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Planning Commission

Regular Meeting

Fairmont, WV · July 22, 2015

AgendaMinutes

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. 1 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 2 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. 3

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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