Planning, Streets and Traffic Committee

Regular Meeting

Charleston, WV · October 15, 2024

Minutes

Planning, Streets and Traffic Committee Tuesday, October 15, 2024, at 5:00 p.m. City Service Center – 915 Quarrier Street – Conference Room Members Present Staff Present Mary Beth Hoover, Chair Dan Vriendt Bobby Haas Becky Ceperley John Gionola Pam Burka Public Cory Stout Maria Belcher 1. Call to Order 2. Unfinished Business 3. New Business Bill No. 8045 - A Bill closing, abandoning, and discontinuing as a public right-of-way a 10 ft by 280 ft right-of-way located between Lots 11-19, Block 13, JB Walker Addition, Charleston West District, Kanawha County, West Virginia. Dan presented the staff notes. This is the second time that PS&T is going through an alley-closing process. This is an “H” alley that had the horizontal portion of the “H” closed a long time ago. Another portion of the alley was closed approximately 20 years ago. It went through all the proper channels, had an appraisal and was approved by Council. A building permit was issued, and a building was built over top the alley. Payment was never made, and a deed was never prepared. The paperwork was never finalized. Now, in the process of wanting to do additional work at this location, Goodwill Industries realized that this alley was never formally vacated. For this reason, the alley-closing is going through the process again. It is worth noting that there is a building over half the portion of the alley. The alley was appraised at $13,000 or $4.50 per square foot. All the relevant city departments have reviewed and approved the request. The bill is making a provision for a 10’ storm sewer easement that runs through the property. Staff recommends closing the alley since it does not disrupt the existing patterns of streets or sidewalks and does not negatively impact traffic flow. The petitioner is the sole property owner on both sides of the alley. MOTION AND VOTE: A motion was made by Becky Ceperley to approve Bill No. 8045. John Gionola seconded the motion. The motion passed by a unanimous vote of 5-0. Bill No. 8046 - A Bill amending the Zoning Ordinance of the City of Charleston, West Virginia, enacted the 1st day of January, 2006, as amended, by amending the regulations related to the adaptive reuse of structures listed on the National Register of Historic Places. 1 Planning, Streets & Traffic Committee October 15, 2024 Dan presented the staff notes. In the interest of full disclosure, this bill is a change to the zoning ordinance, so it is a policy change. This involves The Ruffner at 1500 Kanawha Boulevard at the corner of Ruffner and Kanawha Boulevard. It is a large stately stone house. Cory Stout and Maria Belcher are partners in this project, and they are in attendance if the committee has any questions. Currently, this property is zoned R-10. It is zoned for multi-family residential and can also be used as a professional office. These big houses are really hard to maintain as a single-family dwelling. This same issue occurred with Governor MacCorkle’s Sunrise Mansion. The purpose of Bill No. 8046 is to modify that original bill, which was an adaptive reuse of a historic structure. It was through a conditional use permit that Farmer, Campbell, Cline law offices ended up in a historic structure in a residential neighborhood. With The Ruffner, the owners are proposing to do a bed and breakfast and event space. Those categories are not permitted in the Land Use Table for an adaptive reuse of a historic structure. However, it this use does seem to fit well with this house and other houses in the city appropriate for this type of use. Basically, a bed and breakfast and event venue is being added to the adaptive use of a historic structure. Also, additional language is being modified to make it consistent with an adaptive use of a non-residential structure. The reuse of a structure is being renamed to an adaptive reuse of a historic structure. These two entities are very similar processes that they end up next to each other in the Land Use Table. There is some clean up also involved with the amendment such as a monument sign not to exceed 12’, which is already covered in the sign regulations. Basically, this is expanding what you can ask for with a historic structure as a conditional use permit. The owners of The Ruffner are going to make application for a conditional use permit before the Board of Zoning Appeals where a public hearing will be held, and they will get all the input from the neighborhood. They will have to address parking. The staff recommends approval of Bill No. 8046. MOTION AND VOTE: A motion was made by Beckey Ceperley to approve Bill No. 8046. The motion was seconded by John Gionola. The motion passed unanimously by a vote of 5-0. 4. Discussion 5. Approval of the Minutes of the August 12, 2024, meeting MOTION AND VOTE: A motion was made by Beckey Ceperley to adopt the minutes of the August 12, 2024 meeting. The motion was seconded by John Gionola. The motion passed unanimously by a vote of 5-0. 6. Adjournment 2 Planning, Streets & Traffic Committee October 15, 2024

Agenda

Packet

Planning, Streets and Traffic Committee Monday, October 15, 2024, at 5:00 p.m. City Service Center – 915 Quarrier Street – Conference Room AGENDA 1. Call to Order 2. Unfinished Business 3. New Business Bill No. 8045 - A Bill closing, abandoning, and discontinuing as a public right-of-way a 10 ft by 280 ft right-of-way located between Lots 11-19, Block 13, JB Walker Addition, Charleston West District, Kanawha County, West Virginia. Bill No. 8046 - A Bill amending the Zoning Ordinance of the City of Charleston, West Virginia, enacted the 1st day of January, 2006, as amended, by amending the regulations related to the adaptive reuse of structures listed on the National Register of Historic Places. 4. Discussion 5. Approval of the Minutes of the August 12, 2024, meeting 6. Adjournment EXECUTIVE SUMMARY Subject Identification: The subject property is a 10’ alley between Monongalia & Virginia Streets, in Charleston, West Virginia. The subject is located within Kanawha County, West Virginia. The property is in the Charleston MSA. The area is convenient to this overall region, interstate access and hence employment centers. The property is a 2,800-sf site that is currently an alley. Competent management and maintenance are assumed, and it appears that the current owner has maintained a diligent regimen of property maintenance. Existing Use of Real Estate: Vacant land (corridor/alley) Highest and Best Use: Commercial Zoning: C-10 Occupancy: Improved alley Value: As-is market value Pertinent Dates: Date of Observation: September 16, 2024 Date of Report: September 16, 2024 Date of As-is Value: September 16, 2024 Intended User: ZMM Architects & Engineers & the City of Charleston Intended Use: Potential transfer-related decisions Type of report: Summary J. R. Thornton Project No.: #24-0095 10 Prepared for: ZMM Architects & Engineers RECONCILIATION AND FINAL VALUE ESTIMATE The purpose of this assignment is to develop and report the as-is market value opinion for the 10’ alley between Monongalia & Virginia Streets, Charleston, West Virginia, for the purposes of assisting with decisions related to the potential transfer of the subject property. The value estimates are summarized as follows: The subject property is identified as a downtown alley, essentially a corridor. The appraiser has utilized a modified form of the sales comparison approach, specifically tailored for corridors, known as "across-the-fence value." This method involves assessing the value by comparing the adjacent properties, in this instance, the neighboring bank property. Through this approach, the appraiser has successfully derived a pertinent and dependable estimate of value. Based upon the above considerations, the analyses and conclusions contained within this report and subject to the assumptions, extraordinary assumptions and limiting conditions contained herein, the as-is market value opinion for the subject property as of the date of valuation, September 16, 2024, is:  $13,000  THIRTEEN THOUSAND DOLLARS 12+ MONTH MARKETING TIME J. R. Thornton Project No.: #24-0095 44 Prepared for: ZMM Architects & Engineers Bill No. 8045 Introduced in Council Passed by Council Introduced by Referred to Municipal Planning Commission Michael Ferrell Planning, Streets, and Traffic Committee Finance Committee 1 2 A Bill closing, abandoning and discontinuing as a public right of way, a 10 foot wide by 280 foot 3 long public right of way located between Lots 11, 12, 13, 14, 15, 16, 17, 18, and 19, Block 13, J. 4 Brisben Walker Addition, situated in Charleston West District, Kanawha County, West Virginia. 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF CHARLESTON, WEST VIRGINIA 7 8 1. The 10 foot wide by 280 foot long public right of way located between Lots 11, 12, 13, 9 14, 15, 16, 17, 18, and 19, Block 13, J. Brisben Walker Addition, situate in Charleston West 10 District, Kanawha County, West Virginia, as shown on that certain map entitled 11 “TOPOGRAPHIC DESIGN SURVEY SHOWING GOODWILL INDUSTRIES OF KANAWHA 12 VALLEY, INC” prepared by Mark C. Shamblin, WV Professional Land Surveyor No. 827, dated 13 February 19, 2024, revised July 31, 2024 and attached hereto as Exhibit A. The alley is more 14 particular described as follows: 15 16 Beginning at a point at the intersection of the Westerly side of Virginia Street West and 17 the Northerly side of a 10’ wide alley, said point also being the Southeastern corner to 18 Goodwill Industries of Kanawha Valley, Inc., (Deed Book 2616 at page 211), from which 19 a 3/4” iron pipe found bent bears S89°52’38”W at 0.40’ and another 3/4” iron pipe found 20 on the Westerly side of Virginia Street West bears N29°30’00”W at 430.00’, thence with 21 the Westerly side of Virginia Street West for the following course: 22 23 S29°30’00”E 10.00’ to a point at the intersection of the Westerly side of said Virginia 24 Street Weast and the Southerly side of the 10’ wide alley, thence leaving said Virginia 25 Street West and the Southerly side of the 10’ wide alley for the following course: 26 27 S60°30’00”W 280.00’ to a point at the intersection of the Southerly side of said alley and 28 the Easterly side of Monongalia Street, thence with the Easterly side of Monongalia 29 Street for the following course: 30 31 N29°30’00”W 10.00’ to a point at the intersection of the Easterly side of said Monongalia 32 Street and the Northerly side of the 10’ wide alley, thence leaving said Monongalia 33 Street and with the Northerly side of the 10’ wide alley; 34 35 N60°30’00”E 280.00’ to the place of beginning, containing 2,800 square feet, more or 36 less, more fully described on a plat prepared by Chapman Technical Group, hereto 37 attached and made a part of this description. 38 39 2. The City of Charleston hereby reserves a 10 foot utility easement for the purpose of 40 construction, maintenance, repair, and removal of the drop inlets, manholes, and storm line. No 41 person shall construct improvements or take any other actions which would interfere, or alter the 42 present surface profile or contour of the subject easement without written permission of the City 43 Engineer. 44 45 3. The Mayor of the City of Charleston be, and is hereby authorized and directed to 46 execute, acknowledge and deliver a proper deed conveying to Goodwill Industries of Kanawha 47 Valley, Inc., and their successors in office, all rights, title and interest in and to said real property 48 as described in Section 1 above, for the consideration of Thirteen Thousand dollars and no 49 cents ($13,000.00). 50 51 4. All prior ordinances, or parts of ordinances, inconsistent with this ordinance are hereby 52 repealed to the extent of such inconsistency. Bill No. 8032 Introduced in Council: Adopted by Council: October 7, 2024 Introduced by: Referred to: Municipal Planning Commission Mary Beth Hoover Planning, Streets and Traffic 1 Bill No. 8046 - A Bill amending the Zoning Ordinance of the City of Charleston, West Virginia, adopted 2 January 1, 2006, as amended, by amending the regulations related to the adaptive reuse of structures 3 listed on the National Register of Historic Places. 4 5 Be it Ordained by the Council of the City of Charleston, West Virginia: 6 The Zoning Ordinance for the City of Charleston, West Virginia, effective January 1, 2006, is hereby 7 amended as follows: 8 Sec. 2-020 Definition of Terms 9 Adaptive Reuse of Nonresidential Structures. The process of reusing an existing building for a purpose 10 other than that for which it was built or designed. 11 Adaptive Reuse of a Historic Structure. The process of reusing a building listed on the National Register 12 of Historic Places for a purpose other than that for which it was built or designed. 13 14 Sec. 3-050 Permitted Land Uses LAND USE R-2 R-4 R-6 R-8 R-10 R-O C-4 C-8 C-10 C-12 CBD UCD CVD PMC I-2 I-4 PUD SUPP. Adaptive Reuse of a Nonresidential Structure C C C C 50 Reuse of Structure Adaptive Reuse of a Historic Structure C C C C 40 15 16 Sec. 3-060 Supplemental Regulations Pertaining to the Land Use Table 17 40. The re-use of a structure previously used for non-residential purposes and listed on the National 18 Register of Historic Places shall comply with the following: 19 a. Uses shall be limited to the following: 20 (1) Professional offices such as architects, brokers, counselors, clergy, engineers, 21 insurance agents, real estate agents, lawyers, accountants, editors, publishers, 22 journalists, salespersons, travel agents, and psychologists including such accessory uses 23 that would permit the general public access to the historic structure for community 24 events. Eligible reuses include: 25 Art Gallery, Bed and Breakfast, Event Venue, Multi-Family Dwelling, Museum, 26 Professional Service Establishment, Professional Office. For any other uses not listed, 27 the Board of Zoning Appeals shall determine whether the proposed use is similar as 28 those listed and similar in terms of impact on the neighborhood. A change in use from 29 one eligible use to another requires a new conditional use permit. 30 (2) The BZA shall make the determination whether an unlisted use is similar to a listed 31 permitted use. 32 b. The following performance standards shall be met: 33 (1) The use shall be maintained in an existing structure. 34 (2) Any exterior renovations shall be compatible and comply with the Secretary of the 35 Interior’s Standards for Rehabilitation. 36 (3) No goods, wares, or merchandise shall be commercially stored, displayed, created, 37 exchanged, or sold on the premises. 38 (4) The use may not create a nuisance due to noise, vibration, smoke, electrical 39 interference, dust, heat, glare, or obnoxious odor. 40 (5) No outside storage of equipment or materials shall be permitted. 41 (6) Garbage collection areas shall be completely screened from view. 42 (7) One monument sign not to exceed 12 square feet shall be permitted. The sign shall 43 be reasonably landscaped and properly maintained. 44 (8) The BZA may limit the hours of operation. 45 (9) The BZA may limit the hours that delivery vehicles used to deliver goods are 46 permitted. 47 (10) Requirements for parking shall conform to parking and loading regulations. 48 50. An Adaptive reuse of a nonresidential structure in a residential district shall be regulated as 49 follows: 50 a. The Board of Zoning Appeals must determine the use is compatible with area. 51 b. The Board of Zoning Appeals may limit the hours of operation and/or impose other 52 conditions to fit the particular site under review. 53 c. The use shall be maintained in an existing structure. Additions must comply with the 54 setback requirements of the district in which the building is located. 55 d. No outside storage of equipment or materials is permitted. 56 e. The use shall not create a nuisance due to noise, vibrations, smoke, electrical 57 interference, dust, heat, glare, or obnoxious odor. 58 f. The structure proposed for the adaptive reuse must have historic, architectural, or 59 economic value to the City justifying renovation and preservation, as determined by the 60 Board of Zoning Appeals. 61 g. The Board of Zoning Appeals must determine that the long-term beneﬁts of the 62 proposed adaptive reuse outweigh any negative impact on the surrounding 63 neighborhood and on the City, as compared with the alternative of having the structure 64 demolished or remaining vacant and underutilized. 65 h. The use shall not create unacceptable congestion or traﬃc hazards on the neighboring 66 streets. 67 i. Eligible reuses include: Art Gallery, Assisted Living Facility, Bed and Breakfast, Medical 68 Clinic or Dental, Multi Family Dwelling, Laboratory, Museum, Nursing Home, Professional 69 Service Establishment, Professional Oﬃce. For any other uses not listed, the Board of 70 Zoning Appeals shall determine whether the proposed use is similar as those listed and 71 similar in terms of impact on the neighborhood. A change in use from one eligible use 72 to another requires a new conditional use permit. 73 j. Renovations shall not be so extensive as to strip the building of its historic integrity. 74 Character deﬁning features of historic buildings shall remain intact.