TX17-11 | Administrative | Hostels

Development Services 389 Spruce Street MEMORANDUM Morgantown, WV 26505 304.284.7431

Date: 08 FEB 2018 To: Planning Commission RE: TX17-11 | Administrative Request | Hostels

During the 09 NOV 2017 hearing, the Planning Commission voted to forward recommendations to City Council to approve the above reference administratively requested Zoning Text Amendment. Appended hereto is a memorandum dated 14 NOV 2017 to City Manager Paul Brake reporting the Commission’s action and requesting the matter be included on City Council’s 28 NOV 2017 Committee of the Whole agenda. Attached to said memo is the recommended ordinance and related Staff Report materials.

During the Committee of the Whole meeting on 14 NOV, City Council agreed to move the matter to a future business agenda once City Administration provided additional information concerning related Hotel Occupancy Tax obligations for hostels under West Virginia State Code Chapter 7, Article 18 and whether membership of a hostel trade association could be required under the City’s Planning and Zoning Code.

After further exploration, City Administration has determined that a more elegant approach should serve to address concerns raised during both Planning Commission and City Council discussions.

As such, Staff respectfully requests the Planning Commission substitute its affirmative recommendation as follows thereby efficiently and effective removing present Planning and Zoning Code barriers to advancing hostel development.

ARTICLE 1329 Definitions 1329.02 DEFINITION OF TERMS

HOTEL – An establishment occupying a building or a portion of a building in which lodging accommodations is are provided and offered to the public for compensation, and which is open to transient guests and is not a rooming or boarding house Lodging or Rooming House. A customary and permitted accessory use includes a caretaker’s residence.

LODGING OR ROOMING HOUSE – A building or portion of a mixed-use building that provides sleeping accommodations for no more than 16 people on a transient or permanent basis (more than 30 consecutive days), without personal care services, with or without meals, but without or separate cooking facilities for individual occupants. A building that contains a lodging or rooming housing use may not contain any additional such use nor any other residential dwelling use. Also called a boarding house.

From the Desk of: Page 1 of 1 Christopher M. Fletcher, AICP Director of Development Services

Development Services 389 Spruce Street Morgantown, WV 26505 304.284.7431

MEMORANDUM

Date: 14 NOV 2017

To: Paul Brake, City Manager ...... via email cc: Linda Tucker, City Clerk ...... via email RE: City Council Committee of the Whole Agenda – 28 NOV 2017 TX17-11 / Hostels

During its 09 NOV 2017 hearing, the Planning Commission voted to forward recommendations to City Council to APPROVE the above referenced administratively requested Zoning Text Amendment petitions.

Attached herewith are the related Staff Report and Supplement presented to the Planning Commission and the draft ordinance. It should be noted the Planning Commission studied the issues related to “hostels” and the work prepared by Staff closely. The Planning Commission’s final recommendation, attached hereto, included a minor modification to what was presented by Staff. Staff concurs with the Planning Commission’s modification and commends their efforts.

The following dates will keep to standard Planning and Zoning Code Text Amendment protocol:

City Council Meetings Committee of the Whole ...... TUE, 28 NOV 2017

First Reading: ...... TUE, 05 DEC 2018

Public Hearing and Second Reading: ...... TUE, 02 JAN 2018

Please include these items on the City Council meeting agendas noted above and include this communication and attachments in the 28 NOV Committee of the Whole meeting packet (in color). Only the ordinances should be included in the 05 DEC and 02 JAN meeting packets.

Please note, I will not be available to attend City Council’s Second Reading and Public Hearing on 02 JAN 2018 as I will be out of town on vacation.

Thank you.

From the Desk of: Page 1 of 1 Christopher M. Fletcher, AICP Director of Development Services TX17-11 | Administrative | Hostels

ORDINANCE ORDINANCE NO. ______

AN ORDINANCE AMENDING SECTION 1329.02 AND TABLE 1331.05.01 OF THE CITY OF MORGANTOWN PLANNING AND ZONING CODE RELATING TO HOSTELS.

The City of Morgantown hereby ordains Section 1329.02 and Table 1331.05.01 “Permitted Land Uses” of the Planning and Zoning Code are amended as follows (deleted matter struck through; new matter underlined):

ARTICLE 1329 Definitions 1329.02 DEFINITION OF TERMS

HOSTEL – A commercial establishment occupying a building or a portion of a building in which lodging accommodations are provided and offered to the public for compensation, with or without meals, but without separate cooking facilities, which is open to transient guests and is not a rooming or boarding house. A customary and permitted accessory use includes a caretaker’s residence. For purposes of this definition, transient shall mean that a room is rented for not more than 30 consecutive days to any one visitor.

Chapter 1331 Establishment of Zoning Districts and Zoning Map

1331.05 PERMITTED LAND USES

Table 1331.05.01 Permitted Land Uses

Supplemental Uses R-1 R-1A R-2 R-3 PRO B-1 B-2 B-4 OI B-5 I-1 Regulations

Hostel P P P P

This ordinance shall be effective upon date of adoption.

FIRST READING: ______Mayor ADOPTED:

FILED: ______RECORDED: City Clerk

Page 1 of 1 TX17-11 | Administrative | Hostels

STAFF REPORT & SUPPLEMENT MORGANTOWN PLANNING COMMISSION November 9, 2017 6:30 p.m. City Council Chambers

STAFF REPORT SUPPLEMENT

CASE NO: TX17-11 / Administrative / Hostels

REQUEST: Administratively requested Zoning Text Amendments to Article 1329.02 concerning Hotels and Hostels.

BACKGROUND and ANALYSIS: This supplement is submitted in response to the Commission’s discussion during the 12 OCT hearing prior to tabling this matter and should be considered a part of the related Staff Report.

Presented herein are three (3) alternate regulatory approaches addressing “hostel” uses, and transient lodging accommodations generally. The approaches attempt to address the following policy themes/objectives raised by Commissioners during the 12 OCT hearing. • Should the definition of “hotel” be simply expanded rather than define “hostel” to allow administrative interpretation flexibility. • Should the provision of “for compensation” be included in the contemplated definition of “Hostel” as provided in the definition for “Hotel”. • Should a “transient” period be addressed in the definition of “Hostel” and/or “Hotel” as currently provided in the definition for “Bed and Breakfast Inn”. • Should the provision for a “Caretaker’s Residence” also be included in the definition of “Hotel”. • The contemplated provision permitting “Hotel” and “Hostel” uses to occupy a building or a portion of a building was generally accepted. • Should the examples of hotel types (i.e., extended stay hotels, hostels, etc.) provided in the contemplated definition of “Hotel” be included.

To simplify tracking, text highlighted in yellow under the approaches presented below indicate modifications to the contemplated revisions provided in the 12 OCT 2017 Staff Report. The following general principles guided staff exploration of the Commission discussion.

• It appears prudent, if considering the circumstance of “transient” lodging, to extend a maximum period (i.e., 30 days) to all existing lodging-related uses.

• It appears prudent, if considering the circumstance of “transient” lodging, to include, rather than exclude, establishments providing lodging for stays more than 30 days.

• Approach No. 1 “Hostel Lite” attempts to following a straightforward, uncomplicated approach to including hostel uses by administrative interpretation.

TX17-11 / Administrative / Hostels Page 1 of 6 Staff Report Supplement Development Services Department MORGANTOWN PLANNING COMMISSION November 9, 2017 6:30 p.m. City Council Chambers

• Approach No. 2 “Hostel Plus” attempts to address the unintended consequence of simply establishing a maximum “transient” period that would result in the exclusion of establishments offering extended stay lodging.

• Approach No. 3 “Hostel Modified” attempts to adapt the initial approach submitted to the Planning Commission, while incorporating some of the fundamental themes/objectives raised during the 12 OCT hearing.

Approach No. 1 – “Hostel Lite” ARTICLE 1329 Definitions

1329.02 DEFINITION OF TERMS

HOTEL – An establishment occupying a building or a portion of a building in which lodging accommodations is are provided and offered to the public for compensation, with or without means, but without separate cooking facilities, and which is open to transient guests and is not a rooming or boarding house. A customary and permitted accessory use includes a caretaker’s residence. For purposes of this definition, transient shall mean that a room is rented for not more than 30 consecutive days to any one visitor.

Approach No. 2 – “Hostel Plus” ARTICLE 1329 Definitions

1329.02 DEFINITION OF TERMS

BED AND BREAKFAST INN – A private residence that offers, for a fee, transient sleeping accommodations to visitors in up to five (5) rooms of an owner-occupied single-family dwelling; and provides, at no extra charge, breakfast to the guests. For purposes of this definition, transient shall mean that a room is rented for not more than 30 consecutive days to any one visitor in any given calendar year.

HOSTEL – A hotel establishment occupying a building or a portion of a building in which lodging accommodations are provided and offered to the public for compensation, with or without meals, but without separate cooking facilities, which is open to transient guests and is not a rooming or boarding house. A customary and permitted accessory use includes a caretaker’s residence. For purposes of this definition, transient shall mean that a room is rented for not more than 30 consecutive days to any one visitor.

HOTEL – An establishment occupying a building or a portion of a building in which lodging accommodations is are provided and offered to the public for compensation, and which is open to transient guests and is not a rooming or boarding house. A customary and permitted accessory use includes a caretaker’s residence. For purposes of this definition, transient shall mean that a room is used, rented, or hired out for not more than 30 consecutive days to any one visitor.

TX17-11 / Administrative / Hostels Page 2 of 6 Staff Report Supplement Development Services Department MORGANTOWN PLANNING COMMISSION November 9, 2017 6:30 p.m. City Council Chambers

HOTEL, APARTMENT – A hotel establishment occupying a building or a portion of a building designed for or containing both apartments and individual hotel guest rooms, under resident supervision, maintaining an inner lobby through which tenants, residents, and hotel guests must pass to gain access to apartments and hotel guest rooms, and is not a rooming or boarding house. A customary and permitted accessory use includes a caretaker’s residence. Guest rooms are offered to the public for compensation to transient and/or extended stay guests by as provided in HOTEL and EXTENDED STAY HOTEL uses.

HOTEL, EXTENDED STAY – A hotel establishment occupying a building or a portion of a building in which lodging accommodations are provided and offered to the public for compensation for extended stays by guests, and is not a rooming or boarding house. A customary and permitted accessory use includes a caretaker’s residence. For purposes of this definition, extended stays shall mean that a room is used, rented, or hired out up to or more than 30 consecutive days to any one visitor. Such establishments often provide guest rooms containing kitchen facilities for food preparation including but not limited to such facilities as refrigerators, stove, ovens, etc.

HOTEL, FULL-SERVICE – A hotel establishment consisting of a building or a group of buildings in which lodging and meals prepared on-premises are provided and offered to guests for compensation; and which is open to the public for transient or extended stay guests and provides additional accessory services, which may include any of the following: restaurants, meetings rooms, convention and/or conference rooms, catering facilities. Customary and permitted accessory uses include caretaker’s residence and apartment(s).

MOTEL – An A hotel establishment providing transient lodging accommodations in which the guest hotel rooms is are usually accessible from an outdoor parking lot. A customary and permitted accessory use includes a caretaker’s residence. For purposes of this definition, transient shall mean that a room is used, rented, or hired out for not more than 30 consecutive days to any one visitor.

Chapter 1331 Establishment of Zoning Districts and Zoning Map 1331.05 PERMITTED LAND USES Table 1331.05.01 Permitted Land Uses

Supplemental Uses R-1 R-1A R-2 R-3 PRO B-1 B-2 B-4 OI B-5 I-1 Regulations

Hostel P P P P

Hotel P P P P

Hotel, Apartment P P P P

Hotel, Extended Stay P P P P

Motel P P P

NOTE: “Hotel” and “Motel” are provided in table above only for comparative presentation purposes.

TX17-11 / Administrative / Hostels Page 3 of 6 Staff Report Supplement Development Services Department MORGANTOWN PLANNING COMMISSION November 9, 2017 6:30 p.m. City Council Chambers

Approach No. 3 – “Hostel Modified” ARTICLE 1329 Definitions

1329.02 DEFINITION OF TERMS

Chapter 1331 Establishment of Zoning Districts and Zoning Map 1331.05 PERMITTED LAND USES Table 1331.05.01 Permitted Land Uses

Supplemental Uses R-1 R-1A R-2 R-3 PRO B-1 B-2 B-4 OI B-5 I-1 Regulations

Hostel P P P P

Hotel P P P P

NOTE: “Hotel” is provided in table above only for comparative presentation purposes.

TX17-11 / Administrative / Hostels Page 4 of 6 Staff Report Supplement Development Services Department MORGANTOWN PLANNING COMMISSION November 9, 2017 6:30 p.m. City Council Chambers

Comparative Table

Policy theme/objective achieved Policy theme/objective not achieved Theme/Objective “Hostel Lite” “Hostel Plus” “Hostel Modified” Requires interpretation determination for HOSTEL Yes No No uses Defines “hostel” No Yes Yes Includes HOSTEL in No Yes Yes Permitted Land Use Table Addresses “transient” for Yes Yes Yes HOSTEL uses Addresses “transient” for Yes Yes No HOTEL uses Addresses “transient” for all No Yes No lodging accommodation uses Prohibits extended stay type Yes No No hotels Addresses “for compensation” in HOSTEL Yes Yes Yes uses Addresses “a portion of a Yes Yes Yes building” for HOSTEL uses Addresses “a portion of a Yes Yes Yes building” for HOTEL uses Addresses “caretaker’s Yes Yes Yes residence” for HOSTEL uses Addresses “caretaker’s Yes Yes Yes residence” for HOTEL uses Addresses “caretaker’s residence” for all lodging No Yes No accommodations uses Percentage of identified policy themes/objectives 54% 100% 85% reached Simplified approach rating on addressing HOSTEL uses, 1 3 2 with 1 being most simple and 3 being least simple

TX17-11 / Administrative / Hostels Page 5 of 6 Staff Report Supplement Development Services Department MORGANTOWN PLANNING COMMISSION November 9, 2017 6:30 p.m. City Council Chambers

MODIFIED STAFF RECOMMENDATION: The initial intent of bringing the issue of “Hostel” development to the Planning Commission was to simply recognize and embrace a market opportunity in the lodging industry, new to Morgantown, by removing unnecessary barriers to economic development and lodging choice.

Although the “Hostel Lite” approach accomplishes this objective, it results in excluding or prohibiting hotel establishments offering extended stays (>30 days). A random sampling of local hotel establishments found that there are hotels in the area that currently allow for 30+ day stays. Only by close examination can we avoid going blindly and creating an unintended consequence of hurting a well-established lodging niche. Conversely, this consequence can be avoided by simply removing the last sentence concerning the 30-day transient stay. However, this approach relies heavily upon administrative interpretation, provides very limited parameters within which a “Hostel” use is to be understood or delimited, and may result in unforeseen challenges. For these reasons, it is the opinion of the Planning Division that “Hostel Lite”, as presented, is not the highest and best policy approach to advancing “hostel” development.

The Planning Commission’s 12 OCT discussion rightly triggered a more holistic examination of the causality of the policy themes/objectives raised. The “Hostel Plus” approach accomplishes the following: • Incorporates each of the themes. • Correlates themes across various lodging accommodation offerings. • Introduces two (2) new lodging accommodation types mitigating the otherwise prohibition of “transient” stay exceeding 30 days. • Attains 100% policy theme/objective achievement.

The “Hostel Plus” approach far exceeds the initial intent of simply addressing “hostel” development, but is worthy of deliberative consideration.

The “Hostel Modified” approach falls in the middle of the three presented herein in terms of most and least simple. If the Planning Commission’s tolerance level for pursuing a complicated solution is low, then Staff recommends this approach.

Staff reminds the Planning Commission that this matter was tabled prior to opening the public comment portion during the 12 OCT hearing.

TX17-11 / Administrative / Hostels Page 6 of 6 Staff Report Supplement Development Services Department MORGANTOWN PLANNING COMMISSION October 12, 2017 6:30 p.m. City Council Chambers

President: STAFF REPORT Peter DeMasters, 6th Ward CASE NO: TX17-11 / Administrative / Hostels Vice-President: Carol Pyles, 7th Ward REQUEST: Administratively requested Zoning Text Amendments to Article 1329.02 concerning Hotels Planning Commissioners: and Hostels. Sam Loretta, 1st Ward Tim Stranko, 2nd Ward BACKGROUND and ANALYSIS: William Blosser, 3rd Ward Staff has been monitoring national trends in local transient lodging ordinances. This industry is rapidly changing, given internet-based networking opportunities that facilitate Bill Petros, 4th Ward hospitality uses. Staff recently discovered the City’s Planning and Zoning Code does not Mike Shuman, 5th Ward adequately address the lodging concept of “hostels”, and as a result may be limiting Ron Dulaney, City Council commercial investment in a land-use that could easily be incorporated into the City’s VACANT, City Administration regulations. The following definition is the only provided for the term “Hostel” in “A Planners Dictionary”.

Youth Hostel – A place where travelers may stay for a limited duration, as recognized by the International Hostel Association. (Fairbanks North Star Borough, Alaska) Davidson, M., & Dolnick, F. (2004). A planners dictionary. Chicago, IL: American Planning Association, Planning Advisory Service.

An organization named “International Hostel Association” was not located through an internet search; however, the following organizations were identified. • “Hostelling International USA” (HI USA) – https://www.hiusa.org/ • “Hostelling International” – https://www.hihostels.com/ • “Youth Hostel Association” – https://www.yha.org

Hostelling International defines hostels as the following:

Development Services Christopher Fletcher, AICP Director

John Whitmore, AICP Planner III

Planning Division 389 Spruce Street https://www.hihostels.com/pages/hostels-faqs Morgantown, WV 26505 304.284.7431 The Youth Hostel Association (UK-based), provides the following use of the space information:

Page 1 of 4 MORGANTOWN PLANNING COMMISSION October 12, 2017 6:30 p.m. City Council Chambers

President: Peter DeMasters, 6th Ward

Vice-President: Carol Pyles, 7th Ward

Planning Commissioners: http://www.yha.org.uk/faqs st Sam Loretta, 1 Ward Tim Stranko, 2nd Ward HostelManagement.com provides the following guidance on hostels: William Blosser, 3rd Ward Bill Petros, 4th Ward Mike Shuman, 5th Ward Ron Dulaney, City Council VACANT, City Administration

https://hostelmanagement.com/definition-hostel

Morgantown Planning and Zoning Code “Hostel” as a land use is not specifically addressed in the P&Z Code by definition, permitted use, supplemental regulations, minimum parking requirement, etc.

The P&Z Code provides the following definitions that are similar to the characteristics identified by the hostel industry. These uses are permitted in different zoning districts, while all uses are permitted by-right in the B-2, Service Business Zoning District.

Development Services Christopher Fletcher, AICP Director

John Whitmore, AICP Planner III

Planning Division 389 Spruce Street Morgantown, WV 26505 304.284.7431

Page 2 of 4 MORGANTOWN PLANNING COMMISSION October 12, 2017 6:30 p.m. City Council Chambers

President: Peter DeMasters, 6th Ward

Vice-President: Carol Pyles, 7th Ward

Planning Commissioners: Sam Loretta, 1st Ward Tim Stranko, 2nd Ward William Blosser, 3rd Ward Bill Petros, 4th Ward Mike Shuman, 5th Ward Ron Dulaney, City Council VACANT, City Administration

Development Services Staff observations of related P&Z Code provisions identified above include: Christopher Fletcher, AICP Director • A “Hostel” use does not appear to be substantially similar to a “Bed and Breakfast Inn” use, due to private, owner-occupied, single-family dwelling residence John Whitmore, AICP restrictions; a limitation to no more than five (5) rooms for transient guests; and, Planner III meals (e.g., breakfast) having to be provided to guests.

Planning Division • A “Hostel” use does not appear to be substantially similar to a “Dormitory” use as 389 Spruce Street the term “transient” is not included in its definition as is provided in the other land Morgantown, WV 26505 use classifications reviewed herein. 304.284.7431 • A “Hostel” use could be substantially similar to a “Hotel” use; however, the “Hotel” definition restricts its occupancy to an entire building rather than a portion of a building, which could unnecessary restrict “Hostel” development.

Page 3 of 4 MORGANTOWN PLANNING COMMISSION October 12, 2017 6:30 p.m. City Council Chambers

President: • A “Hostel” use could be substantially similar to a “Lodging or Rooming House”; however, transient allowances in some zoning districts where “Lodging or Rooming Peter DeMasters, 6th Ward House” uses are permitted could result in intermixing incompatible uses and/or restrict “Hostel” development in preferred zoning districts where “Lodging or Vice-President: Rooming House” uses are not permitted. Carol Pyles, 7th Ward P&Z Code Solution Planning Commissioners: There are a number of ways “Hostel” uses could be addressed within the P&Z Code, but st Sam Loretta, 1 Ward the simplest approach appears to be: Tim Stranko, 2nd Ward William Blosser, 3rd Ward 1. Provide a definition for a “Hostel” use in Section 1329.02.

th Bill Petros, 4 Ward 2. Modify the definition of “Hotel” in Section 1329.02 to: Mike Shuman, 5th Ward a. Recognize the transient lodging accommodation similarities between “Hotels” Ron Dulaney, City Council and “Hostels”; and, VACANT, City Administration b. Recognize that “Hotel” uses could occupy a portion of a building in addition to an entire building.

3. Continue to allow “Hotel” uses in those commercial zoning districts where transient lodging establishments are currently permitted by-right: B-2, B-4, and B-5.

STAFF RECOMMENDATION: Staff respectfully advises the Planning Commission to forward a favorable recommendation to City Council to amend the Planning and Zoning Code as presented below (deleted matter struck-through; new matter underlined) based on the information and analysis presented herein.

1329.02 DEFINITION OF TERMS

For the purpose of this ordinance, the following words and phrases shall have the meaning respectively prescribed to them by this section. If not defined herein, or within other sections of this ordinance, terms used in this ordinance shall have the meanings provided in any standard dictionary or American Planning Association publication as determined by Development Services the Planning Director. Christopher Fletcher, AICP Director HOSTEL – An establishment occupying a building or a portion of a building in which lodging accommodations are provided and offered to transient guests, with or without meals, but John Whitmore, AICP without separate cooking facilities for individual guests and is not a rooming or boarding Planner III house. A customary and permitted accessory use includes a caretaker’s residence.

HOTEL – An establishment occupying a building or a portion of a building in which lodging Planning Division is provided and offered to the public for compensation, and which is open to transient 389 Spruce Street guests and is not a rooming or boarding house. Examples include, extended stay hotels, Morgantown, WV 26505 hostels, etc. 304.284.7431

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