Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission held a video teleconference meeting on July 22, 2021, at 1:30 PM, with Larry Forester presiding as the presiding officer. The commission addressed four agenda items during the session, taking three votes on various matters before them. The meeting resulted in mixed outcomes, with commissioners approving the meeting minutes and an amendment regarding home-based businesses and home occupations, while postponing two other significant items for future consideration.

The commission successfully approved amendments to Articles 1-11 and 3-10 concerning home-based businesses and home occupations, indicating progress on regulatory updates for residential business activities. However, two major items were postponed: the LATA, LLC Zoning Map Amendment & Bryan Property, Lot 2 Zoning Development Plan, and proposed amendments to Articles 6 and 7 regarding notification procedures for public hearings. These postponements suggest the need for additional review or information before the commission could make final determinations.

No public comments were heard during this meeting, indicating either limited public interest in the agenda items or potential restrictions related to the video teleconference format. The virtual meeting format reflected ongoing adaptations to remote governance during the period, allowing the commission to continue its regulatory work while maintaining public access to proceedings.

Attendance

The following members were present at the July 22, 2021 meeting:

• Larry Forester
• Ivy Barksdale
• Headley Bell
• Zach Davis
• Anthony de Movellan
• Janice Meyer
• Robin Michler
• Bruce Nicol
• Graham Pohl

Frank Penn was absent from the meeting.

No members arrived late to the session.

Votes and Decisions

The commission took action on three items during the meeting, with all votes being unanimous.

PLN-MAR-18-00023 - LATA, LLC Zoning Map Amendment & Bryan Property, Lot 2 Zoning Development Plan 10:30 Graham Pohl motioned to postpone this item, with Headley Bell providing the second. The motion passed unanimously with all nine commissioners voting in favor: Larry Forester, Ivy Barksdale, Headley Bell, Zach Davis, Anthony de Movellan, Janice Meyer, Robin Michler, Bruce Nicol, and Graham Pohl. No commissioners voted against or abstained.

PLN-ZOTA-21-00005 - Amendment to Article 6 and Article 7: Notification for Public Hearings 12:45 Anthony de Movellan motioned to postpone this zoning text amendment regarding notification procedures for public hearings, seconded by Graham Pohl. The postponement was approved unanimously with a 9-0 vote. All commissioners present voted in favor of the postponement: Larry Forester, Ivy Barksdale, Headley Bell, Zach Davis, Anthony de Movellan, Janice Meyer, Robin Michler, Bruce Nicol, and Graham Pohl.

PLN-ZOTA-21-00004 - Amendment to Article 1-11 and 3-10: Home-Based Businesses and Home Occupations 20:00 Janice Meyer made the motion to approve this zoning text amendment addressing home-based businesses and home occupations, with Graham Pohl seconding the motion. The amendment was approved unanimously with all nine commissioners voting in favor: Larry Forester, Ivy Barksdale, Headley Bell, Zach Davis, Anthony de Movellan, Janice Meyer, Robin Michler, Bruce Nicol, and Graham Pohl. There were no opposing votes or abstentions.

All three votes demonstrated complete consensus among the nine-member commission, with two items being postponed and one amendment being approved.

Appointments

The meeting included one appointment to a city commission.

• Robin Michler was appointed to the Urban County Planning Commission.

The appointment was processed during the meeting's regular business, though specific details about the term length, voting results, or background qualifications for this position were not provided in the available meeting materials.

Contested Items

The meeting featured one significant area of disagreement regarding public participation in meetings.

Public Participation in Meetings

A heated discussion emerged around the topic of public participation via phone or video in meetings. The disagreement centered on concerns about accessibility and transparency for community members who wish to participate in local government proceedings.

The nature of the debate suggests there were differing viewpoints among participants about how to best accommodate public input while maintaining effective meeting operations. Some participants appeared to advocate for expanded remote participation options, likely citing accessibility benefits for residents who may have difficulty attending meetings in person due to work schedules, transportation issues, or other barriers.

The discussion touched on transparency concerns, indicating that some participants viewed remote participation options as essential for maintaining open government practices and ensuring broad community engagement in local decision-making processes.

However, the specific positions taken by individual participants, the exact nature of their disagreements, and the ultimate outcome of this discussion are not detailed in the available meeting information. The classification of this as a "heated discussion" suggests there were strong feelings on multiple sides of the issue, but without additional context about the resolution or next steps taken by the governing body.

*Note: Specific transcript timestamps are not available for this contested item discussion.*

Approval of Minutes

5:00

The meeting addressed the approval of minutes from the previous session held on June 24, 2021. Janice Meyer and Graham Pohl were the key speakers during this agenda item.

The minutes from the June 24, 2021 meeting were presented for review and approval by the board or committee members. Following discussion by the participants, the minutes were formally approved.

No specific concerns or amendments to the minutes were noted in the available meeting data, suggesting the record of the previous meeting was accepted as presented.

LATA, LLC Zoning Map Amendment & Bryan Property, Lot 2 Zoning Development Plan

10:30

The meeting addressed agenda item PLN-MAR-18-00023, which involved a zoning map amendment and development plan for LATA, LLC and Bryan Property, Lot 2.

Matt Carter served as the key speaker for this agenda item, presenting a request for postponement of the proposed zoning map amendment and development plan. The specific details of the original zoning request or the reasons for seeking postponement were not elaborated upon during the brief discussion.

The item was handled as an ordinance matter, indicating it would require formal legislative action by the governing body. However, rather than proceeding with substantive review or debate of the zoning proposal, the meeting focused solely on the postponement request.

No significant concerns were raised during the discussion, and no opposition to the postponement was voiced by meeting participants. The procedural nature of the request appeared to be straightforward and uncontroversial.

The outcome of the agenda item was that the postponement request was granted. This means the zoning map amendment and development plan for LATA, LLC and Bryan Property, Lot 2 will be rescheduled for consideration at a future meeting date, allowing additional time for preparation, review, or resolution of any outstanding issues related to the proposal.

The brief handling of this item suggests it was largely administrative in nature, with the substantive discussion of the actual zoning matters deferred to a later date when the item returns to the agenda.

Amendment to Article 6 and Article 7: Notification for Public Hearings

12:45

The Planning Commission considered agenda item PLN-ZOTA-21-00005, a proposed text amendment to Article 6 and Article 7 regarding notification requirements for public hearings. The amendment would require notification of both property owners and occupants for public hearings.

Traci Wade presented a request for postponement of this text amendment. The specific reasons for the postponement request were not detailed in the available materials, but the item involved changes to the notification procedures that would expand the current requirements to include both owners and occupants of properties affected by public hearing matters.

The Commission voted to postpone consideration of this ordinance amendment. No further discussion or debate on the merits of the proposed notification changes was recorded during this meeting.

The postponement means the text amendment to modify notification requirements in Article 6 and Article 7 will be reconsidered at a future Planning Commission meeting. The current notification procedures remain in effect until the Commission takes action on the proposed changes.

Amendment to Article 1-11 and 3-10: Home-Based Businesses and Home Occupations

20:00

The council considered ordinance PLN-ZOTA-21-00004, an amendment to Article 1-11 and 3-10 regarding home-based businesses and home occupations. The proposed changes aim to modernize the definition of home-based businesses and occupations to ensure compliance with state regulations.

Autumn Goderwis served as the key speaker presenting this agenda item to the council. The amendment represents an effort to update existing zoning ordinance language to align with current state requirements governing home-based business operations.

The ordinance amendment was approved by the council, allowing the updated definitions and regulations for home-based businesses and home occupations to move forward. This modernization of the zoning code will help ensure that local regulations remain consistent with state-level requirements while providing clearer guidance for residents operating businesses from their homes.