Planning Commission Zoning Items Subcommittee

Summary

Meeting Overview

The Zoning Committee convened on October 3, 2024, at 1:30 PM in the Phoenix Building's 3rd Floor Conference Room. The committee addressed three agenda items during the session, with mixed outcomes across the docket. The committee took three votes total, with one item approved, one postponed, and one deferred for future consideration. No public comments were heard during this meeting, and no presiding officer was specifically identified in the meeting records.

The approved item was PLN-MAR-24-00016 concerning L.O.P.1, LTD, while PLN-MAR-22-00016 for Realty Unlimited Bluegrass, LLC was postponed. Additionally, the committee deferred consideration of PLN-ZOTA-24-00006, which involved proposed revisions to Article 23A-10 for the Economic Development (ED) Zone.

Votes and Decisions

The Commission took action on three items during the October 3, 2024 meeting.

PLN-MAR-22-00016 - Postponement 1:00:00 Mr. Forrester made a motion to postpone the zoning map amendment request by Realty Unlimited Bluegrass, LLC, which was seconded by Mr. Jonathan Davis. The motion to postpone passed unanimously.

PLN-MAR-24-00016 - Zoning Map Amendment 2:30:00 Mr. Polce moved to approve the zoning map amendment request by L.O.P.1, LTD, with Mr. Forrester providing the second. The Commission voted unanimously to approve the zoning map amendment.

L.O.P.1, LTD Variance 2:45:00 Mr. Polce made a motion to approve a variance for L.O.P.1, LTD, seconded by Mr. Jonathan Davis. The variance was approved unanimously with standard conditions attached.

All three votes were conducted as voice votes with unanimous outcomes. No roll call votes were taken, and no commissioners voted against any of the motions or abstained from voting.

Contested Items

The Commission addressed one contested item during the October 3, 2024 meeting involving a procedural dispute over application PLN-MAR-22-00016 for REALTY UNLIMITED BLUEGRASS, LLC.

The disagreement centered on unresolved issues with the project's design and concerns about adequate public engagement. The application faced postponement due to these outstanding matters, which prompted a lengthy discussion among Commission members.

The nature of the dispute was procedural, focusing on whether the application was ready for consideration given the pending design issues and questions about the sufficiency of community input processes. Commission members engaged in extended deliberation about the appropriate next steps for the application.

The outcome was a postponement of the REALTY UNLIMITED BLUEGRASS, LLC application, allowing time for the applicant to address the identified design concerns and for additional public engagement to occur before the item returns to the Commission for future consideration.

*Note: Specific transcript timestamps were not available in the provided source materials for this contested item.*

PLN-MAR-22-00016: REALTY UNLIMITED BLUEGRASS, LLC

10:00

The Commission considered a petition by Realty Unlimited Bluegrass, LLC for a zone map amendment from Single Family Residential (R-1C) to Townhouse Residential (R-1T) for property located at 940 Higbee Mill Road.

Daniel Crumb presented the case to the Commission. The applicant was also present to address questions regarding the proposed rezoning request.

The application encountered unresolved issues that prevented the Commission from moving forward with consideration at this meeting. The specific nature of these outstanding issues was not detailed in the available materials, but they were significant enough to warrant postponement rather than proceeding with the scheduled review.

The Commission ultimately decided to postpone the application rather than take action on the zone map amendment request. This postponement allows additional time for the applicant and staff to address the identified concerns before bringing the matter back before the Commission for consideration.

The proposed rezoning would have changed the zoning classification from R-1C, which permits single-family residential development, to R-1T, which allows for townhouse residential development. This type of zone change typically involves considerations of density, compatibility with surrounding land uses, and compliance with comprehensive planning goals.

No final action was taken on PLN-MAR-22-00016 during this meeting due to the postponement.

PLN-MAR-24-00016: L.O.P.1, LTD

2:00:00

The Commission reviewed a petition for a zone map amendment from L.O.P.1, LTD requesting to change the zoning classification for property located at 223 E Seventh Street from Neighborhood Business (B-1) to Planned Neighborhood Residential (R-3).

Key speakers during the discussion included Daniel Crumb and Dick Murphy, who presented information regarding the proposed zoning change. The petition sought to reclassify the property to allow for planned neighborhood residential development rather than the current neighborhood business designation.

The Commission considered the merits of converting the commercial zoning to residential use at this location. The discussion focused on the appropriateness of the proposed R-3 zoning for the specific property and its compatibility with the surrounding area.

Following deliberation, the Commission approved the zone map amendment, allowing the property at 223 E Seventh Street to be rezoned from B-1 (Neighborhood Business) to R-3 (Planned Neighborhood Residential). This approval enables L.O.P.1, LTD to proceed with planned residential development on the site rather than commercial use.

The successful petition represents a shift from commercial to residential zoning for this East Seventh Street property, reflecting the Commission's determination that the R-3 classification is appropriate for the location and consistent with planning objectives for the area.

PLN-ZOTA-24-00006: REVISIONS TO ARTICLE 23A-10 FOR THE ECONOMIC DEVELOPMENT (ED)

3:00:00

The Commission addressed agenda item II.a regarding proposed text amendments to modify the Economic Development (ED) zone under case number PLN-ZOTA-24-00006. Daniel Crumb served as the key speaker for this item.

However, no substantive updates or presentation materials were provided to the Commission at this meeting. The item was scheduled for discussion but lacked the necessary information or documentation to proceed with meaningful deliberation on the proposed revisions to Article 23A-10.

Due to the absence of updates or supporting materials, the Commission deferred action on this zoning text amendment. The item will need to be rescheduled for a future meeting when staff can provide the appropriate documentation and analysis of the proposed changes to the Economic Development zone regulations.

The deferral means that any potential modifications to the ED zone's permitted uses, development standards, or other regulatory provisions will remain pending until the item returns to the Commission with complete information for review and consideration.