRO
option, staff did not consider that and are not prepared to provide a complete comparative
analysis to have an informed discussion of that option. Fletcher suggested that if the Planning
Commission would like to explore the PRO designation, it table that matter to allow staff to
prepare materials for the Planning Commission’s January meeting. The development standards
in PRO are very different than B-1. The permitted land use table is good information, but review
and consideration of the PRO development standards is important to review.
Stranko asked Fletcher to confirm that the B-1 classification gives the owners more flexibility to
market and occupy that property. Fletcher confirmed. Fletcher noted again that he would
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characterize a PRO designation as representing what the site has been and the applicant is
seeking a zoning reclassification because PRO permitted uses are no longer attracted to the
building given current vacancies there are experiencing.
Stranko noted that all the medical office buildings that were located all over town are being
consolidated by the large hospital corporations. Stranko is concerned that a PRO designation
will put them in no better position than they are now to get that property marketed and occupied.
DeMasters said he agreed.
Petros noted there are also dentist offices that have opened up two blocks away. Petros noted
is concern is do we want this to look like Star City or do we want it to look like what Morgantown
has on the other side of the corridor because its all houses going up that hill.
Stranko noted that he wants a zoning designation that adequately protects the R-1 adjoining
properties and also activates this property to be convenient and useful neighborhood amenity.
Stranko noted that he this this will be accomplished with a B-1 zoning designation.
DeMasters noted that small neighborhood business enjoyed in his neighborhood has gotten
people out and about supporting the businesses and this area could use something like this.
DeMasters sees this potential opportunity with a B-1 zoning classification but not as a PRO
District classification. It adds something to the neighborhood.
Petros is concerned with the hours of operation permitted in the B-1 District and sitting next to
an R-1 District and concerns with evening noise, etc.
DeMasters agreed but provided an example of a business in his neighborhood. The old Bailey’s
grocery store. Madeline Marie’s is now in there and it’s a restaurant. Its busy and you can’t get
a table in the small space. It attracts people in the neighborhood. It’s a nice thing to go to.
Stranko noted Petros makes an excellent point and that there is a risk, but he thinks the benefit
and possible upside outweighs the risk.
Fletcher noted the purpose of the B-1 District is clearly to be in the neighborhood and scaled
accordingly. Fletcher read the purpose statement of the B-1 District provided in the Planning
and Zoning Code. The B-1 zoning district is by design intended to be located in the middle of or
at the edge of a single-family residential district. Fletcher also noted several of the nonresidential
uses permitted in the B-1 District require conditional use approval, which includes an extra layer
of public participation.
Stranko moved to forward a recommendation to City Council to refuse the application to change
the zoning designation of B-2 for the subject property and recommend the zoning map be
changed from R-1, Single-Family Residential District to B-1, Neighborhood Business District.
Motion 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 noted there will be a meeting in January. The only item on the agenda
requiring advance public notification is modifying the overlay district boundary as
was recently completed for the zoning district boundaries. Fletcher noted there
may be a minor subdivision petition that could be included on the January agenda.
Fletcher reminded the Planning Commission that the election of its leadership for
2020 will also be on the agenda.
Question regarding the MPO Pedestrian and Bike plan. Staff will discuss, reach
out to the traffic commission and find out if there is a workshop.
• Planning and Zoning Code will be making some changes with the sidewalk
requirements. This will more than likely be on the January or February meeting.
VII. FOR THE GOOD OF THE COMMISSION
Stranko asked about the MPO’s recent Pedestrian and Bicycle Plan and how the
Planning Commission can help advance implementation, even amending the
Comprehensive Plan if needed. Stranko asked if the City was involved in the project.
Fletcher noted the City Engineer’s Office is very involved serving on several project
committees.
Fletcher noted the City Attorney is working on several code revisions to advance sidewalk
development, some of which will come to the Planning Commission for consideration,
most likely in February.
VIII. ADJOURNMENT: 7:24 PM
MINUTES APPROVED: February 13, 2020
COMMISSION SECRETARY: _____________________________
Christopher M. Fletcher, AICP
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Agenda
Morgantown Planning Commission
REGULAR MEETING PACKET
Thursday, December 12, 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
AJ Hammond, Admin.
Ronald Dulaney, City Councilor
Development Services Department
Christopher M. Fletcher, AICP, Director
John Whitmore, AICP, Senior Planner
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MORGANTOWN PLANNING COMMISSION
December 12, 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 Tuesday, October 08, 2019 meeting minutes.
William Blosser, 3rd Ward
B. Approval of the Wednesday, October 30, 2019 meeting minutes.
Bill Petros, 4th Ward
Michael Shuman, 5th Ward
IV. UNFINISHED BUSINESS: None.
Ronald Dulaney, City Council
AJ Hammond, City Admin. V. NEW BUSINESS:
A. MNS19-17 / Dunham / 644 Madison Avenue: Request by Paul Dunham for
minor subdivision approval of property located at 644 Madison Avenue. First
Ward Tax District, Tax Map 40, Parcel 274; R-1A, Single-Family Residential
District.
B. RZ19-05 / Colonial Office Associates / 3208 University Avenue: Request
If you need an
accommodation, by Michael Callen on behalf of Colonial Office Associates for a Zoning Map
please contact Amendment to reclassify 3280 University Avenue from R-1, Single-Family
304-284-7431 or Residential District to B-2, Service Business District. Seventh Ward Tax
TDD 304-284-7512 District, Tax Map 7, Parcel 267.
VII. OTHER BUSINESS
A. Committee Reports
• Traffic Commission
• Other Committees
B. Staff Comments
Development Services VIII. FOR THE GOOD OF THE COMMISSION
Christopher Fletcher, AICP
Director
IX. ADJOURNMENT
Planning Division
John Whitmore, AICP
Senior Planner
389 Spruce Street
Morgantown, WV 26505
304.284.7431
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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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Pre-Meeting Announcement
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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
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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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:
COMMISSION SECRETARY: _____________________________
Christopher M. Fletcher, AICP
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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.
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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:
COMMISSION SECRETARY: _____________________________
Christopher M. Fletcher, AICP
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MORGANTOWN PLANNING COMMISSION
December 12, 2019
6:30 p.m.
City Council Chambers
President: STAFF REPORT
Peter DeMasters, 6th Ward
CASE NO: MNS19-17 / Dunham / 644 Madison Avenue
Vice-President:
Carol Pyles, 7th Ward
REQUEST and LOCATION:
Planning Commissioners: Request by Paul Dunham for minor subdivision approval of property located at 644
Sam Loretta, 1st Ward Madison Avenue.
Tim Stranko, 2nd Ward
TAX MAP NUMBER (s) and ZONING DESCRIPTION:
William Blosser, 3rd Ward
First Ward Tax District, Tax Map 40, Parcel 274; R-1A, Single-Family Residential District.
Bill Petros, 4th Ward
Michael Shuman, 5th Ward
SURROUNDING ZONING:
Ronald Dulaney, City Council
R-1A, Single-Family Residential District.
AJ Hammond, City Admin.
BACKGROUND and ANALYSIS:
The petitioner seeks to subdivide parcel 274 into two (2) parcels. Addendum A of this
report illustrates the subject site.
Parcel 274 includes all of Lots 4 and 5 of Block No. 6 of the Wiley Addition subdivision.
The petitioner seeks to subdivide the parcel into two parcels using the lot line separating
these lots. Both proposed parcels would be of equal dimensions, with 40-foot frontage
along Madison Avenue and each with an area of 4,000 square feet +/-. The parcels would
exceed the minimum frontage standard [30 feet] and minimum area standard [3,500 square
feet] for the R-1A District, as provided in the following graphic from Section 1335.03 of the
Planning and Zoning Code.
A copy of the subdivision plat and metes and bounds description is attached to the
petitioner’s minor subdivision application.
Development Services
Christopher Fletcher, AICP STAFF RECOMMENDATION:
Director
Staff recommends approval of the subdivision with the following conditions:
John Whitmore, AICP 1. That the petitioner submit at least three (3) original final plat documents, including
Senior Planner
all access/utility easements, signed and sealed by a surveyor licensed in the State
Planning Division 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
389 Spruce Street (30) days of receiving the executed plat.
Morgantown, WV 26505
304.284.7431
Enclosure: Application and accompanying exhibits
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STAFF REPORT ADDENDUM A
MNS19-17 / Dunham / 644 Madison Avenue
Clipped from Google Maps
Clipped from Google Maps
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STAFF REPORT ADDENDUM A
MNS19-17 / Dunham / 644 Madison Avenue
Monongalia County Assessor’s Office
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MORGANTOWN PLANNING COMMISSION
December 12, 2019
6:30 p.m.
Council Chambers
President:
STAFF REPORT
Peter DeMasters, 6th Ward
Vice-President: CASE NO: RZ19-05 / Colonial Office Association / 3280 University Avenue
Carol Pyles, 7th Ward
REQUEST and LOCATION:
Planning Commissioners: Request by Michael Callen on behalf of Colonial Office Associates for a Zoning Map
Sam Loretta, 1st Ward Amendment to reclassify property addressed as 3280 University Avenue from R-1, Single-
Tim Stranko, 2nd Ward Family Residential District to B-2, Service Business District.
William Blosser, 3rd Ward
Bill Petros, 4th Ward TAX MAP NUMBER(s) and ZONING DESCRIPTION:
Michael Shuman, 5th Ward Seventh Ward Tax District, Tax Map 7, Parcel 267; R-1, Single-Family Residential District.
Ronald Dulaney, City Council
AJ Hammond, City Admin. SURROUNDING ZONING:
North, East and South: R-1, Single-Family Residential District.
West: Unincorporated Monongalia County.
BACKGROUND:
The petitioner seeks to amend the zoning map by changing the zoning classification for
the subject property from R-1 to B-2. This zoning map amendment would permit the
existing nonconforming office building greater marketing and utilization flexibility to include
non-office type businesses. Addendum A of this report illustrates the location of the
subject property.
Staff believes the proposed zoning map amendment would be considered a permitted
map amendment and not “spot zoning” because the subject area adjoins the
unincorporated and unzoned portion of Monongalia County on the site’s western side.
The development located on the adjacent western side of the parcel would meet the
Morgantown Planning and Zoning Code definition for a commercial “Gas Station Mini-
Mart” use, permitted in the following City zoning districts:
Development Services
Department
Christopher Fletcher, AICP
Director Additionally, the subject site is located in both the “Neighborhood Conservation” and
“Corridor Enhancement” land management concept areas identified in the 2013
John Whitmore, AICP Comprehensive Plan Update (Comp Plan). Together, these designations encourage
Senior Planner
exploration of enhancement considerations within the context of the surrounding area;
particularly, the preservation of existing neighborhood character, continued maintenance
Planning Division of existing buildings, and appropriately scaled mixed uses.
389 Spruce Street
Morgantown, WV 26505
304.284.7431
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6:30 p.m.
Council Chambers
President: ANALYSIS:
Peter DeMasters, 6th Ward
Prospect of Single-Family Development
Vice-President:
Given the long-standing “Gas Station Mini-Mart” use that adjoins the subject site and
Carol Pyles, 7th Ward located outside the City of Morgantown, as illustrated below, the expectation that the
approximately 37,800 square foot parcel will at some point be redeveloped into one to
Planning Commissioners: three parcels to support R-1 District conforming single-family development is
Sam Loretta, 1st Ward unreasonable and improbable. The existing office building has for several decades
Tim Stranko, 2nd Ward provided neighborhood-scaled commercial activity and employment and provided a
transitional buffer between the “Gas Station Mini-Mart” use outside the City and the R-1
William Blosser, 3rd Ward
District inside the City. Changing the zoning classification to an appropriate business
Bill Petros, 4th Ward district for the subject property permits the site to continue this function while providing
Michael Shuman, 5th Ward flexibility in the range of future commercial tenants.
Ronald Dulaney, City Council
AJ Hammond, City Admin.
Comparing R-1and B-2 Zoning Districts
The following graphics provide the stated purposes of the R-1 and B-2 zoning districts
provided in the Morgantown Planning and Zoning Code.
Development Services
Department
Christopher Fletcher, AICP
Director
John Whitmore, AICP
Senior Planner
Addendum B of this report provides Articles 1333 and 1347 to assist with comparing
Planning Division
389 Spruce Street
zoning district setback, building height and size, and performance standards as well as
Morgantown, WV 26505 Table 1331.05.01 to compare permitted land uses within each zoning district.
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Council Chambers
President: It should be noted that the size of the approximate 37,800 square foot parcel restricts the
Peter DeMasters, 6th Ward scale and intensity of a development common to other B-2 zoning districts in the City.
However, should the Planning Commission have concerns with the land use and land
Vice-President:
development intensities permitted in the B-2 District as requested by the petitioner, Staff
Carol Pyles, 7th Ward
encourages the careful consideration of other zoning designations as a practical option,
particularly the B-1 zoning designation.
Planning Commissioners:
Sam Loretta, 1st Ward Included in Addendum B of this report is Article 1345, B-1, Neighborhood Business
Tim Stranko, 2nd Ward District. The purpose of the B-1, District, as provided below, may better suit the
surrounding area while providing adequate land-use opportunities for the subject site.
William Blosser, 3rd Ward
Bill Petros, 4th Ward
Michael Shuman, 5th Ward
Ronald Dulaney, City Council
AJ Hammond, City Admin.
Comprehensive Plan Concurrence
The subject parcel, along with the multi-family
development immediately behind, were presented to the
Planning Commission in a February 2013 workshop as
recommended “Future Study Area No. 8,” which is
illustrated in the image to the right. The draft general
description of the study area was to reclassify the current
multi-family and professional office-type properties to
better reflect their uses and development patterns, which
are considered nonconforming in the R-1 District.
The Planning Commission decided to remove this
recommendation, along with two other study areas, from
the Appendix A included in the Planning Commission’s
April 25, 2013 Comprehensive Plan Update
recommendation to City Council.
Development Services Although the recommended study area did not carry through to the 2013 Plan Update
Department
adopted by City Council, the nonconforming land uses and development patterns remain.
Christopher Fletcher, AICP Further, the commercial building included in the present zoning map amendment petition
Director
is further constrained from other nonresidential uses not considered an office-type use.
John Whitmore, AICP
Senior Planner As recommended in Chapter 9 “Implementation” of the Comp Plan, Addendum C of this
report identifies how the proposed zoning map amendment relates to the Comp Plan’s
Planning Division land management intent, location, and pattern and character principles.
389 Spruce Street
Morgantown, WV 26505
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President: It should be noted that “shall” statements within the Comp Plan must be understood as
Peter DeMasters, 6th Ward desired objectives and strategies that do not have the force or effect of law unless
incorporated into the City’s Planning and Zoning Code.
Vice-President:
Carol Pyles, 7th Ward It appears the proposed zoning classification change for the subject parcel from R-1 to an
appropriate business and mixed-use supporting zoning district is in general concurrence
Planning Commissioners: with the Plan’s principles for land management and encouraged growth objectives and
Sam Loretta, 1st Ward furthers the following plan implementation strategies:
Tim Stranko, 2nd Ward • LM 2.1 ....... Identify and prioritize sites for infill and redevelopment.
rd
William Blosser, 3 Ward
• LM 4.3 ....... Revise zoning regulations to permit mixed-use development at appropriate
Bill Petros, 4th Ward scales in various zoning districts.
Michael Shuman, 5th Ward
Ronald Dulaney, City Council • LM 5.2 ....... Permit higher density development in areas that are well-supported by existing
or planned transportation infrastructure or transit services.
AJ Hammond, City Admin.
• NH 1.2 ....... Pursue zoning map amendments where appropriate to address potential
zoning conflicts in residential areas both to preserve existing residential areas
where appropriate or promote infill and redevelopment.
• NH 4.1 ....... Provide incentives to developers to encourage development of alternative
housing types (i.e. higher density, live-work, mixed-use) in designated growth
areas.
• ED 6.3 ....... Use incentives and zoning to promote development in areas with existing
infrastructure capacity, in order to reduce the need for infrastructure
extensions, and to concentrate infrastructure improvements reducing short-
term and long-term operating costs.
Staff encourages the Planning Commission to review the Comp Plan for guidance as
Addendum B is not intended to represent a complete comparative assessment.
WV State Code Comp Plan Consistency
West Virginia State Code 8A-7-8(a) provides the following concerning consistency and
inconsistency determinations when considering zoning ordinance amendments (emphasis
added):
Before amending the zoning ordinance, the governing body with the advice of the planning
Development Services commission, must find that the amendment is consistent with the adopted comprehensive plan.
Department If the amendment is inconsistent, then the governing body with the advice of the planning
commission, must find that there have been major changes of an economic, physical or social
Christopher Fletcher, AICP
Director nature within the area involved which were not anticipated when the comprehensive plan was
adopted and those changes have substantially altered the basic characteristics of the area.
John Whitmore, AICP
Senior Planner There has been visible and substantial commercial and mixed-use investment along the
University Avenue corridor between the Morgantown corporate limits and Boyers Avenue
Planning Division in Star City since the adoption of the 2013 Comp Plan. This gradual transformation over
389 Spruce Street the past six and a half years can be considered major economic and physical changes
Morgantown, WV 26505 altering the activity and vitality of the immediate commercial portion of the corridor as
304.284.7431
intended by this State Code provision.
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President: The following image identifies those several sites outside the City of Morgantown that
Peter DeMasters, 6th Ward have experienced rehabilitation, renovation, infill development, or are currently being
redeveloped. Of particular note is that these changes have been more in the contextual
Vice-President:
scale and scope permitted in the City’s B-1 District.
Carol Pyles, 7th Ward
Planning Commissioners:
Sam Loretta, 1st Ward
Tim Stranko, 2nd Ward
William Blosser, 3rd Ward
Bill Petros, 4th Ward
Michael Shuman, 5th Ward
Ronald Dulaney, City Council
AJ Hammond, City Admin.
Should the Planning Commission have concerns with Comp Plan consistency, recognizing
these economic and physical changes within the immediate commercial corridor would be
a pertinent consideration.
STAFF RECOMMENDATION:
Zoning map amendment requests should be evaluated on their land-use merits alone.
The petitioners’ development intentions are extraneous, and the Commission should
consider the request on its merits as a land-use decision.
In conducting such an analysis, the Commission should determine if the B-2,
Neighborhood Business District is the appropriate zoning classification for the petitioner’s
entire Parcel 267 of Seventh Ward Tax District, Tax Map 7, weighing all possible future
development and land use scenarios as permitted by the Planning and Zoning Code;
particularly, Article 1347 “B-2, Service Business District” and Table 1331.05.01 “Permitted
Land Uses.”
It is the opinion of the Planning Division that the petitioner’s request to reclassify Parcel
267 of Tax Map 7 in the Seventh Ward Tax District from the current R-1 District to an
appropriate business district is supported by the intent, location, pattern, and character
goals and land management objectives set forth in the current Comp Plan.
Development Services
The conscientious determination challenge is whether the petitioner’s request for B-2
Department
zoning is the highest and best zoning classification within the context of the surrounding
Christopher Fletcher, AICP
Director
built environment as guided for the “Corridor Enhancement” land management concept
area in the current Comp Plan. The site is located in a unique setting adjoining a B-2
John Whitmore, AICP permitted use but located outside the City; adjoining nonconforming multi-family dwellings
Senior Planner inside the City; and, adjoining and adjacent to R-1 permitted single-family dwellings inside
the City.
Planning Division
389 Spruce Street The Planning Division does not disagree with the petitioner’s request for B-2 zoning as a
Morgantown, WV 26505 reasonable solution to the present commercial tenant challenges of the building,
304.284.7431
particularly how comparatively small the site is to other B-2 zoning districts within the City.
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Council Chambers
President: However, the Planning Division would concur with the Planning Commission if it
Peter DeMasters, 6th Ward recommends to City Council to reject the petitioner’s B-2 request and instead recommend
a B-1 designation, which might be better supported by the Comp Plan’s intent, location,
Vice-President:
pattern, and character goals and land management objectives.
Carol Pyles, 7th Ward
Planning Commissioners:
Sam Loretta, 1st Ward
Tim Stranko, 2nd Ward
William Blosser, 3rd Ward
Bill Petros, 4th Ward
Michael Shuman, 5th Ward
Ronald Dulaney, City Council
AJ Hammond, City Admin.
Development Services
Department
Christopher Fletcher, AICP
Director
John Whitmore, AICP
Senior Planner
Planning Division
389 Spruce Street
Morgantown, WV 26505
304.284.7431
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STAFF REPORT ADDENDUM A
RZ19-05 / Colonial Office Associates / 3280 University Avenue
Clipped from Google Earth
Clipped from Google Earth
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RZ19-05 / Colonial Office Associates / 3280 University Avenue
Monongalia County Assessor’s Office
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STAFF REPORT ADDENDUM C
RZ19-05 / Colonial Office Associates / 3280 University Avenue
Concurrence with the 2013 Comprehensive Plan Update
The following narrative identifies where, in the opinion of the Planning Division, the subject
zoning map amendment petitions are in concurrence and/or are inconsistent with the 2013
Comprehensive Plan Update.
Development proposals will reflect the spirit and values expressed in
INTENT
the Plan’s principals.
Principles for Land Management
Principal 1 Infill development and redevelopment of underutilized ☒ Concurrence
and/or deteriorating sites takes priority over ☐ Inconsistent
development in green field locations at the city’s ☐ Other
edge.
The subject site is developed and continues as a nonconforming building and
commercial use in the R-1 District. The current R-1 zoning designation obstructs
opportunities to diversify nonresidential tenants within the existing commercial
building. Sustained vitality of the commercial building appears prudent to ensure it
continues to serve as an effective buffer between adjoining R-1 zoned single-family
homes inside the City of Morgantown and commercial properties located outside the
City of Morgantown and beyond the City’s land use regulations. Continued vitality of
the site and the building advances neighborhood preservation objectives to maintain
existing buildings and provides commercial activity within the urban core of
Morgantown. Reclassification of the site also promotes appropriately scaled mixed-
use redevelopment in the future as desired in the corridor enhancement concept area.
The expectation that the approximately 37,800 square foot parcel will at some point
be redeveloped into one to three parcels to support R-1 District conforming single-
family development is unreasonable and improbable.
Principal 2 Expansion of the urban area will occur in a ☒ Concurrence
contiguous pattern that favors areas already served ☐ Inconsistent
by existing infrastructure. ☐ N/A or Inconclusive
The subject tract of realty is within the urban area and appears to be well-served by
existing utility and roadway infrastructure.
Principal 3 Downtown, adjacent neighborhoods and the riverfront ☐ Concurrence
will be the primary focus for revitalizations efforts. ☐ Inconsistent
☒ N/A or Inconclusive
Although the subject tract of realty is not located within or adjacent to the central
business district, it is located near other business properties of a similar
neighborhood-scaled commercial and mixed-use development pattern.
Staff Report Addendum C Page 1 of 6
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STAFF REPORT ADDENDUM C
RZ19-05 / Colonial Office Associates / 3280 University Avenue
Principal 4 Existing neighborhoods throughout the city will be ☒ Concurrence
maintained and/or enhanced. ☐ Inconsistent
☐ N/A or Inconclusive
The subject parcel is located adjacent to unincorporated Monongalia County. Directly
abutting the property is a gas station mini mart use that appears to be in keeping with
Star City’s Commercial/Retail zoning classification that is provided along the town’s
University Avenue corridor. The maintenance and vitality of the commercial building
appears prudent to ensure it continues to serve as an effective buffer between
adjoining R-1 zoned single-family homes inside the City of Morgantown and the
adjoining gas station mini-mart use located outside the City of Morgantown and
beyond the City’s land use and land development regulations.
Principal 5 Quality design is emphasized for all uses to create an ☐ Concurrence
attractive, distinctive public and private realm and ☐ Inconsistent
promote positive perceptions of the region. ☒ N/A or Inconclusive
Site and building design are extraneous to the petitioner’s zoning map amendment
request.
Principal 6 Development that integrates mixed-uses (residential, ☒ Concurrence
commercial, institutional, civic, etc.) and connects ☐ Inconsistent
with the existing urban fabric is encouraged.
☐ N/A or Inconclusive
Mixed-use development patterns are not permitted in the R-1 Zoning District, which is
a desired development objective within the corridor enhancement concept area. The
maintenance and vitality of the commercial building appears prudent to ensure it
continues to serve as an effective buffer between adjoining R-1 zoned single-family
homes inside the City of Morgantown and the adjoining gas station mini-mart use
located outside the City of Morgantown and beyond the City’s land use and land
development regulations.
Principal 7 Places will be better connected to improve the ☐ Concurrence
function of the street network and create more ☐ Inconsistent
opportunities to walk, bike and access public ☒ N/A or Inconclusive
transportation throughout the region.
The map amendment would not result in any immediate street or pedestrian network
improvements.
Principal 8 A broad range of housing types, price levels and ☒ Concurrence
occupancy types will provide desirable living options ☐ Inconsistent
for a diverse population.
☐ N/A or Inconclusive
Mixed-use or more diverse housing development patterns are not permitted in the R-1
Zoning District.
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STAFF REPORT ADDENDUM C
RZ19-05 / Colonial Office Associates / 3280 University Avenue
Principal 9 Residential development will support the formation of ☐ Concurrence
complete neighborhoods with diverse housing, ☐ Inconsistent
pedestrian-scaled complete streets, integrated public ☒ N/A or Inconclusive
spaces, connection to adjacent neighborhoods, and
access to transportation alternative and basic retail
needs.
Site design is extraneous to the petitioner’s zoning map amendment request.
Principal 10 Parks, open space, and recreational areas are ☐ Concurrence
incorporated as part of future development. ☐ Inconsistent
☒ N/A or Inconclusive
Site design is extraneous to the petitioner’s zoning map amendment request.
Principal 11 Environmentally sensitive and sustainable practices ☐ Concurrence
will be encouraged in future developments. ☐ Inconsistent
☒ N/A or Inconclusive
Site design is extraneous to the petitioner’s zoning map amendment request.
Development proposals will be consistent with the Land
Management Map. If the proposal applies to an area intended for
growth, infill, revitalization, or redevelopment, then it should be
LOCATION compatible with that intent and with any specific expectations within
Areas of Opportunity. If the proposal applies to an area of
conservation or preservation, it should be compatible with and work
to enhance the existing character of the immediate surroundings.
The following graphic is clipped from the Conceptual Growth Framework Map included on
Page 19 of the 2013 Comprehensive Plan Update. The subject development site is located
within a “Infill and Redevelopment” and “Limited Growth” concept area.
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STAFF REPORT ADDENDUM C
RZ19-05 / Colonial Office Associates / 3280 University Avenue
Development proposals in growth areas will be consistent with
PATTERN preferred development types. Development in areas where growth is
AND not intended should be compatible with the relevant Character Areas
CHARACTER description and expectations for how those areas should evolve in
the future.
The graphic to the right is clipped from Map 3 – Pattern and Character included on Page 27 of
the 2013 Comprehensive Plan Update. The subject site is located within the “Neighborhood
1” pattern and character area.
The graphic to the right is clipped from Map 4 – Land Management included on Page 39 of the
the 2013 Comprehensive Plan Update. The subject development site is located within the
“Neighborhood Conservation” and “Corridor Enhancement” concept areas.
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STAFF REPORT ADDENDUM C
RZ19-05 / Colonial Office Associates / 3280 University Avenue
The following graphics are clipped from Pages 41 through 43 of the 2013 Comprehensive Plan
Update and identify the development types desired within the “Neighborhood Conservation”
and “Corridor Enhancement” concept areas
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