Planning Commission

MORGANTOWN PLANNING COMMISSION MINUTES 6:30 p.m. | January 11, 2024 | County Commission Chambers COMMISSIONERS PRESENT: Pete DeMasters, Danielle Trumble, Bill Petros, William Blosser, Katie See, Kelly Palmer and Tim Stranko. COMMISSIONERS ABSENT: none STAFF PRESENT: Rickie Yeager CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:30 p.m. DeMasters asked to bypass the pre-meeting announcement, all in favor. I. PUBLIC COMMENT: None. II. ELECTION OF OFFICERS A. President B. Vice-President Stranko moved to re-elect the current slate of officers and asked if they agreed to serve a second term. Both agreed. Stranko moved to close the nominations, seconded by Trumble. The vote was unanimous (7-0-0) to re-elect the current officers. III. MATTERS OF BUSINESS: A. Approval of meeting minutes from November 9, 2023. Yeager noted that there were a few changes made to the minutes prior to the meeting, which have been corrected. Trumble made a motion to approve with amendments, seconded by Stranko. Vote was unanimous (7-0-0). IV. UNFINISHED BUSINESS: V. NEW BUSINESS: A. RZ23-06 / Mohamad and Abdul Tarabishy / 1433 Dorsey Avenue Request by Abdul Tarabishy on behalf of Mohamad and Abdul Tarabishy to rezone City Tax District 9 (First Ward), Tax Map 48A, Parcel 12, commonly known as 1433 Dorsey Avenue, from a R-1, Single-Family Residential District to a B-2, Service Business District. Morgantown Planning Commission Page 1 of 13 January 11, 2024, Minutes APPROVED  Yeager read the staff report and noted the petitioner was present. Yeager noted there was a green folder presented to each Board member which will be reviewed soon. Abdul Tarabishy, AST Properties. Dr. Tarabishy noted that the property is currently zoned R-1 and the building cannot be used as residential property and would like to change it to a B2. DeMasters asked if there were questions for the applicant. Being none, he asked if anyone would like to speak in favor or against this request. Being none, DeMasters asked for the Staff Report. STAFF RECOMMENDATION: Zoning map amendment requests should be evaluated on their land use merits alone. 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 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. After review, staff finds the proposed zoning map amendment to be consistent with the City’s 2023 Comprehensive Plan with respect to the land management plan and goals set forth in the planning document. Note, if the existing structure were demolished and/or redeveloped in the future, said development would be subject to site plan review and the development standards associated with the B-2 District, as well as the development standards outlined in Chapter Nine of the City’s Planning and Zoning Code. Stranko noted considering possible road changes imminent in the near vicinity, allowing this parcel to remain R1 is obsolete, and he supports the application. Petros asked if there was a Church across the street and Yeager confirmed. Trumble asked about Corridor mixed use classification. She thinks this is more conducive to an R-3 or a B-1 than a B-2. Trumble notes she does not necessarily agree with Stranko at this point. DeMasters notes that the size of the parcel and what businesses are beside it, he doesn’t believe that a business that does not fit in the area will not be possible, with the main point is that he is basing this on the parcel size. Stranko notes that the application is to change from R-1 to B-2, not for other options available. Petros notes that the Commission does not want to create a spot zoning situation. Stranko moves to approve the application with a recommendation for City Council to pass it, seconded by Blosser. The vote was 6-1-0 in favor. Morgantown Planning Commission Page 2 of 13 January 11, 2024, Minutes APPROVED  B. S23-01-III / AST Morgantown Properties / 13 S. High Street Request by Abdul Tarabishy on behalf of AST Morgantown Properties for a Type III – Development of Significant Impact Site Plan approval for 13 S. High Street, City Tax District 9 (First Ward), Tax Map 28, Parcel 126.1, B-4 General Business District. Yeager read the staff report and noted the petitioner’s team was present. Stranko asked about the Development of Significant Impact on the Commissions on our regulatory prerogative. Yeager noted that it depends how big the development is and if they are changing the use. Stranko wanted to confirm that this is subjective evaluation of the propriety of the development at this location confirming that propriety would be the impact on the neighborhood. Stranko further noted that the Department of Highways would be involved with the traffic issues because this is on a state route. Trumble further added that Prairie is also a state route. Yeager shows a video of the applicant driving through the parking lot in the route parents would use for picking up and dropping off. DeMasters has two questions- first, is there an entrance or exit to the building from the parking lot, or would they have to come around to the front of the building. The other part of this question is that if there is no entrance or exit from the building and they must walk to the front of the building, does that not make it easier for people to stop on S. High to drop students off. DeMaster’s stated his second set of questions is regarding the agreement with Alpha Associates, if start time is 9:00 and there are already cars parked is there room for a larger SUV to be able to go in and turn around to avoiding backups on S. High Street. He further asked if the City had done any reviews of the space with a fire engine or anything to turn around. Yeager noted the City Fire Marshall has no purview over this proposed school, but that it would be a State Fire Marshall. Stranko further added a question about pedestrian safety. Yeager noted the City Engineer did contact the Department of Highways and neither they or Mr. Davis would require a traffic study. DeMasters and Stranko noted they would like to see this study because of line-of-sight issues in that area. Stranko noted he thinks that the Staff Report is not complete based on this discussion. Yeager noted that the applicant had provided a preliminary traffic study, and Trumble noted that it was not an objective traffic study. Trumble stated she is confused with the parking spaces. She notes that there is a 17- car requirement, and she only sees ten. She further notes that for the pickup and drop off shows cars turning around in the area as designated parking. At pick up and drop off time, if a parent needed to go into the school for some reason, where would they Morgantown Planning Commission Page 3 of 13 January 11, 2024, Minutes APPROVED  park? Yeager noted that he would defer to the applicant to address this question but presumed there would be staff directing traffic. See states that she thinks this is a great use and feels it would be nice to be able to work through the issues so that this can potentially happen. Petros asked about more than one point of egress, and Yeager noted that the City does not have purview over schools. Stranko reiterated that our Code requirements do not apply. Yeager noted we only have input regarding the zoning. Petros asked about the Fire Department moving, and it was confirmed that they are moving. Petros expressed concern that if there is a fire and the engines need to come in that direction that there not be any blockages. Trumble referenced the new information that was provided to the Commission very very late the evening before the meeting and she is seeing just now. Trumble is questioning numbers as morning prediction 82 vehicle trips and afternoon prediction of 60 vehicle trips. With the tightness of that parking lot there will be a major back-up onto S. High Street. Trumble referenced an email noting access with flaggers from Prairie or S. High Street, but the traffic plan does not show access from Prairie. DeMasters noted there is no access from Prairie unless the children go down the steps. Abdul Tarabishy, property owner, and approximately 40-50 people in support. He notes that this is the first charter school within City limits. Tarabishy appreciates the comment from Commissioner See about reviving this part of town. Tarabishy referenced the items in the green folder, and noted his original plan was for the October meeting but due to unforeseen circumstances with a legal notice, the December meeting was cancelled and he did not receive a Staff Report until Tuesday evening before this meeting. He stated that he tried to address all issues mentioned in this Staff Report and that is why there are so many additional materials. Tarabishy noted he has agreements with Alpha Associates to lease spaces from them and a letter of support fromJenkins Funeral Home. He noted there is additional parking in the back of the lot that will potentially be leased from the Monongalia County Board of Education. Tarabishy reviewed the slides and discussed the traffic flow in detail. Tarabishy stated that he was notified very late that the School would need a driveway permit from the WVDOH. The application has been submitted but did note that a condition could be added that this be contingent. He believes this could be independent from the City. Tarabishy is anxious to open the school in the fall. Tarabishy invited others to speak. DeMasters noted the Chair needs to invite the speakers, and the Commission will listen to as many as time allows and are not repetitive. DeMasters feels that maybe the application is a little premature without all processes in place. Tarabishy noted that his application was presented in October, and he just received a Staff Report on Tuesday. Stranko noted that although this is misfortunate, the Commission still needs to spend their time making the correct decisions and confers with the Chair about the application being incomplete. Morgantown Planning Commission Page 4 of 13 January 11, 2024, Minutes APPROVED  DeMasters states that he feels this is a good idea but agrees with Stranko that this may be a little premature. Tarabishy asks if there could be a conditional approval while he gets the paperwork needed in place. DeMasters is afraid that some of these agreements may not pan out, and he doesn’t want to approve conditionally until then. Tarabishy states he does have a letter from Mr. Jenkins that he forwarded to Yeager, but unfortunately did not make it into the packet. Chuck Branch, Alpha Associates and Perry Avenue properties. Mr. Branch states they have shared the parking lot with the Monongalia County Board of Education and is happy to share the parking lot with the charter school. Branch is willing to work to make this happen as far as the parking lots are concerned and will enter into an agreement with them. Branch is a civil engineer and has worked with school pick up and drop offs in the past. DeMasters stated that he is glad to hear they are supportive, but the Commission needs to see the agreements in place. See asked if there are other approvals from other City departments pending and if this is tabled for a month will that make a difference. Yeager noted there was a Technical Review on December 5, 2023. The issues that came out of this meeting are the same things about the Commission is discussing now. The Fire Marshall and Code Enforcement do not have jurisdiction over the building. The City Engineer reached out at that time to the WV Department of Highways and indicated that a traffic study was not going to be needed. They will need to obtain a permit from them, and it sounds like that process is currently in process. Yeager noted that in the Staff Recommendation approval is contingent on this agreement. Yeager asked to approach the applicant to ask a question. DeMasters asked if there were any other questions for the applicant. The applicant asked if two people from the audience could speak. DeMasters was explaining the process of opening the public hearing, but Tarabishy let him know that they are part of the application that has been submitted not just members of the public. DeMasters agreed that they should speak before opening the public hearing. Dr. Javaid Syed, Chair of the Charter School Board, addressed the safety concerns of the Commission. Syed states that there will be personnel to walk with the children, direct traffic and other needs that arise. Syed notes that safety is their first concern. Syed suggests that they are willing to do whatever needs to be done to ensure this. Syed notes that if parents need to come in to meet with a teacher or staff, that appointments will be scheduled to accommodate this and provide for the parking. Dr. Syed asks that the Commission consider approving this application. DeMasters noted that once all the processes have been completed and presented to the Commission, it will be easier to understand the process and possible approval. Stranko asked that the permit from the WDOH cover the entire scope of the property. Yeager noted that he thinks it covers the entrance and exit to the state road. Stranko reiterated that this is only a small portion. Trumble states that the Commission is not Morgantown Planning Commission Page 5 of 13 January 11, 2024, Minutes APPROVED  only tasked with safety of the school and traffic issues, but the impact of the entire neighborhood. Petros confirmed the applicant is concerned with children’s safety in the case of a fire. Dr. Syed confirmed that the State Fire Marshall will be addressing this. When the school is open all escape routes will be posted as well as numerous fire drills. Petros confirmed this is not part of the Commission’s purview but of personal concern. Mohamed Hefeida, speaking as a parent that has children goes to Morgantown High School. He states that at 7:10-7:15 is a dead stop and sees disasters happen all the time on this state highway. He is stating this to give context to the whole idea which shows their plan is a much better working process. Hefeida states that when he sent the traffic study, he wanted to be unbiased. The person that did the study works for a university in the transportation department, and states that the trips generated by the proposed school will have no bearing whatsoever on the level of service or the two-way stop adjacent to the property. He suggested the staggered starting times by grades which will divide the traffic from 40-50 students in half. Hefeida states he moved here from Chicago and Morgantown is a very safe city and thinks that this drop off pick up plan will be a safe alternative to what the high school offers. Petros noted that if they are thinking about staggering start times, to keep in mind that parents have children in different grades. Stranko noted that since this is a development of significant impact the Commission needs to take into consideration not just the school but the entire neighborhood and that they need to regulate the worst- case scenario. DeMasters reiterated that the Commission needs the information to make a valid decision on this project. Stranko agrees. See has concerns with making an approval with so many conditions and making Staff accountable for making these happen. DeMasters noted they are asking for an approval without contingencies and See does not agree with this. Stranko notes he believes the Commission wants to see this process succeed. Yeager noted that the request would not include the Division of Highways report, as it is not required for approval, but written or electronic approval shall be required before issuance of building permits if required by WDOH. Trumble asked how the number of parking spaces were determined. Yeager referenced the packet, with one space for per classroom plus one space per employee. Trumble noted she saw 14 classrooms, and Yeager corrected that it should be 24 and apologized for the typo. Trumble note they are showing ten permanent spaces. Yeager noted they meet the parking requirements. DeMasters notes one per classroom, that would be 17. But with the employees and the classrooms it says 24. Yeager notes there are 24 as noted on page 65. Petros notes the employees will be present when the children are dropped off, which does not make them parking spaces. Yeager notes there is a possibility the employees will be parking other places. DeMasters says that all this information is not in front of them right now. Yeager notes that for general use of the property, the parking requirement is met. Trumble still notes that she only counts 22 spaces, so the parking requirement is not met. Dr. Tarabishy spoke and noted there are seven classrooms. He notes that they will not be using all the parking because they will not be a full capacity. DeMasters notes that if Morgantown Planning Commission Page 6 of 13 January 11, 2024, Minutes APPROVED  there are 14 classrooms built out, the assumption will be that those spaces will be eventually filled and after approval there will be nothing to stop them from using the entire 14 spaces. Yeager confirmed the ordinance states one space per classroom. Tarabishy notes that with the agreements he has lined up for parking, this will fit all of the requirements. Yeager noted that shared parking facilities are permitted. DeMasters asked if this would need BZA approved, and Yeager confirmed. Trumble believes this is incomplete and doesn’t feel comfortable approving as is. DeMasters asked if the Commission would wish to table this application, does the public hearing need to be heard or held to the next meeting. Stranko noted that if there are people that came here to speak, he is willing to listen. DeMasters opened the public hearing and asked if there is anyone that would like to speak in favor or against the petition. He asked to keep the comments limited to five minutes. A physician (in audible). He stated this is a college town and traffic has always been an issue. He stated that he is not asking them how to do their jobs, but to take the whole town into consideration. He stated that projects like this will always happen in towns of this size and is asking for them to be considerate in the approval process. He believes that volunteers with traffic control will be needed and used to alleviate any issues. Anessa Bog, lives in Westover. He states that he is a physician that grew up in Bridgeport. In that neighborhood there are the three biggest schools in Harrison County with a lot of traffic and pedestrians. There were crosswalk guards that helped with the traffic and pedestrian safety. He hopes the Commission votes in favor of the school for the sake of his children. Graduate Student (in audible). She states that she grew up in Charleston and came here for college. She referenced See and her suggestion of approval with contingencies. Stranko asked if she felt they were being unreasonable. She states that she understands there are procedures. Stranko noted there are some contingencies that are allowed and are approved, but he feels like this is a bigger issue. She asked if the application is tabled what would the timeline be. Stranko noted he would be willing to have a special meeting if all the requested information has been acquired. Abdullah Kasar, a businessman in Morgantown. His concern is that he believes people want this project to succeed. He sees the main issue is that this project is happening downtown which poses unique circumstances. He is hoping this can be approved with contingencies, since the City will not issue building permits until this has been approved. With the hopes of opening in August, this postponement poses issues with the timelines to have everything ready. A gentleman (inauidable) came here as an applicant, and am now speaking strictly as a parent. He believes the idea of safety is very important and doesn’t want to downplay that perspective. He speaks of Morgantown High School and there are over 2000 students present. He notes there is little control over the students, an example being the doors being taken off the bathrooms because the students were doing drugs and vaping in there. He notes that with all the “smoke shops” offering discounts to students Morgantown Planning Commission Page 7 of 13 January 11, 2024, Minutes APPROVED  is a bigger safety concern to him as a parent then the 5 minutes they will spend entering the school. He would like to focus more on the eight hours inside the school and the education, safety, and one on one attention, then on the five minutes the students will spend being dropped off and entering the school. He asked to compare this charter school and situation to a baby, let’s nurture it and give it a chance to live. He believes there will still be problems in this school as well as others, but since this is on a much smaller scale they will be noticed more quickly. Being no one else in favor, DeMasters asked if anyone wanted to speak in favor. Being none he asked for Staff Recommendation. STAFF RECOMMENDATION: After review, staff recommends that the Planning Commission approve Mr. Tarabishy’s Application for Type III DSI Site Plan Review with the following conditions: 1. The Public Charter School does not start before 9 a.m. and dismiss before 2:55 p.m. each school day. 2. The applicant plans with and/or seeks written permission from adjacent property owners to utilize their space during drop-off and pickup times. A copy of said agreements or written permissions shall be submitted to City staff for review/approval and record retention purposes. 3. West Virginia Department of Transportation- Division of Highways approves a Right of Way Entry Permit Application (MM109) for the Public Charter School, and a copy of said permit or agreement is provided to City staff for record retention purposes. Stranko asked about the Development of Significant Impact on the Commissions on our regulatory prerogative. Yeager noted that it depends how big the development is and if they are changing the use. Stranko wanted to confirm that this is subjective evaluation of the propriety of the development at this location confirming that propriety would be the impact on the neighborhood. DeMasters asked for discussion. Stranko noted that a punch list should be developed. Specifically parking agreements with Alpha, Jenkins and the Board of Education. The more complicated one would be the permit and or traffic study through the Department of Highways if required. Stranko asked that we have the City Engineer and Public Works Department to take a look at this and weigh in. Yeager noted that as long as the applicant can obtain the permit from the WDOH, we can move forward. DeMasters noted his big concern is that the staff will arrive before students. If there is no off-site parking then all the spaces will be filled with a car and if this happens there will be no room for a turnaround area. This will cause traffic backup onto S. High Street. DeMasters wants to see a plan with staff parking offsite. Trumble asked about the Morgantown Planning Commission Page 8 of 13 January 11, 2024, Minutes APPROVED  agreements, if they are only for a one year agreement and not renewable, where does that leave us? DeMasters noted there would be nothing we could do, further noting all staff parking will have to be offsite. Petros asked about insurance issues from the leased property, and that this needs to be addressed as well. He further noted there are a lot of teenage drivers around in the afternoons especially, and that is a real safety issue to be concerned about. DeMasters went back to the punch list items to include. Parking permits, revised circulation plan, off site parking for staff. DeMasters notes he wants to see this work, so if the documents can be provided. Petros notes that we need an engineer to confirm this. Stranko asked who denotes a 15 m.p.h. school zone, and Yeager confirmed that would be the DOH need to weigh in on that. Stranko asked for traffic calming in the school zone. DeMasters asked for a motion. Stranko moved to table the application waiting on presentation of requested materials from the Commission. If the materials are available, a special meeting could be arranged. Seconded by Blosser. Vote was unanimous (7-0- 1). DeMasters noted that the application has been tabled and Staff will be in touch about a follow up meeting. C. MNS23-08 / Metro Towers, LLC / Dillie Street and Ensign Avenue Request by Robert Shuman on behalf of Metro Towers, LLC to subdivide portions of City Tax District 12, Tax Map 15, Parcels 94, 95, 96 and 97, and consolidate said property with City Tax District 12, Tax Map 15, Parcels, 93.1 and 93.3; O-I, Office and Institutional District and R-3, Multi-family Residential District. Yeager read the staff report and noted the petitioner’s representative was present. Robert Shuman, representative for the petitioner. Mr. Shuman noted there is nothing specifically planned for this property, but this settles the property clarity between the applicant and Mr. Duff. DeMasters opened the public hearing. Being none the hearing was closed and Staff Recommendation was requested. STAFF RECOMMENDATION: After review, staff recommends that the minor subdivision (lot consolidation) application be approved by the Planning Commission with the following conditions: Morgantown Planning Commission Page 9 of 13 January 11, 2024, Minutes APPROVED  1. The applicant submits a revised survey plat that shows the property to be subdivided, as well the existing zoning designation for the applicable lots and a legal description for the portions of land to be subdivided and consolidated. 2. That the applicant submits at least three (3) original final plat documents, including all access/utility easements, signed, and sealed by a surveyor licensed in the State of West Virginia for the Planning Commission President’s signature. 3. That the final plat is recorded at the Monongalia County Courthouse within thirty (30) days of receiving the executed plat. To fully utilize the new parcel of land created from the minor subdivision and consolidation of property between Dillie Street and Ensign Avenue (now or in the future), staff recommends that the owner petition the Planning Commission rezone the property to one zoning district. Stranko moved to approve based on staff conditions, seconded by seconded by Palmer. Vote was unanimous (7-0-0). D. MNS23-09 / Michael Duff and Barbara Ludlow / 362 Creston Avenue Request by Brenda Page on behalf of Michael Duff and Barbara Ludlow to consolidate the residual portions of property created from the minor subdivision of City Tax District 12, Tax Map 15, Parcels 94, 95, 96 and 97 (Case No. MNS23-08), with City Tax Map 12, Tax Map 15, Parcels 96.1, 97 and 98; O-I, Office and Institutional District and R-3, Multi-family Residential District. Yeager read the staff report and noted the petitioner’s representative was present. See noted that this one involves two different zoning districts. Blosser wanted to confirm that this would be corrected. Staff will recommend this be rezoned in the future. Andrew Bell, Jackson Kelly, representatives for the petitioner. He noted that Mr. Yeager let him know that the remaining parcels would not meet the lot requirements, so decision has been made to consolidate. Public hearing was opened. Being none, the hearing was closed. STAFF RECOMMENDATION: After review, staff recommends that the minor subdivision (lot consolidation) application be approved by the Planning Commission with the following conditions: 1. The applicant submits a revised survey plat that shows the existing zoning designation for the applicable lots. Morgantown Planning Commission Page 10 of 13 January 11, 2024, Minutes APPROVED  2. That the applicant submits at least three (3) original final plat documents, including all access/utility easements, signed, and sealed by a surveyor licensed in the State of West Virginia for the Planning Commission President’s signature. 3. That the final plat is recorded at the Monongalia County Courthouse within thirty (30) days of receiving the executed plat. To fully utilize the new parcel of land created from the minor subdivision and consolidation of property between Dillie Street and Ensign Avenue (now or in the future), staff recommends that the owner petition the Planning Commission rezone the property to one zoning district. See would like to see a condition that that remaining portion be rezoned within the next six months. Mr. Bell said that they will work to get this approved. Motion made by Trumble to approve with added conditions, seconded by Petros. Vote was unanimously approved (7-0-0). V. OTHER BUSINESS: A. Discussion and/or action on proposed ordinance suspending enforcement of subsection E. and J. of Section 1331.07 (27) of the City Code regarding supplemental regulations applicable to restaurant, private club uses. Yeager explained that City Council has requested the Commission to weigh in on this issue. Yeager referenced the Staff Recommendation. Stranko proposes the Commission support the endorsement based on Staff Recommendation. DeMasters commented that he doesn’t believe it is the Commission’s place to weigh in on this, he doesn’t believe that is in our authority. See noted that the Commission looks at the zoning that is in place, but DeMasters noted we make decisions on what is in place, but not when it comes to changing an ordinance. Stranko notes he wants to help out, but does agree with DeMasters that it is not the place of the Commission and that they would be exceeding their authority. Trumble noted that the BZA granted approval for the Apothecary based on the 60/40. The Apothecary was not meeting that requirement and that is just one example that precipitated the action regarding the ordinance. DeMasters states that the City should follow the advice of their own legal counsel, and proceed accordingly. Yeager noted that City Council requests that the Planning Commission bring these changes to City Council in January. DeMasters noted there was a study session following the Planning Commission meeting to review. B. Committee Reports- None. C. Staff Comments- Stranko noted if another employee had been hired, and Yeager noted that we had not. He further mentioned people have been complaining about the timelines and if this is the reason. He asked about the application for the charter Morgantown Planning Commission Page 11 of 13 January 11, 2024, Minutes APPROVED  school and if this was delayed because of Staff. Yeager confirmed that yes this is the reason it was delayed. VI. FOR THE GOOD OF THE COMMISSION VII. ADJOURNMENT: Meeting adjourned at 9:20 p.m. to the study session. MINUTES APPROVED: March 14, 2024 COMMISSION SECRETARY: _____________________________ Rickie Yeager, AICP Morgantown Planning Commission Page 12 of 13 January 11, 2024, Minutes APPROVED Morgantown Planning Commission Page 13 of 13 January 11, 2024, Minutes APPROVED