HomeMy WebLinkAbout06-03-2024June 3, 2024 5:30 p.m. Paducah City Hall Commission Chambers Attendees: Micky Carman, Trey Griffin, Vice-Chair David Morrison, Allan Rhodes, Chairman Bob Wade Absent: Joe Benberry, Gayle Kaler Staff: Michelle Smolen, Assistant City Manager; Joshua P. Sommer, Planner III; Paul Bradford, Legal Counsel Guests: Nathan Myers, Bill Coscarelli 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. Vice-Chair Morrison offered: I move that the reading of the minutes for May 6, 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. 5 Ayes (Carman, Griffin, Morrison, Rhodes, Wade), 0 Nays URCDA New Petitions Planning Commission Continued Petitions Planning Commission New Petitions Case # ZON2024-0002 200 Fountain Avenue Recommendation to the Board of Commissioners and adopting Findings of Fact thereof. Chairman Wade explained that a recommendation was not made at the last meeting to the Board of Commissioners. Findings of Fact would also be needed at this meeting. Board Counsel Paul Bradford explained that the Planning Commission has, at that point, not made a recommendation to the Board of Commissioners. Findings of fact would need to be adopted and the staff report has not changed. The testimony from the last meeting and the written objection, along with the staff report, constitutes the record on which the recommendation must be made. Mr. Bradford also handed out a copy of the zoning ordinance 126-176 which is pertinent to zone change procedures. Finding necessary to approve the map amendment is that it agrees with the Comprehensive Plan, the original zone was inappropriate or changes of a physical, social or economic nature have been made in the area. There are no written statutory guidelines in which to deny a zone change. A finding that could support denial would be the amendment is not in agreement with the Comprehensive Plan or if the zoning classification is appropriate. Also, if there have not been major changes to the area. Discussion was made about the status of the previous vote and where the petition stood currently. Mr. Bradford stated a motion was not under consideration currently. Commissioner Rhodes offered: I move that this Commission make a recommendation to the Board of Commissioners that the requested zoning change to Neighborhood Services Zone classification for property located at 200 Fountain Avenue be denied. I further move that this Commission adopt the following Findings of Fact supporting the recommendation of denial: The proposed map amendment does not agree with the Comprehensive Plan because it would lessen affordable housing in the City. Discussion was then made about the Findings of Fact. Commissioner Rhodes stated that Comprehensive Plan discussions have centered about affordable housing. An affordable house would be removed from the housing stock. Note – this discussion lead to the above finding of fact. Discussion was made about the nonconforming status of the lot. Commissioner Rhodes felt that the nonconforming status was a not a viable argument. Reference was made to the lots beside the Health Park. Chairman Wade asked Commissioner Rhodes if he felt the current zone (R-1) was correct and should not be changed. Commissioner Rhodes stated homes are being constructed on nonconforming lots at this time. Mr. Sommer stated that the subdivision by the Health Park was established with 40’ lots to mimic the historic development pattern on Harahan Boulevard, on the opposite side of the block. Further discussion was made about the removal of the nonconformity. It is up to the Planning Commission to determine the removal of nonconformities vs. the desirability of affordable housing. Commissioner Carman seconded. Vice-Chair Morrison stated his favorable vote on May 6th was based on the Findings of Fact contained in the staff report. The Findings of Fact were reiterated as contained in the staff report. Commissioner Rhodes stated he was not sure how the HARC applied to this site. Discussion followed about where the HARC had jurisdiction. Mr. Sommer stated the HARC standards apply in the NSZ, currently located to the north of the site. Commissioner Griffin and Chairman Wade discussed the motion on the floor to be voted upon. Commissioner Griffin clarified that a “yea” vote means a vote in favor of the property remaining the R-1 Zone. No further questions were asked. Chairman Wade called for the vote. 2 Ayes (Carman, Rhodes), 3 Nays (Griffin, Morrison, Wade) Chairman Wade stated that action was still needed to make a recommendation to the Board of Commissioners. A suggested motion could be what was made during the May meeting. Mr. Bradford suggested the motion could be the one contained in the staff report which would include the recommendation for the conditional use. 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 and recommendations be made with the findings of fact as follows: 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 and a positive recommendation be made with these 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. 3 Ayes (Griffin, Morrison, Wade), 2 Nays (Carman, Rhodes) Other Business Adjournment Chairman Wade adjourned the meeting at 6:07 PM. Respectfully submitted by Joshua P. Sommer, AICP