Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on April 28, 2011, at 1:34 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 considered six agenda items, took eight votes, and heard three public comments during the session.

The Commission approved four of the six items on the agenda. These included a zoning map amendment and development plan for Lexington Habitat for Humanity, Inc. related to the Arlington Weekly Payment Lot & Investment Company Addition; a zoning map amendment and Kirklevington North Zoning Development Plan for SRG Properties, Inc.; a Preliminary Development Plan for Kirklevington North; a Floodplain Setback Variance Request; and a Landscape Buffer Variance Request. One item—a zoning map amendment and request regarding Thunder Properties, LLC's Coons Property, Unit 11, Lot 2—was postponed.

Attendance

Present: Carla Blanton, Marie Copeland, Mike Cravens, Mike Owens, Derek Paulsen, Carolyn Richardson, Lynn Roche-Phillips, and Bill Wilson.

Absent: Eunice Beatty, Patrick Brewer, and Ed Holmes.

Late: Carla Blanton arrived after the meeting commenced.

Votes and Decisions

Approval of Minutes 25:29 The body unanimously approved minutes from the March 10 and March 24, 2011 meetings. Motion by Mike Owens, seconded by Mike Cravens. Vote: 7 ayes, 0 nays, 0 abstentions.

Postponement of MAR 2011-7: Thunder Properties, LLC, Zoning Map Amendment 27:13 The body unanimously voted to postpone this zoning map amendment. Motion by Mike Cravens, seconded by Derek Paulsen. Vote: 8 ayes, 0 nays, 0 abstentions.

MAR 2011-8: Zoning Map Amendment, 221 Devonia Avenue 37:23 The body unanimously approved a zoning map amendment from R-1C to R-1E for property at 221 Devonia Avenue. Motion by Mike Owens, seconded by Lynn Roche-Phillips. Vote: 8 ayes, 0 nays, 0 abstentions. Approval is conditional on Urban County Council rezoning the property R-1E, and requires acceptance by the Urban County Engineer of drainage, storm, and sanitary sewers; approval by the Urban County Traffic Engineer of street cross-sections and access; Building Inspection approval of landscaping; e911 staff approval of street addresses; Urban Forester approval of tree protection plan; and various plan modifications including denoting the 20-foot building line and tree information per Article 5-2(d)(8) of the Land Subdivision Regulations.

PLAN 2011-39P: Preliminary Subdivision Plan, Arlington Weekly Payment Lot & Investment Company Addition 37:58 The body unanimously approved this preliminary subdivision plan. Motion by Mike Owens, seconded by Lynn Roche-Phillips. Vote: 8 ayes, 0 nays, 0 abstentions. Approval is conditional on Urban County Council rezoning the property R-1E and requires multiple departmental approvals and plan corrections.

MARV 2011-9: Zoning Map Amendment, 858 Malabu Drive 1:13:39 The body unanimously approved a zoning map amendment from R-4 to P-1 for property at 858 Malabu Drive. Motion by Mike Cravens, seconded by Derek Paulsen. Vote: 8 ayes, 0 nays, 0 abstentions. Approval is conditional on Urban County Council rezoning and requires multiple departmental approvals and plan modifications.

Floodplain Setback Variance 1:14:43 The body unanimously approved a variance from a 25-foot to 7-foot floodplain setback. Motion by Mike Cravens, seconded by Derek Paulsen. Vote: 8 ayes, 0 nays, 0 abstentions. Applicant must obtain a building permit and all applicable federal, state, and local approvals prior to construction.

Landscape Buffer Variance 1:14:43 The body unanimously approved a variance from a 10-foot to 2-foot landscape buffer along the New Circle Road on-ramp. Motion by Mike Cravens, seconded by Derek Paulsen. Vote: 8 ayes, 0 nays, 0 abstentions.

ZDP 2011-30: Preliminary Development Plan, Kirklevington North 1:15:14 The body unanimously approved this preliminary development plan. Motion by Mike Cravens, seconded by Mike Owens. Vote: 8 ayes, 0 nays, 0 abstentions. Approval is conditional on Urban County Council rezoning the property P-1 and requires multiple departmental approvals and plan modifications.

Public Comment

Three speakers provided public comment during the meeting.

Tony Barrett 25:59 represented Thunder Properties, LLC and requested a one-month postponement of MAR 2011-7 to allow for additional preparation and review.

Myke Robbins 36:15 represented Foster-Roland, Inc. and requested approval of the rezoning and subdivision plan for the Arlington Weekly Payment Lot. Robbins emphasized the need to build homes for families in need through Lexington Habitat for Humanity.

Rena Wiseman 1:05:01 represented SRG Properties, Inc. and affirmed agreement with all conditions for the proposed project. Wiseman clarified that the property had previously been in foreclosure and had a history of disrepair, noting that residential redevelopment would be unlikely without the proposed rezoning and development.

Contested Items

Residential vs. Commercial Use on Malabu Drive

A significant disagreement arose regarding a proposed rezoning of property on Malabu Drive from R-4 (residential) to P-1 (commercial) zoning. Commission members raised concerns about the implications of this rezoning, specifically questioning whether the change would result in the loss of 32 residential units.

The core dispute centered on whether the property was appropriate for commercial use. The Comprehensive Plan recommended High Density Residential development for the site, creating tension between the petitioner's commercial proposal and the city's existing planning guidance. Commission members appeared skeptical of deviating from this recommendation.

Staff members and the petitioner defending the rezoning emphasized the site's physical orientation and existing infrastructure as justification for the commercial use, arguing that these factors made the property suitable for P-1 zoning despite the Comprehensive Plan's residential designation.

The item resulted in a split vote among commission members, indicating that commissioners were divided on whether to approve the rezoning request. This division reflected the fundamental disagreement about balancing the loss of potential residential units against the petitioner's arguments regarding site characteristics and infrastructure capacity.

Thunder Properties, LLC: Zoning Map Amendment & Coons Property, Unit 11, Lot 2

25:59

The Commission considered a zoning map amendment request for 4268 Saron Drive, which sought to rezone the property from P-1 to B-1 zoning classification.

Staff Recommendation

Staff recommended disapproval of the zoning map amendment. The analysis indicated that there was no demonstrated need for additional commercial use in the area. Staff also noted that the existing P-1 zoning served an important function as a buffer between retail and residential areas, and that changing this designation would compromise that protective role for the neighborhood.

Concerns Raised

The proposed amendment raised concerns about alignment with the 2007 Comprehensive Plan. Staff and the Commission expressed concerns about the impact on neighborhood character and the loss of the transitional zoning that currently separates commercial and residential uses.

Outcome

The Commission postponed the zoning map amendment request rather than voting on the staff recommendation for disapproval. This postponement allowed for further consideration and potentially additional information to be gathered before a final decision is made.

Key Participant

Tony Barrett was identified as a key speaker during the discussion of this agenda item.

Lexington Habitat for Humanity, Inc.: Zoning Map Amendment & Arlington Weekly Payment Lot & Investment Company Addition

28:27

The Commission considered a zoning map amendment for 221 Devonia Avenue, proposed by Lexington Habitat for Humanity, Inc. The request sought to rezone the property from R-1C to R-1E to allow subdivision into two single-family lots.

Key Speakers and Presentation

Traci Wade, Tom Martin, and Myke Robbins participated in the discussion of this agenda item.

Staff and Committee Findings

Staff and the Zoning Committee reviewed the proposed rezoning and determined it to be consistent with the 2007 Comprehensive Plan's Medium Density Residential recommendation. The Committee found that the R-1E zoning classification was more in line with the neighborhood character, particularly regarding lot size and frontage requirements.

Outcome

The Commission approved the rezoning request, allowing the property to be subdivided into two single-family lots under the R-1E zoning classification.

SRG Properties, Inc.: Zoning Map Amendment & Kirklevington North Zoning Development Plan

The Commission considered a zoning map amendment for SRG Properties, Inc. regarding 858 Malabu Drive. The proposal involved rezoning the property from R-4 (Residential) to P-1 (Parking) zoning classification.

Key Speakers and Presentation

Traci Wade, Tom Martin, Jimmy Emmons, and Rena Wiseman participated in the discussion of this agenda item, which occurred approximately 39 minutes into the meeting 39:20.

Rationale for Rezoning

Staff analysis supported the rezoning to P-1 zoning based on several factors:

• The site's physical orientation toward commercial uses
• An existing parking lot that separates the property from residential areas
• The need for a "step-down" in land use intensity between different zoning areas

Plan Consistency

Staff noted that while the Comprehensive Plan recommended High Density Residential zoning for the site, the P-1 classification was determined to be more appropriate given the property's actual characteristics and its relationship to surrounding land uses.

Outcome

The Commission approved the rezoning from R-4 to P-1 for 858 Malabu Drive.

Kirklevington North: Preliminary Development Plan

Identifier: ZDP 2011-30

The Commission approved the preliminary development plan for Kirklevington North 53:08.

Project Overview

The plan includes an 18,000 square foot office building with subterranean parking and a 77-space parking lot.

Key Speakers

Tom Martin and Jimmy Emmons presented and discussed the project with the Commission.

Conditions of Approval

The Commission approved the preliminary development plan subject to the following conditions:

• Floodplain resolution
• Sewer line resolution
• Tree protection measures
• Geotechnical review

Outcome

The preliminary development plan was approved.

Floodplain Setback Variance Request

58:43

The Commission considered a request for a variance to reduce the required floodplain setback from 25 feet to 7 feet. Jimmy Emmons presented the variance request to the Commission.

The variance was supported by both staff and the Landscape Review Committee. The approval was based on specific mitigating factors related to the proposed construction:

• The building would be constructed on piers
• The site's topographic elevation provided justification for the reduced setback requirement

The Commission approved the variance request, allowing the setback requirement to be reduced from the standard 25 feet to 7 feet.

Landscape Buffer Variance Request

The Commission considered a request for a landscape buffer variance during this meeting. 58:43

Presentation and Recommendation

Jimmy Emmons presented the variance request, which sought to reduce the required landscape buffer from 10 feet to 2 feet along the New Circle Road on-ramp. The Landscape Review Committee and staff recommended approval of the request.

Basis for Approval

The Commission approved the variance, citing two primary mitigating factors:

• The site's significant elevation difference
• Existing vegetation on the property

Outcome

The variance request was approved.