Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on December 16, 2010, at 200 East Main Street in Lexington, Kentucky, under the direction of Madam Chair. The Commission considered ten agenda items, taking nine motions and votes during the session. Two members of the public provided comments during the meeting.

The Commission approved seven items, including a major amendment (MAR 2010-13) for Rooker Properties, LLC; a zoning development plan (ZDP 2010-75) for Bluegrass Executive Park, Unit 1-B, Block F, Lots 2 & 7; amendments to enhance landscaping and street tree regulations (ZOTA 2010-5 & SRA 2010-4); a plan amendment (PLAN 2010-100F) for NDC Property (Wellington), Unit 1-B, Section 2, Lots 19 & 20; a plan (PLAN 2010-106F) for Tuscany, Unit 6, Section 1, Lots 1 & 2; a development plan amendment (DP 2010-79) for NDC Property, Unit 1-B, Section 2, Lots 19, 20, 20A & 20B; an amendment to the Official Meeting and Filing Schedule for 2011; and a public facilities review (PFR 2010-6) for Clay's Mill Elementary School.

One item was postponed: the major amendment and conditional use variance (MARCV 2010-14) for the Iota Nu House Corporation of Alpha Phi International Fraternity, Inc. One item, the zoning development plan (ZDP 2010-80) for Lyndhurst Place, Block C, Lots 4 & 5, was presented for informational purposes.

Attendance

The following individuals were present at the meeting on December 16, 2010:

• Mr. Wilson
• Mr. Brewer
• Mr. Simpson
• Mr. Sally
• Mr. Owens
• Ms. Copeland
• Mr. Craven
• Mr. Holmes
• Ms. Flanton
• Ms. Phillips
• Mr. Martin
• Mr. Thomas
• Mr. Boggs
• Rory Cayley
• Tom Hatfield
• Tim Haymaker
• Mike Robinson
• Greg Musil
• Karen Angelusi
• Bill
• Tony Thomas
• Mrs. Racker

No members were recorded as absent or late.

Votes and Decisions

The meeting included nine motions, all of which passed or were postponed as follows:

Plan 2010-100F, NDC Property, Wellington 22:05 Motion by Mr. Craven, seconded by Mr. Brewer, to approve the plan with deletion of item 17. The motion passed by roll call vote.

DP 2010-79, NDC Property Unit 1B, Section 2 22:43 Motion by Mr. Craven, seconded by Mr. Brewer, to approve with 19 conditions. The motion passed by roll call vote.

Plan 2010-106F, Tuscany 34:48 Motion by Mr. Holmes, seconded by Mr. Cravens, to approve with the condition that no certificate of occupancy shall be issued for Lots 1 and 2 until public improvements are constructed in compliance with engineering manuals and accepted by the Division of Engineering. The motion passed by roll call vote.

MAR 2010-13, Rooker Properties, LLC 42:00 Motion by Mr. Owens, seconded by Ms. Flanton, to approve a zone change from B5P to P1. The motion passed by roll call vote.

ZDP 2010-75, Bluegrass Executive Park 42:38 Motion by Mr. Owens, seconded by Mr. Cravens, to approve with 10 requirements. The motion passed by roll call vote.

ZODA 2010-5 and SRA 2010-4 54:22 Motion by Ms. Copeland, seconded by Mr. Owens, to approve amendments to landscaping and street tree regulations. The motion passed by roll call vote.

PFR 2010-6, Clay's Mill Elementary School Renovation 1:05:24 Motion by Mr. Brewer, seconded by Mr. Owens, to approve with conditions requiring submission of a stormwater management plan to the Division of Engineering and removal of portable classrooms at termination of construction. The motion passed by roll call vote.

2011 Official Meeting and Filing Schedule Amendment 1:07:33 Motion by Ms. Phillips, seconded by Mr. Holmes, to amend the schedule to restore original filing deadlines for ND-1 overlay applications. The motion passed by roll call vote.

MARCV 2010-14, Iota Nu House Corporation of Alpha Phi International Fraternity, Inc. 8:57 Motion by Mr. Brewer, seconded by Mr. Wilson, to postpone for one month. The motion was postponed by roll call vote.

Public Comment

Ms. Copeland addressed the meeting with comments on tree preservation and urban forestry initiatives 51:10.

She proposed the creation of a tree exaction program designed to replace trees lost during development activities, with particular emphasis on urban areas. Ms. Copeland suggested using canopy area as the metric for determining replacement requirements and referenced successful models of this approach implemented in other cities.

Ms. Copeland also highlighted broader concerns about declining tree cover in Fayette County, attributing the loss to aging trees and insufficient maintenance efforts. She emphasized the need for a comprehensive strategy that extends beyond planting street trees, advocating instead for integrated tree protection and replacement policies to address the county's forestry challenges.

Contested Items

Tree Exaction Program

A heated discussion arose regarding the implementation of a tree exaction program. Ms. Copeland advocated for establishing this program as a mechanism to replace trees lost during development projects. She emphasized that the city's urban forest has been declining and highlighted the stormwater management benefits that trees provide to the community.

The discussion that followed explored various future policy options related to tree replacement and urban forest preservation, though the specific positions of other participants and the ultimate resolution of this disagreement are not detailed in the available meeting record.

MAR 2010-13: Rooker Properties, LLC

This agenda item addressed a request to rezone property located at 2241 Buena Vista Road from B5P to P1 zoning classification. The proposed rezoning would permit construction of a professional office building intended for use by the Social Security Administration.

Staff recommended approval of the rezoning request, contingent upon approval of a Zoning Development Plan (ZDP) within two weeks.

Key speakers on this item included Tracy and Greg Musil. 36:23

The request was approved.

ZDP 2010-75: Bluegrass Executive Park, Unit 1-B, Block F, Lots 2 & 7

40:56

This agenda item addressed a development plan for Bluegrass Executive Park, Unit 1-B, Block F, Lots 2 & 7. The proposal includes construction of a 44,000+ square foot office building with 270 parking spaces. Access to the development is proposed via Buena Vista and an adjacent easement.

Tracy presented the item to the body. Staff recommended approval of the development plan subject to 10 conditions.

The resolution was approved.

MARCV 2010-14: Iota Nu House Corporation of Alpha Phi International Fraternity, Inc.

This agenda item addressed a request for conditional use and dimensional variances submitted by Iota Nu House Corporation of Alpha Phi International Fraternity, Inc. 6:46

Bruce Simpson presented the matter to the board. The applicant requested a one-month postponement of the proceedings to allow time to amend the application and conduct meetings with neighborhood associations.

A motion to postpone was made and carried. The item was therefore postponed rather than decided on its merits at this meeting.

ZDP 2010-80: Lyndhurst Place, Block C, Lots 4 & 5

This agenda item concerning a zoning development proposal for Lyndhurst Place, Block C, Lots 4 & 5 was listed on the meeting agenda but was not addressed in the recorded transcript. No discussion, debate, or formal vote was documented for this item.

Based on the available record, this item appears to have been handled as part of a consent agenda or was otherwise not brought before the body for discussion during this meeting.

ZOTA 2010-5 & SRA 2010-4: Amendments to Enhance Landscaping and Street Tree Regulations

43:52

The council considered proposed amendments to zoning and subdivision regulations designed to improve street tree planting and protection requirements.

Presentation

Ms. Copeland presented the staff recommendation for approval of the amendments. The proposed changes included two key modifications to existing regulations:

• Removing the word "new" from street tree requirements to broaden the applicability of tree planting standards
• Allowing bonding of tree planting as an alternative compliance mechanism

Outcome

The amendments were approved by the council.

PLAN 2010-100F: NDC Property (Wellington), Unit 1-B, Section 2, Lots 19 & 20 (AMD)

This agenda item addressed a final subdivision plan for two lots located on Ruscio Way and Reynolds Road. 10:59

Presentation and Recommendation

Mr. Martin presented the subdivision plan to the body. Staff recommended approval of the plan with a specific modification: the deletion of item 17. This deletion was recommended based on the resolution of property line conflicts that had previously been identified.

Outcome

The plan was approved as recommended.

PLAN 2010-106F: Tuscany, Unit 6, Section 1, Lots 1 & 2

24:26

This agenda item concerned a record plat for two lots within the Tuscany development. The proposal included a requested waiver to allow bonding of public improvements for two separate developments—an elderly housing facility and a nursing home—under a single contractor.

Mr. Martin presented the item to the body. Staff recommended approval of the plat with a condition tied to the certificate of occupancy, establishing a requirement that must be satisfied before the developments could be occupied.

The resolution was approved.

DP 2010-79: NDC Property, Unit 1-B, Sec. 2, Lots 19, 20, 20A & 20B (AMD)

11:31

This agenda item addressed a development plan for NDC Property located in Unit 1-B, Section 2, covering Lots 19, 20, 20A, and 20B. The proposal was for the same property as Plan 2010-100F.

Mr. Martin presented the staff recommendation for approval of the development plan. Staff recommended approval subject to 19 conditions. Additionally, staff recommended the deletion of items 20 and 21 from the original proposal, as the conflicts these items addressed had been resolved.

The development plan was approved by the meeting body.

Commission Item: Amendment to Official Meeting and Filing Schedule for 2011

1:06:01

This agenda item addressed a proposed amendment to the official meeting and filing schedule for 2011, specifically concerning filing deadlines for ND-1 overlay applications.

Background and Proposal

The item sought to restore original filing deadlines for ND-1 overlay applications. According to staff, a prior change to these deadlines had not been properly implemented, necessitating this corrective amendment.

Key Speakers

• Ms. Phillips
• Mr. Holmes

Outcome

The commission approved the amendment to the official meeting and filing schedule for 2011. Staff had recommended approval of the proposed changes.

Commission Item: PFR 2010-6: Clay's Mill Elementary School Public Facilities Rev

57:08

The commission considered a public facilities review for renovations to Clay's Mill Elementary School. The project involves demolition of 5,700 square feet of existing structures and addition of 20,000 square feet of new construction.

Presentation and Recommendations

Staff members Mrs. Racker and Tony Thomas presented the proposal to the commission. The staff recommended approval of the project with two specific conditions:

• Submission of a stormwater management plan
• Removal of portable classrooms from the site

Outcome

The commission approved the public facilities review for Clay's Mill Elementary School renovation project.