Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on November 18, 2010, at 1:30 p.m. in the Council Chamber, 2nd Floor LFUCG Government Center, located at 200 East Main Street in Lexington, Kentucky. Carolyn Richardson presided over the meeting. The Commission addressed 11 agenda items, taking 11 motions and votes, and heard 6 public comments during the session.

The Commission approved nine development and zoning-related proposals, including final subdivision plans for the Clark Property (Units 2-C, 2-D, 2-E), development plans for the L.T. Ruth Property (DP 2010-46), Lexington Plaza (DP 2010-70), Maple Leaf Subdivision (ZDP 2010-64), and the Waller Property (ZDP 2010-49). The Commission also approved a staff item for Bluegrass Executive Park (Plan 2010-115F) and three zoning-related matters: a zoning change for Carmike Cinemas (MAR 2010-11), a zoning change for James Waller (MAR 2010-9), and a zoning change for Phi Gamma Delta House (MARCV 2010-12) along with its corresponding development plan (ZDP 2010-63). All nine substantive proposals were approved. The meeting concluded with an informational presentation on the Courthouse Area Design Review Board Annual Report.

Attendance

Present: - Eunice Beatty - Carla Blanton - Patrick Brewer - Mike Cravens - Mike Owens - Derek Paulsen - Carolyn Richardson - Lynn Roche-Phillips - William Wilson

Absent: - Marie Copeland - Ed Holmes

Late: None reported

Votes and Decisions

The meeting included eleven votes, all of which passed by voice vote.

Minutes Approval [0:33:26] The minutes from October 28, 2010 were approved on a motion by Mike Owens, seconded by Mike Cravens.

Development Plans and Zoning Changes

Plan 2010-119F, 2010-120F, and 2010-121F (Clark Property, Units 2-C, 2-D, 2-E) was approved with revised conditions on a motion by Mike Cravens, seconded by Patrick Brewer [0:47:59]. Conditions included amending Condition 11 to remove pedestrian access easement on Units 2-C and 2-D, requiring fencing style review by the Division of Police and lot reorientation on Unit 2-E, and clarifying non-buildable areas versus easements for maintenance purposes.

DP 2010-46 (L.T. Ruth Property, amended) was approved on a motion by Mike Owens, seconded by Derek Paulsen [0:55:51]. Conditions required correcting Planning Commission certification, obtaining KYDOT approval for proposed access to Newtown Pike, revising building envelope setback to 62 feet, and closing the existing access point on Newtown Pike.

DP 2010-70 (Lexington Plaza, amended) was approved on a motion by Patrick Brewer, seconded by Derek Paulsen [1:15:00]. Conditions included adding floodplain and easement information, requiring 38 parking spaces, and adding brick pillars and additional trees.

Plan 2010-115F (Bluegrass Executive Park, amended) was approved on a motion by Lynn Roche-Phillips, seconded by Patrick Brewer [1:23:13]. Conditions included deleting references to Lot 7 and the zone change requirement, and allowing consolidation plat for a portion of Lot 4.

Zoning Changes

MAR 2010-11: Zoning change from B-1 to B-6P for Carmike Cinemas, Inc. at 3151 Maple Leaf Drive was approved on a motion by Lynn Roche-Phillips, seconded by Mike Owens [1:38:10].

MAR 2010-9: Zoning change from R1C to B4 for James Waller at 1528 North Limestone was approved on a motion by Patrick Brewer, seconded by Lynn Roche-Phillips [3:26:14]. Conditions restricted outdoor music and unshielded lighting, required a 50-foot landscape buffer, and specified allowed uses.

MARCV 2010-12: Zoning change from R2 to R3 for Phi Gamma Delta House Corporation at 578 Woodland and 505 Columbia was approved on a motion by Derek Paulsen, seconded by Patrick Brewer [4:31:14]. Conditions limited on-site residents to four and required LEED Platinum certification.

Subdivision and Development Plan Approvals

ZDP 2010-64 (Maple Leaf Subdivision Unit 1, Lot 4) was approved on a motion by Betty, seconded by Mike Owens [1:38:43].

ZDP 2010-49 (Waller property preliminary development plan) was approved on a motion by Furr, seconded by Lynn Roche-Phillips [3:26:47]. Parking was corrected from 38 to 41 spaces.

ZDP 2010-63 (Phi Gamma Delta House preliminary development plan) was approved on a motion by Derek Paulson, seconded by Mike Beatty [4:35:01]. Conditions limited on-site residents to four and required LEED Platinum certification.

Public Comment

Support for Waller Property Development

Jim McLaughlin, a resident and student, spoke in support of the B4 zone change 2:37:47. He stated that the development would provide local job opportunities and improve the neighborhood, particularly benefiting those without transportation.

Sandra McNeese, a resident, also supported the development 2:38:51. She expressed the belief that the project would improve the area's appearance and create additional jobs, making the North Limestone corridor look better.

Opposition to Phi Gamma Delta Fraternity House

Janet Cowan, a neighbor, opposed the fraternity house project 4:07:28. Her concerns included traffic congestion, stormwater issues, loss of historic homes, and noise from events.

Mark Barker, a resident, also opposed the project 4:11:48. He raised concerns about increased density, inadequate parking, stormwater problems, and the potential precedent the development might set for future projects in the area.

Joshua England, representing Christian Student Fellowship, expressed concern specifically about parking 4:15:38. He noted that the area already experiences difficulty finding parking for events.

Ted Cowan, a resident, opposed the project 4:16:09. He feared the development would establish a precedent for additional fraternity houses in the neighborhood and expressed concern about the loss of a historic home.

Appointments

The following changes to the Planning Commission were noted:

• Joan Whitman resigned from the Planning Commission
• Frank Penn resigned from the Planning Commission

Contested Items

The November 18, 2010 meeting included two significant contested items that generated substantial debate.

Zoning change for Waller property (MAR 2010-9)

A proposal to rezone the Waller property from R1C to B4 generated heated discussion among Commission members. The core disagreement centered on three issues: compatibility with the comprehensive plan, potential neighborhood impact, and economic feasibility of the proposed change. Staff initially recommended disapproval of the rezoning request. Despite this recommendation, the Commission ultimately voted to approve the proposal, but with strong conditional restrictions attached to the approval.

Phi Gamma Delta fraternity house (MARCV 2010-12)

The proposed Phi Gamma Delta fraternity house drew strong community opposition. Neighbors raised multiple concerns about the project, including traffic impacts, parking availability, stormwater management, and the loss of historic homes in the area. The debate revealed underlying tensions between the need for student housing and the desire to preserve the residential character of the neighborhood. The contested nature of this item reflected the difficulty of balancing competing community interests and development pressures.

Final Subdivision Plans: Clark Property, Units 2-C, 2-D, 2-E

34:53

The Planning Commission reviewed and approved three final subdivision plans for the Clark Property covering Units 2-C, 2-D, and 2-E. The discussion involved key speakers Bill Sallee and Richard Murphy, who addressed modifications to the original proposal.

The revised plans incorporated several condition changes focused on improving site design and connectivity. Specific modifications included:

• Pedestrian access easements
• Lot reorientation adjustments
• Designation and treatment of non-buildable areas

Staff and the applicant worked collaboratively to refine the proposal, with particular attention to greenway connectivity improvements. These modifications were designed to enhance pedestrian access and environmental integration across the three units.

Police concerns were also raised during the review process. The applicant and staff reached agreement on modifications to address these concerns, though the specific nature of the police department's initial issues was not detailed in the discussion.

The Planning Commission voted to approve the final subdivision plans with the revised conditions in place. The approval reflects the successful resolution of the various concerns and the applicant's willingness to incorporate the requested modifications into the final design.

Development Plan: L.T. Ruth Property (DP 2010-46)

The Commission discussed and approved an amended development plan for the L.T. Ruth Property during this agenda item 49:13.

Project Overview

The proposal involved a 60,000 square foot building to be located on Newtown Pike.

Key Participants

Chris Taylor and Jihad Hallany were the primary speakers during this discussion.

Conditions and Requirements

The Commission approved the amended development plan with several conditions:

• Kentucky Department of Transportation (KYDOT) approval was required
• Setback adjustments were necessary to meet zoning requirements
• Access closure was mandated as part of the approval

Discussion and Revisions

Staff and the applicant worked through revisions during the meeting to address traffic and zoning requirements. The parties reached agreement on the modifications needed to bring the project into compliance with applicable standards.

Outcome

The Commission approved the amended development plan for the L.T. Ruth Property with the conditions noted above.

Development Plan: Lexington Plaza (DP 2010-70)

The Commission discussed and approved a revised development plan for a vehicle sales facility located at the corner of North Limestone and New Circle Road 57:21.

Key Participants

Tom Martin and Bruce Simpson were the primary speakers during this agenda item.

Presentation and Discussion

The revised development plan for Lexington Plaza was presented to the Commission for consideration. The proposal involves a vehicle sales facility at a prominent intersection in the city.

Conditions and Requirements

The Commission's approval included several conditions that the applicant must address:

• Gateway improvements at the site
• Streetscape details and enhancements
• Parking corrections to meet requirements

Concerns Addressed

Staff and the applicant discussed and agreed to address access and design concerns related to the development. These discussions ensured that the project would meet the Commission's standards for the location.

Outcome

The Commission approved the revised development plan for Lexington Plaza (DP 2010-70), contingent upon the applicant's compliance with the specified conditions regarding gateway improvements, streetscape details, and parking corrections.

Staff Item: Bluegrass Executive Park (Plan 2010-115F)

1:16:05

The Commission discussed and approved a revised plat for Bluegrass Executive Park. Bill Sallee and Rory Cayley presented the item to the Commission.

The revised plat was designed to facilitate a property acquisition. The Commission approved the plat with specific conditions that modified the original plan:

• Removal of references to Lot 7
• Deletion of a zone change requirement

The changes were characterized as temporary measures to accommodate a real estate transfer. The Commission approved the revised plat as presented.

Zoning Change: Carmike Cinemas (MAR 2010-11)

1:27:12

The Commission considered a zoning change request for a movie theater site, with the proposal to rezone the property from B-1 to B-6P zoning classification. This change would eliminate a conditional use restriction currently applied to the site.

Key Speakers and Presentation

Tracy White and Jim Hodge presented on this agenda item, discussing the merits and implications of the proposed zoning change.

Staff and Applicant Position

Both staff and the applicant agreed that the zoning change aligns with the comprehensive plan and would support mixed-use development at the site. The change from B-1 to B-6P was presented as consistent with the community's planning goals.

Outcome

The Commission approved the zoning change for the Carmike Cinemas site. The approval allows the property to transition to B-6P zoning, removing the conditional use restriction and facilitating the proposed development.

Development Plan: Maple Leaf Subdivision (ZDP 2010-64)

1:34:05

The Commission discussed and approved a revised development plan for the Maple Leaf Subdivision (ZDP 2010-64). Tracy White presented the item to the Commission.

The Commission approved the revised development plan subject to eight conditions:

• Floodplain compliance requirements
• Buildable area corrections
• Access coordination with KYDOT (Kentucky Department of Transportation)
• Additional conditions as specified in the approval

The outcome of this agenda item was approval of the development plan with the stated conditions.

Zoning Change: James Waller (MAR 2010-9)

1:41:08

The Commission considered a zoning change request from R1C to B4 for a warehouse and office development on North Limestone. Key speakers included Tracy White, Bruce Simpson, and Jim Waller.

The discussion proved contentious, with staff initially recommending disapproval of the zoning change. However, the Commission ultimately approved the request, contingent upon conditional zoning restrictions designed to mitigate potential impacts on the surrounding area.

The conditional zoning restrictions imposed as part of the approval addressed three primary concerns:

• Noise limitations
• Traffic management
• Visual impact mitigation

The approval reflected the Commission's determination that the proposed warehouse and office development could proceed with these protective conditions in place, despite the initial staff recommendation against the change. The conditional restrictions were intended to balance the applicant's development goals with community protection measures.

Development Plan: Waller Property (ZDP 2010-49)

The Commission discussed and approved a preliminary development plan for the Waller property (ZDP 2010-49) 1:53:50.

Key Speakers

Tom Martin and Bruce Simpson led the discussion on this agenda item.

Plan Details and Approval

The Commission approved the preliminary development plan with 14 conditions. The plan had been revised to address stormwater and design concerns raised during the review process.

Conditions of Approval

The approval included the following requirements:

• A 50-foot buffer
• Gateway enhancements
• Facade requirements

Outcome

The development plan was approved with the 14 conditions specified by the Commission.

Zoning Change: Phi Gamma Delta House (MARCV 2010-12)

3:30:17

The Commission considered and approved a zoning change request for the Phi Gamma Delta House, designated as MARCV 2010-12. The proposal involved rezoning the property from R2 to R3 zoning classification.

Key Speakers

The discussion included remarks from Tracy Wade, Ben Simmons, and Mr. Lear.

Outcome

The Commission approved the zoning change along with conditional use and variance approvals. The approval included several specific conditions designed to address operational and neighborhood impact concerns:

• Four-person occupancy limit
• Alcohol-free operation requirement
• Green buffer requirements

These conditions were established as part of the conditional use and variance approvals granted with the zoning change.

Development Plan: Phi Gamma Delta House (ZDP 2010-63)

4:32:22

The Commission discussed and approved a preliminary development plan for the Phi Gamma Delta fraternity house, identified as ZDP 2010-63.

Key Speakers

Tom Martin and Ben Simmons led the discussion on this agenda item.

Action Taken

The Commission approved the preliminary development plan subject to seven conditions. The plan underwent modifications to address concerns related to parking and design elements.

Conditions of Approval

The approval included a revised open space waiver and use restrictions as conditions of the development plan.

Outcome

The development plan was approved with the specified conditions in place.

Presentation: Courthouse Area Design Review Board Annual Report

Billy Van Pelt presented the annual report of the Courthouse Area Design Review Board 4:36:03. The presentation highlighted the board's activities and accomplishments in overseeing design standards and improvements within the downtown Lexington courthouse area.

The report covered the board's approvals and the design improvements that resulted from their review process. Van Pelt also discussed the board's community engagement efforts, demonstrating how the Design Review Board has worked to involve stakeholders in the courthouse area's development and enhancement.

This was an informational presentation with no formal action required. The report provided an overview of the board's work during the reporting period and its ongoing role in maintaining design quality and community standards in the downtown courthouse district.