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HomeMy WebLinkAbout05-06-2024May 6, 2024 5:30 p.m. Paducah City Hall Commission Chambers Attendees: Micky Carman, Trey Griffin, Gayle Kaler, Vice-Chair David Morrison, Allan Rhodes, Chairman Bob Wade Absent: Joe Benberry Staff: Joshua P. Sommer, Planner III; Paul Bradford, Legal Counsel; Kristen Kruger, Legal Counsel Guests: Jason Goins, Nathan Myers, Honorable Counsel Wes Sullenger, Paula Coleman, Bill Coscarelli, Gary Dick, Jack Buri, Terri Buri, Kay Thompson 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 Griffin offered: I move that the reading of the minutes for April 1, 2024 be waived and that the minutes of said meeting, as prepared by staff, be approved as written. Commissioner Rhodes seconded. No corrections were requested. Chairman Wade called for the vote. 6 Ayes (Carman, Griffin, Kaler, Morrison, Rhodes, Wade), 0 Nays Chairman Wade laid out the ground rules for how the Commission meeting would be conducted. URCDA New Petitions Planning Commission Continued Petitions Case # TXT2024-0001 Section 126-88 Reasonable accommodation for recovery homes Note: Due to the amount of public interest, this item was moved last on the agenda. Establish 126-88 Reasonable accommodation for recovery homes. Mr. Sommer presented the staff report. He stated the petition was for a text amendment on the placement, permitting and performance standards for reasonable accommodation for recovery homes. He stated several requests had been made in recent years but there was no formal procedure to approve or deny them. He stated several resources were utilized to develop the text amendment. Mr. Sommer then went over several questions about the proposed text amendment and the answers thereto. Commissioner Carman offered: I move that this Commission remove from the table Case # TXT2024-0001 pertaining to the proposed Section 126-88 Reasonable accommodation for Recovery Homes. Commissioner Rhodes seconded. 6 Ayes (Carman, Griffin, Kaler, Morrison, Rhodes, Wade), 0 Nays Chairman Wade asked if any Commissioners had any questions. No questions were asked. Commissioner Benberry offered: I move that this Commission adopt a resolution recommending to the Board of Commissioners that case TXT2024-0001 pertaining to the text amendment of 126-88 Reasonable accommodation for Recovery Homes of the Paducah Zoning Ordinance be adopted. Commissioner Rhodes seconded. Chairman Wade then opened the public hearing. Honorable Counsel Wes Sullenger, representing LuCasaCare spoke. Overall, he likes the amendment. He referenced some points of clarification. Mr. Sullenger pointed out that an evidentiary standard should be addressed. He stated people with major life impairments from substance abuse are disabled as long as they are not currently involved in the illegal use of a controlled substance. People with an addition have to be enrolled in a supervised rehabilitation program or have completed a supervised rehabilitation program. Mr. Sullenger stated that the recovery program cannot take place in the recovery home. Paula Coleman, with PSC Investigations, spoke. She stated she submitted a report with developments that have happened since the Board of Adjustment meeting in January. She felt that there should be a classification system of recovery homes. She stated some addicts require more resources. Hearing no further public comment, Chairman Wade closed the public hearing. Vice-Chair Morrison asked if the amendment was flexible. Commission attorney Paul Bradford stated the Planning Commission has the discretion to amend the text amendment, adopt as-is or table the text amendment. Commissioner Rhodes asked if the proposed text amendment was robust enough to withstand lawsuits. Mr. Bradford stated the proposed text could be passed and amended at a later time. Legal Counsel Kristen Kruger spoke. She stated the ordinances in Kentucky have not been litigated that she was aware of. That was why other cities outside of Kentucky were utilized to draft the text amendment. Mr. Bradford stated the text amendment had been well thought out and it was as refined as possible. Commissioner Kaler asked if the text amendment was for future recovery homes and not address existing recovery homes. Chairman Wade stated his understanding was the regulations would be all to the recovery homes, but some were would be grandfathered in. If they lose their certification, they have to start over with certification. Mr. Sommer stated that was correct and any new applications would have to meet all the parameters of the proposed text amendment. Commissioner Griffin asked if recovery homes have to have special zoning. Mr. Bradford stated that was the purpose of the text amendment, to regulate recovery homes. No further questions were asked. Chairman Wade called for the vote. 4 Ayes (Kaler, Morrison, Rhodes, Wade), 2 Nays (Carman, Griffin) Planning Commission New Petitions Case # ZON2024-0003 4955 Alben Barkley Drive Zone change from R-4 to B-1. Mr. Sommer presented the staff report. He stated there is currently a single-family home on the property. The property also borders the B-1 PUD. He further stated just the underlying B-1 Zone would apply to the property, not the PUD. Mr. Sommer stated the house was nonconforming with respect to the front-yard setback of 25’. The house is located approximately 18’ from the property line. Rezoning of this property would help to facilitate redevelopment of the property, thereby removing a nonconformity. Commissioner Rhodes offered: I move that this Commission adopt a resolution recommending the Convenience & Service Zone classification for property located at 4955 Alben Barkley Drive. I further move this Commission adopt the following findings of fact in support of said recommendation: The proposed rezoning complies with the City of Paducah Comprehensive Plan. The Comprehensive Plan speaks at length about the abolishment of nonconforming uses, stating specifically that nonconformity should be viewed as undesirable. The rezoning of this lot could increase the possibility of development, most likely with a development to the east. By doing so, the nonconforming single-family home would be removed in compliance with the Comprehensive Plan. Alben Barkley is a major arterial, important to not just Paducah but to Western Kentucky as a whole, therefore; commercial development is appropriate upon this lot. The ingress/ egress to the site is steep. Incorporating this site into a future commercial development to the east could remove the ingress/ egress, thereby promoting safety and corrective traffic circulation. An office complex is located to the west of the site and WKCTC is located to the south. No other single-family homes are located on Alben Barkley Drive in the immediate vicinity. The B-1 Convenience & Service Zone is located adjacent to this site, therefore spot zoning would be negated. Vice-Chair Morrison seconded. Chairman Wade then opened the public hearing. Mr. Jason Goins, Petitioner’s professional representative, spoke. He stated the rezoning would open up some greater possibilities for land use. Hearing no further public comment, Chairman Wade closed the public hearing. No questions were asked. Chairman Wade called for the vote. 6 Ayes (Carman, Griffin, Kaler, Morrison, Rhodes, Wade), 0 Nays Case # ZON2024-0004 1400, 1412, 1416, 1422 & 1426 Bloom Avenue Zone change from R-4 to M-2. Mr. Sommer presented the staff report. He stated the property has been vacant since 1990. He stated there are several industrial uses such as transfer stations, trucking centers and recycling in the immediate vicinity. Therefore, it is highly unlikely that the properties would be utilized for residential use. The rezoning would facilitate the properties being returned to a productive use for possible storage warehouses or metal spec buildings. Commissioner Kaler offered: I move that this Commission adopt a resolution recommending the Heavy Industrial Zone classification for property located at 1400, 1412, 1416, 1422 and 1426 Bloom Avenue. I further move this Commission adopt the following findings of fact in support of said recommendation: The proposed rezoning complies with the City of Paducah Comprehensive Plan. The area is typical of industrialized land uses with trucking facilities and recycling uses located nearby. Therefore, it is very unlikely these lots will be redeveloped for residential use. The rezoning of these lots could increase the possibility of new businesses in the City of Paducah, thereby providing jobs and an enhanced tax base. The lots would be put back into productive use, as they have been vacant since 1990. The M-2 Heavy Industrial Zone is located adjacent to this site, therefore spot zoning would be negated. Vice-Chair Morrison seconded. Chairman Wade then opened the public hearing. Mr. Jason Goins, Petitioner’s professional representative, spoke. He stated the proposed use may be office or storage uses. Hearing no further public comment, Chairman Wade closed the public hearing. No questions were asked. Chairman Wade called for the vote. 6 Ayes (Carman, Griffin, Kaler, Morrison, Rhodes, Wade), 0 Nays Case # VAC2024-0003 2404, 2416, 2420 & 2440 Barnett Street and 2364 & 2640 South 24th Street ROW closure of two 10’ alleys. Mr. Sommer presented the staff report. He stated the petition was for the City of Paducah for a detention pond. The City owns the properties on both sides of the alleys. Both alleys are not utilized in any public capacity. Mr. Sommer stated staff had two comments for the Engineer to address. Chairman Wade asked if any Commissioners had any questions. No questions were asked. Commissioner Carman offered: I move that this Commission adopt a resolution forwarding a positive recommendation to the Board of Commissioners to vacate and close 2,826 square feet of a 10’ alley west of South 24th Street between Center Street & Seitz Street and 4,046 square feet of a 10’ alley west of South 24th Street between Seitz Street & Barnett Street. Commissioner Rhodes seconded. Chairman Wade then opened the public hearing. Hearing no public comment, Chairman Wade closed the public hearing. No questions were asked. Chairman Wade called for the vote. 6 Ayes (Carman, Griffin, Kaler, Morrison, Rhodes, Wade), 0 Nays Case # ZON2024-0002 200 Fountain Avenue Zone change from R-1 to NSZ and conditional use for a short-term rental. Mr. Sommer presented the staff report. He stated the petition had two parts. The first was a petition for a rezoning from the R-1 Low Density Residential Zone to the Neighborhood Services Zone. The second was for the Planning Commission to grant a conditional use permit in accordance with KRS 100.202 (5). Mr. Sommer stated the current configuration of the lot rendered it a nonconformity with respect to the R-1 Zone. He stated the lot would be conforming if rezoned to the NSZ. The Comprehensive Plan speaks at length to nonconformities and the undesirableness thereof. He further stated this is a prominent corner and if rezoned, would have additional protections placed on it, and the larger neighborhood, because exterior changes in the NSZ are overseen by the Historic Architecture Review Commission. Mr. Sommer stated the site is at the edge of the proposed NSZ. The site is on a major collector street and had easy access to all of Paducah due to the central location. Commercial and multi-family uses are located across Jefferson Street. The proposed STR is centrally located. Chairman Wade asked Mr. Sommer to expound on the rezoning and conditional use. Mr. Sommer stated that when a rezoning is performed, KRS allows the Planning Commission to hear and decide variances or conditional uses. Vice-Chair Morrison offered: I move that this Commission adopt a resolution approving the Neighborhood Services Zone classification for property located at 200 Fountain Avenue. I further move that the approval be based on the following findings of fact: The rezoning complies with the City of Paducah Comprehensive Plan. The Comprehensive Plan speaks at length about the abolishment of nonconforming uses, stating specifically that nonconformity should be viewed as undesirable. The rezoning of this lot would remove the nonconforming status of the lot in the R-1 Zone to a conforming status in the Neighborhood Services Zone. The site is in the Jefferson Street-Fountain Avenue Historic District. The site is on a prominent corner leading into the greater Fountain Avenue Neighborhood. Additional protections would be placed on the home and the neighborhood at large, by way of exterior approvals being reviewed by the Historic Architecture Review Commission. An apartment building and commercial building are located to the south of the site, which minimizes an entirely residential character as the R-1 Zone would suggest. The Neighborhood Services Zone is located adjacent to this site, therefore spot zoning would be negated. I further move that this Commission approve the conditional use request of Nathan Myers for a short-term rental to be located in the Neighborhood Services Zone at 200 Fountain Avenue. I further move that the approval be based on the following findings of fact: The site has convenient ingress and egress to Broadway which is a minor arterial. The site has convenient ingress and egress to Martin Luther King Jr. Drive/ Park Avenue, both of which are major arterials. The site is not within a residential subdivision. The site is on the edge of the Neighborhood Services Zone. An apartment building and commercial building are located to the south of the site, which minimizes an entirely residential character. The number of guests will be limited to no more than four at a time. The site is centrally located within the City of Paducah, giving guests easy access to shopping, dining and entertainment in both the downtown area and at the Regional Trade Center. The site is within the Jefferson Street-Fountain Avenue Historic District. Other City of Paducah historic districts are nearby, affording guests a unique cultural experience. The driveway contains sufficient parking for up to three vehicles tandem-style. Commissioner Griffin seconded. Chairman Wade then opened the public hearing. William Coscarelli, 220 Fountain Avenue, spoke. Mr. Coscarelli presented an exhibit showing what Fountain Avenue looked like. Mr. Coscarelli showed pictures of different structures in states of deferred maintenance. He stated that different zoning can change the character of the neighborhood. He further stated that this would take a house off the market for a single-family home. Jack Buri, 319 Fountain Avenue, spoke. He stated he wasn’t sure when 200 Fountain Avenue became a nonconformity. He stated he was not in favor of changing the zoning and felt the area needed permanent residents. Gary Dick, 505 Fountain Avenue, spoke. He spoke about recovery homes in the area. He lives next door to a recovery home. Mr. Dick asked Mr. Myers if there would be an Oxford House there. Mr. Myers stated no. Mr. Dick stated recovery homes should be tightly regulated. Terri Buri, 319 Fountain Avenue, spoke. She asked the purpose of the Jefferson Street Association was to keep the neighborhood in a residential state. She further stated she felt the zoning should not be changed. Kay Thompson, 1735 Harrison Street, spoke. She felt the nonconformity was a good thing and allowed for an opportunity for someone to own a smaller home. She felt the intended use could change down the road. She also lives next to an Oxford House. She stated there could be noise problems and commercial encroachment. Nathan Myers, Petitioner, spoke. He stated the proposed zoning change would not allow a wide-open zoning. The specific permit being sought was just for a short-term rental. He also intends family and friends to stay there. Mr. Myers stated that he lives next door and would address noise concerns immediately. He has no intents of selling the property. Hearing no further public comment, Chairman Wade closed the public hearing. Chairman Wade asked if any of the Commissioners had questions or comments. Commissioner Kaler asked what the zoning requirements was for any neighborhoods. Mr. Sommer explained the special event short term rentals are only allowed in the R-1 Zone and they were conditional use in the R-2 and R-3 Zone. They are principally permitted elsewhere in the City. Commission attorney Paul Bradford pointed out that the principal uses of the R-1 Zone and the Neighborhood Services Zone was the same. The NSZ allows for conditional uses and a few other types of conditional uses. If the use was to change, another petition would have to be made. Just changing the zoning does not automatically allow short-term rentals. Commissioner Griffin asked how short-term rentals were operating currently. Mr. Sommer stated several had come before the Board of Adjustment for conditional use permits. STRs in commercial or industrial zones are allowed by right. Commissioner Rhodes stated several property owners in Lowertown have turned single-family homes into STRs. He stated STRs do not add anything to the neighborhood. Residents that live in the neighborhoods have a sense of community and are engaged. No further questions were asked. Chairman Wade called for the vote. 2 Ayes (Morrison, Wade), 4 Nays (Carman, Griffin, Kaler, Rhodes) Chairman Wade stated there was a form available for any aggrieved person to appeal to the Board of Commissioners. Other Business Adjournment Chairman Wade adjourned the meeting at 6:54 PM. Respectfully submitted by Joshua P. Sommer, AICP