Planning Commission

FAIRMONT PLANNING COMMISSION The meeting of the Fairmont Planning Commission was held May 25th,2022 @ the Public Safety Building 500 Quincy St. Fairmont WV. President 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 Bledsoe Commissioner Lambert Commissioner Richardson Commissioner Majic Commissioner Jura Commissioner Straight Commissioner Wean Commissioner Yann President Greene Commissioner Straight also made a motion to excuse the Commissioner, Majic and Lambert from the meeting for work related reasons. Commissioner Richardson seconded the motion. All in favor. CITY STAFF Director of Planning and Development – Shae Strait Senior Staff Assistant –Kirstin Poluck APPROVAL OF MINUTES from May 25th,2022 President Greene asked for everyone to read of the previous months minutes and look for corrections or additions. With no corrections or additions indicated, a motion was made by Commissioner Straight to approve the minutes. Commissioner Jura seconded he motion. All in favor. Motion Passed. NEW BUSINESS / PUBLIC HEARINGS TO SET FOR June 15th, 2022 PC 22-07 – Major Subdivision – Matthew Bainbridge is petitioning to merge five parcels along Henry Dr, Coleman Ave, Woodside Dr, and Worthington St totaling 15.411 acres. These parcels are Tax District 3, Map 14, Parcels 64, 65, 66, 104, and 105 President Greene asked if there was any one in favor of the request to speak in favor of the request. There was no one. President Greene then asked if there was anyone there opposed to the request, there was no one. The public hearing was then closed. Director Strait stated that under state law the approval of a major subdivision was a two-step process. First, we discuss of the application submitted that evening is complete. If the application is considered completed an additional public hearing for approval or denial will be set. The preliminary review was done by staff and in the review of the standard set forth by the Fairmont Zoning Code, he believed that all requirements were met and any additional requirements which were optional he recommended to wave due to the nature of the subdivision being a merger and boundary adjustment of the parcels and not for the division of the parcels. The petitioner is combining the parcels as of now, no intent on anything being done to the property other than the combination. Staff’s recommendation is to forward the proposal on to June for public hearing for potential approval if the commissioners that all the criteria listed in the staff report. President Greene questioned whether the approval at this time was just agreeing that the application was completed and that a date would be set for meeting with the public. Planning Director Strait stated that was correct and that the planning commission would add the proposed subdivision request to the next meeting as long as it met the requirements listed in the staff report. President Greene asked if the board was in agreement that the application was completed. Director Shae Strait stated the application must meet all 11 pieces of criteria. Commissioner Yann wanted to know if the public will be made aware, to which Director Strait said any future plans would be made available to the public. Commissioner Richardson asked if combining the parcels would cause less revenue for the city, to which Director Strait stated the minor amount of fees that would be posted to the parcels would not significantly affect the city’s budget. President Greene asked for a motion to send PC 22-07 to the public meeting. Commissioner Bledsoe made a motion to confirm the application was complete as required by the zoning code, Commissioner Wean seconded the motion. There was no further discussion on the motion. Roll Call Vote: Commissioner Bledsoe- Yes; Commissioner Greene- Yes; Commissioner Jura- Yes; Commissioner Richardson- Yes; Commissioner Straight- Yes; Commissioner Wean- Yes; Commissioner Yann – Yes; Motion to confirm the application was complete was approved. PC 22-08 – Text Amendment – City of Fairmont is petitioning to amend the zoning code to create regulations pertaining to Accessory Dwelling Units and establish which zoning districts such structures shall be permitted in. Planning Director Strait stated that the proposal was one of the goals in the comprehensive plan was to increase housing diversity. The Planning staff have previously discussed ADU’s amongst City Council, the version before you today are what was approved by them. City Council denied ADU’s in the single-family district- General Residential. There was also a public survey done by the Planning Department at the request of City Council and work sessions with City Council. The Public Survey came back with significant support for ADU’s in all zoning districts within the City. City Council still requested that General Residential to be excluded from having ADU’s. The proposed changes excludes Mobile Home Parks as well. For all other districts, ADU’s would be permitted. The requirements for the ADU’s are still the same as previously discussed and approved, and can be located on Page 8 of the proposed changes. Currently ADU’s are prohibited. Any we currently have across the city were built prior to the zoning code banning them. They seem to be more prevalent in older neighborhoods than in newer neighborhoods for that reason. Commissioner Yann asked if just General Residential was banned? Director Strait stated that General Residential and Mobile Home Parks would be prohibited from adding ADU’s. Commissioner Yann voiced concern about ADU’s causing more issue with water and sewer lines. Director Strait stated that he believes in the long run ADU’s will help the city by generating more revenue per linear feet of infrastructure. It is very unlikely that we will see more than 400 built in the next decade. In regards to the green space every home had 25 feet of open space, if an ADU was built 20 feet from the principal structure and five feet from the property line. Not everyone will qualify for ADU, this will only be for lots that have to required space. The Multi-family districts should have the infrastructure to support the change. Commissioner Yann stated his worry that the houses on east side, specifically Morgantown and Indiana Ave, would end up having stormwater and sewage issues which could in fact become a liability issue. Director Shae Strait stated that this proposal would only permit an ADU where a 20-unit apartment building could go. The stormwater issue is not in the comprehensive plan; however, this would have no impact one way or the other. Commissioner Straight voiced concern over the rules regarding the agenda. He believes it was not sent in time and that staff broke state law in not doing so. He also voiced concern about not getting the staff report for one of the items until the day of the meeting. There was further discussion from other commissioners and Director Strait to clarify the Sunshine Law requirements for the agenda. Planning Director Straight stated that it does meet the requirement for the open meeting act. The agenda with the information was posted online 3 days before the meeting as well as sent to the commissioners. Commissioner Bledsoe stated that the agenda was posted online and open to the public because he has seen it posted online. President Greene asked if there was anyone there to speak in favor or against the request. There was no one. Commissioner Bledsoe made a motion to forward the request to city council with a favorable recommendation. There was no second to the request. The Motion failed due to a lack of a second. President Greene made a motion to table the request. Commissioner Richardson seconded the motion. Motion to table the item passed unanimously. PUBLIC HEARINGS TO SET FOR June 22nd, 2022 PC 22-07 is proposed to be set for June 22nd, 2022, the next scheduled meeting. Commissioner Richardson motioned for the request; commissioner Yann seconded the request. There were no citizen petitions. OTHER BUSINESS Commissioner Comments: Commissioner Bledsoe asked about the Haymond /Elkins Street becoming a two-way street rather than a one-way street, that was discussed at a previous meeting. Planning Director Strait stated that in infrastructure talks with the City Manager, but it has been discussed, no action has been taken as of yet. Commissioner Bledsoe requested a changed to the way public hearings were run. They are proposing that during public hearings the petitioner be able to rebut an issue. This would help clarify issues that may be questions after the petitioner has initially spoke. President Greene states that this would make the meeting a lot less contentious for the Chair of the board. Director Strait stated there were two circumstances. We need to check Roberts Rules. If we did do this there are certain things that have to happen. If the Public Hearing was closed and then reopened, commissioners must make sure no one in attendance has left the room, otherwise any decision made could be declared invalid. The board can make a motion to reopen the public hearing if everyone is still in attendance, but everyone does get an opportunity to speak again. We do need to remain cautious about reopening the public hearings. If the Public Hearing is still open, the Chair could permit for the Petitioner to have rebuttal against the for and opposed speakers to help clarify information. This would only not be possible if it was against the Planning Commission rules. Commissioner Straight stated that when you reopen the meetings it just starts the cycle over and over. Commissioner Bledsoe has seen a meeting where misinformation was given and the petitioner was unable to be refuted. Commissioner Yann stated that he can see the point that Commissioner Bledsoe is saying. He has also seen an issue at a previous City Council meeting. President Greene stated that City Council would have to adopt the change, but clarification could be done before the public hearing takes place. Commissioner Straight stated that the chair would have to make it clear to how the meeting is run before the meeting began. Director Strait introduced one of our newest staff member Carly Jones who is the new Assistant Planner, the second is Luiza Curi who is our intern and is working on wayfinding signage for the city. ADJOURNMENT President Greene asked for a motion to adjourn meeting. Commissioner Straight motioned to adjourn the meeting; Commissioner Richardson seconded the motion. All were in favor. Motion approved.