morgantown planning commission

Morgantown Planning Commission

MEETING PACKET

Thursday, September 12, 2019 6:30 p.m.

City Council Chambers

Planning Commissioners: Peter DeMasters, 6th Ward

President

Carol Pyles, 7th Ward Vice-President

Sam Loretta, 1st Ward

Tim Stranko, 2nd Ward

William Blosser, 3rd Ward

Bill Petros, 4th Ward

Michael Shuman, 5th Ward

Gigi Villarreal, Admin.

Ronald Dulaney, City Councilor

Development Services Department Christopher M. Fletcher, AICP, Director

John Whitmore, AICP, Planner III

PC Meeting Packet of 25 09/12/2019

Morgantown Planning Commission Page 1 of 2 Pre-Meeting Announcement

Planning Commission Pre-Meeting Announcement

Good evening and welcome to the regular/special meeting of the City of Morgantown Planning Commission. Please turn off all cell phones or other devices that may disrupt these proceedings. The Planning Commission conducts business in the following order:

(1) There will be a general public comment portion when anyone who wishes to address the Planning Commission may do so, but only on matters that are not on the agenda. There will be a five (5) minute time limit for speakers. All recognized speakers must approach the podium, state their name and address for the record, and speak clearly into the microphone. Speakers are notified that irrelevant comments or comments of a personal nature or personal attacks may result in the speaker forfeiting their opportunity to participate in the general public comment portion.

(2) We review, amend, and approve minutes of the previous meeting.

(3) We consider any Unfinished Business from previous meetings.

(4) We move on to New Business items. First, we introduce the item and the Planning Division representative presents the Staff Report.

(5) Next, we ask the petitioner to make a presentation. Planning Commissioners may ask the petitioner questions at that time.

(6) I will then open a Public Hearing to hear testimony in support of, or in opposition to, the request. Rules regarding public testimony are as follows:

(a) Anyone wishing to testify during the public hearing may do so once recognized. Each recognized speaker must approach the podium, state their name and address for the record, and speak clearly into the microphone.

(b) All comments must be addressed to the Commission. Speakers are notified that irrelevant comments or comments of a personal nature or personal attacks may result in the speaker forfeiting their opportunity to participate in the public hearing.

(c) All speakers will be limited to five (5) minutes. If members of the Commission have any questions of the speaker, that time will not be counted toward the speaker’s five (5) minutes.


Morgantown Planning Commission Page 2 of 2 Pre-Meeting Announcement

(d) If there is a large number of speakers, including many who are part of groups or organizations, I may, to avoid repetitive comments, elect to ask for a representative to speak on behalf of the group or organization.

(e) I may elect to recognize the applicant/agent at the end of the public hearing to provide rebuttal or additional comments, which will be limited to five (5) minutes. If members of the Commission have any questions of the applicant/agent, that time will not be counted toward the applicant’s/agent’s five (5) minutes.

(7) After all testimony is heard, I will declare the Public Hearing closed and no further public comment will be permitted. At that time, no one in the audience may speak again unless a Planning Commissioner asks a question. If someone is asked a question, they must come to the microphone and identify themselves once again before answering.

(8) Next, the Planning Commission will discuss and take action on the application.

(9) Once the vote is final, members of the audience who were present for that particular case may leave, if they wish. In order not to disrupt the meeting, people who choose to leave must go to the bottom of the stairs before carrying on a quiet discussion.

(10) Uncivil, unruly, and/or disruptive behavior at any time during this meeting is prohibited and will result in removal from this public meeting.

Thank you for your consideration and respect for these proceedings and the opinions of all meeting participants.


Intentional Blank Page


MORGANTOWN PLANNING COMMISSION September 12, 2019

6:30 p.m. Council Chambers

Page 1 of 1

President: Peter DeMasters, 6th Ward

Vice-President: Carol Pyles, 7th Ward

Planning Commissioners: Sam Loretta, 1st Ward





Ronald Dulaney, City Council

Gigi Villarreal, City Admin.

Development Services Christopher Fletcher, AICP

Director

Planning Division John Whitmore, AICP

Planner III

389 Spruce Street

Morgantown, WV 26505 304.284.7431

If you need an accommodation, please contact

304-284-7431 or TDD 304-284-7512

A G E N D A

I. CALL TO ORDER AND ROLL CALL

II. GENERAL PUBLIC COMMENTS – concerning matters not on the agenda

III. MATTERS OF BUSINESS A. Approval of the July 11, 2019 meeting minutes.

IV. UNFINISHED BUSINESS:

V. NEW BUSINESS: A. MNS19-13 / Libby LLC / 230 Quay Street: Request by David Liberatore on

behalf of Libby LLC for minor subdivision approval of property located at 230 Quay Street. Fourth Ward Tax District, Tax Map 20, Parcels 215 and 216; R-3, Multi-Family Residential District & SCOD, Sunnyside Central Overlay District.

B. RZ19-04 / Administrative / Zoning Map Replacement: Administratively requested replacement of current “Official Zoning Map” with updated zoning map to reflect Monongalia County Assessor’s digitized cadastral data and to remedy cartographic errors in the current zoning map.

VII. OTHER BUSINESS A. Committee Reports

• Traffic Commission

• Other Committees

B. Staff Comments

VIII. FOR THE GOOD OF THE COMMISSION

IX. ADJOURNMENT


Morgantown Planning Commission Page 1 of 2 July 11, 2019 Minutes D-R-A-F-T

MORGANTOWN PLANNING COMMISSION

MINUTES

6:30 p.m. July 11, 2019 Council Chambers

COMMISSIONERS PRESENT: Peter DeMasters, Carol Pyles, William Blosser, Sam Loretta, Bill Petros, Michael Shuman, and Tim Stranko

COMMISSIONERS ABSENT: Gigi Villarreal and Ron Dulaney

STAFF PRESENT: John Whitmore, AICP

I. CALL TO ORDER/ROLL CALL: DeMasters called the meeting to order at 6:30 p.m. and read the standard explanation of the how the Planning Commission conducts business and rules for public comments.

II. GENERAL PUBLIC COMMENTS: None.

III. MATTERS OF BUSINESS: A. Approval of the June 13, 2019 meeting minutes. Stranko moved to approve as

presented; seconded by Petros. Motion carried unanimously.

IV. UNFINISHED BUSINESS: None.

V. NEW BUSINESS:

A. MNS19-12 / Kyle / 427 Mississippi Street: Request by Ronald Kyle for minor subdivision approval of property located at 427 Mississippi Street; First Ward District, Tax Map 40, Parcels 588.1 and 588.6; R-1A, Single-Family Residential District.

Whitmore presented the Staff Report and provided further explanation on the petition.

DeMasters recognized Ronald Kyle of 427 Mississippi Street who concurred with the Staff Report and noted they are renovating the home to accommodate them in their retirement.

There being no comments or questions by the Planning Commission, DeMasters asked if anyone was present to speak in favor of or in opposition to the petition. There being none, DeMasters closed the public hearing and asked for staff’s recommendation, which was read by Whitmore.

Stranko asked for further explanation on the Staff recommended conditions in the Staff Report.

Whitmore provided further explanation and noted both conditions are stated in the Planning and Zoning Code.


Morgantown Planning Commission Page 2 of 2 July 11, 2019 Minutes D-R-A-F-T

Pyles asked if there is a preferred condition. Whitmore explained the petitioner has the option to choose either condition and noted there is a cost difference between the two, as one requires a survey.

Stranko moved to approve MNS19-12 with Staff recommended conditions; seconded by Loretta. Motion carried unanimously.

VI. OTHER BUSINESS A. Committee Reports

• Traffic Commission Report: No report.

• Other Committees: No reports.

• Staff Comments: Whitmore stated there will be three town hall meetings to address annexation and listed the dates.

VII. FOR THE GOOD OF THE COMMISSION: None.

VIII. ADJOURNMENT: 6:39 PM

MINUTES APPROVED: COMMISSION SECRETARY: _____________________________ Christopher M. Fletcher, AICP



6:30 p.m. City Council Chambers

Page 1 of 2











Director

John Whitmore, AICP Planner III

Planning Division

389 Spruce Street

Morgantown, WV 26505 304.284.7431

S T A F F R E P O R T

CASE NO: MNS19-13 / Libby LLC / 230 Quay Street

REQUEST and LOCATION: Request by David Liberatore on behalf of Libby LLC for minor subdivision approval of property located at 230 Quay Street.

TAX MAP NUMBER (s) and ZONING DESCRIPTION: Fourth Ward Tax District, Tax Map 20, Parcels 215 and 216; R-3, Multi-Family Residential District & SCOD, Sunnyside Central Overlay District.

SURROUNDING ZONING: North, East, and South: R-3, Multi-Family Residential District & SCOD, Sunnyside Central Overlay District West: R-3, Multi-Family Residential District & SSOD, Sunnyside South Overlay District

BACKGROUND and ANALYSIS: The petitioner seeks to consolidate parcels 215 and 216 into one parcel. Addendum A of this report illustrates the subject site.

Both parcels are considered nonconforming because they are less than the R-3 District minimum lot area standard of 4,000 square feet. Specifically, each of parcels is currently 2,120 square feet in area (40’ wide X 53’ deep).

The combined parcel area will be approximately 4,240 square feet, which exceeds the minimum R-3 lot area standard and will eliminate the current nonconforming status of the two parcels.

The frontage of the combined parcel will be approximately 80 linear feet, which exceeds the R-3 minimum lot frontage standard (40 feet).

It should also be noted that the proposed consolidation of the parcels will eliminate what




Page 2 of 2











Director


Planning Division

389 Spruce Street

Morgantown, WV 26505 304.284.7431

appears to be an existing side setback encroachment by the structure on Parcel 215 addressed as 230 Quay Street.

STAFF RECOMMENDATION: Staff recommends approval of the subdivision either:

A. By survey plat with the following conditions: 1. That the petitioner submit 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; and,

2. That the final plat is recorded at the Monongalia County Courthouse within thirty (30) days of receiving the executed plat.

OR

B. By covenant restriction in accordance with Article 1363.02(B)(3) of the City’s Planning and Zoning Code with the condition that the petitioner place the following covenant notation on the recorded deeds for the subject parcels and submit a certification of its recording to the Planning Division:

“For planning and zoning purposes, the lot described herein shall be considered as part and parcel of the adjacent lot owned by <Insert Owners Names> pursuant to deeds recorded at Deed Record Book No. <Insert Deed Book>, Page <Insert Deed Page> in the Office of the Clerk of the County Commission of Monongalia County. The real estate described herein shall not be considered to be a separate parcel of real estate for land use, development, conveyance or transfer of ownership, without having first obtained the expressed approval of the Morgantown City Planning Commission. This restriction shall be a covenant running with the land.”

Enclosure: Application and accompanying exhibits


STAFF REPORT ADDENDUM A MNS19-13 / Libby LLC / 230 Quay Street

Staff Report Addendum A Page 1 of 2 MNS19-13

Clipped from Google Maps

Clipped from Google Maps


STAFF REPORT ADDENDUM A MNS19-13 / Libby LLC / 230 Quay Street

Staff Report Addendum A Page 2 of 2 MNS19-13




Page 1 of 3











Director


Planning Division

389 Spruce Street

Morgantown, WV 26505 304.284.7431

S T A F F R E P O R T

CASE NO: RZ19-04 / Administrative / Zoning Map Replacement

REQUEST: Administratively requested replacement of current “Official Zoning Map” with updated zoning map to reflect Monongalia County Assessor’s digitized cadastral data and to remedy cartographic errors in the current zoning map.

BACKGROUND: The City’s current zoning map was adopted in whole in 2006 as a part of the major zoning ordinance update project. The digital data of the zoning district boundaries has been maintained to included map amendments passed by City Council since 2006. The 2006 zoning map is based on a digital shapefile of tax parcel mapping constructed through a state-wide project in the 1990’s with the assistance of the West Virginia GIS Technical Center at West Virginia University.

Monongalia County Assessor Mark Musick and his staff have completed the enormous task of converting tax parcel mapping from a paper format to a digital GIS platform since 2015. The quality and accuracy of the County Assessor’s digital cadastral spatial data (tax parcel mapping) has been a significant enhancement. Accordingly, the City’s “Official Zoning Map” should be adjusted to match the County Assessor’s admirable efforts.

The Assessor’s Office has been extremely helpful in providing its digital cadastral spatial data to the City as a foundation for City advancement of its GIS capabilities. City Council and City Administration have and continue to invest resources to build its operational GIS capacity, including recently hiring a full-time GIS Analyst.

Because the Planning Division has continued to maintain the digital zoning district spatial data [shapefile], the City is able to place this digital information online. An online presence significantly increases customer access to and utilization of this information. Additionally, GIS-based zoning classification information and online access permits the public to integrate the City’s zoning districts with a broad spectrum of other spatial data (e.g., tax parcels, roadways, topography, water, public lands, etc.).

To properly make this transition, the City’s digital zoning spatial data must align with the County Assessor’s digital cadastral spatial data. Because of the extent of this work, the proper path to adopting these adjustments is to replace the existing “Official Zoning Map” with the higher quality spatial data.

At a workshop on MON, 04 FEB 2019, Staff presented the Commission with progress on this project. The Commission directed Staff to complete one final quality control review of edits to the zoning classification spatial data before presenting the final product for review by the Commission and recommendation to City Council. This work is now complete and ready to proceed for review and adoption.




Page 2 of 3











Director


Planning Division

389 Spruce Street

Morgantown, WV 26505 304.284.7431

ANALYSIS: There are approximately 11,000 vertices in the City’s zoning classification shapefile, each requiring manual adjustment to coincide with the Assessor’s cadastral data (tax parcel mapping). Because of the granular nature of this work, Staff identified a number of instances in the current zoning spatial data that appear to be potential cartographic errors. These errors have been addressed, unless a correction would result in a change in the zoning classification for a parcel. Addendum A of this report provides examples of cartographic errors that have been corrected throughout the zoning data.

Remaining anomalies where a parcel is bifurcated by two or more zoning districts can and should be reviewed separately. However, exploring why these anomalies exist and what potential corrections could be pursued was not included in this project. Specifically, Staff has remained focused on arriving at an official zoning map that replicates the quality, care, and accuracy of the County Assessor’s cadastral data.

The only exception to Staff avoiding modification of the zoning classification for a specific parcel is a portion of Marilla Park. The following three images illustrate the current and proposed zoning classifications for property owned by the City and currently programmed and used as Marilla Park. The proposed adjustment would eliminate the I-1, Industrial classification of that portion of the Marilla Park so that the zoning classification for the entire park is R-1A, Single-Family Residential classification.

Current Proposed

Current

R-1A

R-3 R-1

R-1A

B-1

I-1 R-1A

R-3 R-1

R-1A

B-1

I-1

R-1A

R-3 R-1

R-1A

B-1

I-1




Page 3 of 3











Director


Planning Division

389 Spruce Street

Morgantown, WV 26505 304.284.7431

STAFF RECOMMENDATION: Staff advises the Planning Commission to recommend to City Council that the current “Official Zoning” map be replaced in its entirety with the map provided as Addendum B to this report.

Enclosure: Application and accompanying exhibits


STAFF REPORT ADDENDUM A RZ19-04 / Administrative / Zoning Map Replacement

Staff Report Addendum A Page 1 of 3 RZ19-04


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GILMORE ST

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MILLER ST

LILLIAN ST

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GALUSKY LN

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LASHLEY ST

BRAEWICK DR

FORMAN DR

EDGEWOOD ST

AVALON ST

OLD RIVE

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TAKOMA ST

RICHARD AVE

HAYES AVE

MCCARTNEY AVE

COMM

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DR

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MCCOY AVE

ROGERS ST

SPARROW LN

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ELMER PRINCE DR

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NORDIC DR

MCCULLOUGH AVE

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GREENBRIAR ST

JOHN ST

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JOHNSON AVE

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NOLAN ST

SKYLINE DR

SCHLEY ST

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NORTHWOODS DR

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HONT

AS AV

E

HARV

ARD A

VE

BAILES ST

4TH AVE JOHNSON LN

SPENCER AVE

BLUE GRASS VLG

ROSE ST

HARL

EY D

R

SNYD

ER ST

WHITE OAK DR

ROSS LN

DISTRICT DR

HOUGH ST

FULMER ST

POPL

AR ST

COX PL

SUNSET DR

COTT

AGE S

T

HOUSTON DR

EASTON AVE

REID ST

PARK

VIEW

DR

SANTANA PL

DOWNS AVE

WOOD

RIDGE

ST

ST CLAIRS VLG

ORCHARD XING

CORB

IN VL

G

WISCONSIN AVE

EVERLY ST

ASH LN

OLIVE

R ST

DIAMOND CT

BEACON ST

W FR

ONT S

T

RESEARCH WAY

GIFFORD AVE

DOUG

LAS A

VE

HILL SIDE DR

ONTARIO ST

MARY LN

ZARA

DR

ELKINS DRWILLOW LN

CARSON ST

CHEAT RD

I 68 OFF RAMP

I 68 ON RAMP

UNION AVEDOGWOOD AVE

POLING AVE

CHESTNUT RIDGE RD

DENT

S RUN

RD

I 79

MAPLE AVE

I 79 E

XT RA

MP

HESS ST

PARKVIEW DR

LOUIS

E AVE

I 68

I 79

BOSTON ST

I 68

SABRATON AVE

ELYS

IAN AV

E

I 68 EXT/ENT RMP

MILLER ST

PARK ST

BUCKHANNON AVE

POLING AVE

I 68 O

N RA

MP

MONA VLG

LegendMorgantown Corporate Boundary

Zoning Map Replacement (2019)Zoning Districts

R-1R-1AR-2R-3PROO-IB-1B-2B-4B-5I-1PUD

RZ19-04 / Administrative / Zoning Map ReplacementSTAFF REPORT ADDENDUM B

I

0 0.5 10.25Miles


morgantown planning commission

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