Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on October 27, 2011, at 1:30 p.m. in the Council Chamber, 2nd Floor LFUCG Government Center, 200 East Main Street, Lexington, Kentucky. Mike Cravens presided over the meeting. The Commission considered five agenda items and took four votes, approving all matters brought before it. The meeting included six public comments from members of the community. The approved items included a zone change for Lexington Hearing & Speech Center, Inc. from R-1D to P-1; the Rogers & Clark Subdivision for Lots 21, 22, 23, and 24; variance requests for Lexington Hearing & Speech Center, Inc.; initiation of an ND1 Overlay for the Meadowthorpe Neighborhood Association; and adoption of the 2012 Meeting and Filing Schedule.

Attendance

Present: - Will Berkley - Carla Blanton - Marie Copeland - Mike Cravens - Mike Owens - Derek Paulsen - Frank Penn - Lynn Roche-Phillips - William Wilson

Absent: - Beatty - Brewer

Late: None recorded

Votes and Decisions

MARV 2011-12: Zone Change for Lexington Hearing & Speech Center, Inc. 3:03:11

A motion by Mike Cravens, seconded by Frank Penn, to approve a zone change from R-1D to P-1 for Lexington Hearing & Speech Center, Inc. passed by roll call vote 9-0. All nine members voted in favor: Will Berkley, Carla Blanton, Marie Copeland, Mike Cravens, Mike Owens, Derek Paulsen, Frank Penn, Lynn Roche-Phillips, and William Wilson.

The rezoning is subject to conditional zoning restrictions limiting permitted uses to 35% of P-1 zone uses. The development plan must include a note stating that any residential structures destroyed must be substantially rebuilt in the same style and architecture. The deed restriction will incorporate the conditional zoning language and development plan covenant.

MARV 2011-12 - Variances 3:05:45

A motion by Mike Cravens, seconded by Frank Penn, to approve requested variances for the Lexington Hearing & Speech Center, Inc. zone change passed by roll call vote 9-0. All nine members voted in favor.

The withdrawal of the height variance for 158-162 N. Ashland Ave. is approved. All other variances regarding setback, landscaping, and parking are approved as recommended by staff.

ZDPE 2011-69: Rogers & Clark Subdivision, Lots 21-22-23-24 3:06:57

A motion by Mike Cravens, seconded by Frank Penn, to approve the Rogers & Clark Subdivision for Lots 21-22-23-24 passed by roll call vote 9-0. All nine members voted in favor.

Approval is contingent on multiple conditions including Urban County Council rezoning the property to P-1, acceptance of drainage and sewer information by the Urban County Engineer, approval of parking and circulation by the Traffic Engineer, approval of landscaping by Building Inspection, and approval of tree inventory by the Urban Forester. The plan must be corrected to include proper title, developer information, written scale, and north arrow orientation. Signage must comply with Article 17 of the Zoning Ordinance, and reciprocal access and parking must be denoted. The entrance encroachment into 164 N. Ashland Ave. must be resolved.

ND1 Overlay for Meadowthorpe 3:23:38

A motion by Frank Penn, seconded by William Wilson, to initiate a zone change for ND1 overlay for Meadowthorpe Neighborhood Association passed by roll call vote 9-0. All nine members voted in favor.

Public Comment

The meeting included six public comments addressing a proposed rezoning matter, with speakers both supporting and opposing the change.

Support for Rezoning

Guy Bradley spoke in favor of the rezoning 1:52:12, representing the Children's Advocacy Center. He stated that the organization is attracted to the property because of its residential appearance and committed to maintaining the integrity of the real estate with minimal traffic and usage.

David Care also expressed support 1:55:24, noting that several neighbors who initially opposed the rezoning changed their position after learning about the restrictions and commitments associated with the proposal. He indicated that these neighbors signed a petition in support of the rezoning.

Opposition to Rezoning

Louis Gardner opposed the rezoning 1:57:43, expressing concern about spot zoning and the potential for future rezoning pressure. He reported that a petition opposing the change received 203 signatures from residents.

Gil Dunn argued against the rezoning 2:09:32, stating that changing the zoning in the middle of a residential area would have a detrimental effect on the neighborhood and that the area should remain family-oriented.

William Kevin Murphy raised concerns about precedent and planning 2:11:59, highlighting that the comprehensive plan should guide zoning decisions and warning against setting a precedent that could lead to future rezoning pressures.

Stephanie Ashman Spires expressed concern about neighborhood character 2:18:08, stating that allowing a law firm would change the demographic and image of the neighborhood, which is currently family-oriented with schools and churches.

Contested Items

Rezoning of Lexington Hearing & Speech Center Property

The proposal to rezone the Lexington Hearing & Speech Center property generated significant community opposition. The Mentel Park Neighborhood Association actively opposed the rezoning, circulating a petition that gathered 203 signatures against the proposal. The neighborhood association's concerns centered on spot zoning practices, the potential precedent such a rezoning would establish, and the impact on neighborhood character.

Conditional Zoning and Deed Restrictions

Commissioners were divided on whether the proposed conditional zoning and deed restrictions would adequately protect neighborhood character. The disagreement reflected uncertainty about the effectiveness of these protective measures, with some commissioners questioning whether future restrictions could be enforced. This split vote indicated that commissioners held differing views on the sufficiency of the proposed safeguards.

Spot Zoning Concerns

The most contentious issue involved the spot zoning aspect of the proposal. Several commissioners expressed discomfort with rezoning specifically for a particular buyer, viewing this as problematic spot zoning practice. These commissioners emphasized the importance of avoiding a precedent that could invite future rezoning requests and pressures from other property owners seeking similar accommodations. This heated discussion reflected broader concerns about maintaining consistent zoning standards and preventing the erosion of neighborhood protections through case-by-case exceptions.

Lexington Hearing & Speech Center, Inc. - Zone Change from R-1D to P-1

The Planning Commission considered a request to rezone the Lexington Hearing & Speech Center property from R-1D (residential) to P-1 (professional office) zoning 35:01.

Key Speakers and Positions

The discussion involved Traci Wade, Jimmy Emmons, Bruce Simpson, King Offit, and Bob Rouse. Staff presented a recommendation for disapproval of the rezoning request.

Staff Concerns

The staff recommendation against the rezoning cited three primary concerns: potential negative impact on neighborhood character, the precedent that approval would set for similar requests, and misalignment with the Comprehensive Plan.

Petitioner's Arguments

The petitioner argued that the property has functioned as a non-residential facility for 42 years. They contended that converting the property back to residential use would be impractical given its long-established use as a professional facility.

Commission Decision

Despite staff's recommendation for disapproval, the Planning Commission voted to approve the rezoning request. The approval included strict conditional zoning restrictions and deed restrictions to address concerns about the property's use and its impact on the surrounding neighborhood.

Rogers & Clark Subdivision, Lots 21, 22, 23 & 24

Identifier: ZDPE 2011-69

The preliminary development plan for Rogers & Clark Subdivision, Lots 21, 22, 23 & 24 was presented for review 49:11. Tom Martin presented the plan, which reflected the current configuration of the property with no proposed physical changes.

The Subdivision Committee had previously reviewed the preliminary development plan and recommended approval, subject to 13 conditions. The Commission considered these same conditions during this meeting.

The plan was approved by the Commission with all 13 conditions from the Subdivision Committee's recommendation.

Variance Requests for Lexington Hearing & Speech Center, Inc.

53:06

Staff presented variance recommendations for Lexington Hearing & Speech Center, Inc. The presentation included a recommendation to withdraw a height variance request for the property at 158-162 N. Ashland Ave., which staff determined was unnecessary.

In addition to the withdrawn height variance, staff recommended approval of variances related to setbacks, landscaping, and parking for the project. Jimmy Emmons, representing the petitioner, indicated support for the staff recommendations presented to the Commission.

The Commission voted to approve all variances except for the withdrawn height variance. The approval of the setback, landscaping, and parking variances allows the project to proceed with the necessary modifications to meet the development requirements for the Lexington Hearing & Speech Center, Inc. location.

Initiation of ND1 Overlay for Meadowthorpe Neighborhood Association

3:15:13

The Meadowthorpe Neighborhood Association presented a petition to initiate an ND1 overlay district for their neighborhood. The overlay is intended to preserve the neighborhood's character and historical aesthetic value.

Presentation and Support

Key speakers Coleman Bush and Tracy Wade presented the neighborhood's case for the overlay. The Association emphasized the importance of acting to protect the area's character before changes occur in the neighborhood.

Community Response

The Commission reviewed postcard responses from residents regarding the proposed overlay. The results showed strong community support, with 82.8% of respondents in favor of the ND1 overlay initiation.

Outcome

The Commission approved the initiation of the zone change for the ND1 overlay in the Meadowthorpe neighborhood.

Adoption of 2012 Meeting and Filing Schedule

The Commission reviewed and adopted the proposed 2012 meeting and filing schedule during this agenda item. 3:24:11

Tracy Wade presented the schedule to the Commission. The proposed 2012 calendar establishes a consistent monthly meeting structure with the following arrangement:

• Subdivision meetings scheduled for the second Thursday of each month
• Committee meetings scheduled for the first Thursday of each month
• Work sessions scheduled for the third Thursday of each month
• Zoning meetings scheduled for the fourth Thursday of each month

The Commission approved the 2012 meeting and filing schedule as presented.