Municipal Planning Commission — Charleston, WV
Date: 2024-02-07
Time: 15:00

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

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
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 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:
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 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