Planning Commission

MORGANTOWN PLANNING COMMISSION MINUTES 6:30 p.m. February 8, 2018 Council Chambers COMMISSIONERS PRESENT: Sam Loretta, Ron Dulaney, Jr., William Blosser, Julie Robison, Tim Stranko and Michael Shuman COMMISSIONERS ABSENT: Peter DeMasters, Carol Pyles and Bill Petros STAFF PRESENT: Christopher M. Fletcher, AICP I. CALL TO ORDER/ROLL CALL: Loretta 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. Stranko nominated Loretta to be temporary President due to DeMasters and Pyles absence; seconded by Shuman. Motion carried unanimously with Loretta abstaining. II. GENERAL PUBLIC COMMENTS: Loretta recognized Renee Hernandez of 73 Louise Avenue who urged the Planning Commission to support services towards disabled people and affordable housing. III. MATTERS OF BUSINESS: A. Approval of the January 11, 2018 meeting minutes. Stranko moved to approve as presented; seconded by Robison. Motion carried unanimously with Shuman abstaining due to his absence. IV. UNFINISHED BUSINESS: A. TX17-11 / Administrative / Hostels: Administratively requested Zoning Text Amendments to Article 1329 concerning Hostel uses. Fletcher presented the memorandum advising the Planning Commission to substitute its previous zoning text amendment recommendation to City Council concerning “Hostel” uses with amendments providing in the meeting packet. Dulaney moved to forward a favorable recommendation to City Council to amend the Planning and Zoning Code as presented; seconded by Stranko. Motion carried 4-2 with Shuman and Loretta voting nay. Morgantown Planning Commission Page 1 of 6 February 8, 2018 Minutes V. NEW BUSINESS: A. MNS18-01 / Calvary Baptist Church – South Baptist Convention / 519 Burroughs Street: Request by Joseph V. Schaeffer, on behalf of Calvary Baptist Church – South Baptist Convention, for minor subdivision approval of property located at 519 Burroughs Street; Tax Map 55, Parcel 33; R-1, Single-Family Residential District. Fletcher presented the Staff Report. Loretta recognized Joseph Shaeffer, on behalf of Calvary Baptist Church, who stated the minor subdivision was previously approved and further explained the location of the parcel. There being no comments or questions by the Commission, Loretta asked if anyone was present to speak in favor of or in opposition to petition. There being none, Loretta declared the public portion closed. Loretta asked if the case was brought before the BZA. Schaeffer stated they did not go before the BZA as he did not think they would be involved in this particular issue. Loretta noted there was a time requirement by the Court. Schaeffer stated he was not aware of the time requirement in question. Fletcher explained that the BZA cannot review minor subdivisions but noted decisions made by the Planning Commission could be appealed to Circuit Court within 30 days after a decision is rendered. Fletcher noted the case referred to in the Staff Report relates to a decision made by City Council concerning a zoning map amendment. Fletcher stated the minor subdivision petition was previously granted by the Planning Commission but a plat was not filed within 12 months and therefore the original minor subdivision approval had expired. Loretta inquired if the Planning Commission should wait to make a decision until after the case has been reviewed in court. Fletcher stated the petitioner is entitled to receive a decision now. Loretta asked for Staff recommendations, which were read by Fletcher. Stranko moved to approve MNS18-01 with the Staff recommended conditions; seconded by Shuman. Motion carried unanimously. B. MNS18-02 / West Park Enterprises, LLC / 2015 Listravia Avenue: Request by Jeffrey A. Davis, on behalf of West Park Enterprises, LLC, for minor subdivision approval of property located at 2015 Listravia Avenue; Tax Map 44, Parcels 98 and 99; B-2, Service Business District. Fletcher presented the Staff Report. Loretta recognized Jeffrey Davis, on behalf of West Park Enterprises, who stated the property was a former Hot Spot and noted he intends to turn the structure into an office to accommodate his home inspection business. Davis noted the parking lot is on a different parcel as the principal structure and thus the reason for the minor subdivision petition. Morgantown Planning Commission Page 2 of 6 February 8, 2018 Minutes There being no comments or questions by the Commission, Loretta asked if anyone was present to speak in favor of or in opposition to petition. There being none, Loretta declared the public portion closed and asked for Staff recommendations, which were read by Fletcher. Robison asked if it was a requirement to consolidate the two parcels or if the parking was the reason for the petition. Fletcher explained that the petitioner had two (2) options which included consolidating the parcels or going before the BZA to seek conditional use approval to allow for off-site because requisite parking must be on the same parcel as the use. Stranko moved to approve MNS18-02 with the Staff recommended conditions; seconded by Robison. Motion carried unanimously. C. TX18-01 / Patty’s Art Spot / Permitted Land Uses: Request by Patty Loy- Colebank, on behalf of Patty’s Art Spot, to amend Table 1331.05.01 “Permitted Land Uses” so that “Tattoo Parlor/Body Piercing Studio” uses are permitted either by-right or by conditional use approval in the PRO District. Fletcher presented the Staff report. Fletcher noted that Staff received 24 total letters in favor of the text amendment request. Loretta recognized Patricia Loy-Colebank of 127 Warm Hollow Road who read a letter to the Board explaining the reason for the request. Loy-Colbank noted that she has been doing tattoo’s for over 24 years and she has seen many changes including the forming of tattoo regulations in which she participated in writing in 1993. Loy-Colbank stated the Health Department uses her shop while training new inspectors which have included up to 25 people at one time. Loy- Colebank noted they offer many services that would qualify them as a “Personal Services Establishment” use and offered examples such as closure for the loss of a loved one and pigment transformation after breast cancer. She also stated that the business supports and participates in many charity functions around the community and they have won many awards locally and nationally. Loy-Colbank expressed that “Patty’s Art Spot” is good for the community and asked for approval to continue her tattoo business in the PRO Zoning District. Loretta recognized a tattoo artist (name not given) who stated he supported Patty and her business in the PRO Zoning District. Loretta recognized James Giuliani of 256 Prairie Avenue who stated that tattoos are a great form of expression in art and he supports the business in the PRO Zoning District. Giuliani noted that he owns property close to the business and expressed that Patty’s Art Spot is a beautiful addition to the neighborhood. Loretta recognized Shawn Sawyer of Preston County who supports new businesses to the Sabraton area and spoke in favor of Patty’s Art Spot in the PRO District. Loretta recognized Brian Jackson of 790 Alpine Street who stated that Patty’s Art Spot has a family environment and expressed she is an asset to the community and asked for her to be able to continue her tattoo service in the PRO District. Morgantown Planning Commission Page 3 of 6 February 8, 2018 Minutes Loretta asked if anyone was present to speak in opposition to petition. There being none, Loretta declared the public portion closed. Robison referred to the exclusion in the “Personal Services Establishment” definition and asked why “tattoo parlor” was included when written. Fletcher expressed the verbiage was probably a remnant of old thinking that these types of establishments were viewed as “dark art” restricted to only limited locations, but this is not the case anymore. Robison again referred to the definition of “Personal Services Establishment” and inquired about the words “and the like” that are underlined and asked if that is an addition that was included as part of the proposal. Fletcher confirmed and noted the same terminology is included in the “Profession Services Establishments” definition which serves to identify examples without being all inclusive. Robison asked if tattoo parlors would be permitted in all PRO Districts should this amendment be approved and if so, asked if Fletcher felt there would be any unintended consequences. Fletcher confirmed and stated Staff explored where PRO Districts are currently located noting that a fair and equitable management of locating similar land uses is not anticipated to result in unintended consequences. Dulaney asked for further explanation of the process for making the changes to include a tattoo parlor in the PRO District. Fletcher explained that the Planning Commission would make a recommendation to City Council and then Council would make the decision on how or if the text would be changed within the Planning and Zoning Code, which would require an ordinance. Dulaney expressed that tattoo art has become less stigmatized and appreciates the time and artistic efforts given by Patty’s Art Spot. Stranko noted that Patty’s Art Spot is not the only business that offers these types of services and pointed out that some of them are in sitting in attendance There being no further comments or questions by the Commission, Loretta asked for Staff recommendations, which were read by Fletcher. Fletcher suggested to strike the word “parlor” so that the text read, “tattoo body / piercing studio” in the definition for the three recommendations offered by Staff. Stranko moved to forward a favorable recommendation to City Council to amend the Planning and Zoning Code as provided under Alternate Recommendation No. 1 in the Staff Report, with the addition of removing the word “Parlor” from the current definition of the term “Tattoo Parlor / Body-Piercing Studio” in Section 1329.02; seconded by Dulaney. Motion carried unanimously. Morgantown Planning Commission Page 4 of 6 February 8, 2018 Minutes  D. Small Area Plan / Area 2 – Willey | Snider | Richwood: The Planning Commission will hold a public hearing to accept the Small Area Plan Recommendations Report for Future Study Area 2. Fletcher presented the memorandum in the meeting packet concerning process and noted Mr. Chet Parsons of AECOM would provide a presentation of the Small Area Plan and Recommendations Report for Area 2 – Willey | Snider | Richwood. Loretta recognized Parsons who led a Prezi presentation on the planning project purpose, process, public engagement, and recommendations. Fletcher noted that over ten (10) acres of land within in the study area is public rights-of-way as the area was originally platted and developed primarily as a detached single-family residential neighborhood. He added that the several of the rights-of-way would not be needed to serve larger-scaled development, and that annulments could be explored to advance desired development site assembly. Fletcher stated the Richwood Avenue / Willey Street connection would be explored by City Administration and the MPO beginning sometime in August 2018. Stranko asked if Richwood Avenue is owned by the City. Fletcher confirmed this section of Richwood Avenue is a part of the City’s roadway network. Loretta asked if Parsons is aware of plans by the University for the future of Arnold Hall. Parsons stated he is not aware of any plans by the University. Fletcher stated he believes classes for the Public Administration Department are being moved to Arnold Hall, but that the building will no longer be used as university housing. Fletcher noted that Staff recommends the Commission open a public hearing to take comments in response to the Area 2 presentation. Loretta asked if anyone would like to comment on the Area 2 Small Area Plan. Loretta recognized James Giuliani who noted that he owns a lot of property within the range presented and asked for help with developing the area. Giuliani noted that WVU is no longer experiencing growth now with population decreasing over a five-year trend. Giuliani expressed that it is difficult for small business landlords to compete with the University and encouraged going forth with development for the area along with the Woodburn neighborhood. Dulaney expressed favor in the process and going to an R-3 zoning district as the topography is very steep and increasing the heights of buildings would still remain compatible with a two-story dwelling on the upper lots. Dulaney noted the topography would create some sort of buffer with roadways and traffic circulation. He noted that people recognize the potential benefits of the City and to the neighborhood to provide incentive to develop the area with increasing density. There being no further comments, Loretta asked for Staff recommendations, which were read by Fletcher. Morgantown Planning Commission Page 5 of 6 February 8, 2018 Minutes Stranko moved to 1. Accept, as submitted, the Small Area Plan and Recommendations Report for Future Study Area 2 – Willey | Snider | Richwood dated 08 FEB 2018, with the understanding additional narrative will be included beginning on Page 18 of 34 summarizing Commission and public comments and Commission action. 2. File said Area 2 Report as an appendage to and product of the 2013 Comprehensive Plan, affirming the Report advances implementation of Comp Plan Strategies NH 1.2 and ED 5.7. 3. Direct Staff to proceed with drafting zoning map and text amendments as generally outlined in the Area 2 Report for future consideration by the Planning Commission. The motion was seconded by Robison and carried unanimously. VI. OTHER BUSINESS A. Committee Reports • Collaborative Planning Advisory Committee: No report. • Traffic Report: No report. • Green Team: No report. • Staff Comments: ‒ Inclusionary Housing Whitepaper will be distributed electronically in the near future. ‒ Medicinal Cannabis Whitepaper is on hold due to changes at the state level. ‒ Mixed and Multi-Use workshop is delayed as Staff is still working on items requested by the Planning Commission. ‒ HB 4357 – A house bill relating to small wireless facilities which includes improved technology and is a fast and growing industry. The bill will take local government out of any planning or development with these facilities. VII. FOR THE GOOD OF THE COMMISSION: None. VIII. ADJOURNMENT: 8:11 p.m. MINUTES APPROVED: March 8, 2018 COMMISSION SECRETARY: _____________________________ Christopher M. Fletcher, AICP Morgantown Planning Commission Page 6 of 6 February 8, 2018 Minutes