Planning Commission

Morgantown Planning Commission REGULAR MEETING PACKET Thursday, February 13, 2020 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 Intentional Blank Page  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 61 December 12, 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 61 December 12, 2019  MORGANTOWN PLANNING COMMISSION February 13, 2020 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 December 12, 2019 meeting minutes. William Blosser, 3rd Ward B. Approval of January 9, 2020 meeting minutes. Bill Petros, 4th Ward C. 2019 Annual Report to City Council. Michael Shuman, 5th Ward Ronald Dulaney, City Council IV. UNFINISHED BUSINESS: None. AJ Hammond, City Admin. V. NEW BUSINESS: A. MNS20-01 / Adkins / 453 Civitan Street: Request by Chaille Adkins for minor subdivision approval of property located at 453 Civitan Street. Seventh Ward Tax District, Tax Map 2, Parcel 100; R-1, Single-Family Residential District. B. MNS20-02 / Callen / 3423 and 3427 Collins Ferry Road: Request by Michael If you need an accommodation, Callen for minor subdivision approval of property located at 3423 and 3427 please contact Collins Ferry Road. Seventh Ward Tax District, Tax Map 53, Parcels 125 and 304-284-7431 or 126; R-1, Single-Family Residential District. 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 Christopher Fletcher, AICP Director IX. ADJOURNMENT Planning Division John Whitmore, AICP Senior Planner 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 1 of 1 Intentional Blank Page  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. Morgantown Planning Commission Page 1 of 5 December 12, 2019 Minutes DRAFT  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 Morgantown Planning Commission Page 2 of 5 December 12, 2019 Minutes DRAFT 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 Morgantown Planning Commission Page 3 of 5 December 12, 2019 Minutes DRAFT 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. Morgantown Planning Commission Page 4 of 5 December 12, 2019 Minutes DRAFT  • 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: COMMISSION SECRETARY: _____________________________ Christopher M. Fletcher, AICP Morgantown Planning Commission Page 5 of 5 December 12, 2019 Minutes DRAFT Intentional Blank Page  MORGANTOWN PLANNING COMMISSION MINUTES 6:30 p.m. January 9, 2020 Council Chambers COMMISSIONERS PRESENT: Peter DeMasters, Sam Loretta, Tim Stranko, William Blosser, Michael Shuman, Ron Dulaney, and AJ Hammond COMMISSIONERS ABSENT: Bill Petros, Carol Pyles 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. ELECTION OF LEADERSHIP: Stranko nominated the Peter DeMaster as President and Carol Pyles as Vice-President for another term; seconded by Dulaney. There being no other nominations, the nominations were closed. The motion carried unanimously. III. GENERAL PUBLIC COMMENTS: None. IV. MATTERS OF BUSINESS: Approval of the December 12, 2019 meeting minutes were postponed. V. UNFINISHED BUSINESS: None. VI. NEW BUSINESS: A. RZ20-01 / Administrative / Overlay Zoning Districts: Administratively requested realignment of Overlay Zoning Districts on the “Official Zoning Map” to reflect Monongalia County Assessor’s digitized tax parcel mapping and to remedy cartographic errors in the current overlay district boundaries Fletcher presented the Staff Report. Stranko asked Fletcher to take a minute to remind the Planning Commission of the purpose and importance of overlay districts and why our citizens may be interested in these designations. Fletcher explained that overlay districts are a tool that is used to either make the development standards and/or the land uses slightly different than the base zoning district underneath of it. Additional development standards can be included, which is very much the case in the Sunnyside overlay districts from architectural standards, the types of permitted land uses, development performance standards, etc. They also can be used to provide greater flexibility. For instance, in Sunnyside the base zoning districts require a larger front setback, or larger rear setback. If Morgantown Planning Commission Page 1 of 3 January 9, 2020 Minutes DRAFT higher density is desired, which is there, then those setbacks are decreased so development can be pursued at a more intense pattern. Sometimes the question arises about changing the base zoning district, a lot of the areas where we use overlay districts it is usually covering multiple base zoning districts. We want to continue to observe these base zoning districts, to regulate and manage, but just add either incentives or greater restrictions to achieve what the comprehensive plan is desiring for those particular areas. Dulaney asked how the revised boundary was decided for the Sunnyside Central Overlay District. Fletcher replied that at the intersection of Beverly Avenue and 6th Street, there is one building down there, possibly a duplex. Looking at the existing overlay district, it is not clear whether the intention was to include that property or not. The properties to the north of that wrap around 6th Street extension, the overly district did not include any structures north of the one previously mentioned. What we did, was just pulled the boundary south to include properties that face Beverly on both sides of the street. From a physical standpoint, it makes sense to include the way it was done to emulate what was around it. Dulaney suggested that landowners impacted by this boundary adjustment should be notified. Fletcher noted the Planning Commission can decide to include these parcels in the Sunnyside Central Overlay District as a part of its recommendation to City Council. 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. Demaster’s asked for a motion to submit a recommendation to amend the overlay district boundaries to City Council with the modification to include the parcels noted by Dulaney in the Sunnyside Central Overlay District. Stranko made a motion and seconded by Dulaney. Motion carried unanimously. B. TX20-01 / Administrative / Sidewalk Requirements: Administratively requested zoning text amendments to remove sidewalk development standards from the Morgantown Planning and Zoning Code and placing related standards in Article 913 “Sidewalks” of Morgantown City Code. Planning and Zoning Code Sections included are 1333.07(E), 1335.07(E), 1337.07(E), 1339.07(E), 1341.07(I), 1343.07(G), 1345.07(F), 1347.07(F), 1353.07(E), and 1361.03(L). Fletcher presented the Staff Report. DeMaster’s wanted to clarify that what the Planning Commission is being asked to do is recommend to City Council that all sidewalk related development requirements and standards be removed from the Planning and Zoning Code and placed in another section of City Code, Article 913, which is outside the scope of the Planning Commission. Whatever City Council decides to do with the sidewalks would be out of the Planning Commission’s hands. That being said, when the Planning Commission reviews site plans, how will the provision of sidewalks be addressed. Fletcher stated the development of sidewalk could be addressed through conditions included in site plan approvals. The rules and regulations that will development under Article 913 for sidewalks will require the developer to address these facility as a part of the site plans presented to the Planning Commission. Morgantown Planning Commission Page 2 of 3 January 9, 2020 Minutes DRAFT Fletcher clarified that under the Planning and Zoning code, the City only requires sidewalks to be constructed when there is a new development, construction, or significant redevelopment. This has proven to be a reactive means of developing sidewalks. Earl Core Road is a perfect example. We have a lot of new sidewalks along this corridor, but you walk on a new segment of sidewalk, then on a berm, or have no pedestrian path to walk on. A proactive approach would be to plan for and construct sidewalks as a comprehensive network, which is the intention of removing the sidewalk development requirements and standards from the Planning and Zoning Code and placing them in Article 913 of City Code. The City Attorney is still working on Article 913 revisions and the City Engineer and Planning staff are working on a classification system for sidewalks similar to a roadway classification. Fletcher noted Staff is working to tie all these City Code modifications together to ensure there is no time gap between the current requirements and the new requirements. If City Council decides not to pursue the comprehensive changes, then the current Planning and Zoning Code requirements would stay in place. 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. Demasters asked for a motion to approve. Stranko motioned to approve; seconded by Hammond. The motion carried unanimously. VII. OTHER BUSINESS A. Committee Reports • Traffic Commission Report: No report. • Other Committees: No reports. • Staff Comments: Fletcher asked if he could give a demonstration of the online zoning map that should be live in a couple of weeks. The City’s GIS Analysist Marvin Davis is developing this new tool following the Planning Commission’s and City Council’s recent updates to the City’s Official Zoning Map. A link will be placed on the City’s website. Zoning district, and some Planning and Zoning Code elements, like the permitted land use table, will be available through the online mapping tool. The only spatial data we are unable to incorporate presently is the County’s tax parcel mapping. The City is working with the County to integrate this data in the future. VIII. FOR THE GOOD OF THE COMMISSION: IX. ADJOURNMENT: 7:27 PM MINUTES APPROVED: COMMISSION SECRETARY: _____________________________ Christopher M. Fletcher, AICP Morgantown Planning Commission Page 3 of 3 January 9, 2020 Minutes DRAFT Intentional Blank Page  2019 ANNUAL REPORT Planning Commission The West Virginia State Code Chapter 8A-2-11 requires Planning Commissions to: “Make an annual report to the appropriate governing body concerning the operation of the planning commission and the status of planning within its jurisdiction.” The Morgantown Planning Commission respectfully submits this 2019 Annual Report to the Morgantown City Council. Morgantown Land Use Planning Milestones 1944 .............. City Council adopted first Zoning Ordinance 1959 .............. West Virginia Planning Enabling Act Adopted 1961 .............. City’s First Comprehensive Plan Adopted 1970 .............. Comprehensive Plan Updated 1979 ............. First City Planner Hired 1999 .............. Comprehensive Plan Update Adopted 2006 .............. Planning & Zoning Code Modernized and Codified 2010 .............. Downtown Strategic Plan Update Adopted 2013 .............. Comprehensive Plan Update Adopted 2016 .............. Small Area Plan – Future Study Area No. 17 2017 .............. Small Area Plan – Future Study Area No. 2 2018 .............. Small Area Plan – Future Study Area No. 18 2018 .............. Small Area Plan – Future Study Area No. 16 2019 .............. Small Area Plan – Future Study Area No. 5 2019 Planning & Zoning Cases The following table illustrates the caseload for the Planning Commission and Board of Zoning Appeals during the 2017, 2018, and 2019 calendar years. PC BZA Number of Applications 2019 Actions 2017 2018 2019 Pending Approved Denied W/drawn Site Plans (DSI) 3 2 1 1 Minor Subdivisions 18 22 17 17 Major Subdivisions 0 0 0 0 Map Amendments 3 3 5 1 4 Text Amendments 12 7 1 1 Variances 42 44 41 41 Conditional Uses 10 9 4 4 Administrative Appeals 3 2 0 0 TOTAL 91 89 69 1 68 2019 Morgantown Planning Commission Page 1 of 7 Annual Report to City Council Citizen Planners The success of local planning policies, programming, and services depends largely on the commitment and integrity of residents appointed by the Morgantown City Council to serve on various planning-related commissions, boards, and committees. Morgantown is fortunate to enjoy a well-informed public willing to serve in the role of “Citizen Planner.” The following table identifies these volunteers and their respective terms as of December 31, 2019. Date of Original Tenure Citizen Planner Current Term Appointment (in months) Planning Commission Peter DeMasters, President 03/21/2006 01/01/17 – 12/31/19 164 6th Ward Representative Carol Pyles, Vice-President 09/17/2008 01/01/19 – 12/31/21 135 7th Ward Representative Sam Loretta 06/20/2006 01/01/18 – 12/31/20 161 1st Ward Representative Tim Stranko 03/21/2007 01/01/18 – 12/31/20 152 2nd Ward Representative William Blosser 11/05/2013 01/01/17 – 12/31/19 73 3rd Ward Representative William Petros 01/19/2010 01/01/19 – 12/31/21 119 4th Ward Representative Michael Shuman 08/04/2009 01/01/19 – 12/31/21 124 5th Ward Representative Ron Dulaney Jr. City Council term 07/01/2017 ending 06/30/21 30 City Councilor AJ Hammond 11/20/19 at the will of City Manager 1 Administration Representative PC Tenure Summary: Total: 959 mos. or 79.9 yrs. Average: 106.6 mos. or 8.9 yrs. Board of Zoning Appeals Harrison Case 2/21/2017 01/01/17 – 12/31/19 35 Kevin Meehan 10/17/2017 01/01/19 – 12/31/21 27 Chris Benison 12/5/2017 01/01/18 – 12/31/20 24 Heidi Cook 03/20/2018 01/01/18 – 12/31/20 21 Garrett Tomblin 01/9/2019 01/01/19 – 12/31/21 12 BZA Tenure Summary: Total: 119 mos. or 9.9 yrs. Average: 23.8 mos. or 2 yrs. +/-. 2019 Morgantown Planning Commission Page 2 of 7 Annual Report to City Council The following table identifies attendance trends for the 2017, 2018, and 2019 calendar years. One (1) Planning Commission meeting was canceled in 2019 due to the lack of cases to review and consider. 2017 2018 2019 Three-Year Citizen Planner Attendance Absent Present Absent Present Absent Present Rate Planning Commission Peter DeMasters 1 10 3 7 1 10 84% 6th Ward Representative Carol Pyles 4 7 3 7 4 7 66% 7th Ward Representative Sam Loretta 0 11 1 9 0 11 97% 1st Ward Representative Tim Stranko 2 9 2 8 0 11 88% 2nd Ward Representative William Blosser 0 11 0 10 0 11 100% 3rd Ward Representative William Petros 2 9 3 7 1 10 81% 4th Ward Representative Michael Shuman 5 6 4 6 0 11 72% 5th Ward Representative Ronald Dulaney, Jr. 1 5 0 10 3 8 72% City Councilor AJ Hammond N/A N/A N/A N/A 0 1 100% Administration Representative Board of Zoning Appeals Harrison Case 1 8 3 8 2 10 81% Kevin Meehan 0 2 1 10 1 11 92% Chris Benison N/A N/A 0 11 0 12 100% Heidi Cook N/A N/A 0 9 1 11 95% Garrett Tomblin N/A N/A N/A N/A 3 8 75% 2019 Morgantown Planning Commission Page 3 of 7 Annual Report to City Council 2019 Building Permits and Construction Value The following table identifies building permit and construction value (nominal) trends for the 2017, 2018, and 2019 calendar years as tracked and report by the City’s Code Enforcement Department. 2017 2018 2019 % % % No. / Value No. / Value Chang No. / Value Change Change e No. of Building Permits Issued 1,910 22.8% 1,680 -12.0% 1,805 7.0% Total Construction/ $36,267,943 9.9% $20,644,918 -43.1% $30,246,880 47.0% Improvement Value Total Amount of Building Permit Related Fees Paid to $206,042 2.5% $161,668 -21.5% $212,461 31.0% the City Planned Unit Developments (PUDs) As of December 31, 2019, there have been seven (7) Planned Unit Development (PUD) Outline Plans recommended by the Planning Commission and approved by City Council. The following status for each PUD is provided in accordance with Article 1357.03(D)(4)(c) of the Planning and Zoning Code. The Square at Falling Run, SC Bodner, Westminster House, and Beech View Place Planned Unit Developments were completed. Grand Central Apartments was originally approved in 2007 but rescinded by ordinance in 2010. Habitat for Humanity was originally approved in 2009 but rescinded by ordinance in 2012, and lands subsequently developed as single-family housing. Glen Ridge Apartments was originally approved in 2015 but rescinded by ordinance in 2017. These PUDs were rescinded because development was not initiated prior to respective Outline Plan Approval deadlines. The City of Morgantown has not received an application for a Planned Unit Development since the Glenn Ridges Apartment PUD Outline Plan in August 2015. 2019 Planning Accomplishments and 2020 Planning Work Program • City of Morgantown 2017-2019 Strategic Plan – In December 2017, City Council finalized a strategic plan to serve as a road map guiding its vision toward implementing significant, measurable and attainable improvements. The Planning Commission and/or Development Services Department staff have direct or indirect roles in contributing to the following strategic goals and objectives. Attractive Amenities Objective 1: Continue to revitalize the riverfront Promote infill and redevelopment in the Wharf District UPDATE/STATUS – The Planning Division continues to engage potential development interest for the reuse of existing buildings and new construction. 2019 Morgantown Planning Commission Page 4 of 7 Annual Report to City Council  Cooperative Relationships Objective 1: Leverage and expand intergovernmental relationships Develop relationships with other political entities for cooperative service delivery UPDATE/STATUS – The Planning Division continues to contribute to the Morgantown- Monongalia Metropolitan Planning Organization (MMMPO) through active membership on its Transportation Technical Advisory Committee (TTAC). Additionally, staff attends, as appropriate, meetings of the City’s Housing Advisory Commission and the City’s Bicycle Board. Excellent City Services Objective 3: Promote collaborative code enforcement Evaluate appropriate staffing assignments and levels to address code violations UPDATE/STATUS – Additional funding was allocated by City Council in the FY2019 City Budget to increase Planning Division staff by one (1) full-time equivalent position in the third quarter of the fiscal year. Recruitment to fill the newly created Zoning Compliance Inspector position will be initiated in February 2020. Quality Development Objective 1: Promote strategic community development Provide updates of the comprehensive plan implementation regularly UPDATE/STATUS – An administrative zoning text amendment was recommended by the Planning Commission and approved by City Council in JUL 2019 addressing single-family residential design standards related to front-loaded garages. The objective of these text amendments is to ensure new construction maintains an inviting human scale where exterior design emphasizes the dwelling unit rather than what is typically observed as the last attractive element: the garage. Vibrant Downtown Objective 1: Encourage the continued enhancement and diversity of the downtown area Utilize the Main Street Market Data Study. Encourage diversity in downtown development, businesses, and activities. UPDATE/STATUS – Construction was substantially completed in 2019 at 461 High Street (former Dairy Queen) by SunCap Development offering three (3) new tenant spaces (Chipotle, Chase Bank, and TBD) and new mixed-used dwellings above. Additionally, The Mills Group, a local architecture firm, acquired and made significant progress in substantially renovating the building at 88 High Street (former City Office Equipment). Attainable Housing Objective 1: Promote quality and diversification of housing Research tools to increase affordable housing through inclusionary and incentive zoning practices UPDATE/STATUS – $30,000 is budgeted in FY 2019 to engage a firm to identify home ownership and rental housing market gaps and establish related policy and programming recommendations. A firm was selected in 2019 and project completion is expected in Summer 2020. Under the direction of the City Manager’s Office, the Planning Division will continue to develop and undertake implementation strategies in 2020 intended to advance these goals and objectives accordingly. 2019 Morgantown Planning Commission Page 5 of 7 Annual Report to City Council • Small Area Studies – Strategies NH 1.2 and ED 5.7 of the 2013 Comprehensive Plan Update provides for the preparation and implementation of small area studies for 16 “Future Study Areas”, which are identified in Appendix A of the Plan. Planning projects were completed in 2019 for Study Area No. 5 with the report received by the Planning Commission in October 2019. Further zoning map and text amendments related to the study area are anticipated for early 2020. • Modernization of Subdivision Regulations – The Planning Commission and City Council completed the lengthy task of modernizing and codifying the City’s zoning regulations in 2006. The fundamental purpose of this endeavor was to implement progressive land use policies and strategies as well as comply with the State Legislature’s similar effort in 2004 to modernize the State’s Planning Enabling Law. Changes in State Code have created opportunities to streamline the review and approval of subdivision petitions. Incorporating these opportunities in Morgantown’s Planning and Zoning Code requires a major amendment to the City’s subdivision regulations. City Council allocated $75,000 in FY 2019 to complete this project. A related request for proposals will be published in the first quarter of 2020 Calendar Year, with project completion anticipated within 9 to 12 months. • Geographic Information System (GIS) – The Monongalia County Assessor’s Office maintains a web-based GIS parcel viewer [https://ags.agdmaps.com/wv/mon/]. The Planning Division has completed the laborious task of editing the City’s zoning district boundaries to align with the County’s GIS-based parcel mapping boundaries. Amendments to the Official Zoning Map were recommended for approval by the Planning Commission under Case Number RZ19-04 in September 2019 and approved by the City Council under Ordinance 19-29. Further amendments to the Official Zoning Map are anticipated to be enacted in early 2020 to related to Overlay Districts. Additionally, General Fund resources were programmed in 2019 with direction given by the City Manager’s Office to recruit a full-time GIS professional, outsourced technical support, and acquire necessary hardware and software to launch an integrated City GIS. Marvin Davis joined the City of Morgantown as a GIS Analyst in September 2019. • Richwood-Willey Intersection Report – In February 2018, the Planning Commission accepted the Small Area Plan and Recommendations Report for Future Study Area No. 2. A transportation operational study of the Richwood Avenue and Willey Street intersection was recommended, the completion of which by the Morgantown-Monongalia Metropolitan Planning Organization (MMMPO) occurred in June 2019. Discussions with West Virginia Division of Highways and other stakeholders on completion of recommended improvements are ongoing. • Morgantown Regional Bike and Pedestrian Transportation Plan – The City of Morgantown in conjunction with the City of Westover, Monongalia County, MMMPO, West Virginia Department of Transportation, and West Virginia University assisted in the completion of the Morgantown Regional Bike and Pedestrian Transporation Plan, coordinated by Alta Planning and Design and Stantec. The plan document is anticipated to be completed in 2020, with an executive summary provided in November 2019. Initial findings from the executive summary have provided the City of Morgantown with data beneficial in modifying the existing sidewalk construction requirements and methods, with Planning Commission recommendation and Council action occurring in early 2020. 2019 Morgantown Planning Commission Page 6 of 7 Annual Report to City Council • 2023 Comprehensive Plan Update – In hopes of building on the collaborative success of the 2013 Comprehensive Plan Update process, City Administration began the process of securing multi-year funding commitments from the Morgantown-Monongalia Metropolitan Planning Organization (MMMPO), the Monongalia County Commission, and neighboring municipalities. This will align with the timing of the MMMPO’s next Metropolitan Transportation Plan (MTP) and publication of the 2020 decennial census data. Funding has been requested over three fiscal years in the City’s Capital Escrow Account. 2019 Morgantown Planning Commission Page 7 of 7 Annual Report to City Council Intentional Blank Page  MORGANTOWN PLANNING COMMISSION February 13, 2020 6:30 p.m. City Council Chambers President: STAFF REPORT Peter DeMasters, 6th Ward CASE NO: MNS20-01 / Adkins / 453 Civitan Street Vice-President: Carol Pyles, 7th Ward REQUEST and LOCATION: Planning Commissioners: Request by Chaille Adkins for minor subdivision approval of property located at 453 Sam Loretta, 1st Ward Civitan Street. Tim Stranko, 2nd Ward TAX MAP NUMBER (s) and ZONING DESCRIPTION: William Blosser, 3rd Ward Seventh Ward Tax District, Tax Map 2, Parcel 100; R-1, Single-Family Residential District. Bill Petros, 4th Ward Michael Shuman, 5th Ward SURROUNDING ZONING: Ronald Dulaney, City Council R-1, Single-Family Residential District. AJ Hammond, City Admin. BACKGROUND and ANALYSIS: The petitioner seeks to subdivide Parcel 100 into two (2) parcels. Addendum A of this report illustrates the subject site. Parcel 274 includes all of Lots 26, 27 and 28 of Block No. 4 of the East Fairfield Addition subdivision. Each of the two (2) proposed parcels will have 60-foot of frontage along Civitan Street as illustrated in the staff enhanced image below: Parcel 1 Development Services Christopher Fletcher, AICP Director Parcel 2 John Whitmore, AICP Senior Planner Planning Division 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 1 of 4  MORGANTOWN PLANNING COMMISSION February 13, 2020 6:30 p.m. City Council Chambers President: Both proposed parcels would be of equal dimensions (60’ x 110’), with an approximate Peter DeMasters, 6th Ward area of 6,600 square feet. The parcels will not meet the minimum frontage standard [70 feet] or minimum area standard [7,200 square feet] for the R-1 District, as provided in the Vice-President: following graphic from Section 1333.03 of the Planning and Zoning Code. 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 The waiver provision would not apply to this subdivision as Civitan Street is a city accepted Ronald Dulaney, City Council roadway and public right-of-way. Accordingly, the proposed subdivision will require AJ Hammond, City Admin. variances by the Planning Commission in accordance with Section 1315.07 of the Planning and Zoning Code, as shown below. The following is a summary of the parcel configuration patterns within the combined block (East Fairfield Addition Block Nos. 4 and 13): • There are 18 R-1 District classified parcels within the combined block. • 5 of the 7 parcels fronting Civitan Street appear to meet the minimum R-1 District frontage and area standards. • With regards to the 2 nonconforming parcels fronting Civitan Street, Parcels 10.1 and 12 are occupied by one single-family dwelling. This principal building is also Development Services considered nonconforming as it is situated on 2 separate parcels. Christopher Fletcher, AICP Director • Of the 11 parcels fronting Junior Avenue, only 4 appear to meet the R-1 District minimum frontage and area standards. John Whitmore, AICP Senior Planner The following image illustrates the parcel configuration patterns within the combined block. Planning Division 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 2 of 4  MORGANTOWN PLANNING COMMISSION February 13, 2020 6:30 p.m. City Council Chambers President: Peter DeMasters, 6th Ward Vice-President: 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 Christopher Fletcher, AICP Director John Whitmore, AICP Senior Planner Planning Division 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 3 of 4  MORGANTOWN PLANNING COMMISSION February 13, 2020 6:30 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 not destroy the intent of the provision for which the variance or modification is requested; Vice-President: in this case, the minimum frontage standard and minimum area standard. Additionally, Carol Pyles, 7th Ward the Planning Commission must state the reason on which the departure was justified. Planning Commissioners: Staff recommends the following justification considerations when considering granting the Sam Loretta, 1st Ward requested subdivision variance or modification: Tim Stranko, 2nd Ward • Over 70% of development fronting Civitan Street within the combined block meets William Blosser, 3rd Ward or exceeds the R-1 District minimum lot frontage and area standards. Bill Petros, 4th Ward • The only two (2) parcels fronting Civitan Street that do not meet R-1 District Michael Shuman, 5th Ward minimum lot frontage and area standards is joined as one premises containing one Ronald Dulaney, City Council single-family dwelling. AJ Hammond, City Admin. • Staff is unaware of nor has the petitioner provided substantiated topographic or other conditions peculiar to the site necessitating a variance from R-1 District minimum lot frontage and area standards. • Both proposed parcels will have 10 feet less than the R-1 District minimum lot frontage standard and 600 square feet less than the R-1 District minimum lot area standard. Staff provides no recommendation as to whether the proposed subdivision should be approved. In the event the Planning Commission finds favorable reasoning to justify departure from the minimum lot frontage and lot area standards and approve the subdivision, staff recommends the following conditions be included: 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. Development Services Christopher Fletcher, AICP Enclosure: Application and accompanying exhibits Director John Whitmore, AICP Senior Planner Planning Division 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 4 of 4  STAFF REPORT ADDENDUM A MNS20-01 / Adkins / 453 Civitan Street Clipped from Google Maps Clipped from Google Maps Staff Report Addendum A Page 1 of 2 MNS20-01  STAFF REPORT ADDENDUM A MNS20-01 / Adkins / 453 Civitan Street Monongalia County Assessor’s Office Staff Report Addendum A Page 2 of 2 MNS20-01 Intentional Blank Page  MORGANTOWN PLANNING COMMISSION February 13, 2020 6:30 p.m. City Council Chambers President: Peter DeMasters, 6th Ward STAFF REPORT Vice-President: CASE NO: MNS20-02 / Callen / 3423 and 3427 Collins Ferry Road Carol Pyles, 7th Ward REQUEST and LOCATION: Planning Commissioners: Sam Loretta, 1st Ward Request by Michael Callen for minor subdivision approval of property located at 3423 and 3427 Collins Ferry Road. Tim Stranko, 2nd Ward William Blosser, 3rd Ward TAX MAP NUMBER (s) and ZONING DESCRIPTION: Bill Petros, 4th Ward Seventh Ward Tax District, Tax Map 53, Parcels 125 and 126; R-1, Single-Family Michael Shuman, 5th Ward Residential District. Ronald Dulaney, City Council AJ Hammond, City Admin. SURROUNDING ZONING: R-1, Single-Family Residential District. BACKGROUND and ANALYSIS: The petitioner seeks to subdivide parcels 126 and 125 into three (3) parcels. Addendum A of this report illustrates the subject site. The proposed subdivision would result in three (3) equally sized and spaced parcels as shown in the staff enhanced image below: Development Services C B Christopher Fletcher, AICP Director John Whitmore, AICP A Senior Planner Planning Division 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 1 of 3  MORGANTOWN PLANNING COMMISSION February 13, 2020 6:30 p.m. City Council Chambers President: Each parcel will be approximately 83.33’ in width and 87 feet in depth for an area of Peter DeMasters, 6th Ward 7,249.71 square feet +/-, in excess of the R-1 District minimum lot size standard. Vice-President: Carol Pyles, 7th Ward The parcels will front on a private roadway established under minor subdivisions MNS19- 07 and MNS19-08. The staff report [without appendices], 09 May 2019 Planning Commission meeting minutes, and the action letter related to those subdivisions are Planning Commissioners: attached in Addendum B of this report. Sam Loretta, 1st Ward Tim Stranko, 2nd Ward As the parcels will be served by a right-of-way, the minimum lot frontage standard may be William Blosser, 3rd Ward waived as provided in Section 1333.03(B) of the Planning and Zoning Code: Bill Petros, 4th Ward Michael Shuman, 5th Ward Ronald Dulaney, City Council AJ Hammond, City Admin. As requested by staff, the petitioner has submitted a letter from the West Virginia Division of Highways confirming that, “it is not felt [by WVDOH] that three additional home will adversely affect the operation of the previously permitted driveway [for Case Nos. MNS19- 07 and MNS19-08]. Said letter dated 14 JAN 2020 is appended hereto. STAFF RECOMMENDATION: Staff recommends the proposed subdivision be approved as requested with the following conditions: 1. That, if not already completed, the two (2) single-family principle buildings and any accessory structures thereto located on Parcels 125 and 126 of Tax Map 53, must be razed and removed; 2. That final right-of-way easement location and design dimensions must be approved in writing by the City Engineer and the City Fire Marshall, in accordance with MNS19- 08 / Bossio / 3431 and 3435 Collins Ferry Road; Development Services 3. That the petitioner shall furnish to the Office of the City Manager a performance bond Christopher Fletcher, AICP that assures the City that the subdivide, his/her heirs, successors and assigns, their Director agent or servants will faithfully perform and complete the work of constructing and installing improvements as determined by the City Engineer (e.g., roadway, John Whitmore, AICP Senior Planner sidewalks, water, sanitary sewer, stormwater, etc.). Further, such performance bond shall: Planning Division a. Run to the City of Morgantown. 389 Spruce Street b. Be in an amount of the estimated construction cost of the ultimate installation of Morgantown, WV 26505 improvements as determined by the City Engineer. 304.284.7431 c. Specify the time for the completion of installation of the improvements. Page 2 of 3  MORGANTOWN PLANNING COMMISSION February 13, 2020 6:30 p.m. City Council Chambers President: 4. That the petitioner submit at least three (3) original final plat documents, including Peter DeMasters, 6th Ward all access/utility easements, if applicable, signed and sealed by a surveyor licensed Vice-President: in the State of West Virginia for the Planning Commission President’s signature; and, Carol Pyles, 7th Ward 5. That the final plat is recorded at the Monongalia County Courthouse within thirty (30) days of observing the conditions set forth above and after receiving the executed Planning Commissioners: plat. Sam Loretta, 1st Ward Tim Stranko, 2nd Ward William Blosser, 3rd Ward Bill Petros, 4th Ward Enclosure: Application and accompanying exhibits th Michael Shuman, 5 Ward Ronald Dulaney, City Council AJ Hammond, City Admin. 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  COMBINED STAFF REPORT ADDENDUM A MNS20-02 / Callen / 3423 and 3427 Collins Ferry Road Clipped from Google Maps Clipped from Google Maps Staff Report Addendum A Page 1 of 2 MNS20-02  COMBINED STAFF REPORT ADDENDUM A MNS20-02 / Callen / 3423 and 3427 Collins Ferry Road Part of Tax Map 53 Staff Report Addendum A Page 2 of 2 MNS20-02  STAFF REPORT ADDENDUM B MNS20-02 / Callen / 3423 and 3427 Collins Ferry Road Table of Contents MNS19-07 and MNS 19-08 Page 2 of 9 Combined Staff Report May 9, 2019 Page 6 of 9 Planning Commission Minutes MNS19-07 and MNS 19-08 Page 8 of 9 Approval letter Page 1 of 9  STAFF REPORT ADDENDUM B MNS20-02 / Callen / 3423 and 3427 Collins Ferry Road Page 2 of 9  STAFF REPORT ADDENDUM B MNS20-02 / Callen / 3423 and 3427 Collins Ferry Road Page 3 of 9  STAFF REPORT ADDENDUM B MNS20-02 / Callen / 3423 and 3427 Collins Ferry Road Page 4 of 9  STAFF REPORT ADDENDUM B MNS20-02 / Callen / 3423 and 3427 Collins Ferry Road Page 5 of 9  STAFF REPORT ADDENDUM B MNS20-02 / Callen / 3423 and 3427 Collins Ferry Road Page 6 of 9  STAFF REPORT ADDENDUM B MNS20-02 / Callen / 3423 and 3427 Collins Ferry Road Page 7 of 9  STAFF REPORT ADDENDUM B MNS20-02 / Callen / 3423 and 3427 Collins Ferry Road Page 8 of 9  STAFF REPORT ADDENDUM B MNS20-02 / Callen / 3423 and 3427 Collins Ferry Road Page 9 of 9