Planning Commission

Morgantown Planning Commission REGULAR MEETING PACKET Thursday, December 10, 2020 6:30 p.m. By Electronic Means 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 John Whitmore, Interim Director PC Meeting Page 1 of 56 December 10, 2020  Planning Commission Electronic Means Meeting Announcement Confirming Member Access: As a preliminary matter, this is Morgantown Planning Commission President Peter DeMasters. Permit me to confirm that all Planning Commissioners and persons anticipated on the agenda are present and can hear me. • Planning Commissioners, when I call your name, please respond in the affirmative. State each members’ name: - Vice-President Carol Pyles - Commissioner Bill Petros - Commissioner Sam Loretta - Commissioner Michael Shuman - Commissioner Tim Stranko - Council Member Ronald Dulaney - Commissioner William Blosser - Commissioner AJ Hammond • Staff, when I call your name, please respond in the affirmative. State each staff members’ name: - Chris Fletcher, Director of Development Services Introduction to Electronic Means Meeting: Good Evening. This meeting of the Morgantown Planning Commission is being conducted by electronic means consistent with the West Virginia Open Governmental Proceedings Act and the guidance of the West Virginia Ethics Commission due to the current State of Emergency given the outbreak of COVID-19. In order to mitigate the transmission of the virus and reduce risk of COVID-19 illness, we have been advised and directed to suspend public gatherings. In keeping with that direction, and the authority provided by the Open Governmental Proceedings Act and the Ethics Commission guidance allowing the conduct of public meetings by electronic means so long as the public is able to observe the meeting, this meeting is being conducted by remote electronic participation and in-person attendance by the public is not permitted. This meeting will include a public comment portion concerning matters not on the agenda and public hearings for each of the cases listing on this evening’s agenda. Members of the public will be permitted to comment during these portions by submitting comments in writing or by speaking during their designated time, if they have signed up to do so prior to the start of the meeting. Even if members of the public do not provide comment, participants are advised that people may be listening who do not provide comment, and those persons are not required to identify themselves. For this meeting, the Planning Commission is convening by Cisco Webex video and telephone conference as posted on the City’s Website identifying how the public may join. Please note that this meeting is being recorded, and that some attendees are participating by video conference. PC Meeting Page 2 of 56 December 10, 2020  Planning Commission Electronic Means Meeting Announcement Accordingly, please be aware that other people may be able to see you and your video feed, and that you take care not to “screen share” your computer. Anything that you broadcast may be captured by the recording. All supporting materials that have been provided members of this body are available on the City’s website with the Planning Commission meeting packet unless otherwise noted. The public is encouraged to follow along using the posted agenda. Meeting Business Ground Rules Before we turn to the first item on the agenda, permit me to cover some ground rules for effective and clear conduct of our business and to ensure accurate meeting minutes. • Please remember to mute your phone or computer when you are not speaking. • Please remember to wait to be recognized by the President before speaking and to speak clearly and in a way that helps generate accurate minutes. • For any response, please wait until the President yields the floor to you and state your name before speaking. • If Planning Commissioners wish to engage in colloquy with other members, please do so through the President, taking care to identify yourself. 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. I will first read, or have read, all written comments submitted, and will then review the list of public commenters who have signed up by the meeting start time. Once I have a list of all public commentators, I will call on each by name. All speakers will be limited to five (5) minutes. If members of the Planning Commission have any questions of the speaker, that time will not be counted toward the speaker’s five (5) minutes. Public speakers must state their name and address for the record. 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. To ensure an accurate record and to aid the preparation of meeting minutes, presenters and Planning Commissioners must first be recognized by the President and state your name before proceeding. PC Meeting Page 3 of 56 December 10, 2020  Planning Commission Electronic Means Meeting Announcement (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) I will first read, or have read, all written comments submitted, and will then review the list of public commenters who have signed up by the meeting start time. (b) Once I have a list of all public commentators, I will call on each by name. All speakers will be limited to five (5) minutes. If members of the Planning Commission have any questions of the speaker, that time will not be counted toward the speaker’s five (5) minutes. (c) Public speakers must state their name and address for the record. 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. (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 first be recognized by the President and identify themselves once again before answering. (8) Next, the Planning Commission will discuss and take action on the application. (9) Because this public meeting is being conducted by remote electronic participation and to ensure accurate meeting minutes each vote taken during this meeting will be conducted by roll call vote. (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. PC Meeting Page 4 of 56 December 10, 2020  MORGANTOWN PLANNING COMMISSION December 10, 2020 6:30 p.m. By Electronic Means President: City buildings remain partially closed to the public to protect public health during the Peter DeMasters, 6th Ward COVID-19 pandemic. Personal attendance at this meeting will not be permitted. The public may participate in the public portions through the following Cisco WebEx Vice-President: videoconference access methods: Carol Pyles, 7th Ward Meeting Link: https://cityofmorgantown.my.webex.com/meet/cityofmorgantown Planning Commissioners: Meeting Number: 793 734 477 Sam Loretta, 1st Ward Phone: 408-418-9388 Tim Stranko, 2nd Ward Access Code: 793 734 477 William Blosser, 3rd Ward Bill Petros, 4th Ward All members of the public may view the meeting on Channel 15 and by streaming hosted Michael Shuman, 5 Ward th on the City’s website at www.morgantownwv.gov. If you do not wish to speak at the meeting, please view it by these methods to conserve capacity on the videoconference. Ronald Dulaney, City Council AJ Hammond, City Admin. Any person wishing to speak at the meeting may sign up by completing the form available at https://www.morgantownwv.gov/FormCenter/Public-Comment-Sign-Up-Sheet- 14/Public-Comment-Morgantown-Planning-Commi-111. Another option to speak during a public comment portion is by providing their name, phone number they will use to participate, and the specific Case Number and/or General Public Comments listed on the Planning Commission’s agenda on which they would like to speak by texting or calling 304-685-7813. You may sign up to speak at any time until the meeting begins. If you need an Additionally, the public may submit written comments for the public hearing portions of the accommodation, meeting by sending an email to the Development Services Department at please contact bmcdonald@morgantownwv.gov. In the email, please use the subject line "Public 304-284-7431 or Comment PC 12/10/2020" and indicate in the body of the email the specific Case Number TDD 304-284-7512 you wish to address and if you would like your comment to be read aloud during the public hearing portion for that case. AGENDA I. CALL TO ORDER AND ROLL CALL II. GENERAL PUBLIC COMMENTS – concerning matters not on the agenda III. MATTERS OF BUSINESS Development Services A. Approval of the November 12, 2020 minutes. John Whitmore, AICP Interim Director IV. UNFINISHED BUSINESS: A. TX20-04 / Bucklew / Permitted Land Uses: Request by Robert 389 Spruce Street Morgantown, WV 26505 Bucklew for Zoning Text Amendments to Articles 1329.02, 1331.05.01, 304.284.7431 and 1331.06(13), allowing “Video Gaming / Lottery Establishment” uses in the B-2, Service Business District. V. NEW BUSINESS: Page 1 of 2 PC Meeting Page 5 of 56 December 10, 2020  MORGANTOWN PLANNING COMMISSION December 10, 2020 6:30 p.m. By Electronic Means President: A. RZ20-05 / Bruceton Farm Service, Inc. / Unit Block of Brookhaven Peter DeMasters, 6th Ward Road: Request by Howard Goodstein on behalf of Bruceton Farm Service, Inc. for a Zoning Map Amendment to reclassify multiple Vice-President: properties in the unit block of Brookhaven Road from R-1, Single- Carol Pyles, 7th Ward Family Residential District to B-2, Service Business District. Tax District 14, Tax Map 45, Parcels 5.2, 6, 7, and 7.4, R-1, Single-Family Planning Commissioners: Residential District. Sam Loretta, 1st Ward B. MNS20-14 / Castle Ventures III, LLC and Morgantown Chamber of Tim Stranko, 2nd Ward Commerce / 1029 University Avenue: Request by Brian Gallagher of William Blosser, 3rd Ward Steptoe and Johnson on behalf of Castle Ventures III, LLC and the Bill Petros, 4th Ward Morgantown Area Chamber of Commerce for minor subdivision approval of property located at 1029 University Avenue. Tax District 11, Michael Shuman, 5th Ward Tax Map 28A, Parcel 5; B-4, General Business District. Ronald Dulaney, City Council AJ Hammond, City Admin. VI. OTHER BUSINESS A. Committee Reports • Traffic Commission • Other Committees If you need an B. Staff Comments accommodation, please contact VI. FOR THE GOOD OF THE COMMISSION 304-284-7431 or TDD 304-284-7512 VII. ADJOURNMENT Development Services John Whitmore, AICP Interim Director 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 2 of 2 PC Meeting Page 6 of 56 December 10, 2020  Intentional Blank Page PC Meeting Page 7 of 56 December 10, 2020  MORGANTOWN PLANNING COMMISSION MINUTES 6:30 p.m. November 12, 2020 By Electronic Means COMMISSIONERS PRESENT: Peter DeMasters, Carol Pyles, Tim Stranko, William Blosser, Bill Petros, Ronald Dulaney, Michael Shuman, AJ Hammond, Sam Loretta. COMMISSIONERS ABSENT: None STAFF PRESENT: John Whitmore, AICP I. CALL TO ORDER/ROLL CALL: DeMasters called the meeting to order at 6:30 p.m. DeMasters asked if anyone objected to reading the pre-meeting announcement since it is included in the packet. No objections. Whitmore noted that no members of the public had signed up to speak. II. MATTERS OF BUSINESS: A. Approval of the October 8, 2020 meeting minutes. Blosser made a motion to approve as presented, Petros seconded. Shuman, Loretta, Pyles and Hammond abstained. The motion carried. B. Approval of the 2021 calendar. Whitmore noted this continuation of the standard operation practice. Demasters commented that if situations arise, they will be dealt with them as they come up. III. UNFINISHED BUSINESS: A. TX20-04 / Bucklew / Permitted Land Uses: Request by Robert Bucklew for Zoning Text Amendments to Articles 1329.02, 1331.05.01, and 1331.06(13), allowing “Video Gaming / Lottery Establishment” uses in the B-2, Service Business District. Whitmore noted that the applicant was not present and asked the Committee if they would like to table or take off the agenda. The applicant has been notified that they needed to be present. Whitmore noted that Mr. Berryman stated he would probably not be at tonight’s meeting. Demasters asked for a motion to remove from the table and notify the petitioner. Motion made by Shuman, seconded by Blosser. Motion passed unanimously. Motion made to table. Motion made by Shuman, seconded by Blosser. Motion passed unanimously. IV. NEW BUSINESS: Morgantown Planning Commission Page 1 of 5 November 12, 2020 Minutes DRAFT PC Meeting Page 8 of 56 December 10, 2020  A. MNS20-11 / HardyWorld, LLC / 1000-1100 Block of University Avenue: Request by Terry McMillen Sr. of McMillen Engineering, Inc. on behalf of HardyWorld, LLC for minor subdivision approval of property located at the 1000-1100 Block of University Avenue. Tax District 11, Tax Map 28A, Parcels 27, 29, 30, and 31; B-4, General Business District. Whitmore presented the staff report and noted that the petitioner was present. Ron Herrington, a representative of McMillen Engineering was present and confirmed the items the staff report. Demasters noted that the request meets all requirements, but the commission needs to follow this procedure. Demasters asked if there was anyone from the public that would like to speak in favor or opposition. Being none noted, Demasters asked for the Staff Recommendation, provide by Whitmore Demasters asked for discussion. Blosser motioned to approve, Hammond seconded. The vote to approve the subdivision was unanimous. B. S20-09-III / HardyWorld, LLC / 1000-1100 Block of University Avenue: Request by Ron Herrington of McMillen Engineering, Inc. on behalf of Hardy World, LLC for Development of Significant Impact Type III Site Plan Approval for property located in the 1000 -1100 Block of University Avenue. Tax District 11, Tax Map 28A, Parcels 27, 29, 30, and 31; B-4, General Business District. Whitmore presented the staff report and noted that a representative of McMillen Engineering was present. Whitmore also recommended downloading the pdf of the packet as the file was very large. Ron Herrington with McMillen Engineering stated that representatives from the engineering firm, architect firm, landowners and Hardy World were on the phone unable to get unmuted. Cheri Bomar of Hardy World stated that their intent is to provide a mixed-use development that would serve pedestrian customers and in addition, a tenant that is a national coffeehouse is ready to sign pending approval. Bomar indicated that the development team is positive they can make this successful and something the City would be proud of. Demasters asked the petitioner questions regarding square footage. Petitioner confirmed first floor is 7,412 square feet in area and the second floor 7,124 square feet in area. Setbacks were discussed. Demasters asked for confirmation for minimum parking space, Whitmore confirmed the development would provide the minimum number of required parking spaces for the associated land-uses. Loretta wanted confirmation that this is a single structure project. Petitioner confirmed that this is correct. Petitioner confirmed that on the Chestnut Street side it the building appears as a one-story building, but two story on the other side. Whitmore stated that frontage is established for University Avenue which has higher traffic with the main frontage being there. Morgantown Planning Commission Page 2 of 5 November 12, 2020 Minutes DRAFT PC Meeting Page 9 of 56 December 10, 2020  Stranko stated that he thinks that the Commission should allow the Developer to choose the frontage, and University Avenue makes more sense. Dulaney asked if the Commission wanted the downtown to be pedestrian targeted or vehicular targeted. Dulaney thinks that Lorretta has a fair question regarding this. Demasters noted that the first-floor spaces are commercial spaces and second floor would be tenant spaces. This being stated, it seems like the University frontage is more beneficial for the petitioner. Dulaney still expressed concerns regarding the frontage stating zoning. Demasters compared this site to the Sheetz stating the pedestrian traffic there is more than vehicular traffic during the lunch hour. Hammond stated that currently this is a gravel lot with no pedestrians. With this development, pedestrian footage will definitely be increased. The petitioner stated that they are working hard to develop the pedestrian traffic in this area. Stranko asked for clarification on what view the pedestrians would enjoy seeing. Loren Wright stated that the view would be great on all sides with landscaping etc. Whitmore added that lighting plans are located on page 4C of the site plan. Dulaney questioned page 7 of the drawing of the street view and asked if this is an accurate rendition. It was confirmed that there is a landscape strip between the sidewalk on the Chestnut Street side. On the curb street side the sidewalk goes straight into the site. Loretta asked if there needs to be a variance for the one story on the Chestnut Street side. Whitmore noted that a variance is not required in this case as this is a two story building but has site features that make the structure appear to be one-story tall when viewed from Chestnut Street. Whitmore stated that the site would incorporate the retaining wall for the drive through. Demasters confirmed that if we look at the street view on Chestnut it looks like one story, but that there would be a pedestrian bridge over the drive through area. Petros wanted confirmation regarding traffic issues with the drive through. The developer confirmed that there is signage not allowing a left hand turn off of University Avenue. A right turn would allow room for twelve to fourteen cars in the drive through lane before it would back out onto Kirk Street which is all included in the traffic study. Petros confirmed that this answered his question as long as traffic is not impeded. Stranko mentioned that with cases like this the City Engineer should be present. Demasters opened the public hearing and asked if there were any comments from the public in favor or opposition. Being none, he asked for Staff Recommendation provided by Whitmore. Hammond noted he thinks this is positive for downtown. Stranko noted that this is a positive for an unused portion of downtown property. Loretta confirmed it will improve the appearance of the city. Mr. Shuman stated that he likes the project and that he approves this and thinks everyone else should too. Morgantown Planning Commission Page 3 of 5 November 12, 2020 Minutes DRAFT PC Meeting Page 10 of 56 December 10, 2020  Dulaney doesn’t think this should be a slam dunk, but doesn’t think it fits with the downtown vision. He states that he will vote no, but will respect the decision of the body. Demasters states that he is currently the longest running member of the Planning Commission. He brought up a case from 2006 involving a skyscraper development on this site. Since that time we have had a gravel lot. He doesn’t believe that this is perfect, but it is acceptable and brings people to that site believing there will be a lot of pedestrian traffic. Demasters asked for questions for the Planner or motions. Stranko moved for approval based on subject to Staff Conditions. Shuman seconded. Motion passed 7-2 with Blosser and Dulaney voting in the negative. C. MNS20-12 / Hawkins / 305 Kenmore Street: Request by Susan Bell for minor subdivision approval of property located at 305 Kenmore Street. Tax District 15, Tax Map 10, Parcels 4 and 5; R-1, Single-Family Residential District. Whitmore presented the staff report and noted that staff is representing the petitioner. Demasters asked for questions for the planner. Being none, asked for any public in support or against. Being none, Demasters asked for the staff recommendation, provided by Whitmore. Stranko moved approve subject to staff recommendations. Blosser seconded. Motion passed unanimously. D. MNS20-13 / Elsie M. Miller Revocable Living Trust / 2737 University Avenue: Request by Michael Solomon on behalf of the Elsie M. Miller Revocable Living Trust for minor subdivision approval of property located at 2737 University Avenue. Tax District 12, Tax Map 11, Parcels 253 and 254; R-3, Multi-Family Residential District. Whitmore presented the staff report and noted Staff is representing the Petitioner. Demasters asked if there were any comments or questions for the Planner. Being none he asked for public comment in favor or opposition. Being none, closed the public hearing and asked for the staff recommendation. Shuman moved approve subject to staff recommendations. Pyles seconded. Motion passed unanimously. VI. OTHER BUSINESS A. Committee Reports: None. − Traffic Commission Report: None. − Other Committees: None. Morgantown Planning Commission Page 4 of 5 November 12, 2020 Minutes DRAFT PC Meeting Page 11 of 56 December 10, 2020  B. Staff Comments: Whitmore stated that the MMMPO will be assisting with a combined planning effort for the comprehensive plan. He stated that as soon as he has more information, he will share with the commission along with the annual report in mid-January. Whitmore reported that the Municipal Code is now a “Muni Code”. If a member of the commission would like a hard copy, please email Whitmore. Whitmore stated there is discussion to get away from paper and invest in tablets or some other means. VII. FOR THE GOOD OF THE COMMISSION Petros asked if there could be a hyperlink or something attached to the email meeting attachment to make it easier to access. Whitmore stated that we would be making a Dropbox group to make large documents available and have all of the meeting packet information available as well as including in an email. Motion to adjourn. VIII. ADJOURNMENT: 7:54 p.m. MINUTES APPROVED: COMMISSION SECRETARY: _____________________________ John Whitmore, AICP Morgantown Planning Commission Page 5 of 5 November 12, 2020 Minutes DRAFT PC Meeting Page 12 of 56 December 10, 2020  Intentional Blank Page PC Meeting Page 13 of 56 December 10, 2020  MORGANTOWN PLANNING COMMISSION October 8, 2020 6:30 p.m. By Electronic Means President: Peter DeMasters, 6th Ward CASE NO: TX20-04 / Bucklew / Permitted Land Uses Vice-President: Carol Pyles, 7th Ward REQUEST: Planning Commissioners: A request by Robert Bucklew to amend Sections 1329.02 and 1331.06(13) and Permitted Sam Loretta, 1st Ward Land Uses Table 1331.05.01 so that “Video Gaming or Lottery Establishment” uses are permitted either by-right or by conditional use approval in the B-2, Service Business Tim Stranko, 2nd Ward District. William Blosser, 3rd Ward Bill Petros, 4th Ward BACKGROUND: th Michael Shuman, 5 Ward The petitioner owns property commonly known as 100 East Brockway Street (Tax District Ronald Dulaney, City Council 10, Tax Map 35, Parcels 36, 37, and 38). This property was the location of the former “Buck’s AJ Hammond, City Admin. Place,” which was both a legal pre-existing nonconforming “Private Club” and “Video Gaming or Lottery Establishment” in addition to structure nonconformities. The principal building for “Buck’s Place” was destroyed by a fire on September 28, 2015. The subject property was not re-built in accordance with Article 1373 Nonconforming Provisions of the Planning and Zoning Code and the use for the property was abandoned. The petitioner seeks a text amendment to the Planning and Zoning Code Permitted Land Uses Table, to allow for “Video Gaming or Lottery Establishment” in the B-2, Service Business District. Currently, “Video Gaming or Lottery Establishment” uses are only permitted in the I-1, Industrial District and with the following supplemental conditions as provided in Section 1331.06(13): Development Services John Whitmore, AICP Interim Director 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 1 of 9 PC Meeting Page 14 of 56 December 10, 2020  MORGANTOWN PLANNING COMMISSION October 8, 2020 6:30 p.m. By Electronic Means President: The “Video Gaming or Lottery Establishment” use is defined in Section 1329.02 of the Peter DeMasters, 6th Ward Planning and Zoning Code thusly. 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. ANALYSIS: Limited Video Lottery West Virginia State Code Chapter 29, Article 22B Limited Video Lottery, provides requirements for the operation of The West Virginia Lottery’s Limited Video Lottery system. Limited Video Lottery is considered by the Development Services Department as the “Video Gaming or Lottery Establishment” use. Limited Video Lottery retailers are restricted state-wide to those locations that have a private club license (an establishment that sells liquor for on-premise consumption) or in limited instances a restaurant location that has at least forty-percent (40%) annual gross sales of non-intoxicating beer (also known as beer) of which eighty-percent (80%) is consumed on site [§29-22B-328(a)]. Any establishment that sells petroleum products in conjunction with other retail products that is not an Authorized West Virginia Truck Stop is not permitted to operate a Limited Video Lottery [§29-22B-328(b) and Legislative Rule Title 179 Series 5 as amended in 2017]. Development Services John Whitmore, AICP Limited Video Lottery retailers are permitted to install up to seven (7) Limited Video Lottery Interim Director machines as of 2017. The location of the machine is regulated to a separate room if persons under the age of twenty-one (21) are permitted into the establishment. ATM machines are not permitted to be in the same room as a Limited Video Lottery Machine. 389 Spruce Street Retailers are not permitted to provide incentives or advertising for patrons who only use Morgantown, WV 26505 304.284.7431 Limited Video Lottery machines on-site. A Limited Video Lottery machine is different than a traditional slot machine that one would experience at a casino. A Limited Video Lottery machine is functionally a graphic interface where the player selects games of chance that are regulated by a random number generator. Games include slot styled games of chance, card games, and Keno. A slot Page 2 of 9 PC Meeting Page 15 of 56 December 10, 2020  MORGANTOWN PLANNING COMMISSION October 8, 2020 6:30 p.m. By Electronic Means President: machine is typically a device that incorporates reels that move in a randomized setting. Peter DeMasters, 6th Ward Both machine types can use images, lights, and sounds to provide the patron with sensory Vice-President: stimulation in addition to the sensation from the act of gambling. Examples of both Carol Pyles, 7th Ward machines are provided below: Traditional Slot Machine Limited Video Lottery Machine 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. City of Morgantown Land-Uses Limited Video Lottery Retailers are required to sell certain types of alcohol for licensure. The City of Morgantown’s Planning and Zoning Code recognizes four (4) land uses that permit the sale and on-premise consumption of liquor or beer. These uses are “Private Club;” “Restaurant, Private Club;” “Restaurant, Private Wine;” and “Tavern.” These uses are defined below: Development Services John Whitmore, AICP Interim Director 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 3 of 9 PC Meeting Page 16 of 56 December 10, 2020  MORGANTOWN PLANNING COMMISSION October 8, 2020 6:30 p.m. By Electronic Means 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 The following land-use table shows which zoning districts these and “Video Gaming or Ronald Dulaney, City Council Lottery Establishment” uses are permitted in the City of Morgantown. AJ Hammond, City Admin. The following supplemental regulation is related to “Private Club” and Restaurant, Private Club uses: Development Services John Whitmore, AICP Supplemental Regulation 21 relates to “Warehousing/Distribution Facility” uses which may Interim Director be related to “Tavern” uses given the flexibility available to taverns: 389 Spruce Street Morgantown, WV 26505 304.284.7431 Supplemental Regulation 27 relates to nonconforming “Private Club” and “Restaurant Private Club” uses in the B-1, Neighborhood Business District and B-4, General Business District. Supplemental Regulation 28 relates to B-1, District development standards. Page 4 of 9 PC Meeting Page 17 of 56 December 10, 2020  MORGANTOWN PLANNING COMMISSION October 8, 2020 6:30 p.m. By Electronic Means President: It should be noted that these four (4) on-premise alcoholic beverage consumption uses Peter DeMasters, 6th Ward may also be associated with “Hotel, Full-Service” or incorporated into “Shopping Center” Vice-President: or “Multi-Use Nonresidential Building” uses. Carol Pyles, 7th Ward Comparative Analysis of the B-2 and I-1 Zoning Districts Planning Commissioners: The petitioner is seeking to allow a more intensive land-use in the B-2, Service Business Sam Loretta, 1st Ward District. The “Video Gaming or Lottery Establishment” use is currently permitted in the I- Tim Stranko, 2nd Ward 1, Industrial District. The purpose of the I-1, District is provided in Section 1355.01 of the William Blosser, 3rd Ward Planning and Zoning Code as follows: Bill Petros, 4th Ward Michael Shuman, 5th Ward Ronald Dulaney, City Council AJ Hammond, City Admin. The purpose of the B-2, District is provided in Section 1347.01 of the Planning and Zoning Code as follows: Both zoning districts are to be located on major thoroughfares and provide for commercial activities within the City of Morgantown. The B-2, District is to be an area for many different types of businesses. The I-1, District is for land uses that create nuisances including but not limited to increased vehicular traffic, pollution, noxious odors, hazardous conditions, and/or visual disturbance as compared to other areas of the city. The I-1, District is not limited to only light or heavy industrial uses. Many uses permitted in the B-2, District are Development Services also permitted in the I-1, District. The following land-uses are exclusively permitted in the John Whitmore, AICP I-1, District: Interim Director Consumer Fireworks Wholesale Establishment; Distribution Center; Extractive Industry; Fairgrounds; Industrial Equipment Repair Establishment; Industrial Park; Industrial 389 Spruce Street Supplies Establishment; Manufactured Housing Sales; Heavy Manufacturing; Medical Morgantown, WV 26505 Cannabis Growing Facility; Recyclable Collection Center/ Solid Waste Transfer Station; 304.284.7431 Truck or Motor Freight Terminal; and Video Gaming or Lotter Establishment uses. The following uses are exclusively allowed in the I-1, District and also require conditional- use approval: Page 5 of 9 PC Meeting Page 18 of 56 December 10, 2020  MORGANTOWN PLANNING COMMISSION October 8, 2020 6:30 p.m. By Electronic Means President: Airport; Heavy Industry; Penal/Correctional Institution; Salvage Yard; and Sexually Peter DeMasters, 6th Ward Oriented Business uses. Vice-President: Carol Pyles, 7th Ward Mobile Device Gambling When studying highest and best land uses within the B-2 District, Staff recommends the Planning Commissioners: Planning Commission consider the relationship of the “Video Gaming or Lottery Sam Loretta, 1st Ward Establishment” use in the context of more recent developments in technology and the Tim Stranko, 2nd Ward legal status of gambling using a smartphone or other online terminal. There are currently William Blosser, 3rd Ward three sportsbooks operational in the State of West Virginia. These are DraftKings operating from Hollywood Casino at Charles Town and both FanDuel and BetMGM Bill Petros, 4th Ward operating from The Greenbrier. Mardi Gras and Wheeling Island casino sportsbooks were Michael Shuman, 5th Ward suspended in March of 2019 and Mountaineer Casino is anticipated to enter the Ronald Dulaney, City Council marketplace. In addition to sports betting, these applications also include virtual table games including roulette, card games, keno, and slot machine styled games of chance. AJ Hammond, City Admin. The atmosphere and style of play using a smartphone is different than a traditional Limited Video Lottery machine. A limited Video Lottery machine is strictly occurring in a location that sells alcohol and has heighted sensory application given the size of the machine. The machine itself is designed solely for gambling. It should be noted that with online sportsbooks, there is no practical way to limit mobile or online gambling in a specific location in the City of Morgantown. However, staff wishes to convey that while the act of gambling can occur anywhere in the city, the physical infrastructure and patron experience related to Limited Video Lottery gambling is unique. STAFF RECOMMENDATION: In reviewing the petition, staff is concerned that the proposed change to the Planning and Zoning Code increasing Limited Video Lottery locations within the City of Morgantown may negatively impact the city’s commercial corridors and residential neighborhoods. The land- use as established by the State of West Virginia, is directly tied to the on-premise consumption of alcoholic beverages. The City of Morgantown has historically regulated the presence of Private Clubs with multiple attempts made in the past forty years to limit their proliferation within the Downtown and Sunnyside neighborhood. From an individual economic perspective, the addition of Limited Video Lottery would be an expected component for those existing and future on-premise alcoholic beverage consumption Development Services establishments in the B-2, District. John Whitmore, AICP Interim Director The Planning Commission should evaluate the physical land development pattern associated with the “Video Gaming or Lottery Establishment” use. Land-use trends related 389 Spruce Street to “Video Gaming or Lottery Establishment” within the state of West Virginia often focus Morgantown, WV 26505 solely on the gambling activity. Page 7 of this report provide Google Streetview Images of 304.284.7431 examples of existing nonconforming single-occupancy structures with “Video Gaming or Lottery Establishment” uses in the B-2, Service Business District employing or Hot Spot branding (via Google keyword search) in Morgantown. Additional locations are located in “Shopping Centers, Small-Scale” use structures. Page 6 of 9 PC Meeting Page 19 of 56 December 10, 2020  MORGANTOWN PLANNING COMMISSION October 8, 2020 6:30 p.m. By Electronic Means 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. There is currently no Planning and Zoning Code method available to limit further development of single-story single-occupant structures in the B-2, Service Business Development Services District. Staff believes it is not unreasonable to expect further development of similar John Whitmore, AICP structures in the B-2, Service Business District if this zoning text amendment is approved. Interim Director This development pattern is inconsistent with “Corridor Enhancement” areas provided in the City of Morgantown 2013 Comprehensive Plan Update’s Land Management Map. The “Corridor Enhancement” areas are planned in the vicinity of B-2, Service Business District 389 Spruce Street locations along major traffic corridors, and call for increased development intensity. Morgantown, WV 26505 304.284.7431 In reviewing the current Permitted Land Use Table, staff does not see a situation where the land-use is unreasonably regulated. The current land-use designation, allowing for “Video Gaming or Lottery Establishment” uses only in the I-1, Industrial District is not the most restrictive business styled use within the City of Morgantown. “Sexually Oriented Business” uses are regulated as requiring conditional-use approval by default, with Page 7 of 9 PC Meeting Page 20 of 56 December 10, 2020  MORGANTOWN PLANNING COMMISSION October 8, 2020 6:30 p.m. By Electronic Means President: additional restrictions included in the Supplemental Regulations section of the Planning Peter DeMasters, 6th Ward and Zoning Code. A “Sexually Oriented Business” is an establishment that provides the Vice-President: sale and display of pornographic material. While clearly not the same land-uses, both uses Carol Pyles, 7th Ward only cater to adult individuals who engage in state and federally regulated activities and create phenomena that has historically had negative connotations. Planning Commissioners: In completing this report, staff did observe a potential issue with the definition of “Video Sam Loretta, 1st Ward Gaming or Lottery Establishment.” Staff recommends the following text amendment Tim Stranko, 2nd Ward (deleted matter struck-though; new matter underlined), as the current definition does not William Blosser, 3rd Ward appear to be practical given mobile device gambling as and further only provides duplicated information that is provided in Section 1331.01.05 for permitted land uses and Bill Petros, 4th Ward Section 1365.04 for minimum parking standards: Michael Shuman, 5th Ward Ronald Dulaney, City Council VIDEO GAMING or LOTTERY ESTABLISHMENT – An establishment at which any form AJ Hammond, City Admin. of gambling of chance is permitted or played, including “video lottery” machines licensed by the West Virginia Lottery Commission pursuant to Chapter 29, Article 22B of the Code of West Virginia are operated, but excluding establishments that only sell lottery tickets. Such establishments are permitted only in industrial zoning districts, and shall be subject to the same parking requirements as a food service establishment. In the event that the Planning Commission considers approval for this petition, staff recommends that the Planning Commission provide said recommendation of approval to with the following conditions to the City Council to ensure that nearby service business land uses and commercial districts are promoted to the best extent possible: First, that the definition for “Video Gaming or Lottery Establishment” be amended as follows (deleted matter struck-though; new matter underlined): VIDEO GAMING or LOTTERY ESTABLISHMENT – An establishment at which any form of gambling of chance is permitted or played, including “video lottery” machines licensed by the West Virginia Lottery Commission pursuant to Chapter 29, Article 22B of the Code of West Virginia are operated, but excluding establishments that only sell lottery tickets. Such establishments are permitted only in industrial zoning districts, and shall be subject to the same parking requirements as a food service establishment. Development Services Second, that the Permitted Land-Use table be amended as follows (new matter highlighted John Whitmore, AICP and underlined): Interim Director 389 Spruce Street Morgantown, WV 26505 C 304.284.7431 And finally, that Supplemental Regulation 13 [1331.06(13)] be amended to include the following regulation (new matter underlined): Page 8 of 9 PC Meeting Page 21 of 56 December 10, 2020  MORGANTOWN PLANNING COMMISSION October 8, 2020 6:30 p.m. By Electronic Means President: (g) Video Gaming or Lottery Establishments shall only be permitted in the B-2, Service Peter DeMasters, 6th Ward Business District if the Video Gaming or Lottery Establishment is associated with a bona Vice-President: fide Restaurant, Private Club use or Restaurant, Private Wine use. For the purposes of Carol Pyles, 7th Ward this section, a Restaurant, Private Club use shall include the requirement that food and non-alcoholic beverages shall comprise a minimum of 60 percent of total gross sales of all food and drink items in each calendar month. In addition, both Restaurant, Private Club Planning Commissioners: uses or Restaurant, Private Wine uses shall be required to have the following conditions: Sam Loretta, 1st Ward Tim Stranko, 2nd Ward (i) The establishment shall provide a seating capacity for at least fifty (50) persons, rd William Blosser, 3 Ward at a table or counter maintained for the principal purpose of serving meals. Seats at a bar, which is primarily for the serving of alcoholic beverages, shall not be Bill Petros, 4th Ward counted as meeting the minimum seating capacity of the establishment. Michael Shuman, 5th Ward Ronald Dulaney, City Council (ii) Liquor or wine shall not be served later than 1:00 a.m., except on New Year’s Eve. AJ Hammond, City Admin. (iii) That Limited Video Lottery or similar machines shall be located in a separate room from the main dining area. (iv) That occupancy of the establishment shall not be restricted to persons under the age of 21. Development Services staff believe that these text amendments should permit the “Video Gaming or Lottery Establishment” use in a more favorable manner and will not excessively harm other nearby B-2, District land-uses or the wider Morgantown community. These regulations would effectively require the establishment to operate as a restaurant as opposed to a “Private Club” or “Tavern” catering to those individuals who are primarily engaged in on-premise gambling. Staff believes this may ensure that single-occupancy structures like Hot Spot branded facilities would not occur in the B-2, Service Business District. Development Services John Whitmore, AICP Interim Director 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 9 of 9 PC Meeting Page 22 of 56 December 10, 2020  Intentional Blank Page PC Meeting Page 23 of 56 December 10, 2020  MORGANTOWN PLANNING COMMISSION December 10, 2020 6:30 p.m. By Electronic Means President: STAFF REPORT Peter DeMasters, 6th Ward Vice-President: CASE NO: RZ20-05 / Bruceton Farm Service, Inc. / Unit Block Brookhaven Road Carol Pyles, 7th Ward REQUEST and LOCATION: Planning Commissioners: Request by Howard Goodstein on behalf of Bruceton Farm Service, Inc. for a Zoning Map Sam Loretta, 1st Ward Amendment to reclassify properties located in the Unit Block of Brookhaven Road from R- Tim Stranko, 2nd Ward 1, Single-Family Residential District to B-2, Service Business District. William Blosser, 3rd Ward Bill Petros, 4th Ward TAX MAP NUMBER(s) and ZONING DESCRIPTION: Michael Shuman, 5th Ward Tax District 14, Tax Map 45, Parcels 5.2 & 6; R-1, Single-Family Residential District and Ronald Dulaney, City Council Tax District 14, Tax Map 45, Parcels 7 & 7.4; R-1, Single-Family Residential District and B-2, Service Business District. AJ Hammond, City Admin. SURROUNDING ZONING: North and West: B-2, Service Business District East: R-1, Single-Family Residential District South: R-1, Single-Family Residential District and portions of Unincorporated Monongalia County. BACKGROUND: The petitioner seeks to amend the zoning map by changing the zoning classification for the subject premises from R-1 to B-2. 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 current land use classification for these locations is “Dwelling, Single-Family.” Staff believes the proposed zoning map amendment would be considered a permitted map amendment and not “spot zoning” because the subject area adjoins the B-2 zoning district. Accordingly, the proposed zoning map amendment would be a boundary adjustment of the B-2 zoning district. Development Services ANALYSIS: Department John Whitmore, AICP The subject premises are situated near the intersection of Earl L. Core Road and Interim Director Brookhaven Road. The properties are located directly south of the U.S. Interstate 68 on and off ramps associated with Exit 4. 389 Spruce Street As Addendum A illustrates, the petitioner’s proposed zoning map amendment would Morgantown, WV 26505 304.284.7431 expand the B-2, Service Business zoning district. The Unit Block of Brookhaven Road has limited development including some residential uses, a commuter parking lot, and wooded areas. The properties are located near the City of Morgantown corporate limits. Page 1 of 3 PC Meeting Page 24 of 56 December 10, 2020  MORGANTOWN PLANNING COMMISSION December 10, 2020 6:30 p.m. By Electronic Means President: Addendum B of this report provides Article 1347 “B-2, Service Business District” and Table Peter DeMasters, 6th 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. Vice-President: Carol Pyles, 7th Ward Comprehensive Plan Concurrence As recommended in Chapter 9 “Implementation” of the 2013 Comprehensive Plan Update, Planning Commissioners: Addendum C of this report identifies how the proposed zoning map amendment relates to Sam Loretta, 1st Ward the Comp Plan’s land management intent, location, and pattern and character principles. Tim Stranko, 2nd Ward William Blosser, 3rd Ward It should be noted that “shall” statements within the Comp Plan must be understood as desired objectives and strategies that do not have the force or effect of law unless Bill Petros, 4th Ward incorporated into the City’s Planning and Zoning Code. Michael Shuman, 5th Ward Ronald Dulaney, City Council The properties are incorrectly identified as a “Developed Area” in the 2013 City of Morgantown Comprehensive Plan and as such, no development or conservation priority AJ Hammond, City Admin. is established in the Land Management Map. These properties are identified in the Conceptual Growth Framework map as “Controlled Growth” locations and in the Pattern and Character map as Mountain/Valley Corridor. It appears the requested zoning classification change for the subject properties from R-1 to B-2 is in concurrence with the Comp Plan’s principals for infill and redevelopment land management objectives and furthers the following plan implementation strategies: • LM 2.1 ....... Identify and prioritize sites for infill and redevelopment. • LM 4.3 ....... Revise zoning regulations to permit mixed-use development at appropriate scales in various zoning districts. • LM 5.2 ....... Permit higher density development in areas that are well-supported by existing or planned transportation infrastructure or transit services. Development Services Department • NH 4.1 ...... Provide incentives to developers to encourage development of alternative John Whitmore, AICP housing types (i.e. higher density, live-work, mixed-use) in designated growth Interim Director areas. Staff encourages the Planning Commission to review the Comp Plan for guidance as 389 Spruce Street Morgantown, WV 26505 Addendum C is not intended to represent a complete comparative assessment and there 304.284.7431 is a known issue with the Land Management Map as it relates to these properties. Page 2 of 3 PC Meeting Page 25 of 56 December 10, 2020  MORGANTOWN PLANNING COMMISSION December 10, 2020 6:30 p.m. By Electronic Means President: STAFF RECOMMENDATION: Peter DeMasters, 6th Ward Zoning map amendment requests should be evaluated on their land-use merits alone. Vice-President: The petitioners’ development intentions are extraneous, and the Commission should Carol Pyles, 7th Ward 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 Planning Commissioners: Business District is the appropriate zoning classification for the petitioner’s development Sam Loretta, 1st Ward premises, weighing all possible future development and land use scenarios as permitted Tim Stranko, 2nd Ward by the Planning and Zoning Code; particularly, Article 1347 “B-2,Service Business District” William Blosser, 3rd Ward and Table 1331.05.01 “Permitted Land Uses.” Bill Petros, 4th Ward It is the opinion of the Development Services Department that the petitioner’s request to Michael Shuman, 5th Ward reclassify the property to B-2, Service Business District is supported by the intent, location, Ronald Dulaney, City Council pattern and character goals set forth in the 2013 Comprehensive Plan Update. Staff AJ Hammond, City Admin. recommends approval of the zoning map amendment as requested. Development Services Department John Whitmore, AICP Interim Director 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 3 of 3 PC Meeting Page 26 of 56 December 10, 2020  STAFF REPORT ADDENDUM A RZ20-05 / Bruceton Farm Service, Inc. / Unit Block Brookhaven Road Staff Report Addendum A Page 1 of 2 RZ20-05 PC Meeting Page 27 of 56 December 10, 2020  STAFF REPORT ADDENDUM A RZ20-05 / Bruceton Farm Service, Inc. / Unit Block Brookhaven Road Staff Report Addendum A Page 2 of 2 RZ20-05 PC Meeting Page 28 of 56 December 10, 2020  STAFF REPORT ADDENDUM B RZ20-05 / Bruceton Farm Service, Inc. / Unit Block Brookhaven Road Staff Report Addendum B Page 1 of 9 RZ20-05 PC Meeting Page 29 of 56 December 10, 2020  STAFF REPORT ADDENDUM B RZ20-05 / Bruceton Farm Service, Inc. / Unit Block Brookhaven Road Staff Report Addendum B Page 2 of 9 RZ20-05 PC Meeting Page 30 of 56 December 10, 2020  STAFF REPORT ADDENDUM B RZ20-05 / Bruceton Farm Service, Inc. / Unit Block Brookhaven Road Staff Report Addendum B Page 3 of 9 RZ20-05 PC Meeting Page 31 of 56 December 10, 2020  STAFF REPORT ADDENDUM B RZ20-05 / Bruceton Farm Service, Inc. / Unit Block Brookhaven Road Staff Report Addendum B Page 4 of 9 RZ20-05 PC Meeting Page 32 of 56 December 10, 2020  STAFF REPORT ADDENDUM B RZ20-05 / Bruceton Farm Service, Inc. / Unit Block Brookhaven Road Staff Report Addendum B Page 5 of 9 RZ20-05 PC Meeting Page 33 of 56 December 10, 2020  STAFF REPORT ADDENDUM B RZ20-05 / Bruceton Farm Service, Inc. / Unit Block Brookhaven Road Staff Report Addendum B Page 6 of 9 RZ20-05 PC Meeting Page 34 of 56 December 10, 2020  STAFF REPORT ADDENDUM B RZ20-05 / Bruceton Farm Service, Inc. / Unit Block Brookhaven Road Staff Report Addendum B Page 7 of 9 RZ20-05 PC Meeting Page 35 of 56 December 10, 2020  STAFF REPORT ADDENDUM B RZ20-05 / Bruceton Farm Service, Inc. / Unit Block Brookhaven Road Staff Report Addendum B Page 8 of 9 RZ20-05 PC Meeting Page 36 of 56 December 10, 2020  STAFF REPORT ADDENDUM B RZ20-05 / Bruceton Farm Service, Inc. / Unit Block Brookhaven Road Staff Report Addendum B Page 9 of 9 RZ20-05 PC Meeting Page 37 of 56 December 10, 2020  STAFF REPORT ADDENDUM C RZ20-05 / Bruceton Farm Service, Inc. / Unit Block Brookhaven Road 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 ☐ N/A or Inconclusive edge. The subject premises are located at the city’s edge and are expected to create additional demand for development. 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 located near an automotive transit destination (Exit 4 of U.S. Interstate 68). New infrastructure will be required to support increased development intensity available with the B-2, Service Business District. Principal 3 Downtown, adjacent neighborhoods and the riverfront ☐ Concurrence will be the primary focus for revitalizations efforts. ☐ Inconsistent ☒ N/A or Inconclusive The premises are located at the periphery of the city’s corporate limits and may encourage sprawl development in areas without zoning or local building and life- safety code compliance. However, opportunities for transit-oriented design and other development that would complement the interstate are not readily available with R-1. Single-Family Residential and could be considered at odds with the expected development character of an interstate exit. Principal 4 Existing neighborhoods throughout the city will be ☐ Concurrence maintained and/or enhanced. ☐ Inconsistent ☒ N/A or Inconclusive The location of the property in the context of the city’s urban boundaries is unique. The properties are not identified as being an any city neighborhood and are bounded by a interstate highway to the north, a major arterial highway to the west and unincorporated Monongalia County to the south and east. Staff Report Addendum C Page 1 of 5 RZ20-05 PC Meeting Page 38 of 56 December 10, 2020  STAFF REPORT ADDENDUM C RZ20-05 / Bruceton Farm Service, Inc. / Unit Block Brookhaven Road 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, as opposed to the R-1, District that is predominantly geared to detached single-family dwellings on large parcels. The opportunity of more intense residential, nonresidential, and/or mixed-use development of the subject premises appears possible with the B-2, District. 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 the premises currently zoned R-1 to B-2 appears to advance more diverse housing types. Specifically, higher density townhouses, multi-family dwellings and other residential housing options would be permitted as opposed to only single-family dwellings permitted in the R-1, District. 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 5 RZ20-05 PC Meeting Page 39 of 56 December 10, 2020  STAFF REPORT ADDENDUM C RZ20-05 / Bruceton Farm Service, Inc. / Unit Block Brookhaven Road Principal 11 Environmentally sensitive and sustainable practices ☐ Concurrence will be encouraged in future developments. ☐ Inconsistent ☒ N/A or Inconclusive Site design is extraneous to the petitioner’s zoning map amendment request. Development proposals will be consistent with the Land Management Map. If the proposal applies to an area intended for growth, infill, revitalization, or redevelopment, then it should be LOCATION compatible with that intent and with any specific expectations within Areas of Opportunity. If the proposal applies to an area of conservation or preservation, it should be compatible with and work to enhance the existing character of the immediate surroundings. The following graphic is clipped from the Conceptual Growth Framework Map included on Page 19 of the 2013 Comprehensive Plan Update. The subject properties within a “Controlled Growth” concept area. Staff Report Addendum C Page 3 of 5 RZ20-05 PC Meeting Page 40 of 56 December 10, 2020  STAFF REPORT ADDENDUM C RZ20-05 / Bruceton Farm Service, Inc. / Unit Block Brookhaven Road 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 below is clipped from Map 3 – Pattern and Character included on Page 27 of the 2013 Comprehensive Plan Update. The subject properties are located within the “Mountain / Valley Corridor” pattern and character area. Staff Report Addendum C Page 4 of 5 RZ20-05 PC Meeting Page 41 of 56 December 10, 2020  STAFF REPORT ADDENDUM C RZ20-05 / Bruceton Farm Service, Inc. / Unit Block Brookhaven Road The graphic below is clipped from Map 4 – Land Management included on Page 39 of the 2013 Comprehensive Plan Update. 424 Evans Street is incorrectlyu identifed as being a “Developed Area” and does not have a desired development type identified in the Comprehensve Plan. Staff Report Addendum C Page 5 of 5 RZ20-05 PC Meeting Page 42 of 56 December 10, 2020  RZ20-05 PC Meeting Page 43 of 56 December 10, 2020  RZ20-05 PC Meeting Page 44 of 56 December 10, 2020  Pay by Bill Type Report Report Criteria Merchant: City of Morgantown Finance Web Time Zone: Eastern Start Date: 11/3/2020 7:45:00 PM End Date: 11/4/2020 7:45:00 PM Grand Total Bill Type Trans Count Convenience Fee Total Paid Planning and Zoning Applications 1 $14.75 $500.00 Payment Payment Bill Type Transaction Date Method Account Bill Amount Applicant Name Case Number Type of Application Planning and 11/04/20 07:57 AM VISA Credit 4273 $500.00 Bruceton Farm Service, RZ20-05 Zoning Map Zoning Applicat Inc. Amendment Application Wednesday, November 4, 2020 Page 1 of 1 PC Meeting Page 45 of 56 December 10, 2020  Intentional Blank Page PC Meeting Page 46 of 56 December 10, 2020  MORGANTOWN PLANNING COMMISSION December 10, 2020 6:30 p.m. By Electronic Means President: Peter DeMasters, 6th Ward STAFF REPORT Vice-President: CASE NO: MNS20-14 / Morgantown Area Chamber of Commerce / 1029 Carol Pyles, 7th Ward University Avenue Planning Commissioners: REQUEST and LOCATION: Sam Loretta, 1st Ward Tim Stranko, 2nd Ward Request by Brian Gallagher of Steptoe and Johnson on behalf of Castle Ventures III, LLC and the Morgantown Area Chamber of Commerce for minor subdivision approval of William Blosser, 3rd Ward property located at 1029 University Avenue. Bill Petros, 4th Ward Michael Shuman, 5th Ward TAX MAP NUMBER (s) and ZONING DESCRIPTION: Ronald Dulaney, City Council AJ Hammond, City Admin. Tax District 11, Tax Map 28A, Parcel 5; B-4, General Business District. SURROUNDING ZONING: B-4, General Business District. BACKGROUND AND ANALYSIS: The petitioner seeks to subdivide Parcel 5 into two (2) parcels. Addendum A of this report illustrates the location of the subject site. This subdivision was previously approved under Case MNS08-07 / Castle Ventures / 1029 University Avenue but was not properly recorded in accordance with Planning and Zoning Code requirements. Tax District 11, Tax Map 28A, Parcel 5, commonly known as 1029 University Avenue is an approximately 21,972.5 square foot parcel with a 187-foot +/- frontage along University Avenue. The applicant seeks to subdivide the parcel as shown in the staff enhanced image on page 2 of this report with a twenty (20) foot easement located evenly between both proposed parcels as highlighted in red. Development Services John Whitmore, AICP Interim Director Planning Division 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 1 of 2 PC Meeting Page 47 of 56 December 10, 2020  MORGANTOWN PLANNING COMMISSION December 10, 2020 6:30 p.m. By Electronic Means President: Peter DeMasters, 6th Ward Vice-President: Carol Pyles, 7th Ward Planning Commissioners: Sam Loretta, 1st Ward Tim Stranko, 2nd Ward B rd William Blosser, 3 Ward Bill Petros, 4th Ward Michael Shuman, 5th Ward A Ronald Dulaney, City Council AJ Hammond, City Admin. Parcel A will be approximately 9,452.52 square feet in area with a frontage along University Avenue of 80.37-feet +/-. Parcel B will be approximately 9,931.61 square feet in area and have a frontage along University Avenue of 106.63-feet +/-. Both parcels will retain a depth of approximately 117.5-feet. Both parcels will exceed the minimum area (1,500 square feet), minimum street frontage (30-feet), and minimum depth (50-feet) standards for the B-4, General Business District. STAFF RECOMMENDATION: Staff recommends approval of the subdivision with the following conditions: 1. That the applicant submit three (3) paper copies, signed and sealed by a surveyor licensed in the State of West Virginia, of the final plat for the Planning Commission President’s signature; and, 2. That the final plat is filed at the Monongalia County Courthouse within thirty (30) Development Services days of meeting the condition set forth above. John Whitmore, AICP Interim Director Planning Division 389 Spruce Street Morgantown, WV 26505 304.284.7431 Page 2 of 2 PC Meeting Page 48 of 56 December 10, 2020  STAFF REPORT ADDENDUM A MNS20-14 / Castle Ventures III, LLC and Morgantown Area Chamber of Commerce / 1029 University Avenue Staff Report Addendum A Page 1 of 2 MNS20-14 PC Meeting Page 49 of 56 December 10, 2020  STAFF REPORT ADDENDUM A MNS20-14 / Castle Ventures III, LLC and Morgantown Area Chamber of Commerce / 1029 University Avenue Staff Report Addendum A Page 2 of 2 MNS20-14 PC Meeting Page 50 of 56 December 10, 2020  MNS20-14 PC Meeting Page 51 of 56 December 10, 2020  MNS20-14 PC Meeting Page 52 of 56 December 10, 2020  MNS20-14 PC Meeting Page 53 of 56 December 10, 2020  MNS20-14 PC Meeting Page 54 of 56 December 10, 2020  MNS20-14 PC Meeting Page 55 of 56 December 10, 2020  MNS20-14 PC Meeting Page 56 of 56 December 10, 2020