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HomeMy WebLinkAbout06-05-2023June 5, 2023 5:30 p.m. Paducah City Hall Commission Chambers Attendees: Joe Benberry, Trey Griffin, Gayle Kaler, Valerie Pollard, Allan Rhodes, Chairman Bob Wade Absent: Vice-Chair David Morrison Staff: Joshua P. Sommer, Planner III; Nic Hutchison, Director of Planning; Paul Bradford, legal counsel; Kristen Kruger, legal counsel; Daron Jordan, City Manager Guests: Kevin McClain, Brad Gough, Mike Gardner, Chris Holland, Jeff Canter, Jerry Nelson, Jennifer Pitt, Bruce Wilcox, Philip Higdon 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 May 1, 2023 be waived and that the minutes of said meeting, as prepared by staff, be approved as written. Commissioner Pollard seconded. Mr. Sommer stated the minutes contained minor revisions in front of the Commissioners at the dais. No corrections were requested. Chairman Wade called for the vote. 6 Ayes (Benberry, Griffin, Kaler, Pollard, Rhodes, Wade), 0 Nays Commissioner Griffin offered: I move that this Commission go into closed session for discussion of matters pertaining to the following topics: Proposed or pending litigation, as permitted by KRS 61.810(1)(c). Commissioner Pollard seconded. Chairman Wade called for the vote. 6 Ayes (Benberry, Griffin, Kaler, Pollard, Rhodes, Wade), 0 Nays The Planning Commission met in Executive Session for approximately 11 minutes in the Ante Room. Commissioner Griffin offered: I move that this Commission reconvene in open session. Commissioner Pollard seconded. Chairman Wade called for the vote. 6 Ayes (Benberry, Griffin, Kaler, Pollard, Rhodes, Wade), 0 Nays URCDA New Petitions Case # SOA2023-0001 1437 Martin Luther King Jr. Drive Sale of asset. Mr. Sommer stated this was a proposal for the Petitioner to obtain the lot to build a 600 square foot home. He further stated the home was proposed to have one bedroom and one bathroom. Commissioner Pollard offered: I move that this Commission determine that 1437 Martin Luther King Jr. Drive is surplus property and accept the request of Crockett Howard Properties LLC to transfer the property for $1.00 to construct a single-family home subject to the standard clause applied in the Fountain Avenue Revitalization Area stating that the property would revert back to the City if the owner fails to comply with the submitted proposal and fails to substantially complete the project within one year. Commissioner Benberry seconded. Commissioner Pollard asked if a signed copy was on record. Mr. Sommer stated Mrs. Upchurch, the Planning Executive Secretary, had that on file. No further questions were asked. Chairman Wade called for the vote. 6 Ayes (Benberry, Griffin, Kaler, Pollard, Rhodes, Wade), 0 Nays Planning Commission Continued Petitions Case # VAC2023-0003 100 Vermont Street ROW closure of Vermont Street. Mr. Sommer stated this petition is currently on the table. He stated the revised plat showed Vermont Street being closed to Olympia Avenue. Commissioner Kaler offered: I move that this Commission remove from the table Case# VAC2023-0003 pertaining to the proposed closure of a portion of Vermont Street. Commissioner Pollard seconded. Chairman Wade called for the vote. 6 Ayes (Benberry, Griffin, Kaler, Pollard, Rhodes, Wade), 0 Nays Commissioner Kaler offered: I move that this Commission adopt a resolution forwarding a positive recommendation to the Board of Commissioners to vacate and close 33,722 square feet of Vermont Street between 124 & 169 Nolan Avenue, 100 & 137 Vermont Street and 125 Ridgeview Street. Commissioner Benberry seconded. Chairman Wade then opened the public hearing. Mr. Mike Gardner with Siteworx spoke. He stated Vermont Street was platted as part of Phillips Park Subdivision. However, the roadway was never developed. Mr. Gardner stated an easement would cover the driveway directly off Olympia Avenue. There are also no utilities in the ROW. Hearing no further public comment, Chairman Wade closed the public hearing. No further questions were asked. Chairman Wade called for the vote. 6 Ayes (Benberry, Griffin, Kaler, Pollard, Rhodes, Wade), 0 Nays Planning Commission New Petitions Case # APP2023-0002 4160 Olivet Church Road Re-hearing request. Mr. Sommer stated this was a request from Duff Real Estate to rehear and reconsider this case because the petition was denied on a 3-3 tie. There was no majority decision. Commissioner Benberry offered: I move that this Commission rehear and reconsider Case #APP2023-0002 pertaining to 4160 Olivet Church Road at the next regular or called meeting, pursuant to notification being made in accordance with KRS 424. Commissioner Pollard seconded. No questions were asked. Chairman Wade called for the vote. 6 Ayes (Benberry, Griffin, Kaler, Pollard, Rhodes, Wade), 0 Nays Case # APP2023-0012 5120 Village Square Drive New signs in the Mixed-Use Zone. Mr. Sommer stated the request was for new signage in the Mixed-Use Zone. He then described the sizes of the proposed signs and their locations on the north and west facades. Commissioner Griffin offered: I move that this Commission adopt a resolution approving the Amendment to a Development Plan for property located at 5120 Village Square Drive. Commissioner Rhodes seconded. Chairman Wade then opened the public hearing. Hearing no public comment, Chairman Wade closed the public hearing. No further questions were asked. Chairman Wade called for the vote. 6 Ayes (Benberry, Griffin, Kaler, Pollard, Rhodes, Wade), 0 Nays Case # USE2023-0001 322 North 3rd Street Light Industrial Operation in the B-3 Zone. Mr. Sommer stated this was a similar request that had been before the Planning Commission in September of 2022 for a light industrial use in the B-3 Zone. He stated the Petitioner had revised their plans and had been working with an architect. Mr. Sommer stated most of the Commissioners took a staff-lead tour. The nitrogen tank was described. The Petitioner’s responses to smoke, odor, noise, glare, vibration and heavy freight traffic was described and how they differed from the previous proposal. Mr. Sommer then described new activities as being proposed public tours, retail/ restaurant/ mixed use space and murals. An open house was also conducted the week prior on May 30, 2023. Mr. Sommer stated the tours were beneficial and a positive recommendation was being made to the Planning Commission. Commissioner Benberry offered: I move that this Board receive and file the application of Cryogenic Processors, LLC for a light industrial operation in the B-3 General Business Zone at 322 North 3rd Street. I further move that the light industrial operation be approved based on the following findings of fact: The truck dock is proposed to be moved to Madison Street, thereby negating trucks blocking North 3rd Street. Any super-cooled air would be recaptured, utilized to pre-chill the refrigeration system and then warmed to outside air temperature. Therefore, no fog will be produced. An electric pump will off-load the liquid nitrogen, as opposed to a diesel pump. Therefore, noise would be mitigated. Murals could be painted on the side of the building across from the AQS Museum, thereby softening the building and creating visual interest in keeping with Paducah’s art scene. A total of seven delivery trucks a day and two nitrogen trucks a day are proposed. The facility can be shut down for routine maintenance during festivals and events such as BBQ on the River and Quilt Week, thereby no truck traffic will be present. The introduction of retail, restaurant or mixed-use space would have a further positive impact on Paducah’s economy and viewsheds. The recessed wall and building upgrades would provide an enhanced viewshed that could tie together the public domain of the BUILD grant, the City Block project and downtown Paducah. The nitrogen tank is proposed to be horizontal, as opposed to vertical, and screened behind a brick wall. The Petitioner would provide enhanced landscaping. Public tours could help generate interest in the proposed activities and bring more people to downtown, thereby enhancing Paducah’s economy. A total of approximately 95 jobs will be created directly, indirectly or induced. The Petitioner would move the existing facility in Nashville, Tennessee to Paducah, thereby adding more jobs and notoriety to the operations here. The possibility of industrial accidents has been mitigated through new technology to be utilized at this location. Commissioner Pollard seconded. Chairman Wade reiterated Commissioners took a tour in groups of one or two and asked questions which staff gathered. He further advised the audience that this item was not required to be a public hearing, but public comments would be welcome. Kevin McClain, the Petitioner, spoke. He stated the renderings shown would improve the building along with the introduction of retail and restaurant space. Mr. McClain stated the initial job count increased from 40 to approximately 50. He stated the operation of the building would be food science. The operation of the building could be shut down during festival times. Cryogenic Processors have been working with PFGW and the majority of the improvements would be inside the building. Jeff Canter with PFGW spoke. He described improvements proposed such as murals and the proposed retail space. He also stated Marcum Engineering and BFW was on the team for design and architectural design. Commissioner Kaler asked if the truck bays were proposed on Madison Street for certain. Mr. McClain stated the bays on 3rd Street were to be utilized for nitrogen deliveries. He further stated truck traffic is anticipated to be much lower than the previous pharmaceutical shipping activity. The truck dock is proposed on Madison Street due to trucks potentially blocking 3rd Street. Commissioner Kaler asked where the trucks would come into the site. Mr. McClain stated from 3rd Street. Commissioner Kaler asked how the trucks would access the docks. Mr. McClain stated trucks would pull past the docks and back in. Commissioner Pollard asked the maximum number of trucks a day. Mr. McClain stated a maximum of seven and would be staggered where trucks would not be arriving or leaving all at the same time. Commissioner Rhodes asked if murals were going to be done for sure or just proposed. Mr. Canter stated the goal was to make the building fit contextually. Places for artwork were provided on the renderings. It is intended for local arts to paint any proposed murals. Mr. McClain stated the goal was to ensure that the building murals would fit into the City. A lengthy discussion took place for new technology regarding the nitrogen tanks, industrial accidents and overall safety. Discussion made about Fire Prevention reviewing the plan and the Kentucky Building Code. Legal Counsel Mr. Bradford clarified the legal standard for a light industrial use. The Zoning Ordinance states specific standards to be considered. City Manager Daron Jordan asked about on-street parking around the proposed loading docks. Specifically, if vehicles were parked on the street if a truck could back in. Commissioners Pollard and Rhodes stated there did not appear to be an issue. Mr. Canter stated the primary desire of Cryogenic Processors would be to utilize the existing loading docks on 3rd Street. Mr. Bruce Wilcox, President of Greater Paducah Economic Development, spoke. Mr. Wilcox reviewed standard wage and poverty rates in Paducah/ McCracken County. Mr. Wilcox further expounded on the history of the site and stated there would be no nuisances created with the development. He also stated it would be an accreditation to the TIF District. The types of jobs created would provide a living wage with benefits. He requested approval on behalf of GPED. Commissioner Benberry asked if the truck dock would move to Madison Street. Mr. Nic Hutchison, Planning Director, stated the final version would be approved within development review. Discussion was made about amending the motion to include language to mandate the change of the truck dock, murals and festival scheduling, but was ultimately decided against, thereby leaving the motion as read. No further questions were asked. Chairman Wade called for the vote. 6 Ayes (Benberry, Griffin, Kaler, Pollard, Rhodes, Wade), 0 Nays Case # VAC2023-0004 Old Coleman Road ROW closure of Old Coleman Road. Mr. Sommer stated Coleman Road used to be located in this ROW until the early 1980s. The Petitioner would retain most of the closed ROW and a portion would go to the property owner to the east. Commissioner Pollard offered: I move that this Commission adopt a resolution forwarding a positive recommendation to the Board of Commissioners to vacate and close 33,517 square feet of Old Coleman Road between 3200, 3204 and 3226 Coleman Road. Commissioner Rhodes seconded. Chairman Wade then opened the public hearing. Mr. Mike Gardner with Siteworx spoke. He stated the roadway was aligned in the early 1980s. He described the establishment and abolishment of easements. He stated Jackson Purchase has a substation nearby and an easement was being provided to them. Mr. Travis Spiceland, Vice President of Engineering at Jackson Purchase Energy, spoke. He stated Jackson Purchase was favorable to the closing as long as access was provided to the substation. Discussion was made about the easement and was ultimately determined that an easement was being provided. Hearing no further public comment, Chairman Wade closed the public hearing. No further questions were asked. Chairman Wade called for the vote. 6 Ayes (Benberry, Griffin, Kaler, Pollard, Rhodes, Wade), 0 Nays Case # PLT2022-0005 3810, 3820, 3900, 3910, 3914, 3920 & 3930 Pines Road Final subdivision plat. Mr. Sommer stated the preliminary plat came before the Planning Commission on January 5, 2023. It is for 12 townhome lots and meets the zoning requirements with the R-1 Zone. He further stated the Board of Adjustment approved a variance for the existing structure so there would not be an issue with establishing a property line down the center of the structure. Commissioner Rhodes offered: I move that this Commission adopt a resolution approving the final subdivision of property located at 3810, 3820, 3900, 3910, 3914, 3920 & 3930 Pines Road. Commissioner Pollard seconded. No questions were asked. Chairman Wade called for the vote. 6 Ayes (Benberry, Griffin, Kaler, Pollard, Rhodes, Wade), 0 Nays Case # WOS2023-0014 723 Cruse Avenue Proposed parking waiver. Mr. Sommer stated the request was to waive six parking spaces for a multi-family development. Reasons had been provided by the Petitioner’s professional representative why the parking spaces should be waived. Mr. Sommer stated Planning staff agreed with their assessment, but pointed to the demographics and safety as the primary reasons a favorable recommendation was being made. Mr. Brad Gough, project manager with BFW, spoke. He stated the project would provide additional housing which Paducah needs and would maximize the space. He also felt the development would enhance the community. The alley behind the development was further described. Chairman Wade asked how many on-street parking spaces could be provided. Mr. Gough stated four or five in front of the development. Commissioner Kaler offered: I move that this Board receive and file the application of TC-3 LLC to waive six parking spaces at 723 Cruse Avenue. I further move that the variance be approved based on the following findings of fact: The City of Paducah Comprehensive Plan supports population growth and housing choice. Housing choice is a City Commission priority. The redevelopment of this lot could help provide a catalyst for the redevelopment of underutilized lots in this area of Paducah. Multi-family structures are located to the east of the site; therefore, the character of the area would be maintained. Safety of residents could be mitigated if parking had to be provided behind the building. The alley behind the property is unimproved, which provides and additional buffer to the property on Levin Avenue. The central parking lot can be seen by all residents, which helps to improve safety. Commissioner Pollard seconded. No further questions were asked. Chairman Wade called for the vote. 6 Ayes (Benberry, Griffin, Kaler, Pollard, Rhodes, Wade), 0 Nays Other Business Adjournment Chairman Wade adjourned the meeting at 7:29 PM. Respectfully submitted by Joshua P. Sommer, AICP