Planning Commission

MORGANTOWN PLANNING COMMISSION MINUTES 6:30 p.m. | February 8, 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. MATTERS OF BUSINESS: A. Approval of meeting minutes from January 11, 2024. Postponed to the next meeting. III. UNFINISHED BUSINESS: A. 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. (Tabled on January 11, 2024) DeMasters asked for a motion to move this to take this off the table, Stranko moved and Palmer seconded. Yeager read the staff report and noted the petitioner was present. Yeager also noted that there is an orange folder provided to each Commission member that has a copy of the PowerPoint as well as a few other documents regarding shared parking facilities. Yeager further noted that Staff went to the Prairie Avenue address and attempted to navigate the traffic pattern and was able to travel through, although it was tight. Yeager further navigated through PowerPoint as provided by the applicant. Yeager noted there is a signed lease agreement with Alpha for the parking. Petros asked about the shared parking facility twenty-year lease agreement. Yeager noted that is what is in the City’s ordinance right now, twenty-year lease Morgantown Planning Commission Page 1 of 6 February 8, 2024, Minutes APPROVED  recorded at the Courthouse. The City’s legal counsel noted that this should be worded to note it is for school purposes only and if they moved, the lease would be void. DeMaster’s asked for confirmation of how this lease is going to work. The property is owned by the Board of Education, but the lease is from Prairie Avenue Properties. DeMaster’s notes that the City Attorney needs to let the Commission know if this is something that is acceptable for us to approve. Discussion continued regarding the pick-up/drop off circulation pattern. Yeager shared illustrations and lease agreements. DeMaster’s asked about 13 cars in the circulation pattern at one time, with volunteers directing traffic off of S. High Street. Yeager noted that the Department of Highways is likely to approve the driveway permit. There will be contingencies included with this approval. Pedestrian safety was discussed regarding concerns from the last meeting. DOH noted that this is an existing building, so they do not see a need for changing the accessibility accommodations. DeMaster’s is still concerned about space. Considering 13 cars are already there, and then there are 65 more cars for pickup and drop off. DeMaster’s asked who will be enforcing this if S. High Street does get blocked with cars waiting to get in. Stranko asked Yeager to finish the Staff Report before continuing discussion. Yeager finished the staff report. Stranko asked exactly what the Commission is approving of. Yeager noted that approval of the proposed site plan for new use of the building. Yeager gave the definition of Development of Significant Impact. This includes DOH, residential, commercial and mixed-use development. Stranko confirmed this is a Development of Significant Impact because of the size. DeMasters noted that he believes we need to approve or disapprove based on what the Commission believes the impact is going to be to the surround area, City as a whole or the transportation network. Stranko believes this is a reasonable explanation. DeMaster’s asked if there were questions for the Planner. Petros asked about the timeframe of pickup and drop off would be, like how long it would take each car to do this. DeMaster’s states morning is between 8:30 and 9:00 a.m. Petros asked how that would be organized, by grade, or what the plan is, Stranko believes this is a red area, that is not for the determination of this Commission. He notes that there is going to be spill out which will affect the neighborhood. Stranko noted that intermittent use of the lot is worse than no use at all in the middle of busy times. Stranko believes that it will. Petros confers with this assumption. Trumble notes there are 14 classrooms, with only using 7 of them. She further notes that Dr. Tarabishy noted there will be potential to expand and eventually move to a new location. Trumble notes that if this happens, the traffic issue will become even worse. Stranko adds that the main concern is safety. DeMasters Morgantown Planning Commission Page 2 of 6 February 8, 2024, Minutes APPROVED  noted there is a line of site issue on Prairie already. Trumble further reads that volunteers will be posted at crosswalks, but that there are no crosswalks existing. Trumble asked about signage and barricades. She noted that this is a state road, and wonders what kind of “barricades” will be used. Yeager noted that he was informed by the applicant that this will be addressed to the Department of Highways. Trumble states that she knows her answer, but that the Commission can continue to debate the issue. DeMasters asked if the Commission would like to hear from the applicant or discuss further. Stranko notes that he believes everyone wants to see this succeed but has safety concerns that need further addressed. Trumble believes in freedom of education as she homeschools her child, but states this is of extreme impact on the City and the adjoining neighborhoods with traffic issues. Petros noted queuing traffic through Morgantown High School and down Prairie would solve this issue, with a right turn only out of the school parking lot. DeMasters asked if there were more questions. He did not believe there was public comment since this was tabled at the last meeting. See asked how long they would have to wait to reapply if it was six months or a year. Yeager did not know exactly how long the time period was, he will need to look it up. DeMasters noted they could appeal to the Circuit Court if denied. Trumble asked if they could take no action. DeMasters noted it needs to be yes or no. Stranko notes that the applicant is present and if he wants to speak, he is open to hearing from him. Dr. Tarabishy stated that the charter school is not a facility with unlimited funding. He notes that if Morgantown High School, with approximately 2000 students, is able to make this work he feels positive they can do the same. Especially with the staggered start times they have proposed. Tarabishy referred to the parking and pick-up/drop off illustration noting how he proposes this will work. Tarabishy notes they are not asking for public street queuing like Morgantown High School is doing but finding alternative ways to deal with the traffic issue. Tarabishy notes that the three owners have used their personal money to buy this building to be able to open as a charter school. He notes that they do not have unlimited funds. He noted that as Ms. Trumble noted they want to add educational options for children with this charter school. He further notes that the combined car park is 57 between the school and Alpha. If Morgantown Planning Commission Page 3 of 6 February 8, 2024, Minutes APPROVED  they need to park, they can, and not be in the circulation line. He notes that anyone hired to evaluate things will be paid for out of their personal funds. He asks that the Commission consider approving this approval. If further documentation is required or requested, he is willing to provide what they need. Trumble notes that they are not debating the merit of charter schools, just the safety issues with pedestrians and traffic. DeMasters states that he feels the cart is before the horse in a sense, noting that all things needed have not been completed and that the applicant is asking for approval before taking care of this. Trumble is questioning enough parking for both businesses, plus the staging area. Petros notes that the Department of Highways will oversee enforcing queuing on High Street. Stranko moves that this proposal will have a negative impact on the surrounding land uses, neighborhood and the City and therefore deny the petition. Seconded by Trumble. DeMasters asked for discussion. See notes that she would like to motion to table. Stranko agrees that he would go along with this if so agreed. Trumble notes that the motion may be withdrawn. Yeager asked to speak with the applicant and noted he would like the opportunity to table the application and pursue further. Stranko withdrew his motion. Trumble withdrew the second. See made a motion to table the application, Stranko seconded. Vote was unanimous. B. MJS22-01 / R&R Holdings 3, LLC / 1345 Van Voorhis Road Administrative request for a two-month extension of the conditionally approved preliminary plat for the La Dolce Vita Subdivision, City Tax District 15, Tax Map 54, Parcels 163, 164 and 165; R-1, Single-Family Residential District. Yeager reported that the applicant is present tonight. In 2022 the subdivision plat was conditionally approved. 2023 the applicant requested an extension on infrastructure improvements. Due to circumstances regarding staffing issues communication has not happened in a timely manner. Staff is requesting a two- month extension on this condition. Motion made to grant extension by Stranko, See seconded. Vote was unanimous. Trumble asked how this could happen in two months. Yeager noted the final plat will be presented in March. IV. NEW BUSINESS: A. MNS24-01 / Woodward Development, LLC / 11 Hartman Run Road Morgantown Planning Commission Page 4 of 6 February 8, 2024, Minutes APPROVED  Request by Devon Shrewsbury on behalf of Woodward Development, LLC for a minor subdivision of City Tax District 14, Tax Map 31, Parcel 16, more commonly known as 11 Hartman Run Road, into two parcels of land; B-2, Service Business District and R-1A, Single-Family Residential District. Yeager read the staff report noting the applicant is present. Devin Shrewsbury, representative for the applicant. She notes they currently own the entire property and are looking to subdivide to be able to put the medical cannabis store in. DeMasters opened public hearing. Being none, the public 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 property to be subdivided and demarcates the two zoning designations associated therewith, as well as a legal description for the new parcel of land; or The applicant submits a revised survey plat that identifies the two zoning designations, as well as a legal description for the new parcel of land and petitions the Planning Commission to rezone the new parcel of land to a B-2, Service Business District. 2. The applicant submits a letter of service availability to staff from the Morgantown Utility Board regarding water, sewer, and stormwater services for the proposed and residual portions of land. 3. 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. 4. That the final plat is recorded at the Monongalia County Courthouse within thirty (30) days of receiving the executed plat. DeMasters asked for a motion. Stranko moved to approve based on staff conditions, seconded by Blosser. Vote was 5-1 in favor. V. OTHER BUSINESS: A. Committee Reports- None. B. Staff Comments- Yeager noted that Brennan Williams has been appointed as a new member and will be at the next meeting. There will be a March meeting including the Morgantown Planning Commission Page 5 of 6 February 8, 2024, Minutes APPROVED  Smoke and Vape land use classification. Trumble asked Yeager to recommend Mr. Williams watches the last two Planning Commission meetings to review the tabled application. VI. FOR THE GOOD OF THE COMMISSION VII. ADJOURNMENT: Meeting adjourned at 7:38 p.m. MINUTES APPROVED: March 14, 2024 COMMISSION SECRETARY: _____________________________ Rickie Yeager, AICP Morgantown Planning Commission Page 6 of 6 February 8, 2024, Minutes APPROVED