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FAIRMONT-- The Fairmont Planning Commission held a public hearing on Tuesday regarding a request from Martin County to rezone a parcel at 800 E. Margaret Street to B3 General Business. The county intends to build a Public Safety Center on the site.
Earlier this year, the county submitted the same request, which the planning commission recommended approval of to the city council, but the county withdrew its request before it was placed on the city council's agenda. There have not been factual changes made between that request and the current request.
Planner and Zoning Official, Peter Bode explained that typically parcels should be zoned with a single designation because each parcel may only support one principal use and that while most parcels in Fairmont are indicated with a single zone as they should, a number of them have been divided by the City's zoning map by another line for a variety of geographic reasons.
"The problem here in the past is allowing subdivisions without consistent zoning changes to go along with it. It was a poor mapping practice that we utilized many years ago," Bode said.
He added that ensuring parcels retain a single zoning designation consistent with the 2040 comprehensive plan is a priority of the upcoming zoning code update.
The city of Fairmont's zoning map indicates the northern portion of the parcel at 800 E. Margaret Street as B3 General Business and the southern portion of the parcel as R3 Multi-Family Residential, which is why the county is asking that the entire parcel be rezoned to B3.
"The 2040 comprehensive plan guides this parcel to be commercial, supporting the range of business uses including government buildings which are accessible to the public. B3 General Business is the closest zoning designation fitting the commercial guidance and government buildings will be permitted under B3," Bode said.
He said that staff recommends approval of the request for the parcel to be rezoned entirely B3 as it's consistent with the 2040 comprehensive plan and because it reflects an effort to correct poor zoning codes of the past.
Last week an informational meeting about the matter was held at the Martin County Courthouse. On Tuesday about 15 community members were at the public hearing.
Bode said that public comments are intended for just that, comments, and that each speaker will get three minutes for their comment. He said that the board chair will serve as a moderator though noted that it's not intended to be a debate.
One resident said they think that the project should be slowed down, if not stopped, so that more information can be gathered. They said they didn't think the rest of the county understood the tax impact that the project would have.
"We're putting in a safety center... into a residential area with parks, a church, a ball park complex, a veterans park and two daycares... all right into the backyard," they said.
A few other residents spoke up and shared the same sentiments, namely that they would prefer if the public safety center were to be located on another site.
County Attorney Taylor McGowan said that the project is something the county is dedicated to doing one way or another.
"Our current facilities are old and outdated and we're looking to update them. We are required by statute to place a jail and a sheriff's office in the county seat so it must go in the city of Fairmont. After years of searching out sites and developing plans, the Margaret Street address is something that we've found to really be the only viable option at this time," McGowan said.
He pointed out that the matter of how the project will be funded should not be considered by the planning commission or the city council, but something that the county will deal with. The planning commission's purpose is to look at the rezoning request.
The property owner also made a comment Tuesday evening and said that the county had approached them about purchasing the land and that they didn't intend for so much controversy to come as a result.
"The property is zoned what it is. We have had other opportunities... one of them was apartment buildings... it's possible if that opportunity comes, we would sell... from my standpoint, I kind of think there are worse things that could end up there," they said.
After the closed session ended, Commissioner Angela Grafstrom, said that a lot of the comments made were not something to be considered by the planning commission, but rather comments that should have been directed to the county.
"I understand where everyone is coming from, but we have a role for the city of Fairmont and that is concerning planning and zoning for the city. This is a request consistent with the city's 2040 comprehensive plan and cleans up zoning in that parcel... it's something that's coming with the new zoning map anyway," Grafstrom said.
She said she believes the planning commission's motion made months ago should still stand.
Council Liaison Britney Kawecki asked Bode a question about mixed use employment in the 2040 comprehensive plan. Bode clarified that in the plan the parcel is intended to be commercial.
Kawecki then spoke about dual zoning and how it's common in rural areas such as Fairmont because eventually they will be purchased and a parcel will be broken into a subdivision and the dual zones will be "fixed."
"In my opinion, how do we know someone like MSA (Planning and Design Studio) isn't going to bring back a mixed use employment center which would be something like light advanced manufacturing... how do we know we're not making the wrong decision when it comes to putting a large scale governmental building in this location...?" Kawecki asked.
Bode said that the decisions city staff makes need to be consistent with the 2040 comprehensive plan so that MSA will bring a zoning code map that's consistent with that plan and that he has every reason to believe the parcel will be guided that way.
Commissioner Rin Porter agreed with Grafstrom that the commission needs to be narrow in its thinking. She brought up the dire need for a new jail and said it should probably be condemned.
"I don't think it's our job to say, 'no, they can't build a jail,'" Porter said.
Commissioner Tom Mesich reiterated that the question is whether they should rezone the property to a zone that's consistent with the 2040 comprehensive plan. He pointed out that there were many meetings in the past about the plan and that the public had the opportunity to share its input about it.
He looked out into the crowd and said, "honestly it's up to you folks to look and see that that area was going to be pushed toward commercial. It's in the plan now and that's what we have to base our decisions on. Is that picture of the future of Fairmont."
Commissioner Tyler Benschoter said he appreciated the people who showed up and are getting involved in wanting to share their thoughts and ideas. However, he spoke to some comments made earlier and said he didn't know what could be gained by putting the project off.
Grafstrom made a motion to recommend approval of the rezoning request and listed the findings as followed: The request is consistent with the 2040 comprehensive plan's guidance for the area south of Margaret Street to be Commercial. The request is consistent with the intent of city code to divide the city into zones and districts and regulate therein the location and use of structures and land. The proposal is consistent with the intent of city code to promote the orderly development of commercial and public areas..By designating the parcel with a single zone, the request represents an effort to correct a poor zoning practice from the past. The motion unanimously passed.
In other action during Tuesday's meeting, a public hearing was held regarding a Conditional use Permit (CUP) for Les Schwab Tire to build a shop on a commercial lot at 1760 N. State St. The lot is currently zoned B3 and is surrounded by other commercial uses as well as other parcels zoned B3 and I1 Light Industrial. Approval of the CUP was recommended.