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Planning Commission Zoning Public Hearing

June 25, 2020 · 30,631 words

Summary

Meeting Overview

The Urban County Planning Commission held a video teleconference meeting on June 25, 2020, at 1:30 PM, with Mike Owens presiding as the presiding officer. The commission addressed four agenda items during the session, all of which were approved, including two zoning map amendments for Schilling Properties and Centennial American Properties, as well as two zoning ordinance text amendments affecting Article 23 and Article 8. The commission conducted seven motions and votes throughout the meeting and heard from five members of the public during the public comment period. All agenda items resulted in approval, demonstrating a productive session focused on zoning matters and regulatory updates.

Attendance

The following members were present at the June 25, 2020 meeting:

  • Mike Owens
  • Headley Bell
  • Patrick Brewer
  • Anthony de Movellan
  • Larry Forester
  • Karen Mundy
  • Bruce Nicol
  • Frank Penn
  • Carolyn Plumlee
  • Bill Wilson

Absent: • Graham Pohl

No members arrived late to the meeting. Ten of the eleven members were in attendance.

Votes and Decisions

The commission took action on seven items during the June 25, 2020 meeting, with all voting members present participating in each decision.

PLN-MAR-20-00002 - JUBY, LLC Zoning Map Amendment & Ramsey Sullivan Property was postponed to the July 23, 2020 meeting 2:00. Carolyn Plumlee made the motion, seconded by Larry Forester. The postponement passed unanimously with all 10 members voting in favor: Mike Owens, Headley Bell, Patrick Brewer, Anthony de Movellan, Larry Forester, Karen Mundy, Bruce Nicol, Frank Penn, Carolyn Plumlee, and Bill Wilson.

PLN-MAR-20-00004 - Centennial American Properties Zoning Map Amendment was approved unanimously 5:00. Larry Forester motioned for approval, with Patrick Brewer providing the second. All 10 commission members voted in favor.

PLN-MJDP-20-00007 - Sharkey Property Unit 1 Lot 10A & Portion of Unit 4 Sec 2 Development Plan was approved with a modification 6:00. Larry Forester made the motion, seconded by Patrick Brewer. The approval passed unanimously 10-0, with Condition #5 changed to "resolve."

PLN-MAR-20-00005 - Centennial American Properties Zoning Map Amendment for Eastland Parkway was postponed 7:00. No motion details were recorded for this postponement.

PLN-MAR-20-00006 - MVO Acquisitions, LLC Zoning Map Amendment was approved unanimously 8:00. Bruce Nicol made the motion with Frank Penn seconding. All 10 members voted in favor.

PLN-ZOTA-20-00001 - Zoning Ordinance Text Amendment for Article 23 regarding Reallocation of Exaction Credits was approved unanimously 9:00. Larry Forester motioned with Headley Bell seconding.

PLN-ZOTA-20-00002 - Zoning Ordinance Text Amendment for Article 8 FAR Updates for R-3, R-4, and R-5 Zones was approved unanimously 10:00. Bruce Nicol made the motion, seconded by Frank Penn.

All approved items passed with identical 10-0 votes from the same commission members.

Public Comment

Five residents provided public comment during the meeting, addressing two main topics: the Schilling Properties Zoning Map Amendment and proposed changes to the Zoning Ordinance Text Amendment.

Schilling Properties Zoning Map Amendment

Three speakers commented on the Schilling Properties development proposal, with differing views on access points:

  • Jamie Luke 3:00 expressed support for the development plan but opposed requiring a driveway on Aurora Avenue. Luke emphasized the collaborative process that had taken place with the neighborhood in developing the proposal.
  • Chad Walker 4:00 supported the plan with an exit on Walton Avenue, citing both safety considerations and the collaborative work done with neighborhood residents.
  • Shelby Remedz 4:30 opposed creating an exit on Aurora Avenue, raising concerns about maintaining neighborhood character and ensuring pedestrian safety in the area.

Zoning Ordinance Text Amendment

Two speakers addressed proposed changes to Floor Area Ratio (FAR) regulations:

  • Jeanne Marie Olson 11:00 voiced concerns about how the proposed FAR changes might impact neighborhood character and housing affordability. She questioned whether the modifications would preserve the existing community feel.
  • Allison Rothmuir 11:30 supported the FAR updates, arguing that regulatory improvements were necessary to accommodate sustainable growth in the community.

The public comments reflected ongoing community discussions about balancing development needs with neighborhood preservation, particularly regarding traffic patterns and building density regulations.

Contested Items

Two zoning-related items faced significant community opposition during the meeting.

Schilling Properties Zoning Map Amendment

The Schilling Properties zoning map amendment encountered strong neighborhood opposition focused specifically on the proposed exit onto Aurora Avenue. Community members expressed concerns about the potential traffic impacts the new exit would generate and how it might affect the character of their neighborhood. The opposition centered on worries that increased vehicle traffic from the development would negatively impact the residential area's quality of life and safety.

Zoning Ordinance Text Amendment for Article 8

The proposed text amendment to Article 8 of the zoning ordinance also drew community opposition. Residents raised concerns about changes to Floor Area Ratio (FAR) regulations and their potential consequences for neighborhood character and housing affordability. Community members worried that the FAR modifications could lead to development that would alter the existing character of their neighborhoods and potentially impact housing costs in the area.

Both items represented typical land use conflicts where development proposals and regulatory changes face resistance from existing residents concerned about preserving neighborhood stability and character. The opposition in both cases focused on protecting community interests against perceived negative impacts from zoning changes that could facilitate new development or alter existing development standards.

*Note: Specific timestamps and final outcomes for these contested items were not available in the provided meeting data.*

Schilling Properties Zoning Map Amendment

2:30

The council considered Ordinance 1, a zoning map amendment for Schilling Properties related to expanding the Blue Door Smokehouse. The proposal involved changing the zoning designation to accommodate the restaurant's expansion plans.

Key speakers during the discussion included Hal Baillie, Traci Wade, and Dick Murphy, who presented various aspects of the zoning amendment request. The primary focus of the proposal was to enable the Blue Door Smokehouse to expand its operations through the rezoning of adjacent properties.

Council members and speakers discussed several important considerations during the deliberation:

  • Traffic flow concerns - Participants examined how the expansion would affect vehicle movement and parking in the surrounding area
  • Neighborhood impact - The discussion included analysis of how the zoning change and subsequent expansion would affect nearby residents and businesses
  • Operational requirements - Speakers addressed the specific zoning needs to support the restaurant's expansion plans

The deliberation appeared to weigh the business development benefits against potential community impacts. Council members evaluated whether the proposed zoning change aligned with the area's development goals while addressing resident concerns about increased activity and traffic.

After considering the presentations and discussing the various impacts, the council approved the Schilling Properties zoning map amendment. This decision allows the Blue Door Smokehouse to proceed with its expansion plans under the new zoning designation, subject to any additional permitting requirements and development standards that may apply to the rezoned property.

Centennial American Properties Zoning Map Amendment

5:30

The council considered Ordinance 2, a zoning map amendment for Centennial American Properties to develop a self-storage warehouse facility. Hal Baillie served as the key speaker presenting information on this zoning change request.

The proposed amendment would modify the existing zoning designation to accommodate the construction of a self-storage warehouse on the Centennial American Properties site. This type of development would require appropriate zoning classification to allow for the commercial storage use intended by the property owner.

During the discussion, the council reviewed the specifics of the zoning change and its implications for the surrounding area. The amendment represents a shift in the permitted land use for the property, moving toward commercial storage operations rather than the previously designated zoning category.

Following the presentation and any discussion of the proposal, the council voted to approve the zoning map amendment. This approval allows Centennial American Properties to proceed with their plans for developing the self-storage warehouse facility on the site, subject to meeting all other applicable development requirements and permitting processes.

The successful passage of this ordinance enables the property owner to move forward with their commercial development plans while ensuring the new use aligns with the community's zoning framework and development standards.

Zoning Ordinance Text Amendment for Article 23

9:30

The meeting addressed agenda item 3, a zoning ordinance text amendment to update Article 23 regarding the reallocation of exaction credits. Hal Baillie served as the key speaker for this agenda item.

The proposed text amendment focused on modifying existing provisions within Article 23 to allow for the reallocation of exaction credits. These credits typically relate to development impact fees and requirements that developers must meet or pay when constructing new projects.

The amendment was presented as an update to current zoning ordinance language to provide clearer guidance and procedures for how exaction credits can be reallocated between different development projects or phases. This type of amendment is generally intended to provide more flexibility in the development process while maintaining the municipality's ability to address infrastructure and service impacts from new construction.

Following the presentation and any discussion that occurred during the meeting, the zoning ordinance text amendment for Article 23 was approved by the governing body. The approval allows the updated language regarding exaction credit reallocation to be incorporated into the municipal zoning ordinance.

This amendment represents a procedural update to existing zoning regulations rather than a substantive change to development requirements, focusing specifically on the administrative aspects of how exaction credits can be managed and transferred within the development approval process.

Zoning Ordinance Text Amendment for Article 8

10:30

The City Council considered agenda item 4, a zoning ordinance text amendment to update Article 8 regarding Floor Area Ratio (FAR) regulations in R-3, R-4, and R-5 residential zones.

Key speakers during the discussion included Christopher Taylor and Valerie Friedmann, who presented the proposed changes to the zoning ordinance text. The amendment specifically focused on updating FAR requirements for multi-family residential zones R-3, R-4, and R-5.

The Council approved the zoning ordinance text amendment for Article 8. The changes will modify how floor area ratios are calculated and applied in the affected residential zoning districts, potentially impacting future development density and building requirements in these zones.

*Note: Limited transcript details were available for this agenda item. The summary is based on the structured meeting data provided.*

Decisions

  • PLN-MAR-20-00002 — postponed (10-0): Postponement of JUBY, LLC Zoning Map Amendment & Ramsey Sullivan Property
  • PLN-MAR-20-00004 — passed (10-0): Approval of Centennial American Properties Zoning Map Amendment
  • PLN-MJDP-20-00007 — passed (10-0): Approval of Sharkey Property Unit 1 Lot 10A & Portion of Unit 4 Sec 2 Development Plan
  • PLN-MAR-20-00005 — postponed (0-0): Postponement of Centennial American Properties Zoning Map Amendment for Eastland Parkway
  • PLN-MAR-20-00006 — passed (10-0): Approval of MVO Acquisitions, LLC Zoning Map Amendment
  • PLN-ZOTA-20-00001 — passed (10-0): Approval of Zoning Ordinance Text Amendment for Article 23 - Reallocation of Exaction Credits
  • PLN-ZOTA-20-00002 — passed (10-0): Approval of Zoning Ordinance Text Amendment for Article 8 - FAR Updates for R-3, R-4, and R-5 Zones