Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission convened on July 22, 2010, at 1:34 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 8 agenda items spanning zoning map amendments, development plans, a variance, and a text amendment initiation. Of the items considered, 7 were approved and 1 — the MAP Property Management Zoning Map Amendment — was postponed. Over the course of the meeting, 8 motions and votes were taken and 2 public comments were heard.

Attendance

Present: - Patrick Brewer - Mike Cravens - Ed Holmes - Mike Owens - Carolyn Richardson - William Wilson

Absent: - Marie Copeland - Derek Paulsen - Lynn Roche-Phillips

Six members were present at the July 22, 2010 Commission meeting. Three members — Marie Copeland, Derek Paulsen, and Lynn Roche-Phillips — were absent. No members were recorded as late.

Votes and Decisions

The Commission took eight votes during the July 22, 2010 meeting, all of which passed unanimously 6-0 by voice vote. All six members — Patrick Brewer, Mike Cravens, Ed Holmes, Mike Owens, Carolyn Richardson, and William Wilson — voted in favor on each item.

• Minutes Approval 9:52: Mike Owens moved, seconded by Mike Cravens, to approve minutes from the May 13, June 10, June 24, and July 8, 2010 meetings. The motion passed with a correction to the June 24 minutes as noted by Mr. Owens.

• MAR 2010-3 — Postponement 11:43: Mike Owens moved, seconded by Patrick Brewer, to postpone the MAP Property Management Zoning Map Amendment and Walnut Hill Subdivision Zoning Development Plan to August 26, 2010. The motion passed unanimously.

• MARC 2010-2 — Brighton Animal Clinic 28:29: Patrick Brewer moved, seconded by Ed Holmes, to approve the Brighton Animal Clinic Zoning Map Amendment and Conditional Use, subject to four conditions as recommended by staff. The motion passed unanimously.

• ZDP 2010-36 — Man O' War Development Plan 29:35: Patrick Brewer moved, seconded by Ed Holmes, to approve the Man O' War Development Plan subject to the first 16 conditions, with condition #17 deleted. The motion passed unanimously.

• MAR 2010-4 — Virginia Bates Zoning Map Amendment 1:34:22: Mike Owens moved to approve the Virginia Bates Zoning Map Amendment. The motion passed unanimously.

• MARV 2010-4 — Virginia Bates Variance 1:35:24: Mike Owens moved to approve the Virginia Bates Variance with item E deleted from the recommendations of approval. The motion passed unanimously.

• ZDP 2010-34 — H. Howard & Carolyn Lee Thomas Property Development Plan 1:37:32: Mike Owens moved to approve the development plan with conditions 12 and 14 deleted, condition 13 resolved, and additions requiring removal of concrete block walls and noting conditional zoning restrictions. The motion passed unanimously.

• Text Amendment Initiation — Transit Stop Parking Reductions 1:40:44: The Commission voted to initiate a text amendment regarding allowable transit stop parking reductions. The motion passed unanimously.

Public Comment

Two members of the public addressed the Commission during the public comment period, both speaking in opposition to the Virginia Bates Zoning Map Amendment.

• Eleanor Leonard 1:13:26 spoke against the proposed zoning map amendment, raising concerns about the potential impact of a tattoo and piercing business on the surrounding area. Leonard characterized the neighborhood as family-oriented and emphasized the business's proximity to schools as a significant concern.

• Karen Criccio 1:19:20 also spoke in opposition to the Virginia Bates Zoning Map Amendment, focusing specifically on the accessibility of the proposed tattoo and piercing business to children in the neighborhood.

Both speakers shared a common concern regarding the appropriateness of the proposed business type within the context of the surrounding residential and family-oriented community.

Contested Items

• Virginia Bates Zoning Map Amendment: This item drew community opposition centered on concerns about the nature of a proposed tattoo and piercing business and its potential impact on the surrounding neighborhood. Community members raised objections specifically regarding the business's proximity to schools, expressing worry about the appropriateness of such an establishment in that location. The record does not indicate the specific parties beyond community members who voiced these concerns, and no outcome information is available in the provided data. [timestamp: not available]

Approval of Minutes

9:52

The Commission took up the approval of minutes from previous meetings. Mike Owens participated in the discussion, during which a correction was noted to the minutes from the June 24 meeting. The Commission reviewed the correction and discussed the minutes accordingly.

Following the discussion, the Commission approved the minutes.

Postponement of MAP Property Management Zoning Map Amendment

Agenda Item: MAR 2010-3 11:43

The Commission took up agenda item MAR 2010-3, concerning a zoning map amendment requested by MAP Property Management. Rather than proceeding with a full hearing on the merits of the amendment, the discussion centered on whether to postpone consideration of the item to a subsequent meeting.

• Chris Westover was the key speaker on this item, presenting the case for postponement to the Commission.
• Following the discussion, the Commission voted to approve the postponement, deferring the MAP Property Management zoning map amendment to the next scheduled meeting.

No substantive debate on the underlying zoning map amendment itself was recorded as part of this agenda item, as the sole matter before the Commission was the procedural question of postponement.

Brighton Animal Clinic Zoning Map Amendment

28:29

The Commission took up agenda item MARC 2010-2, a proposed ordinance to amend the zoning map for Brighton Animal Clinic.

The item involved a request to rezone the Brighton Animal Clinic property from B-5P to B-1, accompanied by a conditional use permit for the operation of a small animal clinic. Nick Nicholson was the key speaker on this item.

The Commission approved both the zoning map amendment and the associated conditional use permit.

Man O' War Development Plan

29:35

The Commission took up agenda item ZDP 2010-36, a proposed ordinance concerning the development plan for Man O' War.

Tom Martin was the key speaker on this item. The Commission considered the development plan along with a set of accompanying conditions. A notable point of discussion involved condition #17, which the Commission agreed to delete from the plan's requirements before moving forward.

The Commission ultimately approved the Man O' War Development Plan, subject to the stated conditions and with the deletion of condition #17.

Virginia Bates Zoning Map Amendment

Agenda Item: MAR 2010-4 1:34:22

The Commission took up the Virginia Bates Zoning Map Amendment, a proposed ordinance to rezone a parcel from I-1 (industrial) to B-3 (business) zoning classification.

Presentation and Discussion

Dick Murphy was the key speaker on this agenda item. The proposal sought to change the zoning designation for the Virginia Bates property, moving it from an industrial classification to a business classification.

Conditions

The Commission's approval came with conditions attached, specifically to prohibit certain uses on the property. The record does not detail which specific uses were prohibited, but the inclusion of these restrictions indicates the Commission had concerns about ensuring the rezoned parcel would be used in a manner compatible with the surrounding area.

Outcome

The Commission approved the zoning map amendment for the Virginia Bates property, rezoning it from I-1 to B-3 with the aforementioned conditions prohibiting certain uses.

Virginia Bates Variance

Agenda Item: MARV 2010-4 1:35:24

The Commission took up agenda item MARV 2010-4, a variance request submitted by Virginia Bates. Bill Sallee was the key speaker presenting on this item.

The variance sought to reduce the required perimeter property screening, which represents a deviation from the standard screening requirements established under the applicable ordinance. Perimeter property screening requirements are typically intended to provide buffers between properties or land uses, and a variance of this type requires Commission approval when a property owner seeks relief from those standards.

Following the presentation and any associated discussion, the Commission voted to approve the variance request, granting Virginia Bates the reduction in required perimeter property screening as requested.

*Note: The available record for this agenda item is limited. Specific details regarding the property location, the extent of the screening reduction requested, any conditions attached to the approval, and the full substance of any debate or concerns raised during the discussion are not reflected in the available data for this item.*

H. Howard & Carolyn Lee Thomas Property Development Plan

Agenda Item: ZDP 2010-34 1:37:32

The Commission took up agenda item ZDP 2010-34, the development plan for the H. Howard & Carolyn Lee Thomas Property. Traci Wade was the key speaker presenting on this item.

The Commission reviewed and discussed the proposed development plan, which included specific conditions attached to the approval. Notably, the removal of concrete block walls was identified as a required condition of the plan's approval.

Outcome: The Commission approved the development plan for the H. Howard & Carolyn Lee Thomas Property, subject to the condition requiring the removal of the concrete block walls.

Initiation of Text Amendment for Allowable Transit Stop Parking Reductions

1:40:44

The Commission took up the initiation of a text amendment that would allow consideration of parking reductions for developments that install park and ride lots. Bill Sallee presented the item to the Commission.

The proposed text amendment, if ultimately adopted, would provide a mechanism for developments to receive a reduction in required parking in exchange for incorporating park and ride facilities into their projects. The initiation of the amendment represents the first formal step in the process of amending the relevant ordinance language.

The Commission approved the initiation of the text amendment, moving the proposal forward for further consideration and review.