Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission convened on January 28, 2010, at 1:30 PM in the Council Chamber on the 2nd Floor of the LFUCG Government Center, located at 200 East Main Street, Lexington, Kentucky, with Carolyn Richardson presiding. The meeting addressed 5 agenda items, including the approval of minutes, a zoning map amendment, requested variances, and a development plan. Over the course of the meeting, 4 motions and votes were taken and 1 public comment was heard. The Commission approved the Zoning Map Amendment, Requested Variances, and Development Plan for RAS LAND, INC. and RAS PROPERTY, while postponing action on the Zoning Map Amendment for WWM, LLC; AUSBROOK POLO, LLC & POLO I, LLC.

Attendance

Nine of the eleven Commission members were present at the January 28, 2010 meeting, with two members absent.

Present: - Carolyn Richardson - Patrick Brewer - Marie Copeland *(arrived late)* - Mike Cravens - Ed Holmes - Mike Owens - Lynn Roche-Phillips - Joan Whitman - William Wilson

Absent: - Derek Paulsen - Frank Penn

Marie Copeland was noted as present but arrived late to the meeting. Derek Paulsen and Frank Penn were the two members who did not attend.

Votes and Decisions

Four votes were taken during the January 28, 2010 Commission meeting.

• MAR 2009-17 — Postponement (WWM, LLC; Ausbrook Polo, LLC & Polo I, LLC): Lynn Roche-Phillips moved to postpone the zoning map amendment for WWM, LLC; Ausbrook Polo, LLC & Polo I, LLC, seconded by Joan Whitman. The motion passed 8–0 by voice vote. 7:15

• MARV 2009-14 — Zoning Map Amendment (RAS Land, Inc.): Ed Holmes moved to approve the zoning map amendment for RAS Land, Inc., seconded by Patrick Brewer. The motion passed 9–0 by voice vote. Voting in favor were Carolyn Richardson, Patrick Brewer, Marie Copeland, Mike Cravens, Ed Holmes, Mike Owens, Lynn Roche-Phillips, Joan Whitman, and William Wilson. 36:49

• Variances (RAS Land, Inc.): Mike Owens moved to approve the requested variances for RAS Land, Inc., seconded by Joan Whitman. The motion passed 9–0 by voice vote, subject to four conditions as listed on the agenda. Voting in favor were Carolyn Richardson, Patrick Brewer, Marie Copeland, Mike Cravens, Ed Holmes, Mike Owens, Lynn Roche-Phillips, Joan Whitman, and William Wilson. 37:23

• ZDP 2009-76 — Development Plan (RAS Property): Joan Whitman moved to approve the development plan for RAS Property, seconded by Mike Owens. The motion passed 9–0 by voice vote, subject to nine conditions as listed in the staff's revised recommendation. Voting in favor were Carolyn Richardson, Patrick Brewer, Marie Copeland, Mike Cravens, Ed Holmes, Mike Owens, Lynn Roche-Phillips, Joan Whitman, and William Wilson. 38:37

No nays or abstentions were recorded on any of the four votes.

Public Comment

One member of the public addressed the Commission during the public comment period.

• Peter Cassidy, president of the Historic South Hill Neighborhood Association, spoke in support of the RAS LAND, INC. zoning amendment. Cassidy expressed the neighborhood association's approval of the proposed amendment, noting appreciation for the petitioner's cooperation with the neighborhood throughout the process. 35:08

No additional public comments were recorded for this meeting.

Approval of Minutes

6:04

The Commission reviewed the minutes from its December 17, 2009 meeting. Carolyn Richardson addressed this agenda item, and the minutes were considered without any additions or corrections being raised. The Commission approved the minutes as presented.

Postponement of Zoning Map Amendment for WWM, LLC; AUSBROOK POLO, LLC & POLO I, LLC

Agenda Item: MAR 2009-17 7:15

The Commission took up the matter of a zoning map amendment request associated with properties located at 2950 Winchester Road, submitted on behalf of WWM, LLC; Ausbrook Polo, LLC; and Polo I, LLC.

• Key Speaker: Rena Wiseman addressed the Commission regarding this item.
• The discussion centered on a request to postpone consideration of the zoning map amendment for a period of one month, rather than proceeding with a substantive review of the amendment at this meeting.
• No detailed debate on the merits of the underlying zoning map amendment itself was recorded as part of this agenda item, as the focus was solely on the procedural question of postponement.

Outcome: The Commission approved the one-month postponement of the zoning map amendment request for the properties at 2950 Winchester Road. The item will return before the Commission at a subsequent meeting following the postponement period.

Zoning Map Amendment for RAS LAND, INC.

Agenda Item: MARV 2009-14 36:49

The Commission took up a zoning map amendment request submitted by RAS LAND, INC. for property located at 333 South Upper Street. The proposal sought to rezone the parcel from a Two-Family Residential (R-2) zone to a High Rise Apartment (R-5) zone.

• Key Speaker: Traci Wade presented on this agenda item.
• Outcome: The Commission approved the zoning map amendment.

The amendment, designated MARV 2009-14, was considered as an ordinance. The rezoning would allow for higher-density residential development at the 333 South Upper Street property, transitioning it from a designation permitting two-family residential use to one that accommodates high-rise apartment development under the R-5 classification.

Requested Variances for RAS LAND, INC.

37:23

The Commission took up the matter of requested variances for RAS LAND, INC. concerning the property located at 333 South Upper Street. Jimmy Emmons was the key speaker during this agenda item.

The discussion centered on a proposal to reduce the required front yard setbacks for the subject property. The Commission considered the variance request and ultimately voted to approve the reductions to the front yard setback requirements as presented.

The item was approved by the Commission.

Development Plan for RAS PROPERTY

Agenda Item: ZDP 2009-76 38:37

The Commission took up agenda item ZDP 2009-76, a proposed ordinance concerning the preliminary development plan for the RAS Property. Tom Martin was the key speaker presenting and discussing this item before the Commission.

The Commission considered the preliminary development plan as submitted, with discussion focused on the proposal and any applicable conditions that would govern the development. The item was brought forward as an ordinance, indicating a formal regulatory action was required to authorize the development plan.

Following the presentation and discussion, the Commission approved the preliminary development plan for the RAS Property, subject to conditions. The approval with conditions reflects the Commission's standard practice of ensuring that development proceeds in accordance with specific requirements established during the review process.