Planning Commission

FAIRMONT PLANNING COMMISSION The regular meeting of the Fairmont Planning Commission was held on August 20, 2014 at 7:00 p.m. at the Public Safety Building located at 500 Quincy Street. President Oliver called the meeting to order at 7:00 p.m. and asked for a roll call of members. ROLL CALL OF MEMBERS Members Present: Members Absent: President Oliver Vice President Majic Commissioner Richardson Commissioner Weber Commissioner Pitman Commissioner Greene Commissioner Straight Commissioner Miller Commissioner Parker City Staff Present: Director of Planning and Development – Kathy Wyrosdick Recording Secretary – Martha Richards PLEDGE OF ALLEGIANCE Vice President Majic: Motioned to approve the minutes from July 16, 2014. Commissioner Straight: Motioned to approve minutes. Commissioner Parker: Seconded. Vote was 9-0 in favor. Motion Carried. PUBLIC HEARING #1 FOR AUGUST 20, 2014 President Oliver: D & W Contracting, LLC, is requesting a rezoning of 105 Amos Street, Fairmont (Tax Map 06-08, Parcel 24), from Industrial to General Residential. Richard Nichols currently lives at 105 Amos Street and wants to know what the new owners’ intention is with the property, and has concerns that the lot is not big enough to build a home on, and that a trailer will go up on the property. 1 City Planner Wyrosdick gives an overview of the request, which answers Mr. Nichols question. Currently, the site is zoned industrial. Because of the change in zoning in 2005, it doesn’t allow residential to go back on the property. The new owner would like to rebuild a residential home on the property, so he is requesting a rezoning. The intent is to rebuild the site for a single family home. Single-wide mobile homes are not permitted any more in the city, unless it is in a park. If variances are required, Mr. Nichols will be notified and there will be another hearing. Wayne Vandergrift of 2206 Linn Street, Fairmont, speaks for the request. Mr. Vandergrift is the owner of 105 Amos, and his intent is to either put a spec house on it, or put up a home for a person who is currently interested in the property. With the current zoning, he can’t build a house there. He feels he will improve the property if it is rezoned. He will be able to fit a small house on the property. President Oliver asks if there is anyone to speak against this request. None. President Oliver: Public hearing is closed. Do I have a motion? Commissioner Greene: I motion to approve the rezoning of this property. Commissioner Weber: Seconded. PUBLIC HEARING #2 FOR AUGUST 20, 2014 President Oliver: David Campbell is requesting an interpretation of the Planning and Zoning Code with regard to accessory structures being constructed on lots without a primary structure. Mr. Campell’s property is zoned Neighborhood Residential. City Planner Wyrosdick gives an overview. This is not a request for a variance for Mr. Campbell, it is an interpretation of how this regulation is applied throughout the entire city. The Commissioners have to separate themselves from Mr. Campbell’s situation from the entire impact of the city. Anything that is an accessory structure cannot exist without a primary structure. One reason is that it typically creates an illegal use of the property. Kathy describes various ways of illegal uses, and reasons why interpretation of the ordinance is necessary by the Planning Commission. City Planner Wyrosdick continues that Mr. Campbell built a stand-alone deck without the proper permits. Had he visited our office, we would have been able to advise him that it would not be allowed. Code enforcement has since asked him to cease construction of the accessory structure. It is staff’s recommendation that we continue with the interpretation of all structures, whether open or enclosed, to be considered accessory structures and, therefore, not be allowed to be a standalone use on a lot. 2 President Oliver asks if there is anyone here to speak for this request. Carrie Campbell, wife of David Campbell, of 1532 Country Club Rd said their original intent was to build a home on the property. But they started with the deck close to the river so their son could fish. Ms. Campbell feels they are improving the property. Rusy DeVito, mother of David Campbell, of 7 Troy Lane, said David took a piece of property that nobody wanted to try to improve it. Ms. DeVito discussed the condition of surrounding dilapidated properties and how these properties should be cleaned up. Properties should be looked at individually; blanket laws don’t fit every case. Everything does not fit in the same box. President Oliver asks if there is anyone to speak against this request. None. President Oliver closes the hearing and asks for a motion. There is confusion about what the motion should be. Kathy tries to clarify. There is discussion about if a house was built on the property, would the deck be a legal accessory structure, and the answer is yes. The Campbell’s request would need to go to the Board of Zoning Appeals. Commissioner Parker: I move that we approve the interpretation of Section 1303.03 as provided by the City Planner. Commissioner Majic: Seconded. Roll call vote on both public hearings. David Campbell request is 9-0 in favor. D & W Contracting LLC rezoning request is 9-0 in favor. There is more discussion about trying to accommodate the Campbell’s request and working together with the Planning Department to find a solution, and not have to tear down the deck construction. PUBLIC HEARING #1 TO SET FOR SEPTEMBER 17, 2014 President Oliver: Technology District Text Amendment City Planner Wyrosdick speaks for Jim Estep from the High Tech Consortium. As the High Tech Park continues to grow, there is a need to expand the uses to accommodate light use industrial manufacturing. The tech district is not adjacent to anything else inside the city limits, residential or commercial. There is high amount of protection as far as what uses are appropriate there. The change is minor. It is a one sentence change to the text. President Oliver asks for a motion to set as a public hearing. 3 Commissioner Weber: Motioned to set. Commissioner Greene: Seconded. NEW BUSINESS Discussion about recommendations for the Connectivity Plan. City Planner Wyrosdick discusses how the Connectivity Plan focuses on the gaps within the system such as sidewalks and bike lanes, and how those gaps could be filled to provide the greatest impact to residents by connecting them to schools, parks, and commercial centers. The health impact assessment concentrates on the impact of the overall health of the community. The plan did not cover the state of existing sidewalks. The Connectivity Plan looks at five different sections of Fairmont, with 25-30 recommendations, focusing on the impact to economics, impact to residents, and getting the biggest bang for your buck. Is this a worthwhile project and will we embrace these recommendations, and incorporate it into our Comprehensive Plan? Implementation means going after grants, working with community groups, and advocating for their continued efforts. The Planning Commission needs to adopt the plan and move forward with implementation that is reasonable and feasible. What’s challenging is starting this kind of initiative mid-fiscal year. It’s almost impossible from a funding standpoint. What needs to happen next is a discussion what we need to work on for next year. What can we do to implement this plan? Discussion continued among the commissioners about bike lanes, walking paths, one- way roads, parking, and what kind of funding is available. The lack of water vendors, food availability, and lighting along the rail trail (26 miles) was also discussed. The Planning Commission should be ready to make a decision by next month’s meeting. CITIZENS PETITION None. OTHER BUSINESS Commissioners’ Comments Commissioner Greene: Jamie’s neighbor is having his house refinanced and his appraisal was reduced by thousands of dollars because of a house that is falling down next door. What are we doing about this? City Planner Wyrosdick: The residents have been cited, and Jamie will get an update. Commissioner Weber: There is a lot of legal history around this particular house. We need to make a recommendation to City Council to tear it down. 4 Commissioner Richardson: It’s interesting to learn how complicated some things are, and how hard it is to get something done easily. Commissioner Majic: It’s good to see Mark back. Commissioner Straight: Glad to have Mark back. I thoroughly enjoyed the work session presentation. I think it is doable. Commissioner Miller: Nothing. Commissioner Pitman: Congratulations to Commissioner Greene on his new appointment to City Council and his new job at North Marion High School. Commissioner Parker: I’m sorry I missed the last meeting; I was on vacation. President Oliver: The Connectivity Plan work session was great. This is a great route to get started on sidewalks. Let’s get moving on it. Staff Updates City Planner Wyrosdick discussed the Beltline Plan progress, and the Appalachian Transition Fellow who is no longer with us due to an accident. A Brownfields Assistance Center opportunity has since opened up with the Fast Track project. A team from FSU will start working on a financial strategy for some of the Brownfield sites on the Beltline, as well as parking. There’s a Community Leadership Academy program in October in Morgantown – it will cover how to engage a community and what it means to be a city leader. The BAD Building project is progressing. We have identified close to 300 buildings within the city. Solutions to vacant and dilapidated buildings are challenging because it’s not just a local issue, there are statewide barriers to deal with as well. Our Home Rule application is dealing with dilapidated properties, such as tax credits. Once identification is done, prioritizing and discussion about reuse options are necessary. Demolition costs a lot of money, so coming up with reuse options is important. There will be a West Virginia BAD Buildings summit, October 7-9, in Huntingdon, which will concentrate on educating and training teams about land banking. President Oliver speaks of the Neighborhood Crime Watch program, asking the commissioners to revisit this issue. There is such a program, and the police department is in charge of it. Donnie Neal is the contact person. ADJOURNMENT President Oliver: Do I have a motion to adjourn? Commissioner Straight: Motion to adjourn. Commissioner Majic: Seconded. 5