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City of Lewisburg Planning Commission Meeting Minutes October 5, 2017 Paul R. Cooley Council Chambers 942 Washington Street, West, Lewisburg, WV

PRESENT: Commission members Michael Adelman, Mallory Iles, Tony Hinkle, Jim Simpson, Jeff Vickers; Zoning Officer Chuck Smith, Planning & Zoning Clerk Marsha Cunningham, Recording Officer Peggy Mackenzie

ABSENT: Commission Chair Mark Etten, Commission members Dylan Boone, Mike Dotson, John Manchester

VISITORS: Michael Christy, Skip & Judy Deegans, Adam deGraf, Mimi Glenn, Criss Haynes, Bill Horne, Suzanne Hupfeld, Stuart & Patricia Margolin, Edith McKinley, Phil Reed, Joey Thomas, Anne Turner, Kathy Winte

CALL TO ORDER: Commission member Michael Adelman called the meeting to order at 7:12 p.m. in the absence of Chair Mark Etten.

Civil engineer Criss Haynes presented storm water concerns regarding Fairview Holdings development adjacent to Lewisburg Manor property, stating the potential development of the property, together with there being no natural sinkholes or other drainage structures, could lead to water runoff problems for the manor. The developer, Haynes said, has proceeded far along without completing a storm water study, as mandated by city ordinance, and, in his opinion, has taken quite a risk with no specific plans for storm water runoff. Lewisburg Manor is directly downstream from Fairview Holdings. The storm water aspect of the project must be properly addressed, Haynes said.

Public Hearing : Mr. Umesh Gandhi, Home 2 Suites (Tru Hotel), Grand Avenue, site plan review

Civil engineer Phil Reed, representing developer Umesh Gandhi, stated a revision of the hotel layout required a city engineer to review the storm water issues. Reed said changes to the site plan included expanding the building so that the main entrance faced Grand Avenue. A second entrance driveway on Grand Avenue was also included in the plan revision.

Zoning Officer Chuck Smith said the city's engineer has reviewed and approved the storm water revisions, and that the site plan review meets all other requirements. A Public Hearing was called at 7:28 p.m., and hearing no response, the Public Hearing was closed at 7:28 p.m. A motion to approve the site plan revisions as presented was made by Commission member Jeff Vickers and seconded by Commission member Mallory Iles. With five (5) in favor, four (4) absent and no oppositions, the motion carried.

Public Hearing : Lee Street Partners, 206 North Lee Street, conditional use permit for liquor sales

Smith said the Lee Street Partners purchase of the old brick school building has re visioned the property use to include artists' studios in the original school building, and to have 39 dwelling units housed in the auxiliary structures behind the old two-story, brick school. All are permissible uses in an EI zoned district. A conditional use permit is allowed for liquor sales in an EI district, provided that City of Lewisburg Planning Commission Meeting Minutes October 5, 2017 Page 2 four reasonable requirements to ensure that the development in its proposed location will not: 1) Endanger the public health or safety; or 2) Injure the value of adjoining or abutting property; or 3) Be out of harmony with the surrounding area; or 4) Be out of conformity with the official community plan. The Planning commission may approve, approve with modifications or conditions or disapprove the application, Smith said, and then report its findings and recommendations to the city council. Smith said all returned receipts have been collected with the exception of one. An attempt was made by the postmaster to deliver it to the address. Smith said no objections were received.

Smith said the state issues various levels of liquor licenses and the city of Lewisburg issues a permit for liquor sales. They are two different things.

Michael Christy, one of the Lee Street Partners, said the intent for the conditional use permit for liquor sales was to allow the Cultural Arts Center is to serve beer and wine at gallery openings and at evening concert events. They would like to sell tickets for music events-not as a money-maker-but to pay for the entertainment. In order to do that, they needed the permit for liquor sales from the city. They have applied to the state for a limited liquor license for beer and wine only. The music and gallery events are not anticipated to draw more than 100 attendees at one time.

A Public Hearing was called at 7:44 p.m. Several neighbors offered their concerns for traffic, noise, alcohol consumption, parking, potential loss of property values, the future potential consequences of having a conditional use permit for liquor sales remaining with the building and the loss of the residential community as a harmonious neighborhood. There was also a misunderstanding that a zone change would occur allowing CI zoning to expand to other properties on the street. Notwithstanding, they also lauded the addition of the art gallery and studios, and student housing units in the area.

Gallery manager Anne Turner said the gymnasium, which was originally considered as an event location, but which they later learned could not be used for any large gathering, according to the fire marshal. They changed their plans to hold the music events in the much smaller library. She said the center aims to be an educational center committed to the community and the arts. The arts need funding and the building needs renovations. Rentals of the art studios serves as the for-profit arm of the partnership. The building is open to the public 11-4 Tuesday-Friday and 12-4 on Saturdays. Evening events end by 9 p.m. she said.

The Public Hearing was closed at 8:17 p.m. by Commission member Adelman.

Commission member Vickers stated that, as president of the Premier Bank, he was conflicted and supported both sides of the issues. “I cannot vote and must recuse myself,” he said.

The commission was left without a quorum on this agenda item, Adelman stated. He recommended the parties on both sides meet together and discuss the plans for the project as a community before again approaching the Planning Commission. City of Lewisburg Planning Commission Meeting Minutes October 5, 2017 Page 3

The commission members weighed in with several concerns: Commission member Jim Simpson stated that he would have voted to deny the permit on the basis that the plans were not clearly presented and seemed to have too much fluidity. Adelman concurred, adding that parking is an issue and that the liquor license is also an unresolved issue. Commission member Tony Hinkle said, “We have to decide what was not brought up, namely the four conditions an applicant must meet for the conditional use permit.”

Smith affirmed that the conditional use permit does transfer with the property, but a new owner would have to apply for a new liquor license from the state.

APPROVAL OF MINUTES: The minutes of May 4, 2017 were approved as presented in a motion by Commission member Simpson and seconded by Commission member Vickers. With five (5) in favor, four (4) absent and no opposition, the motion carried.

Review Revised Use Table

Smith presented a sample City of Lewisburg Zoning Ordinance Draft Use Table drawn up by Christy deMuth with the WVU Law Academy. He said she recommended that the commission approve the format in order to move forward on the comprehensive plan project.

On another topic, Smith said the site plan for the Seneca Trail Veterinary Hospital's underground storm water storage has been revised to be an above ground retention pond instead. The calculations were done by Terradon, Smith said, and was approved by the city engineer. This is an item suitable for administrative approval, he said.

ADJOURNMENT: The meeting was adjourned at 8:35 p.m in a motion by Commission member Vickers and seconded by Commission member Hinkle.

Respectfully submitted, Peggy Mackenzie Recording Officer