Planning Commission

FAIRMONT PLANNING COMMISSION The regular meeting of the Fairmont Planning Commission was held on June 21, 2017 at 7:00 p.m. at the Public Safety Building located at 500 Quincy Street. President Straight 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 Parker Commissioner Richardson Commissioner Majic Commissioner Blickenstaff Commissioner Colley Commissioner Carpenter Commissioner Yann President Straight Commissioner Carpenter motioned to excuse Commissioners Parker and Majic from tonight’s meeting. Commissioner Yann seconded the motion. Motion carried 7-0. Commissioner Greene: I would like to make a motion to excuse Commissioners Majic and Blickenstaff from the May 17th meeting. I didn’t receive the message until after I had left for the meeting. Commissioner Richardson seconded the motion. Motion carried 7-0 CITY STAFF City Planner – Sandra Scaffidi Recording Secretary – Maria Cipolla PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES FROM May 17, 2017 Commissioner Blickenstaff motioned to approve the minutes. Commissioner Richardson seconded the motion. Motion carried 7-0. PUBLIC HEARING FOR June 21, 2017 1. ***Withdrawn*** Holbert Holdings, LLC. requests the rezoning of 1083 Country Club Road from General Residential to Neighborhood Mixed Use. The property is located on tax parcels 3-12-9; 3-12-10. Sandra Scaffidi: The applicant sent us an email wishing to withdraw his application at this time. 2. ***Tabled Item*** 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 and 5-8-176. President Straight: I need a motion to take this item off the table. Commissioner Greene motioned to take this item off the table. Commissioner Yann seconded the motion. Motion carried 7-0 President Straight asked if there was anyone to speak in favor of this request? James Keener: I am asking for this abandonment of the right-of-way so that I can improve the alley. I would like to pave and build a retaining wall along the side of the driveway on my property because the alley is slipping down to the lower lot. I received a call from Mrs. Hardway after the surveyors completed their measuring. The neighbors above us, on Satterfield Street inquired why we were having our property surveyed. So we explained to her that we were having it done so that we would know where properties lines are. We also mentioned to her that we are going to try and have the alley abandoned between our properties. She was concerned about having access to her property. We told her she will be able to come and go. There will be no change; no problem. We left her home with the impression that there was no problem. Then we talked to our neighbor, Jeff Greene. He said he didn’t have a problem with it. We spoke with Ron & Sharon Mills and they are in agreement with my request. I talked to Edna Weaver on Father’s Day. She lives on Clark Street. She couldn’t be here tonight. She is 86 years old and doesn’t walk that well. She did write me a certified note (Mr. Keener gave it to the Commissioners and is now in his file) stating: This is to certify that I, Edna Weaver, have no obligation to the closing of the alley that runs behind my property on Clark Street in the City of Fairmont. Sincerely, Edna M. Weaver. It is important to mention that in a course of about a year, the alley has not been used more than three or four times. It has only been used two times this year. Mrs. Hardway goes to Bear Mountain in the summertime from June to sometimes in September. During that time, we notice the alley is never being used. During the winter months, the alley is never used. We still keep it clear just in case. My neighbor on the other side of Clay Street helps me out. We use the alley every day of the year. We had an outside light for the last forty-five years that we pay for that light up the whole back way. We don’t ask for a penny and never will. We just want to be a good neighbor. After our last meeting on May 17th, Mrs. Hardway’s daughter drove her pickup truck from Satterfield Street down to her yard, around the trees, and then drove her truck back to Satterfield Street. This means they have another access to their property. Commissioner Yann: Are there any utilities going through the part of the right-of-way you want abandoned? James Keener: There is a sewer that goes down the middle of the right-of-way. There is a gas and water line that goes to the apartment. I am ready to take on full responsibility. President Straight: Is there anybody else to speak in favor of this request? There were none. President Straight: Is there anyone to speak against this request? Kim Weber: I am Bernice Hardway’s daughter. I have a red truck, but I didn’t drive in the right-of-way. It had to be my sister. We don’t’ use the right-of-way often, like Mr. Keener said. But we all know, my mother is not going to live forever but it is still going to be restricted. There is a gas line in the right-of-way. My sister had to be in four-wheel drive in order to drive the alley. An average car could not make it. Parking is a problem on our street. The Keeners have always been good to us. We unload and then we pull right back out, but we are looking at the future and how it will affect future property owners. There is a gas line pipe that sticks up in the right-of-way, so coming in from the other end really isn’t feasible. My Dad use to have a garage back there when I was young. My mother said that she does not want the right-of-way abandoned. President Straight: Is there anybody else to speak against this request? Cheryl Greene: I am not for or against this request. I just have one question. Will they be able to build a permit structure that would obstruct the alley? We have lived there for forty years. They have always parked two cars there. If we ever need the alley, we just go down and ask them, and they are always willing to move their vehicles. Commissioner Carpenter: They won’t be able to build a structure on the right-of-way. Cheryl Greene: Would we be able to have access to come through there? President Straight: No. Cheryl Greene: That is my only concern. If our building back there got knock over by one of the trees, they could never bring in a new building from the other end of the right-of-way. They had a difficult time bring it in from Clay Street. It would be impossible the other way. President Straight: Is there anyone else to speak against this request? There were none. President Straight: I need a motion to close the public hearing. Commissioner Greene motioned to close the public hearing. Commissioner Carpenter seconded the motion. President Straight: If you look at the sanitary sewer and other lines else running through that area, approving the request could present a problem later on with grading and other things. The intent may not be like that now, but it could be later on down the road for someone else. Commissioner Greene: I think long term access to that right-of-way is necessary. We don’t know what the future holds for anybody along any of those streets. That, along with the fact that the sewer is there, complicates matters. President Straight: Also, there is no way they can build a structure and cut that alley off. Sandra [Scaffidi], can we have the staff report? Sandra Scaffidi: I think this is a very complicated case. I have heard from both sides. I have gotten to know the Keeners particularly well. We did receive one negative comment from an outside agency regarding this abandonment. The City’s engineer, Bill Foley, identified an existing sanitary sewer line that is located in the alley from Clay Street running towards Market Street. As you know, the City needs to have access to this sewer to maintain it properly and to service it. I realize that Mr. Keener was willing to take on the responsibility of that, but I don’t believe the City could allow him to take on the responsibility of the sewer. We also received a phone call from Kim Weber who expressed her displeasure against this abandonment. Before we can approve an abandonment of a right-of-way, we need to decide and determine that it would not have any future service to the public. It would only exist as an appearance on a plat for the City and we have to show it is in the best interest for the City of Fairmont. Unfortunately, because of the sewer and the negative comments that we did receive on the City’s side, I would have to recommend against this abandonment. President Straight: I think if you look at the recommendations that Sandra [Scaffidi] mentioned, the staff is concerned. I am not speaking in favor or against. The potential of the sewer line being inaccessible to the City at a later date would be detrimental to the City’s operations in the future. President straight: Do I have a motion? Commissioner Greene motioned to deny the request to abandon the right-of-way. Commissioner Richardson seconded the motion. Motion carried 7-0. 3. Thomas Hamilton requests the abandonment of a right-of-way along Worthington Street at Marion Avenue between tax parcels 01-12-115 and 01-12-113. President Straight: Is there anyone to speak in favor of this request? Thomas Hamilton: We built a house there in 2013. I grew up on this street. For as long as I can remember, that right- of-way was used as a driveway. I am just looking to abandon the right-of-way in case I ever want to pave it or do any work on my property. The portion of the road is not maintained by the City. I have a piece of property that blocks it from going any further. It is just something on the map that shows it is part of the street, but it is not a street. President Straight: Is there anybody else to speak in favor of this request? Randy Smith: I live across the roadway. I think the likely purpose of that right-of-way would have been to continue Worthington Street, but as Tommy mentioned, he does own a pie slice of property that prevents any development above us. Neither of us would care to have a road. Utilities aside, I don’t see a reason why the City would want to maintain this right-of-way. President Straight: Is there anybody else to speak in favor of this request? There were none. President Straight: Is there anybody to speak against this request? There were none. President Straight: I need a motion to close the public hearing. Commissioner Greene motioned to close the public hearing. Commissioner Yann seconded the motion. Motion carried 7-0. President Straight asked Sandra Scaffidi for her staff report. Sandra Scaffidi: This is another situation where we do have utilities running through this road. Utilities informed the Planning Department that there is a short section of waterline that runs through that area. A fire hydrant is near that section of Worthington Avenue and a sanitary sewer line also crosses that area, but it is not certain where. We also received a letter from Dominion Hope that states there is a gas line that runs through there. There would need an easement in place if the Planning Commission recommends abandonment. It is my recommendation to deny this application due to the existing utilities running through the subject area. Also, there is a large portion of property behind the proposed abandonment area, and while that is not City owned property, there is a pie-sliced area of land impeding that roadway, I can’t recommend that it would be in the City’s best interest to abandon this right-of-way right now. President Straight: The gas company has a right to service L3302, which is their line out there, to work on it. As far as building on top of it or around it, I know Hope Gas needs to establish something with the landowner prior to abandonment. That may be something they can look at down the road. Maybe the gas company can move the line or you have the line moved. It’s low pressure 3302. I know it runs through there because I use to take care of those lines years ago. The Dominion Hope Gas Company states that it will hinder their operations on their agency form. Thomas Hamilton: That aside, are there still issues with the other utilities? Sandra Scaffidi: The City has a waterline that runs through the lower portion of that area and there is an unknown sanitary sewer line runs in the area. President Straight: You have three lines that run through there. You have a gas line; a sewer line; and a water line. Thomas Hamilton: Do you have that on a map? Sandra Scaffidi: The sewer line hasn’t been located yet, but it is assumed to be in the area. The water line does run a little bit into the lower area, but it doesn’t run the whole length of the area. President Straight: That is something we have to look at later, but right now we have a recommendation from the gas company not to approve this abandonment because it hinders them. I understand that. Later on with the water and sewer it may be a hindrance. President Straight: At this time, since everybody has heard the facts, I need a motion to either deny or approve this variance request. Commissioner Greene: I do have one question. Is this all private property behind this right-of-way? Sandra Scaffidi: Yes. Commissioner Greene: I understand that Mr. Hamilton has that pie-shaped piece that blocks this right-of-way. Is there another access point to the property behind his? Sandra Scaffidi: Yes. President Straight: Jamie, if you look at the map, you’ll see both access points are covered with utilities. Sandra Scaffidi: For the record, we do not have a record where the gas line is located. We just received a letter stating that it runs through that area. We send them your application with your parcel and the area highlighted. It is up to them to determine if they have lines in the area or not; so we don’t know exactly where the line is running in that area. The City’s water line runs up the right-of-way a little bit. We don’t know where the sewer line is, but we have been alerted that it is in that area. President Straight: Whether they are approved or denied tonight, what would be their time frame to get with the gas company or the other utilities? Sandra Scaffidi: I believe they could make an agreement with the gas company to make an easement, but they won’t be able to build on it. That would be between the applicant and the gas company. President Straight: (speaking to Mr. Hamilton) that would be something you would have to do. You would have to make an agreement that you would o.k. them to do whatever need to do and probably hold them harmless is something would happen. I don’t know, but that maybe something you want to look at. Thomas Hamilton: The gas line comes up Marion Avenue, but I don’t know if it shoots up that little right-of- way. Without having a mapping showing where everything is at, I don’t see how we can approve or deny. President Straight: It’s not what we don’t know, we know where the gas line is and they are the ones who recommended against. That is what we take in consideration. Sandra Scaffidi: Depending on the way this Board decides, if you do vote to approve this, I would recommend that (unfinished statement). President Straight: If we vote for an approval, they have to bring in an agreement from the gas company that holds the gas company not harmless or anything in that area. Maria Cipolla: An easement will have to be filed with the County Clerk and put on record with the deed. Frank Yann: If his request is denied, how long does he have to wait? President Straight: If it is turned down, they have to wait until they get an agreement from the gas company. Sandra Scaffidi: They can come back, but we need to determine the legislative intent of the Fairmont City’s code. President Straight: Do I have a motion to approve or deny this request? Commissioner Greene: Based on the information we have before us tonight, and to quote the code, it would not be in the best interest of the City to abandon the right-of-way at this point in time; so I make a motion to deny this request. Commissioner Yann: I second. President Straight: May I have a roll call vote: Commissioner Richardson: Yes. Commissioner Carpenter: Abstain. Commissioner Colley: Abstain. Commissioner Greene: Yes. Commissioner Yann: Yes. Commissioner Blickenstaff: Abstain. President Straight: Yes. Motion carried 4 Yes, 3 Abstained. President Straight: This request is denied at this time. Please don’t let that deter you. If you can get someone from the gas company and come out. Then bring it back in front of Sandra [Scaffidi]. Thomas Hamilton: Will I have to refile again and pay more money now that it [the rates] has jumped up? Sandra Scaffidi and President Straight: Yes. President Straight: Call 811 and have the utilities company come out and mark their lines. That way you know where everything is and you can decide from that whether or not you want to pursue this any further. Thomas Hamilton: I thought that was all part of the process. That should have all been done before this. Sandra Scaffidi: We did. I. PUBLIC HEARING TO SET FOR JULY 19, 2017 None. II. NEW BUSINESS None. III. CITIZENS PETITION (For items not listed on the agenda) (Citizens must register in advance with the recording secretary) None. IV. OTHER BUSINESS 1. Commissioner Comments: Commissioner Richardson: Good Meeting. Commissioner Blickenstaff: Is it possible to have the utilities marked out? Is it possible to have pictures of it? Sandra Scaffidi: It is in your packet on the last page. President Straight: It is a good question, but if I am going to build something, I’m going to check things out. I’m going to call Miss Utility. They will come out and tell you the depth. Not only that, what are the property owner’s intentions. Why do they want this right-of-way abandoned? Even if this owner says he is going to leave the right-of-way open, the next owner may not want to. That is what you have to look at. Commissioner Blickenstaff: These requests were similar, but the second one didn’t have anyone against the request. There is a big parcel behind him. I am assuming they were notified, but nobody came here tonight. Sandra Scaffidi: No. They were not notified; only the immediate neighbors are notified. Commissioner Blickenstaff: So they wouldn’t have been notified because of that pie-shaped piece that Mr. Hamilton owns? President Straight: Correct. Commissioner Blickenstaff: So if the people behind him ever want to develop behind him, would the City have to petition Mr. Hamilton to get that piece from him them, I guess? He said that the right-of-way is not maintained by the City? President Straight: Yes. Sandra Scaffidi: It is maintained by the City. It is paved beyond their house. They don’t go all the way up; it is a dead end street. Commissioner Yann: I replaced a big section of sidewalk a couple of weeks ago. I call 811 to be cautious. The gas company found a shut off that I never knew was there. I have lived in my house for 45 years. It had sunk down a foot. I won’t have known if I hadn’t called them. They also found other lines; we don’t even know what they are. President Straight: So if you call 811, you don’t have to call 911 (laughter). You don’t know where these lines lay; sometimes the gas company doesn’t know. They have lines that they thought they killed, but are still alive. Somebody goes digging and they are in deep trouble. Commissioner Colley: You have to call Miss Utility and you have to be clear on what you want to do. You can’t assume anything. Commissioner Greene: This is 2017; I think the technology exists. I feel like I have seen the technology in other professional related stuff that maps utilities. If we don’t have maps of utilities, we should. We shouldn’t be in a position that we think there is a water or sewer line. We should be able to say exactly where the line is located. I think somebody should look into it. I think, as a City, should be able to talk a little bit about right-of-ways; what they mean; where they are; what they were meant to be; and what the City’s approach to them generally is. When the Keeners were here last month, we had a discussion about the alley that goes by my house. It is a common discussion among my neighbors. All of us access our houses through the alley; none of us own the alley. It gets maintained by us putting in gravel and then it rains. There are some things we should be aware of; especially those of us who access our property through a City right-of-way. Somebody made a decision after 1930 that this was the way they were going to access my house. They couldn’t put a driveway off of Benoni or Eighth Street and not use the City’s right-of-way. That was the last thing I thought about when we bought the house. What should a City resident expect in regards to City’s right-of-ways and alleys just so we know? What should we expect? President Straight: Things have changed drastically. The City of Fairmont offers classes called Fairmont 101. They go through every department of the City. It is a good learning tool. I know we have a Zoning 101 seminar coming up. It will explain a lot of these things. A lot of people understand abandonments or right-of-ways or alleys. It is not that we have never approved any; we have, but those were with no complications down the road with utilities and such.  Commissioner Yann: I think Robin Gomez, after the paving is finished, wants to identify what alleys we are using, which ones aren’t being used; which ones can be done. The ones that are in disrepair, he wants to take money from the paving to be paved. There are some already on this paving schedule so they can be used. Commissioner Greene: Thank you. Good to know. Commissioner Yann: We have a lady in our district that paved part of an alley. It is the City’s alley, but she paved it. She was stopping other residents from doing anything in the alley. One of the neighbors had to get some repairs and she chased them out. Robin went over and took care of that. 2. Staff Updates Sandra Scaffidi: I will make this brief. I just want to say that sometimes these aren’t easy decisions to make, especially when you get to know the people involved. In my mind, we always have to go back to the legislative intent; what the rules are and what we are allowed to do. I am trying not to let opinions get in the way of the facts. I know these are tough decisions, but I appreciate the consideration of them, at least. I also want to encourage, slightly beg, our Commissioners to attend the Zoning 101 seminar. We need this training, especially the newcomers and our Board of Zoning Appeals. It will help and we will be a better Board and Commission. I know some of you can’t attend, but I hope those of you who can, do. V. ADJOURNMENT President Straight asked for a motion. Commissioner Yann motioned to adjourn. Commissioner Richardson seconded the motion. Motion carried 7-0 Meeting adjourned. 8:05 p.m.