Planning Commission

FAIRMONT PLANNING COMMISSION The regular meeting of the Fairmont Planning Commission was held on December 19, 2018 at 7:00 p.m. in 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 Yann Commissioner Carpenter Commissioner Majic Commissioner Wean Commissioner Greene Commissioner Richardson Commissioner Parker President Straight CITY STAFF City Planner – Sandra Scaffidi Senior Staff Assistant – Maria Cipolla PLEDGE OF ALLEGIANCE Commissioner Richardson led everyone in the Pledge of Allegiance. APPROVAL OF MINUTES November 14, 2018 & December 12, 2018 Commissioner Greene approved the minutes as submitted. Commissioner Yann seconded the motion. Motion carried 7-0 PUBLIC HEARINGS FOR December 19, 2018 1. Fairmont Morgantown Housing Authority requests approval of a major subdivision application to construct a 30 unit residential development near the Norway Loop Road. President Straight asked if there was anyone to speak for this request. RJ Hovatter, Senior Project Manager with Thrasher explained that the subdivision will consist of 31 lots; 30 of the lots will have houses constructed on them. It sits behind Mary Lou Retton Park between Norway Loop Road and Kennywood Drive. The smallest lot is 6,387 square feet. They are an average of ¼ acre lots. There will also be three new streets and two new avenues with curbs, sidewalks, with a 40 foot right-of-way. The homes will need all of their setbacks. All of the road will meet the City of Fairmont’s requirements as well as the sewer, storm water and utilities. Crystal Crouso, Executive Director at the Fairmont-Morgantown Housing Authority stated they be constructing 30 new homes that will cost about approximately $250,000.00 each. They want to start developing the homes late spring of 2019. She did clarify that even though they are developing 31 lots but only 30 of them will have homes on them. This project is being funded privately. Robin Gomez, City Manager added that this project will help bring people into the area. The population has been declining for the last couple of years. City Council has approved the annexation of this property and has moved it forward to the County Commissioners for their approval. Once this is annexed into the City, they will have their roads plowed, water, sewer, as well as, police and fire services and the other services the City offers. The State maintains county roads. President Straight asked if there was anyone to speak against this request. Jeremy Laird Resident in the adjacent area of the major subdivision. He was concerned about the infrastructure already in the area. Roads get heavily congested in the spring and summers due to the park. They have called the police but they don’t do anything. There is only one way in/out of the development. The area already cannot handle the amount of the people who use it now. He stated the local elementary school cannot handle additional children; they already have the fourth grade students in trailers. Windmill Park has also been approved for an additional 20 new homes. They are also in this school district. He has also observed drug deals and speeding. Robin Gomez (City Manager) said they need to call the sheriffs because the area he is speaking about is currently outside the City limits. Craig Dunn said he has been a resident for 30 years. He added that the residents out there had to purchase a fire hydrant for their area. He is also concerned about the infrastructure. When there is a ball game going on, we have hundreds of cars parked along his street because the park cannot accommodate the amount of cars that attend the event. Emergency vehicles and fire trucks cannot get access to our area. They do not have sidewalks. When Fairmont State University plays games there, it is extremely congested and they need signage put in place. He would like to see them improve the current infrastructure before they continue with this project. Shirley Eddy lives at the top of the street close to the entrance of the park. She described the problems she has getting in and out of her house because of the hill as well as the other people using this road. She also stated that people have parked in her driveway to go to games and blocked her from leaving her house. The roads have been blocked a number of times keeping the fire trucks and ambulances from responding to calls. Robert Hillberry said the City should use the right-of-right that connects to Big Tree Drive to help relieve some of the issues they have due to only having only one entrance/exit in the area. President Straight asked for a motion to close the public hearing. Commissioner Parker motioned to close the public hearing. Commissioner Yann seconded the motion. Motion carried 7-0 President Straight asked for the staff report. Sandra Scaffidi, City Planner: I want to respond to a couple of questions that came up this evening. The City cannot conduct business outside our City limits. The City of Fairmont cannot respond to police or fire calls outside of our limits. They are not trying to be mean or disregard anyone, it is the County’s or State responsibility to respond to these needs. The City does not own Mary Lou Retton Park so we do not oversee that park. The City does not oversee the school district either so we cannot take that into our consideration. I want to see our residences grow. I want to see our schools grow and create a better learning environment for our students. That being said, this parcel is partially outside of the City’s limits at this time. It is anticipated that it will be annexed into the City limits. City Council has passes a resolution that approved the request and it is now before the County Commissioners. We are meeting the demands of our Comprehensive Plan that indicates quality, affordable housing to strengthen our neighborhoods. I have met with the developers several times to discuss the proposed project. The Development Review Committee (DRC) met with the developers. They have either met or exceeded each one of our standards in our Planning & Zoning Code book. The DRC has approved this site plan. I also want to mention that should this Commission decide that this plan move forward, it should include that the project meet all the bonding requirements of the City of Fairmont. I recommend that this major subdivision be approved. I hear what our citizens are saying, but I don’t believe that not allowing this subdivision to exist will improve any of the issues that are accruing in this neighborhood. The application meets our requirements in our Planning Zoning & Code and that is why I am recommending this application. The Commissioners and City Planner had a lengthy and detailed discussion on this request. President Straight asked for a motion on this request. Commissioner Greene: I make a motion that we approve the subdivision application of 31 residential lots and require the developer to post a bond for the infrastructure. Commissioner Wean seconded the motion. Motion carried 7-0 2. Brad DeRoos requests a text amendment to the City of Fairmont Planning and Zoning Code to allow research and development businesses (with limited production) in the Main Corridor Commercial Zoning District. President Straight asked if there was anyone to speak for this request. Brad DeRoos stated his business is currently located in Morgantown. They have outgrown their current location. He wants to relocate to the old Fairmont Credit Union building behind the McDonalds that is located on Fairmont Avenue. When he looked at the City’s zoning book, he noticed it said light manufacturing is not allowed in the Main Corridor zoning district. So he contacted the City Planner and asked if research and development would be allowed in Main Corridor Commercial zoning. He builds limited production of ground robots. They anticipate hiring 12 to 15 employees. We are a Hub-zone company. This property has an open space for us to be able to assemble things. We plan on closing in the drive thru. I cannot afford a building in the High Tech Park. We will be doing very limited production of prototype systems. I started this business when I was 55 years old. Warren Hager said approves of this project because it shows the City is business friendly and what he is requesting is not too drastic. These will show other businesses that the City of Fairmont is flexible. President Straight asked if there was anyone to speak against this request. There were none. President Straight asked for 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 for the staff report. Sandra Scaffidi: I am excited about this business coming into the area. This is great for Fairmont. I am also trying to balance other potential businesses that might come into the area. While I feel confident about this particular business being great for the neighborhood, I feel that I have to protect the integrity of the Main Corridor Commercial zoning district because once we change this code, anywhere that is zoned Main Corridor Commercial will be affected. Also, even though research and development is allowed in the Technology district, we do not have a definition describing what is considered research and development. I did not want to create one that would limit what is being done in the Technology district. So, I tried to create a more limited definition for the Main Corridor Commercial district so that we won’t restrict what is happening in the Technology district. In our Comprehensive Plan, we want to create a welcoming business environment. The Plan also encourages the City to attract and prepare for growing industries while encouraging and facilitating entrepreneurship. The Comprehensive Plan also recognizes the need to support the collective economy and the maker movement to enable the growth of small scale manufacturers. I believe that the need for technology driven businesses has advanced in the past 10 years and that the updated Comprehensive Plan clearly identifies that the City is supportive of encouraging technology and businesses within the City of Fairmont. I suggest that Technologically Innovative Business be considered as a Conditional Use in the Main Corridor Commercial District. The conditional use designation is to protect the integrity of the neighborhood. I suggest creating a definition of a technologically innovative business, a definition of limited small scale production, and conditions to be added under Section 4 of the Zoning Code of Use Standards. This will give us more oversight on other businesses coming into the area because so much of our Main Corridor Commercial is located near our residents; Fairmont Avenue is different from Locust Avenue for example. DEFINITION- Technologically Innovative Business: A business that engages in research and development of innovative ideas in technology-intensive fields which does not require the use or testing on animal husbandry. Development, construction, assembly and small scale inside-storage of prototypes may be associated with this use. Limited small scale production is allowable under this category for retail sale and proof of concept. The mass manufacture, fabrication, or processing or sale of products is not allowed. No outside storage of material, goods or finished products. DEFINITION- Limited Small Scale Production- The production of units to provide a proof of concept and are not for the consideration of light or heavy manufacturing. The production of 100 units or less is considered small scale. These definitions are up for discussion. To be added as a section under Use Standards Conditions: 1. All General Requirements of Section 4.16 must be met. 2. No new buildings may be constructed for such purpose greater than 10,000 square feet in size. 3. Business must meet all district use and site standards 4. The total number of such establishments in concurrent operation within any zoning district where permitted cannot exceed ten (10). 5. No two of such uses shall be located within 500 feet of each other measured front door to front door along the curb line of the public streets providing access. 6. Testing of the product outdoors in the Main Corridor Commercial District is strictly prohibited. 7. Hours of operation must be between 7am and 9pm. A 24 hour operation of facility is prohibited. 8. The manufacture, use, storage, or disposals of radioactive materials are prohibited in the Main Corridor Commercial Zoning District. 9. No outside storage of raw materials, component parts, goods or finished products. No accessory structures or cargo containers may be stored on the property. 10. Air Pollution: Manufacturing processes emitting odor, dust, fumes, smoke or other pollutants shall not be permitted. 11. Vibration. Except in temporary instances during site construction work, the maximum permitted vibration from any cause shall not exceed the following, when measured at the lot line: Maximum Permitted Vibrations Frequency (Cycles per second) Displacement Inches 10 and below .0008 10 – 20 .0005 20 - 30 .0003 30 – 40 .0002 40 – 50 .0001 50 and above .0001 These numbers are from our Technology District. 12. Radiation. Research operations shall cause no dangerous radiation at any property line and shall conform to all federal, state and/or local regulations and standards. 13. Electromagnetic Interference. Industries shall emit only that amount of unshielded spurious electromagnetic radiation as is necessary for the conduct of their operations. Federal Communications Commission requirements shall govern maximum radiation which tends to interfere with meaningful signals and all such emissions shall conform to all federal, state and/or local regulations and standards. 14. Water Pollution. No effluent shall be discharged into any stream. Discharge into the City of Fairmont sewer system shall be as approved by the City Engineer and the Director of Public Works and shall conform to all federal, state and/or local regulations and standards. 15. Industrial Waste. All industrial waste shall be treated and disposed of in such a manner as to comply with all federal, state and/or local regulations and standards 16. External Lighting. Use must meet the Outdoor Lighting Standards as detailed in Section 5.1: Exterior Lighting. Additionally, exterior lighting shall be shielded and subdued so as not to interfere with the quiet use and enjoyment of surrounding properties as determined by the Planning Director. 17. Any approval granted by the Board of Zoning Appeals shall be contingent upon the safe and orderly operation of a business that does not cause a nuisance or hazard to the area. 18. The Board may consider evidence of public nuisance as determined by the City of Fairmont Police Department or City Manager at a duly advertised public hearing to review the Conditional Use Permit, which may be revoked if the Board finds the above conditions are not being met. As a conditional use they would be required to go before the Board of Zoning Appeals. President Straight asked if Brad DeRoos was aware of all these conditions. Sandra Scaffidi said they were just developed. Brad DeRoos: I was not aware of them, but they are all fine (with the conditions they imposed on Research & Development). We have places we can take the robots and drones for testing. My lease is up on March 1st for my Morgantown lease. My current hours of operation are 8:00 am to 5:00 pm. Maria Cipolla explained that the applicant could be on our February 7th Board of Zoning agenda. The conditional use cannot be heard by the BZA until Research & Development has been added to the Main Corridor Commercial zoning district. The Commissioners had a lengthy and detailed discussion about the amendment to Main Corridor Commercial as well as the definition that will need to be added detailing Research & Development. Sandra also explained the difference of a Conditional Use and a Use Permitted with Conditions. The Commissioner decided to change the definitions presented tonight. They approved the Limited Small Scale Production definition to read as shown below and approved the Technologically Innovative Business as presented. DEFINITION- Technologically Innovative Business: A business that engages in research and development of innovative ideas in technology-intensive fields which does not require the use or testing on animal husbandry. Development, construction, assembly and small scale inside-storage of prototypes may be associated with this use. Limited small scale production is allowable under this category for retail sale and proof of concept. The mass manufacture, fabrication, or processing or sale of products is not allowed. No outside storage of material, goods or finished products. DEFINITION- Limited Small Scale Production- The production of units to provide a proof of concept and are not for the consideration of light or heavy manufacturing. The production of 100 units or less is considered small scale. They are deleting standards 17 & 18 listed above and want this use listed as a Use Permitted with Conditions. The Commissioners also added that they can only manufacture 100 units or less of each item within a calendar year. The Commissioner also adjusted the hours of operation to say that 24 operations is prohibited. They took out specific hours of operation. President Straight asked for a motion on this request. Commissioner Parker motioned that Section 3.1.5 Main Corridor Commercial; Section C: Uses Permitted with Conditions to be amended to add a new section xi, titled: Technologically Innovative Business with a reference to new Article 4.37 which will define the use standards within that. Also, amend Article 2 to add the definitions of Technologically Innovative and Small Scale Production. And to give the City Planner the authority to provide further definition and description of the Use Standards as appropriate in the circumstances. Commissioner Yann seconded this motion. Before the final count, Sandra Scaffidi asked to clarify the motion to make sure all the Commissioners understood exactly what was being approved and in to what extent. Sandra Scaffidi: The only things we are removing from the Use Standards are: We are removing the hours of operation between 7:00 a.m. and 9:00 p.m. We are also removing items numbered 17 & 18 as well as, adding 100 units in a calendar year under Small Scaled Production and deleted one line out of Technology Innovative Business which stated: The mass manufacture, fabrication, or processing or sale of products is not allowed. Lastly, we are creating this as a Use Permitted with Conditions. Motion carried 7-0 PUBLIC HEARINGS TO SET FOR January 16, 2019 Mr. Eugene Payne Jr. requests a variance from the Subdivision Regulations Design and Planning Standards Section 7.5.6.A.i which requires no new lots to be created with less than 6,000 square feet. Mr. Payne is requesting review as identified in the Variance Proceeding in Section 7.2.6. Mr. Payne purchased a substandard lot which was not approved by the City prior to its recordation and sale in 2006. Sandra Scaffidi: This issue was brought to our attention by the realtor representing Mr. Payne. Somehow, this lot was administratively subdivided and recorded with the County for tax purposes without the City of Fairmont’s approval in 2006. Mr. Payne bought the lot and is now trying to sell it. In order to have a clean title, in order to sell it. Technically, we cannot create a lot under 6,000 square feet; however, I think this is worth our consideration and a public hearing. This has similar circumstances as a property on Chamberlain Avenue. President Straight asked for a motion to set this request. Commissioner Parker motioned to approve this request. Commissioner Majic seconded this motion. Motion carried 7-0 NEW BUSINESS There was none CITIZENS PETITION (For items not listed on the agenda) (Citizens must register in advance with the recording secretary) There was none OTHER BUSINESS 1. Commissioner Comments: Everyone thanked Robin Gomez for time with the City of Fairmont and wished him all the best in his new job position in Georgia. They also wished each other a Merry Christmas and Happy New Year. 2. Staff Updates: Thank you to all the Commissioners and Maria [Cipolla] for all your hard work all year long. ADJOURNMENT President Straight asked for a motion to adjourn. Commissioner Yann motioned to adjourn. Commissioner Greene seconded the motion. Motion carried 7-0