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Planning Commission

Regular Meeting

Morgantown, WV · March 12, 2020

AgendaMinutes

Minutes

MORGANTOWN PLANNING COMMISSION MINUTES 6:30 p.m. March 12, 2020 Council Chambers COMMISSIONERS PRESENT: Peter DeMasters, Carol Pyles, Sam Loretta, Tim Stranko, William Blosser, Bill Petros, Michael Shuman, Ronald Dulaney COMMISSERS ABSENT: None 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 February 13, 2020 meeting minutes. Stranko moved to approve as presented; seconded by. Motion passed unanimously with Petros and Shuman abstaining due to their absence. IV. UNFINISHED BUSINESS: None. V. NEW BUSINESS: A. RZ20-02 / DRS Architects / Ronald McDonald House / 841 Country Club Drive: Request by Paul Cali of DRS Architects on behalf of Ronald McDonald House Charities of Morgantown, Inc. for a Zoning Map Amendment to reclassify property addressed as 841 Country Club Drive from R-1, Single-Family Residential District and R-3, Multi-Family Residential District to B-2, Service Business District. Tax District 15, Tax Map 11, Parcels 90 and 91, R-3, Multi-Family Residential District; Part of Tax Map 12, Parcel 1.1, R-1, Single- Family Residential District. Fletcher presented the Staff Report and noted the petitioner was present. Brandon Lucas, attorney for Ronald McDonald House, Paul Cali from DRS Architects, and Jamie Johnson from Alleghany Construction introduced themselves. They thanked the Planning Staff for their guidance on this project. Mr. Johnson reviewed the proposed renovations and expansions to the house including the addition of an elevator for accessibility. New guest rooms, office space etc. would be added. Guest rooms will also be upgraded. The addition to the building will add approximately eleven additional guest rooms, depending on fund raising. Additionally, parking will be expanded to accommodate this. Morgantown Planning Commission Page 1 of 2 March 12, 2020 Minutes There being no comments or questions by the Planning Commission, DeMasters asked if anyone was present to speak in favor or in opposition to the petition. There being none, DeMasters asked for staff’s recommendation, which was read by Fletcher. Demasters asked for discussion. Blosser asked about the public right-of-way from Country Club Drive to Med Center Drive and wonders if the City is considering upgrading the rights-of-way in that area as well as the pedestrian walkways. Even with these upgrades there is still foot traffic area in the area from Ronald McDonald House to the Hospital. Fletcher indicated he would pass on the information to City Administration. Stranko made a motion to recommend to City Council to approve the zoning map amendment as recommended by staff; seconded by Blosser. The motion carried unanimously. Fletcher advised the petitioner stating that since the recommendation has been made to City Council that he will send the information on their upcoming meetings. B. MNS20-03 / Fizer / 679 Westview Avenue. Request by David A. Fizer, Executer of Dorothy M. Fizer Estate, for minor subdivision approval of property located at 679 Westview Avenue. Tax District 15, Tax Map 54, Parcel 153, R-1, Single-Family Residential District. Fletcher presented the Staff Report and noted the petitioner was unable to be present and asked that Staff represent him. There being no 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 asked for staff recommendations, which was read by Fletcher. Stranko motioned to approve the petition with staff recommended conditions; seconded by Hammond. Motion carried unanimously. VI. OTHER BUSINESS A. Committee Reports • Traffic Commission Report: No report. • Other Committees: No reports. B. Staff Comments: Fletcher read the announcement at the bottom of the Agenda regarding the Workshop following the meeting and recommended the business meeting be adjoined before the workshop starts. VII. FOR THE GOOD OF THE COMMISSION: None. VIII. ADJOURNMENT: Motion made and seconded to adjourn at approximately 6:50 p.m. MINUTES APPROVED: May 14, 2020 COMMISSION SECRETARY: _____________________________ Christopher M. Fletcher, AICP Morgantown Planning Commission Page 2 of 2 March 12, 2020 Minutes

Agenda

Morgantown Planning Commission REGULAR MEETING PACKET Thursday, March 12, 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 PC Meeting 1 of 45 March 12, 2020 Intentional Blank Page PC Meeting 2 of 45 March 12, 2020 MORGANTOWN PLANNING COMMISSION March 12, 2020 6:30 p.m. Council Chambers President: AGENDA Peter DeMasters, 6th Ward I. CALL TO ORDER AND ROLL CALL Vice-President: Carol Pyles, 7th Ward II. GENERAL PUBLIC COMMENTS – concerning matters not on the agenda Planning Commissioners: III. MATTERS OF BUSINESS Sam Loretta, 1st Ward A. Approval of the February 13, 2020 minutes. Tim Stranko, 2nd Ward William Blosser, 3rd Ward IV. UNFINISHED BUSINESS: None. Bill Petros, 4th Ward Michael Shuman, 5th Ward V. NEW BUSINESS: Ronald Dulaney, City Council A. RZ20-02 / DRS Architects / Ronald McDonald House / 841 Country Club AJ Hammond, City Admin. Drive: Request by Paul Cali of DRS Architects on behalf of Ronald McDonald House Charities of Morgantown, Inc. for a Zoning Map Amendment to reclassify property addressed as 841 Country Club Drive from R-1, Single- Family Residential District and R-3, Multi-Family Residential District to B-2, Service Business District. Tax District 15, Tax Map 11, Parcels 90 and 91, R-3, Multi-Family Residential District; Part of Tax Map 12, Parcel 1.1, R-1, Single-Family Residential District. If you need an accommodation, B. MNS20-03 / Fizer / 679 Westview Avenue: Request by David A. Fizer, please contact Executer of Dorothy M. Fizer Estate, for minor subdivision approval of property 304-284-7431 or located at 679 Westview Avenue. Tax District 15, Tax Map 54, Parcel 153, TDD 304-284-7512 R-1, Single-Family Residential District. VI. OTHER BUSINESS A. Committee Reports • Traffic Commission • Other Committees B. Staff Comments Development Services VII. FOR THE GOOD OF THE COMMISSION Christopher Fletcher, AICP Director VIII. ADJOURNMENT Planning Division John Whitmore, AICP WORKSHOP. The Planning Commission will conduct a workshop immediately following Senior Planner the Commission’s business meeting. The purpose of the workshop will be to study implementation of the Future Study Area No. 5 Recommendations Report that was accepted by the Planning Commission in October 2019. Workshops are not considered 389 Spruce Street regular or special meetings and may not include the formal conduct of business, the Morgantown, WV 26505 rendering of decisions, or taking action for which the Commission is charged. Workshops 304.284.7431 are open to the public and are intended to serve as training, study, public education, etc. Page 1 of 1 PC Meeting 3 of 45 March 12, 2020 Intentional Blank Page PC Meeting 4 of 45 March 12, 2020 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 Pre-Meeting Announcement PC Meeting 5 of 45 March 12, 2020 (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 Pre-Meeting Announcement PC Meeting 6 of 45 March 12, 2020 MORGANTOWN PLANNING COMMISSION MINUTES 6:30 p.m. February 13, 2020 Council Chambers COMMISSIONERS PRESENT: Peter DeMasters, Carol Pyles, Sam Loretta, Tim Stranko, William Blosser, Ron Dulaney, and AJ Hammond COMMISSIONERS ABSENT: Bill Petros, Michael Shuman 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 December 12, 2019 meeting minutes. Stranko moved to approve as presented; seconded by Blosser. Motion carried unanimously with Pyles and Dulaney abstaining due to their absence. B. Approval of the January 9, 2020 meeting minutes. Loretta noted was absent. Stranko moved to approve the minutes with Loretta’s absence corrected; seconded by Dulaney. Motion carried with Loretta and Pyles abstaining due their absence. C. 2019 Annual Report to City Council. Fletcher reviewed WV State Code regulations concerning the Planning Commission’s obligation to submit an annual report to City Council. Fletcher noted the format of the report has been developed over several years with additional information requested by the Planning Commission. Fletcher asked the Planning Commission to authorize the City Manager to submit the Planning Commission’s 2019 Annual Report to City Council. DeMasters noted Blosser had a perfect attendance record. Stranko moved to submit the report to City Council as presented; seconded by Hammond. The motion carried unanimously. IV. UNFINISHED BUSINESS: None. 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. Fletcher presented the Staff Report and noted the petitioner was present. Morgantown Planning Commission Page 1 of 4 February 13, 2020 Minutes DRAFT PC Meeting 7 of 45 March 12, 2020 DeMasters recognized Chaille Adkins, 1142 Windsor Avenue who noted he lives in Suncrest and he is that he is trying to beautify the neighborhood. He has built two (2) houses in the Suncrest and is working on a third. He stated that he feels the small variance he is asking for is not out of line. There are a lot of other lots in the area that do not really conform to the R-1 District minimum lot frontage and minimum lot area standards. Stranko addressed the petitioner stating the Planning Commission has to apply the law, we don’t have unfettered discretion. The Planning Commission has to find topographical or other conditions to the site to allow the variance. Are there any topographical or other conditions peculiar to this site that the Planning Commission can rely on to make this variance decision? Adkins stated he was not aware of anything. DeMasters addressed the petitioner noting that Junior Avenue has a lot of nonconforming parcels. Civitan has two (2) nonconforming but there is one (1) house on that site. He asked what is across the street. Fletcher stated that there are a couple of nonconforming parcels across the street. The petitioner agreed with Fletcher. Adkins stated that in that general area and within a couple blocks around Civitan, there are nonconforming parcels and that this information was provided with his application. DeMasters referred to another lot across that has two lots, he asked if they were combined would that a conforming lot. Fletcher confirmed it would. Fletcher pulled up the Monongalia County Parcel Viewer website on his phone to look at the parcel subdivision pattern beyond the image provided in the Staff Report. Fletcher noted that the block across the street is a triangular shaped block. Fletcher stated that he sees nine (9) houses in the block immediately to the right. Of those nine (9) homes, only two (2) appear to be on larger parcels. Seven (7) of them are appear to be on parcels that are smaller than the R-1 District standards. DeMasters stated that he only asked this because he wanted to look at the entire neighborhood. Adkins stated that the 1315.07 Variances and Modifications says if someone can show where it creates unnecessary hardship and that he thinks the strict appearance to this creates undue hardship on the entire neighborhood to be able to grow. This house is almost derelict, and the prices of a single lot puts undue hardship on the surrounding landowners to raise their property values. If that house just sits there it is going to nothing. DeMasters stated he understands it would provide undue hardship to the petitioner, but the Planning Commission must look to the neighborhood as a whole. DeMasters stated has a hard time saying that following the laws that we have is an undue hardship. Adkins stated that the 7,200 square feet is an arbitrary number. He stated that getting to 7,200 square feet is a weird dimension. DeMasters stated that a 70-mph speed limit is an arbitrary number also, but it is the law. Stranko noted City Council writes the Planning and Zoning Code, not the Planning Commission. Blosser asked Fletcher at what point does a neighborhood go from R-1 to R-1A. Fletcher stated when Council changes the zoning classification by amending the zoning map. Fletcher noted that the R-1 District has larger lots than R-1A. R-1 is a less dense development pattern than R-1A. R-1A has smaller lots and smaller frontages. R-1A is still single-family but a denser development pattern. Blosser noted that we are taking this neighborhood and putting two houses where one used to be. Pyles thinks the value is in the size of the lot in that neighborhood. DeMasters stated that is why people go to Morgantown Planning Commission Page 2 of 4 February 13, 2020 Minutes DRAFT PC Meeting 8 of 45 March 12, 2020 Suncrest. Pyles noted that if you split it into the smaller lot, you are not following the character of the neighborhood. There being no further comments or questions by the Planning Commission, DeMasters asked if anyone was present to speak in favor or in opposition to the petition. There being no comments, DeMasters closed the public comment portion and asked for staff’s recommendation, which was read by Fletcher. DeMasters asked if there was any discussion. Stranko stated that he is always trying to find a way to work with the applicant, but the Planning Commission is obliged to follow the law. Stranko stated he could not find a reason to support granting variance relief in this case and that the law is very clear. DeMasters asked for a motion. Stranko moved to deny the application based on the fact the Planning Commission was unable to identify topographical or other conditions peculiar to the site to justify departures from the minimum lot area and minimum lot frontage standards for the R-1, Single-Family Residential District without destroying the intent of said provisions; seconded by Blosser. The motion carried unanimously. DeMasters advised the petitioner the Planning Commission decision can be appealed as provided in the City’s Planning and Zoning Code. B. MNS20-02 / Callen / 3423 and 3427 Collins Ferry Road: Request by Michael Callen for minor subdivision approval of property located at 3423 and 3427 Collins Ferry Road. Seventh Ward Tax District, Tax Map 53, Parcels 125 and 126; R-1, Single-Family Residential District. Fletcher presented the Staff Report and not the petitioner was present. DeMasters recognized Michael Callen, 3435 Collins Ferry Road who noted that the three (3) additional lots meet the minor subdivision application. The frontage and square footage meet all R-1 zoning as confirmed as note by Fletcher in the staff report. There being not comments or questions by the Planning Commission, DeMasters asked if anyone was present to speak in favor of or in opposition to the petitioner. There being no comments, DeMasters closed the public comment portion and asked for staff’s recommendation, which was read by Fletcher. Stranko moved to approve with staff recommended conditions; seconded by Dulaney. The motion passed unanimously. VI. OTHER BUSINESS A. Committee Reports • Traffic Commission Report: No report. • Other Committees: No reports. • Staff Comments: Fletcher stated that Staff is working on the overlay district provisions for Study Area 5. Staff will be requesting a workshop to present this information. Fletcher noted a workshop environment with discussion would be more helpful before placing the matter on a future agenda. Staff will invite Mr. Morgantown Planning Commission Page 3 of 4 February 13, 2020 Minutes DRAFT PC Meeting 9 of 45 March 12, 2020 Metheny and the Wiles Hill neighborhood working group to observe. Staff’s objective is to schedule the workshop following the Planning Commission’s March business meeting. VII. FOR THE GOOD OF THE COMMISSION: Stranko asked if the GIS coordinator has made any progress with the county regarding integrating the tax map information into the GIS plot viewer, we saw last month. Fletcher stated that there is a working group that includes several GIS stakeholders in the area including the county. Fletcher understands that the ultimate objective will be establishing a live connection between the Assessor’s data with the City’s web app. The web app will be launched next week. The City learned the County does not have the correct software licensing to establish the live link, but the County is working to upgrade their software. In the interim, Marvin Davis, City GIS Analyst is working with the County to include the City’s zoning data on the County Assessor’s parcel viewer website. Stranko also discussed code revisions for sidewalk development which is on the City Attorney’s desk. Is there any progress on that? Fletcher stated that he will check with him. Fletcher noted that he and City Engineer Damien Davis made a presentation to City Council at last month’s Committee of the Whole meeting to make sure City Council was generally comfortable with the concept. Stranko also asked about the GIS Analyst progress and asked if there was money in the budget for this. Fletcher noted that it is a work in progress and that he is unsure of the budget, but that it should be presented to City Council next month. VIII. ADJOURNMENT: 7:02 PM MINUTES APPROVED: COMMISSION SECRETARY: _____________________________ Christopher M. Fletcher, AICP Morgantown Planning Commission Page 4 of 4 February 13, 2020 Minutes DRAFT PC Meeting 10 of 45 March 12, 2020 Intentional Blank Page PC Meeting 11 of 45 March 12, 2020 Intentional Blank Page PC Meeting 12 of 45 March 12, 2020 MORGANTOWN PLANNING COMMISSION March 12, 2020 6:30 p.m. Council Chambers President: STAFF REPORT Peter DeMasters, 6th Ward Vice-President: CASE NO: RZ20-02 / Ronald McDonald House Charities / 841 Country Club Drive Carol Pyles, 7th Ward REQUEST and LOCATION: Planning Commissioners: Request by Paul Cali of DRS Architects on behalf of Ronald McDonald House Charities Sam Loretta, 1st Ward of Morgantown, Inc. for a Zoning Map Amendment to reclassify property addressed as Tim Stranko, 2nd Ward 841 Country Club Drive from R-1, Single-Family Residential District and R-3, Multi-Family William Blosser, 3rd Ward Residential District to B-2, Service Business District. Bill Petros, 4th Ward TAX MAP NUMBER(s) and ZONING DESCRIPTION: Michael Shuman, 5th Ward Ronald Dulaney, City Council Tax District 15, Tax Map 11, Parcels 90 and 91, R-3, Multi-Family Residential District; Part of Tax Map 12, Parcel 1.1, R-1, Single-Family Residential District AJ Hammond, City Admin. SURROUNDING ZONING: North: B-2, Service Business District and R-3, Multi-Family Residential District East and South: R-1, Single-Family Residential District (WVU) and R-3, Multi-Family Residential District West: R-3, Multi-Family Residential District BACKGROUND: The petitioner seeks to amend the zoning map by changing the zoning classification for the subject premises from R-3 and R-1 to B-2. This zoning map amendment would permit Ronald McDonald House Charities to pursue a significant addition and expansion of parking to their existing facility. Addendum A of this report identifies the location of the subject site and illustrates the existing and proposed zoning and property ownership for the subject premises and immediate area. The land use classification for the Ronald McDonald House is “Hotel,” which is not permitted in either the R-1 or R-3 zoning districts (see image below). Accordingly, this “Hotel” use is considered nonconforming and may continue until abandoned. However, nonconforming uses are not permitted to be expanded under Section 1373.05(C) of the Development Services City’s Planning and Zoning Code. Department Christopher Fletcher, AICP Director John Whitmore, AICP Senior Planner The premises included in the proposed zoning reclassification includes realty owned by Ronald McDonald House Charities and WVU. The zoning classification for the petitioner’s Planning Division realty is R-3 while the zoning classifications for the WVU realty is R-3 and R-1. Staff has 389 Spruce Street confirmed with WVU that Ronald McDonald House Charities has a long-term land lease Morgantown, WV 26505 304.284.7431 for that portion of the development site situated on WVU realty. Page 1 of 5 PC Meeting 13 of 45 March 12, 2020 MORGANTOWN PLANNING COMMISSION March 12, 2020 6:30 p.m. Council Chambers President: According to the Ronald McDonald House’s website [https://rmhcpgh-mgtn.org/family- Peter DeMasters, 6th Ward services/morgantown-house/], the facility opened in 1990, provides 16 single-family sleeping rooms, and serves 450 families who stay at the facility each year and many more through Vice-President: their day guest services. Carol Pyles, 7th Ward WVU’s Rosenbaum Family House is situated next to the Ronald McDonald House facility Planning Commissioners: and similarly provides housing services for patients receiving local medical care and their Sam Loretta, 1st Ward families and caregivers. Tim Stranko, 2nd Ward Staff believes the proposed zoning map amendment would be considered a permitted William Blosser, 3rd Ward map amendment and not “spot zoning” because the subject area adjoins the B-2 zoning Bill Petros, 4th Ward district. Accordingly, the proposed zoning map amendment would be a boundary Michael Shuman, 5th Ward adjustment of the B-2 zoning district. Ronald Dulaney, City Council ANALYSIS: AJ Hammond, City Admin. The subject premises are situated at the end of County Club Drive and is nearly surrounded by WVU’s medical and law school campuses and Milan Puskar Stadium. The residential neighborhood to the west and southwest accessed from University Avenue by Oakland Street, Harding Avenue, and Inglewood Boulevard is predominantly rental housing ranging from a few converted single-family homes to several townhouse, garden apartment, and low-mid apartment buildings. As illustrated in Addendum A, there is also a significant amount of surface parking along and at the end of Oakland Street. The following image illustrates the two principal buildings at the end of Oakland Street. The Ronald McDonald House is located on the right and the garden apartment building (842 Country Club Drive) on the left is owned by JDLMP, LLC (Prete Rental). JDLMP, LLC Development Services Department Christopher Fletcher, AICP Director As Addendum A illustrates, the petitioner’s proposed zoning map amendment would leave John Whitmore, AICP the two (2) parcels that compose the 842 Country Club Drive garden apartment site as the Senior Planner only R-3 classified property between Inglewood Boulevard and the end of Country Club Drive. It appears prudent to include Parcels 88 and 89 of Tax Map 11 in Tax District 15 in Planning Division the area that would be reclassified to B-2. 389 Spruce Street Morgantown, WV 26505 Staff has been in contact with Robert Morgano, primary representative of JDLMP, LLC 304.284.7431 and received confirmation that they are in support of including the 842 Country Club Drive Page 2 of 5 PC Meeting 14 of 45 March 12, 2020 MORGANTOWN PLANNING COMMISSION March 12, 2020 6:30 p.m. Council Chambers President: parcels with the Ronald McDonald House request to change the zoning classification to Peter DeMasters, 6th Ward B-2 [see letter of supported dated 02 MAR 2020 following petitioner’s application]. Vice-President: Addendum B of this report provides Article 1347 “B-2, Service Business District” and Table Carol Pyles, 7th Ward 1331.05.01 “Permitted Land Uses” of the Planning and Zoning Code. It is included as a resource to understand the density, intensity, and land uses permitted in the B-2 District. Planning Commissioners: Sam Loretta, 1st Ward Comprehensive Plan Concurrence Tim Stranko, 2nd Ward As recommended in Chapter 9 “Implementation” of the 2013 Comprehensive Plan Update, rd William Blosser, 3 Ward Addendum C of this report identifies how the proposed zoning map amendment relates to the Comp Plan’s land management intent, location, and pattern and character principles. Bill Petros, 4th Ward Michael Shuman, 5th Ward It should be noted that “shall” statements within the Comp Plan must be understood as Ronald Dulaney, City Council desired objectives and strategies that do not have the force or effect of law unless incorporated into the City’s Planning and Zoning Code. AJ Hammond, City Admin. The Ronald McDonald House premises and the 842 Country Club Drive garden apartment site are located within the “Infill and Redevelopment” growth framework and land management concept areas. The following image provides the description of this land management concept area. Although extraneous to the land use and land development considerations by the Planning Commission for this zoning map amendment, the petitioner’s desire to pursue a significant addition to the existing building and provide additional on-site parking demonstrates a desire to increase utilization of the subject premises. Additionally, including the 842 Country Club Drive site in this zoning map amendment to B-2 provides greater flexibility for the existing building and the site to be utilized differently or redeveloped if the property owner determines doing so would be advantageous. It appears the requested zoning classification change for the Ronald McDonald House Development Services premises and the inclusion of the 842 Country Club Drive garden apartment site from R- Department 1 and R-3, to B-2 is in concurrence with the Comp Plan’s principals for infill and Christopher Fletcher, AICP redevelopment land management objectives and furthers the following plan Director implementation strategies: John Whitmore, AICP • LM 2.1 ....... Identify and prioritize sites for infill and redevelopment. Senior Planner • LM 4.3 ....... Revise zoning regulations to permit mixed-use development at appropriate scales in various zoning districts. Planning Division 389 Spruce Street Morgantown, WV 26505 • LM 5.2 ....... Permit higher density development in areas that are well-supported by existing 304.284.7431 or planned transportation infrastructure or transit services. Page 3 of 5 PC Meeting 15 of 45 March 12, 2020 MORGANTOWN PLANNING COMMISSION March 12, 2020 6:30 p.m. Council Chambers President: • NH 1.2 ....... Pursue zoning map amendments where appropriate to address potential Peter DeMasters, 6th Ward zoning conflicts in residential areas both to preserve existing residential areas where appropriate or promote infill and redevelopment. Vice-President: Carol Pyles, 7th Ward • NH1.3 ........ Evaluate zoning to ensure that it promotes rehabilitation or adaptive reuse of existing buildings, and context-sensitive construction of dwelling units on infill lots. [842 Country Club Drive parcels] Planning Commissioners: Sam Loretta, 1st Ward • ED 5.7 ....... Pursue zoning map amendments where appropriate to address potential Tim Stranko, 2nd Ward zoning conflicts and promote non-residential infill and redevelopment in William Blosser, 3rd Ward appropriate areas. Bill Petros, 4th Ward Staff encourages the Planning Commission to review the Comp Plan for guidance as Michael Shuman, 5th Ward Addendum C is not intended to represent a complete comparative assessment. Ronald Dulaney, City Council AJ Hammond, City Admin. 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, Service Business District is the appropriate zoning classification for the petitioner’s development premises, 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 the Ronald McDonald House premises, which includes realty owned by the petitioner and WVU, to B-2, Service Business District as well as including the 842 Country Club Drive parcels in this zoning map amendment is supported by the intent, location, pattern and character goals and land management objectives set forth in the 2013 Comprehensive Plan Update. As such, Staff respectfully advises the Planning Commission to forward a recommendation to City Council as follows: 1. Reclassify Parcel 91, Tax Map 11, Tax District 15, which is owned by Ronald Development Services McDonald House Charities of Morgantown, Inc., from R-3 to B-2; Department Christopher Fletcher, AICP 2. Reclassify Parcel 90, Tax Map 11, Tax District 15, which is owned by West Virginia Director Board of Governors, from R-3 to B-2; John Whitmore, AICP 3. Reclassify that portion of Parcel 1.1, Tax Map 12, Tax District 12, which is owned Senior Planner by West Virginia Board of Governors, from R-1 to B-2 as generally illustrated in the image below; and, Planning Division 389 Spruce Street 4. Reclassify Parcels 88 and 89, Tax Map 11, Tax District 15, which is owned by Morgantown, WV 26505 304.284.7431 JDLMP, LLC, from R-3 to B-2. Page 4 of 5 PC Meeting 16 of 45 March 12, 2020 MORGANTOWN PLANNING COMMISSION March 12, 2020 6:30 p.m. Council Chambers President: The following image illustrates this recommendation. 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. Area recommended to be reclassified to B-2 zoning Development Services Department Christopher Fletcher, AICP Director John Whitmore, AICP Senior Planner Planning Division 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 5 of 5 PC Meeting 17 of 45 March 12, 2020 STAFF REPORT ADDENDUM A RZ20-02 / Ronald McDonald House Charities / 841 Country Club Drive Staff Report Addendum A Page 1 of 2 RZ20-02 PC Meeting 18 of 45 March 12, 2020 STAFF REPORT ADDENDUM A RZ20-02 / Ronald McDonald House Charities / 841 Country Club Drive B-2 R-1 A B R-3 C Parcel Label Parcel ID Owner of Record Tax District 15 A Tax Map 11 Ronald McDonald House Charities of Morgantown, Inc. Parcel 91 Tax District 15 B Tax Map 11 WVU Board of Governors Parcel 90 Tax District 12 C Tax Map 12 WVU Board of Governors Parcel 1.1 Generally, the area where Parcels 88 and 89, Tax Map 11, Tax a zoning map amendment District 15 owned by JDLMP, LLC. request from R-1 and R-3 Including these parcels as a part of to B-2 is requested. the requested zoning map amendment appears prudent. Staff Report Addendum A Page 2 of 2 RZ20-02 PC Meeting 19 of 45 March 12, 2020 STAFF REPORT ADDENDUM B RZ20-02 / Ronald McDonald House Charities / 841 Country Club Drive Staff Report Addendum B Page 1 of 10 RZ20-02 PC Meeting 20 of 45 March 12, 2020 STAFF REPORT ADDENDUM B RZ20-02 / Ronald McDonald House Charities / 841 Country Club Drive Staff Report Addendum B Page 2 of 10 RZ20-02 PC Meeting 21 of 45 March 12, 2020 STAFF REPORT ADDENDUM B RZ20-02 / Ronald McDonald House Charities / 841 Country Club Drive Staff Report Addendum B Page 3 of 10 RZ20-02 PC Meeting 22 of 45 March 12, 2020 STAFF REPORT ADDENDUM B RZ20-02 / Ronald McDonald House Charities / 841 Country Club Drive Staff Report Addendum B Page 4 of 10 RZ20-02 PC Meeting 23 of 45 March 12, 2020 STAFF REPORT ADDENDUM B RZ20-02 / Ronald McDonald House Charities / 841 Country Club Drive Staff Report Addendum B Page 5 of 10 RZ20-02 PC Meeting 24 of 45 March 12, 2020 STAFF REPORT ADDENDUM B RZ20-02 / Ronald McDonald House Charities / 841 Country Club Drive Staff Report Addendum B Page 6 of 10 RZ20-02 PC Meeting 25 of 45 March 12, 2020 STAFF REPORT ADDENDUM B RZ20-02 / Ronald McDonald House Charities / 841 Country Club Drive Staff Report Addendum B Page 7 of 10 RZ20-02 PC Meeting 26 of 45 March 12, 2020 STAFF REPORT ADDENDUM B RZ20-02 / Ronald McDonald House Charities / 841 Country Club Drive Staff Report Addendum B Page 8 of 10 RZ20-02 PC Meeting 27 of 45 March 12, 2020 STAFF REPORT ADDENDUM B RZ20-02 / Ronald McDonald House Charities / 841 Country Club Drive Staff Report Addendum B Page 9 of 10 RZ20-02 PC Meeting 28 of 45 March 12, 2020 STAFF REPORT ADDENDUM B RZ20-02 / Ronald McDonald House Charities / 841 Country Club Drive Staff Report Addendum B Page 10 of 10 RZ20-02 PC Meeting 29 of 45 March 12, 2020 STAFF REPORT ADDENDUM C RZ20-02 / Ronald McDonald House Charities / 841 Country Club Drive 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 premises are located within the Land Management Concept Area “Infill and Redevelopment.” More intense residential, nonresidential, and/or mixed-use development of the subject premises appears to be consistent with the surrounding multi-family, institutional, and major athletic facility development patterns. Although extraneous, the zoning amendment would address a longstanding nonconforming “hotel” use and permit its expansion to accommodate an increase in clients anticipated with the expansion of WVU Children’s Hospital. The proposed addition to the Ronald McDonald House would permit a greater utilization of the premises, which is partially owned by WVU and partially owned by Ronald McDonald House. 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 premises are within the urban area, at the edge of WVU’s hospital campus and football stadium 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 premises are not located within or adjacent to the central business district, it is situated adjacent to and harmonious with the medical facilities it supports. Principal 4 Existing neighborhoods throughout the city will be ☒ Concurrence maintained and/or enhanced. ☐ Inconsistent ☐ N/A or Inconclusive The zoning reclassification of the subject premises to B-2 will not adversely impact or present incompatible uses or development densities and intensities to residential neighborhoods. Staff Report Addendum C Page 1 of 6 RZ20-02 PC Meeting 30 of 45 March 12, 2020 STAFF REPORT ADDENDUM C RZ20-02 / Ronald McDonald House Charities / 841 Country Club Drive 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 permitted in the B-2 District. The opportunity of more intense residential, nonresidential, and/or mixed-use development of the subject premises appears to be consistent with the surrounding multi-family, institutional, and major athletic facility development patterns. 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 The reclassification of that portion of the premises currently zoned R-3 to B-2 does not appear to advance more diverse housing types. Specifically, single-family and two-family dwellings would no longer be a permitted residential development. However, B-2 permitted residential development is more diverse than single- and two- family residential districts. That portion of the premises zoned R-1, which is owned by WVU, would, if privately owned, include more diverse residential development patterns under the B-2 zoning classification. 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. Staff Report Addendum C Page 2 of 6 RZ20-02 PC Meeting 31 of 45 March 12, 2020 STAFF REPORT ADDENDUM C RZ20-02 / Ronald McDonald House Charities / 841 Country Club Drive 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 Ronald McDonald House premises is located within an “Infill and Redevelopment” concept area. Milan Puskar Stadium WVU Law School Staff Report Addendum C Page 3 of 6 RZ20-02 PC Meeting 32 of 45 March 12, 2020 STAFF REPORT ADDENDUM C RZ20-02 / Ronald McDonald House Charities / 841 Country Club Drive 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 Ronald McDonald House premises is located within the “University” and “Neighborhood Corridor” pattern and character areas. The graphic to the right is clipped from Map 4 – Land Management included on Page 39 of the the 2013 Comprehensive Plan Update. The Ronald McDonald House premises is located within the “Infill and Redevelopment” and “WVU Campus Development” concept areas. Staff Report Addendum C Page 4 of 6 RZ20-02 PC Meeting 33 of 45 March 12, 2020 STAFF REPORT ADDENDUM C RZ20-02 / Ronald McDonald House Charities / 841 Country Club Drive The following graphics are clipped from Pages 41 through 43 of the 2013 Comprehensive Plan Update and identify the development types desired within the “Infill and Redevelopment” and/or “WVU Campus Development” concept areas. Not all develpoment types are permitted in both concept areas. Staff Report Addendum C Page 5 of 6 RZ20-02 PC Meeting 34 of 45 March 12, 2020 STAFF REPORT ADDENDUM C RZ20-02 / Ronald McDonald House Charities / 841 Country Club Drive Staff Report Addendum C Page 6 of 6 RZ20-02 PC Meeting 35 of 45 March 12, 2020 PC Meeting 36 of 45 March 12, 2020 JDLMP LLC PO BOX 4205 Morgantown, WV 26505 March 2, 2020 Chris Fletcher Director of Development Services 389 Spruce Street, Room 12 Morgantown, WV 26505 Mr. Fletcher, This email is to inform you that we are in support of changing the zoning classification of the two parcels of land we own located on Tax Map 110, district 15 parcels 88&89 associated with 842 Country Club Drive from R-3 to B-2. Please let us know if you require anything else for us to make this happen. Sincerely, Robert Morgano JDLMP LLC PC Meeting 37 of 45 March 12, 2020 Intentional Blank Page PC Meeting 38 of 45 March 12, 2020 MORGANTOWN PLANNING COMMISSION December 12, 2019 6:30 p.m. City Council Chambers President: STAFF REPORT Peter DeMasters, 6th Ward CASE NO: MNS20-03 / Fizer / 679 Westview Avenue Vice-President: Carol Pyles, 7th Ward REQUEST and LOCATION: Planning Commissioners: Request by David A. Fizer, Executer of Dorothy M. Fizer Estate, for minor subdivision Sam Loretta, 1st Ward approval of property located at 679 Westview Avenue. Tim Stranko, 2nd Ward TAX MAP NUMBER (s) and ZONING DESCRIPTION: William Blosser, 3rd Ward Tax District 15, Tax Map 54, Parcel 153; 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 153 into two (2) parcels to create one new buildable lot. Addendum A of this report illustrates the location of the subject site. Parcel 153 includes all of Lots 24 and 25 of the Flats Terrace Addition subdivision. According to the preliminary plat prepared by Paul D. Harbert, PS, each of the proposed parcels will have 100 feet of frontage along Westview Avenue, which exceeds the R-1 District minimum lot frontage standard of 70 feet. Each of the parcels will have a depth of 115.23 feet, resulting in an equal area of 11,516.21 square feet, which exceeds the R-1 District minimum lot area standard of 7,200 square feet. The boundary that will separate the two proposed parcels will be located between 18.55 feet [northeast corner] feet and 19.55 feet [southeast] from the existing house, which will Development Services meet the minimum interior side setback standard of 10 feet in the R-1 District. Christopher Fletcher, AICP Director John Whitmore, AICP Senior Planner Planning Division 389 Spruce Street Morgantown, WV 26505 A copy of the subdivision plat and metes and bounds description is attached to the 304.284.7431 petitioner’s minor subdivision application. Page 1 of 2 PC Meeting 39 of 45 March 12, 2020 MORGANTOWN PLANNING COMMISSION December 12, 2019 6:30 p.m. City Council Chambers President: STAFF RECOMMENDATION: Peter DeMasters, 6th Ward Staff recommends approval of the subdivision with the following conditions: Vice-President: 1. That the petitioner submits at least three (3) original final plat documents, including Carol Pyles, 7th Ward all access/utility easements, signed and sealed by a surveyor licensed in the State of West Virginia for the Planning Commission President’s signature; and, Planning Commissioners: Sam Loretta, 1st Ward 2. That the final plat is recorded at the Monongalia County Courthouse within thirty nd Tim Stranko, 2 Ward (30) days of receiving the executed plat. William Blosser, 3rd Ward Bill Petros, 4th Ward Michael Shuman, 5th Ward Ronald Dulaney, City Council Enclosure: Application and accompanying exhibits 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 2 of 2 PC Meeting 40 of 45 March 12, 2020 STAFF REPORT ADDENDUM A MNS20-03 / Fizer / 679 Westview Avenue Staff Report Addendum A Page 1 of 1 MNS20-03 PC Meeting 41 of 45 March 12, 2020 PC Meeting 42 of 45 March 12, 2020 PC Meeting 44 of 45 March 12, 2020 PC Meeting 45 of 45 March 12, 2020

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