Planning Commission

FAIRMONT PLANNING COMMISSION The regular meeting of the Fairmont Planning Commission was held on May 17, 2017 at 7:00 p.m. at the Public Safety Building located at 500 Quincy Street. Commissioner Greene 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 Commissioner Greene Commissioner Blickenstaff Commissioner Richardson Commissioner Majic Commissioner Parker Commissioner Colley Commissioner Carpenter Commissioner Straight Commissioner Yann Commissioner Greene motioned to excuse Commissioner Straight from tonight’s meeting. Commissioner Yann seconded the motion. Motion carried 5-0. CITY STAFF City Planner – Sandra Scaffidi City Manager – Robin Gomez PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES FROM April 19, 2017 Commissioner Parker motioned to approve the minutes. Commissioner Yann seconded the motion. Motion carried 5-0. PUBLIC HEARING FOR April 19, 2017 1. James Keener requests the abandonment of a right of way between Clark Street and Satterfield Street at Clay Street. The proposed right of way abandonment is located between tax parcels 5-8-169 & 5-8-176. Commissioner Greene: Is there anyone here to speak in favor of this request? If so, please step forward and please state your name and address for the record. James Keener: I am requesting this abandonment because I want to take care of the alley because the city isn’t taking care of it. I spoke with some of my neighbors and told them nothing is going to change. They can still come and go. Commissioner Yann: Are you requesting the whole alleyway be abandoned? Mr. Keener: No, just the area by my property; 87 ½ feet or so. Commissioner Greene: Any other questions? Thank you, Mr. Keener. Is there anyone here to speak in favor of this request? Is there anyone here to speak against this request? Ms. Kim Webber: May I speak for my mother? She couldn’t hear what was said. Commissioner Greene: Yes, please step up to the podium and state your name and address Ms. Webber: I’m Kim Webber. Bernice Hardway is my mother and she lives next door to the Keeners. I am not sure I quite understood because I couldn’t hear Jim, what exactly it is because we were not notified; we did not get a certified letter. The other neighbor on the same side of the street did not get a certified letter. Sandra Scaffidi: Certified letters were sent out. The Keeners also told us they did not receive their certified letter so I am not sure what happened but we did send them to the Mills at 804 Clay Street, Bernice Hardway at 308 Satterfield, Edna Weaver at 307 Clarks Street and the applicants James and Hildegard Keener at 807 Clay Street. Ms. Webber: Did you not send to the Greens? Sandra Scaffidi: We only send certified letters to property owners immediately adjacent to the area petitioned to be abandoned. And because this whole alley was not petitioned to be abandoned, just this particular small portion, we only [addressed letters] to the neighboring property owners right around that area. Ms. Webber: So my question is, if that property is sold, at one time we had a garage there many years ago, would other people be able to put a garage there because that would land lock her because her deliveries come that way. If we bring in mulch, rocks, appliances they have to come in that way because we cannot block Satterfield Street. Sandra Scaffidi: If the Commission so chooses to approve this abandonment application and City Council agrees to it, the ROW that is petitioned to be abandoned would not be accessible to the public. It would be turned over to the Keeners for private property. Ms. Webber: That land locks her to where so can’t get into her property for tree cuttings and things. After all these years, I was disappointed that they didn’t come talk to her first and then she didn’t get a letter. She just happened to see the sign yesterday. Sandra Scaffidi: We do have to put the sign out by law. Ms. Webber: She saw it laying down and thought, ‘what’s that for?’ because they keep everything nice and neat too. That was when she called me to find out what is going on. Sandra Scaffidi: The Keeners did let us know that the sign fell down because of the wind and they did prop it up. Ms. Webber: So, if they approve it, then what does she do when she needs a tree cut down on her property? There is no way to get there. Commissioner Greene: Is this 308 Satterfield here (referencing map)? Sandra Scaffidi: Yes. Commissioner Greene: Do you see 308 Satterfield on this map? It is adjacent to the subject property. [Inaudible Discussion] Commissioner Yann: She owns 3 lots? Sandra Scaffidi: The whole right of way would not be abandoned all the way to the end of the street, only a small area near Clark [sic Clay Street]. Ms. Webber: It is grass past the property as everyone maintains it. I thought there was a ditch on the other end. Is there a ditch on Market Street at the end of the alleyway? Sandra Scaffidi: I don’t know. Commissioner Greene: We don’t know the condition of the alley at the other end? Sandra Scaffidi: It is all grassy. Ms. Webber: It is grassy. Everyone just mows it. It has been that way since I was a child. Sandra Scaffidi: It is not maintained as an alley. It is all grass. Commissioner Greene: Your mom’s house front’s Satterfield, correct? Is there a curb there that would prevent deliveries from being made around there? Ms. Webber: It would block the whole street. The neighbors park there. She has one little designated spot. It gets congested when we even come to visit her sometimes. It is just a narrow street. There is just enough room for one car. Jamie Greene: I see four cars in this picture. I can see exactly what you mean. Ms. Webber: And that is the normal. And then the other neighbors come down and park. We can’t park on a little piece of the flat land that she has. We can’t go accessing it without four wheel drive if you are lucky and if it is wet you just can’t do it. Commissioner Greene: Does anyone have any questions? Commissioner Yann: This section of ROW that is petitioned to be abandoned; do you use that now? Ms. Webber: Occasionally. And usually it is not a problem. If we have a delivery we’ll call Jim and Hilda. Like whoever we see. No cars are in the way and that is fine. But I am thinking in the future if mom passes away and there is no parking and she is just by herself. You get a family that might buy that and they might want to put a garage somewhere. So that was just an option. My poor brother has texted me all day over this. Commissioner Yann: If the remaining part of the alley is grass, that doesn’t mean that you couldn’t access through there, does it? From Market Street? You could still access it from Market Street? Ms. Webber: If there isn’t a ditch through there. I don’t remember about a ditch. Commissioner Parker: Can you drive through all the way? Ms. Webber: No one has for years. They just mow it. Sandra Scaffidi: It is essentially the back yard to the neighboring properties. Ms. Webber: So she has three lots and I think Geoff and Cheryl have two lots or just one big lot. It is the last lot on Satterfield. Commissioner Greene: It is just one lot. Sandra Scaffidi: Her mom has these three [explaining to Commissioner Greene while pointing to a map]. Commissioner Carpenter: Is this the market street alley (showing Ms. Webber an aerial map via google)? Ms. Webber: Yes. The discussion is indiscernible. Commissioner Greene: Thank you. Hang on Mr. Keener. Is there anyone else to speak against this request? Ok, Mr. Keener, would you like to add a comment? Mr. Keener: My family has owned this property for three generations. I am the third generation. And if anything ever happens to me and my wife, my son would inherit it and he is the fourth generation. And we have no intention of moving or thinking about moving or selling. And I told her mom that there would be no change and that anytime they need to get in just tell us and they can come right in. As far as Market Street is concerned if there is a ditch or isn’t a ditch, the City can put a culvert over that. And they can get in and out that way. I spoke to Geoff Greene who is over at the last house at Market Street and I told him the same thing and he said I don’t care. He moved in a shed and came in from Clay Street and that shed was really gigantic. Our section of the alley is not grass. It is asphalt from years ago. It is all broken up from years ago. I’d like to fix it up and put a retaining wall in to fix it up. Commissioner Greene: Any more questions for Mr. Keener? Commissioner Yann: I have a driveway and there is a portion of it that I have in the deed that I have a right of way through there. Is that a possibility that if she feels that some type of agreement that she can access it? Mr. Keener: Sure. But I would like to own it just in case. Commissioner Carpenter: She would have a ROW to use it. Councilman Yann: With permission of course. Mr. Keener: When I make up my new deed I’d like to include it in the deed so no one can take the bottom half and I’ll take the top half. Commissioner Parker: If you granted her a ROW, you wouldn’t be able to put a wall up or do anything to block the alley to impede traffic going through. So you wouldn’t be in any different situation than you are in right now. You may own it but if she has a right to go across it then you can stop her from going across it. I don’t think that solves the problem. Commissioner Greene: I think Mr. Keener’s primary concern is to maintain the alley and do some upkeep without having to ask permission in the future. The retaining wall is not to block the alley; it is for the length of the alley. Are there any other questions for Mr. Keener? Is there a motion to close to public hearing? I think that I will ask the commissioners that if the Commissioners motion to approve it, that I will ask them to include that language so that…. Mr. Keener, Jr.: Is there some legal paperwork we can fill out? Robin Gomez: You cannot change what has been requested by the applicant. But you can add if you are concerned about a future maintenance concern that could be added but you cannot change something that has already been. Commissioner Greene: We are adding the request that he provide his neighbor with a ROW in his deed. Robin Gomez: They would have to get a legal opinion on that. Because that is a change from what the applicant requested. You are adding another component that is a legal component to the current request. Mr. Keener: I would like to own the alley and give them permission and they can ask whenever they want. Sandra Scaffidi: I think their concern is in the future. Mr. Keener: My son is the future. Mr. Keener, Jr. And I am not going anywhere. Robin Gomez: But in this case something, if were to happen in the future. I think concern is. Mr. Keener, Jr.: Can we just draft a letter and have it notarized with both of our signatures that says… [Unintelligible] wouldn’t that count as a legal document? Between us? Sandra Scaffidi: I think it would need to go with the land unless you are just talking about… Commissioner Greene: I have a little bit of experience with this in Maryland and we (my family) never took that agreement between families that was notarized to the courthouse so in the end, it was not valid. But if you take all those steps between you, although I am certainly not a lawyer in WV, although you are (to Mr. Parker), Sandra Scaffidi: We can also table this until next time. Commissioner Greene: We can table this to give you the opportunity to write the letter and resolve the difference between you so it isn’t an issue when we come back. And we can table it until next month. Sandra Scaffidi: June 21, 2017. Commissioner Parker: I am concerned about whether the notice requirements were met. If no one received notices we need to re-notice and start over. Sandra Scaffidi: We did not receive cards yet saying the certified letters were delivered either. Commissioner Greene: Do you have anything to add? Mr. Keener, do you have anything to add? Do I have a motion to close the public hearing? Commissioner Parker: So moved. Commissioner Yann: Second. Commissioner Greene: All in favor, all opposed? Motion carries. Do we need the staff report at this point? Let’s move along; any further discussion? It seems to me we have two issues: the notice issue and the documentation between the two families. It appears to me if that documentation is in place, then the concerns would be resolved or met; a guarantee of access across that. Is there anything else we need to address? Commissioner Parker: I think we need to defer this to the next meeting if we can meet the proper noticing procedures. It may need to be July, but I don’t think we can grant a right-of-way abandonment subject to an agreement to grant a ROW through that as a result of that. I’m not sure we can do that. I’m speaking off the top of my head, but our authority is limited to granting the abandonment or not. Once it’s abandoned, it is up to others to deal with it. Mr. Keener will own it if City Council will approve it. I don’t think we can say we recommend abandonment subject to documentation of a ROW in [indiscernible]. Commissioner Greene: I agree with you. I just mentioned it as something maybe, on the list of things to do, we have to do noticing and they have work to do between them. Commissioner Parker: I think that is irrelevant to our decision. It is an extraneous factor. Commissioner Greene: Yeah, except Ms. Webber will be back in a month telling us why we shouldn’t do it. Commissioner Yann: But that leaves it plain to us [indiscernible]. Commissioner Greene: Shall we table this till the next meeting? Is there a motion for that? Commissioner Richardson: So moved. Commissioner Yann: Second. Commissioner Greene: Will you do a roll call vote please? Commissioner Parker: Yes Commissioner Richardson: Yes Commissioner Carpenter: Yes Commissioner Greene: Yes Commissioner Yann: Yes Sandra Scaffidi: Motion carries 5-0 Commissioner Greene: Motion carries. Sandra Scaffidi: We do have enough time to meet the notice requirements for June. Commissioner Greene: June 21 is the next meeting. If you have any questions, Sandra should be able to answer them. Commissioner Greene: Second Public Hearing: Ray and Paula Friend request the abandonment of a ROW between 1081 Westview Drive and 1091 Westview Drive as 3-19-58 and 3-19-11. Is there anyone here to speak in favor of this request? If so, please step forward and state your name and address for the record and sign in? Ray Friend: We requested abandonment of the ROW. We have lived there since 1990. This is an undeveloped ROW. It is splitting the two yards. In the last year and a half my daughter and son-in-law have purchased the adjoining property. We are maintaining both properties through that ROW now and the alleyway that is supposed to be there is not there. We are requesting it be abandoned so we can maintain it. Some of the trees are threatening the property and we would just like to maintain it. Commissioner Greene: Anyone else to speak in favor of this request? Is there anyone to speak against this request? Is there a motion to close the public hearing? Commissioner Yann: I move to close the public hearing. Commissioner Carpenter: I second. Commissioner Greene: All in favor to close the public hearing say aye. All opposed? Motion carries. Sandra, can we have the staff report please? Sandra Scaffidi: The Friend property ROW abandonment application did not have any negative comments from outside agencies, departments or neighboring property owners. We received back our comment cards so proper notice was delivered. Staff recommends the approval of this specific section of ROW as requested in the application. Commissioner Greene: Is there any discussion or questions on the matter from any commissioners? Commissioner Parker: Is there any current public purpose for the ROW? ‘ Sandra Scaffidi: No. There are no utilities running through there as far as City utilities. I believe that it was put there, and this is just an assumption, that there is a large parcel behind there that was probably going to be developed once upon a time. We did speak to the property owner and they had no concerns about the ROW abandonment. Commissioner Parker: Does it landlock anything? Sandra Scaffidi: No, the other property is accessible from the other side of the property. Commissioner Greene: Are there any other questions from the Commissioners? Is there a motion regarding this request? Commissioner Parker: I move to approve Commissioner Carpenter: I second. Commissioner Greene: Sandra, will you provide a roll call vote please? Commissioner Parker: Yes Commissioner Richardson: Yes Commissioner Carpenter: Yes Commissioner Greene: Yes Commissioner Yann: Yes Commissioner Greene: Motion carries 5-0. Thank you. There is one public hearing to set for the June 21st Meeting. Thomas Hamilton requests the abandonment of a ROW along Worthington Street at Marion Avenue between Tax Parcel 01-12-115 and 01-12-113. Is there a motion on this request? Commissioner Yann moved to set the public hearing. Commissioner Parker seconded the motion. Motion carried 5-0 Commissioner Greene: All in favor? The public hearing is set for June 21. We have no new business. Sandra, has anyone registered to address the commission through a citizen’s petition for an item not on the agenda? Sandra Scaffidi: No. Commissioner comments: Commissioner Parker: I may be out of town on June 21 and I am not able to be here. If someone could excuse me from that meeting, I’d appreciate it. If I can be here, I will. Have a good month. Commissioner Richardson: Good meeting, thank you. Commissioner Carpenter: Good meeting, thank you. Commissioner Yann: I’m good. Commissioner Greene: I do want to make a motion to excuse President Straight from this meeting. Commissioner Yann, second, all in favor, aye. I do have one more question for you Sandra. For a variety of reasons I have been driving past Fairmont Middle School recently and it occurs to me that the Dunkin Donuts, Fairmont Middle, Sheetz traffic situation is getting interesting. My primary concern is what are the people coming out of the Duncan Donuts parking lot supposed to do? Sandra Scaffidi: There will be a light. It is taking several months, but should go in there shortly. It will be a four way stop light. Commissioner Greene. Will there be a left turn arrow? Robin Gomez: Yes. It will be a new signalized intersection all together. Commission Greene: When is Sheetz completion date? Robin Gomez: We heard they are opening in September. Sandra Scaffidi: they will be training their new employees for several months before the grand opening. Sandra Scaffidi: Staff report- just quickly, I wanted to remind everyone next week we have a joint Planning Commission/BZA/City Council meeting to talk about the Comprehensive Plan. Please try to make it. It will be in this room next Wednesday at 6pm. So that will be an update on the comprehensive plan. I also wanted to invite you all on June 29th between 6-8pm we will be having Christy Demuth and Jesse Richardson from the WV Law clinic talk to us about best techniques for being a planning commissioner and board of zoning appeals and I thought it might be great for the newer folks on the commission to understand why we are doing what we are doing and how to read the code more effectively. These folks are experts in their field and I thought they would be useful for us. Maria and Martha attended a class with these people last week at the WV Land Use Planning Conference and they were pleased with the presentation and so we decided to bring it back and introduce it to the Commissioners. Thank you again everyone for your service. Commissioner Greene: Do we have a motion to adjourn? Commissioner Parker: So moved. Commissioner Richardson: Second. Adjourned. 7:35pm