Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on February 23, 2012, at 1:34 p.m. in the Council Chamber on the 2nd Floor of the LFUCG Government Center, located at 200 East Main Street in Lexington, Kentucky. Mike Cravens presided over the meeting, which included five agenda items, eight motions and votes, and ten public comments.

The Commission addressed several significant matters during the session. A development plan amendment for Baptist Healthcare System (Central Baptist Hospital) was postponed. The Commission approved a zone map amendment and conditional use request for Victory Apostolic Church. The Meadowthorpe Neighborhood's Neighborhood Design Character Overlay (ND-1) designation was approved. Additionally, the Commission approved an amendment to its own bylaws and conducted an election of chairperson.

Attendance

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

Absent: Frank Penn

Late: None

Votes and Decisions

Approval of Minutes from January 26, 2012 15:50 Motion by Lynn Roche-Phillips, seconded by Will Berkley. Passed by voice vote.

DP 2012-4: Baptist Healthcare System Development Plan Amendment Postponement 21:56 Motion by Patrick Brewer, seconded by William Wilson. Postponed by roll call vote: 7 ayes, 2 nays, 1 abstention.

Voted for postponement: Eunice Beatty, Carla Blanton, Patrick Brewer, Marie Copeland, Mike Cravens, Lynn Roche-Phillips, William Wilson

Voted against postponement: Will Berkley, Mike Owens

MARC 2012-3: Zone Map Amendment for Victory Apostolic Church 45:33 Motion by Carla Blanton, seconded by William Wilson. Approved by roll call vote: 9 ayes, 0 nays. Amendment from Agricultural Rural (A-R) to Planned Neighborhood Residential (R-3). Approval includes 15 conditions including Urban County Council rezoning requirement, engineering and traffic approvals, landscaping standards, and tree inventory requirements.

All members voted in favor: Eunice Beatty, Will Berkley, Carla Blanton, Patrick Brewer, Marie Copeland, Mike Cravens, Mike Owens, Lynn Roche-Phillips, William Wilson

MARC 2012-3: Conditional Use Permit for Church Use at Victory Apostolic Church 46:05 Motion by Carla Blanton, seconded by Eunice Beatty. Approved by roll call vote: 9 ayes, 0 nays. Approval includes 8 conditions addressing rezoning requirements, parking and landscaping standards, traffic engineering review, lighting specifications, and storm water management.

All members voted in favor.

ZDP 2012-9: Preliminary Development Plan for Victory Apostolic Church 46:37 Motion by Carla Blanton, seconded by Mike Owens. Approved by roll call vote: 9 ayes, 0 nays. Approval includes 15 conditions matching those of the zone map amendment.

All members voted in favor.

MAR 2012-2: Neighborhood Design Character Overlay (ND-1) for Meadowthorpe 1:55:55 Motion by Lynn Roche-Phillips, seconded by William Wilson. Approved by roll call vote: 6 ayes, 3 nays. Approval includes design standards for exterior materials, floor area ratio, building height, accessory structure size, setbacks, parking, and wall openings.

Voted for: Eunice Beatty, Patrick Brewer, Marie Copeland, Mike Cravens, Mike Owens, William Wilson

Voted against: Will Berkley, Carla Blanton, Lynn Roche-Phillips

Approval of Amended Bylaws 2:13:07 Motion by Lynn Roche-Phillips, seconded by Lynn Roche-Phillips. Approved by roll call vote: 9 ayes, 1 nay.

Voted for: Eunice Beatty, Will Berkley, Carla Blanton, Patrick Brewer, Marie Copeland, Mike Cravens, Mike Owens, Lynn Roche-Phillips, William Wilson

Voted against: Frank Penn

Election of New Chairperson by Acclamation 2:15:53 Motion by Lynn Roche-Phillips, seconded by Lynn Roche-Phillips. Approved by roll call vote: 9 ayes, 0 nays.

All members voted in favor.

Public Comment

The meeting included ten public comments addressing three main topics: the Baptist Health Care System development, the Victory Apostolic Church development, and the proposed ND1 neighborhood overlay for Meadowthorpe.

Baptist Health Care System Development

Clarissa Spahn 16:28 requested a two-month postponement of DP 2012-4 to allow time for neighborhood notification and traffic engineering reassessment. She expressed concern that rerouted employee traffic through the Glendover neighborhood has created a hazardous corridor.

Victory Apostolic Church Development

Richard Murphy 41:15, representing the church, affirmed agreement with staff recommendations. He emphasized the importance of the gross acreage density calculation for financing and confirmed that the church would not require a dumpster initially.

ND1 Overlay for Meadowthorpe

Nine speakers addressed the proposed ND1 neighborhood overlay, with eight expressing support and one opposing it.

Support for ND1: - Coleman Bush 1:13:10 presented historical and visual evidence of Meadowthorpe's character and emphasized 77.3% neighborhood support for the overlay. - Mark Fibus 1:26:29 read a quote emphasizing the importance of preserving entire neighborhoods and urged approval. - Terry Terry 1:28:06 shared personal experience of being drawn to Meadowthorpe for its green space and character, expressing concern that unchecked development could destroy the neighborhood's charm. - Shirley Young 1:30:45 highlighted generational family continuity in Meadowthorpe and stressed that ND1 would preserve historic character. - Joe Collins 1:33:00 briefly urged commissioners to approve the overlay. - Elizabeth Robertson 1:33:30 shared her family's experience moving to Meadowthorpe for its historic character and expressed strong support for ND1. - John Rohr 1:41:06, representing the Historic Preservation Commission, praised the neighborhood's thorough application and urged approval to preserve the area's cultural and architectural significance.

Opposition to ND1: - Donna Blauvelt 1:35:17 expressed concern that ND1 would restrict her ability to expand her home, including adding a garage and deck, and argued that homeowners should not be subject to new rules after purchase.

Appointments

Mike Owens was appointed to the Urban County Planning Commission.

Contested Items

ND1 Overlay for Meadowthorpe

The approval of the ND-1 overlay for Meadowthorpe generated community opposition. Resident Donna Blauvelt opposed the overlay on the grounds that it would restrict her ability to expand her home after purchase. She argued that the overlay infringed on property rights, raising concerns about limitations on future development of her property.

Approval of Victory Apostolic Church Development

The approval of the Victory Apostolic Church Development passed unanimously. However, the discussion surrounding this item revealed underlying concerns about the church's potential impact on the neighborhood. Despite these concerns being raised during deliberation, no formal opposition was voiced against the approval.

Baptist Healthcare System (Central Baptist Hospital) - Development Plan Amendment

The Planning Commission considered a development plan amendment for Baptist Healthcare System's Central Baptist Hospital (DP 2012-4) 16:28.

Key Speakers

The discussion involved Clarissa Spahn, Skip Alexander, Bill Sallee, and Patrick Brewer.

Concerns Raised

The Planning Commission identified two primary concerns with the proposed amendment:

• Traffic impacts: Commissioners raised questions about the traffic effects of the development plan.
• Neighborhood notification: There was concern that the neighborhood had not been adequately notified about the proposal.

Applicant Position

The applicant opposed postponing consideration of the amendment.

Outcome

The Planning Commission voted to postpone the development plan amendment to March 22, 2012. The motion passed 7-2, with the applicant's objections noted but not preventing the postponement.

Victory Apostolic Church - Zone Map Amendment and Conditional Use

The Planning Commission considered a zone map amendment and conditional use request for Victory Apostolic Church 24:20. The proposal involved changing the property's zoning classification from A-R (Agricultural-Residential) to R-3 (Residential).

Key Participants

The discussion involved Planning Commission members Traci Wade, Tom Martin, Bill Sallee, and Richard Murphy.

Proposal and Approval

The Planning Commission approved the zone change from A-R to R-3 for Victory Apostolic Church. In addition to the zoning amendment, the Commission also approved conditional use and development plan applications for the property.

Conditions

The approval was subject to 15 conditions that the applicant must satisfy. These conditions included requirements for:

• Tree inventory
• Traffic approval
• Design standards

Outcome

The agenda item was approved by the Planning Commission.

Meadowthorpe Neighborhood - Neighborhood Design Character Overlay (ND-1)

The Planning Commission considered the adoption of a Neighborhood Design Character Overlay (ND-1) for the Meadowthorpe neighborhood. The overlay was designed to establish design standards intended to preserve the neighborhood's character.

Key Speakers and Presentation

The discussion involved Planning Commission members Traci Wade, Coleman Bush, Mark Fibus, Donna Blauvelt, and John Rohr. Staff presented recommended design standards as part of the overlay proposal 49:11.

Concerns Raised

Opposition to the overlay emerged from some residents who expressed concerns about development restrictions that would result from the ND-1 designation. These concerns centered on how the design standards might limit future development activities in the neighborhood.

Outcome

The Planning Commission approved the Neighborhood Design Character Overlay for Meadowthorpe with a 6-3 vote. The approval adopted the staff-recommended design standards despite the opposition voiced by concerned residents.

Amendment of Commission Bylaws

The Planning Commission considered revised bylaws establishing procedures for electing a nominating committee and conducting elections in July 2:05:25.

Key Speakers

Chris King, Patrick Brewer, and Lynn Roche-Phillips participated in the discussion of this agenda item.

Outcome

The Commission approved the amended bylaws by a vote of 9-1.

Election of Chairperson

2:14:11

Mike Owens was elected chairperson by acclamation, following the resignation of Derek Paulson. The election received unanimous support from the commission.

Lynn Roche-Phillips and Mike Owens were the key speakers during this agenda item. The chairperson position was filled without opposition, with all commission members supporting Owens' election to the role.