Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on January 26, 2012, at 1:31 p.m. in the Council Chamber, 2nd Floor LFUCG Government Center, located at 200 East Main Street in Lexington, Kentucky. Derek Paulsen presided over the meeting, which included four agenda items and resulted in four motions and votes. The Commission heard one public comment during the meeting.

All four agenda items were approved. These included the RML Construction Zoning Map Amendment and The Glen at Lochdale, Unit 4 (AMD.) Zoning Development Plan; ZOTA 2012-1 regarding Canopy Signs in the P1 Zone; ZOTA 2012-2 Amendment to Article 29 for ND1 Overlay Zone; and a Consent Agenda item.

Attendance

Present: Eunice Beatty, Will Berkley, Carla Blanton, Patrick Brewer, Marie Copeland, Mike Cravens, Mike Owens, Derek Paulsen, Frank Penn, and Lynn Roche-Phillips.

Absent: William Wilson.

Late: Patrick Brewer and Lynn Roche-Phillips.

Votes and Decisions

Four motions were voted on and passed during the meeting.

MAR 2012-1: Zoning Map Amendment 1:54:41 A zoning map amendment to change the designation from B-1 to R-4 for property at 3600 & 3652 Winthrop Drive was motioned by Mr. Reynolds and seconded by Mr. Irwin. The motion passed by voice vote with all ten members voting in favor: Eunice Beatty, Will Berkley, Carla Blanton, Patrick Brewer, Marie Copeland, Mike Cravens, Mike Owens, Derek Paulsen, Frank Penn, and Lynn Roche-Phillips. The amendment includes a condition to delete the conditional zoning restriction for the southern boundary buffer and replace it with a development plan note requiring evergreen plantings in groups of three or more, spaced at least 20 feet apart.

ZDP 2012-2: Final Development Plan for The Glen at Lochdale, Unit 4 (Amended) 1:55:50 The final development plan for The Glen at Lochdale, Unit 4 (Amended) was motioned by Mr. Owens and seconded by Mr. Cravens. The motion passed by voice vote with all ten members voting in favor. The approval includes conditions to resolve the extent of tree protection as necessary prior to certification and to add a requirement for evergreen plantings in groups of three or more along the southern boundary, spaced at least 20 feet apart.

ZOTA 2012-1: Text Amendment for Canopy Signs in P1 Zone 1:15:44 A text amendment to allow canopy signs in the P1 zone was motioned by Mr. Cravens and seconded by Mr. Brewer. The motion passed by voice vote with all ten members voting in favor. The amendment permits canopy or awning signs limited to 15% of surface area with a vertical dimension up to 5 feet, and such signs must be deducted from the wall sign allowance.

ZOTA 2012-2: Amendment to Article 29 1:22:39 An amendment to Article 29 to update property maintenance code references and reporting frequency was motioned by Ms. Blanton and seconded by Mr. Burke. The motion passed by voice vote with all ten members voting in favor. The amendment updates the reference to the International Property Maintenance Code, 1998 edition, and changes reporting from quarterly to annual.

Public Comment

1:49:14

Lisa Rogers, a trustee at Anchor Baptist Church, addressed the board regarding safety and traffic concerns related to a retention pond and proposed development in the area. Rogers expressed concerns about safety hazards associated with the retention pond and noted that increased traffic from the proposed development and Trinity Christian Academy would compound existing traffic issues affecting the church.

Rogers recommended that warning signs be posted in connection with the retention pond to address safety concerns. She also highlighted that Anchor Baptist Church experiences heavy traffic on Sundays and Wednesdays, indicating that additional traffic from the development would impact the church's operations and the surrounding area.

Contested Items

Retention Pond Safety and Liability

Commissioner Penn raised concerns about the safety and liability implications of the proposed retention pond. Specifically, he questioned the wisdom of a property owner accepting liability for a retention pond, expressing concern about potential drowning incidents and the associated legal risks. The petitioner and staff responded by clarifying that liability for the pond rests with the property owner. They emphasized that accepting such risk is an individual decision that must be weighed against the benefits of creating an amenity on the property. The discussion reflected differing perspectives on risk tolerance, though the matter was ultimately resolved through this explanation of liability responsibility.

Southern Boundary Landscaping and View Rights

A split vote occurred regarding landscaping requirements on the southern boundary of the property. The petitioner requested removal of a conditional zoning restriction that mandated evergreen trees planted every 10 feet on center. This restriction had been intended to preserve views of the retention pond from neighboring properties.

The Commission reached a compromise by replacing the rigid planting requirement with a development plan note that allows more flexible landscaping arrangements. Under the new approach, trees may be planted in groups of three, spaced at least 20 feet apart. This modification balanced two competing interests: maintaining neighborhood views of the retention pond while still providing environmental screening through strategic tree placement. The revised standard offered greater flexibility for the property owner while preserving the visual and environmental benefits that the original restriction sought to achieve.

RML Construction Zoning Map Amendment & The Glen at Lochdale, Unit 4 (AMD.) Zoning Development Plan

The Planning Commission considered a zoning map amendment and development plan for a 14.78 net acre property located at 3600 & 3652 Winthrop Drive. The proposal sought to rezone the land from B-1 (Business) to R-4 (Residential) zoning classification.

Presenters and Key Participants

The discussion involved Planning Commission members Traci Wade, Tom Martin, Rena Wiseman, Rory Kahly, and Tim Queary.

Proposal Details

The zoning map amendment would allow for residential development at the proposed density of 17.05 dwelling units per net acre. The project, known as The Glen at Lochdale, Unit 4, included a development plan component addressing site design and improvements.

Staff Recommendation

Both the Planning staff and the Zoning Committee recommended approval of the amendment. Their recommendation was based on the proposal's alignment with the 2007 Comprehensive Plan for the area.

Commission Action

The Planning Commission approved the zoning map amendment. However, the Commission made modifications to the conditions originally proposed. Specifically, the Commission replaced a conditional zoning restriction with a development plan note regarding evergreen plantings on the property.

Outcome

The amendment was approved with the revised conditions in place. 1:08:47

ZOTA 2012-1 Canopy Signs in the P1 Zone

1:56:25

The Commission reviewed a text amendment to modify signage regulations in the P1 zone by allowing canopy signs, which are currently prohibited in that district.

Staff Proposal

Staff presented a revised text amendment that would permit canopy signs in the P1 zone under specific conditions:

• Canopy signs limited to 15% of the surface area
• Maximum vertical dimension of 5 feet
• Canopy sign allowances must be deducted from wall sign allowances

Commission Action

Key speakers Traci Wade and Dick Murphy participated in the discussion. The applicant agreed to accept the staff's alternative proposal without further modifications.

Outcome

The Commission approved the amendment to allow canopy signs in the P1 zone subject to the dimensional and area restrictions outlined in the staff's revised text.

ZOTA 2012-2 Amendment to Article 29 for ND1 Overlay Zone

1:16:14

The Commission considered a text amendment to update references in the ND1 overlay zone regulations. Traci Wade presented the item.

Amendment Details

The amendment addressed outdated references to the BOCA property maintenance code within Article 29 governing the ND1 overlay zone. The update replaced these references with the International Property Maintenance Code, 1998 edition, bringing the regulations into alignment with current standards.

Reporting Changes

In addition to updating code references, the amendment modified reporting requirements for code enforcement activities. The previous quarterly reporting schedule was changed to an annual reporting cycle. Under the new framework, the Division of Code Enforcement will provide an annual summary of code violations occurring within the ND1 overlay zone.

Outcome

The Commission approved the amendment.

Consent Agenda: N items approved

1:00:00

The Commission approved meeting minutes from three previous sessions during the consent agenda portion of the meeting. The minutes under consideration were from the December 8, 2011; December 15, 2011; and January 12, 2012 meetings.

Eunice Beatty and Mike Owens were the key speakers on this agenda item. The Commission voted to approve all minutes by voice vote, with a result of 8-0 in favor of approval.

The consent agenda item was approved.