Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on November 19, 2009, at 1:32 p.m. in the Council Chamber, 2nd Floor LFUCG Government Center, located at 200 East Main Street in Lexington, Kentucky. Frank Penn presided over the meeting, which included seven agenda items, ten motions and votes, and eighteen public comments.

The Commission addressed a range of planning and zoning matters. Four items were approved: the Lederer Property Amended Final Development Plan (GCL Properties), the Lexington Trots Breeders Association zoning map amendment to MU-3 Zone, the Oseetah LLC zoning map amendment to P-1 Zone, and two amendments to the city code—one addressing temporary signs under Article 17-6 and another to protect private family cemeteries. One item was postponed: the RAS Land, Inc. zoning map amendment to MU-1 Zone. The Westmorland Neighborhood ND-1 Neighborhood Design Character Overlay was withdrawn from consideration.

Attendance

Present: Patrick Brewer, Marie Copeland, Mike Cravens, Ed Holmes, Mike Owens, Derek Paulsen, Frank Penn, Carolyn Richardson, Lynn Roche-Phillips, and William Wilson.

Absent: Joan Whitman.

Late: Ed Holmes.

Votes and Decisions

The meeting included ten votes on zoning amendments, development plans, and ordinance changes. All votes were conducted by voice vote.

MAR 2009-14: RAS Land, Inc. Zoning Amendment 19:45 Motion by Mike Owens, seconded by Patrick Brewer. This proposal to change RAS Land, Inc.'s zoning from Two-Family Residential (R-2) to Mixed-Use: Neighborhood Node (MU-1) zone was postponed.

DP 2009-81: Lederer Property Development Plan 54:15 Motion by Marie Copeland, seconded by Mike Owens. The amended final development plan for GCL Properties at 312 N. Limestone and 135–139 E. Third Street passed. The approval included conditions requiring Urban County Engineer acceptance of drainage, storm and sanitary sewers with particular attention to drainage toward East Third Street and rain garden design impacts on the existing rock wall, and Urban Forester approval of the tree preservation plan.

MAR 2009-12: Lexington Trots Breeders Association Zoning Amendment 1:47:22 Motion by Mike Owens, seconded by Carolyn Richardson. The proposal to change Lexington Trots Breeders Association, LLC's zoning from A-U, B-4, and R-1C zones to MU-3 zone passed.

ZDP 2009-78: Red Mile Mixed-Use Development 1:47:55 Motion by Mike Paulson, seconded by Derek Paulsen. The preliminary development plan passed.

MAR 2009-13: Oseetah, LLC Zoning Amendment 2:16:17 Motion by Frank Penn, seconded by Mike Cravens. The proposal to change Oseetah, LLC's zoning from R-3 to P-1 zone passed, with a condition to denote conditional zoning restrictions.

ZDP 2009-77: Big Brothers/Big Sisters Property 2:17:10 Motion by Frank Penn, seconded by Mike Cravens. The preliminary development plan passed, with a condition to denote conditional zoning restrictions.

MAR 2009-11: Westmorland Neighborhood Design Character Overlay 3:56:06 Motion by Mike Cravens, seconded by Ed Holmes. The proposal to add Neighborhood Design Character Overlay (ND-1) zoning for the Westmorland neighborhood failed.

MAR 2009-11: Withdrawal of ND-1 Amendment 4:01:09 Motion by Mike Cravens, seconded by Ed Holmes. The withdrawal of the ND-1 zoning map amendment passed.

ZOTA 2009-8: Temporary Signs Amendment 4:13:01 Motion by Frank Penn, seconded by Mike Cravens. The amendment to Article 17-6 allowing temporary signs by neighborhood associations in rights-of-way passed, with modified wording requiring sign removal within two calendar days after event completion.

ZOTA 2009-9: Private Family Cemeteries Protection 4:26:45 Motion by Frank Penn, seconded by Mike Cravens. The amendment to protect private family cemeteries in zoning and subdivision regulations passed.

Public Comment

The meeting included public comments on two primary topics: concerns about the Lederer Property project's stormwater drainage design and support for or opposition to the ND-1 overlay in the Westmorland neighborhood.

Lederer Property Drainage Concerns

Three speakers raised concerns about the proposed rain garden's potential impact on a historic stone wall and trees on the property. John Morgan [0:33:28] expressed concern about stormwater drainage affecting the integrity of the historic stone wall and recommended a comprehensive evaluation of the rain garden design. Karen Angelucci [0:35:09] highlighted the significance of a 50-inch basswood tree and raised concerns about an omitted tree that may be affected by the rain garden. Marie Copeland [0:46:05] warned that the rain garden could damage the historic stone wall by affecting its foundation and toe, suggesting a structural engineer review and alternative drainage solutions.

ND-1 Overlay Debate

The majority of comments addressed the proposed ND-1 overlay for Westmorland. Bill Allen [2:34:32] stated the neighborhood has overwhelming support for the overlay to preserve its open, park-like character. However, Adrian Mendionda [2:55:37] argued the public notice was insufficient and that the overlay would inappropriately allow the city to enforce private deed restrictions.

Supporters including Ben Harper [3:01:54], Lillian Press [3:08:34], Ann Bolton [3:19:56], Sid Webb [3:22:37], and David Clardy [3:31:48] emphasized that the neighborhood association lacks resources to enforce deed restrictions and needs city assistance.

Opponents raised concerns about government overreach and property rights. Chip Crawford [3:04:01] warned the overlay sets a dangerous precedent for government involvement in private agreements. Ted Levering [3:11:15] expressed concern about trampling individual property rights. Harold Stills [3:18:21] objected to specific restrictions like the 100% brick or stone requirement and no-fence rule as overly restrictive.

Valerie Stills [3:25:19] and Jan Rail [3:25:51] requested reconsideration of the ND-1 vote, citing changing opinions and suggesting a new survey. Bob Carpenter [3:34:37] explained the building inspection process would require either a COPA board recommendation or a design professional's statement for ND-1 applications.

Contested Items

The November 19, 2009 meeting included three significant areas of contention:

ND-1 Overlay for Westmorland Neighborhood

This proposal generated heated discussion regarding whether the city should enforce private deed restrictions in the Westmorland neighborhood. Supporters of the overlay argued it was necessary to preserve the neighborhood's character. Opponents, however, raised concerns about the precedent such enforcement would set and warned it could infringe on property rights.

Enforcement of Deed Restrictions

A procedural dispute emerged over whether the Planning Commission should serve as an enforcement mechanism for private covenants. Several commissioners expressed concern about potential overreach and the precedent that would be established by taking on this enforcement role.

Public Notice for ND-1 Hearing

One opponent challenged the adequacy of the public notice for the ND-1 hearing, arguing it failed to meet statutory requirements. City staff maintained that the notice was sufficient and met all necessary standards.

Lederer Property (GCL Properties) - Amended Final Development Plan

The Planning Commission reviewed an amended final development plan (DP 2009-81) for the Lederer Property located at 312 N. Limestone and 135–139 E. Third Street. The proposal involves a major addition to the Carrick House banquet facility.

Project Details

The plan includes stormwater management through a rain garden and modifications to the property's parking and access arrangements.

Key Concerns

Commission members raised two primary concerns during the review:

• Historic Stone Wall: The proposed rain garden's potential impact on a historic stone wall on the property
• Tree Preservation: The preservation of a 50-inch basswood tree

Speakers and Discussion

The agenda item involved presentations and discussion from Tom Martin, Rena Wiseman, John Morgan, Karen Angelucci, and Marie Copeland. 21:26

Outcome

The Planning Commission approved the amended final development plan with revised conditions. The approval incorporated modifications to address the concerns raised regarding the historic stone wall and the basswood tree preservation.

RAS Land, Inc. - Zoning Map Amendment to MU-1 Zone

The Planning Commission considered a zoning map amendment for RAS Land, Inc. to rezone a property located at 333 South Upper Street from R-2 to MU-1 zoning designation. 19:45

Key Participants

The discussion involved Planning Commission members Tony Barrett, Mike Owens, and Patrick Brewer.

Petitioner Request

RAS Land, Inc. requested a one-month postponement of the zoning amendment consideration. The petitioner cited concerns about the complexity of the proposed plan as the reason for seeking additional time before the Commission's review.

Commission Action

The Planning Commission voted to grant the postponement request. The zoning map amendment item was rescheduled for consideration at the December 17, 2009 meeting.

Outcome

The agenda item was postponed (MAR 2009-14).

Westmorland Neighborhood - ND-1 Neighborhood Design Character Overlay

The Planning Commission held a full public hearing on a proposed ND-1 (Neighborhood Design Character) overlay for the Westmorland neighborhood. The hearing included extensive public comment from both supporters and opponents of the proposal.

Key Concerns Raised

Several specific issues emerged during the discussion:

• Enforcement of deed restrictions within the overlay district
• A 100% brick requirement for structures
• A no-fence rule that would restrict property owners' ability to install fencing

Speakers and Participation

The hearing included testimony from multiple community members and commissioners, including Tracy Wade, Bill Allen, Adrian Mendionda, Ben Harper, Chip Crawford, Lillian Press, Ted Levering, Robert Riggs, Harold Stills, Ann Bolton, Sid Webb, Valerie Stills, Jan Rail, Donna Reardon, David Clardy, and Bob Carpenter.

Outcome

After debate on the proposal, the Planning Commission voted to fail the motion to approve the ND-1 overlay. Subsequently, the Commission passed a motion to withdraw the application entirely. The overlay was not adopted.

The full discussion lasted approximately 2 hours and 19 minutes.

Lexington Trots Breeders Association, LLC - Zoning Map Amendment to MU-3 Zone

The Planning Commission considered a zoning map amendment for the Lexington Trots Breeders Association, LLC to rezone approximately 62 acres located at 780, 790, and a portion of 1200 Red Mile Road. The properties were proposed to be rezoned from their current A-U (Agricultural-Urban), B-4 (Business), and R-1C (Residential) zones to MU-3 (Mixed-Use) zoning.

Proposal Details

The amendment supports a mixed-use development incorporating residential, commercial, and office components on the rezoned parcels.

Key Participants

The discussion involved Planning Commission members and staff including Tracy Wade, Tom Martin, Rob Hammons, Rhodes Brown, and Stan Harvey.

Commission Action

The Planning Commission approved the zoning map amendment. The Commission also approved the accompanying preliminary development plan with standard conditions applied to the project.

Outcome

The zoning map amendment was approved, allowing the Lexington Trots Breeders Association, LLC to proceed with the mixed-use development as proposed.

Oseetah, LLC - Zoning Map Amendment to P-1 Zone

The Planning Commission considered a zoning map amendment for Oseetah, LLC to rezone 2.22 acres located at 1122 Oak Hill Drive from R-3 (residential) to P-1 (office/research) zoning. The amendment would allow the reuse of the former Big Brothers/Big Sisters building for office and research purposes.

Key Speakers

The discussion involved Tracy Wade, Tony Barrett, Bruce Webb, and Jack Walker.

Proposal Details

The zoning change would convert the existing building on the property to accommodate office and research uses, representing a change in land use from residential to professional/institutional purposes.

Conditions and Protections

To address potential impacts on the surrounding residential neighborhood, the Planning Commission imposed conditional zoning restrictions as part of the approval. These conditions were designed to protect the character and quality of life in the adjacent residential areas.

Approvals

The Planning Commission approved both the zoning map amendment and the accompanying preliminary development plan for the property.

Outcome

The application was approved with conditions.

Amendment to Article 17-6 - Temporary Signs

The Planning Commission considered a text amendment to Article 17-6 regarding temporary signs, presented by Tracy Wade 4:03:20.

Proposal Overview

The amendment would allow neighborhood associations to place temporary signs in rights-of-way for events. The proposed regulations include the following restrictions:

• Maximum of 10 signs per event
• Size limit of 6 square feet per sign
• Signs must be removed within two calendar days after the event

Discussion and Support

The amendment was supported by the Commission for its potential to promote neighborhood engagement and community events. The proposal was viewed favorably as a way to facilitate communication about local activities while maintaining reasonable controls through specific limitations on quantity, size, and duration.

Outcome

The Planning Commission approved the amendment with a minor wording change. The text modification was made to clarify the language without substantively altering the proposal's intent or requirements.

Amendment to Protect Private Family Cemeteries

The Planning Commission considered ZOTA 2009-9, a text amendment designed to protect private family cemeteries from development and relocation 4:14:28.

Presentation and Key Requirements

Tracy Wade presented the amendment, which establishes protective measures for historic cemeteries. The proposed changes include:

• A 50-foot buffer requirement around private family cemeteries
• Mandatory fencing to demarcate cemetery boundaries
• Maintenance standards for cemetery upkeep
• Archaeological survey requirements

Rationale and Support

The amendment was presented as consistent with the Comprehensive Plan's goals for cultural heritage preservation. The protective measures are intended to preserve historic cemeteries from development pressures and prevent the relocation of burial sites.

Outcome

The Planning Commission approved the amendment.