Planning Commission

MORGANTOWN PLANNING COMMISSION MINUTES 6:30 p.m. November 9, 2017 Council Chambers COMMISSIONERS PRESENT: Peter DeMasters, William Blosser, Tim Stranko, Sam Loretta, Ron Dulaney, Jr. Carol Pyles, Bill Petros and Michael Shuman COMMISSIONERS ABSENT: None STAFF PRESENT: Christopher M. Fletcher, 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 October 12, 2017 meeting minutes. Stranko moved to approve as presented; seconded by Dulaney. Motion carried unanimously with Pyles and Petros abstaining due to their absence. B. Approval of the 2018 Planning Commission Hearing Calendar. Stranko moved to approve as presented; seconded by Blosser. Motion carried unanimously. IV. UNFINISHED BUSINESS: A. TX17-11 / Administrative / Hostels: Administratively requested Zoning Text Amendments to Article 1329 concerning Hostel uses. TABLED AT THE 12 OCT 2017 MEETING. Stranko moved to remove TX17-11 from the table; seconded by Shuman. Motion carried unanimously. Fletcher referred to the Staff Report Supplement noting concerns expressed at the October 2017 Planning Commission hearing were identified and explored. Fletcher stated that Staff prepared three approaches and provided further explanation on those approaches to Commissioners which included “Hostel Lite”, “Hostel Plus”, and “Hostel Modified”. Stranko expressed favor in having customers access the Planning and Zoning Code and it being easily understandable. DeMasters agreed and expressed the Code needs to be in “black and white” and if it something is not prohibited then it is allowed. Stranko stated his support with the “Hostel Plus” alternative as it would be easy to understand when accessing the Planning and Zoning Code. Morgantown Planning Commission Page 1 of 4 November 9, 2017 Minutes Dulaney expressed that he struggled with the current definition of “hotel” as it reads now as it would not exclude a “hostel” and questioned why the need to introduce a new use. He suggested keeping the definition of hotel and add an extended stay hotel definition which would resolve the 30-day dilemma. Fletcher referred to the current definition of “hotel” and stated there are challenges with the inability to use a portion of the building and the ability to have a caretaker residence on-site. Fletcher noted the person presenting the contemplated business plan could not be associated with any of the existing uses in the Planning and Zoning Code in a way that would permit the business plan to move forward. Fletcher stated Staff must find an existing use that is most comparable to a contemplated use as the long-held understanding in West Virginia is that local zoning regulations may not exclude or “zone out” a locally unwanted land uses. Fletcher explained once a use is established, it is addressed in the permitted land uses table to determine where permitted, either by-right or with conditional use approval, and then regulated, if necessary, with supplemental regulations. Stranko referred to the extended-stay definition and asked why the 30-day time frame is relevant and why the definition should be different than a hotel. Fletcher stated he did not feel the 30-day time frame was necessary but more for enforcement purposes. Dulaney expressed the 30-day time frame is a way to define transiency. Stranko expressed that the number of days is not relevant but rather attention to regulate the activity going on in the establishment. Fletcher agreed but noted there can be challenges in a college town necessitating a distinction between “hotel” and “lodging and room” uses. Fletcher referred to the “Hostel-Plus” approach and noted there may be unexpected instances when a person or family has to stay longer than 30 days, such as a house fire, domestic violence situation, etc. Stranko expressed favor in the “Hostel Plus” for the sake of clarity and completeness. Fletcher noted he understands the Hotel Morgan has registered their rooms as rental units in the past to ensure compliance should longer-term stays be necessary for their business. Fletcher referred to Dulaney’s suggestion with adding extended stay to the “Hostel-Lite” approach and suggested to review “Hostel Modified” as the transient element was left out of hotel. DeMasters questioned if the Commissioners should decide on which approach they favor the best and then offer a public comment period at the next hearing. Stranko agreed as it may not have been properly noticed. Planning Commissioners agreed to offer public comment followed by a discussion prior to decision. There being no further comments or questions by the Commission, DeMasters asked if anyone was present to speak in favor of or in opposition to the text amendments. Morgantown Planning Commission Page 2 of 4 November 9, 2017 Minutes DeMasters recognized Jinnie Simmons of 127 Willowdale Road who expressed concerns with forcing a choice on the three options and stated they are neglecting Commissioner Dulaney’s comment to modify the definition of hotel. There being no further public comments, DeMasters declared the public portion closed Stranko asked Fletcher which approach would be most effective from a planning standpoint. Fletcher expressed that approach 3, “Hostel Modified”, would be most favorable. Pyles referred to the wording in “Hostel-Modified” and asked if they included all characteristics of a hotel. Fletcher expressed he did not feel the term “hotel” was necessary as it is stated there is a lodging accommodation in the establishment. Stranko expressed the word “commercial” should be included. Loretta expressed that the definitions need to clearly separate a hotel from a hostel. Stranko moved to forward a favorable recommendation to City Council for TX17-11 as presented to include a change in wording from “hotel establishment” to “commercial establishment”; seconded by Petros. Motion carried 6-2 with Dulaney and Shuman voting “nay”. V. NEW BUSINESS: A. MNS17-14 / Swager / 125 Richmond Avenue: Request by Eric Swager, on behalf of Linda Albuquerque, for minor subdivision approval of property located at 125 Richmond Avenue; Tax Map 41, Parcel 38; R-1A, Single-Family Residential District. Fletcher presented the Staff Report noting the petitioner requested Staff to represent the petition. There being no comments or questions by the Commission, DeMasters asked if anyone was present to speak in favor of or in opposition to petition. There being none, DeMasters declared the public portion closed and asked for Staff recommendations, which were read by Fletcher. Stranko moved to approve MNS17-14 with the Staff recommended conditions; seconded by Dulaney. Motion carried unanimously. VI. OTHER BUSINESS A. Committee Reports • Collaborative Planning Advisory Committee: Fletcher stated the Committee has not met but gave direction to various organizational Staff to work on State Code amendment language for the Urban Growth Boundary. • Traffic Report: No report. • Green Team: No report. Morgantown Planning Commission Page 3 of 4 November 9, 2017 Minutes  • Staff Comments: Fletcher informed Commissioners that Julie Robison was appointed by City Council to fulfill the vacant position representing City Administration. Fletcher noted the Area 2 Future Study Area is nearing conclusion and they are in the process of trying to reach out to the Woodburn Neighborhood Association. Fletcher stated a presentation before the Planning Commission is planned to happen in January 2018. Fletcher reminded the Commission that a workshop would immediately follow the Commission’s business meeting. The purpose of the workshop is to study zoning provisions concerning mixed and multi-use development VII. FOR THE GOOD OF THE COMMISSION: None. VIII. ADJOURNMENT: 7:29 p.m. MINUTES APPROVED: December 14, 2017 COMMISSION SECRETARY: _____________________________ Christopher M. Fletcher, AICP Morgantown Planning Commission Page 4 of 4 November 9, 2017 Minutes