Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on June 23, 2011, at 1:44 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 12 agenda items, took 12 motions and votes, and heard 5 public comments during the session.

The Commission approved all items on the agenda. Property development matters included approvals for the Gess Property Unit 1, Blackford Property Phase 1 Unit 5 and Phase 3, and the Lederer Property amendment. The Commission also approved the Kroger Shopping Center Redevelopment project and the Sharkey Property Unit 1 development plan covering Lots 9, 10, and 18.

Zoning and conditional use matters approved by the Commission included a zone change and preliminary development plan for Thunder Properties LLC, a zoning swap for Dennis Anderson Investments 1700 LLC, and a conditional use and variance request for an extended stay hotel and tire store.

The Commission also approved three text amendments to the planning code: amendments regarding right of entry and civil penalties (approved with revisions), temporary structures, and circuses and carnivals.

Attendance

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

Absent: Patrick Brewer, Marie Copeland, and Ed Holmes

Late: None

Votes and Decisions

The meeting included 12 votes, all of which passed by voice vote with no opposition.

DP 2011-40 — Approval of GESS PROPERTY, UNIT 1 final development plan with 13 revised conditions. Motion by Mike Cravens, seconded by Eunice Beatty. Passed unanimously. 35:50

DP 2011-41 — Approval of BLACKFORD PROPERTY, PHASE 1, UNIT 5 & PHASE 3 with revised conditions and new condition on access to Walnut Grove Lane or Deer Haven Lane. Motion by Mike Owens, seconded by Mike Cravens. Passed unanimously. 59:43

DP 2011-56 — Approval of LEDERER PROPERTY amendment with revised staff recommendations and conditions. Motion by Mike Owens, seconded by Carla Blanton. Passed unanimously. 1:39:56

DP 2010-22 — Re-approval of redevelopment project for Kroger shopping center at New Circle and Bryan Station Road. Motion by Mike Owens, seconded by Lynn Roche-Phillips. Passed unanimously. 1:44:57

MAR 2011-7 — Approval of Thunder Properties LLC zone change from P1 to B1 with conditional uses. Motion by Carla Blanton, seconded by Mike Cravens. Passed unanimously. 2:22:24

ZDP 2011-21 — Approval of preliminary development plan for Thunder Properties LLC with 11 conditions. Motion by Carla Blanton, seconded by Mike Cravens. Passed unanimously. 2:25:35

MARCV 2011-10 — Approval of Dennis Anderson Investments 1700 LLC zoning swap from P1 to B1 and B1 to P1. Motion by Carla Blanton, seconded by Mike Cravens. Passed unanimously. 3:38:30

Conditional Use and Variance — Approval of conditional use and variance for extended stay hotel and tire store with six conditions. Motion by Carla Blanton, seconded by Mike Cravens. Passed unanimously. 3:39:02

ZDP 2011-54 — Approval of Sharkey Property Unit 1, Lots 9, 10, and 18 development plan with 11 revised staff requirements. Motion by Carla Blanton, seconded by Mike Cravens. Passed unanimously. 3:40:09

ZOTA 2011-3 — Approval of text amendment to allow right of entry, administrative warrants, and civil penalties in zoning ordinance with revised language. Motion by Mike Owens, seconded by William Wilson. Passed unanimously. 4:08:36

ZOTA 2011-4 — Approval of text amendment to define and regulate temporary structures in commercial zones. Motion by Carla Blanton, seconded by Eunice Beatty. Passed unanimously. 4:13:36

ZOTA 2011-5 — Approval of text amendment to regulate circuses and carnivals in business and industrial zones. Motion by Carla Blanton, seconded by Lynn Roche-Phillips. Passed unanimously. 4:16:17

Public Comment

Five speakers addressed the meeting with comments on proposed developments and related concerns.

Support for Blackford Property Development

Susan Enlow, representing the Greenbrier Neighborhood Association, spoke in support of the Blackford Property development 54:48. She expressed appreciation for the applicant's efforts to work with the community and requested that a note be added to the plan restricting access to Walnut Grove Lane.

Opposition to Extended Stay Hotel and Tire Store

Jean Settle, a resident of Townley Park, opposed the proposed extended stay hotel and tire store 3:08:18. She expressed concern that these developments would negatively affect the neighborhood's character, scale, and safety, and argued they were not appropriate for a mixed-use residential area.

Conley Saluer, another Townley Park homeowner, also criticized the proposed scale of the hotel and tire store 3:20:28. He stated that these uses would be out of place and disruptive to the neighborhood's character.

Clarification on Proposed Uses

June Salier, a resident, asked the petitioner to clarify what is proposed to be built next to the tire store 3:35:42. The proposed use was later identified as a retail center.

Constitutional Concerns

Charles Hott, a private homeowner, raised constitutional concerns about a proposed right of entry for building inspectors 3:54:50. He expressed concern that such provisions could violate the Fourth Amendment, particularly without a warrant.

Contested Items

Right of Entry in Zoning Ordinance

Commissioners and public speakers raised constitutional concerns about a proposed right of entry clause for building inspectors in the zoning ordinance. The primary objection centered on privacy rights and Fourth Amendment protections. Despite these concerns, the motion was ultimately approved, though the right of entry clause itself was disapproved.

Extended Stay Hotel and Tire Store in Townley Park

Residents of Townley Park voiced strong opposition to proposed developments in their neighborhood. Community members expressed concerns about the scale of the projects, anticipated traffic impacts, noise levels, and the effect on neighborhood character. Despite this organized community opposition, the Commission approved both the zoning change and conditional use necessary for the developments to proceed.

Dumpster Location for Carrick House

A disagreement arose regarding the appropriate placement of a dumpster for the Carrick House project. The applicant proposed relocating the dumpster to a new site, but some commissioners preferred maintaining the original approved location. The motion was amended to return the dumpster to its originally approved location.

GESS PROPERTY, UNIT 1 (8/2/11)

Development Plan DP 2011-40 19:40

The Planning Commission reviewed and approved the final development plan for the Gess Property, Unit 1, located at 480 Chilesburg Road. The project proposes 100 townhouses on 21 acres.

Key Presenters

Tom Martin and Rory Kahly presented on this agenda item.

Staff Review and Compliance

Staff confirmed that the development plan complies with the Environmental Assessment and Mitigation Plan (EAMP).

Conditions

The approval was granted subject to 13 revised conditions. The petitioner agreed to all conditions as presented.

Outcome

The Planning Commission approved the final development plan for GESS Property, Unit 1.

BLACKFORD PROPERTY, PHASE 1, UNIT 5 & PHASE 3 (AMD) (8/2/11)

Development Plan DP 2011-41

38:10

The Commission reviewed and approved a development plan for the Blackford Property project, which includes 460 single-family lots located on Blackford Parkway.

Key Participants

The discussion involved Chris Taylor, Rory Kahly, and Bill Lear.

Approval and Conditions

The Commission approved the development plan with several conditions:

• Stormwater management requirements
• Sinkhole-related provisions
• Greenway access specifications
• A new restriction prohibiting access to Walnut Grove Lane or Deer Haven Lane

Outcome

The development plan was approved as presented with the noted conditions in place.

LEDERER PROPERTY (AMD) (8/9/11)

Development Plan: DP 2011-56

The Commission reviewed an amended development plan for the Carrick House property. 1:02:04

Key Speakers: - Tom Martin - Nick Nicholson

Outcome: The Commission approved the amended development plan with conditions. The motion was amended during discussion to address the dumpster location, ultimately placing the dumpster in its originally approved location.

Conditions of Approval: The approval included conditions regarding: - Dumpster location - Access requirements - Encroachment permits

Kroger Shopping Center Redevelopment

Project Identifier: DP 2010-22

Overview

The Commission re-approved the redevelopment project for the Kroger shopping center during this meeting. 1:41:37

Key Speaker

Bob Cornett presented on this agenda item.

Outcome

The project was approved with conditions. The approval included requirements related to utility easements and construction compliance that the project must satisfy.

Thunder Properties LLC Zone Change

The Commission considered a zone change request for Thunder Properties LLC, identified as MAR 2011-7. 1:47:33

Proposal

The request sought to change the zoning designation from P1 to B1 for a property located near Tates Creek.

Key Speakers

John Talbot and Cheryl Johnston presented information and participated in the discussion regarding this zoning change.

Findings and Rationale

The Commission found that a Kroger expansion in the area provided justification for the proposed zone change. Additionally, the Commission determined that the zone swap would maintain an appropriate balance in land uses for the area.

Outcome

The Commission approved the zone change from P1 to B1 for the Thunder Properties LLC property.

Thunder Properties LLC Preliminary Development Plan

The Commission reviewed and approved the preliminary development plan for Thunder Properties LLC (ZDP 2011-21) during the meeting on June 23, 2011 1:56:46.

Presentation and Discussion

Tom Martin presented the preliminary development plan to the Commission.

Outcome

The Commission approved the preliminary development plan with conditions. The approval included requirements related to:

• Stormwater management
• Easements
• Construction access

The conditions were established to address infrastructure and site development requirements for the project.

Dennis Anderson Investments 1700 LLC Zoning Swap

The Commission considered a zoning swap proposal for properties in the Sharkey development under agenda item MARCV 2011-10. 2:31:59

Proposal Overview

The zoning swap involved exchanging P1 and B1 zoning designations for properties within the development. The swap was intended to allow an extended stay hotel and tire store to be located in more appropriate zones for their respective uses.

Key Participants

Dick Murphy and Jim Stone were the primary speakers on this agenda item.

Commission Action

The Commission approved the zoning swap, allowing the proposed uses to proceed in their reallocated locations within the Sharkey development.

Conditional Use and Variance for Extended Stay Hotel and Tire Store

2:43:42

The Commission considered a conditional use and variance request for an extended stay hotel and tire store. Mr. Emmons and Mr. Taylor were the key speakers on this agenda item.

The Commission approved the conditional use and variance request. The approval included conditions related to design, access, and environmental compliance that the applicant must satisfy.

Outcome: Approved with conditions

Sharkey Property Unit 1, Lots 9, 10, and 18 Development Plan

Identifier: ZDP 2011-54

Mr. Taylor presented the development plan for the Sharkey property, Unit 1, Lots 9, 10, and 18 2:40:49.

The Commission reviewed the proposal and identified several conditions that would need to be satisfied as part of the approval. These conditions addressed three primary areas:

• Encroachment permits – Requirements related to any encroachments on the property
• Access – Provisions governing access to the development
• Stormwater management – Plans for managing stormwater on the site

The Commission approved the development plan subject to these conditions 2:40:49.

Text Amendment: Right of Entry and Civil Penalties

This agenda item (ZOTA 2011-3) addressed a text amendment concerning right of entry, administrative warrants, and civil penalties. 3:41:00

Key Speakers

Tracy Wade and David Barbary were the primary speakers on this matter.

Commission Action

The Commission recommended approval of the text amendment with revisions. However, the Commission specifically disapproved the right of entry clause due to privacy concerns raised during the discussion.

Outcome

The amendment was approved with revisions, meaning that while the overall text amendment moved forward, modifications were made to address the issues identified. The right of entry provision was not approved in its original form, reflecting the Commission's prioritization of privacy protections in the final version of the amendment.

Text Amendment: Temporary Structures

The Commission considered a text amendment (ZOTA 2011-4) to regulate temporary structures in commercial zones. 4:10:48

Tracy Wade presented the amendment, which establishes new regulations for temporary structures. Under the proposed text amendment, temporary structures in commercial zones would be limited to a maximum duration of 60 days. For temporary structures that need to remain beyond this 60-day period, a conditional use review would be required.

The Commission approved the text amendment.

Text Amendment: Circuses and Carnivals

The Commission considered ZOTA 2011-5, a text amendment to regulate circuses and carnivals within the jurisdiction. 4:14:07

Tracy Wade presented the amendment, which proposed making circuses a conditional use in most zones and clarifying definitions related to circus and carnival operations.

The amendment was approved by the Commission.