City of Lewisburg

Planning Commission

Meeting Minutes

October 3, 2013

Paul R. Cooley Council Chambers

The City of Lewisburg Planning Commission met in regular session on Thursday, October 3, 2013 at 7:00 p.m. in the Paul R. Cooley Council Chambers at 942 Washington Street, West, Lewisburg, WV.

PRESENT: Commission members Florian Schleiff, Jim Simpson, Dylan Boone, Jennifer Susman, Jeff Vickers; Mayor John Manchester, Zoning Officer Tony Hinkle, Zoning and Planning Clerk Cheryl Yates, Recording Officer Peggy Mackenzie

ABSENT: Commission Chair Mark Etten, Commission members Michael Adelman, Mike Dotson

VISITORS: Joe Lovett

CALL TO ORDER:

Mayor John Manchester, sitting in for Commission Chair Mark Etten, called the meeting to order at 7:03 p.m. and welcomed new Commission member Jennifer Susman to the Commission meeting.

Public Hearing: Conditional Use Permit, Appalachian Mountain Advocates, 204 North Jefferson Street, Deed Book 558, page 169, Tax Map 20, Parcel 111

As a partner with Appalachian Mountain Advocates (AMA), Commission member Florian Schleiff recused himself from the public hearing discussions.

Zoning Officer Tony Hinkle presented a brief of the conditional use permit stating the application is in a CC zone; that notices have been posted; and adjacent neighbors have been informed and have submitted no complaints. The City ordinance states the Planning Commission must be satisfied that the four conditional use conditions are met before issuing a permit for the proposed restaurant can be situated in the log building. The applicants shall have the burden of presenting evidence that the required permit will not:

  1. Endanger the public health and safety, or
  2. Injure the value of adjoining or abutting properties, or
  3. Be out of harmony with the area in which it is to be located, or
  4. Be out of conformity with the Official Community plan.

Joe Lovett, AMA presenting representative, stated food and alcohol will be served both inside the restaurant and out on the adjacent deck area as well. He said, “We are willing to take whatever restrictions the City has placed upon The Asylum,” a separate bar and restaurant project located around the corner on Randolph Street. However, he said, unlike The Asylum, AMA does not plan to have live music on the restaurant premises.

Commission member Jeff Vickers asked what was being done to screen the development from neighboring residents? Lovett said natural shrub screening will grow once the buildings are torn down. Mayor Manchester said the primary reason for the screening at The Asylum was to muffle sounds coming from the live music.

City of Lewisburg

Planning Commission

Meeting Minutes

October 3, 2013

Page 2

Absent any noise concerns for live music on the deck, Commission member Dylan Boone moved to approve as presented the conditional use permit for the restaurant at the Jefferson Street property. Commission member Vickers seconded the motion. With five (5) in favor and three (3) absent, the motion carried.

Discussion: Appalachian Mountain Advocates, 204 North Jefferson Street, Update on site plan

Lovett asked if the use permit allowed a small take-out food service. Zoning Officer Hinkle said a use permit would be required for “substantial take-out,” not the occasional take out request.

A site plan displaying the projected developments on the property included a covered farmers market area in conjunction with a large open pavilion structure designed to hold events of various kinds. The acreage donated by Paul and Mary Lindquist will provide walkways and gardens and a pond to the overall development of Montwell Park.

Commission member Schleiff, speaking as the contractor for the development of the project, stated they have received permission to demolish the condemned motel structures from the Historic Landmarks Commission. The asbestos in the buildings will soon be removed, and all power and water connections have also been turned off.

The lowest point in Lewisburg lies on the property where a small cave is located and water collects there forming a small pond. Schleiff stated there is inadequate water control at the entrance to the Montwell Park property. Water runs from Jefferson Street and Randolph Street and flows across the property. There is evidence of an old creek bed beneath one of the condemned buildings. Actually, there are two water sources, Schleiff said. One flowing from the surface streets previously mentioned and the other from a spring on the property. The plan was to route the polluted street water directly into the cave and allow the spring water to fill the pond and then flow into the cave.

Regarding additional parking, Lovett said they hope to purchase an adjacent property (which Colin Rose is also interested in). The discussion included speculation on incorporating or connecting to the county's lot across the street where Lewis Spring is located. A tunnel beneath Jefferson Street was proposed but does not seem likely or feasible. Commission member Boone inquired about landscaping at the front of the property facing Jefferson Street. Lovett said a wall with plantings would replace the parking area currently at the front of the log building. The need for a caretaker residence was also discussed.

Commission member Jim Simpson asked about whether the plans for the pond included fishing recreation. Lovett responded that the pond provided a nice view from Lafayette Street and would not be a for-profit venue option. The only “fly in the ointment” is the sewer pump station located near the lowest point on the property which they will landscape.

There is no actual final plan of the use of the property, Lovett said. In the mean time they plan to remove the asphalt, lay down gravel and grass to retain excess water until they are ready to further

City of Lewisburg

Planning Commission

Meeting Minutes

October 3, 2013

Page 3

develop that part of the park. The point being, Lovett and Schleiff emphasized, Appalachian Mountain

Advocates have already improved conditions on the property.

Lovett, Schleiff and Brandon Johnson are the partners who comprise the Appalachian Mountain Advocates. They are not an exclusive club, Schleiff insisted. “We see ourselves as stewards of the property,” Lovett said. They said they hoped the community would make use of the options offered, for example, the garden clubs and Greenbrier Valley Theatre. “We are open to other non-profit groups' participation.”

APPROVAL OF MINUTES:

April 4, 2013, May 2, 2013, June 6, 2013, July 11, 2013

Mayor Manchester stated the problem with approval of the minutes for meetings in which “we will never have a quorum of the same people who were at those meetings” was given to the City's attorney Jesse Guills to work out. He said, according to the mayor, that as a “housekeeping function” of the Commission, if we can trust the record keeping of the Recording Officer in maintaining correct minutes and if those Commission members who attended those meetings having reviewed the minutes found no corrections, then the present body could make a “mass motion” to approve them. With that, Commission member Simpson moved to approve the minutes of April 4, 2013, May 2, 2013, June 6, 2013 and July 11, 2013. Commission member Schleiff seconded the motion. With Five (5) in favor and three (3) absent, the motion carried.

September 5, 2013

Commission member Vickers moved to approve the minutes of September 5, 2013. Commission member Boone seconded the motion. With five (5) in favor and three (3) absent, the motion carried.

COMMUNICATIONS FROM MEMBERS:

Mayor Manchester announced the next meeting will be November 7, 2013 with a deadline of October 21, 2013. A working session will be held on November 6, 2013 during which law students from WVU will participate in the discussions for a new comprehensive plan to include long-term plans encompassing the next 10 to 20 years. Zoning Officer Hinkle pointed out that Commission members will be part of an Open House forum in which each member will address separate topics as points of input for the public. There will be no formal presentation, he said. Provision of City codes and ordinances will be available. The mayor said for the benefit of the newer Commission members, this discussion will be the scope of this body's work from now until June 30, 2013 when the comprehensive plan must be finalized.

ADJOURNMENT:

Mayor Manchester asked for a motion to adjourn. Commission member Vickers moved to adjourn at 7:48 p.m. Commission member Simpson seconded the motion. With five (5) in favor and three (3) absent, the motion carried.

Respectfully submitted,

Peggy Mackenzie, Recording Officer