Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on March 24, 2011, at 200 East Main St., Lexington, KY, under the presiding leadership of Madam Chair. During the meeting, the Commission considered eight agenda items and took eight motions and votes. The Commission heard four public comments from members of the public. The meeting resulted in six items being approved, one item being postponed, and one item being approved for initiation. Approved items included PLAN 2010-131P for the Hillenmeyer Property & DWS Property, PLAN 2005-196F for the Sharkey Property Unit 2-B, DP 2011-18 for James Motor Co. & Kathryn M. McBrayer Property, MARV 2011-5 for Fede LLC, requested variances, and ZDP 2011-20 for The Marquis Building. PLAN 2011-26F for Forest Park Addition was postponed. The Commission also approved the initiation of a zoning ordinance text amendment.

Attendance

The following individuals were present at the meeting on March 24, 2011:

• Mr. Owens
• Ms. Craven
• Mr. Paulson
• Mr. Salley
• Mr. Martin
• Mr. Cruz
• Ms. Bybee
• Ms. Sandin
• Ms. Phillips
• Ms. Copeland
• Mr. Brewer
• Mr. Cravens
• Ms. Beatty
• Ms. Wade
• Ms. Simmons
• Ms. White
• Ms. Jones
• Mr. Croydon
• Mr. Keeley
• Mr. Emmons
• Rena Wiseman
• Megan Naylor
• Mark Naylor
• Tara Pershing

No absences or late arrivals were recorded.

Votes and Decisions

The meeting included eight votes, all of which passed by roll call.

Plan 2010-131P – Approval of an amended preliminary subdivision plan for the Hillenmeyer and DWS properties, including a waiver for Sandersville Road curve radius and intersection angle, was moved by Mr. Croydon and seconded by Ms. Beatty 1:03:04. The approval includes conditions requiring developers to restore topsoil, seed, and straw affected areas, preserve trees in cemetery and adjacent buffer zones, and address tree protection and restoration in the final record plat.

Plan 2005-196F – Approval of a final record plat for Sharkey Property Unit 2B with revised easement and parking configuration was moved by Mr. Brewer and seconded by Mr. Cravens 1:14:21. The approval requires an easement release for sewer and detention basin, and certification of a minor plat or encroachment permit before building permit issuance.

DP 2010-23 – Approval of an amended development plan for Sharkey Property Unit 2B was moved by Mr. Brewer and seconded by Mr. Cravens 1:14:53, with the same conditions as Plan 2005-196F.

DP 2011-18 – Approval of an amended development plan for James Motor Company and Catherine M. McBrayer property was moved by Ms. Phillips and seconded by Mr. Owens 1:39:24. The approval includes 12 conditions addressing parking, landscaping, and tree preservation, with a sidewalk extension issue to be reviewed at final development plan submission.

MRV 2011-5 – Approval of a zone change from P1 to R5 for property at 407 Marquee Avenue was moved by Mr. Brewer and seconded by Ms. Phillips 2:15:44. Conditional zoning limits the property to a maximum of 17 units, 30 bedrooms, and 35-foot height, and prohibits extended stay hotels, incidental retail, and sorority/fraternity houses.

Variances for MARV 2011-5 – Approval of five variances was moved by Mr. Brewer and seconded by Ms. Beatty 2:16:16, reducing parking from 27 to 20 spaces, open space from 20% to 1%, and approving landscaping variances.

ZDP 2011-20 – Approval of a preliminary development plan for Marquee Building was moved by Mr. Brewer and seconded by Ms. Beatty 2:17:24, deleting condition 15 and substituting conditional zoning language.

Zoning Ordinance Text Amendment – Initiation of a text amendment to define catering use in B3/B4 zones was moved by Tara Pershing and seconded by Mr. Owens 2:28:20, scheduled for an April 28th hearing.

Public Comment

Four speakers addressed the meeting with comments on cemetery preservation, community engagement, housing accessibility, and infrastructure planning.

Cemetery Excavation and Preservation

Jamie Millard spoke in support of the developer's actions regarding cemetery excavation 42:04. He noted that the excavation was necessary and professionally conducted to identify grave boundaries, and commended the effort to preserve the cemetery despite initial concerns.

Family Communication and Cemetery Advocacy

Lisa Sandin represented the Payne family 46:08, emphasizing the lack of communication from Ball Homes. She requested better engagement with affected families while supporting the preservation efforts and the cultural resource analysis.

Housing Accessibility

Mark Naylor addressed the need for handicapped housing and praised the project's walkability 2:12:00. He expressed hope that churches or affordable housing groups could sponsor the development to ensure accessible housing options.

Infrastructure Concerns

Ms. Copeland raised concerns about deferring sidewalk extension to future development 1:24:09. She questioned whether future owners would be obligated to install the sidewalk and emphasized the need for immediate action rather than postponement.

Contested Items

The March 24, 2011 meeting included three significant areas of disagreement among commission members, the applicant, and community representatives.

Cemetery Excavation and Procedural Compliance

Commission members engaged in heated discussion regarding excavation work that had begun before the preliminary plan received approval. The commissioners questioned whether the applicant had proceeded appropriately and raised concerns about the lack of direct oversight from an archaeologist during the excavation process. The applicant defended the excavation as necessary for conducting site investigation and ensuring compliance with zoning requirements. This dispute centered on the proper sequencing of approvals and the adequacy of professional supervision during the work.

Sidewalk Extension and Future Obligations

A procedural dispute emerged over the applicant's proposal to defer sidewalk installation to a future development plan rather than completing it as part of the current project. Commission members debated whether this deferral was appropriate, expressing concern that future property owners might not be obligated to complete the sidewalk installation despite its public benefit. The disagreement reflected uncertainty about how to ensure that commitments made during the approval process would be binding on subsequent owners and developers.

Communication with the Payne Family

The representative of the Payne family, whose relatives are interred in the cemetery, expressed community opposition to the project based on inadequate communication from the developer. The family representative emphasized that the Payne family had not been meaningfully involved in decisions affecting the historic cemetery and stressed the importance of direct engagement with family members regarding the site. This concern highlighted the tension between the development approval process and the need for respectful communication with those who have personal and historical connections to the property.

PLAN 2010-131P: HILLENMEYER PROPERTY & DWS PROPERTY (A PORTION OF) (AMD)

13:26

The Commission reviewed an amended preliminary subdivision plan for the Hillenmeyer and DWS properties. Key participants in the discussion included Mr. Salley, Mr. Martin, Howard Cruz, Alexandra Bybee, Jamie Millard, and Lisa Sandin.

A significant issue addressed during the presentation involved cemetery preservation. The applicant presented archaeological findings that confirmed no graves exist outside the existing cemetery boundary on the properties, resolving concerns about potential disturbance to burial sites during subdivision development.

The Commission approved the amended plan subject to specific conditions:

• Topsoil restoration requirements
• Tree preservation measures

The approval of this plan with conditions allowed the subdivision to proceed while protecting environmental and historical resources on the properties.

PLAN 2011-26F: FOREST PARK ADDITION (AMD)

Outcome: Postponed to May 12th meeting

The discussion of PLAN 2011-26F: Forest Park Addition (AMD) was brief, with no substantive debate occurring. 10:10

Wesley Witt and Mr. Salley were the key speakers on this agenda item. The plan was postponed at the request of the applicant, who cited uncertainty in development plans as the reason for the delay. No concerns were raised or further discussion took place before the postponement was approved.

PLAN 2005-196F: SHARKEY PROPERTY, UNIT 2-B

1:05:04

The Commission reviewed the final record plat for Sharkey Property Unit 2B. Mr. Martin and Mr. Keeley presented the item.

Key Issues Addressed

Staff and the applicant worked together to resolve several technical matters before the plan could move forward:

• Revisions were made to the parking easement
• Conflicts between sewer and detention easements were addressed

Outcome

The Commission approved the final record plat for Sharkey Property Unit 2B. The approval included conditions for future easement release, ensuring that the easement matters could be properly managed going forward.

DP 2011-18: JAMES MOTOR CO. & KATHRYN M. MCBRAYER PROP. (AMD)

1:16:22

The amended development plan for James Motor Company and the Kathryn M. McBrayer property was presented for approval. Mr. Salley and Howard Cruz were the key speakers during this agenda item.

The development plan was approved with conditions. A primary condition required the applicant to revisit the sidewalk extension at the time of the final development plan. The applicant agreed to this condition and deferred the sidewalk obligation, citing high construction complexity as the reason for the deferral.

Outcome: The amended development plan was approved.

MARV 2011-5: FEDE, LLC

1:46:45

A zone change request for 407 Marquee Avenue was presented for consideration. The proposal sought to rezone the property from P1 to R5 zoning classification.

Key Speakers and Presentation

Ms. Wade, Ms. Simmons, and Rena Wiseman participated in the discussion of this agenda item.

Project Details

The applicant and staff emphasized adaptive reuse of the property and compatibility with surrounding zones as central elements of the proposal. The zone change included conditional zoning restrictions designed to manage the development's impact on the neighborhood.

Conditions and Restrictions

The conditional zoning imposed specific limitations on the project: - Restrictions on the number of units - Height limitations - Prohibition of certain uses

These conditions were structured to ensure the development would be compatible with adjacent zoning and neighborhood character.

Outcome

The zone change request from P1 to R5 for 407 Marquee Avenue was approved.

REQUESTED VARIANCES

2:02:08

Ms. Simmons presented a review of five requested variances involving landscaping, open space, and parking requirements.

Staff Recommendations and Actions

Staff recommended approval of three of the variances. One variance was recommended for withdrawal. Additionally, staff recommended a reduction of the parking variance from 27 spaces to 20 spaces.

Commission Decision

The Commission approved the revised variances as presented by staff, including the reduced parking variance of 20 spaces.

ZDP 2011-20: THE MARQUIS BUILDING

2:00:32

The preliminary development plan for the Marquis Building was presented for consideration. Key speakers on this item included Mr. Emerson and Rena Wiseman.

The proposal included approved variances and conditions addressing landscaping and parking requirements. A significant condition of approval required modification to the plan's documentation: note 15 was to be deleted and replaced with conditional zoning language.

The preliminary development plan was approved with these conditions.

INITIATION OF ZONING ORDINANCE TEXT AMENDMENT

2:18:37

The Commission initiated a text amendment to the zoning ordinance regarding the classification of catering as a land use. The amendment clarifies that catering is a principal use permitted in B3 and B4 commercial zones, while prohibiting it in agricultural and residential zones.

Key Speakers: - Ms. White - Ms. Copeland - Ms. Bain

Discussion: The Commission presented and discussed the proposed zoning ordinance text amendment to establish clear regulations for catering operations within different zoning districts. The amendment addresses the need to define catering's status as a principal use in specific commercial zones while restricting it from agricultural and residential areas.

Outcome: The Commission approved the initiation of the text amendment. The item was scheduled to be heard again on April 28th for further consideration and potential adoption.