Municipal Planning Commission

Municipal Planning Commission City Service Center – 915 Quarrier Street – Suite 6 Wednesday, February 7th, 2024 3:00 p.m. Agenda 1. Call to Order 2. Unfinished Business 3. New Business Rezoning: Bill No. 8025 - A Bill amending the Zoning Ordinance of the City of Charleston, West Virginia, enacted the 1st day of January 2006, as amended, and the map made a part thereof, by rezoning from a R-6 district to a C-8 district, the parcel of land identified as 403 53rd St SE, Kanawha City District, Tax Map 12, Parcel 138 in the City of Charleston, Kanawha County, State of West Virginia. Subdivision: Preliminary plat approval of subdivision at 1013 Walnut Road. 4. Minutes of the January 10, 2023 MPC meeting 5. Announcements Presentation: Presentation and review of the 2023 Planning Department Annual Report 6. Adjournment *Meetings may be recorded and broadcast via internet https://charlestonwv.civicclerk.com  Bill No. 8025 Introduced in Council: Adopted by Council: February 5th, 2024__ _ __ Introduced by: Referred to: Municipal Planning Commission Bruce King Planning, Streets and Traffic 1 Bill No. 8025 – A Bill amending the Zoning Ordinance of the City of Charleston, West Virginia, 2 enacted the 1st day of January 2006, as amended, and the map made a part thereof, by rezoning 3 from a R-6 district to a C-8 district, the parcel of land identified as 403 53rd St SE, Kanawha City 4 District, Tax Map 12, Parcel 138 in the City of Charleston, Kanawha County, State of West 5 Virginia. 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CHARLESTON, WEST VIRGINIA 8 THAT: 9 10 1. The Zoning Ordinance of the City of Charleston, West Virginia, enacted the 1st day 11 of January 2006, as amended, is hereby amended by rezoning from a R-6 district to a C-8 district 12 the whole of the following described lot or parcel of land: 13 14 Parcel No. 138 as shown on Kanawha City Tax Map No. 12. Subject parcel commonly 15 known as “PT LTS 15-16 BK 164 40X50 53RD ST 403” 403 53rd, Charleston, West 16 Virginia. Said tax map is of record on the Planning Office. 17 18 2. The Zoning Map, attached to and made a part of said Zoning Ordinance, is hereby 19 amended in accordance with Section 1 of this Ordinance. 20 21 3. All prior ordinances, or parts of ordinances, inconsistent with this Ordinance, are 22 hereby repealed to the extent of said inconsistency. 23 24 25  City of Charleston, West Virginia TRANSMITTAL TO: Building Department City Engineer Planning Department Sanitary Board Traffic Operations CURA Fire Department FROM: Permit Coordinator 1/24/2024 C/O Building Department PROJECT OWNER NAME: LANE CORPORATION PROJECT DESCRIPTION: PERMIT NUMBER: SUB-23-0573 PROJECT ADDRESS: 1013 WALNUT RD CHARLESTON, WV 25314 CONTRACTOR: APPLICANT: LANE CORPORATION Please review the attached materials and return your comments with the necessary approvals or conditions. Plans should be stamped by your department, signed and dated, and comments returned on this form or an attachment. REVIEW: This project is approved as submitted: This project requires the following/or attached revisions or addtional information: COMMENTS: Reviewed By Date  Municipal Planning Commission City Service Center – 915 Quarrier Street – Suite 6 Wednesday, January 10, 2023 3:00 P.M. Members Present Members Absent Aric Margolis, Architect, Chairman Adam Krason Quintie Smith JoEllen Zacks Shawn Taylor Justin Marlow Cory Stout Lisa Fischer Casto Mary Beth Hoover Alice Hypes Staff Present Shannon Ferrari Dan Vriendt Terri Allen, Mayors Designee Brady Campbell Doug Hartley Alex Zurbuch J.D. Stricklen, Kanawha Co. Representative 1. Call to Order 2. Unfinished Business 3. New Business Annexation: Bill No. 8022 A bill providing for the annexation into the City of Charleston of parcel 1.1, Map 9, District 19, commonly referred to as the City Landfill, near the road known as Landfill Pt. Dan presented the staff analysis and recommendation to the MCP. This involves city-owned property that is currently located outside the city limits. It is located behind the landfill. There has been a lot of discussion about the landfill closing in a couple of years due to being at capacity. There has been discussion about the landfill being used as a transfer station and to haul everything to a landfill in Putnam County. Aric asked at what point could the landfill be buildable property, if ever. Dan said he did not think it could ever be buildable due to the restrictions. There may be a possibility of using this property for recreation purposes, such as walking trails, pavilions, etc., due to the Wallace Hartman Nature Preserve in that area and Graff Lane Land Company also owns property in the area. They have entertained the idea of allowing connectivity between their property and the Wallace Hartman Nature Preserve, with the goal of building a trail all the way to Kanawha State Forest. The question was asked about an isolated island that would be created if the trail was built and if there was an up or down-side to that. Dan said that property is owned by the Union Mission. It is one parcel that connects to their campus. Dan has a call into them to see if they would agree to be 1 Municipal Planning Commission January 10, 2024 annexed. There are no legal issues, and all the development potential is in the city limits. It makes it much cleaner having it within the city limits. He is hoping the Union Mission will agree. There are various ways to accomplish annexation. There is annexation by election, an annexation without election and annexation by minor boundary adjustment. Planning is doing annexation by petition, which requires a majority of the freeholders and a majority of the qualified voters in favor of the annexation. Recommendations and Findings by the Staff: The Planning Department recommends approval for the following reasons: 1. The petitioner is the sole property owner; therefore, the request meets the majority rule for annexation without an election. 2. The property to be annexed is already integrated with a vital city service. 3. The City will be able provide city services to the area without any undue burden. Aric asked if there was any information for the staff. Hearing and seeing none, Aric asked that motion be made. Motion and Vote: Doug Hartley made a motion to approve Bill No. 8022. The motion was seconded by Shannon Ferrari and passed by a unanimous vote of 10-1, with Quintie Smith abstaining from the vote. Rezoning: – Bill No. 8024 A Bill amending the Zoning Ordinance of the City of Charleston, West Virginia, enacted the 1st day of January 2006, as amended, and the map made a part thereof, by zoning the previously unzoned parcel to a R-4 district, the parcel of land located at parcel 1.1, Map 9, District 19, commonly referred to as the City Landfill, near the road known as Landfill Pt. Dan presented the staff analysis and recommendation to the MPC. Aric brought up the restrictions on building now or in the future and asked how long those restrictions would be applicable. Dan said he does not know how long the restrictions remain in place. Recreational use is permitted. Residential use is prohibited for health and safety reasons. Although it is zoned R-4, it can never be used for housing. Dan said park spaces is permitted use in an R-4 district. Aric asked if there were any questions for the staff. There was a question concerning the inability to use the landfill for housing. Aric stated that housing was a restricted use on property that had been a former landfill. Dan said it was also a prohibited use according to the deed restrictions. J.D. pointed out that it was better zoned as an R-4 because it is easier to zone up than zone down. Aric asked if there were any further questions for Dan. Hearing and seeing none the case was closed and Aric asked that a motion be made. Recommendations and Findings by the Staff: Staff recommends approval for the following reasons: 2 Municipal Planning Commission January 10, 2024  1. The zoning is consistent with the future land use map, 2. The zoning allows for the parcel to be cohesively incorporated into the existing zoning map, and 3. The rezoning avoids spot rezoning by conforming the proposed residential zoning to the development trends of the residental area surrounding it. Motion and Vote: Shawn Taylor made a motion to approve Bill No. 8024. The motion was seconded by Cory Stout and passed by a unanimous vote of 10-1, with Quintie Smith abstaining from the vote. 4. Minutes of the December 6, 2023 MPC meeting A motion was made by Shawn Taylor to adopt the minutes of the December 6, 2023 MPC Meeting. The motion was seconded by Quintie Smith and the motion passed by a unanimous vote of 11-0. 5. Announcements 6. Adjournment 3 Municipal Planning Commission January 10, 2024