Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on July 28, 2011, at 1:30 p.m. in the Council Chamber, 2nd Floor of the LFUCG Government Center, located at 200 East Main Street in Lexington, Kentucky. Mike Cravens presided over the meeting.

The Commission addressed six agenda items during the session. The meeting included consideration of a zoning map amendment and development plan for Thompson Thrift Development, Inc.'s Hamburg Place Community, Phase II project, which received approval. The Commission also approved a zoning text amendment regarding the shredding, baling, and storage of paper scrap in the B-4 zone, and approved an update to the Courthouse Area Design Overlay Code. Additionally, the Commission held a first reading on Comprehensive Plan Goals and Objectives and conducted a selection of officers, which was approved. The Commission took six motions and votes overall and heard four public comments during the meeting.

Attendance

The following individuals were present at the meeting on July 28, 2011:

• Eunice Beatty
• Patrick Brewer
• Carla Blanton
• Marie Copeland
• Mike Cravens
• Mike Owens
• Derek Paulsen
• Lynn Roche-Phillips
• William Wilson

No absences or late arrivals were recorded.

Votes and Decisions

MAR 2011-11: Zoning Map Amendment at 2391 Sir Barton Way 28:54

The Commission voted unanimously to approve a zoning map amendment from R-3 to R-4 zone for 6.81 net acres at 2391 Sir Barton Way. The motion was made by Mike Owens and seconded by Derek Paulsen. All nine members voted in favor: Eunice Beatty, Patrick Brewer, Carla Blanton, Marie Copeland, Mike Cravens, Mike Owens, Derek Paulsen, Lynn Roche-Phillips, and William Wilson.

Approval is conditional on Urban County Council rezoning the property to R-4; otherwise the Commission's action is null and void. Multiple conditions were imposed, including acceptance by the Urban County Engineer of drainage, storm sewers, sanitary sewer, and floodplain information; approval by the Urban County Traffic Engineer of parking, circulation, access, and street cross-sections; Building Inspection approval of landscaping and landscape buffers; and Urban Forester approval of a tree inventory map. Additional requirements include Department of Environmental Quality approval of environmentally sensitive areas, a 25-foot floodplain setback, and resolution of conflicts between tree preservation areas and proposed impervious surfaces at final development plan stage.

ZDP 2011-63: Hamburg Place Community, Phase II 29:25

The Commission unanimously approved the Hamburg Place Community, Phase II zoning development plan. Motion by Mike Owens, seconded by Derek Paulsen. All nine members voted in favor. This approval carries similar conditions to MAR 2011-11, with the additional requirement that parking proposed in the FEMA floodplain must be approved as a Special Permit Use.

ZOTA 2011-6: Text Amendment for Paper Scrap Operations 40:44

The Commission unanimously approved a text amendment to allow shredding, baling, and storage of paper scrap in the B-4 zone. Motion by Patrick Brewer, seconded by Lynn Roche-Phillips. All nine members voted in favor with no conditions.

ZODA 2011-7: Text Amendment for Courthouse Area Design Review Board 49:18

The Commission unanimously approved a text amendment to update property maintenance code references and reduce reporting frequency for the Courthouse Area Design Review Board. Motion by William Wilson, seconded by Derek Paulsen. All nine members voted in favor with no conditions.

Comprehensive Plan Public Hearing 52:40

The Commission unanimously approved scheduling a public hearing for Comprehensive Plan goals and objectives. Motion by William Wilson, seconded by Derek Paulsen. All nine members voted in favor.

Officer Selection Nominating Committee 1:04:18

The Commission unanimously adopted the nominating committee slate for officer selection. Motion by Derek Paulsen, seconded by Derek Paulsen. All nine members voted in favor.

Public Comment

Four members of the public provided comments and asked questions during the meeting.

Building Height and Design 18:02 Marie Copeland asked whether a fourth story could be added to the proposed buildings to create penthouse apartments with views on all four sides. She was informed that this would be possible but would require minor adjustments due to tight floor area ratio constraints.

Project Specifications 21:11 Lynn Roche-Phillips sought clarification on the project's measurements, asking whether the 200,000 square feet referred to total floor area or lot coverage. Staff confirmed that the figure represents total floor area, with lot coverage at approximately 80,000 square feet.

Floodplain Compliance 23:15 Mike Owens inquired about the timing of the Letter of Map Revision (LOMR) process, asking whether the petitioner should begin it immediately. He was advised that while not required at this stage, beginning the LOMR process would be advisable to avoid potential delays in the future.

Code Enforcement 44:00 Lynn White asked about the code enforcement process in the courthouse area, specifically what happens if violations occur. She was told that violations would be cited and could result in liens. Staff clarified that the change under discussion affects only the reporting frequency of enforcement actions, not the enforcement process itself.

Appointments

The following individuals were appointed to the Urban County Planning Commission:

• Mike Cravens
• Mike Owens
• Lynn Roche-Phillips
• Patrick Brewer

Contested Items

Nomination Process Transparency

A procedural dispute arose regarding the nomination process and the transparency of outreach to nominees. Several commissioners expressed concern that the slate of nominees was presented without direct outreach to the nominees beforehand. Commissioners noted that the process was rushed and lacked adequate input from committee members prior to the presentation of the final slate.

Despite these concerns about the procedural approach, the nomination process concluded with a unanimous final vote.

MAR 2011-11: Thompson Thrift Development, Inc. – Zoning Map Amendment & Hamburg Place Community, Phase II

1:00

The Planning Commission reviewed a zoning map amendment request from Thompson Thrift Development, Inc. to rezone 6.81 net acres from R-3 to R-4 zoning. The rezoning would allow for the development of 150 apartment units with higher density and taller buildings as part of Hamburg Place Community, Phase II.

Presenters and Discussion

Key speakers on this item included Traci Wade, Jimmy Emmons, and Mark McIntosh. Staff and the Zoning Committee presented their analysis and recommendations to the Commission.

Recommendation and Rationale

Both staff and the Zoning Committee recommended approval of the rezoning request. The recommendation was based on alignment with the 2007 Comprehensive Plan, indicating that the proposed development fits within the city's long-term planning goals and vision for the area.

Development Plan Approval

The development plan was approved with 10 conditions imposed to ensure compliance with city standards and protect community interests. These conditions addressed:

• Floodplain compliance
• Access safety
• Future review of setbacks
• Tree preservation

Outcome

The Planning Commission approved the zoning map amendment and development plan for Thompson Thrift Development, Inc.

ZDP 2011-63: Hamburg Place Community, Phase II

7:34

The preliminary development plan for Hamburg Place Community, Phase II was presented for consideration. Jimmy Emmons addressed the item, discussing revisions that had been made to the proposal.

The revised plan addressed three primary concerns from previous review:

• Floodplain encroachment
• Access safety
• Parking compliance

The Subdivision Committee had previously recommended postponement of the project. However, staff now supported approval of the plan, contingent upon the applicant meeting 10 conditions.

The conditions included:

• Floodplain setbacks
• Special permit use designation for floodplain parking
• Future review of building setbacks

The revisions and conditions reflected efforts to address environmental and safety considerations while allowing the development to proceed. The project was approved.

ZOTA 2011-6: Shredding, Baling & Storage of Paper Scrap in B-4 Zone

30:32

The Planning Commission considered a text amendment to permit shredding, baling, and storage of paper scrap in the B-4 zone.

Presentation and Rationale

Staff, including Traci Wade and Mike Moyzer, presented the proposed amendment. The staff recommendation supported approval of the alternative text. The presentation noted the growth of the document destruction industry, driven by increased privacy requirements under federal laws including HIPAA and FERPA. Staff indicated that the amendment was necessary to provide greater flexibility in commercial zones to accommodate this expanding industry sector.

Outcome

The Planning Commission approved the amendment with no conditions.

ZODA 2011-7: Courthouse Area Design Overlay Code Update

The Planning Commission reviewed a text amendment to update the Courthouse Area Design Overlay Code 41:14. The proposed changes addressed property maintenance code references and reporting requirements for the Courthouse Area Design Review Board.

Key Changes Proposed

The amendment included two primary modifications:

• Updating property maintenance code references from BOCA (Building Officials and Code Administrators) standards to ICC (International Code Council) standards
• Reducing the reporting frequency for the Courthouse Area Design Review Board from quarterly to annual reports

Justification and Discussion

Traci Wade presented the staff recommendation for the code update. Staff cited consistency with current code standards and low violation rates in the Courthouse Area as justification for the proposed changes. The shift from BOCA to ICC standards reflects updated building code practices, while the reduction in reporting frequency from quarterly to annual was supported by the minimal compliance issues in the district.

Outcome

The Planning Commission approved the amendment with a minor correction. The revision eliminated redundant board references in the code language, streamlining the text while maintaining the intended regulatory framework for the Courthouse Area Design Review Board.

Comprehensive Plan Goals and Objectives Public Hearing

The Commission addressed the draft goals and objectives for the Comprehensive Plan during this agenda item 50:58. Jim Duncan led the discussion on this matter.

The Commission finalized the draft goals and objectives that had been developed through prior work session revisions. The finalized draft will be made available online and advertised for public notice to ensure transparency and community awareness.

A public hearing was scheduled for August 25, 2011, to allow members of the public to provide testimony and feedback on the proposed goals and objectives. This hearing will provide an opportunity for community input before the plan moves forward.

The item resulted in a first reading of the Comprehensive Plan Goals and Objectives.

Selection of Officers

The nominating committee presented a slate of candidates for officer positions 53:41. The proposed slate included:

• Mike Cravens as Chair
• Mike Owens as Vice Chair
• Lynn Roche-Phillips as Secretary
• Patrick Brewer as Parliamentarian

Derek Paulsen led the discussion on this agenda item. The presentation included discussion about nomination procedures and transparency in the selection process.

The slate was adopted unanimously by the body.