Planning Commission

MORGANTOWN PLANNING COMMISSION MINUTES 6:30 p.m. May 10, 2018 Council Chambers COMMISSIONERS PRESENT: Peter DeMasters, William Blosser, Ron Dulaney, Jr., Sam Loretta, Julie Robison, and Carol Pyles COMMISSIONERS ABSENT: Bill Petros, Michael Shuman, and Tim Stranko 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:0 A. Approval of the April 12, 2018 meeting minutes. Minutes were postponed to the June 14, 2018 hearing due to lack of quorum for approval. IV. UNFINISHED BUSINESS: None. V. NEW BUSINESS: A. TX18-02 / Cheat Lake Animal Hospital, PLLC / Permitted Land Uses: Request by B. Jean Meade, on behalf of Cheat Lake Animal Hospital, PLLC, to amend Table 1331.05.01 “Permitted Land Uses” so that “Veterinary Clinic” uses are permitted either by-right or by conditional use approval in the PRO District. Fletcher presented the Staff Report. DeMasters recognized Jean Meade of 88 Horton Lane who stated she is the owner of Cheat Lake Animal Hospital, which is a veterinary clinic serving all animals. Meade explained they would like to have a satellite clinic located on Listravia Avenue to provide service to cats and small exotic animals. Meade noted they would not provide boarding or emergency services at this satellite clinic and expressed favor in the Staff Report comparing a veterinary clinic to a medical clinic, which is permitted in the PRO district. Loretta asked if grooming would be part of the offered services. Meade stated there is no intent to offer a grooming parlor and reiterated the facility will offer medical treatment to cats and exotic animals. 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 petition. There being none, DeMasters Morgantown Planning Commission Page 1 of 4 May 10, 2018 Minutes declared the public portion closed and asked for Staff recommendations, which were read by Fletcher. Robison referred to the supplemental regulation provided for “Veterinary Clinic” listed in the Staff Report and questioned if outdoor kennels were significant to the case. Fletcher provided further explanation and stated that, comparatively, outdoor kennels are not permitted in the B-1 district. Blosser expressed that “Veterinary Clinic” uses should be permitted with conditional use approval and not be permitted by-right in the PRO district. Fletcher noted “Medical Office” uses are allowed by-right in the PRO District and noted that “Veterinary Clinic” uses are similar and therefore Staff did not feel a conditional use would be necessary. Blosser expressed that veterinary services could impact the neighborhood and therefore he would like to see it as a conditional use initially and then changed to permitted by-right if no problems arise. Fletcher noted that “Veterinary Clinic” uses are permitted by-right in the B-1 District, which are often surrounded by single-family neighborhoods, while PRO Districts are often surrounded by commercial development. Robison asked for further clarification on conditional uses related to animal grooming services. Fletcher stated that animal grooming services require conditional use approval in the PRO District and would be decided on a case-by-case evaluation. Dulaney agreed that a “Veterinary Clinic” use and a “Medical Office” use are similar but questioned if the traffic would be increased and expressed that animal grooming and human grooming should be treated the same. DeMasters noted that human grooming requires licensure whereas animal grooming does not. Dulaney asked if professional credentials are part of the conditional use process. Fletcher stated that credentials are not normally part of the process, as licensure is handled by the state. Robison asked for further explanation in how Staff determined their recommendation. Fletcher explained that operators of both “Medical Office” and “Veterinary Clinic” uses have to obtain professional development and licensure to practice and that the services provided are similar. Loretta asked if there was adequate parking available to support the business. Meade confirmed and stated there are two parking lots available. Loretta asked for the hours of operation. Meade stated there would be normal business hours and emergencies would be referred to their Cheat Lake Clinic after closing. Commissioners discussed whether the “Veterinary Clinic” use should require a conditional use approval or be permitted by-right in the PRO district. Dulaney expressed he would like to see consistency with “Veterinary Clinic” and “Animal Grooming” uses. Robison questioned how much additional time it would take if the use requires a conditional use approval. Fletcher explained the text amendment process and stated approximately an additional two weeks would be added should the use require a conditional use approval. Morgantown Planning Commission Page 2 of 4 May 10, 2018 Minutes Fletcher suggested, given expressed concerns, that the Commission forward an affirmative recommendation to permit “Veterinary Clinic” uses in the PRO District with conditional use approval. Robison made a motion to forward a favorable recommendation to permit “Veterinary Clinic” uses within the PRO District with conditional us approval as well as amend Supplemental Regulation 1331.06(7) as recommended by Staff under Case No. TX18-02; seconded by Dulaney. Motion carried unanimously. B. TX17-10 / Administrative / Mixed and Multi-Use Development: Administratively requested Zoning Text Amendments to Articles 1329, 1331, 1333, 1335, 1337, 1339, 1345, 1351, 1361, and 1365 of the City’s Planning and Zoning Code relating to mixed and multi-use development and parallel performance and design standards. Fletcher presented Staff Report. 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. Dulaney referred to Page 8 of the Staff Report noting that “mixed use building” does not show up in the permitted land use table in the R-1A District when referring to maximum gross floor area of component space. Fletcher acknowledged the error and stated there should be a supplemental regulation for multi- use nonresidential buildings instead. Fletcher explained how he would correct the wording and that the Commission could table the matter to the June meeting or permit Staff to make the correction as a part of ordinance recommended to City Council. Dulaney noted there is a residential structure in his ward that was built next to a historic structure and expressed the building setback breaks the pattern. Dulaney referred to a section of amendment and questioned if residential construction could conform to the intent of the neighborhood. Fletcher noted the section of Planning and Zoning Code that could be amended to address the issue is not included in the present text amendments and that Staff would include related recommendations on the Commission’s June agenda. Dulaney made a motion to forward a favorable recommendation to City Council under Case No. TX17-10 as presented with the amendments discussed; seconded by Blosser. Motion carried unanimously. VI. OTHER BUSINESS A. Committee Reports • Collaborative Planning Advisory Committee: No report. • Traffic Report: No report. • Green Team: No report. • Staff Comments: No report. Morgantown Planning Commission Page 3 of 4 May 10, 2018 Minutes VII. FOR THE GOOD OF THE COMMISSION: None. VIII. ADJOURNMENT: 7:37 p.m. MINUTES APPROVED: June 14, 2018 COMMISSION SECRETARY: _____________________________ Christopher M. Fletcher, AICP Morgantown Planning Commission Page 4 of 4 May 10, 2018 Minutes