Planning Commission
Regular MeetingFairmont, WV · July 22, 2015
Minutes
FAIRMONT PLANNING COMMISSION
The regular meeting of the Fairmont Planning Commission’s Special meeting was held on July 22, 2015 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 Commissioner Parker
Commissioner Pitman Commissioner Richardson
Commissioner Weber
Commissioner Majic
Commissioner Miller
Commissioner Straight
Commissioner Greene
CITY STAFF:
Interim Planner – Mark Miller
Recording Secretary – Maria Cipolla
PLEDGE OF ALLEGIANCE
PUBLIC HEARINGS TO SET FOR July 22, 2015
1. On behalf of Mountaineer Holdings, L.C., Merit Development Inc. is requesting a rezoning of the properties
located between Morgantown Ave. and Speedway Ave. also known as Owens Illinois, Tax Map 03-02 Parcel
35 and 04-08 Parcel 30, and the following adjoining properties Tax Map 03-02 Parcels 35.1, 37, 37.1, 38, 39,
and 99, Tax Map 04-08 Parcels 13.1, 49, 49.1, 49.2, 145, 145.2, 146, and 147 from Highway Commercial to
Industrial.
President Oliver asked if there was anyone to speak in favor of this request.
Russell Bolyard stated he is from Merit Development Incorporated. He is the Asset Manager for the company and he is
here on the behalf and support of their request.
President Oliver asked, what exactly is that request?
Russell Bolyard added, we are under contract to purchase the Mountaineer Holdings L.C. property. As part of that
contract, we requested that we have the zoning changed from Highway Commercial to Industrial. We feel that will
enhance the potential development of the property.
Commissioner Weber asked Mr. Bolyard if he would be purchasing the smaller, independent properties as well.
Russell Bolyard stated, they would not be purchasing the other properties, just the Mountaineer Holdings property
which is 20 to 26 acres.
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President Oliver asked if there was anyone else to speak in favor of this request.
Robert Thompson stated, I own property along Speedway that joins this property. I think it is a wonderful thing that we
have somebody interested in developing the old Owens property that has just been nothing but an eye-sore for a long
time. I think it is a great thing that we have somebody finally who will do something with the property. So I am for
changing the zoning.
The Commissioners thanked Mr. Thompson for his comments.
President Oliver asked if there was anybody else to speak for this request.
There were none.
President Oliver asked if there was anyone to speak against this request.
There were none.
President Oliver stated he had all the agency comment forms from the different departments and utilities. There are no
negative comments. He then asked if the Commissioners had any comments, questions, or a motion.
Interim City Planner, Mark Miller, gave his staff report stating, Mr. Bolyard has been working on this project for over a
year. He has used this time to comply a great deal of information on the site, most of which all of you have in your
packets. The applicant is requesting a rezoning of the two parcels known as Owens Illinois and the remaining portion of
Highway Commercial properties from Speedway Ave to the south, to Morgantown Avenue North and King Street to the
west, to Freedom Street to the East and that would go from Highway Commercial to Industrial to facilitate the purchase
and future development of the property. The petition must come from a minimum of 50% of the property owners
effected. The Owen’s portion along with Mr. Thompson’s holdings comprise nearly 85% of the area. They are well
within the requirement. Section 1309.04 states the Planning Commission shall make a recommendation to City Council
for such a request and the request shall meet certain criteria. Number one, the need and justification for the proposed
amendment. As Mr. Bolyard and Mr. Thompson stated, the property was previously owned by Owens/Illinois for several
decades for industrial purposes and the plant was closed in 1982. The proposed change in zoning to Industrial would
greatly improve the marketability of the site by providing a wider range of allowable uses. Number two, the effect of
the proposed amendment on these properties and the City as a whole would not hinder any current use by existing
property owners due to the inclusive nature of the new industry regulations that we just pasted in May of this year. The
proposed rezoning would also bring some of the non-conforming areas into compliance. Number three, the relationship
of the proposed amendment to the Comprehensive Plan completed in 2005, this area was designated for Commercial,
Business and Residential. Highway Commercial does not permit Residential uses. The new Industrial that we worked on
and passed in May does permit Residential uses. For that reason, a change to industrial would make that area more
compliant to the zoning code.
Whether there have been major changes of an economic, physical, or social nature within the area involved which were
not anticipated, when the Comprehensive plan was adopted, the intended use for the vacant property seems to be
Mixed Use and Commercial which is permitted whether the proposed amendment should be adopted. Based on the
previous discussion points, planning staff supports the rezoning request. All of the legal requirements have been met.
Legal ads and signs were done as required.
President Oliver asked if there was a motion.
Commissioner Weber motioned to approve the request.
Commissioner Pitman seconded
A roll call vote was done. Motion carried 7-0
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NEW BUSINESS
None
CITIZENS PETITION
None.
OTHER BUSINESS
Commissioners Weber asked that Commissioners Richardson and Parker be excused from the meeting.
Commissioner Pitman seconded the motion.
President Oliver added, it is nice to see a business want to come and try to do business in the City of Fairmont. We
appreciate that. Everybody always says how tough it is to do business here. Hopefully, we have done a little thing to try
and make that change. To break that stereotype. The City Council is probably as excited as we are to have new business
here. Congratulations, I wish you the best of luck.
Commissioner Straight told Mr. Bolyard to tell his friends, “Yes, we’re open.”
Mark Miller added, from here we go to City Council. I will put together the ordinance with the City attorney. We should
be slated for the first reading on August 11, 2015.
Mark Miller and Commissioner Straight told Russell Bolyard that he should be there for the first reading in case one of
the Council members have any questions.
Staff Updates:
None
ADJOURNMENT
President Oliver asked for a motion to adjourn.
Commissioner Straight motioned to adjourn.
Commissioner Majic seconded the motion.
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Agenda
AGENDA
THE FAIRMONT PLANNING COMMISSION
Special Meeting
July 22, 2015
Public Safety Building
7:00 P.M.
I. MEETING CALLED TO ORDER
II. ROLL CALL OF MEMBERS
III. PLEDGE OF ALLEGIANCE
IV. APPROVAL OF MINUTES
None
V. PUBLIC HEARINGS FOR July 22, 2015
1. On behalf of Mountaineer Holdings, L.C., Merit Development Inc. is requesting a
rezoning of the properties located between Morgantown Ave. and Speedway Ave. also
known as Owens Illinois, Tax Map 03-02 Parcel 35 and 04-08 Parcel 30, and the
following adjoining properties Tax Map 03-02 Parcels 35.1, 37, 37.1, 38, 39, and 99, Tax
Map 04-08 Parcels 13.1, 49, 49.1, 49.2, 145, 145.2, 146, and 147 from Highway
Commercial to Industrial.
VI. NEW BUSINESS
None
VII. CITIZENS PETITION (For items not listed on the agenda).
None
VIII. OTHER BUSINESS
1. Commissioner Comments
2. Staff Updates
IX. ADJOURNMENT
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