Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met via video teleconference on May 27, 2021, at 1:30 PM. The commission addressed four agenda items during the session, taking five votes on various motions throughout the meeting. One member of the public provided comments during the proceedings.

The commission achieved mixed results on the items before them. Two significant zoning amendments were approved: the Urban County Planning Commission Zoning Map Amendment and amendments to Articles 8-21 and 8-22 regarding adaptive reuse, flex space, and industrial mixed use projects. However, the proposed amendment to Article 12-3 that would have allowed kennels in the B-6P zone was denied by the commission. The Fountains at Palomar Zoning Map Amendment was postponed for future consideration.

The meeting demonstrated the commission's ongoing work to balance development needs with zoning regulations, addressing both specific property requests and broader policy changes to the urban county's zoning framework.

Attendance

All members were present for the meeting held on May 27, 2021.

Present: • Ivy Barksdale • Headley Bell • Jan Meyer • Frank Penn • Carolyn Plumlee • Zach Davis • Larry Forester • Bruce Nicol • Graham Pohl • Bill Wilson

Absent: None

Late: None

The meeting achieved full attendance with all ten members participating.

Votes and Decisions

The Planning Commission took action on five items during the May 27, 2021 meeting, with three postponements, one approval, one disapproval, and one approval.

PLN-MAR-21-00005 - Fountains at Palomar Zoning Map Amendment 2:00 Bill Wilson motioned to postpone this zoning map amendment, seconded by Headley Bell. The motion to postpone to June 24, 2021 passed by voice vote.

PLN-ZOTA-21-00003 - Traffic Impact Studies Text Amendment 4:00 Carolyn Plumlee motioned to postpone this text amendment regarding traffic impact studies, seconded by Jan Meyer. The postponement to June 24, 2021 was approved by voice vote.

PLN-MAR-21-00006 - Urban County Planning Commission Zoning Map Amendment 45:00 Bill Wilson motioned for approval of this zoning map amendment, seconded by Bruce Nicol. The motion passed by voice vote, subject to certification of the development plan.

PLN-ZOTA-21-00001 - Amendment to Article 12-3: Allow Kennels in the B-6P Zone 120:00 Carolyn Plumlee motioned for disapproval of this text amendment that would allow kennels in the B-6P zone. The motion failed to receive a second and therefore did not pass.

PLN-ZOTA-21-00002 - Amendment to Articles 8-21 and 8-22: Adaptive Reuse, Flex Space, and Industrial Mixed Use Projects 180:00 Bill Wilson motioned for approval of this text amendment regarding adaptive reuse, flex space, and industrial mixed use projects, seconded by Bruce Nicol. The motion passed by voice vote with no conditions.

All votes were conducted by voice vote rather than roll call, so individual commissioner votes were not recorded for any of the items.

Public Comment

During the public comment period, one resident addressed the board regarding proposed zoning changes.

Brittany Rothmeir spoke about the Zoning Ordinance Text Amendment, specifically expressing concerns about expanding conditional uses in the B-6P zone 110:00. Rothmeir argued that the proposed changes could discourage residential and mixed-use development in the area, potentially impacting the community's growth and housing options.

The public comment period provided community members an opportunity to voice their perspectives on agenda items before the board's deliberations.

Contested Items

The meeting addressed one contested item that generated community opposition.

Allowing Kennels in B-6P Zone

A proposal to allow kennels in the B-6P zoning district faced significant opposition from community members. The primary concerns raised centered on potential noise issues and questions about whether kennel operations would be compatible with nearby residential areas.

The opposition expressed worries that allowing kennels in the B-6P zone could create disturbances for residents living in proximity to these commercial areas. Community members questioned whether the noise generated by dogs at kennel facilities would be appropriate given the mixed-use nature of areas adjacent to residential neighborhoods.

The specific outcome of this contested item was not clearly documented in the available materials, though the community opposition was noted as a significant factor in the discussion of this zoning proposal.

Fountains at Palomar Zoning Map Amendment

2:00

The first agenda item addressed the Fountains at Palomar Zoning Map Amendment, which was scheduled for discussion during the meeting. Bruce Simpson served as the key speaker for this item.

Rather than proceeding with the planned discussion, Simpson indicated that the zoning map amendment required postponement. He explained that ongoing work with staff was still in progress, necessitating additional time before the item could be properly considered by the body.

The decision to postpone was made to allow for the completion of necessary staff work related to the zoning amendment. No specific timeline was provided for when the item would return to the agenda, though it was implied that the postponement would continue until the staff work was satisfactorily completed.

The outcome of this agenda item was a postponement, with no formal action taken on the Fountains at Palomar Zoning Map Amendment itself. The item will need to be rescheduled for a future meeting once the preliminary staff work has been finished.

Urban County Planning Commission Zoning Map Amendment

45:00

The council considered a zoning map amendment for properties related to the Southend Park redevelopment plan during agenda item 2.

Key speakers on this ordinance included Hal Baillie and Tom Martin, who presented information regarding the proposed zoning changes necessary to implement the Southend Park redevelopment plan. The amendment involved modifying zoning designations for specific properties to align with the planned redevelopment of the Southend Park area.

The zoning map amendment was presented as part of the broader effort to facilitate the redevelopment of Southend Park, requiring changes to existing zoning classifications to accommodate the planned improvements and development in the area.

Following discussion and consideration of the proposal, the council approved the zoning map amendment, allowing the necessary zoning changes to proceed in support of the Southend Park redevelopment plan.

Amendment to Article 12-3: Allow Kennels in the B-6P Zone

120:00

The council considered an ordinance amendment that would allow kennels as a conditional use in the B-6P zoning district. The proposal was presented for discussion during the May 27, 2021 meeting.

Key speakers on this agenda item included Hal Baillie and Scott Crosby, who participated in the deliberations regarding the zoning change. The amendment would have modified Article 12-3 of the municipal code to expand permitted uses in the B-6P zone to include kennel operations, subject to conditional use approval processes.

The council ultimately voted to deny the proposed amendment. The ordinance failed to gain the necessary support from council members, meaning kennels will continue to be prohibited in the B-6P zoning district under current regulations.

This agenda item was identified as item number 3 on the meeting agenda and represented a zoning policy decision that would have affected future development and business operations in areas designated as B-6P zones within the municipality's jurisdiction.

Amendment to Articles 8-21 and 8-22: Adaptive Reuse, Flex Space, and Industrial

180:00

The council considered amendments to Articles 8-21 and 8-22 of the zoning ordinance aimed at encouraging adaptive reuse projects and clarifying regulations for industrial mixed-use developments. The proposed changes were designed to provide greater flexibility for developers working with existing structures while maintaining appropriate zoning standards for industrial areas that incorporate mixed-use elements.

Hal Baillie served as the key speaker for this agenda item, presenting the proposed amendments and their intended benefits for the community. The discussion focused on how these zoning modifications would facilitate the conversion of underutilized buildings into productive spaces while ensuring compatibility with surrounding land uses.

The amendments addressed specific provisions for: • Adaptive reuse projects that convert existing structures for new purposes • Flex space developments that can accommodate multiple types of uses • Industrial mixed-use projects that combine manufacturing, commercial, and potentially residential components

The proposed changes were intended to streamline the approval process for these types of developments while maintaining necessary oversight and community standards. The amendments also sought to clarify existing ambiguities in the zoning code that had created uncertainty for developers and property owners pursuing these types of projects.

Following the presentation and discussion, the council approved the amendments to Articles 8-21 and 8-22. The approval indicates the council's support for promoting adaptive reuse and providing clearer guidance for industrial mixed-use developments within the community's zoning framework.