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HomeMy WebLinkAbout04-03-2023MINUTES OF THE PADUCAH PLANNING URCDA APRIL 3, 2023 Paducah City Hall Commission Chambers 5:30 P.M. MAY 0 2 2023 CITY CLERK Attendees: Trey Griffin, David Morrison, Valerie Pollard, Allan Rhodes, Vice -Chair Lorraine Schramke, Chairman Bob Wade Absent: Joe Benberry Staff: Joshua P. Sommer, Planner III; Nic Hutchison, Director of Planning Guests: Cameron Cooper, Josh Mariano, Brooks Mariano, Curtis Pitt, Jennifer Pitt, Jim Smolen, Chad Wilson, Ben Grainger Chairman Wade called the regular meeting of the Paducah Planning Commission/ URCDA to order at 5:30 PM. The Pledge of Allegiance was recited. The roll was taken. Commissioner Rhodes offered: I move that the reading of the minutes for March 6, 2023 be waived and that the minutes of said meeting, as prepared by staff, be approved as written. Commissioner Morrison seconded. No corrections were requested. Chairman Wade called for the vote. 5 Ayes (Griffin, Morrison, Pollard, Schramke, Wade), 0 Nays Note: This was Commissioner Rhodes first meeting. URCDA New Petitions Planning Commission Continued Petitions Case # APP2023-0002 Amendment to a Development Plan Commissioner Griffin offered: 4160 Olivet Church Road I move that this Commission remove from the table Case# APP2023-0002 pertaining to 4160 Olivet Church Road. As a reminder, the motion on the floor as removed from the table is -- I move that this Commission adopt a resolution approving the Amendment to a Development Plan for property located at 4160 Olivet Church Road. Commissioner Pollard seconded. MINUTES OF THE PADUCAH PLANNING COMMISSION/ URCDA—continued page 2 / 6 After reminding the public what the Planning Commission was to review and for any new public comments to be brief, Chairman Wade reconvened the public hearing. Mr. Sommer stated new documentation had been submitted. He further stated the proposal was for a closing time at 10 p.m. but staff recommended closing at 9 p.m. based on the City of Paducah noise ordinance. Vice -Chair Schramke asked what points the petition was tabled on. Mr. Sommer stated it was for floodplains, wetlands, testimony of a surveyor and trucks utilizing the streets. Mr. Cameron Cooper with Kimley-Horn reviewed the turning movements and stated they would be sufficient on the site. Vice -Chair Schramke asked how trucks could be kept out of the neighborhood. Mr. Cooper stated perhaps signage could be installed but was an existing issue. He further stated adequate truck maneuvering was provided. No overnight parking or sleeping would be permitted on the site. Chairman Wade asked if the site would be gated. Mr. Cooper stated it would not be gated. Commissioner Rhodes asked if the trucks could be idling while waiting on their turn. Mr. Cooper stated that could be a possibility. Vice -Chair Schramke asked if the site was about two acres. Mr. Cooper stated it was 4.64 acres and further stated a preliminary grading plan was provided. Mr. Cooper stated about 2.5 acres of the site would be impacted on the Limits of Disturbance sheet. Chairman Wade asked if the trees to the south would remain. Mr. Cooper stated almost all of them would. Approximately 10-15 trees would be removed on the site. Vice -Chair Schramke asked if 20 trucks were anticipated a day. Mr. Cooper stated that was an estimate. Vice -Chair Schramke asked how that was regulated. Mr. Cooper stated 20 trucks a day was an average. Commissioner Griffin asked what specific activities would take place on the site. Mr. Cooper said it was tires, brakes and preventative maintenance. Chairman Wade asked Mr. Sommer if those activities were allowed at that site. Mr. Sommer stated they were allowed in the M-1 Zone. Mr. Cooper then stated the site was not proposed to be open 24 hours and that Pilot & Southern Tire Mart was in a joint venture together. Chairman Griffin asked if there were trucks waiting, they would not be turned away. Mr. Cooper stated staff and trucks in the bays would be finished but no new customers would be taken after 9 p.m. Mr. Sommer asked about the surveyor, Mr. Corlew, that approached Mr. Pitt about buying his property. Mr. Cooper stated no employee by that name from Southern Tire Mart or any subcontractor had that name. Commissioner Rhodes asked if the dead trees would be removed and if there was a more robust way to mitigate noise. Mr. Cooper stated the client would most likely to explore a buffer. Mr. Sommer stated dead trees or gaps would be required to be closed in by a fence, wall, berm, landscape, etc. It would be addressed on the final site plan. Chairman Wade stated the item before the Planning Commission was a preliminary plan and it would go to the various City departments for approval. Vice -Chair Schramke and Commissioner Griffin discussed who would police the noise ordinance. Commissioner Pollard stated the police department is the entity responsible. Mr. Hutchison stated if it became a repeat occurrence, further action would take place. Mr. Sommer clarified the final development plan would go to the various City departments. MINUTES OF THE PADUCAH PLANNING COMMISSION/ URCDA—continued page 3 / 6 Mr. Curtis Pitt (4105 Olivet Church Road) asked for clarification on the noise ordinance and the consequences thereof. He also asked if it was semi -trucks only and if the drainage would be contained on the site. Mr. Sommer stated the drainage would be contained on the site. Mr. Sommer further stated after 9 p.m. the decibels would have to drop to 75 from 80 during the daytime hours. Mr. Hutchison stated if the police department is called out, and the reading is over the limit, they cause the noise to cease. Mr. Pitt stated 11 semi -trucks and trailers were idling on Olivet Church Road on Friday night and could hear them inside the house. Mr. Cooper stated there would be only tractor -trailers that would be worked on at the site. The goal would be to have trucks out under two hours, but there would be a menu of services available. Commissioner Rhodes asked if the facility would be air conditioned in the summer. Mr. Cooper stated the only air-conditioned areas would be the storage and lobby. Commissioner Griffin asked where the air compressors would be located. Mr. Cooper stated they would be inside the building. Mr. Josh Mariano (4075 Olivet Church Road) asked what the R-1 decibel levels were because he works from home. He further asked if alternate sites have been looked at because change was going to come to the area. He stated he spoke with Ms. Dawn Arnold about a site across the road. Chairman Wade stated it was not the Planning Commission's purview to encourage the applicant to review different sites. Mr. Hutchison stated the decibels in the R-1 Zone during the day was 65 decibels. Mrs. Brooks Mariano (4075 Olivet Church Road) stated in an hour, 65 semi -trucks came down Olivet Church Road behind her house. She stated the time was 12 p.m. to 1 p.m. when Cairo Road was open. She further described a crash on Interstate 24 that could be heard inside her house. Mrs. Mariano described bats live on the site and Pilot has 16 bays on their site. She felt the site was not large enough and fair to the residents. Mrs. Mariano further stated there was unwanted traffic from the hotel already. Mr. Hutchison stated noise ordinance violations could be a $250 fine maximum or a jail sentence of a maximum of 90 days. Mr. Pitt asked where the ingress/ egress would be located and what would happen if the turn is missed. Chairman Wade stated it would most likely be when other drivers miss their turn and turn down other streets. Thereby, semi -trucks would utilize the cul-de-sac to turn around. Mrs. Mariano stated surveyors and the realty group stated the road (Olivet Church Road) could not handle the truck traffic. Mrs. Jennifer Pitt (4105 Olivet Church Road) stated she did not want truckers next to her home. She further stated she would not feel safe. Chairman Wade then closed the public hearing and asked Commissioner Griffin to re -read the reminder portion of the motion. Vice -Chair Schramke provided clarification that a yes vote would move the preliminary forward and a no vote would stop the project. No further questions were asked. Chairman Wade called for the vote. 3 Ayes (Morrison, Pollard, Wade), 3 Nays (Griffin, Rhodes, Schramke) MINUTES OF THE PADUCAH PLANNING COMMISSION/ URCDA—continued page 4 / 6 Note: Since there was no majority, the petition does not move forward. Discussion was made about making Findings of Fact at the end of the meeting, but for continuity will be provided here. Mr. Hutchison cited 126-76 which provides a basic outline of factors the Planning Commission could take into consideration. Vice -Chair Schramke stated that safe and efficient traffic circulation went into her decision to deny, i.e. too many big semis and possibly parked along the road. She also didn't think the facility was large enough and the neighborhood couldn't accommodate large vehicular traffic. Commissioner Rhodes stated he was concerned about noise from the facility. Commissioner Griffin stated traffic, noise and too many variables contributed to his decision. Mr. Cooper asked if there was sufficient ground to deny and if what the zoning was. Mr. Sommer stated it was an M-1 Zone with a Planned Unit Development overlay. Chairman Wade stated the Petitioner could continue to work with the City to abate the issues and come back before the Planning Commission. Discussion was made about an appeal vs. bringing the petition back before the Planning Commission. Mr. Cooper clarified there was a difference between a traffic count and someone stated there was 60 trucks a day. Mr. Hutchison asked what the designation on the Future Land Use Map was. Mr. Sommer stated it was commercial. Discussion was made about getting an accurate decibel reading because the ambient noise would be perpetual. Mr. Sommer read the list of items for the Findings of Fact as follows: Too many semis parked along the road. Semis will have to turn around at the end of the street if they miss their turn. The facility does not seem large enough to accommodate 20+ trucks a day. Objectionable traffic. Objectionable noise. Many variables were left to be determined. Commissioner Pollard made the motion for the Findings of Fact. Vice -Chair Schramke seconded. No further questions were asked. Chairman Wade called for the vote. 6 Ayes (Griffin, Morrison, Pollard, Rhodes, Schramke, Wade), 0 Nays Discussion was made on reconsideration of Findings of Fact based on some Commissioners voting Nay and some Commissioners voting Yea. It was decided to make a motion to reconsider the Findings of Fact. Commissioner Pollard made the motion to reconsider the Findings of Fact. Commissioner Rhodes seconded. No further questions were asked. Chairman Wade called for the vote. MINUTES OF THE PADUCAH PLANNING COMMISSION/ URCDA —continued page 5 / 6 6 Ayes (Griffin, Morrison, Pollard, Rhodes, Schramke, Wade), 0 Nays Final vote on the Findings of Fact. Clarification was made that a Yea vote would be in favor of the denial vote and a Nay voted would indicate the Findings of Fact did not have a bearing on their vote. No further questions were asked. Chairman Wade called for the vote. 3 Ayes (Griffin, Rhodes, Schramke), 3 Nays (Morrison, Pollard, Wade) Chairman Wade stated that vote aligned with the Findings of Fact. Planning Commission New Petitions Case # ZON2023-0001 2631 Holt Road Initial zoning request for a B-3 Zone. Commissioner Morrison offered: I move that this Commission adopt a resolution recommending the B-3 General Business Zone classification for property located at 2631 Holt Road. Ifurther move this Commission adopt the following findings offact in support of said recommendation: 1. The parcel is urban in character. 2. Commercial zoning in both the City and McCracken County surrounds this site. 3. The B-3 Zone would provide residential or commercial developments as principal uses, which is envisioned by the Petitioner. 4. The B-3 Zone is located 60 feet northeast of the site. 5. The envisioned development of the site would be auto -centric, which is more aligned with the B-3 Zone, as opposed to the Mixed -Use Zone. 6. In 2019, the Average Annual Daily Traffic count at the junction of New Holt Road and Village Square Drive was 6,476 vehicles. Commissioner Pollard seconded. Mr. Sommer stated the site was annexed into the City on March 14, 2023. The B-3 Zone would provide opportunities for multi -family or commercial uses, which is what the Petitioner envisioned. He further stated the B-3 Zone was located on the site with the Chandler apartments and the Mixed -Use Zone was intended to be compact and walkable. Chairman Wade opened the public hearing but no one was present. He then closed the public hearing. No questions were asked. Chairman Wade called for the vote. 5 Ayes (Benberry, Griffin, Morrison, Schramke, Wade), 0 Nays Case # APP2023-0004 220 & 224 North 8th Street Establish a Planned Unit Development for climate -controlled storage. Vice -Chair Schramke offered: MINUTES OF THE PADUCAH PLANNING COMMISSION/ URCDA—continued page 6 / 6 I move that this Commission adopt a resolution establishing a Planned Unit Development for 220 & 224 North Srh Street for climate -controlled storage units to be constructed in the existing buildings. No new climate -controlled storage units shall be constructed on the properties. Commissioner Morrison seconded. Mr. Sommer stated site consisted of two buildings built in the 1970s. Approximately 10,433 square feet would contain 97 storage units of varying sizes. He further stated the condition placed on the PUD was for climate -controlled storage in the existing buildings only, meaning the buildings could not be razed and built upon for climate -controlled storage. Commissioner Morrison asked what the allowed uses are in the B-3 Zone. Mr. Sommer stated it would be all residential and commercial such as bank, restaurant, office, retail, etc. Commissioner Morrison asked if architectural considerations are needed. Mr. Sommer stated it was not applicable to this site. Commissioner Pollard asked if the changes would need to go to the HARC. Mr. Sommer stated they would not because this is a B-3 Zone. Chairman Wade opened the public hearing Ben Grainger, who owns the property at 232 North 81h Street, asked how access would be granted. Mr. Jim Smolen stated it would be via an alley or on -street parking. Mr. Chad Wilson (305 North 7' Street) asked if there was going to be any exterior storage and asked about construction debris. Mr. Smolen stated everything would be contained in the building and a dumpster would be on-site. Commissioner Rhodes asked about the dumpster location. Mr. Smolen stated it was on the back corner of the lot. Commissioner Rhodes asked about the holes in the building. Mr. Smolen stated the windows had been removed. Chairman Wade closed the public hearing. No further questions were asked. Chairman Wade called for the vote. 6 Ayes (Griffin, Morrison, Pollard, Rhodes, Schramke, Wade), 0 Nays Other Business Vice -Chair Schramke announced this would be her last meeting. Adjournment Chairman Wade adjourned the meeting at 6:48 PM. Respectflilly submitted by Joshua P. Sommer, AICP