Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on September 22, 2011, at 1:32 p.m. in the Council Chamber, 2nd Floor LFUCG Government Center, located at 200 East Main Street in Lexington, Kentucky. Mike Cravens presided over the meeting, which included 12 agenda items and resulted in 14 motions and votes. The Commission heard 7 public comments during the session.

The meeting addressed a range of planning and zoning matters. Two items were postponed: the Lexington Hearing & Speech Center Zoning Map Amendment and the Historic House Museum Conditional Use Amendment. The Commission approved several zoning-related items, including a Zoning Map Amendment and ZDP 2011-70 for DMK Development Group, LLC; a Wall Signage Amendment for Rector Hayden Realtors; and a ND1 Retaining Wall Amendment for the Montclair Neighborhood. Additionally, the Commission approved a Planning Commission Appointment, the Approval of Minutes, Goals and Objectives Adoption, a Fayette County Public Schools Facility Review, and the initiation of a Text Amendment for Article 29.

Attendance

Present: Eunice Beatty, Will Berkley, Carla Blanton, Patrick Brewer, Marie Copeland, Mike Cravens, Mike Owens, Lynn Roche-Phillips, and Bill Wilson.

Absent: Derek Paulsen and Frank Penn.

Late: Will Berkley and Lynn Roche-Phillips.

Votes and Decisions

Appointment of Will Berkley to the Planning Commission 12:20 Motion by Mike Owens, seconded by Bill Wilson. Passed by voice vote. All eight members voted in favor: Eunice Beatty, Carla Blanton, Patrick Brewer, Marie Copeland, Mike Cravens, Mike Owens, Lynn Roche-Phillips, and Bill Wilson.

Approval of August 25, 2011 Planning Commission Meeting Minutes 13:56 Motion by Eunice Beatty, seconded by Mike Owens. Passed by voice vote with all eight members in favor.

Postponement of Lexington Hearing & Speech Center Zoning Map Amendment and Rogers & Clark Subdivision (MARV 2011-12) 15:00 Motion by Lynn Roche-Phillips, seconded by Bill Wilson. Postponed by voice vote with all eight members in favor.

Postponement of Historic House Museum Conditional Use Amendment (ZOTA 2011-10) 17:12 Motion by Lynn Roche-Phillips, seconded by Patrick Brewer. Postponed by voice vote with all eight members in favor.

Zone Change Approval for DMK Development Group, LLC (MARC 2011-13) 3:07:14 Motion by Eunice Beatty, seconded by Bill Wilson. Approved by electronic vote, 8 ayes, 0 nays. The zone change from R1D to R3 was approved with five conditions, including requirements for Urban County Council rezoning, compliance with development plans, variance notation, floodplain approvals, and conditions on adaptive reuse of existing structures.

Conditional Use Permit for Nursing Home and Assisted Living Facility (MARC 2011-13) 3:09:34 Motion by Mike Owens, seconded by Carla Blanton. Approved by electronic vote, 8 ayes, 0 nays. Approval included eleven conditions addressing rezoning, engineering approvals, traffic engineering review, landscaping, environmental quality, fire safety, waste management, and requirements for vehicular access and sidewalk construction.

Waiver for Half-Section of Citation Boulevard Construction (MARC 2011-13) 3:11:06 Motion by Mike Owens, seconded by Carla Blanton. Approved by electronic vote, 8 ayes, 0 nays. Four conditions were imposed regarding shoulder construction, safe intersection transitions, construction entrance placement, and removal procedures.

Newtown Springs Zoning Development Plan Approval (ZDP 2011-70) 3:13:21 Motion by Mike Owens, seconded by Bill Wilson. Approved by electronic vote, 8 ayes, 0 nays, as a preliminary development plan with three conditions including deletion of specific conditions and requirements for future Citation Boulevard access.

Amendment for Additional Wall Signage in P-1 Zone (ZOTA 2011-9) 3:28:02 Motion by Eunice Beatty, seconded by Mike Owens. Approved by electronic vote, 8 ayes, 0 nays. The staff alternative text was adopted specifying that third wall-mounted signs must be on a third face of the building.

Initiation of ND1 Restrictions Amendment for Montclair Neighborhood 3:40:09 Motion by Patrick Brewer, seconded by Mike Owens. Passed by voice vote with all eight members in favor. The amendment will allow retaining walls not exceeding 18 inches above unbalanced fill.

Adoption of Comprehensive Plan Draft Goals and Objectives 3:48:11 Motion by Patrick Brewer, seconded by Bill Wilson. Passed by voice vote with all eight members in favor. An amendment was made to include "pedestrian-friendly neighborhoods that are connected" in the transportation language.

Facility Review Approval for Bryan Station High School Land Sale (PFR 2011-6) 3:57:09 Motion by Lynn Roche-Phillips, seconded by Eunice Beatty. Passed by voice vote with all eight members in favor. The review concerned the sale of land to the urban county government for a detention basin.

Initiation of Article 29 Text Amendment 3:59:28 Motion by Patrick Brewer, seconded by Carla Blanton. Passed by voice vote with all eight members in favor. The amendment will correct outdated references in the Zoning Ordinance.

Adjournment 4:01:00 Motion by Eunice Beatty, seconded by Carla Blanton. Passed by voice vote with all eight members in favor.

Public Comment

Seven speakers addressed the council during the public comment period, raising concerns about a proposed zoning change and a retaining wall amendment.

Opposition to DMK Development Group Zoning Change

Joel Corwin 1:36:40 expressed strong opposition to the rezoning, arguing that the developer had misled residents by changing the zoning after they purchased homes in the neighborhood under the promise of single-family residences. He cited poor maintenance, environmental concerns, and potential impacts from increased traffic and construction.

Stormwater and Traffic Concerns

Bruce Ely 1:50:47 opposed the zone change due to existing stormwater issues in the neighborhood and concerns about increased traffic from construction and facility operations, particularly if Asbury Lane is opened.

Kimberly Jackson 1:56:40 raised concerns about increased crime and traffic if Asbury Lane is opened, noting that it would provide a shortcut for criminals and increase traffic flow through the neighborhood.

Joshua Samples 2:03:55, a roadway designer, questioned the traffic impact of construction and noted the lack of a specified timeline for building Citation Boulevard, expressing concern that construction traffic would likely use local streets.

Construction Impact Concerns

Dorothy Haskins 2:07:39 expressed concern about construction blasting and truck traffic affecting older homes and criticized the lack of notification to residents about the project.

Support for Retaining Wall Amendment

Deborah Tatum 3:35:52, president of the Neighbors of Montclair, supported the amendment to allow retaining walls, explaining that the restriction was unintended and that walls are necessary for safety on steep slopes.

Chuck Eckerlein 3:38:31 defended the existing retaining wall on Summit Street, stating it was built for safety and not to obstruct views, and that the neighborhood has overwhelmingly supported it.

Appointments

Will Berkley was appointed to the Urban County Planning Commission.

Contested Items

DMK Development Group Zoning Change

Residents of the Newtown Springs and Green Acres neighborhoods expressed strong opposition to a proposed rezoning for the DMK Development Group. The primary concerns centered on traffic impacts, construction effects, stormwater management, and the potential for future development that could alter the character of these residential neighborhoods. The community mobilized to voice these objections during the meeting.

Montclair ND1 Retaining Wall Amendment

A heated discussion emerged regarding a proposed retaining wall amendment in the Montclair ND1 area. The neighborhood was divided on the issue: some residents supported the amendment based on safety considerations, while others opposed it due to concerns about its visual impact and the precedent it might establish for future similar projects.

Call to Order

The meeting was called to order at 1:32 p.m. in the Council Chamber at the LFUCG Government Center. 0:00

Planning Commission members and staff were present for the proceedings.

Planning Commission Appointment

The Commission voted to appoint Will Berkley to fill a vacancy on the Planning Commission. 11:35

Background

The appointment was necessary after the Urban County Council failed to act within the required 60-day window to fill the position.

Action Taken

The Commission approved the appointment by motion of Mike Owens and seconded by Bill Wilson. The appointment was approved.

Key Participants

Mike Cravens, Mike Owens, and Bill Wilson were the key speakers on this agenda item.

Approval of Minutes

The minutes from the August 25, 2011, meeting were presented for approval. 13:56

Eunice Beatty moved to approve the minutes, and Mike Owens seconded the motion. The minutes were approved by voice vote.

Outcome: Approved

Postponement of Lexington Hearing & Speech Center Zoning Map Amendment

14:29

The Commission considered a postponement of the zoning map amendment for the Lexington Hearing & Speech Center (MARV 2011-12). The petitioner requested a one-month delay to allow additional time for meetings with neighbors.

Key Speakers: - Bruce Simpson - Lynn Roche-Phillips - Bill Wilson

Outcome:

The Commission voted to postpone the matter to the October 27, 2011 meeting. Lynn Roche-Phillips made the motion, which was seconded by Bill Wilson. The postponement accommodates the petitioner's request for time to conduct community outreach and address neighbor concerns before the amendment is considered further.

Postponement of Historic House Museum Conditional Use Amendment

16:07

The Commission considered ZOTA 2011-10, a conditional use amendment related to a historic house museum. Rather than proceeding with a decision, the Commission voted to postpone the matter to allow additional time for stakeholders to reach consensus.

Key Participants

The discussion involved Knox Van Nagell, Dick Murphy, David Royse, Lynn Roche-Phillips, and Patrick Brewer.

Action Taken

The Commission postponed ZOTA 2011-10 to October 13, 2011. Lynn Roche-Phillips made the motion to postpone, and Patrick Brewer seconded it. This postponement was intended to provide interested parties with time to work toward agreement on the proposal before the matter returns for further consideration.

Zoning Item: DMK Development Group, LLC - Zoning Map Amendment & ZDP 2011-70

The Commission reviewed a zoning map amendment and conditional use request from DMK Development Group, LLC for a 5-acre parcel. The proposal sought to rezone the property from R1D (single-family residential) to R3 (multi-family residential) to accommodate a nursing home and assisted living facility.

Staff Recommendation

Staff recommended approval of both the zone change and the conditional use permit, subject to specific conditions addressing access, drainage, and construction requirements.

Applicant Presentation

The applicant presented their case, emphasizing the community need for the proposed nursing home and assisted living facility. They expressed their willingness to comply with all conditions imposed by the Commission.

Key Participants

The discussion involved several speakers including Traci Wade, Chris Taylor, Dick Murphy, Ross Oberhausen, and Sarah Tuttle, who contributed to the review and evaluation of the proposal.

Outcome

The Commission approved the zoning map amendment and conditional use permit (ZDP 2011-70) for DMK Development Group, LLC 19:26.

Zoning Item: Rector Hayden Realtors - Wall Signage Amendment

3:21:57

The Commission considered a request to amend zoning regulations to allow a third wall-mounted sign in P1 zones for professional office projects with two street frontages.

Presentation and Rationale

Staff recommended approval of the amendment. The primary justification cited was the need for improved wayfinding in large office parks. The third wall-mounted sign would provide additional directional and identification signage for properties with multiple street frontages, addressing navigation challenges in complex office developments.

Key Speakers

• Traci Wade
• Nick Nicholson

Outcome

The motion passed unanimously. The Commission approved the amendment allowing the third wall-mounted sign in P1 zones for professional office projects with two street frontages.

Zoning Item: Montclair Neighborhood - ND1 Retaining Wall Amendment

3:30:19

The Commission discussed a proposed amendment to ND1 zoning restrictions in the Montclair neighborhood. The initiative would modify existing regulations to permit retaining walls that do not exceed 18 inches above unbalanced fill.

Key speakers on this item included Jim Duncan, Deborah Tatum, and Chuck Eckerlein.

The Commission considered the amendment as a presentation item and deliberated on the proposed height restriction for retaining walls. Following discussion, a motion to initiate the amendment was brought before the Commission.

The motion to initiate the ND1 retaining wall amendment passed unanimously, indicating full Commission support for moving forward with the proposed zoning modification.

Goals and Objectives Adoption

The Commission adopted revised draft goals and objectives for the Comprehensive Plan following public input and a work session. 3:40:43

Key Speakers

Jim Duncan, Patrick Brewer, and Carla Blanton led discussion on this agenda item.

Action Taken

The Commission approved the revised goals and objectives for the Comprehensive Plan. The final adopted version included an amendment to incorporate language regarding pedestrian-friendly neighborhoods.

Outcome

The goals and objectives were approved as presented, with the pedestrian-friendly neighborhoods amendment included in the final document.

Fayette County Public Schools Facility Review

Speakers: Jim Duncan and Greg Lubeck

Outcome: Approved

The Commission considered a proposal regarding Fayette County Public Schools facilities, specifically addressing the sale of land from Bryan Station High School to the urban county government. 3:49:58

The primary purpose of the land sale was to support a detention basin project, which was presented as part of a long-term flood mitigation effort. This initiative reflected a collaborative approach between the school district and county government to address drainage and flooding concerns while making productive use of school property.

The Commission approved the proposal, indicating support for the project's role in the county's broader flood management strategy.

Text Amendment Initiation for Article 29

The Commission initiated a text amendment to Article 29 to correct outdated references in the code enforcement provisions. 3:58:21

Jim Duncan presented this agenda item, which addressed the need to update language that referenced BOCA (Building Officials and Code Administrators), a standard that is no longer applicable to the jurisdiction's current code enforcement practices.

The amendment was approved by the Commission.

Adjournment

The Commission voted to adjourn the meeting at approximately 4:01:00. Eunice Beatty made the motion to adjourn, which was seconded by Carla Blanton. The motion was approved.